The URL can be used to link to this page

Home My WebLink About2024.11.18 CC Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. November 4, 2024, City Council Meeting 2. November 12, 2024, Board of Canvass Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Nothing Scheduled 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 Street Capital Improvement Plan (CIP) 3. Approval Resolution Amending Provisions of Deferral of Special Assessment for Be There, Inc. – Dee Davis 4. Approve Resolution Approving Variance for 12757 Homestead Drive North 5. Approve Resolution Approving Encroachment Agreement for 4803 163rd Street North 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, November 18, 2024 Address: 14669 Fitzgerald Ave. N. Hugo, MN 55038 Phone: 651-762-6300 Website: www.ci.hugo.mn.us H. PUBLIC HEARING 1. Nothing Scheduled I. UNFINISHED BUSINESS 1. Nothing Scheduled J. NEW BUSINESS 1. Discussion on Cannabis Ordinance K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Legislative Reception on Wednesday, November 20, 2024 2. Schedule North Environmental Center Ribbon Cutting on Monday, December 2, 2024 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON NOVEMBER 18, 2024 D.1 Approve Minutes for the November 4, 2024, City Council Meeting D.2 Approve Minutes for the November 12, 2024, Board of Canvass Meeting Staff recommends Council approve the above minutes as presented. G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Street Capital Improvement Plan (CIP) At the October 28, 2024, City Council work session, staff presented a 5-year Capital Improvements Plan for streets and trails. Specifically, staff reviewed the recent ratings of roadways and trails, the prioritization of the next 5-years of improvements, and costs associated with these improvements. Finance Director Wobse reviewed the budget and the Capital Improvements Plan as outlined. Staff is recommending Council adopt the 5-year Capital Improvements Plan as presented. G.3 Approval Resolution Amending Provisions of Deferral of Special Assessment for Be There, Inc. – Dee Davis At its October 3, 2011, meeting, Council approve a resolution to defer the special assessment on property owned by Dee Davis, which located in the southwest corner of Hugo, west of Everton Avenue. This is a vacant lot and eligible for deferment. Davis has requested the City remove the accrued interest to date on the assessment and that the property not be subject to further interest. Staff has prepared a resolution amending this provision on the deferred assessment with all other provisions remaining the same. Staff recommends Council approve the amended resolution on the deferral of the special assessment on the Dee Davis property. G.4 Approve Resolution Approving Variance for 12757 Homestead Drive North Jim and Laurie Stodola have requested a variance request to allow construction of a deck located 56 feet from the ordinary high-water level of Sunset Lake, where a structural setback of 100 feet is required by ordinance. The deck is proposed to be constructed in-line with the existing house. Staff reviewed the request and found that it met the criteria necessary to approve a variance, and recommended approval of the variance to the Board of Zoning Appeals and Adjustments. The Board will consider this request at its Thursday, November 14, 2024, meeting. Staff will provide a written update regarding the Board’s recommendation to the City Council prior to the Council meeting of November 18, 2024. G.5 Approve Resolution Approving Encroachment Agreement for 4803 163rd Street North Capstone Homes has requested an encroachment agreement to construct a retaining wall within a drainage and utility easement on property located at 4803 163rd Street North. The Senior Engineering Technician has reviewed the location of the retaining wall and is comfortable with the request. Staff is recommending approval of the resolution approving an encroachment agreement for 4803 163rd Street North. J.1 Discussion on Cannabis Ordinance By enacting Minnesota Statutes 2023, Chapter 342, the Minnesota Legislature has provided a regulatory framework for the sale and manufacturing of cannabis and hemp products, the licensing of cannabis and hemp businesses, and establishes a State Agency known as the Office of Cannabis Management (OCM). Section 342.13 of the act allows a local unit of government to adopt “reasonable restrictions on the time, place, and manner” of the operation of cannabis businesses. Staff has begun to draft an ordinance relating to and regulating cannabis businesses within the City of Hugo, which would include definitions of cannabis businesses, a procedure for registering cannabis retailers within the city, zoning and land use designations for cannabis businesses, performance standards for cannabis businesses, and processes related to temporary cannabis events. Staff is seeking Council direction on a number of items within the draft ordinance, including proposed zoning, buffer requirements, proposed fees, and temporary cannabis events. M.1 Schedule Legislative Reception on Wednesday, November 20, 2024 The White Bear Area Chamber of Commerce is hosting their annual Legislative Reception on Wednesday, November 20th at Tria Restaurant in North Oaks beginning at 4:30 p.m. Staff has RSVPed for the Council, posted the notice, and recommends Council schedule it as a meeting. M.2 Schedule North Environmental Center Ribbon Cutting on Monday, December 2, 2024 Washington County has invited the Council to the ribbon cutting for the North Environmental Center at 6065 Headwaters Parkway on Monday, December 2, 2024, from 3-4:30 p.m. Staff recommends Council schedule it as a meeting if they wish to attend. N. Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, November 4, 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 October 21, 2024, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on October 21, 2024, as presented. All Ayes. Motion carried. Approval Minutes for the October 22, 2024, Beaver Ponds Neighborhood Meeting Strub made motion, Klein seconded, to approve the minutes for the Beaver Ponds neighborhood meeting held on October 22, 2024, as presented. All Ayes. Motion carried. Approval Minutes for the October 22, 2024, Duck Pass, Palmes Long Lake Estates, and Ingersoll Avenue North Neighborhood Meeting Petryk made motion, Strub seconded, to approve the minutes for the Duck Pass, Palmes Long Lake Estates, and Ingersoll Avenue North neighborhood meeting held on October 22, 2024, as presented. All Ayes. Motion carried. Approval Minutes for the October 28, 2024, Street CIP Workshop Miron made motion, Klein seconded, to approve the minutes for the street CIP workshop held on October 28, 2024, as presented. All Ayes. Motion carried. Council Meeting Minutes for November 4, 2024 Page 2 of 7 Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as amended by Mayor Weidt to add Washington County Commissioner Fran Miron under ‘Visitor Presentations’ and remove the presentation by the Hugo Snowmobile Club. City Administrator Bryan Bear added approval of payment to Grant Utilities to the Consent Agenda. All Ayes. Motion carried. Update on Washington County Star Trail Association – Hugo Club President John Udstuen The Hugo Knight Snowmobile Club President John Udstuen intended to provide an update; however, this was removed from the agenda by vote of the Council. Approval of Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda. 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Worker Kraig Pettee 3. Approve Annual Performance Review for Fire Chief Jim Compton, Jr. 4. Approve Letter Supporting Reappointment of Rice Creek Watershed District Manager John Waller 5. Approve Donation from the Hugo American Legion to the Hugo Fire Department 6. Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association 7. Approve No Parking Resolution for Keystone Ave N. (North of County Road 57) 8. Approve Pay Request No. 7 to Arnt Construction for the TH61/159th Street Roundabout Improvement Project 9. Approve Purchase of Felling FT-10 I Lawn Mower Trailer 10. Approve Resolution Approving Property Line Adjustment for 7605 128th Street North and 12890 Henna Avenue North – Andrew and Amber Michels and Nellis Engen c/o Christian Engen 11. Approve Resolution Approving Encroachment Agreement for 16190 Europa Avenue North – Dauda Swaray and Lucella Kepe 12. Approve Renewal of Auto Dismantling License for Hugo Auto and Truck Parts 13. Approve Payment to Grant Utilities for Sanitary Sewer Repair on 147th Street All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Public Works Worker Kraig Pettee Kraig Pettee was hired as a Public Works Worker starting November 12, 2018. Approval of the Consent Agenda approved the annual performance review of Public Works Worker Kraig Pettee. Council Meeting Minutes for November 4, 2024 Page 3 of 7 Approve Annual Performance Review for Fire Chief Jim Compton, Jr. At its October 16, 2023, meeting, Council approved the hiring of Jim Compton, Jr. as Hugo’s first full-time Fire Chief with a starting date of November 20, 2023. Adoption of the Consent Agenda approved the annual performance review for Fire Chief Jim Compton, Jr. Approve Letter Supporting Reappointment of Rice Creek Watershed District Manager John Waller The term for RCWD Manager John Waller was to expire on January 18, 2025. At their meeting on October 21, 2024, Council directed staff to draft a letter supporting the reappointment of John Waller as Manager on the Rice Creek Watershed District. Adoption of the Consent Agenda approved the letter of recommendation as written. Approve Donation from the Hugo American Legion to the Hugo Fire Department The Hugo American Legion had requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department needed to be approved by the Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department. Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association The Hugo Snowmobile Club and the Rice Creek Trail Association had submitted their respective Snowmobile Trail Applications for the 2024-2025 snow season. According to the submitted applications, Hugo trails would remain the same as last year. Adoption of the Consent Agenda approved the Snowmobile Trail Applications for the Hugo Snowmobile Club and the Rice Creek Trail Association. Approve No Parking Resolution for Keystone Ave N. (North of County Road 57) The new 1,820-acre Keystone Woods Wildlife Management Area was recently opened, and access was provided along Manning Trail. For easier access to the west side of the WMA, some individuals were accessing it from Keystone Avenue North. Because Keystone Avenue was a single lane access serving three properties, it could not support parking. on either side of the roadway. Due to public safety concerns, staff recommended Council approve no parking along that portion of Keystone Avenue north of County Road 57. Adoption of the Consent Agenda approved RESOLUTION NO. 2024-49 RESTRICTING PARKING ALONG KEYSTONE AVENUE NORTH OF COUNTY ROAD 57. Approve Pay Request No. 7 to Arnt Construction for the TH61/159th Street Roundabout Improvement Project Arnt Construction Company had submitted Pay Request No. 7 in the amount of $21,973.91 for work certified through September 31, 2024, on the TH61/159th Street Roundabout Improvement Project. The punch-list had been completed and it was the final pay application for the project. Adoption of the Consent Agenda approved payment to Arnt Construction Company in the Council Meeting Minutes for November 4, 2024 Page 4 of 7 amount of $21,973.91 and formally accepted the project. Approve Purchase of Felling FT-10 I Lawn Mower Trailer The City currently owned two Felling FT-10 lawn mower trailers for transporting riding lawn mowers, weed whips, and leaf blowers. With the hiring of an additional seasonal employee in 2024, Public Works found they were lacking enough trailers to keep all the crews mobile. In September of 2024 staff received quotes for a Felling FT-10 trailer for $14,100.00. Felling’s build slots were five - six months out, and staff had requested approval of Council to purchase the trailer for delivery in May 2025. The trailer would be purchased using the State Contract, and the money was included in the 2025 equipment CIP budget to cover this purchase. Adoption of the Consent Agenda approved the purchase of the Felling FT-10 trailer as outlined in the quote from Road Machinery & Supply for the amount of $14,100.00 to be paid in 2025. Approve Resolution Approving Property Line Adjustment for 7605 128th Street North and 12890 Henna Avenue North – Andrew and Amber Michels and Nellis Engen c/o Christian Engen Andrew and Amber Michels, 7605 128th Street North (Parcel A) and Nellis Engen c/o Christian Engen, 12870 Henna Avenue North (Parcel B) had applied for a property line adjustment between two properties, both of which were large lots occupied by single-family homes. Parcel A was 19.97 acres in size and Parcel B was 20.04 acres in size. The proposed adjustment would add 1.79 acres to Parcel A, making it 21.76 acres in size and making Parcel B 18.25 acres in size. Staff found that both properties would comply with all applicable regulations in the City Code. Adoption of the Consent Agenda approved RESOLUTION 2024-50 APPROVING A PROPERTY LINE ADJUSTMENT FOR ANDREW AND AMBER MICHELS AND NELLIS ENGEN, FOR THE PROPERTIES LOCATED AT 7605 128TH STREET NORTH AND 12870 HENNA AVENUE NORTH. Approve Resolution Approving Encroachment Agreement for 16190 Europa Avenue North – Dauda Swaray and Lucella Kepe Dauda Swaray and Lucella Kepe had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16190 Europa Avenue North. The Senior Engineering Technician had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2024-51 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16190 EUROPA AVENUE NORTH. Approve Renewal of Auto Dismantling License for Hugo Auto and Truck Parts The City of Hugo received an application for the bi-annual Auto Dismantling License for Mike Brandt, dba Auto and Truck Parts. As a requirement of the license, City staff conducted the annual inspection and found it to be in compliance with City Code as well as County regulations. Adoption of the Consent Agenda approved the biannual Auto Dismantling License for Hugo Auto & Truck Parts. Council Meeting Minutes for November 4, 2024 Page 5 of 7 Payment to Grant Utilities for Sanitary Sewer Repair on 147th Street City Administrator Bryan Bear added this to the Consent Agenda to request approval of payment to Grant Utilities for repairs to the sanitary sewer on 147th Street that sustained damage during the 2021 downtown streets reconstruction project. Adoption of the Consent Agenda approved payment to Grant Utilities in the amount of $12,000. 2025 Beaver Ponds Area Street Improvement Project - Receive Feasibility Study and Set Public Hearing. City Engineer Mark Erichson showed the location of the proposed Beaver Ponds Area Street Improvement Project which would consist of roadway milling and paving, spot curb replacement, and trail replacement improvements. The total project cost would be approximately $1,543,300, which incorporated 2024 construction costs and included a 10% construction contingency and indirect costs in the amount of 20% of the estimated construction costs. According to the City’s Assessment Policy, benefiting properties would be assessed $2,100 per unit. This would pay for $337,810 of the project cost. The remaining $1,205,490 would be paid for by the City. He provided a proposed project schedule that showed a public hearing to be held on December 2, construction taking place June-September 2025, and an assessment hearing to be held in October 2025. Miron made motion, Petryk seconded, to approve RESOLUTION 2024-52 RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 2025 BEAVER PONDS AREA STREET IMPROVEMENT PROJECT. All Ayes. Motion carried. 2025 Street Improvement Project - Receive Feasibility Study and Set Public Hearing City Engineer Mark Erichson showed the location of the proposed 2025 Street Improvement Project which would include roads in Duck Pass, Palmes Long Lake Estates, and Ingersoll Avenue. The project would consist of a full depth roadway reclamation, paving and minor storm improvements. The total estimated project cost was approximately $1,820,900 which incorporated 2024 construction costs and included a 10% construction contingency and indirect costs in the amount of 20% of the estimated construction costs. According to the City’s Assessment Policy, benefiting properties would be assessed $3,400 per unit. This would pay for $180,788 of the project cost. The remaining $1,640,122 would be paid for by the City. He provided the proposed project schedule that showed a public hearing to be held on December 2, construction taking place June-September 2025, and an assessment hearing to be held in October 2025. Klein made motion, Miron seconded, RESOLUTION 2024-53 RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 2025 DUCK PASS, PALMES LONG LAKE ESTATES, AND INGERSOLL AVENUE N STREET IMPROVEMENT PROJECT. All Ayes. Motion carried. Council Meeting Minutes for November 4, 2024 Page 6 of 7 Visitor Presentation from County Commissioner Fran Miron Commissioner Fran Miron stated that he was in attendance for the Oakshore Park residents and said their issue was beyond the scope of the City and City Council. He talked about conversations he had with Council Member Petryk, who represented the citizens of Oakshore Park and said he couldn’t comment on details due to privacy laws. He wanted the community to know the issue had been resolved. He said the Council had safety as a number one priority and the sense of the lack of that was of concern. He said Beacon was the provider with the license and would likely house other individuals. He explained that it was the right of the property owner under State and Federal law. The providers were responsible to be in compliance regarding the home and care of residents. The County’s role was to issue the license if the homes meet the safety standards, and they make recommendations to the Department of Human Services on any issues. He provided the phone number to the Washington County Services Director saying she would be happy to have discussions with any of the residents. He said he appreciated that they reached out on this issue and wanted the residents to know their concerns were taken seriously. He said the homes were licensed and will continue to operate. Petryk said she appreciated the County’s responsiveness to this issue and their intervention. Visitor Presentation from Oakshore Park Residents Residents from the Oakshore Park Neighborhood requested to be on the agenda to provide Council a report on recent events involving a group home in their neighborhood. Ann Meyer, 12314 Everton Circle North, said she did not live in the Oakshore Park development but was in close proximity of the home at 12185 Everton Avenue North owned by Beacon. She talked about how the foster home failed to care for the child and she expressed concerns for the home and community members. She asked Council to take any and all necessary actions to ensure there are not similar situations. She listed the agencies they had been in contact with, and she provided details of incidents involving the child that they were concerned about. She talked about the lack of qualified staff at the home and how it impacted the life of the child and the lives of community members. She questioned Beacon’s operation and asked how this property qualified for a license and how they would be notified on what was happening there moving forward. Weidt explained the City did not handle the human resources end of this. It was out of the realm of what the City covered, and he talked about the people and agencies that were involved that were not a part of the City. The investigation and control of the provider of the house would be assessed at the County and State level. He acknowledge it was a bad situation. City Administrator Bryan Bear added that the City had no regulatory authority over where group homes were located, no zoning authority, and the City would not be notified when a group home is established or when residents come and go. Ann said she was not opposed to having it (group home) on the block but wanted to make sure they were safe. Ann asked how they could find out about changes. Bear explained the process can result in the review of the license for both the business and property owner, and in this situation the process did result in a change. He invited her to contact Council Meeting Minutes for November 4, 2024 Page 7 of 7 Community Services at Washington County at the contact number Commission Miron provided earlier. Weidt told Ann he appreciated her thoughtful summary, commended Petryk for doing a good job advocating for the residents, and thanked Commissioner Miron for his involvement. Reminder-Canvassing Board Meeting on Tuesday, November 12, 2024 City Administrator Bryan Bear reminded Council they were scheduled to meet as the Canvassing Board on Tuesday, November 12, 2024, in the Council Chambers. Schedule Santa Party and Tree Lighting on Wednesday, December 4, 2024 The City of Hugo’s fourth annual Santa Party was scheduled for Wednesday, December 4, 2024, from 5-7 p.m. at the Peder Pedersen Pavilion. City Administrator Bryan Bear recommended Council schedule a meeting if they wished to attend. Miron made motion, Klein seconded, to schedule the Santa Party/Tree Lighting Ceremony for Wednesday, December 4, 2024. All Ayes. Motion carried. Toy and Food Drive on Saturday, December 7. 2024 City Administrator Bryan Bear informed Council the Hugo Fire Department would be holding a Toy Drive on Saturday, December 7, 2024. Toys could be dropped off at the Hugo Fire Hall or Festival Foods from 10 a.m. -2 p.m. Emergency and Disaster Training Opportunity for Elected Officials City Administrator Bryan Bear informed Council the Washington County Emergency Management was offering training on disaster roles and responsibilities for elected officials. Training would be done by MN Homeland Security and Emergency Management Director Joe Kelly at the Washington County Government Center in Stillwater on three different dates: December 18, January 9, and February 18. Council indicated they would let staff know the dates they were available to attend. Adjournment Klein made motion, Strub seconded, to adjourn at 7:53 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council Meeting - Board of Canvass City Hall Council Chambers Tuesday, November 12, 2024 6:00 p.m. COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None Weidt called the meeting to order at 6:00 p.m. PRESENT Klein, Miron, Petryk, Strub, Weidt ABSENT: None STAFF PRESENT: City Administrator Bryan Bear and City Clerk Michele Lindau The Board of Canvass was held to allow Council to canvass the election results for the 2024 Municipal Election held on November 5, 2024. The results were as follows: MAYOR Tom Weidt 7,100 Write-Ins 313 COUNCIL WARD 2 Phil Klein 1,144 Benjamin Krull 1,394 Write-ins 23 COUNCIL AT LARGE Mike Miron 6,900 Write-ins 129 Klein made motion, Strub seconded, to approve RESOLUTION 2024-54 CANVASSING YEAR 2024 ELECTION RESULTS. All ayes. Motion carried Miron made motion, Klein seconded, to adjourn at 6:10 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk City of Hugo Claims November 18, 2024 G. 1 Vendor Invoice Amount Description Department Abdo Financial Solutions LLC 497562 2,850.00$ Accounting Assistance Finance Dept All Seasons Rental 1-97801 95.80$ Trencher Rental - Diamond Point Park Special Park Fund Amazon Capital Services 17W7-LVHL-H6GV 39.59$ Trash Can Liners - Hanifl Parks Dept Amazon Capital Services 17W7-LVHL-H6GV 33.20$ Restroom Supplies - Hanifl Parks Dept Amazon Capital Services 17W7-LVHL-H6GV 8.89$ Planner Parks Dept Apple Ford White Bear Lake 103826 728.80$ Repairs - Unit #101-15 Public Works Aspen Mills 340200 60.65$ HFD Shirt & Embroidery Fire Dept Aspen Mills 341411 79.95$ Class A Uniform Shoes Fire Dept Aspen Mills 341935 34.00$ Patches Fire Dept Batteries Plus Bulbs #031 P75429875 149.95$ Cell Phone Repairs - Maas Street Dept Catalyst Graphics Inc 40962 160.00$ Utility Bill Envelopes Water & Sewer Catalyst Graphics Inc 40963 735.40$ Utility Bill Mailing Water & Sewer Catalyst Graphics Inc 40964 3,058.77$ Utility Bill Mailing Postage Water & Sewer CC Stitcheri 11/4/2024 4,807.00$ Safety Gear Public Works Cintas Corporation 5237067603 270.44$ First Aid Supplies Public Works Cintas Corporation 5237067603 97.97$ First Aid Supplies Gen Gov't Bldgs Companion Animal Control LLC September 957.90$ Callout Fees & Mileage Animal Control Companion Animal Control LLC October 1,315.22$ Callout Fees & Mileage Animal Control Cummins Sales and Service E4-241076570 315.89$ Quarterly Generator Maintenance Public Works Emergency Technical Decon 1658 371.30$ Turnout Gear Cleaning & Repair Fire Dept Environmental Equipment & Services Inc 24397 3,300.00$ Gutter Brooms - Unit #314-16 Street Dept Fire Catt LLC 15127 3,090.00$ Fire Hose Testing Fire Dept Forest Lake NAPA October 520.89$ Auto Parts & Shop Supplies Various Gopher State One Call 4100488 591.30$ October Service Charges Water & Sewer Home Depot Credit Services 9521085 24.97$ Parts Organizer Cart Parks Dept Home Depot Credit Services 9696226 347.00$ Toolbox (2) Parks Dept Home Depot Credit Services 9141333 (59.96)$ Parts Organizer (2) (Returned) Parks Dept Innovative Office Solutions LLC IN4677635 30.80$ Election Supplies Elections Innovative Office Solutions LLC IN4679138 25.83$ Election Supplies Elections Interstate Battery System of Minneapolis 110059562 152.95$ Battery - Unit #122-24 Water & Sewer Interstate Battery System of Minneapolis 110059562 53.15$ Batteries Public Works Jefferson Fire & Safety Inc IN316968 216.10$ TFT Adapters Fire Dept Jefferson Fire & Safety Inc IN319404 61.59$ Ice Picks Fire Dept Jefferson Fire & Safety Inc IN319889 7,739.85$ Honeywell Coats & Pants Fire Dept Jefferson Fire & Safety Inc PB001831 15,482.95$ Honeywell Coats & Pants Fire Dept Jefferson Fire & Safety Inc CM000128 (45.60)$ Honeywell Suspenders (Returned) Fire Dept Jefferson Fire & Safety Inc IN315248 (250.00)$ Gear Credit Fire Dept Johnson/Turner September 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner September 294.95$ Disbursements (Prosecution Costs) General Legal Johnson/Turner September 10,278.25$ Civil Legal Fees - See Attached Breakdown General Legal Kath Fuel Oil Service Co. 12320094 6,006.22$ October Unleaded Gas & Diesel Purchases Various Knowlan's Super Markets Inc 5164 68.71$ Bus Tour Supplies Administration Landform 36081 5,592.84$ Residential Zoning Code Update Planning & Zoning Laughlin's Pest Control 67836 97.75$ October Pest Control Service Gen Gov't Bldgs Laughlin's Pest Control 67974 150.00$ Pest Control Service - 14715 Forest Blvd Rental Properties Lindau, Michele CLAIM 411.00$ Election Judge Supplies Elections Lindau, Michele CLAIM 43.29$ Election Judge Supplies Elections Lindau, Michele CLAIM 57.64$ Election Mileage Elections Lindau, Michele CLAIM 29.98$ Canva Subscription (Sept - Oct) Administration Menards 45126 22.04$ HVAC Repairs (CH) Gen Gov't Bldgs Menards 45126 48.27$ HVAC Repairs (PPP) Parks Dept Menards 45127 375.18$ Fire Department Supplies Fire Dept Menards 45530 11.96$ Faucet Hardware (RLC) Gen Gov't Bldgs NAC Mechanical Corp 40003391 2,071.05$ HVAC Repairs (CH) Gen Gov't Bldgs Oxygen Service Company 3599293 113.81$ Welding Supplies Public Works Pomp's Tire Service Inc 150185905 390.22$ Tires - Unit #106-13 Water & Sewer Pomp's Tire Service Inv 150186190 1,163.65$ Service Call & Tire Repairs - Unit #317-06 Street Dept Safe-Fast Inc INV298772 99.00$ 4-Gas Meter Calibration Sewer Utility Safe-Fast Inc INV298772 189.00$ Parts - 4-Gas Meter Sewer Utility SealTech Inc 1466 27,500.00$ Basketball Court & Trail Installation - Diamond Point Park Special Park Fund SiteOne Landscape Supply LLC 146239212-001 194.76$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 146283661-001 141.31$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 146853097-001 1,022.46$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 146853097-001 493.36$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 147077207-001 1,099.31$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 147077207-001 (1,022.46)$ Irrigation Hardware (Returned) Parks Dept Page 1 City of Hugo Claims November 18, 2024 G. 1 Vendor Invoice Amount Description Department SiteOne Landscape Supply LLC 147653199-001 647.66$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 146117089-001 (520.50)$ Drain Tile Pipe - Diamond Point Park (Returned) Special Park Fund Stabner Electric LLC 4575 127.50$ Electrical Work - Well No. 4 Water Utility T.A. Schifsky & Sons Inc 70736 397.19$ Asphalt Street Dept Total Control Systems Inc 11431 7,140.00$ Flowmeter & Installation - Well No. 3 Water Utility Total Control Systems Inc 11431 442.70$ Tech Labor & Parts - Lift Station No. 7 Sewer Utility UniFirst Corporation 1410098268 10.55$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410098270 159.62$ Uniforms, Supplies & Floor Mat Services (PW) Public Works US Bank 7513729 500.00$ Paying Agent Fees Sinking Fund Verizon Wireless 9977051614 23.38$ Cellular Phone Charges Public Works Verizon Wireless 9977051615 20.02$ Cellular Phone Charges Fire Dept WSB & Associates September 35,891.82$ Engineering Fees - See Attached Breakdown Various 154,065.03$ Total Claims for November 18, 2024 Page 2 Year Area Improvement Total Street Total TrailTotal Street and TrailBeaver Ponds (129th, 128th, Ferrera, Fiona, Flay, Fondant)Mill and Overlay ‐ Urban $1,189,200.00 $60,000.00Ingersoll AvenueReclamation ‐ Rural $422,000.00Janero AvenueReclamation ‐ Rural $383,100.00136th StreetReclamation ‐ Rural $600,400.00Farnham AvenueTrail Remove/Replace $73,000.00$2,594,700.00 $133,000.00$2,727,700.00Fenway Boulevard, 130th Street, Farnham Avenue and 140th StreetReconstruction ‐ Urban and Reclamation $3,116,200.00 $595,000.00Europa Court NTrail Remove/Replace $62,000.00* Elmcrest Paving (158th Street to 170th Street)Pave Gravel Roadway $400,000.00**165th Street Paving (Elmcrest Ave to TH 61)Pave Gravel Roadway $1,200,000.00$4,716,200.00 $657,000.00$5,373,200.00Fable HillReclamation ‐ Urban $1,118,200.00Fable HillReconstruction ‐ Urban $2,275,900.00Jardin Avenue, Garden Way, Arbre Lane, Poets Green Reclamation ‐ Urban $1,025,300.00***Fable Hills Bridge (Bridge 82532) ‐ LPI 56 Reconstruct $400,000.00***Forest Road Bridge (Bridge L8186) ‐ LPI 38 Reconstruct $350,000.00$5,169,400.00 $237,000.00$5,406,400.00Hyde Avenue N, Ingersoll Avenue, Irish Avenue, 121st StreetReclamation ‐ Rural $2,496,700.00CSAH 82" Trail Overlay $216,000.00$2,496,700.00 $216,000.00$2,712,700.00Heritage ParkwayReconstruction ‐ Urban and Reclamation $2,612,800.00 $220,000.00$2,612,800.00 $220,000.00$2,832,800.00$17,589,800.00 $1,463,000.00$19,052,800.00* Joint Lino Lakes project. City Share shown.**One development access will create high trafficvolumes on 165th. Development sizes will be of size that can't construct 165th on their own***State Bridge Bond Eligible. City Share shown. State Bridge Bond fund is currently zero. Timing of project is contingent on funding availability.2025 ‐ 2029 Capital Improvement PlanCity of Hugo, MnTotal 2025 ImprovementsTotal 2026 Improvements20252026202720282029Total 2029 ImprovementsTotal 2027 ImprovementsTotal 2028 Improvements$237,000.00 Legend City Mask October 14, 2024 Map Powered By Datafi ± 1 in = 2,500 Ft 2025 Remove and Replace 2026 Remove and Replace 2026 Construct New Trail 2027 Remove and Replace 2028 2" Overlay 2029 Remove and Replace 2024 5-Year Trail CIP )s )s GgWX GgWX GgWX GgWX GfWX S¸ GcWX GcWX Oneka Lake Rice LakeEgg Lake 120th St N120th St NCounty Rd J E 147th St N24th AveGenevaAveN I sl et onAveNFarnhamAveN 1 5 9th St N FalconCirN149th St N Frenchma n R d F r e nc hma n Rd 141st St N Geneva AveN Empress Way N FerraraAveN162nd St N 158th St N180th St N 170th St N EmeraldDrN 122nd St N 132nd St N 170th St N 157th St N EmpressD r N GoodviewA v e NEduca tio n Dr N 137th St N F o n d a n t T r ailNFarnhamDrN162nd S tN Farnham Dr N 136th St N 125th St N F anningDrNB ald Eagle Point 145th St NOnekaPkwyNEmpressAveN 132nd St N 142nd St N 145thCirN150th St N EvertonAveN138th St NValjeanBlvdN 157th Way Ct N Victor P athNFoxhillAveN150th St N Fai roaks C i r NFoxhillAveNFondant Ct N Private R dGenevaAveNFlay R d N162nd Way N FenwayBlvd Ct N 161st St N FerraraAveNElmcrestAveNOnekaLakeB lvdNFrench Dr N EuropaTrailNFondantTra ilN24th AveLeopold Ln129thStN Fiona Cir NEthanTrailN FinaleAveN144th St NGoodviewTrailAlcoveN 151 s tS t N 130th Way NVictorH ugoBlvdN129 t h D r N 135th Ct NFalconAveNElmcre st A v e NFarnhamAveNEuropa B a y N 135th St N 150th St N159th Cir N157th Way N ExhallAveNEg g L a k e R d N 131stAl coveN141st Ci r N14 8 th S t NFairoaksAveNEnfieldAveN159thCtN EnfieldAveNOnekaPkwyNV icto rP a th 131st Ct N126thS t N159thAlcoveNF o x h illA v eN141st St N Prairie T r ail C t NEu r o p a Av e NG r a n t a i r e L n N 138thStN 146th St NHeritagePkwyN 128th St N E uropaTra ilN FreelandAveN131st St NFinley Bay N1 4 5t h A lc o v e NOnekaPkwyN 141st Ct N FionaAveN124thStN GoodviewAveNG e n e v a AveN145th St N Fa bleR d N128th St N Goodview TrailN Final e AveNGlenbrookAveNFitzgeraldAveNFinleyAveN1 3 0 th St N F airbanksAveNGenevaAveNGreeneAveN157th St N He r itage P k w y N KeystoneAveN162ndCirN157thStN 142ndCirN 141st St N 120th St NCo s e tt eLnNRosemaryWayN 158thStN 165th St N 162n d Ct N 136th S t NEmp ireD rNFlintCirNFlayAveN124th St Ct NF lo ra Way N FreelandAv e N152nd St N 124thStCirN EuropaAveN 1 3 6 th S t C i r NGreystoneAveNFensonCtN E u r o paCtNGlenbrookAveNPrairieTra ilN FletcherLnNGreyston e AveNIngersollAveNFreelandAveNForest Rd NFlayAveN1 4 5 t h B a y NP re s e r veCtN125th St Ct N 122ndSt N JulyAveNFenwayAveN140th St N E v e r g r e e nDr N FrancescaAveNEuropaAveNEvertonAveNFalkDrN121st St NEmpressAveN HennaAveN140th St N 137th St Ct N1 2 6 th S t C t NEthanAveNEvertonAveNFarnhamAveNFairpointDrN1 7 5 t h St N 159th St N EuropaAveNGreystoneCt N128thStN Freela n d C t N IvanAveNFenway Blvd N174th St N Fo u n t a i nAveNF able R d C tN 173rd St N OnekaPkw yN158th St N FenwayA v e NE vertonAveNFondantAveNFlayAveN142nd St N 143rd C t NGenerati onAveNGreystoneAveN157th S t N 1 6 5thStNEvergreenAv e N 13 4 t h S tN130th St N 138th Ct N Pr ivateR d Gallivan C t NFalconAveN163rd St N 130th St N Keller Ave N 126th St NFerraraAveN IrishAveN125th Ln N FrancescaAveNFinleyAveNFenwayBlvd C ir N 1 3 8 t h St N 140th St N GenevaWayN 147th St NOneka P k w yNH adle y CirNFarnhamAveN120th St N 147th St N 146th St NEmpressAveN FalconCtN1 5 2nd St N 125th St N 1 3 0th L nN EvertonCi rN130th St NFosterDrN Foxhi l l A veNHeatherAveN151st St N JaneroAveNFr e edomDrN15 0 th StNUpperHeatherAveNFlayRdNIsletonAveNIrishAveNFenwayAveNFlayA ve N IngersollAveN132nd St N 136thStCtNFairoaksAve N 152ndStN FableHill W a y N130th St N Ingersol l AveN121st St NHiloAveNFoxhillAveN155th St N GoodviewAveN1 2 9 t h S t N HennaAveNKerryCtN126th St NKeys t oneAveNIlliesAveN180th St N 136th StN Hilo C t NInwoodAveNHennaAveNFenwayAveN180th St N IngersollAveN175th St N KellerAveN177th St N F i o n a Av e N147th St N IngersollAveNHomesteadAveNHomesteadDrNElmcrestAveN152nd St N 130th St N JodyAveNHarrowAveNHydeAveNHomesteadAveN137th St N 152nd St N KeystoneAveNKeystoneAveN140th St NJeffreyAveNGarden Way N F a b le Hill PkwyN 136th St NGarden Way NFab l e Hill PkwyNHeritage P k w yNFerraraAveNArbr eLnNFable Hill Pkwy N H e r itagePkwy N 128th St N 128th St N FionaRdNFondant Trail NFerrara Dr N 136th S t NJardinAveN127th StN 1 3 6 t h S t C i r N125th St Ct N 140th St N 125thStCirNFabl e HillPkw y N I sl et onAveN130th St N 125 t h St N 129th StN 130th S t N Fondan tT r ail N 130th St N 126th St N IrishAveNFarnhamAveNJaneroAveNFlayRdN136thStCtN130th St N Ingers ollAveN121st St NFenway Blvd N136th St N IngersollAveNHydeAveN2025 Street Improvement Project Mill & Overlay Reclamation 2026 Street Improvement Project Reconstruction - Urban Reclamation 2027 Street Improvement Project Reconstruction - Urban Reclamation 2028 Street Improvement Project Reclamation 2029 Street Improvement Project Reconstruction - Urban Reclamation Parcel Boundaries City Boundary Lakes Parks 0 3,500 Feet¯2025 - 2029 Capital Improvement Plan City of Hugo, Mn Document Path: K:\023507-000\GIS\Maps\Capital Improvement Plan\Capital Improvement Plan.aprx Date Saved: 8/26/2024 1:09 PM1 inch = 3,500 feet (Space above line reserved for recording information) RESOLUTION NO. 2024- RESOLUTION OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, AMENDING PROVISIONS OF DEFERRAL OF A SPECIAL ASSESSMENT PIN 31.031.21.34.0009 WHEREAS, the City Council adopted Resolution No. 2011-33 on October 3, 2011; and, WHEREAS, the City Council deems it advisable and in the best interest of the f Hugo to amend the provisions of Resolution No. 2011-33 permitting a deferral of special assessments in connection with the property identified by Property Identification Number 31.031.21.34.0009, and owned by Be There, Inc. per Washington County property records; and, WHEREAS, the special assessment policy of the City of Hugo permits the deferral of assessments for unimproved property; and, WHEREAS, the property identified by Property Identification Number 31.031.21.34.0009 is currently considered unimproved property. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Hugo that the following assessment shall be deferred: 1. Assessment Amount. The present total of the assessments related to the South Ethan Avenue improvement project for the subject property are $17,817.38. 2. Improvements to the property include provision of street access, sanitary sewer and water service; however, the property is unimproved and therefore eligible for a deferment. Resolution 2024- 3. Accordingly, the City approves a deferment of the assessment for the subject property until such time as the property is improved through the construction of a dwelling. 4. Interest on Deferred Assessment. The deferred special assessment shall not be subject to interest, and all interest accrued to the date of this resolution is hereby forgiven. 5. Termination of Deferral Status. The deferral of the assessment shall end upon the improvement of the parcel and the assessment be payable in full at the time the improvement is approved through City Council action or with the approval of a building permit. WHEREUPON, said Resolution was declared duly passed and adopted by the City Council for the City of Hugo this 18th day of November 2024 Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk Agenda Number G.5 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Jim and Laurie Stodola, 12757 Homestead Drive North – Variance request from the shoreland overlay district rules to allow construction of a deck to be 56 feet from the ordinary high-water level of Sunset Lake, where a structural setback of 100 feet is required by ordinance. DATE: November 13, 2024 for the City Council meeting of November 18, 2024 ZONING: Rural Residential (RR) LAND USE: Large Lot Residential (LL) REVIEW DEADLINE: November 25, 2024 1. BOARD OF ZONING MEETING UPDATE: The Board of Zoning Appeals and Adjustments will consider the request at its Thursday, November 14, 2024 meeting. Staff will provide a written update to the City Council regarding the Board’s recommendation prior to the City Council meeting of November 18, 2024. 2. DESCRIPTION OF REQUEST: The applicants are asking for a variance to construct a deck to be attached to the east side of the house. The requested variance is to allow for the deck to be located 56 feet from the ordinary high-water level (OHWL) of Sunset Lake. Section 90-137 – Shoreland District in City Code classifies Sunset Lake as a Recreational Development (RD) lake, and requires a minimum structure setback of 100 feet from the OHWL. The proposed deck would be constructed on the southern side of the property and would be in-line with the existing house. The property is approximately 1.09 acres and is located within the Rural Residential (RR) zoning district. Stodola Variance – 12757 Homestead Drive North Page 2 2 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties to the north, west, and south are zoned Rural Residential (RR) and are designated as Large Lot Residential (LL) in the 2040 Land Use Plan. The surrounding properties range from 1-3 acres in size and are occupied by single-family homes. B. Natural Characteristics of the Site The property has some sloping terrain with a steep slope in the rear going towards Sunset Lake. The property is located within the shoreland overlay district and is subject to the shoreland rules under Section 90-137 of City Code. There are no known wetlands on the site. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Decks are allowed in the RR zoning district. The proposed deck would be constructed in- line with the existing house. There is an existing line of trees and vegetation that provide adequate screening from the view from the neighboring property to the south. The proposed deck meets all other building requirements outlined in city code. The proposed variance is a reasonable use. Stodola Variance – 12757 Homestead Drive North Page 3 3 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; This property, along with several neighboring properties on the shore of Sunset Lake, have houses that were likely constructed prior to the adoption of shoreland rules regulating structural setbacks from lakes. A large portion of the existing house is currently located within the required 100-foot setback from the OHWL of the lake. Construction of the deck in a location where it meets the shoreland setback requirement would place the deck in front of the house and facing the road, rather than behind the house and facing the lake. Any deck on the east side of the house would require a variance. The requested variance is due to unique circumstances. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. The deck would be placed behind the house, meaning that it would not be visible from view of the road, and will be screened from the view of adjacent properties by existing trees. The view from the public water would not be significantly altered because the deck is proposed to be constructed in-line with the existing house. The requested variance would not alter the essential character of the neighborhood, It is in staff’s opinion that the proposed deck has practical difficulties in meeting the ordinance standard. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the minimum setbacks outlined in the shoreland ordinance is to protect the view from public waters from being dominated by buildings. The deck would be constructed in-line with the existing house, and would not significantly alter the view of the house from the lake. The Minnesota Department of Natural Resources (DNR) administers the state shoreland rules (MR 6120.2500 – 6120.3900) and makes recommendations on variance requests for local shoreland ordinances. The DNR area hydrologist has reviewed the proposal, and recommends that if the variance is approved that the City apply conditions to mitigate potential impacts. Staff is requiring that all existing trees will remain as a condition of approval in the variance resolution. Staff is of the opinion that the requested variance meets the spirit and intent of the shoreland ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Decks are permitted in the RR zoning district. Stodola Variance – 12757 Homestead Drive North Page 4 4 (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property where the deck is proposed is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by a well and septic system. 6. CONCLUSION AND STAFF RECOMMENDATION: It in staff’s opinion that the applicant meets the requirements to approve a variance outlined in city code. Staff recommends approval of the variance request subject to the conditions in the resolution. 7. BOARD OF ZONING RECOMMENDATION: The Board of Zoning Appeals and Adjustments will consider the request at its Thursday, November 14, 2024 meeting. Staff will provide a written update to the City Council regarding the Board’s recommendation prior to the City Council meeting of November 18, 2024. ATTACHMENTS: 1. Location Map 2. Resolution 3. Site Plan 4. MnDNR Shoreland Variance Guide 5. Letter of Support from Neighbor RESOLUTION 2024-__ APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A DECK WITHIN THE SHORELAND SETBACK REQUIREMENTS OF SUNSET LAKE FOR THE PROPERTY LOCATED AT 12757 HOMESTEAD DRIVE NORTH WHEREAS, Jim and Laurie Stodola have requested approval of a variance to allow construction of a proposed deck to be located 56 feet from the ordinary high-water level of Sunset Lake, where a setback of 100 feet is required by ordinance, on property legally described as follows: Lot 10, Block 1, Royalhaven Estates, Washington County, Minnesota. WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at a duly called public hearing on November 14, 2024, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 26, 2024. 2. The proposed variance is permissible by law. 3. The proposed deck would be constructed in-line with the rear of the existing house, there are existing mature trees that provide screening from the view of neighboring properties, and the proposed deck meets all other building requirements, establishing the deck as a reasonable use. 4. The existing house is already located within the minimum shoreland setback, and construction of the deck in a location that meets the shoreland rules would place the deck in front of the house, facing the road and significantly altering the view of the house from the road, creating unique circumstances that are not created by the landowner. 5. The proposed deck would be located behind the house, and will be screened from the view of neighboring properties by existing trees. The proposed deck being constructed in-line with the existing house will not significantly alter the view from the public water. The requested variance will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. 7. The spirit and intent of the setbacks within the shoreland ordinance is to protect the view from public waters from being dominated by buildings. Since the deck will be constructed in-line with the existing house, the requested variance will not significantly alter the view of the house from the public water. The variance as requested meets the spirit and intent of the ordinance. 8. The use is allowed in the RR zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water. Resolution 2024-23 Page 2 11. In order to mitigate the visual impact of the requested variance, all existing trees in the rear of property are required to remain or replaced if removed. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Jim and Laurie Stodola to construct a deck to be located 56 feet from the ordinary high-water level of Sunset Lake, where a setback of 100 feet is required by ordinance, for the property located at 12757 Homestead Drive North. ADOPTED by the City Council this 18th day of November, 2024. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Page 1 of 2 Variance Guidance Series – OHWL Setback, Updated 10/10/2012 Shoreland & Floodplain Variance Guidance Series This is one of a series of examples developed as guidance for considering variance requests along lakes and rivers. Consult your local shoreland, floodplain, and river‐related ordinances. Why are setbacks from the OHWL important? The Ordinary High Water Level (OHWL) is a dynamic area of high biodiversity and ecological function, as well as the regulatory line that separates local land use and state public waters jurisdictions. Setbacks from the OHWL are established in statewide rules and administered through local ordinances to ensure adequate spacing between structures and public waters to protect against runoff and pollution, and to preserve the natural shoreline. Local governments have limited discretion to deviate from - or grant a variance to - a required setback. They may do so only if all of the variance criteria established in state statutes and their local ordinances are met. In evaluating such requests, local governments must examine the facts, determine whether all statutory and local criteria are satisfied, and develop findings to support the decision. If granted, local governments may impose conditions to protect resources. An example OHWL variance request, with considerations, is provided below. Example OHWL Setback Variance Request A property owner requests a variance to construct a 1000 square foot addition on an existing home on a lake. The proposed addition would be located 75 feet from the OHWL of the lake instead of 100 feet as required by the local shoreland ordinance. The property owner claims that the addition is needed to provide extra space for a growing family, that it will improve the value and appearance of the property, and that there is no other reasonable location on the property due to the design of the home and an adjacent wetland. Considerations for Findings A good record and findings help keep communities out of lawsuits and help them prevail if they find themselves in one. In evaluating the facts and developing findings for this variance request, all of the following statutory criteria must be satisfied, in addition to any local criteria:  Is the variance in harmony with the purposes and intent of the ordinance? Considering a variance request is a balancing test that requires weighing the need of an individual property owner against the purposes of the local shoreland regulations - in this case a setback from the OHWL - for protecting public waters. Statewide Shoreland Management Rules establish structure setbacks from the OHWL for several reasons, including but not limited to managing the effects of shoreland crowding, preventing pollution of surface water, and maintaining property values and natural characteristics of shorelands. These regulations are implemented through local ordinances. Considerations: What are the purposes of the OHWL setback as established in the local shoreland ordinance – what is it intended to prevent or protect? Will deviating from the required OHWL setback on this property undermine the purposes and intent? Why or why not?  Is the variance consistent with the comprehensive plan? The local comprehensive plan establishes a framework for achieving a community’s vision for the future. Most plans contain goals and policies for protecting natural resources and shorelands, as well as maps that identify areas of high risk or with high ecological value where development should be avoided. The variance request must be considered with these goals and policies in mind. Maps should be consulted to determine if the property is within any areas identified for protection. Considerations: Which goals and policies apply? Is allowing structural encroachment within the OHWL setback area on this property consistent with these goals and policies? Why or why not? OHWL Setbacks Grading Limits Page 2 of 2 Variance Guidance Series – OHWL Setback, Updated 10/10/2012  Are there unique circumstances to the property not created by the landowner? Unique circumstances relate to physical characteristics of the land such as lot dimensions, steep slopes, poor soils, wetlands, and trees that prevent compliance with the required setback. These do not include physical limitations created by the property owner or personal circumstances such as a growing family or design preferences. Consider what distinguishes this property from other shoreland properties to justify why the applicant should be allowed to deviate from the required setback when others must comply. Considerations: What physical characteristics are unique to this property that prevent compliance with the setback requirement? Were any difficulties in meeting the setback created by some action of the applicant? Has the applicant demonstrated no other feasible alternatives exist that would not require a variance?  Will the variance, if granted, alter the essential character of the locality? Consider the size of the proposed structure, the extent of encroachment, and how it relates to the shoreline and hydrology of the riparian area. A large addition and associated grading close to the shoreline can detract from the natural appearance and character of the lake and its riparian areas and degrade water quality by altering topography, drainage, and vegetation in the riparian area, negatively affecting recreational, natural, and economic values. Considerations: Does the variance provide minimal relief or a substantial deviation from the required setback? Does it affect the natural appearance of the shore from the lake? Does it affect the hydrology of the area?  Does the proposal put property to use in a reasonable manner? Examine the reasons that the variance is requested and evaluate them in light of the purposes of the local shoreland ordinance and the public water resource at stake. The OHWL setback is generally intended to keep development away from the water’s edge and to maintain the natural characteristics and function of the shoreline. As such, development within the setback area should only be considered when no other alternatives exist, particularly if the public water at stake is impaired or at risk of becoming impaired. Considerations: Has the applicant demonstrated that the proposed addition is reasonable in this location given the sensitivity of the riparian area, any known water quality impairments, and the purposes of the setback regulations? How or how not? Note: The last three criteria address practical difficulties. Economic considerations alone cannot create practical difficulties. Range of Outcomes Based on the findings, several outcomes can occur:  If the applicant fails to prove that all criteria above are met, then the variance must be denied. For example, the local government may find the proposed size and design of the addition creates the circumstances necessitating a variance rather than unique physical characteristics of the property.  If the applicant demonstrates that all criteria are met, then the variance may be granted. For example, the local government may find that the circumstances are unique given the adjacent wetland, that the encroachment of the addition within the setback is reasonable given its orientation, that it won’t alter the hydrology and natural characteristics of the riparian area, and that there would be no other impacts.  If the variance is granted and the addition in any way affects the setback area or public water, then conditions may be imposed to mitigate the impacts. For example, the local government may find that the addition increases the home’s visibility from the water and that the associated grading alters the hydrology of the area, and impose conditions such as reducing the size of the addition, decreasing the amount of grading involved, requiring tree protection measures, and requiring rain gardens to infiltrate additional runoff. Conditions on Variances If findings support granting the variance, consideration must be given to the impacts on the lake or river and the riparian area, and appropriate conditions to mitigate them. Conditions must be directly related and roughly proportional to the impacts created by the variance. Examples are provided below:  Additional impervious coverage within the setback area – require a smaller addition, rain garden, riparian buffer, or other method to reduce and/or infiltrate additional runoff before entering the lake;  Increased crowding and visibility of structures from the lake – require the planting of native trees, shrubs, and grasses to reduce the visibility of the structure and maintain natural characteristics; and/or  Reduced natural characteristics and habitat – require protection of existing trees during construction and/or restoration of an equivalent area within the setback to native vegetation to maintain the natural characteristics and ecological functions of the riparian area (which also treats stormwater). More information at: www.dnr.state.mn.us/waters/watermgmt_section/shoreland/variances.html Agenda Number: G.6 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Capstone Homes, Inc. – Encroachment agreement to allow a retaining wall within a drainage and utility easement on property located at 4803 163rd Street North. DATE: November 13, 2024 for the City Council meeting of November 18, 2024 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: January 12, 2025 1.DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a retaining wall within a drainage and utility easement on property located at 4803 163rd Street North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 2.CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 4803 163rd Street 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 RETAINING WALL WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 4803 163RD STREET NORTH WHEREAS, an application has been filed by Capstone Homes, Inc. that requests approval of an encroachment agreement to allow construction of a retaining wall within a drainage and utility easement on the property located at 4803 163rd Street North, legally described as follows; Lot 3, Block 7, Oneka Prairie, 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 4803 163rd Street North. ADOPTED by the City Council this 18th day of November, 2024. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Memorandum To: Hugo City Council From: Max Gort, Associate Planner Date: November 13, 2024, for the Planning Commission Meeting of November 18, 2024 Re: Update on the Draft Cannabis Ordinance 1.BACKGROUND: By enacting Minnesota Statutes 2023, Chapter 342, the Minnesota Legislature has provided a regulatory framework for the sale and manufacturing of cannabis and hemp products, the licensing of cannabis and hemp businesses, and establishes a State Agency known as the Office of Cannabis Management (OCM). Section 342.13 of the act allows a local unit of government to adopt “reasonable restrictions on the time, place, and manner” of the operation of cannabis businesses. On July 10, 2023, the City Council enacted a 12-month moratorium on the sale, testing, manufacturing, and distribution of cannabinoid products within the city, that was extended on August 5th, 2024 until January 1, 2025. The City Council gave some high-level direction to staff at a workshop on April 22, 2024 which included not prohibiting use of cannabis in public places, not to consider a municipal cannabis store, and not to increase the limit of retail registrations beyond the minimum required by state statute. At that time, the OCM had not published any additional guidance for local governments. On September 3, 2024, the OCM released its most recent guide for local governments as well as a model cannabis ordinance. Staff has begun to draft an ordinance relating to and regulating cannabis businesses within the City of Hugo, which would include definitions of cannabis businesses, a procedure for registering cannabis retailers within the city, zoning and land use designations for cannabis businesses, performance standards for cannabis businesses, and processes related to temporary cannabis events. Staff is seeking Council direction on a number of items within the draft ordinance, including proposed zoning, buffer requirements, proposed fees, and temporary cannabis events. 2.STAFF RECOMMENDATION: Staff recommends the City Council discuss items presented related to the cannabis ordinance. Staff recommends that the City Council direct the Ordinance Review Committee to review the draft cannabis ordinance. Staff recommends that the City Council set a public hearing on the draft cannabis ordinance at the Planning Commission meeting of Thursday, December 12, 2024. J.1 2 YOU ARE INVITED! You are invited to attend a ribbon cutting for the North Environmental Center Project! All of you have been a part of this important project and now, after years of work, we are excited to celebrate the project’s completion! EVENT INFORMATION Monday, December 2, 2024 3 – 4:30 p.m. North Environmental Center (6065 Headwaters Parkway, Forest Lake, MN 55025) – Please note this address is not found on Google Maps yet. A map will be sent out closer to the event date. Snacks, light refreshments, and an opportunity to explore the building will occur at 3 p.m. Starting at 3:15 p.m. we will have guest speakers followed by a ribbon cutting photo opportunity. Please plan on arriving early as we will start promptly at 3:15 p.m. Tours of the building will be available by staff after the ribbon cutting for those interested. WHERE TO PARK Parking will be available onsite in the parking lot of the North Environmental Center. Overflow parking will be available in the loading dock area. Look for the parking attendants in the yellow safety vests for direction. No need to RSVP, but please attend if you are able. We want to recognize and celebrate all that have contributed to this project. If you have any questions, do not hesitate to reach out anytime. Thank you, Washington County 111/14/2024 2:04 PMSu Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30November 2024Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31December 2024November 2024Oct 2728293031Nov 1234567897:00pm City Council10111213141516Veterans Day6:00pm Board of Canvass (Hugo Council Chambers) - 6:30pm BOZA7:00pm Planning Comm171819202122237:00pm City Council5:30pm EDA6:30pm Hist Comm4:30pm Legislative Reception (Tria Restaurant (5959 Centerville Rd, North Oaks, MN 55127)) - 7:00pm Parks Comm24252627282930Thanksgiving6:30pm BOZA7:00pm Planning CommSUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 211/14/2024 2:04 PMMichele LindauSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31December 2024Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30 31January 2025December 2024Dec 12345673:00pm Environment Center Ribbon Cutting (6065 Headwaters Parkway)7:00pm City Council5:00pm Santa Party (PPP)5:30pm Holiday Party (PPP)10:00am FD Toy and Food Drive8910111213146:30pm BOZA7:00pm Planning Comm151617181920217:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm22232425262728Christmas6:30pm BOZA7:00pm Planning Comm293031Jan 1, 25234SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY