Loading...
HomeMy WebLinkAbout2020.09.08 CC PacketMeeting will be held remotely pursuant to MN Statute Sec. 13D.021. Anyone who wishes to speak at the meeting is strongly encouraged to make arrangements by 4:30 p.m. on the meeting day by contacting City Clerk Michele Lindau at 651-762-6315.For more information on the remote meeting and participation, go to https://www.ci.hugo.mn.us/participate. Meeting ID # 883 6007 4505 A.CALL TO ORDER B.ROLL CALL C.PLEDGE OF ALLEGIANCE D.APPROVAL OF MINUTES 1. August 17, 2020, Council Meeting E.APPROVAL OF THE AGENDA F.APPOINTMENTS/PRESENTATIONS 1.Update on COVID-19 City Response, COVID Budget, and Business Grant Program G.CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1.Approve Claims Roster 2.Approve Change Order No. 2 and Pay Voucher No. 7 for 130th Street Improvement Project 3.Approve Joel Hoistad as New Building Official 4.Approve Pay Voucher No. 5 for Water Edge Stormwater Reuse Project 5.Approval of Hugo Gardens Assessment Agreement for Sewer & Water Trunk Fees 6.Approve Special Event Permit for Hugo Legion Tent Sales/Oktoberfest Celebration 7.Approve “Adelaide Landing Park” as the Name of the New Park in Adelaide Landing 8.Approve Reduction in Letter of Credit for Adelaide Landing 5th Addition Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL TUESDAY, SEPTEMBER 8, 2020 – 7 P.M. H. UNFINISHED BUSINESS 1. Approve Resolutions Declaring Costs to be Assessed and Setting Public Hearing for the Goodview Avenue Improvement Project 2. Approve RFP for Architectural Services for Lions Park I. NEW BUSINESS 1. Resolution Providing for the Sale of $8,000,000 G.O. Capital Improvement Plan Bonds 2. Consider Approval of Residential Picketing Ordinance J. VISITOR PRESENTATIONS 1. None Scheduled K. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Update L. ADMINISTRATIVE PRESENTATIONS 1. Midyear Budget Workshop on Tuesday, September 15, 2020 2. Schedule Groundbreaking Ceremony for New Public Works Building 3. Set Date for the Grand Opening of the Future Park in Adelaide Landing M. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING TUESDAY, SEPTEMBER 8, 2020 D.1 August 17, 2020, Council Meeting Staff recommends Council approve the above meeting minutes as presented. F.1 Update on COVID-19 City Response, COVID Budget, and Business Grant Program City Administrator Bryan Bear will provide and update on COVID-10 and request Council discuss and approve the COVID Budget Resolution and the Business Grant Program as prepared by staff. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Change Order No. 2 and Pay Voucher No. 7 for 130th Street Improvement Project The City has received Pay Voucher No. 7 from Dresel Contracting for work done on the 130th Street Improvement Project. Staff has reviewed the pay request and finds it acceptable for the work certified through August 31, 2020. Staff recommends Council approve payment in the amount of $162,460.35 and Change Order No.2 related to the plant testing of the bituminous resulting in a pay factor reduction of 20%. G.3 Approve Joel Hoistad as New Building Official In 2019, the City Council approved the advertisement for a new Building Official to replace Chuck Preisler when we retires in November. Recently, staff interviewed seven applicants for the position and selected Joel Hoistad to fill the position. This position will be slotted at Pay Grade 8, Step 2, in the 2020 salary matrix. Staff recommends Council approve the hiring of Joel Hoistad as the new Building Official with a start date of September 14, 2020. G.4 Approve Pay Voucher No. 5 for Water Edge Stormwater Reuse Project Peterson Companies, Inc. has submitted Pay Voucher No. 5 for work done on the Water’s Edge Stormwater Reuse-Phase 2 Project. Staff has reviewed the pay voucher and finds it acceptable for work certified through August 31, 2020. Staff recommends Council approve Pay Voucher No. 5 to Peterson Companies, Inc. in the amount of $6,239.66. G.5 Approval of Hugo Gardens Assessment Agreement for Sewer & Water Trunk Fees At its August 17, 2020, the City Council approved the final plat and development agreement for the Hugo Gardens development. The approval included the assessments for the water and sewer trunk fees required for development by the City. Staff has included a draft of the assessment agreement and terms in the packet. Staff recommend approval of the resolution adopting the special assessment for Hugo Gardens, subject to review and approval by the City Attorney. G.6 Approve Special Event Permit for Hugo Legion Tent Sales/Oktoberfest Celebration The Hugo American Legion has applied for a Special Event Permit to hold a craft show and Oktoberfest on Saturday, October 3, 2020. A Special Event Permit approved by Council is necessary because alcohol will be sold outdoors, there may be more than 200 people in attendance throughout the day, it will extend after dark, and there will be amplified music. Attendance will be spread out during the day from 9 a.m. to 9 p.m. The event will consist of vendors outside in the parking lot area and inside the building. There will also be a D.J and a beanbag tournament. Staff has worked with the applicant on amending their COVID Preparedness Plan for the event. Staff recommends Council approve the Special Event Permit for the Hugo American Legion to hold tent sales and an Oktoberfest celebration on Saturday, October 3, 2020, subject to conditions. G.7 Approve “Adelaide Landing Park” as the Name of the New Park in Adelaide Landing   At their meeting of August 19, 2020, the Parks Commission recommended that the new park in Adelaide Landing be named “Adelaide Landing Park”. Residents shared their ideas for the future park name. The City of Hugo has a Park Naming Policy and “Adelaide Landing Park” is in keeping with the policy. The new park is under construction and will be open at the end of September. G.8 Approve Reduction in Letter of Credit for Adelaide Landing 5th Addition Adelaide Landing 5th Addition has had significant work completed to date and The Excelsior Group is requesting a reduction in the letter of credit. The current letter of credit for the 5th Addition is in the amount of $2,192,740. Staff has inspected the work completed to date and recommends Council approve the reduction in the letter of credit to $507,633.44 based on the value of work remaining to be completed. H.1 Approve Resolutions Declaring Costs to be Assessed and Setting Public Hearing for the Goodview Avenue Improvement Project At its February 3, 2020 meeting, Council held a public hearing on the Goodview Avenue Improvement Project. Council ordered the Improvements and authorized the preparation of plans and specifications for the project. Bids were opened May 21, 2020, and the project was awarded to T.A. Schifsky and Sons, Inc. on June 1, 2020. Improvements will be substantially complete by the end of September and staff is recommending that the Council move forward with the assessment process for the project. Staff recommends Council adopt two resolutions included in the Council packet: Declaring the Costs to be Assessed and Ordering Preparation of the Assessment Roll, and Setting the Assessment Hearing for October 5, 2020. H.2 Approve RFP for Architectural Services for Lions Park   A joint workshop was held with the City Council and Parks Commission on June 29, 2020, to discuss the feasibility and funding of the Lions Park Master Plan. The City Council adopted the Master Plan and Feasibility Study at their July 20, 2020 meeting. At the Parks Commission meeting of August 19, 2020, next steps were discussed. This included holding a community meeting and having stakeholder groups design the pavilion and shelter. Staff recommends approval of a request for proposals for an Architect to design the park pavilion at Lions Park. I.1 Resolution Providing for the Sale of $8,000,000 G.O. Capital Improvement Plan Bonds On August 17, 2020, the City Council awarded a contract for construction and site work for a new public works facility. The total bid, including six alternates, amounted to $9,253,560. It has been the City’s intention to issue bonds to finance the majority of the construction costs, with the balance coming from the water and sewer utility fund. After conferring with the city’s financial advisors, staff is recommending the issuance of capital improvement plan bonds in the principal amount of $8 million. Finance Director Ron Otkin will give a brief presentation. After discussion staff recommends adoption of a Resolution Providing for the Sale of $8 million G.O. Capital Improvement Plan bonds. I.2 Consider Approval of Residential Picketing Ordinance Following recent protest activity that has occurred within residential neighborhoods in the City of Hugo, the city staff has been collecting feedback about the protests, including the direct impact of the protests on residents. City staff, along with the Washington County Sheriff’s Office has also been evaluating the appropriate level of response required when protests occur. Staff will provide council with a recap of the protests, along with a summary of feedback that has been collected. Staff would like to discuss with council the City’s primary objectives surrounding protests, along with ideas about how to properly manage their impacts, while balancing first amendment rights. Finally, staff will present a draft “residential picketing ordinance” that would prohibit protests targeted at any residence. K.1 Yellow Ribbon Network Report Council Member Chuck Haas and Council Member Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. L.1 Midyear Budget Workshop on Tuesday, September 15, 2020 Staff would like to remind Council a midyear budget workshop has been scheduled for Tuesday, September 15, 2020. This meeting will be held virtually. L.2 Schedule Groundbreaking Ceremony for New Public Works Building Staff recommends Council select a date on which to hold the groundbreaking ceremony for the new Public Works building. L.3 Set Date for the Grand Opening of the Future Park in Adelaide Landing Construction of the future park in Adelaide Landing is anticipated to be complete at the end of September. Staff recommends that Council schedule a grand opening for October 6, 7, or 8, or before the regular Council meeting on October 5th. Residents will be invited and all who attend will be asked to social distance.     M. Adjournment  Meeting held remotely pursuant to MN Statute Sec. 13D.021. ZOOM Meeting ID # 854 2763 2453 Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT REMOTELY: Haas, Klein, Miron, Petryk, Weidt COUNCIL ABSENT: None OTHERS PRESENT REMOTELY: City Attorney Dave Snyder, City Engineer Mark Erichson, Finance Director Ron Otkin, Public Works Director Scott Anderson PRESENT AT CITY HALL: City Administrator Bryan Bear, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the August 3, 2020 City Council Meeting Klein made motion, Haas seconded, to approve the minutes for the City Council meeting held on August 3, 2020, as presented. Roll call vote – all ayes. Motion carried. Approval of Agenda Weidt made motion, Haas seconded, to approve the agenda as presented. Roll call vote – all ayes. Motion carried. Carnelian-Marine-St. Croix Update – Administrator Mike Isensee City Administrator Bryan Bear introduced Carnelian-Marine-St. Croix Watershed District Administrator Mike Isensee. Bear reminded Council that months ago they had met Isensee, and he was in attendance this evening to provide an update concerning activities and budget. Isensee stated they were in the beginning stages of their ten-year watershed management plan, and he provided an overview of what the district had accomplished. He also shared a summary of the initial work they were conducting with residents of the district and other organizations within the district over a five month period to find out what the concerns and priorities should be over the next decade. He stated there were some interesting changes, and he provided information gathered from a survey of 340 property owners and meetings held with others. Most information came from surveys Top concerns were invasive species, terrestrial and aquatic. There were concerns over the complete devastation of lakes and loss of lake recreation and property values. Pollutants were also a concern, and there was a rising concern over water quality, specifically with wells and septics. The district would be working collaboratively with the County on ways to provide better Minutes HUGO CITY COUNCIL MEETING REMOTE MEETING MONDAY, AUGUST 17, 2020 – 7 P.M. Hugo City Council Meeting Minutes for August 17, 2020 Page 2 of 8 information to residents on those topics. Another concern was high water elevations and flooding. Direction they received from residents was to protect water quality and re-shift strategies to better work on aquatic invasive species and continue ensuring lakes, rivers and streams were clean. For the first time, the top priority of the watershed district would be enforcement to protect water quality and shore land development. The district was putting together a panel that included other watershed districts, the Conservation District that is in charge of enforcing the Conservation Act, and other stakeholders to see where the gaps were and what could be done together to better address these gaps and enforce the rules. Haas appreciated they reached out to residents to get information on was important to them. Update on COVID-19 City Response and Approve Resolution Approving Grant Agreement for Election Expenses City Administrator Bryan Bear provided an update on the City’s response to the COVID pandemic and requested approval of a resolution approving a grant agreement with Washington County for election expenses. Bear stated the City remained under the State of Emergency, and he talked about the recent executive orders requiring the wearing of masks and the reopening of schools. Meetings continued to be conducted virtually, and he informed members of the public how they could participate. He talked about changes that needed to be made to the audio visual equipment to conduct hybrid meetings. He talked about the CARES Act Federal Funding that was discussed at the Council’s last meeting. As a result, the EDA would be discussing business grants at their meeting on August 8, 2020, and Council would need to make a decision on September 8. Staff was moving forward with AV upgrades and heating and cooling system improvements. He talked about the CARES Act Election Grant that was also providing funds though the Secretary of State’s Office to respond to the pandemic for the 2020 election. The County was applying for a block grant to distribute those funds to local municipalities. The City of Hugo’s share of the grant money was $6,129.66 to be used for personal protection equipment, sanitizing supplies, additional election judges, and implementation of social distancing requirements. The City was required to provide a 20% match, and that could come from the City’s CARES Funds. Unused funds would to be returned to Washington County for cost related to absentee ballots. He requested the Council approve a resolution approving the grant agreement with the county to cover expenses for cost related to the elections. Miron made motion, Klein seconded, to approve RESOLUTION 2020-37 APPROVING GRANT AGREEMENT WITH WASHINGTON COUNTY TO RECOVER ADDED EXPENSES INCURRED WITH THE 2020 ELECTION PROCESS DUE TO THE COVID-19 PANDEMIC. Roll call vote – all ayes. Motion carried. Hugo City Council Meeting Minutes for August 17, 2020 Page 3 of 8 Consent Agenda Klein made motion, Miron seconded, to approve the following consent agenda: 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Worker Matt Klein 3. Approve Promotion of Tim Olson, William Lusk, and Jake Jorgenson to Firefighter Status 4. Approve Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project 5. Approve Resolution for Variance Request from the Shoreland Overlay District Setback Requirements at 6930 170th St. N. 6. Approve Resolution for Variance Request from the Shoreland Overlay District setback Requirements at 6900 170th Street North. 7. Approve CUP Amendment for Boat Rental at 4444 129th St. N. 8. Approve resolutions for Victor Land Holdings, LLC, for Preliminary Plat, Final Roll call vote – all ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Public Works Worker Matt Klein Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Matt Klein. Approve Promotion of Tim Olson, William Lusk, and Jake Jorgenson to Firefighter Status Tim Olson, William Lusk, and Jake Jorgenson had completed all of the necessary probationary training and requirements to be promoted to Firefighter. Adoption of the Consent Agenda approved the promotion of Tim, William, and Jake effective August 1, 2020. Approve Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project CB&I, LLC, had submitted Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project for work certified through July 31, 2020. Adoption of the Consent Agenda approved Pay Voucher No. 12 in the amount of $175,218.00. Approve Resolution for Variance Request from the Shoreland Overlay District Setback Requirements at 6930 170th St. N. Lori Schuman had applied for a variance from the Shoreland Overlay District setback requirements for a detached deck at 6930 170th Street North. The request was to allow the deck Hugo City Council Meeting Minutes for August 17, 2020 Page 4 of 8 to be setback 90 feet from the ordinary high water mark of Horseshoe Lake where 200 feet was required by ordinance. The Board of Zoning reviewed the request at a public hearing held at their meeting on August 13, 2020 and unanimously recommended approval. Adoption of the Consent Agenda approved RESOLUTION 2020-38 APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR A DETACHED DECK LOCATED WITHIN THE SHORELAND OVERLAY DISTRICT FOR LORI SCHUMAN AT 6930 170TH STREET NORTH. Approve resolution for variance request from the Shoreland Overlay District setback requirements at 6900 170th St. N. Pamela Oman had applied for a variance from the Shoreland Overlay District setback requirements for a proposed accessory building at 6900 170th Street North. The request was to allow the accessory building to be setback 120 feet from the ordinary high water mark of Horseshoe Lake where 200 feet was required by ordinance. The Board of Zoning reviewed the request at a public hearing held at their meeting on August 13, 2020 and unanimously recommended approval. Adoption of the Consent Agenda approved RESOLUTION 2020-39 APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR AN ACCESSORY BUILDING LOCATED WITHIN THE SHORELAND OVERLAY DISTRICT FOR PAMELA OMAN AT 6900 170TH STREET NORTH. Approve CUP Amendment for Boat Rental at 4444 129th Street Katherine and Benjamin Robinson had requested approval of a Conditional Use Permit (CUP) amendment to continue the business of a boat rental known as Bald Eagle Boat Rental with associated retail sales of bait, snacks, and non-alcoholic beverages. The boat rental use had been on the property for decades with a few different owners. Most recently there was a Special Use Permit approved for the site in 1993 outlining the conditions it operated under. The applicant had a contract with the existing owner Marty Weber to purchase the property and run the business. They were asking to clean up and revise the existing permit to remove conditions that were no longer applicable and to add a different mix of watercraft they were proposing to rent. Staff had recommended Council approve the CUP amendment, subject to the conditions listed in the resolution. The Planning Commission considered the application at their August 17, 2020 meeting and unanimously recommended approval to the Council. Adoption of the Consent Agenda approved RESOLUTION 2020-40 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR KATHERINE AND BENJAMIN ROBINSON TO CONTINUE TO ALLOW THE BOAT RENTAL BUSINESS ON THE PROPERTY LOCATED AT 4444 129TH STREET NORTH. Approve resolutions for Victor Land Holdings, LLC, for Preliminary Plat, Final Plat/Development Agreement, Easement Vacation, CUP Amendment, and Site Plan Victor Land Holdings, LLC, had requested approval of a preliminary plat, final plat, easement vacation, CUP amendment, and Site Plan on property located at 13676 Fenway Blvd. N. The plats included 2 lots and 1 outlot. The easement vacation was for the relocation of utilities. The CUP amendment was for revisions to the campus development, which allowed more than one building on the property. The site plan was for a 27,100 square foot office/warehouse building. Hugo City Council Meeting Minutes for August 17, 2020 Page 5 of 8 In 2018, the City Council approved a CUP for a campus development that approved the location and use of four proposed buildings on the site. The general location of the buildings remained the same with this request. The Planning Commission considered the application at their meeting on Thursday, August 13, 2020, and unanimously recommended approval to the Council. Adoption of the Consent Agenda approved RESOLUTION 2020-41 APPROVING A PRELIMINARY PLAT FOR VICTOR LAND HOLDINGS, LLC, FOR “ROY MOLITOR 4th ADDITION” LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH, and RESOLUTION 2020-42 APPROVING A FINAL PLAT FOR VICTOR LAND HOLDINGS, LLC, FOR “ROY MOLITOR 4th ADDITION” LOCATED SOUTH OF 140TH STREET AND WEST OF FENWAY BOULEVARD NORTH, and RESOLUTION 2020-43 APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR VICTOR LAND HOLDINGS, LLC, TO ALLOW A CAMPUS DEVELOPMENT ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH, and RESOLUTION 2020-44 APPROVING A SITE PLAN FOR VICTOR LAND HOLDINGS, LLC, FOR AN OFFICE/WAREOUSE BUILDING ON THE PROPERTY LOCATED AT THE SOUTHWEST CONER OF 140TH STREET NORTH AND FENWAY AVENUE NORTH. Water Tower Update This was not on the agenda; however, the Mayor asked for a quick update on the new water tower. City Engineer Mark Erichson explained that construction on the water tower was progressing, and it is expected to be operational by mid-October. They were in the process of painting the tower. Public Hearing on Drainage and Utility Easement Vacation for Hugo Gardens Apartments Community Development Director Rachel Juba presented information on the request from Hugo Garden Apartments, LLC, for a vacation of the existing drainage and utility easement located over Outlot B, LaValle Fields, on property west of Lions Park. The lot would be final platted for the development of Hugo Gardens. New drainage and utility easements would be placed on the lots at the time the final plat was recorded. The applicant had also requested approval for final plat and development agreement for “Hugo Gardens” to allow construction of 84 apartment units in seven buildings on Outlot B of LaValle Fields PUD. Outlot B would be platted as a single lot to accommodate the new apartments. Staff recommended approval of the applications, subject to the findings and conditions listed in the resolutions and development agreement. The Council had approved the Preliminary Plat and Planned Unit Development Amendment at its July 20, 2020, meeting. The final plat would include one lot where all the buildings would be located and one lot for stormwater management. Part of the approval was to work with the City for cost share up to $136,000 for stormwater management. The applicant would construct stormwater management on their project that would accommodate for drainage and stormwater management for Lions Park and for the construction of 147th street. The applicant had also requested to enter in to an assessment agreement for the sewer and water trunk fees. Juba explained they were working through the details with the finance director, and the Council would be considering it for approval at their next meeting in September. Hugo City Council Meeting Minutes for August 17, 2020 Page 6 of 8 Juba explained the developer was initially required to construct 147th Street and Finale Avenue with the project; however, with the approved PUD amendment, they would only be responsible for the construction for Finale Avenue. The Council had previously approved the street CIP that included the construction of 147th Street, and the funding sources were also identified. She stated that the developer was requesting language be added to the development agreement stating they would not be assessed for 147th Street if 147th Street was constructed, and the developer was asking to speak to the Council on it. She presented the site plan showing seven buildings with 12 units in each building. Finale Avenue would be a public street and the other streets would be private. Juba recommended Council hold the public hearing on the easement vacation and approve the notice to vacate the easements and approve the Final Plat and Development Agreement for the Hugo Gardens Apartments. Mayor Weidt opened the public hearing. There were no comments, and the Mayor closed the public hearing. Michael Margulies, representing the developer, and Architect Dean Dovolis were in attendance. Margulies complemented Rachel and the team for their work on the project. He said he wanted to clarify in the resolution that the developer would build Finale Avenue, and 147th Street was part of the CIP. He wanted confirmation in the development agreement that the developer would not be responsible for the initial cost of 147th if it is built. He said he was not asking the City to commit to building 147th Street, only that if they do, the developer would not have to pay for it. Miron made motion, Klein seconded to approve the notice to vacate the drainage and utility easement located over Oulot B, LaValle Fields. City Attorney Dave Snyder said he wanted to clarify that the motion was contingent upon the approval of the development agreement and final plat for Hugo Gardens, and the development agreement and related document be entirely consistent with the approvals of all of City Staff. If they were not approved, the vacation would not be effective. Roll call vote – all ayes. Motion carried. Approve Final Plat and Development Agreement for Hugo Gardens Apartments Juba had presented information on the final plat and development agreement with the previous item. Snyder stated that the development agreement as currently constructed reflected what City staff recommended, and he did not recommend an explicit statement that the City would not assess for the road or would construct the road at any particular time. The City’s construction of the road was subject to the CIP, and though it was intended to be done next year, it was not expressly stated there was any guarantee to anyone. He asked it be understood the development agreement not contain any representations about 147th Street beyond what staff had already indicated, and further, the final document be entirely consistent with City staff’s approval and not contain any assurances on assessments. Margulies stated he was not asking for any commitment to build 147th Street. They were only Hugo City Council Meeting Minutes for August 17, 2020 Page 7 of 8 asking for confirmation that the developer would not be charged for the cost. If the City intended to assess the property for the construction of 147th Street, they would need to know because it was not part of their budget. Snyder stated they were not in the position to say it would not be assessed to the developer at this point. It may not be assessed but the option should be left open. Juba added that the developer was sent the street CIP that moved up the downtown street improvement project to 2021. It included 147th Street and also identified the funding sources. It was the City’s intention that the developer not be responsible for 147th street. They mayor pointed out it was the City’s intention to build 147th. He did not foresee the City not doing so. Margulies said there had been a lot of discussion on this, and it was predicated that they build Finale and the City build 147th Street, if it chose. No one was asking for a guarantee that 147th be built. If they were not going to be responsible for the cost of 147th Street, they wanted it reflected in the development agreement. Snyder stated that it was not entirely certain when any assessments, if adopted, were enacted and who would own the property at that time. He said staff would be sure the recommendation was consistent with their past dealing with the developer, and his recommendation was that the Council approve the final plat and development agreement as proposed, and remaining issues be dealt with consistent with staff’s dealings or it be brought back to council. Klein stated the City had always been able to stick by its agreements and works with contractors in a way that benefits all parties. Miron said the project served a housing need in the community, and he was confident staff would be able to work with the developer on the logistics of the agreement. Petryk made motion, Klein seconded, to approve RESOLUTION 2020 – 45 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR HUGO GARDEN APARTMENTS, LLC. FOR “HUGO GARDENS” ON PROPERTY LOCATED WEST OF FINALE AVENUE AND NORTH OF 146TH STREET with the addition that any assessment discussions that arise from this will be worked out with the City’s legal advisor and staff. The Mayor added, at the attorney’s request, that all documents be consistent with staff’s review and approval before it is finalized. Roll call vote – all ayes. Motion carried. Receive Bids and Award Contract for Public Works Facility Bids for the Public Works facility project were received on August 11, 2020. Public Works Director Scott Anderson introduced project architect Jeff Oertel who stated the results of the bid were fantastic. There were 20 bidders, and three of the bidders were below $9 million dollars. Hugo City Council Meeting Minutes for August 17, 2020 Page 8 of 8 Oertel stated that having the project bid when it was saved the City well over a million dollars. He said they had projects pre-corona that went for $142-$145 per square foot for the building. This project was came in at $122 per square foot. He said there were challenges with the site, soils, and well placement, and Xcel was a significant cost, so it was a great thing it came in so low. Public Works Director Scott Anderson showed the elevations of the building, and he talked about the bid format. There was a base bid which was the building and site work and six alternates they bid out separately because they would get better representation of what they were paying for. Remaining items needing to bid are salt storage building, material storage bins and site landscaping. The low base bid was $8,728,000, and Anderson reviewed the six low bids received for the alternates. He recommended Council approve the low bid submitted by Ebert Construction. Council commented on how the new building will benefit the City and taxpayers for years to come. The interest rates on bonding will save the City money, and this was the time to do it. Haas made motion, Klein seconded, to approve the low bid submitted by Ebert Construction for the Base Bid and six alternates the amount of $9,253,560 City Attorney Dave Snyder wanted to confirm that it is understand that the motion is contingent with all associated documentation being consistent with the approvals of the architect and City staff. Roll call vote – all ayes. Motion carried. Yellow Ribbon Network Update Council Member Chuck Haas and Council Member Phil Klein reported to Council on the recent activities of the Yellow Ribbon Network. Haas shared photos of soldiers with prizes sent to them by the YRN for their Bingo games. There was a golf event held by the family of a soldier who died in a car accident on July 16th. Memorials from his funeral in the amount of $20,000 were donated to the YRN from the Hall Family Foundation. The Hugo YRN and Stillwater YRN together held a deployment lunch for 150 soldiers and their families, and he thanked all the sponsors. The YRN continues to send care packages. There will be no August Burger Night. Adjournment Haas made motion, Klein seconded, to adjourn at 8:08 p.m. Roll call vote – all ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk                                                                             14669 Fitzgerald Avenue North, Hugo, MN 55038  •  (651) 762‐6300  •  www.ci.hugo.mn.us               TO: Honorable Mayor Tom Weidt and Members of the City Council  FROM: Ron Otkin, Finance Director  SUBJECT: Approve Updated Coronavirus Relief Fund Supplemental Budget   DATE: For the City Council Meeting of September 8, 2020    DESIRED COUNCIL ACTION Approve Resolution Adopting the CARES Funding Budget.    BACKGROUND The Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was created because of the sudden decline in  economic output following the Coronavirus Disease 2019 (COVID‐19) outbreak that significantly altered the fiscal  outlook for state and local governments.  The CARES Act was signed into law on March 27, 2020 and created the  Coronavirus Relief Fund (Fund), which provided $150 billion in direct assistance for domestic governments and  stipulated that $139 billion be allocated to state governments based on their populations.    The CARES Act details eligible purposes for which Coronavirus Relief Fund payments may be used.  It allows local  governments to make payments for programs that (1) are necessary expenditures incurred due to the public health  emergency with respect to COVID‐19; (2) were not accounted for in the budget most recently approved as of the date  of enactment; and (3) were incurred during the period that begins on March 1, 2020 and ends November 15, 2020.  The  Department of the Treasury has released guidance and extensive fact sheets which sets forth their interpretation of  these limitations on the permissible use of the Funds.  It is important to note that Treasury guidance allows budgeted  public safety expenses to be funded with Coronavirus Relief Funds because their work is substantially dedicated to  mitigating or responding to the COVID‐19 public health emergency.       The Minnesota Legislature failed to pass bill SF 47 that would distribute the Coronavirus Relief Funds to local units of  governments before adjourning their special session. However, on June 25, 2020 Governor Walz announced that he  would distribute $841 million in federal funds to cities, counties, and townships for coronavirus related expenses  through the Legislative Advisory Commission (LAC) process defined in state law.  Under the plan, cities with populations  of 200 or more would be eligible to receive a distribution from the Minnesota Department of Revenue of $75.34 per  capita.  On June 29, 2020 the City of Hugo submitted the Coronavirus Relief Fund Certification Form to the Minnesota  Department of Revenue certifying our intent to comply with the eligible use parameters outlined in the CARES Act and  requesting distribution of the City’s portion of the Coronavirus Relief Funds.  On July 7, 2020 the City of Hugo received  $1,148,713.00 in Coronavirus Relief Funds from the Department of Revenue.  The City of Hugo has until November 15,  2020 to spend the funds.  Any unspent funds must be sent to Washington County for reuse on eligible pandemic costs.      The Finance Department spent time researching the issued guidance and fact sheets and using that information  assembled a proposed supplemental budget that met the criteria set forth and established disbursements of the  Coronavirus Relief Funds.  The original CARES Funding Budget was presented to the Council at their August 3, 2020 City  Council Meeting.  Hard costs budgeted for included the reimbursement of expenditures made to manage the pandemic  and modifications made at City buildings to allow business to continue safely for Council Members, Commissioners,  CARES Funding Updated Budget  Page 2  employees, and the public.  Soft costs budgeted for included the reimbursement of costs for employees that were  pulled away from their regular duties to respond to the pandemic and also to pay the expenses for public safety and  similar employees whose work is substantially dedicated to mitigating or responding to the COVID‐19 public health  emergency.      The original presented CARES Funding Budget did not have Coronavirus Relief Funds allocated to be used for  expenditures related to the provision of grants to small businesses because of the many sources of assistance already  available to Hugo businesses.  The budget also did not include monies for donations to local hospitals.  Staff asked that  Council provide direction if they would like to see funds allocated for small business grants and/or donations to local  hospitals.        At the August 3, 2020 City Council Meeting, Council made a motion to table the CARES Funding Budget Resolution and  directed staff to have a discussion with the EDA and to come up with ideas for a grant program for local businesses and  to determine what the need is and how the City could meet that need for local businesses, local food shelfs, other non‐ profits and hospitals and to bring a recommendation back to the Council.    The EDA discussed a small business grant program at their August 18, 2020 EDA meeting.  The EDA discussed what type  of businesses in Hugo could apply for a proposed grant program and what application materials would need to be  submitted.  The EDA generally agreed that there were already resources available; however, it could reach more Hugo  businesses if a local grant program was created.  The EDA directed staff to create a CARES Business Grant program  allocating $200,000.00 from the Coronavirus Relief Funds for local, private and non‐profit businesses, with each  business being eligible for a grant up to $10,000.00. Businesses that qualify must generate under $3.5 million in annual  revenue and prove that they have experienced significant loss in revenue and incurred costs due to COVID‐19 related  business interruptions.  For‐profit businesses must be locally owned and operated and must have a physical  establishment in the City of Hugo.  Non‐profit organizations must be local to Hugo and provide service within the City of  Hugo.  Businesses can use the CARES Business Grant funds to cover operating expenses incurred from March 1, 2020 to  September 30, 2020 including payroll, rent/lease payments, mortgage payments, private utilities, other critical business  expenses incurred as a result of the public health emergency, and expenses incurred in response to CDC guidelines.  The  CARES Business Grant program will run from September 9, 2020 through October 1, 2020.    The Finance Department adjusted the soft costs in the original presented CARES Funding Budget to allocate  $200,000.00 for a small business grant program.       RECOMMENDATION Staff recommends that the City Council approve the CARES Funding Budget Resolution as presented.    ATTACHMENTS   CARES Funding Budget Resolution.  CARES Business Grant Application and Grant Agreement Forms.  WHEREAS, the coronavirus pandemic has negatively impacted national, state, and local economies; and WHEREAS, Congress has passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act that established a $150 billion Coronavirus Relief Fund to help offset the impact of the COVID-19 outbreak on state, local and tribal governments; and WHEREAS, the State of Minnesota has passed through a portion of its distribution to local governments to assist with funding expenditures incurred due to the COVID-19 public health emergency; and WHEREAS, the City of Hugo has received $1,148,713 from this pass through distribution to partially fund COVID-19 related expenditures incurred between March 1, 2020 and November 15, 2020. Budget Soft Costs Police Services 575,373$                                    Fire and Rescue Services 116,640$                                    Staff Reassignment 80,000$                                       772,013$                                    Hard Costs Business Grants 200,000$                                    Audio/Video Upgrades 51,000$                                       Building and HVAC Upgrades 50,000$                                       Telework Upgrades 42,000$                                       On-Line Permitting Software and Programming 11,100$                                       Personal Protection Equipment 7,000$                                         Single Audit Costs 6,000$                                         Fire Station Credentialing System 3,100$                                         Public Communications 3,000$                                         Sanitizing Supplies 2,500$                                         Election Supplies 1,000$                                         376,700$                                    Total CARES Budget 1,148,713$ Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 8th day of September, 2020. Tom Weidt, Mayor Michele Lindau, City Clerk RESOLUTION 2020 - RESOLUTION ADOPTING CARES FUNDING BUDGET BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the following sums of money be allocated from the CARES funding received in the current year: CARES Business Grant Application 14669 Fitzgerald Avenue North, Hugo, MN 55038 ● (651) 762-6300 ● www.ci.hugo.mn.us Applicant: _____________________________________________________ Requested Grant Amount: $________________________ (max $10,000) Along with the application, please submit the following materials: □ Completed W9 form □ 2019 Tax Statement □ Narrative on how applicant meets grant requirements APPLICATION DEADLINE: OCTOBER 1, 2020 Address:_______________________________________________________ City: ____________________ State: _____________ Zip: _______________ Phone: _______________________________________________________ Email: ________________________________________________________ 1. Have you been previously reimbursed by other sources of funds (County, State, and/or Federal) in response to the COVID-19 pandemic? Yes: □ No: □ If yes, submit invoices of anything previously reimbursed by other sources of funds. 2. Are you requesting reimbursement of expenses in response to CDC guidelines? Yes: □ No: □ If yes, submit invoices, itemized copies of what was purchased, and proof of payment of expense. 3. Are you requesting reimbursement of operating expenses as a result of adversity due to the public health emergency? Yes: □ No: □ If yes, provide proof of loss of revenue due to COVID-19 outbreak. Requested grant amount cannot exceed loss of revenue. My signature indicates that the information provided is true, I have read and understood the grant program guidelines, and that I comply with the City of Hugo grant program requirements. Should the City of Hugo require any additional documentation to verify that business guidelines are met, I will provide the necessary materials. I acknowledge that the materials I am submitting are accurate and true. Signature: ______________________________________________________________ Date: ___________________ ELIGIBILE USES BUSINESS GUIDELINES • Cover operating expenses including payroll, rent/lease payments, mortgage payments, private utilities, or other critical business expenses as a result of the public health emergency. • Expenses in response to CDC guidelines. • Expenses from March 1, 2020 to September 30, 2020. • Must be in good standing with the City and County. • Demonstrate that the business was adversely affected by Executive Orders related to COVID-19 business restrictions. • Private businesses are required to be located within the City of Hugo. Non-profit businesses must provide service within the City of Hugo. • Expenses must have been incurred and paid for. • May not exceed an annual revenue of $3.5 million. • Demonstrate financial hardship as a result of the COVID-19 outbreak. • Only one application per business and may apply for up to $10,000. • Applications are on a first come, first served basis. • May include businesses that have applied for/received any other COVID related federal funding. However, only eligible expenses that have not been reimbursed by other programs are considered eligible for the Hugo CARES Business Grant Program. NON-ELIGIBILE USES • Funds cannot be used to replace lost revenues. • Funds may not be used to cover taxes. • Funds may not include expenses that have been previously reimbursed by other sources of funding (County, State, and/or Federal). GRANT AGREEMENT FOR HUGO BUSINESS COVID-19 RELIEF FUND This Agreement (“Agreement”) is between City of Hugo, 14669 Fitzgerald Avenue North, and (GRANTEE’s Name) _____________________________________ (“GRANTEE”), ________________________________________________________________________ (GRANTEE’s address). WHEREAS, the Hugo City Council (the “Council”) has approved the disbursement of funds it has received under the federal Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) to the City of Hugo (the “City”) for use by local businesses; and WHEREAS, the Council has distributed a portion of the Funds to the Hugo Business COVID-19 Relief Fund; WHEREAS, GRANTEE has made an application for an award and has been selected for funding in accordance with the terms of this Agreement; and WHEREAS, the City has determined that GRANTEE meets the requirements to receive an award of funding. The City and GRANTEE agree as follows: 1. TERM AND AMOUNT OF GRANT This Agreement is in effect from the date that the City and GRANTEE have both signed it. The total amount of this grant is ______________ (not to exceed $10,000.00). 2. GRANT REQUIREMENTS By entering into this Grant Agreement, GRANTEE certifies that it is a locally owned and operated for-profit business with a physical establishment in the City of Hugo or is a locally operated non- profit organization that serves within the City of Hugo. GRANTEE must certify that as of March 1, 2020, all of the following are true and correct: • GRANTEE earned under $3.5 million in annual revenue; and • GRANTEE had been operating for at least 6 months prior to March 1, 2020. GRANTEE acknowledges that the source of funds for this Agreement are federal CARES Act funds provided to the City of Hugo and approved for disbursement by the Hugo City Council. GRANTEE acknowledges that the Grant Funds are subject to CARES Act requirements, and that Grant Funds may be subject to federal and state taxes. GRANTEE further certifies that as of the date this Agreement is signed, all of the following are true and correct: • GRANTEE is in good standing with the City and County; • GRANTEE is current on property taxes that were ordinarily due and payable on or before May 15, 2020; • GRANTEE experienced significant loss in revenue since March 15, 2020, and incurred costs due to COVID-19 related business interruption and required closures; or • GRANTEE experienced business interruption due to: o GRANTEE closed by an executive order issued by the Minnesota Governor in response to COVID-19 o GRANTEE closed voluntarily to promote social distancing measures in response to COVID-19 and/or suffered substantially decreased customer demand as a result of the COVID-19 public health emergency. GRANTEE has provided sufficient documentation to the City to demonstrate that the GRANTEE operates a current, local business which has experienced a business interruption (“Interruption”) due to COVID-19. GRANTEE affirms all information has been submitted or will be submitted to the City is correct and that the documented costs have not and will not be reimbursed through any other federal, state, or local funding source. 3. ELIGIBLE COSTS OF BUSINESS INTERRUPTION GRANTEE has provided an itemized and documented list of eligible costs incurred as a result of the Interruption, as more fully described in Attachment A. 4. GRANT DISBURSEMENT The City shall pay Grant Funds directly to GRANTEE within 15 business days of a fully executed Grant Agreement 5. NON-DISCRIMINATION GRANTEE shall not exclude any person from full employment rights nor prohibit participation in or the benefits of any program, service or activity on the grounds of any protected status or class including but not limited to race, color, creed, religion, age, sex, disability, marital status, sexual orientation, public assistance status, or national origin. No person who is protected by applicable federal or state laws against discrimination shall be subjected to discrimination. 6. INDEMNIFICATION GRANTEE shall defend, indemnify, and hold harmless the City and the Hugo City Council their present and former officials, officers, agents, volunteers, and employees from any liability, claims, causes of action, judgments, damages, losses, costs, demands for repayment or expenses, including attorney’s fees, resulting directly or indirectly from any fraudulent act or use of Grant Funds for non-authorized purposes by the GRANTEE, its agent, subcontractor, anyone directly or indirectly employed by GRANTEE, and/or anyone for whose acts and/or omissions GRANTEE may be liable in the performance of this Agreement. 7. DATA PRIVACY AND SECURITY GRANTEE its officers, agents, owners, partners, employees, volunteers and subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota Government Data Practices Act, Minnesota Statutes, Chapter 13 (MGDPA) and all other applicable state and federal laws, rules, regulations and orders relating to data or the privacy, confidentiality or security of data. MCCD, and the Agency will abide by Minnesota Statutes §13.48 on award data which provides that, “Financial data on business entities submitted to a government entity for the purpose of presenting awards to business entities for achievements in business development or performance are private data on individuals or nonpublic data.” Other data containing information which would give an advantage to competitors may be also labeled trade secret. The City of Hugo does not guarantee that a state or federal court will not make a determination that the data, either financial, trade secret, or otherwise, are public and require release of that data. GRANTEE shall promptly notify the City if GRANTEE becomes aware of any potential claims, or facts giving rise to such claims, under the MGDPA or other data, data security, privacy, or confidentiality laws. Classification of data, including trade secret data, will be determined pursuant to applicable law and, accordingly, merely labeling data as “financial data” or “trade secret” by GRANTEE does not necessarily make the data protected as such under any applicable law. 8. RECORDS – AVAILABILITY/ACCESS AND RIGHT TO AUDIT GRANTEE must keep all records related to this Agreement and the grant for six years after this Agreement ends. If needed, GRANTEE must allow the City, the State Auditor, or any of their authorized representatives (which may include other independent financial analysts) (collectively, “Auditors”) access to documentation related to this Agreement and the grant. GRANTEE must allow the Auditors to examine, audit, excerpt, and transcribe any books, documents, papers, records, or other data, which are pertinent to GRANTEE’s accounting practices and procedures, and involve transactions relating to this Agreement. 9. SUCCESSORS AND ASSIGNMENTS GRANTEE is not allowed to assign, transfer, pledge, or subcontract this Agreement or Grant Funds whether in whole or in part without the consent of the City via a written amendment. 10. MERGER, MODIFICATION, AND SEVERABILITY A. The entire Agreement between the City and GRANTEE, supersedes any oral agreements and negotiations between the parties relating to the subject matter. All items that are referenced or that are attached are incorporated and made a part of this Agreement. If there is any conflict between the terms of this Agreement and referenced or attached items, the terms of this Agreement shall prevail. B. Only written and signed alterations, variations, or modifications of the provisions of this Agreement will be valid. C. If any provision of this Agreement is held invalid, illegal, or unenforceable, the remaining provisions will not be affected. 11. DEFAULT AND CANCELLATION/TERMINATION A. If GRANTEE fails to perform any of the provisions of this Agreement, GRANTEE will be in default. “Default” by GRANTEE includes providing false, misleading or incomplete information in documents submitted to the City or documented in Attachment A; or failing to use Grant Funds exclusively for eligible costs. The City may excuse GRANTEE’s default in writing. If the City does not excuse GRANTEE’s default the City may immediately cancel or terminate this Agreement in its entirety, and may demand repayment in full of the Grant Funds. Additionally, the City may delay payment to GRANTEE if GRANTEE fails to comply with the terms of this Agreement until GRANTEE comes into compliance. The City must furnish prior written notice to GRANTEE of termination, cancellation, or delay of payment. B. Regardless of any contrary provisions in this Agreement, GRANTEE is liable to the City for damages sustained by the City by virtue of any breach of this Agreement by GRANTEE. The City must give GRANTEE written notice of the claimed breach and the amount of the claimed damage. Once that written notice is given, the City may withhold any payments to GRANTEE for the purpose of set-off until such time as the exact amount of damages due to the City from GRANTEE is determined. Following notice from the City of the claimed breach and damage, GRANTEE and the City must attempt to resolve the dispute in good faith. C. The above remedies shall be in addition to any other right or remedy available to the City under this Agreement, law, statute, rule, and/or equity. D. If the City does not insist upon strict performance of any provision or to exercise any right under this Agreement, that lack of insistence does not mean that the City has given up its right to have GRANTEE strictly perform its obligations of this Agreement. If the City agrees in writing to give up strict performance by GRANTEE in one instance, that written consent is not a general waiver, and does not mean that the City has given up its rights throughout the entire term of the Agreement. E. If this Agreement expires or is cancelled or terminated for any reason by either party, the City will not be obligated to provide any other payments to GRANTEE, except for payments that were due prior to expiration, cancellation, or termination of this Agreement. F. Upon written notice to GRANTEE, the City may immediately suspend or cancel/terminate this Agreement in the event any of the following occur: (i) Either the City of Hugo does not obtain anticipated funding from the federal government for this grant; (ii) funding for this grant from the federal government is withdrawn, frozen, shut down, or is otherwise made unavailable; or (iii) the City loses the funding for any other reason. 12. SURVIVAL OF PROVISIONS Provisions that by their nature are intended to survive the term, cancellation, or termination of this Agreement do survive such term, cancellation or termination. Such provisions include but are not limited to: grant requirements, independent contractor, indemnification, duty to notify, data privacy and security, records-availability/access, default and cancellation/termination, media outreach, and Minnesota Law Governs. 13. GRANT ADMINISTRATION Emily Weber (“Grant Administrator”), shall manage this Agreement and any subsequent audit thereof on behalf of the City of Hugo and serve as liaison between the Hugo City Council and GRANTEE. ____________________________ shall manage the agreement on behalf of GRANTEE. GRANTEE may replace such person but shall immediately give written notice to the City of the name, phone number, email, and mailing address of such substitute person and of any other subsequent person. 14. NOTICES Unless the parties otherwise agree in writing, any notice or demand which must be given or made by a party under this Agreement or any statute or ordinance must be in writing, and shall be delivered the respective party. Notices to the City shall be sent to Hugo City Hall at 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038. Notice to GRANTEE shall be sent to the address stated in the opening paragraph of this Agreement. 15. CONFLICT OF INTEREST GRANTEE affirms that to the best of GRANTEE’s knowledge, GRANTEE’s involvement in this Agreement does not result in a conflict of interest with any party or entity which may be affected by the terms of the Agreement. If GRANTEE learns of any conflict or potential conflict of interest, GRANTEE must immediately notify the City of the conflict or potential conflict. Unless the City consents, a conflict or potential conflict may, in the City’s discretion, be cause for cancellation or termination of this Agreement. 16. SIGNATURES/EXECUTION Each person executing this Agreement on behalf of a party represents and warrants that such person is duly and validly authorized to do so on behalf of such party. 17. MINNESOTA LAWS GOVERN The laws of the state of Minnesota shall govern all questions and interpretations concerning the validity and construction of this Agreement and the legal relations between the parties and their performance. The appropriate venue and jurisdiction for any litigation will be those courts located within the County of Washington, State of Minnesota. Litigation, however, in the federal courts involving the parties will be in the appropriate federal court with jurisdiction within the state of Minnesota. City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2020, 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 Grant Administrator Emily Weber City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 651-762-6311 eweber@ci.hugo.mn.us GRANTEE By________________________________ ________________________________ Its: STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2020, before me, a Notary Public, personally appeared ________________________________________, to me personally known, who, by me duly sworn did say that they are the representative for the GRANTEE of this Agreement. __________________________________________ Notary Public City of Hugo Claims September 8, 2020 G. 1 Vendor Invoice Amount Description Department Active 911 Inc 194697 229.40$ Active 911 App Subscriptions (20 Additional)Fire Dept All Seasons Rental 1-70475 204.74$ Mixing Trailer Rental - Bench Pads at Aspire Park Special Parks Fund All Seasons Rental 1-70475 203.77$ Ready Mix Concrete - Bench Pads at Aspire Park Special Parks Fund Allstream 17015899 102.68$ Fax Lines Administration Baller, Scott CLAIM 65.98$ Work Boot Reimbursement Building Inspections Blaine Brothers Inc 10004281245 261.84$ LED Work Lamps Public Works C-Aire Inc 153274 569.29$ Air Compressor Parts & Repairs Fire Dept Canteen Refreshment Services MSP16899 164.31$ Breakroom Supplies Gen Gov't Bldgs Canteen Refreshment Services MSP16900 78.04$ Breakroom Supplies Public Works CDW Government ZNW4774 47.63$ Dell USB DVD Drive Public Works Century Link 651 426-8763 64.80$ 911 Emergency Line Administration Century Link 651 429-3212 70.18$ Fire Station Phone Lines Fire Dept City of Roseville 229225 125.00$ Remote Desktop Access (2) (COVID-19)Finance Dept City of Roseville 229225 25.00$ Remote Desktop Access (2) (December)Finance Dept City of Roseville 229225 62.50$ Remote Desktop Access (1) (COVID-19)Water & Sewer City of Roseville 229225 12.50$ Remote Desktop Access (1) (December)Water & Sewer City of Roseville 229242 394.00$ NetMotion Services (COVID-19)City Clerk City of Roseville 229242 25.00$ NetMotion Services (December)City Clerk City of Roseville 229243 391.00$ NetMotion Services (COVID-19)Planning & Zoning City of Roseville 229243 25.00$ NetMotion Services (December)Planning & Zoning City of Roseville 229244 394.00$ NetMotion Services (COVID-19)Community Development City of Roseville 229244 25.00$ NetMotion Services (December)Community Development City of Roseville 229245 391.00$ NetMotion Services (COVID-19)Engineering Dept City of Roseville 229245 25.00$ NetMotion Services (December)Engineering Dept City of Roseville 229246 389.00$ NetMotion Services (COVID-19)Parks Dept City of Roseville 229246 25.00$ NetMotion Services (December)Parks Dept City of St. Paul IN42111 528.28$ Asphalt Street Dept Comcast 8/5/2020 2.25$ Business Internet (thru September 14)Fire Dept Comcast 8/12/2020 10.52$ Business Cable (thru September 21)Administration Comcast 8/18/2020 154.67$ Business Internet (thru September 27)Fire Dept Comcast 104107131 495.69$ Business Internet (July)Administration Comcast 104107131 495.69$ Business Internet (July)Public Works Comcast 105837111 495.89$ Business Internet (August)Administration Comcast 105837111 495.89$ Business Internet (August)Public Works De Lage Landen Financial Services Inc 69063503 311.37$ August Copier Lease Payment Administration Dell Marketing LP 10412572030 589.64$ Monitors (4) (COVID-19)Fire Dept Dell Marketing LP 10412920736 294.82$ Monitors (2) (COVID-19)Finance Dept Dell Marketing LP 10412920736 998.18$ Laptop Computer (1) (COVID-19)Finance Dept Dell Marketing LP 10412920736 1,593.53$ Laptop Computer (1) (COVID-19)Building Inspections Dell Marketing LP 10412920736 4,118.56$ Laptop Computers (4) (COVID-19)Various Diamond Mowers Inc 0181665-IN 898.94$ Parts - Unit #317 Street Dept Election Systems & Software LLC 1149543 2,128.65$ Protective Shields for Elections (Final) (COVID-19) Elections Election Systems & Software LLC 1149555 821.03$ Protective Shields for Elections (Final) (COVID-19) Elections Emergency Apparatus Maintenance Inc 113371 843.11$ Repairs - Unit #E1 Fire Dept Ferguson Waterworks 460580 61.12$ Hydrant Parts Water Utility Finken Water Solutions 5326652 60.50$ Drinking Water Filters Public Works Fire Safety USA Inc 137305 815.00$ Medical Grade Surgical Masks (COVID-19)Fire Dept Fire Safety USA Inc 137364 63.40$ Night Sticks & Safety Cone Fire Dept Fire Safety USA Inc 137364 239.85$ Medical Grade Surgical Masks (COVID-19)Fire Dept Fire Safety USA Inc 137464 105.00$ Safety Vest Fire Dept Forest Lake Napa July 3,295.68$ Auto Parts and Shop Supplies Various FPI Paving Contractors Inc 2070169.00 1,199.00$ Tack Oil Street Dept FPI Paving Contractors Inc 2080220.00 660.00$ Tack Oil Street Dept Game Time PJI-0142768 178.80$ Rock Climbing Blocks - Frog Hollow Parks Dept Government Finance Officers Assoc 2977210 85.00$ Implementing the CARES Act Funds Webinar Finance Dept Grainger 9625660957 133.68$ Part Bins Public Works Grimco Inc 024812120-01 463.57$ Bulk Vinyl & Supplies Public Works Hawkins Inc 4775516 3,648.78$ Water Chemicals Water Utility Home Depot Credit Services 3621957 49.88$ Extension Cords - Elections Elections Innovative Office Solutions LLC IN3056776 138.00$ Hand Sanitizer - Elections (COVID-19)Elections Innovative Office Solutions LLC IN3061664 113.82$ Copy Paper Administration Innovative Office Solutions LLC IN3061664 53.93$ Post-It Notes & Correction Tape Administration Interstate Battery System of Minneapolis 110049404 656.18$ Batteries Public Works Interstate Battery System of Minneapolis 110049154 (23.00)$ Batteries (Credit)Public Works Jefferson Fire & Safety Inc IN120376 384.55$ Task Force Tips Adapters (2)Fire Dept Jefferson Fire & Safety Inc IN120682 840.00$ Enforcer Foam Fire Dept Johnson/Turner July 4,829.00$ Prosecution Fees (Flat Fee)General Legal Johnson/Turner July 294.95$ Disbursements (Prosecution Costs)General Legal Johnson/Turner July 3,868.75$ Civil Legal Fees - See Attached Breakdown General Legal Page 1 City of Hugo Claims September 8, 2020 G. 1 Vendor Invoice Amount Description Department Knife Lake Concrete Inc 99201.2 4,860.00$ Curbing for Catch Basin Repairs Stormwater Fund Knife Lake Concrete Inc 99201.2 740.00$ Misc Concrete Repairs Street Dept Knife Lake Concrete Inc 99201.3 34,644.00$ Fire Hall Parking Lot Concrete Repairs Fire Dept L.T.G. Power Equipment 250867 29.17$ Parts - Unit #309 Parks Dept L'Allier Concrete Inc JL3819 3,150.00$ Concrete Pads - Adelaide Park Special Parks Fund Landform 30752 521.25$ Hugo Gardens Deposits Laughlin's Pest Control 37881 85.00$ August Pest Control Service (CH)Gen Gov't Bldgs Lawson Products 9307771455 64.29$ Bulk Hardware Supplies Public Works Lawson Products 9307803708 126.23$ Bulk Hardware Supplies Public Works Lawson Products 9307810345 596.01$ Bulk Hardware Supplies Public Works Lindau, Michele CLAIM 36.82$ Election Supplies - Walmart (COVID-19)Elections Lindau, Michele CLAIM 10.67$ Election Supplies - Walmart (COVID-19)Elections Lindau, Michele CLAIM 10.74$ Election Supplies - Family Dollar (COVID-19)Elections Marco INV7823982 39.50$ August Copier Maintenance Building Inspections Menards 44843 79.00$ Microwave Fire Dept Menards 45695 34.79$ Block Adhesive - Well No. 5 Water Utility NAC Mechanical Corp 174939 859.70$ HVAC Repairs (CH)Gen Gov't Bldgs Preisler, Chuck CLAIM 26.90$ 2018 Int'l Building Code Plan Review Records (ICC) Building Inspections Press Publications 676426 23.50$ City Council Change in Meeting Date Notice Ordinances/Proceedings Press Publications 676427 23.50$ City Council Special Meeting Notice Ordinances/Proceedings Pump and Meter Service Inc 504137 247.00$ Vehicle Hoists Inspection Public Works Schifsky (T.A.) & Sons Inc 66280 1,368.81$ Asphalt Street Dept Schifsky (T.A.) & Sons Inc 66318 1,819.54$ Asphalt Street Dept Schifsky (T.A.) & Sons Inc 66358 1,297.40$ Asphalt Street Dept Sensible Land Use Coalition 388 15.00$ Meeting Registration - Rachel Juba Planning & Zoning SHI International Corp B12061090 1,460.00$ Windows Office Licenses (4) (COVID-19)Various Snap-On Industrial ARS / 14464274 125.00$ Shop Tool Repairs Public Works St. Croix Recreation Fun Playgrounds Inc 20602 12,823.01$ Tables, Benches & Receptacles - Adelaide Park Special Parks Fund Sun Life Financial September 920.23$ Disability Premium Finance Dept Sylva Corporation Inc 64267 2,016.00$ SoftStep Mulch - Diamond Point Park Special Parks Fund Sylva Corporation Inc 64268 1,104.00$ SoftStep Mulch - Beaver Ponds Park Special Parks Fund Sylva Corporation Inc 64269 560.00$ SoftStep Mulch - Val Jean Park Special Parks Fund Sylva Corporation Inc 64270 608.00$ SoftStep Mulch - Clearwater Cove Park Special Parks Fund Sylva Corporation Inc 64271 1,696.00$ SoftStep Mulch - Arbre Park Special Parks Fund Synchrony Bank 12JNLEHVKTSY 119.97$ Rubber Mats (3) - Clearwater Cove Park Special Parks Fund Synchrony Bank 12JNLEHVKTSY 119.97$ Rubber Mats (3) - Arbre Park Special Parks Fund Synchrony Bank 12JNLEHVKTSY 159.96$ Rubber Mats (4) - Diamond Point Park Special Parks Fund Synchrony Bank 12JNLEHVKTSY 23.28$ Insect Repellant Parks Dept Synchrony Bank 12KBLEHVKJEK 31.45$ Pest Control Supplies Parks Dept Tablet Command INV-0369 450.00$ Tablet Command Annual License Fire Dept T-Mobile 870254054 1,042.45$ Cellular Phone Charges Various T-Mobile 870254054 219.99$ Equipment Purchases Public Works Toshiba Financial Services 5011584023 175.23$ September Copier Lease Payment Fire Dept Toshiba Financial Services 5011584023 1.51$ Overage Charges (B & W)Fire Dept Toshiba Financial Services 5011584023 16.63$ Overage Charges (Color)Fire Dept Trepanier Stucco, LLC 8/21/2020 4,850.00$ Stucco Repairs (FH)Fire Dept Tri-State Bobcat A75996 206.14$ Parts - Unit #304-C Street Dept Tri-State Bobcat A76109 17.72$ Parts - Unit #304-C Street Dept UniFirst Corporation July 27.52$ Supplies & Floor Mat Services (FH)Fire Dept UniFirst Corporation August 13.33$ Supplies & Floor Mat Services (CH)Gen Gov't Bldgs UniFirst Corporation August 102.58$ Uniform, Supplies & Floor Mat Services (PW)Public Works UniFirst Corporation August 208.41$ Uniform, Supplies & Floor Mat Services (PW)Public Works Verizon Wireless 9860086669 1,068.61$ Cellular Phone Charges Various 122,739.62$ Total Claims for September 8, 2020 Page 2 JOHNSON/TURNER LEGAL August 10, 2020 City of Hugo Attn: Ron Otkin 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Ron: Enclosed, please find our billing statements for the City of Hugo as of July 31, 2020. Below is a summary of the matter description, subtotal and total amount due and owing for the attached statements: MATTER MATTER I.D. SUBTOTAL Carpenter Property Purchase 12-2359-027 92.00 Council Meetings 19-2359-052 300.00 Deutsche Bank Litigation 17-2359- 044 33.75 General 2020 20-2359-056 2,369.25 Water Tower #4 12-2359-021 69.00 White Bear Lake Litigation 13-2359-032 1,004.75 Prosecution 12-2359-024 5,123.95 TOTAL NOW DUE: 8,992.70 Please feel free to contact me if you have any questions regarding the billing statements. Sincerely, JOHNSON/TURNER LEGAL Davi . Snyder DKS/mah Enclosures 56 East Broadway Avenue, Suite 206, Forest Lake, MN 55025 / p 651.464.7292 / f 651.464.7348 Offices conveniently located throughout the metro area johnsonturner. com K:\010892-000\Admin\Construction Admin\Pay Voucher\010892-000 PV7 LTR to City 090220.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM September 2, 2020 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 130th Street Improvement Project City of Hugo S.A.P. 224-110-002 WSB Project No. R-010892-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No. 7 for the above referenced project in the amount of $162,460.35. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 7 for Dresel Contracting, Inc. The amount indicated above reflects work certified through August 31, 2020, with a 5% retainage applied. Please include one executed copy of the pay voucher with the payment to Dresel Contracting, Inc. and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 651.286.8463. Sincerely, WSB Mark Erichson, PE Sr. Project Manager Attachments kkp September 2, 2020 K:\013127-000\Admin\Construction Admin\Pay Vouchers\013127-000 PV5 LTR to City 082420.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM August 24, 2020 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Water’s Edge Stormwater Reuse – Phase 2 City of Hugo, MN WSB Project No. R-013127-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No. 5 for the above referenced project in the amount of $6,239.66. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 5 for Peterson Companies, Inc. The amount indicated above reflects work certified through August 31, 2020, with a 5% retainage applied. Please include one executed copy of the pay voucher with the payment to Peterson Companies, Inc. and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 651.286.8463. Sincerely, WSB Mark Erichson, PE Sr. Project Manager Attachments cc: Ray Theiler, WSB kkp August 24, 2020 RESOLUTION NO. 2020-____ RESOLUTION ADOPTING ASSESSMENTS FOR THE HUGO GARDENS IMPROVEMENT PROJECT NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA: 1.Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable and certifiable as taxes in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 4% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3.The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4.The city clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 8th day of September, 2020 ________________________________ Tom Weidt, Mayor ATTEST: _____________________________________ Michele Lindau, City Clerk G.5 1 ─────────────────────────────────────────────────────── Return to: David K. Snyder, Esq. JOHNSON/TURNER LEGAL 56 E. BROADWAY AVENUE, SUITE 206 FOREST LAKE, MN 55025 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA ASSESSMENT AGREEMENT THIS AGREEMENT, made and entered into this _____ day of ___________, 2020, 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 HUGO GARDEN APARTMENTS, LLC, a Minnesota limited liability company (hereinafter referred to as "H.G.A."). WITNESS: WHEREAS, the City Council has, by Resolution on approved assessments in connection with a major subdivision known as Hugo Gardens and construction of apartment buildings. H.G.A. is the owner of the property identified on Exhibit A attached hereto (the Property”) and desires to stipulate to the payment of a specified sum to ensure the provision of sanitary sewer, water, street and storm drainage improvements to the property; and, 2 WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a), and is undertaking the project based upon H.G.A.’s undertakings expressed herein; and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations. 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: 1. Developer shall pay the following trunk costs pursuant to the Amortization Schedule attached hereto as Exhibit B: • Trunk Sewer: $52,224.00 • Trunk Water: $62,720.00 2. H.G.A. consents to the payment of assessments levied upon the Property, if any, and waives and releases, on behalf of themselves and their successors in title, the right to appeal from or challenge any assessment whether under Minn. Stat. § 429, state or federal constitution. 3. Warranty of Title. H.G.A. warrants and represents to the City that they are the fee owner of the Subject Parcel described herein and that they have the authority to execute this Assessment Agreement and agree to the conditions hereof. 4. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the lands 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 subject property, and shall be deemed covenants running with the land. Reference herein to H.G.A., 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 3 purchasers, the cost of said recording shall be borne by H.G.A. and charged against the escrow account. 5. Governing Law. This Agreement shall be interpreted in accordance with and be governed by the laws of the State of Minnesota. 6. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto and supersedes all prior agreements and understandings between the parties with respect to the matters contained herein. 7. Amendment, Modification or Waiver. No amendment, modification or waiver of any condition, provision or term herein shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by a duly authorized representative thereof and specifying with particularity the extent and nature of such amendment, modification and waiver. IN WITNESS WHEREOF, the City and Applicant have caused this Agreement to be duly executed on the day and year first above written. [SIGNATURES ON FOLLOWING PAGE(S)] 4 APPLICANT HUGO GARDEN APARTMENTS, LLC _________________________________ By: ____________________________ Its: ____________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of_______________, 2020, by ________________, the _______________ of Hugo Garden Apartments, LLC, a Minnesota limited liability company, on behalf of said company with full authority so to do. _________________________________ SIGNATURE OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC 5 CITY OF HUGO By: _________________________ By: ___________________________ Bryan Bear Michele Lindau Its: City Administrator Its: City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of_______________, 2020, by Bryan Bear, the City Administrator, of the CITY OF HUGO, a Minnesota municipal corporation, on behalf of said City with full authority so to do. _________________________________ SIGNATURE OF NOTARY PUBLIC STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON ) The foregoing instrument was acknowledged before me this ____ day of _______________, 2020, by Michele Lindau, the City Clerk of the CITY OF HUGO, a Minnesota municipal corporation, on behalf of said City with full authority so to do. _________________________________ SIGNATURE OF NOTARY PUBLIC DRAFTED BY: David K. Snyder, Esq. JOHNSON/TURNER LEGAL 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 651-464-7292 OFFICIAL SEAL OF NOTARY PUBLIC OFFICIAL SEAL OF NOTARY PUBLIC EXHIBIT A (Legal Description) Lot 1, Block 1, LaValle Fields (subject to change with Hugo Gardens Plat) 2 EXHIBIT B (Amortization Schedule) Special Event Permit - Memorandum To: City Administrator Bryan Bear From: City Clerk Michele Lindau Date: August 31, 2020, for the September 8, 2020, Council Meeting Re: Hugo Legion Craft Show and Octoberfest Celebration on Saturday, October 3, 2020 1. BACKGROUND: The Hugo American Legion has applied for a Special Event Permit to hold a craft show and Oktoberfest on Saturday, October 3, 2020. A Special Event Permit approved by Council is necessary because alcohol will be sold outdoors, there may be more than 200 people in attendance throughout the day, it will extend after dark, and there will be amplified music. 2. DESCRIPTION OF EVENT: The event will take place from 9 a.m. to 9 p.m. and will consist a craft show with craft vendors inside and outside of the building, food vendors, D.J. music and a bean bag tournament. Details of the event are included with the application The event is outlined in detail below.  Parking The south portion of the Legion parking lot will be used for vendors, D.J. and a bean bag tournament. MGM Liquors, located adjacent to the east, has agreed to allow parking in their lot with the exception of the first two rows. The Daycare has agreed to allow vendors to park on their lot across the street. Parking along the streets will also be available and likely used for this event.  Activities Vendors will be open from 9 a.m. to 2 p.m. The bean bag tournament will be from 4- 7 p.m. and music until 9 p.m. The amplified sound will be directed south towards the commercial area. 2  Signage The applicant will have signage onsite. Any signage off premises will need to be approved by the City.  Structures and Tents There will be no stage structure, and tents will be small vendor tents, properly anchored.  Bathroom facilities/waste management Not all attendees will be there at the same time, and it is felt the bathroom facilities and waste facilities inside the building will be adequate. Legion staff will be required to remove all trash, if any, from the parking areas at the close of the event.  Food and Liquor Alcohol will be served in a fenced in area. Identification will be checked and wrist bands issued to those 21 years of age and older. At all times, there will be security at the entrances to ensure no alcohol leaves the fenced area. There will be food trucks on the property, and food may also be served from the Legion kitchen.  Security Security has been discussed with the applicant and it has been decided there is no need to hire a deputy to be on duty. The attendees of the event will be spread out during the day, and employees of Legion will be monitoring liquor consumption. 3. REQUIREMENTS: The applicant has provided the City the completed permit and permit fee. In accordance with this permit, the applicant shall conduct the event as described herein and meet the following conditions: Prior to the Event 1. The applicant will provide the City a signed Hold Harmless Agreement. 2. The applicant will provide a Certificate of Liquor Liability Insurance showing the City of Hugo as additionally insured for this event. 3. The applicant will work with staff on placement of an off-site sign for the event. 4. The area serving alcohol will be enclosed by fencing. 5. The applicant will post signs prohibiting alcohol out of fenced area. 6. All tents and will be adequately anchored. 7. Snow fence will be installed around the perimeter of the site. 3 During the Event 8. The applicant shall conduct the event in accordance with the approved plans submitted with the application. 9. The applicant shall comply with all applicable federal, state, and local laws, rules, regulations, and ordinances. 10. All food vendors will be properly licensed. 11. Security will be posted at all entrances/exits to ensure no alcohol leaves the tent area. 12. Any report of alcohol outside the fenced area will result in all alcohol sales and consumption to cease outdoors for the remainder of the event. 13. All outdoor activities will end by 9 p.m. Additional COVID Requirements 14. Their COVID Preparedness plan will be amended to add the following requirements for the event:  Anyone with symptoms of COVID as described in their preparedness plan will be prohibited on the site.  Signs will be posted stating the requirement for face coverings and social distancing.  Patrons will not be allowed to enter the outdoor area if the outdoor capacity will not permit social distancing.  Inside the building will adhere to 50% of capacity limit of the building.  Masks will be made available if needed.  Sanitizing stations will be available at multiple places.  Vendor booths and all tables will be spaced six feet apart.  No more than four chairs will be at a table.  Seating will be required when consuming food or beverages  Face coverings must be worn at all times except while seated and consuming food or beverages.  Yellow tape will be used on the floor/ground to indicate the direction of traffic. 4 After the Event 15. All signage for the event, not located on the Legion property, will be removed immediately after the event. 16. Litter will be removed from all parking areas. CONCLUSION/RECOMMENDATION: The Legion held this same event last year with no issues; however, this year, they will be required to follow their amended COVID Preparedness Plan. Staff feels the event is being well planned and recommends Council approve the event subject to the conditions above. Minor changes to this permit may be approved by City staff. Changes staff deems to be significant will require Council review and approval. PARK NAMING POLICY CITY OF HUGO 1. Parks may be named for the deceased after 50 years have elapsed from the time of death. The deceased may include local or national heroes and national, state, or local officials. 2. Parks may be named for streets, neighborhoods, historical events and characters, trees, flowers, places, mythological and descriptive names. These names should be indigenous to the City of Hugo. 3. New parks should not be named for civic organizations in order to avoid community conflicts. Existing park names are grandfathered in. 4. Park or facility names should not be changed without good cause. They should be named carefully and with permanent intent. No park or park facility can be renamed without the consent of the Parks Commission. 5. The criteria should be reviewed from time to time, and if necessary, periodically revised to offer the Parks Commission a practical, up-to-date and helpful tool through which practical decisions may be reached and by which difficult situations may be amicably reconciled. The Parks Commission will name all City-owned parks in Hugo. 6. Parks or facilities may be named in recognition of a grant of funds which significantly improves a park by a non-profit, as determined by the Parks Commission. (Policy addition approved by the City Council October 19, 2009) Future Park in Adelaide LandingPark Name Ideas From ResidentsReceived by email or phone as of August 1, 2020Park NameNotesArcand ParkGale ArcandArthur Arcand ParkGale ArcandAdelaide Angels ParkRon & Debbie BarghiniAdelaide Anges ParkRon & Debbie BarghiniFrench for angelsDrangonfly ParkDan BurnstineArcand ParkTodd ArcandHeron Ridge City ParkVernita WilliamsAdelaide ParkLee DordalKangaroo CrossingKaren HayesResident 14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762-6300 • www.ci.hugo.mn.us Introduction The City of Hugo is seeking a qualified consultant to provide architectural planning and design services for the design development of a multi-purpose pavilion at Lions Park, located adjacent to the Hugo City Hall at 14669 Fitzgerald Avenue North, Hugo, MN 55038. The following information shall be used to provide a letter proposal identifying a statement of qualifications summary for the City of Hugo. Project Information The City of Hugo undertook a park master plan study in 2015 for Lions Park with an update to the master plan completed in 2020 by WSB (see attached). The master plan identifies the vision for Lions Park and it is the intent of the City of Hugo to begin the design development process of key elements of the master plan for consideration of inclusion in a phase one implementation project for 2021. The City of Hugo is seeking professional architectural design services to undertake the design development for the multipurpose pavilion building identified on the master plan. Scope of Services The successful consultant is expected to include all work and consultants deemed necessary to complete the following activities within the given timeframe: a. Project Start-Up & Programming Meeting: The Architect shall attend a virtual project start-up meeting with the City and WSB to review over the proposed schedule, confirm key stakeholder groups and develop a clear understanding of the scope of the project and intended outcomes with discussion of initial multipurpose building programming. b. Steering Committee Meeting #1: The Architect will facilitate a virtual meeting with the City, WSB and stakeholder committee (committee members selected by the City of Hugo) to brainstorm ideas and confirm a programming list and goals for the multipurpose pavilion. c. Conceptual Design: The Architect shall develop up to two (2) conceptual design development approaches for the multipurpose pavilion building based on the programming goals developed with the pavilion committee. The conceptual designs will illustrate potential building sizes, spatial configurations, material selection, and character along with related cost considerations. The Architect shall coordinate with WSB for the conceptual design for the exterior spaces surrounding the pavilion. d. City Review Meeting: The Architect will facilitate a virtual meeting with the City and WSB to review the conceptual design development approaches for review and feedback and make modifications as necessary prior to the Steering Committee Meeting. e. Steering Committee Meeting #2: The Architect will facilitate a virtual meeting with the City, WSB and stakeholder committee to present and review the conceptual design development plans and related cost considerations for review and feedback. The intent of the meeting is to determine the final desired programming, layout, size, and materials as it relates to budgetary constraints to determine the preferred approach to carry forward into the final design process. f. Preferred Design Development: The Architect will work with the City to determine the preferred approach for the multipurpose pavilion design based on the feedback from the conceptual design review meeting. The Architect will prepare design development plans to include building sections and elevations that illustrate the overall preferred pavilion size, layout and material selection with an estimate of probable costs for construction and narratives for the structural systems and MEP design. The Architect shall coordinate with WSB to refine the related exterior plaza seating and gathering spaces surrounding the pavilion, including a community fire pit and stage area. g. City Review Meeting: The Architect will facilitate a virtual meeting with the City and WSB to review the preferred multipurpose pavilion and plaza design and estimate for review and feedback for further refinements prior to the Steering Committee meeting. h. Steering Committee Meeting #3: The Architect will facilitate a virtual meeting with the City, WSB and stakeholder committee to present and review the preferred multipurpose pavilion and plaza design and estimate for review and feedback. i. Parks Commission Meeting: The Architect and WSB shall attend a virtual Parks Commission Meeting to present the final multipurpose pavilion and estimate, along with the overall site plan and estimate, for review and approval. j. City Council Meeting: The Architect and WSB shall attend a City Council Meeting to present the final multipurpose pavilion design and estimate, along with the overall site plan and estimate, for review and approval to carry the preferred approach into the final design package for construction. k. Deliverables: The Architect shall provide meeting agendas, graphics and other materials necessary for the identified meetings and shall distribute meeting minutes / follow-up notes following each meeting. All materials shall be provided to the City of Hugo in electronic form. The City of Hugo will organize the steering committee members and will provide all mailings to residents. Submittal Requirements: Firms or persons wishing to be considered shall submit an electronic copy of their letter proposal in .pdf form to the City of Hugo no later than 10:00 am on September 21, 2020 to include the following: 1. Firm Overview (1-page maximum) 2. Key Staff Identification and Statement of Qualifications (2-page maximum) 3. Project Examples with References (5-page maximum) 4. Scope of Services / Project Design Approach (5-page maximum) 5. Fee Proposal (1-page maximum) In-person or virtual interviews shall include approximately 30-45 minutes of discussion of the submitted proposal and a question and answer session with H. No formal presentations by the consultant will be included. Tentative Schedule The following timeline represents the tentative sequence of events contemplated in the qualification and selection procedure. Request for Proposals Distributed September 9, 2020 Proposals Due September 21 Interviews September 25 / 28 Council Approval of Consultant October 5 Design Process October 12 – January 12, 2020 Parks Commission Meeting January 20, 2021 Council Approval of Project February 1, 2021 Project Contacts All questions shall be submitted in writing to the following project contact and answers may be shared with all proposers: Shayla Denaway, City of Hugo Parks Planner SDenaway@ci.hugo.mn.us K:\016030-000\Graphics\Master Plan\016030 Master PlanScale in Feet80’0’40’20’10’Hugo, Minnesota July 10, 2020 | WSB Project number: 016030-000Lions Park | 2020 Master PlanPAVILION23 PARKING STALLS147TH ST NFITZGERALD AVE. UPPER 146TH ST. FINALE AVE. N. FINALE A V E. N.INCLUSIVE PLAYGROUND PODSFUTURE MEMORIALPLAZA AND SEATINGSTORAGEBUILDINGRELOCATED SKATE PARKFIRE PIT LOCATION OPTIONSMAIN PAVILIONFUTURE COMMUNITY SPORTS PADOPEN FIELDOPEN FIELDOPEN LAWNOPTIONAL TRAIL CONNECTION TO CO RD 61 / HCRTOUTDOOR PLAZA OPEN LAWNPHOTO EXAMPLESPERFORMANCE STAGESPORTS COURTPLAY FEATURESLAWN EVENTS / STAGECOMMUNITY FIRE PITMEMORIAL27 PARKING STALLS58 PARKING STALLS9 PARKING STALLS7 PARKING STALLS67 PARKING STALLS9 PARKING STALLS6 ADA PARKING STALLS K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: City of Hugo From: Candace Amberg, WSB Date: July 10, 2020 Re: Lions Park Master Plan WSB Project No. 016030-000 Lions Park Master Plan The 2020 Lions Park Master Plan reflects updates to the previous master plan according to current needs and desires for a potential phase one implementation project. The master plan was presented at the joint City of Hugo City Council and Parks Commission on June 29th for review and comment for modifications to finalize the Lions Park Feasibility Study with corresponding cost estimate. The 2020 Master Plan is summarized as follows: Vehicular Circulation: • The City Hall parking lot contains 6 ADA stalls along the front of the building with the remainder of the parking lot to contain approximately 58 parking stalls. The parking lot is configured so that Fitzgerald Ave acts as an entrance drive to the parking lot but the use of the center island does not allow straight through traffic into the parking lot in order to slow traffic. • Fitzgerald Ave north of the City Hall parking lot is shown widened to a 32’ wide urban road with parallel parking along Lions Park containing approximately 9 stalls. The parallel parking stalls are optimal locations for setting up food trucks or other vendors to b e used in conjunction with park lawn activities. These can also serve as a primary entrance into the park space for vehicles for select activities/events. • Upper 146th is shown with a total of approximately 48 to 50 pull-in parking stalls along Lions Park. • Finale Ave is shown as a 28’ wide urban road with approximately 16 parallel parking stalls along Lions Park. • 147th St is shown as a 26’ wide urban road with no parking on the roadway. • The City of Hugo intends to conduct additional street feasibility design studies to determine final road improvements, design and impacts along with overall stormwater strategy and design. • A parking lot (possibly a future phase) is shown in the northwest corner of the park with approximately 60-67 parking stalls. An area is identified for a rain garden, though a future stormwater design will be conducted with the road feasibility study. Page 2 K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx Pedestrian Circulation: • A 10’ wide trail is shown on the north side of 147th St with two trail options for pedestrian circulation to connect to the Hardwood Creek Regional Trail. o One option extends the trail on the north side of 147th St all the way to County Road 61 to align with the 147th St trail east of County Road 61. o An alternate option would divert pedestrians to cross over 147th St at the intersection of 147th and Finale at a crosswalk and then extend east through Lions Park along 147th, route south along Fitzgerald and connect to the HCRT by City Hall. While this trail option skirts the park perimeter, it has the potential for some conflict points with park and city hall users. • Pedestrian walks/trails extend along the entire perimeter of Lions park to provide access from parking areas to destination points within the park and creates a large loop. • An internal park trail loop extends around the open lawn area and provides access to the various destination points within the park. • Trails are shown to be 10’ wide and bituminous. Some routes may be concrete in which case they may be constructed at an 8’ width. • Entry plaza spaces are created along all four corners of the park to provide a visual cue and inviting appeal to the park. Lawn Space / Open Fields: • A long central open lawn space can accommodate large events, such as Good Neighbor Days, or it can accommodate several smaller events at once. • Open skating (if desired) can be located in close relation to one of the fire pit locations. • There are two locations shown for the inclusion of a backstop for informal ballfield use. At this time, the ballfield does not include an agg-lime infield. This can be further developed to include a T-ball infield or it can remain as simple as a backstop with turf lawn space. o The open field on the west end of the park is in close relation to the playground for optimal viewing for parents who may have kids utilizing the field and playground at the same time, but additional safety measures may be needed to protect the playground from foul balls. o The open field on the east end has more dedicated lawn space and is situated to cause fewer conflicts with other park uses, but lacks good visibility to the playground. • A smaller open lawn space is located on the east side of the main park pavilion and is meant to be open seating for the performance stage area. It can also be used for memorial gatherings in alignment with the future memorial, open picnic space related to the main pavilion, an open skating area (if desired), and can be secured with temporary fence for some park events. Recreational Amenities: • Skate Park: The skate park is shown being relocated along Fitzgerald Ave by the City Hall parking lot. • Memorial: A future memorial is shown in alignment with the main walkway to City Hall and can utilize the open lawn area for memorial events. • Main Pavilion: The pavilion is intended to be further design development with an architect to determine final programming and space requirements but for the purpose of the Page 3 K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx master plan is identified as a multi-purpose building with restrooms, storage space, open air picnic shelter space, a potential internal meeting / activity room, potential vending area or small kitchen, and has an exterior space to act as a performance stage that is aligned with the memorial and City Hall axis. There are external plaza spaces on either side of the building for outdoor seating and gathering. Additional storage is available with a shed along the NW parking lot. • Fire Pit: There are two locations shown for a community fire pit, and potentially both locations could be developed. o The larger community fire pit overlooks the main lawn space and has retaining walls that act as seating while creating wooded islands on either side. o The smaller fire pit is located on the east end of the pavilion and overlooks the smaller open lawn space. • Inclusive Playground: The playground has several pods to allow for a larger space dedicated to a destination playground that is inclusive for varying abilities, challenge levels and sensory stimulation. A central plaza space with seating and shade is located within the playground and ornamental fencing is placed along the exterior perimeter for safety enhancements. • Community Sports Pad: The sports pad is a possible future element, depending on budgetary constraints and recreational needs, and is a placeholder in the current plan. The space is large enough to develop a double tennis court which is also large enough to consider pickleball, basketball or other court combinations. • Splash Pad / Interactive Fountain: While the previous master plan indicated space for a splash pad, the current plan has eliminated this as an option due to high costs and current water use goals, but has considered the potential for a future interactive fountain in the seating plaza space on the west side of the main pavilion if needs dictate. ORDINANCE NO. _____ CITY OF HUGO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA, RELATING TO AND REGULATING TARGETED PICKETING IN RESIDENTIAL NEIGHBORHOODS IN THE CITY OF HUGO WHEREAS, the City Council finds that targeted residential picketing in front of or about a residential dwelling causes emotional distress to the dwelling occupants, obstructs and interferes with the free use of public rights-of-way and has as its object the harassment of the dwelling occupants; and, WHEREAS, the City Council further finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedom of speech and expression; and, WHEREAS, the protection and preservation of the home is the keystone of democratic government; the public health and welfare and the good order of the community require that members of the community enjoy, in their homes and dwellings, a feeling of wellbeing, tranquility and privacy and, when absent from their homes and dwellings, carry with them the sense of security inherent in the assurance that they may return to the enjoyment of their homes and dwellings; the practice of picketing before or about residences and dwellings causes emotional disturbance and distress to the occupants, obstructs and interferes with the free use of public sidewalks and public ways of travel; such practice has as its object the harassing of such occupants and, without resort to such practice, full opportunity exists, and under the terms and provisions of this section, will continue to exist for the exercise of freedom of speech and their constitutional rights; and that the provisions hereinafter enacted are necessary for the public interest to avoid the detrimental results herein set forth. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, HEREBY ORDAINS AS FOLLOWS: SECTION 1. DEFINITIONS. For the purpose of this section, the term "targeted residential picketing" means: (1) Marching, standing, or patrolling by one or more persons directed solely at a particular residential building in a manner that adversely affects the safety, security, or privacy of an occupant of the building; or (2) Marching, standing, or patrolling by one or more persons which prevents an occupant of a residential building from gaining access to or exiting from the property on which the residential building is located; or (3) Standing, marching, patrolling or picketing by one or more persons focused in front of or adjacent to a particular residential dwelling without the consent of that dwelling's occupants. SECTION 2. PURPOSE. The city has an interest in the protection of residential privacy, the wellbeing and tranquility of the home, and protecting citizens from unwanted speech when they are a captive audience within their homes. The city council finds that, without resorting to targeted residential picketing, ample opportunities exist for those otherwise engaged in targeted residential picketing to exercise constitutionally protected freedoms of speech and expression. SECTION 3. PROHIBITED ACTIVITY. No person shall engage in targeted residential picketing within the City. SECTION 4. VIOLATION/PENALTY. Every person convicted of a violation of any provision of this Ordinance shall be guilty of a misdemeanor. SECTION 5. SEVERABILITY. Should any section, subdivision, clause or other provision of this Ordinance be held to be invalid by any court of competent jurisdiction, such decision shall not affect the validity of the Ordinance as a whole, or of any part thereof, other than the part held to be invalid. SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect and be in force from and after its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON ______________________, 2020. ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk 19/3/2020 12:26 PMHugo City CouncilSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30September 2020Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31October 2020September 2020Aug 3031Sep 123456789101112Labor Day (United States)7:00pm Council Meets6:30pm BOZA7:00pm Planning Comm131415161718194:00pm Midyear Budget Workshop (https://us02web.zoom.us/j/87849702373) 5:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm202122232425267:00pm Council Meets5:00pm Burger Night (Legion)6:30pm BOZA7:00pm Planning Comm27282930Oct 123SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 29/3/2020 12:26 PMHugo City CouncilSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31October 2020Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2020October 2020Sep 27282930Oct 1238:00am Clean up Day (Public Works)456789107:00pm Council Meets6:30pm BOZA7:00pm Planning Comm11121314151617181920212223247:00pm Council Meets5:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm6:30pm BOZA7:00pm Planning Comm252627282930315:00pm Burger Night (Legion)Halloween (United States)SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY