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2024.08.05 CC Packet
A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. July 15, 2024, City Council Meeting 2. July 22, 2022, Commissioner Interviews 3. July 29, 2024, Glacial Hills Trail Open House E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Swearing in of Firefighter Allysa Nadeau 2. Yellow Ribbon Network Update – Chair Chuck Haas G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Supervisor Mike Loeffler 3. Approve Annual Performance Review for Public Works Director Scott Anderson 4. Approve Annual Performance Review for Associate Planner Max Gort 5. Approve Annual Performance Review for Public Works Worker Matt Klein 6. Approve Hiring of Madison Siebenaler as Public Works Seasonal Employe 7. Approve Appointment of Andrew Reding as a New Parks Commissioner 8. Approve Appointment of Victor Shevchuk as New EDA Member 9. Approve Donation from Thomas Lowenberg to the Hugo Fire Department 10. Approve Amendments to the Policy Regulating the Use of Public Facilities 11. Approve Ordinance Amendment for Egress Windows 12. Approve Updated CDBG and HOME Program Cooperative Agreement with Washington County 13. Approval of Sale of Surplus Public Works and Fire Department Equipment 14. Approve PUD Amendment, Site Plan, Preliminary Plat, Final Plat, and Development Agreement for Oneka Fields Apartments 15. Approve Lake Center for Youths and Families Agreement 16. Approve Resolution Approving Encroachment Agreement for 5910 Freeland Court N. 17. Approve Resolution Approving Encroachment Agreement 15510 Goodview Trail N. 18. Approve Lawful Gambling Exempt Permit for Shoot for the Troops Event on Wednesday, September 11, 2024 Mayor: Tom Weidt Councilmembers: Becky Petryk, Ward 1 Phil Klein, Ward 2 Dave Strub, Ward 3 Mike Miron, Council at Large City Council Agenda Monday, August 5, 2024 Address: 14669 Fitzgerald Ave. N. Hugo, MN 55038 Phone: 651-762-6300 Website: www.ci.hugo.mn.us H. PUBLIC HEARING 1. Ordinance Extending the Cannabis Moratorium I. UNFINISHED BUSINESS 1. Nothing Scheduled J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. National Night Out on Tuesday August 6, 2024 2. Vacancy on Browns Creek Watershed District Board of Managers N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON AUGUST 5, 2024 D.1 Approval of Minutes for the July 15, 2024, City Council Meeting D.2 Approval of Minutes for the July 22, 2022, Commissioner Interviews D.3 Approval of Minutes for the July 29, 2024, Glacial Hills Trail Open House Staff recommends Council approve the above minutes as presented. F.1 Swearing in and Badge Pinning Ceremony for Firefighter Allysa Nadeau At its July 15, 2024, Hugo City Council meeting, the City Council approved the promotion of Allysa Nadeau to Engineer with a start date of August 1, 2024. Allysa has been with the Department since December 2021 and has recently completed a Fire Apparatus Operator course put on by Century College and passed a state certification test. Staff recommends Council support the Fire Department in performing the swearing-in and badge pinning ceremony for Firefighter Allysa Nadeau. F.2 Yellow Ribbon Network Update – Chair Chuck Haas Hugo Yellow Ribbon Network Chair Chuck Haas will provide Council with an update on recent activities of the Hugo YRN. G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Supervisor Mike Loeffler Mike Loeffler was hired as a Maintenance Worker for the City of Hugo’s Public Works Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public Works Lead Worker, then promoted to Public Works Supervisor. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Supervisor Mike Loeffler. G.3 Approve Annual Performance Review for Public Works Director Scott Anderson Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering Technician, and on August 5, 2008, Scott was promoted as the City’s Public Works Director. City Administrator Bryan Bear recommends Council approve the annual performance review for Public Works Director Scott Anderson. G.4 Approve Annual Performance Review for Associate Planner Max Gort Max Gort was hired as the new Associate Planner with the start date of August 8, 2022. Community Development Director Rachel Juba recommends Council approve the Annual Performance Review for Associate Planner Max Gort G.5 Approve Annual Performance Review for Public Works Worker Matt Klein Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Public Works Director Scott Anderson recommends Council approve the Annual Performance Review for Public Works Worker Matt Klein. G.6 Approve Hiring of Madison Siebenaler as Public Works Seasonal Employe As fall approaches, all of our seasonal employees will be returning to school. Madison Siebenaler is a former seasonal employee who is looking to return while she searches for full time employment. During her time here at Public Works, Madison was an excellent employee, and the Public Works Department is excited to have her come back. G.7 Approve Appointment of Andrew Reding as a New Parks Commissioner On July 22, 2024, Council conducted interviews with three individuals who applied for vacancies on the City’s Commissions. Council determined that Andrew Reding was best fit to fill the vacancy on the Parks Commission. Staff recommends Council formally approve Andrew Reding as a new member of the Park Commission. G.8 Approve Appointment of Victor Shevchuk as New EDA Member On July 22, 2024, Council conducted interviews with three individuals who applied for vacancies on the City’s Commissions. Council determined that Victor Shevchuk was best fit to fill the vacancy on the EDA. Staff recommends Council formally approve Victor Shevchuk as a new member of the EDA. G.9 Approve Donation from Thomas Lowenberg to the Hugo Fire Department Thomas Lowenberg would like to donate $200 to the Hugo Fire Department. All donations to the Fire Department must be approved by the City Council. Staff recommends Council approve the donation of $200 to the Fire Department from Thomas Lowenberg. G.10 Approve Amendments to the Policy Regulating the Use of Public Facilities The Policy Regulating the Use of the City of Hugo Public Facilities was updated in 2022 when online rentals became available. Staff is recommending minor text changes to the policy to clarify the cleanup regulations and alcohol insurance requirements. The most substantial change is that open flames (candles) are now specifically called out as not allowed. The changes address questions staff commonly receive from facility users. Staff recommends approval of the draft Policy Regulating the Use of the City of Hugo Public Facilities. G.11 Approve Ordinance Amendment for Egress Windows Hugo City Code allows for lot line setback exceptions for several typical house features such as window wells/egress windows, decks, porches, and air conditioners. In reviewing this section of the code staff found that the allowance for window wells/egress windows in the side yard to encroach two feet into the setback requirement does not meet building code. Building code requires a window well/egress window to have an opening of at least three feet, an issue that has come up in a few building permits over the last year. Staff recommended approval of a text amendment to align the zoning code with building code to the Planning Commission. The Planning Commission held a public hearing and considered the text amendment request at its July 25, 2024, meeting. No one spoke during the public hearing. The Planning Commission voted unanimously to recommend that the City Council approve the text amendment for yard regulations related to window wells/egress windows. G.12 Approve Updated CDBG and HOME Program Cooperative Agreement with Washington County Washington County is offering the City continued participation in the Community Development Block Grant (CDBG) and HOME Investment Partnership (HOME) program. The next three-year cycle will begin October 1, 2024, and end September 30, 2027. The updated Cooperative Agreement between Hugo and Washington County will need to be executed by Friday August 9, 2024. Staff recommends Council approve the Cooperative Agreement with Washington County. G.13 Approve Auction of Surplus City Equipment through Purple Wave Public Works and Fire Department staff are requesting City Council approval for the sale of several pieces of City equipment that are no longer of service to the departments. Some of this equipment has been replaced and new equipment is already in service, other pieces are just simply no longer used and have been stored at Public Works and the Fire Hall. Public Works staff would like to utilize an online auction service to facilitate the sale of this equipment. Staff is requesting Council authorization to move forward with the sale of surplus equipment using an online auction format. G.14 Approve PUD Amendment, Site Plan, Preliminary Plat, Final Plat, and Development Agreement for Oneka Fields Apartments Fenway Land Company is proposing a PUD amendment, site plan, preliminary plat, final plat, and development agreement for a vacant outlot in The Shores of Oneka Lake development. The property is located at the intersection of Goodview Avenue and 159th Street. The proposal for Oneka Fields includes five apartment buildings with 12 apartment units in each building. This is a total of 60 apartment units. This will bring the total units for The Shores of Oneka Lake PUD plan to 279 units. The project will be managed and maintained with services such as lawn care and snow removal. The Planning Commission considered and held a public hearing on the request. They unanimously recommended approval of the PUD amendment, preliminary plat, and site plan for the Oneka Fields development. G.15 Approve Lake Center for Youths and Families Agreement Over the past several years, the City has entered into an agreement with the Lakes Center for Youth and Families to support programs for Hugo families relating to counseling, intervention, and enrichment. Through this agreement, the City sponsors LCYF by providing financial support. In the 2024 budget, Council approved $17,073 in funding for their services. Staff recommends Council approve the agreement with Lakes Center for Youth and Families. G.16 Approve Resolution Approving Encroachment Agreement for 5910 Freeland Court N. Bradley and Jamie Anthony have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5910 Freeland Court North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 5910 Freeland Court North. G.17 Approve Resolution Approving Encroachment Agreement 15510 Goodview Trail N. Jacob and Lydia Mussehl have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15510 Goodview Trail North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff recommends Council approve the resolution approving the encroachment agreement for 15510 Goodview Trail North. G.18 Approve Lawful Gambling Exempt Permit for Shoot for the Troops Event on Wednesday, September 11, 2024 Shoot for the Troops has applied for a Lawful Gambling Exempt Permit to hold raffles at their shooting event to be held at Wild Wings on Wednesday, September 11, 2024. Gambling permits need to be approved by the City before being issued by the state. Staff recommends Council approve the Lawful Gambling permit for Shoot for the Troops. H.1 Public Hearing on Ordinance Extending the Cannabis Moratorium In 2022, the Legislature legalized the sale and use of edible cannabinoid products, and on August 15, 2022, the City Council approved an interim ordinance on THC products for one year in the City of Hugo. A new law enacted at the end of the 2023 Legislative Session legalized adult–use cannabis in Minnesota and established a regulatory framework over the cannabis industry. Included in this new law is the creation of the Office of Cannabis Management that will be responsible for licensing all cannabis related businesses. The OCM predicts it will have procedures in place by January 1, 2025. The law also allows cities to adopt an interim ordinance to place a moratorium until January 1, 2025, on the businesses involving these products to allow the City to consider restrictions on the time, place, and manner of operation of cannabis businesses. The City Council approved a 12-month moratorium on July 10, 2023, and staff has drafted an ordinance extending that moratorium until January 1, 2025. Staff recommends Council hold the public hearing on the interim ordinance. M.1 National Night Out on Tuesday, August 6, 2024 Council has scheduled a meeting to attend National Night Out events on Tuesday, August 6, 2024. Staff will provide Council with a list of scheduled events. M.2 Vacancy on Browns Creek Watershed District Board of Managers The terms for two board members on the Browns Creek Watershed District will be expiring on October 21, 2024. To serve as a manager on the Board, a resident must reside in that watershed district. Residents interested in being appointed can contact City Hall. N. Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, July 15, 2024 7:00 p.m. Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. Roll Call and Pledge of Allegiance COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the July 1, 2024, City Council Meeting Klein made motion, Strub seconded, to approve the minutes for the City Council Meeting held on July 1, 2024, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as amended by adding approval of a resolution authorizing an application for the Livable Community Grant Funds. All Ayes. Motion carried. Approve Samson Walters Memorial Donation At their meeting of June 26, 2024, the Parks Commission recommended approval of a donation from the Mahtomedi Hockey Association (2023/2024 Junior Gold 16 team) in memory of Samson Walters. A memorial plaque and bench would be installed in Diamond Point Park which was close to his home and a place he would often visit. Members of the Mahtomedi Junior Gold Hockey Team were present and shared photos and memories of their teammate, Samson. Weidt made motion, Miron seconded, to accept the donation of a bench and plaque from the Mahtomedi Hockey Association. All Ayes. Motion carried. Presentation of 2023 Audit Report – Jason Miller, Smith Schafer & Associates Jason Miller from the independent accounting firm of Smith Schafer & Associates presented a Council Meeting Minutes for July 15, 2024 Page 2 of 7 recap of the audit of City finances for the 2023 fiscal year. The audit report was posted on the City’s website. Jason began by saying the City had a clean audit, and he extended appreciation for the hard work of Council and staff. He explained what the audit entails and said an unmodified audit opinion was issued. He talked about a new section that required a single audit in 2023 as a result of spending ARPA funds, and no issues were found in testing. He reviewed the items that were required to be tested. He showed that property taxes were the largest revenue source, and he provided data on the different fund types. General Government Expenditures increased by 11% from 2022 due primarily to increased salaries for fully staffed Planning Department. Public safety expenditures increased by 9% due to increased fire and police protection. The highways and streets expenditures decreased in wages while materials and maintenance increased resulting in less than 1% difference from 2022. Expenditures for parks increased 30% in part due to the new Pede Pedersen Park facility. He talked about the benefit of the City’s policy to have at least 50% of the following year’s budget in reserves saying the fund was healthy largely due to ARPA funds that will be spent at a later time. Jason showed the City’s five-year debt service requirements saying payments were being made on time. He talked about recent Capital improvement projects that included Oneka Parkway, Birch tree ponds, and access control systems at the new Public Works, Lions Park Pavilion, and the Hanifl Shelter. He explained enterprise funds were doing well due to the increase in water billing revenue and good investment gains. Jason summarized by saying the City was issued an unmodified audit opinion with no single audit or Minnesota legal compliance exceptions. Petryk made motion, Klein seconded, to accept the results of the audit. All Ayes. Motion carried. Washington County Update on Highway 61 Visioning Study – Maddie Dahlheimer Washington County, MnDOT, and the City of Hugo had partnered on a corridor visioning study along Highway 61. A traffic, land use, and engineering analysis along with community input helped identify the long-range vision for the corridor that would be used to define future improvements and guide a potential jurisdictional transfer of the roadway from MnDOT to Washington County. The goals of the study included items such as evaluation of intersection improvements, defining access points, and determining right-of-way needs for the corridor for a possible expansion of the roadway. Madeline Dahlheimer from Washington County was present to provide an update. Before she began, Washington County Commissioner Fran Miron talked about the staff and partnerships that provided a great collaboration. He talked about the turnback being part of the long-range planning since 1996. Madeline showed a map of the study area and explained in 1996, there was intent to transfer the portion of TH61 in Washington County from MnDOT to Washington County. She provided background on the visioning study for Highway 61 and how it related to the Rush Line Transit Corridor, the City’s Downtown Plan and Design Guidelines, and the Corridor Access Management Plan MOU and Layout that illustrated the right-of-way needed for Council Meeting Minutes for July 15, 2024 Page 3 of 7 a four-lane highway that parallels the rail corridor. Access management and Right-of-way dedication needs had since been revisited. Specific traffic controls were not considered as part of the process. There was support for a unified transportation corridor with the Washington County Regional Rail Authority’s property and the highway corridor, which would both be under County jurisdiction. The layout would be able to support the Rush Line Transit Corridor connecting bus route from White Bear Lake to Forest Lake. The ROW dedication needs would be reduced throughout the corridor from the version created in 2008. Lastly, Madeline talked about the multi-modal improvements that would address safety and connectivity concerns. Council was invited to attend the Highway 61 Visioning Study Open House to be held on August 15, 2024, from 4:30-6:30 p.m. at Hugo City Hall. City Administrator Bryan Bear took a moment to recognize the County staff and Board for seeing the need for a single transportation corridor saying the County’s flexibility from the previous version saved several buildings that would have needed to be demolished along Highway 61. Klein made motion, Miron seconded, to schedule as a meeting to attend the open house scheduled for Thursday, August 15, 2024, from 4:30 pm to 6:30 pm at Hugo City Hall - Oneka Room. All Ayes. Motion carried. Petryk asked about available funding. Maddie replied that having an updated vision would help to identify and pursue funds for improvements. Approval of Consent Agenda Miron made motion, Petryk seconded, to approve the following Consent Agenda. 1. Approve Claims Roster 2. Approve Six-Month Performance Review for Accounting Clerk Jennifer Taylor 3. Approve Annual Performance Review for Public Works Worker Jeff Maas 4. Approve Appointment of Allysa Nadeau as Engineer on the Hugo Fire Department 5. Approve Resolution Appointing Election Judges for the Statewide Primary 6. Approve Special Event Permit for Louache Yang for Family Reunion on Saturday, July 20, 2024 7. Approve Special Event Permit for Wilson Tool Company Picnic on Friday and Saturday, August 9 and 10, 2024 8. Approve Temporary Liquor License for Hugo Lions Club for the Wilson Tool Picnic on August 10, 2024 9. Approve Purchase of Bandit 15XL Chipper for the Public Works Department 10. Approve Pay Request No. 2 to Dresel Contracting, Inc. for the 125th and Dellwood Ridge Street Project 11. Approve Pay Request No. 4 to C.W. Houle for Lift Station No. 12 All Ayes. Motion carried. Council Meeting Minutes for July 15, 2024 Page 4 of 7 Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Six-Month Performance Review for Accounting Clerk Jennifer Taylor At its January 8, 2024, meeting, Council approved the hiring of Jennifer Taylor as the new Accounting Clerk with a starting date of January 29, 2024. According to the City’s Personnel Policy, all appointments for regular full-time employees are subject to a six-month training and evaluation period. Adoption of the Consent Agenda approved the six-month performance review and removal of probationary status for Accounting Clerk Jennifer Taylor. Approve Annual Performance Review for Public Works Worker Jeff Maas Jeff Maas was hired by the City of Hugo on July 24, 2006, as a Public Works Worker. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Jeff Maas. Approve Appointment of Allysa Nadeau as Engineer on the Hugo Fire Department Allysa Nadeau had submitted a letter of interest in the Engineer position on the Fire Department. Chief Engineer Kaspszak and Deputy Chief Jensen conducted an interview with Allysa on June 27, 2024, and recommended Allysa Nadeau fill the last open engineer position with a start date of August 1, 2024. Adoption of the Consent Agenda approved the appointment of Allysa Nadeau as Engineer on the Fire Department. Approve Resolution Appointing Election Judges for the Statewide Primary Election on August 13, 2024 The Hugo City Council needed to pass a resolution approving the appointment of election judges for the Primary Election on August 13, 2024. Staff had prepared a resolution with a list of 56 judges who had signed up to work the Primary Election; however, all judges must first complete a two-hour training. Adoption of the Consent Agenda approved RESOLUTION 2024-26 APPOINTING ELECTION JUDGES FOR THE AUGUST 13, 2024, STATEWIDE PRIMARY. Approve Special Event Permit for Louache Yang for Family Reunion on Saturday, July 20, 2024 Louache Yang had applied for a Special Event Permit for a family reunion to be held at Hanifl Fields on Saturday, July 20, 2024. Council approval was required for any event that served alcohol, had amplified music, and extended after dusk. The applicant had paid the fee, submitted proof of insurance for liquor, and agreed to the conditions. Adoption of the Consent Agenda approved the Special Event Permit for the Louache Family Reunion subject to the conditions on the permit. Council Meeting Minutes for July 15, 2024 Page 5 of 7 Approve Special Event Permit for Wilson Tool Company Picnic on Friday and Saturday, August 9 and 10, 2024 Wilson Tool had applied for a Special Event Permit for their annual company picnic to be held on Saturday, August 10, 2024, from 11 a.m. to 5 p.m. at Hanifl Fields. This is a private event and free of charge to Wilson Tool employees and their families. Alcohol will be served and there will be amplified sound for announcements. Council approval was required for any event that served alcohol, had amplified music, and had expected attendance of over 200 people. Adoption of the Consent Agenda approved the Special Event Permit for Wilson Tool’s company events. Approve Temporary Liquor License for Hugo Lions Club for the Wilson Tool Picnic on Saturday, August 10, 2024 The Hugo Lions Club had applied for a Temporary Liquor License to sell alcohol at the Wilson Tool Picnic on August 10, 2024. The Club has provided the completed application, application fee, and proof of Liquor Liability Insurance for the event. Adoption of the Consent Agenda approved the Temporary Liquor License for the Wilson Tool Picnic on Saturday, August 10, 2024. Approve Purchase of Bandit 15XL Chipper for the Public Works Department The Hugo Public Works Department had been renting a chipper to use when doing tree trimming and/or removal of trees along public road rights-of-way. Staff had been looking at options to purchase a chipper, and money was included in the 2024 budget for this purchase. Adoption of the Consent Agenda approved the purchase of a Bandit 15XP woodchipper as outlined in the quote from Tri-State Bobcat in the amount of $64,586.80. Approve Pay Request No. 2 to Dresel Contracting, Inc. for the 125th and Dellwood Ridge Street Project Dresel Contracting, Inc. had submitted Pay Request No. 2 in the amount of $1,022,157.40 for work certified through June 30, 2024, on the 2024 125th Street/Dellwood Ridge Neighborhood Improvement Project. New storm sewer had been completed and concrete curbs had been installed along Heather Avenue and Upper Heather Avenue. Adoption of the Consent Agenda approved the payment to Dresel Contracting, Inc. in the amount of $1,022,157.40. Approve Pay Request No. 4 to C.W. Houle for Lift Station No. 12 C.W. Houle, Inc. had submitted Pay Request No. 4 in the amount of $81,785.69 for work certified through June 30, 2024, on the Lift Station No. 12 Project. The lift station was substantially complete and operational. Adoption of the Consent Agenda approved payment to C.W. Houle, Inc. in the amount of $81,785.69. Approve Solar Ordinance Text Amendment The City Council enacted a moratorium on applications for solar farms at its May 20, 2024, meeting, after they had denied an application for a solar farm at their May 6, 2024, meeting Council Meeting Minutes for July 15, 2024 Page 6 of 7 citing it did not meet the character of the area. At its June 17, 2024, meeting, Council discussed the direction needed for the ordinance, and several Councilmembers stated that they would like to gather public feedback on the prohibition of solar farms prior to restarting the ordinance review process that had been completed in 2023. The City Council directed staff to draft a text amendment that would prohibit solar farms within the City. With the Council’s direction, staff has drafted text amendments to Sec. 90-1 Definitions and Sec. 90-278(d) Solar Energy Systems that would prohibit solar farms, not including accessory solar. The Planning Commission held a public hearing at its July 11, 2024, meeting to consider the text amendment as drafted. Associate Planner Max Gort reviewed the most current revisions adopted by Council in July 2023 that increased setbacks to 100 feet from property lines and 200 feet from roads and dwellings, limited array size to five acres, and provided for more strict screening and landscaping requirements. Max provided a recap of the April 11, 2024, Planning Commission public hearing saying several in attendance spoke on both sides of the issue. Those in favor talked about renewable energy, property owners’ rights, and solar farms being a low impact, non-disruptive use. Those opposed to solar farms talked about the character of the areas, disruption of sightlines and operators being from outside of the community. The Commission agreed that they should not be banned, and there should be a place for them in the community that people would be comfortable with. The Commission recommended denial of the proposed text amendment prohibiting solar farms and recommended holding another joint workshop with the City Council and Planning Commission to determine the future of the ordinance. Council generally agreed there was not enough feedback now to prohibit solar farms and agreed there were details worth going over again. If other amendments were proposed, another public hearing would be required. Weidt made motion, Klein seconded, to request staff propose a date on which to hold a joint workshop. All Ayes. Motion carried. Miron made motion, Klein seconded, to table the Solar Ordinance Text Amendment. All Ayes. Motin carried. Resolution Authorizing an Application for the Livable Communities Grant Funds Staff added this item to the agenda to approve a resolution approving applying for grant funds. City Administrator Bryan Bear reminded Council that at the July 1, 2024, meeting, they authorized preparation for work on the Residential Zoning District ordinance. The opening of the grant program had just occurred, and it may fund this effort. Miron made motion, Strub seconded, to approve RESOLUTION 2024-27 IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS. All Ayes. Motion carried. Council Meeting Minutes for July 15, 2024 Page 7 of 7 Reminder – Commissioner Interviews on Monday, July 22, 2024 City Administrator Bryan Bear reminded Council of the commissioner interviews scheduled for Monday, July 22, 2024, at 7 p.m. in the Conference Room at City Hall. Schedule Glacial Hills Regional Trail Open House on Monday, July 29, 2024 City Administrator Bryan Bear informed Council that Washington County would be hosting an Open House on Monday, July 29 from 4:30-6:30 pm at City Hall, to share the proposed trail alignment for public comment. Klein made motion, Strub seconded, to schedule a meeting to attend the Glacial Hills Regional Trail Open House on Monday, July 29, 2024. All Ayes. Motion carried. Schedule National Night Out on Tuesday, August 6, 2024 City Administrator Bryan Bear reminded Council that in the past they attended National Night Out annual events and recommended they schedule a meeting to attend this year’s National Night Out events on Tuesday, August 6, 2024. Miron made motion, Klein seconded, to schedule a meeting to attend National Night Out events on August 6, 2024. All Ayes. Motion carried. Adjournment Klein made motion, Strub seconded, to adjourn at 8:11 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council Commissioner Interviews City Hall Conference Room Monday, July 22, 2024 7 p.m Mayor Weidt called the meeting to order at 7:00 PM COUNCIL PRESENT: Petryk, Miron, Strub, Weidt COUNCIL ABSENT: Klein STAFF PRESENT: City Administrator Bryan Council held interviews with three applicants who applied to fill vacant positions on City Commissions. Recommendations for approval of two of the applicants will be on the next Council agenda. Respectfully submitted, Bryan J. Bear City Administrator MINUTES City Council Glacial Hills Trail Workshop City Hall Oneka Room Monday, July 29, 2024 4:30 p.m COUNCIL PRESENT: Klein, Petryk, Miron, Strub, Weidt COUNCIL ABSENT: None Council attended the workshop held by Washington County to review the plans for the Glacial Hills Regional Trail. The long-range plan would guide the vision and future development of an east-west multiuse trail through northern Washington County. The future trail would connect the Hardwood Creek Regional Trail, Big Marine Park Reserve, and William O’Brien State Park. The workshop concluded at approximately 6:30 P.M. Respectfully submitted, Bryan J. Bear City Administrator City of Hugo Claims August 5, 2024 G. 1 Vendor Invoice Amount Description Department Albertson Construction Inc 104 2,500.00$ HFD Kitchen Remodel - Floor Refinish Fire Dept Allied Medical Training 3708 245.00$ EMT Recertification - Anderson Fire Dept Allina Health System CI00053069 625.00$ EMR Initial Course - DeLaRosa Fire Dept Allstream 20723453 116.14$ Fax Line Administration Amazon Capital Services 1KQL-Q3JM-K4CW 59.70$ Fire Department Open House Supplies Fire Dept Amazon Capital Services 1PVN-DWVQ-PM6X 64.02$ Breakroom Supplies Public Works Amazon Capital Services 1PVN-DWVQ-PM6X 40.90$ Restroom Supplies Public Works Amazon Capital Services 1PVN-DWVQ-PM6X 27.01$ Floor Degreaser Fire Dept Amazon Capital Services 1PVN-DWVQ-PM6X 10.37$ Parts - Unit #7201-04 Fire Dept Amazon Capital Services 1VJJ-R7J1-WPC9 47.67$ Nozzles for Pump Sprayers Steet Dept Amazon Capital Services 1VJJ-R7J1-WPC9 37.98$ Shop Supplies Public Works Amazon Capital Services 1VJJ-R7J1-WPC9 21.36$ Labeling Tape Public Works Arnt Construction Company Inc 31986 7,259.56$ Class 6 Gravel Street Dept Aspen Mills 336014 60.65$ HFD Shirt & Embroidery Fire Dept Aspen Mills 336015 60.65$ HFD Shirt & Embroidery Fire Dept Aspen Mills 336295 66.00$ Embroidery Fire Dept Atlas Copco Compressors LLC 1124065510 1,749.10$ Annual Compressor Maintenance Public Works Brevig, Kathy CLAIM 85.14$ Historical Commission Supplies Historical Commission Canteen Refreshment Services MSP102274 332.29$ Breakroom Supplies Public Works Canteen Refreshment Services MSP102275 263.85$ Breakroom Supplies Gen Gov't Bldgs Cardio Partners Inc INV3424883 568.76$ AED Smart Pads Fire Dept CDW Government Inc SC20845 132.00$ UPS Backup for SCADA System Sewer Utility Century Link 651 429-3212 72.54$ Fire Station Phone Lines Fire Dept Cintas Corporation 5219874512 214.84$ First Aid Supplies Public Works Cintas Corporation 5219874512 44.09$ First Aid Supplies Gen Gov't Bldgs Comcast 6/18/2024 408.50$ Business Internet (thru July 27) Fire Dept Comcast 7/12/2024 25.13$ Business Cable (thru Aug 21) Administration Comcast 209022538 411.82$ Business Internet (July) Administration Comcast 209022538 411.82$ Business Internet (July) Public Works Companion Animal Control LLC June 479.47$ Callout Fees & Mileage Animal Control Compton, Jim Jr. CLAIM 441.75$ Chief Vehicle Heating Costs Fire Dept Connexus Energy 416342-327922 18.85$ Lift Station No. 12 Electric Sewer Utility Connexus Energy 416342-327922 53.35$ Lift Station No. 12 Electric Sewer Utility Core & Main LP V268241 5,102.53$ Radio Meters Water Utility Cummins Sales and Service E4-59514 315.89$ Quarterly Generator Maintenance Public Works Earl F. Andersen 0136837-IN 515.90$ Street Sign Plates Street Dept Emans, Colin CLAIM 441.75$ Chief Vehicle Heating Costs Fire Dept Emergency Automative Technologies JP052224-44A 172.95$ Warning Light Mount - Unit #122-24 Water & Sewer Emergency Automative Technologies JP052224-44A 172.96$ Warning Light Mount - Unit #123-24 Parks Dept Excel AV Group SI-154728 135.00$ Audio/Visual Transmitter (PPP) Parks Dept Fastenal MNTC3231870 25.60$ Hose Reel Hardware Fire Dept Flagship Recreation F22846 538.52$ Playground Replacement Parts - Oak Shore Park Parks Dept Flagship Recreation F22846 264.68$ Playground Replacement Parts - Heritage Ponds Park Parks Dept Forest Lake NAPA June 386.08$ Auto Parts & Shop Supplies Various Forest Lake NAPA 215625 5,299.00$ Coats 1185 Wheel Balancer - Unit #427 Public Works Forest Lake NAPA 215625 529.00$ Truck Adaptor Cones for Wheel Balancer - Unit #427 Public Works Gopher State One Call 4060485 541.35$ June Service Charges Water & Sewer Government Finance Officers Assoc 231002 190.00$ Annual Membership Fees Finance Dept Hawkins Inc 6807398 80.00$ Water Chemicals (Cylinder Charge) Water Utility Hawkins Inc 6817412 2,909.28$ Water Chemicals Water Utility Hawkins Inc 6821328 5,263.56$ Water Chemicals Water Utility Hoernemann, Ross CLAIM 220.87$ Chief Vehicle Heating Costs Fire Dept Home Depot Credit Services 6514566 29.24$ Shop Tools Public Works Home Depot Credit Services 6514566 215.65$ Dehumidifier - Well No. 2 Water Utility Home Depot Credit Services 7514416 185.70$ Trash Bags Parks Dept Hugo Equipment Company 204604 552.49$ Backpack Blower - Unit #481 Parks Dept Hugo Equipment Company 204604 55.98$ Small Engine Oil Parks Dept Hugo Equipment Company 206963 37.99$ Parts - Unit #309-05 Parks Dept Hugo Equipment Company 203893 39.98$ Parts for Mowers Parks Dept Hugo Equipment Company 205421 12.37$ Parts - Unit #319-07 Parks Dept Hugo Equipment Company 206259 781.60$ Parts - Unit #319-07 Parks Dept Hugo Equipment Company 206541 232.97$ Parts - Unit #319-07 Parks Dept Hugo Feed Mill 165291 42.97$ Good Neighbor Days Supplies Parks Dept Hugo Feed Mill 165874 1.96$ Hardware Public Works InnoGraphics Design Group 3858 150.00$ Marketing Flyer - Land Redevelopment (Egg Lake) Community Development Innovative Office Solutions LLC IN4581498 437.49$ Restroom Supplies (PPP) Parks Dept Innovative Office Solutions LLC IN4584634 85.35$ Toner Cartridge Finance Dept Innovative Office Solutions LLC IN4584634 14.56$ Pens Administration Innovative Office Solutions LLC IN4592160 191.96$ Copy Paper Administration Innovative Office Solutions LLC IN4592160 136.49$ Breakroom Supplies (CH) Gen Gov't Bldgs Innovative Office Solutions LLC IN4592160 40.13$ Post-It Notes Administration Innovative Office Solutions LLC IN4592366 48.23$ Trash Can Liners (RLC) Gen Gov't Bldgs Page 1 City of Hugo Claims August 5, 2024 G. 1 Vendor Invoice Amount Description Department Innovative Office Solutions LLC IN4592366 48.23$ Trash Can Liners (PW) Public Works Innovative Office Solutions LLC IN4592366 35.84$ Restroom Supplies (PW) Public Works Instrumental Research, Inc. 5679 120.00$ Water Bacteria Testing Water Utility International Institute of Municipal Clerks 26741 185.00$ 2024 Membership Dues - Michele Lindau City Clerk Jensen, David CLAIM 441.75$ Chief Vehicle Heating Costs Fire Dept Johnson/Turner June 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner June 294.95$ Disbursements (Prosecution Costs) General Legal Johnson/Turner June 6,269.75$ Civil Legal Fees - See Attached Breakdown General Legal Justin Taylor Companies LLC 6947 720.00$ Black Dirt Street Dept Justin Taylor Companies LLC 6947 720.00$ Black Dirt Parks Dept Klein, Lori July 875.00$ July Cleaning Services (PPP) Parks Dept Kompan Lets Play INV124316 306.78$ Playground Hardware - Arcand Park Parks Dept Kramer Mechanical Plumbing & Heating Inc 30805 2,770.00$ HFD Kitchen Remodel - Install Range Hood Vent Duct Fire Dept L.T.G. Power Equipment 287434 40.63$ Parts - Unit #344-20 Parks Dept L.T.G. Power Equipment 287443 59.82$ Parts - Unit #344-20 Parks Dept L.T.G. Power Equipment 287443 59.82$ Parts - Unit #347-23 Parks Dept Lakes Center for Youth & Families Hugo 2024 17,072.48$ 2024 Contribution - Youth Diversion Program Contributions Lawson Products 9311657706 540.69$ Bulk Hardware Supplies Public Works Lawson Products 9311694992 526.58$ Bulk Hardware Supplies Public Works League of Minnesota Cities 407501 600.00$ Respectful Workplace Training Fire Dept Lebens Floral & Garden 10336 3,830.00$ Lions Park Pavilion Planters Parks Dept Lebens Floral & Garden 10926 260.00$ Landscaping Supplies Gen Gov't Bldgs Legacy Sorbents & Supply Company 10755 277.20$ Shop Towels Public Works Lincoln National Life Insurance Co. August 1,230.54$ Disability Premium Finance Dept Loeffler, Mike CLAIM 220.49$ Work Boot Reimbursement Public Works M&E Plastic Repair 7/7/2024 2,950.00$ Plastic Repairs - Arbre Park Parks Dept MacQueen Emergency P32560 991.25$ MSA Cairns Helmets (3) Fire Dept MacQueen Emergency P32385 (625.00)$ MSA Cairns Helmets (2 Returned) Fire Dept Menards 37995 222.08$ Concrete Mix - Catch Basin Repairs Stormwater Fund Menards 38274 478.00$ Washing Machine - 14716 Fondant Ave N. Rental Properties Menards 38573 80.08$ Fire Department Supplies Fire Dept Menards 38574 94.92$ HFD Kitchen Remodel - Supplies Fire Dept Menards 38842 379.19$ HFD Kitchen Remodel - Supplies Fire Dept Metering & Technology Solutions INV5787 6,871.84$ Water Meters & Hardware Water Utility Metering & Technology Solutions INV5815 9,747.56$ Water Meters Water Utility Metro-INET 2046 10,341.00$ July Computer Service Various Minnesota Cleaning Services Inc 0824HH01 605.00$ July Cleaning Services Gen Gov't Bldgs Minnesota Cleaning Services Inc 0824HH02 100.00$ July Cleaning Services - Hanifl Parks Dept Minnesota Cleaning Services Inc 0824HH03 741.00$ July Cleaning Services - PW Facility Public Works Minnesota Cleaning Services Inc 0824HH03 450.00$ July Cleaning Services Fire Dept Minnesota Cleaning Services Inc 0824HH03 247.00$ July Cleaning Services - Rice Lake Room Gen Gov't Bldgs Minnesota Rural Water Association Registration 150.00$ Operator Equipment Expo Registration - Fox Water & Sewer Minnesota Rural Water Association Registration 150.00$ Operator Equipment Expo Registration - Hollerbach Water & Sewer Minnesota Rural Water Association Registration 150.00$ Operator Equipment Expo Registration - Nelson Water & Sewer Minnesota Rural Water Association Registration 150.00$ Operator Equipment Expo Registration - Smith Water & Sewer Minnesota Rural Water Association Registration 150.00$ Operator Equipment Expo Registration - Triemert Water & Sewer MN Dept of Labor & Industry ABR0329826X 10.00$ Pressure Vessel Registration Fees Fire Dept MN Dept of Labor & Industry ABR0330504X 10.00$ Pressure Vessel Registration Fees Public Works MN Dept of Transportation P00018781 805.28$ Bituminous Inspection - Dellwoood Ridge & 125th Street Imp Street Reconstruction MN Fire Service Certification Board 13020 136.50$ Fire Officer II Certification Exam - Palmquist Fire Dept MN Pollution Control Agency Registration 585.00$ Wastewater Operations & Collection Conference - Kieffer Sewer Utility O'Reilly Auto Parts 5914-293412 32.29$ Warning Light - Unit #308-05 Street Dept O'Reilly Auto Parts 5914-294511 8.49$ Shop Supplies Public Works Palmquist, Jason CLAIM 220.87$ Chief Vehicle Heating Costs Fire Dept Peterson Companies 55592 627.00$ Waters Edge Irrigation Reuse Phase 1 Start Up Stormwater Fund Peterson Companies 55593 1,795.91$ Waters Edge Irrigation Reuse Phase 2 Start Up & Repairs Stormwater Fund Peterson Companies 55594 627.00$ CSAH 8 Irrigation Reuse System Start-Up Stormwater Fund Peterson Companies 55597 1,255.28$ Hanifl Park Irrigation Start Up & Repairs Parks Dept Peterson Companies 55598 331.60$ City Hall Irrigation Start Up & Repair Gen Gov't Bldgs Peterson Companies 55684 3,426.75$ Lions Park Irrigation Start Up & Repairs Parks Dept Peterson Companies Inc 55430 820.99$ Beaver Ponds Park Irrigation Start Up & Repairs Stormwater Fund Peterson Companies Inc 55453 3,338.82$ CSAH 8 Irrigation System Start-Up, Parts & Repair Street Dept Plant & Flanged Equipment LLC 0086725-IN 84.38$ Hardware - Well No. 3 Water Utility Press Publications 811004 48.97$ Filings of Affidavits for Candidacy Ordinances/Proceedings Quadient Leasing USA Inc Q1427666 72.54$ Meter Rental - June Administration Quadient Leasing USA Inc Q1427666 72.54$ Meter Rental - July Administration Quadient Leasing USA Inc Q1427666 72.54$ Meter Rental - Aug Administration Sign Solutions USA 412448 1,484.75$ Street Sign Materials Street Dept Signature Lighting Inc 1399 9,151.00$ Streetlight Repairs - Materials Street Dept SiteOne Landscape Supply LLC 143512123-001 213.76$ Herbicide Parks Dept SiteOne Landscape Supply LLC 143512123-001 156.76$ Irrigation Hardware Parks Dept Smith, Schafer & Associates 31948 10,000.00$ 2023 Audit Interim Billing Finance Dept Page 2 City of Hugo Claims August 5, 2024 G. 1 Vendor Invoice Amount Description Department Smith, Schafer & Associates 31948 6,875.00$ Accounting Assistance Finance Dept Smith, Schafer & Associates 31948 4,000.00$ ARPA Single Audit Final Billing Finance Dept St. Croix Recreation Fun Playgrounds Inc 21965 339.38$ Spinner Replacement Parts & Hardware - Hanifl Parks Dept Stabner Electric LLC 4359 401.95$ Electrical Work - Well No. 3 (A/C Replacement) Water Utility T.A. Schifsky & Sons Inc 70337 2,948.37$ Asphalt Street Dept T.A. Schifsky & Sons Inc 70383 2,373.33$ Asphalt Street Dept TASC IN3141137 50.00$ August Cobra Administration Fee Finance Dept Toshiba Financial Services 5030621087 148.74$ August Copier Lease Payment Fire Dept Toshiba Financial Services 5030621087 22.68$ Overage Charges (Color) Fire Dept Toshiba Financial Services 5030621087 1.44$ Overage Charges (B & W) Fire Dept UniFirst Corporation 1410071147 12.96$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410071148 158.71$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410072597 10.55$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410072598 158.53$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410074446 302.52$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410074447 240.32$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410076121 10.55$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410076122 158.53$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410077625 12.80$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs US Bank Equipment Finance 533285854 546.60$ June Copier Service Payment Administration US Bank Equipment Finance 533285854 75.31$ Overage Charges (Color) Administration Verizon Wireless 9967982522 977.72$ Cellular Phone Charges Various Verizon Wireless 9967982522 42.98$ Equipment Charge Fire Dept Washington County Sheriff 224056 801,684.65$ Police Services January - June 2024 Law Enforcement White Cap, LP 50027344691 2,499.99$ Multiquip Plate Compactor - Unit #499-24 Street Dept White Cap, LP 50027344691 326.99$ Wheel Kit for Multiquip Plate Compactor - Unit #499-24 Street Dept WSB & Associates May 75,533.60$ Engineering Fees - See Attached Breakdown Various Xcel Energy 51-0013009096-8 39.25$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013493712-0 1,294.01$ Lions Park Pavilion Electric Parks Dept Xcel Energy 51-0013493712-0 60.45$ Lions Park Pavilion Natural Gas Service Parks Dept Xcel Energy 51-0013971834-1 56.76$ 152nd Street Stop Light Street Dept Xcel Energy 51-0014152504-7 77.56$ Oneka Pkwy Stop Light Street Dept Xcel Energy 51-0014686426-3 48.65$ 159th Street Light Street Dept Zack's Inc 36815 101.82$ Padlocks Public Works 1,057,093.53$ Total Claims for August 5, 2024 Page 3 POLICY REGULATING THE USE OF THE CITY OF HUGO PUBLIC FACILITIES Effective and Approved May 2, 2011 Updated July 18, 2022 Updated August 5, 2024 GENERAL The City has public facilities (City Hall Oneka Room, Rice Lake Centre, Hanifl Shelter Gathering Room, Peder Pedersen Pavilion) which are intended to serve the public where possible by providing a facility conducive to the conduct of public business. Since public funds made these facilities possible, the public is encouraged to use them. The following policy is designed to promote orderly and appropriate use of these public facilities. Failure to conform to this policy for use of the facility shall be cause for forfeiture of future use privileges. Facilities are able to be rented and used between 7:00 am and Midnight. WHO MAY USE THE PUBLIC BUILDINGS The public facilities shall be generally available for use by area civic, charitable or non-profit organizations and for public and private meetings. They may also be used, subject to availability, for other private events. They shall not be used for private profit-making activities or any other activity not consistent with the general purpose of the building or these policies. Routine use (weekly or bi-weekly) or use by political groups shall occur only with specific approval of the City’s rental coordinator. AVAILABILITY AND PRIORITY Reservations may be booked up to a year in advance. Approved reservation times and dates shall be adhered to. There shall be no subletting or assignment of reservations except by a City designee. Priority of Use: 1) Hugo City Council or Commission meetings and city sponsored programs 2) City approved groups serving youth or seniors having regularly scheduled meetings Example: Hugo Senior Club, Scouts 3) Other City approved groups having regularly scheduled meetings Example: Homeowners Associations, Hugo Business Association 4) Other non-profit organizations having public events 5) Hugo residents having private events 6) Non-Hugo residents having private events The City reserves the right to cancel any reserved meeting or event, without any cost to the City, if it becomes necessary to schedule a government associated meeting or event. APPLICATION To reserve a public facility, a rental application and all fees and deposits must be paid. The person signing the application is deemed to be the representative of the group or organization using the public facility and shall be responsible for compliance with all City policies. The applicant must be 18 years of age or older. The City’s rental coordinator shall approve or decline the application in a timely manner. A request from a non-profit for regularly scheduled events will be reviewed by the City’s rental coordinator in light of these guidelines and the availability of the facilities. Non-profits who wish to have regularly occurring meetings must serve Hugo residents and proof of residency of participants may be required. Non-profits that do not specifically serve Hugo residents are allowed up to 4 rentals per calendar year. Non-profits may not serve alcohol. The rental fee may be waived for city approved groups such as 501(c)3 non-profit organizations, community volunteer service organizations, or other applicants who have performed a commensurate service to the City. The City reserves the right to not allow rentals for a group or organization that have previously failed to clean up the room , failed to return keys, or has repeated cancellations. FEES, DEPOSITS, and CANCELLATIONS Fees and deposits shall be paid at the time the reservation is made, according to the fee schedule as established by the Council. If alcohol is being served, a damage deposit is required. The damage deposit shall be refunded after the event provided no damage is done, all areas used are left in a clean acceptable condition, and that all keys are returned. The applicant is responsible for any damage or cleaning expense that exceeds the deposit. The rental fee shall not be refunded if the applicant cancels within 2 weeks of the date of the rental. If a reservation is made but the facility is not used, the City will charge the full rental fee regardless of non- profit status. Refunds may be granted, at the discretion of the City’s rental coordinator, for severe weather conditions. ACCESS TO THE FACILITY The applicant shall pick up a key at Hugo City Hall by 2:00 pm on the day of the rental or the business day prior for a weekend rental. All rental keys must be returned to Hugo City Hall by the business day after the reservation. There is a drop box by the front door of City Hall. SPECIAL EVENT PERMIT In addition to submitting a rental application and the fees, a facility renter may be required to apply for a Special Event Permit subject to City Council approval. https://www.ci.hugo.mn.us/miscpermits Amplified sound/music that can be heard outside the building, anticipated attendance of over 200 people, or impacts on traffic or parking would necessitate a special event permit. USE REGULATIONS SUPERVISION The rental agreement signee is liable for all conduct of the rental group. This includes any damage, loss or breakage. All children present must have adult supervision. Please note that there are security cameras in use at some facilities. FOOD AND BEVERAGES Food and beverages are allowed in some rooms. The rental spaces include food catering facilities only, not preparation centers. The applicant is responsible for furnishing all serving needs (plates, silverware, utensils, serving dishes, etc.) All food, beverages, serving materials, and other items must be removed at the end of the rental period. SMOKING/ FLAMES Smoking is prohibited in all Hugo public buildings. No open flames are allowed in Hugo public buildings. ALCOHOL Use of alcohol in the public facilities will be the responsibility of the applicant. The use of alcohol will abide by all federal, state and local laws regarding the consumption, display and use of alcoholic beverages. No alcohol shall be provided to minors. No alcohol shall be consumed or taken outside the building. Alcohol may only be allowed if payment of the alcohol deposit fee and certificate of insurance is submitted with the rental agreement. The sale of alcoholic beverages is prohibited, unless a Temporary Liquor License has been granted or it is provided by a licensed caterer. Caterers providing liquor service must have and provide proof of a liquor license and provide a copy of liquor liability insurance. If alcohol is served or sold, a valid copy of liquor liability (dram shop) insurance is required with the minimum amount of $1,000,000 per occurrence. One way to find a liquor liability insurance policy is through an online event insurance provider. The City of Hugo (Hugo City Hall 14469 Fitzgerald Ave. North) shall be named as an additional insured. The person who signs the rental agreement must be the policy holder of the certificate of insurance and must be present during the rental. GAMBLING No gambling of any kind shall be allowed except with appropriate state and city permits. PARKING Parking is available at all facilities. There may be other rental groups, events, or park users nearby. Be prepared to share parking with others, especially at Hanifl Fields Athletic Park and Lions Volunteer Park. ANIMALS No animals, except for service animals, are allowed in public facilities. EXTERIOR USE No tents, inflatables, volleyball nets, signs, or other staked items are allowed on the exterior of the public facility without permission. Amplified sound or music is not allowed outside the building without a Special Event Permit. Music and sound inside the building shall not be loud enough to be heard outside the building. CLEAN UP REGULATIONS No rice, loose glitter, or confetti shall be allowed on the premises. Standalone decorations are allowed. The use of adhesive and/or removable hooks is not allowed. Nails or adhesives that leave a mark are not allowed. Leftover pieces of tape or other marks on surfaces will result in forfeiture of the damage deposit. At the end of the use of the facility, it must be cleaned and returned to its original condition. This includes: • Remove all people and personal effects • Pick up and remove all trash and place bags in designated area • Wipe off tables, chairs, counters and remove food spills • Return tables and chairs to an orderly arrangement • Lock doors and ensure that they are shut • Turn off all lights and fans Setup, take down, and all cleanup must be done within the rental period. Access is not available outside rental times. Other groups may be using the space immediately following your rental. If the facility is not satisfactorily returned to its original condition, the City shall have the facility cleaned and the applicant agrees to pay for the cost of cleanup. Memorandum To: Hugo City Council From: Max Gort, Associate Planner Date: July 31, 2024, for the Planning Commission Meeting of August 5, 2024 Re: Public Hearing – Text Amendment – Exceptions to Yard Regulations Related to Window Wells/Egress Windows 1. PLANNING COMMISSION MEETING UPDATE: At its July 25, 2024 meeting the Planning Commission held a public hearing and considered the request for the text amendment relating to exceptions to yard regulations related to egress windows. No one spoke during the public hearing. The Planning Commission voted unanimously to recommend approval of the text amendment to the City Council. 2. BACKGROUND: Hugo City Code allows for lot line setback exceptions for several typical house features such as window wells/egress windows, decks, porches, and air conditioners. In reviewing this section of the code staff found that the allowance for a window wells/egress windows in the side yard to encroach 2 feet into the setback requirement does not meet building code. Building code requires a window well/egress window to have an opening of at least 3 feet. This issue has come up in a few building permits over the last year. 3. STAFF RECOMMENDATION: Staff recommended the zoning code text amendment to align with the building code. Staff recommended the Planning Commission hold the public hearing and take all comments. Staff recommended that the Planning Commission approve the text amendment for exceptions to yard regulations related to window wells/egress windows. 4. PLANNING COMMISSION RECOMMENDATION: The Planning Commission voted unanimously to recommend that the City Council approve the text amendment for yard regulations related to window wells/egress windows. Attachments: 1. Red-lined Text Amendment 2. Ordinance G.11 Created: 2024-04-11 13:47:58 [EST] (Supp. No. 34) Page 1 of 1 Sec. 90-47. Exceptions to yard regulations. Measurements for yard regulations shall be taken from the nearest point of the wall of a building to a lot line in question, subject to the following qualifications: (1)Canopies, air conditioners, cantilevers, chimneys, cornices, eaves, flues, window wells, and bay windows may extend into: a.The required minimum front yard a distance not to exceed four feet, six inches; b.The required minimum side yard a distance not exceeding three feet, inclusive of rain gutters and other such appurtenances; (2)Fire escapes may extend into the required front yard a distance not exceeding four feet, six inches; (3)A landing place, deck, or porch may extend into the required front yard a distance not exceeding six feet, if the landing place or porch has its floor no higher than the entrance floor of the building. An open railing may be placed around such place; (4)The architectural features enumerated in subsection (3) of this section may also extend into any side or rear yard to the same extent, except that no porch, deck, terrace, or outside stairway shall project into the required side yard; (5)On double frontage lots, the required front yard shall be provided on both streets; (6)The required front yard of a corner lot shall not contain any wall, fence, or other structure, tree, shrub, or other growth, which may cause danger to traffic on a sidewalk, street, or public road by obscuring the view; (7)The required front yard of a corner lot shall be unobstructed above a height of three feet in a triangular area, two sides of which are the lines running along the side street lines between the street intersection, at the curb, and a point 30 feet from the intersection and the third side of which is the line between the latter two points. (Prior Code, § 1010-110.1) ORDINANCE 2024____ AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 90, ARTICLE II, SECTION 90-47 EXCEPTIONS TO YARD REGULATIONS THE CITY OF HUGO ORDAINS: SECTION 1. Amend. The City Council of the City of Hugo does hereby amend Chapter 90, Article ii, to amend Section 90-47, of the Hugo City Code pertaining to EXCEPTIONS TO YARD REGULATIONS (1)(b) to state the following: b. The required minimum side yard a distance not exceeding three feet, inclusive of rain gutters and other such appurtenances; SECTION 2. Effective Date. This Ordinance shall be in full force and effect from and after its adoption and publication according to law. ADOPTED by the City Council this 5th day of August, 2024. ______________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk WASHINGTON COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) COOPERATION AGREEMENT THIS AGREEMENT is made and entered into under the auspices of MINN. STAT. §471.59 and in furtherance of the requirements of the federal Community Development Block Grant (CDBG) program and HOME Investment Partnerships Program by and between the County of Washington, State of Minnesota (County) and the City of Hugo, hereinafter referred to as “Cooperating Community”, both parties being governmental units of the State of Minnesota. WITNESSETH: WHEREAS, Title I of the federal Housing and Community Development Act of 1974 as amended provides for a program of community block grants to urban counties as that term is defined in the Act; and WHEREAS, Washington County, Minnesota meets the criteria of urban county and is eligible to receive CDBG funds; and WHEREAS, 24 C.F.R. §570.105 establishes the program qualification of an urban county as a county having a certain threshold population which is the combination of the population of unincorporated areas, plus the population of participating incorporated areas; and WHEREAS, in order to be considered a participating incorporated area under the above definition, the County must enter into cooperative agreements to undertake or to assist in the undertaking of essential activities pursuant to the CDBG Program and the HOME Investment Partnerships Program; and WHEREAS, it is in the interest of the Cooperating Community to have its population counted together with other municipalities of Washington County in order to be able to participate in these federal programs; and WHEREAS, the Mayor of the Cooperating Community is authorized to execute this Agreement on the Cooperating Community’s behalf; and WHEREAS, the Chair of the Washington County Board of Commissioners and County Administrator are authorized to execute this Agreement on the County’s behalf. NOW, THEREFORE, in consideration of the mutual covenants and promises contained herein, the parties mutually agree to the following terms and conditions: I.DEFINITIONS For purposes of this Agreement, the terms defined in this section have the following meaning: A.“The Act” means the Housing and Community Development Act of 1974, Title I, of Public Law 93- 383, as amended (42 U.S.C. 5301, et seq.). B.“Regulation” means the rules and regulations promulgated pursuant to the Acts, including but not limited to 24 C.F.R. Part 570. C.“HUD” means the United States Department of Housing and Urban Development. D.“Cooperating Community” means any city or township in Washington County which has entered into this Agreement or one which is identical. E.“CDBG Program” means federal program instituted under 42 U.S.C. §5301, et seq. as amended. F.“HOME Investment Partnership Program” means the federal program instituted under Title II of the Cranston-Gonzales National Affordable Housing Act, 42 U.S.C. §12701 et seq. as amended. The definitions herein contained in 42 U.S.C. §5302 and 24 C.F.R. 5703, as amended are incorporated herein by reference and made a part hereof. II. PURPOSE The Cooperating Community and the County have determined that it is desirable and in the interests of the citizens that the County qualify as an urban county within the provisions of the Act. This Agreement contemplates that identical agreements will be executed between the County and other cities and township within the County, thus enabling the County to qualify under the Act. The purpose of this Agreement is to authorize the County to participate with the Cooperating Community in undertaking or to assist in undertaking essential community development and housing assistance activities pursuant to the CDBG Entitlement Program and the HOME Investment Partnership Program. III. TERM OF AGREEMENT This Agreement shall remain in effect for the three-year program period of Federal Fiscal Years 2025 through 2027 (October 1, 2024 – September 30, 2027) and until funds granted and program income received during the three-year program period are expended and the funded activities completed. Neither the County nor the Cooperating Community may terminate, withdraw, or be removed from the program during the three-year program period. This Agreement will renew automatically for participation in successive three-year Urban County qualification periods, unless the Cooperating Community or the County provide written notice to the other party that it elects not to participate in a new qualification period. The terminating party shall send a copy of the notice of termination to the HUD field office by the date specified in HUD’s Urban County Qualification Notice. The County will notify the Cooperating Community in writing of the Cooperating Community’s right to make this election. A copy of the County's notification must be sent to the HUD field office by the date specified in the Urban County Qualification Notice. The Parties agree to adopt amendment(s) to this Agreement as may be required by HUD to meet any new Urban County Qualification requirement(s) for subsequent qualification cycles, when applicable. Failure by either Party to adopt any such amendment, and to submit such amendment to HUD, will void the automatic renewal of such qualification period. IV. MODIFICATIONS Any material alteration, modification, variations, or additional tasks to this Agreement shall be reduced to writing as an amendment and signed by the parties. V. METHOD The Cooperating Community expressly agrees that it will undertake or assist in undertaking community renewal and lower income housing assistance activities, specifically urban renewal and publicly assisted housing. The County shall prepare and submit to HUD and appropriate reviewing agencies, all necessary applications for a basic grant amount under the CDBG and HOME requirements. In making the application, the County shall address the goals and needs of County as developed in meetings between the Community, its citizens, and the County, and also addressing the Act and other relevant Minnesota and/or federal statutes and regulations. The parties agree to cooperate fully in establishing priorities and in preparation of the application for a basic grant amount. The Cooperating Community and the County agree that the County shall establish a reasonable time schedule for the development of the grant application. It is anticipated by the parties that the party ultimately implementing a project funded by monies received from the grant may be either the Cooperating Community, or the County. The determination of which party will implement the project will be made by the parties after consideration of the nature and scope of the project, and the ability of each party to undertake the project, though it is understood by the Cooperating Community that the County shall have final responsibility for selecting projects and filing annual grant requests. The County is hereby authorized to distribute to the Cooperating Community such funds as are determined appropriate for the Community to use in implementing a project and the County is hereby authorized to undertake projects within the Cooperating Community as are determined appropriate for the County to undertake. Contracts awarded and purchased made pursuant to a project under this Agreement shall conform to Minnesota statute and to the requirements of the entity undertaking the project. VI. SPECIAL PROVISIONS A. Nothing in this Agreement is intended to prevent or otherwise modify or abrogate the right of the Cooperating Community or the County to submit individual applications for discretionary funds in the event County does not receive designation as an urban county entity under the Act. B. In the event that there is a revision of the Act and/or Regulation which would make this Agreement out of compliance with the Act or Regulation, both parties will review this Agreement and renegotiate those items necessary to bring the Agreement into compliance. C. Both parties understand and agree that the refusal to renegotiate this Agreement in order to bring it into compliance will void any renewal of the Agreement for subsequent qualification periods. D. All funds received by the county under the Act shall be deposited in the County treasury. E. The Cooperating Community and the County shall maintain financial and other records and accounts in accordance with requirements of the Act and Regulation. Such records and accounts will be in such form as to permit reports required of the County to be prepared therefrom and to permit the tracing of grant funds and program income to final expenditure. F. The Cooperating Community and the County agree to make available all records and accounts with respect to matter covered by this Agreement at all reasonable times to their respective personnel and duly authorized federal officials. Such records shall be retained as provided by law, but in no event for a period of less than three years from the date of completion of any activity funded under the Act or less than three years from the last receipt of program income resulting from activity implementation. The County shall perform all audits of the basic grant amounts and resulting program income as required under the Act and Regulation. The participating municipalities and the County shall maintain and share between themselves all the necessary and sufficient records for review and audit that pertain to the implementation of the activities described herein, and as required by HUD. G. Pursuant to 24 CFR 570.501(b), the parties mutually agree that the Cooperating Community is subject to the same requirements appliable to the subrecipients, including the requirement of a written agreement described in 24 CFR 570.503 and 2 CFR part 200 H. Both the County and Cooperating Community must take all actions necessary to assure compliance with the County’s certification under Section 104(b) of Title I of the Housing and Community Development Act of 1974, as amended, that the grant will be conducted and administered in conformity with Title VI of the Civil Rights Act of 1964, and the implementing regulations at 24 CFR Part 1, and the Fair Housing Act, and the implementing regulations at 24 CFR Part 100, and will comply with the obligation to affirmatively further fair housing. The Parties shall comply with Section 109 of Title I of the Housing and Community Development Act of 1974, and the implementing regulations at 24 CFR Part 6, which incorporates Section 504 of the Rehabilitation Act of 1973, and the implementing regulations at 24 CFR Part 8, Title II of the Americans with Disabilities Act of 1974, and the implementing regulations at 28 CFR Part 35, the Age Discrimination Act of 1975, and the implementing regulations at 24 CFR Part 146, and Section 3 of the Housing and Urban Development Act of 1968, and all other applicable laws and regulations. The Parties agree that Urban County funding in no event will be used for activities in, or in support of, any cooperating unit of general local government that impedes the County's actions to comply with the County's fair housing certification and duty to affirmatively further fair housing. This provision is required because noncompliance by a Cooperating Community may constitute noncompliance by County that can, in turn, provide cause for funding sanctions or other remedial actions by the Department. I. The County and the Cooperating Community have adopted and are enforcing: 1. A policy prohibiting the use of excessive force by law enforcement agencies within its jurisdiction against any individuals engaged in nonviolent civil rights demonstrations. 2. 2. A policy of enforcing applicable State and local laws against physically barring entrance to or exit from a facility or location that is the subject of non-violent civil rights demonstrations within its jurisdiction. J. 42 U.S.C. §12701. The Cooperating Community acknowledges that by executing this Agreement it may not apply for grants from appropriations under the Small Cities or State Community Development Block Grant Programs for FFY 2025-2027 of the current qualifying period, and any successive qualifying period covered by this Agreement. The Cooperating Community further acknowledges that for FFY 2025-2027 of the current qualifying period and any successive qualifying period covered by this Agreement, it may receive a formula allocation under the HOME Program (42 U.S.C. §12701 et seq. and regulations promulgated thereto) only through the County and is precluded from forming a HOME Consortium for participation in the HOME Program, except through the County. K. Parties to this Agreement understand and agree that they may not sell, trade, or otherwise transfer all or any portion of CDBG funds to a Metropolitan City, Urban County, unit of general local government, or insular area that directly or indirectly receives CDBG funds in exchange for any funds, credits, or non Federal considerations, but must use such funds for activities eligible under Title I of the Housing and Community Development Act of 1974, as amended. L. The Cooperating Community shall comply with all applicable Federal law, State statutes, Federal and State regulations, and local ordinances now in effect or adopted during the performance of the services herein until completion of said services. M. All data collected, created, received, maintained, or disseminated for any purpose by the activities of the Cooperating Community, because of this Agreement shall be governed by the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13 (Act), as amended and the Rules implementing the Act now in force or as amended. The Cooperating Community is subject to the requirements of the Act and Rules and must comply with those requirements as if it is a governmental entity. The remedies contained in section 13.08 of the Act shall apply to the Cooperating Community. N. Audits: Pursuant to Minn. Stat. section 16C.05 subd. 5, the Cooperating Community will: • Maintain all books, records, documents, and accounting procedures and practices that are related to and/or relevant to this Agreement or transaction. • Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to and the right to examine, audit, excerpt, and transcribe any books, records, documents, and accounting procedures and practices that are related to and/or relevant to this Agreement or transaction. The Cooperating Community agrees to maintain these records for a period of six (6) years from the date of the termination of this Agreement. O. The Cooperating Community agrees it will defend, indemnify, and hold harmless the County, its officers and employees against any and all liability, loss, costs, damages, and expenses which the County, its officers, or employees may hereafter sustain, incur, or be required to pay arising out of the negligent or willful acts or omissions of the Cooperating Community in the performance of this Agreement. P.The Cooperating Community agrees that in order to protect itself, as well as the County, under the indemnity provisions set forth above, it will at all times during the term of this Agreement, keep in force the following insurance protection in the limits specified: •Commercial General Liability with Contractual liability coverage in the amount of $1,500,000 per occurrence with a $3,000,000 aggregate. An excess or umbrella liability policy may be used in conjunction with primary coverage limits to meet the minimum limit requirements. •Professional Liability coverage in the amount of $2,000,000 per wrongful act or occurrence with a $4,000,000 annual aggregate. •Cyber Liability coverage in the amount of $2,000,000 per wrongful act or occurrence with a $4,000,000 annual aggregate. •Automobile coverage in the amount of $1,500,000 on a combined single limit basis and include hired and non-owned. •Worker’s Compensation in statutory amount (if applicable) of bodily injury by accident in the amount of $500,000 each accident, bodily injury by disease in the amount of $500,000 each employee, and bodily injury by disease in the amount of $500,000 policy limit. Washington County shall be listed as additional insured as it relates to Commercial General Liability and Automobile Liability. Prior to the effective date of this Agreement, the Cooperating Community will furnish the County with a current and valid proof of insurance certificate indicating insurance coverage in the amounts required by this Agreement. This certificate of insurance shall be on file with the County throughout the term of the Agreement. As a condition subsequent to this Agreement, Cooperating Community shall ensure that the certificate of insurance provided to the County will at all times be current. The parties agree that failure by the Cooperating Community to maintain a current certificate of insurance with the County shall be a substantial breach of the Agreement and payments on the Agreement shall be withheld by the County until a certificate of insurance showing current insurance coverage in amounts required by the Agreement is provided to the County. Any policy obtained and maintained under this clause shall provide that it shall not be cancelled, materially changed, or not renewed without thirty days’ notice thereof to the County. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed. THE REMAINDER OF THIS PAGE INTENTIALLY LEFT BLANK. WASHINGTON COUNTY, MINNESOTA By: Stan Karwoski, Chair Board of Washington County Commissioners Date: By: Kevin Corbid Washington County Administrator Date: Approved as to form: By: _____________________ Susan TiceAssistant County AttorneyDate: ___________________ City of Hugo By: Its: Date: And: Its: Date: CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Sale of Miscellaneous Equipment DATE: For the City Council Meeting of August 5, 2024 BACKGROUND Public Works and Fire Department staff are requesting City Council approval for the sale of several pieces of City equipment that are no longer of service to the departments. Some of this equipment has been replaced and new equipment is already in service, other pieces are just simply no longer used and have been stored at Public Works and the Fire Hall. Public Works staff would like to utilize an online auction service to facilitate the sale of this equipment. The following is a partial list of equipment that staff would like to sell using an online auction site: • 1997 Jeep Wrangler grass fire rig • 2006 Chevrolet 1500 pickup truck • 2006 Chevrolet 2500HD Pickup truck w/lift gate and plow • 2006 Wacker asphalt roller • Skid Steer cutter attachment • 2005 Step asphalt trailer • 30 gallon air compressor • Isulation vacuum and attachments • Brushcat rotary mower attachment for skid steer • Miscellaneous PW parts and tools no longer used • Miscellaneous FD parts and tools no longer used Please contact me for a complete list of items to be sold at auction. DESIRED ACTION Staff is requesting Council authorization to move forward with the sale of surplus equipment using an online auction format. Agenda Number: G.14 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Fenway Land Company – PUD Amendment, Site Plan, Preliminary Plat, Final Plat, and Development Agreement for an apartment development to be known as “Oneka Fields” DATE: July 26, 2024, for the City Council meeting of August 5, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) DEADLINE DATE: August 26, 2024 (60-days) 1. PLANNING COMMISSION UPDATE: At its July 25, 2024, meeting the Planning Commission held a public hearing and considered the request. There were three residents that spoke during the public hearing. The speakers stated they did not oppose the project, however, there concerns about traffic, screening, and how the renters were vetted by the owner. Goodview Avenue is a collector road and is designed and has the capacity to handle traffic from the apartments. The applicant agreed to include additional landscaping on the south and east side of the parcel. The applicant stated that the apartment will have a management company that will vet the rental applicants. The Planning Commission thought the project was compatible with the area and met the comprehensive plan and zoning requirements. They unanimously recommended approval of the PUD amendment, preliminary plat, and site plan for the Oneka Fields development. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of the following requests: Page 2 • A PUD amendment to The Shores of Oneka Lake PUD plan to include the subject property. The property is Outlot C, The Shores of Oneka Lake. • A preliminary plat and final plat for 5 - 12 unit apartment buildings on one lot. • A site plan 5 - 12 unit apartment buildings and associated improvements. 3. CONTEXT: A. Surrounding land Use and Zoning The other additions to The Shores of Oneka Lake PUD lie to the south and east of the site. The properties to the west are zoned PUD and General Business (C-2) and are vacant and include businesses. The property to the north is zoned Single Family Detached Residential (R-3) and is vacant. B. Natural Characteristics of Site The property is generally flat and does not include any wetlands. It has a small portion of floodplain along the ditch to the south and east. C. Environmental Assessment Worksheet (EAW) Due to the size of the project, the previous applicant was required to complete an Environmental Assessment Worksheet (EAW) for the proposed development on this site. The purpose of the EAW is to identify potential environmental impacts for a specific development and to determine whether or not a more extensive Environmental Impact Statement (EIS) is required. Environmental impacts include impacts to surface waters, natural areas, utilities, transportation systems, historic sites, noise impacts, etc. The EAW for the proposed development of this site was completed in February 2006 and distributed to various agencies for public comment. The City Council reviewed the EAW and the comments received at their May 1, 2006 meeting and determined that an EIS was not needed for the project. Since this plan is similar, but smaller, a new EAW will not be required. However, as this project progresses, staff will need to ensure that the assumptions of the EAW are still valid. 4. ANALYSIS: A. Level of Discretion in Decision Making The City has relatively high level of discretion in approving a PUD. A PUD must be consistent with the City’s comprehensive plan. The City may impose reasonable requirements in a PUD not otherwise required if the City deems it necessary to promote the general health, safety, and welfare of the community. Page 3 The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the subdivision regulations in the City Code. If it meets these standards, the City must approve the preliminary plat. The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. B. Consistency with Ordinance Standards Planned Unit Development (PUD) Amendment and Site Plan In May of 2022, the City Council approved a PUD general plan for The Shores of Oneka Lake. The approved plan included 218 residential lots. The housing types are proposed to be a combination of single family homes, villa homes, and twinhomes. Recently, there was a PUD amendment to change some of the undeveloped twinhome lots in the carriage home lots, which are a detached residential product. This brought the approved total residential units to 219. The PUD general plan showed a concept of this property that included 100 units of apartments. The apartment units were not formally approved at that time, since the developer did not have final plans for the apartments. It was noted that a PUD amendment and PUD final plan would need to be reviewed and approved, with a public hearing, prior to development of the property for apartments. The proposal for Oneka Fields includes a five apartment buildings with 12 apartment units in each building. This is a total of 60 apartment units. This will bring the total units for The Shores of Oneka Lake PUD plan to 279 units. The project will be managed and maintained with services such as lawn care and snow removal. The project will be served and provided access from private driveways. The plan includes a good land use transition from the other development additions with the location of the ditch and stormwater ponds. Density The PUD ordinance allows for internal transfer of density and a variety of land uses for a planned development project. The applicant is proposing a mix of single family, villa, carriage, twinhome, and apartment units in the development with the PUD amendment. The maximum development density for a PUD in the zoning district is 4 units per 1 acre. The applicant is proposing a residential net density of 2.75 units per 1 acre, which fits the requirements of a PUD. This is calculated for The Shores of Oneka overall PUD general plan. The proposed density meets the ordinance standards. Page 4 Lot and Building Standards The applicant is proposing the following setbacks: Minimum building setback from street right-of-way 25 feet Minimum building setback from private driveway 20 feet Minimum building setback from exterior property lines 15 feet Minimum setback between buildings 60 feet Minimum parking setback from street right-of-way 10 feet Maximum building height 35 feet Minimum lot area to be covered by impervious surface 52% Development Phasing The developer is proposed to construct the buildings at the same time to be completed in 2025. Landscaping/Signage/Lighting Section 90-272 of the Hugo City code requires that all for apartment construction, all areas not covered by building, parking, driveways, or impervious storage areas shall be landscaped and maintained in accordance with Section 90-181. Section 90-181 outlines those landscaping requirements. The ordinance requires 60 deciduous trees, 60 coniferous trees, 47 ornamental trees, and 235 shrubs. The applicant is exceeding the landscape requirements for the project. The applicant is showing the parking areas and greenspaces to be landscaped. In addition the applicant is showing a landscaped location for a monument sign at the entrance of the project. A sign application shall be reviewed and approved by staff prior to installation. The plan shows location for lighting for the project. The lighting generally meet the ordinance standards, however a final plan shall be reviewed and approved by staff. Park Dedication/Openspace With The Shores of Oneka PUD general plan the project dedicated land and fee to satisfy the park dedication requirements. The land dedicated is the upland areas of Outlot G along Oneka Lake, which now includes a public trail. The proposed land dedication of 3.89 acres satisfied 40.5% of the requirement. The remaining would be satisfied with payment of 59.5% of the fee ($3,400 per unit). The fee for each unit is $2,023 totaling $121,380. Page 5 This development is in Neighborhood Park Service Area 10 which is served by Oneka Lake Park, the future park currently called the Bernin Property and the public boat launch on Oneka Lake. Oneka Lake Park and the Bernin Property are immediately south of the development. The previous park dedication expands the city park properties and provide opportunities for a more expansive open space and trail network. The Parks Commission anticipates additional planning of the park properties as this property develops. The developer is also providing a recreation area for the apartment residents as required by ordinance. The area includes, landscaping, picnic tables, benches, and playground equipment. Streets/Access The roundabout at TH 61 and 159th Street will serve as the primary access for the development and is open to traffic as of late last fall. Two access points into the site are proposed with one being located on 159th Street and the other being located on Goodview Avenue. Minor modifications along with signage comments have been requested as part of the plan comment process. Parking The City Code requires two spaces per unit plus one stall per five units. The site plan shows single stall garages for each unit. The applicant has indicated that one parking stall per unit would be provided in the garage and a second in the driveway. Driveways are required to be a minimum of 22 feet long and must be dimensioned on the plans. Additionally, 24 guest parking stalls are provided where 12 are required. This meets the ordinance requirements for number of units. No parking will be allowed on the private drives and the apartment contracts should include language to this effect. As noted in the Multi-Family Development Design Guidelines, garages should remain open for vehicle parking and the contracts should address that as well. Sidewalks and Trails The trail along 159th Street will be extended to the north with the development. Staff recommends the developer evaluate whether internal sidewalks should be provided for the development. Grading, Drainage, and Water Re-use As part of the Shores of Oneka Lake development, the planned stormwater management for this site was accommodated already in the development. We have confirmed the assumptions for the site at the time of initial design are in accordance with current plans. In fact, the site contains less impervious coverage than previously anticipated. The site is meeting water quality Page 6 requirements primarily through water reuse for onsite irrigation. The applicant will need to submit the water reuse plans for the development for review. The retaining wall proposed will be the responsibility of the development without City maintenance responsibilities. Utilities The sanitary sewer and watermain will be connected to stubs provided in a previous phase of this development. The construction plans correctly show a watermain being extended along 159th Street. Watermain is also looped through the development from Goodview Avenue to the watermain constructed within 159th Street. Wetlands There are no wetland on the property. Management of the Apartments A management company is proposed for the development. The developer is responsible to own/operate/maintain community areas, landscaping, retaining walls, and the water re-use system. The management company should also provide for restrictions on outdoor storage, parking (no boats, campers, or trailers) in order to keep the community looking orderly and well maintained. Building Architecture and Materials All apartments are required to comply with the City of Hugo Multi-Family Development Design Guidelines adopted December 19, 2005. The general intent of the design guidelines is to improve the overall quality of development and to avoid monotony in new developments. The applicant has provided architectural elevations of the buildings and an electronic material sample board to show the type, color, and materials used in all proposed external surfaces. The buildings are two-story and meet the building height requirements. As proposed, the development generally meets the design guidelines: • Building Mass: Units should be articulated to break up the building mass. Rooflines and building faces should be broken up at least every 50 feet. The buildings are well-designed with good articulation to the building face to provide interest and variety. The roofline is broken up by gables and dormers. • Monotony: to the extent possible, developments should limit the number of units that are adjacent to each other with the same color, materials or design. Page 7 The developer is showing all five buildings with the same exterior. The materials are a mixed of lap and board and batten vinyl siding in white and grey, with grey stone and white flat panel accents. Staff encourages the applicant to expand the palette and provide additional colors to for variety to eliminate monotony within the project. • Four-sided design: Buildings are required to be designed in a manner where they look like the same building on all sides. The applicant is proposing a building that has been designed in a manner so that all sides of the building look generally the same. There are no unfinished sides. Each elevation contains doors, windows, and gables. Additionally, material treatments are applied to all four sides equally. • Building materials and design: Buildings are required to be constructed of high-quality materials and a variation of building materials and accent materials are to be used. The design guidelines require at least 25% of the building to be higher quality materials (other than lap siding). The plan shows approximately 10% stone on the front and rear elevations and 10% stone on the side elevations. Staff recommends the applicant meet the intent of the guidelines by adding stone to each elevation of the buildings. The plans do not show downspouts or gutters. These must be designed integral to the building and must be submitted for review and approval by staff. Final color palettes, physical material samples, and revised building elevations shall be reviewed and approved by staff prior to the issuance of a building permit. Preliminary Plat and Final Plat Lot Size The preliminary plat and final plat will be one lot for all of the units for the buildings. Drainage and Utility Easements Drainage and utility easements for the sanitary sewer and watermain are shown correctly on the plans. 5. CONCLUSION: Staff has reviewed the PUD amendment, site plan, preliminary plat, final plat, development agreement and for consistency with the standards outlined in the City Code and finds that the application is consistent with all the standards. Page 8 6. STAFF RECOMMENDATION: Staff recommends approval of the PUD amendment, site plan, preliminary plat, final plat, development agreement, subject to the conditions listed in the resolution. 7. PLANNING COMMISSION RECOMMENDATION: The Planning Commission thought the project was compatible with the area and met the comprehensive plan and zoning requirements. They unanimously recommended approval of the PUD amendment, preliminary plat, and site plan for the Oneka Fields development. ATTACHMENTS: 1. Location map 2. Resolution 3. Engineers Memo dated July 22, 2024 4. Applicants Narrative 5. Previously Approved Preliminary Plat Showing Concept of Apartments 6. Oneka Fields – Development Plans and Final Plat 7. Apartment Architectural Elevations RESOLUTION 2024-____ APPROVING PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT, SITE PLAN, PRELIMINARY PLAT, FINAL PLAT AND DEVELOPMENT AGREEMENT FOR “ONEKA FIELDS” APARTMENTS WHEREAS, Fenway Land Company has requested approval of a PUD amendment, site plan, preliminary plat, final plat, and development agreement to allow construction of 60 apartment units in five buildings on property legally described as: Outlot C, The Shores of Oneka Lake WHEREAS, the request is for a PUD amendment to The Shores of Oneka Lake PUD General Plan; WHEREAS, the Planning Commission has reviewed said PUD amendment at a duly called Public Hearing on July 25, 2024, and recommends approval subject to the conditions listed; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Fenway Land Company for the PUD amendment, site plan, preliminary plat, final plat and development agreement, subject to the following conditions: 1. A PUD amendment is approved to allow the construction of 60 apartment units in five buildings on one lot, in accordance with the application and plans received on June 7, 2024, and revisions received on June 27, 2024, except as amended by this resolution. 2. The plans must comply with The Shores of Oneka Lake PUD approvals in Resolution 2022-32, except as amended by this resolution. 3. The plans must be revised to comply with the City Engineer’s memo dated July 22, 2024, and redlines comments provided to the applicant. 4. Prior to the installation of any signs, the developer shall obtain a sign permit. 5. The developer is responsible for obtaining all local, State, and Federal permits. 6. The PUD amendment includes approval of the following building setbacks: Minimum building setback from street right-of-way 25 feet Minimum building setback from private driveway 20 feet Resolution 2024-____ Page 2 Minimum building setback from exterior property lines 15 feet Minimum setback between buildings 60 feet Minimum parking setback from street right-of-way 10 feet Maximum building height 35 feet Minimum lot area to be covered by impervious surface 52% 7. Guest parking shall comply with the Americans with Disabilities Act as may be applicable. 8. No parking will be allowed on the private drives. 9. The private drives must comply with City standards for private drives. 10. The plans must be revised to show snow storage areas on the plans. 11. No signage is proposed at this time. Should signage be desired, the applicant must apply for a sign permit with details ensuring compliance with ordinance requirements. 12. The developer is responsible to construct/own/operate/maintain community areas, landscaping, retaining walls, and the water re-use system. 13. With The Shores of Oneka PUD General Plan the project dedicated land and fee to satisfy the park dedication requirements. The land dedicated is the upland areas of Outlot G along Oneka Lake. The proposed land dedication of 3.89 acres satisfied 40.5% of the requirement. The remaining would be satisfied with payment of 59.5% of the fee ($3,400 per unit) which totals $441,014. The fee for each unit is $2,023. Prior to issuance of building permits: 14. Final Plat and Development Agreement shall be executed and recorded. 15. All development fees shall be paid. 16. The architectural plans must be revised to address the following: a. Final elevations of the buildings shall be reviewed and approved by staff prior to the issuance of a building permit. b. The applicant shall add stone to meet the intent of the Multi-Family Design Guidelines. c. The applicant shall expand the color palette to provide additional colors for the buildings to eliminate monotony within the development. The applicant will work with staff to finalize the design and color palette. d. The applicant shall provide a final color palette and physical material sample for City review and approval. Resolution 2024-____ Page 3 e. All ground-level mechanical units shall be low profile and located to the side or rear of the building and shall be screened from view of adjacent properties. f. The gutters and drainpipes shall be integrated into the building design and shall be reviewed and approved by staff. 17. The landscape plan shall be revised to include additional coniferous trees along the south and east property lines. 18. The lighting plan must be updated and submitted for review and approval by City staff. The developer shall provide cut-sheets for the pole and wall mounted light fixtures and they will need to be reviewed and approved by staff. Shields shall be added to the lights to reduce glare. 19. The developer shall provide the City with a copy of the draft apartment agreement or similar document. The document should address the following: a. No parking shall be allowed on the private drives. b. Private garages should remain open for vehicle parking. c. Trash and recycling will be individual unit containers and the contract will be managed by the apartment manager. 20. Geometrics and turning movements in the development shall be reviewed and approved by staff. 21. The applicant shall review if internal sidewalks can be added to the plans. ADOPTED by the City Council this 5th day of August, 2024. _____________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 22, 2024 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Oneka Fields Final Plat Review WSB Project No. 025586-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Shores of Oneka Lake 4th Addition. We have reviewed the following information related to this application: • Oneka Fields Final Plat, by Carlson McCain • Oneka Fields Sanitary Sewer, Watermain, Storm Sewer, and Street Construction Plans dated June 7, 2024. • Oneka Fields Hydrology Memo, by Carlson McCain, dated 6/7/2024 • Oneka Fields turning movements for fire truck access, by Carlson McCain, dated 06/27/24. Based on the review of the documents, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located east of Highway 61 at the intersection of 159th Street and Goodview Avenue, adjacent to the Shores of Oneka Lake development. 2. The roundabout at TH 61 and 159th Street will serve as the primary access for the development and is open to traffic as of late last fall. 3. 159th Street will be extended from Goodview Avenue to the north plat line. 159th Street will be constructed to a width of 32-ft face of curb to face of curb and include an 8-ft trail along the east side, consistent with the portion of 159th Street already constructed. 4. Two access points into the site are proposed with one being located on 159th Street and the other being located on Goodview Avenue. Minor modifications along with signage comments have been requested as part of the plan comment process. 5. The retaining wall proposed will be the responsibility of the development without City maintenance responsibilities. Utility Plan 6. An 8” sanitary sewer will be extended along 159th Street North from an existing sanitary sewer stub extended from the intersection of Goodview Avenue North and 159th Street. An 8” sanitary sewer will also be extended from the stub previously extended from Goodview Avenue into and throughout the Oneka Fields site to provide service to the five buildings. 7. The construction plans correctly show an 8” watermain being extended along 159th Street. Watermain is also looped through Oneka Fields from Goodview Avenue to the watermain constructed within 159th Street. 8. The sanitary sewer will be connecting into an 8” sanitary sewer stub provided in a previous phase of this development. Ms. Rachel Juba July 22, 2024 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\The Shores of Oneka Lake\Oneka Fileds_PUD Amendment and Apartment Site Plan\Engineers Memo and Comments\Engineers Memo Oneka Fields Apartments - 07.22.24.docx 9. Drainage and utility easements for the sanitary sewer and watermain are shown correctly on the plans. Stormwater Management 10. As part of the Shores of Oneka Lake development, the planned stormwater management for this site was accommodated in the original design. We have confirmed the assumptions for the site at the time of initial design are in accordance with current plans. In fact, the site contains less impervious coverage than previously anticipated. The site is meeting water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by the stormwater ponds previously constructed as part of the Shores of Oneka Lake Development. 11. The site meets rate control requirements through the stormwater ponds within the overall development. 12. The applicant will need to submit the water reuse plans for the development for review. 13. Detailed redline comments have been provided to the applicants engineer related to storm sewer layout, public vs. private ownership, and maintenance responsibilities. Wetlands 14. No wetland impacts are proposed with the Oneka Fields development. Thank you for the opportunity to provide comments on this project. Additional detailed, red-lined comments for streets and utilities have been provided to the applicant’s engineer. W e will have meetings to discuss how they propose to modify the plans. These minor comments will need to be addressed prior to approval of the construction plans. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Brian Krystofiak, Carlson McCain (email only) The Shores of Oneka Lake PUD General Plan Oneka FieldsHugo, MinnesotaKnow what'sbelow.before you dig.CallR VICINITY MAP SITECOVER1BENCHMARKSFENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\engineering\prelim plans\8869-04_cover.dwgSave Date:06/07/245Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota06/07/24KRO06/07/24Brian J. Krystofiak, P.E.25063BJK#8869-04T H E S H O R E S OF O N E K A L A K E1 S T A D D I T I O N T H E S H O R E S O F O N E K A L A K E 1 S T A D D I T I O N OWNER:OWNER:OWNER:OWNER:159THSTREET NORTHGOODVIEWAVENUE NORTHf:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\survey\pre-plat\8869-04_xcon-pre plat.dwgSave Date:06/06/24FENWAY LAND COMPANY13925 Fenway Boulevard N.Hugo, Minnesota 55038ofONEKA FIELDSHugo, MinnesotaEXISTING CONDITIONS -PRELIMINARY PLATThomas R. Balluff, L.S.I hereby certify that this survey, planor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #: 6/07/2440361DRAWN BY:ISSUE DATE:FILE NO:Revisions:52bjs6/07/24883 SITE DATA ONEKA FIELDSLEGENDBENCHMARKS PRELIMINARY SITE &UTILITY PLANSITE PLAN LEGEND3FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\engineering\prelim plans\8869-04_site&util.dwgSave Date:06/07/245Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota06/07/24KRO06/07/24Brian J. Krystofiak, P.E.25063BJK#8869-04BENCHMARKST H E S H O R E S OF O N E K A L A K E1 S T A D D I T I O N T H E S H O R E S O F O N E K A L A K E 1 S T A D D I T I O N FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\engineering\prelim plans\8869-04_gr.dwgSave Date:06/07/245Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota06/07/24KRO06/07/24Brian J. Krystofiak, P.E.25063BJK#8869-04GRADING, DEVELOPMENT& EROSION CONTROL PLAN4BENCHMARKST H E S H O R E S OF O N E K A L A K E1 S T A D D I T I O N T H E S H O R E S O F O N E K A L A K E 1 S T A D D I T I O N FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\engineering\prelim plans\8869-04_detail.dwgSave Date:06/06/245Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota06/07/24KRO06/07/24Brian J. Krystofiak, P.E.25063BJK#8869-045DETAILSFRAMECURBFRAME T H E S H O R E S OF O N E K A L A K E1 S T A D D I T I O N T H E S H O R E S O F O N E K A L A K E 1 S T A D D I T I O N 3BF7WP6WO3WP4HL3RM3RM3PD12BF1CA3SB3SB1CA8BH4HL1CA3PD5WP2RB3WP8FM4CA3KC2JL3BL3AE1JL2SB3SB2CA1SB1JL3WP1CA3RB2SB1CA3WP13BH3BL3KC1JL1SB2SB2JL3KC2JL3BL3AE2SB1JL1SB3ROPRELIMINARYLANDSCAPE PLANL1FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\landscape\8869-04_landscape.dwgSave Date:06/07/24Revisions:#8869-044Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/07/24RJR06/07/24Ryan J. Ruttger, RLA56346RJRKnow what'sbelow.before you dig.CallR 2KFG2KFG1CWH4LLA4LLA4ABH2YEW2KFG4ABH5SCS3RTD3KFG6WLC4LRS5SCS2KFG3RTD3KFG6WLC4LRS2JLG4DLB1DBH2PDS2BCB4KFG2BCB4KFG2PDS4DLB1DBH2JLG4PDS4PDS4DLB1DBH2JLG4DLB1DBH2JLG4SSC4SSC4LRS3KFG6WLC1MKL2JSG2LLA2KFG3SCS5SPG3KFG4LRS6WLC2LLA2JSG1MKL2KFG5SPG3SCS2JSG2KFG4LLA4LLA4ABH2KFG4ABH5SCS3RTD3KFG6WLC4LRS5SCS2KFG3RTD3KFG6WLC4LRS2JLG4DLB1DBH2PDS2BCB4KFG2BCB4KFG2PDS4DLB1DBH2JLG4PDS4PDS4DLB1DBH2JLG4DLB1DBH2JLG4SSC4SSC4LRS3KFG6WLC1MKL2JSG2LLA2KFG3SCS5SPG3KFG4LRS6WLC2LLA2JSG1MKL2KFG5SPG3SCS2JSG3VBC2KFG2CWHPRELIMINARYLANDSCAPE PLANL2FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\landscape\8869-04_landscape.dwgSave Date:06/07/24Revisions:#8869-044Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/07/24RJR06/07/24Ryan J. Ruttger, RLA56346RJR 2KFG4LLA4LLA4ABH2KFG4ABH5SCS3RTD3KFG6WLC4LRS5SCS2KFG3RTD3KFG6WLC4LRS2JLG4DLB1DBH2PDS2BCB4KFG2BCB4KFG2PDS4DLB1DBH2JLG4DLB1DBH2JLG4DLB1DBH2JLG4SSC4SSC4LRS3KFG6WLC1MKL2JSG2LLA2KFG3SCS5SPG3KFG4LRS6WLC2LLA2JSG1MKL2KFG5SPG3SCS2JSG3VBC2KFG2CWH2PDS2PDS3KFG3DBH3KFG3DBH2ABH2JSG2MKL3WLC2LRS2MKL2ABH3WLC2LRS2JSG2JSG3KFG4DBH3LRS7DLS10DLB7DLS3LRS4DBH3KFG5WLC4JLG2VBC4JLGPRELIMINARYLANDSCAPE PLANL3FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\landscape\8869-04_landscape.dwgSave Date:06/07/24Revisions:#8869-044Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/07/24RJR06/07/24Ryan J. Ruttger, RLA56346RJRPLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6" 2'(MIN.) 6" 6"3 REQUIRED AT 120EXISTING GRADEGUY WIRE WITH WEBBINGFLAGGING- ONE PER WIREPLANTING SOIL MIXTURE (SEE SPEC.)MINIMUM 1/2 WIDTH OF ROOT BALL4"-6" SHREDDED BARKMULCHUNDISTURBED OR STABILIZEDSUBSOILNOTE: GUY ASSEMBLY OPTIONAL BUTCONTRACTOR ASSUMES FULLRESPONSIBILITY FOR MAINTAINING TREEIN A PLUMB POSITION FOR THEDURATION OF THE GUARANTEE PERIODGUY ASSEMBLY- 16"POLYPROPYLENE OR POLYETHYLENE(40 MIL) 1-1/2" WIDE STRAP (TYP)DOUBLE STRAND 10 GA. WIRE, 2-7"ROLLED STEEL POSTS (MnDOT 3401)@ 180° O.C. (SEE STAKING DIAGRAM)COORDINATESTAKING TO INSUREUNIFORMORIENTATION OF GUYLINES AND STAKES2. TRIM OUT DEAD WOOD AND WEAK AND/ORDEFORMED TWIGS. DO NOT CUT A LEADER. DONOT PAINT CUTS.4. PLACE PLANT IN PLANTING HOLE WITHBURLAP AND WIRE BASKET, (IF USED), INTACT.BACKFILL WITHIN APPROXIMATELY 12" OF THETOP OF ROOTBALL, WATER PLANT. REMOVETOP 1/3OF THE BASKET OR THE TOP TWOHORIZONTAL RINGS, WHICHEVER IS GREATER.REMOVE ALL BURLAP AND NAILS FROM TOP1/3 OF THE BALL. REMOVE ALL TWINE.3. SET PLANT ON UNDISTURBED NATIVE SOILOR THOROUGHLY COMPACTED BACKFILL SOIL.INSTALL PLANT SO THE ROOT FLARE IS AT ORUP TO 2" ABOVE THE FINISHED GRADE.6. WATER TO SETTLE PLANTS AND FILLVOIDS.5. PLUMB AND BACKFILL WITHBACKFILL SOIL.7. WATER WITHIN TWO HOURS OFINSTALLATION. WATERING MUST BESUFFICIENT TO THOROUGHLY SATURATEROOT BALL AND PLANTING HOLE.8. PLACE MULCH WITHIN 48 HOURS OFTHE SECOND WATERING UNLESS SOILMOISTURE IS EXCESSIVE.1. SCARIFY BOTTOM AND SIDES OF HOLEPRIOR TO PLANTING2'(MIN.) 6"12"UNDISTURBED SUBSOIL( SEE LANDSCAPE NOTES FOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THENBACKFILL MIX4 INCHES MULCH SYMBOLCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERTREESRM6Acer rubrum `Northwood`Northwood Red Maple2.5" Cal.B&BFM8Acer x freemanii `Sienna`Sienna Glen Maple2.5" Cal.B&BRB5Betula nigraClump Form, 2.5" Cal EquivalentRiver Birch Multi-Trunk8` Ht.B&BHL8Gleditsia triacanthos inermis `Harve`Northern Acclaim Thornless Honey Locust2.5" Cal.B&BKC9Gymnocladus dioica `Espresso`Kentucky Coffeetree2.5" Cal.B&BWO6Quercus bicolorSwamp White Oak2.5" Cal.B&BRO3Quercus rubraRed Oak2.5" Cal.B&BBL9Tilia americana `Boulevard`Boulevard Linden2.5" Cal.B&BAE6Ulmus americana `Princeton`American Elm2.5" Cal.B&BCONIFEROUS TREESBF15Abies balsameaBalsam Fir6` Ht.B&BBH21Picea glauca densataBlack Hills Spruce6` Ht.B&BWP24Pinus strobusWhite Pine6` Ht.B&BORNAMENTAL TREESSB20Amelanchier x grandiflora `Autumn Brilliance`Clump Form, Red Fall Color, 1.5" CalEquivalentAutumn Brilliance Serviceberry7` Ht.B&BPD6Cornus alternifolia `Wstackman`Pale Yellow Flowers, Maroon Fall ColorGolden Shadows Pagoda Dogwood1.5" Cal.B&BCA11Malus x `Prairifire`Red FlowersPrairifire Crabapple1.5" Cal.B&BJL10Syringa reticulata `Ivory Silk`White FlowersIvory Silk Japanese Tree Lilac1.5" Cal.B&BPLANT SCHEDULESYMBOLCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERSHRUBSBCB20Aronia melanocarpa `Autumn Magic`Autumn Magic Black Chokeberry#5 Cont.SSC40Clethra alnifolia `Hummingbird`Summersweet#5 Cont.RTD30Cornus sericea `Alleman`s Compact`Dwarf Red Twig Dogwood#5 Cont.DBH34Diervilla loniceraDwarf Bush Honeysuckle#5 Cont.CWH7Hamamelis virginianaCommon Witch Hazel#5 Cont.ABH44Hydrangea arborescens `Annabelle`Annabelle Hydrangea#5 Cont.LLA60Rhododendron x `Lemon Lights`Lemon Lights Azalea#5 Cont.SPG50Spiraea x bumalda `Goldflame`Gold Foliage, Red FlowersGoldflame Spirea#5 Cont.MKL14Syringa patula `Miss Kim`Miss Kim Lilac#5 Cont.VBC8Viburnum trilobum `Bailey Compact`Red Fall ColorBailey`s Compact American Cranberry Bush#5 Cont.EVERGREEN SHRUBSJSG36Juniperus chinensis `Sea Green`Sea Green Juniper#5 Cont.JLG44Juniperus horizontalis `Limeglow`Limeglow Juniper#5 Cont.YEW6Taxus x media `Tauntonii`Tauton Yew#5 Cont.GRASSESKFG172Calamagrostis x acutiflora `Karl Foerster`Feather Reed Grass#2 Cont.PDS56Sporobolus heterolepisPrairie Dropseed#2 Cont.PERENNIALSDLB90Hemerocallis x `Baja`Red FlowersBaja Daylily#1 Cont.DLS14Hemerocallis x `Stella De Oro`Yellow / Gold FlowersStella De Oro Daylily#1 Cont.WLC131Nepeta x faassenii `Walkers Low`Walkers Low Catmint#1 Cont.LRS90Perovskia atriplicifolia `Little Spire`Little Spire Russian Sage#1 Cont.SCS80Sedum spectabile `Autumn Joy`Stonecrop#1 Cont.GROUND COVERSEWF2,891 sfEngineered Wood Fiber MulchPlay Area Surfacing12" DepthROCK8,042 sfRock MulchNon-Woven Geotextile Incidental1.5" Trap Rock Mulch4" DepthSOD80,444 sfTurf Sod BluegrassKentucky BluegrasssodTI2,968 sfType I - Turf Seed MixRefer to notes for acceptable seeding methodsSeeding Rate 180 lb/acMnDOT Seed Mix 25-151seedTIV20,239 sfType IV - Buffer Seed MixRefer to notes for acceptable seedingmethods. Seeding Rate 55.0 lb/acMnDOT Seed Mix 35-241seedPRELIMINARYLANDSCAPE PLANL4FENWAY LAND COMPANY13925 Fenway Boulevard NHugo, Minnesota 55038ofONEKA FIELDSHugo, Minnesotaoff:\jobs\8861 - 8880\8869-04 - oneka apartments\cad c3d\landscape\8869-04_landscape.dwgSave Date:06/07/24Revisions:#8869-044Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect underthe laws of the State of Minnesota06/07/24RJR06/07/24Ryan J. Ruttger, RLA56346RJR ONEKA FIELDS ENGINEERINGSURVEYINGENVIRONMENTAL VICINITY MAP SITE 6.6.24 fenway land co.©whit ten associates, inc. BUILDING MATERIALS VINYL BOARD & BATTEN & TRIM VINYL LAP SIDING hugo, mn STONE VENEER PER SPECS VINYL BD. & BATTEN, TYP. 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM8" TRIM INDEX OF SHEETS NO.DESCRIPTION A1 FRONT & REAR ELEVATION; INDEX A2 SIDE ELEVATIONS A3 BUILDING FOUNDATION PLAN A5 A6 A8 A9 A10 INTERIOR ELEVATIONS A4 A7 MAIN LEVEL ELECTRICAL BUILDING MAIN FLOOR PLAN BUILDING SECTIONS ROOF PLAN BUILDING UPPER FLOOR PLAN A11 UPPER LEVEL ELECTRICAL BUILDING SECTIONS BUILDING SECTIONS A12 2020 MINNESOTA RESIDENTIAL CODE OCCUPANCY CLASSIFICATION (R300.1):IRC-3 TOWNHOUSE TYPE OF CONSTRUCTION:V-B AUTOMATIC FIRE SPRINKLER SYSTEM:NFPA 13D EXTERIOR WALL FIRE RATING (R302.1(2)):1-HOUR PARALLEL AND WITH-IN 3' OF PROPERTY LINE 0-HOUR PERPENDICULAR TO PROPERTY LINE UNIT COMMON WALLS:TWO 1- HOUR (GA FILE NO. WP 3810) SOUND TRANSMISSION (AK102.1):STC 45 WHEN TESTED IIC 45 WHEN TESTED 1 12 GENERAL NOTES: 1. ALL DOOR AND WINDOW HEADERS TO BE S.P.F. #2 OR BETTER, SEE PLANS FOR SIZES. 2. HOUSE TO BE BUILT PER CURRENT I.R.C. CODES. 3. VERIFY GRADES AND ADJUST FOUNDATION/FOOTING STEPS AS NEEDED. 4. SEE PLANS FOR CEILING HEIGHTS 5. 4' HIGH POURED FDN. WALLS STD. 6. FLOOR PLAN DIMENSIONS ARE TO FACE OF FRAMING AND FOUNDATION. 7. ALL TRADES & SUPPLIERS TO REVIEW & VERIFY INFORMATION PERTINENT TO THEIR WORK AND NOTIFY CONST. OF ANY DISCREPANCIES PRIOR TO CONSTRUCTION. 8. NOTED CABINET SIZES ARE +/- AND TO BE FIELD VERIFIED. 9. TRADES TO VERIFY BASE AND TRIM SIZE PRIOR TO CONSTRUCTION. 10. ALL WALLS MORE THAN 10' H. TO BE S.P.F. #2 OR BETTER. 11. EXTERIOR ELEVATIONS ARE CONCEPTUAL ONLY: HOME SITE, FILL AND TOPOGRAPHY WILL DICTATE ACTUAL GRADES AND MAY VARY FROM THOSE SHOWN ON THE PLAN. 12. NOTE: SUBFLOOR JOINTS SHALL BE STAGGERED FROM FLOOR TRUSS OR JOIST JOINTS OF SHEET 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: STARTED: AGENT:X XFENWAY LAND CO.HUGO, MNHUGO TOWNHOMES (12-UNIT).7-24-24 BID SET FRONT ELEVATION SCALE: 3/16" = 1'-0" REAR ELEVATION SCALE: 3/16" = 1'-0" VINYL LAP SIDING TYP. 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM 8" TRIM8" TRIM 8" TRIM8" TRIM 8" TRIM 8" TRIM SIDE ELEVATION EXTERIOR ELEVATIONS ARE CONCEPTUAL ONLY: HOME SITE, FILL AND TOPOGRAPHY WILL DICTATE ACTUAL GRADES AND MAY VARY FROM THOSE SHOWN ON THE PLAN. SCALE: 1/4" = 1'-0" 2 12 07-00-BUYERPROJECT # BUYER S/O BUYER S/O REVISIONS: STARTED: AGENT:X XFENWAY LAND CO.HUGO, MNHUGO TOWNHOMES (12-UNIT).7-24-24 BID SET OF SHEETSIDE ELEVATION SCALE: 1/4" = 1'-0" Agenda Number: G.16 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Bradley and Jamie Anthony – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 5910 Freeland Court North. DATE: August 1, 2024 for the City Council meeting of August 5, 2024 ZONING: Single-Family Detached Residential (R-3) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: September 29, 2024 1. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 5910 Freeland Court North. The proposed alignment has the fence enclosing the home’s back yard, but stopping some distance before the wetland boundary in the rear of the property. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request for an encroachment agreement. 2. CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 5910 Freeland Court North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Site Plan RESOLUTION 2024-__ APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5910 FREELAND COURT NORTH WHEREAS, an application has been filed by Bradley and Jamie Anthony that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 5910 Freeland Court North, legally described as follows; Lot 6, Block 1, Birch Tree Ponds 3rd Addition, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 5910 Freeland Court North. ADOPTED by the City Council this 5th day of August, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 5th day of August, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Bradley Anthony and Jamie Anthony, a married couple (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the westerly, northerly, easterly, and southerly portion of the Owner’s property, which is legally described as: Lot 6, Block 1, Birch Tree Ponds 3rd Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence may be maintained or placed in the easement area. 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public _____________________________________ Bradley Anthony, Owner _____________________________________ Jamie Anthony, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Bradley Anthony and Jamie Anthony, a married couple, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 Agenda Number: G.17 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Jacob and Lydia Mussehl – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 15510 Goodview Trail North. DATE: August 1, 2024 for the City Council meeting of August 5, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: September 29, 2024 1. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15510 Goodview Trail North. The proposed alignment has the fence enclosing the home’s back yard, but stopping before the property slopes downward toward a ditch. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request for an encroachment agreement. 2. CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 15510 Goodview Trail North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Site Plan RESOLUTION 2024-__ APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15510 GOODVIEW TRAIL NORTH WHEREAS, an application has been filed by Jacob and Lydia Mussehl that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 15510 Goodview Trail North, legally described as follows; Lot 1, Block 2, The Shores of Oneka Lake, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 15510 Goodview Trail North. ADOPTED by the City Council this 5th day of August, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 5th day of August, 2024 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Jacob Mussehl and Lydia Mussehl, a married couple (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the westerly, northerly, easterly, and southerly portion of the Owner’s property, which is legally described as: Lot 1, Block 2, The Shores of Oneka Lake, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence may be maintained or placed in the easement area. 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligen ce of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2024. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public _____________________________________ Jacob Mussehl, Owner _____________________________________ Lydia Mussehl, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2024, before me, a Notary Public, personally appeared Jacob Mussehl and Lydia Mussehl, a married couple, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 ____ ____ ____ ____ ____ ____ ____ ___ ___ ____ ____ ____ ____ ____ MINNESOTA LAWFUL GAMBLING LG220 Application for Exempt Permit 4/23 Page 1 of 3 An exempt permit may be issued to a nonprofit organization that: • conducts lawful gambling on five or fewer days, and • awards less than $50,000 in prizes during a calendar year. If total raffle prize value for the calendar year will be $1,500 or less, contact the Licensing Specialist assigned to your county by calling 651-539-1900. Application Fee (non-refundable) Applications are processed in the order received. If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Due to the high volume of exempt applications, payment of additional fees prior to 30 days before your event will not expedite service, nor are telephone requests for expedited service accepted. ORGANIZATION INFORMATION Organization Previous Gambling Name: Shoot For The Troops Permit Number: X- 94818-23-005 Minnesota Tax ID Federal Employer ID Number, if any: Number (FEIN), if any: 82-2024344 Mailing Address: _19172 Meadowridge Lane Circle North City: _Marine on St. Croix State: _MN Zip: _55047 County: _Washington Name of Chief Executive Officer (CEO): _Eduardo Suarez CEO Daytime Phone: 763-286-6262 CEO Email: eascapes@gmail.com (permit will be emailed to this email address unless otherwise indicated below) Email permit to (if other than the CEO): NONPROFIT STATUS Type of Nonprofit Organization (check one): Fraternal Religious Veterans ✔ Other Nonprofit Organization Attach a copy of one of the following showing proof of nonprofit status: (DO NOT attach a sales tax exempt status or federal employer ID number, as they are not proof of nonprofit status.) A current calendar year Certificate of Good Standing Don’t have a copy? Obtain this certificate from: MN Secretary of State, Business Services Division Secretary of State website, phone numbers: 60 Empire Drive, Suite 100 www.sos.state.mn.us St. Paul, MN 55103 651-296-2803, or toll free 1-877-551-6767 ✔ IRS income tax exemption (501(c)) letter in your organization’s name Don’t have a copy? To obtain a copy of your federal income tax exempt letter, have an organization officer contact the IRS toll free at 1-877-829-5500. IRS - Affiliate of national, statewide, or international parent nonprofit organization (charter) If your organization falls under a parent organization, attach copies of both of the following: 1. IRS letter showing your parent organization is a nonprofit 501(c) organization with a group ruling; and 2. the charter or letter from your parent organization recognizing your organization as a subordinate. GAMBLING PREMISES INFORMATION Name of premises where the gambling event will be conducted (for raffles, list the site where the drawing will take place): Wild Wings of Oneka Physical Address (do not use P.O. box): _14733 Irish Ave. N. Hugo, MN 55038 Check one: ✔ City: _Hugo Zip: _55038 County: _Washington Township: Zip: County: Date(s) of activity (for raffles, indicate the date of the drawing): 11 September 2024 Check each type of gambling activity that your organization will conduct: Bingo Paddlewheels Pull-Tabs Tipboards ✔ Raffle Gambling equipment for bingo paper, bingo boards, raffle boards, paddlewheels, pull-tabs, and tipboards must be obtained from a distributor licensed by the Minnesota Gambling Control Board. EXCEPTION: Bingo hard cards and bingo ball selection devices may be borrowed from another organization authorized to conduct bingo. To find a licensed distributor, go to www.mn.gov/gcb and click on Distributors under the List of Licensees tab, or call 651-539-1900. ____ ____ LG220 Application for Exempt Permit 4/23 Page 2 of 3 LOCAL UNIT OF GOVERNMENT ACKNOWLEDGMENT (required before submitting application to the Minnesota Gambling Control Board) CITY APPROVAL for a gambling premises located within city limits The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days (60 days for a 1st class city). The application is denied. Print City Name: Signature of City Personnel: Title: Date: The city or county must sign before submitting application to the Gambling Control Board. COUNTY APPROVAL for a gambling premises located in a township The application is acknowledged with no waiting period. The application is acknowledged with a 30-day waiting period, and allows the Board to issue a permit after 30 days. The application is denied. Print County Name: Signature of County Personnel: Title: Date: TOWNSHIP (if required by the county) On behalf of the township, I acknowledge that the organization is applying for exempted gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minn. Statutes, section 349.213.) Print Township Name: Signature of Township Officer: Title: Date: CHIEF EXECUTIVE OFFICER’S SIGNATURE (required) The information provided in this application is complete and accurate to the best of my knowledge. I acknowledge that the financial report will be completed and returned to the Board within 30 days of the event date. Chief Executive Officer's Signature: Date: _31 July 2024 (Signature must be CEO’s signature; designee may not sign) Print Name: _Eduardo Suarez REQUIREMENTS MAIL APPLICATION AND ATTACHMENTS Complete a separate application for: • all gambling conducted on two or more consecutive days; or • all gambling conducted on one day. Only one application is required if one or more raffle drawings are conducted on the same day. Financial report to be completed within 30 days after the gambling activity is done: A financial report form will be mailed with your permit. Complete and return the financial report form to the Gambling Control Board. Your organization must keep all exempt records and reports for 3-1/2 years (Minn. Statutes, section 349.166, subd. 2(f)). Mail application with: a copy of your proof of nonprofit status; and application fee (non-refundable). If the application is postmarked or received 30 days or more before the event, the application fee is $100; otherwise the fee is $150. Make check payable to State of Minnesota. To: Minnesota Gambling Control Board 1711 West County Road B, Suite 300 South Roseville, MN 55113 Questions? Call the Licensing Section of the Gambling Control Board at 651-539-1900. Data privacy notice: The information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization’s qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization’s qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process the application. Your organization’s name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization’s name and address which will remain public. Private data about your organization are available to Board members, Board staff whose work requires access to the information; Minnesota’s Depart- ment of Public Safety; Attorney General; Commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor, national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies specifically authorized by state or federal law to have access to the information; individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. An equal opportunity employer This form will be made available in alternative format (i.e. large print, braille) upon request. 4/23 Page 3 of 3 How You May Spend Gambling Funds How You May Not Spend Gambling Funds Allowable expenses - Gambling funds may be spent for allowable expenses, such as: • gambling equipment (pull-tabs, bingo paper, bingo blower, paddlewheel tickets, tipboard games); • advertising; • printing raffle tickets; or • any services or goods that are directly related to the conduct of your gambling. Charitable contributions - Gambling funds may be spent for the following charitable contributions (lawful purpose): • to or by 501(c)(3) organization and 501(c)(4) festival organizations; • relieving the effects of poverty, homelessness, or disability; • problem gambling programs approved by the Minnesota Department of Human Services; • public or private nonprofit school; • scholarships (if a contribution is made to a scholarship fund, it must be made to a nonprofit organization whose primary mission is to award scholarships); • church; • recognition of military service (open to public) or active military personnel in need; • activities and facilities benefiting youth under age 21; • citizen monitoring of surface water quality, with data submitted to Minnesota PCA; • unit of government (NOTE: A direct contribution to a law enforcement or prosecutorial agency is not allowed); • wildlife management projects or activities that benefit the public-at-large, with DNR approval; • grooming and maintaining snowmobile or all-terrain trails that are grant-in-aid trails, or other trails open to public use, with DNR approval; • supplies and materials for DNR training and educational programs; • nutritional programs, food shelves, and congregate dining programs primarily for persons who are 62 or older or disabled; • community arts organizations or programs; • humanitarian service recognizing volunteerism or philanthropy; and • acquisition and repair of real property and capital assets (contact the Gambling Control Board for requirements). 1. Controlled contribution - An organization may not retain any control over any contribution made from gambling funds. The only exception is for expenditures by a 501(c)(3) organization or a 501(c)(4) festival organization to its general fund. 2. Financial gain - A contribution or expenditure may not be made if it results in any monetary, economic, financial, or material benefit to the organization making the contribution or expenditure. 3. Government - An expenditure may not be made for: • influencing the nomination or election of a candidate for public office; • promoting or defeating a ballot question; or • any activity intended to influence an election or a governmental decision- making process. 4. Law enforcement - A direct contribution may not be made to a law enforcement or prosecutorial agency. 5. Pension - A contribution may not be made to a government pension or retirement fund, such as a fire relief association. 6. Conflict of interest - A contribution or expenditure may not be made if it is not allowed under the conflict of interest provisions of the Minnesota Nonprofit Corpo-ration Act, Minnesota Statutes, Section 317A.255. 7. Alcohol - An expenditure may not be made for the purchase of any intoxicating liquor, wine, or malt beverages. 8. Fundraising - An expenditure may not be made for fundraising costs, except as allowed for a 501(c)(3) organization or 501(c)(4) festival organization from its general fund. 9. Other organizations - With few excep- tions, gambling funds may not be contrib- uted to other organizations or clubs such as veterans, fraternal, Lions, etc. unless it is a 501(c)(3) organization. 10. Other contributions - A contribution may not be made to a 501(c)(3) organization or another entity with the intent or effect of not complying with lawful purpose restrictions or requirements. Minnesota Gambling Control Board 2023 MINNESOTA GAMBLING CONTROL BOARD BINGO AND RAFFLE – Checklist for Excluded/Exempt Permits The purpose of this form is to help your organization conduct excluded/exempt gambling in compliance with the requirements listed below. Exempt and Excluded activities cannot be conducted in the same calendar year. The five forms of lawful gambling are bingo, paddlewheels, pull-tabs, raffles and tipboards. Detailed information regarding each requirement is available by clicking on the following links [in blue italics]: 1) applicable statutes and rules; 2) the Lawful Gambling Manual; 3) the online class, “Conduct of Raffles”; and 4) the phone number and email address of your county’s Licensing (license, permits and leases) and Compliance (conduct and reporting) Specialists. Check Box RAFFLES 1. Tickets are printed in accordance with MN Rule 7861.0310. 2. Tickets contain the sequential number of the raffle ticket. Theatre style tickets may be used. (349.173) 3. A list of prizes and a statement of other relevant information is made available to ticket purchasers. (349.173) 4. The organization must pay in full or otherwise become the owner of all prizes prior to the raffle drawing, except for raffles with gross receipts of $60 or less. (7861.0260) 5. A merchandise certificate is used when a prize requiring registration or licensure (guns, cars, ATVs, etc.) is offered. (7861.0260) 6. Prizes must not consist of lawful gambling equipment including raffle tickets for another raffle. (7861.0260) 7. The total value of lawful gambling prizes awarded (use fair market value for donated prizes) does not exceed $50,000 in a calendar year. (349.166) 8. Cash must not be substituted for merchandise prizes that have been won. (7861.0260 Subp. 4C(2)) 9. Alcohol is only awarded as a prize to persons who demonstrate that they are 21 years of age or older. (340A.707) 10. Only cash, personal checks, cashier’s checks, money orders, travelers’ checks, and debit cards may be accepted for the purchase of tickets (NO CREDIT CARDS – NO INTERNET SALES). (349.2127) (7861.0260) 11. The method of winner selection cannot be manipulated or based on the outcome of an event not under the organization’s control. (349.173) 12. Persons are not required to be present at a raffle drawing to be eligible to win. (349.173) (7861.0310) 13. Raffle tickets are not sold to or won by persons under age 18. (349.181) (7861.0310) 14. Purchasers are not required to buy anything other than the ticket. (349.173) (7861.0310) 15. Clear and legible house rules in accordance with MN Rule 7861.0310 are prominently posted at the point of winner selection. 16. An exempt permit financial report (LG220A) must be submitted to the Gambling Control Board within 30 days of the gambling occasion. (349.166) BINGO 1. Clear and legible house rules in accordance with MN Rule 7861.0270 are prominently posted at the point of winner selection. 2. House rules include the policy on declaring bingo and last number called. (7861.0270 Subp. 2A(1)) 3. House rules include the reasons for potentially cancelling bingo occasions. (7861.0270 Subp. 2A(1)) 4. All sales must be on a cash basis and take place at the permitted premises during or immediately prior to the bingo occasion. (NO CREDIT CARDS – NO INTERNET SALES) (7861.0270 Subp. 5B(1)) 5. Bingo paper must not be offered for free or discounted unless the price is reduced with a coupon. (7861.0270 Subp. 5B(7)) 6. Bingo balls must be available for inspection by at least one player before the occasion begins to determine that all are present and in operating condition. (7861.0270 Subp. 3A) 7. No reservation of bingo cards or bingo paper for any person (7861.0270 Subp. 3F) 8. Bingo records (including bingo program) must be kept for 3½ years. (7861.0270 Subp. 11) BINGO AND RAFFLES 1. Gambling records must be kept for 3½ years. (7861.0310) 2. Gambling funds may only be spent for allowable expenses and lawful purposes. (349.12 Subd. 3a) (349.12 Subd. 25) (mn.gov/gcb/faq-exemptexcluded.html) and (mn.gov/gcb/assets/infosheetspendinggamblingfunds.pdf) 7/23 CITY OF HUGO, COUNTY OF WASHINGTON ORDINANCE NO. 2024-___ AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTUR1NG, AND DISTRIBUTION OF CANNABINOID PRODUCTS NOW, THEREFORE, the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 regulating the sale of “edible cannabinoid products” that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC Products”) 2. On August 15, 2022, The City of Hugo adopted an interim ordinance prohibiting the sale, testing and manufacturing of edible cannabinoid products, and is set to expire on August 15, 2023. 3. By enacting 2023 Session Law though HF100 and SF73, Chapter 63, the Minnesota Legislature has newly defined and redefined types of intoxicating and non-intoxicating cannabis and hemp products. 4. The Act expands the types of legal products and now includes cannabinoid products, cannabis products, lower-potency hemp edibles, and edible cannabis products, among other things. 5. The Act provides a regulatory framework for the sale, and manufacturing of cannabis and hemp products and for the licensing of cannabis and hemp businesses, and establishes a State Agency now called the “Office of Cannabis Management” (OCM). 6. The Act directs the OCM to research and study cannabis and hemp, make rules, establish policy, and exercise regulatory authority over cannabis and hemp businesses. 7. Section 343.13 of the Act allows a local unit of government to “adopt reasonable restrictions on the time, place, and manner of the operation of a “cannabis business,” including limiting the number of licenses, and mandating registration and compliance checks. It further allows a local unit of government to enact an interim ordinance that “may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until January 1, 2025.” 8. Section 343.22 of the Act requires local units of government to provide for registration and compliance checks for low-potency hemp products, and does not specifically prohibit local control of lower-potency hemp edibles. 9. The Act requires the OCM to create a regulatory framework for cannabis and hemp products and directs the OCM to draft model ordinances for local units of government to establish certain zoning and other regulations related to cannabis products. The Act further requires the OCM to develop standardized forms for retail registration and compliance checks by local units of government of cannabis businesses and lower-potency hemp businesses. 10. The City will benefit from an understanding of the OCM’s regulations, rules, model ordinances, forms, registration procedures, and guidance for compliance checks before making decisions related to cannabis and lower-potency hemp businesses. 11. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of cannabis and lower-potency hemp products. 12. Section 343.13 of the Act allows a city to adopt an interim ordinance relating to regulation of cannabis businesses until January 1, 2025. This provision only relates to cannabis businesses, and does not include the ability to study lower-potency hemp products, even though the new Act regulates such products, creates the OCM to administer regulations, and requires certain functions for a city including registration and compliance checks and other matters. 13. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on both cannabis and lower-potency hemp products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. 14. The Act specifically allows for the immediate sale of “edible cannabis products” at exclusive on-sale liquor stores. The definition of “edible cannabis products” in the Act, excludes “lower-potency hemp edibles.” “Edible cannabis products” are now permitted for sale in the City only in exclusive liquor stores. 15. The City Council adopted Ordinance No. 2023-527 on July 10, 2023, placing a twelve (12) month moratorium on the sale, testing, manufacturing, and distribution of cannabinoid products within the City that expired on July 10, 2024. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study cannabinoid products, which includes cannabis products and lower-potency hemp products including uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of cannabinoid products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of cannabinoid products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute cannabinoid products from the effective date of this ordinance until January 1, 2025. 2. The City shall not issue any license or permit related to cannabinoid products from the effective date of this ordinance until January 1, 2025. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo shall be accepted or considered from the effective date of this ordinance until January 1, 2025. 3. Planning or zoning applications related to cannabinoid products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo shall not be accepted or considered from the effective date of this ordinance until January 1, 2025. 4. This moratorium does not apply to the sale of edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph (f) in exclusive liquor stores. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Hugo from any potential negative impacts of cannabinoid products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City’s general penalty in City Code § Sec. 1 -18 subd. (b). SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect from its effective date until January 1, 2025, at which point, it will automatically expire. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 5th day of August, 2024. ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk SUMMARY ORDINANCE 2024-___ NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. SUMMARY OF AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND DISTRIBUTION OF CANNABINOID PRODUCTS. During the 2023 Legislative Session, a law was enacted that provides a regulatory framework for the sale and manufacturing of cannabis and hemp products, and for the licensing of cannabis and hemp businesses, and establishes a State Agency now called the “Office of Cannabis Management” (OCM), which is expected to be established by January 1, 2025. The Act also allows for local governments to adopt an interim ordinance until January 1, 2025 on cannabis businesses. Pursuant to Minn. Stat. § 462.355, Subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of cannabis and lower-potency hemp products. The City Council of the City of Hugo has passed an Interim Ordinance on the sale, use, manufacturing, and distribution of cannabis and lower-potency hemp products within the City of Hugo for one year. This moratorium does not apply to the sale of edible cannabinoid products in exclusive liquor stores. Please note this title and summary of this Ordinance clearly informs the public of the intent and effect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The entire ordinance is available at City Hall for review. Passed and adopted by the City Council of the City of Hugo this 5th day of August, 2024. ___________________________ Tom Weidt, Mayor Attest: __________________________ Michele Lindau, City Clerk Government Center • 14949 62nd Street North • P. O. Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer Office of Administration Kevin Corbid, County Administrator Jan Lucke, Deputy Administrator Jennifer Wagenius, Deputy Administrator July 23, 2024 TO: Grant, Hugo, Lake Elmo, Oak Park Heights, Stillwater, Baytown Township, May Township, Stillwater Township The terms of office for Gerald Johnson and Celia Wirth, with the Browns Creek Watershed District, expire on October 21, 2024. Minnesota Statute 103D.311 requires that the County Board select watershed district managers from an aggregate list of persons nominated by the townships and municipalities that are within the watershed district. Lists from townships and municipalities must be submitted to the county board at least 60 days prior to the expiration of the term of office of a manager. The County Board shall make its appointment at least 30 days prior to the term expiration. The county will aggregate the names of nominees from all the lists submitted by the townships and municipalities for the board’s consideration. If the aggregate list of nominees contains at least 3 names, the county must appoint a manager from the list of township and municipality nominees. In making the appointment, the county must also consider the statutory requirement that managers be appointed to fairly represent the hydrological areas of the district. If the aggregate list contains less than 3 nominee names, or if appointing a nominee from the submitted lists will not allow for fair representation of the various hydrological areas of the district, the county board may appoint any individual who resides within the watershed district and is otherwise eligible to serve. If you wish to submit a list of nominees for consideration or wish the incumbent to be considered for reappointment, your list should be sent to me prior to August 22, 2024. The county's advisory board application form is attached. Please duplicate it as necessary. Thank you for your assistance in filling this important watershed position. Sincerely, Holly Hess Administrative Assistant 14949 62nd Street North Stillwater, MN 55082 Cc: County Board of Commissioners Kevin Corbid, County Administrator 2 Stephanie Souter, Public Health Program Supervisor, Public Health & Environment Karen Kill, Watershed Administrator 18/1/2024 11:46 AMMichele LindauSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31August 2024Su Mo Tu We Th Fr Sa123456789 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30September 2024August 2024Jul 28293031Aug 123456789107:00pm City Council5:00pm National Night Out- Time TBD 6:30pm BOZA7:00pm Planning Comm111213141516174:30pm Hwy 61 Visioning Open House (Oneka Room) 181920212223247:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm6:30pm BOZA7:00pm Planning Comm252627282930316:00pm Midyear Budget Workshop SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 28/1/2024 11:46 AMMichele LindauSu Mo Tu We Th Fr Sa123456789 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30September 2024Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31October 2024September 2024Sep 1234567Labor Day7:00pm City Council-Reschedule8910111213146:30pm BOZA7:00pm Planning Comm151617181920217:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm222324252627286:30pm BOZA7:00pm Planning Comm2930Oct 12345SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY