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2020.08.17 CC Packet
Meeting 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 # 854 2763 2453 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. August 3, 2020 Council Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Carnelian-Marine-St. Croix Update – Administrator Mike Isensee 2. Update on COVID-19 City Response and Approve Resolution Approving Grant Agreement for Election Expenses G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approve Claims Roster 2. Approve Annual Performance Review for Public Works 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 Plat/Development Agreement, Easement Vacation, CUP Amendment, and Site Plan Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, AUGUST 17, 2020 – 7 P.M. H. PUBLIC HEARING 1. Drainage and Utility Easement Vacation for Hugo Gardens Apartments I. UNFINISHED BUSINESS 1. Approve Final Plat and Development Agreement for Hugo Gardens Apartments 2. Receive Bids and Award Contract for Public Works Facility J. NEW BUSINESS 1. None Scheduled K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Update M. ADMINISTRATIVE PRESENTATIONS 1. None Scheduled N. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING MONDAY AUGUST 17, 2020 D.1 Minutes for the August 3, 2020 Council Meeting Staff recommends Council approve the above meeting minutes as presented. F.1 Carnelian-Marine-St. Croix Update – Administrator Mike Isensee Administrator Mike Isensee will provide Council an update on activities at the Carnelian- Marine-St. Croix Watershed District. F.2 Update on COVID-19 City Response and Approve Resolution Approving Grant Agreement for Election Expenses City Administrator Bryan Bear will provide an update on the City’s response to the COVID pandemic and request approval of a resolution approving a grant agreement with Washington County for Election expenses. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Worker Matt Klein Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Public Works Director Scott Anderson recommends Council approve the Annual Performance Review for Public Works Worker Matt Klein. G.3 Approve Promotion of Tim Olson, William Lusk, and Jake Jorgenson to Firefighter Status Tim Olson, William Lusk, and Jake Jorgenson have completed all of the necessary probationary training and requirements to be promoted to Firefighter. Fire Chief Kevin Colvard recommends Council approve the promotion of Tim, William, and Jake effective August 1st 2020. G.4 Approve Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project CB&I, LLC, has submitted Pay Voucher No. 12 for the Water Tower No. 4 Improvement Project for work certified through July 31, 2020. Staff recommends Council approve Pay Voucher No. 12 in the amount of $175,218.00. G. 5 Approve Resolution for Variance Request from the Shoreland Overlay District Setback Requirements at 6930 170th St. N. Lori Schuman has applied for a variance from the Shoreland Overlay District setback requirements for a proposed detached deck at 6930 170th Street North. The request is to allow the deck to be setback 90 feet from the ordinary high water mark of Horseshoe Lake, where 200 feet is required. The Board of Zoning will review the request and hold a public hearing at their regularly scheduled meeting on August 13, 2020. Staff will provide a memo to the City Council with the recommendation from the Board prior to their meeting on August 17, 2020. G. 6 Approve resolution for variance request from the Shoreland Overlay District setback requirements at 6900 170th St. N. Pamela Oman has applied for a variance from the Shoreland Overlay District setback requirements for a proposed accessory building at 6900 170th Street North. The request is to allow the accessory building to be setback 120 feet from the ordinary high water mark of Horseshoe Lake, where 200 feet is required. The Board of Zoning will review the request and hold a public hearing at their regularly scheduled meeting on August 13, 2020. Staff will provide a memo to the City Council with the recommendation from the Board prior to their meeting on August 17, 2020. G.7 Approve CUP Amendment for Boat Rental at 4444 129th Street Katherine and Benjamin Robinson are requesting approval of a conditional use permit 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 been on the property for decades with a few different owners. Most recently there was a special use permit approval for the site in 1993 outlining the conditions it shall operate under. The applicant has a contract with the existing owner Marty Weber to purchase the property and run the business. They are asking to clean up and revise the existing permit to remove conditions that are no longer applicable and to add a different mix of types of boats they are proposing to rent. Staff recommends approval of the CUP amendment, subject to the conditions listed in the resolution. The application will be considered at the Thursday, August 13, 2020, Planning Commission meeting. Staff will update the City Council on the Planning Commission’s discussion and recommendation prior to the August 17, 2020, City Council meeting. G.8 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, is requesting approval of a preliminary plat, final plat, easement vacation, CUP amendment, and Site Plan on property located at 13676 Fenway Blvd. N. The plats include 2 lots and 1 outlot. The easement vacation is for the relocation of utilities. The CUP amendment is for revisions to the campus development, which allows more than 1 building on the property. The site plan is for a 27,100 square foot office/warehouse building. 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 remain the same with this request. Staff recommends approval of the preliminary plat, CUP amendment, site plan, and easement vacation application from Victor Land Holdings, LLC. The application will be considered at the Thursday, August 13, 2020, Planning Commission meeting. Staff will update the City Council on the Planning Commission’s discussion and recommendation prior to the August 17, 2020, City Council meeting. H.1 Public Hearing on Drainage and Utility Easement Vacation for Hugo Gardens Apartments Hugo Garden Apartments, LLC, is requesting a vacation of the existing drainage and utility easement located over Outlot B, LaValle Fields, on property west of Lions Park. The lot will be final platted for the development of Hugo Gardens. New drainage and utility easements will be placed on the lots at the time the final plat is recorded. Staff is comfortable with the applicant’s requests to vacate the drainage and utility easements. Staff recommends that the City Council approve the notice to vacate the drainage and utility easement located over Oulot B, LaValle Fields. I.1 Approve Final Plat and Development Agreement for Hugo Gardens Apartments Hugo Garden Apartments, LLC is requesting approval for final plat and development agreement for “Hugo Gardens” to allow construction of 84 apartment units in seven buildings on property located west of Lions Park. The property is part of LaValle Fields PUD and Outlot B will be platted as a single lot to accommodate the new apartments. Staff recommends approval of the applications, subject to the findings and conditions listed in the resolutions and development agreement. I.2 Receive Bids and Award Contract for Public Works Facility Bids for the Public Works facility project were received on August 11, 2020. Sixteen bids were received with the low bid being submitted by Ebert Construction. The bidding documents included six alternates. Public Works Director, Scott Anderson, and Project Architect, Jeff Oertel, will provide Council with the results of the bid opening and review the six alternates. Staff is recommending the award of a contract to Ebert Construction for the Base Bid and six alternates the amount of $9,253,560. L.1 Yellow Ribbon Network Update Council Member Chuck Haas and Council Member Phil Klein will report to Council on the recent activities of the Yellow Ribbon Network. N.1 Adjournment Meeting held remotely pursuant to MN Statute Sec. 13D.021. ZOOM Meeting ID # 845 8658 9285 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, Finance Coordinator Anna Wobse, PRESENT AT CITY HALL: City Administrator Bryan Bear, City Clerk Michele Lindau Approval of Minutes for the July 20, 2020 City Council Meeting Miron made motion, Haas seconded, to approve the minutes for the City Council meeting held on July 20, 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. Update on COVID-19 City Response City Administrator Bryan Bear talked about the most recent Executive Order 20-81 regarding the mask mandate. Face Coverings are required to enter City buildings; however there were some exceptions, and the City had updated its COVID-19 plan. He explained that business was occurring as normally as possible with the exception that there were no peddlers permits allowed. Meetings are virtual, and the City was working on upgrades to allow for hybrid meeting. Permits and plan submissions were now available. He talked about Executive Order 20-82 regarding schools which contained three models- in class, distance learning, and a hybrid model based on COVID cases. The Forest Lake School District planned on in-person in the elementary schools and a hybrid model for middle school and high school. Stillwater schools would be starting one week late. White Bear and Mahtomedi School Districts were still working on their plan, but it was expected to be a hybrid model. Adjustments would occur during the school year as the numbers changed Finance Coordinator Anna Wobse presented information on the CARES Funding Budget. Last month the City received $1.1 million dollars to help offset the financial impact of the COVID outbreak. She provide background on the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) which was created by the Coronavirus Relief Fund (CRF) which allocated $150 Minutes HUGO CITY COUNCIL MEETING REMOTE MEETING MONDAY, AUGUST 3, 2020 – 7 P.M. Hugo City Council Meeting Minutes for August 3, 2020 Page 2 of 6 billion for direct assistance to state governments based on their populations. On June 25, 2020, Governor Watz distributed $841 million dollars of that money to county, cities, and townships for Corona related virus expenses. Cities with a population of 200 or more were allowed to receive $75.43 per capita. On June 29, 2020, the City submitted the certification form to the Department of Revenue certifying the City’s intent to comply with the eligible use parameters outlined in the CARES Act and requesting distributions of the City’s portion. On July 7, 2020, the City received $1,148,713 from the MN Department of Revenue and has until November 15, 2020 to spend the funds on eligible expenses. After that the unspent funds needed to be sent to the County. She provided details on the eligible purposes for CFR payments. The Finance Department had prepared a proposed supplemental budget that met the criteria set forth by the US Treasury Department. Included in the proposed budget were expenses for personal protection, telework, audio visual and permitting upgrades. Reimbursement of cost will also occur for employees pulled away from their regular duties to respond to the virus and for public safety employees whose work was dedicated to addressing the public health emergency. Wobse explained the budget was broken down between hard and soft costs, and staff had not budgeted funds for small business grants because of the amount of support coming from other layers of government, including Washington County who had allocated $10 million of their funds to assist small businesses. St. Johns Hospital had submitted a request for $32,000 of the City’s funds to cover non-reimbursable costs related to the virus. Wobse asked that Council discuss donations to local hospitals and businesses and to provide details about a grant program and establish dollar amounts. Staff would then adjust the draft budget. She asked that Council then approve the resolution adopting the CARES Act Funding Budget. Haas said it would be a huge mistake to only fund City expenses already covered by the tax levy and not leave any funds available for small business that have had tremendous hardships. Miron responded that businesses could participate in multi-layers of grant programs from the federal, state, and county government. He asked how the process worked in terms of quantifying expenses and if it would only apply to additional expenses beyond what businesses have already received funding for. Bear responded that it was all federal money to be used for expenses related to the corona virus. Expenses would need to be documented and shown they had not already been reimbursed. If the City implemented a program, the City would need to make sure they were not already covered by another program. Miron said he was in favor of allocating resources for a grant program if the process was simple. He asked if staff was working with business on existing grant programs, and if the resolution was modified tonight to allocate money for small business grants and the City found there were not enough applications to use it, could another resolution passed to reallocate back to the proposed budget. Bear responded that the business community had not been reaching out to the City. Businesses had been successful in receiving other resources that were made available. Bear suggested if the City created its own program, it should be vetted by the EDA and should be easy to administer Hugo City Council Meeting Minutes for August 3, 2020 Page 3 of 6 and applied for. If the City did not receive enough applications for the available funding, there was enough flexibility in the resolution to adjust it back. Haas said had contacted some of the small businesses, and few of the businesses are hurting financially and didn’t have the resources to apply for the funding. Any program the City created would have to be simple. Weidt said he felt it was worth taking the time to have the EDA discuss it and find out what needs are out there. He added that the City had until November 15, 2020, to use the funds, and needed to find the best way to spend them. Weidt made motion, Klein seconded, to table and direct staff to have a discussion with the EDA, have staff for come up with ideas on a grant program for local business, determine what the need is and how the City can meet that need for local businesses, local food shelf, etc., and bring this information back to Council. Roll call vote – all ayes. Motion carried. Consent Agenda Petryk made motion, Klein seconded, to approve the following consent agenda: 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 Mechanic Dave Greeder Dave Greeder was hired by the City of Hugo as the mechanic in the Public Works Department on August 8, 2005. Adoption of the Consent Agenda approved the annual performance review for Public Works Mechanic Dave Greeder. Approve Annual Performance Review for Public Works Director Scott Anderson Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering Technician, and on August 5, 2008, Scott was promoted as the City’s Public Works Director. Adoption of the Consent Agenda approved the annual performance review for Public Works Director Scott Anderson. Approve Annual Performance Review for Public Works Lead Worker Mike Loeffler Mike Loeffler was hired as a Maintenance Worker for the City of Hugo’s Public Works Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public Hugo City Council Meeting Minutes for August 3, 2020 Page 4 of 6 Works Lead Worker. Adoption of the Consent Agenda approved the annual performance review for Public Works Lead Worker Mike Loeffler. Approve Automatic Aid/Mutual Aid Agreement with Lino Lakes The Hugo Fire Department requested approval from Council to enter into an Automatic Aid Agreement with Lino Lakes for use of fire personnel and equipment. This agreement would authorize the joint and cooperative exercise of powers between the fire departments. Adoption of the Consent Agenda approved the Automatic Aid/Mutual Aid Agreement between the cities of Hugo and Lino Lakes for the dispatch and use of fire personnel and equipment. Approve Comprehensive Stormwater Management Plan Kendra Fallon, WSB Water Resources Engineer, explained the Comprehensive Stormwater Management Plan (CSMP) describes and tracks a system of regional volume reduction projects (primarily runoff reuse for irrigation) that generate volume reduction credits. The City of Hugo intends to use these credits in lieu of stormwater Best Management Practices (BMPs) on select roadway and redevelopment projects. RCWD rules allow stormwater management projects to be implemented off-site of a development or road improvement project, as long as they are in the same Resources of Concern drainage area. The City of Hugo can develop and implement regional projects and apply the water quality credits generated by the projects to future roadway improvements or land development activities. Projects that have already been implemented are included in this document. These generated credits will offset the initial capital cost of these water reuse projects by decreasing the stormwater management costs of future roadway improvement projects. The City can also sell these credits to a developer where onsite stormwater Best Management Practices have difficulty being met onsite. Staff had been working with RCWD on this plan and will bring it to their Board workshop on August 10, and to the meeting on August 12, 2020, for approval. Miron commented that it was a good creative approach to what the City had been trying to implement. Water conservation was the main focus of what the City was trying to do, and this was a great way to add value. Fallon shared with Council that so far there were 100 credits generated at approximately $18,000 per credit. Weidt stated it was a good by-product of what the City was trying to do. The City took on water conservation efforts as a way to be in front of using the resource properly and conserving it when possible. The City was able to stay within bounds and not use water for unnecessary items. The City found a way to reuse rainwater for irrigation and had saved nearly 20 million gallons and will continue to do that. This would allow the City to grow and be prudent with water usage and resources. Haas commented on the strategic value of it. The national wetland surveys showed almost half of Hugo was underwater. If the City didn’t take valuable upland areas for business uses but instead used stormwater ponding because of the credit system and plan, there was tremendous value and opportunities on the limited land available to them. Hugo City Council Meeting Minutes for August 3, 2020 Page 5 of 6 Klein asked if the credits accumulated over time. If the City uses them year after year, could they be replace in the future. Kendra explained there was a onetime allotment of credits for each of the systems. If the City did additional monitoring on the system for three years and showed they were getting more irrigation out of the irrigation systems than what was originally permitted, additional credits could be created. Miron asked if the RCWD was only considering the systems the City had on-line now, and would the RCWD automatically credit the City for additional systems built. Fallon replied that they would, and the City would be given an annual update. Mark added that the City intended to utilize these credits but could sell to developments that can’t meet the requirements. The City’s road projects were challenging, and the City could reduce the cost of road projects by using these credits. He also pointed out that if credits were generated in one area, they needed to be utilized in the same area. Weidt made motion, Petryk seconded, to approve RESOLUTION 2020-36 APPROVING THE CITY OF HUGO COMPREHENSIVE STORMWATER MANAGEMENT PLAN. Roll call vote – all ayes. Motion carried. Update on Yellow Ribbon Network Council Member Chuck Haas and Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Five hundred pounds of care package items were sent to Africa, which brings the total items shipped since 2012 to over 60,000 pounds. On Sunday, the YRN would be hosting a deployment event with the Stillwater YRN for approximately 150 soldiers, and Haas thanked the donators and volunteers. Members of the National Guard would be deployed over the next week, and they looked forward to hosting them. The YRN partnered with the St. Paul YRN to provide a plumber for repairs, and members of Wild Wings were donating pheasants to soldiers in St. Cloud. Reschedule the September 7, 2020 City Council Meeting to Tuesday, September 8, 2020 Each year, the Hugo City Council has to reschedule its first meeting in September due to the Labor Day Federal Holiday. City Administrator Bryan Bear recommended Council reschedule their regular Council meeting on Monday, September 7th to Tuesday, September 8th due to the Labor Day Holiday. Miron made motion, Klein seconded, to reschedule the first meeting in September to Tuesday, September 8, 2020. Roll call vote – all ayes. Motion carried. Hugo City Council Meeting Minutes for August 3, 2020 Page 6 of 6 Adjournment Klein made motion, Haas seconded, to adjourn at 7:55 p.m. Roll call vote – all ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk Carnelian-Marine-St. Croix Watershed District Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150 Wade Johnson, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary Eric Lindberg, Manager ● Andy Weaver, Manager CMSCWD Brief Summary of Accomplishments 2010-2019 Capital Improvement Projects Working closely with local units of government and landowners, the CMSCWD completed 6 large water quality improvement projects and will be completing 2 more by the end of 2021. In total, these projects will reduce phosphorus loading to water resources by 187 lbs. each year for the next 30 years. One pound of phosphorus can grow 500 pounds of algae. Inspections and Maintenance The District partners with the Washington Conservation District (WCD) to inspect and maintain 14 District water quality improvement projects constructed by the District over the last 20 years. Assisting Landowners Working partnership with the WCD, the CMSCWD provided technical assistance to 290 landowners and helped landowners complete 72 voluntary water quality improvement projects on private lands. Permit Program The majority of CMSCWD permits over nine years were for single family residential shoreland properties. Shoreland property owners frequently worked with the CMSCWD to safeguard or improve water quality during redevelopment, new development, or shoreline stabilization projects. In total the CMSCWD assisted landowner in meeting the standards for 176 projects within the watershed and completed 14 after the fact permit actions. Aquatic Invasive Species Aquatic invasive species have a large impact on the health and recreational use of local water resources. Since 2016 the CMSCWD has partnered with Washington County to increase public boat ramp inspections at seven locations within the CMSCWD. In total the District and its partners have increased watercraft inspections by 3,680 hours from 2016-2019. Year Project 2012 Goose Lake Ravine Stabilization Silver Creek Ravine Stabilization 2014 197th St. Ravine Stabilization 2015 Sand Lake Iron Enhanced Sand Filter 2017 Marine on St. Croix Bioretention Basins and Pine-Robert Iron Enhanced Sand Filter 2019 Goose Lake Iron Enhanced Sand Filter 2020- 2021 Marine Ravine Stabilization Marine on St. Croix Town Center Basins Working in partnership with Lake Associations and landowners, the District has supported efforts to control Eurasian Water Milfoil on Long Lake and Big Marine Lake. In total, Eurasian Water Milfoil (EWM) has been decreased by 48 acres in the two lakes. Monitoring Water quality and level monitoring is conducted by the WCD and guided by the District’s 10-year monitoring plan. Annual monitoring of Silver Creek is supported through a grant with the Metropolitan Council. Monitoring data is critical for effective and efficient management of water quality and predicting flood risks within the watershed. Annual monitoring results are available to the public at http://www.cmscwd.org/programs/water-monitoring Education and Outreach In partnership with the East Metro Water Resource Education Program the CMSCWD supported the publication of education materials and hosting of workshops and events focused on water quality. Over nine years, this partnership has resulted in 468 weekly articles published, information and knowledgeable staff at 153 events, over 90 water focused workshops and over 20 clean up event. Additionally, the District benefits from two Master Water Stewards and six Aquatic Invasive Species Detectors trained though initiatives funded by this partnership. Operations and Maintenance CMSCWD and WCD staff regularly inspected and maintained the Silver Creek and Carnelian Creek drainage ways. Regular clearing of accumulated obstructions and beaver dams prevents localized flooding along these corridors. Planning The District completed five required water management plans that guide the goal of water management and restoration of water resources within the watershed. Federal and State Grants Careful planning, science based decision making, and collaborative partnerships resulted in the District successfully securing 14 state and federal grants totaling $1.1 million over the last 9 years. Year Plan 2011 10 Lakes Total Maximum Daily Load (East Boot, Fish, Goose, Hay, Jellum’s, Long, Loon, Louise, Mud South Twin Lakes) 2013 Sand and Long Lakes Diagnostic Studies 2015 Watershed Management Plan Major Amendment 2016 Watershed Management Plan Amendment and Terrapin, Mays Diagnostic Studies 2017 Square Lake Trout Stocking Study 2018 Streams Bacterial Assessments (Carnelian, Gilberts, Swedish Flag Creeks) 2020 Lower St. Croix One Watershed One Plan Above: Reduction of 13.6 acres of EWM on Long Lake. Below: Reduction of 34.8 acres of EWM on Big Marine Lake. RESOLUTION 2020-37 RESOLUTION APPROVING GRANT AGREEMENT WITH WASHINGTON COUNTY TO RECOVER ADDED EXPENSES INCURRED WITH THE 2020 ELECTION PROCESS DUE TO THE COVID-19 PANDEMIC WHEREAS, the COVID-19 Pandemic requires additional efforts to make the election process safe, sanitary and effective; and WHEREAS, the Office of the Minnesota Secretary of State is currently soliciting grant applications from counties for grants pursuant to Laws 2020, Chapter 77, section 4 and the federal CARES Act; and WHEREAS, grants will be provided to each county pursuant to a formula set forth in the grant application provided by the Office of the Minnesota Secretary of State; and WHEREAS, the funds provided by the Office of the Minnesota Secretary of State are provided for the purpose of the uses set forth in the federal CARES Act and as further restricted by Laws 2020, chapter 77, section 4, subdivision 4; and WHEREAS, those purposes are primarily for the protection of persons involved with the election process including voters, as well as certain other purchases set forth in law; and WHEREAS, the county will work with the municipalities within the county to determine a fair, equitable, and mutually agreeable allocation of the funds within the county and between municipalities for the funds to be distributed pursuant to the Office of the Minnesota Secretary of State identified default allocation formula as determined by the Secretary; and WHEREAS, Laws 2020, Chapter 77, section 4 requires a 20% match for the grant; and WHEREAS, Washington County administers the absentee voting process for all municipalities and incurs substantial costs associated with this commitment, and WHEREAS, additional county costs for absentee balloting due to COVID-19 will be between $330,000 and $400,000 for the 2020 State Primary and General elections; and THEREFORE, BE IT RESOLVED that the City of Hugo agrees to the allocation of funds in the maximum amount of $6,129.66: and BE IT FURTHER RESOLVED, that the City of Hugo hereby appropriates the required match amount of 20% as set forth in the grant application; and BE IT FURTHER RESOLVED, in the event all of the appropriated funds indicated above are not spent or not spent in accordance with the grant requirements, that the remaining funds be made available for Washington County to claim for costs associated with the absentee ballot process; and Resolution 2020-37 Page 2 BE IT FINALLY RESOLVED, that the chief elections officer of the City of Hugo is hereby authorized to submit the required expenditure report to Washington County as a claim for reimbursement up to the maximum appropriation listed above. ADOPTED by the City Council of the City of Hugo, Minnesota this 17th day of August, 2020. APPROVED: __________________________ Tom Weidt, Mayor ATTEST: ________________________ Michele Lindau, City Clerk K:\03288-190\Admin\Construction Admin\Pay Vouchers\03288-19 LTR PV12 073020.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 31, 2020 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Construction Pay Voucher No. 12 Water Tower No. 4 City of Hugo, MN WSB Project No. 03288-190 Dear Mayor and Council Members: Please find enclosed Construction Pay Voucher No. 12 for the above referenced project in the amount of $175,218.00. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 12 for CB&I, LLC. The amount indicated above reflects work certified through July 31, 2020, with a 5% retainage applied. Please include one executed copy with the payment to CB&I, LLC and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at (651) 286-8463. Thank you. Sincerely, WSB Mark Erichson, PE Sr. Project Manager Enclosures cc: Scott Anderson, City of Hugo Heather Blume, CB&I, Inc. kkp CITY OF HUGO 14669 Fitzgerald Avenue North Hugo, MN 55038 Project 03288-190 - Water Tower No. 4 Pay Voucher No. 12 Contractor: CB&I, LLC City Project No. NA PO Box 84627 For Period: 7/03/2020 -07/31/2020 Dallas, TX 75284-6217 Contract Amounts Original Contract 3,510,500.00$ Contract Changes (27,500.00)$ Revised Contract 3,483,000.00$ Work Certified to Date Base Bid Items 2,831,158.45$ Backsheet 0 Change Order 0 Supplemental Agreement 0 Work Order 0 Material on Hand 0 Total 2,831,158.45$ Less Amount Retained Less Previous Payments Amount Paid This Pay Voucher Total Amount Paid to Date 141,557.92$ 2,514,382.53$ 175,218.00$ 2,689,600.53$ Percent retained 5% Amount Paid This Pay Voucher 175,218.00$ Approved By: WSB Approved By: CB&I, LLC Project Engineer Contractor Date Date Approved By: City of Hugo City of Hugo Date Work Certified This Pay Voucher Work Certified to Date 184,440.00$ 2,831,158.45$ This is to certify that the items of work shown in this certificate of Pay Voucher have been actually furnished for the work comprising the above mentioned projects in accordance with the plans and specifications heretofore approved. Page 1 of 3 K:\03288-190\Admin\Construction Admin\Pay Vouchers\ 03288-190 PV12 0730209 Cover 07/30/20July 31, 2020 PROJECT PAYMENT STATUS OWNER: CONTRACTOR: Project 03288-190 - Water Tower No. 4 CHANGE ORDERS No. Date Amount 1 07/02/19 ($22,000.00) 2 07/14/20 ($5,500.00) Total Change Orders ($27,500.00) PAYMENT SUMMARY Current Total Total Amount No. From To Payment Retainage Earned 1 12/18/19 02/15/19 2 02/16/19 04/30/19 3 05/01/19 06/01/19 4 06/01/19 07/01/19 5 07/02/19 08/23/19 6 08/24/19 09/30/19 7 09/30/19 12/19/19 8 12/20/19 02/28/20 9 02/29/20 04/14/20 10 04/15/20 06/02/20 11 06/03/20 07/02/20 12 07/03/20 07/31/20 Material on Hand Original Contract $3,510,500.00 Change Orders ($27,500.00) Total Amount Earned to Date Revised Contract Amount $3,483,000.00 CITY OF HUGO $2,831,158.45 $402,779.28 $70,031.45 $2,689,600.53 $129,630.12 $12,508.17 Mega-Lug Series connections and change to shop blast and prime $450,618.96 $48,832.54 $976,650.76 $226,852.70 $81,971.06 $1,400,628.94 Total Retainage to Date $49,780.00 $132,335.92 $502,315.00 $2,646,718.45 $141,557.92 $239,544.04 $1,639,421.25 $1,720,053.45 $1,958,460.78 $2,084,495.78 $76,600.59 $226,486.96 Total Payment to Date $25,115.75 Eliminate seepage pit and reduce 18" RCP pipe $108,025.09 $5,685.53 $113,710.62 $250,163.36 $119,733.25 $97,923.04 $104,224.79 $2,594,318.45$484,331.54 $86,002.67 $129,715.92 CB&I, LLC $175,218.00 $141,557.92 $2,831,158.45 Description Page 2 of 3 K:\03288-190\Admin\Construction Admin\Pay Vouchers\ 03288-190 PV12 0730209 Summary Pay Voucher No. 12OWNER:7/03/2020 -07/31/2020CITY OF HUGOCONTRACTOR:CB&I, LLCProject 03288-190 - Water Tower No. 4# Item UnitsContract QtyUnit PriceContract AmountQuantity This Pay VoucherAmount This Pay VoucherQuantity to DateAmount to Date1LUMP SUM BID WITH BID ALTERNATE 2 - ALTERNATE INTEGRATORLS 1 $3,248,875.00 $3,248,875.00 0.0568 184,440.00$ 0.837 2,718,708.45$ 2CIP 12" CONCRETE PILING DELIVEREDLF 5850 $40.00 $234,000.00 -$ 2340 93,600.00$ 3CIP 12" CONCRETE PILING DRIVENLF 5850 $2.50 $14,625.00 -$ 2340 5,850.00$ 4CIP 120' DEEP - 12" CONCRETE TEST PILEEACH 1 $13,000.00 $13,000.00 -$ 1 13,000.00$ TOTAL $3,510,500.00 184,440.00$ 2,831,158.45$ AMOUNT EARNED THIS VOUCHER 184,440.00$ DETAIL SHEETPage 3 of 3 CB&I LLC - Steel Plate Structures INVOICE NO.235318-12 MAIL TO:SOLD TO:APPLICATION NO.12 WSB Engineering City of Hugo, MN INVOICE DATE 07/30/20 178 East 9th St. Suite 200 14669 Fitgerald Ave DUE DATE 08/29/20 St. Paul, MN 55101 Hugo, MN 55038 TERMS Net 30 A/P VENDOR NO.0 Attn: Greg Johnson Scott Anderson Ph. 612-209-0140 651-762-6326 Work From Date:07/03/20 Email:gjohnson@wsbeng.com sanderson@ci.hugo.mn.us Work Thru Date:07/31/20 Hugo, MN CBI Contract No.374235318 03288-190 CBI Customer No.9334058 Project Manager Lance Jansen DESCRIPTION Original Contract Price $3,510,500.00 1500 MG CET/ 81' x 45'HR'TWR (146.333' TCL - HOISTED)Change Order ($27,500.00) Total Contract Price $3,483,000.00 Schedule of Values UNITS OF MEASURE TOTAL UNITS TOTAL PRICE TOTAL UNITS OR % COMPLETE AMOUNT DUE 1 INSURANCE AND BONDS LS 1 $79,500.00 100%$79,500.00 2 ENGINEERING & APPROVAL LS 1 $346,500.00 95.0%$329,173.45 3 TANK MATERIAL LS 1 $502,300.00 100%$502,300.00 4 TANK FABRICATION & SHIP LS 1 $517,275.00 100%$517,275.00 5 SITE PREPARATION / MOBILIZATION OF EQUIPMENT LS 1 $20,000.00 100%$20,000.00 6 CIP 12" CONCRETE PILING DELIVERED LF 5850 $234,000.00 2340.00 $93,600.00 6.1 CIP 12" CONCRETE PILING DRIVEN LF 5850 $14,625.00 2340.00 $5,850.00 6.2 CIP 120' DEEP=12" CONCRETE TEST PILE EACH 1 $13,000.00 1.00 $13,000.00 7 DRILLED PIER INSPECTION LS 1 $20,000.00 100%$20,000.00 8 FOUNDATION CONSTRUCTION LS 1 $468,600.00 100%$468,600.00 9 SHAFT ERECTION LS 1 $420,300.00 100%$420,300.00 10 TANK ERECTION LS 1 $209,600.00 100%$209,600.00 11 TANK HOIST / ROOF LS 1 $95,000.00 100%$95,000.00 12 TANK PAINT - AIR LS 1 $422,300.00 20%$84,460.00 13 STERILIZE AND TEST LS 1 $1,000.00 0%$0.00 14 ELECTRICAL LS 1 $125,200.00 0%$0.00 15 FINAL SITE WORK LS 1 $21,300.00 0%$0.00 CO1 Credit LS 1 ($22,000.00)100%($22,000.00) CO2 Credit LS 1 ($5,500.00)100%($5,500.00) $3,483,000.00 81%$2,831,158.45 Progress Completed to Date $2,831,158.45 Less: Retention 5%$141,557.92 Total Amount Billed to Date $2,689,600.53 Less: Amount Previously Invoiced $2,514,382.53 Current Amount Due $175,218.00 REMITTANCE / PAYMENT INFORMATION: Regular Mail:Overnight Mail:Harris Bank EFT Instructions: CB&I Storage Tank Solutions LLC BMO Harris Bank Account Name: CB&I Storage Tank Solutions LLC PO Box 675084 Attn: Conduent Processing Lockbox #675084 Bank: Harris Bank Dallas, TX 75267-5084 12720 Hillcrest Road, Suite #115 ABA No.: 071000288 Dallas, TX 75230 Swift Code: HATRUS44XXX Location: 111 West Monroe Street. Chicago, IL 60603 Acct Number: 2073252 Questions Regarding Invoices Contact: USAinvoicing@mcdermott.com INVOICE Job Location: 915 N. Eldridge Parkway, Floor 13 WSB # 235318CBI # Houston, TX 77079 CONTINUATION SHEET AIA DOCUMENT G703 PAGE 2 OF 2 PAGES AIA Document G702, APPLICATION AND CERTIFICATE FOR PAYMENT, containing CB&I INC. - INVOICE NUMBER:235318-12 Contractor's signed Certification is attached.APPLICATION NUMBER:12 in tabulations below, amounts are stated to the nearest dollar.APPLICATION DATE:07/30/20 Use Column 1 on Contracts where variable retainage for line items may apply.WORK FROM DATE:07/03/20 WORK THRU DATE:07/31/20 A B C E F G H I J K ITEM DESCRIPTION OF WORK TOTAL COST PER SCHEDULED WORK PREVIOUS WORK MATERIALS TOTAL TOTAL BALANCE PREVIOUS CURRENT TOTAL NO.OUANTITY UNIT VALUE FROM %COMPLETED PRESENTLY COMPLETED TO DATE TO FINISH RETAINAGE RETAINAGE RETAINAGE PREVIOUS (D div C)THIS PERIOD STORED AND STORED %( C - G )5%5%5% APPLICATIONS ( NOT IN TO DATE (G div.C) D OR E )( D + E + F ) 1 INSURANCE AND BONDS 1.00 $79,500.00 $79,500.00 79,500.00 100%0.00 79,500.00 100%0.00 3,975.00 0.00 3,975.00 2 ENGINEERING & APPROVAL 1.00 $346,500.00 $346,500.00 329,173.45 95.0%0.00 329,173.45 95.0%17,326.55 16,458.67 0.00 16,458.67 3 TANK MATERIAL 1.00 $502,300.00 $502,300.00 502,300.00 100%0.00 502,300.00 100%0.00 25,115.00 0.00 25,115.00 4 TANK FABRICATION & SHIP 1.00 $517,275.00 $517,275.00 517,275.00 100%0.00 517,275.00 100%0.00 25,863.75 0.00 25,863.75 5 SITE PREPARATION / MOBILIZATION OF EQUIPMENT 1.00 $20,000.00 $20,000.00 20,000.00 100%0.00 20,000.00 100%0.00 1,000.00 0.00 1,000.00 6 CIP 12" CONCRETE PILING DELIVERED 5,850.00 $40.00 $234,000.00 93,600.00 2340.00 0.00 93,600.00 2340.00 140,400.00 4,680.00 0.00 4,680.00 6.1 CIP 12" CONCRETE PILING DRIVEN 5,850.00 $2.50 $14,625.00 5,850.00 2340.00 0.00 5,850.00 2340.00 8,775.00 292.50 0.00 292.50 6.2 CIP 120' DEEP=12" CONCRETE TEST PILE 1.00 $13,000.00 $13,000.00 13,000.00 1.00 0.00 13,000.00 1.00 0.00 650.00 0.00 650.00 7 DRILLED PIER INSPECTION 1.00 $20,000.00 $20,000.00 20,000.00 100%0.00 20,000.00 100%0.00 1,000.00 0.00 1,000.00 8 FOUNDATION CONSTRUCTION 1.00 $468,600.00 $468,600.00 468,600.00 100%0.00 468,600.00 100%0.00 23,430.00 0.00 23,430.00 9 SHAFT ERECTION 1.00 $420,300.00 $420,300.00 420,300.00 100%0.00 420,300.00 100%0.00 21,015.00 0.00 21,015.00 10 TANK ERECTION 1.00 $209,600.00 $209,600.00 199,120.00 95%10,480.00 209,600.00 100%0.00 9,956.00 524.00 10,480.00 11 TANK HOIST / ROOF 1.00 $95,000.00 $95,000.00 0.00 0%95,000.00 95,000.00 100%0.00 0.00 4,750.00 4,750.00 12 TANK PAINT - AIR 1.00 $422,300.00 $422,300.00 0.00 0%84,460.00 84,460.00 20%337,840.00 0.00 4,223.00 4,223.00 13 STERILIZE AND TEST 1.00 $1,000.00 $1,000.00 0.00 0%0.00 0.00 0%1,000.00 0.00 0.00 0.00 14 ELECTRICAL 1.00 $125,200.00 $125,200.00 0.00 0%0.00 0.00 0%125,200.00 0.00 0.00 0.00 15 FINAL SITE WORK 1.00 $21,300.00 $21,300.00 0.00 0%0.00 0.00 0%21,300.00 0.00 0.00 0.00 CO1 Credit 1.00 -$22,000.00 -$22,000.00 (22,000.00)100%0.00 (22,000.00)100%0.00 (1,100.00)0.00 (1,100.00) CO2 Credit 1.00 -$5,500.00 -$5,500.00 0.00 0%(5,500.00)(5,500.00)100%0.00 0.00 (275.00)(275.00) 3,483,000.00 2,646,718.45 76%184,440.00 0.00 2,831,158.45 81.29%651,841.55 132,335.92 9,222.00 141,557.92 AIA DOCUMENT G703 - APPLICATION AND CERTIFICATE FOR PAYMENT - MAY 1983 - AIA*-1992 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVENUE, N.W., WASHINGTON, D.C. 20006 G703-1992 D Agenda Item: G.5 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Lori Schuman, 6930 170th Street North – Variance request from the Shoreland Overlay District setback requirements. DATE: August 13, 2020 for the City Council Meeting on August 17, 2020. ZONING: Future Urban Service (FUS). REVIEW DEADLINE: September 8, 2020. 1. BOARD OF ZONING UPDATE: The Board of Zoning is scheduled to review the variance request from Lori Schuman at its regularly scheduled meeting on August 13, 2020. The Board will also hold a public hearing at that time. Staff will provide a memo to the City Council with the recommendation from the Board prior to their meeting on August 17. 2020. 2. BACKGROUND AND DESCRIPTION OF REQUEST: The applicant is requesting a variance from the Shoreland Overlay District setback requirements for a proposed deck. The request is to allow a detached deck to be setback 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District. The property is 1.2 acres and is located within the Future Urban Service (FUS) zoning district. 3. LEVEL OF DISCRETION IN DECISION MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. Schuman Variance, 6930 170th Street North Page 2 4. ANALYSIS: A. Surrounding Land Use and Zoning The properties to the north, west, and south are zoned FUS and are occupied by single family homes. Horseshoe Lake is located to the east of the property. The surrounding properties are one to 12 acres in size. The area is classified as Low Density Residential in the 2040 Land Use Plan. B. Setback Requirement Variance The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of Horseshoe Lake however, the Minnesota DNR requires a 150 feet setback. The deck is proposed to be setback 90 feet from the OHW mark of Horseshoe Lake. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; By constructing a deck on the property, the applicant is proposing to use the property in a reasonable manner. No part of the property meets the shoreland setback requirements, therefore making a variance request necessary for any construction on the property. It is in staff’s opinion that it is reasonable to request a deck to be built on the property. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that the existing home on site is legal nonconforming to the shoreland setback requirements. The proposed detached deck is positioned to meet setback requirements from the existing well. Additionally, the surrounding properties also have buildings and accessory structures within similar distances to the OHW mark. Schuman Variance, 6930 170th Street North Page 3 c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory structures are common within this area and are allowed in the FUS zoning district. Many of the homes around Horseshoe Lake are legal nonconforming and do not meet shoreland requirements. According to the DNR regulations, water oriented accessory structures are permitted within the shoreland district and are allowed to be as close as 10 feet from the OHW mark. Decks are considered a water oriented structure if they are 250 square feet or smaller. Because the proposed deck is greater than 250 square feet, a variance is required. It is in staff’s opinion that there are practical difficulties in meeting the shoreland setback requirements. The property owner is proposing to use the property in a reasonable manner by constructing an accessory structure. The parcel’s proximity to Horseshoe Lake, as well as the existing home and well locations, limit the buildable area of a deck. Several homes and accessory structures on Horseshoe Lake do not meet the shoreland setback requirements and the proposed deck would not alter the character of the area. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance is to allow water oriented accessory structures on lakeshore properties as well as to allow decks of the proposed size. The proposed deck is a reasonable request and would be keeping with the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are allowed in the FUS zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. However, the deck will be required to meet building code regulations. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by well and septic systems. The applicant is required to meet setback requirements in relation to the well and septic system. Schuman Variance, 6930 170th Street North Page 4 7. CONCLUSION/ STAFF RECOMMENDATION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow a deck on the property. It’s in staff’s opinion that the applicant meets all the criteria necessary to approve the variance request. Staff recommends approval of the variance request from Lori Schuman, 6930 170th Street North, to allow deck to be setback 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. 8. BOARD OF ZONING RECOMMENDATION: The Hugo Board of Zoning will review the variance request at their regularly scheduled meeting on August 13, 2020. ATTACHMENTS: 1. Resolution 2. Location Map 3. Site Plan 4. Applicant Narrative 5. Deck Drawings RESOLUTION 2020-XX 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. WHEREAS, Lori Schuman has requested approval of a variance request to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District for the property legally described as follows: See attached. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on August 13, 2020, and recommends approval with the following findings and conditions: 1. The requested variance is permissible by law. 2. Because of circumstances unique to the property the applicant is proposing to use the property in a reasonable manner. 3. The setback variance on the applicant’s proposed detached deck would not noticeably alter the character of the area. 4. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 5. Detached decks are allowed in the Future Urban Service zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The sewage treatment system and water system of the subject property is in compliance with City and State codes. 8. The applicant must apply and receive a building permit prior to construction of the detached deck. 9. The detached deck shall meet all building code requirements. 10. The detached deck shall be setback at least three feet from the existing well. Resolution 2020-XX Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Lori Schuman to allow a detached deck to be setback approximately 90 feet from the ordinary high water (OHW) mark of Horseshoe Lake. ADOPTED by the City Council this 17th day of August, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 6930 170th Street North: 6930 170th Stre et N Location MapHugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\6900 170th Street - Oman.mxdSite Hors eshoe Lake Lori Schuman Narrative I am requesting a variance to build a detached deck on the rear of my home that is within the shoreland setback. The deck will be constructed out of composite decking and will be a total of 528 square feet in the shape of an L. There will be three areas to the deck. A 12x12 area, 16x8 area, 4 steps down to a lower deck that is 12x16. The odd shape is to maintain at least 3 feet from the well. The property sits entirely in overlay district and the house alone is very close to shoreland. My neighbors all have similar situations so it is not an unreasonable request. The deck will not affect drainage. The deck is designed in an L to avoid getting to close to the well. We will be more than 3 feet away. Agenda Item: G.6 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Pamela Oman, 6900 170th Street North – Variance request from the Shoreland Overlay District setback requirements. DATE: August 13, 2020 for the City Council Meeting on August 17, 2020. ZONING: Future Urban Service (FUS). REVIEW DEADLINE: September 5, 2020. 1. BOARD OF ZONING UPDATE: The Board of Zoning is scheduled to review the variance request from Pamela Oman at its regularly scheduled meeting on August 13, 2020. The Board will also hold a public hearing at that time. Staff will provide a memo to the City Council with the recommendation from the Board prior to their meeting on August 17, 2020. 2. BACKGROUND AND DESCRIPTION OF REQUEST: The applicant is requesting a variance from the Shoreland Overlay District setback requirements for a proposed accessory building. The request is to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District. There is an existing accessory building in generally the same location as the proposed accessory building. The applicant is proposing to replace the existing building. The property 0.8 acres and is located within the Future Urban Service (FUS) zoning district. 3. LEVEL OF DISCRETION IN DECISION MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. Oman Variance, 6900 170th Street North Page 2 4. ANALYSIS: A. Surrounding Land Use and Zoning The properties to the north, west, and south are zoned FUS and are occupied by single family homes. Horseshoe Lake is located to the east of the property. The surrounding properties are one to 12 acres in size. The area is classified as Low Density Residential in the 2040 Land Use Plan. B. Setback Requirement Variance The Shoreland Overlay District requires a structure setback of 200 feet from the OHW mark of Horseshoe Lake, however, the Minnesota DNR requires a 150 feet setback. The accessory building is proposed to be setback approximately 120 feet from the OHW mark of Horseshoe Lake. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; By constructing an accessory building on the property, the applicant is proposing to use the property in a reasonable manner. Only a small part of the property meets the shoreland setback requirements, therefore making a variance request necessary for any construction on the property. The proposed accessory building will meet all other setback requirements. It is in staff’s opinion that it is reasonable to request an accessory building on the property. b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that all of the existing buildings on site are legal nonconforming to the shoreland setback requirements. The proposed accessory building is restricted in locations due to the existing home, well, and septic system on site. Additionally, the surrounding properties also have buildings within similar distances to the OHW mark. Oman Variance, 6900 170th Street North Page 3 c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory buildings are common within this area and are allowed in the FUS zoning district. Many of the homes around Horseshoe Lake are legal nonconforming and do not meet shoreland requirements. The proposed accessory building size is permitted by City Code and the proposed setback variance would not noticeably alter the character of the area. It is in staff’s opinion that there are practical difficulties in meeting the shoreland setback requirements. The property owner is proposing to use the property in a reasonable manner by constructing an accessory building. The location of the home, well, septic system, and property boundaries make it impractical to meet the shoreland setback requirements of 200 feet. Several buildings on Horseshoe Lake do not meet the shoreland setback requirements and the proposed accessory building would not alter the character of the area. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable distance from the lakes. The existing house and several houses in the area do not meet the shoreland setback requirements. The proposed accessory building is further from the lake than the existing house. The variance request would result in the proposed accessory building being a reasonable distance from the lake, therefore, would meet the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are allowed in the FUS zoning district. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. However, the building addition will be required to meet building code regulations regarding low floor separation from the groundwater elevation. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by well and septic systems. Any additional septic system installed must comply with city and state codes. Oman Variance, 6900 170th Street North Page 4 7. CONCLUSION/ STAFF RECOMMENDATION: The applicant is requesting a variance from the Shoreland Overlay District setback requirements to allow an accessory building on the property. It’s in staff’s opinion that the applicant meets all the criteria necessary to approve the variance request. Staff recommends approval of the variance request from Pamela Oman, 6900 170th Street North, to allow an accessory building to be setback 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by ordinance. 8. BOARD OF ZONING RECOMMENDATION: The Hugo Board of Zoning will review the variance request at their regularly scheduled meeting on August 13, 2020. ATTACHMENTS: 1. Resolution 2. Location Map 3. Site Plan RESOLUTION 2020-XX 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. WHEREAS, Pamela Oman has requested approval of a variance request to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake, where 200 feet is required by the Shoreland Overlay District for the property legally described as follows: See attached. WHEREAS, the Board of Zoning has reviewed said variance at a duly called public hearing on August 13, 2020, and recommends approval with the following findings and conditions: 1. The requested variance is permissible by law. 2. Because of circumstances unique to the property the applicant is proposing to use the property in a reasonable manner. 3. The setback variance on the applicant’s proposed accessory building would not noticeably alter the character of the area. 4. The granting of the variance would be in keeping with the spirit and intent of the ordinance. 5. Accessory buildings are allowed in the Future Urban Service zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The well and septic systems of the subject property is in compliance with City and State codes. 8. The applicant must apply and receive a building permit prior to construction of the accessory building. 9. The accessory building shall meet all building code requirements. 10. The accessory building shall meet all setback requirements in relation to the well and septic system. Resolution 2020-XX Page 2 NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Pamela Oman to allow an accessory building to be setback approximately 120 feet from the ordinary high water (OHW) mark of Horseshoe Lake. ADOPTED by the City Council this 17th day of August, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 6900 170th Street North: 6900 170th Stre et N Location MapHugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\6900 170th Street - Oman.mxdSite Hors eshoe Lake Agenda Number G.8 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Katherine and Benjamin Robinson - Conditional Use Permit Amendment to continue the boat rental business at 4444 129th Street North. DATE: August 12, 2020, for the City Council Meeting of August 17, 2020 ZONING: Rural Residential (RR) REVIEW DEADLINE: October 23, 2020 (120-days) 1. PLANNING COMMISSION UPDATE: The applications will be considered at the Thursday, August 13, 2020, Planning Commission meeting. Staff will update the City Council on the Planning Commission’s discussion and recommendation prior to the August 17, 2020, City Council meeting. 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a conditional use permit 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. 3. BACKGROUND: The boat rental use been on the property for decades with a few different owners. Most recently there was a special use permit approval for the site in 1993 outlining the conditions it shall operate under. The use is a seasonal business that is only allowed to operate between April and October. In general the property and use has been in compliance with the permit. Staff has not received any complaints on the property for several years. The applicant has a contract with the existing owner Marty Weber to purchase the property and run the business. They are asking to clean up and revise the existing permit to remove conditions Page 2 2 that are no longer applicable and to add a different mix of types of boats they are proposing to rent. 4. CONDITIONAL USE PERMIT AMENDMENT: The applicant is proposing to revise condition number 1 in the existing permit to change the number of row boats they will be allowed to rent from 17 row boats to 4 row boats. They are also requesting to revise the number of pontoons they will be allowed to rent from 2 to 6 pontoons. Conditions number 4 and 5 of the existing permit relate to the sceptic system and the connection to City sewer. Staff included a revised condition in the new permit that states the property shall be connected to City sewer and all permit fees paid as well as assessments paid prior to the sale of the property. The applicant is proposing to revise the length of dock to 250 feet, where 200 feet is allowed by the existing permit. 250 feet is allowed by ordinance. There is a condition in the existing permit that provides the City an option to purchase the property under certain circumstances and at a certain date of June 1, 2023 until August 31, 2023. It also outlines a process on how to come to a determined purchase price. Staff did not find any background for the reason this condition exists. The purchase of the property is not in the City budget, in the 2040 Comprehensive Plan, or in the 5-year CIP. The applicant would like to remove this condition from the permit. The proposed revisions are minor in nature. The applicant has stated they would like to clean up the property and have it be a family run business. Staff is comfortable with the proposed revisions to the permit. The pervious special use permit will be superseded with this amended CUP and all terms in the previous special use permit will no longer be in effect. 5. CONCLUSION: It is in staff’s opinion that the applicant meets all of the requirements necessary to approve the CUP amendment for the boat rental business on the property. 5. RECOMMENDATION: Staff recommends approval of the CUP amendment, subject to the conditions listed in the resolution. Attachments 1. Location Map 2. Resolution 3. Applicants Narratives and Documents 4. Existing CUP 5. Proposed CUP 6. Email from Resident 1 2 9 th S tr e e t N o r thElmcrest Avenue North4444 129th Stre et N Location MapHugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\4444 129th St Robinson Boat Rental CUP.mxdSite RESOLUTION 2020-XX 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 WHEREAS, Katherine and Benjamin have requested approval of a conditional use permit amendment to continue the boat rental use on the property located at 4444 129th Street North and is legally described as follows: (See Attached) WHEREAS, a special use permit was approved on April 5, 1993, for a boat rental business and minor retail sales; WHEREAS, it is the desire of the applicant to amend the special use permit approved on April 5, 1993, to revise the permit and to supersede all other prior special use permit approvals. WHEREAS, the Planning Commission has reviewed said conditional use permit amendment at a duly called public hearing on August 13, 2020, and recommends approval subject to the conditions listed in the conditional use permit. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the conditional use permit amendment for Katherine and Benjamin Robinson on the property located at 4444 129th Street North with the following findings: 1. The proposed use is allowed by conditional use permit. 2. The proposed use is allowed in the R-1 zoning district and will keep with the spirit and intent of the ordinance. The proposed use is compatible with the surrounding development and will not alter the character of the area. 3. The proposed use as adequate drainage, water supply, and utilized to the site. 4. The proposed use has adequate access off of 129th Street North 5. The applicant is not proposing to impact any floodplain. 6. The proposed use would not obstruct the floodplain or increase the potential for flooding. 7. The proposed use would not damage or reduce the benefits from any public waters. Resolution 2020-___ Page 2 8. The proposed use would not involve the use of watercraft on public waters. 9. The proposed use would not be visible from public waters. 10. The proposed use does not impact any wetlands 11. The applicant would be responsible for obtaining all state and local permits. 12. The property shall be connected to City sewer and all permit fees paid as well as assessments paid prior to the sale of the property. 13. The applicant shall comply with all of the items outlined in the conditional use permit. 14. This conditional use permit amendment shall supersede all prior conditional use permits and the terms in the previous permits shall no longer be on force or effect. ADOPTED by the City Council this 17th day of August, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Bald Eagle Boat Rental or Pontoons on Bald Eagle We rent pontoon boats for fishing, swimming, cruising, etc. We also sell snacks, pop and bait. We are a family owned Christian company and are run by Katy and Ben Robinson along with the help of our three kids Leah 17, Jonah 15, and Taylor 12. This boat rental company has been a part of the North end of Bald Eagle lake since for over 40 years and residents of surrounding cities have depended on it for renting boats on Bald Eagle. We strive to have a great place for families and friends to rent a pontoon and go out and enjoy beautiful Bald Eagle Lake. Whether they are fishing, cruising or swimming we want to provide a pleasant experience so they will want to tell others about us and come back again and again. We want to become a part of the community and be an asset to our neighbors on the lake as well as on land around us. ------------------------------------------- We want to continue using the land at 4444 129th Street North in Hugo as a family owned and operated boat rental business. We are asking that the special use permit be modified as given its age certain parts have become obsolete and the rental needs of customers have changed. Bald Eagle boat rental currently operates from 2-6 pontoons all summer and has been for many years. Rowboats aren’t currently being rented out and are just used as a way to get out to a pontoon that may need assistance. The biggest change with new ownership is we will be buying some new pontoons and getting rid of broken and damaged pontoons that are currently in use. And ensuring all motors and boats we rent are in good shape tuned up and not leaking any oil etc. We will also be cleaning up the land/buildings and bringing it back to being clean and up kept with trimming mowing and clearing out trash and debris and junk. When I read the city codes for Commercial Marinas section 90-244 all sections we will comply with. We are requesting 8 pontoons according to this city code for Marinas. We will not be storing anyone’s boats on the property at 4444 129th St. N, we will only be storing the boats we use for rental during the rental season. I got the legal opinion of Richard Caldecott of Caldecott and Forro, PLC in White Bear about the shoreline is that it is owned by the property at 4444 129th St N. We might still do a survey though. I attached a plan of the property. We aren’t changing anything just cleaning up a lot. No other buildings being built just doing some long needed upkeep on the ones currently there. The landscaping on each side of the property is over grown and in spots will need new plants/bushes to help shield the neighbors view. We will be planting and trimming all landscaping vegetation so it screens/buffers neighbor’s views. We will only be storing our rental boats in the very back of the property over winter. No outside boats will be stored at 4444 129th Street N We will be getting new pontoons. There are one or two pontoons currently there that are newer that will be used with a major overhaul, new motor, carpet, seats etc. Business name we haven’t decided on whether to keep it the same or change it. As it is on the side of the building and on signs on Hwy 61 pointing which way to turn Both going North and South. Most reviews are pretty bad under that name though. We have thought about “Pontoons on Bald Eagle” as name. Does this make a difference in an approval of the special use permit? Any comments/ideas are greatly appreciated! We will be complying with the criteria under section 90-37 Sub C, 1-13 and Section 90-37.1 Sub F, 1.-7 We will be continuing the same business that has been operating lawfully for 40 or more years. We will continue to operate and keep the same character of the building and surrounding area. There is a working well on the property that is used for running water, toilet, sewage etc. The sewer will be drained and removed and sewer line will be hooked up to the city sewer before closing. Utilities are currently in use and hooked up. Road access onto 129th street N is adequate. No drainage issues are currently happening and there will be no change in the level of the ground for when we take over the spring of 2021. No danger of things being swept away as we have no rivers/creeks etc. on the property. No damage or reducing the benefits of the public use of water. We will stay current on all permits for state and local use. We will continue to keep the trees and shrubs on and around property to shield from neighbors view. We are zoned commercial and it will be used as commercial land. We will keep the property in good condition and not be a nuisance to neighbors in noise, traffic, dust, safety, unsightliness to our neighbors. Thank you Katy and Ben Robinson General description 4444 129th Street North Hugo is a tree lined lit with lots of vegetation and with mostly soil and grass but the back part of the lot is more swampy depending on the amount of rain. The parking lot at the front of the property is made of gravel. And there is a small concrete patio in front of the main building. This is also across the street from the lake of Bald Eagle and the strip of shoreline that is also apart of the property has wood chips but not all the way to the water. The water line has minimal cattails in some places EXISTING CITY OF HUGO CONDITIONAL USE PERMIT DATE OF APPROVAL: OWNER: Marty Weber ADDRESS FOR WHICH CUP IS GRANTED: 4444 129th Street LEGAL DESCRIPTION: See Exhibit A ZONING DISTRICT: Large Lot Single Family Residential (R-1) and the Shoreland Overlay District THIS CONDITIONAL USE PERMIT ALLOWS FOR THE FOLLOWING: Rental of Boats and minor retail sales of bait, snacks, and non-alcoholic beverages. THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS: 1. The property shall comply with approved site plan (Exhibit B). 2. The maximum number of rental boats to be maintained on the site: a. Four (4) row boats not to exceed sixteen (16) feet in length and may be equipped with a motor not to exceed ten (10) horsepower. b. Six (6) pontoons with motors not to exceed sixty (60) horsepower. 3. This facility shall only operate during the months of April through October. Hours of operation shall be limited to 6:30 a.m. to 8:30 p.m. Monday through Friday and 6:00 a.m. to 9:00 p.m. Saturday and Sunday. 4. Hours of operation, along with an emergency phone number to the contact the facility operator, shall be posted and maintained on the site and visible to the public at all times. 5. The property shall be connected to City sewer and all permit fees paid as well as assessments prior to the sale of the property. 6. The site shall be maintained in a clean and sanitary condition, and in such a manner as to avoid accumulation of trash, debris or junk on the site, adjacent to the public right-a-way, or adjourning property. Trash and other debris shall be contained in appropriate trash receptacles at all times. Garbage collection shall be utilized on a regular and scheduled basis. 7. No music or other entertainment shall be audible from outside of the building located on site. 8. No boat launching or docking shall be allowed on site other than the boats allowed for rental as described in paragraph 2. 9. No more than 250 feet of dockage shall be maintained or used on site. 10. A minimum of twenty (21) off street parking spaces shall be provided by the facility. The spaces shall remain as along as the facility is in operation. The parking spaces shall be composed of gravel or aggregate materials, except that Page 2 of 4 handicap parking spaces shall meet the Americans with Disability Act or similar requirements. 11. The facility owner shall provide and maintain a vegetative screen along the east and west side of the property (north of 129th Street). Such vegetation shall be maintained so as to trim overgrown vegetation and to replace vegetation which has died. 12. During the winter months, from November 1 through April 1, signs shall be in place to deny access to the lake by snowmobiles or other vehicle traffic through the property. 13. The applicant shall delineate of the dock area from the road. 14. No winter boat storage for boats, other than the ones maintained on site per paragraph 2. 15. This Conditional Use Permit supersedes any Permits for this use that were previously recorded. Dated: _____________, 2020. ______________________________ Tom Weidt, Mayor STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2020, before me, a Notary Public, personally appeared TOM WEIDT, Mayor of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT, mayor, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Page 3 of 4 Dated: _____________, 2020. ___________________________________ Marty Weber, owner STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of ___________, 2020, before me, a Notary Public within and for said County, personally appeared Marty Weber, property owner, to me known as the person described in and who executed the foregoing instrument, who stated that they are the owners of the property this permit applies to, and acknowledged that they executed the same as their free act and deed. __________________________________________ Notary Public This document was drafted by: Hugo City Council 14669 Fitzgerald Ave N Hugo, MN 55038 This Conditional Use Permit supersedes any Permits for this use that were previously recorded. From:Deb & Mike Petronack To:Emily Weber Subject:Planning Commission Meeting 8/13/2020 Date:Wednesday, August 12, 2020 9:23:44 PM Caution: This email originated outside our organization; please use caution. Meeting ID: 898 1254 6381 Good evening Emily, We are not sure if we will be able to make it to the meeting tomorrow evening for the public hearing on the conditional use permit amendment for 4444 129th Street N (Bald Eagle Boat Rental), please share the following with everyone including Katherine and Benjamin Robinson at the meeting: We are sad to hear that Marty will no longer be an owner of Bald Eagle Boat Rental, he will be missed. We welcome the new owners and are happy to hear that the property will continue as a boat rental and bait shop on Bald Eagle Lake. We believe it is a great part of our community to have boating accessible to everyone so all can enjoy the Lake. We have no objections to any changes to the CUP and are sure that whatever changes are made would just be an improvement to the property and community. Mike and Deb Petronack 12997 Elmcrest Ave N Hugo MN 55110 Agenda Number: G.9 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Roy Molitor 4th Addition - Victor Land Holdings, LLC. Preliminary Plat, Final Plat/Development Agreement, Easement Vacation, CUP Amendment, and Site Plan, for an office/warehouse building to be constructed on a lot. DATE: August 12, 2020, for the City Council Meeting of August 17, 2020 ZONING: Business Park (BP) 60-DAY REVIEW DEADLINE: September 9, 2020 (60-days) 1. DESCRIPTION OF REQUEST: The applicant is requesting approval of a preliminary plat and site plan for an approximately 22,500 square foot office/warehouse building with and a 4,600 square foot enclosed garage and associated parking. No exterior storage is proposed with the proposed building and new lot. The proposed building and lot will be occupied by Schwieters Companies for a small office area and warehousing for their internal residential and commercial finishes (trim, cabinets, carpentry, doors, and hardware) business. The applicant is also requesting a conditional use permit (CUP) amendment for the campus development. The applicant is showing future phases on the plan that include 2 additional buildings as proposed with the campus development. The first phase of the development was construction of a 145,000 square foot manufacturing/warehouse building. Phase 2 will consists of the proposed 27,100 square foot office/warehouse building located in the northeast corner of the site. Phase 3 will consisted of two proposed office/warehouse and a warehouse buildings, one 12,000 square feet and the other 45,000 square feet, located along the northwester and southeast corners of the site. The applicant is only requesting site plan approval for the second phase which includes the 22,500 square foot office/warehouse building. Each new building will be required to formally apply for site plan approval for consideration by the Planning Commission and City Council. The applicant has also requested approval of a final plat that would have 2 lots and 1 outlot. Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 2 The property totals approximately 18 acres with 1 acres of wetland on the the site. The property is zoned Business Park (BP) and is guided as Business Park (BP) in 2040 Comprehensive Plan. 2. CONTEXT: A. Surrounding Land Use and Zoning The properties to the north are zoned Planned Unit Development (PUD) and are occupied by townhome developments. The properties to the east are zoned General Industrial (I-3) and are occupied by industrial businesses. The property to the south is zoned Business Park (BP) and is occupied by the Xcel Energy Training Center. The property to the west is zoned Large Lot Single Family Residential (R-1) and is occupied by the City owned Clearwater Creek Preserve park. B. Existing Site Characteristics The property is generally flat and contains some wetlands on the property. There is shared stormwater management for the entire site, included in the outlot that will be created. 3. BACKGROUND: 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 remain the same with this request. 4. ANALYSIS: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the subdivision regulations in the City Code. If it meets these standards, the City must approve the preliminary plat. The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. The City’s discretion in approving or denying a conditional use permit amendment is limited to whether or not the proposed application meets the standards outlined in the City’s Comprehensive Land Use Regulations. If it meets these standards, the City must then approve the conditional use permit. B. Preliminary Plat and Final Plat The preliminary plat and final plat will include 2 lots and 1 outlot. The preliminary plat and final plat complies with ordinance requirements. Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 3 The applicant has also applied for an easement vacation and final plat. C. Conditional Use Permit Campus Development The term "campus development" means two or more principal buildings on any lot or parcel. All campus developments shall be constructed under a master plan prepared by a professional, registered, architect, and approved as a provision of the conditional use permit for the site. The applicant has approval of a campus development to allow multiple buildings on the property. The applicant has provided options for how the property could develop in three phases. In the review of the CUP for a campus development the Planning Commission is simply providing a recommendation on the suitability of the site layout for additional buildings. The applicant would be required to come back before the Planning Commission with a formal site plan application prior to construction of the buildings. Approval of the campus development would give the applicant assurance that the additional buildings would be allowed subject to site plan approval and provided the buildings are consistent with the campus development CUP. In the absence of the campus development, the applicant would only be able to construct one building on the property. The proposed campus development layout is generally the same as what was previously approved. However, the applicant is requesting approval of a preliminary plat to have 2 lots and 1 outlot. Lot 1 would be the proposed 22,500 square foot office/warehouse building. Lot 2 would be the existing 145,000 square foot manufacturing/warehouse building and the 2 proposed buildings for the campus development. The outlot would contain the shared stormwater management for the entire site. The applicant is requesting with the campus development to have shared access agreements with Lot 1 for cross access and staging for the vehicles access the loading docks on the south side of the proposed building. The campus development is generally the same as what was previously approved, the layout has been revised to remove on building from the campus to be on a separate lot. The request meets the criteria necessary to approve a CUP amendment. D. Site Plan The application complies with the ordinance standards as follows: Building Setbacks The BP zoning district requires a 30-foot front and rear yard setback and a side yard setback equal to the height of the building, in no case less than 10 feet. The site plan complies with the setback requirements. Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 4 Building Height The BP zoning district has a maximum building height of 50 feet. The building height will be approximately 32 feet. The site plan complies with the height requirements. Building Coverage and Lot Coverage The ordinance limits lot area to be covered by a building to 40% and lot area to be covered by impervious surface to 80%. The proposed lot for the site plan does not comply with the impervious surface percentage requirement. However, since the entire property is planned to be a campus development the overall building and lot coverage requirements are meet. Staff is comfortable with using the overall building and lot coverage requirements. Landscaping Section 90-181 of the Zoning Ordinance provides landscaping requirements for industrial development. The site plan includes tree and shrub locations and species. The ordinance provides two ways of calculating the required amount of trees and shrubs. One based on the square footage of the building and one based on the perimeter of the site, whichever is greater. In this case staff used the building size of the site. In order to meet the landscape requirements, 12 overstory deciduous trees, 12 coniferous trees, 12 ornamental trees, and 76 shrubs are required to be installed. If the trees are installed, this would meet the ordinance requirement for the entire campus development. The applicant is proposing 7 overstory deciduous trees, 12 coniferous trees, 12 ornamental trees, and 54 shrubs. The applicant has stated that they would like to use some existing trees to count towards the landscape requirements. Staff is comfortable with counting the existing trees and landscape planting substitutions, provided it meets the intent of the landscape ordinance. Staff included a condition in the attached resolution that requires the applicant to submit a revised landscape plan demonstrating compliance with the City’s landscape ordinance or provide a plan with information that outlines the number of existing trees to be counted and any planting substitutions proposed. Lighting The ordinance requires lighting to consist of cut-off fixtures and for light cast on adjacent property and roads not to exceed ½ foot candle measured at the property line or 1 foot candle measured at the street’s centerline. The ordinance also required the light fixtures, whether pole mounted or wall mounted to be cut-off fixtures. The applicant is proposing LED lights for wall mounted fixtures. The applicant has provided cut-sheet for both the wall lights for staff review and approval prior to installation. The lighting plan meets the ordinance standards along the property lines Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 5 Fencing and Screening The applicant is proposing roof top mechanical equipment for the building. The plans show a 2 foot – 10 inches raised parapet wall from the roof line of the building. All roof top mechanical equipment shall be adequately screened from view. It is in staff’s opinion that the parapet will screen most of the roof top equipment. Staff has added that there will be an inspection during construction and that as a condition of approval prior to the issuance of a certificate of occupancy the equipment shall be screened. The applicant has indicated that the trash stored inside the building or screened with materials consistent with the building materials. The applicant is not proposing any additional fencing around the lot as this time. Streets and Access The site has access from a proposed to be constructed small section of 140th Street and Fenway Boulevard North. The applicant is proposing two entrances into the site. Staff is comfortable with the access to the site. The City has received a funds from a previous development to go towards the extension of 140th Street. These funds will be utilized for a portion of the costs associated with the extension of 140th Street. The total amount of the funds is $91,575. Staff has added a condition in the campus development CUP that the if there is another access to the 140th Street proposed, the applicant is responsible for the cost and construction of 140th Street to the west property line of the plat. The 2040 Comprehensive Plan shows 140th Street as a future road. The applicant has contributed money to the City for their share for the future construction of the 140th Street. This was completed with the Roy Molitor Addition final plat application approval. The applicant is proposing to use money for construction of a small section of the road. When this section 140th Street is constructed, the applicant will be able to connect to it with a driveway. A driveway permit would be required. Parking According to the Section 90-253 PARKING, based on the use and the size of the building 23 parking stalls are required by ordinance. The applicant is proposing 34 parking stalls for the site, which meets the ordinance standards for the use of the building. Trails There is a City trail along Fenway Boulevard North. There is a proposed trail shown on the Trails Plan in the 2040 Comprehensive Plan on the north side of 140th Street North. Staff will work with the applicant to see if it makes sense to include this small section of trail with the construction of the road. Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 6 Building Architecture In August 2011, the City Council adopted the Commercial and Industrial Design Guidelines. The guidelines allow flexibility on four-sided architecture for industrial buildings. The design of the building meets the intent of the guidelines. The building material for the office/warehouse building consists of integrally colored precast tip- up concrete panels, of two compliment colors and two patterning styles. The intent is to ensure the building is constructed of quality materials that require minimum maintenance. The applicant has provided elevations that show coloration and patterning in design of the concrete panels. The concrete is proposed to be a light brown earth tone, with an accent dark brown tone. The front has glass and there windows on all sides of the building. The applicant is proposing metal awnings along the front of the building over the entrances. The applicant will be required to submit the design to staff for review and approve the design of the awnings. The exterior doors and overhead doors are proposed to be brown and compliment the exterior color (although they are shown as white on the plans). Staff will work with the color and size of the overhead doors. The applicant has provided material samples and staff will continue to work with the applicant on the materials and color choices to ensure compatibility. Staff recommends the main entrance of the site to be more clearly defined with architectural elements and/or more glass/windows. The applicant has not provided elevations for the proposed warehouse building or two office buildings. As a campus development building architecture, materials, and colors for all buildings should be compatible. This will be a condition of approval for the campus development CUP. Signage The applicant is not proposing any signage at this time but, it is allowed by ordinance. Prior to the installation of any signs, the applicant shall obtain a sign permit. Drainage/Grading The applicant is proposing to utilize the existing ponds and infiltration basins and to meet the stormwater management requirements. Treated stormwater is discharged into the wetland complex to the west as well as the storm sewer system along the east side of Fenway Avenue. The stromwater management is designed to accommodate all phase of the development. The plan generally meets the stormwater requirements, however, staff will continue to work on the technical details of the stormwater management design. A maintenance agreement between all lots utilizing the stormwater management facilities shall be reviewed and approved by staff. The document shall be recorded against the property. At this time, the applicant is not proposing stormwater reuse. There is not enough green space on the property to gain infiltration credits to meet the stormwater management requirements or enough water within the pond to accommodate stormwater reuse. Roy Molitor 4th Addition – Pre Plat, Final Plat, CUP Amendment, Easement Vacation, and Site Plan Page 7 Utilities Sewer and water are available to the site. The services were installed with the original overall Schwieters site. A maintenance agreement between all lots utilizing the utilities shall be reviewed and approved by staff. The document shall be recorded against the property. Wetlands The applicant is not proposing any wetland impacts. Park Dedication Park Dedication is not required for commercial and industrial developments. 5.CONCLUSION: Staff finds that the proposal meets all the requirements necessary for the City to approve the preliminary plat, CUP amendment, site plan, and easement vacation, as outlined in the City Code and zoning regulations, if the appropriate conditions are met in the attached resolutions and conditional use permits. 6.RECOMMENDATION: Staff recommends approval of the preliminary plat, CUP amendment, site plan, and easement vacation application from Victor Land Holdings, LLC. ATTACHMENTS: 1.Location Map 2.Engineers Memo dated August 7, 2020 3.Applicants Narrative 4.Resolutions: a. Preliminary Plat b.Final plat c. Site Plan d.CUP for Campus Development e. Easement Vacation Notice 5.Plans and Building Elevations 6.Resident Comment Emails 7.Draft Development Agreement Fenway Boulevard North140th Street NorthFenway Avenue North141st Circle NorthRoy Molitor 4th A ddition13676 Fenway AveLocation MapHugo, MN Roads Hugo Border Parcel Boundary ¯0 200Feet1 in = 200 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\Roy Molitor 4th Addition.mxdSite Site Victor Land Holdings, LLC – Project Narrative Schwieters Addition Hugo, MN Project Narrative Schwieters Addition is a proposed plat that is currently an approved campus development consisting of 1 existing commercial building and 3 additional approved building sites located on Lot 1 Block 1, Roy Molitor Addition 3rd Addition. The Campus development and Conditional Use Permit were approved by City Council on May 7, 2018. Request We are seeking approval for Preliminary Plat and Final Plat allowing the campus development to be subdivided into 2 lots that allows for the sale and build of one of the approved campus building sites. We are also seeking Site Plan approval for that new building to be located on the new lot that would potentially be subdivided. The new plat of the development conforms with the City Code and allowed setbacks of the buildings. There will be cross easements for utilities, storm water ponding, and access easements, between the two lots. The new plat also considers the extension of 140th street with an access into Lot 2 of the new plat. The City and ourselves are working together on design for the construction of this extension. This application will also conform with the current CUP that was approved by Council on May 7, 2018. Our Site Plan application is for 22,580 SF of Office/Warehouse and 4600 SF of parking garage for delivery vehicles. Storm Water – The development currently utilizes one basin/ponding area for the entire site. This will still be owned and maintained by Victor Land Holdings. Architectural Design – The design and colors of the building conform with current architecture adjacent to the proposed building. The garage door on the west side is used for dumpster storage and some deliveries to be unloaded by forklift. Landscaping – Additional landscape above city requirements was added to the north end of the building that provides additional screening for the residential community to the north. Existing landscape materials that are onsite will be moved to the north side of the storm water pond for additional screening. Exterior Storage – There is no exterior storage of building materials. Equipment and dumpsters are located within the building structure. Delivery vehicles are parked within the enclosed garage. The west side loading dock may have a semi-truck that is parked overnight for unloading. Fencing/gate is not planned but may be added to secure the west side of the building. Victor Land Holdings, LLC – Project Narrative Contacts Developer Victor Land Holdings, LLC Mark Guenther 13925 Fenway Blvd N Hugo, MN 55038 651.425.0469 mark@fenwaylandco.com Engineer Carlson McCain, Inc. Brian Krystofiak 3890 Pheasant Ridge Dr. NE #100 Blaine, MN 55449 763.489.7905 bkrystofiak@carlsonmccain.com RESOLUTION 2020-______ 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 WHEREAS, Victor Land Holdings, LLC, has requested approval of a preliminary plat of property to develop 2 lots and 1 outlot to be known as “Roy Molitor 4th Addition” located south of 140th Street and west of Fenway Boulevard and is legally described as follows: Lot 1, Block 1, Roy Molitor 3rd Addition WHEREAS, the Planning Commission has reviewed said preliminary plat and recommends approval. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the preliminary plat to Victor Land Holdings, LLC, for “Roy Molitor 4th Addition” subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 2 lots and 1 outlot, in accordance with the plans received by the City on July 30, 2020, and August 6, 2020, except as amended by this resolution. 2. Development is subject to the BP district standards and setbacks. 3. The development shall comply with the comments in the Engineer’s memo dated August 7, 2020, and the “red-lined” comments sent to the applicant’s engineer. 4. In the future if the warehouse building shown in the northwest corner of the preliminary plat gains access to 140th Street, the developer shall be responsible for the cost and construction of 140th Street to the west property line of the Lot 1, Block 1, Roy Molitor 4th Addition. The design of the road shall be reviewed and approved by City staff. ADOPTED by the City Council this 17th day of August, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2020-___ 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 WHEREAS, Victor Land Holdings, LLC, has requested approval of a final plat to plat 1 lot and 1 outlots to be known as “Roy Molitor 4th Addition” located south of 140th Street and west of Fenway Boulevard and is legally described as follows: Lot 1, Block 1, Roy Molitor 3rd Addition NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat to Victor Land Holdings, LLC, for “Roy Molitor 4th Addition” subject to the following conditions: 1.A final plat is approved to allow the creation of 2 lots and 1 outlots, in accordance with the plans received by the City on July 30, 2020, except as amended by this resolution. 2.The final plat shall be subject to the preliminary plat approval granted by the City Council on August 17, 2020, and as may be amended. (Resolution # 2020-___) 3.Development is subject to the BP district standards and setbacks. No variances are granted or implied. 4.The development shall comply with the comments in the Engineer’s memo dated August 7, 2020, and all “red-lined” comments sent to the applicants Engineer. 5.The final plat shall be revised to match the preliminary plat dated July 30, 2020. 6.In the future if the warehouse building shown in the northwest corner of the plat gains access to 140th Street, the developer shall be responsible for the cost and construction of 140th Street to the west property line of the Lot 1, Block 1, Roy Molitor 4th Addition. The design of the road shall be reviewed and approved by City staff.The following conditions shall be met prior to the issuance of building permits: 6.A site plan application shall be submitted for review and approval by the City. 7.The developer shall pay the sewer and water trunk fees and the City’s SAC and WAC fees will be paid at the time building permits issued. All associated development fees shall also be paid in full. 8.The applicant shall file the final plat and associated documents with Washington County. Proof of recording shall be provided to the City. 9. The applicant shall submit one full set of approved final plans to the City. The following conditions shall be met prior to the issuance of a certificate of occupancy for the building on Lot 2: Resolution 2020-____ Page 2 10. The developer shall construct the portion of 140th Street as shown on the plans received July 30, 2020, subject to review and approval by City staff. The City shall contribute $91,575, which has been set aside for the construction of 140th Street. ADOPTED by the City Council this 17th day of August, 2020 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 1, ROY MOLITOR 3RD ADDITION PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 17th day of August, 2020, completed the proceedings for the vacation of the Drainage and Utility Easement on property legally described as follows: Lot 1, Block 1, Roy Molitor 3rd Addition, Washington County, Minnesota. Dated this 17th day of August, 2020. ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2020, before me, a Notary Public, personally appeared BRYAN BEAR, City Administrator 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 BRYAN BEAR, City Administrator, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public This Instrument was drafted by: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 RESOLUTION 2020-____ APPROVING A CONDITIONAL USE PERMIT AMENDMEVT FOR VICTOR LAND HOLDINGS, LLC, TO ALLOW A CAMPUS DEVELOPMENT ON THE PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH WHEREAS, Victor Land Holdings, LLC, requested approval of a conditional use permit amendment to allow a campus development on the property located at 13676 Fenway Boulevard North, and legally described as follows: Outlot A, Roy Molitor 2nd Addition WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly called public hearing on August 13, 2020, and recommends approval subject to the conditions listed in the conditional use permit. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the conditional use permit for Victor Land Holdings, LLC, to allow a campus development on the property located at 13676 Fenway Boulevard North, subject to the conditions listed in the conditional use permit with the following findings: 1. Campus developments are allowed in the Business Park (BP) zoning district with a CUP. The use is permissible by law. 2. The proposed use is consistent with the Business Park (BP) zoning of the property. 3. The proposed campus development would be compatible with the City’s Comprehensive Plan and the character of the area. The campus development allows for a more efficient use of the property with shared access, parking, circulation, and stormwater management. 4. The site has adequate facilities to serve the campus development, including shared stormwater management and access to municipal sewer and water. 5. The site has adequate access to Fenway Boulevard. 6. The property is not located within a floodplain. 7. The proposed use will not have materials swept downstream. 8. The site is not located adjacent to public waters. 9. The property is not located within the shoreland overlay district and does not involve watercrafts. 10. The property is not located within the shoreland overlay district. Resolution 2020-___ Page 2 11. The applicant shall be responsible for all necessary state and local permits. ADOPTED by the City Council this 17th day of August, 2020 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2020-___ 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 WHEREAS, Victor Land Holdings, LLC, requested approval of a site plan for an approximately 27,000 square foot office/warehouse building, on property legally described as follows: Lot 1, Block 1, Roy Molitor 3rd Addition WHEREAS, the Planning Commission has reviewed said site plan on August 17, 2020, and recommends approval subject to the conditions listed in this resolution. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the site plan for Victor Land Holdings, LLC, for an approximately 27,000 square foot office/warehouse building, subject to the following conditions and findings: 1. All items on the Engineer’s memo and “red-line” detailed engineering comments that have been sent directly to the applicant’s engineer dated August 7, 2020, shall be addressed. 2. The applicant shall be required to apply for formal site plan approval for all future phases to be considered by the Planning Commission and City Council. 3. No Exterior storage shall be located on the lot. 4. The applicant shall meet all conditions listed in the conditional use permits for the campus development. 5. Prior to the installation of any signs, the applicant shall obtain a sign permit. 6. The landscaping shall be irrigated to ensure establishment. Prior to the issuance of a building permit: 7. The applicant shall submit a revised landscape plan that meets the City’s landscape ordinance requirements to be reviewed and approved by staff. 8. The applicant shall submit cut sheets for the wall mounted light fixtures to be reviewed and approved by staff. 9. The applicant shall submit the final building material samples and colors for the building to be reviewed and approved by staff. The materials shall be compatible and cohesive with the existing building on Lot 1, Block1, Roy Molitor 3rd Addition. Resolution 2020-___ Page 2 10. The architecture of the building shall be revised to show a more clearly defined main entrance by using other architectural elements or providing more glass/windows in that area. 11. The proposed metal awing design shall be reviewed and approved by staff. 12. The internal roof drainage system that shall be integrated into the building design and shall be reviewed and approved by staff. 13. The trash receptacles shall be stored inside the building. 14. Cross access and maintenance agreement between the subject lot and Lot 1, Block 1, Roy Molitor 4th Addition for the shared access shall be reviewed and approved by staff. The document shall be recorded against the property. 15. Easement and maintenance agreements between the subject lot and Lot 1, Block 1, Roy Molitor 4th Addition for the stormwater ponds and utility extensions shall be reviewed and approved by staff. The document shall be recorded against the property. Prior to issuance of a Certificate of Occupancy: 16. The applicant shall restore any part of the Fenway Boulevard Trail that is damaged during construction. 17. All roof top and ground mechanical equipment must be screened from view of adjacent properties. Staff shall perform an inspection when equipment is installed to ensure compliance with City code. 18. All required landscaping shall be fully installed. 19. Drainage and utility easements shall be dedicated to the City over the wetland, stormwater management facilities, and utility extensions. 20. A maintenance agreement for the stormwater management facilities between the City and the applicant shall be reviewed and approved by the City then recorded against the property. Resolution 2020-___ Page 3 ADOPTED by the City Council this 7th day of May, 2018. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Know what'sbelow.before you dig.CallRof12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_cover.dwgSave Date:08/03/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, Minnesota Schwieters AdditionHugo, Minnesota VICINITY MAP C1COVER SITEBENCHMARKS OWNER:OWNER: OWNER: OWNER:OWNER:OWNER:WET LAND WET LANDWET LAND WET LAND Thomas R. BalluffName:Signature:Date: 6/23/20 License #: 40361I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor under the lawsof the State of Minnesota.ofPRELIMINARY PLAT VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038REVISIONS1. 6/23/20-Issued for Permit2. 7/28/20-Addendum 23.4.5.6.DRAWN BY:ISSUE DATE:JAB06/23/20SCHWIETERS ADDITION Hugo, Minnesota f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\survey\8606_prp.dwgSave Date:08/04/20 FILE NO:212212C23890 Pheasant Ridge Dr. NE #100, Blaine, MN Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGVICINITY MAPLEGENDschwietersaddition SITE DATA EXISTING BUILDINGOWNER:OWNER: OWNER: OWNER:OWNER:OWNER:WET LAND WET LANDWET LAND WET LAND Thomas R. BalluffName:Signature:Date: 6/23/20 License #: 40361I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor under the lawsof the State of Minnesota.ofREVISIONS3.4.5.6.DRAWN BY:ISSUE DATE:JAB6/23/20SCHWIETERS ADDITION Hugo, Minnesota f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\survey\8606_excon.dwgSave Date:06/26/20 FILE NO:212212C33890 Pheasant Ridge Dr. NE #100, Blaine, MN Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGVICINITY MAPLEGENDVICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 EXISTING CONDITIONS1. 6/23/20-Issued for Permit2. 7/28/20-Addendum 2 OWNER: OWNER:OWNER:WET LANDOWNER:OWNER:Thomas R. BalluffName:Signature:Date: 6/23/20 License #: 40361I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor under the lawsof the State of Minnesota.ofEXISTING CONDITIONS (INSET)REVISIONS3.4.5.6.DRAWN BY:ISSUE DATE:JAB6/23/20SCHWIETERS ADDITION Hugo, Minnesota f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\survey\8606_excon-inset.dwgSave Date:06/26/20 FILE NO:212212C43890 Pheasant Ridge Dr. NE #100, Blaine, MN Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGLEGENDVICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 550381. 6/23/20-Issued for Permit2. 7/28/20-Addendum 2 Know what'sbelow.before you dig.CallRof12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_removals.dwgSave Date:06/26/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, Minnesota REMOVALS PLANC5BENCHMARKS Know what'sbelow.before you dig.CallRof12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_grade.dwgSave Date:08/03/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC6GRADING, DRAINAGE & EROSION CONTROL PLANBENCHMARKS Know what'sbelow.before you dig.CallRof12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_site.dwgSave Date:08/04/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC7SITE & SIGN PLANBENCHMARKS Know what'sbelow.before you dig.CallRof12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_utility.dwgSave Date:08/03/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, Minnesota UTILITY PLANC8BENCHMARKS of12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_140th street.dwgSave Date:06/26/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC9140TH STREET CONSTRUCTION140TH STREET N920915925930935920925930935BENCHMARKS of12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_details.dwgSave Date:06/26/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC10DETAILSFRAMECURBFRAME of12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_details.dwgSave Date:06/26/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC11DETAILSNO PARKING of12REVISIONS1. 6/23/20 Issued For Permit2. 7/10/20 Per City Comment3. 7/28/20 Addendum 24.5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK6/23/2020f:\jobs\8601 - 8620\8606 - schwieters commercial campus\cad c3d\engineering\preliminary\8606_campus_exhibit.dwgSave Date:08/07/20 Brian J. Krystofiak, P.E.Name:Signature:Date:6/23/2020License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of Minnesota3890 Pheasant Ridge Drive NE, Suite 100, Blaine, MN 55449 Phone: 763-489-7900 Fax: 763-489-7959 ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYING VICTOR LAND HOLDINGS, LLC 13925 Fenway Avenue N Hugo, MN 55038 SCHWIETERS ADDITION Hugo, MinnesotaC12CAMPUS EXHIBITBENCHMARKS WET LAND WET LANDWET LAND WET LAND ENVIRONMENTAL ◦ ENGINEERING ◦ SURVEYINGSCHWIETERSADDITIONVICINITY MAP LEVEL 01 100' - 0" T.O. PARAPET 132' - 0" T.O. CLEARE STORY SILLS 117' - 8" T.O. HIGH PARAPET 134' - 0" T.O. DOCK PRE CAST - TBD 122' - 0"26' - 0"B.O. HEADER 108' - 2" PREFABRICATED ALUMINUM CANOPY. COLOR BURGANDY TO MATCH THE METAL AWINGS ON THE BUILDINGS ON THE EAST SIDE OF FENWAY. TYPICAL PREFABRICATED ALUMINUM CANOPY. COLOR BURGANDY TO MATCH THE METAL AWINGS ON THE BUILDINGS ON THE EAST SIDE OF FENWAY. TYPICAL LEVEL 01 100' - 0" T.O. PARAPET 132' - 0" T.O. CLEARE STORY SILLS 117' - 8" T.O. HIGH PARAPET 134' - 0" B.O. HEADER 108' - 2" PREFABRICATED ALUMINUM CANOPY. COLOR BURGANDY TO MATCH THE METAL AWINGS ON THE BUILDINGS ON THE EAST SIDE OF FENWAY. TYPICAL PREFABRICATED ALUMINUM CANOPY. COLOR BURGANDY TO MATCH THE METAL AWINGS ON THE BUILDINGS ON THE EAST SIDE OF FENWAY. TYPICAL 2 LEVEL 01 100' - 0" T.O. PARAPET 132' - 0" T.O. CLEARE STORY SILLS 117' - 8" TO FOOTING/ TO DOCK FLOOR 96' - 0" T.O. PARAPET REAR 129' - 0" T.O. DOCK PRE CAST - TBD 122' - 0" B.O. HEADER 108' - 2" 2 LEVEL 01 100' - 0" T.O. PARAPET 132' - 0" T.O. CLEARE STORY SILLS 117' - 8" TO FOOTING/ TO DOCK FLOOR 96' - 0" T.O. PARAPET REAR 129' - 0" T.O. DOCK PRE CAST - TBD 122' - 0" TYP LOADING DOCK PRE-CAST PANEL B.O. HEADER 108' - 2" LEVEL 01 100' - 0" T.O. CLEARE STORY SILLS 117' - 8" T.O. HIGH PARAPET 134' - 0" TOC TRUCK BAY 96'-0" TOC TRUCK BAY 96'-0" TOS LOW ROOF 116'-8" TOS LOW ROOF 116'-8" B.O. HEADER 108' - 2" B D H . d e s i g n issue record © BDH designproject no. drawn by reviewed by date printed name signature license #date I hereby certify that this plan, specification, or report was prepared by me or under my direct supervision and that I am a duly Licensed Architect under the laws of the state of descriptiondateno.D:\Revit 2020 Local\A20_SchwietersCompany_02293_fiihrk.rvt2020-07-28 9:39:59 AMXSP02 02293 MINNESOTA JEFFREY GEARS 50937 PRELIMINARY EXTERIOR ELEVATIONS 2020-23-17 AMN/KMF TK/LSSCHWIETERS COMPANIESBUILDING 6FENWAY BLVD N | HUGO, MN1/8" = 1'-0" COLOR ELEVATION - EAST1 1/8" = 1'-0" COLOR ELEVATION - NORTH2 1/8" = 1'-0" COLOR ELEVATION - WEST3 1/8" = 1'-0" COLOR ELEVATION - SOUTH4 1/8" = 1'-0" COLOR ELEVATION - SOUTH - GARAGE5 05.20.2020 PRECAST / STEEL PACKAGE 2 XX.XX.XX NEXT From:Emily Weber To:Rachel Juba Subject:FW: Fenway Place and Victor Land Holding Date:Tuesday, August 4, 2020 9:46:12 AM -----Original Message----- From: Bill Mahre [mailto:bmahre@hotmail.com] Sent: Tuesday, August 4, 2020 9:08 AM To: Emily Weber <EWeber@ci.hugo.mn.us> Subject: Fenway Place and Victor Land Holding Caution: This email originated outside our organization; please use caution. Emily Appreciate the opportunity to provide input and ask questions on the Victor Land Holding request Here are our thoughts 1). Will holding pond be removed or relocated since that is a major part of the lot usage? If so what are new runoff plans? 2). Is this new request part of Schweiters continued expansion? 3). Schweiters original promise was to build a “Sherwood Forest “ between their buildings and the Fenway residential area. Promise never happened as we have a couple of Charlie Brown Christmas trees 4). New building will eliminate any buffer for Fenway residents. Would ask the Hugo Planning Commission to come over around 6am any morning to listen to trucks backing up, hammering, dropping of pallets etc. not an ideal environment for residents 5). Plan to handle increase in traffic at 3-way stop sign. Currently the employees view the stop sign as optional to and from work. Now we add more traffic? Feel free to call if questions or if you want additional perspective. Thanks to the committee for seeking input. Bill and Monica Mahre Sent from Bill Mahre 651.323.8749 bmahre@hotmail.com From:Chrisann Jones To:Rachel Juba Cc:Emily Weber Subject:Victor Land Holding Construction Request - Neighborhood Concerns Date:Wednesday, August 12, 2020 5:36:53 PM Caution: This email originated outside our organization; please use caution. Greetings Rachel, Thank you for taking time yesterday to discuss Victor Land Holdings, Schwieters, request to further develop the property south of 140th Street N and west of Fenway Blvd. N. legally described as Block 1, Lot 1, Roy Molitor Third Addition. Listed below are some of our neighborhood concerns: 1. Proposed Driveway entrance on 140th Street. - during the planning and approval of the first phase of development Schwieters agreed all truck and vehicle entrances would only be off Fenway Blvd. N. The size of the entrance needed for truck traffic would greatly increase the noise factor. Having the entrance so close to the corner would pose a safety hazard for future traffic. 2. Neighbors were told there would be a "Schwieters" Sherwood Forest to buffer the north side of the development. This statement is greatly lacking, more has to be done. As a result of poor landscaping, we are facing more light and sound pollution. 3. Light Pollution. We need less,not more 4. Noise Pollution. Factory and truck noise occur as early as 5:30am until 10:30pm and later. 5. Open Garage Doors - Garage doors are constantly open at all hours, causing more noise, more light and more vibration. During planning and approval of the first phase we were told the doors would not be open unless receiving product. 6. Outside Storage - during the planning and approval of the first phase of development we were told that there would not be outdoor storage on the North side of the building. This area would be used to drop products, which would then be moved into the building. there has been constant outdoor storage, 7. The addition of the proposed building will cause more noise to be directly funneled into the residential area to the north. 8. We are trying to be good, understanding neighbors. We just ask that they work and run their business like they live here. 9. Pictures will be sent in an additional email. Thank you again for addressing our concerns, Donald P and Chrisann Jones 5249 141st Street Circle North Hugo, MN 55038 From:Denise Johnson To:Rachel Juba; Emily Weber Cc:Denise Johnson; Howie Johnson Subject:Victor Land Holding, LLC expansion request Date:Wednesday, August 12, 2020 6:16:28 PM Caution: This email originated outside our organization; please use caution. Dear Hugo Planning Commission, This email is written in re: to the above-mentioned expansion request. We live at 5239141st Street Circle N, Hugo, and recently received the letter dated 27 July 2020, sentby the City of Hugo. Howard also stopped by City Hall the week of August 3rd andspoke with Emily Weber to obtain more detail about the planned development. Theinformation map mailed to us lacked information obtained when Howard stopped atCity Hall. We have lived at the above address for nearly 16 1/2 years, moving into FenwayPlace townhomes in October 2003 with the new development. Our unit is one buildingaway from the current dirt road to the south of the development. We have seen muchgrowth in Hugo during our residence and Schwieters Companies have grown also.We are genuinely happy for them! We recognize the importance industry brings to ourcity and the impact it makes on our development and future. Overall, change andgrowth are welcome and have been good. However, we have concerns asestablished neighbors of Hugo about the impact the growth has to residential areassuch as ours. Specifically, our concerns are as follows:- Truck traffic: It was explained to Howard that there would be a road in the NE cornerof the development coming off the 140th completion going into the business. This willobviously create significant truck and vehicle traffic adjacent to our development. Weare concerned about noise and the further disruption the activity brings to ourneighborhood. Completion of 140th from East to West will disrupt things enough, butadding this road seems to quite frankly, disregard how neighbors will be impacted.When the original expansion took place, it was explained there would be truckentrances only off Fenway Blvd. - Lot visibility: Trees have been planted and while we are aware it will take severalyears for them to mature, we see surface lighting and materials to the west of thebuilding and had expected prior to its construction there would be no visible storage.We had hope this would be camouflaged and less visible. - Noise: We currently hear high pitched buzzing (similar to a furnace cleaning truckand perhaps saws) on occasion (e.g. weekly) during the daytime. We are grateful it isnot at nighttime, because it can be heard with our house closed with the airconditioning on. I would describe this noise as not excessively loud, but irritating.Hopefully, trees will eventually muffle this sound. We appreciate the opportunity to provide input and share our concerns. As previously mentioned, while we understand the need and benefit of growth to our city, we areasking the Hugo Planning Commission to consider our neighborhood adjacent toSchwieters Companies. We implore you to give serious consideration to our concernsand to not locating a road south off 140th entering the business. We believe althoughindustry is vital to sustaining Hugo and helping it grow, it is neighbors and family whomake Hugo a home and welcoming. Please do not hesitate to contact us. Ourinformation is below. Thank you. Sincerely,Denise & Howard Johnson5239 141st Street Circle NHugo, MN 55038 Home: 651-426-9229Mobile: 651-366-9061 (Denise)Email: howden55@comcast.net Rev. 08/13/20 Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Roy Molitor 4th Addition 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 Victor Land Holdings. (hereinafter referred to as "Developer"). WITNESS: Roy Molitor 4th Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2020-___ on August 17, 2020, approved the Preliminary Plat for a minor subdivision as proposed by the Developer to be known as " Roy Molitor 4th Addition " ; and, WHEREAS, the City Council of the City has, by Resolution Number 2020-___ on August 17, 2020, approved the final plat for a minor subdivision as proposed by the Developer to be known as " Roy Molitor 4th Addition " (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 18 acre parcel of land into 1 lot and 1 outlot and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this Plat. All fees and costs incurred by the City in connection with the Plat shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter referred to as the "Improvements"). All Roy Molitor 4th Addition 3 Improvements shall be constructed and installed pursuant to the terms and conditions herein set forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted specification book and the reasonable direction of City staff. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the Plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the Improvements outlined in this Agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the Plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance, as defined in paragraph 7 of this Agreement. b) Drainage Easements: Drainage easements shall be dedicated on the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading and shall be provided for a respective lot prior to the issuance of a building permit for such lot. d) Private Utilities: All private utilities that are installed, including electricity, telephone, natural gas and cable television, shall be installed underground. e) Mailboxes: Developer shall coordinate mailbox locations with the United States Postal Service. Roy Molitor 4th Addition 4 f) Street Lights: Street lights shall be installed within the Plat according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer shall also submit its Street Lighting Plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the Development property as a result of construction activities associated with the Plat until final acceptance of the Improvements. If the streets are not maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. In no case shall the wear course be placed with less than 50% occupancy. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. 3. City staff or its assignees have visually inspected all roadways and curb within the Development, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: The Improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval of the City in accordance with the approved plans. All Improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) months of the execution of this Agreement. Substantial completion shall consist of all work with the exception of placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from Roy Molitor 4th Addition 5 the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All Improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this Agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the Improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the Improvements listed on Exhibit A. This information shall be provided to the City in the following formats: (a) 1-set mylar drawings (22” x 34”) for all Improvements. (b) 1-set paper drawings (22” x 34”) for all Improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the final plat. All Record Drawings shall include the following information: (a) All bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington Roy Molitor 4th Addition 6 County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the Improvements and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the Improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the Improvements within the Plat have been approved and accepted by the City. The Developer’s engineer shall certify that grading within the Plat was completed in accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues any building permits. The Developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued or the developer is released from its obligation under this Agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public works department. Upon plan approval, the City’s public works department shall install all public signage within the Plat. The installation of all private signage shall be the responsibility of the Developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the City’s public works department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than Improvements shown on the approved plans, shall be permitted in dedicated drainage easements without the prior written permission of the City and any regulatory agency having jurisdiction. Roy Molitor 4th Addition 7 b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The Developer shall also be responsible for non- routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the City’s General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance with the approved landscape plans, the City ordinances, and the City’s General Specification and Standard Details Manual. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no more than 35% sand. Unless specific arrangements are made and agreed to by the City, all landscaping installed within the Plat shall be maintained by the Developer and its successors. All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. Roy Molitor 4th Addition 8 b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of the preliminary plat, have been submitted to the City Council within one hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. Roy Molitor 4th Addition 9 b) Recording. The developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Sales Trailers. The developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. d) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. e) Certificates of Survey. A certificate of survey shall be provided to the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. f) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. g) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners Roy Molitor 4th Addition 10 association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. h) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. i) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. j) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That Development Agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. k) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. E. DAMAGES AND DEFAULT: 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. Model Homes are exempt from this section. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 3. Events of Default. Roy Molitor 4th Addition 11 a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the financial Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be Roy Molitor 4th Addition 12 recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein, except for a portion of the property, and that it has authority to execute this Agreement, with consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in connection with the Project. No transfer or assignment shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the Plat and for any Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this Agreement. 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than thirty (30) days prior to the execution of the Plat. Roy Molitor 4th Addition 13 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. Roy Molitor 4th Addition 14 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 Roy Molitor 4th Addition 15 Developer Victor Land Holdings, LLC. By________________________________ __________________________ Its: STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2020, before me, a Notary Public, within and for said County and State, personally appeared ________________, to me personally known, who, by me duly sworn did say that he is the _____________ of Victor Land Holdings, LLC, a Minnesota corporation, on behalf of said corporation. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Roy Molitor 4th Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author 1-14 Preliminary Plat and Development Plans July 28, 2020 Carlson McCain 1 Final Plat As Recoded at the Washington County Carlson McCain 1 Building Elevations BDH Design Roy Molitor 4th Addition 17 EXHIBIT B APPROVAL CONDITIONS 1. A final plat is approved to allow the creation of 2 lots and 1 outlots, in accordance with the plans received by the City on July 30, 2020, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 17, 2020, and as may be amended. (Resolution # 2020-___) 3. Development is subject to the BP district standards and setbacks. No variances are granted or implied. 4. The development shall comply with the comments in the Engineer’s memo dated August 7, 2020, and all “red-lined” comments sent to the applicants Engineer. 5. In the future if the warehouse building shown in the northwest corner of the plat gains access to 140th Street, the developer shall be responsible for the cost and construction of 140th Street to the west property line of the Lot 1, Block 1, Roy Molitor 4th Addition. The design of the road shall be reviewed and approved by City staff. The following conditions shall be met prior to the issuance of building permits: 6. A site plan application shall be submitted for review and approval by the City. 7. The developer shall pay the sewer and water trunk fees and the City’s SAC and WAC fees will be paid at the time building permits issued. All associated development fees shall also be paid in full. 8. The applicant shall file the final plat and associated documents with Washington County. Proof of recording shall be provided to the City. 9. The applicant shall submit one full set of approved final plans to the City. The following conditions shall be met prior to the issuance of a certificate of occupancy for the building on Lot 2: 10. The developer shall construct the portion of 140th Street as shown on the plans received July 30, 2020, subject to review and approval by City staff. The City shall contribute $91,575, which has been set aside for the construction of 140th Street. Roy Molitor 4th Addition 18 EXHIBIT C ESCROWS, FEES, AND CHARGES a) Escrow for City Costs and Fees. Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $10,071.00. This sum is calculated to be four percent (4%) of the estimate of the required improvements to be installed to serve the development, plus $5,000 which is the minimum balance required in the account, which has been satisfied. b) Cash Escrow or Letter of Credit. Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to ten percent (10%) of the cost to grade the property, plus one hundred twenty-five percent (125%) of the estimated amount of the required roadway and utility improvements to be installed to serve the development. This amount has been calculated by the City’s Engineer to be $158,468.75. This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below 10% of the original amount. The City shall have the right to retain the financial guarantee until the improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $20,216. This sum is calculated to be $0.07 per square foot for the 6.62 acres (288,803 square feet) of Net Developable Area within the Plat. This fee shall be paid before the Final Plat is signed by the City. d) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer within the plat. No storm water ponding fee will be applied. e) Snow Plowing. The Developer agrees to pay a one-time lump sum cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $125.00 ($0.50 x 250 ft = $125.00). f) Pavement Maintenance Fee. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $1,000.00 to cover the cost of the first pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the 250 feet of streets within the Plat. g) Park Dedication. Park Dedication for the plat was satisfied as part of a previous development approval, and no additional park dedication is required. Roy Molitor 4th Addition 19 h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $500.00 into an escrow account with the City. This amount represents an estimated cost to install 1 sign within the development at an estimated cost of $500 per sign. The final amount shall be based on actual costs. j) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee at $13,056.00 for Lot 2. k) Water Trunk Fee. The development shall pay the City water trunk fee at calculated to be $15,680.00 for Lot 2. Roy Molitor 4th Addition 20 EXHIBT D IRREVOCABLE LETTER OF CREDIT No._______________ Date: ______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 200__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than Roy Molitor 4th Addition 21 one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Roy Molitor 4th Addition 22 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Roy Molitor 4th Addition 23 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Roy Molitor 4th Addition 24 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative Agenda Number: H.1 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Hugo Garden Apartments, LLC. Easement Vacation Public Hearing DATE: August 13, 2020, for the City Council Meeting of August 17, 2020 1. PROPOSED MOTION: Move approval of the attached notice vacating the drainage and utility easements located 2. DESCRIPTION OF REQUEST: The applicant is requesting a vacation of the existing drainage and utility easement located over Outlot B, LaValle Fields. The lot will be final platted for the development of Hugo Gardens. New drainage and utility easements will be placed on the lots at the time the final plat is recorded. Staff is comfortable with the applicants requests to vacate the drainage and utility easements. 3. RECOMMENDATION: Staff recommends that the City Council approve the notice to vacate the drainage and utility easement located over Oulot B, LaValle Fields. Attachments: 1. Notice Vacating Drainage and Utility Easement 2. Location Map 3. Drainage and Utility Easement Vacation Plan NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER OULOT B, LAVALLE FIELDS. PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 17th day of August, 2020, completed the proceedings for the vacation of the Drainage and Utility Easement on property legally described as follows: Oulot B, LaValle Fields , Washington County, Minnesota. Dated this 17th day of August, 2020. ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2020, before me, a Notary Public, personally appeared BRYAN BEAR, City Administrator 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 BRYAN BEAR, City Administrator, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public This Instrument was drafted by: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 F r e n c hm a n R o a d 145th Street North 147t h S t r e e t N o r t h 146th Street North Fitzgerald Avenue NorthOneka Parkway NorthFinley Avenue NorthFinale Avenue NorthUpper 146Th Street North 147th Street NorthOneka Parkway NorthF r e n c hm a n R o a d Finale Avenue NorthHugo Gardens Location Map Hugo, MN Site Roads Hugo Border Parcel Boundary ¯0 300Feet 1 in = 300 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\Hugo Gardens.mxdSite MINNESOTA CERTIFICATION I hereby certify that this survey, plan or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 21st day of July, 2020 ______________________________________________ Rory L. Synstelien Minnesota License No. 44565 Project No. 19296 SHEET 1 OF 1 400200 SCALE IN FEET 0 4931 W. 35TH ST. SUITE 200 ST. LOUIS PARK, MN 55416 CivilSiteGroup.com EASEMENT VACATION DESCRIPTION All of those drainage and utility easements and portions thereof, as dedicated by the recorded plat of LAVALLE FIELDS FIRST ADDITION, Washington County, Minnesota, which lie within Outlot B, said LAVALLE FIELDS FIRST ADDITION. Drawn By:TH Agenda Number I.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Kendra Lindahl, Landform through Rachel Juba, Community Development Director SUBJECT: Hugo Garden Apartments, LLC. Request for a Final Plat “Hugo Garden Apartments” (PID 20-031-21-23-0058) (City File No. 20-009 and 20-010) D ATE: August 13, 2020 for the City Council Meeting of August 17, 2020 REVIEW DEADLINE: August 19, 2020 1.DESCRIPTION OF REQUEST: The applicant is requesting approval of a Final Plat to allow construction of 84 apartment units in seven buildings. The final plat will create one lot and one outlot. 2.CONTEXT: A.Surrounding Land Use and Zoning The property is part of the LaValle Fields PUD. The property to the south is guided Medium Density Residential (MD), zoned PUD and developed as Keystone Place at LaValle Fields senior housing. The property to the east is guided MD and Mixed Use (MX), zoned Central Residential (CR-3) and developed with single family homes and Lions Park. The property to the north, across 147th Street, is guided MD, zoned CR-3 and developed with St. John’s Cemetery and vacant City-owned land. The property to the west is guided MD, zoned CR-3 and platted as Outlot C, LaValle Fields First Addition. B.Existing Site Characteristics The site is generally flat and buildable on the east portion of the site with wetlands and floodplain on the west side of the site. C.Background In 2014, the City approved a preliminary plat and planned unit development for “LaValle Fields” on 39.56 acres. The preliminary plat included one lot for the senior housing Hugo Gardens Page 2 facility and four outlots: Outlot A was dedicated as public park, Outlot B and C were planned for future development and Outlot D was planned for stormwater management. The current project includes development of Outlot B and construction of stormwater ponding on Outlot D. 3. ANALYSIS: A. Level of City Discretion in Decision-Making The City has a relatively high level of discretion in approving PUD amendments. A PUD must be consistent with the City’s Comprehensive Plan. The City may impose reasonable requirements in a PUD not otherwise required if the City deems it necessary to promote the general health, safety and welfare of the community and surrounding area. The City’s discretion in approving or denying a preliminary plat is limited to whether or not the proposed plat meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the preliminary plat. B. Consistency with Ordinance Standards Final Plat The applicant has submitted a final plat to replat Outlot B as Lot 1, Block 1 and Outlot A, Hugo Gardens. There are a number of items that the developer and staff are continuing to work to resolve, but we have addressed those outstanding items in the approval conditions. Approval is subject to approval of the easement vacation and approval of the development agreement. C. Conclusions Staff reviewed the final plat against City standards and the original PUD approvals and finds that the proposed project generally conforms. However, there are a number of outstanding issues that must be clarified, and conditions that must be met by the applicant to ensure compliance with City standards. Staff believes that these issues can be addressed through the conditions in the draft resolution regarding those items. 4. RECOMMENDATION: Move to adopt the Resolution Approving the Final Plat ATTACHMENTS: a. Resolution Approving the Final Plat b. Draft Development Agreement c. Engineer’s Memo, dated October 18, 2018 d. Civil Plans received on July 24, 2020 e. Landscape plans received on August 10, 2020 f. Final Plat received on July 24, 2020 RESOLUTION 2020 - ___ 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 WHEREAS, Hugo Garden Apartments, LLC. has requested approval of a Final Plat to create one lot and one outlot on property legally described as follows: Outlot B, LaValle Fields First Addition WHEREAS, the Planning Commission has reviewed the preliminary plat and planned unit development (PUD) amendment at a duly called public hearing and recommended approval of the preliminary plat and PUD amendment; and WHEREAS, the City Council approved the preliminary plat and PUD amendment at its meeting on July 20, 2020. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Hugo Garden Apartments, LLC. for a Final Plat, subject to the following conditions: 1. A final plat is approved to allow the creation of one lot and one outlot, in accordance with the application and plans received by the City on July 24, 2020, and revision received on August 10, 2020, except as amended by this resolution. 2. The development shall substantially comply with all plans and conditions of the PUD and preliminary plat approval granted by the City on July 20, 2020. 3. Development standards shall be as approved PUD amendment approvals dated July 20, 2020. 4. Approval of the final plat is contingent upon approval of the easement vacation. 5. Prior to the release of the final plat for recording, the developer must comply with the following conditions. a. The plans must comply with LaValle Fields PUD approvals in Resolution 2014-03, except as amended by this resolution. b. The plans must be revised to comply with the City Engineer’s memo dated August 13, 2020 and the redline comments that were sent directly to the applicant’s engineer. Resolution 2020-__ Page 2 c. The developer is responsible for improvements to Finale Avenue as required by Resolution 2014-05 approving the PUD for LaValle Fields, except as otherwise modified in the development agreement for Hugo Gardens. Additionally, i. The Finale Avenue street design shall be revised to show on street parking on the east side of the street. ii. The Finale Avenue street width shall be increased to 32-feet to provide space for the on street parking. iii. The plans should show the planned trail east of Finale Avenue. iv. The developer is responsible for improvements to Finale Avenue North, as shown on the plans and amended with the resolution, from 146th Street North to the north end of the right-of-way dedicated for Finale Avenue on the plat. The entire length of the Finale Avenue North realignment through the project shall be constructed with the first layer of bituminous prior to the issuance of a Certificate of Occupancy for the 1st building. d. The City shall agree on a cost share for stormwater management and stormwater reuse. e. The developer shall evaluate the feasibility of a stormwater reuse project for the development. If a stormwater reuse project is feasible, as evaluated by the City, it shall be constructed. This may include the connection to another stormwater reuse system. The developer shall enter into an agreement with the City for the annual costs of the stormwater reuse system, if connecting to another system. f. The PUD amendment includes approval of the following building setbacks: i. Street front: 10 feet ii. Side: 10 feet iii. Rear: 25 feet g. The PUD amendment includes approval of the following parking setbacks: i. Street front: 10 feet ii. Side: 5 feet iii. Rear: 5 feet. h. The architectural plans must be revised to address the following: i. The applicant shall expand the color palette to provide additional colors for the buildings to eliminate monotony within the development. The applicant will work with staff to finalize the design and color palette. ii. The applicant shall provide a final color palette and physical material sample for City review and approval. iii. All ground-level mechanical units shall be low profile and located to the side or rear of the building and shall be screened from view of adjacent properties. iv. The gutters and drainpipes shall be integrated into the building design and shall be reviewed and approved by staff. i. The landscaping plan must be revised to address the following: i. An irrigation plan must be provided. ii. Retaining wall and fence details must be provided. Resolution 2020-__ Page 3 iii. The plans should be revised to eliminate conflicts with the grading and utility plans. j. The lighting plan must be updated to match the site plan and submitted for review and approval by City staff. k. The plans show 29 guest parking stalls where 17 are required. The applicant should consider revising the plan to locate guest parking closer to the northern buildings. l. Guest parking shall comply with the Americans with Disabilities Act as may be applicable. m. No parking will be allowed on the private drives. n. The private drives must comply with City standards for private drives. o. The plans must be revised to show snow storage areas on the plans. p. The fire exhibit must be revised to show compliance with access requirements using the City vehicle template and must include in the southern portion of the site, which is not currently on the plans. q. The proposed trail details must be updated for consistency. The plans show a 10-foot wide trail and the detail shows an 8-foot wide trail. The current trail on the senior housing side is 9 feet, 4-inches wide in a 10-foot trail easement. Final design shall be approved by the City. r. Easement agreements must be obtained from the property at 14602 Finale Avenue. i. The applicant is responsible for ensuring that the emergency access easement is obtained for access from this site to the driveway on the senior apartment site. ii. The applicant is responsible for ensuring that the trail easement is obtained. iii. All easements must be provided in recordable form. iv. Access easements must be reviewed and approved by the City Attorney. Upon City approval, the applicant shall file these documents at Washington County. s. No signage is proposed at this time. Should signage be desired, the applicant must apply for a sign permit with details ensuring compliance with ordinance requirements. t. The developer shall provide the City with a copy of the draft apartment agreement or similar document. The document should address the following: i. No parking shall be allowed on the private drives. ii. Private garages should remain open for vehicle parking. iii. Trash and recycling will be individual unit containers and the contract will be managed by the apartment manager. Resolution 2020-__ Page 4 u. The developer is responsible for improvements to Finale Avenue North, as shown on the plans and amended with the resolution, from 146th Street North to the north end of the right-of-way dedicated for Finale Avenue on the plat. The entire length of the Finale Avenue North realignment through the project shall be constructed with the first layer of bituminous prior to the issuance of a Certificate of Occupancy for the 1st building. v. Park dedication shall be cash-in-lieu of land in the amount of $87,414.72 due at the time of final plat. w. The applicant must submit an application for Vacation of the existing easement in the west portion of the site with the Final Plat application. x. The developer must provide easements from property owner to the south to provide access to the driveway and a trail along the east side of the stormwater pond on their property. y. The developer shall enter into an assessment agreement for the trunk water and sewer fees in the amount of $114,944. The agreement is subject to review and approval by the City Council and must be approved prior to issuance of building permits. The following trunk fees must be paid: i. Trunk Sewer = $ 52,224.00 ii. Trunk Water = $62,720.00 z. The City shall agree on a cost share for stormwater management and stormwater reuse. i. The City shall contribute $136,000 to stormwater management. ii. A stormwater oversizing credit of $10,002.70 shall be applied. iii. If the developer does not execute the stormwater reuse agreement and connect to the system, they will be responsible for repayment of the credits. aa. The developer shall provide a development phasing plan for City review. bb. All assessments shall be paid in full. cc. The City' s development fees will apply to this project. The fee amounts will be calculated and included as part of the Development Agreement. 6. Prior to issuance of building permits: a. The final plat and easement vacation must be approved and filed at Washington County. b. The development agreement must be executed and financial guarantees in place. c. A complete set of revised plans addressing the conditions of approval shall be submitted for city approval. d. The applicant shall obtain all necessary local, state, and federal permits. e. The developer must obtain all necessary stormwater management and WCA permits from the City. f. The developer shall obtain all necessary local, state, and federal permits. Resolution 2020-__ Page 5 ADOPTED by the City Council this 17th day of August, 2020. _____________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Hugo Gardens Development THIS AGREEMENT, made and entered into this _____ day of _______________, 200__ 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 (hereinafter referred to as "Developer"). WITNESS: Development 2 WHEREAS, the City Council of the City has, by Resolution Number ____________ on July 20, 2020, approved the Preliminary Plat for a major subdivision as proposed by the Developer to be known as "Hugo Gardens”; and, WHEREAS, the City Council of the City has, by Resolution Number __________ on ___________ , approved the Final Plat for a major subdivision as proposed by the Developer to be known as "Hugo Gardens" ("The Plat"); and, WHEREAS, the Plat proposed a development of an approximately17.61-acre parcel of land into one (1) lot and one (1) outlot; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this development. All fees and costs incurred by the City in connection with the development shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the development in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and Ordinances of the City, and subject to all City Resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements hereinafter collectively called "improvements." All Development 3 improvements shall be constructed and installed pursuant to the terms and conditions herein set forth in accordance with the plans approved and listed on Exhibit A, subject to all City Resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted Specification Book and the direction of City staff. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the public street, utility, and storm drainage improvements outlined in this agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow to the City staff and City consultants access to the property to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance of the development. b) Drainage Easements: Drainage easements shall be given so as to cover wetlands and stormwater ponding areas based upon 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading. Soil compaction tests shall be provided for respective lot prior to the issuance of a building permit for each respective lot. d) Private Utilities: All utilities, including electricity, telephone, natural gas and cable television, shall be installed underground. e) Mailboxes: Developer shall coordinate mailbox locations with the Postmaster. f) Street Lights: Street lights shall be installed within the plat according to a street lighting plan which will first be approved by the City Engineer. Developer Development 4 shall also submit its street lighting plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the Development property as a result of construction activities associated with the plat until final acceptance of the improvements. If the streets are not maintained in a manner acceptable to the City, the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. In no case shall the wear course be placed with less than 50% occupancy. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. 3. City staff or its assignees have visually inspected all roadways and curb within the Development, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: All work for improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval of the City in accordance with the approved plans. All improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) months of the execution of this agreement. Substantial completion shall consist of all work with the exception of placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from the Developer of the existence of causes over which the Developer has no control which will delay the Development 5 completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the improvements listed on Exhibit A. This information shall be provided to the City in the following formats (a) 1-set mylar drawings (22” x 34”) for all improvements. (b) 1-set paper drawings (22” x 34”) for all improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the Final Plat. All Record Drawings shall include the following information: (a) All Bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: Development 6 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the improvement projects and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the improvements within the plat have been approved and accepted by the City. The developer’s engineer shall certify that grading within the plat was completed in accordance with the approved grading plan before the City issues any building permits. The developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued or the developer is released from its obligation under this agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the proposal development. The plan shall be reviewed and approved by the City’s Public Works Department. Upon plan approval, the City’s Public Works Department shall install all public signage within the development. The installation of all private signage shall be the responsibility of the developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the Public Works Department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than improvements shown on the approved plans, shall be permitted in defined drainage easements without the prior written permission of the City and any regulatory agency having jurisdiction. b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City Development 7 on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The City shall be responsible for non-routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the Cities General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-138 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the plat shall be landscaped in accordance with the approved landscape plans, the City’s Landscape Ordinance, and the City’s Specification Book. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the Certificate of Occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. Except as required otherwise, back yards need only be sodded to a minimum depth of ten (10) feet directly behind the principal building with the remainder to be seeded. Lawn areas shall be established with turf consisting of a mix containing at least two-thirds improved and elite type Kentucky bluegrass varieties, or as otherwise specified on approved landscape plans. All seeded areas shall be seeded at an application rate as recommended by the supplier of the seed. All landscaped areas shall be tilled in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no more than 35% sand. Unless specific arrangements are made and agreed to by the City, all landscaping installed within the plat shall be maintained by the developer and its successors. All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate Development 8 topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The development shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this subdivision approval is given subject to the following requirements: a) Expiration. The final plat documents must be submitted to the City Council within one hundred twenty (120) days of preliminary plat approval or else the preliminary plat approval shall be null and void and the final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the Council motion giving final plat approval or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Development 9 Washington County. b) Recording. The developer shall record the DA with Washington County simultaneous with the recording of the plat, and shall forward confirmation of the DA to the City prior to the issuance of building permits. All applicable conditions of plat approval must be met before any deeds are stamped for recording and prior to the recording of the final plat at the Washington County Recorder's Office. Final plat approval shall be contingent upon compliance with the grading, storm water drainage and utility plan approved and upon compliance with this Development Agreement. d) Sales Trailers. The developer may be entitled to a maximum of one temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved final plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the Planning Commission and City Council in connection with the approval of the development. f) Certificates of Survey. A certificate of survey shall be provided to the Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and a grading plan, tree preservation and landscaping plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit “B,” the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this Development. The property owners association shall be responsible for maintenance and repair of all common elements as listed Development 10 in the property owners’ association documents within this Development and the same shall be maintained in good condition in accordance with all ordinances and directions of the City. Developer agrees to provide a copy of the property owners’ association documents to the City before final plat approval. In the event of failure or refusal of any property owners association to so maintain or repair then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. j) Deed restrictions shall advise owners of all lots of the requirements of this Development Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer acknowledges that a separate Development Agreement will be entered into at the time of final plat approval of subsequent phases. That Development Agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. l) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the land which does not comply with the City Zoning Ordinance until final acceptance of the improvements. E. DAMAGES AND DEFAULT: 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of Development 11 the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 3. Events of Default. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with Development 12 respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under the Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein and that it has authority to execute this Development Agreement and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developers agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in connection with the Project. No transfer or assignment shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the plat and for any improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this agreement. Development 13 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance policy dated not earlier than 30 days prior to the execution of the plat. Development 14 IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. CITY OF HUGO By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 20__, before me, a Notary Public, personally appeared Tom Weidt and Michele Lindau, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Development 15 Developer By___________________________________ By__________________________________ Its_________________________________ Its________________________________ STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 20__, before me, a Notary Public, personally appeared _________________ and __________________, husband and wife, who signed the foregoing instrument and acknowledged said instrument to be their free act and deed. __________________________________________ Notary Public STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20__, before me, a Notary Public, within and for said County and State, personally appeared _________________________ and _________________________, to me personally known, who, being each by me duly sworn did say that they are respectively the ___________________ and the ___________________ of _____________________________________, a Minnesota corporation, named in the foregoing instrument, and that said instrument was signed on behalf of __________________________ ____________, by authority of its Board of Directors and said ____________________ and ______________________ acknowledged said instrument to be the free act and deed of said corporation. __________________________________________ Notary Public Development 16 DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Development 17 EXHIBIT A LIST OF DEVELOPMENT PLANS • Hugo Gardens Final Plat Plan Set submittal dated 8/10/20 by CivilSite Group • Preliminary Stormwater Management Plan dated 7/24/20 by CivilSite Group • Fire Truck Turn Exhibit dated 7/24/20 by CivilSite Group • Hugo Gardens Final Plat submittal dated 7/21/20 by CivilSite Group • Hugo Gardens Preliminary Plat submittal dated 7/21/20 by CivilSite Group • Landscape plans submitted 8/10/20 by CivilSite Group Development 18 EXHIBIT B APPROVAL CONDITIONS 1. Approval of the final plat is contingent upon approval of the easement vacation. 2. Prior to the release of the final plat for recording, the developer must comply with the following conditions. a. The plans must comply with LaValle Fields PUD approvals in Resolution 2014-03, except as amended by this resolution. b. The plans must be revised to comply with the City Engineer’s memo dated August 13, 2020 and the redline comments that were sent directly to the applicant’s engineer. c. The developer is responsible for improvements to Finale Avenue as required by Resolution 2014-05 approving the PUD for LaValle Fields, except as otherwise modified in the development agreement for Hugo Gardens. Additionally, i. The Finale Avenue street design shall be revised to show on street parking on the east side of the street. ii. The Finale Avenue street width shall be increased to 32-feet to provide space for the on street parking. iii. The plans should show the planned trail east of Finale Avenue. iv. The developer is responsible for improvements to Finale Avenue North, as shown on the plans and amended with the resolution, from 146th Street North to the north end of the right-of-way dedicated for Finale Avenue on the plat. The entire length of the Finale Avenue North realignment through the project shall be constructed with the first layer of bituminous prior to the issuance of a Certificate of Occupancy for the 1st building. d. The City shall agree on a cost share for stormwater management and stormwater reuse. e. The developer shall evaluate the feasibility of a stormwater reuse project for the development. If a stormwater reuse project is feasible, as evaluated by the City, it shall be constructed. This may include the connection to another stormwater reuse system. The developer shall enter into an agreement with the City for the annual costs of the stormwater reuse system, if connecting to another system. f. The PUD amendment includes approval of the following building setbacks: Development 19 i. Street front: 10 feet ii. Side: 10 feet iii. Rear: 25 feet g. The PUD amendment includes approval of the following parking setbacks: i. Street front: 10 feet ii. Side: 5 feet iii. Rear: 5 feet. h. The architectural plans must be revised to address the following: i. The applicant shall expand the color palette to provide additional colors for the buildings to eliminate monotony within the development. The applicant will work with staff to finalize the design and color palette. ii. The applicant shall provide a final color palette and physical material sample for City review and approval. iii. All ground-level mechanical units shall be low profile and located to the side or rear of the building and shall be screened from view of adjacent properties. iv. The gutters and drainpipes shall be integrated into the building design and shall be reviewed and approved by staff. i. The landscaping plan must be revised to address the following: i. An irrigation plan must be provided. ii. Retaining wall and fence details must be provided. iii. The plans should be revised to eliminate conflicts with the grading and utility plans. j. The lighting plan must be updated to match the site plan and submitted for review and approval by City staff. k. The plans show 29 guest parking stalls where 17 are required. The applicant should consider revising the plan to locate guest parking closer to the northern buildings. l. Guest parking shall comply with the Americans with Disabilities Act as may be applicable. m. No parking will be allowed on the private drives. n. The private drives must comply with City standards for private drives. o. The plans must be revised to show snow storage areas on the plans. Development 20 p. The fire exhibit must be revised to show compliance with access requirements using the City vehicle template and must include in the southern portion of the site, which is not currently on the plans. q. The proposed trail details must be updated for consistency. The plans show a 10-foot wide trail and the detail shows an 8-foot wide trail. The current trail on the senior housing side is 9 feet, 4-inches wide in a 10-foot trail easement. Final design shall be approved by the City. r. Easement agreements must be obtained from the property at 14602 Finale Avenue. i. The applicant is responsible for ensuring that the emergency access easement is obtained for access from this site to the driveway on the senior apartment site. ii. The applicant is responsible for ensuring that the trail easement is obtained. iii. All easements must be provided in recordable form. iv. Access easements must be reviewed and approved by the City Attorney. Upon City approval, the applicant shall file these documents at Washington County. s. No signage is proposed at this time. Should signage be desired, the applicant must apply for a sign permit with details ensuring compliance with ordinance requirements. t. The developer shall provide the City with a copy of the draft apartment agreement or similar document. The document should address the following: i. No parking shall be allowed on the private drives. ii. Private garages should remain open for vehicle parking. iii. Trash and recycling will be individual unit containers and the contract will be managed by the apartment manager. u. The developer is responsible for improvements to Finale Avenue North, as shown on the plans and amended with the resolution, from 146th Street North to the north end of the right-of-way dedicated for Finale Avenue on the plat. The entire length of the Finale Avenue North realignment through the project shall be constructed with the first layer of bituminous prior to the issuance of a Certificate of Occupancy for the 1st building. v. Park dedication shall be cash-in-lieu of land in the amount of $87,414.72 due at the time of final plat. w. The applicant must submit an application for Vacation of the existing easement in the west portion of the site with the Final Plat application. Development 21 x. The developer must provide easements from property owner to the south to provide access to the driveway and a trail along the east side of the stormwater pond on their property. y. The developer shall enter into an assessment agreement for the trunk water and sewer fees in the amount of $114,944. The agreement is subject to review and approval by the City Council and must be approved prior to issuance of building permits. The following trunk fees must be paid: i. Trunk Sewer = $ 52,224.00 ii. Trunk Water = $62,720.00 z. The City shall agree on a cost share for stormwater management and stormwater reuse. i. The City shall contribute $136,000 to stormwater management. ii. A stormwater oversizing credit of $10,002.70 shall be applied. iii. If the developer does not execute the stormwater reuse agreement and connect to the system, they will be responsible for repayment of the credits. aa. The developer shall provide a development phasing plan for City review. bb. All assessments shall be paid in full. cc. The City' s development fees will apply to this project. The fee amounts will be calculated and included as part of the Development Agreement. 3. Prior to issuance of building permits: a. The final plat and easement vacation must be approved and filed at Washington County. b. The development agreement must be executed and financial guarantees in place. c. A complete set of revised plans addressing the conditions of approval shall be submitted for city approval. d. The applicant shall obtain all necessary local, state, and federal permits. e. The developer must obtain all necessary stormwater management and WCA permits from the City. f. The developer shall obtain all necessary local, state, and federal permits. Development 22 EXHIBIT _C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $77,160. This sum is calculated to be four percent (4%) of the estimate of the required improvements to be installed to serve the development. b) Cash Escrow or Letter of Credit. Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one hundred twenty-five percent (125%) of the estimated amount of the required improvements to be installed to serve the development. This amount has been calculated by the City’s Engineer to be two million four hundred eleven thousand two hundred thirty five dollars ($2,411,235). This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below 10% of the original amount. The City shall have the right to retain the financial guarantee until the improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $ $26,163.00. This sum is calculated to be $0.07 per square foot for the 373,745 square feet of Net Developable Area within the Plat. This fee shall be paid before the Final Plat is signed by the City. d) Storm Water Ponding Fee. The Developer is providing onsite pond; therefore, the stormwater ponding fee is waived. e) Snow Plowing. Developer agrees to pay a cash escrow to the City to cover the cost of snowplowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $0.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $ $550 (i.e., $.050x 1,110 = $550). f) Street Maintenance. The Developer shall post a cash escrow with the City in the amount of $ $4,400 to cover the cost of the first sealcoating of the streets in the Plat. This sum is calculated to be $4.00 per foot for the 1,110 feet of streets within the Plat. g) Park Dedication. Developer agrees to pay a park dedication fee of $1,040.00 per unit for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 84 units within the plat (i.e. total due $87,414.00). Development 23 h) Escrow for Street Signage. Developer shall deposit $6,000.00 into an escrow account with the City. This amount represents an estimated cost to install signage within the development. The final amount shall be based on actual costs. i) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee calculated to be $52,224.00 j) Water Trunk Fee. The development shall pay the City water trunk fee calculated to be $62,720.00. k) Stormsewer Oversizing Credit. The Developer shall be provided a credit for stormsewer utility oversizing in the amount of $10,002.70. To be credited when the public improvements are accepted by the City. Development 24 EXHIBIT D_ IRREVOCABLE LETTER OF CREDIT No._______________ Date:______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 200__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. Development 25 This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Development 26 EXHIBIT _E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Development 27 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 ore more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Development 28 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative Development 29 EXHIBIT E MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , hold a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agree that the Development Contract shall remain in full force and effect even if they foreclose on their mortgage. Dated this _______ day of ___________________, 200__. STATE OF MINNESOTA ) ) ss. COUNTY OF __________________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 200__, by . Notary Public Development 30 DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 C:\Users\rachel.juba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\O7PY7DSU\015672-000 LTR RJuba-Hugo Gardens Final Plat 081320.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM August 13, 2020 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Final Plat Review Hugo Gardens WSB Project No. 015057-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Hugo Gardens development located west of Finale Avenue and south of 147th Street. In particular, we have reviewed the following plans related to this particular request: • Hugo Gardens Final Plat Plan Set submittal dated 8/10/20 by CivilSite Group • Preliminary Stormwater Management Plan dated 7/24/20 by CivilSite Group • Fire Truck Turn Exhibit dated 7/24/20 by CivilSite Group • Hugo Gardens Final Plat submittal dated 7/21/20 by CivilSite Group • Hugo Gardens Preliminary Plat submittal dated 7/21/20 by CivilSite Group • Responses to Engineering Comment Memo, Preliminary Plat Resolution, PUD Resolution dated 7/24/20 by CivilSite Group Based on the review of the above documents, we offer the following comments related to this application: Grading, Street, and Utility Plans 1. Access from the site will come from the extension of Finale Avenue along the Right of Way the City of Hugo had previously acquired. The new alignment of Finale Avenue shifts to the west of its current alignment between Upper 146th Street and 147th Street. Three access locations onto Finale Avenue are proposed. The old portion of Finale Avenue will have the road materials removed and replaced with topsoil. 2. The ROW the City received years ago for the future Finale Avenue alignment is being modified to accommodate state aid requirements and will require a portion of the ROW to be vacated, allowing more green space within the development. Similarly, the ROW the City received for the future 147th Street alignment has been requested to be modified to accommodate state aid standards with the applicant providing this additional ROW as part of their plat. 3. Coordination with utility companies will be required to determ ine what infrastructure exists along the existing portion of Finale Avenue and to plan according to have it relocated. 4. Finale Avenue will be required to be constructed by the developer with bump outs to accommodate parking on the east side of the roadway. 5. An additional access into the site is proposed to come from the entrance drive from Keystone Place. This additional access is helpful considering the alignment of the internal Ms. Rachel Juba August 13, 2020 Page 2 access drive to the southeastern two buildings has some curves that may be challenging for emergency vehicle access. The developer will be required to show this access has been granted by agreement. 6. The Hugo Fire Department has reviewed the site for hydrant placement and emergency vehicle access. Applicant has made some minor modifications and requests for information from staff. 7. Sidewalk is proposed to be constructed on the west side of Finale avenue by the developer, while an 8-ft trail on the east side of Finale Avenue will be constructed as part of a future Lion’s Park Improvement project. 8. A trail extending from the Keystone Place trail is proposed to extend through the site and connect to Finale Avenue. 9. Sanitary sewer service is available to the site from the existing 18” sanitary sewer located in the intersection of 146th Street and Finale Avenue. Sanitary sewer will be extended down the proposed alignment of Finale Avenue and into the site at multiple locations. Access to Keystone Place will be required to be maintained/coordinated while this connection at the intersection is being made. 10. Water infrastructure exists within the southern portion of Finale Avenue. Watermain will be extended north along the proposed Finale Avenue alignment and connect to the existing 12” watermain stub located at the north end of the proposed Finale Avenue alignment near the well house. An existing watermain stub from Keystone Place to the southwest will provide an additional water connection for looping through the development. 11. An existing stormwater outlet from the stormwater pond located in Keystone Place extends through the proposed site. The plans show relocation of this outlet pipe that will require vacation of the existing drainage and utility easement. Drainage and Utility Easements already exist west of the proposed site improvements where wetlands and stormwater management features are proposed. All existing drainage and utility easements were vacated. 12. A drainage and utility easements will be required to be placed where the relocated Keystone Place stormwater outlet is placed. 13. Drainage and utility easements will be required for the sanitary sewer, watermain, and storm sewer (only public portion that extends from Finale through the site). The City will be responsible for maintenance associated with the sanitary sewer and water mains, not individual services. Easement widths should be a minimum of 20-ft wide, or a width of twice the depth of the pipe, whichever is greater. Applicant will provide additional easements following approval of the utility alignments. 14. Detailed redline comments have been provided on the plans and sent to the Applicant’s engineer so they can be addressed in future submittals. 15. The development agreement outlines fees and credits associated with this project. Stormwater Management 16. The applicant has submitted a draft of their Storm water Management Plan for the site. The applicant is proposing to use a stormwater pond/wetland combination to meet stormwater requirements for this site. It is anticipated that this design will be able to meet stormwater control requirements. Soil borings for the proposed pond location are still forthcoming. This pond/wetland management system is sized to provide stormwater management for Finale Avenue, the majority of the future 147th Street and Lions Park improvements. As outlined in the development agreement, the City is responsible for their share of these costs. 17. Staff has been developing a document called the Comprehensive Stormwater Management Plan that contains a credit and tracking system for water reuse projects within the City. These credits that have been generated can then be used for City projects where infiltration Ms. Rachel Juba August 13, 2020 Page 3 is not feasible. These credits can also be sold to development projects in instances where infiltration is not feasible. 18. As part of the City’s Comprehensive Water Resource’s Management Plan, there are a number of additional water reuse projects that the City is interested in pursuing. The City is currently planning for the construction of a water reuse system that would take stormwater from the pond located in the northwest quadrant of Oneka Parkway and CSAH 8. This project is proposed to irrigate the CSAH 8 median and boulevard areas, Lions Park, City Hall, Finale Boulevards (new segment) and 147th Boulevards (new segment). To fulfill infiltration requirements, Hugo Gardens is proposing to participate in the costs associated with the water reuse project. Since this water reuse system will not be in place at the time of project approvals, use of the credits generated from previous water reuse projects are proposed to be used for this project for permitting purposes until such time that the water reuse system constructed by the City is available to this site. The Comprehensive Stormwater Management Plan has been approved by the City Council and is anticipated to be approved by Rice Creek Watershed District in the coming weeks. 19. The applicant is showing a stormwater pond being excavated north of the future 147th Street. The applicant’s engineer indicated they have yet to complete an earthwork balance for the site and that material may be needed for the proposed site improvements. This additional ponding area is anticipated to be used to provide stormwater treatment for a small portion of the future 147th Street project. 20. Stormwater plan and model comments have been provided to applicant and will need to be addressed in future submittals. Wetland 21. There are no direct impacts to wetlands proposed, however the applicant will need to demonstrate the wetland is not cut off from hydrology by intercepting the surface water and placing it into the proposed stormwater pond. We are waiting for updated HydroCad and stormwater report from CSG. 22. Actively working with CSG on two alternatives for Pond 1. One alternative would utilize the existing wetland as part of the stormwater BMP and the other would be installed directly adjacent as shown in the plans. 23. Temporary wetland impacts for storm sewer construction will need to be applied for. Thank you for the opportunity to provide comments on this project. Additional comments may be necessary following the review of the responses to these. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Kendra Lindahl, Landform (email only) ELEC.SERVICE FLAG POLE934.0FFE93 3 . 0 CO - P I P E STORMWATERDETENTION AREAEXISTING BUILDINGEXISTINGGARAGE926.83PVC-INV-15"WETLANDHC HCNPNPNP NPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNPNP3-CS3-BS10-WP5-CS5-BS8-BS8-WP8-CS2-BS18-WP3-BS5-BS6-BS5-BS4-BS7-SM7-RM3-KC2-KC2-KC2-GI2-GI2-GI2-GI1-HA1-HA1-HA1-HA1-HA3-SW2-SW15-SM11-RM1-SM1-RM2 - PC2-TH2 - PC2-TH2-TH2-TH2 - PC2 - PC2-SS2-SS3-APC8-SMD14-TAY5-APC4-CSC8-SMD5-CSC3-APC8-SMD14-TAY5-APC4-CSC8-SMD5-CSC4-CSC8-SMD14-TAY3-APC5-CSC8-SMD4-CSC3-APC8-CSC8-SMD14-TAY3-APC4-CSC8-SMD5-CSC3-APC5-KFG8-PMD5-DKL4-KFG14-MEJ8-PMD3-DKL15-KFG8-PMD3-DKL4-KFG14-MEJ8-PMD3-DKL5-KFG8-PMD3-DKL8-KFG4-KFG14-MEJ8-PMD3-DKL5-KFG8-PMD3-DKLROCKMULCH, TYP.ROCKMULCH, TYP.5-KFG14-MEJ8-PMD3-DKL4-KFG8-PMD5-DKL4-KFG4-GI4-CS8-CSC4-CSC8-KFG8-KFG8-CSC8-KFG8-KFG8-CSC12-KFG4-CSC8-KFG8-CSC8-KFG8-SMD14-TAY5-APC4-CSC8-SMD5-CSC3-APC18-KFG14-MEJ5-PMD3-DKL19-KFG4-PMD3-DKL4-CSC8-KFG8-CSC8-KFGROCKMULCH, TYP.ROCKMULCH, TYP.ROCKMULCH, TYP.ROCKMULCH, TYP. TYP.SOD, TYP.SOD, TYP.SOD, TYP.12-APC19-DKL7-APC11-DKL10-APC41-APC2-BA2-SWREVISION SUMMARYDATEDESCRIPTIONL1.0SOUTH LANDSCAPEPLAN............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060Hugo Gardens HUGO, MINNESOTA 6008 VIRGINIA AVE, EDINA, MN 55424 HUGO GARDEN APARTMENTS LLC PROJECT 24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/24/2020ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:1929604.17.2020CITY RE-SUBMITTAL07/24/2020FINAL PLAT SUBMITTAL........02.21.2020AMENDMENT TO PUDDRAWN BY:REVIEWED BY: KT, ND, JDPS..............COPYRIGHT CIVIL SITE GROUP INC.c01" = 40'-0"40'-0"20'-0"NKnow what'sbelow.before you dig.CallRPLANT SCHEDULE - ENTIRE SITESYMQUANT.TOTALCOMMON NAMEBOTANICAL NAMESIZEROOTCOMMENTSDECIDUOUS TREESRM19NORTHWOOD RED MAPLE*Acer rubrum 'Northwood'3" CAL.B&BSTRAIGHT LEADER. FULL FORMSM23SUGAR MAPLEAcer saccharum3" CAL.B&BSTRAIGHT LEADER. FULL FORMHA12COMMON HACKBERRYCeltis occidentalis3" CAL.B&BKC15ESPRESSO KENTUCKY COFFEETREEGymnocladus dioicus 'Espresso'3" CAL.B&BSW19SWAMP WHITE OAKQuercus bicolor3" CAL.B&BGI16AUTUMN GOLD GINKOGinko Bilboa 'Autumn Gold'3" CAL.B&BBA6BASSWOODTilia americana3" CAL.B&BEVERGREEN TREESBS47BLACK HILLS SPRUCEPicea glauca 'Densata'6' ht.B&BSTRAIGHT LEADER. FULL FORMCS37COLORADO SPRUCEPicea pungens6' ht.B&BSTRAIGHT LEADER. FULL FORMWP35WHITE PINEPinus strobus6' ht.B&BORNAMENTAL TREESMalus 'Spring Snow'1.5" CAL.B&BSTRAIGHT LEADER. FULL FORMPC8PRAIRIEFIRE FLOWERING CRABMalus 'Prairiefire'1.5" CAL.B&BSTRAIGHT LEADER. FULL FORMSS8SPRING SNOW FLOWERING CRABMalus 'Spring Snow'1.5" CAL.B&BSTRAIGHT LEADER. FULL FORMTH8THORNLESS HAWTHORNCrataegus crus-galli 'Inermis'1.5" CAL.B&BSTRAIGHT LEADER. FULL FORMSE4AUTUMN BRILLIANCE SERVICEBERRYAmelanchier x grandiflora 'Autumn Brilliance(tree form)'1.5" CAL.B&BSHRUBS - CONIFEROUS & EVERGREENMEJ98MEDORA JUNIPERJuniperus scopulorum 'Medora'36" HT.CONT.APC143ALPINE CURRANTRibes alpinum24" HT.CONT.TAY98TAUNTON'S YEWTaxus x media 'Tauntonii'24" HT.CONT.DKL130DWARF KOREAN LILACSyringa meyeri 'Palibin'24" HT.CONT.PERENNIALS & GRASSESKFG213KARL FOERSTER GRASSCalamagrostis x acutiflora "Karl Foerster"#1CONT.PMD105PARDON ME DAYLILLYHemerocallis 'Pardon Me'#1CONT.SMD112STELLA SUPREME DAYLILLYHemerocallis 'Stella Supreme'#1CONT.CSC151Cheyenne Spirit ConeflowerEchinacea 'Cheyenne Spirit'#1CONT.LAWN - SODSEED TYPE 1 - MNDOT 34-262 WET PRAIRIE, PERMNDOT SEEDING MANUAL SPECIFICATIONS (2014)1" DIA. ROCK MAINTENANCE STRIP OVER FILTER FABRIC,SAMPLES REQUIRED. PROVIDE EDGING AS SHOWN ON PLANPROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEE PLANT SCHEDULEAND PLAN FOR SPECIES AND PLANTING SIZESEDGINGLEGEND1.WHERE SHOWN, SHRUB & PERENNIAL BEDS SHALL BE MULCHED WITH 4" DEPTH (MINIMUM AFTER INSTALLATION AND/OR TOP DRESSING OPERATIONS) OF SHREDDEDCYPRESS MULCH.2.ALL TREES SHALL BE MULCHED WITH SHREDDED CYPRESS MULCH TO OUTER EDGE OF SAUCER OR TO EDGE OF PLANTING BED, IF APPLICABLE. ALL MULCH SHALLBE KEPT WITHIN A MINIMUM OF 2" FROM TREE TRUNK.3.IF SHOWN ON PLAN, RANDOM SIZED LIMESTONE BOULDERS COLOR AND SIZE TO COMPLIMENT NEW LANDSCAPING. OWNER TO APPROVE BOULDER SAMPLES PRIORTO INSTALLATION.4.PLANT MATERIALS SHALL CONFORM WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND SHALL BE OF HARDY STOCK, FREE FROM DISEASE,DAMAGE AND DISFIGURATION. CONTRACTOR IS RESPONSIBLE FOR MAINTAINING PLUMPNESS OF PLANT MATERIAL FOR DURATION OF ACCEPTANCE PERIOD.5.UPON DISCOVERY OF A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOWN ON THE SCHEDULE AND THE QUANTITY SHOWN ON THE PLAN, THE PLAN SHALLGOVERN.6.CONDITION OF VEGETATION SHALL BE MONITORED BY THE LANDSCAPE ARCHITECT THROUGHOUT THE DURATION OF THE CONTRACT. LANDSCAPE MATERIALS PARTOF THE CONTRACT SHALL BE WARRANTED FOR ONE (1) FULL GROWING SEASONS FROM SUBSTANTIAL COMPLETION DATE.7.ALL AREAS DISTURBED BY CONSTRUCTION ACTIVITIES SHALL RECEIVE 4" LAYER TOPSOIL LOAM AND SOD AS SPECIFIED UNLESS OTHERWISE NOTED ON THEDRAWINGS.8.COORDINATE LOCATION OF VEGETATION WITH UNDERGROUND AND OVERHEAD UTILITIES, LIGHTING FIXTURES, DOORS AND WINDOWS. CONTRACTOR SHALL STAKEIN THE FIELD FINAL LOCATION OF TREES AND SHRUBS FOR REVIEW AND APPROVAL BY THE LANDSCAPE ARCHITECT PRIOR TO INSTALLATION.9.ALL PLANT MATERIALS SHALL BE WATERED AND MAINTAINED UNTIL ACCEPTANCE.10.REPAIR AT NO COST TO OWNER ALL DAMAGE RESULTING FROM LANDSCAPE CONTRACTOR'S ACTIVITIES.11.SWEEP AND MAINTAIN ALL PAVED SURFACES FREE OF DEBRIS GENERATED FROM LANDSCAPE CONTRACTOR'S ACTIVITIES.12.REPAIR AT NO COST TO THE OWNER IRRIGATION SYSTEM DAMAGED FROM LANDSCAPE CONSTRUCTION ACTIVITIES.13.PROVIDE SITE WIDE IRRIGATION SYSTEM DESIGN AND INSTALLATION. SYSTEM SHALL BE FULLY PROGRAMMABLE AND CAPABLE OF ALTERNATE DATE WATERING.THE SYSTEM SHALL PROVIDE HEAD TO HEAD OR DRIP COVERAGE AND BE CAPABLE OF DELIVERING ONE INCH OF PRECIPITATION PER WEEK. SYSTEM SHALL EXTENDINTO THE PUBLIC RIGHT-OF-WAY TO THE EDGE OF PAVEMENT/BACK OF CURB.14.CONTRACTOR SHALL SECURE APPROVAL OF PROPOSED IRRIGATION SYSTEM INLCUDING PRICING FROM OWNER, PRIOR TO INSTALLATION.LANDSCAPE NOTES: 42" RCP APPROXIMATE 12" DIP WATERMAIN LOCATION INV.=891.19 927.4 927.8913.19MHSAN42" RCP WETLANDWETLANDWETLANDWETLAND10' MAINTENANCE BENCHNPNPNPNPNPNPNPNPNPNPNPNPNP8-SMD14-TAY5-APC4-CSC8-CS3-BS3-BS9-CS4-CS3-BS3-CS4-BS1-SW2-KC2-KC2-KC6-KC1-GI2-GI2-GI1-HA3-SW2-SW5-SW3-SW11-RM1-SM1-RM2-SE2-SS2 - PC2-SE2-SS2 - PC2-TH2-TH8-SMD5-CSC3-APC8-SMD14-TAY3-APC4-CSC8-SMD5-CSC3-APC8-SMD14-TAY5-APC4-CSC8-SMD5-CSC3-APC8-SMD14-TAY5-APC4-CSC8-SMD5-CSC3-APC4-CSC4-KFG14-MEJ8-PMD3-DKL5-KFG8-PMD3-DKL8-KFG4-KFG14-MEJ8-PMD3-DKL5-KFG8-PMD5-DKL4-KFG14-MEJ8-PMD3-DKL4-KFG14-MEJ8-PMD3-DKL5-KFG8-PMD3-DKL1-GI2-GI4-GI1-GI8-KFG8-KFG8-CSC8-KFG4-CSC8-CSC4-CSC8-KFG8-CSC12-KFG4-CSC8-KFG8-CSCROCKMULCH, TYP.ROCKMULCH, TYP.ROCKMULCH, TYP.ROCKMULCH, TYP.SOD, TYP.SOD, TYP.SOD, TYP.SOD, TYP.SOD, TYP.18-DKL15-DKL18-DKL41-APC15-APC7-APC2-BA1-SW2-BAREVISION SUMMARYDATEDESCRIPTIONL1.1CENTRAL LANDSCAPEPLAN............Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060Hugo Gardens HUGO, MINNESOTA 6008 VIRGINIA AVE, EDINA, MN 55424 HUGO GARDEN APARTMENTS LLC PROJECT 24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/24/2020ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:1929604.17.2020CITY RE-SUBMITTAL07/24/2020FINAL PLAT SUBMITTAL........02.21.2020AMENDMENT TO PUDDRAWN BY:REVIEWED BY: KT, ND, JDPS..............COPYRIGHT CIVIL SITE GROUP INC.cKnow what'sbelow.before you dig.CallR01" = 40'-0"40'-0"20'-0"NLAWN - SODSEED TYPE 1 - MNDOT 34-262 WET PRAIRIE, PERMNDOT SEEDING MANUAL SPECIFICATIONS (2014)1" DIA. ROCK MAINTENANCE STRIP OVER FILTER FABRIC,SAMPLES REQUIRED. PROVIDE EDGING AS SHOWN ON PLANPROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEE PLANT SCHEDULEAND PLAN FOR SPECIES AND PLANTING SIZESEDGINGLEGEND 914.2 916.0915.7916.7907.58CMP-72-TOP 905.58CMP-72-TOP916.1 916.2915.3914.2914.4914.4914.8 914.6915.0 N52°12 '02 "E 411 .2861.92914.25MHSTORM 913.52CBBC 913.67CBBC913.47CBBC913.78CBBC913.91MHSTORM 915.14MHSAN914.77MHSAN914.8915.0 915.8916.0 916.0 915.20MHSAN914.7 913.19MHSAN908 910910910910912914914914914 9109089 0 8912910910910908912910906910908908910912 91 2 9 1 2 91 0 914Civil Engineering Surveying Landscape Architecture4931 W. 35th Street, Suite 200St. Louis Park, MN 55416civilsitegroup.com 612-615-0060Hugo Gardens HUGO, MINNESOTA 6008 VIRGINIA AVE, EDINA, MN 55424 HUGO GARDEN APARTMENTS LLC PROJECT 24904Patrick J. SarverLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.07/24/2020ISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:1929604.17.2020CITY RE-SUBMITTAL07/24/2020FINAL PLAT SUBMITTAL........02.21.2020AMENDMENT TO PUDDRAWN BY:REVIEWED BY: KT, ND, JDPS..............COPYRIGHT CIVIL SITE GROUP INC.cREVISION SUMMARYDATEDESCRIPTIONL1.2NORTH LANDSCAPEPLAN............01" = 40'-0"40'-0"20'-0"NKnow what'sbelow.before you dig.CallRFACE OF BUILDING, WALL, OR STRUCTUREMIN. 3" LAYER OF ROCK MULCH AS SPECIFIED. PROVIDE SAMPLE TOLANDSCAPE ARCHITECT FOR APPROVAL PRIOR TO INSTALLATIONFINISHED GRADECOMPACTED SUBGRADEWATER PERMEABLE GEOTEXTILE FABRIC AS SPECIFIED18" - VERIFY W/ PLANAGGREGATE MAINTANENCE STRIPN T SSTAKED LANDSCAPE EDGER AS SPECIFIED, SEE MANUFACTURER'SINSTRUCTIONS AND SPECS. FOR INSTALLATION AND PLACEMENTSLOPE - MIN. 2%, MAX. 5:1VERIFY W/ GRADING PLAN1PERENNIAL BED PLANTINGN T SPLANT TOP OF ROOTBALL 1-2" ABOVE ABOVESURROUNDING GRADEROOTS AT OUTER EDGE OF ROOTBALL LOOSENED TOENSURE PROPER BACKFILL-TO-ROOT CONTACTSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDEXISTING GRADEROCK OR ORGANIC MULCH, SEE GENERAL LANDSCAPENOTES AND PLAN NOTES FOR MULCH TYPE. KEEPMULCH MIN. 2" FROM PLANT STEMBACKFILL AS PER SPECIFICATIONDO NOT EXCAVATE BELOW ROOTBALL.SIZE VARIESSEE LANDSCAPE PLANMODIFY EXCAVATION BASED ON LOCATION OF PLANTMATERIAL AND DESIGN OF BEDS OR OVERALL PLANTPLACEMENT4DECIDUOUS & CONIFEROUS SHRUB PLANTINGN T SPRUNE AS FIELD DIRECTED BY THE LANDSCAPEARCHITECT TO IMPROVE APPEARANCE (RETAINNORMAL SHAPE FOR SPECIES)PLANT TOP OF ROOTBALL 1-2" ABOVE ABOVESURROUNDING GRADEROOTS AT OUTER EDGE OF ROOTBALL LOOSENED TOENSURE PROPER BACKFILL-TO-ROOT CONTACTSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDEXISTING GRADEROCK OR ORGANIC MULCH, SEE GENERAL LANDSCAPENOTES AND PLAN NOTES FOR MULCH TYPE. KEEPMULCH MIN. 2" FROM PLANT TRUNKBACKFILL AS PER SPECIFICATIONDO NOT EXCAVATE BELOW ROOTBALL.THREE TIMES WIDTHOF ROOTBALLRULE OF THUMB - MODIFY EXCAVATION BASED ONLOCATION OF PLANT MATERIAL AND DESIGN OF BEDSOR OVERALL PLANT PLACEMENT3THREE TIMES WIDTHOF ROOTBALLDECIDUOUS & CONIFEROUS TREE PLANTINGN T SPRUNE AS FIELD DIRECTED BY THE LANDSCAPEARCHITECT TO IMPROVE APPEARANCE (RETAINNORMAL TREE SHAPE)THREE 2"X4"X8' WOODEN STAKES, STAINED BROWNWITH TWO STRANDS OF WIRE TWISTED TOGETHER.STAKES SHALL BE PLACED AT 120° TO ONE ANOTHER.WIRE SHALL BE THREADED THROUGH NYLONSTRAPPING WITH GROMMETS. ALTERNATE STABILIZINGMETHODS MAY BE PROPOSED BY CONTRACTOR.TRUNK FLARE JUNCTION: PLANT TREE 1"-2" ABOVEEXISTING GRADEMULCH TO OUTER EDGE OF SAUCER OR TO EDGE OFPLANTING BED, IF APPLICABLE. ROCK OR ORGANICMULCH, SEE GENERAL LANDSCAPE NOTES AND PLANNOTES FOR MULCH TYPE. KEEP MULCH MIN. 2" FROMPLANT TRUNKEXISTING GRADECUT AND REMOVE BURLAP FROM TOP 1/3 OF ROOTBALL. IF NON-BIODEGRADABLE, REMOVE COMPLETELYSLOPE SIDES OF HOLE OR VERTICAL SIDES AT EDGE OFPLANTING BEDBACKFILL AS SPECIFIEDCOMPACT BOTTOM OF PIT, TYP.RULE OF THUMB - MODIFY EXCAVATION BASED ONLOCATION OF PLANT MATERIAL AND DESIGN OF BEDSOR OVERALL PLANT PLACEMENT2LAWN - SODSEED TYPE 1 - MNDOT 34-262 WET PRAIRIE, PERMNDOT SEEDING MANUAL SPECIFICATIONS (2014)1" DIA. ROCK MAINTENANCE STRIP OVER FILTER FABRIC,SAMPLES REQUIRED. PROVIDE EDGING AS SHOWN ON PLANPROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEE PLANT SCHEDULEAND PLAN FOR SPECIES AND PLANTING SIZESEDGINGLEGEND 04/16/2020AddressHugo, MNPRELIMINARY NOT FOR CONSTRUCTION - Bid SetHugo GardensREG. 50476 Date: 04/16/2020Hung Ly SHEET NO. DRAWN BY:PROJECT NO.: DATE: SHEET TITLE REVISIONSBy Me Or Under MyThis Plan Was PreparedI Hereby Certify ThatOf The State OfUnder The LawsDuly RegisteredDirect SupervisionAnd I Am AMinnesotaArchitect--/--/ ----ArchitectsHL2924 W. St. Germain St.St. Cloud, MN 56301320-237-7411: hlarchitects2000@gmail.comPROJECT INDEX, DRAFTING SYMBOLS, AND AERIAL MAP A0.0 Hugo Gardens Address Hugo, MN AERIAL MAP NOT TO SCALE: #4%*+6'%674#. A1.0 A1.1 ARCHITECTURAL A1.3 A1.4 A3.4 A0.0 190'4 #4%*+6'%6 %+8+. 5647%674#. /'%*#0+%#. '.'%64+%#. %1064#%614 ,1$5+6' 241,'%6+0&': &'8'.12'4 HL ARCHITECTS 2924 WEST ST. GERMAIN STREET ST. CLOUD, MN 56301 320-237-7411 HUNG LY, ARCHITECT DESIGN-BUILD TMT LAND II, LLC XXX XXX DESIGN-BUILD CIVIL SITE GROUP ST. LOUIS PARK, MN 55416 4931 W. 35TH STREET, SUITE 200 DUFFY ENGINEERING AND ASSOCIATES, INC. ST. CLOUD, MN 56304 350 HIGHWAY 10 SOUTH A0.1 320-259-6991 RYAN J. SEAVERT, PE. 612-615-0060 PATRICK SARVER A1.2 XXXX XXXX XXXX STRUCTURAL S1 S2 S3 S4 S5 S6 PLUMBING DESIGN - BUILD MECHANICAL DESIGN - BUILD ELECTRICAL DESIGN - BUILD PROJECT INDEX, DRAFTING SYMBOLS, AND AERIAL MAP GENERAL NOTES AND SPECIFICATIONS AND SPECIAL INSPECTIONS FOOTING AND FOUNDATION PLAN 2ND FLOOR FRAMING PLAN ROOF FRAMING PLAN SECTIONS AND DETAILS SECTIONS AND DETAILS CODE ANALYSIS AND LIFE SAFETY PLANS FIRST FLOOR PLAN AND DETAILS SECOND FLOOR PLAN ENLARGED FLOOR PLANS AND NOTES A1.5 ROOF PLAN A2.0 EXTERIOR ELEVATONS A3.0 WALL SECTION A3.1 A3.2 A3.3 A4.0 SITE LOCATION FINALE AVE. N.ENLARGED FLOOR PLANS AND NOTES ENLARGED FLOOR PLANS AND NOTES WALL SECTION WALL SECTION WALL SECTION STAIR SECTION AND NOTES WINDOW, DOOR, STOREFRONT TYPES, AND ROOM AND DOOR FINISH SCHEDULES S4 ROOF FRAMING PLAN 224.41Δ=24°29'29"R=525.00N47°00'00"E 172.13N88°42'45"W120.65N80°41'12"W5.00N09°18'48"E 700.00 N73°23'12"W 564.880.64N09°18'48"EN73°23'12"W176.24S5 0 ° 0 0 ' 0 0 "W 2 9 8 . 0 6 81.97S58°06'41 "W N6 7 ° 5 6 ' 0 7 " W 52. 2 1 N00°00'00"E 161.01 78.16N90°00'00"WN65°00'00"W34.02N00°00'00"E 117.1520.43Δ=90°03'13"R=13.00S89°56'47"W 199.53S00°28'14"W 260.08 216.32Δ=55°05'08"R=225.00230.69Δ=48°03'49"R=275.00S06°33'05"E 149.81150.55 Δ=31°22 ' 0 0 " R=275.0 0 195.70Δ=30°18'15"R=370.00153.01Δ=20°23'18"R=430.00S70°45'04"E 198.12S60°50'06"E 466.44S89°31'46"E5.00S00°00'00"E19.38101.42LOT 1BLOCK 1Wet LandEdge of Wet LandEdge of Wet LandEdge ofWet LandWet LandEdge of Wet LandWetLandN52°12 '02 "E 411 .28161.71404.52Metropolitan S ew e r E a s em e n tper Doc. No. 287958Top of DitchMiddle Line Branch No. 3of Judicial Ditch No. 3Drainage & Utility Easementover all of OUTLOT ADrai n a g e & U t i l i t y Ease m e n t Drainage & Utility Easement West Line of Sec. 20, Twp. 31, Rng. 21 East Line of Sec. 19, Twp. 31, Rng. 21 North Line of the SW 1/4of the NW 1/4 of Sec. 20, Twp. 31, Rng. 21East 1/4 Corner ofSec. 19, Twp. 31, Rng. 21/West 1/4 Corner ofSec. 20, Twp. 31, Rng. 21North Line of the SE 1/4of the NE 1/4 of Sec. 20, Twp. 31, Rng. 21N73°23'12"W98.87445.34 N00°23'48"E 1/2 Inch Iron PipeW/ Cap #177651/2 Inch Iron PipeW/ Cap #177651/2 Inch Iron PipeW/ Cap #177651/2 Inch Iron PipeW/ Cap #415781/2 In c h I r o n P i p eW/ C a p # 4 15 7 8 1/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron Pipe W/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #415781/2 Inch Iron PipeW/ Cap #177651/2 Inch Iron PipeSee Detail "A"OUTLOT A80.18 619.82S35°28'59"W 150.88 75.10S71°48'20"WS54°59 '47 "W 124 .17 S 3 5 ° 4 6 ' 1 8 " W 1 4 7 . 1 2 87.76 S15° 2 6 ' 3 7 " W 86 . 7 6 S 3 1 ° 3 1 ' 0 8 " W S2 4 ° 0 9 ' 0 0 " W 1 0 6 . 4 5 64. 7 9S19 ° 4 2 ' 0 2 " W 75. 5 1S21 ° 3 2 ' 5 9 " W S34°35'33"W46.67Drainage & UtilityEasementDrainage & UtilityEasementDrainage & UtilityEasement365.01NE Corner ofSec. 19, Twp. 31, Rng. 21/NW Corner ofSec. 20, Twp. 31, Rng. 21S00°23'48"W 1332.43 1 5 . 0 015.25N39°59'31"WN5 0 ° 57 ' 3 8 " E 10 9 .1 3 N47°48'30"W 207.336 5 . 4 6 HUGO GARDENSKNOW ALL PERSONS BY THESE PRESENTS: That Hugo Garden Apartments LLC, a Minnesota limited liability company, fee owner of the following describedproperty situated in the County of Washington, State of Minnesota, to wit:OUTLOT B, LAVALLE FIELDS FIRST ADDITION, Washington County, MinnesotaHas caused the same to be surveyed and platted as HUGO GARDENS and does hereby dedicate to the public for public use forever the public way and the drainageand utility easements as created by this plat for drainage and utility purposes only.In witness whereof said Hugo Garden Apartments LLC, a Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20.Hugo Garden Apartments LLCBy ItsSTATE OF , COUNTY OF This instrument was acknowledged before me on this day of , 20, by ,its of Hugo Garden Apartments LLC, a Minnesota limited liability company, on behalf of the company. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,SURVEYORS CERTIFICATEI Rory L. Synstelien, do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State ofMinnesota; that this plat is a correct representation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that allmonuments depicted on this plat have been, or will be correctly set within one year; that all water boundaries and wet lands, as defined in Minnesota Statutes,Section 505.01, Subd. 3, as of the date of the surveyor's certification are shown and labeled on this plat; and all public ways are shown and labeled on this plat.Dated this day of , 20.Rory L. Synstelien, Licensed Land SurveyorMinnesota License No. 44565STATE OF MINNESOTA, COUNTY OF This instrument was acknowledged before me on this day of , 20, by Rory L. Synstelien, Licensed Land Surveyor. My Commission Expires:Notary Public, Signature Notary Printed NameNotary Public County,CITY OF HUGO CITY COUNCILThis plat of HUGO GARDENS was approved and accepted by the City Council of Hugo, Minnesota this day of , 20,CITY OF HUGOSigned Signed Mayor ClerkWASHINGTON COUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subdivision 11, this plat has been reviewed andapproved this day of , 20.ByBy Washington County SurveyorWASHINGTON COUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subdivision 9 and Section 272.12, taxes payable in the year on real estate hereinbeforedescribed, have been paid; and there are no delinquent taxes, and transfer has been entered on this day of , 20 .ByBy Washington County Auditor/Treasurer DeputyWASHINGTON COUNTY RECORDERDocument Number .I hereby certify that this instrument was filed in the Office of the County Recorder for record on thisday of , 20,at o'clockM. and was duly recorded in Washington County Records.ByBy Washington County Recorder DeputyDenotes a Cast Iron Monument.NThe orientation of this bearing system is based onthe Washington County Coordinate System (NAD 83)Denotes a Found Iron Monument (Type as shown on plat)Denotes a 1/2 inch by 14 inch Rebar Marked "RLS 44565"SCALE: 1 INCH = 80 FEET160408004080SCALE IN FEET0.64N09°18'48"EN80°41'12"W5.00N73°23'12"W176.24NOT TO SCALEDETAIL "A"VICINITY MAPNNOT TO SCALESECTIONS 19 AND 20, TOWNSHIP 31N, RANGE 21WCITY OF HUGO, WASHINGTON COUNTY, MINNESOTA1920 18/13/2020 4:02 PMHugo City CouncilSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31August 2020Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30September 2020August 2020Jul 262728293031Aug 1Filing for Candidacy 2345678Filing for Candidacy 7:00pm Council Meets91011121314155:00pmFiling for Candidacy 7:00am Primary Election6:30pm BOZA7:00pm Planning Comm161718192021227:00pm Council Meets5:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm232425262728295:00pm Burger Night (Legion)6:30pm BOZA7:00pm Planning Comm3031Sep 12345SUNDAY MONDAY TUESDAY WEDNESDAYTHURSDAY FRIDAY SATURDAY 28/13/2020 4:02 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 Comm131415161718195:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm202122232425267:00pm Council Meets5:00pm Burger Night (Legion)6:30pm BOZA7:00pm Planning Comm27282930Oct 123SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY