HomeMy WebLinkAbout2019.04.15 CC Packet14669 Fitzgerald Avenue North • Hugo, MN 55038
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. March 29, 2019, PTA Game Night
2. April 1, 2019, City Council Meeting
3. April 6, 2019, Kidz `n Biz
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
AGENDA
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, APRIL 15, 2019 — 7 P.M.
1. Presentation of Certificates of Appreciation to Forest Lake High School Students
2. Presentation of Commissioners Award by Commissioner Miron
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. Approval of Claims
2. Approve Scope of Work for Public Works Facilities Study
3. Approve Special Event Permit for New Life Church Summer and Fall Events
4. Approve Extension of Site Plan and Variances for Multifeeder Technology in the Bald
Eagle Industrial Park
5. Approve Matt Drew as Safety Lieutenant on the Hugo Fire Department
6. Approve Lawful Gambling Exempt Permit for MSOLE at the Hugo Legion on June 9, 2019
7. Approve Resolution Approving Application for CDA Grant for Hopkins Schoolhouse
8. Approve Wetland Replacement Plan for Rosemary Apartments
9. Approve Wetland Replacement Plan for 165t" Street Solar Farm
10. Approve Resolutions Approving Oneka Place 3rd Addition Final Plat and Development
Agreement
H. UNFINISHED BUSINESS
1. Update on Waters Edge Water Reuse Project Phase 11
I. NEW BUSINESS
1. Rosemary Apartments Site Plan, CUP, and Frenchman Place 4th Addition Final Plat
J. VISITOR PRESENTATIONS
1. None Scheduled
K. COUNCIL PRESENTATIONS
1. Update on the Yellow Ribbon Network
L. ADMINISTRATIVE PRESENTATIONS
1. Railroad Open House April 17, 2019
2. Schedule VIP Dinner at the Hugo Legion on Tuesday, April 23, 2019
3. Metro Cities Annual Meeting on Wednesday, April 24, 2019
4. East Metro Water Workshop on Thursday, April 25, 2019
5. Schedule Workshop on Community Parks Funding for Monday, April 291h or May 13th
6. Fire Department Live Burn Saturday, May 4, 2019
7. Law Enforcement Day on Wednesday, May 15, 2019
8. Hugo Fire Department Waffle Breakfast Saturday, May 18, 2019
M. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON APRIL 15, 2019
D.1 Minutes for the March 29, 2019, PTA Game Night
D.2 Minutes for the April 1, 2019, City Council Meeting
D.3 Minutes for the April 6, 2019, Kidz In Biz
Staff recommends Council approve the above minutes as presented.
F.1 Presentation of Certificates of Appreciation to Forest Lake High School Students
Council Member Haas will present Certificates of Appreciation to Forest Lake High School
Students Tayler Williamson and Mikayla Whitehill for their volunteer efforts supporting the
Yellow Ribbon Network.
F.2 Presentation of Commissioners Award by Commissioner Miron
Washington County Commissioner Fran Miron will present the Commissioners Award to Council
Member Beck Petryk for her work on the Transportation Advisory Board on behalf of
Washington County.
G.1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Scope of Work for Public Works Facilities Study
With direction from the City Council's goals and priorities, city staff has solicited proposals for a
Public Works Department building space needs study. City Administrator, Bryan Bear, Public
Works Director, Scott Anderson, and Lead Worker, Mike Loeffler, met with several firms
experienced in site and building planning and design. After comparing three proposals based on
price, experience and references, Staff is recommending acceptance of the proposal submitted by
Jeffery Oertel of Oertel Architects in the amount of $12,500. Oertel Architects has extensive
experience in the planning and design of public works facilities and understands the needs of a
Public Works Department. Staff is requesting Council approval for acceptance of the proposal
submitted by Jeffery Oertel of Oertel Architects in the amount of $12,500.
G.3 Approve Special Event Permit for New Life Church Summer and Fall Events
New Life Church, 6000 148th Street North, has applied for a Special Event Permit to hold outdoor
events on Sunday, June 9 and Sunday October 6, 2019. A Special Event Permit approved by
Council is required because they will be using an amplified sound system. The June event will be
an outdoor service at 9 a.m. followed by a potluck. The October event is an outdoor gathering
from 2-5:30 p.m. with a small band, hayrides, and outdoor games. Staff recommends Council
approve the Special Event Permit for New Life Church for their Spring and Fall events.
GA Approve Extension of Site Plan and Variances for Multifeeder Technology in the Bald
Eagle Industrial Park
At its August 6, 2007, meeting, the City Council approved the site plan and variances for a 28,000
square foot manufacturing building submitted by Multifeeder Technology. Approval for site plans
expire one year after City Council approval, if a building permit is not approved and construction
has not started on the building. The applicant did not construct the building. The applicant is
requesting an extension of the site plan and variance approvals. Staff recommends approval of the
extension of the site plan and variances, subject to all conditions listed in the approving
resolutions.
G.5 Approve Matt Drew as Safety Lieutenant on the Hugo Fire Department
Matt Drew joined the fire department in December, 2015, and became a regular firefighter in
December, 2017, after completing all probation requirements. Fire Chief Kevin Colvard
recommends Council approve Matt Drew as Safety Lieutenant on the Hugo Fire Department
effective April 1, 2019.
G.6 Approve Lawful Gambling Exempt Permit for MSOLE at the Hugo Legion on June 9,
2019
The Minnesota Supporting our Law Enforcement (MSOLE) is applying for a Lawful Gambling
Exempt Permit to conduct raffles at their event on Sunday, June 9, 2019, to be held at the Hugo
American Legion. The permit is issued by the MN Gambling Control Board but must first be
approved by the City. Staff recommends Council approve the Lawful Gambling Exempt Permit
for MSOLE for their June 9, 2019, event.
G.7 Approve Resolution Approving Application for CDA Grant for Hopkins Schoolhouse
At its February 4, 2019, meeting, Council moved to market for a public/private partnership for the
Hopkins Schoolhouse as recommended by the Hopkins Schoolhouse Committee. The
Washington County Community Development Agency provides grants for projects intended to
increase redevelopment readiness, spur new business, or assist with removing blighted properties.
Staff has received a proposal from WSB to complete a Phase I Environmental Site Assessment,
Asbestos and Regulated Materials Survey, and Land Survey for $8,080. Grant amounts less than
$10,000 require a match of $.20 to every $1. Staff recommends Council approve the resolution
approving application for predevelopment finance funding for the Hopkins Schoolhouse.
G.8 Approve Wetland Replacement Plan for Rosemary Apartments
To accommodate the construction of a 45-unit apartment complex along Rosemary Way, MWF
Properties submitted an application requesting approval to impact wetlands found on site. The
applicant is proposing to impact 0.05 acres of wetland. Impacts are to two separate wetlands on
the property and will impact a portion on the east side of the project and a portion on the west side
of the project. MWF Properties is proposing to replace the wetlands that are impacted through the
purchase of wetland credits from an existing approved wetland bank in Rosemary Way Mitigation
Area. Based on staff s review of the application and supporting documentation, the requirements
under the MN Wetland Conservation Act (WCA) have been met. Staff recommends approval of
the MWF Properties application for sequencing and wetland replacement.
G.9 Approve Wetland Replacement Plan for 165th Street Solar Farm
To accommodate the development of a solar facility along 165th Street, Sunrise Energy Ventures
(FastSun4, LLC) submitted a revised application based on a previous joint application that was
approved in November 2018. The revision includes an increase in avoidable wetland impact that
requires replacement from 0.165 acres to 0.197 acres. The applicant is proposing to replace the
additional wetlands that are impacted through the purchase of wetland credits. Based on staff s
review of the application and supporting documentation, the requirements under the MN Wetland
Conservation Act (WCA) have been met. Staff recommends approval of the Sunrise Energy
Ventures application for sequencing and wetland replacement.
G.10 Approve Resolutions Approving Oneka Place 3rd Addition Final Plat and
Development Agreement
CPDC — Pratt — Oakwood, LLP, is requesting approval of a final plat and development agreement
to plat 54 residential lots and 3 oultlots from the Oneka Place preliminary plat. This will develop
a 13.7 acre piece of property legally described as Outlots J and K, Oneka Place. The site is
currently vacant. The lots meet the minimum lot standards and requirements for the Oneka Place
PUD. Staff recommends approval the resolution approving the Final Plat and Development
Agreement for Oneka Place 3rd Addition.
H.1 Update on Waters Edge Water Reuse Project Phase II
At the April 1, 2019 City Council meeting the City Council approved the Rice Creek Watershed
District Cost -Share Agreement for the Water's Edge Phase 2 Water Reuse Improvement Project.
City Engineer Mark Erichson will provide an update to the Council and outline the steps to move
the project forward. Staff is recommending City Council approve the resolution authorizing the
preparation of plans and specifications for the Water's Edge Phase II Water Reuse Improvement
Project.
I.1 Rosemary Apartments Site Plan, CUP, and Frenchman Place 4th Addition Final Plat
MWF Properties, is requesting approval of a site plan and conditional use permit (CUP) for a
three story approximately 80,000 square foot apartment building (including underground parking
lot) for the property located north of Rosemary Way and west of Everton Avenue. Apartments are
allowed in the Medium Density Multiple Family Residential (R-5) with a CUP. The property is
18.15 acres, including several wetlands for a total of 4.6 acres buildable. The density of the
project would be ten units per acre, meeting the zoning district regulations. The applicant is also
requesting approval of a final plat for Frenchman Place 3rd Addition, consistent with the
preliminary plat. At its March 28, 2019, meeting, the Planning Commission held a public hearing
and considered the request of the applicant. There were a number of residents that spoke at the
meeting and raised concerns about affordable housing, building height, storm water drainage,
parking, fire protection, and park space. Staff had recommended approval of the applications to
the Planning Commission. The Planning Commission generally liked the plans but had a few
questions on the building height, parking, drainage, and architecture. Most of the same answers
above were provided. The Planning Commission recommended approval of the applications,
subject to the conditions on the resolutions. The vote was to approve the applications 6 to 1. The
nay vote resulted from a concern that the project did not meet the character of the area.
KA Update on the Yellow Ribbon Network
Council Members Chuck Haas and Phil Klein will update the Council on the activities of the
Yellow Ribbon Network to date.
L.1 Railroad Open House April 17, 2019
Council has scheduled a meeting to attend the Railroad Open House on Wednesday, April 17,
2109 beginning at 10 a.m. at Schwieters new facility in the Bald Eagle Industrial Park.
L.2 Schedule VIP Dinner at the Hugo Legion on Tuesday, April 23, 2019
Council has been invited to attend a VIP Open House at the Hugo American Legion to celebrate
the opening of their new restaurant "The Post" on Tuesday, April 23, 2019 from 5-7 p.m. Staff
recommends Council schedule this as a meeting if they choose to attend.
L.3 Metro Cities Annual Meeting on Wednesday, April 24, 2019
Council has scheduled a meeting to attend the Metro Cities Annual Meeting on Wednesday, April
24, 2019, at the Como Park Zoo and Conservatory from 5:30 — 7:30 p.m.
LA East Metro Water Workshop on Thursday, April 25, 2019
The Council has scheduled a meeting to attend the East Metro Water Resource Education
Program workshop on wetlands and planting for clean water on Thursday, April 25, 2019, from 6-
7:30 p.m. at Hugo City Hall.
I.5 Schedule Workshop on Community Parks Funding for Monday, April 291h or May 13th
Included in the 2019 City Council Goals was to establish a mechanism for parks funding.
Council encouraged staff to schedule a workshop to evaluate options for funding for community
parks such as Lions Park, Irish Avenue Park, and Clearwater Creek Preserve Park. After working
with the City's financial advisor, staff is prepared to discuss the funding. Staff recommends
Council schedule the workshop on parks funding for either Monday April 29 or May 13.
L.6 Fire Department Live Burn Saturday, May 4, 2019
The Council has scheduled a meeting to attend the Hugo Fire Department live burn at 13040
Ingersoll Avenue on Saturday, May 4, 2019, beginning at 8:00 a.m.
L.7 Law Enforcement Day on Wednesday, May 15, 2019
Each year, the Washington County Sheriff's Office hosts a Law Enforcement Memorial Day
service at the Historic Courthouse in Stillwater at noon on May 151h. At the event, Peace Officers
and Correction Officers honor those who have fallen in the line of duty. Staff recommends
Council schedule a meeting to attend Law Enforcement Memorial Day at noon on May 15, 2019.
L.8 Hugo Fire Department Waffle Breakfast Saturday, May 18, 2019
The Hugo Fire Department is hosting its first Waffle Breakfast on Saturday, May 18, 2019 from
8:30 — 11:30 a.m. at the Hugo Fire Station. Staff recommends Council schedule it as a meeting if
they choose to attend.
M. Adjournment
0C
14669 Fitzgerald Avenue North • Hugo, MN 55038
PRESENT: Klein, Miron, Petryk, Weidt
ABSENT: Haas
Minutes
HUGO CITY COUNCIL MEETING
PTA GAME NIGHT
FRIDAY, MARCH 29, 2019
6-10:30 P.M.
The Hugo City Council attended Adult Game Night hosted by the Hugo and Oneka Elementary
PTA. The event was held at the Hugo American Legion.
Respectfully Submitted,
Michele Lindau
City Clerk
CITY OF
F
EST. 1906
•. 00
14669 Fitzgerald Avenue North • Hugo, MN 55038
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
PRESENT: Klein, Miron, Petryk, Weidt
ABSENT: Haas
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, APRIL 1, 2019 — 7 P.M.
ALSO PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer
Mark Erichson, City Clerk Michele Lindau
Approval of the Minutes for the March 18, 2019, City Council Meeting
Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on
March 18, 2019, as presented.
All Ayes. Motion carried.
Approval of the Minutes for the March 22, 2019, HGNFS Pasta Dinner
Miron made motion, Petryk seconded, to approve the minutes for the Hugo Good Neighbor Food
Shelf Pasta Dinner held on March 22, 2019, as presented.
All Ayes. Motion carried.
Approval of the Minutes for the March 24, 2019, Joe Marier 100" Birthday Celebration
Petryk made motion, Klein seconded, to approve the minute for the 100 birthday celebration for
Joe Marier on March 24, 2019, as presented.
Approval of the Agenda
Weidt made motion, Klein seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Approval of the Consent Agenda
Klein made motion, Miron seconded, to approve the following Consent Agenda:
1. Approval of Claims
Hugo City Council Meeting Minutes for April 1, 2019
Page 2 of 7
2. Approve Amendments to Personnel Policy to Include Drug and Alcohol Testing Policy
3. Approve Special Event Permit for Oneka Elementary 5K Color Run
4. Approve Cost -Share Agreement with RCWD for Waters Edge Stormwater Reuse Phase II
5. Approve Resolution Declaring Approval to Modify the Municipal State Aid Street System
6. Approve Sale of 2006 Chevy 1500 Building Department Truck
7. Approve Sale of 1985 Ford 8000 Sewer Cleaning Truck
8. Approve Purchase of Ford F-150 Extra Cab Pickup Truck
Al Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Amendments to Personnel Policy to Include Drug and Alcohol Testing Policy
In response to regulations issued by the United States Department of Transportation (DOT), staff
had drafted a policy on drug and alcohol testing for commercial drivers. This policy would apply
to employees who hold CDLs (Commercial Drivers Licenses) for the purpose of carrying out
"safety -sensitive duties" using City vehicles. This policy does not pertain to firefighters.
The Drug and Alcohol Testing for Commercial Drivers Policy would require CDL holders to be
part of a pool of drivers that will be subject to unannounced alcohol and controlled substance
testing on a random selection basis. In addition to approval of the Drug and Alcohol Testing
Policy, staff requested Council approve moving certain items from the Motor Vehicle Policy to
the general Personnel Policy and eliminating the rest of that policy that does not apply. Adoption
of the Consent Agenda approved the Drug and Alcohol Testing Policy for Commercial Drivers,
elimination of the Motor Vehicle Safety Policy, and revisions to the Personnel Policy.
Approve Special Event Permit for Oneka Elementary 5K Color Run
The Oneka Elementary School had requested a Special Event Permit for their annual 5K Color
Run on Saturday, May 4, 2019. This event required a Special Event Permit approved by Council
because it is expected to draw approximately 800 runners and will include the use of City streets
and sidewalks. This run will take place along Oneka Parkway between Oneka Elementary and
Frenchman Road. The event had been held for the past three years with no impacts to the health,
safety, and welfare of residents or participants. Adoption of the Consent Agenda approved the
Special Event Permit for the Color Fun Run subject to the conditions in the staff memo.
Approve Cost -Share Agreement with RCWD for Waters Edge Stormwater Reuse Phase II
Construction of the 1" Phase of the Water's Edge stormwater reuse system was completed and put
into service in July of 2018. During the first partial year the system was operating, the Water's
Edge community was able to reduce their potable water consumption by 4.14 million gallons of
water. Moving forward with the City's goals to reduce their impact to the regions groundwater
Hugo City Council Meeting Minutes for April 1, 2019
Page 3 of 7
and surface water resources, the City applied for the RCWD Urban Stormwater Remediation
Cost -Share Program and BWSR Watershed -Based Funding Pilot Program to help fund the
Water's Edge Stormwater Reuse Phase 2 project. In the spring of 2019, RCWD awarded
$185,760 (BWSR WBFPP - $78,760 & RCWD USWR-$107,000) to fund the expansion of the
existing Water's Edge stormwater reuse system. The total project cost was anticipated to be
approximately $300,000, with the balance being paid from the stormwater utility fund and
ultimately reimbursed over time through negotiation of an agreement with the Homeowners
Association. Phase 2 of this project will expand the existing stormwater reuse irrigation system to
service an additional 533 residential units as well as the northern extents of Oneka Parkway's
boulevards and medians, resulting in improved surface water quality due to the removal of
nutrients from the stormwater system and decrease ground water demand. The average annual
irrigation use for the entire Water's Edge community is approximately 25.5 million gallons and
this project expansion will help reduce potable water use by an additional 12.5 million gallons
annually. Adoption of the Consent Agenda approved the Rice Creek Watershed District Cost
Share Agreement.
Approve Resolution Declaring Approval to Modify the Municipal State Aid Street System
Per State Aid Rules, a City is allowed to add and/or remove mileage annually, provided it meets
necessary criteria. In an effort to maximize the construction needs of Hugo's MSAS system and
with the goal of strategically using the annual available allotment of State Aid funds to the City,
staff recommended modifications to the system. Adoption of the Consent Agenda approved
RESOLUTION NO. 2019 —14 DECLARING APPROVAL OF MODIFICATIONS TO THE
MUNICIPAL STATE AID STREET SYSTEM FOR THE CITY OF HUGO, MINNESOTA.
Approve Sale of 2006 Chew 1500 Building Department Truck
In 2017, Council gave authorization to advertise the sale of a retired Building Department truck
(#113-06) using a sealed bid format. The truck was advertised and bids were received. Of the
bids received, none produced a reasonable value for staff to recommend a sale. Public Works
staff had requested authorization to sell the truck using an online auction format. Adoption of the
Consent Agenda approved the sale of the 2006 Chevrolet 1500 through the online auction.
Approve Sale of 1985 Ford 8000 Sewer Cleaning Truck
In 2018, the City Council authorized the purchase of a used Vactor sewer cleaning truck. The
Public Works Department had been using the recently purchased Vactor truck and wanted to put
up for auction the retired 1985 Ford 8000 sewer cleaning truck. Public Works staff requested to
utilize an online auction service to facilitate the sale of this truck. Adoption of the Consent
Agenda approved the sale of the 1985 Ford 8008 sewer cleaning truck through the online auction.
Approve Purchase of Ford F-150 Extra Cab Pickup Truck
Over the past couple years, the City's Public Works Department had added two new staff
positions. With the additional staff, the department was in need of an additional pickup truck.
Staff had received a quote from Midway Ford for the purchase of a 2019 F-150 priced
Hugo City Council Meeting Minutes for April 1, 2019
Page 4 of 7
accordingly with the State of Minnesota Cooperative Purchasing Venture for a price of
$30,629.92 plus tax and licensing. Public Works staff had reviewed this purchase with Finance
Director, Ron Otkin. Adoption of the Consent Agenda approved the purchase of the 1/4 ton
Chevrolet through the State of Minnesota Cooperative Purchasing Venture for a price of
$30,629.92 plus tax and licensing.
Authorize Preparation of Plans and Specifications for the Elmcrest Avenue and Cedar
Street Improvement Project
At its March 18, 2019, meeting, Council approved the Joint Powers Agreement (JPA) with the
City of Lino Lakes to complete roadway improvements on 24th Avenue/Elmcrest Avenue from
Tart Lake Road to the south a distance of 2,300 feet, and East Cedar Street from Otter Lake Road
to the east a distance of 2,600 feet. City Engineer Mark Erichson explained the JPA defined that
the East Cedar Street improvements were the financial responsibility of the City of Lino Lakes,
and the 24th Avenue/Elmcrest Avenue improvements would be the financial responsibility of the
City of Hugo. The final project costs to each community would be based on the percentage of
construction and engineering costs as outlined in the JPA. The Elmcrest Avenue total estimated
project cost was $295,000, and funding for the project was proposed through the street
improvement fund. Erichson reviewed the time line stating they will be soliciting bids and expect
to award the contract in July.
Miron made motion, Petryk seconded to approve RESOLUTION 2019-15 AUTHORIZING
PREPARATION OF PLANS AND SPECIFICATIONS FOR THE EAST CEDAR STREET &
24TH AVENUE/ELMCREST AVENUE NORTH IMPROVEMENT PROJECT.
All Ayes. Motion carried.
Discussion on Proposed Legislation Regarding Rice Creek Watershed District Spending
Representative Peter Fischer and Senator Karin Housley had authored bills at the request of Rice
Creek Watershed District Manager John Waller. City Administrator Bryan Bear explained that
these were identical bill that would require a minimum of 90 percent of the money collected
in Washington County through special assessments and ad valorem taxes be spent on projects in
Washington County. He noted that Washington County had provided a letter in support of the
bills, and the RCWD Board recently passed a resolution opposing it. In attendance at the meeting
were RCWD Board Members Steve Wagamon, Mike Bradley, Pat Preiner, and John Waller.
Preiner stated that the board knew nothing about these bills, so it was a surprise to them. If it
does pass, they would need to restructure their funding, and she did not think that was a good
idea. She said they may not be able to use ad valorem funding and projects needing money would
not be done. She asked the Council to not support it.
Mike Bradley stated that, instead of looking at a project, they would need to look at the location,
and water quality projects are ad valorem because they affect everyone. He said it was not a well
thought out bill.
Hugo City Council Meeting Minutes for April 1, 2019
Page 5 of 7
John Waller began by thanking previous mayors and councils that worked to restore ditch
infrastructure. He stated that as drainage authority, the RCWD had done special taxing districts
and this legislation would treat the County as a taxing district. They would still be able to use ad
valorem tax money for some projects, but the legislation would provide a steady floor of money.
Maintenance on drainage systems had been deferred for the past forty years, and if not for
previous councils, they would not be working on Ditch Number 3. The legislation would make for
more accountability, transparency, objectivity, and impartiality. Waller talked about changes that
had been made since he has been on the board, and he talked about some of the work that still
needed to be done on some ditches. He acknowledged there has been a tremendous change in
spending money lately but not if you look back 30-40 years. He asked for Council to support the
legislation.
Weidt said he could see the argument from both sides. He compared it to Hugo's Council
districts and questioned how projects would get done if money raised from each district had to
stay in that district. He acknowledged the relationship with RCWD has improved greatly thanks
to Waller. He pointed out that earlier this evening, a grant was approved from the watershed
district for a water reuse project. RCWD is also doing a ditch project, so Hugo is receiving
money. Weidt stated that the district needed to make decisions as a group and not be limited as to
where the money can be spent.
Klein talked about water quality issues related to water coming out of jurisdictions that are
controlled by others. He felt it was important to keep projects consolidated and support programs
that produce quality water. He stated cost sharing has improved, and they are moving forward.
Hugo has been recognized as a leader and should continue forward with that in mind. Klein said
he would have difficult time supporting the legislation.
Miron agreed and said he appreciated Manager Waller's history and longevity with the district,
and he recognized that things have not always been as balanced as they are now. Regardless what
happens in the legislature, he said it was important to get continued reporting from the District
and information about taxes that are collected and spent, and to make sure the current trend
continues. He said he realized the district is more than one county and one city, and the projects
help all. Miron said the board has done a great job of supporting Hugo, and he wanted that to
continue.
Petryk said she agreed with everything said, and the important thing was that they are moving
forward. She stated there have been issues in the past, but people now realize that the RCWD is
the City's partner, and they have been extremely supportive. She said she agreed on transparency
to show that people are being treated fairly and do see a return on the money they are putting in.
She stated that things have changed over the past four years, and she would like to move forward
instead of backward. She was not in support of the bills.
Klein made motion, Petryk seconded, to draft a letter opposing the house and senate bills.
Ayes: Becky, Klein
Nays: Weidt, Miron
Motion failed.
Hugo City Council Meeting Minutes for April 1, 2019
Page 6 of 7
Update on Yellow Ribbon Network
Council Member Klein updated Council on the activities of the Yellow Ribbon Network to date.
Oneka Ridge Golf Course hosted March Burger Night and sold 239 burgers. Klein thanked the
Legion on behalf of the YRN for all their years of support and the positive impact they have on
the community. The next Burger Night is April 24, 2019.
Kidz n' Biz on Saturday, April 6, 2019
City Administrator Bryan Bear reminded Council a meeting had been scheduled to attend the
annual Kidz `n Biz festival on Saturday, April 6, 2019, at the Oneka Elementary School from 11
a.m. — 2 p.m.
Local Board of Appeals and Equalization on Thursday, April 11, 2019
City Administrator Bryan Bear reminded Council they were scheduled to meet as the Local Board
of Appeals and Equalization on Thursday, April 11, 2019, in the Oneka Room from 5:30 — 7:00
p.m.
Reschedule the Short Line Railroad Open House
City Administrator Bryan Bear informed Council the Short Line Railroad Open House scheduled
for Friday, April 12th was being rescheduled to Wednesday, April 17th due to legislative activities.
Klein made motion, Petryk seconded to reschedule the Short Line Railroad Open House to
Wednesday, April 17, 2019, at 10:30 a.m.
All Ayes. Motion carried.
Habitat for Humanity Dedication on Saturday, April 13, 2019
City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the
Homes for Habitat dedication ceremony on Saturday, April 13, 2019. The event will take place at
14954 Generation Avenue N. at 10 a.m.
Schedule Hugo Fire Department Live Burn on Saturday, May 4, 2019
City Administrator Bryan Bear informed Council the Hugo Fire Department would be conducting
a live burn at a house they had acquired at 13040 Ingersoll Avenue and had invited the Council to
attend. The burn would take place on Saturday, May 4, 2019, beginning at 8:00 a.m.
Miron made motion, Klein seconded, to schedule a meeting to attend the live burn on Saturday,
May 4, 2019 beginning at 8 a.m.
Hugo City Council Meeting Minutes for April 1, 2019
Page 7 of 7
All Ayes. Motion carried.
Schedule 2019 LMC Annual Conference on June 26-28, 2019
City Administrator Bryan Bear reminded Council the League of Minnesota Cities will hold their
Annual Conference in Duluth on June 26-28, 2019.
Weidt made motion, Klein seconded to schedule a meeting to attend the LMC Annual Conference
on June 26-28, 2019, in Duluth.
All Ayes. Motion carried.
Adjournment
Klein made motion, Miron seconded, to adjourn at 7:41 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
0C
14669 Fitzgerald Avenue North • Hugo, MN 55038
PRESENT: Haas, Klein, Miron, Petryk, Weidt
ABSENT: None
Minutes
HUGO CITY COUNCIL MEETING
KIDZ `N BIZ
SATURDAY, APRIL 6, 2019
11 A.M. — 2 P.M.
The Hugo City Council the Annual Kidz `n Biz Festival held at the Oneka Elementary School.
This event was sponsored by the Hugo Area Business Association.
Respectfully Submitted,
Michele Lindau
City Clerk
Vendor
e 911 Inc
Air Apparatus Inc
rican Water Works Assn
arson. Scott i
Aspen Mills_
Aspen Mills _
Aspen Mills
Aspen Mills
City of Hugo Claims
April 15, 2019
Invoice
HUGOFD4200
INV-39179
Amount Description
$ 208.00 Active 911 App Subscriptions (16)
$ 42.75 Gear Clean Laundry Soap
2019
$ 315.00 Annual Membership Dues - Scott Anderson
1 $ 126.43 CPR/First Aid Training Supplies
I $ 14.85 Name Tag
$_ 66.00 Title Changes
I $ _ 84,85 I.Title Changes & Embroidery
$ 18.85 Embroidery
$ 6.00 Patches
$ _ 22.00 Title Changes
1 $ 14.85 Name Tag_ _
$ 44.40 Name Tag& Brass Bars
CLAIM
233592
�233593
233594
233595
_ 233701
233�
234039
_234040
234328
$ 68.75 Shirt, Patches, Tie & Tie Clip
Aspen Mills
234329
$ _55.90 Shirt, Patches, Tie & Tie Clip
$ 110.85 Radio Holders
$ 149.95 _Side Zip Boots
$ 34.85 Rank Stripes
Aspen Mills
234581
_
Aspen Mills
Aspen Is
i 234583
! 234584
Aspen Mills
Aspen Mills _
Batteries Plus Bulbs #031
Canteen Refreshment Services
Canteen Refreshment Services
234927
234928
P13110978
48273
I 48275 i
$ 99.90
Alpha Zip Boots
Title Changes, Name Tag & Embroidery
Batteries for UPS Backups
Breakroom Supplies_
Breakroom Suoolies
_
$ 77.70
_ _
$ 167.60
$ 105,23
$ 168.12
Canteen Refreshment Services 52579
Canteen Refreshment Services 52582
G. 1
Fire De:jt
Fire Dept
Water Utility
Public Works
Fire Dept
Fire Dept
Fire Dept
Fire Dew
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Fire Dept
Water & Sewer
Public Works
Gen Gov't Bldgs
122.62 Breakroom Supplies Public Works
225.97 Breakroom Supplies Gen Gov't Bldgs
Canteen Refreshment Services _ 54979 1 $ 119.47 Breakroom Supplies Public Works _
Canteen Refreshment Services _ _ 54980 $ 173.13 Breakroom Supplies Gen Gov't Bldgs
Canteen Refreshment Services 57196 $ 117.17 Breakroom Supplies Public Works
Canteen Refreshment Services 57203 $ 161.70 Breakroom Su lies Gen Gov't Bldgs
Centu College 443485 $_ 495.00 Fire Apparatus 0 - Bally Lund Fire Dept _
Century College 443485 $ 495.00 FireApparatus Op - Jacob Jorgenson _ _ . Fire Dept _
Century Link 651 429-3212 $ _ 73.73 Fire Station Phone Lines Fire DerOt
Century Link 651 426-8763 $ 63.86 911 Emergency Line Administration
Century Link _ 651 653-1154 $ 58.98 SCADA Lines Water & Sewer _
City of Roseville 225924 $ _ 1,148.00 Wifi Access Points (4) Various
City of Roseville 225826 $ 425.00 March Phone Service Various
City of Roseville 225863 $ 4,723.00 March Computer Service _ Various
Comcast 3/5/2019 $ 2.25 Business Internet (thhltry 8spril 14) Fire Dept
Comcast 3/18/2019 $ 148.77 Business Internet thru April 27 Fire Dept
Comcast
909198036
$ 487.61
Business Internet March
Business Internet (March)
Callout Fees & Mileage
3l8" Chips for Snow & Ice Control
NFPA Pump Test & Repairs - Unit #E1
i dministration
Public Works
Comcast 909198036
$ _ 487.61
Companion Animal Control LLC I March
$ 307.70
$ 1,459.58
Animal Control
Dresser Trap Rock Inc 109252 _
Emergengy Apparatus Maintenance Inc 104258
Emer encyparatus Maintenance Inc 104259
Emergency Automotive Technologas Inc i MP031319-201A
Street Dept
$ 647.48
Fire Dept
$ 529.24
NFPA Pump Test & Repairs - Unit #E2
Fire Dqpt
$ 304.72
Portable LED Work Lights
LED Safety Lights for Plow Trucks
Light Bar - Unit #304
Light Bar - Unit #327 _
Light Bar - Unit #107
_
Public Works _
Street Dept
Emergency Automotive Technologies Inc
MP031319-201A
$ 642.06
Emergency Automotive Technologies Inc
MP031319-201
_ $ 250.00
Street Dept
Emergency Automotive Technolqqles Inc
MP031319-201
T
$ 250.00
_
Street Dept
Emergency Automotive Technologies Inc
MP031319-201
$ 250.00
Water & Sewer
Ferguson Waterworks
318310
$ 25.55
Safety Gear
Engineering Dept_
Ferguson Waterworks
318310
$ 1,143.28 Locators, Measuring: Wheel, Wrenches & Hooks
En ineering Dept
Fire Marshals Association of Minnesota
86-2-1-A53B
$ 160.00 FMAM Conference Re istration - Gina Duncanson Fire Dept
$ 154.00 Structural Fire Gloves Fire Dept
$ 1,396.13 Auto Parts and Shop SSuupplieg Various
$ 759.46 March Waste Hauling - PW Facility Public Works
$ 173.27 March Waste Hauling_ Fire Station Fire Dept
$ _ 77.35 1 March Waste Hauling - OV Hall [Gen Gov't Bldgs
$ 71.55 March Service Charges Water & Sewer
$ 218.20 Handheld Sprayers & Nozzles Street Dept
$ 88.29 Fire Officer Class Mileage_ Fire Dept
$ 137.15 Engraved Par Boards & Tags Fire Dept
$ 491.34 Fire Officer Conference Expenses Fire Dept
Fire Safety USA Inc
121365
Forest Lake Napa
March
Gene's Disposal Service Inc
346093
Gene's Disposal Service Inc
346093
Gene's Disposal Service Inc
346093
Gopher State One Call
9030475
Grainger
818769341
Gregoire, Rick
CLAIM
Hisdahl Inc
_
16711
Hoernemann, Ross
CLAIM
Hotsy Equipment of Minnesota 1
63082
$ 119.95 Washbay Hose
Fire Dept
Hugo Business Association I
Hugo Equipment Company
KN82019-203
$ 750.00
EDA Sponsorshipfor Kidz'n Biz
Misc Unallocated
137783
$ 49.98
$ _ 19.99
$ 29.83
Parts - Unit #463
Parts - Unit #463 _ _
Calculator, Index Tabs & Expo Eraser
File Folders. Name Tags & Rubber Bands
Co__Paper
Public Works
Public Works
Hugo Equipment Company 137785
Innovative Office Solutions LLC IN2455164
Innovative Office Solutions LLC IN2457368
Innovative Office Solutions LLC I IN2457368
Public Works
Administration _
Administration
$ 229.51
$ 149.73
Page 1
Vendor
Innovative Office Solutions LLC _
Innovative Office Solutions LLC
Innovative Office Solutions LLC
Innovative Office Solutions LLC
Fuel Oil Service Co.
Menards
Menards
Minnesota State Fire Chiefs Assn
Minnesota State Fire Chiefs Assn
Minnesota State Fire Chiefs Assn
Minnesota Trails
MN State Patrol, CMV Section
MN State Patrol, CMV Section
MnFIAM Book Sales
Munici al Emergency Services Inc
North American Safety Inc
Northern Door Company
0 en Service Compaq
Press Publications
Press Publications
Press Publications
Press Publications
Ricoh USA. Inc
Toshiba Financial Services
Toshiba Financial Services
Toshiba Financial Services
Tri-State Bobcat
Tri-State Bobcat
Truck Utilities Inc
Twin Cities Bicicling Club
US Bank
Venburn Tire Co
IN2457368
IN2466798
IN2462865
IN2462865
3CN-084461
3CN-08554,
3CN484611
1706
110044962
IN104160
12320094
330659193E
CLAIM
3074307
INV6206881
6023
7081
200004005
300006511
300006511
300006638
10678
72754
4678
2647
V131589E
41418
64199
3432640
604855
623832_
624076
624077
S24736
5309091
485555
9826451562
Weber, Emily
CLAIM
Winnick Supply _
379715
Winnick Supply
379803
Witmer Public Safes Gwoup
1931957
WSB & Associates
February
Ziegler Inc PC200209653
Total Claims for April 15, 2019
City of Hugo Claims
April 15, 2019
G. 1
$ 88.74 Breakroom Supplies
Gen Gov't Bldgs
$ 189.90 Frames
Administration
$ 133.32 Toner Cartridges
Water & Sewer
$ 56.55 Award Certificates
Administration
$ 96.32 Adding Machine Returne
Water & Sewer
$ (28,01) Ma rkers.(Returned)
_
Administration
$ (12.64j Index Sheets (Returned)
Administration
$ 100.00 _ Water Bacteria Testing
Water Utility
$ 194.13 Batteries
Public Works
_
$ 460.00 Fireade Foam
Fire Dept
_
$ 6,015.31 March Unleaded Gas & Diesel Purchases
Various
$ 597.41 Bulk Hardware Supplies
Public Works
$ 34.88 Meeting Mileage
_
City Clerk
$ 253.80 .April Copier Service Payment
Administration
$ 35.00 _April Copier Maintenance
Buildin Ins ections
$ 17.93 Supplies -Unit #209
_
Sewer Utility
$ 132.99 Fire Department Supplies
_
Fire Dept
$ 255.00 Water Operator School -Kraig Pettee
Water Utility
$ _ 93.00 Membership Dues (1)
Fire Dept
_2019
$ 513.00 2019 Membership Dues (9)
Fire Dept
$ 57.00 112019 Membership, Dues 1
Fire Dept
$ 380.00 Tour de Hugo Advertising
Parks Dept
$ _ 43.85 Vehicle Inspection Forms & Manuals
Public Works
$ 190.00 CPR/AED Provider Cards
Fire Dept
$ 30.00 2019 Vehicle Inspection Decals
Public Works
$ 30.00 2019 Vehicle Inspection Decals
Public Works
$ 106.00 Firefighting Textbooks
-
Fire Dept
$ 842.28 Structural Boots
Fire Dept
$ 564.48 Safety Supplies
Public Works
_
$ 281.95 Garage Door Repairs
Fire Dept
G 9d 10 MWAI n
$ 646.00
TourdeFNQo Advertisements _
Parks Dept
$ 33.57
Advertisement for Bids - Gravel Road Chloride
Ordinances/F
$ 78.33
Ordinance 2019-494
Ordinances/F
$ 50.35
Board ofAppeal and Equalization Notice
Ordinances/F
$ 123.18
Copier Lease Payment
Public Works
$ _ 51.37
Overage Charges
Public Works
$ 149.00
CPR Masks for PW (Amazon)
Public Works
$ 12,350.00 2018 Audit Interim Billing
Finance Dept
$ 3,925.00 Accounting Assistance
Finance Dept
$
$
$
$
175.23 March Copier Lease Payment
3.53 Overage Charges (B & W)
15.20 Overage Charges (Color) i
9,232.95 Bobcat Trade -Up,- Unit #327
27,619.35 Bobcat Trade -Up - Unit #304
Fire Dept
Fire Dept
Fire DeRt
Street Dept
Street Dept
$
_
7,225.00 V-Plow - Unit #112
Street De t
$
490.00 Tour de Hugo Advertisements
Parks Dept
$
500.00 Paying Agent Fees
Sinking Fund
$_
220.07 Tire - Unit #CV3
Fire Dept
$
40.02 Cellular Phone Charges
Fire Dept
$
$
4,429.86 800 Radio User Fees - January thru March
12,10 Meeting Mileage
_
Fire Dept
Community Development
$
45.00 Steel - Unit #209
Sewer Utili
$ 16.38 PVC Cap - Unit #209
$ 26.75_Helmet Decals _
$_ 76,825.50 Engineering Fees - See Attached Breakdown
$ 51.84 Parts Unit #306
$ 178,336.35
Sewer Utility
j Fire Dept
Various
Street Not
Page 2
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'�CR TEL
HITECT
DATE: March 6, 2019
TO: City of Hugo Scott Anderson
Bryan Bear
Mark Erichson
RE: PROPOSAL FOR PUBLIC WORKS DEPARTMENT STUDY
Good day to you all,
I really enjoyed our introductory meeting yesterday and appreciate the opportunity to work with the city of
Hugo. It helped that I was familiar with your building as I could better to respond to questions and offer advice.
Per our discussion, I mentioned that there is a baseline of information and services that, in my opinion, would
provide information to the council and staff to help prepare for the future and better understand the strengths and
limitations to the existing operation and site. This baseline would also include information on the costs involved
with an expansion or new facility. I have briefly listed these items below and attempted to provide these and
other more optional services along with a proposed fee.
As I mentioned at the meeting, this appears to be a straightforward and understandable process for our firm, as
we have done this type of thing so often in the past.
SCOPE OF WORK AND PROPOSED FEE
As a baseline, I would recommend that the following be provided to the city by our firm, should we be fortunate
enough to be hired to assist:
Review of the current site and building conditions
Photo -document the site/building and take measurements as needed
Prepare a program which would include current conditions along with current and future space needs,
equipment needs and minimum site sizes/conditions
Provide an analysis of current and future needs as a part of this program using current conditions and those 10
years and 30 years into the future
Meet with the Washington County Sheriff's department to determine their current and long-term needs
Meet with city officials on the current and future "Rice Lake Center" component.
Perform a site planning analysis and arrive at several planning options including long-term construction on site,
the same with a remote auxiliary building to help accommodate long-term needs and building a new facility on a
new site.
;`RTEL
ARCHITECTS
Review and update the options into final Master Plans with the mid-term and long-term plan illustrated
Prepare a very brief report and incorporate the Master Plan(s) for council review
Prepare cost estimates for construction, related soft costs and fees
Note that this would include one on -site review and approximately S meetings in all
Proposed fee: $12,500.00
If this were to include just one site and building option, our time and fee would be quite a bit less than proposed.
I sense that this study may include the current site, with additions, but also may include relocating completely to
a new site, as the current one may not fulfill all long-term needs. Note that including the Sheriff s department
and addressing the Rice Lake Center adds a little time to our base fee. If the city alone would like to work with
others on these two items, and simply share information with us, we could reduce our fee by about $1,000.00.
Also note that expenses such as mileage, copies and plans are a part of the proposed fee.
Optional items:
Building systems review and report: Additional $2,200.00.
Council workshop, prep and PowerPoint presentation: Additional $450.00
3D rendering or model in schematic form of what project would look like (2 options): Additional $4, 000.00
As mentioned at our meeting, the building system review may not be of value and the 3D rendering may be
premature.
CLOSING
Thank you for the opportunity and I look forward to working with you all and others at the city.
Do let me know if there is anything else you may need.
Sincerely,
Jeff
Jeffrey Oertel, President
CONTACT US
OERTEL ARCHITECTS, Ltd.
Jeff Oertel, President
1795 St. Clair Avenue
St. Paul, MN 55105
d
�r CITY OF
EST. 1906
Special Event Permit - Memorandum
To: Hugo City Council
From: City Clerk Michele Lindau
Date: March 9, 2019, for Council Meeting on March 15, 2019
Re: New Life Church Spring and Fall Events
1. BACKGROUND:
A Special Event Permit application has been submitted by David Streitz on behalf of
New Life Church to hold outdoor events on Sunday, June 9th and Sunday October 6th
on their property at 6000 148th Street North. A Special Event Permit is required for
the amplified system they will be using during the event.
2. DESCRIPTION OF EVENT:
The June 9, 2019, event will be a free outdoor service held from 9-10:30 a.m.
followed by a picnic from noon-4 p.m. Approximately 100 people are expected to
attend. The event will include a potluck and games. Amplified sound will be used for
the service and possibly for games during the picnic. There may also be a few small
canopy tents set up for the event.
The October 6, 2019, event will be a free outdoor gathering from 2-5:30 p.m. that
will include a small band, hayrides, outdoor games, and possibly an inflatable bounce
tent. There may also be a few small canopy tents set up for the event.
3. CONDITIONS:
The applicant has provided the City the completed permit, signed Hold Harmless
Agreement, and permit fees. In accordance with this permit, the applicant shall conduct
the event as described on their application.
4. CONCLUSION/RECOMMENDATION:
New Life Church has held this event in previous years with no impact to the health,
safety, or welfare of Hugo residents or visitors. Staff recommends Council approve the
Special Event Permit.
The event as described has been approved by the Hugo City Council on March 15,
2019.
Michele Lindau, City Clerk Date
�► CITY OF
41
EST. 1906
14669 Fitzgerald Avenue North, Hugo, MN55038
(651) 762-6300
Special Event Permit Application
www.ci.hugo.mn.us
Procedures for processing special event permits are found in Hugo City Code Chapter 90, Section 90-37.2.
Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures,
offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment
fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit.
Applicant (Applicant will receive all correspondence from the City):
Contact Person: David Streitz
Address 10640 170th St. N.
Phone
Signature of
Event Information
city Hugo
Cell 651-247-7442
Type of Event Outdoor service and picnic
Address: 6000 N. 148th St. Hugo, MN 55038
Property Owner/Manager:
Contact Person: New Life Church
Address 6000 N. 148th St.
Phone 651-429-1975 Cell
State MN Zip 55038
Email stre2dav@gmail.com
Date
Date: 6/09/2019
City Hugo State MN Zip 55038
Email revheinecke@gmail.com
Description of Event -Please review the items on the check list on the back of the application for information that is
required to make this application complete. If there is not enough room below to describe the event please submit on a
separate sheet of paper.
The event will be an outdoor service from 9:00-10:30, followed by a picnic from 12:00-4:00. We
expect around 100 people to attend and there will be amplified sound for the service and picnic
games. Food will be provided as a potluck. No alcohol will be served. No fees will be collected 1 or
2 small canopy tents may be used. No balloons, signs or banners. The location on the property will
be well away from the public street. Anything else not mentioned from the list of requested
information is not applicable.
For Office Use Only
Fee Paid UP 7S , Date �i
❑Yes ❑ No ❑Yes with conditions below
City Council Meeting Date
Conditions:
Clerk Signature
CITY OF
14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mn.us
EST.1906
Special Event Permit Application
Procedures for processing special event permits are found in Hugo City Code Chapter 90, Section 90-37.2.
Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures,
offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment
fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit.
Applicant (Applicant will receive all correspondence from the City):
Contact Person: David Streitz
Address 10640 170th St. N. City Hugo
Phone
Signature of Applica
Event Information
MN Zip 55038
1-247-7442 Email stre2dav@gmail.com
Date Q
Type of Event Fall Festival
Address: 6000 N. 148th St. Hugo, MN 55038
Property Owner/Manager:
Contact Person: New Life Church
Address 6000 N. 148th St.
Phone 651-429-1975
Date: 10/06/2019
City Hugo State MN Zip 55038
revheinecke@gmail.com
Description of Event -Please review the items on the check list on the back of the application for information that is
required to make this application complete. If there is not enough room below to describe the event please submit on a
separate sheet of paper.
The event will be an outdoor gathering from 2:00-5:30. We expect around 100 people to attend and
there will be amplified sound for a small band. The event will include hay rides around the property
as well as outdoor games (possibly a bounce house). No alcohol will be served. No fees will be
collected. 1 or 2 small canopy tents may be used. No balloons, signs or banners. The location on
the property will be well away from the public street. Anything else not mentioned from the list of
requested information is not applicable.
For Office Use Only
Fee Paid Date
❑Yes ❑ No ❑Yes with conditions below
City Council Meeting Date Clerk Signature
Conditions:
Hold Harmless Agreement
The Owner and Permit holder shall hold harmless, indemnify and defend the City of Hugo, its
employees, agents, independent contractors and insurers from all claims, demands, suits, damages
including reasonable attorneys fees incurred by the City, which arise from or relate to the Owner and
P holder's ti ' ies wlij:tiler or not suit is commenced.
Property Owner Signature
Permit Holder Sianatu
CD',' r` Z
c t/ Al
Date
I
U
Date
GLA
Multf1%1 e�e�TM
T E C H L O G Y
March 27, 2019
Multifeeder Technology, Inc.
4821 White Bear Parkway
White Bear Lake, MN 55110
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Ms. Juba,
4821 White Bear Parkway
St. Paul, Minnesota 55110-3325 USA
...................................................................................
Tel: +00(1)651-407-3100
.......
Fax: 651-407-3199
email: info@multifeeder.com
website: www.multifeeder.com
Per our discussion at the meeting at your office today i am requesting for a site plan extension for the
Multifeeder Technology Site Planoriginally developed in 2007.
Sincerely,
Neal Neal F. Nordling
President & CEO
Multifeeder Technology, Inc.
MINNESOTA LAWFUL GAMBLING
LG220 Application for Exempt Permit
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.
ORGANIZATION INFORMATION
11/17
Page 1 of 2
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 r
Name: T1 e:Z(J6. Svc
Previous Gambling
Permit Number:
Minnesota Tax ID Federal Employer ID s r 6
Number, if any: G Number (FEIN), if any:
-7
Mailing Address: / 7 5 O -jy'-I tcC ,ri 2 �ue
o �S6! 6 C� �Sh City: �-_'�-�tt=:4� b {iJ�%State: � /"i � Zip: County: �%'
Name of Chief Executive Officer (CEO): ' ��'d ` CL F 1�} ,_L��� r )
CEO Daytime Phone: �O 5 �" L'ITO ' Jq E7PCEO Email:
(permit will be emailed to this email address unless otherwise indicated below)
Email permit to (if other than the CEO): cc1 U (/✓1
NONPROFIT STATUS
Type of Nonprofit Organization (check one):
= Fraternal = Religious Veterans LET Other Nonprofit Organization
Attach a conv of one of the
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):
Physical Address (do not use P.O. box):
Check one: ) ❑ C City: �"
Township:
L) -
cS �
Zip: 5032County: -W- 6(5 YI irl
Zip: County:
Date(s) of activity (for raffles, indicate the date of the drawing): 1�2 n e- q �h
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
11/17
Page 2 of 2
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
he application is acknowledged with no waiting period.
he application is acknowledged with a 30-day waiting
period, and allows the Board to issue a permit after
30 days.
Dhe 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:
CHIEF EXECUTIVE OFFICER'S SIGNATURE (required)
Date:
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: _i r� Date:
.(Signature must be CEO's signature; designee may not sign)
Print Name: ss_ V_—n_j ��Oy—
REQUIREMENTS
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)).
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
r
MAIL APPLICATION AND ATTACHMENTS
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.
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.
This form will be made available in alternative format (i.e. large print, braille) upon request.
An equal opportunity employer
61-9
WASHINGTON
COUNTY
Community
Development
Agenq
M.-SHUN`G'O N1 CO U NT l CD
PJREDEVELOPJMJET FrNA►N�C:E FUND GRANT
APPLE C'-Aff-T IJO N1
General Information
Date: April 16, 2019
Project Name: Hopkins Schoolhouse
Applicant City/Township: Cit,; of Hugo
Applicant Address: 14669 Fitzgerald Ave. N.
Application/Project Contact: City Clerk Michele Lindau
Contact Email Address: mlindaugci.hugo.mn.us
Contact Phone Number: 651-762-6315
Authorized Official(s) for Execution of Contracts (name and title): Mayor Tom Weidt
How much grant funding are you requesting? $6,464
Is the applicant an eligible public entity as defined in the program policy and guidelines? Yes X No
1 I. PREDEVELOPMENT FINANCE FUND PROPOSED PROJECT DESCRIPTION
1. Describe the city's/township's goals, objectives and need for the Predevelopment Finance Fund
grant and anticipated future commercial and industrial opportunities and other proposed
components. Please explain the public benefit of the proposed plan, report or study.
The City of Hugo is pursuing the Predevelopment Finance Fund grant in anticipation of the future reuse
and restoration for commercial us of the historic Hopkins Schoolhouse. This grant would help to fund
an Environmental and Survey Services Assessment. The conclusions of the environmental survey and
asbestos and regulated materials survey will release important information about the property to the
City and any potential business interested in the property. This study will help move the Hopkins
Schoolhouse project on to the next stages of development.
2. Has a developer or end user been identified or committed to the proposed site?
Currently there are no developers or end users that have committed to the site; however, the city has
been approached about the property by several interested parties.
3. Provide a brief history of the site including any previous uses, activities, prior or existing
contamination, and other previous attempts at selling, developing or redeveloping the site. (please
identify any obstacles that may be preventing the city/township from accomplishing its goals for
the site or area)
The Hopkins Schoolhouse was built in 1928 on land donated by the Hopkins family, and served as an
"ungraded Elementary school. " Until the mid-1940, classes included grades I through 8. After that, and
until the school closed its door in the spring of 1962, classes included grade 1 through 6.
After the school closed, the property was purchased from the Forest Lake School District for $3, 500 by
Oneka Township in August 1965. At the time of this transaction, a deed restriction was placed on the
property that states that the building must be used for a public purpose, or revert back to the grantor,
the Forest Lake School District.
Oneka used the structure as their Town Hall until 1972. In 1972, Oneka Township was incorporated
into the Village of Hugo to form the City of Hugo.
Following this change of hands, the structure was briefly used as a meeting place for the Boy Scouts in
the 1980s, but has remained vacant since the 1990s. In 1995, the City applied for a grant through the
Transportation Enhancement Program (TEP) to update the property for use as a trailhead and meeting
space for the City. Unfortunately the grant was not accepted. A Youth Center was in the works during
the early-2000s; however, the plan fell through, and the building has remained vacant for more than 20
years.
4. Describe any studies or development activities at the proposed site or project area that have
already been completed or are currently underway (if applicable).
In January 2018, a study of the Hopkins Schoolhouse site was funded by the Minnesota Legacy Grant.
The study was an Assessment of Eligibility for Listing on the National Register completed by New Studio
Architecture currently based in St. Paul, Minnesota. New Studio Architecture found that, "Based on
available physical evidence, documentary evidence, and existing precedent, the Hugo Schoolhouse
appears to be a viable candidate for inclusion in the National Register of Historic Places. Specifically,
the building seems best suited to qualify as a local contributor to the "Education " area of significance,
as established by the US Department of the Interior (qualifying criteria "A'). Further, the building may
be considered for architectural contribution (qualifying criteria "C ") as a rare surviving example of a
rural schoolhouse constructed during the early 20th century.[3][4] Its proximity to a major urban
center undergoing tremendous outward growth makes its relatively intact survival both notable and also
tenuous if it is not protected in the near future. "
5. Proposed Budget. Itemize all funding sources that have been or will be used to complete the
proposed project goals and activities.
Source of Funds Amount Committed Pending
Washington County CDA Funds $6,464 ❑ X
City or Township Local Matching Funds $1,616 X ❑
Total: $8,080
Itemize expenses for the completion of the proposed project goals or proposed activities.
Itemized Use of Funds/Expenses
Phase I ESA
Costs
Funding
Source
$2,031
Asbestos and Regulated Materials Survey
$2,589
Land Survey
$3,460
Total:
$8,080
II. DETAILED PROJECT AND ACTIVITY DESCRIPTION
1. Please provide location maps, photos, current and projected site plans (if available). (maps
should include site or project area location, property boundaries, north arrow, and bar
scale, etc.)
See attached Exhibit A.
2. Describe all of the proposed activities (i.e. studies) that are part of this grant funding
request.
The grant would fund an Environmental and Survey Services Assessment including a Phase I
ESA, Asbestos and Regulated Materials Survey, and a Land Survey at the site of the Hopkins
Schoolhouse.
3. Is demolition of blighted buildings or other structures part of the proposed project?
Demolition is not currently part of the proposed project.
4. What is the proposed future end use of the project site or area?
The future end use of the project site is designated for commercial -use.
5. Describe the site or project area (including): (please attach currentproperty tax statement(s):
Acreage of overall site: 2 Acres Number of parcels: One
Owner Support Letter Attached
Parcel Identification/Description Number or Address
05.031.21.43.0001
Yes
No
Im
Please identify all property owners and include a letter of support from each owner:
City of Hugo, Resolution attached
Is the property currently listed or available for sale? NO
After development or redevelopment is complete, what portion of the project site be
publicly and privately owned? Public: Entire Site Private: None
6. Identify any other partners and their roles such as land owners, realtors, developers,
consultants, and regulating/permitting agencies, etc. (if applicable):
At this time there are currently no identified partners involved in the project.
7. How will the proposed project and/or activities promote or increase future
commercial/industrial market values in the city/township/county (please identify your goals
for increased commercial and industrial property tax base as a result of the proposed
activities and describe how you will measure success)?
The Hopkins Schoolhouse is located on an important travel corridor off Highway 61 and 170th
Street North. It is currently designated as a future urban service area, likely to develop when
sewer and water are available. The cities 2040 Plan has the property designated for Mixed Use.
The historic schoolhouse will act as a draw to the surrounding area future businesses as the area
develops.
8. How will the proposed project and/or activities promote or increase future employment
opportunities in the city/township/county (please identify your job and wage goals as a
result of the proposed activities and describe how you will measure success)?
Once access to sewer and water are available, future development will bring more businesses
to the area. An established business in a historic structure will assist in making the area more
attractive to these potential businesses.
9. Please provide detailed project timeline with all actions, phases, and anticipated dates for
completion (when will the activities/studies be complete)?
The project includes three tasks:
a. Phase I ESA
b. Asbestos and Regulated Material Survey
c. Land Survey
Task 1 is the Phase I ESA that includes a historic records review, interviews with Site
representatives, Site recommosense, and a summarization of the results of the Phase I ESA in the
final document report. Task 2 is an Asbestos and Regulated Materials Survey that will perform
asbestos and lead -based sampling, an inventory of regulated materials that may require special
handling and/or disposal prior to demolition or renovation. The final document will include a
summarization of Task 2. Task 3 will be a general land survey of the property including a
topographic survey and a boundaries survey.
10. Describe why the development or redevelopment study, report or plan is needed and why
the property is not likely to develop through the normal private sector process?
The City of Hugo is pursuing this grant to fund an Environmental and Survey Services
Assessment on the Hopkins Schoolhouse due to a lack of funds.
11. Describe the level of commitment by the city/township to the development of the property
or area (please identify how the proposed activities meet the city/township priorities, land
use planning, economic development goals, etc....)? Why is this important to the
city/township? Please attach a resolution requesting grant funding from the
Predevelopment Finance Fund adopted by the city/township (sample resolution provided
by the CDA).
The City of Hugo and the surrounding community is desirous of restoring this structure. Built in
1928, the schoolhouse is one of the few historic properties left in Hugo and stands as a symbol of
the cities past as a predominantly agricultural community. Residents have expressed enthusiasm
for the preservation of the building and concern for its current state of disrepair. City Council
arranged the formation of a committee to discuss all options in deciding the future of the
structure. It was decided that the city pursue a public private partnership and start advertising
to find a potential business partner. The schoolhouse is currently listed for lease on a variety of
business association websites.
12. Please submit this application and all necessary attachments electronically (.pdf file
preferred) to Economic Development Director, Washington County CDA at:
:hrisE k!washin toncountvcda.or+
Exhibit A - Hopkins Schoolhouse
5970 170th Street North, Hugo, MN
J�
150 75 0
150 Feet
■
RAarr+h d ')n1C
RESOLUTION NO.2019-
RESOLUTION FOR PREDEVELOPMENT FINANCE FUNDING FOR
HOPKINS SCHOOLHOUSE
WHEREAS, the City of has identified a proposed project within the City that meets
the Washington County Community Development Agency (CDA) Predevelopment Finance
Fund's purposes and criteria; and
WHEREAS, the City has established that the property in consideration has been zoned
and/or guided for future development accordingly and the proposed project is a high priority of
the city; and
WHEREAS, the City supports the proposed project scope of work and hereby supports
the application to the Predevelopment Finance Fund; and
WHEREAS, the City has the legal authority to apply for financial assistance; and
WHEREAS, the City is supportive of enhancing economic development opportunities
that will serve to create jobs, enhance the tax base and improve the lives of Washington County
residents.
NOW THEREFORE BE IT RESOLVED that the City of approves the application for
funding from the Washington County CDA Predevelopment Finance Fund.
BE IT FURTHER RESOLVED that upon approval of its application by the
Washington County CDA, [insert authorized official's name], the [insert authorized official's
title], is hereby authorized to execute such agreements as are necessary to receive and use the
funding for the proposed project.
Whereupon said resolution was declared passed and adopted this 4th day of March 2019.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
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WSb
March 28, 2019
Ms. Michele Lindau
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Scope of Work and Cost — Environmental and Survey Services - Updated
Hopkins Schoolhouse
5970 170th Street North
Hugo, MN 55038
Dear Ms. Lindau:
Outlined below is a scope of work and cost estimate for WSB to perform Environmental and
Survey Services for the Hopkins Schoolhouse property located at 5970 170th Street North in
Hugo, MN (Site). WSB understands that the City of Hugo (City) owns the Site which contains a
former schoolhouse building that was constructed in the late-1920s. WSB further understands
that the Site building has been vacant for the past 10 years and the City would like to preserve
the schoolhouse structure to the greatest extent possible.
To facilitate potential renovation/restoration, property transfer/sale, or demolition activities at the
Site, WSB provides the following Environmental and Survey Services tasks:
Task 1 - Phase I Environmental Site Assessment (ESA)
A Phase I ESA will be performed for the Site in general compliance with the ASTM El527-13
Standard Practice for Environmental Site Assessments. The Phase I ESA will include:
Historical Records Review
WSB will obtain federal and state regulatory database information for the Site from a commercial
regulatory vendor to evaluate for potential environmental conditions. This review will not include
a detailed review of all listings identified in the regulatory database search, but rather will focus on
listings which have the potential to result in a recognized environmental condition (REC). The
following historical records will be reviewed:
• Sanborn Fire Insurance Maps
• Historical Aerial Photographs
• City Directories
• Historical Topographic Maps
• Federal EPA -listed sites including NPL, CERCLIS, RCRA, and ERNS
• State MPCA-listed sites including UST, LUST, MERLA, VIC, spills, landfills, and other
state listed sites
• Regulatory file review for applicable sites will be included as required per ASTM E 1527-
13. Based upon current public information available from an MPCA website, no file
reviews will be completed.
Ms. Michele Lindau
March 28, 2019
Page 2
This task does not include obtaining an Environmental Lien and Other Activity Use Limitations
(AULs) search.
Interviews
WSB will conduct interviews with Site representatives (via phone or in person) regarding past and
current Site use activities. Any entity relying on the Phase I ESA will complete a User
Questionnaire provided by WSB. The.following representatives will be contacted and interviewed
(if available):
• Current or past Site owners
• Current Site management or maintenance staff
• City building and inspection department
• City fire department
Site Reconnaissance
WSB will make a direct visual inspection of the Site and adjoining properties. All Site areas,
including buildings and storage structures, will be accessed as part of the site reconnaissance.
The adjoining properties will be viewed from the public right-of-way areas. The site
reconnaissance will include observation and documentation of the following:
• Location of visible aboveground or underground storage tanks
• Location of chemical or hazardous material storage
• Location of water bodies (if present)
• Condition of vegetation and exposed soils
• General parcel topography
• Photographic documentation
Reporting
WSB will summarize the results of the Phase I ESA in a final documentation report. This task
does not include those items considered non -scope by ASTM Standard El527-13 including;
asbestos, lead -based paint, radon, lead in drinking water, wetlands, regulatory compliance,
cultural/historic resources, industrial hygiene, indoor air quality, biological agents, or mold
sampling and analysis. It should be noted that various non -scope items will be performed as part
of this scope (Tasks 2-4). The report will be completed in accordance with the ASTM El527-13
Standard and shall include the following:
• Supporting documentation upon which the findings and opinions are based
• Scope of services performed
• A `findings" section which will detail any recognized environmental conditions (RECs)
identified by the assessment
• The opinion of the environmental professional
• Any conclusions drawn from the assessment
Ms. Michele Lindau
March 28, 2019
Page 3
Task 2 - Asbestos and Regulated Materials (ARM) Survey
An ARM Survey will be performed for the Site using destructive sampling methods to ensure all
regulated materials, or potentially regulated materials, are identified, sampled, and quantified.
The ARM Survey will include:
Asbestos Sam Ip inc
WSB will perform asbestos sampling at the Site structure to identify friable and non -friable
asbestos -containing materials (ACM) in accordance with EPA, MPCA, and MDH rules and
regulations. In addition, WSB will identify ACM that could become friable during
renovation/demolition activities, and according to State and Federal regulations, would require
abatement prior to disturbance. The survey will be performed by a US EPA -accredited and MDH-
certified AHERA Asbestos Inspector. It is anticipated that building materials disturbed during
sampling will not be replaced, including roofing materials.
Lead -Based Paint SamOina
WSB will collect lead -based paint (LBP) chip samples of predominate painted/coated surfaces at
the Site building. Additionally, painted/coated concrete surfaces that have the potential to be
recycled during the renovation/demolition process will be sampled. If LBP is detected, the
surfaces will be identified as requiring special management during recycling. The limited lead
sampling is not intended to satisfy Occupational Health and Safety Administration (OSHA) or
Housing and Urban Development (HUD) testing requirements.
Regulated Materials Inventory
WSB will complete an inventory of regulated materials that may require special handling and/or
disposal prior to renovation/demolition at the Site. WSB will also note other items present that
may require special attention prior to or during renovation/demolition including; wells, septic
systems, above/underground tanks, hoists, and oil water separators.
Final Documentation and Reportinu
WSB will summarize the results of the ARM Survey in a final report. At a minimum, the report will
include the following:
• Scope of work
• Sampling methods and procedures
• Figures identifying ACM and LBP sample locations
• Regulated materials inventory
• Investigation results including locations and quantities of all identified ACM and LBP
• Conclusions and recommendations
Ms. Michele Lindau
March 28, 2019
Page 4
Task 3 — Land Survey
A general land survey will be completed for the Site. The survey will include:
• Topographic Survey - Locating all visible features on the Site, including but limited to;
buildings, hard surfaces, utilities, trees and landscaping.
• Boundary Survey - Setting and marking all Site corners.
Assumptions
Task 1 — Phase I ESA Assumptions
The following items are assumed for Task 1
• Property access will be facilitated by the City.
• Based on available MPCA information, no MPCA regulatory file reviews will be required.
• If additional MPCA file reviews are needed, they can be completed at an estimated cost
of $300 each.
• An Environmental Lien and AULs search will not be completed as part of this scope.
• If a reliance letter is desired, the cost is $300 per reliance letter and $100 for each
additional entity/party listed on the letter.
• The City will provide one final report review.
Task 2 — ARM Survey Assumr.)tions
The following conditions are assumed for Task 2:
• The City will provide Site access.
• Destructive sampling methods will be used and any damage caused during sampling will
not be repaired by WSB.
• It is anticipated that 50 asbestos bulk samples and 5 lead -based paint chip samples will
be collected and analyzed using a standard 5-day turnaround timeframe.
• Additional asbestos samples will be charged at a rate of $6.00 per sample and additional
paint samples will be charged at a rate of $10.00 per sample.
• The limited lead sampling is not intended to satisfy OSHA or HUD testing requirements.
• The City will provide one final report review.
Task 3 — Land Survey Assumr)tions
The following conditions are assumed for Task 4:
• This type of survey requires an ownership and encumbrance for the parcel (O&E). An
additional $250 fee will apply if the City does not have an O&E.
• This scope does not include certification of ALTA/NSPS Table A items 1, 2, 3, 4, 5, 6a,
7a, 8, and 11.
Ms. Michele Lindau
March 28, 2019
Page 5
Total Cost and Schedule
The estimated cost to perform the described Environmental and Survey Services is not to exceed
$8,080. The table below presents the estimated cost breakdown for each task presented in this
scope.
1 — Phase I ESA
$2,031
2 -Asbestos and Regulated Materials Survey
$2,589
3 — Land Survey
$3,460
Total Project Cost
$8,080
If additional work is required beyond the summarized scope above, WSB will receive
authorization from the City prior to initiating the work. Upon authorization, WSB can initiate the
work immediately. If you wish to authorize this work, please sign below and submit a copy to
WSB.
Sincerely,
WSB
Ryan Spencer, CHMM
Senior Environmental Scientist
I hereby authorize the above scope of work, schedule, and cost.
Name (Print)
Signature
Date
Enclosures
WSB 2019 Rate Schedule
General Contract Provisions
ws b
Billing Rate/Hour
$166-$185
$150-$185
$132-$146
$116-$146
$88-$109
$116-$146
$69-$109
$99-$143
$57-$94
$93-$118
One -Person Crew
$145
Two -Person Crew
$190
Three -Person Crew
$205
$52-$92
Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the
above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT)
service rates]. Mileage can be charged separately, if specifically outlined by contract. I Reimbursable expenses include costs asso-
ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. Multiple rates illustrate the varying levels of
experience within each category. Rate Schedule is adjusted annually.
WSBENG.COM
WSB & ASSOCIATES, INC.
EXHIBIT A
GENERAL CONTRACT PROVISIONS
ARTICLE 1 — PERFORMANCE OF THE WORK
Consultant shall perform the services under this Agreement in accordance with the care and skill
ordinarily exercised by members of Consultant's profession practicing under similar circumstances at the
same time and in the same locality. Consultant makes no warranties, express or implied, under this
Agreement or otherwise, in connection with its services.
ARTICLE 2 — ADDITIONAL SERVICES
If the Client requests that the Consultant perform any services which are beyond the scope as set forth in
the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside
of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the
additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in
both compensation and time to perform.
ARTICLE 3 — SCHEDULE
Unless specific periods of time or dates for providing services are specified in a separate Exhibit,
Consultant's obligation to render services hereunder will be for a period which may reasonably be
required for the completion of said services. The Client agrees that Consultant is not responsible for
damages arising directly or indirectly from any delays for causes beyond Consultant's control. For
purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes;
severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other
emergencies; any action or failure to act in a timely manner by any government agency; actions or failure
to act by the Client or the Client's contractor or consultants; or discovery of any hazardous substance or
differing site conditions. If the delays outside of Consultant's control increase the cost or the time required
by Consultant to perform its services in accordance with professional skill and care, then Consultant shall
be entitled to a reasonable adjustment in schedule and compensation.
ARTICLE 4 — CONSTRUCTION OBSERVATION
If requested by Client, Consultant shall visit the project during construction to become familiar with the
progress and quality of the contractors' work and to determine if the work is proceeding, in general, in
accordance with plans, specifications or other contract documents prepared by Consultant for the Client.
The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or
continuous project review and observation services.
Consultant neither guarantees the performance of any Contractor retained by Client nor assumes
responsibility for any Contractor's failure to furnish and perform the work in accordance with the
construction documents. Client acknowledges Consultant will not direct, supervise or control the work of
contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the
contractors' means, methods, or procedures of construction. Consultant's services do not include review
or evaluation of the Client's, contractor's or subcontractor's safety measures, or job site safety. Job Site
Safety shall be the sole responsibility of the contractor who is performing the work.
For Client -observed projects, the Consultant shall be entitled to rely upon and accept representations of
the Client's observer. If the Client desires more extensive project observation or full-time project
representation, the Client shall request such services be provided by the Consultant as an Additional
Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and
conditions of the requested project observation.
ARTICLE 5 — OPINIONS OF PROBABLE COST
Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic
analyses of alternate solutions and utilitarian considerations of operations and maintenance costs,
collectively referred to as "Cost Estimates," provided for are made or to be made on the basis of the
Consultant's experience and qualifications and represent the Consultant's best judgment as an
experienced and qualified professional design firm. The parties acknowledge, however, that the
Exhibit A —General Contract Provisions 11.01.16 Page 1
Consultant does not have control over the cost of labor, material, equipment or services furnished by
others or over market conditions or contractor's methods of determining their prices, and any evaluation
of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as
simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs
may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes
no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims
related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost
Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities.
ARTICLE 6 — REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE
All documents, including reports, drawings, calculations, specifications, CADD materials, computers
software or hardware or other work product prepared by Consultant pursuant to this Agreement are
Consultant's Instruments of Service and Consultant retains all ownership interests in Instruments of
Service, including copyrights. The Instruments of Service are not intended or represented to be suitable
for reuse by the Client or others on extensions of the Project or on any other project. Copies of
documents that may be relied upon by Client are limited to the printed copies (also known as hard copies)
that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for
convenience of Client. Any conclusion or information obtained or derived from such electronic files will be
at the user's sole risk. Consultant makes no representations as to long term compatibility, usability or
readability of electronic files.
If requested, at the time of completion or termination of the work, the Consultant may make available to
the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and
expenses incurred to the date and time of termination, and (ii) fulfillment of the Client's obligations under
this Agreement. Any use or re -use of such Instruments of Service by the Client or others without written
consent, verification or adaptation by the Consultant except for the specific purpose intended will be at
the Client's risk and full legal responsibility and Client expressly releases all claims against Consultant
arising from re -use of the Instruments of Service without Consultant's written consent, verification or
adaptation.
The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from
any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly
arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any
person or entity that acquires or obtains the reports, plans and specifications from or through the Client
without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments
of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or
implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to
compensation for any consent, verification or adaption of the Instruments of Service for extensions of the
Project or any other project.
ARTICLE 7 — PAYMENTS
Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is
entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on
the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from
the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary
course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30)
days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the
maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments
of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or
damage by Client for reason of withholding services or instruments of service until all invoices are paid in
full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable
attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant
may, after giving seven (7) days' written notice to Client, suspend services under this Agreement until it
receives full payment for all amounts then due for services, expenses and charges. Payment methods,
expenses and rates may be more fully described in Exhibit C and Exhibit E.
Exhibit A — General Contract Provisions 11.01.16
Page 2
ARTICLE 8 — SUBMITTALS AND PAY APPLICATIONS
If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the
Consultant's certification for payment shall constitute a representation to the Client, that to the best of the
Consultant's knowledge, information and belief, the Work has progressed to the point indicated and that
the quality of the Work is in general accordance with the Documents issued by the Consultant. The
issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made
exhaustive or continuous on -site inspections to check the quality or quantity of the Work, (2) reviewed
construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions
received from Subcontractors and material suppliers and other data requested by the Client to
substantiate the Contractor's right to payment, or (4) ascertained how or for what purpose the Contractor
has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively
responsible for its Work.
If the Scope of Work includes Consultant's review and approval of submittals from the Contractor, such
review shall be for the limited purpose of checking for conformance with the information given and the
design concept. The review of submittals is not intended to determine the accuracy of all components,
the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in
construction, and those responsibilities remain exclusively with the Client's contractor.
ARTICLE 9 — HAZARDOUS MATERIALS
Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and
agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or
disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are
defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and
which may be found or identified on any Project which is undertaken by Consultant.
The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from
and against any and all claims, losses, damages, liability and costs, including but not limited to costs of
defense, arising out of or in any way connected with, the presence, discharge, release, or escape of
hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not
apply to such liability as may arise out of Consultant's sole negligence in the performance of services
under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or
contaminants specifically identified by the Client and included within Consultant's services to be provided
under this Agreement.
ARTICLE 10 — INSURANCE
Consultant has procured general and professional liability insurance. On request, Consultant will fumish
client with a certificate of insurance detailing the precise nature and type of insurance, along with
applicable policy limits. Additional Insurance requirements are listed in Exhibit D.
ARTICLE 11 —TERMINATION OR SUSPENSION
If Consultant's services are delayed or suspended in whole or in part by Client, or if Consultant's services
are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant,
Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its
option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in
this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things,
such delay or suspension and reactivation and the fact that the time for performance under this
Agreement has been revised.
This Agreement may be terminated by either party upon seven (7) days written notice should the other
party fail substantially to perform in accordance with its terms through no fault of the party initiating the
termination. In the event of termination Consultant shall be compensated for services performed prior to
termination date, including charges for expenses and equipment costs then due and all termination
expenses.
This Agreement may be terminated by either party upon thirty (30) days' written notice without cause.
Consultant shall upon termination only be entitled to payment for the work performed up to the Date of
termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data
Exhibit A —General Contract Provisions 11.01.16
Page 3
files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium
whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining
to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client
upon payment of all amounts due as of the date of termination. All provisions of this Agreement
allocating responsibility or liability between the Client and Consultant shall survive the completion of the
services hereunder and/or the termination of this Agreement.
ARTICLE 12 —INDEMNIFICATION
The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the
extent caused by the Consultant's negligence or willful misconduct.
The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the
extent caused by the Client's negligence or willful misconduct.
ARTICLE 13 — WAIVER OF CONSEQUENTIAL DAMAGES
The Consultant and Client waive claims against each other for consequential damages arising out of or
relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses,
for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss
of management or employee productivity or of the services of such persons; and (2) Damages incurred
by the Consultant for principal office expenses including the compensation for personnel stationed there,
for losses of financing, business and reputation and for loss of profit except anticipated profit arising
directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of
their contractors, subcontractors or suppliers.
ARTICLE 14 —WAIVER OF CLAIMS FOR PERSONAL LIABILITY
It is intended by the parties to this Agreement that Consultant's services shall not subject Consultant's
employees, officers or directors to any personal legal exposure for the risks associated with this
Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees
that as the Client's sole and exclusive remedy, any claim, demand or suit shall be directed and/or
asserted only against Consultant, and not against any of Consultant's individual employees, officers or
directors.
ARTICLE 15 — ASSIGNMENT
Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the
Agreement nor any claims that may arise from services or payments due under the Agreement without
the written consent of the other Party. Any assignment in violation of this provision shall be null and void.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in
favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of
Consultant and Client and there are no other intended beneficiaries of this Agreement.
ARTICLE 16 — CONFLICT RESOLUTION
In an effort to resolve any conflicts that arise during the design or construction of the project or following
the completion of the project, the Client and Consultant agree that all disputes between them arising out
of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any
formal legal proceedings.
ARTICLE 17 — CONFIDENTIALITY
The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the
Consultant's employees, subconsultants and the general contractor and subcontractors, if appropriate,
any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These
provisions shall not apply to information in whatever form that comes into the public domain, nor shall it
restrict the Consultant from giving notices required by law or complying with an order to provide
information or data when such order is issued by a court, administrative agency or other authority with
proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the
Agreement or defend itself from any suit or claim.
Exhibit A —General Contract Provisions 11.01.16
Page 4
ARTICLE 18 — AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY
Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per
claim. The Consultant's total liability to Client shall not exceed the total available insurance policy limits
per claim available to Consultant under its professional liability insurance policy. Client hereby agrees
that to the fullest extent permitted by law, the Consultant's total liability to Client for any and all injuries,
claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from
this Agreement from any cause or causes including, but not limited to, Consultant's negligence, errors,
omissions, strict liability, breach of contract or breach of warranty (Client's Claims) shall not exceed the
total policy limits available to Consultant under its professional liability insurance policy for settlement or
satisfaction of Client's Claims under the terms and conditions of the Consultant's professional liability
insurance policy applicable hereto.
Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to
Consultant's provision of geotechnical engineering services, construction materials testing, special
inspections, and/or environmental engineering services, including but not limited to environmental site
assessments, that Consultant's liability for any claims asserted by or through Client shall be limited to
$50,000.
Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or
consequential damages (including loss of use or loss of profits) sustained by the other, its successors or
assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the
theory of recovery plead or asserted.
ARTICLE 19 — CONTROLLING LAW
This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising
out of or relating to this Agreement, or the breach thereof, including but not limited to claims for
negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of
the state of Minnesota.
ARTICLE 20 — LOCATION OF UNDERGROUND IMPROVEMENTS
Where requested by Client, Consultant will perform customary research to assist Client in locating and
identifying subterranean structures or utilities. However, Consultant may reasonably rely on information
from the Client and information provided by local utilities related to structures or utilities and will not be liable
for damages incurred where Consultant has complied with the standard of care and acted in reliance on that
information. The Client agrees to waive all claims and causes of action against the Consultant for claims
by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or
damages to underground improvements resulting from subsurface penetration locations established by
the Consultant.
Exhibit A —General Contract Provisions 11.01.16
Page 5
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Memorandum
To: Tom Weidt, Mayor, City of Hugo
Hugo City Council
CC: Rachel Juba, Planner, City of Hugo
Mark Erichson, City Engineer, WSB
From: Tony Havranek, Senior Ecologist, WSB
Date: April 1, 2019
Re: City Project No. 18.7
WSB Project No. 013262-00
The purpose of this memo is to recommend approval of a MN Joint Application received from Ken
Meek (Earth Science Associates) on behalf of Chris Stokka (MW F Properties) requesting
approval for no -loss, sequencing flexibility, and wetland impact replacement associated with the
development of a parcel in the Frenchman 1s' Addition.
The proposed project involves constructing a 45-unit apartment complex along Rosemary Way,
between Festival Foods and Crist Lutheran Church. I have attached a map showing the location
of the project as well as proposed impact areas.
The project will result in a total of 0.05 acres of Wetland Conservation Act (WCA) regulated
wetlands. These are in two (2) areas located west and east of the parking structure. Area D is
on the east side of the project area near the proposed stormwater pond and totals 2,135 square
feet. Area F is on the west side of the project area and totals 50 square feet. Both wetland areas
are degraded due to the prevalence of invasive reed canary grass and qualify for sequencing
flexibility.
The applicant is proposing to use 0.1 acres (4,356 square feet) of excess wetland credit from the
Rosemary Way Mitigation Area which contains 18,479 square feet of available wetland credit for
projects in the Frenchman development. The project is required to replace at a 2:1 ratio (0.05
acres of impact requires 0.10 acres of wetland replacement).
Based on the information provided in the application and on -site visits with the applicant and TEP,
I am recommending approval of the application for the Rosemary Apartments Development with
the conditions specified in the attached Notice of Decision.
Attachments:
Notice of Decision
Project area map
K:\013262-000\Admin\Permits\18.7 Hugo Family Housing (Rosemary Site)\Replacement\Memorandum_HugoCityCouncil_RosemaryApartment_040119.docx
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit (LGU) Address
City of Hugo 14669 Fitzgerald Ave. N., Hugo, MN 55038
1. PROJECT INFORMATION
Applicant Name Project Name: Date of Application Application
Chris Stokka-MWF Frenchman 1 st/Norman 2/15/18- Incomplete Number
Properties Woods/Rosemary Apartments 3/7/18- Complete 18.7
Ken Meek- Earth PID- 1903121210013 013262-00
Science Associates
® Attach site locator map.
Type of Decision:
❑ Wetland Boundary or Type ® No -Loss ❑ Exemption ® Sequencing
® Replacement Plan ❑ Banking Plan
Technical Evaluation Panel Findings and Recommendation 1
❑ Approve ❑ Approve with conditions
Summary (or attach):
2. LOCAL GOVERNMENT UNIT DECISION
❑ Deny
Date of Decision: April 1, 2019
❑ Approved ® Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
BWSR Forms 11-25-09 Page 1 of 5
Ken Meek (Earth Science Associates) submitted a MN Joint Application on February 15, 2019 on
behalf of Chris Stokka (MAT Properties) requesting a no -loss, sequencing, sequencing flexibility, and
replacement plan approval. The application was considered complete on March 7, 2019. A notice of
decision was issued on November 5, 2018 approving an updated wetland boundary and type
application.
The project involves constructing a 45-unit apartment complex along with parking (above and below
ground) and stormwater facilities which will result in wetland impacts in five (5) different areas of the
parcel and are further divided into six (6) areas; Areas A, B, C, D, E, and F.
Areas A, B, and C are located along the northern boundary of the project limits and are proposed to
accommodate stormwater treatment. Area D may be found in the southeastern corner of the project and
also accomodates stormwater treatment, while areas E and F are found in the southwestern portion of
the project and are proposed to accomodate parking.
No -loss
The applicant is requesting a no -loss for areas A, B, C, and E. These areas do support soil, hydrologic,
and vegetative wetland characteristics, but may be considered incidental as they were newly delineated
(in 2018) since a prior, approved wetland boundary delineation completed in 2012. Since the 2012
wetland delineation, a wetland mitigation area was constructed adjacent to the proposed development
site, which increased hydrology sitewide. This resulted in the creation of wetland in nonwetland areas,
by actions of which the purpose was not to create wetland area outside of the defined conservation
easement. Large spoils piles also directed additional drainage to Areas A, B, and C.
Sequencing and Sequencing Flexibility_
The application discusses alternative sites and the no -build option to avoid all wetland impacts. The
alternative site consideration was rejected as the project required city sewer, water, and utilities and the
current site also provides the road network connection needed for residential development. The no -
build option was rejected, as not building the apartment complex would not help meet the need for
affordable housing within the City of Hugo.
The applicant provided four (4) alternatives that varied the number of units and parking stalls and
shifted the footprint of the building, parking area, and stormwater facilities. Alternative 4 minimized
the amount of permanent wetland impact and was selected as the preffered alternative. Wetland
impacts were minmized from 0.42 acres to 0.18 acres as part of this analysis.
Lastly, the applicant requests sequencing flexibility for permanent wetland impacts in Areas D and F.
The wetland where these areas are found is dominated by reed canary grass. A MnRAM analysis was
completed for both the impacted wetland and the replacement wetland. This analysis showed that the
impacted wetland is categorized as Manage 3, which requires the least amount of protection. Six (6) of
eight (8) functions were rated as low and two (2) of eight (8) functions were rated as moderate
(stormwater attentuation and wetland sensitivety to stormwater and urban developoment; while
vegetative diversity/integrity was ranked low). The proposed replacement wetland was ranked as
Preserve which requires the greatest amount of protection. This wetland ranked moderate for two (2)
of nine (9) functions, high for six (6) of nine (9) functions, and exceptional for one (1) of nine (9)
functions (aesthetics/recreation/education/cultural). Based on this analysis, replacement for impacts to
the degraded wetlands with the replacement wetland would result in a gain in function and public
value.
BWSR Forms 11-25-09 Page 2 of 5
Replacement
The applicant is proposing to replace for permanent wetland impacts using excess credits from the
Rosemary Mitigation Site. Wetland areas D and F will result in a total impact of 2,185 square feet,
requiring replacement at a 2:1 ratio (4,370 square feet). There are currently 18,479 square feet of
replacement wetland credits available in the Rosemary Wetland Mitigation Site.
Based on the information provided in the attached MN Joint application titled "Wetland Replacement
Plan, Norman Woods, Rosemary Way, Hugo, MN 55038" and dated March 2019; along with
supporting documents, the application for no -loss, sequencing flexibility, and replacement is
approved with the following conditions:
Conditions
1.) The boundaries of the 2012 wetland delineation are clearly marked.
2.) The boundaries of the perpetual conservation easement that protects the Rosemary
Mitigation Site are clearly marked.
3.) Impacts to areas D and F are complete by September 2019 when all excess credits from the
Rosemary Mitigation Site will expire.
For Replacement Plans using credits from the State Wetland Bank:
Bank Account #
Bank Service Area
County
Credits Approved for Withdrawal
(sq. ft. or nearest .01 acre)
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval
of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance
specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9
(List amount and type in LGU Findings).
❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the
BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have
been filed with the county recorder's office in which the replacement wetland is located.
❑ Credit Withdrawal: For replacement consisting ofwetland bank credits, confirmation that BWSR has
withdrawn the credits from the state wetland bank as specified in the approved replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LUU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name: Title:
Tony Havranek Senior Ecologist (WSB & Associates, Inc.), on behalf of the
City of Hugo
BWSR Forms 11-25-09 Page 3 of 5
Signature Date: Phone Number and E-mail:
(612)246-9346, thavranek@wsbeng.com
y
THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT.
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period for
appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and
specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for
appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the
following as indicated:
Check one:
❑ Appeal of an LGU staff decision. Send petition
and $ fee (if applicable) to:
® Appeal of LGU governing body decision. Send
petition and $500 filing fee to:
Executive Director
Minnesota Board of Water and Soil Resources
520 Lafayette Road North
St. Paul, MN 55155
4. LIST OF ADDRESSEES
® SWCD TEP member: Jay Riggs, Washington Conservation District, 455 Hayward Avenue North,
Oakdale, MN 55128 jriggsAmnwcd.org
® BWSR TEP member: Ben Meyer, Board of Water & Soil Resources, 520 Lafayette Road N., St. Paul,
MN 55155, ben.mgyg-C&state.mn.us
® LGU TEP member (if different than LGU Contact): Rachel Juba, City of Hugo, rjubaAci.hus;o.mn.us
Scott Anderson, City of Hugo, sanderson rni.hugo.mn.us
® DNR TEP member: Becky Horton, Minnesota Department of Natural Resources, 1200 Warner Road,
St. Paul, MN 55106 becky.hortonfar state.mn.us Jenifer Sorensen, MN DNR,
ienifer.sorenseaCa state.mn.us
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Nick Tomczik, Rice Creek Watershed District, 4325 Pheasant Ridge
Drive, Suite 611, Blaine, MN 55449-4539 ntomczik@ricecreek.org
® Applicant (notice only) and Landowner (if different): Chris Stokka,
ChrisStokkar"&mwfproperties.com Ken Meek, esa332 ,Qrnail.com
❑ Members of the public who requested notice: Stephanie Hatten, WSB, shattenwsbeng.com
® Corps of Engineers Project Manager (notice only): Mariah Weitzenkamp, US Army Corps of
Engineers, Mariah.M.Weitzenkamp(ir7usace.army.mil
❑ BWSR Wetland Bank Coordinator (wetland bank Man avulications only):
5. MAILING INFORMATION
➢ For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf
BWSR Forms 11-25-09 Page 4 of 5
➢ For a list of DNR TEP representatives, see: °vww.bwsr.state.mn.us/wetlands/wca/DNR TEP_contacts.pdf
➢ Department of Natural Resources Regional Offices:
NW Region:
NE Region:
Central Region:
Southern Rep -ion:
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
2115 Birchmont Beach Rd. NE
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
Bemidji, MN 56601
Grand Rapids, MN 55744 1
St. Paul, MN 55106
New Ulm, MN 56073
For a map of DNR Administrative Regions, see: htW:Hfiles.dnr.state.nm.us/aboutdnr/dnr regions p
➢ For a list of Corps of Project Managers, see: www.myp.usace.armv.mil/reug latorv/default.asp?pageid=687 or send
to: Dept. of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
➢ For Wetland Bank Plan applications, also send a copy of the application to:
Minnesota Board of Water and Soil Resources
Wetland Bank Coordinator
520 Lafayette Road North
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
® Wetland Replacement Plan, Norman Woods, Rosemary Way, Hugo, MN 55038 and dated March
2019and dated March 19, 2019
® Rosemary Credit Tracking Sheet Updated April 1, 2019
BWSR Forms 11-25-09 Page 5 of 5
Wetland Replacement Plan
Norman Woods
Rosemary Way
Hugo, Minnesota 55038
45.166* N., 93.012 * W.
Frenchman Place I St Addition, Outlot B
Section 19, T.31 N., R.21 W.
Washington County, Minnesota
Prepared on Behalf of
Mr. Chris Stokka
Development Manager
MWF Properties
7645 Lyndale Avenue South
Minneapolis, MN 55423
Prepared by:
Earth Science Associates, Inc.
37445 Grand Avenue
North Branch, Minnesota 55056
ESA Project #11218-19
Revision 1
March 2019
PROJECT OVERVIEW
MWF Properties, the applicant, intends to develop the south part of Frenchman 15Y Addition, Outlot B, into a 45
unit apartment complex. This property is a commercial lot, located along the north side of Rosemary Way,
which had been constructed in 2014. The north part of Outlot B contains a wetland mitigation area created for
the purposes of providing in -advance wetland mitigation for the street construction and for unavoidable
wetland which would occur as the commercial lots along this section of the street became developed.
Presently, 18,479 square feet of wetland credit, approved by the state under WCA, remains for future
development at this site.
The proposed 45 unit apartment will have underground parking in addition to the outdoor parking lot. The
building pad would contain fill to accommodate the underground parking while still maintaining adequate
vertical separation above the adjacent wetlands.
The following layouts have been considered by applicant to avoid and minimize wetland impact, while meeting
city code:
1. 57 unit site plan — 0.42 AC wetland impact (fill)
2.45 unit site plan — 0.32 AC
3.45 unit site plan shifted south —0.30 AC
4. 45 unit site plan, shifted south, parking reconfigured to 43 parking stalls (Preferred Alternative) — 0.18 AC
Wetland mitigation will be accomplished at a 2:1 ratio using those credits from the north part of Outlot B.
Sequencing flexibility under Minn. R. 8420.0520, Subp. 7a. is requested for those wetland impacts located east
and west of the wetland conservation area (Impact areas D, E and F) since the wetland function and value of the
replacement credits are greater that impact being proposed. Wetland impact areas A, B and C are exempt from
wetland replacement since they are incidental wetlands and not subject to wetland replacement under WCA
(Minn. R. 8420.0105 Subp. 2.D.).
TABLE OF CONTENTS
• Interagency Water Resource Application Form
• Attachment B — Supporting Information for Applications Involving Exemptions, No Loss
Determinations, and Activities Not Requiring Mitigation
• Attachment C - Avoidance and Minimization
• Wetland Sequencing Exhibit
• Attachment D — Replacement/Compensatory Mitigation
• Site Locator Map
• Project Alternatives
1. 1. 57 unit site plan
2. 2.45 unit site plan
3. 3.45 unit site plan shifted south
4. 4.45 unit site plan, shifted south, parking reconfigured to 43 parking stalls (Preferred Alternative).
• Wetland Functional Assessment Report
• Wetland Delineation & Conservation Easement Figures
Project Name and/or Number:
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's
contact information must also be provided.
Applicant/Landowner Name: Mr. Chris Stokka, Development Manager
MWF Properties
Mailing Address: 7645 Lyndale Avenue South
Minneapolis, MN 55423
Phone: 612-243-4636
E-mail Address: ChrisStokka@mwfproperties.com
Authorized Contact (do not complete if same as above):
Mailing Address:
Phone:
E-mail Address:
Agent Name:
Kenneth Meek, PG, CPG
Earth Science Associates, Inc.
Mailing Address:
37445 Grand Avenue
North Branch, 55056
Phone:
612-718-0413
E-mail Address:
esa332@gmail.com
PART TWO: Site Location Information
County: Washington City/Township: Hugo
Parcel ID and/or Address: 19.031.21.21.0013
Legal Description (Section, Township, Range): Sec.19, Twp. 31 N., Rng. 21 W.
Lat/Long (decimal degrees): 46.103 N., 92.783 W.
Attach a map showing the location of the site in relation to local streets, roads, highways.
Approximate size of site (acres) or if a linear project, length (feet):
18.15 acres total. Approximately 3 acres of high ground in the south part would be developed.
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must
provide the names and addresses of all property owners adjacent to the project site. This information may be
provided by attaching a list to your application or by using block 25 of the Application for Department of the Army
permit which can be obtained at:
httr!//wv nvo.usace.armv.mil/l-. rtalslI 'regulatory/Regulatory_ _s/eneform 4345 2012oct.pdf
Minnesota Interagency Water Resource Application Form February 2014 Page 3 of 16
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings
showing the location, character, and dimensions of all proposed activities and aquatic resource impacts.
The applicant (MWF Properties) proposes to construct a 45 unit multi -family complex on the 3 acre
commercial property portion located adjacent to Rosemary Way in the south part of Frenchman 1'
Addition, Outlot B. The north part of Outlot B contains a wetland mitigation area created for the
purposes of providing in -advance wetland mitigation for the street construction and for unavoidable
wetland impact which would occur as the commercial lots along Rosemary Way in the Frenchman 15t
and 2"d Additions became developed. Presently, 18,479 square feet of wetland credit, approved by the
state under WCA, remains for future development at this site.
The need for the project reflects in the demand for multi -family housing in the peripheral suburbs of the
City of Hugo. The City has water, sewer and a vast network of city/county road that connect to 1-35E.
This makes the commute (approximately 20 miles or less) to the Twin Cities metropolitan area a more
favorable opportunity for potential renters than Anoka or Chisago Counties. Therefore, based on the
locality of the development, the infrastructure, and the need/demand for this type of housing, the
applicant believes the purpose and need would meet the renter's perspectives.
Minnesota Interagency Water Resource Application Form February 2014 Page 4 of 16
Project Name and/or Number:
PART FOUR: Aquatic Resource Impact' Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view
map, aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed
impacts. Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Aquatic Resourc
ID (as noted on
overhead view)
AREA A*
AREA B*
AREA C*
AREA D
AREA E
AREA F
TOTAL
Type of Impact
Aquatic
(fill, excavate,
e
drain, or
Resource Typ
(wetland, lake,
tributary etc.) remove
vegetation)
Wetland
FILL
Wetland
FILL
Wetland
FILL'
Wetland
FILL
Wetland
FILL
Wetland
FILL
Duration of
Impact
Permanent (P)
or Temporary
(T)1
Size of Impact'
Overall Size of
Aquatic
Resource 3
P
2145sf, 0.05ac
P
1777sf, 0.05ac
P
1550sf, 0.04ac
P
2135sf, 0.05ac
P
146sf, 0.00ac
P
50sf.0.00ac
7803sf, 0.18ac
20ac
Existing Plant
County, Major
W#,
Watershed
Community
Type(s) in
and Bank
Impact Area
Service Area #
of Impact Areas
TYPE 2
WASHINGTON,
FRESH(WET)
#20,
MEADOW
#7
* REFERS TO 2018 DELINEATED WETLAND BOUNDARY. MORE WETLAND WAS PRESENT IN 2018 vs 2012 DUE TO EXPANDING OF
WETLAND FROM THE IN -ADVANCE MITIGATION AREA.
TOTAL 2012 WETLAND IMPACT=2185sf, 0.05ac TOTAL 2018 WETLAND IMPACT=5618sf, 0.13ac
llf impacts are temporary; enter the duration of the impacts in days next to the "T". For example, a project with a temporary access fill that
would be removed after 220 days would be entered "T (220)".
2Impacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft (300 square feet).
3This is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter "N/A
4Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3`d Ed. as modified in MN Rules 8420.0405 Subp. 2.
SRefer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
No wetland impact has occurred to date.
1 The term "impact" as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
Minnesota Interagency Water Resource Application Form February 2014 Page 5 of 16
PART FIVE: Applicant Signature
❑ Check here if you are requesting a are -application consultation with the Corps and LGU based on the information you have
Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the autho
to undertake the work described. herein.
Signature:
Date: Z `I 3' - )
I hereby authorize Earth Science `Ag-ociates Inc. to act on my behalf as my agent in the processing of this application and to furnish,
request, supplemental information in support of this application.
Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 19
Project Name and/or Number:
Attachment B
Supporting Information for Applications Involving Exemptions, No Loss
Determinations, and Activities Not Requiring Mitigation
Complete this part if you maintain that the identified aquatic resource impacts in Part Four do not require wetland
replacement/compensatory mitigation OR if you are seeking verification that the proposed water resource impacts are either
exempt from replacement or are not under CWA/WCA jurisdiction.
Identify the specific exemption or no -loss provision for which you believe your project or site qualifies:
Wetland impact areas A, B, C and E were not wetland in 2012 before the in -advance wetland replacement
area (Outlot B Conservation Easement) was created. Wetland in these areas had further expanded to the
2018 wetland boundary as the adjoining in -advance wetland replacement area became established. Since
areas A, B, C and E were not intended to be wetland they are considered "incidental wetland" and, therefore,
would not be subject to wetland mitigation under WCA (Minn. R. 8420.0105 Subp. 2. D.).
Minnesota Interagency Water Resource Application Form February 2014 Page 7 of 16
Project Name and/or Number:
Attachment C
Avoidance and Minimization
Project Purpose, Need, and Requirements. Clearly state the purpose of your project and need for your project. Also include a
description of any specific requirements of the project as they relate to project location, project footprint, water management,
and any other applicable requirements. Attach an overhead plan sheet showing all relevant features of the project (buildings,
roads, etc.), aquatic resource features (impact areas noted) and construction details (grading plans, storm water management
plans, etc.), referencing these as necessary:
The applicant (MWF Properties) proposes to construct a 45 unit multi -family complex on the 3 acre commercial
property portion located adjacent to Rosemary Way in the south part of Frenchman 15` Addition, Outlot B. In
addition to underground parking, there would be 43 outdoor parking stalls. There would be one stormwater pond
and one rain garden area to control and treat impervious surface runoff as required by the City of Hugo (see
grading plans).
The need for the residential development comes from the lack of affordable single-family homes in the City
of Hugo area. The closeness to the Twin City metropolitan area makes Hugo and idea distance for
commuting, while providing the services of a large metropolitan area. Therefore, the applicant is striving to
provide affordable housing where there is a demand.
Avoidance. Both the CWA and the WCA require that impacts to aquatic resources be avoided if practicable alternatives exist.
Clearly describe all on -site measures considered to avoid impacts to aquatic resources and discuss at least two project alternatives
that avoid all impacts to aquatic resources on the site. These alternatives may include alternative site plans, alternate sites, and/or
not doing the project. Alternatives should be feasible and prudent (see MN Rules 8420.0520 Subp. 2 Q. Applicants are encouraged
to attach drawings and plans to support their analysis:
There have been four concept/grading plans since late summer 2018 when the applicant had initially
purchased the property. The wetland delineation was done during the growing season in 2018 and approved
in late summer of 2018. This delineation had also included the in -advance wetland mitigation area.
Delineation results found that, due to the careful management during establishment of the in -advance
mitigation area, the 2018 wetland boundary had generally expanded compared to the 2012 boundary which
had been performed prior to the creation of the in -advance mitigation area. Therefore, under WCA, the
expanded areas included in the 2018 delineation are considered "incidental wetland" (Minn. R. 8420.0105
Subp. 2. D.) since these areas were not intended to be wetland, and would, therefore, be exempt from
wetland replacement.
Concept/grading plans considered include the following:
1. 57 unit site plan with 65 outdoor parking stalls — 0.42 acres of wetland fill
2. 45 unit site plan with 45 outdoor parking stalls — 0.32 acres
45 unit site plan with 45 outdoor parking stalls, shifted south — 0.30 acres
45 unit site plan with 43 parking stalls, shifted south — 0.18 acres Preferred Alternative
Minnesota Interagency Water Resource Application Form February 2014 Page 8 of 16
Norman Woods — Wetland Sequencing Exhibit
14Feb2018
Wetland
1. 57 unit site plan
2. 45 unit site plan
3. 45 unit site plan,
4. 45 unit site plan,
ID
with 65 outdoor
with 45 outdoor
shifted south,
shifted south, parking
parking stalls
parking stalls
with 45 outdoor
reconfigured to 43
parking stalls
stalls
Preferred Alternative
Wetland
Acres
Acres
Acres
Acres
Fill
A
0.08*
0.05*
B
0.06*
0.04*
C
0.07 *
0.04 *
D
0.05
0.05
E
0.03**
0.00**
F
0.01
0.00
Totals
0.42
10.32
1 0.30
1 0.18
*Additional wetland from the 2018 vs. the 2012 wetland delineation. **Includes 2012 & 18.
Zero Impact Alternatives: As required under MN Rule 8420 Subp.3.C.(1), two alternatives are
considered that avoid all wetland impacts to this site.
1. No -Build: In this alternative the vacant lot zone for commercial development with existing city
services and infrastructure to accommodate that development, would remain. The need for affordable
single family housing in close proximity to the metro area would remain un-met. Therefore, the no -build
alternative is rejected.
2. Alternate Locations: All wetland impacts to this site could be avoided by completing the project at an
alternate location. The City has water, sewer and a vast network of city/county road that connect to I-
35E. This makes the commute (approximately 20 miles or less) to the Twin Cities metropolitan area a
more favorable opportunity for potential renters than Anoka or Chisago Counties. Outside the city limits
there would be viable property for sale. However, for a development this size the applicant needs city
sewer and water, plus the road infrastructure for commuters to the Twin Cities. In addition there are
few outlying areas zoned for this type of development. For these reasons, the applicant has rejected all
off -site alternatives and proposes to develop the site selected, primarily because it offers City services,
infrastructure and is zoned appropriately.
Minimization. Both the CWA and the WCA require that all unavoidable impacts to aquatic resources be minimized to the greatest
extent practicable. Discuss all features of the proposed project that have been modified to minimize the impacts to water
resources (see MN Rules 8420.0520 Subp. 4):
As mentioned above, the applicant has avoided and minimized wetland impacts where practicable. The
attached sequencing exhibit further details where minimization has been achieved.
First, by decreasing the size of the project from 57 living units and 65 outdoor parking stalls to 45
units and 45 parking stalls, wetland impact (fill) was decreased from 0.42 to 0.32 acres, as depicted in
alternatives 1 and 2.
Second, by shifting the building and outdoor parking area southward, wetland impact was further
minimized to 0.30 acres (alternative 3).
Finally, outdoor parking was decreased to 43 stalls and the finished floor grade elevation was
decreased from 919' to 918.7'. These changes decreased the amount of fill material required around
the facility, further minimizing wetland impact to 0.18 acres (alternative 4— preferred alternative).
The applicant has demonstrated that the least damaging practicable alternative would be implemented to
have the minimal effects on the aquatic resource.
The applicant requests Sequencing Flexibility (MN R. 8420.0520 Subp. 7a.)
The applicant requests sequencing flexibility for wetland impacts D and F. As indicated in the attached
MnRAM analysis report, impacted wetlands D and F, located in the Areas East and West of the Conservation
Easement, are degraded to the point where replacement would result in certain gain in function and public
value.
Minnesota Interagency Water Resource Application Form February 2014
Page 9 of 16
Off -Site Alternatives. An off -site alternatives analysis is not required for all permit applications. If you know that your proposal
will require an individual permit (standard permit or letter of permission) from the U.S. Army Corps of Engineers, you may be
required to provide an off -site alternatives analysis. The alternatives analysis is not required for a complete application but must
be provided during the review process in order for the Corps to complete the evaluation of your application and reach a final
decision. Applicants with questions about when an off -site alternatives analysis is required should contact their Corps Project
Manager.
Off -site alternatives have been reviewed by the applicant. Most of the City of Hugo has shown vast
development in the past 15 years. In every direction within the City Limits there has been development.
Outside the city limits there would be viable property for sale. However, for a development this size the
applicant needs city sewer and water, plus the road infrastructure for commuters to the Twin Cities. The
MUSA line only extends to those limits. It would not serve the project purpose to go outside the city limits
because the development would need wells and septic systems, which is not feasible for a large multi -family
complex. Areas outside the MUSA line are not zoned for this type of development. Therefore, the applicant
has rejected all off -site alternatives and proposed to develop this which is zoned for this type of commercial
development, primarily because it offers City services and infrastructure.
Special Considerations (Minn R. 0515)
Special considerations, when identified as being applicable to an impact site or a replacement site, must be
considered by the applicant before submitting a replacement plan and by the local government unit in the
review of replacement plans. Special considerations include:
1) Endangered and threatened species.
The replacement plan does not involve taking species listed as endangered or threatened in Minn. R.
parts 6134.0200 to 6134.0400.
2) Rare natural communities.
The replacement plan does not involve the modification of a rare natural community.
3) Special fish and wildlife resources.
The replacement plan does not have a significant adverse effect on a special or locally significant fish and
wildlife resource.
4) Archaeological, historic, or cultural resource sites.
The replacement plan does not involve the modification of known archaeological, historical, or cultural
resource sites on or eligible for the National Register of Historic Places, as designated by the state historic
preservation officer.
5) Groundwater sensitivity.
The replacement plan would not have a significant adverse effect on groundwater quality.
6) Sensitive surface waters.
The replacement plan would not have a significant adverse effect on the water quality of outstanding
resource value waters listed in part Minn. R. 7050.0335 or on trout waters designated by the commissioner
7) Education or research use.
The replacement plan would not cause impacts to wetlands known to be used for educational or research
purposes.
Minnesota Interagency Water Resource Application Form February 2014 Page 10 of 16
8) Waste disposal sites.
Minor demolition debris is present at the site and will be removed during project construction activities. No
hazardous wastes or contaminants are known to exist on this site.
9) Consistency with other plans.
The City of Hugo has determined the proposed activities are consistent with other plans, such as local water
management plans, watershed management plans, land use plans, zoning, and comprehensive plans.
Page 11 of 16
Project Name and/or Number:
Attachment D
Replacement/Compensatory Mitigation
Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road
wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements.
Replacement/Compensatory Mitigation via In -Advance Banking. Complete this section if you are proposing to use credits from
an existing wetland bank (with an account number in the State wetland banking system) for all or part of your
replacement/compensatory mitigation requirements.
Wetland Bank
Account #
Major Bank
County Service
Watershed #
Area #
Credit Type
(if applicable)
Number of Credits
Outlot B Conservation
Easement
Washington
20
7
In -kind, 2:1
replacement
ratio,
Areas D and F
D, 2135sf x 2 = 4270
F, 50 x 2 =100
TOTAL=4370 sf, 0.10 acres
Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at
least a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase
agreement, signed application for withdrawal of credits or some other correspondence indicating an agreement between the
applicant and the bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the
mitigation plan is approved by the Corps and LGU.
Project -Specific Replacement/Permittee Responsible Mitigation. Complete this section if you are proposing to pursue actions
(restoration, creation, preservation, etc.) to generate wetland replacement/compensatory mitigation credits for this proposed
project.
WCA Action Eligible
1
for Credit
Corps Mitigation
Compensation
Z
Technique
Acres
Credit % Credits
3
Requested Anticipated
County
Major
Watershed #
Bank
Service
Area #
Kerer to the name and subpart number in ivnv nuie 84cu.u:)c6.
2Refer to the technique listed in St. Paul District Policy for Wetland Compensatory Mitigation in Minnesota.
31f WCA and Corps crediting differs, then enter both numbers and distinguish which is Corps and which is WCA.
Explain how each proposed action or technique will be completed (e.g. wetland hydrology will be restored by breaking the tile......)
and how the proposal meets the crediting criteria associated with it. Applicants should refer to the Corps mitigation policy
language, WCA rule language, and all associated Corps and WCA guidance related to the action or technique:
Attach a site location map, soils map, recent aerial photograph, and any other maps to show the location and other relevant
features of each wetland replacement/mitigation site. Discuss in detail existing vegetation, existing landscape features, land use
(on and surrounding the site), existing soils, drainage systems (if present), and water sources and movement. Include a
topographic map showing key features related to hydrology and water flow (inlets, outlets, ditches, pumps, etc.):
Minnesota Interagency Water Resource Application Form February 2014 Page 12 of 16
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WETLANDS FUNCTIONAL ASSESSMENT
Norman Woods
Rosemary Way
Hugo, Minnesota 55038
45.166* N., 93.012 * W.
Frenchman Place 1" Addition, Outlot B
Section 19, T.31 N., R.21 W.
Washington County, Minnesota
Prepared on Behalf of.-
Mr. Chris Stokka
Development Manager
MWF Properties
7645 Lyndale Avenue South
Minneapolis, MN 55423
Prepared by:
Earth Science Associates, Inc.
37445 Grand Avenue
North Branch, Minnesota 55056
ESA Project #11218-19
February 2019
TABLE OF CONTENTS
1.0 INTRODUCTION
2.0 METHODS
3.0 MnRAM INPUT
4.0 RESULTS
S.0 STANDARD OF CARE
Attachments:
• Site Diagram, 2017 Aerial — Wetland Boundary
• Conservation Easement Site Diagram
• P8 Water Quality Modeling Discharge Locations
• MNRAM Management Classification Reports
• MNRAM Wetland Functional Assessment & Community Summary Reports
1.0 INTRODUCTION
Frenchman Place V Addition, Outlot B
Rosemary Way
Hugo, MN
45.166* N., 93.012*W.
Section 19, T.31 N., R.21 W.
Washington County, Minnesota
As authorized by Mr. Chris Stokka, Development Manager for MWF Properties, Earth Science Associates, Inc.
(ESA) has performed a MNRAM Functional Asessment on the above referenced parcel. MWF intends to develop
the south part of Frenchman 15t Addition, Outlot B, into a 45 unit apartment complex. This property is a
commercial lot, located along the north side of Rosemary Way, which had been constructed in 2014. The north
part of Outlot B contains a wetland mitigation area created for the purposes of providing in -advance wetland
mitigation for the street construction and for unavoidable wetland which would occur as the commercial lots
along the street became developed.
MNRAM, an acronym for Minnesota Routine Assessment Method for Evaluating Wetland Functions, was
originally devised after passage of the Minnesota Wetland Conservation Act (WCA) in 1991 in order to fill the
need for a practical assessment tool that would help local authorities make sound wetland management
decisions as they assumed responsibility for regulating wetland impacts. Wetland Management Classification
within MNRAM applies the results of wetland functions and values in order to determine the various
management classifications. For each management classification level, management strategies can then be
applied to meet the general goals of wetland protection.
Our focus is on those wetlands which will be unavoidably impacted by the planned development. A wetlands
functional assessment has also been completed for the on -site replacement wetland in order to provide
assurance that the functions and values of the replacement wetland will exceed the functions and values of
those wetlands unavoidably impacted.
2.0 METHODS
Following completion of a wetland delineation and report of the subject property, the results were entered into
MNRAM version 3.4, the current edition of the program. The program asks 72 questions based on the physical
setting and field observations relating to the subject wetland. For each wetland evaluated, the program creates
Wetland Functional Assessment Summary for 12 wetland functions/value characteristics, a Wetland Community
Summary, and a Management Classification Report for each wetland evaluated.
The current grading plan will unavoidably fill portions of wetland areas at the margins of the upland area to be
developed. A description of each wetland has been summarized in the wetland delineation report previously
prepared for this site. Information from the delineation report is entered into the MNRAM program. Two
summary reports are then generated by the program, 1) A Wetland Functional Assessment & Community
Summary, and 2) a Management Classification Report.
3.0 MNRAM INPUT
Initial site data is entered into the General Information section of MNRAM 3.4. The site is located in the
Mississippi River -Twin Cities Watershed Basin, #20, in Wetland Bank Service Area 7. The subject property drains
southward into Clearwater Creek Central (See attached figure: P8 Water Quality Modeling Discharge Locations
from The Capital Improvement Plan For Stormwater Projects Within the City of Hugo (WSB, 2011). The UTM
coordinate location, elevation, and size, of each wetland is entered. The wetland basins are described below.
Outlot B Conservation Easement
• Circular 39: Type 2/3
• Cowardin: PEM1A, PEM1C
• Eggers and Reed: Fresh (Wet) Meadow / Shallow Marsh
Drainage across this area is southeasterly to the southeast part of the site, from where drainage is then
southward toward Clearwater Creek. The historical wetland area between mitigation areas 1 through 5 and
Frenchman 2"d mitigation area remains sedge meadow, dominated by hummock sedge (carexstricta). Through
careful management, additional fortis and shrubbery has become established, while invasive reed canary grass
has been diminished. Note the area marked as wetland south of the conservation easement is presently further
south than what it was in 2012. This area was included as wetland due to upslope
expansion of the hummock sedge.
The upland areas between Frenchman 2"d/ Mitigation Area 1, and north of Mitigation Area 1 in the east part of
the conservation easement were intended as buffer credit. The upland strip west and north of mitigation area 5
can also serve as buffer credit. With the exception of the area north of mitigation area 1, where the transition
from wetland to upland is abrupt, wetland to upland transitions are very gradual.
The Frenchman 2"d and mitigation area 1 have become established as Type 2 (Fresh (wet) meadow) wetlands, as
intended. Areas 2 through 5 have established themselves as Type 3 (shallow marsh) wetland dominated by
hybrid cattail (Typha x glouca) and broad-leaved arrowhead (Sagittaria latifolia). As a result, waterfowl,
amphibian, and muskrat populations have become established in these areas.
Area West of Conservation Easement
• Circular 39: Type 2/3
• Cowardin: PEM1A, PEM1C
• Eggers and Reed: Fresh (Wet) Meadow / Shallow Marsh
This area extends from the north property line southward to Rosemary Way. Drainage is southward toward
Clearwater Creek. Similar to 2012, when last delineated, this area is dominated by reed canary and hybrid
cattail. The gentle slopes and low permeability soils cause a gradual wetland to upland transition.
Area East of Conservation Easement
• Circular 39: Type 2/3
• Cowardin: PEM1A, PEM1C
• Eggers and Reed: Fresh (Wet) Meadow / Shallow Marsh
This area extends from the northeast corner, where Frenchman 15Y mitigation area had been established,
southward to Rosemary Way. Drainage is southward toward Clearwater Creek. Most of the area is dominated
by reed canary grass and hybrid cattail. The reed canary has been somewhat diminished by mowing during
management of the conservation easement to be replaced by giant bur -reed (Sparganinium eurycarpum). See
data points 4 and 5. The south part of this area contains a stormwater pond along Rosemary Way, which may
have been designed to accommodate future development. The transition from upland to wetland is gradual in
the north part of this area, and more abrupt in the south part of Outlot B around the stormwater pond and the
building area.
4.0 RESULTS
Two summary reports for each wetland under consideration have been generated by the MNRAM 3.4 program,
1) A Wetland Functional Assessment & Community Summary, and 2) a Management Classification Report.
Results are summarized below:
Areas East and West of the Conservation Easement
• These wetlands are classified as Manage 3 in the Management Classification Reports. The critical
function that caused these wetland areas to rank as Manage 3 was Vegetative Diversity. Manage 3
wetlands require the least amount of protection in order to maintain their current function and value.
• The Wetland Functional Assessment Summaries ranked the following applicable wetland functions as
Low:
• Maintenance of Hydrologic Regime
• Downstream Water Quality
• Maintenance of Wetland Water Quality
• Maintenance of Characteristic Wildlife Habitat Structure
• Aesthetical, Recreational, Educational, Cultural
• Additional Stormwater Needs
• Wetland functions ranked Moderate for these wetlands include:
• Flood / Stormwater Attenuation, and
• Wetland Sensitivity to Stormwater and Urban Development
• The Wetland Community Summary ranks Vegetative Diversity/Integrity as Low.
Outlot B Conservation Easement
• Outlot B Conservation Easement is classified as Preserve in the Management Classification Report. The
critical function that caused this wetland area to rank as Preserve was Maintenance of Hydrologic
Regime and Vegetative Diversity. Wetlands ranked Preserve require the greatest amount of protection
in order to maintain their current function and value.
• The Wetland Functional Assessment Summary for ranked the following applicable
wetland functions as Moderate:
• Flood / Stormwater Attenuation
• Wetland Restoration Potential
• Wetland functions ranked High include:
• Maintenance of Hydrologic Regime
• Downstream Water Quality
• Maintenance of Wetland Water Quality
• Maintenance of Characteristic Wildlife Habitat Structure
• Maintenance of Characteristic Amphibian Habitat, and
• Wetland Sensitivity to Stormwater and Urban Development
• Aesthetics/Recreation/Education/Cultural ranks Exceptional.
• The Wetland Community Summary ranks Vegetative Diversity/Integrity as High.
Replacement Wetland
Off -site replacement would consist of in -kind wetland credits available in the Outlot B Conservation Easement.
Since most of the wetland impact would be from the Areas East and West of the Conservation Easement, the
replacement wetland is certain to provide greater wetland function and value than those unavoidably impacted.
5.0 STANDARD OF CARE
The opinions presented in this report are based on information collected during the course of this study and
represent Earth Science Associates' professional opinion and, as such, are not a guarantee. Earth Science
Associates' professional judgment is based on generally accepted practices exercised by professionals currently
practicing in this area under similar budget and time constraints.
Certain information contained in this report may have been provided by companies, agencies, and/or personal
contacts not within Earth Science Associates' employ. Earth Science Associates will make no representation or
warranties that such information is accurate or that any independent investigation, beyond the agreed Scope of
Services, has been or will be made to verify the accuracy of such information.
Prepared/Reviewed by:
Earth Science Associates, Inc.
Kenneth E. Meek, PG, CPG
Principal
Registered Professional Geologist (MN) #30221
AIPG Certified Professional Geologist (USA) #08600
OSHA 40 hour HAZWOPER Certified 1992
MDH Licensed Monitoring Well Contractor#788, #1685
Certified Wetland Delineator #1199
Certified Landfill Operator #52087428
Attachments:
• Site Diagram — Wetland Boundary (2017 Aerial & Easement)
• P8 Water Quality Modeling Discharge Locations
• MNRAM Management Classification Reports
• MNRAM Wetland Functional Assessment & Community Summary Reports
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Legend
Discharge Locations
i Clearwater Creek Central
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■ Hardwood Creek North
Hardwood Creek Vilest
i cityBoundary
t.�---r
City of Hugo
June 17, 20 E i
Management Classification Report for OUTLOT B CONSERVATION EASEMENT NORMAN WOODS
ID: 27 WASHINGTON County
Mississippi River -Twin Cities Watershed Basin, # 20
Corps Bank Service Area 7
Based on the MnRAM data input from field and office review and using the classification settings as shown below,
this wetland is classified as Preserve
Functional rank of this wetland Self -defined classification value
based on MnRAM data
Functional Category settings for this management level
Not Applicable
Vegetative Diversity/Integrity
Exceptional
High
Habitat Structure (wildlife)
Exceptional
High
Amphibian Habitat
High
Not Applicable
Fish Habitat
Exceptional
Not Applicable
Shoreline Protection
High
Exceptional
Aesthetic/Cultural/Rec/Ed and Habitat
Exceptional/ High
High
Stormwater/Urban Sensitivity and Vegetative Diversity
Exceptional / Moderate
High
Wetland Water Quality and Vegetative Diversity
High / High
High
Characteristic Hydrology and Vegetative Diversity
High / High
Moderate
Flood/Stormwater Attenuation*
Not Applicable
Commericial use*
-
High
Downstream Water Quality*
-
The critical function that caused this wetland to rank as Preserve was
Maintenance of Characteristic Amphibian Habitat
Details of the formula for this action are shown below:
Maintenance of Characteristic Amphibian Habitat (043) * [( 044 + 2*023wildlife + 014 +0 41 +
020 reversed)/6]
Question
Value
Description
14
1
Upland land use
20
1
Stormwater runoff
23
1
Buffer width
41
1
Wildlife barriers
43
1
Amphib breeding potential --fish presence
44
0.5
Amphib & reptile overwintering habitat
This report was printed on: Tuesday, February 12, 2019
* The classification value settings for these functions are not adjustable
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Management Classification Report for AREA W OF CONSERVATION EASEMENT NORMAN WOODS
ID: 25 WASHINGTON County
Missippi River -Twin Cities Watershed Basin, # 20
Corps Bank Service Area 7
Based on the MnRAM data input from field and office review and using the classification settings as shown below,
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Functional rank of this wetland Self -defined classification value
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Functional Category settings for this management level
Not Applicable
Vegetative Diversity/Integrity
Low
Low
Habitat Structure (wildlife)
Low
Not Applicable
Amphibian Habitat
NA
Not Applicable
Fish Habitat
Low
Not Applicable
Shoreline Protection
NA
Low
Aesthetic/Cultural/Rec/Ed and Habitat
Low/ Low
Moderate
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-/ -
Low
Wetland Water Quality and Vegetative Diversity
Low / Low
Low
Characteristic Hydrology and Vegetative Diversity
Low / Low
Moderate
Flood/Stormwater Attenuation*
High
Not Applicable
Commericial use*
-
Low
Downstream Water Quality*
High
The critical function that caused this wetland to rank as Manage 3 was
Vegetative Diversity
Details of the formula for this action are shown below:
Vegetative Diversity NA
Question Value Description
NA NA NA
This report was printed on: Tuesday, February 12, 2019
* The classification value settings for these functions are not adjustable
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Management Classification Report for AREA E OF CONSERVATION EASEMENT NORMAN WOODS
ID: 25 WASHINGTON County
Missippi River -Twin Cities Watershed Basin, # 20
Corps Bank Service Area 7
Based on the MnRAM data input from field and office review and using the classification settings as shown below,
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Functional rank of this wetland
Self -defined classification value
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Functional Category settings for this management level
Not Applicable
Vegetative Diversity/Integrity
Low
Low
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Low
Not Applicable
Amphibian Habitat
NA
Not Applicable
Fish Habitat
Low
Not Applicable
Shoreline Protection
NA
Low
Aesthetic/Cultural/Rec/Ed and Habitat
Low / Low
Moderate
Stormwater/Urban Sensitivity and Vegetative Diversity -
Low
Wetland Water Quality and Vegetative Diversity
Low / Low
Low
Characteristic Hydrology and Vegetative Diversity
Low / Low
Moderate
Flood/Stormwater Attenuation*
High
Not Applicable
Commericial use*
-
Low
Downstream Water Quality*
High
The critical function that caused this wetland to rank as Manage 3 was
Vegetative Diversity
Details of the formula for this action are shown below:
Vegetative Diversity NA
Question Value Description
NA NA NA
This report was printed on: Tuesday, February 12, 2019
* The classification value settings for these functions are not adjustable
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Memorandum
To: Tom Weidt, Mayor, City of Hugo
Hugo City Council
CC: Rachel Juba, Planner, City of Hugo
Mark Erichson, City Engineer, WSB
From: Tony Havranek, Senior Ecologist, WSB
Date: April 1, 2019
Re: City Project No. 17.3 Gregoire Solar Development
WSB Project No. 013262-00 and 010469-00
The purpose of this memo is to recommend approval of a MN Joint Application received from
Jason Naber (EOR) on behalf of Chuck Beisner (Sunrise Energy ventures) requesting approval
for wetland replacement.
This is a revised application based on a previous joint application that was approved in November
2018. The revision includes an increase in avoidable wetland impact that requires replacement
from 0.165 aces to 0.197 acres. This was an increase of 19% above the original impact amount
that was previously approved. MN Rule 8420.0255 Subp. 3A(1)(a) requires a new notice of
application and approval if the wetland area to be impacted under the revised replacement plan is
increased by more than 10 percent.
As part of the revised application, the applicant has included a revised purchase agreement that
reflects the amount of wetland replacement credit necessary to replace for the additional wetland
impact. The remaining approvals for no -loss, exemption, and sequencing, as well as the
conditions listed in the notice of decision dated November 5, 2018, remain in effect.
Based on the information provided in the application and on -site visits with the applicant and TEP,
I am recommending approval of the application for the Gregoire Solar Development wetland
replacement.
Attachments:
Notice of Decision
Project area map
K:1013262-0OO\Admin\Permits117.13 Hugo Solar Site (Gregoire)lreplacementlMemorandum_HugoCityCouncil_GregoireSolarSite_040119.docx
Minnesota Wetland Conservation Act
Notice of Decision
Local Government Unit' LG Address
City of Hugo 1 14669 Fitzgerald Ave. N., Hugo, MN 55038
Applicant Name
Chuck Beisner-
Sunrise Energy
Ventures
Jason Naber-EOR
® Attach site locator map
of Decision:
1. PROJECT INFORMATION
Project Name: Date of Application Application
Gregoire Solar Site 1/21/19- Incomplete Number
PID- 1003121230003 3/10/19- Complete 17.13
011371-00
010469-00
❑ Wetland Boundary or Type
® Replacement Plan
❑ No -Loss ❑ Exemption ❑ Sequencing
❑ Banking Plan
Technical Evaluation Panel Findings and Recommendation (
❑ Approve
Summary or attach):
❑ Approve with conditions
2. LOCAL GOVERNMENT UNIT DECISION
❑ Deny
Date of Decision:
❑ Approved ® Approved with conditions (include below) ❑ Denied
LGU Findings and Conclusions (attach additional sheets as necessary):
BWSR Forms 11-25-09 Page 1 of 4
Jason Naber (EOR) submitted a revised MN Joint Application on January 21, 2019 on behalf of
Chuck Beisner (Sunrise Energy Ventures) requesting an updated wetland replacement amount for
approval. The application was considered complete on March 10, 2019 after the appropriate fees were
submitted.
A notice of decision was previoulsy issued on November 5, 2018, approving a no -loss, exemption,
sequencing, and replacement for unavoidable, permanent wetland impacts.
The revised MN Joint Application requests approval for replacement of 0.197 acres of wetland fill for
an access road. The previous NOD approved replacement of 0.165 acres of wetland fill for the access
road, but subsequent review by the city required an increase of 0.032 acres to meet City of Hugo
requirements. The applicant is proposing to replace for wetland impacts using the same wetland bank
(#1537) as was identified in the previous notice of decision approving the replacement. A revised
purchase agreement has been submitted with the application materials for the purchase of 0.39 acres of
fresh wet meadow credit to replace for impacts at a 2:1 ratio.
Based on the information submitted in the revised MN Joint Application signed January 18, 2019, the
request to replace for perment wetland impacts is approved. The approval for no -loss, exemption, and
sequencing remains valid as identifed in the November 5, 2018 Notice of Decision. The application is
approved with the following conditions:
Conditions:
1.) The layout area (shown in the site plan provided with the application and dated 10-10-18) and
delineated wetland boundaries will be clearly marked and communicated to contractors to avoid heavy
equipment operation in any wetland areas outside of the proposed array.
2.) Grading will be minimized to only areas needed to install footings or posts in high quality wetland;
no mass grading.
3.) If project development logistics and suitable winter weather conditions exist for facility
construction, frost will be driven into the ground along the corridors where pilings are to be
installed. This will be accomplished by clearing snow along aforementioned corridors to
reduce snow insulation during the winter prior to construction activity, or, if project schedule
constraints or suitable weather conditions do not exist during the winter months, the contractor
will minimize soil compaction by using smaller tracked equipment instead of wheeled equipment
or mats will be installed in wetland areas on which equipment will be confined to. The contractor
and/or applicant will schedule a preconstruction meeting with the LGU and/or TEP members on
site before ground disturbance activities commence.
4.) Due to foreseeable project construction logistics and timing, there are likely to be temporary
disturbances to existing wetland vegetation and soils. Any compacted or rutted soil created
during the course of construction, will be corrected with low impact methods to ensure the
native soils shape and structure are restored. Adaptive management will be used to determine
if native and/or temporary seeding of disturbed areas is necessary, or if the existing native
wetland vegetation is better suited to revegetate the site.
5.) Typical panel height from the ground is 18". As the panel strings approach the wetland
boundary the height above the ground will transition from 18" to a minimum of 24" across the
entire reach of the wetland.
6.) The LGU will be allowed access to the site to inspect the facility and complete vegetation
monitoring surveys to assess changes in the vegetative community as needed during the 25-year
lifespan of the project.
g4sgV F�pNVnance activities may require no -loss approval.
of 4
For Replacement Plans using credits from the State Wetland Bank:
Bank Account # Bank Service Area County
1537 7 Anoka
Credits Approved for Withdrawal
(sq. ft. or nearest .01 acre) `
1 0.39
Replacement Plan Approval Conditions. In addition to any conditions specified by the LGU, the approval
of a Wetland Replacement Plan is conditional upon the following:
❑ Financial Assurance: For project -specific replacement that is not in -advance, a financial assurance
specified by the LGU must be submitted to the LGU in accordance with MN Rule 8420.0522, Subp. 9
(List amount and type in LGU Findings).
❑ Deed Recording: For project -specific replacement, evidence must be provided to the LGU that the
BWSR "Declaration of Restrictions and Covenants" and "Consent to Replacement Wetland" forms have
been filed with the county recorder's office in which the replacement wetland is located.
® Credit Withdrawal: For replacement consisting of wetland bank credits, confirmation that BWSR has
withdrawn the credits from the state wetland bank as specified in the approved replacement plan.
Wetlands may not be impacted until all applicable conditions have been met!
LGU Authorized Signature:
Signing and mailing of this completed form to the appropriate recipients in accordance with 8420.0255,
Subp. 5 provides notice that a decision was made by the LGU under the Wetland Conservation Act as
specified above. If additional details on the decision exist, they have been provided to the landowner and
are available from the LGU upon request.
Name:
Title:
Tony Havranek
Senior Ecologist (WSB & Associates, Inc.), on behalf of the
Cif , of Hugo
Date: Phone Number and E-mail:
Signature
T,
(612)246-9346, thavranek@wsbeng.com
THIS DECISION ONLY APPLIES TO THE MINNESOTA WETLAND CONSERVATION ACT.
Additional approvals or permits from local, state, and federal agencies may be required. Check with all
appropriate authorities before commencing work in or near wetlands.
Applicants proceed at their own risk if work authorized by this decision is started before the time period for
appeal (30 days) has expired. If this decision is reversed or revised under appeal, the applicant may be
responsible for restoring or replacing all wetland impacts.
This decision is valid for three years from the date of decision unless a longer period is advised by the TEP and
specified in this notice of decision.
3. APPEAL OF THIS DECISION
Pursuant to MN Rule 8420.0905, any appeal of this decision can only be commenced by mailing a petition for
appeal, including applicable fee, within thirty (30) calendar days of the date of the mailing of this Notice to the
following as indicated:
Check one:
U Appeal of an LGU staff decision. Send petition
and $ fee (if applicable) to:
BWSR Forms 11-25-09
JL(J Appeal of LGU governing body decision. Send
petition and $500 filing fee to:
Executive Director
Minnesota Board of Water and Soil Resources
Page 3 of 4
520 Lafayette Road North
St. Paul. MN 55155
4. LIST OF ADDRESSEES
® SWCD TEP member: Jay Riggs, Washington Conservation District, 455 Hayward Avenue North,
Oakdale, MN 55128 jriggsna,mnwcd.org
® BWSR TEP member: Ben Meyer, Board of Water & Soil Resources, 520 Lafayette Road N., St. Paul,
MN 55155, ben.me3 ri,state.mn.us
® LGU TEP member (if different than LGU Contact): Rachel Juba, City of Hugo, riuba _,ci.hugo.mn.us
Scott Anderson, City of Hugo, sanderson(&ci.hugo.mn.us
® DNR TEP member: Becky Horton, Minnesota Department of Natural Resources, 1200 Warner Road,
St. Paul, MN 55106 becky.horton(ustate.mn.us Jenifer Sorensen, MN DNR,
ienifer.sorensenya state.rnn.us
❑ DNR Regional Office (if different than DNR TEP member)
® WD or WMO (if applicable): Nick Tomczik, Rice Creek Watershed District, 4325 Pheasant Ridge
Drive, Suite 611, Blaine, MN 55449-4539 ntomczi4aOicecreek.org
® Applicant (notice only) and Landowner (if different): Chuck Beisner, chuckyvsunriseenre com Jason
Naber, inabgpLaeorinc.com Michael Cathcart, michael( sunrisenrg.com
❑ Members of the public who requested notice:
® Corps of Engineers Project Manager (notice only): Mariah Weitzenkamp, US Army Corps of
Engineers, Mariah.M.Weitzenkampsie?usace.army.mil
® BWSR Wetland Bank Coordinator (wetland bank plan applications only): Tim Smith, 520 Lafayette
Road N., St. Paul, MN 55155, timj.smith(u state.mn.us Elsa Flage, 520 Lafayette Road N., St. Paul, MN
55155. elizabeth.flaLeia state.mn.us
5. MAILING INFORMATION
➢ For a list of BWSR TEP representatives, see: www.bwsr.state.mn.us/aboutbwsr/workareas/WCA areas.pdf
➢ For a list of DNR TEP representatives, see: www.bwsr.state.mn.us/wetlands/Wca/DNR TEP contacts.pdf
➢ Department of Natural Resources Regional Offices:
NW Region:
NE Region:
Central Region:
Southern Region:
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Reg. Env. Assess. Ecol.
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
Div. Ecol. Resources
2115 Birchmont Beach Rd. NE
1201 E. Hwy. 2
1200 Warner Road
261 Hwy. 15 South
Bemid'i, MN 56601
Grand Rapids, MN 55744
1 St. Paul, MN 55106
New Ulm, MN 56073
For a map of DNR Administrative Regions, see: htip://files.dnr.state.mn.us/aboutdnr/dnr regions.pdf
➢ For a list of Corps of Project Managers, see: www.myR.usace.armv.mil/ref4ulatory/default.asv?na2eid=687 or send
to: Dept. of the Army, Corps of Engineers, St. Paul District
ATTN: CO-R, 190 Fifth Street East
St. Paul, MN 55101-1638
➢ For Wetland Bank Plan applications, also send a copy of the application to:
Minnesota Board of Water and Soil Resources
Wetland Bank Coordinator
520 Lafayette Road North
St. Paul, MN 55155
6. ATTACHMENTS
In addition to the site locator map, list any other attachments:
® Wetland Replacement Plan for Hugo (Gregoire) Solar Garden
® Memo dated January 2, 2019 from Jason Naber (EOR)
BWSR Forms 11-25-09 Page 4 of 4
Project Name and/or Number: Hugo (Gregoire) Solar Garden
PART ONE: Applicant Information
If applicant is an entity (company, government entity, partnership, etc.), an authorized contact person must be identified. If the
applicant is using an agent (consultant, lawyer, or other third party) and has authorized them to act on their behalf, the agent's
contact information must also be provided.
Applicant/Landowner Name: Chuck Beisner— Sunrise Energy Ventures
Mailing Address: 315 Manitoba Avenue Suite 200, Wayzata, Minnesota 55391
Phone: (612)-701-4855
E-mail Address: chuck(Psunrisen rQ.com
Authorized Contact (do not complete if same as above): Jason Naber, WDC
Mailing Address: 7030 6th Street N, Oakdale MN 55128
Phone: 651-203-6028
E-mail Address: inaber@eorinc.com
Agent Name: Jason Naber, FOR Inc.
Mailing Address: 7030 6th Street N, Oakdale MN 55128
Phone: 651-203-6028
E-mail Address: inaber@eorinc.com
PART TWO: Site Location Information
County: Washington City/Township: Hugo, MN
Parcel ID and/or Address: 7260165th St N, Hugo, MN 55038
Legal Description (Section, Township, Range): Section 10, Township 31N Range 21W
Lat/Long (decimal degrees): 5.191/-92.956
Attach a map showing the location of the site in relation to local streets, roads, highways. Error! Reference source not fol
Approximate size of site (acres) or if a linear project, length (feet): 19.8 Acres
If you know that your proposal will require an individual Permit from the U.S. Army Corps of Engineers, you must provide the names
and addresses of all property owners adjacent to the project site. This information may be provided by attaching a list to your
application or by using block 25 of the Application for Department of the Army permit which can be obtained at:
,tto:/h......mvo.usace.army.mil/Portalsl5ldocslreaulatory/Regulatory,-s/engform 4345 2012oct.p
PART THREE: General Project/Site Information
If this application is related to a delineation approval, exemption determination, jurisdictional determination, or other
correspondence submitted prior to this application then describe that here and provide the Corps of Engineers project number.
Describe the project that is being proposed, the project purpose and need, and schedule for implementation and completion. The
project description must fully describe the nature and scope of the proposed activity including a description of all project elements
that effect aquatic resources (wetland, lake, tributary, etc.) and must also include plans and cross section or profile drawings showing
the location, character, and dimensions of all proposed activities and aquatic resource impacts.
Project Update
A Notice of Decision was issued for this project November 5, 2018. The NOD included No -Loss and Replacement Plan Decisions with
several Conditions. Subsequent to receiving the NOD, the applicant prepared a response memo (dated January 2, 2019) and
submitted it to the LGU. The memo included responses to conditions listed in the NOD and also included an updated wetland impact
acreage caused by City -requested access road changes. The area of unavoidable impact increased from 0.165 acres to 0.197 acres.
A revised Wetland Bank Purchase Agreement was prepared to cover the additional unavoidable wetland impact. The revised
purchase agreement was submitted with the January 2, 2019 memo to the LGU. On January 15, 2019, the LGU requested a revised
application be submitted with a new applicant signature.
PART FOUR: Aquatic Resource Impact' Summary
If your proposed project involves a direct or indirect impact to an aquatic resource (wetland, lake, tributary, etc.) identify each
impact in the table below. Include all anticipated impacts, including those expected to be temporary. Attach an overhead view map,
aerial photo, and/or drawing showing all of the aquatic resources in the project area and the location(s) of the proposed impacts.
Label each aquatic resource on the map with a reference number or letter and identify the impacts in the following table.
Type of Impact
Duration of
County, Major
Aquatic
Existing Plant
Aquatic Resource
(fill, excavate,
Impact
Overall Size of
Watershed #,
Resource Type
Community
ID (as noted on
drain, or
Permanent (P)
Size of Impact=
Aquatic
and Bank
overhead view)
(wetland, lake,
remove
or Temporary
Resource a
Type(s) in
Service Area #
tributary etc.)
Impact Area4
vegetation)
(T)1
of Impact Area
Ground
Temporary
WB-01a =
Wet Meadow
Washington,
vvo-pia
Wetland
Disturbance
(6 months)
1.00 Acres
13.31 Acres*
(Degraded
20,7
subtype)
Fill — Dirt
WB-01a =
Wet Meadow
Washingto.,,
WB-01a
Wetland
Permanent
0.015 Acres
(Degraded
Access Road
13.31 Acres*
subtype)
20, 7
Ground
Temporary
WB-01a =
Wet Meadow
Washington,
WB-01b
Wetland
Disturbance
(6 months)
1.83 Acres
13.31 Acres*
(Native
20,7
subtype)
Wet Meadow
WB-01b
Wetland
Fill — Dirt
Permanent
0.182 Acres
WB-01a =
(Native
Washington,
Access Road
13.31 Acres*
subtype)
20,7
* WB-01a and wB-ilb represent two distinctly ds9 Brent plant communities with a marked difference in species richness and diversity that collectively represent
delineated wetland WB-01 which has a total area of 16.03 acres. WB-01a = degraded areas, W13-01b = higher quality wetland
'if impacts are temporary; enter the duration of the impacts in days next to the'T". For example, a project with a temporary access fill that
would be removed after 220 days would be entered "T (220)".
1 The term "impact" as used in this joint application form is a generic term used for disclosure purposes to identify
activities that may require approval from one or more regulatory agencies. For purposes of this form it is not meant to
indicate whether or not those activities may require mitigation/replacement.
21mpacts less than 0.01 acre should be reported in square feet. Impacts 0.01 acre or greater should be reported as acres and rounded to the
nearest 0.01 acre. Tributary impacts must be reported in linear feet of impact and an area of impact by indicating first the linear feet of impact
along the flowline of the stream followed by the area impact in parentheses). For example, a project that impacts 50 feet of a stream that is 6
feet wide would be reported as 50 ft (300 square feet).
TThis is generally only applicable if you are applying for a de minimis exemption under MN Rules 8420.0420 Subp. 8, otherwise enter "N/A".
°Use Wetland Plants and Plant Community Types of Minnesota and Wisconsin 3'd Ed. as modified in MN Rules 8420.0405 Subp. 2.
sRefer to Major Watershed and Bank Service Area maps in MN Rules 8420.0522 Subp. 7.
Narrative describing permanent and temporary impacts in table above:
Wetland #1
Permanent impacts to Wetland WB-01 include the construction of an access road along the southwestern edge of the Project Area.
The gravel road will result in 0.197 acres total of permanent wetland fill.
Wetland #2
No permanent ortemporary impacts are intended or anticipated within Wetland #2. This wetland is highly degraded due to frequent
cropping and adjacency to cropped areas.
If any of the above identified impacts have already occurred, identify which impacts they are and the circumstances associated
with each:
No impacts have occurred at the time of this application.
PART FIVE: Applicant Signature
❑ Check here if you are requesting a pre -application consultation with the Corps and LGU based on the information you have
provided. Regulatory entities will not initiate a formal application review if this box is checked.
By signature below, I attest that the information in this application is complete and accurate. I further attest that I possess the
authority to undertake the work described herein.
Signature: Date: 1 /1 Q l 1 4t
I hereby authorize Jason Naber to act on my behalf as my agent in the processing of this application and to furnish, upon request,
supplemental information in support of this application.
Project Name and/or Number: Hugo (Gregoire) Solar Garden
Attachment D
Replacement/Compensatory Mitigation
Complete this part if your application involves wetland replacement/compensatory mitigation not associated with the local road
wetland replacement program. Applicants should consult Corps mitigation guidelines and WCA rules for requirements.
Replacement/Compensatory Mitigation via Wetland Banking. Complete this section if you are proposing to use credits from an
existing wetland bank (with an account number in the State wetland banking system) for all or part of your
replacement/compensatory mitigation requirements.
Bank
Wetland Bank
Major
Credit Type
County
Service
Number of Credits
Account #
Watershed #
(if applicable)
Area #
1537
Anoka
20
7
Type 2 — Wet 0.39
Meadow
Applicants should attach documentation indicating that they have contacted the wetland bank account owner and reached at least
a tentative agreement to utilize the identified credits for the project. This documentation could be a signed purchase agreement,
signed application for withdrawal of credits or some other correspondence indicating an agreement between the applicant and the
bank owner. However, applicants are advised not to enter into a binding agreement to purchase credits until the mitigation plan is
approved by the Corps and LGU.
The Project and permanent wetland impact are located in the less than 50% pre -settlement wetland zone. The Project is located in
Washington County, and is not within the Rice Creek Watershed District Comprehensive Wetland Protection and Management
Plan Boundary or Wetland Management Corridor. The Project is located in the 7- county metro within Wetland Banking Service
Area 7. The Project is encompassed by the Hardwood Creek Minor Watershed and the Mississippi River —Twin Cities Major
Watershed (watershed # 20). The City of Hugo, as the administrator of WCA for this Project, requires wetland replacement ratios
according to WCA standards. Based on the location of the project and wetland impacts, replacement is required at a 2:1 ratio.
Available fresh wet meadow credits were identified at wetland banks #1537 and #1122. Both are located within the same Bank
Service Area and Major Watershed as the Proposed Project. There are no wetland banks located within the Hardwood Creek
Minor Watershed and no wet meadow credits are available within Washington County that are also within Bank Service Area 7.
The two wetland banks contacted are relatively close to the Proposed Project site compared to other bank sites in the Service
Area and have wet meadow credit available to purchase for the purpose of this project.
Bank #1537 signed a purchase agreement with the applicant. This bank has a total of 6.9456 acres of Fresh (wet) meadow credit.
This project only requires 0.39 acres of replacement.
Project Name I Sunrise Energy Ventures - FastSun 4, LLC Date 1 1/2119
To / Contact info I Tony Havranek, WSB
Cc / Contact info I Joe Tierney, Sunrise Energy Ventures
From / Contact info I Jason R. Naber
Regarding I Amendment & Clarifications for Nov 5, 2018 NOD (City Project No. 17.13)
Background
Sunrise Energy Ventures is proposing construction of a Community Solar Garden on a parcel in
Hugo, Minnesota. The parcel has existing wetlands that will be impacted by the proposed project.
A Notice of Decision was issued November 5, 2018 by the City of Hugo. The NOD included
Replacement Plan and No -Loss Decisions approved with conditions. Following additional
discussions between the applicant and the LGU, a November 16, 2018 Memorandum was prepared
by the LGU's representative, Tony Havranek of WSB. The purpose of the memo was to provide
revised language for condition #3 of the November 5, 2018 NOD.
Following are a number of items related to the NOD, approval conditions and subsequent
conversations with Tony Havranek. The responses provided clarify the applicant's commitment to
protecting existing wetland resources and providing replacement for unavoidable impacts.
Replacement of Unavoidable Impacts
The joint Application and November 5, 2018 NOD indicates 0.165 acres of unavoidable impact to a
Type 2 wetland. The impact is due to a driveway that must be installed through wetland in order to
access the buildable portion of the site. Following additional input from the City of Hugo related to
road width and installation of a culvert under the driveway, the wetland impact area has increased
to 0.197 acres (8580 sf). See Figure 1. A 2:1 replacement ratio equates to 0.39 credits. The
previous purchase agreement has been revised to reflect this change. Credits will be purchased
from the Dan Hair Bank, Account # 1537. See the attached purchase agreement dated 12-27-18.
No -Loss NOD Condition #3
The condition as written in the November 5, 2018 NOD was prescriptive on the timeframe solar
panel construction work could be conducted within the delineated wetland. The applicant and LGU
representative discussed the condition acknowledging the constraints specified may render the
project unbuildable or create unreasonable hardship. The LGU representative followed up with a
November 16, 2018 Memorandum addressed to the TEP/IRT that provided recommended
precautions to minimize impacts to wetlands during construction. Following additional
consultation with the LGU representative, the applicant has provided the following assurances.
A. If project development logistics and suitable winter weather conditions exist forfacility
construction, frost will be driven into the ground along the corridors where pilings are to be
installed. This will be accomplished by clearing snow along aforementioned corridors to
reduce snow insulation during the winter prior to construction activity.
B. If project schedule constraints or suitable weather conditions do not exist during the winter
months, the contractor will minimize soil compaction by using smaller tracked equipment
instead of wheeled equipment. The contractor and/or applicant will schedule a pre -
FOR is an Equal Opportunity Affirmative Action Employer
Emmons & Olivier Resources, Inc. 7030 6'h St. North Oakdale, MN 55128 T/ 651.770.8448 F/ 651.770.2552 www.eorinc.com
memo
2 of 3
construction meeting with the LGU and/or TEP members on site before ground disturbance
activities
C. Due to foreseeable project construction logistics and timing, there are likely to be temporary
disturbances to existing wetland vegetation and soils. Any compacted or rutted soil created
during the course of construction, will be corrected with low impact methods to ensure the
native soils shape and structure are restored. Adaptive management will be used to determine
if native and/or temporary seeding of disturbed areas is necessary, or if the existing native
wetland vegetation is better suited to revegetate the site.
D. Construction oversight and routine inspections by a wetland ecologist in consultation with the
LGU will be conducted to ensure the best course of action is taken to prevent permanent
ecological damage to the site.
No -Loss NOD Condition #5
The condition as written in the November 5, 2018 NOD noted the distance between the ground and
leading edge of the panel should be maximized to reduce shading within the wetland. To provide
more specificity on this condition, the applicant has provided the following clarification.
A. Typical panel height from the ground is 18" As the panel strings approach the wetland
boundary the height above the ground will transition from 18" to a minimum of 24" across the
entire reach of the wetland.
Emmons & Olivier Resources, Inc.
7030 6`h St. North Oakdale, MN 55128 TI 651.770.8448 F/ 651 770.2552 www.eorinc.com
memo
3 of 3
we r.
di
77[t�
Figure 1: Footprint of unavoidable wetland impact (0.197 ac) associated with access road.
Emmons & Olivier Resources, Inc.
7030 61" St North Oakdale MN 55128 T/ 651.770 8448 F/ 651.770.2552 www eorinc.com
10s 01ACMB AMA-40B4.$OF7-E440FEA1C041
6 folldlOng is a sample of a possible PrrrcluaseAgreernerrt for the sale of WedandBanking Credits
Vs PurchaseAgreentent does not necessarily cover all ofthe issues that rvorrld be important to Sellers
rd Buyers, nor does it address the terms that world be appropriate for arry particular transaction.
Piers andBuyers should obtain the services of qualffled legal corntsel to adapt this ParchaseAgreenrent
meet their specific needs.
PURCHASE AGREEMENT
FOR
WETLAND BANKING CREDITS
THIS AGREEMENT is made this 20th day of December, 2018 between
Daniel Hair Wetland Bank (Seller) and Sunrise Energy Ventures (Buyer).
1. Seller agrees to sell to Buyer, and Buyer agrees to buy from Seller, the wetland banking credits
(Credits) listed below:
2
Fresh Wet Meadow
Per Credit Withdrawal Fee by
BSA
BSA $520 BSA $1,083
BSA2 $371 BSA $1,992
BSA 3 $725 BSA 8 $2,577
BSA4 $1,412 BSA9 $2,628
BSA $ $685 BSA 10 $3,099
BWSR fee policy. Wip;f(ynmJr=
Enter the Withdraival Fee
for the BSA of the account:
$19.92
Easement Stelvardship Fee:
$302 per Credit {
$104,544
$40,772.16
.39
(rYftlidiwlvalFee xlo]alc�llta) .
�1 $770.88
(Eawnientstenurdrhipfee rtotalVO(1t
y� s $11.7.78
r 894,66
m
39
2. Seller represents and warrants as follows,
a) The Credits are deposited in an account in the Minnesota Wetland Bank administered by the
Page 1 of
BWSR Example ftrehaseAgreement
Updated July 14, 2017
Authentfslgn 10:81AC5288-ABBA4084.9t1F7-E440FEA1C941
Minnesota Board of Water and Soil Resources (BWSR) pursuant to Minn. Rules Chapter
8420.0700-.0760.
b) Seller owns the Credits and has the right to sell the Credits to Buyer.
3. Buyer will pay Seller a total of $40,772.16 for the Credits, as follows:
a) $0 as earnest money, to be paid when this Agreement is signed; and
b) The balance of $40,772.16 to be paid on the Closing Date listed below.
4. [ X] Buyer, [ ] Seller agrees to pay to a withdrawal fee of $776.88 to the State of Minnesota based on
the per credit fee of $1992 for Bank Service Area 7 and a stewardship fee of $117.78 based on the per credit
fee of $302. At the Closing Date, [X] Buyer, [ ] Seller will execute a check made out for this amount,
payable to the Board of Water and Soil Resources, but mailed to Daniel Hair along with the remaining credit
payment balance. Q
19 ly r V
5. The closing of the purchase and sale shall occur on or before _ (C osing Date).
The Closing Date and location may be changed by written consent of both parties. Upon payment of the
balance of the purchase price, Seller will sign a fully executed Transaction Form to Withdraw Credits
provided by BWSR, provide a copy of the Transaction Form to Withdraw Credits to the Buyer and forward
the same to the BWSR along with the check for the withdrawal fee and stewardship fee.
6. Buyer has applied or will apply to (Local Government Unit (LGU) or other regulatory authority) for
approval of a replacement plan utilizing the Credits as the means of replacing impacted wetlands. If the
LGU has not approved the Buyer's application for a replacement plan utilizing the Credits by the Closing
Date, and no postponement of the Closing Date has been agreed to by Buyer and Seller in writing, then either
Buyer or Seller may cancel this Agreement by giving written notice to the other. In this case, Seller shall
return Buyer's earnest money, and neither Buyer nor Seller shall have any further obligations under this
Agreement. If the LGU has approved the replacement plan and the Seller is ready to proceed with the sale
on the Closing Date, but Buyer fails to proceed, then the Seller may retain the earnest money as liquidated
damages. ,q,��
�a�ue� Rau ,B B� -
(Signature of SJfeor� (Date) (Signature of Buyer) (Date
Paget of /Z/Z7 I IS
BWSR Example Purchase Agreement
Updated July 14, 2017
Agenda Number G.10
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: CPDC — Pratt — Oakwood, LLP. Oneka Place 3rd Addition Final Plat and
Development Agreement
DATE: April 11, 2019, for the City Council Meeting of April 15, 2019
REVIEW DEADLINE: April 15, 2019 (60-days)
1. PROPOSED MOTION:
Move to approve the resolution approving the Final Plat and Development Agreement for Oneka
Place 3rd Addition. Approval of the Final Plat and Development Agreement requires a 3/5 vote
of the City Council.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a final plat and development agreement to plat 54
residential lots and 3 oultlots from the Oneka Place preliminary plat. This will develop a 13.7
acre price of property legally described as Outlots J and K, Oneka Place. The site is currently
vacant.
3. BACKGROUND:
The City Council approved the preliminary plat and PUD for Oneka Place at its May 21, 2018
meeting which included 177 residential lots. At its August 6, 2018, meeting the City Council
approved the first phase of the development consisting of 54 residential lots. At its March 4,
2019, meeting the City Council approved the replatting of 14 residential lots from the first phase
to 12 - 65 foot wide lots for the second phase. This final plat will plat 54 residential lots from the
Oneka Place preliminary plat. The lots meet the minimum lot standards and requirements for the
Oneka Place PUD.
Park dedication has been stratified for the this development with the dedication of Outlot N,
Oneka Place.
Oneka Place 31 Addition Final Plat and Development Agreement
Page 2
4. RECOMMENDATION:
Staff recommends approval the resolution approving the Final Plat and Development Agreement
for Oneka Place 3rd Addition.
ATTACHMENTS:
a) Resolution Approving the Final Plat
b) Location Map
c) Engineer's Memo dated April 11, 2019
d) Draft Development Agreement
e) Final Plat Graphics stamp dated February 22, 2019
f) Phasing Plan dated February 5, 2018, revised March 12, 2019
g) Landscape Plan dated June 6, 2018, revised February 14, 2019
h) Grading Plan dated June 1, 2018, revised February 15, 2019
i) Final Plat Construction Plans dated February 15, 2019
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April 11, 2019
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Final Plat Review
Oneka Place 3rd Addition
WSB Project No. 013698-000
Dear Ms. Juba:
We have reviewed the final plat submittal for Oneka Place 3rd Addition located at the northern
extents of Oneka Parkway, Ethan Trail, Farnham Avenue and Falcon Avenue. In particular, we
have reviewed the following plans related to this particular request:
• Oneka Place Construction Plan dated 02/15/19 by Westwood Professional Services
• Phasing Plan dated 03/12/19
• Final Plat by Westwood Professional Services
• Grading Plan dated 02/15/19 by Westwood Professional Services
• Storm sewer design dated 02/15/19 by Westwood Professional Services
• Wetland E Outlet Modifications Memo dated 02/14/19
Based on the review of the final plat documents, we offer the following comments related to this
application:
Final Plat
1. The entirety of Outlots A, B, and C need to be encompassed in Drainage and utility
easements.
Grading, Street, and Utility Plans
2. Staff has worked through a number of comments with Westwood Professional Services on
street and utility construction plans. Staff has a number of remaining redline comments. We
do not expect that any remaining plan changes will have an impact on the final plat. We will
issue the construction plan approvals once the remaining comments have been resolved.
3. Project phasing has been modified from the initially approved phasing plan. The changes to
the phasing plan require the construction of some infrastructure (sanitary sewer and storm
sewer) outside of the Oneka Place 3rd Addition plat. This infrastructure will be located in
outlots containing drainage and utility easements. Letters of credit will not be reduced and
the warranty will not begin on infrastructure outside of the plat until these future phases are
fully constructed.
4. Water and sanitary sewer service will be extended from previous phases of this development.
K:\013698-000\Admin\Docs\013698-000 LTR RJuba-Oneka 3rd FP 041119.docx
Ms. Rachel Juba
April 11, 2019
Page 2
Stormwater Management
5. The applicant has submitted their Storm Water Management Plan for the site, meeting the
appropriate storage, rate control, treatment, and volume reduction. The applicant is utilizing
water reuse as a means to irrigate the development and meet a portion of the stormwater
management requirements. It is anticipated 4-5 million gallons of groundwater will be
conserved annually throughout the entire Oneka Place Development by use of stormwater
reuse. The trunk water fee has been reduced by 35% due to the use of water reuse which is
consistent with the initial phase of this development.
6. The stormwater reuse system will be located with lot -line drainage and utility easements,
road right of way, and outlots. The system will be owned and operated by the Homeowners
Association, and the City will have access to the system as needed for monitoring and
operation. The applicant is meeting approximately 50% of the volume reduction requirement
by utilizing water reuse. The remaining volume control requirement is met through the dead
pool storage provided in the NURP ponds.
7. A water balance analysis has been submitted as part of the stormwater submittal identifying
adequate water supply with the stormwater basins to sustain water reuse.
8. A detailed groundwater analysis has been submitted to identify the elevation of groundwater.
The findings have been used to identify minimum floor elevations that provide required
separation from groundwater.
Wetland
9. Wetland E outlet modifications are acceptable as proposed.
Development Agreement
10. There are a number of development fees outlined within the City's Fee Schedule that will
become due as part of the final plat. The Development Fees are included within Exhibit C of
the Development Agreement.
11. A credit to the trunk area charge based on the anticipated reduction in water demand by
using stormwater reuse has been included as part of the Development Agreement.
Thank you for the opportunity to provide comments on this project. Additional comments may be
necessary following the review of the responses to these. If you have any questions, please do
not hesitate to contact me at 651-286-8463.
Sincerely,
WSB
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Liz Finnegan, Senior Engineering Technician (email only)
Len Pratt, Pratt Homes (email only)
John Bender, Westwood Professional Services (email only)
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RESOLUTION 2019-
APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR CPDC —
PRATT — OAKWOOD, LLP, ON PROPERTY LOCATED NORTH OF ONEKA
PARKWAY AND NORTH OF 159TH STREET FOR ONEKA PLACE 2nd
ADDITION
WHEREAS, CPDC — Pratt — Oakwood, LLP, has requested approval of a final plat
development to allow construction of 42 single family lots and 3 outlots on the property
legally described as follows:
Outlots J and K, Oneka Place
WHEREAS, the Planning Commission has reviewed the preliminary plat and PUD at a
duly called Public Hearing and recommends approval, and;
WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on
May 21, 2018.
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 CPDC — Pratt — Oakwood, LLP„ for a final plat and development agreement,
subject to the following conditions:
1. A final plat is approved to allow the creation of 42 single family home lots and 1
outlot, in accordance with the application and plans received by the February 15,
2019, February 22, 2019, and March 12, 2019. except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the
preliminary plat and PUD approval granted by the City Council on May 21, 2018.
3. Development standards shall comply with Resolution 2018-14 and 2018-15, as
amended.
4. The developer shall comply with all conditions outlined in the City Engineer's memo
dated April 11, 2019, and revisions required in "red -lined" comments from the City
Engineer.
5. Outlot Use and Ownership:
a. Outlots A is proposed for landscaping and shall be deeded to the City. The
Landscaping shall be maintained by the Homeowners Association.
b. Outots B and C are proposed for additional phases of the development.
6. The developer shall design and install a storm water re -use system for the irrigation of
the lots.
7. The landscaping planned for the plat shall be installed in one phase. The developer
shall take proper precautions to protect the trees as the homes are being built.
Resolution 2019-
Page 2
8. Staff will continue to work with the developer on the street lighting plan. Exact
locations of the street lights shall be reviewed and approved by City staff prior to
installation. The street lights shall be the Lantern style decorative light.
9. Prior to the release of the final plat for recording, the developer shall comply with the
following conditions.
a. An HOA shall be established to own/operate/maintain the following:
i. landscaping within the outlots,
ii. landscaping along Oneka Parkway within the right-of-way,
iii. landscaping on proposed residential lots,
iv. all retaining walls,
v. and the water re -use system.
The HOA documents/covenants shall be reviewed and approved by staff.
b. The storm water re -use system shall be reviewed and approved by staff.
The storm water reuse system operation, encroachment, and maintenance
agreement shall be reviewed and approved by City staff.
c. An encroachment and maintenance agreements shall be reviewed and
approved by staff for access and maintenance of landscaping, signage, and
retaining wall with in Outlots proposed to be deeded to the City.
d. The developer shall comply with all "red -lined comments" and conditions
outlined in the City Engineer's memos dated March 3, 2018, July 27,
2018, and April 11, 2019, as provided to the developer.
e. The development shall comply with the Fire Chiefs requirements
regarding fire flow calculations, the location of fire hydrants, fire
department connections, and fire lane signage.
f. The developer shall obtain all necessary stormwater management and
WCA permits from the City.
g. The developer shall obtain all necessary local, state, and federal permits.
h. Architectural design standards shall be reviewed and approved by staff.
i. The City will not accept any improvements that are constructed and
installed outside of the platted road right-of-way and in the outlots.
Further, the City will not reduce the letter of credit or other financial
assurance approved by the City until the improvements have been
accepted by the City.
Resolution 2019-
Page 3
10. Prior to the Final Plat being released for recording, the developer shall comply with
the following conditions:
a. The developer shall enter into a development agreement, shall agree to
complete all improvements, and pay all fees as required by the agreement.
b. A letter of credit or other financial assurance approved by the City shall be
established for the construction and maintenance of any utilities installed
outside of platted road right-of-way and in the outlots.
c. A maintenance road shall be established and approved by the City
Engineer for access to all utilities installed outside of the platted road
right-of-way and in the outlots.
d. The Final Plat shall be revised to include drainage and utility easements
over all outlots.
e. The plan shall be revised to include the construction of Fairoaks Avenue
to the north property line of the plat.
11. Prior to the issuance of building permits, the developer shall comply with the
following conditions.
a. The applicant shall record the final plat, development agreement and all
other documentation at Washington County and provide the City with
proof of recording.
b. The applicant shall submit three full sets of approved final plans to the
City.
c. If a sales trailer is located in the property, a site plan and building
elevations shall be submitted for City review and approval.
Resolution 2019-
Page 4
ADOPTED by the City Council this 15t1i day of April, 2019.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Return To:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
DEVELOPMENT AGREEMENT
Oneka Place 3rd Addition
THIS AGREEMENT, made and entered into this day of , 2019 by and
between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of
Minnesota (hereinafter referred to as "City"); and CPDC — Pratt — Oakwood, Limited Liability
Partnership (hereinafter referred to as "Developer").
WITNESS:
WHEREAS, the City Council of the City has, by Resolution Number 2018-14 on
May 21, 2018, approved the preliminary plat for a major subdivision as proposed by the Developer
to be known as "Oneka Place" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2018-15 on
May 21, 2018, approved the PUD general plan for a major subdivision as proposed by the
Developer to be known as "Oneka Place" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2019 on
April 15, 2019, approved the final plat for a major subdivision as proposed by the Developer to be
known as "Oneka Place" (hereinafter referred to as the "Plat"); and,
WHEREAS, the Plat proposed a development of an approximately 13 acre parcel of
land into 42 residential lots and 3 outlots; and,
WHEREAS, it is the policy of the City to enter into development contracts as
contemplated in Minnesota Statutes §462.358, Subd. 2(a); and,
WHEREAS, this development agreement applies to all of the residential lots and
outlots within the Oneka Place 2nd plat, as legally described in Exhibit G.
WHEREAS, the parties hereto desire to set forth their respective rights and
obligations of the parties to this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions contained herein, it is agreed by the parties hereto as follows:
A. GENERAL ENGINEERING CONDITIONS;
1. Escrow for City Costs and Fees. Developer shall, contemporaneously with
the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover
the cost of legal fees, engineering and construction observation fees, administrative expenses, and
other costs related to this Plat.
All fees and costs incurred by the City in connection with the Plat shall be
charged against said escrow account which shall remain in effect until the expiration of the
warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the
responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow
account after the completion of the warranty period shall be refunded to the Developer. In the event
that the escrow account herein is depleted, Developer agrees to post additional funds to replenish
the account and to cover projected City costs. Specifically, Developer agrees that the escrow
account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon
request, to an itemized statement of all costs and fees charged against this escrow account.
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2. Development Plans. In accordance with the policies and ordinances of the
City, and subject to all City resolutions and approvals in connection herewith, the Developer shall
construct the proposed improvements (hereinafter referred to as the "Improvements"). All
Improvements shall be constructed and installed pursuant to the terms and conditions herein set
forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions
and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City
standards and requirements including those listed herein. In addition, all public street, utility, and
storm drainage improvements shall comply with the City's adopted specification book and the
reasonable direction of City staff.
3. Authorization to Proceed with Construction. Developer agrees not to
commence any grading, utility or street work within the Plat until the following are completed:
1) Construction plans are approved by the City and distributed.
2) Pre -construction conference is held.
3) Notice to Proceed is issued.
4. Construction Observation. The City, for its benefit, will provide staff of
its choosing to provide construction observation for the Improvements outlined in this Agreement.
All costs associated with construction observation and inspection will be the responsibility of the
Developer. The Developer shall allow City staff and City consultants access to the property to
allow for this work to occur.
5. Miscellaneous Requirements.
a) Property Corners: All property corners as identified on the Plat
must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance,
as defined in paragraph 7 of this Agreement.
b) Drainage Easements: Drainage easements shall be dedicated on
the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high
water levels.
c) Soils Testing: Soils inspection and compaction testing by a
registered professional engineer shall be accomplished on all lots where filling is required, in
accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one
(1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill
that is placed. A summary of all inspections and compaction tests for all developed lots shall be
provided to the City upon completion of the grading and shall be provided for a respective lot prior
to the issuance of a building permit for such lot.
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d) Private Utilities: All private utilities that are installed, including
electricity, telephone, natural gas and cable television, shall be installed underground.
e) Mailboxes: Developer shall coordinate mailbox locations with the
United States Postal Service.
f) Street Lights: Street lights shall be installed within the Plat
according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer
shall also submit its Street Lighting Plan to the applicable power company for its review, comment
and approval. The installation of the street lights shall be coordinated with the applicable power
company so that the street light system is installed, constructed and operated in such a manner as
will harmoniously exist with other street lights within the area.
g) Working Hours: Construction activity, including equipment
startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays.
h) Street Sweeping: Developer shall sweep and/or otherwise clean all
streets, as needed, within and adjacent to the Development property as a result of construction
activities associated with the Plat until final acceptance of the Improvements. If the streets are not
maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will
arrange for the street sweeping at Developer's cost.
i) Placement of Bituminous Wear Course: The bituminous wear
course can be placed on all streets once all of the following have occurred:
1. A Certificate of Occupancy has been issued for at least 75%
of the lots or a cash escrow in the amount of $10,000 has
been deposit with the City which will be held until 75% of
the lots have received Certificates of Occupancy. At the
City's discretion, the wear course may be placed prior to
having 75% occupancy. If applicable, the warranty period
shall be extended an additional one (1) year for a total of two
(2) years from final acceptance. In no case shall the wear
course be placed with less than 50% occupancy.
2. The base course on all streets has been in place for at least
one full freeze -thaw cycle.
3. City staff or its assignees have visually inspected all
roadways and curb within the Development, and any repairs
necessary as a result of said inspection are complete and
written approval issued.
6. Proiect Completion: The Improvements listed herein on Exhibit A, including
street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval
4
of the City in accordance with the approved plans. All Improvements shall be substantially
completed to the reasonable satisfaction and approval of the City within twelve (12) months of the
execution of this Agreement. Substantial completion shall consist of all work with the exception of
placement of the bituminous wear course and completion of the final punchlist. The Developer
shall be excused from the strict completion date set forth herein if written notice is received from
the Developer of the existence of causes over which the Developer has no control which will delay
the completion of the work and approved in writing by the City. In that event, the City may extend
the date or dates herein specified.
7. Project Acceptance: Final project acceptance will be considered by the City
Council once the following have been completed:
(a) All Improvements are installed according to the approved plans.
(b) All punchlist items are completed.
(c) All Record Drawing information has been provided to the City to its
satisfaction.
(d) Escrow account for City costs and fees is current in accordance with the
provisions of this Agreement.
(e) The City receives confirmation via lien waivers that contractors or other
parties have been paid for the work completed.
(f) The City receives a written request from the Developer to accept the
Improvements.
8. Record Drawing Requirements and Engineer's Certification. Following
completion of all development activities and prior to the release of security and acceptance of
Improvements, the Developer and/or their assignee shall provide to the City "as -built" plans for the
Improvements listed on Exhibit A. This information shall be provided to the City in the following
formats:
(a) 1-set mylar drawings (22" x 34") for all Improvements.
(b) 1-set paper drawings (22" x 34") for all Improvements.
(c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the
final plat.
All Record Drawings shall include the following information:
(a) All bench marks shown on plans (bench marks shall be top nut of hydrants).
(b) Swing ties to all gate valves shown on plans (ties should be to manholes,
catch basins, hydrants or other permanent objects.
(c) Swing ties to curb stops shown on plans (ties should be to manholes, catch
basins, hydrants, property corners or other permanent objects).
(d) Top of casting and invert elevation for all structures.
(e) All pipe sizes, material type, pipe classification, grades and lengths
(f) All horizontal and vertical curve data in the appropriate location on the
plans.
5
(g) Televised report of the sanitary sewer with videotape.
(h) Swing ties to any manhole or catch basin outside the roadway area.
(i) A text file including the x, y and z coordinates (based on Washington
County's coordinate system) for the following:
1. All curb stops
2. All hydrants
3. All gate valves
4. All manholes located outside of the roadway
9. Construction Warranty and Financing of Improvements. The Developer agrees
to construct the Improvements described herein at its own expense and in accordance with City
specifications. The Developer shall engage at its own expense a registered, professional civil
engineer to prepare plans and specifications for the Improvements and shall submit the same to the
City for review and approval. The Developer represents and warrants that all of the Improvements
made as a part of this development shall be guaranteed to be properly functioning as designed for a
period of not less than one (1) year following acceptance of the entire project by the City. In the
case of any material or labor that is supplied and that is reasonably rejected by the City as defective
or unsuitable, then the rejected materials shall be removed and replaced with approved material,
and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at
the sole cost and expense of the Developer. In any event, none of the warranty periods expressed
herein shall begin to run until all of the Improvements within the Plat have been approved and
accepted by the City.
The Developer's engineer shall certify that grading within the Plat was completed in
accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues
any building permits. The Developer shall remain ultimately responsible for accurate grading of all
lots and shall correct any deficiencies in grading that may be discovered until the certificate of
occupancy is issued or the developer is released from its obligation under this Agreement as
outlined in paragraph 7 above.
10. Signs. The Developer shall prepare a plan for all regulatory, directional and street
name signs to be within the Plat. The plan shall be reviewed and approved by the City's public
works department. Upon plan approval, the City's public works department shall install all public
signage within the Plat. The installation of all private signage shall be the responsibility of the
Developer. All costs related to the installation of public signage shall be the responsibility of the
Developer and will be deducted from the Developer's escrow account. The Developer shall post
funds as outlined in Exhibit C prior to the City's public works department beginning the
installation.
11. Drainage Easements.
a) Work within Easements: No improvements, landscaping, or grading,
other than Improvements shown on the approved plans, shall be permitted in dedicated drainage
easements without the prior written permission of the City and any regulatory agency having
0
jurisdiction.
b) Maintenance Responsibilities: The Developer and its successors in
interest, including all individual homeowners, shall be responsible for routine maintenance of all
storm water management ponds, wetlands, and drainage areas within easements dedicated to the
City on their property. Routine maintenance shall include litter removal, mowing and maintenance
of the property adjacent to pond or wetland areas. In the case of drainage swales, routine
maintenance includes the removal of obstructions from the swale as necessary to maintain proper
drainage in addition to the aforementioned items. The City shall be responsible for non -routine
maintenance of storm water ponds within the easements, including pond dredging, maintenance of
the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such
maintenance shall be completed as deemed necessary by the City.
12. Wetland Signage: Permanent signage shall be placed along wetland edges as
outlined in the City's General Specification and Standard Details Manual or approved equal by the
City.
13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section
90-171 of the Hugo Zoning Ordinance, the City's Comprehensive Stormwater Management Plan,
or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive.
Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of
the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood
elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject
property. Additionally, the lowest floor elevation shall be specifically referenced and designated,
for each lot, on a certificate of survey, which survey shall be provided to the City before any
building permits are issued for any lots within the Plat.
14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance
with the approved landscape plans, the City ordinances, and the City's General Specification and
Standard Details Manual. All landscaping shall be complete, established and growing within sixty
(60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is
issued between the dates of October 1 and May 1, then the landscaping required herein shall be
complete, established and growing no later than July 1. All front yards, side yards and back yards
shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in
order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no
more than 35% sand. Unless specific arrangements are made and agreed to by the City, all
landscaping installed within the Plat shall be maintained by the Developer and its successors.
All areas, other than proposed street areas, disturbed by grading activities on the site shall be
seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City
Engineer. Seeding shall be completed as follows:
a) All areas shall be restored with a minimum of four (4) inches of adequate
topsoil prior to seeding.
7
b) Upland areas shall be seeded in accordance with the grading, drainage, and
landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per
acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All
mulch shall be disk anchored.
c) Wetlands, wetland replacement areas and storm water ponding areas shall be
seeded per the Final Landscape Plan dated June 6, 2018, and revised July 27, 2018. The minimum
rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier.
d) All seeded areas shall be maintained for the term of this Agreement. Upland
areas shall be mowed as necessary or as directed by the City Engineer.
e) All disturbed areas within the development shall be maintained to limit
vegetation growth to less than ten (10) inches except designated natural areas or designated open
spaces as shown on the approved plans.
15. Safe Rooms. The Developer shall require all builders to offer a safe room as an
option to any and all potential homebuyers. All safe rooms offered and built within the City
must meet or exceed FEMA requirements and standards.
B. ESCROWS, CHARGES AND UTILITY OVERSIZING:
Developer shall pay the escrows, fees and charges listed on Exhibit C.
C. SPECIAL PLANNING REQUIREMENTS:
The Plat shall be built and maintained in accordance with the planning requirements
listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto.
D. ADMINISTRATIVE REQUIREMENTS:
1. Miscellaneous Provisions. Developer specifically understands that this Plat
approval is given subject to the following requirements:
a) Expiration. The final plat documents for the Plat, which is the first
phase of the Oneka Place preliminary plat, have been submitted to the City Council within one
hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the
Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60)
days of the City Council motion giving final plat approval, unless such deadline is extended by the
City Council in its sole discretion, or else said approval shall be null and void. All fees relating to
this subdivision shall be paid by the Developer, including the cost of recording documents with
Washington County.
b) Recording. The developer shall record this Agreement with
Washington County simultaneous with the recording of the Plat, and shall forward confirmation of
recording of the Plat and this Agreement to the City prior to the issuance of building permits. All
applicable conditions of Plat approval must be met before any deeds are stamped for recording and
8
prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall
be contingent upon compliance with the approved plans for the Improvements and upon
compliance with this Agreement.
c) Model Homes. In the event that site grading is approved by the City
prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat,
the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut
existing streets or roadways, subject to final approval by the City. No model homes may be
constructed or utilized until at least one (1) lift of bituminous has been installed from said model
home lot providing access to a public street or roadway outside of the Plat. No certificate of
occupancy shall be issued for any model or other home until all necessary public improvements and
utilities have been installed and the utilities have been successfully tested. Prior to this, and at the
time that a model home passes final inspection, a model home may only be used by Developer's
staff or realtors for purposes of showing the models to potential buyers. No model home may be
used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been
installed except that, if the certificate of occupancy is issued between the dates of October 1 and
May 1, then the landscaping required herein shall be complete, established and growing no later
than July 1.
d) Sales Trailers. The developer may be entitled to a maximum of one
(1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a
period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer
may be approved by the City Community Development Director prior to the first model home being
available for showing. The trailer is subject to the issuance of a building permit, shall meet all
applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain
sufficient parking for the size of the office, and shall have safe and suitable access to a paved,
public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days
following the date that a model home passes final inspection.
e) Deviations. No material deviations from the approved Plat shall be
allowed unless approved in writing by the City. Approval herein is also given subject to full
compliance with the conditions of approval and findings adopted by the City Council in connection
with the approval of the development.
f) Certificates of Survey. A certificate of survey shall be provided to
the City Building Inspector for each lot at the time a building permit is requested for the lot.
Attached to the certificate of survey shall be an erosion control plan for the lot showing location and
type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan
shall be submitted for each home site.
g) Outhouses. The Developer shall provide on -site a sufficient number
of portable outhouses to be available for the persons who will be working on -site until
Improvements are accepted according to the plans in Exhibit A.
0
h) Property Owners Association. When required as a condition of
approval outlined in Exhibit B, the Developer agrees to form a property owners association,
membership in which shall be mandatory for all of the lots within this development. The property
owners association shall be responsible for maintenance and repair of all common elements as
listed in the property owners association documents within this development and the same shall be
maintained in good condition in accordance with all City ordinances and reasonable directions of
the City. Developer agrees to provide a copy of the property owners association documents to the
City prior to the recording of the final plat. In the event of failure or refusal of any property owners
association to so maintain or repair the common elements then the City may, with seven days
written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the
work and assess each of the lots within the plat for the cost of the work.
i) Intentionally deleted
j) The property owners association documents shall advise owners of
all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT,
INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A
DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE
AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER.
k) Developer acknowledges that a separate development agreement will
be entered into at the time of final plat approval of subsequent phases in the development. That
Development Agreement will address, among other things, necessary improvements to be made,
financial guarantees to be provided, and the amount of the development fees to be paid by the
Developer.
1) Developer shall remove all tree waste, junk, miscellaneous debris,
junk vehicles, and any other personal property from the Plat which does not comply with the City
Zoning Ordinance until final acceptance of the Improvements.
E. DAMAGES AND DEFAULT:
1. Developer agrees to pay liquidated damages to the City if any lot has a real
estate closing occur before all public improvements within the Plat are certified as being
substantially completed by the City. Specifically, Developer agrees to immediately pay to the City
liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which
occurs in violation of this paragraph. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City. Model Homes are exempt from this section.
2. Developer agrees to pay liquidated damages to the City, in the amount of
Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or
utility easement not permitted on the plans without first obtaining a written permit from the City
expressly authorizing said encroachment. The City shall be authorized to retain an appropriate
10
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City.
3. Events of Default.
a) Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in
this Agreement, any one or more of the following events:
Subject to unavoidable delays, failure by Developer to commence
and complete construction of the Improvements pursuant to the
terms, conditions and limitations of this Agreement.
2. Failure by Developer to substantially observe or perform any
material covenant, condition, obligation or agreement on their part to
be observed or performed under this Agreement.
b) Remedies on Default. Whenever any Event of Default occurs, the
City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or
otherwise by written, executed instrument of the City, may take any one or more of the following:
The City may suspend its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City,
that Developer will cure their default and continue their
performance under the Agreement. Suspension of performance
includes the right of the City to withhold permits including, but not
limited to, building permits.
2. The City may initiate such action, including legal or administrative
action, as is necessary for the City to secure performance of any
provision of this Agreement or recover any amounts due under this
Agreement from Developer, or immediately draw on the financial
Letter of Credit, as set forth in this Agreement.
4. Enforcement by City; Damages. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. The Developer also
acknowledges that its failure to perform any or all of their obligations under this Agreement may
result in substantial damages to the City; that in the event of default by the Developer, the City may
commence legal action to recover all damages, losses and expenses sustained by the City; and that
such expenses may include, but are not limited to, the reasonable fees of legal counsel employed
with respect to the enforcement of this Agreement.
11
F. THIS AGREEMENT:
1. Release of Agreement. This Agreement shall run with the land and may be
recorded against the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver to the Developer
a release.
2. Warranty of Title. Developer warrants and represents to the City that it is
the fee owner of the land described herein and that it has authority to execute this Agreement, with
consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto.
Developer also represents and warrants that the use for which this development is sought will not
violate any restrictive covenants applying to the property.
3. Binding Effect. This Agreement shall be deemed to be a restrictive
covenant and the terms and conditions hereof shall run with the land described herein and be
binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and
shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference herein to the Developers, if there be more than one,
shall mean each and all of them.
This Agreement shall be placed of record so as to give notice hereof to
subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against
the escrow account.
4. Restrictions on Transfer/Indemnification. Developer agrees to defend
and hold the City, and its officials, employees and agents, harmless against any and all claims,
demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable
attorneys fees, arising out of actions or omissions by Developer, their employees and agents, in
connection with the Project. No transfer or assignment shall be made without City approval and
any assignment or transfer without such approval shall be void.
5. Incorporation by Reference. All general and special conditions, plans,
special provisions, proposals, specifications and contracts for the Plat and for any Improvements
furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
6. Developer will comply with and promptly perform all of its obligations
under this Agreement.
7. Evidence of Title. Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an attorneys title opinion or title insurance
12
commitment dated not earlier than thirty (30) days prior to the execution of the Plat.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
13
By
Tom Weidt, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
City of Hugo
By
Michele Lindau, Clerk
On this day of , 20_, before me, a Notary Public,
personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, 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
14
Developer
CPDC — Pratt — Oakwood, Limited Liability Partnership
CPDC-Pratt-Oakwood Limited Liability Partnership
(A Minnesota limited liability partnership)
By: Pratt Investment Co., LLP
(A Minnesota limited liability partnership)
Its: Authorized Partner
LN
Leonard Wallace Pratt
Its: Authorized Partner
STATE OF MINNESOTA )
ss.
COUNTY OF )
The foregoing instrument was acknowledged before me on , 2018, by Leonard Wallace
Pratt, the Authorized Partner of Pratt Investment Co., LLP, a Minnesota limited liability partnership
and the authorized partner of CPDC-Pratt-Oakwood Limited Liability Partnership, a Minnesota
limited liability partnership, on behalf of each of the limited liability partnerships.
(Notarial Seal)
15
Notary Public
EXHIBIT A
LIST OF DEVELOPMENT PLANS
Sheet No.
Plan
Date
Author
1-4
Final Plat
Stamped February 22, 2019
Westwood Professional
Recorded at Washington County
Services, LLC
1
Construction Plans - Cover
6-1-18, revised
Westwood Professional
Grading, Drainage, and Erosion
Services, LLC
Control Plan
2
Overall Development
6-1-18, revised
Westwood Professional
Services, LLC
3-6
Grading, Drainage, and Erosion
6-1-18, revised
Westwood Professional
Control Plan
Services, LLC
7-8
Street Profiles
6-1-18, revised
Westwood Professional
Services, LLC
9-10
Details
6-1-18, revised
Westwood Professional
Services, LLC
1
Construction Plans - Cover
6-18-18, revised
Westwood Professional
Sanitary Sewer, Water Mains,
Services, LLC
Storm Sewer, and Streets
2
Overall
6-18-18, revised
Westwood Professional
Services, LLC
3-6
Sanitary & Water Main
6-18-18, revised
Westwood Professional
Construction Plan
Services, LLC
7-10
Street and Storm Sewer
6-18-18, revised
Westwood Professional
Construction Plan
Services, LLC
11
Storm Sewer
6-18-18, revised
Westwood Professional
Construction Plan
Services, LLC
12
Intersection Details
6-18-18, revised
Westwood Professional
Services, LLC
13-15
Details
6-18-18, revised
Westwood Professional
Services, LLC
1
Final Landscape Plan
6-05-18, revised
Westwood Professional
Services, LLC
2-5
Final Landscape Detail
6-05-18, revised
Westwood Professional
Services, LLC
3
Final Landscape Notes and
6-05-18, revised
Westwood Professional
Details
Services, LLC
2
Water Re -Use Map
Irrigation Doctor Inc.
16
EXHIBIT B
APPROVAL CONDITIONS
1. A final plat is approved to allow the creation of 42 single family home lots and 1 outlot, in
accordance with the application and plans received by the February 15, 2019, February 22,
2019, and March 12, 2019. except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the preliminary
plat and PUD approval granted by the City Council on May 21, 2018.
3. Development standards shall comply with Resolution 2018-14 and 2018-15, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer's memo dated
April 11, 2019, and revisions required in "red -lined" comments from the City Engineer.
5. Outlot Use and Ownership:
a. Outlots A is proposed for landscaping and shall be deeded to the City. The
Landscaping shall be maintained by the Homeowners Association.
b. Outots B and C are proposed for additional phases of the development.
6. The developer shall design and install a storm water re -use system for the irrigation of the
lots.
7. The landscaping planned for the plat shall be installed in one phase. The developer shall take
proper precautions to protect the trees as the homes are being built.
8. Staff will continue to work with the developer on the street lighting plan. Exact locations of
the street lights shall be reviewed and approved by City staff prior to installation. The street
lights shall be the Lantern style decorative light.
9. Prior to the release of the final plat for recording, the developer shall comply with the
following conditions.
a. An HOA shall be established to own/operate/maintain the following:
i. landscaping within the outlots,
ii. landscaping along Oneka Parkway within the right-of-way,
iii. landscaping on proposed residential lots,
iv. all retaining walls,
v. and the water re -use system.
The HOA documents/covenants shall be reviewed and approved by staff.
17
b. The storm water re -use system shall be reviewed and approved by staff. The storm
water reuse system operation, encroachment, and maintenance agreement shall be
reviewed and approved by City staff.
c. An encroachment and maintenance agreements shall be reviewed and approved by
staff for access and maintenance of landscaping, signage, and retaining wall with
in Outlots proposed to be deeded to the City.
d. The developer shall comply with all "red -lined comments" and conditions
outlined in the City Engineer's memos dated March 3, 2018, July 27, 2018, and
April 11, 2019, as provided to the developer.
e. The development shall comply with the Fire Chief s requirements regarding fire
flow calculations, the location of fire hydrants, fire department connections, and
fire lane signage.
f. The developer shall obtain all necessary stormwater management and WCA
permits from the City.
g. The developer shall obtain all necessary local, state, and federal permits.
h. Architectural design standards shall be reviewed and approved by staff.
i. The City will not accept any improvements that are constructed and installed
outside of the platted road right-of-way and in the outlots. Further, the City will
not reduce the letter of credit or other financial assurance approved by the City
until the improvements have been accepted by the City.
10. Prior to the Final Plat being released for recording, the developer shall comply with the
following conditions:
a. The developer shall enter into a development agreement, shall agree to complete
all improvements, and pay all fees as required by the agreement.
b. A letter of credit or other financial assurance approved by the City shall be
established for the construction and maintenance of any utilities installed outside
of platted road right-of-way and in the outlots.
c. A maintenance road shall be established and approved by the City Engineer for
access to all utilities installed outside of the platted road right-of-way and in the
outlots.
d. The Final Plat shall be revised to include drainage and utility easements over all
outlots.
W
e. The plan shall be revised to include the construction of Fairoaks Avenue to the
north property line of the plat.
11. Prior to the issuance of building permits, the developer shall comply with the following
conditions.
a. The applicant shall record the final plat, development agreement and all other
documentation at Washington County and provide the City with proof of
recording.
b. The applicant shall submit three full sets of approved final plans to the City.
c. If a sales trailer is located in the property, a site plan and building elevations shall
be submitted for City review and approval.
19
EXHIBIT C
ESCROWS, FEES AND CHARGES
a) Escrow for City Costs and Fees. Developer shall deposit sufficient
escrow with the City as outlined in Section A. 1. The required beginning balance in the account is
calculated at $2,131,352.00 This sum is calculated to be four percent (4%) of the estimate of the
required Improvements to be installed to serve the development, plus $5,000 which is the minimum
balance required in the account.
b) Cash Escrow or Letter of Credit. Developer shall provide a financial
guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one
hundred twenty-five percent (125%) of the estimated amount of the required Improvements. This
amount has been calculated by the City Engineer to be $ 68,204.00. This amount may be reduced
upon request of the Developer and approved by the City. At no point shall the Letter of Credit be
reduced below ten percent (10%) of the original amount. The City shall have the right to retain the
financial guarantee until the Improvements have been completed to the satisfaction of the City and
the warranty period has expired.
c) Storm Water Trunk Fee. The Developer shall pay the City a Storm
Water Trunk Fee in the amount of $ 42,522.00 This sum is calculated to be $0.07 per square foot
for the 607,443 square feet of net developable area within the Plat. This fee shall be paid before the
Plat is signed by the City.
d) Storm Water Ponding Fee. The storm water ponding requirement has
been met by the Developer through the incorporation of on -site ponding. No storm water ponding
fee will be applied.
e) Snow Plowing. Developer agrees to pay a one-time lump sum cash
escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow
season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer
shall post a cash escrow with the City in the amount of $ 1,775.00 ($0.50 x 3,550 = $1,775.00).
f) Sealcoatin . The Developer shall post a one-time lump sum cash
escrow with the City in the amount of $14,200.00to cover the cost of the first sealcoating of the
streets in the Plat. This sum is calculated to be $4.00 per foot for the 3,550 feet of streets within the
Plat.
g) Park Dedication. Park dedication has been satisfied with dedication
of Outlot I.
h) Cul-de-sac Escrow. N/A
20
i) Escrow for Street Si ng age. Developer shall deposit $2,000.00 into
an escrow account with the City. This amount represents an
estimated cost of $500/sign for 4 signs to be installed within the
development.
j) WCA Escrow. N/A
k) Sanitary Sewer Trunk Fee. The developer shall pay the City a
sanitary sewer trunk fee in the amount of $68,544.00 This sum is calculated to be $1,632.00 per lot
for the 42 residential lots within this phase.
1) Water Trunk Fee. The Developer shall pay the City water trunk fee
in the amount of $49,392.00. This sum is calculated to be $1,960 per lot, with credit provided for
the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The
reduction is calculated at 35%, resulting in a trunk water fee amount of $1,176 per lot. The total is
based on the reduced per unit fee applied to the 42 lots in the plat.
21
EXHIBIT D
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Sir or Madam:
We hereby issue, for the account of , and in your favor, our
Irrevocable Letter of Credit in the amount of $ , available to you by your draft
drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. dated
, 200 , of ";
b) Be signed by the City Administrator; and,
c)
Be presented for payment at
on or before 4:00 p.m. on ,
This Letter of Credit shall automatically renew for successive one (1) year terms unless, at
least forty-five (45) days prior to the next annual renewal date (which shall be
of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the
terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail,
postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual
renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue
North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days
prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified or limited by reference to any document, instrument or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
22
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
By:
Its
23
EXHIBIT E
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER:
INSURED:
ADDITIONAL INSURED:
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date:
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
City of Hugo
Expiration Date:
Insurance Company:
COVERAGE — Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
() Claims Made () Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
24
Property Damage:
$200,000 for each occurrence
Combination of Single Limit Policy $1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub -Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.:
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person
Property Damage:
Expiration Date:
$1,000,000 each occurrence
25
$500,000 each person
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE
ON ANY OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS
WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
W
BY:
Authorized Insurance Representative
26
EXHIBIT F
MORTGAGEE CONSENT TO DEVELOPMENT AGREEMENT
Alliance Bank, a Minnesota banking corporation, which holds a mortgage on all or part of
the subject property, the development of which is governed by the foregoing Development
Agreement, affirms and consents to the provisions thereof and agrees that the foregoing
Development Agreement shall remain in full force and effect even if it forecloses its mortgage(s).
Dated the day of , 2018.
STATE OF MINNESOTA
)SS
COUNTY OF
ALLIANCE BANK
a Minnesota banking corporation
12
Its
R. Scott Johnson
Vice President
The foregoing instrument was acknowledged and sworn to before me this day of
, 2018, by R. Scott Johnson the Vice President of Alliance Bank, a
Minnesota banking corporation, on behalf of the banking corporation.
Notary Public
27
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
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·
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
x
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Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
Phone (952) 937-5150 12701 Whitewater Drive, Suite #300
Fax (952) 937-5822 Minnetonka, MN 55343
Toll Free (888) 937-5150
N.
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Memorandum
To: Brian Bear
From: Mark Erichson
Klay Eckles
Date: April 11, 2019
Re: Water's Edge Stormwater Reuse Phase II
WSB Project No. 013127-000
In 2018 Hugo completed a stormwater reuse project in partnership with the Water's Edge Home
Owner's Association (HOA), Metropolitan Council, and the Rice Creek Watershed District. That
project has been very successful and well received by the HOA. It is reducing irrigation demand
on the Hugo potable water supply which is anticipated to average about 17 million gallons per
year. With additional planned opportunities for stormwater reuse in the area and increasing
appreciation of the benefits of stormwater reuse, an opportunity is now available to extend the
scope of the reuse system into what is being called Water's Edge Stormwater Reuse Phase II.
Phase II would be similar in size and scope to Phase I. It is estimated that it would serve 100 total
acres, irrigating approximately 42 acres of turf. This could result in additional savings of roughly
12 MG of potable water per year. The HOA has indicated interest in such a project, and the City
has procured an additional grant from Rice Creek Watershed District in the amount of $185,760
to help fund a project expansion. The City of Hugo approved the Rice Creek Watershed District
Cost Share Agreement at the April 1, 2019, City Council meeting. Project costs are estimated to
be $350,000. To move this project forward, the additional steps are needed:
1. Council action to authorize the project
2. Preliminary meetings with project partners
3. Amendment or implementation of new agreements between the City and the Water's
Edge Home Owners Association to recover City costs over time
4. Development of the plans and specifications
5. Undertake a neighborhood meeting for area residents
6. Securing of contractors to complete the installations
7. Construction, inspection, project management
8. Project wrap up, final reporting
This work plan is similar to Phase I, and much of the work should be straightforward and efficient
given the experience gained during that project. If Council gives direction to move forward WSB
could begin work immediately, with a possible project delivery date of October 2019.
I am available at the Council meeting to provide a brief presentation of the experiences of the
Phase I project, as well as the potential benefits of Phase II.
Staff will be making arrangements for a ribbon cutting ceremony for the start-up of the Water's
Edge Phase I water re -use system and will coordinate with the City Council.
INGVFILES011Projects1013127-OOOXAdminlMeeting\041519 Authorize Plans and Specificationslwaters edge phase 2 memo to hugo.docx
CITY OF HUGO
RESOLUTION NO.
RESOLUTION AUTHORIZING PREPARATION OF PLANS AND SPECIFICATIONS
FOR THE WATER'S EDGE PHASE II WATER REUSE IMPROVEMENT PROJECT
WHEREAS, the City of Hugo has completed the Water's Edge Phase I water reuse project in
2018 and the project was well received by the Water's Edge Home Owner's Association with their
organization having interest in additional projects; and
WHEREAS, the City of Hugo has procured an additional grant from Rice Creek Watershed
District in the amount of 185,760 for the Water's Edge Phase II Water Reuse Project with the City
Council approving the RCWD grant agreement at the April 1, 2019 City Council meeting; and
WHEREAS, the City Council is ordering the project finding that it would be in the best interest of
the City to proceed with the preparation of plans and specifications.
NOW, THEREFORE BE IT RESOLVED by the City Council of The City of Hugo:
Authorizes the Preparation of the Plans and Specifications for the Water's Edge
Phase II Water Reuse Improvement Project.
2. WSB is designated as the engineer for this improvement and directed to prepare plans
and specifications for the Water's Edge Phase II Water Reuse Improvement Project.
Adopted by the Council of the City of Hugo this 15th day of April, 2019.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof:
The following voted against same:
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Agenda Number: 1.1
CITY OF HUGO
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: Rosemary Apartments — MWF Properties. Site plan and conditional use permit
for a three story approximately 80,000 square foot apartment building for the
property located north of Rosemary Way and west of Everton Avenue.
Frenchman Place 4th Addition Final Plat
DATE: April 11, 2019, for the City Council meeting of April 15, 2019
ZONING: Medium Density Multiple Family Residential (R-5)
COMPREHENSIVE PLAN: Medium Density Residential (MD)
60-DAY REVIEW DEADLINE: April 15, 2019
1. PLANNING COMMISSION UPDATE:
At its March 28, 2019, meeting the Planning Commission held a public hearing and considered
the requests. There were several people who spoke during the public hearing on a variety of
topics. The concerns were regarding building height, parks, parking, grading/drainage, flooding,
traffic, and affordable housing.
Staff stated that the developer would need to apply for a variance to have a building height of 38
feet, where 35 feet is required by ordinance. The developer stated that the building height is a
result of comments from staff on the architecture, but they will work on reducing the height.
Staff concurred. The developer stated if they can't meet the building height requirements, they
would apply for a variance.
There were people who spoke with comments on the lack of parks in the area and asked if the
apartment project would have its own park. Staff stated that the area is intended to be served by
other parks in the areas, but recognizes that there is not a park in close proximity. Staff also
stated that the apartment project does include a small park to serve the residents.
Rosemary Apartments Site Plan and CUP
Frenchman Place 4th Addition Final Plat
Page 2
There were some concerns on the amount of parking provided for the development. The
developer stated that they usually plan for a two parking spaces per unit. There are 56 parking
spaces underground and 43 ground parking spaces, for a total of 99 parking spaces. This meets
the ordinance requirements for parking for the apartment use.
There were several people who spoke about drainage and flooding. There were concerns that the
properties surrounding the apartment project would not drain the way they currently drain and
that the properties would flood. Staff explained the how stormwater currently drains on the
apartment property and how it will drain after the project is constructed. The property will drain
generally the same way after construction. The City has stormwater management requirements
that require the amount of stormwater runoff to not increase post development and the applicant
has met the requirement, with some minor technical items to address.
There were a few concerns about the amount of traffic the project would generate along
Rosemary Way and Everton Avenue. Staff explained that Rosemary Way was designed as a
collector road as a parallel route to CSAH 8. Staff stated that the road can handle the traffic,
along with Everton Avenue.
There were several people that spoke in regards to affordable housing. They had concerns about
congestion, crime, and decreasing property values. The developer talked about the income limits
and rental rates. He stated that the developer is not only the management company but a long
term owner. He stated that they want to maintain the character, safety and integrity of the
building and its tenants. He stated that they have not seen a decrease in property values because
of their affordable projects. Staff reminded the Planning Commission that the application was
reviewed in regards to whether it meets the City ordinance standards. Staff noted that whether or
not it is an affordable housing project, is not one of the criteria for approval.
Staff recommended approval of the applications to the Planning Commission.
The Planning Commission generally liked the plans but had a few questions on the building
height, parking, drainage, and architecture. Most of the same answers above were provided.
The Planning Commission recommended approval of the applications, subject to the conditions
in the resolutions.
The vote was 6 to 1. The nay resulted from a concern that the project did not meet the character
of the area.
Everton Avenue Residents Meeting
After the Planning Commission Meeting staff was contacted by a group of residents along
Everton Avenue to talk about drainage. There was a meeting on Monday, April 8, 2019, to
discuss this topic. The City Engineer and Water Resources Engineer were present at the meeting.
It was discussed that there are stormwater management rules that the project must follow. The
existing and proposed strormwater drainage conditions were shown on a map to the residents. It
was noted that the rate and the volume of stormwater drainage will not be increased with the
proposed plans. It is in staff's opinion that the meeting went well and several concerns and
Rosemary Apartments Site Plan and CUP
Frenchman Place 4th Addition Final Plat
Page 3
questions during the public hearing were answered. There may be a separate meeting on other
drainage items not related to this project.
2. DESCRIPTION OF REQUEST:
The developer is requesting approval of a site plan and conditional use permit (CUP) for a three
story approximately 80,000 square foot apartment building (including underground parking lot)
for the property located north of Rosemary Way and west of Everton Avenue. Apartments are
allowed in the Medium Density Multiple Family Residential (R-5) with a CUP. The property is
18.15 acres, including several wetlands for a total of 4.6 acres buildable. The density of the
project would be ten units per acre, meeting the zoning district regulations.
The apartment would be rented to persons or families who earn 60% of the area median income
or less. This equates to $45,000 to $65,000 depending on household size. Rents will average
$725 for a one -bedroom, $985 for a two -bedroom, and $1,200 for a three -bedroom. The
anticipated unit mix is 6 one -bedroom, 18 two -bedroom, and 21 three -bedroom units.
The developer is also requesting approval of a final plat for Frenchman Place 3rd Addition. This
project will plat one 1 from Outlot B, Frenchman Place consistent with the preliminary plat.
3. CONTEXT:
A. Surrounding Land Use and Zoning
The properties to the north are zoned Agricultural (AG) and are occupied by large lots and single
family homes. The property to the east is zoned Medium Density Multiple Family Residential
(R-5) and is occupied by Christ Lutheran Church. The properties to the south are zoned General
Business (C-2) and are vacant. The property to the west is zoned Planned Unit Development is
occupied by townhomes.
B. Existing Site Characteristics
The property is currently vacant and contains several wetlands. The upland of the property was
used for stockpiling of dirt, but is normally generally flat.
4. BACKGROUND:
The property is part of the Frenchman Place development that was master planned in 2008.
There are several lots in the development that were proposed to be a combination of institutional,
residential, and commercial uses. The developer at the time, indicated that this lot would be
developed at an apartment building. Site plan approval is required for each lot as it develops. The
City Council agreed with the approval of the preliminary plat that the proposed lot and building
layout, street alignments, and proposed uses functioned properly and fit in with the surrounding
areas.
The Medium Density Multiple Family Residential (R-5) allows for the expansion and
development of medium -density multiple -family uses such as townhouses and apartments where
Rosemary Apartments Site Plan and CUP
Frenchman Place 41h Addition Final Plat
Page 4
public utilities are present. This district addresses the need for life cycle housing by offering an
alternative to single-family detached housing with a standard density between six and ten units
per acre and a planned unit development density of six and twelve units per acre. The project
meets the density requirements.
5. ANALYSIS:
A. Level of City Discretion in Decision -Making
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.
The City's discretion in approving or denying a conditional use permit is limited to whether or
not the proposed application meets the standards outlined in the City's Comprehensive Land Use
Regulations. If it meets these standards, the City must approve the conditional use permit.
B. Consistency with Ordinance Standards
The applications comply with the ordinance standards as follows:
Conditional Use Permit
The developer is requesting an apartment use to be allowed on the property. Apartments are
allowed in the R-5 zoning district with a conditional use permit.
The Planning Commission must review the application for a conditional use permit with the
standards provided in Section 90-37 of the City Code. Staff used these standards to review the
application and found that the request meets all applicable standards as follows:
1. The proposed use is permissible by law.
The proposed use is allowed by conditional use permit.
2. The proposed use is keeping with the spirit and intent of the ordinance.
The proposed use is allowed in the R-5 zoning district and will keep with the spirit and intent of
the ordinance, which is intended to allow an apartment building by a CUP as long as they
comply with the regulations.
3. The proposed use is compatible with the City's Comprehensive Plan and the character of the
surrounding area.
The City's Comprehensive Plan guides the land use for the site as Medium Density Residential
(MD). The site is located between a commercial area, large lot residential, and a townhome
development. The property is part of the Frenchman Place development that was master planned
in 2008. There are several lots in the development that were proposed to be a combination of
Rosemary Apartments Site Plan and CUP
Frenchman Place 41h Addition Final Plat
Page 5
institutional, residential, and commercial uses. The proposed use is compatible with the master
plan, the surrounding development, and will not alter the character of the area.
4. The proposed use has adequate drainage, water supply, electrical, gas, and sewage treatment
facilities.
The proposed use as adequate drainage, water supply, and utilized to the site.
5. The proposed use has adequate road access.
The developer is proposing access of Rosemary Way which is designated as a collector street in
the City's Comprehensive Plan.
6. Technical Evaluation of Floodplain.
The developer is not proposing to impact any floodplain.
7. The proposed use should not increase the potential for flood damage.
The proposed use would not obstruct the floodplain or increase the potential for flooding.
8. The proposed use will not damage or reduce the benefits the public receives from public
waters.
The proposed use would not damage or reduce the benefits from any public waters.
9. The use of watercraft on public waters.
The proposed use would not involve the use of watercraft on public waters.
10. All structures shall be screened from view of public waters.
The proposed use would not be visible from public waters.
11. Wetland impacts.
The proposed use does impact wetlands. The developer has submitted a wetland replacement
plan that has been reviewed by the Technical Evaluation Panel (TEP). The approval is expected
to be on the April 15, 2019, City Council agenda.
12. All state and local permits shall be acquired for the conditional use.
The developer would be responsible for obtaining all state and local permits.
13. Adequate screening and buffering from non -compatible uses and public rights -of -way.
Rosemary Apartments Site Plan and CUP
Frenchman Place 41h Addition Final Plat
Page 6
The proposed use is compatible with the adjacent developments. Landscaping will be installed
with the development.
It's in staff s opinion that the developer has met the criteria to approve the CUP request.
Site Plan
The site plan application is for the three story approximately 80,000 square foot apartment
building including underground parking. The foot print of the building is 20,616 square feet. The
building is located in the middle of the site and the parking lot is on the south side of the
building. The access to the site is proposed from Rosemary Way.
Building Setbacks
The R-5 zoning district requires a 25-foot front and rear yard setback and a 15-foot side yard
setback. The site plan complies with the setback requirements.
Building Height
The R-5 zoning district has a maximum building height of 35 feet. They are proposing the height
of the building to be 38.5 feet, where 35 feet is required by ordinance therefore a variance is
required. The developer has not applied for a variance. Staff has added as a condition of approval
that prior to the issuance of a building permit the developer shall lower the height of the building
to 35 feet or apply for approval of a variance.
Building Coverage and Lot Coverage
The R-5 zoning district limits maximum lot area to be covered by a building to 40% and
maximum lot area to be covered by impervious surface to 70%. The site plan complies with the
coverage requirements.
Parking
The developer is proposing to satisfy the parking requirements with a combination of ground and
below ground parking.
According to the Section 90-253 PARKING of the City Code, based on the use and the size of
the building the total number of parking spaces required is 99. The developer is proposing 99
parking spaces, which meets the ordinance standards. The developer is proposing parking on the
south side of the building. The vehicle circulation within the parking lot works well. The
developer meets the ordinance standards.
Landscaping
Section 90-181 of the Zoning Ordinance provides landscaping requirements for developments.
The site plan includes tree and shrub locations and species.
Rosemary Apartments Site Plan and CUP
Frenchman Place 4th Addition Final Plat
Page 7
The ordinance provides two ways of calculating the required amount of trees and shrubs. One
based on the square footage of the building and one based on the perimeter of the site, whichever
is greater. In order to meet the landscape requirements, 45 overstory deciduous trees, 45
coniferous trees, 42 ornamental trees, and 140 shrubs are required to be installed. The developer
is proposing 62 overstory deciduous trees, 41 coniferous trees, 42 ornamental trees, and 140
shrubs. The developer is substituting 4 of the required coniferous trees with 17 overstory
deciduous shade trees. It's in staff s opinion that this is a good substitution. Not only does the
developer exceed the number of shrubs that are required overall, they are providing several
additional ornamental grasses and perennials. The number of trees and shrubs meet intent the
landscape ordinance.
Although the landscape plan meets the ordinance in regards to counts, the developer shall revise
the landscape plan to comply with the following:
1. Landscaping shall be added to the north side of the building to screen the proposed
condensers.
2. The developer shall provide staff with planting details for landscaping proposed on the
slopes of the property.
Staff will continue to work with the developer on revisions to the landscape plan.
The developer is proposing the ground cover to be seeded with grass and the property will be
irrigated.
Lighting
The ordinance requires lighting to consist of cut-off fixtures. Light cast on adjacent property and
roads is not to exceed 1/2 foot candle measured at the property line or 1 foot candle measured at
the street's centerline.
The developer is proposing pole mounted cut-off light fixtures within the parking lot area. The
developer is also proposing wall mounted downcast cut-off light fixtures on the building. The
developer has provided examples of cut sheet for the lights, but has not decided on a final
product to install. Shields will be required on the proposed lights to reduce glare. Prior to the
installation, the pole and wall mounted fixtures will need to be reviewed and approved by staff.
Fencing and Screening
The developer is not proposing any fencing at this time. If fencing is proposed in the future, the
location and type shall be reviewed and approved by staff.
The developer is not showing the location of any roof top mechanical equipment. The ground
mounted is proposed on the north side of the building. Landscaping shall be added to the north
side of the building to screen the proposed condensers.
The trash enclosure is proposed to be interior to the building on the west side.
Rosemary Apartments Site Plan and CUP
Frenchman Place 41h Addition Final Plat
Page 8
Streets and Access
The development as adequate access from Rosemary Way.
Trails/Sidewalks
There are sidewalks along both sides of Rosemary Way. The developer is showing a sidewalk
connection at Rosemary Way that goes north to the property. There is a sidewalk along the front
of the building.
The Comprehensive Plan does not show any proposed trails through the site. There are no trails
proposed with the development.
Building Architecture
In 2005, the City Council adopted the Multi -Family Design Guidelines and the developer has
provided building elevations and a building rendering for review.
The majority of the building will include cement board siding and shake siding, with accents of
rock face block and cast stone along the bottom, at the main entrance, and building corners.
There is a good color variation in the design. There seems to be a difference in the material
colors on the sample board of the colors shown on the building elevations. Staff will continue to
work with the developer on the building material colors. There will be a stone sill along the top
of the stone as the material transitions to cement board siding. The windows and doors will
include a white color frame around the edges and some windows include a header at the top. The
architecture includes a pitched roof with asphalt shingles.
The building has horizontal and vertical projections, which are encouraged by the Multi -Family
Design Guidelines. The sides of the building are broken up by the projections, windows, and
color variation. The peaked roof sections could be wider to create a more balanced design, as
they are tall and skinny and widening them will help breakup the fagade of the building. The
main entrance is on the south side of the building and includes a significant amount of cast stone
and a canopy with pillars, creating a clear main entrance. Staff recommends that cast stone be
added to the pillars for a more cohesive design. The developer has done a good job of wrapping
the cast stone around the corners of the building with the corner design elements.
The design guidelines state that buildings should be designed with high quality materials on all
sides of the building, consisting of stone and similar materials. There are window headers on
some of the windows on the 1st floor and where they are shown headers could be added to the 2nd
and 3rd floors to add balance and interest to the building. The north elevation (back of the
building) seems to be missing some of the architectural details, such as widow headers and cast
stone material the rest of the building includes. Staff recommends that the developer add
architectural elements and add the cast stone, to the north elevation to match the other elevations
of the building. Staff will continue to work with the developer on the architecture on that portion
of the building.
Rosemary Apartments Site Plan and CUP
Frenchman Place 4th Addition Final Plat
Page 9
It is in staff s opinion that the developer has attempted to comply with the spirit and intent of the
design guidelines. They have done a good job at creating a clear main entrance, breaking up with
fagade of the building with projections, and including corner design elements. Staff recommends
the following revisions to the building elevations to further comply with the design guidelines:
1. Add cast stone to the north side of the building to match the rest of the building.
2. The internal air conditioning unit vents shown on the plans shall match the color of the
adjacent siding, shakes, or stone.
3. The developer shall provide details on the locations and colors of the gutters and down
spouts.
4. Where window headers are shown on the 1st floor, they should be shown on the 2nd and
3rd floor.
5. The peaked roof sections should be evaluated on whether they could be widened to create
a more balanced design.
6. Cast stone shall be added to the pillars.
7. Staff will continue to work with the developer on the building material colors.
The final design shall be reviewed and approved by staff prior to the issuance of the building
permit.
Apartment Management and Amenities
In addition to underground parking, on site amenities would include: secure access, in unit
laundry, on site management including a manager's office, a lounge area, a community room, a
fitness center, and an outdoor children's play area.
Signage
Monument signs are permitted for residential subdivisions and multi -family developments of
nine or more units. Monument signs shall be a maximum of 32 square feet per face. The sign
shall be a maximum of six feet in height, measured from the grade of the ground, and shall be
setback at least ten feet from all property lines and five feet from the right-of-way. The sign shall
be designed to be architecturally compatible with the project, and shall be located within a
landscaped area extending at least three feet around the base of the sign.
The developer is proposing a freestanding sign at the entrance of the property. The developer has
not provided any details on the design of the sign.
The developer has not proposed any wall signs.
Prior to the installation of any sign a sign permit shall be approved by the City.
Drainage/Grading
The site plan shows the building located within upland area surrounded by wetlands. The
existing drainage flows to the north, east and west from the high point in the center of the site.
The proposed development will be matching the existing drainage area and will be directing the
Rosemary Apartments Site Plan and CUP
Frenchman Place 41h Addition Final Plat
Page 10
north and east drainage to filtration areas prior to discharging into the wetland. Proposed
drainage to the west will consist of entirely pervious surface. The site meets the City's
requirements for volume control, water quality, and rate control. Because the existing site is
already an upland area higher than the wetland elevations, flow within the wetlands for proposed
conditions will be unaffected.
Staff is currently working with the developer to finalize the technical design of the stormwater
management facilities, and will issue a permit for stormwater once the remaining items are
resolved.
The developer will be responsible for maintaining stormwater facilities and vegetation proposed
as a part of the project. A maintenance agreement between the City and the applicant shall be
reviewed and approved by the City then recorded against the property prior to the start of grading
activities on the site.
Water reuse is not being utilized on this project. The stormwater management facilities for this
project are filtration basins and do not have enough stormwater to irrigate the site.
The fire department recommended that the grading around the building be leveled out to provide
easier access for fire protection and rescue.
Utilities
City water and sewer utilities are available within Rosemary Way. The utilities are sufficient to
serve the development.
The developer will be responsible for the City's water and sewer trunk fees, as well as the water
(WAC) and sewer (SAC) connection fees to be paid at the time of the building permit. The
developer will also be responsible for the Met Council sewer connection fee.
The Fire Department is requiring that another hydrant be installed on the west side of the parking
lot. City staff will coordinate with the developer to finalize a location.
Wetlands
Wetlands that are present on the site have been delineated by the developer and the delineation
has been approved by the City. The site plan includes some wetland filling, which will require a
wetland replacement plan. The developer submitted a complete application related to their
wetland replacement plan, and it is under review by the Technical Evaluation Panel (TEP). The
replacement plan proposes using credits from the Rosemary mitigation site. A no -loss
application will be approved for impacts to incidental wetlands along the northern boundary of
their proposed grading since these are incidental wetlands resulting from the mitigation area
increasing site hydrology. It is anticipated that the application approval will be on the April 15,
2019, City Council agenda for consideration.
The developer shall dedicate a drainage and utility easement to the City over the wetland.
Rosemary Apartments Site Plan and CUP
Frenchman Place 41" Addition Final Plat
Page 11
Park Dedication
The developer is proposing to install a private small park play area for its residents on the
property, southwest of the building. This does not satisfy the park dedication requirement.
The City Code requires either park dedication of 17 percent of the buildable land area or cash -in -
lieu of land (currently $2,400 per unit). Cash -in -lieu of land would be $108,000 at the current
rates ($2400 x 45 units). The Parks Commission considered accepting cash -in -lieu of land at its
March 20, 2019, meeting and recommended approval to the City Council.
Final Plat
The applicant is requesting approval of a final plat for Frenchman Place Yd Addition. This
project will plat one 1 from Outlot B, Frenchman Place consistent with the preliminary plat.
6. CONCLUSION:
The developer has done a good job with the overall site plan and the general design of the
building. Staff will continue to work with the developer on the required revisions to the plans
and architecture.
Staff finds that the proposal meets all the requirements necessary for the City to approve a site
plan, conditional use permit, and final plat as outlined in the City Code, if the conditions are met
in the attached resolution.
7. STAFF RECOMMENDATION:
Staff recommends approval of the site plan, conditional use permit, final plat applications subject
to the conditions listed in the attached resolution.
8. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission generally liked the plans but had a few questions on the building
height, parking, drainage, and architecture. Most of the same answers above were provided.
The Planning Commission recommended approval of the applications, subject to the conditions
in the resolutions.
The vote was 6 to 1. The nay resulted from a concern that the project did not meet the
character of the area.
Rosemary Apartments Site Plan and CUP
Frenchman Place 4th Addition Final Plat
Page 12
ATTACHMENTS:
1. Location Map
2. Resolution
3. Conditional Use Permit
4. Engineers Memo dated March 22, 2019 and April 11, 2019
5. Developer Narrative
6. Site Plan Submittal Package, including Frenchman Place 4th Addition Final Plat
7. Colored Rendering of Building
' � a 7'�- �7
JL
MIR.
RESOLUTION 2019-
APPROVING A SITE PLAN AND CONDITIONAL USE PERMIT FOR MWF
PROPERTIES FOR AN APARTMENT BUILDING ON THE PROPERTY
LOCATED NORTH OF ROSEMARY WAY AND WEST OF EVERTON
AVENUE NORTH
WHEREAS, MWF Properties, has requested approval of a site plan and conditional use
permit for an apartment building on the property legally described as;
Outlot B, Frenchman Place
WHEREAS, the Planning Commission has reviewed said site plan and conditional use
permit at a duly called a public hearing on March 28, 2019, and recommends approval
subject to the conditions listed in this resolution.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the site
plan and conditional use permit for MWF Properties for an apartment building with the
following findings:
Approval is contingent upon City Council approval of the Final Plat for Frenchman
Place 3rd Addition.
2. All items on the Engineer's memo and "red -line" detailed engineering comments that
have been sent directly to the developer's engineer dated March 22, 2019, shall be
met.
3. The development shall be consistent with the plans submitted on February 15, 2019,
and as amended by this resolution.
4. Prior to the installation of any signs, the developer shall obtain a sign permit.
5. Any areas of the street and sidewalk along Rosemary Way that are disturbed from the
construction access into the site shall be restored to the City's satisfaction.
Prior to the issuance of a building permit:
6. The Final Plat for Frenchman Place 3rd Addition shall be recorded.
7. The landscape plan shall be revised based on staffs comments. The landscape plan
shall be reviewed and approved by staff.
8. The developer shall submit final design cut sheets for the pole and wall mounted light
fixtures to be reviewed and approved by staff.
9. The developer shall revise the grading plan to remove steep slopes and level the grade
around the building.
Resolution 2019-
Page 2
10. The developer shall provide plans showing the height of the building to 35 feet or
apply for approval of a variance.
11. The developer shall provide cut -sheets pole and wall mounted fixtures will need to be
reviewed and approved by staff. Shields shall be added to the lights to reduce glare.
12. The developer shall revise the plans to include two fire hydrant locations. Staff will
continue to work with the application on the final location.
Landscaping
13. Landscaping shall be added to the north side of the building to screen the proposed
condensers.
14. The developer shall provide staff with planting details for landscaping proposed on
the slopes of the property.
15. The developer shall revise the landscape plan to be reviewed and approved by staff.
Architecture
16. The developer shall provide details on the locations and colors of the gutters and
down spouts. The gutter and downspout system shall be integrated into the building
design, including color, and shall be reviewed and approved by staff.
17. Add cast stone to the north side of the building to match the rest of the building.
18. The internal air conditioning unit vents shown on the plans shall match the color of
the adjacent siding, shakes, or stone.
19. Where feasible the window headers/lintels are shown on the Is' floor, should be added
to the 2nd and 3rd floor,
20. The peaked roof sections should be evaluated on whether they could be widened to
create a more balanced design.
21. Cast stone shall be added to the pillars.
22. The developer shall continue to work with staff on the building material colors.
23. The developer shall revise the architecture plans to be reviewed and approved by
staff.
Prior to issuance of a Certificate of Occupancy:
Resolution 2019-
Page 3
24. The developer will be responsible for maintaining stormwater facilities and
vegetation proposed as a part of the project. A maintenance agreement between the
City and the developer shall be reviewed and approved by the City then recorded
against the property prior to the start of grading activities on the site.
25. All roof top and ground mechanical equipment must be screened from view of
adjacent properties. Staff shall review and approve the locations. 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. Staff shall perform an
inspection when equipment is installed to ensure compliance with City code.
26. All required landscaping shall be fully installed.
27. Drainage and utility easements shall be dedicated to the City over the stormwater
management facilities and wetlands
ADOPTED by the City Council this 15th day of April, 2019
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
RESOLUTION 2019-
APPROVING A FINAL PLAT FOR FRENCHMAN PLACE 4TH ADDTION ON
PROPERTY LOCATED NORTH OF FRENCHMAN ROAD (COUNTY ROAD 8)
AND WEST OF EVERTON AVENUE
WHEREAS, MWF Properties has requested approval of a final plat for one lot on the
property legally described as follows:
Outlot B, Frenchman Place
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 for a final plat, subject to the following findings and conditions, and;
1. A Final Plat is approved to create 1 lot in Frenchman Place 4TH Addition, in
accordance with the application and plans received on February 15, 2019, except as
amended by this resolution.
2. The Final Plat shall be subject to the pre plat approvals (Resolutions 2008-17) granted
by the City Council on March 8, 2008, except as amended by this resolution.
3. Approval is contingent upon approval of the wetland mitigation/replacement plan
from the Technical Evaluation Panel (TEP).
4. Compliance with condition 7 of Resolution 2008-17 approving the preliminary plat is
not required for future phases of Frenchman Place. Each new application shall be
evaluated for compliance with City Code and Commercial and Industrial Design
Guidelines in place at the time of site plan review and approval.
5. Prior to the release of the final plat for recording, the developer must comply with the
following conditions:
a. The developer must comply with all conditions outlined in the City Engineer's
memo dated April 11, 2019.
b. The developer shall obtain all necessary local, county, state, and federal permits.
c. All escrows, fees, and charges shall be paid.
6. Prior to the issuance of any building permits and release of any remaining escrow, the
developer must comply with the following conditions:
a. The developer shall file the Final Plat and associated documents at Washington
County. Proof of recording must be provided to the City.
Resolution 2016-6
Page 2
b. The developer shall submit one full set of approved final plans to the City.
ADOPTED by the City Council this 15th day of April 2019.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
CITY OF HUGO
CONDITIONAL USE PERMIT
DATE OF APPROVAL:
OWNER: MWF Properties
7645 Lyndale Avenue South
Minneapolis, MN 55423
ADDRESS FOR WHICH CUP IS GRANTED:
LEGAL DESCRIPTION: Outlot B, Frenchman Place
ZONING DISTRICT: Medium Density Multiple Family Residential (R-5)
THIS CONDITIONAL USE PERMIT ALLOWS FOR THE FOLLOWING:
Apartment
THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO
COMPLIANCE WITH THE FOLLOWING CONDITIONS:
1. The building and all site improvement shall be constructed as shown on the Site plan
attached as Exhibit A.
2. All conditions listed in Resolution 2019- , shall be met, as attached as Exhibit B.
3. The apartment shall have on -site management.
Tom Weidt, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2019, before me, a Notary
Public, personally appeared TOM WEIDT, Mayor 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, mayor, acknowledge said instrument to be the free act and deed of said City of
Hugo.
Notary Public
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2019, before me, a Notary Public within and
for said County, personally appeared , to me known as
the person described in and who executed the foregoing instrument, who stated that they
are the owners of the property this permit applies to, and acknowledged that they
executed the same as their free act and deed.
Notary Public
This document was drafted by: Hugo City Council
14669 Fitzgerald Ave N
Hugo, MN 55038
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April 11, 2019
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Frenchman Place 4th Addition Final Plat Review
WSB Project No. 012467-000
Dear Ms. Juba:
We have reviewed the final plat submittal for Frenchman Place 41h Addition located on the north
side of Rosemary Way. We have reviewed the following information related to this application:
• Frenchman Place 4th (shown 3rd) Addition Final Plat
Based on the review of the documents, we offer the following comments related to this
application:
1. The plat shows existing drainage and utility easements as well as a NSP Transmission
Line Easement.
2. The plan adequately identifies drainage and utility easements over existing wetlands and
proposed stormwater management features identified in the Rosemary Apartments plan.
From an engineering standpoint, the proposed plat meets our requirements.
Thank you for the opportunity to provide comments on this project. If you have any questions,
please do not hesitate to contact me at 651-286-8463.
Sincerely,
WSB
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Liz Finnegan, Senior Engineering Technician (email only)
Chris Stokka, MWF Properties (email only)
David Knaeble, Civil Site Group (email only)
S:\Users\R Juba\Rachel\DEVELOPMENT PROJECTS\Frenchman Place\Lot B, Frenchman 1st Add_Apartments\Engineers Memo Frenchman Place 4th- Final
Plat - 041119.docx
Narrative
Introduction
This application is for a conditional use permit, final plat, and site plan approval of the property
identified by PID: 1903121210013.
Statement of zoning classification
The site is zoned R-5 Medium Density Residential. The proposed development is consisting
with the existing zoning classification.
Background on site
The current use of the property is raw land. The total property consists of 18.15 acres, however
a majority of the site is either wetland or covered by a conservation easement that prohibits
construction. This leaves the total buildable acreage of 4.787 acres acres (excluding any
potential wetland credits).
Proposed project
MWF Properties is looking to pursue the development of a three-story multifamily housing
project that would consist of 45 housing units in a three-story apartment complex with
underground parking. The anticipated unit mix is 6 1-bedroom, 18 2-bedroom, and 21 3-
bedroom units. The number of units is allowable with a conditional use permit that will be
submitted in the fall of this year.
The project will consist of a mixture of surface and underground parking that will equate to 103
stalls, over 2 parking stalls to every residential unit.
In addition to underground parking, on site amenities would include: secure access, in unit
laundry, on site management including a manager's office, a community room, a fitness center,
and an outdoor children's play area.
The project would be rented to working class families ("workforce housing") who earn 60% of
the area median income or less. This equates to $40,000 to $65,000 depending on household
size. Rents will average $725 for a one bedroom, $985 for a 2-bedroom, and $1,200 for a 3-
bedroom.
NOPARKINGCI HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR
REPORT WAS PREPARED UNDER MY DIRECT
SUPERVISION AND THAT I AM A REGISTERED ARCHITECT
UNDER THE LAWS OF THE STATE OF MINNESOTA
NAME: KENT SIMON
DATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
NOPARKINGROSEMARY WAYCI HEREBY CERTIFY THAT THIS PLAN SPECIFICATION OR
REPORT WAS PREPARED UNDER MY DIRECT
SUPERVISION AND THAT I AM A REGISTERED ARCHITECT
UNDER THE LAWS OF THE STATE OF MINNESOTA
NAME: KENT SIMON
DATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
T7xH7xBack ExtensionC I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
C I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ARCHITECTUNDER THE LAWS OF THE STATE OF MINNESOTANAME: KENT SIMONDATE: FEB. 15, 2019 NO. 16390 2019 Miller Hanson Architects
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NOPARKINGMonument
Sign
S4T
S4
S4
WP1
WP1
WP1
WP2
BUILDING MOUNTED SHIELDED/CUTOFF TYPE SECURITY LIGHTING WILL BE PROVIDED AT
EACH ENTRANCE/EGRESS FROM THE BUILDING AS INDICATED BY THE BUILDING FLOOR
PLANS.
SURFACE AND/OR RECESSED MOUNTED SHIELDED/CUTOFF TYPE LIGHTING WILL BE
PROVIDED AT EACH EXTERIOR BUILDING CANOPY AND/OR SOFFIT AS INDICATED BY THE
BUILDING FLOOR PLANS.
ALL SITE/PARKING LOT, BALL COURTS AND SITE SIGNAGE LIGHTING SHALL BE CONTROLLED
VIA MULTI-ZONE PHOTOCELL INITIATED TIMECLOCK SYSTEM (WITH SEPARATE ZONES FOR
PARKING, BALL COURTS & SIGNAGE FUNCTIONS). TIMECLOCK(S) SHALL BE LOCATED
ADJACENT TO THE ELECTRICAL PANEL FROM WHICH LIGHTING IS SERVED, WITH THE
PHOTOCELL LOCATED IN THE FIELD AS REQUIRED BY FIELD CONDITIONS.
ALL LIGHTING AND POWER CONDUCTORS SHALL BE INSTALLED BETWEEN 24" (MINIMUM) AND
36" (MAXIMUM) BELOW FINISHED GRADE.
ALL COMMUNICATIONS CONDUIT AND CABLES SHALL BE INSTALLED 36" (MINIMUM) BELOW
FINISHED GRADE.
ALL CONDUCTORS FOR POWER CIRCUITS SHALL BE #10 AWG (MINIMUM), UNLESS INDICATED
OTHERWISE.
ALL CONDUCTORS FOR EXTERIOR SITE LIGHTING CIRCUITS SHALL BE #6 AWG (MINIMUM),
UNLESS INDICATED OTHERWISE.
HANDHOLES SHALL BE PROVIDED AT THE BASE OF ALL LIGHTING STANDARD ASSEMBLIES -
TAP LIGHTING BRANCH CIRCUIT AT BASE, PROVIDE FUSES AT TAP, AND PROVIDE BRANCH
CIRCUIT WIRING FROM BASE TO LIGHTING FIXTURES.
A.
B.
C.
D.
E.
F.
G.
H.
GENERAL NOTES
C 2019 Miller Hanson Architects
ISSUE & REVISION
COMM #1809
ISSUE & REVISION
CIVIL ENGINEER:ROSEMARY APARTMENTSHUGO, MNCIVIL SITE GROUP4931 W. 35th St.Suite 200St. Louis Park, MN 55416Tel: 922.250.2003MWF PROPERTIES7645 Lyndale Ave. S.Minneapolis, MN 55423Tel: 612-243-4637STRUCTURAL ENGINEER:MEP ENGINEERS:I HEREBY CERTIFY THAT THIS PLAN SPECIFICATION ORREPORT WAS PREPARED UNDER MY DIRECTSUPERVISION AND THAT I AM A REGISTERED ENGINEERUNDER THE LAWS OF THE STATE OF MINNESOTANAME:DATE:FEB. 15, 2019 NO.LANDSCAPE ARCHITECT:PROGRESS SET: 11/26/18
DEVELOPER:218 Washington Avenue NorthSuite 230Minneapolis, Minnesota 55401612-332-5420www.millerhanson.comStructural Serviceand Design1125 Riverwood Dr. SWOronoco, MN 55960Tel: 507.367.2653Cain Thomas Associates, Inc.4215 White Bear PkwySuite 100St. Paul, MN 55110Tel: 651.426.9549CIVIL SITE GROUP4931 W. 35th St.Suite 200St. Louis Park, MN 55416Tel: 922.250.2003CITY SUBMISSION: 2/15/19
E101
SITE PLAN -
PHOTOMETRIC PLAN
1" = 20'-0"1 SITE PLAN - PHOTOMETRIC PLAN
SITE LIGHTING FIXTURE SCHEDULE
Mark Description Lens Louver Mounting Lamp Watts Manufacturer Catalog Number
S4 SINGLE HEAD POLE LIGHT ASSEMBLY, TYPE 4 DISTRIBUTION,
WITH INTEGRAL OCCUPANCY SENSOR TO REDUCE LIGHTING TO
30%.
FLAT CLEAR
TEMPERED
GLASS
20' SQUARE
STRAIGHT STEEL
POLE
LED 28303lm 261 W RAB LIGHTING ALED4T260N/D10
S4T TWIN HEAD POLE LIGHT ASSEMBLY, TYPE 4 DISTRIBUTION, WITH
INTEGRAL OCCUPANCY SENSOR TO REDUCE LIGHTING TO 30%.
FLAT CLEAR
TEMPERED
GLASS
20' SQUARE
STRAIGHT STEEL
POLE
LED 28303lm 522 W RAB LIGHTING ALED4T260N/D10
WP1 EXTERIOR WALL PACK CLEAR
TEMPERED
GLASS
WALL LED 2500lm 21 W RAB LIGHTING WPLED18N
WP2 EXTERIOR WALL PACK CLEAR
TEMPERED
GLASS
WALL LED 3500lm 30 W RAB LIGHTING WPLED26N
NOT TO SCALE2LIGHTING TYPE S4 & S4T
NOT TO SCALE3LIGHTING TYPE WP1 & WP2
Drainage & Utility Easementper Doc. No. 3519170NSP TransmissionLine Easement perDoc. No. 3537561NSP Transmission Line Easement perDoc. No. 3537562S52°52
'46
"W
173
.79S53°11
'37
"W
164
.86
167.14 N87°30'30"W 1196.83N
3
0
°
1
4
'
5
8
"
E
1
4
6
.
7
9N89°58'54"W 251.28N00°00'00"W 337.21
N53°36'35"W 144.83N67°07'19"E 147.05
N00°01'20"E 335.79N85°09'52"W 262.43C=195.70CB=N68°55'48"WR=350.00Δ=32°28'08"198.34308.23Δ=37°34'31"R=470.00C=164.18CB=N55°35'12"WR=590.00Δ=15°59'43"164.71N00°27'16"E 688.30S89°32'44"E80.00S0°27'16"W93.4846.41 North Line Outlot B,FRENCHMAN PLACE 1ST ADDITIONFound Iron PipeLS #23021Found Iron PipeLS #23021Found Iron PipeLS #23021Found Iron PipeLS #23021Edge of Wet LandEdge of Wet LandEdge of Wet LandEdge of Wet Land(Plat =15°59'26")BLOCK 1LOT 1Edge of Wet LandNot TangentNot Tangent92.92Δ=9°01'24"107.92Δ=13°09'23"146.98Δ=24°03'30"44.62Δ=7°18'06"161.06 N08°53'39"W65.20N36°02'25"W 87.42N12°55'58"W52.40N22°24'00"E21.97N02°45'35"W 153.72 N10°45'36"E42.21N28°40'31"W 112.00N88°37'41"E 160.41S14°55'03"E 131.92S32°39'35"W17.13S47°57'02"E11.17 S71°44'58"E61.38S33°20'45"E84.9354.04S65°57'03"ES86°06'15"E43.77N76°33'19"E30.9447.10S70°38'04"EN20
°
3
4
'
1
3
"
E
43.
3
6
S49°36'10"E
44.69
50.98S74°44'36"ES10°30'22"W36.40S73°46'34"W46.66S51°46
'29
"W
120
.10S42°15'10"W30.43N82°24'56"W46.13S58°36'13"W27.9659.67N81°48'40"WS43°09'44"W50.51S58°38'31"W77.43S24°49'26"W28.12Drainage & Utility Easement Drainage & Utility EasementDrainage & Utility Easement156.86Δ=19°07'21"641.88 Found 1/2 InchOpen Iron PipeCorner Falls in WaterNo Monument Found or SetFound Iron PipeLS #23021FRENCHMAN PLACE 3RD ADDITIONNOrientation of this bearing system is based on thenorth line of Outlot B, FRENCHMAN PLACE 1ST ADDITIONwhich is assumed to bear N87°30'30"WDenotes Found Iron Monument, Marked as ShownDenotes 1/2 inch by 14 inch Rebar Set Marked "RLS 54764"120306003060SCALE IN FEETKNOW ALL PERSONS BY THESE PRESENTS: That Rosemary Apartments, Limited Partnership, a Minnesota limitedpartnership, fee owner of the following described property situated in the County of Washington, State of Minnesota, towit:Outlot B, FRENCHMAN PLACE 1ST ADDITIONHave caused the same to be surveyed and platted as FRENCHMAN PLACE 3RD ADDITION and do hereby dedicate to thepublic for public use forever the easements as created by this plat for drainage and utility purposes only.In witness whereof said Rosemary Apartments, Limited Partnership, a Minnesota limited partnership, has caused thesepresents to be signed by its proper officer thisday of , 20___.ROSEMARY APARTMENTS, LIMITED PARTNERSHIPBy: Hugo Group LLC, a Minnesota limited liability company, its General Partner Christopher J. Stokka, Chief ManagerSTATE OF MINNESOTA,COUNTY OFThe foregoing instrument was acknowledged before me this day of , 20___,by Christopher J. Stokka, Chief Manager of Hugo Group LLC, a Minnesota limited liability company, General Partner ofRosemary Apartments, Limited Partnership, a Minnesota limited partnership, on behalf of said limited partnership. Notary Printed Name Notary Public, County, Minnesota My Commission Expires: SURVEYORS CERTIFICATEI Cody E. Johnson do hereby certify that this plat was prepared by me or under my direct supervision; that I am a dulyLicensed Land Surveyor in the State of Minnesota; that this plat is a correct representation of the boundary survey; thatall mathematical data and labels are correctly designated on the plat; that all monuments depicted on the plat have beenor will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes, Section505.01, Subd. 3, existing as of the date of this certification are shown and labeled on this plat; and all public ways areshown and labeled on this plat.Dated this day of , 20___.Cody E. Johnson, Licensed Land SurveyorMinnesota License No. 54764STATE OF MINNESOTA,COUNTY OF The foregoing instrument was acknowledged before me this day of , 20___,by Cody E. Johnson, Licensed Land Surveyor. Notary Printed Name Notary Public, County, Minnesota My Commission Expires: CITY OF HUGO CITY COUNCILThis plat of FRENCHMAN PLACE 3RD ADDITION was approved and accepted by the City Council of Hugo, Minnesota thisday of , 201___, and hereby certifies compliance with all requirements as set forth inMinnesota Statutes, Section 505.03, Subdivision 2.CITY OF HUGOBy By MayorClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021,Subdivision 11, this plat has been reviewed and approved this day of , 20___.By By Washington County SurveyorWASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subdivision 9 and Section 272.12, taxes payable in the year _______on real estate hereinbefore described, have been paid; and there are no delinquent taxes, and transfer has been enteredon this day of , 20___.By By Washington County Auditor/Treasurer DeputyWASHINGTON COUNTY RECORDERDocument NumberI hereby certify that this instrument was recorded in the Office of the County Recorder for record on thisday of , 20___, at o'clock .M. and was duly recorded in Washington CountyRecords.By By Washington County Recorder Deputy (NOT TO SCALE)VICINITY MAPNSECTION 19, TOWNSHIP 31, RANGE 21CITY OF HUGO - WASHINGTON COUNTY, MINNESOTASCALE: 1 INCH = 60 FEETDenotes a record dimension per plat of (Plat=)FRENCHMAN PLACE 1ST ADDITION
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You Are Invited!
Join us as we celebrate the businesses of the
Bald Eagle Industrial Rail Park
Wednesday, April 17th 110:00 am
JL Schwieters I 13676 Fenway Blvd N I Hugo
SCHW[ETERS
BUILDING SUPPLY
CONSTRUCTION, INC.
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CITY C7F Washington
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-1WGRegToday'-County
EST. 1906
�-�- WHITE BEAR AREA - - _A
-'-���•1� _ :rag CHAMBER OF CQMM�RCE _
The Post Restaurant & catering
As well as the American Legion Hugo 620
Cordially invites you to a Private VIP Open house
to help us Celebrate our New Restaurant.
The Event will take place on April23 from 5-7 pm
at 5383140th St N, Hugo MN 55038
Please RSVP to 651-255-1432
2019 Metro Cities
Annual Meeting
11,1,�
4
5:30 pm - Social Hour with Light Hors d'oeuvres & Cash
6:30 pm - Guest Speakers
7:00 pm - Metro Cities Business Meeting (Board Elections
Guest Speakers
Briana Bierschbach, Political Reporter, MPR Mews
L 3
Briana Bierschbach is a veteran political reporter who c- ers state politics and campaigns with
Minnesota Public Radio and has previously worked for the Associated Press, Politics in Minnesota,
and MinnPost. Ms. Bierschbach was named a top M;(hnesota political iniirnalitt kv rka Wnchinetnn
Post and was the Society of Professional JouVpst_,' 2015 Young
Journalist of the Year. She also teaches a cod''e ire: state governing
at the University of Minnesota's Humphrey School of Public
Affai rs
Peter Callaghan, Political Reporter, MinnPost
Peter Callaghan is an experienced political journalist who covers
state government fo,."MinnPost. Mr. Callaghan previously covered
public policy and politics at newspapers in Washington state as
well as the Associated Press in Idaho. Mr. Callaghan has also worked at the News Tribune in Tacoma,
where "'was at various times a political reporter, State house reporter, editorial page columnist, and
local columnist
The Nominating Committee recommends
the following individuals for election to the
Metro Cities Board of Directors:
For President:
Mark McNeill, Administrator, Mendota Heights
For Vice President:
Myron Bailey, Mayor, Cottage Grove
For Re -Election:
Marc Carrier, Councilmember,Waconia
Melanie Mesko Lee, Manager, Burnsville
William Reynolds, Administrator, Shakopee
ForVacancies:
Daniel Buchholtz,Administrator, Spring Lake Park
Jan Jenson, Councilmember, St. Anthony Village
Jay Stroebel, Manager, Brooklyn Park
METRO
CITIE
L.5
Blue Wetlards & Ranting for
Tti�� CleM Water Wa'kshops .,oAla!t7tt�Metroo
PLANTING FOR CLEAN WATER'
Register today for one of our FREE upcoming workshops!
Learn how to add beauty to your yard with native plants, raingardens, and other landscaping features
that protect water and provide habitat for birds and pollinators. Connect with resources including:
Incentive grants • Free site visits • Garden designs • Plant lists • Conservation plans for larger properties
• Thursday, April 4, 6-7:30pm: Wyoming Area Library
Register: tinyurl.com1wy&arden2019
• Thursday, April 11, 6-7:30pm: Cottage Grove City Hall
Register: tinyurl.comlcggarden2019
During our "Wonderful Wetlands" workshops, we will talk about "Planting for Clean Water" as well as
what makes wetlands special. Learn about unique plants and animals that are found in wetlands, invasive
species, and rules that affect what landowners can and cant do with wetlands on their properties.
Register: tinvurl.comlwetgarden2019
• Thursday, April 25, 6-7:30pm: Hugo City Hall
•'Thursday, May 23, 6-7:30pm: Oakdale Discovery Center*
• Thursday, June 6, 6-7:30pm: Sally Manzara Nature Center, Lake Elmo*
*Workshops in Oakdale and Lake Elmo will include a short walk outdoors to nearby wetlands.
For more info on any of our workshops, contact:
Angie Hong, 651-330-8220 x. 35 1 angie.hong@mnwcd.org
V_ Loca" in 2019
Thu, May 16, 6-7:30pm: Family Hike at Schuneman Marsh Wildlife Preserve (6307 117th St N, Grant)
e Explore this lesser -known destination with WCD staff and volunteers from the Izaak Walton League.
We'll search for birds and wildlife and identify plants you might find in your neighborhood wetlands.
Thu., May 30th, 6 - 7:30pm: Family Hike at Tamarack Nature Preserve (1825 Tower Dr, Woodbury)
■ Join us in exploring the southern -most tamarack swamp in Minnesota along a floating boardwalk
loop. We'll look for flowers in bloom and talk about what makes this wetland unique. Park along the
road and meet near the blue pop-up tent.
Sat., June 1, 11am-4pm: WaterFest (Lake Phalen Park - St. Paul)
• Come to this free family festival to enjoy fishing, paddling, games, boating, arts and crafts, live
animals, exhibits, a native plant giveaway, climbing on a street sweeper, music and dance, and delicious
food trucks. More info at www rwmwd.org/waterfest
Wed., July 31- Sun, Aug. 4: Washington County Fair (12300 40th St N, Stillwater)
s Stop by to visit us in Building A, across from the milk shakes!
Multiple dates: Water Critters
Wed., June 26, 6:30-7:30pm: Edgewater Park - Colby Lake (3100 Edgewater Dr, Woodbury)
Wed., July 10, 6-7pm: The Lakes in Stillwater - Long Lake (107 Bridgewater Way, Stillwater)
Wed., July 17, 6:30-7:30pm: Highlands Park (6975 Idsen Ave S, Cottage Grove)
& Get your hands wet as we look for frogs, bugs, and other critters that live in Colby Lake, Long Lake,
and the ponds of Highlands Park. Learn what these animals teach us about water quality & what you
can do to protect your neighborhood lakes and wetlands.
Sun., May 19,1lam-3pm: Master Gardeners Plant Sale (Fairgrounds: 12300 40th St N, Stillwater)
• Shop from a variety of plants including native plants, pollinator plants, plants for shade and sun, and
vegetables. There will also be a Diagnostic Clinic from loam-lpm where you can get expert advice on
plant and gardening problems.
Sat., June 8, 9am-lpm: Landscape Revival Native Plant Expo & Market (Oakdale CityHall:1584HadleyAveN)
r Shop for native plants from six local growers. All plants are pollinator -safe and grown without
systemic pesticides. Connect with local conservation groups including: Humming for Bees, Master
Gardeners - Monarchs & Milkweed, Neighborhood Greening, Pollinator Friendly Alliance, St. Paul
Audubon Society, Washington Conservation District, and Wild Ones - Oak Savanna Chapter.
Sat., July 20, 9am-4pm: Learn and Grow with Us Garden Tour (Lake Elmo area)
• Join Master Gardeners of Washington County for a tour of seven exquisite gardens in the Lake Elmo
area! Learn about: Growing Vegetables, Composting, Lawn Care, Tree Pruning, Prairie Restoration,
Planting for Pollinators, Container Gardening, and more! $15 pre -tour, $20 day -of. Purchase tickets
beginning March 15. Details at www.mastergardenersinwashingtonco.org.
Have a raingarden or native garden?
Download our new maintenance calendar to your phone!
Visit www.mnwcd.org/maintenance-guide
We are hosting the very first Hugo Fire Department
Waffle Breakfast Saturday May 18th at 830-113oAM.
Adults will be $ 8 and kids under 12 will be $ 5.
It is all you can eat waffles with sausage and orange juice
until they run out.
The Fire Station will be available to tour and there will be
a Moon Bounce inside for kids!
If you have any questions please contact:
Captain Ross Hoernemann 651-785-3417
April 2019 April 2019 May 2019
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
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7:00pm City Council
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Dinner (Hugo Legion)
6:00pm East Metro
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-Workshop
6:30pm BOZA
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Annual Meeting
Como Zoo
7:00pm Planning
Commisison
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Meeting in green are posted/scheduled meetings. 1 4/11/2019 11:36 AM
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
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8:00am FD Live Burn
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Memorial Da
Meeting in green are posted/scheduled meetings. 2 4/11/2019 11:36 AM