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2020.10.05 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: 811 4223 0655 Passcode: 024994 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. September 21, 2020 City Council Meeting 2. September 24, 2020 Public Works Ground Breaking Ceremony E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Update on COVID-19 City Response and Grant Approval G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approval of Claims 2. Approve Annual Performance Review for Public Works Worker Adam Greeder 3. Approve Resolution Appointing Election Judges for 2020 General Election 4. Approve Renewal of Mining Permit for Mike Atkinson 5. Approve Resolutions Approving the Site Plan, CUP Amendment, and Variance for Grundhofer’s Old Fashion Meats Located at 15449 Forest Boulevard North 6. Approve Resolution to Continue Participating in the Met Council Livable Communities Act 7. Approve Replacement of 2009 Toro Groundsmaster Area Mower 8. Approve Replacement of 2008 John Deer Zero Turn Mower Agenda HUGO CITY COUNCIL MEETING REMOTE MEETING MONDAY, OCTOBER 5, 2020 – 7 P.M. H. AWARD OF BID 1. Approve Resolution Providing for the Issuance and Sale of $8,000,000 General Obligation Capital Improvement Plan Bonds I. PUBLIC HEARING 1. Goodview Avenue Improvement Project Assessment Hearing J. UNFINISHED BUSINESS 1. Lions Park Design Development Consultant Contracts K. NEW BUSINESS 1. Approve Resolution Reducing the Speed on Goodview Avenue North L. VISITOR PRESENTATIONS 1. None Scheduled M. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Update N. ADMINISTRATIVE PRESENTATIONS 1. Arcand Park Grand Opening on Wednesday, October 7, 2020 2. Lions Park Community Workshop on Monday, October 12, 2020 3. Schedule Interviews for Fire Chief Position for Week of October 12, 2020 O. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING MONDAY, OCTOBER 5, 2020 D. 1 Minutes for the September 21, 2020 City Council Meeting D.2 Minutes for the September 24, 2020 Public Works Ground Breaking Ceremony Staff recommends Council approve the above meeting minutes as presented. F.1 Update on COVID-19 City Response and Grant Approval The City of Hugo has applied for and has been awarded a COVID-19 Response Grant for Election Administrators from The Center for Tech and Civic Life (CTCL). CTCL is a nonpartisan organization that provides technical assistance to election administrators across the country and has established a grant program to support municipalities with a demonstrated need in the administration of safe elections during the pandemic. The grant funds can be used to cover certain 2020 Election expenses incurred between June 15, 2020 and December 31, 2020 that are associated with the safe administration of election responsibilities during the COVID-19 pandemic. Grant funds can be used to procure personal protective equipment and disinfecting supplies for poll workers and voters, educate voters on safe voting policies and procedures, provide additional training for poll workers on how to safely administer elections in the midst of the pandemic, and pay for increased costs for polling site cleaning and sanitation. Staff recommends that the City Council accept the $5,000.00 COVID-19 Response Grant for Election Administrators from The Center for Tech and Civic Life. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Worker Adam Greeder In 2007, Adam Greeder was hired by the City of Hugo as one of its summer seasonal maintenance workers in the Hugo Public Works Department. On October 6, 2008, Adam became part of the department as a full-time employee as an apprentice for the Public Works Maintenance Worker. Public Works Director Scott Anderson recommends Council approve the annual performance review for Public Works Worker Adam Greeder. G.3 Approve Resolution Appointing Election Judges for 2020 General Election State Statute requires the governing body to approve the appointment of election judges at least 25 days prior to the election. City Clerk Michele Lindau has recruited 56 judges to work the 2020 General Election. This is considerable more than what was needed in past elections due to the requirements of COVID-19. All election judges will receive 2.5 hours of training, which includes COVID related instructions. Staff recommends the Council approve the resolution appointing election judges for the 2020 General Election. G.4 Approve Renewal of Mining Permit for Mike Atkinson The Mining Permit for Mike Atkinson on his property located on the south side of 147th Street between Irish and Hyde Avenue expired on August 2, 2020. Atkinson has applied for a renewal the permit for another two years. For the past several years, the site has been used to stockpile material, with no mining activity taking place. When the permit was renewed in 2012, the Council allowed the Atkinsons to move forward with the Mining Permit renewal process without all the conditions being met until the time mining operations began again, due to the cost of meeting those conditions. The requirements not being met are to biannually provide a topographic map of the site, calculation of stockpiled material, amount of granular material left on site to be mined, and a reclamation plan. Staff has found very minimal activity on the site to require those conditions be met for the renewal of his permit. Staff recommends Council approve the Mining Permit for Mike Atkinson for property located on 147th Street North with the condition that all requirements in the permit be met when mining activity begins again. G.5 Approve Resolutions Approving the Site Plan, CUP Amendment, and Variance for Grundhofer’s Old Fashion Meats Located at 15449 Forest Boulevard North Spencer Grundhofer has applied for a site plan, CUP amendment, and variance for Grundhofer’s Old Fashion Meats located at 15449 Forest Boulevard North. The requests are to allow a 2,450 square foot addition to the existing 2,880 square foot building on site. The existing buildings on site are legal nonconforming in regard to the side yard building setback and the applicant is requesting a 12 foot side yard setback, where 30 feet is required for the proposed addition. The applicant is also requesting the existing meat market and meat processing facility CUP be amended to reflect the new site plan. The Planning Commission reviewed the request and held a public hearing at their September 24, 2020 meeting. No one spoke at the public hearing. The Planning Commission recommended approval of the site plan, CUP amendment, and variance for Grundhofer’s Old Fashioned Meats located at 15449 Forest Boulevard North. G.6 Approve Resolution to Continue Participating in the Met Council Livable Communities Act The City of Hugo has previously elected to be a participant in the Metropolitan Livable Communities Act (LCA) Program. Participation on the program provides the City with an opportunity to compete for grants and loans to support activities that help the City meet its affordable and life cycle housing goals, clean up polluted sites, and support demonstration projects linking jobs, housing, and transit. The City received demonstration grants in 2004 and 2007 for Hugo Downtown redevelopment project planning. The Metropolitan Council would like the City to formally adopt LCA goals for the next 10 years through 2030, which are consistent with the City’s Comprehensive Plan. The City must do this to remain eligible to apply for the Metropolitan Council’s LCA grants. Staff recommends the City Council approve the resolution adopting the affordable and life cycle housing goals for 2021 – 2030. G.7 Approve Replacement of 2009 Toro Groundsmaster Area Mower Public Works Department has been exploring options to replace its current area wide mower. This mower is used to mow the grass in our large parks like Hanifl Fields, Beaver Ponds, Lions Park, as well as Oakshore Park. Staff recommends Council approve the purchase of a Kubota L6060 Tractor with turf tires and various attachments from Olson Power and Equipment in the amount of $100,154.34. G.8 Approve Replacement of 2008 John Deer Zero Turn Mower Public Works Department has been exploring options to replace its current John Deer Zero Turn mower. This mower is used to mow parks in the summer and also used to blow and broom snow in the winter months. Staff recommends Council approve the purchase of a Ferrris ZT 37/61 Zero Turn Mower from Olson Power and Equipment in the amount of $15,400. H.1 Approve Resolution Providing for the Issuance and Sale of $8,000,000 General Obligation Capital Improvement Plan Bonds Bids for the sale of these bonds will be accepted until 11:00 a.m. on Monday, October 5th. Paul Steinman with Baker Tilly will present the bid tabulation to the City Council along with a recommendation for awarding the sale. The resolution will be prepared based on the bids and will be presented to the City Council at the meeting. I.1 Goodview Avenue Improvement Project Assessment Hearing At its September 8, 2020 meeting, the Council adopted the resolution declaring costs to be assessed for the Goodview Avenue Improvement Project, and scheduled the hearing on the proposed assessments for this evening. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. Engineer Mark Erichson will present a summary of the project, the assessment process, and related costs of the project. Staff recommends the Mayor open the public hearing to take all comments and approve the resolution adopting assessments for the Goodview Avenue Improvement Project. J.1 Lions Park Design Development Consultant Contracts The City Council adopted a Master Plan and Feasibility Study for Lions Park at their July 20, 2020 meeting. Consultant proposals were received for the design development of Lions Park. The proposals do not include preparation of construction documents. The consultants will work with multiple stakeholder groups to develop the design of the pavilion, playground, and remaining park site to 50% with estimates of probable costs. This work is anticipated to take place this fall, with final designs being brought to the Council in January or February 2021. Approval is recommended of two contracts with WSB and a proposal from HCM Architects to develop the design of Lions Park. K.1 Approve Resolution Reducing the Speed Limit on Goodview Avenue North In May 2019, Minnesota State Legislature passed a bill granting cities the authority to set speed limits under their jurisdiction. This statute went into effect August 1, 2019. The purpose of this memo is to provide the City Council with background information on the speed limit rules and to provide information on what next steps they would need to follow to implement a speed change on Goodview Avenue South of Egg Lake Road. Goodview Avenue (south of County Road 8) is currently posted as a 50 MPH roadway. Improvements completed along the roadway with the 2020 Goodview Avenue Street Improvement project included widening the road from a 24-foot width to a 26-foot width. To accommodate MnDOT’s policy for a state aid roadway with a design speed of 50 MPH or higher, the wider roadway allows for two 11-foot driving lanes and two 2-foot paved shoulders. Should the City Council determine that they would be in favor of reducing speed limit on Goodview Avenue to 40 MPH (consistent with Goodview Avenue north of County Road 8), the driving lane could be reduced to 10 feet, allowing an additional foot of paved shoulder on both sides of the roadway. The wider shoulder would provide a safer route for pedestrians and bicyclists, which was a large concern for residents participating in the public hearings for this project. Staff recommends Council approve the resolution reducing the speed limit along that portion of Goodview to 40 mph. M.1 Yellow Ribbon Network Update Council Member Chuck Haas and Council Member Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. N.1 Arcand Park Grand Opening on Wednesday, October 7, 2020 Council has scheduled a meeting to attend the Grand Opening of Arcand Park on Wednesday, October 7, 2020, at 3 p.m. The park is located at 13246 Fondant Trail North. N.2 Lions Park Community Workshop on Monday, October 12, 2020 Council has scheduled a meeting to attend the Lions Park Community Workshop on Monday, October 12, 2020 at 7 p.m. This meeting will be held virtually. N.3 Schedule Interviews for Fire Chief Position for Week of October 12, 2020 Fire Chief Kevin Colvard will be resigning his position on the Fire Department effective January 1, 2021. Staff has advertised for his replacement and recommends Council schedule interview sometime during the week of October 12-16, 2020. O. Adjournment Meeting held remotely pursuant to MN Statute Sec. 13D.021. ZOOM Meeting ID # 813 5739 4122 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, Community Development Director Rachel Juba, Finance Coordinator Anna Wobse, Community Development Assistant Emily Weber PRESENT AT CITY HALL: City Administrator Bryan Bear, Finance Director Ron Otkin, City Clerk Michele Lindau Approval of Minutes for the September 8, 2020, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on September 8, 2020, as presented. Roll call vote – all ayes. Motion carried. Approval of Minutes for the September 15, 2020, Midyear Budget Workshop Klein made motion, Miron seconded, to approve the minutes for the Midyear Budget Workshop held on September 15, 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, COVID Budget, and Business Grant Program City Administrator Bryan Bear provided a brief update on how the City was responding to the COVID-19 pandemic. He informed Council that absentee voting was currently taking place and the City Clerk was working on provisions for in-person voting that would include modifications to ensure social distancing and other rules were met. City rooms were open for rental with capacity limits and modified rules. City Hall was open and all City services were being provided. Virtual meetings will continue to occur until audio/visual upgrades are complete for the Council Chambers. Building permits can be issued online, and over 50% of permits have been issued that way. Bear provided an update on the CARES COVID budget Business Grant program saying there was $200,000 available for local businesses. Applications were available and the City was getting a good response. Those interested should apply soon because it was on a MINUTES HUGO CITY COUNCIL MEETING REMOTE MEETING TUESDAY, SEPTEMBER 21, 2020 – 7 P.M. Hugo City Council Meeting Minutes for September 21, 2020 Page 2 of 6 first come, first serve basis. All applications should be in by September 30th. Consent Agenda Petryk made motion, Klein seconded, to approve the following consent agenda: 1. Approve Claims Roster 2. Approve Annual Performance Review for City Clerk Michele Lindau 3. Approve Annual Performance Review for Public Works Worker Paul Christianson 4. Approve Annual Performance Review for Amber Lozier as Finance and Public Works Administrative Assistant 5. Approve Resolution Approving Preliminary Tax Levy for 2021 6. Approve Extension of Leave of Absence for Firefighter Baily Lund 7. Approve Pay Voucher No. 1 for Goodview Avenue Improvement Project 8. Approve Pay Voucher 4 & 5 for Waters Edge Stormwater Reuse Project – Phase 2 9. Approve Pay Voucher No. 13 for Water Tower No 4 10. Approve $2,000 Donation from the American Legion to the Hugo Fire Department 11. Approve Proclamation Proclaiming October as Toastmasters Month 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 City Clerk Michele Lindau Michele Lindau was hired as the new City Clerk in the City of Hugo on January 1, 2008. Michele was originally hired by the City of Hugo as a part time employee in 1997 and a full time employee beginning May 1, 1999. Adoption of the Consent Agenda approved the annual performance review for City Clerk Michele Lindau. Approve Annual Performance Review for Public Works Worker Paul Christianson Paul Christianson was hired as a Public Works Worker on September 27, 2004. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Paul Christianson. Approve Annual Performance Review for Finance and Public Works Administrative Assistant Amber Lozier Amber Lozier was hired as the Finance and Public Works Administrative Assistant on October 8, 2018. Amber Lozier had worked for the City as a temporary scanning technician since February, 2015. Adoption of the Consent Agenda approved the Annual Performance Review for Amber Lozier. Hugo City Council Meeting Minutes for September 21, 2020 Page 3 of 6 Approve Resolution Approving Preliminary Tax Levy for 2021 At its September 15, 2020, mid-year budget workshop, the City Council listened to a presentation from Finance Director Ron Otkin highlighting revenues and expenditures to-date as well as projections for the 2021 fiscal year. It was the consensus of the Council that the 2021 preliminary tax levy provide for no increase in the urban tax rate. The total proposed 2021 property tax levy of $8,916,507 would keep the urban tax rate at 39.186% of tax capacity. The Finance Director believed this levy was sufficient to fund the operating and capital budgets in 2021 and it mets the objectives of the City Council. Adoption of the Consent Agenda approved RESOLUTION 2020 – 51 RESOLUTION APPROVING PRELIMINARY TAX LEVY PAYABLE IN 2021. Approve Extension of Leave of Absence for Firefighter Baily Lund Baily Lund had been on leave since May 15, 2020, and had requested an extension of her Leave of Absence. Adoption of the Consent Agenda approved the extension of the Leave of Absence for Firefighter Baily Lund until December 31, 2020. Approve Pay Voucher No. 1 for Goodview Avenue Improvement Project T.A. Schfisky & Sons, Inc. had submitted Pay Voucher No. 1 in the amount of $244,989.81 for work certified through September 11, 2020, on the Goodview Avenue Improvement Project. The reclamation process had been completed on the project with paving to happen later in September. Adoption of the Consent Agenda approved payment to T.A. Schifisky & Sons, Inc in the amount of $244,989.81. Approve Pay Voucher 4 & 5 for Waters Edge Stormwater Reuse Project –Phase 2 Staff had received Pay Voucher No. 4 & 5 from Peterson Companies, Inc. for the Water’s Edge Stormwater Reuse -Phase 2 project for work certified through August 31, 2020. Adoption of the Consent Agenda approved payment in the amount of $71,756.05 for Payment Voucher No. 4 and $6,239.66 for Payment Voucher No. 5 to Peterson Companies, Inc. Approve Pay Voucher No. 13 for Water Tower No 4 The City had received Pay Voucher No. 13 from CB&I, LLC for the Water Tower No. 4 Improvement Project for work certified through August 31, 2020. Adoption of the Consent Agenda approved payment of Pay Voucher No. 13 in the amount of $344,736.00l. Approve $2,000 Donation from the American Legion to the Hugo Fire Department The Hugo American Legion would like to donate $2,000 from gambling proceeds to the Hugo Fire Department for training and equipment. Adoption of the Consent Agenda approved this donation. Approve Proclamation Proclaiming October as Toastmasters Month The City of Hugo had been contacted by a member of a Toastmasters group in White Bear Lake requesting the City of Hugo proclaim the month of October as Toastmasters month Adoption of Hugo City Council Meeting Minutes for September 21, 2020 Page 4 of 6 the Consent Agenda approved the proclamation proclaiming October as Toastmasters Month Approve “Adelaide Landing Park” as the Name of the New Park in Adelaide Landing At their meetings of August 19 and September 16, 2020, the Parks Commission recommended that the new park in Adelaide Landing be named “Adelaide Landing Park” and the sports field to be named in honor of the family that farmed the land for generations previous to development, “Arthur Arcand Field”. Hass removed this item from the Consent Agenda stating the naming of parks should keep in mind the sense of where the property originates, especially if the family had made great contributions. He stated the Arcands were volunteers, served in the military, were long time farmers, have been around for decades and generations, and their history should be preserved. Weidt agreed and added that the park was connected to three other neighborhoods and he didn’t want to give the impression that it was only for Adelaide residents. He stated he didn’t think it should be named after a marketing team that came up with the name Adelaide. He said it was important that residents moving in knew that there was a purpose of the land before it was developed and it should be remembered. Klein agreed with Weidt and Haas saying “Arcand” would be a fitting name for the park because it provided a small town community feel, and the relationship to the past was important. He said that folks who made the community what it is today should be honored. Petryk agreed that it was very fitting to name it “Arcand” park. She acknowledged that the Parks Commission had a discussion about this and she asked Parks Planner Shayla Denaway what their concerns were. Denaway replied that she felt the primary factor was to provide directions and give indication to where the park was located. She said from her experience, the development name doesn’t really help since lots of people don’t know what the developments are named. Weidt added that he had been involved in the approval of many neighborhoods and doesn’t remember most names. Miron agreed to maintaining some of the history when naming parks and suggested the park naming policy be reconsidered for future opportunities. Haas made motion, Klein seconded, to name the park “Arcand Park” and to construct a marker to give historical prospective to those attending the park. Roll call vote – all ayes. Motion carried. Yellow Ribbon Network Update Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently and showed some photos. Barb Connelly and Marilyn Stromberg redid the display in the City Hall lobby featuring YRN activities. There was a youth hunt at Wild Wings with 25 hunters sponsored by Wild Wings and Pheasants Forever. Care Hugo City Council Meeting Minutes for September 21, 2020 Page 5 of 6 packages were sent to Djibouti, Africa. The YRN assisted in a move from Maplewood to Vadnais Heights with the help from the Hugo Lions Club and St. Johns Men’s Club. The Hugo Lions Club held a golf outing for military folks. Last year, a Forest Lake high school student did a huge care package event, and the student organizing it was nominated for a congressional citizen’s award. Reschedule Groundbreaking for Public Works Facility to September 24, 2020 Staff had scheduled the Public Works groundbreaking ceremony to September 17, 2020, but due to scheduling conflicts, City Administrator Bryan Bear recommended Council reschedule the groundbreaking ceremony to Thursday, September 24, 2002 at 3 p.m. Miron made motion, Klein seconded, to hold the Public Works Groundbreaking Ceremony on Thursday, September 24, 2020, at 3 p.m. Roll call vote – all ayes. Motion carried Schedule Downtown Improvement Project Neighborhood Meeting for September 30, 2020 The project identified in the 5-year Capital Improvement Plan for next year’s improvement project was 2021 Downtown Improvement Project which includes the extension of 147th Street from Finale Avenue to Oneka Boulevard, reconstruction of 147th Street from just west of TH 61 to Finale Avenue, Flay Avenue north of 147th Street, Upper 146th Street, 146th Street, Finley Avenue, and Fitzgerald Avenue. City Administrator Bryan Bear recommended Council schedule a neighborhood meeting for September 30, 2002, at 7 p.m. Petryk made motion, Klein seconded, to schedule the neighborhood meeting on the Downtown Improvement Project for Wednesday, September 30, 2020 at 7 p.m. Roll call vote – all ayes. Motion carried Citywide Cleanup Day on Saturday, October 3, 2020 City Administrator Bryan provided a reminder that the City will hold their annual Fall Citywide Cleanup Day on Saturday, October 3, 2020. From 8 a.m. to noon at the Hugo Public Works Building. Set Date for Lions Park Community Workshop for October 8, 12, or 13, 2020 At the meeting of July 20, 2020, the City Council adopted the Master Plan and approved the Feasibility Study for Lions Park. The design of the park, including the playground and pavilion, is planned to be developed this fall. Staff recommended a community workshop be held to kick off the planning and gather input from residents on the design of the park. City Administrator Bryan Bear recommended a workshop be held remotely on October 8, 12, or 13. Miron made motion, Petryk seconded, to hold the Lions Park Community Workshop on Monday, October 12, 2020, at 7 p.m. Roll call vote – all ayes. Motion carried Hugo City Council Meeting Minutes for September 21, 2020 Page 6 of 6 Adjournment Haas made motion, Miron seconded, to adjourn at 7:42 p.m. Roll call vote – all ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL PUBLIC WORKS GROUNDBREAKING THURSDAY, SEPTEMBER 24, 2020 – 3:00 P.M. COUNCIL PRESENT: Klein, Miron, Weidt COUNCIL ABSENT: Haas, Petryk OTHERS PRESENT: Public Works Director Scott Anderson, City Administrator Bryan Bear, Community Development Director Rachel Juba, City Clerk Michele Lindau The Hugo City Council met at the site of the new Public Works Facility for a groundbreaking ceremony joined by contractors and architect for the site, Jeff Oertel, from Oertel Architects, Ltd.. The new facility will be located at 8200 140th Street North. Respectfully Submitted, Michele Lindau City Clerk September 25, 2020 Hugo City, Minnesota City Clerk 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Michele Lindau, I am pleased to inform you that based on and in reliance upon the information and materials provided by Hugo City, the Center for Tech and Civic Life (“CTCL”), a nonprofit organization tax- exempt under Internal Revenue Code (“IRC”) section 501(c)(3), has decided to award a grant to support the work of Hugo City (“Grantee”). The following is a description of the grant: AMOUNT OF GRANT: $5,000.00 USD PURPOSE: The grant funds must be used exclusively for the public purpose of planning and operationalizing safe and secure election administration in Hugo City in 2020 (“Purpose”). Before CTCL transmits these funds to Grantee, CTCL requires that Grantee review and sign this agreement (“Grant Agreement”) and agree to use the grant funds in compliance with the Grant Agreement and with United States tax laws and the laws and regulations of your state and jurisdiction (“Applicable Laws”). Specifically, by signing this letter Grantee certifies and agrees to the following: 1. Grantee is a local government unit or political subdivision within the meaning of IRC section 170(c)(1). CENTER FOR TECH & CIVIC LIFE 233 N. MICHIGAN AVE., SUITE 1800 CHICAGO, IL 60601 HELLO@TECHANDCIVICLIFE.ORG PAGE 2 2. This grant shall be used only for the Purpose described above, and for no other purposes. 3. Grantee has indicated that the amount of the grant shall be expended on the following specific election administration needs: Personal protective equipment (PPE) for staff, poll workers, or voters, Poll worker recruitment funds, hazard pay, and/or training expenses, and Polling place rental and cleaning expenses for early voting or Election Day. Grantee may allocate grant funds among those needs, or to other public purposes listed in the grant application, without further notice to or permission of CTCL. 4. Grantee shall not use any part of this grant to make a grant to another organization, except in the case where the organization is a local government unit or political subdivision within the meaning of IRC section 170(c)(1) or a nonprofit organization tax-exempt under IRC section 501(c)(3), and the subgrant is intended to accomplish the Purpose of this grant. Grantee shall take reasonable steps to ensure that any such subgrant is used in a manner consistent with the terms and conditions of this Grant Agreement, including requiring that subgrantee agrees in writing to comply with the terms and conditions of this Grant Agreement. 5. The grant project period of June 15, 2020 through December 31, 2020 represents the dates between which covered costs may be applied to the grant. The Grantee shall expend the amount of this grant for the Purpose by December 31, 2020. 6. Grantee is authorized to receive this grant from CTCL and certifies that (a) the receipt of these grant funds does not violate any Applicable Laws, and (b) Grantee has taken all required, reasonable and necessary steps to receive, accept and expend the grant in accordance with the Purpose and Applicable Law. 7. The Grantee shall produce a brief report explaining and documenting how grant funds have been expended in support of the activities described in paragraph 3. This report shall be sent to CTCL no later than January 31, 2021 in a format approved by CTCL and shall include with the report a signed certification by Grantee that it has complied with all terms and conditions of this Grant Agreement. 8. This grant may not supplant previously appropriated funds. The Grantee shall not reduce the budget of the City Clerk (“the Election Department”) or fail to appropriate or provide previously budgeted funds to the Election Department for the term of this CENTER FOR TECH & CIVIC LIFE 233 N. MICHIGAN AVE., SUITE 1800 CHICAGO, IL 60601 HELLO@TECHANDCIVICLIFE.ORG PAGE 3 grant. Any amount supplanted, reduced or not provided in contravention of this paragraph shall be repaid to CTCL up to the total amount of this grant. 9. CTCL may discontinue, modify, withhold part of, or ask for the return all or part of the grant funds if it determines, in its sole judgment, that (a) any of the above terms and conditions of this grant have not been met, or (b) CTCL is required to do so to comply with applicable laws or regulations. 10. The grant project period of June 15, 2020 through December 31, 2020 represents the dates between which covered costs for the Purpose may be applied to the grant. Your acceptance of and agreement to these terms and conditions and this Grant Agreement is indicated by your signature below on behalf of Grantee. Please have an authorized representative of Grantee sign below, and return a scanned copy of this letter to us by email at grants@techandciviclife.org. On behalf of CTCL, I extend my best wishes in your work. Sincerely, Tiana Epps Johnson Executive Director Center for Tech and Civic Life GRANTEE By: __________________________ Title: ________________________ Date:_________________________ RESOLUTION 2020- RESOLUTION APPOINTING ELECTION JUDGES FOR THE NOVEMBER 3, 2020 GENERAL ELECTION BE IT RESOLVED by the HUGO, State of Minnesota, as follows: 1. The individuals specified on EXHIBIT A attached hereto, each of whom is qualified to serve as an election judge, are hereby appointed as judges of election for the General Election on November 3, 2020 to act as such at the polling places listed on said exhibit. 2. Any individuals not specified on EXHIBIT A to be placed as a replacement or as additional election judges needed up to and including the day of the election shall be appointed at that time. 3. The election judges shall act as clerks of election, count the ballots cast and submit the results to the county and municipality for canvass in the manner provided for in State General elections. Whereupon said resolution was declared passed and adopted this 5th day of October, 2020. ________________________________ Tom Weidt, Mayor ATTEST: ______________________________________ Michele Lindau, City Clerk EXHIBIT A WARD 1 ‐ Hugo Fire Hall Head Judge Brownen Kleissler Assistant Head Judge Ross Hoernemann Amy Carney Brent Anderson Kelly Olsen Michael Fish Michi Eichinger Student Judge Blake Anderson Roger Clarke Cindy Jorgenson Karla Dross Kathleen Connor Linda Crosson Ramil Puerto Karen Tima WARD 2, PRECINCT 2A ‐ Oneka Elementary Head Judge Laura Farrell Assistant Head Judge Deborah Seelig Barbara Erickson Mary Torno Janet Zahler Alice Christiansen WARD 2, PRECINCT 2B ‐ Oneka Elementary Head Judge Diane Weber Assistant Head Judge Sharon Mooney Connie Potts Greg Closmore Jennifer Cruz Jodie Guareschi Joyce Rasing Wanda LeBlanc‐Fricke Jonathan Moses Ryan Allshouse Jodee Kuschel Therese Rudy Laurie Krenz Emma Polucha WARD 3, PRECINCT 3A ‐ City Hall Head Judge Judy Berger Assistant Head Judge Sally Miesen Eve Kreiner Joan Arndt Ali Hogan Niki Anderson Shawn Connor Student Judge Wyatt Fish Lauren Schleicher Yvonne Sparrow William Perry Corin Hammitt Carolyn Kluk Cynthia Schoonover WARD 3, PRECINCT 3B ‐ Public Works Head Judge Jean Carr Assistant Head Judge Cheryll White Barbara Schaaf Wendy Walz Mary Ann Creager Gail Anderson CITY OF HUGO WASHINGTON COUNTY, MINNESOTA MINING PERMIT (ATKINSON PIT) Pursuant to the provisions of Ordinance No. 90-247 of the City of Hugo, Washington County, Minnesota, entitled "Mining and Excavation" a Mining Permit is hereby issued to: DEAN ATKINSON 13452 GOODVIEW AVENUE NORTH HUGO, MINNESOTA 55038 for a period to expire on July 1, 2022, unless sooner terminated. Permit approval is subject to the provisions of said Ordinance and compliance with the following conditions: 1. All applicable provisions of the City of Hugo Ordinances governing mining shall be complied with. 2. The scope of the Mining Permit shall be limited to mining, washing, screening, temporary storage, and hauling away accumulated, granular material. Mr. Atkinson may maintain a total of thirty thousand (30,000) cubic yards of stockpiled material on site. Said stockpile shall include all material mined from the site and all other material (including recycled material) brought to the site. At no time shall the total amount of stockpiled material exceed thirty thousand (30,000) cubic yards. Applicant shall, on a bi-annual basis, provide to the City a calculation, from a qualified person, attesting to the amount of stockpiled material on site. Additionally, Mr. Atkinson shall, on a bi-annual basis, report to the City as to the amount of granular material left on-site to be mined. Applicant shall also, bi-annually, provide a topographic map to the City of the site, which map shall depict the then existing topography of the site. Lastly, the applicant shall provide, on an biannual basis, an estimate of the material removed from the property. 3. No topsoil or overburden shall be removed from the site (see #19). 4. Haul roads shall be 147th Street, from existing north entrance of the Atkinson's gravel pit, easterly to Irish Avenue; and Irish Avenue between 147th Street and County Road 8A. Any exception to these routes must be approved by the City Council. 5. Dust control on all City streets shall be by the use of water or calcium chloride, as directed by the City Engineer. Mining Permit - Atkinson Pit Page 2 of 5 2 6. The inspection fee to cover the inspection costs shall be based on actual costs incurred or as set by Council resolution. 7. No change shall be made to the reclamation plan approved by the City for this site without prior consent of the City Council. The permit holder shall maintain on deposit with the City cash or other acceptable security in the amount of $17,500.00, for the purpose of insuring compliance with the reclamation plan. Such deposit will be released by the City upon acceptance by the City Engineer of the reclamation work, or the money may be used by the City to perform the work if the permit holder has not restored the site within one (1) year of the termination of this permit. 8. Temporary changes to this permit, made necessary by acts of nature or other emergencies, may be made by the City Engineer. 9. Inspections to insure compliance with the Mining Permit will be done by the City Administrator, and he may request the assistance of such other persons or organizations, as he may deem necessary. 10. Any violation of the terms or conditions of this Mining Permit may be grounds for immediate termination in accordance with the City Ordinance. 11. Haul roads shall be inspected periodically by the City Engineer, and maintained by the contractor, in accordance with the Engineer's recommendations. The City Engineer will have the authority to temporarily close a haul road for use by the permit holder if the road is in such disrepair that it is, or may become, a hazard to the public. 12. A maximum speed of 45 mph shall be maintained by the contractor's gravel trucks when operating on the designated haul roads. The permit holder’s trucks shall maintain a maximum speed of 30 mph when school is in session. 13. Any additional limitations or specifications for the haul roads, which shall be deemed necessary for health and safety reasons by the City Engineer and City Attorney, may be established. 14. The hours for the mining operation shall be 7:00 a.m. until 6:00 p.m., Monday through Saturday. 15. There shall be no trucking or hauling in of materials before 7:00 a.m. or after 7:00 p.m., except as noted herein, without an amendment to this Mining Permit. Mining Permit - Atkinson Pit Page 3 of 5 3 16. The sight distance along the haul routes shall be improved at the expense of the permit holder according to the requirements of the City Engineer. 17. An updated contour map of the site is to be filed with the City Engineer, when requested. 18. All existing trees and natural vegetation bordering the pit area shall be left undisturbed. 19. All topsoil in the pit area shall be stockpiled, and used only for site restoration purposes. 20. Sewer facilities on the site shall be of the portable, chemical holding-tank type. 21. No blasting shall be permitted on site. 22. Nuisances on site are to be abated pursuant to Chapter 46 of the City Code (junk vehicles, illegal dumping, etc.). 23. Applicant shall refrain from mining below grade closer than fifty (50) feet to the boundary of any zone where such activities are not permitted, or closer than fifty (50) feet to the boundary. 24. Inspections are to be conducted on-site. 25. The Applicant shall carry liability and property damage insurance, with minimum limits at $1,000,000.00 to any one person and $1,000,000.00 for any occurrence, naming the City of Hugo as an additional insured. Mining Permit - Atkinson Pit Page 4 of 5 4 CONSENT Dean Atkinson has read the foregoing Mining Permit and the conditions, and hereby accepts said Mining Permit as conditioned, and agrees that said conditions are reasonable, and to abide by said conditions throughout the term of the said Mining Permit, unless and until modified by action of the City Council on the following described property: The SW 1/4 of the NW 1/4 of Section 23, Township 31 North, Range 21 West, Washington County, Minnesota. This Permit is being issued pursuant to Council authorization on October 5, 2020. Said approval is subject to full compliance with conditions of the Permit, and is subject to review by the City Council at any time with possible revocation for failure to comply with the conditions set forth herein. _____________________________________ ________________________________ Dean Atkinson, Owner Tom Weidt, Mayor City of Hugo ATTEST: ______________________________ Michele Lindau, City Clerk Mining Permit - Atkinson Pit Page 5 of 5 5 CONSENT AND DISCLOSURE Mike Atkinson acknowledges that he read and understands the foregoing Mining Permit ("Atkinson Pit") ("Mining Permit"). Mike Atkinson states that he is executing the Consent included in the Mining Permit as a necessity for him to continue his business. By executing the Consent included in the Permit, Mike Atkinson is not waiving his legal right to bring legal action to challenge the validity of Ordinance No. 95-301 (An Ordinance clarifying the City Ordinances regarding the Operation of Rock Crushers within the Agricultural District of the City) as the Ordinance limits crushing and processing of recycled asphalt and concrete on the subject property, or to challenge the permit, or any past permits. _______________________________ Mike Atkinson Agenda Number: G.5 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Grundhofer’s Old Fashion Meats, 15449 Forest Boulevard North – Site Plan, CUP Amendment, and Variance. DATE: September 30, 2020 for the City Council Meeting of October 5, 2020. ZONING: General Business District (C-2) 60-DAY REVIEW DEADLINE: October 16, 2020 1. PLANNING COMMISSION UPDATE: The Planning Commission held a public hearing and considered the request at its Thursday, September 24, 2020 meeting. No one spoke at the public hearing. Staff recommended approval of the applications, subject to the conditions listed in the resolutions. The Planning Commission discussed the proposal and recommended approval of the site plan, CUP amendment, and variance for Grundhofer’s Old Fashion Meats to the City Council. 2. DESCRIPTION OF REQUEST: Grundhofer’s Old Fashion Meats is requesting site plan approval for an approximately 2,450 square foot addition to the existing 2,880 square foot building on site. The addition will be used to receive product and expand their coolers. The existing meat market retail area will remain the same. The addition will also connect to the adjacent garage behind the market. The existing buildings on site are legal nonconforming in regard to the side yard setback requirement and the applicant is requesting a variance from the side yard setback requirements for the addition. The applicant is proposing a 12 foot side yard setback, where 30 feet is required by ordinance. The applicant is also requesting approval of a CUP amendment. The existing conditional use permit was approved in 2006 and allows the meat processing facility as an accessory use to the meat market in accordance to the site plan dated September 28, 2006. The applicant is requesting the conditional use permit be amended to reflect the new site plan. Grundhofer’s Site Plan, CUP Amendment, & Variance Page 2 3. CONTEXT: A. Surrounding Land Use and Zoning The property is zoned General Business District (C-2) and is guided as Commercial (COM) in the 2040 Land Use Plan. The properties to the north and south are also zoned C-2. The properties to the west, across Highway 61, and to the east are zoned Single-Family Detached Residential (R-3). The Oneka Ponds development is directly east of the property. B. Existing Site Characteristics The property is 1.41 acres and is relatively flat. There is existing landscaping on site that acts as a buffer from the commercial use and adjacent residential neighborhood to the east. 4. BACKGROUND: In 2006, the City Council approved a conditional use permit to allow the meat processing facility as an accessory use to the meat market. Meat markets are a permitted use in the C-2 zoning district, but requires a conditional use permit for meat processing. The City Code defines meat processing facilities as a facility that processes non-inspected USDA meats not including slaughtering of animals. The meat processing facility can only be allowed as an accessory use to the meat market and may not exceed in floor area of the meat market. 5. ANALYSIS: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a site plan is limited to whether or not the proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets these standards, the City must then approve the site plan. The City’s discretion in approving or denying a conditional use permit 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. 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. B. Conditional Use Permit Amendment Meat Processing Facility The applicant is proposing to revise the site plan that was approved with the existing conditional use permit to include the proposed addition. The addition will be used to receive product and Grundhofer’s Site Plan, CUP Amendment, & Variance Page 3 expand the cooler and freezer areas, the existing meat market will remain the same. The existing conditional use permit allows the meat processing facility to be an accessory use to the meat market. The meat processing facility portion of the site is to remain the same. It is in staff’s opinion that the applicant meets all of the requirements necessary to approve the CUP amendment for the meat processing facility on the property. C. Variance The existing buildings on site are legal nonconforming and the applicant is requesting a variance from the side yard setback requirements in order to add on to the existing buildings. The applicant is proposing a 12 foot side yard setback, where 30 feet is required by ordinance. Staff used the standards outlined in Section 90-38 of the City Code and found 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 adding an addition to the existing building, the applicant is proposing to use the property in a reasonable manner. The existing buildings on site do not meet the side yard setback requirements, making a variance request necessary to construct an addition. It is in staff’s opinion that it is reasonable to request an addition to the existing building. 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 buildings on site are legal nonconforming to side yard setback requirements. The proposed addition is restricted in location due to the location of existing buildings and the parking lot. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Other neighboring properties are also legal nonconforming to the zoning district regulations 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 side yard setback requirements and the property owner is proposing to use the property in a reasonable manner by Grundhofer’s Site Plan, CUP Amendment, & Variance Page 4 adding an addition to the existing building. The location of the existing buildings make it infeasible for the addition to meet side yard setback requirements while maintaining operation efficiency on site. (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 have buildings a reasonable distance from the property lines and roads. The existing buildings and other buildings in the area do not meet the side yard setback requirements, however, the proposed addition is located behind the existing building and away from Highway 61. The variance request would still result in the proposed addition being a reasonable distance from the property line as it would be in line with the existing building and therefore, 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. Additions are permitted in the C-2 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 City sewer and water. It is in staff’s opinion that the application meets the criteria outlined in the City Code to approve a variance. D. Site Plan The application complies with the ordinance standards as follows: Building Setbacks The C-2 zoning district requires a minimum side yard building setback of 30 feet. The applicant is proposing a side yard setback of 12 feet. All other setback requirements are met. Grundhofer’s Site Plan, CUP Amendment, & Variance Page 5 Building Height The C-2 zoning district has a maximum building height of 35 feet. The site plan meets this requirement. Building Coverage and Lot Coverage The ordinance limits lot area to be covered by buildings to 35% and lot area to be covered by impervious surface to 80%. The proposed lot for the site plan complies with this requirement. Landscaping Section 90-181 of the Zoning Ordinance provides landscaping requirements for commercial 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 perimeter of the site. In order to meet the landscape requirements, 11 deciduous trees, 6 coniferous trees, 6 ornamental trees, and 36 shrubs are required to be installed. The applicant is using existing and new landscaping to meet the landscaping requirements. The site plan meets the City’s landscaping requirements. 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 a cut-sheet for both the wall lights and meets the lighting requirements. Fencing and Screening The applicant is proposing a fence along the north side of the building to screen the trash and recycling dumpsters. The applicant is also proposing a fence around the existing ground mechanical equipment on the south side of the building. Staff is comfortable with the applicant removing the fence on the south side and using the proposed shrubs and landscaping to screen the equipment. Streets and Access The site is located along the east side of Highway 61 and has existing access. The applicant is proposing to expand the parking lot. Grundhofer’s Site Plan, CUP Amendment, & Variance Page 6 Parking Section 90-253, Parking and Loading of the City Code determines the number of parking spaces required per site. Parking is determined by gross floor area. There are 15 stalls required for the site and the applicant is proposing 33 stalls, meeting the parking requirements. Building Architecture In August 2011, the City Council adopted the Commercial and Industrial Design Guidelines. These guidelines require four sided architecture and high quality building materials. The existing building is primarily CMU block with brick along the front wall where the main entrance is located. The garage behind the main building uses metal siding. The applicant is proposing to construct the addition with CMU block along the base and EFIS panels along the top. The CMU block will match the proposed fencing and is intended to merge with the existing architecture. The applicant is proposing a flat roof and has an internal drainage system. Staff approval of a material sample board is required prior to issuance of a building material to ensure materials will be cohesive with the existing buildings. Signage The applicant is not proposing to change the signage on site, however, they are adding landscaping around the base of the existing monument sign. Drainage/Grading The proposed additional impervious surface being added to the site is under 10,000 square feet, which is the threshold for meeting stormwater management requirements. However, due to the proximity to the ditch to the east, the applicant is required to meet stormwater management requirements based on disturbed area. The applicant is proposing a rate control basin on the northeast corner of the property, requiring grading within a drainage and utility easement on the adjacent parcel to the east. The applicant can grade within the easement, but is required to get permission from the adjacent property owner prior to any work being done. The applicant is required to enter into a stormwater maintenance agreement with the City and dedicate proper drainage and utility easements over the stormwater basin on site. The applicant is required to address any comments provided by the City Engineer in the redlined comments dated September 21, 2020. Utilities The applicant is using the existing utilities. No modifications are necessary. Wetlands The applicant is not proposing any wetland impacts. Grundhofer’s Site Plan, CUP Amendment, & Variance Page 7 Park Dedication Park Dedication is not required for commercial and industrial developments. 6. CONCLUSION: Staff finds that the proposal meets all the requirements necessary for the City to approve the site plan, variance, and CUP amendment as outlined in the City Code and zoning district regulations, subject to the conditions listed in the attached resolutions. 7. PLANNING COMMISSION RECOMMENDATION: The Hugo Planning Commission recommends approval of the site plan, CUP amendment, and variance for Grundhofer’s Old Fashioned Meats located at 15449 Forest Boulevard North. ATTACHMENTS: 1. Location Map 2. Site Plan Resolution 3. Variance Resolution 4. CUP Resolution 5. CUP 6. Engineer’s Memo dated September 17, 2020 7. Applicants Narrative 8. Landscape Plan dated September 9, 2020 9. Civil Plan Set dated August 28, 2020 10. Exterior Elevations Forest Boulevard NorthGrundhofer's Old Fashioned Meats15449 Forest BoulevardLocation Map Hugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\Grundhofers.mxdSite RESOLUTION 2020-XX APPROVING A SITE PLAN FOR GRUNDHOFER’S OLD FASHIONED MEATS LOCATED AT 15449 FOREST BOULEVARD NORTH WHEREAS, Grundhofer’s Old Fashioned Meats, requested approval of a site plan for an approximately 2,450 square foot addition to the existing building, on property legally described as follows: See Attached WHEREAS, the Planning Commission has reviewed said site plan on September 24, 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 the Grundhofer’s Old Fashioned Meats, 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 dated September 17, 2020, shall be addressed. 2. Prior to the installation of any signs, the applicant shall obtain a sign permit. Prior to the issuance of a building permit: 3. The applicant shall submit the final building material samples and colors for the building to be reviewed and approved by staff. 4. A stormwater permit shall be reviewed and approved by the City Engineer Prior to issuance of a Certificate of Occupancy: 5. All roof top and ground mechanical equipment must be screened from view of adjacent properties. 6. All required landscaping shall be fully installed. 7. Drainage and utility easements shall be dedicated to the City over the stormwater management facilities and applicable utilities. 8. A maintenance agreement for the stormwater management facilities shall be recorded against the property. Resolution 2020-XX Page 2 ADOPTED by the City Council this 5th day of October, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 15499 Forest Boulevard North: RESOLUTION 2020-XX APPROVING A VARIANCE FROM THE SETBACK REQUIREMENTS FOR AN ADDITION TO AN EXISTING BUILDING FOR GRUNDHOFER’S OLD FASHIONED MEATS LOCATED AT 15449 FOREST BOULEVAD NORTH. WHEREAS, Grundhofer’s Old Fashioned Meats has requested approval of a variance request to allow an addition to an existing building to be setback 12 feet from the side yard, where 30 feet is required by ordinance for the property legally described as follows: See attached. WHEREAS, the Hugo Planning Commission has reviewed said variance at a duly called public hearing on September 24, 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 building addition 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. Additions to buildings are allowed in the General Business zoning district. 6. The subject property is not within a FEMA designated floodplain. 7. The property is adequately served by City sewer and water. 8. The applicant must apply and receive a building permit prior to construction of the addition. 9. The addition shall meet all building code requirements. 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 Grundhofer’s Old Fashioned Meats to allow an addition to the existing building to be setback 12 feet from the side yard, where 30 feet is required by ordinance. ADOPTED by the City Council this 5th day of October, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 15499 Forest Boulevard North: RESOLUTION 2020-XX APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR GRUNDHOFER’S OLD FASHIONED MEATS TO CONTINUE TO ALLOW THE MEAT PROCESSING FACILITY ON THE PROPERTY LOCATED AT 15449 FOREST BOULEVARD NORTH WHEREAS, Grundhofer’s Old Fashioned Meats requested approval of a conditional use permit amendment to continue the meat processing facility on the property located at 15449 Forest Boulevard North and is legally described as follows: (See Attached) WHEREAS, a conditional use permit was approved on November 6, 2006 to allow a meat processing facility as an accessory use to a meat market; WHEREAS, it is the desire of the applicant to amend the conditional use permit approved on November 6, 2006, to revise the site plan and to supersede all other prior conditional use permit approvals. WHEREAS, the Planning Commission has reviewed said conditional use permit amendment at a duly called public hearing on September 24, 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 Grundhofer’s Old Fashioned Meats on the property located at 15449 Forest Boulevard North with the following findings: 1. The proposed use is allowed by conditional use permit and shall be accessory to the meat market. 2. The proposed use is allowed in the C-2 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 will be adequately screened from adjacent residential uses and public right-of-ways. 4. The proposed use has adequate access off of Forest Boulevard North. 5. The property is adequately served by utilities. 6. The applicant is not proposing to impact any floodplain or wetlands. 7. The applicant would be responsible for obtaining all state and local permits. Resolution 2020-XX Page 2 8. The applicant shall comply with all of the items outlined in the conditional use permit. 9. 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. 10. The conditional use permit shall comply with the site plan dated September 9, 2020. ADOPTED by the City Council this 5th day of October, 2020. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Resolution 2020-XX Page 3 Exhibit A Legal Description for 15499 Forest Boulevard North: CITY OF HUGO CONDITIONAL USE PERMIT DATE OF APPROVAL: October 5, 2020 OWNER: Spencer Grundhofer, Grundhofer’s Old Fashioned Meats ADDRESS FOR WHICH CUP IS GRANTED: 15449 Forest Boulevard North LEGAL DESCRIPTION: See Exhibit A ZONING DISTRICT: General Business District (C-2) THIS CONDITIONAL USE PERMIT ALLOWS FOR THE FOLLOWING: The meat processing facility to be an accessory use to the meat market on site. THIS CONDITIONAL USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE WITH THE FOLLOWING SPECIAL CONDITIONS: 1. The proposed use is allowed by conditional use permit and shall be accessory to the meat market. The floor area of the meat processing facility shall not exceed in area of the meat market. 2. The proposed use is allowed in the C-2 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. Animal remains from the meat processing facility must be disposed of properly at least on a weekly basis. The City may require more frequent pickups of the remains if odors become detectable off of the premises. 4. All animal remains must be kept in a sealed dumpster container with a lid at all times. 5. Any staging area and all trash and recycling dumpsters must be screened with an opaque fence and shall not be visible from surrounding properties or the public right-of-way. 6. Hours of operation shall be limited to between 8am and 9pm. 7. All lights for the site shall be turned off during non-business hours. 8. The applicant is responsible for obtaining all state and local permits. 9. 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. 10. The conditional use permit shall comply with the site plan dated September 9, 2020. Page 2 of 3 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 3 Dated: _____________, 2020. ___________________________________ Spencer Grundhofer, 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 Spencer Grundhofer, 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. S:\Community Development\Planning Commission\Packets\2020\09.24.20\016691-000 LTR RJuba- Grundhofers 091720.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM September 17, 2020 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Grundhofer’s Old Fashion Meats Expansion WSB Project No. 016691-000 Dear Ms. Juba: We have reviewed the site plan submittal for the Grundhofer’s site located east of Highway 61 approximately 1,100 feet north of 152nd Street. In particular, we have reviewed the following plans related to this particular request: • Civil Plan Sets revised 8/28/20 by Rehder & Associates, Inc. • Stormwater Management report dated 8/28/20 by Rehder & Associates, Inc. Based on the review of the above documents, we offer the following comments related to this application: Grading, Street, and Utility Plans 1. The site is proposed to utilize the existing access while expanding the parking and building. 2. The existing parking area does not contain curb and gutter and the expansion of the lot coupled with the sights existing grades makes it not practical to add curb and gutter for this site. 3. No changes are proposed for the sanitary and water services to the parcel as part of this project. 4. Detailed redline comments have been provided on the plans and sent to the applicants engineer so they can be addressed in future submittals. Stormwater Management 5. The additional impervious added to this site is under 10,000 sf which is the threshold for meeting stormwater management requirements, however due to the proximity to the ditch to the east they trigger an erosion control rule requiring stormwater water management requirements based on disturbed area. 6. Freeboard from the HWL is met. 7. Additional stormwater plan and model comments have been provided to applicant and will need to be addressed in future submittals for documentation and permitting purposes. Staff is comfortable the site will be meeting stormwater management requirements with the final plan submittal. 8. A stormwater maintenance agreement and drainage and utility easements will be required for the stormwater basin on the site. Ms. Rachel Juba September 17, 2020 Page 2 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) FOREST BOULEVARD PROPOSED BLDGFFE = 933.53 RESOLUTION 2020-______ RESOLUTION ELECTING TO PARTICIPATE IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT CALENDAR YEARS 2021 THROUGH 2030 WHEREAS, the Metropolitan Livable Communities Act (Minnesota Statutes sections 473.25 to 473.255) establishes a Metropolitan Livable Communities Fund which is intended to address housing and other development issues facing the metropolitan area defined by Minnesota Statutes section 473.121; and WHEREAS, the Metropolitan Livable Communities Fund, comprising the Tax Base Revitalization Account, the Livable Communities Demonstration Account, the Local Housing Incentive Account and the Inclusionary Housing Account, is intended to provide certain funding and other assistance to metropolitan-area municipalities; and WHEREAS, a metropolitan-area municipality is not eligible to receive grants or loans under the Metropolitan Livable Communities Fund or eligible to receive certain polluted sites cleanup funding from the Minnesota Department of Employment and Economic Development unless the municipality is participating in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254; and WHEREAS, the Metropolitan Livable Communities Act requires that each municipality establish affordable and life-cycle housing goals for that municipality that are consistent with and promote the policies of the Metropolitan Council as provided in the adopted Metropolitan Development Guide; and WHEREAS, a metropolitan-area municipality can participate in the Local Housing Incentives Account Program under Minnesota Statutes section 473.254 if: (a) the municipality elects to participate in the Local Housing Incentives Program; (b) the Metropolitan Council and the municipality successfully negotiate new affordable and life-cycle housing goals for the municipality; (c) the Metropolitan Council adopts by resolution the new negotiated affordable and life-cycle housing goals for the municipality; and (d) the municipality establishes it has spent or will spend or distribute to the Local Housing Incentives Account the required Affordable and Life-Cycle Housing Opportunities Amount (ALHOA) for each year the municipality participates in the Local Housing Incentives Account Program. NOW, THEREFORE, BE IT RESOLVED THAT the City of Hugo; 1. Elects to participate in the Local Housing Incentives Program under the Metropolitan Livable Communities Act for calendar years 2021 through 2030. 2. Agrees to the following affordable and life-cycle housing goals for calendar years 2021 through 2030: Affordable Housing Goals Range Life-Cycle Housing Goal 459-834 2500 3. Will prepare and submit to the Metropolitan Council a plan identifying the actions it plans to take to meet its established housing goals. ADOPTED by the City Council this 5th day of October, 2020 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk September 30, 2020 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 2020 Goodview Avenue Improvement Project Adopting Assessments WSB Project No. 014873-000 Dear Mayor and Council, On June 2, 2020, City Council awarded the contract for the 2020 Goodview Avenue Improvement Project to T.A. Schifsky and Sons Inc. Proposed improvements to Goodview Avenue North from the southern city border to Egg Lake Road / 137th Street/County Road 8 included the following: bituminous pavement reclamation: 26-foot width, minor subgrade corrections, minor drainage improvements, and grading and culvert replacement only as necessary to address isolated drainage issues The improvements did not include the utility extension to 13194 Goodview Avenue as originally identified in the feasibility study as directed by Council. The extension of utilities was originally proposed to accommodate the potential subdivision of the ten-acre parcel. At the September 8, 2020 regular Council meeting, the Council adopted a resolution declaring costs to be assessed for the 2020 Goodview Avenue Improvement Project and scheduled the assessment hearing on the proposed assessments for October 5, 2020. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. As part of the assessment hearing, staff will give a PowerPoint presentation identifying the improvements, costs and detail payment options. Staff recommends the Mayor open the public hearing to take all comments and approve the resolution adopting assessments for the Goodview Avenue Improvement Project. Staff has prepared a resolution adopting the assessments for the 2020 Goodview Avenue Improvement Project for your consideration in accordance with the requirement of state statutes Chapter 429 for assessments to benefitting properties. A copy of the assessment roll is attached for your reference. If you have any questions or items you wish to discuss, you can contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer Attachment Honorable Mayor and City Council September 30, 2020 Page 2 cc: Bryan Bear, City Administrator, City of Hugo Scott Anderson, Public Works Director, City of Hugo Liz Finnegan, Senior Engineering Technician, City of Hugo RESOLUTION NO. 2020 - RESOLUTION ADOPTING ASSESSMENTS FOR THE GOODVIEW AVENUE STREET IMPROVEMENT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment against abutting property generally located along: Goodview Avenue from the southern city border to Egg Lake Road (137th Street/County Road 8A). The improvements include reclaiming of the existing pavement, replacement of existing curb, storm sewer and drainage improvements, repaving of the roadway, signing, and roadway striping. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA: 1. Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2021, and shall bear interest at the rate of 4.00% per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2021. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and he may, at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. Resolution 2020 - Page 2 of 2 4. The city clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 5th day of October, 2020. ________________________________ Tom Weidt, Mayor ATTEST: _____________________________________ Michele Lindau, City Clerk 2020 Goodview Avenue Street Improvements ProjectDate: 10/05/20Single Family Rural Roadway Reclamation:$3,400 perunitPIN PROPERTY ADDRESS OWNER OWNER ADDRESS UNITS ROADWAY ASSESSMENT 2903121140007 13580 GOODVIEW AVE N HUGO MN 55038 KNEBEL MARY NORBERTA‐PAMELA B 13580 GOODVIEW AVE N HUGO MN 55038 0.5 1,700.00$ 2903121140008 HUGO MN CITY OF HUGO 14669 FITZGERALD AVE N HUGO MN 55038‐9367 1.0 3,400.00$ 2903121140006 13514 GOODVIEW AVE N HUGO MN 55038 MANKE JAMES C & ANNE M 13514 GOODVIEW AVE N HUGO MN 55038 1.0 3,400.00$ 2903121410003 13452 GOODVIEW AVE N HUGO MN 55038 DEAN ARDEN ATKINSON TRUST 01/31/2011 & RUBY JEAN A 13452 GOODVIEW AVE N HUGO MN 55038‐9452 2.0 6,800.00$ 2903121410002 13300 GOODVIEW AVE N HUGO MN 55110 KRUEGER GLENN J 13300 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2903121410001 13292 GOODVIEW AVE N HUGO MN 55110 HAGLE DENNIS S & BECKY S HAGLE 13292 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2903121440002 13194 GOODVIEW AVE N HUGO MN 55110 GLS‐WBR DEV LLC & OCTAVE Z‐5 LLC9046 MOORS PLACE N DUBLIN OH 43017 1.0 3,400.00$ 2903121440001 13094 GOODVIEW AVE N HUGO MN 55110 PELTIER KEVIN T 13094 GOODVIEW AVE N WHITE BEAR LAKE MN 55110‐6011 0.5 1,700.00$ 3203121110002 12776 GOODVIEW AVE N HUGO MN 55110 HENNING DAVID & JONI CASSERLY HENNING 12776 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121130005 12730 GOODVIEW AVE N HUGO MN 55038 PELTIER KEVIN T 13094 GOODVIEW AVE N WHITE BEAR LAKE MN 55110‐6011 1.0 3,400.00$ 3203121140003 HUGO MN TJ LAND TRS CO V LLC 3050 ECHO LAKE AVE MAHTOMEDI MN 55115 1.0 3,400.00$ 3203121140002 12564 GOODVIEW AVE N HUGO MN 55110 FASHINGBAUER EDWARD J & ANN 12564 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121410001 12494 GOODVIEW AVE N HUGO MN 55110 STEVENS PAMELA J 12494 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121410003 12424 GOODVIEW AVE N HUGO MN 55110 FORD DANIEL W & JOANN 12424 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121410004 12360 GOODVIEW AVE N HUGO MN 55110 PLANTENBERG FAMILY TRS 12360 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121410005 12310 GOODVIEW AVE N HUGO MN 55110 SAIKO NANCY 12310 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440007 12280 GOODVIEW AVE N HUGO MN 55110 METTS DAMON & MELINDA 12280 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440005 HUGO MN GILSRUD JAMES K & KIMBERLEY M 12240 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440006 12240 GOODVIEW AVE N HUGO MN 55110 GILSRUD JAMES K & KIMBERLEY M 12240 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440003 12200 GOODVIEW AVE N HUGO MN 55110 MAKI LAURA & AARON R 12200 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440002 12020 GOODVIEW AVE N HUGO MN 55110 GAHM MANDEE J & JASON L 12020 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3203121440004 12125 GOODVIEW AVE N HUGO MN 55110 WEGLEITNER EUGENE & LISA12125 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3303121320001 12317 GOODVIEW AVE N HUGO MN 55110 AXELSON GRACE T 14602 FINALE AVE N #327 HUGO MN 55038 5.5 18,700.00$ 3303121230005 HUGO MN ENGSTROM JAMES O & BARBARA 670 COUNTY ROAD B2 E ST PAUL MN 55117 0.5 1,700.00$ 3303121230004 12725 GOODVIEW AVE N HUGO MN 55110 ZERWAS JAMES S 12725 GOODVIEW AVE WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3303121220006 12827 GOODVIEW AVE N HUGO MN 55110 LERFALD ARNE L & CYNTHIA A 19440 HARROW AVE FOREST LAKE MN 55025 1.0 3,400.00$ 3303121220004 12821 GOODVIEW AVE N HUGO MN 55110 FONTAINE DAVID M ETAL 12821 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3303121220007 12815 GOODVIEW AVE N HUGO MN 55038 GRANGER MICHAEL & ANDREA 12815 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3303121220002 12833 GOODVIEW AVE N HUGO MN 55110 STONEHOUSE GREGORY J & JULIA L12833 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 3303121220001 12855 GOODVIEW AVE N HUGO MN 55110 LARSON ROBERT A & LINDA A 12855 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 0.5 1,700.00$ 3303121220003 12861 GOODVIEW AVE N HUGO MN 55110 FRY DAVID & MONICA 12861 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 0.5 1,700.00$ 2803121330013 13125 GOODVIEW AVE N HUGO MN 55110 SCHREIFELS DENNIS J & LINDA13125 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2803121330014 13175 GOODVIEW AVE N HUGO MN 55110 RUPPERT JODY J 13175 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2803121330001 6315 132ND ST N HUGO MN 55110 LEE PHENG & MAI D VANG 6315 132ND ST N WHITE BEAR LAKE MN 55110 0.5 1,700.00$ 2803121320003 6310 132ND ST N HUGO MN 55110 BAHM RAYMOND A & BONITA K 6310 132ND ST N WHITE BEAR LAKE MN 55110 0.5 1,700.00$ 2803121320004 13327 GOODVIEW AVE N HUGO MN 55110 KEATE LYNN T 13327 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2803121320005 13427 GOODVIEW AVE N HUGO MN 55110 PAULSON CRAIG M & KAREN S 13427 GOODVIEW AVE N WHITE BEAR LAKE MN 55110 1.0 3,400.00$ 2803121320002 13475 GOODVIEW AVE N HUGO MN 55038 CONNOLLY JAMES J & BARBARA 13475 GOODVIEW AVE N HUGO MN 55038 1.0 3,400.00$ 2803121230001 13543 GOODVIEW AVE N HUGO MN 55038 JERRY NICHOLAS & JAMIE 13543 GODOVIEW AVE N HUGO MN 55038 0.5 1,700.00$ 137,700.00$ Final Assessment RollTOTAL:Residential Agenda Item: CITY OF HUGO Memorandum TO: Bryan Bear, City Administrator FROM: Shayla Denaway, Parks Planner SUBJECT: Lions Park Design Development Consultant Contracts DATE: October 1, 2020 for the City Council Meeting of October 5, 2020 1. INTRODUCTION: Three proposals from consultants are being recommended for approval for the design development of Lions Park. 2. BACKGROUND: The City Council adopted a Master Plan and Feasibility Study for Lions Park at their July 20, 2020 meeting. The Parks C ommission discussed next steps at their August 19, 2020 meeting. Proposals were received from consultants for design development of Lions Park to take place this fall. The consultants are proposing to engage the public, this fall, in designing the playground, pavilion, and remaining park site through to 50% plans with probable costs. The anticipated timeline includes presentation of the final designs in January/February 2021. The proposals do not include preparation of construction documents, but that could be authorized by the Council following approval of the developed designs for Lions Park. Playground and Pavilion Site Design: At the Parks Commission meeting of August 19, 2020 a proposal dated August 14, 2020 from WSB was reviewed and recommended for approval. WSB ’s proposal included engagement with two separate stakeholder groups to desi gn the playground and pavilion sites. The proposal includes three meetings with each of the stakeholder groups, staff meetings, conceptual designs, 50% plans, multiple revisions, and a topographical survey at a cost of $57,000. Park Site Design: At the Parks Commission meeting of September 16 , 2020 they reviewed a draft contract from WSB for the remaining park site and recommended approval. WSB ’s proposal i ncludes several meetings and plan revisions to develop the design of the parking lots, trails/sidewalks, skate park Page 2 Lions Park DD Consultants October 5, 2020 relocation, community sports pad. It also includes an asbestos and regulated material assessment for a total cost of $83,300. Pavilion Architecture: At the City Council meeting of Sept ember 8, 2020, a request for proposals was approved for architectural services for the pavilion in Lions Park. Proposals were received from Oertel Architects; Hans, Christensen $ McIlwain (HCM) Architects; and Alliiance. The three Architects were interviewed on Sept ember 25 ,2020. The interview panel is recommending HCM Architects. Their proposal included collabor ation with WSB and leading the pavilion stakeholder group to design the shelter at a cost of $20,900. They desing the shelter to 50% and prepare layout plans, elevations, mechanical and electrical system narrative, material selection, 3-D models, project cost estimates, and more. 3. CONCLUSION: Approval of the following consultant proposals is recommended to develop the design of Lions Park: • WSB for the Design Development of the Playground and Pavilion (contract): $57,000 • WSB for the Design Development of the Park Site (contract): $83,300 • HCM Architects for Architectural Planning & Design Services (proposal dated 9/1/20): $20,900. ATTACHMENTS 1) Lions Park Feasibility Study dated July 10, 2020 2) WSB Contract (Pavilion and Playground) 3) WSB Contract (Park Site) 4) HCM Proposal dated September 21, 2020 K:\016030-000\Graphics\Master Plan\016030 Master PlanScale in Feet80’0’40’20’10’Hugo, Minnesota July 10, 2020 | WSB Project number: 016030-000Lions Park | 2020 Master PlanPAVILION23 PARKING STALLS147TH ST NFITZGERALD AVE. UPPER 146TH ST. FINALE AVE. N. FINALE A V E . N .INCLUSIVE PLAYGROUND PODSFUTURE MEMORIALPLAZA AND SEATINGSTORAGEBUILDINGRELOCATED SKATE PARKFIRE PIT LOCATION OPTIONSMAIN PAVILIONFUTURE COMMUNITY SPORTS PADOPEN FIELDOPEN FIELDOPEN LAWNOPTIONAL TRAIL CONNECTION TO CO RD 61 / HCRTOUTDOOR PLAZA OPEN LAWNPHOTO EXAMPLESPERFORMANCE STAGESPORTS COURTPLAY FEATURESLAWN EVENTS / STAGECOMMUNITY FIRE PITMEMORIAL27 PARKING STALLS58 PARKING STALLS9 PARKING STALLS7 PARKING STALLS67 PARKING STALLS9 PARKING STALLS6 ADA PARKING STALLS K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COM Memorandum To: City of Hugo From: Candace Amberg, WSB Date: July 10, 2020 Re: Lions Park Master Plan WSB Project No. 016030-000 Lions Park Master Plan The 2020 Lions Park Master Plan reflects updates to the previous master plan according to current needs and desires for a potential phase one implementation project. The master plan was presented at the joint City of Hugo City Council and Parks Commission on June 29th for review and comment for modifications to finalize the Lions Park Feasibility Study with corresponding cost estimate. The 2020 Master Plan is summarized as follows: Vehicular Circulation: • The City Hall parking lot contains 6 ADA stalls along the front of the building with the remainder of the parking lot to contain approximately 58 parking stalls. The parking lot is configured so that Fitzgerald Ave acts as an entrance drive to the parking lot but the use of the center island does not allow straight through traffic into the parking lot in order to slow traffic. • Fitzgerald Ave north of the City Hall parking lot is shown widened to a 32’ wide urban road with parallel parking along Lions Park containing approximately 9 stalls. The parallel parking stalls are optimal locations for setting up food trucks or other vendors to b e used in conjunction with park lawn activities. These can also serve as a primary entrance into the park space for vehicles for select activities/events. • Upper 146th is shown with a total of approximately 48 to 50 pull-in parking stalls along Lions Park. • Finale Ave is shown as a 28’ wide urban road with approximately 16 parallel parking stalls along Lions Park. • 147th St is shown as a 26’ wide urban road with no parking on the roadway. • The City of Hugo intends to conduct additional street feasibility design studies to determine final road improvements, design and impacts along with overall stormwater strategy and design. • A parking lot (possibly a future phase) is shown in the northwest corner of the park with approximately 60-67 parking stalls. An area is identified for a rain garden, though a future stormwater design will be conducted with the road feasibility study. Page 2 K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx Pedestrian Circulation: • A 10’ wide trail is shown on the north side of 147th St with two trail options for pedestrian circulation to connect to the Hardwood Creek Regional Trail. o One option extends the trail on the north side of 147th St all the way to County Road 61 to align with the 147th St trail east of County Road 61. o An alternate option would divert pedestrians to cross over 147th St at the intersection of 147th and Finale at a crosswalk and then extend east through Lions Park along 147th, route south along Fitzgerald and connect to the HCRT by City Hall. While this trail option skirts the park perimeter, it has the potential for some conflict points with park and city hall users. • Pedestrian walks/trails extend along the entire perimeter of Lions park to provide access from parking areas to destination points within the park and creates a large loop. • An internal park trail loop extends around the open lawn area and provides access to the various destination points within the park. • Trails are shown to be 10’ wide and bituminous. Some routes may be concrete in which case they may be constructed at an 8’ width. • Entry plaza spaces are created along all four corners of the park to provide a visual cue and inviting appeal to the park. Lawn Space / Open Fields: • A long central open lawn space can accommodate large events, such as Good Neighbor Days, or it can accommodate several smaller events at once. • Open skating (if desired) can be located in close relation to one of the fire pit locations. • There are two locations shown for the inclusion of a backstop for informal ballfield use. At this time, the ballfield does not include an agg-lime infield. This can be further developed to include a T-ball infield or it can remain as simple as a backstop with turf lawn space. o The open field on the west end of the park is in close relation to the playground for optimal viewing for parents who may have kids utilizing the field and playground at the same time, but additional safety measures may be needed to protect the playground from foul balls. o The open field on the east end has more dedicated lawn space and is situated to cause fewer conflicts with other park uses, but lacks good visibility to the playground. • A smaller open lawn space is located on the east side of the main park pavilion and is meant to be open seating for the performance stage area. It can also be used for memorial gatherings in alignment with the future memorial, open picnic space related to the main pavilion, an open skating area (if desired), and can be secured with temporary fence for some park events. Recreational Amenities: • Skate Park: The skate park is shown being relocated along Fitzgerald Ave by the City Hall parking lot. • Memorial: A future memorial is shown in alignment with the main walkway to City Hall and can utilize the open lawn area for memorial events. • Main Pavilion: The pavilion is intended to be further design development with an architect to determine final programming and space requirements but for the purpose of the Page 3 K:\016030-000\Admin\Docs\016030_2020-0710_Master Plan Summary.docx master plan is identified as a multi-purpose building with restrooms, storage space, open air picnic shelter space, a potential internal meeting / activity room, potential vending area or small kitchen, and has an exterior space to act as a performance stage that is aligned with the memorial and City Hall axis. There are external plaza spaces on either side of the building for outdoor seating and gathering. Additional storage is available with a shed along the NW parking lot. • Fire Pit: There are two locations shown for a community fire pit, and potentially both locations could be developed. o The larger community fire pit overlooks the main lawn space and has retaining walls that act as seating while creating wooded islands on either side. o The smaller fire pit is located on the east end of the pavilion and overlooks the smaller open lawn space. • Inclusive Playground: The playground has several pods to allow for a larger space dedicated to a destination playground that is inclusive for varying abilities, challenge levels and sensory stimulation. A central plaza space with seating and shade is located within the playground and ornamental fencing is placed along the exterior perimeter for safety enhancements. • Community Sports Pad: The sports pad is a possible future element, depending on budgetary constraints and recreational needs, and is a placeholder in the current plan. The space is large enough to develop a double tennis court which is also large enough to consider pickleball, basketball or other court combinations. • Splash Pad / Interactive Fountain: While the previous master plan indicated space for a splash pad, the current plan has eliminated this as an option due to high costs and current water use goals, but has considered the potential for a future interactive fountain in the seating plaza space on the west side of the main pavilion if needs dictate. Professional Services Agreement 08.01.16 Page 1 WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”) is made as of the 13th day of August 2020, by and between the City of Hugo with an address of 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038 (“Client”), and WSB & Associates, Inc. dba WSB with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416 (“Consultant”). Client and Consultant, for the consideration enumerated herein, do hereby agree as follows: SECTION 1 / GENERAL CONTRACT TERMS AND CONDITIONS The General Contract Terms and Conditions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit B. The work and services to be performed hereunder and described in Exhibit B shall be referred to herein and in the General Contract Provisions as the “Project”. SECTION 3 / COMPENSATION The amount, method and timing for payment to the Consultant shall be in accordance with Exhibit C. SECTION 4 / WORK SCHEDULE The preliminary schedule of the work, if required, is set forth in Exhibit B. SECTION 5 / CLIENT RESPONSIBILITIES The client responsibilities are set out in Exhibit F. SECTION 6 / SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. SECTION 7 / EXHIBITS The following Exhibits are attached hereto and made a part of this Agreement: X Exhibit A General Contract Provisions X Exhibit B Scope of Work X Exhibit C Compensation X Exhibit D Insurance Schedule X Exhibit E Rate Schedule X Exhibit F Client Responsibilities Exhibit G Special Conditions All references to the “Agreement” in this Document and the Exhibits shall mean this Agreement and all of the Exhibits as one integrated Agreement SECTION 8 / ACCEPTANCE OF AGREEMENT Upon written acceptance of this Agreement by Client, Consultant shall commence the work. The undersigned hereby accept the terms and conditions of this agreement and Consultant is hereby authorized to perform the services described herein. CLIENT: CITY OF HUGO CONSULTANT: WSB & ASSOCIATES, INC. dba WSB ADDRESS: 14669 FITZGERALD AVE. N. ADDRESS: 701 XENIA AVENUE SOUTH HUGO, MN 55038 SUITE 300 MINNEAPOLIS, MN 55416 BY: BY: NAME: NAME: TITLE: TITLE: Exhibit A – General Contract Provisions 11.01.16.MN Page 1 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 – PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 – ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 – SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 – CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor’s failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5 – OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Exhibit A – General Contract Provisions 11.01.16.MN Page 2 Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 – PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A – General Contract Provisions 11.01.16.MN Page 3 ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. ARTICLE 9 – HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant’s services to be provided under this Agreement. ARTICLE 10 – INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 – TERMINATION OR SUSPENSION If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data Exhibit A – General Contract Provisions 11.01.16.MN Page 4 files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 – INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant’s negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client’s negligence or willful misconduct. ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. ARTICLE 15 – ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 – CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A – General Contract Provisions 11.01.16.MN Page 5 ARTICLE 18 – AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant’s total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant’s total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client’s Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client’s Claims under the terms and conditions of the Consultant’s professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant’s provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant’s liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 – CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of Minnesota. ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit B – Scope of Services Page 1 WSB & ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK 2020 LIONS PARK DESIGN DEVELOPMENT PLAYGROUND & PARK PAVILION The Client intends to retain Consultant to provide general engineering and other related professional services for programming and design development for Lions Park playground area and park pavilion building with the intent to refine and adopt the master plan at a higher level of detail in preparation for final design construction documents necessary for bidding and construction. The Scope of Services are outlined below. ARTICLE B.1 – DESIGN DEVELOPMENT – PLAYGROUND B.1.1 Project Start-up Meeting. Consultant shall hold a virtual project start-up meeting with the Client to review over the proposed schedule, design process and develop a clear understanding of the scope of the project and intended outcomes. This includes meeting preparation and distribution of follow-up summary notes. B.1.2 Playground Programming. B.1.2.1 Steering Committee Meeting No. 1 Consultant shall hold a virtual meeting with the Client and Stakeholder Committee (committee members selected by the Client) to brainstorm ideas and develop project goals, themes and a programming list for the playground design. This includes meeting preparation and distribution of follow-up summary notes. B.1.3 Playground Design Development. B.1.3.1 Conceptual Design Consultant shall develop up to two (2) conceptual site design approaches for the playground areas based on the programming goals developed with the playground committee. The conceptual designs will illustrate potential circulation patterns, seating areas, playground elements, and theming opportunities. B.1.3.2 Client Review Meeting Consultant shall hold a virtual meeting with the Client to review the conceptual site design approaches for review and feedback and make modifications as necessary. This includes meeting preparation and distribution of follow-up summary notes. B.1.3.3 Steering Committee Meeting No. 2 Consultant shall facilitate a meeting with the Client and Stakeholder Committee to present and review the conceptual designs for feedback which will include discussion of potential playground elements or manufacturers for consideration. The intent of the meeting is to determine the desired approach, layout, theming opportunities, and types of equipment and site furnishings to carry forward into the design development process. This includes meeting preparation and distribution of follow-up summary notes. B.1.3.4 Vendor Coordination Consultant shall coordinate with selected vendors/manufacturers to provide preliminary designs for the various playground pods within established budgets. This will include attendance of up to two (2) virtual meetings with the Client and vendor to review the playground design progress and ongoing refinements. B.1.3.5 Design Development Consultant will prepare design development plans for the playground area that incorporates the preferred equipment design (as directed by the Client) and shall Exhibit B – Scope of Services Page 2 refine the site design that illustrates spatial configurations, material selection, site furnishing selections, construction methods, and general character. Design Development documents will include the following plan sheets taken to an approximate 50% complete level. • Layout Plan • Grading Plan • Utility Plan • Landscaping & Restoration Plan • Draft Details & Sections • Product style selections • Playground equipment selection • Estimate of probable costs including alternates B.1.3.6 Steering Committee Meeting No. 3 Consultant shall facilitate a meeting with the Client and Stakeholder Committee to present and review the playground design development plans and estimate of probable costs for review and feedback. This includes meeting preparation and distribution of follow-up summary notes. B.1.3.7 Parks Commission Meeting Consultant shall attend a virtual Parks Commission Meeting to present the final playground design and estimate, along with the overall site plan and estimate, for review and approval. B.1.3.8 City Council Meeting Consultant shall attend a City Council Meeting to present the final playground design and estimate, along with the overall site plan and estimate, for review and approval to carry the preferred approach into the final design package for construction. ARTICLE B.2 – DESIGN DEVELOPMENT – MULTI-PURPOSE PAVILION B.2.1 Project Start-up & Programming Meeting. Consultant shall attend a virtual project start-up meeting with the Client and Architect to review over the proposed schedule, confirm key stakeholder groups and develop a clear understanding of the scope of the project and intended outcomes with discussion of initial multipurpose building programming. B.2.2 Pavilion Programming. B.2.2.1 Steering Committee Meeting No. 1 Consultant shall hold a virtual meeting with the Client and Stakeholder Committee (committee members selected by the Client) to brainstorm ideas and develop a programming list for the multipurpose pavilion and surrounding plaza spaces. This includes meeting preparation and distribution of follow-up summary notes. B.2.3 Multi-Purpose Pavilion Design Development. B.2.3.1 Conceptual Design Consultant will coordinate with the Architect to develop conceptual site designs for the exterior plaza spaces surrounding the pavilion building based on the programming goals developed with the pavilion committee. The conceptual designs will illustrate spatial configurations, material selection, and character along with related cost considerations. B.2.3.2 Client Review Meeting Consultant shall attend a virtual meeting with the Client and Architect to review the conceptual design development approaches for review and feedback and make modifications as necessary prior to the Steering Committee meeting. This includes Exhibit B – Scope of Services Page 3 meeting preparation and distribution of follow-up summary notes. B.2.3.3 Steering Committee Meeting No. 2 Consultant shall attend a meeting with the Client, Architect and Stakeholder Committee to present the conceptual design development plans and related cost considerations for review and feedback. The intent of the meeting is to determine the final desired programming, layout, size, and materials as it relates to budgetary constraints to determine the preferred approach to carry forward into the final design process for the building and surrounding exterior plaza spaces. This includes meeting preparation and distribution of follow-up summary notes. B.2.3.4 Design Development Consultant will coordinate with the Architect and Client to determine the preferred approach for the multipurpose pavilion and exterior plaza spaces, including a community fire pit and stage area. Consultant will coordinate with the Architect to prepare design development plans for the surrounding exterior plaza spaces that illustrates spatial configurations, material selection, site furnishings, construction methods, and general character. Consultant Design Development documents for the site plaza areas around the building will include the following plan sheets taken to an approximate 50% complete level. • Layout Plan • Grading Plan • Landscaping & Restoration Plan • Draft Details & Sections • Product style selections • Estimate of probable costs including alternates B.2.3.5 Client Review Meeting Consultant shall attend a virtual meeting with the Client and Architect to review the preferred multipurpose pavilion and plaza designs and estimate for review and feedback for further refinements prior to the Steering Committee meeting. This includes meeting preparation and distribution of follow-up summary notes. B.2.3.6 Steering Committee Meeting No. 3 Consultant shall attend a virtual meeting with the Client, Architect and Stakeholder Committee to present and review the preferred multipurpose pavilion and plaza designs and estimate for review and feedback. This includes meeting preparation and distribution of follow-up summary notes. B.2.3.7 Parks Commission Meeting Consultant and the Architect shall attend a virtual Parks Commission Meeting to present the final multipurpose pavilion and estimate, along with the overall site plan and estimate, for review and approval. B.2.3.8 City Council Meeting Consultant and the Architect shall attend a virtual City Council Meeting to present the final multipurpose pavilion design and estimate, along with the overall site plan and estimate, for review and approval to carry the preferred approach into the final design package for construction. ARTICLE B.3 – TOPOGRAPHICAL SURVEY B.3.1 Site Topographical Survey. Consultant will prepare a site topographic survey illustrating existing site development and elevations. This will provide the team with a higher level of detail necessary for final design. Note: a boundary/property line survey is not included. Gopher State One-Call will identify any public utilities, but private utilities must be located by the Client. Exhibit B – Scope of Services Page 4 ARTICLE B.4 – ADDITIONAL SERVICES Additional services shall be requested and authorized in writing and will be billed hourly according to the current rate schedule. Exhibit C - Compensation Page 1 WSB & ASSOCIATES, INC. EXHIBIT C COMPENSATION 2020 LIONS PARK DESIGN DEVELOPMENT PLAYGROUND & PARK PAVILION The Client shall pay the Consultant for Basic Services rendered on an hourly basis, not-to-exceed $57,000 as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant’s current fee schedule with hourly rates is attached to this contract as Exhibit E. The rate schedule is for 2020 and will remain in effect for services rendered through December 31, 2020. The fee schedule will be evaluated on an annual basis by the Consultant and adjusted to account for inflation and other factors. The Consultant will submit a revised fee schedule prior to December 31 on an annual basis. The following represents the compensation terms: ARTICLE C.1 – PROJECT COMPENSATION Compensation for the scope of services is as follows and will not be exceeded without Client authorization. Playground .................................................................................................. $30,000 Multi-purpose Pavilion ................................................................................. $20,000 Topographical Survey ................................................................................... $7,000 TOTAL .................................................... $57,000 ARTICLE C.2 – INDEPENDENT CONSULTANTS The cost of services performed by independent consultants or agencies for environmental evaluation, soil testing, laboratory services, or other services will be billed to the Client at the Consultant’s cost with no markup. ARTICLE C.3 – PAYMENT FOR REVISIONS OR OTHER WORK If the Client directs that revisions be made to the plans and specifications following approval of the plans and specifications by the Client or if the City Council directs Consultant to perform other work, the Consultant shall be compensated for the cost of such revisions at the hourly fee. The Consultant shall be given additional compensation when additions consist of enlargement or extension of the project. Additional compensation will be on the same basis as agreed to for the original plans and specifications. ARTICLE C.4 – RECEIPT OF PAYMENT In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. Separate statements shall be submitted for each project or a detailed breakdown shall be furnished showing the distribution of charges to each project. The Client shall pay Consultant upon receipt of each monthly invoice. For hourly and percentage of construction cost contracts, the personnel who worked on the project shall be included. ARTICLE C.5 – EXPENSES Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: Permit fees Plan and specification reproduction fees Costs related to the development of project photos The following shall not be considered reimbursable expenses: Mileage Mobile phone usage Computer equipment time Preparation and reproduction of common correspondence Mailing Exhibit D – Insurance Schedule 202007 Page 1 WSB & ASSOCIATES, INC. EXHIBIT D INSURANCE SCHEDULE GENERAL LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $1,000,000 Medical Expenses (Any one person) $5,000 AUTOMOBILE LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Any Auto Coverage: Combined Single Limit $1,000,000 UMBRELLA Broker: Marsh & McLennan Agency, LLC Coverage: Each Occurrence/Aggregate $10,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Broker: Marsh & McLennan Agency, LLC Coverage: Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY Broker: H. Robert Anderson and Associates, Inc. Coverage: Each Claim $ 5,000,000 Annual Aggregate $ 10,000,000 Certificates of Insurance will be provided upon request. 2020 Rate Schedule Billing Rate/Hour PRINCIPAL | ASSOCIATE $152 - $192 SR. PROJECT ENGINEER | SR. PROJECT MANAGER $152 - $192 PROJECT MANAGER $135 - $150 PROJECT ENGINEER | GRADUATE ENGINEER $90 - $146 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $58 - $146 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $70 - $150 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $58 - $146 PLANNER | SR. PLANNER $70 - $150 GIS SPECIALIST | SR. GIS SPECIALIST $70 - $150 CONSTRUCTION OBSERVER $95 - $120 SURVEY One-Person Crew $149 Two-Person Crew $196 Three-Person Crew $211 OFFICE TECHNICIAN $53 - $94 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs asso- ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. WSBENG.COM EXHIBIT E Exhibit F – Client Responsibilities 10.30.15 Page 1 WSB & ASSOCIATES, INC. EXHIBIT F CLIENT RESPONSIBILITIES The Client’s responsibilities related to the services to be provided by Consultant are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Consultant to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: ARTICLE F.1 Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Consultant to follow or incorporate into its work. ARTICLE F.2 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. ARTICLE F.3 Provide such legal, accounting and insurance counseling services as may be required for this Project. ARTICLE F.4 Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. ARTICLE F.5 Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services required under this Agreement. ARTICLE F.6 Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Consultant as set out below. ARTICLE F.7 Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub -surface explorations, hydrographic and hydrogeologic surveys, laborator y tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; propert y description; zoning, deed and other land use restrictions; and other special data. ARTICLE F.8 Require all Utilities with facilities in the Client’s Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. ARTICLE F.9 Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. Exhibit F – Client Responsibilities 10.30.15 Page 2 ARTICLE F.10 Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. ARTICLE F.11 Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. ARTICLE F.12 Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. ARTICLE F.13 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE F.14 Client shall bear all costs incidental to compliance with the requirements of this article. Professional Services Agreement 08.01.16 Page 1 WSB & ASSOCIATES, INC. PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement (the “Agreement”) is made as of the 4th day of September 2020, by and between the City of Hugo with an address of 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038 (“Client”), and WSB & Associates, Inc. dba WSB with offices located at 701 Xenia Avenue South, Suite 300, Minneapolis, Minnesota 55416 (“Consultant”). Client and Consultant, for the consideration enumerated herein, do hereby agree as follows: SECTION 1 / GENERAL CONTRACT TERMS AND CONDITIONS The General Contract Terms and Conditions shall be as set forth in Exhibit A. SECTION 2 / SCOPE OF WORK The scope of work to be performed by Consultant is set forth in Exhibit B. The work and services to be performed hereunder and described in Exhibit B shall be referred to herein and in the General Contract Provisions as the “Project”. SECTION 3 / COMPENSATION The amount, method and timing for payment to the Consultant shall be in accordance with Exhibit C. SECTION 4 / WORK SCHEDULE The preliminary schedule of the work, if required, is set forth in Exhibit B. SECTION 5 / CLIENT RESPONSIBILITIES The client responsibilities are set out in Exhibit F. SECTION 6 / SPECIAL CONDITIONS Special conditions, if any, are as set forth in Exhibit G. SECTION 7 / EXHIBITS The following Exhibits are attached hereto and made a part of this Agreement: X Exhibit A General Contract Provisions X Exhibit B Scope of Work X Exhibit C Compensation X Exhibit D Insurance Schedule X Exhibit E Rate Schedule X Exhibit F Client Responsibilities Exhibit G Special Conditions All references to the “Agreement” in this Document and the Exhibits shall mean this Agreement and all of the Exhibits as one integrated Agreement SECTION 8 / ACCEPTANCE OF AGREEMENT Upon written acceptance of this Agreement by Client, Consultant shall commence the work. The undersigned hereby accept the terms and conditions of this agreement and Consultant is hereby authorized to perform the services described herein. CLIENT: CITY OF HUGO CONSULTANT: WSB & ASSOCIATES, INC. dba WSB ADDRESS: 14669 FITZGERALD AVE. N. ADDRESS: 701 XENIA AVENUE SOUTH HUGO, MN 55038 SUITE 300 MINNEAPOLIS, MN 55416 BY: BY: NAME: NAME: TITLE: TITLE: Exhibit A – General Contract Provisions 11.01.16.MN Page 1 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS ARTICLE 1 – PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 – ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 – SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of this Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 – CONSTRUCTION OBSERVATION If requested by Client, Consultant shall visit the project during construction to become familiar with the progress and quality of the contractors’ work and to determine if the work is proceeding, in general, in accordance with plans, specifications or other contract documents prepared by Consultant for the Client. The Client has not retained the Consultant to make detailed inspections or to provide exhaustive or continuous project review and observation services. Consultant neither guarantees the performance of any Contractor retained by Client nor assumes responsibility for any Contractor’s failure to furnish and perform the work in accordance with the construction documents. Client acknowledges Consultant will not direct, supervise or control the work of contractors or their subcontractors, nor shall Consultant have authority over or responsibility for the contractors’ means, methods, or procedures of construction. Consultant’s services do not include review or evaluation of the Client’s, contractor’s or subcontractor’s safety measures, or job site safety. Job Site Safety shall be the sole responsibility of the contractor who is performing the work. For Client-observed projects, the Consultant shall be entitled to rely upon and accept representations of the Client’s observer. If the Client desires more extensive project observation or full-time project representation, the Client shall request such services be provided by the Consultant as an Additional Service. Consultant and Client shall then enter into a Supplemental Agreement detailing the terms and conditions of the requested project observation. ARTICLE 5 – OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs, collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Exhibit A – General Contract Provisions 11.01.16.MN Page 2 Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor's methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be suitable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedly arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 – PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1-1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges. Payment methods, expenses and rates may be more fully described in Exhibit C and Exhibit E. Exhibit A – General Contract Provisions 11.01.16.MN Page 3 ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. ARTICLE 9 – HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter, or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant’s services to be provided under this Agreement. ARTICLE 10 – INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. Additional Insurance requirements are listed in Exhibit D. ARTICLE 11 – TERMINATION OR SUSPENSION If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated for services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data Exhibit A – General Contract Provisions 11.01.16.MN Page 4 files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. ARTICLE 12 – INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or cost to the extent caused by the Consultant’s negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client’s negligence or willful misconduct. ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES The Consultant and Client waive claims against each other for consequential damages arising out of or relating to this contract. This mutual waiver includes damages incurred by the Client for rental expenses, for loss of use, loss of income, lost profit, project delays, financing, business and reputation and for loss of management or employee productivity or of the services of such persons; and (2) Damages incurred by the Consultant for principal office expenses including the compensation for personnel stationed there, for losses of financing, business and reputation and for loss of profit except anticipated profit arising directly from the Work. The Consultant and Client further agree to obtain a similar waiver from each of their contractors, subcontractors or suppliers. ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. ARTICLE 15 – ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 – CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provide information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. Exhibit A – General Contract Provisions 11.01.16.MN Page 5 ARTICLE 18 – AVAILABLE INSURANCE PROCEEDS AND LIMITATION OF LIABILITY Consultant maintains professional liability insurance with a liability limit of not less than $2,000,000 per claim. The Consultant’s total liability to Client shall not exceed the total available insurance policy limits per claim available to Consultant under its professional liability insurance policy. Client hereby agrees that to the fullest extent permitted by law, the Consultant’s total liability to Client for any and all injuries, claims, losses, expenses or damages whatsoever arising out of or in any way related to or arising from this Agreement from any cause or causes including, but not limited to, Consultant’s negligence, errors, omissions, strict liability, breach of contract or breach of warranty (Client’s Claims) shall not exceed the total policy limits available to Consultant under its professional liability insurance policy for settlement or satisfaction of Client’s Claims under the terms and conditions of the Consultant’s professional liability insurance policy applicable hereto. Notwithstanding the language above, Client agrees that with regard to any claim arising from or relating to Consultant’s provision of geotechnical engineering services, construction materials testing, special inspections, and/or environmental engineering services, including but not limited to environmental site assessments, that Consultant’s liability for any claims asserted by or through Client shall be limited to $50,000. Client and Consultant each further agree that neither will be responsible for any incidental, indirect, or consequential damages (including loss of use or loss of profits) sustained by the other, its successors or assigns. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 19 – CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of Minnesota. ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. Exhibit B – Scope of Services Page 1 WSB & ASSOCIATES, INC. EXHIBIT B SCOPE OF WORK 2020 LIONS PARK DESIGN DEVELOPMENT PARKING LOTS, TRAILS AND WALKS, SKATE PARK RELOCATION, POTENTIAL COMMUNITY SPORTS PAD & ARM SURVEY The Client intends to retain Consultant to provide general engineering and other related professional services for programming and design development for Lions Park Site including the parking lot by City Hall, the northwest parking lot, trails and walks, skate park relocation, and the potential community sports pad with the intent to refine and adopt the master plan at a higher level of detail in preparation for final design construction documents necessary for bidding and construction. This will not include any work related to improvements to adjacent streets or street stormwater design. Site development will be based on information available from the street and stormwater feasibility design. Design development will include preliminary park stormwater modeling and electrical design. The Scope of Services are outlined below. ARTICLE B.1 – DESIGN DEVELOPMENT B.1.1 Project Start-up Meeting. Consultant shall hold a virtual project start-up meeting with the Client to review the proposed schedule, design process and develop a clear understanding of the scope of the project and intended outcomes. This includes meeting preparation and distribution of follow-up summary notes. B.1.2 Programming Confirmation. B.1.2.1 Programming Meeting – Meeting No. 1 Consultant shall hold a virtual meeting with the Client and select stakeholder to brainstorm ideas and develop project goals, themes and a refined programming list for the overall site design for confirmation. This includes meeting preparation and distribution of follow-up summary notes. B.1.3 Preliminary Design Development. B.1.3.1 Preliminary Design Development Consultant will prepare preliminary design development plans that will illustrate spatial configurations, material selections, site furnishings, construction methods, and general character in order for the Client to make decisions as it relates to the overall established construction budget, preferences and preliminary priorities. Preliminary Design Development documents will include the following plan sheets taken to an approximate 25% complete level: • Removals Plan • Layout Plan and Options • Grading Plan • Utility Plan • Landscaping & Restoration Plan • Product style options for preference/feedback • Estimate of probable costs including alternates B.1.3.2 Design Review Meeting – Meeting No. 2 Consultant shall facilitate a design review meeting with the Client and select stakeholders to present and review the preliminary site design development plans and estimate of probable costs for review and feedback in order to determine the preferred design approaches and priorities for specific elements to include in the final design package. This includes meeting preparation and distribution of follow-up summary notes. Exhibit B – Scope of Services Page 2 B.1.3.3 Design Development Consultant will prepare design development plans that further refine the site design based on feedback from the Client and select stakeholders and an updated estimate of probable costs with list of potential alternates based on selected priorities for consideration to fit within the overall established construction budget and Phase One implementation priorities. Design Development documents will include the following plan sheets taken to an approximate 50% complete level: • Title Sheet • Removals Plan • Layout Plan • Grading Plan • Utility Plan • Electrical Plan • Landscaping & Restoration Plan • Draft Details & Sections • Product style selections • Preliminary stormwater modeling and review • Preliminary determination of permit requirements • Estimate of probable costs including alternates. B.1.3.4 Design Review – Meeting No. 3 Consultant shall facilitate a design review meeting with the Client and select stakeholders to present and review the updated site design development plans and estimate of probable costs for review and approval to forward include the final design package. This includes meeting preparation and distribution of follow-up summary notes. B.1.3.5 Parks Commission Meeting Consultant shall attend a virtual Parks Commission Meeting to present the site design development plans, estimate for review and approval, along with input on priorities for construction. This includes meeting preparation and distribution of follow- up summary notes. B.1.3.6 City Council Meeting Consultant shall attend a City Council Meeting to present the final site design development plans and estimate for review and approval on the preferred design development approach and which elements to carry forward into the final design package for construction. This includes meeting preparation and distribution of follow- up summary notes. ARTICLE B.2 – ASBESTOS AND REGULATED MATERIAL (ARM) ASSESSMENT B.2.1 Destructive Asbestos Sampling. Consultant will perform destructive asbestos sampling at each Site structure to identify friable and non-friable asbestos-containing materials (ACM) in accordance with Environmental Protection Agency (EPA), Minnesota Pollution Control Agency (MPCA), and Minnesota Department of Health (MDH) rules and regulations. In addition, Consultant will identify ACM that could become friable during demolition activities, and according to State and Federal regulations, would require abatement prior to disturbance. The inspection and sampling will be performed by a US EPA-accredited and MDH-certified Asbestos Inspector. It is anticipated that building materials disturbed during sampling will not be replaced/repaired following the completion of the sampling. B.1.2.2 Record Document Review Site drawings, historical data, laboratory reports or other documents provided to Consultant will be evaluated for the general design and layout of the buildings, as Exhibit B – Scope of Services Page 3 well as, to assist in the identification of ACM or suspect ACM. Other documents such as maintenance records, operation logs, etc. provided to Consultant will also be reviewed. Where laboratory analysis of materials is consistent with current regulatory requirements, Consultant shall incorporate such test results into our current assessment. B.1.2.3 Visual Inspection Consultant will perform a visual inspection of the interior and exterior of each Site building, including the roof, focusing on the identification of suspect ACM. Suspect ACM will be grouped into homogeneous areas based on color, texture, use and apparent construction age. The locations, quantities and conditions of each homogeneous area of ACM, as well as an assessment of friability will be recorded on an area by area basis. Each suspect material will be touched, where practical, to determine friability. B.1.2.4 Intrusive Evaluations The inspection team shall select representative areas to perform an intrusive evaluation of void spaces within each Site building or structure. Such inspections shall be made by creating an opening of sufficient size to determine the presence, condition and estimated quantity of suspect ACM within. Void spaces which may be evaluated include locations of suspected pipe or HVAC chases, wall cavities where fireproofing or other ACM is suspected, above finished ceiling systems where ACM is likely to exist, within pipe trenches or within other concealed locations. Although Consultant shall make an attempt to identify all areas of ACM, an exhaustive investigation of void spaces is not included in the scope of services for this project. There may exist conditions which are unable to be identified within the scope of this survey. Consultant shall not patch areas where sampling is performed. The Client may retain the services of an independent contractor or provide maintenance personnel to provide restoration of sampling locations. If the Client elects to provide patching, Consultant shall coordinate activities with the owner’s representative, provided that the work may be scheduled while Consultant is on Site for the balance of the assessment activities. B.1.2.5 Photographic Documentation Photographs will be collected to document Site conditions identified by the inspection team. Photographic documentation shall be used illustrate construction type, space characteristics, and to assist in material identification. B.1.2.6 Homogeneous Area Testing Consultant shall collect representative samples of each homogeneous area of suspect ACM identified during the visual inspection and/or plan review. At a minimum, three (3) samples will be collected for each homogeneous area of suspect thermal system insulation. Samples of surfacing materials shall be collected in accordance with AHERA’s 3-5-7 rule. Sample locations shall be randomly chosen to the extent possible; however, Consultant shall preferentially collect samples from hidden or obscure locations. Consultant shall additionally attempt to collect samples from areas of pre-existing damage. B.1.2.7 Laboratory Analysis Samples shall be submitted to a laboratory accredited for the analysis of asbestos bulk samples under the National Voluntary Laboratory Accreditation Program (NVLAP). Samples of suspect materials will be analyzed on a first positive stop basis. Analysis shall be performed by Polarized Light Microscopy (PLM), EPA Method 600/R-93-116 (Asbestos in Bulk Building Materials). For materials with low (less than 10%) concentrations of asbestos, a point count quantification of asbestos concentrations can be performed. If additional analyses are required, Consultant will contact the Client for authorization. Exhibit B – Scope of Services Page 4 B.2.2 Regulated Materials Inventory. Consultant will complete a room-by-room inventory of regulated materials at each Site building that may require special handling or disposal prior to demolition. Consultant will also note other items present that may require special attention prior to or during demolition including; wells, septic systems, above/underground tanks, hoists, and oil water separators. B.2.3 Final Documentation and Reporting. Consultant will summarize the results of the Destructive ARM Surveys in final reports. One report will be generated for each of the three buildings. At a minimum, the reports will include the following: • Scope of work • Sampling methods and procedures • Figures identifying ACM sample locations • Regulated materials inventory • Investigation results including locations and quantities of identified ACM • Conclusions and recommendations B.2.4 Assumptions. The following conditions are assumed for the ARM Assessment. • Client will arrange and provide Site access. • Buildings will be vacant at the time of the assessment • Destructive sampling methods will be used. • Any damage caused to building materials during sampling will not be repaired/replaced by Consultant, including roofing materials. • It is anticipated that the following additional samples will be collected and analyzed under a standard 7 to10-day laboratory turnaround time: o Small Storage Garage – ten (10) asbestos samples o Large Storage Garage – twenty (20) asbestos samples o Open Air Picnic Shelter – ten (10) asbestos • Additional asbestos samples will be charged at a rate of $6 per sample. • No lead-based paint samples will be collected. • One ARM Assessment report will be generated per building (3 total reports). • The Client will provide one review of each final report. ARTICLE B.3 – ADDITIONAL SERVICES Additional services shall be requested and authorized in writing and will be billed hourly according to the current rate schedule. Exhibit C - Compensation Page 1 WSB & ASSOCIATES, INC. EXHIBIT C COMPENSATION 2020 LIONS PARK DESIGN DEVELOPMENT PARKING LOTS, TRAILS AND WALKS, SKATE PARK RELOCATION, POTENTIAL COMMUNITY SPORTS PAD & ARM SURVEY The Client shall pay the Consultant for Basic Services rendered on an hourly basis, not-to-exceed $83,300 as mutually agreed to and deemed fair and reasonable for the particular work to be performed. Consultant’s current fee schedule with hourly rates is attached to this contract as Exhibit E. The rate schedule is for 2020 and will remain in effect for services rendered through December 31, 2020. The fee schedule will be evaluated on an annual basis by the Consultant and adjusted to account for inflation and other factors. The Consultant will submit a revised fee schedule prior to December 31 on an annual basis. The following represents the compensation terms: ARTICLE C.1 – PROJECT COMPENSATION Compensation for the scope of services is as follows and will not be exceeded without Client authorization. Design Development ................................................................................... $80,000 Asbestos and Regulated Material (ARM) Assessment ................................. $3,300 TOTAL .................................................... $83,300 ARTICLE C.2 – INDEPENDENT CONSULTANTS The cost of services performed by independent consultants or agencies for environmental evaluation, soil testing, laboratory services, or other services will be billed to the Client at the Consultant’s cost with no markup. ARTICLE C.3 – PAYMENT FOR REVISIONS OR OTHER WORK If the Client directs that revisions be made to the plans and specifications following approval of the plans and specifications by the Client or if the City Council directs Consultant to perform other work, the Consultant shall be compensated for the cost of such revisions at the hourly fee. The Consultant shall be given additional compensation when additions consist of enlargement or extension of the project. Additional compensation will be on the same basis as agreed to for the original plans and specifications. ARTICLE C.4 – RECEIPT OF PAYMENT In order to receive payment for services, the Consultant shall submit monthly invoices describing in detail the services performed in accordance with this contract. Separate statements shall be submitted for each project or a detailed breakdown shall be furnished showing the distribution of charges to each project. The Client shall pay Consultant upon receipt of each monthly invoice. For hourly and percentage of construction cost contracts, the personnel who worked on the project shall be included. ARTICLE C.5 – EXPENSES Consultant shall be reimbursed for reasonable expenses related to the scope of services of this contract and/or individual projects. The Consultant shall be reimbursed for the actual cost of the expenses, without markup. Typical expenses include, but are not limited to, the following: Permit fees Plan and specification reproduction fees Costs related to the development of project photos The following shall not be considered reimbursable expenses: Mileage Mobile phone usage Computer equipment time Preparation and reproduction of common correspondence Mailing Exhibit D – Insurance Schedule 202007 Page 1 WSB & ASSOCIATES, INC. EXHIBIT D INSURANCE SCHEDULE GENERAL LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Commercial General Liability Coverage: General Aggregate $2,000,000 Products-Comp/Ops Aggregate $2,000,000 Personal & Advertising Injury $1,000,000 Each Occurrence $1,000,000 Damage to Rented Premises $1,000,000 Medical Expenses (Any one person) $5,000 AUTOMOBILE LIABILITY Broker: Marsh & McLennan Agency, LLC Type of Insurance: Any Auto Coverage: Combined Single Limit $1,000,000 UMBRELLA Broker: Marsh & McLennan Agency, LLC Coverage: Each Occurrence/Aggregate $10,000,000 WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY Broker: Marsh & McLennan Agency, LLC Coverage: Statutory Each Accident $ 1,000,000 Disease-Policy Limit $ 1,000,000 Disease-Each Employee $ 1,000,000 PROFESSIONAL LIABILITY Broker: H. Robert Anderson and Associates, Inc. Coverage: Each Claim $ 5,000,000 Annual Aggregate $ 10,000,000 Certificates of Insurance will be provided upon request. 2020 Rate Schedule Billing Rate/Hour PRINCIPAL | ASSOCIATE $152 - $192 SR. PROJECT ENGINEER | SR. PROJECT MANAGER $152 - $192 PROJECT MANAGER $135 - $150 PROJECT ENGINEER | GRADUATE ENGINEER $90 - $146 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $58 - $146 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $70 - $150 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $58 - $146 PLANNER | SR. PLANNER $70 - $150 GIS SPECIALIST | SR. GIS SPECIALIST $70 - $150 CONSTRUCTION OBSERVER $95 - $120 SURVEY One-Person Crew $149 Two-Person Crew $196 Three-Person Crew $211 OFFICE TECHNICIAN $53 - $94 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs asso- ciated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. WSBENG.COM EXHIBIT E Exhibit F – Client Responsibilities 10.30.15 Page 1 WSB & ASSOCIATES, INC. EXHIBIT F CLIENT RESPONSIBILITIES The Client’s responsibilities related to the services to be provided by Consultant are generally as set out below. These responsibilities can be modified through Supplemental Agreements. In order to permit the Consultant to perform the services required under this Agreement, the Client shall, in proper time and sequence and where appropriate to the Project, at no expense to the Consultant: ARTICLE F.1 Provide available information as to its requirements for the Project, including copies of any design and construction standards and comprehensive plans which the Client desires Consultant to follow or incorporate into its work. ARTICLE F.2 Guarantee access to and make all provisions for the Consultant to enter upon public and private lands to enable the Consultant to perform its work under this Agreement. ARTICLE F.3 Provide such legal, accounting and insurance counseling services as may be required for this Project. ARTICLE F.4 Notify the Consultant whenever the Client observes or otherwise becomes aware of any defect in the Project construction or design. ARTICLE F.5 Designate a Client Representative with authority to transmit and receive instructions and information, interpret and define the Client’s policies with respect to services rendered by the Consultant, and authority to make decisions as required for Consultant to complete services required under this Agreement. ARTICLE F.6 Act promptly to approve all pay requests, Supplemental Agreements, or request for information by Consultant as set out below. ARTICLE F.7 Furnish data (and professional interpretations thereof) prepared by or services performed by others, including where applicable, but not limited to, previous reports, core borings, sub -surface explorations, hydrographic and hydrogeologic surveys, laborator y tests and inspection of samples, materials and equipment; appropriate professional interpretations of the foregoing data; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic and utility surveys; propert y description; zoning, deed and other land use restrictions; and other special data. ARTICLE F.8 Require all Utilities with facilities in the Client’s Right of Way to Locate and mark said utilities upon request, Relocate and/or protect said utilities as determined necessary to accommodate work of the Project, submit a schedule of the necessary relocation/protection activities to the Client for review and comply with agreed upon schedule. ARTICLE F.9 Review all reports, sketches, drawings, specifications and other documents prepared and presented by the Consultant, obtain advice of legal, accounting and insurance counselors or others as Client deems necessary for such examinations and render in writing decisions pertaining thereto. Exhibit F – Client Responsibilities 10.30.15 Page 2 ARTICLE F.10 Where appropriate, endeavor to identify, remove and/or encapsulate asbestos products or materials or pollutants located in the project area prior to accomplishment by the Consultant of any work on the Project. ARTICLE F.11 Provide record drawings and specifications for all existing physical plants of facilities which are pertinent to the Project. ARTICLE F.12 Provide the foregoing in a manner sufficiently timely so as not to delay the performance by the Consultant of the services in accordance with the Contract Documents. ARTICLE F.13 Consultant shall be entitled to rely on the accuracy and completeness of information or services furnished by the Client or others employed by the Client. Consultant shall endeavor to verify the information provided and shall promptly notify the Client if the Consultant discovers that any information or services furnished by the Client is in error or is inadequate for its purpose. ARTICLE F.14 Client shall bear all costs incidental to compliance with the requirements of this article. Hagen, Christensen & McIlwain Architects 4201 Cedar Avenue S. | Minneapolis, MN 55407 | 612.904.1332 | HCMarchitects.com Sincerely, Matthew D Lysne, AIA, NCARB HCM Architects, Principal in Charge September 21, 2020 Shayla Denaway City of Hugo Parks Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 City of Hugo Architectural Planning & Design Services Shayla, Thank you for including us in the City of Hugo - Lions Park Multi-purpose pavilion RFQ! We are excited to present our team’s qualifications for this project. Our proposed team is made of up firm leaders from each group, and we have a long-standing working relationship with these key partners. Our proven track record of delivering all levels of planning and design for municipalities gives us an enviable position in the market and we encourage you to contact our references, included on the last page. HCM has a long standing working relationship with WSB and we have executed numerous successful projects with their teams. Hagen Christensen & McILwain Architects (HCM) will be the Project Leader for the Design Team. HCM will be responsible for the overall management of the Assessment & Concept Design, all aspects of coordination, and project management of all project consultants. HCM is a 22 year old firm with a large and diverse portfolio of work in the public sector. Our Project Team is made up of HCM Design Team members that we feel can best service the City of Hugo's needs. Our Team has the current working knowledge of approaches to help communities develop plans that identify current deficiencies, needs and help to set a path forward that is well defined, but flexible. We have assembled a team of experts and practitioners that will provide the needed skills and insights to provide the City of Hugo with two excellent design options for the future of Lions Park. Our deign efforts will be supported by solid documentation and representations that will outline the paths forward for the City Council’s decision in early 2021. Our team is comprised of the following consultant team: • HCM Architects – Team Lead, led by Principals, with over 25 years of experience in civic and municipal structures. HCM has executed over 200 projects for cities and counties around the metro area, with two decades of experience master planning and assisting with site analysis. • BKBM Engineers – HCM has 15 years of partnership with BKBM to ensure smooth communication with their experts who will help with structural design services. • Emanuelson-Podas – HCM has 15 yearlong working relationship with EP and it's managing principals. EP brings vast experience in building systems design and coordination and will assist in Mechanical, Electrical, and Plumbing Engineering. We appreciate the opportunity to propose on this project and genuinely ask that you contact our references, provided with this proposal. 2 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion As one the leaders at HCM Architects, Matt has over 25 years of professional experience working in many facets of the profession from programming and design to construction administration. His design experience has included many municipal and public projects, as well as many programming & planning efforts for municipalities. Matt will help lead the site planning and programming efforts of the Project Team. Matt Lysne AIA, NCARB Liz Gutzman has been practicing architecture at HCM since 2008 and also has 4 years of experience prior to that while attending undergraduate and graduate school. Since graduating in 2009 from the University of Minnesota, she has been working full time at HCM Architects and gained valuable experience managing projects and developing client relationships. Seeing a project from start to finish is a very rewarding process and something Liz has a lot of passion for. Liz Gutzman AIA Tim is a Founding Principal and Partner at HCM Architects. Tim will provide strong project design and development skills gained from over 35 years of professional experience. Tim has extensive experience with master planning and design of park and recreation facilities, community centers and municipal buildings of all types for multiple counties and cities in the Twin Cities metro area. Tim Mcllwain AIA Ronald has worked at BKBM for 34 years and has designed and supervised the structural engineering effort for numerous projects. He has extensive experience with essentially all major building and structure types. Ronald LaMere is an expert on the special inspections provisions of the International Building Code and has been invited to present nationally on numerous occasions. He is active as a voting member in the International Building Code review process where he is involved in writing and evaluating Special Inspection and testing provisions of the Code. Ronald J. Lamere P.E., Principcal in Charge Resumes 3 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Scott is a managing partner and registered mechanical engineer with 20 years of experience as a consulting engineer. He has extensive experience designing HVAC, plumbing, piping, fire protection and building automation systems, as well as project management and construction administration expertise. Scott has worked in a variety of industry sectors including corporate, civic and municipal, education, financial, housing, hospitality, restaurant, retail, and worship. Scott is a LEED-accredited professional and has a special focus on leading and designing sustainable projects, with multiple LEED-registered projects under his belt. Scott enjoys creating and maintaining business relationships with building owners and architects. He thrives on helping building owners make informed decisions about building systems by engaging early in the design process and leveraging both his experience and energy modeling technologies. Brian has been involved in the engineering field for more than 20 years. He has a diverse background which includes HVAC and plumbing design in the corporate and financial sectors, as well as with K-12 school facilities, churches, public works facilities, restaurants, tenant build-out projects, and sports/ recreational facilities. Brian works tirelessly to provide the most appropriate solution to the need, balancing cost, efficiency, complexity and the owner’s goals. His attention to detail has proven to be a key attribute in delivering high quality designs – that work the first time. Marge has been in the engineering industry for more than 30 years. She has a broad and diverse electrical design background that includes supermarkets, retail space, restaurants, park shelters, warehouses and housing projects. This range of experience provides clients with the perspective and expertise necessary to quickly solve design challenges by providing thoughtful, experience-based solutions. Marge has extensive experience with multiple design assisting software including AGI32 Lighting Design, Lithonia’s Visual Lighting Design assistant, COMcheck, AutoCad and Autodesk Revit. Scott Vander Heiden PE, LEED AP BD+C Brian Ringsven Senior Mechanical Designer Marge Moran Electrical Designer 4HCMarchitects.com Year Completed: 2009 Location: Blaine, MN Client: Blaine Parks & Rec Square Footage: Varies Project Contact: Jim Kappelhoff Director Blaine Parks & Rec HCM Architects designed the new facilities at the Lakeside Commons Community Park in Blaine, MN which included a Boat Rental Building, Picnic Pavilion and a Beach Building. The buildings are designed to evoke the feeling of garden structures that reflect the design of the adjacent Parkway. HCM Architects worked with SRF Consulting on the project. City of Blaine Parks & Recreation Lakeside Commons Park Facilities 5HCMarchitects.com HCM Architects were commissioned by the City of West Saint Paul to renovate Harmon Park. The renovation included a new concessions building located at the ball fields, a new warming shelter building for winter sports and a new community building with public meeting and office space. The design of the evoked a traditional style that fits within the surrounding residential context but also has simple modern elements such as angled bay windows, extended roof lines and exterior arbor structures. West St. Paul Harmon Park Concessions, Warming House & Community Building Year Completed: 2015 Location: West St. Paul, MN Client: City of West St. Paul Square Footage: 1250 SF Project Contact: Dave Schletty Assistant Park & Recreation Director City of West St. Paul 6HCMarchitects.com Year Completed: 2014/2018 Location: Roseville, MN Client: City of Roseville Square Footage: 1500 SF Project Contact: Lonnie Brokke Director of Parks and Recreation City of Roseville HCM Architects provided programming, master planning and building design services for the City of Roseville Parks and Recreation Renewal Program. In all, seven community buildings on seven distinct sites were designed to meet the growing needs of the citizens of Roseville. Each building was located on its site to maximize its unique characteristics and the scope of City services being provided. City of Roseville Parks & Recreation Parks and Recreation Renewal Program | Master Planning 7HCMarchitects.com Year Completed: 2019 Location: Maplewood, MN Client: Maplewood Parks & Recreation Dept Square Footage: 3000 SF Project Contact: Audra Robbins Project Manager Maplewood Parks & Recreation Dept HCM Architects designed the new Community Building as part of a complete park renovation project. The building is used by park users and the community as a meeting /gathering facility that hosts community meetings, special events and family gatherings. City of Maplewood Parks & Recreation Wakefield Park Community Building 8 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Additional References HCM Architects has had the opportunity to work with a lot of great clients throughout our history as a firm. The following two professional references are individuals that we feel can speak candidly about our quality of work and performance on public planning projects within the last several years. Don Theisen Director - Washington County Public Works 11660 Myeron Road N Stillwater, MN 55082 Don.Theisen@co.washington.mn.us Tel: 651-430-4304 Relevant Projects: -Lake Elmo Nordic Center - 2012 -St. Croix Bluffs Regional Park Facilities - 2012 -Public Works North Shop Expansion and Renovation - 2015 Jody Yungers Director, Recreation and Parks Department City of Brooklyn Park 5200 85th Avenue North Brooklyn Park, MN 55443 Jody.Yungers@BrooklynPark.Org Tel: 763-493-8337 Relevant Projects: -Numerous projects while at Ramsey County Parks and Recreation -River Park Picnic Shelter – 2019-2020 Clifton Swenson Director of Design & Project Managment. Minneapolis Parks & Recreation Board 2117 West River Road Minneapolis, MN 55411 CSwenson@minneapolisparks.org Tel: 612-230-6473 Relevant Projects: -Hiawatha Maint. Master Plan - 2020 -Lyndale Farmstead Rec. Center Renovation - 2020 Lake Elmo Nordic Center | HCM Architects Cedarhold Community Building | HCM Architects Lyndale Farmstead Recreation Center Renovation & Addition | HCM Architects 9 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Providing Service and Accomplishing Tasks HCM’s Approach to Providing Service: The key to our service is direct and continuous involvement of a HCM’s partners in all aspects of a project. This optimizes the collective knowledge base, technical expertise, creative design abilities and project management skills from one of our firm’s partners, and the commitment we provide to the Owner to lead your project from start to finish. This approach has provided us with a unique and highly regarded reputation within the community of municipalities, building owners, consultants and contractors. We take pride in the way our Team documents information; from Project Programming to Meeting Minutes to Final Presentation Documents to thorough budget developments sets and DD / CD efforts. They all must be clear and complete. Ultimately our approach is simple, but increasingly rare. First, we must listen. This is the only way we can understand the issues at hand. Then we must begin to solve the problem in tandem with the City of Hugo and WSB. We feel that the best and most successful designs are a product of collaboration not strictly inspiration. Accomplishing Tasks: HCM takes great pride in our reputation of meeting schedules / deadlines and doing so with complete and thorough documentation. We do not miss agreed upon deadlines. We accomplish this in several ways; first is the above stated, direct leadership by firm principals, second is that we demand this same approach from our consultant teams and third, but possibly most important, is clear communication with our clients. Communication is critical. With communication, we strive to practice one of our firm tag lines – “First, we must listen.” Every City is different, and while we bring valuable knowledge and experience in the building type and tasks requested in the RFP, we still need to get to understand the needs of the City of Hugo. We need to understand goals, inspirations, constraints and respect the studies and information gathered before our involvement. The current business environment has worsened a trend in our industry of substandard or incomplete documentation. A thorough design development package is a critical step towards a successful overall project and will give the City a clear direction towards seeing this pavilion all the way through. Our team is up for this task and is excited for the opportunity. We appreciate the clear expectation of meetings, services and engagement outlined in the RFP and feel that it is in line with our opinion of what is needed to deliver the Design Development Package and Budget / Cost Estimate. No firm has designed and executed more community buildings of this size in our area. HCM will provide services backed up by experience partners, a diverse portfolio of building styles and the knowledge to quickly understand the existing body of work on this park and ask the right questions to kick off the programming efforts. These efforts are critical to correctly sizing and laying out the functional relationships of the building and its relationship to the flow of the Master Plan that WSB has created with you. We often implement the use of image boards from other projects to quickly identify architectural style and aesthetics with the City’s Steering Committee and WSB. HCM will provide 3D images to support our concept design and supplement the image / understanding for the City Team’s evaluation. As we generate two design approaches with you we will continue to vet the programming and build on the initial brainstorming meeting with the Steering Committee. Anoka County - Lake George Park Beach Facilites| HCM Architects 10 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Project Work Plan Our Design Team has identified below the major tasks and project design phases that need to be implemented and completed for the Lions Park Multi-purpose pavilion. We understand that the final process and schedule will be determined once a Design Team is under contract. Task 1 – Data Collection, Site Visits and Assessments 2 weeks This task grouping will involve the project kick-off, setting of goals and objectives, reviewing existing site design/ masterplan. This work will provide the Design Team a solid basis of information for the Project. Work scope to include: - Kick-off meeting to establish process, schedule, goals & objectives -Review of Master Plan & associated studies and reports -Project site visit with WSB and City of Hugo -Steering Committee Meeting #1 -Identify Project stakeholders - Identify existing land use surrounding the site The Master Plan and all previously prepared reports, plans, studies, and other documents having a bearing on the project area will be assembled and reviewed. Relevant neighborhood, city, and county documents will be identified and incorporated into the existing conditions. -Deliverables: Initial programming, meeting minutes and stakeholder information Task 2 – Space Programming & Conceptual Design 2 weeks This task includes the development of a Space Program and associated square footages and adjacencies based on the Steering Committee, WSB, and Stakeholder committee input. A Space Program document will be developed that will become the basis for the design of the facility. A Conceptual Design will be developed based on the Space Program, discussion of building "style" and Park orientation & flow. Work scope to include: -Meetings with stakeholders, WSB & Steering Committee -Preparation of Space Program -Develop a Conceptual Design -Document all meetings -Deliverables: Includes Space Program, Conceptual Design and minutes from meetings. City Review Meeting: HCM will facilitate a virtual meeting, coordinated with City & WSB, to review updated concepts at the completion of Task 2. All modifications will be made and submitted for approval prior to starting Task 3. Ramsey County - Keller Regional Park Shelters | HCM Architects 11 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Task 3 – Site Planning, Schematic Design & Schematic Cost Estimating 5 weeks This grouping of tasks includes the development and refinement of schematic building design options, review meetings with the Project Team and a Cost Estimate based on the approved Conceptual Design Package. Work scope to include: -Meetings with Project Team to review design options -Meet with Steering Committee to review comments from City Review #1 and present current development of schematic design for comments -Development of a Schematic Design Package that includes: -Final Space Program -Building Plans -Building Elevations -Building 3-D Model & Renderings -Preparation of a Preliminary Cost Estimate & Related Options -Document all meetings -Deliverables: Includes Schematic Design Package & Schematic Cost Estimate and minutes from meetings City Review Meeting: HCM will facilitate a virtual meeting, coordinated with City & WSB, to review updated concepts at the completion of Task 3. All modifications will be made and submitted for approval prior to starting Task 4. -Note: We have taken the liberty of suggesting a Schematic Design/ 50% DD Review to allow time and input in the suggested Schedule provided. Task 4 – Design Development 6 weeks This task includes the refinement and further development of the design in the architectural, structural, mechanical & electrical aspects. During this Phase, the Design Team will meet with the Project Team to review all aspects of the proposed materials, systems, equipment and coordination. The Team will work with the Steering Committee & WSB to develop a detailed Design Development Package & Cost Estimate. Work scope to include: -Develop the building design. - Prepare a Design Development Package including all drawings (plans, sections, elevations). - Lock in the building plans and exterior forms, materials and finishes. - Refine structural, mechanical and electrical systems design in narrative form. - Ongoing review of all options of project design/cost objectives with the Steering Committee & WSB. -Architectural Narrative -Structural Plans & Narrative -M & E Scope Narrative -Deliverables: Includes Design Development Design Package & DD Project Cost Estimate and minutes from meetings Task 5 - Presentation 2 weeks This task includes presentation(s) of the Design Development Report to the Park Commissions Committee and the City of Hugo City Council for review and comments. -Deliverables: Includes preparation of all presentation materials Task 6 - Wrap Up 1 week Our team will wrap up final deliverables, including any input from Task 5, and turn over to WSB & the Steering Committee 12 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Scope of Work | Project Timeline Start Date Schedule Item - 2020 - Week of Oct. 5 Task 1: Organize project kickoff & programming meetings Week of Oct. 12 Task 1: Project site visit, Data collection Week of Oct. 19 Task 2: Steering Committee Meeting #1 – Ideation & Brainstorming / Programming Week of Oct. 25 Task 2: Conceptual Schematic Design / Space Programming Week of Nov. 2 City Review Meeting #1: Review Items from Task 1 & 2, Begin Task 3 Week of Nov. 9 Task 3: Schematic Design development Week of Nov. 16 Task 3: Steering Committee Meeting #2 – Conceptual Design Review Week of Nov. 23 Task 3: Schematic Design development – Exterior focus Week of Nov. 30 Task 3: Schematic Design development - Interior focus Week of Dec. 7 City Review Meeting #2: Review Items from Task 3, Begin Task 4 Week of Dec. 14 Task 4: Steering Committee Meeting #3 – Preferred Design Development Weeks of Dec. 21 & 28 Task 4: Review meeting and catch up before end of year - 2021 - Weeks of Jan. 4 and 11 Task 4: DD Package Development Week of Jan. 20 Final plan presentation and recommendation to Parks Commissions Committee & City of Hugo City council: Task 5 Week of Feb 1. Wrap Up & Document - Turn over if needed after City Council Meeting : Task 6 Ramsey County - Tony Schmidt County Park Facilities| HCM Architects 13 City of Hugo| Architectural & Design Services Lions Park Multi-Purpose Pavilion Fee Range Our proposed professional service fees are as follows. This proposal is valid for 90 days from September 21st, 2020 Fee By Phase Meetings $ 4320 Architectural Documentation $ 13500 MEP DD Narrative $ 1500 Structural DD Narrative $ 500 Reimbursable Expenses $ 1080 Total $ 20,900 -Schedule of Billing Rates: 2020 (per above statement these rates will be held for 90 days and if accepted will be fixed for the duration of the project.) -• Please note that HCM Architects does not mark up Consultant Fees or Reimbursable expenses. They are all invoiced to owner at 1.0x cost. Minnesota State Zoo Kalahari Building Renovation| HCM Architects C:\Users\michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\PD3H9O9W\LTR - Reduce Speed Limit.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM September 30, 2020 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo MN, 55038 Re: 2020 Goodview Avenue Improvements Project Speed Limit Reduction – Goodview Avenue WSB Project No. 014873-000 Dear Mayor and Council: In May 2019, Minnesota State Legislature passed a bill granting cities the authority to set speed limits under their jurisdiction. This statute went into effect August 1, 2019. The purpose of this memo is to provide the City Council with background information on the speed limit rules and to provide information on what next steps they would need to follow to implement new speed limits on local streets in the City of Hugo. Following the 2019 legislation change a local road authority may reduce the speed limit on streets under their jurisdiction with an engineering investigation for the following conditions (County and state roads are not included in this authority): To 25 mph. on a “residential roadway”, which is a street that has a total length of up to a half-mile and is not a collector or arterial road in an area zoned exclusively for housing. To 35 mph. in a “rural residential district,” which is a street segment with residential houses spaced less than 300 feet apart for at least a quarter mile. The current City of Hugo policy addressing speed limit related concerns is based upon guidelines from Minnesota Statutes, Minnesota Department of Transportation (MnDOT) policies, Minnesota Manual on Uniform Traffic Control Devices (MnMUTCD), and engineering judgement. Goodview Avenue (south of County Road 8) is currently posted as a 50 MPH roadway. Improvements completed along the roadway with the 2020 Goodview Avenue Street Improvement project included widening the road from a 24-foot width to a 26-foot width. To accommodate MnDOT’s policy for a state aid roadway with a design speed of 50 MPH or higher, the wider roadway allows for two 11-foot driving lanes and two 2-foot paved shoulders. Should the City Council determine that they would be in favor of reducing speed limit on Goodview Avenue to 40 MPH (consistent with Goodview Avenue north of County Road 8), the driving lane could be reduced to 10 feet, allowing an additional foot of paved shoulder on both sides of the roadway. The wider shoulder would provide a safer route for pedestrians and bicyclists, which was a large concern for residents participating in the public hearings for this project. A speed limit adopted as 40 MPH in a rural residential district is not effective unless the road authority has erected signs designating the speed limit and indicating the beginning and end of the rural residential district for the roadway on which the speed limit applies. The action necessary to lower the speed limit would be to adopt the attached resolution lowering the speed limit along Goodview Avenue from approximately ¼ of a mile south of 125th Street to Egg Lake Road / 137th Street/County Road 8 and install new speed limit signage. Honorable Mayor and City Council September 30, 2020 Page 2 C:\Users\michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\PD3H9O 9W\LTR - Reduce Speed Limit.docx We look forward to discussing this topic with you and to gather some information regarding pursuing or not pursuing the reduced Goodview Avenue speed limit. Should the City Council determine they would be in favor in reducing speed limits along their local roadways outside of what is proposed along Goodview Avenue, more guidance will be provided by MnDOT and the City Engineers Association of Minnesota in December of 2020 for City consideration. If you have any questions or items you wish to discuss, you can contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE City Engineer Attachment cc: Bryan Bear, City Administrator, City of Hugo Scott Anderson, Public Works Director, City of Hugo Liz Finnegan, Senior Engineering Technician, City of Hugo RESOLUTION NO. 2020 - RESOLUTION REDUCING SPEED LIMIT ALONG GOODVIEW AVENUE FROM THE ¼ Mile SOUTH OF 125TH STREET TO EGG LAKE ROAD WHEREAS, the City Council of Hugo has planned improvements along Goodview Avenue from ¼ mile south of 125th Street to Egg Lake Road; and WHEREAS, the City of Hugo has awarded the contract and completed the majority of the improvements for the 2020 Goodview Avenue Street Improvements; and WHEREAS, the City of Hugo will be expending Municipal State Aid funds provided by the Minnesota Department of Transportation (MnDOT) on improvements along Goodview Avenue; and WHEREAS, the improvements along Goodview Avenue from the southern city border to Egg Lake Road (137th Street/County Road 8A) allow for two 11-foot driving lanes and two 2-foot paved shoulders as approved by MnDOT for the construction of a 50 MPH Municipal State Aid Street; and WHEREAS, Goodview Avenue currently meets the Minnesota State Statute for a “rural residential district” allowing the local road authority to reduce the speed limit along Goodview Avenue 40 MPH; and WHEREAS, reducing the speed limit along Goodview Avenue from ¼ mile south of 125th Street to Egg Lake Road to 40 MPH would allow for two 10-foot driving lanes and two 3-foot paved shoulders, providing a safer route for pedestrians and bicyclists. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Hugo, Minnesota, as follows: 1. The City of Hugo shall adopt a 40 MPH speed limit along Goodview Avenue from the ¼ mile south of 125th Street to Egg Lake Road. Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 5th day of October, 2020. ________________________________ Tom Weidt, Mayor ATTEST: _____________________________________ Michele Lindau, City Clerk 110/1/2020 2:17 PMHugo City CouncilSu Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31October 2020Su Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2020October 2020Sep 27282930Oct 1238:00am Clean up Day (Public Works)456789107:00pm Council Meets3:00pm Park in AdelaideLanding Grand Opening - Hugo City Council6:30pm BOZA7:00pm Planning Comm111213141516177:00pm Lions Park Community Workshop - Hugo City Council181920212223247:00pm Council Meets5:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm6:30pm BOZA7:00pm Planning Comm252627282930315:00pm Burger Night (Legion)Halloween (United States)SUNDAY MONDAY TUESDAY WEDNESDAYTHURSDAY FRIDAY SATURDAY 210/1/2020 2:17 PMHugo City CouncilSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30November 2020Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31December 2020November 2020Nov 12345677:00pm Council MeetsElection Day (United States)891011121314Veteran's Day (United States)6:30pm BOZA7:00pm Planning Comm151617181920217:00pm Council Meets5:00pm EDA6:30pm Hist. Comm.7:00pm Parks Comm222324252627285:00pm Burger Night (Legion)Thanksgiving Day (United States)6:30pm BOZA7:00pm Planning CommDay After Thanksgiving Day (United States)2930Dec 12345SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY The following items were distributed at the meeting. Grace Axelson 14602 Finale Street N. #327 Hugo MN 55038 RE: Goodview Ave Project Landowner Appeal Dear Mr. Mayor and City Council members, I am writing to appeal the Goodview Avenue project assessment amount on our family property located at 12317 Goodview Avenue N. Compared to the rest of the independent dwellings that reside on Goodview, I feel the assessment on our property is unreasonable and in excess. Our residence is being unfairly assessed in a “future state” of 5.5 residences. Therefore, I am requesting that you reconsider the assessment on this property and lower it based on the three arguments below. Shooting Range protection act Fifteen years ago, the Minnesota legislature enacted the shooting range protection act. Thus requiring landowners around shooting ranges not be allowed to build or construct any type of structures around the 750-foot perimeter without making the gun club out of compliance with the rule. This makes the land I own only 45% buildable. As a property owner, this has undermined the ability to sell or develop as one normally would, taking a considerable discount in market value as to what other lots would sell for in the surrounding community. Therefore, we see the individual assessment of $18,700 (assessed as 5.5 units) not accurate as our marketable property is a lot less. This road (a main thorough way through the community) does not change any of the above and will not increase the market value of this property because of this acreage loss. Land is in one PID and should be assessed as one Contrary to the City’s resolution 2013-19 the landowner feels that the lot cannot be viewed in the same capacity as other properties “Units” on Goodview using the method of assessment model under this resolution. The “single owner” does not get 5.5 units more use out of the street than any other neighbor would by paying at 1 unit. The property is used in a farming operation and is in programs to fit that definition. This resolution is presumptuous and not based on the facts in this situation. Best use of the land Our family has owned this property since 1910. We have no intention of subdividing or selling in smaller units. Our desire is to support open green spaces and continue to be the owner of this property in the community. Goodview is an arterial road that feeds new building developments and supports all of Hugo. We have been told many times that people enjoy driving by our property and they hope it stays that way. To conclude, we believe you have the authority to offer some relief in the assessment that is realistic based on all the points above. Our property is carrying the weight of this assessment even though it will not increase the market value of our property because of the loss of the 750-foot perimeter. We have been good neighbors in the community and hope that you will take the time necessary to review and reassess our property to a more tolerable level. Sincerely, Grace Axelson | John Axelson POA 12831294v1 EXTRACT OF MINUTES OF A MEETING CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA HELD: OCTOBER 5, 2020 Pursuant to due call and notice thereof, a regular or special meeting of the City Council of the City of Hugo, Washington County, Minnesota, was duly held at the City Hall on October 5, 2020, at 7:00 P.M., for the purpose, in part, of authorizing the issuance and awarding the sale of $8,000,000 General Obligation Capital Improvement Plan Bonds, Series 2020A. The following members were present: and the following were absent: Member ________________ introduced the following resolution and moved its adoption: RESOLUTION NO. ___________ RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $8,000,000 GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BONDS, SERIES 2020A AND LEVYING A TAX FOR THE PAYMENT THEREOF A. WHEREAS, on July 6, 2020, the City Council of the City of Hugo, Minnesota (the "City"), held a public hearing on the proposed issuance of general obligation capital improvement plan bonds and, pursuant to resolution approved and adopted the 2020 through 2024 Five-Year Capital Improvement Plan (the "Plan"), and approved the issuance of general obligation capital improvement plan bonds to finance a portion of the costs associated with the construction of a new public works facility on city owned property at Irish Avenue Park (the "Project"), all pursuant to the Plan and in accordance with the provisions of Minnesota Statutes, Section 475.521; and B. WHEREAS, no petition signed by voters equal to five percent of the votes cast in the City in the last general election requesting a vote on the issuance of the general obligation capital improvement plan bonds has been filed with the Administrator within thirty days after the public hearing on the Plan and on the issuance of the general obligation capital improvement plan bonds; and C. WHEREAS, the City Council hereby determines and declares that it is necessary and expedient to issue $8,000,000 General Obligation Capital Improvement Plan Bonds, Series 2020A (the "Bonds" or, individually, a "Bond"), pursuant to Minnesota Statutes, Section 475.521 and Chapter 475, to provide funds to finance the Project; and D. WHEREAS, other than the Bonds, the City no there are no other bonds issued by the City under Minnesota Statutes, Section 475.521; and E. WHEREAS, the City has heretofore determined, in accordance with Minnesota Statutes, Section 475.521, Subd. 4, that the maximum principal and interest to become due in any 12831294v1 2 year on the Bonds issued by the City under Minnesota Statutes, Section 475.521, will be less than 0.16 percent of the estimated market value of property in the City; and F. the City has retained Baker Tilly Municipal Advisors, LLC, in St. Paul, Minnesota ("Baker Tilly MA"), as its independent municipal advisor for the sale of the Bonds and was therefore authorized to sell the Bonds by private negotiation in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9) and proposals to purchase the Bonds have been solicited by Baker Tilly MA; and G. WHEREAS, the proposals set forth on Exhibit A attached hereto were received by the Administrator, or designee, at the offices of Baker Tilly MA at 10:00 A.M. this same day pursuant to the Terms of Proposal established for the Bonds; and H. WHEREAS, it is in the best interests of the City that the Bonds be issued in book- entry form as hereinafter provided; and NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Hugo, Minnesota, as follows: 1. Acceptance of Proposal. The proposal of Robert W. Baird & Co., Incorporated, in Milwaukee, Wisconsin (the "Purchaser"), to purchase the Bonds, in accordance with the Preliminary Official Statement established for the Bonds, at the rates of interest hereinafter set forth, and to pay therefor the sum of $8,420,895.48, plus interest accrued to settlement, is hereby found, determined and declared to be the most favorable proposal received, is hereby accepted and the Bonds are hereby awarded to the Purchaser. The Finance Director is directed to retain the deposit of the Purchaser and to forthwith return to the unsuccessful bidders their good faith checks or drafts. 2. Bond Terms. (a) Original Issue Date; Denominations; Maturities; Term Bond Option; Debt Limitations. The Bonds shall be dated November 5, 2020, as the date of original issue, be issued forthwith on or after such date in fully registered form, be numbered from R-1 upward in the denomination of $5,000 each or in any integral multiple thereof of a single maturity (the "Authorized Denominations"), and shall mature on February 1 in the years and amounts as follows: Year Amount Year Amount 2022 $155,000 2032 $325,000 2023 $225,000 2033 $330,000 2024 $235,000 2034 $330,000 2025 $245,000 2035 $335,000 2026 $260,000 2036 $340,000 2027 $270,000 2037 $345,000 2028 $285,000 2038 $350,000 2029 $295,000 2039 $355,000 2030 $310,000 2040 $365,000 2031 $320,000 2046 $2,325,000 * Term Bonds. 12831294v1 3 As may be requested by the Purchaser, one or more term Bonds may be issued having mandatory sinking fund redemption and final maturity amounts conforming to the foregoing principal repayment schedule, and corresponding additions may be made to the provisions of the applicable Bond(s). The Bonds, together with any outstanding bonds of the City that are subject to the City's net debt limit, do not exceed the City's net debt limit. (b) Book Entry Only System. The Depository Trust Company, a limited purpose trust company organized under the laws of the State of New York or any of its successors or its successors to its functions hereunder (the "Depository") will act as securities depository for the Bonds, and to this end: (i) The Bonds shall be initially issued and, so long as they remain in book entry form only (the "Book Entry Only Period"), shall at all times be in the form of a separate single fully registered Bond for each maturity of the Bonds; and for purposes of complying with this requirement under paragraphs 5 and 10 Authorized Denominations for any Bond shall be deemed to be limited during the Book Entry Only Period to the outstanding principal amount of that Bond. (ii) Upon initial issuance, ownership of the Bonds shall be registered in a bond register maintained by the Bond Registrar (as hereinafter defined) in the name of CEDE & CO., as the nominee (it or any nominee of the existing or a successor Depository, the "Nominee"). (iii) With respect to the Bonds neither the City nor the Bond Registrar shall have any responsibility or obligation to any broker, dealer, bank, or any other financial institution for which the Depository holds Bonds as securities depository (the "Participant") or the person for which a Participant holds an interest in the Bonds shown on the books and records of the Participant (the "Beneficial Owner"). Without limiting the immediately preceding sentence, neither the City, nor the Bond Registrar, shall have any such responsibility or obligation with respect to (A) the accuracy of the records of the Depository, the Nominee or any Participant with respect to any ownership interest in the Bonds, or (B) the delivery to any Participant, any Owner or any other person, other than the Depository, of any notice with respect to the Bonds, including any notice of redemption, or (C) the payment to any Participant, any Beneficial Owner or any other person, other than the Depository, of any amount with respect to the principal of or premium, if any, or interest on the Bonds, or (D) the consent given or other action taken by the Depository as the Registered Holder of any Bonds (the "Holder"). For purposes of securing the vote or consent of any Holder under this Resolution, the City may, however, rely upon an omnibus proxy under which the Depository assigns its consenting or voting rights to certain Participants to whose accounts the Bonds are credited on the record date identified in a listing attached to the omnibus proxy. (iv) The City and the Bond Registrar may treat as and deem the Depository to be the absolute owner of the Bonds for the purpose of payment of the principal of and premium, if any, and interest on the Bonds, for the purpose of giving notices of 12831294v1 4 redemption and other matters with respect to the Bonds, for the purpose of obtaining any consent or other action to be taken by Holders for the purpose of registering transfers with respect to such Bonds, and for all purpose whatsoever. The Bond Registrar, as paying agent hereunder, shall pay all principal of and premium, if any, and interest on the Bonds only to the Holder or the Holders of the Bonds as shown on the bond register, and all such payments shall be valid and effective to fully satisfy and discharge the City's obligations with respect to the principal of and premium, if any, and interest on the Bonds to the extent of the sum or sums so paid. (v) Upon delivery by the Depository to the Bond Registrar of written notice to the effect that the Depository has determined to substitute a new Nominee in place of the existing Nominee, and subject to the transfer provisions in paragraph 10, references to the Nominee hereunder shall refer to such new Nominee. (vi) So long as any Bond is registered in the name of a Nominee, all payments with respect to the principal of and premium, if any, and interest on such Bond and all notices with respect to such Bond shall be made and given, respectively, by the Bond Registrar or City, as the case may be, to the Depository as provided in the Letter of Representations to the Depository required by the Depository as a condition to its acting as book-entry Depository for the Bonds (said Letter of Representations, together with any replacement thereof or amendment or substitute thereto, including any standard procedures or policies referenced therein or applicable thereto respecting the procedures and other matters relating to the Depository's role as book-entry Depository for the Bonds, collectively hereinafter referred to as the "Letter of Representations"). (vii) All transfers of beneficial ownership interests in each Bond issued in book-entry form shall be limited in principal amount to Authorized Denominations and shall be effected by procedures by the Depository with the Participants for recording and transferring the ownership of beneficial interests in such Bonds. (viii) In connection with any notice or other communication to be provided to the Holders pursuant to this Resolution by the City or Bond Registrar with respect to any consent or other action to be taken by Holders, the Depository shall consider the date of receipt of notice requesting such consent or other action as the record date for such consent or other action; provided, that the City or the Bond Registrar may establish a special record date for such consent or other action. The City or the Bond Registrar shall, to the extent possible, give the Depository notice of such special record date not less than 15 calendar days in advance of such special record date to the extent possible. (ix) Any successor Bond Registrar in its written acceptance of its duties under this Resolution and any paying agency/bond registrar agreement, shall agree to take any actions necessary from time to time to comply with the requirements of the Letter of Representations. (c) Termination of Book-Entry Only System. Discontinuance of a particular Depository's services and termination of the book-entry only system may be effected as follows: 12831294v1 5 (i) The Depository may determine to discontinue providing its services with respect to the Bonds at any time by giving written notice to the City and discharging its responsibilities with respect thereto under applicable law. The City may terminate the services of the Depository with respect to the Bond if it determines that the Depository is no longer able to carry out its functions as securities depository or the continuation of the system of book-entry transfers through the Depository is not in the best interests of the City or the Beneficial Owners. (ii) Upon termination of the services of the Depository as provided in the preceding paragraph, and if no substitute securities depository is willing to undertake the functions of the Depository hereunder can be found which, in the opinion of the City, is willing and able to assume such functions upon reasonable or customary terms, or if the City determines that it is in the best interests of the City or the Beneficial Owners of the Bond that the Beneficial Owners be able to obtain certificates for the Bonds, the Bonds shall no longer be registered as being registered in the bond register in the name of the Nominee, but may be registered in whatever name or names the Holder of the Bonds shall designate at that time, in accordance with paragraph 10. To the extent that the Beneficial Owners are designated as the transferee by the Holders, in accordance with paragraph 10, the Bonds will be delivered to the Beneficial Owners. (iii) Nothing in this subparagraph (c) shall limit or restrict the provisions of paragraph 10. (d) Letter of Representations. The provisions in the Letter of Representations are incorporated herein by reference and made a part of the resolution, and if and to the extent any such provisions are inconsistent with the other provisions of this resolution, the provisions in the Letter of Representations shall control. 3. Purpose. The Bonds shall provide funds to finance the Project. The total cost of the Project, which shall include all costs enumerated in Minnesota Statutes, Section 475.65, is estimated to be at least equal to the amount of the Bonds. Work on the Project shall proceed with due diligence to completion. The City covenants that it shall do all things and perform all acts required of it to assure that work on the Project proceeds with due diligence to completion and that any and all permits and studies required under law for the Project are obtained. 4. Interest. The Bonds shall bear interest payable semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2021, calculated on the basis of a 360-day year of twelve 30-day months, at the respective rates per annum set forth opposite the maturity years as follows: Maturity Year Interest Rate Maturity Year Interest Rate 2022 5.00% 2032 1.10% 2023 5.00% 2033 1.20% 2024 5.00% 2034 1.30% 2025 5.00% 2035 1.40% 2026 5.00% 2036 1.50% 2027 5.00% 2047 1.55% 12831294v1 6 Maturity Year Interest Rate Maturity Year Interest Rate 2028 4.00% 2038 1.60% 2029 4.00% 2039 1.65% 2030 4.00% 2040 1.70% 2031 1.00% 2046 2.00% 5. Redemption. All Bonds maturing on February 1, 2031, and thereafter shall be subject to redemption and prepayment at the option of the City on February 1, 2030, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the City and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. To effect a partial redemption of Bonds having a common maturity date, the Registrar prior to giving notice of redemption shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers so assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of each Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Registrar (with, if the City or Registrar so requires, a written instrument of transfer in form satisfactory to the City and Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the City shall execute (if necessary) and the Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. 6. Bond Registrar. U.S. Bank National Association, in St. Paul, Minnesota, is appointed to act as bond registrar and transfer agent with respect to the Bonds (the "Bond Registrar"), and shall do so unless and until a successor Bond Registrar is duly appointed, all pursuant to any contract the City and Bond Registrar shall execute which is consistent herewith. The Bond Registrar shall also serve as paying agent unless and until a successor-paying agent is duly appointed. Principal and interest on the Bonds shall be paid to the registered holders (or record holders) of the Bonds in the manner set forth in the form of Bond and paragraph 12. 12831294v1 7 7. Form of Bond. The Bonds, together with the Bond Registrar's Certificate of Authentication, the form of Assignment and the registration information thereon, shall be in substantially the following form: 12831294v1 8 UNITED STATES OF AMERICA STATE OF MINNESOTA WASHINGTON COUNTY CITY OF HUGO R-__ $_________ GENERAL OBLIGATION CAPITAL IMPROVEMENT PLAN BOND, SERIES 2020A Interest Rate Maturity Date Date of Original Issue CUSIP ____% February 1, 20___ November 5, 2020 ___________ REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: _________________________________________ DOLLARS The City of Hugo, Washington County, Minnesota (the "Issuer"), certifies that it is indebted and for value received promises to pay to the registered owner specified above, or registered assigns, in the manner hereinafter set forth, the principal amount specified above, on the maturity date specified above, unless called for prepayment, and to pay interest thereon semiannually on February 1 and August 1 of each year (each, an "Interest Payment Date"), commencing August 1, 2021, at the rate per annum specified above (calculated on the basis of a 360-day year of twelve 30-day months) until the principal sum is paid or has been provided for. This Bond will bear interest from the most recent Interest Payment Date to which interest has been paid or, if no interest has been paid, from the date of original issue hereof. The principal of and premium, if any, on this Bond are payable upon presentation and surrender hereof at the principal office of U.S. Bank National Association, in St. Paul, Minnesota (the "Bond Registrar"), acting as paying agent, or any successor paying agent duly appointed by the Issuer. Interest on this Bond will be paid on each Interest Payment Date by check or draft mailed to the person in whose name this Bond is registered (the "Holder" or "Bondholder") on the registration books of the Issuer maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any interest not so timely paid shall cease to be payable to the person who is the Holder hereof as of the Regular Record Date, and shall be payable to the person who is the Holder hereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given to Bondholders not less than ten days prior to the Special Record Date. The principal of and premium, if any, and interest on this Bond are payable in lawful money of the United States of America. So long as this Bond is registered in the name of the Depository or its Nominee as provided in the Resolution hereinafter described, and as those terms are defined therein, payment of principal of, premium, if any, and interest on this Bond and notice with respect thereto shall be made as provided in the Letter of Representations, as defined in the Resolution. Until termination of the 12831294v1 9 book-entry only system pursuant to the Resolution, Bonds may only be registered in the name of the Depository or its Nominee. Optional Redemption. The Bonds of this issue (the "Bonds") maturing on February 1, 2031, and thereafter, are subject to redemption and prepayment at the option of the Issuer on February 1, 2030, and on any date thereafter at a price of par plus accrued interest. Redemption may be in whole or in part of the Bonds subject to prepayment. If redemption is in part, the maturities and the principal amounts within each maturity to be redeemed shall be determined by the Issuer; and if only part of the Bonds having a common maturity date are called for prepayment, the specific Bonds to be prepaid shall be chosen by lot by the Bond Registrar. Bonds or portions thereof called for redemption shall be due and payable on the redemption date, and interest thereon shall cease to accrue from and after the redemption date. Mailed notice of redemption shall be given to the paying agent and to each affected registered holder of the Bonds thirty (30) days prior to the date fixed for redemption. Prior to the date on which any Bond or Bonds are directed by the Issuer to be redeemed in advance of maturity, the Issuer will cause notice of the call thereof for redemption identifying the Bonds to be redeemed to be mailed to the Bond Registrar and all Bondholders, at the addresses shown on the Bond Register. All Bonds so called for redemption will cease to bear interest on the specified redemption date, provided funds for their redemption have been duly deposited. Selection of Bonds for Redemption; Partial Redemption. To effect a partial redemption of Bonds having a common maturity date, the Bond Registrar shall assign to each Bond having a common maturity date a distinctive number for each $5,000 of the principal amount of such Bond. The Bond Registrar shall then select by lot, using such method of selection as it shall deem proper in its discretion, from the numbers assigned to the Bonds, as many numbers as, at $5,000 for each number, shall equal the principal amount of the Bonds to be redeemed. The Bonds to be redeemed shall be the Bonds to which were assigned numbers so selected; provided, however, that only so much of the principal amount of such Bond of a denomination of more than $5,000 shall be redeemed as shall equal $5,000 for each number assigned to it and so selected. If a Bond is to be redeemed only in part, it shall be surrendered to the Bond Registrar (with, if the Issuer or Bond Registrar so requires, a written instrument of transfer in form satisfactory to the Issuer and Bond Registrar duly executed by the Holder thereof or the Holder's attorney duly authorized in writing) and the Issuer shall execute (if necessary) and the Bond Registrar shall authenticate and deliver to the Holder of the Bond, without service charge, a new Bond or Bonds having the same stated maturity and interest rate and of any Authorized Denomination or Denominations, as requested by the Holder, in aggregate principal amount equal to and in exchange for the unredeemed portion of the principal of the Bond so surrendered. Issuance; Purpose; General Obligation. This Bond is one of an issue in the total principal amount of $8,000,000, all of like date of original issue and tenor, except as to number, maturity, interest rate and denomination, issued pursuant to and in full conformity with the Constitution and laws of the State of Minnesota and pursuant to a resolution adopted by the City Council on October 5, 2020 (the "Resolution"), to finance a portion of the costs associated with the construction of a new public works facility on city owned property at Irish Avenue Park , as provided in the City's Capital Improvement Plan. This Bond is payable out of the General 12831294v1 10 Obligation Capital Improvement Plan Bonds, Series 2020A Fund of the Issuer. This Bond constitutes a general obligation of the Issuer, and to provide moneys for the prompt and full payment of its principal, premium, if any, and interest when the same become due, the full faith and credit and taxing powers of the Issuer have been and are hereby irrevocably pledged. Denominations; Exchange; Resolution. The Bonds are issuable solely in fully registered form in Authorized Denominations (as defined in the Resolution) and are exchangeable for fully registered Bonds of other Authorized Denominations in equal aggregate principal amounts at the principal office of the Bond Registrar, but only in the manner and subject to the limitations provided in the Resolution. Reference is hereby made to the Resolution for a description of the rights and duties of the Bond Registrar. Copies of the Resolution are on file in the principal office of the Bond Registrar. Transfer. This Bond is transferable by the Holder in person or by the Holder's attorney duly authorized in writing at the principal office of the Bond Registrar upon presentation and surrender hereof to the Bond Registrar, all subject to the terms and conditions provided in the Resolution and to reasonable regulations of the Issuer contained in any agreement with the Bond Registrar. Thereupon the Issuer shall execute and the Bond Registrar shall authenticate and deliver, in exchange for this Bond, one or more new fully registered Bonds in the name of the transferee (but not registered in blank or to "bearer" or similar designation), of an Authorized Denomination or Denominations, in aggregate principal amount equal to the principal amount of this Bond, of the same maturity and bearing interest at the same rate. Fees upon Transfer or Loss. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of this Bond and any legal or unusual costs regarding transfers and lost Bonds. Treatment of Registered Owners. The Issuer and Bond Registrar may treat the person in whose name this Bond is registered as the owner hereof for the purpose of receiving payment as herein provided (except as otherwise provided herein with respect to the Record Date) and for all other purposes, whether or not this Bond shall be overdue, and neither the Issuer nor the Bond Registrar shall be affected by notice to the contrary. Authentication. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security unless the Certificate of Authentication hereon shall have been executed by the Bond Registrar. Qualified Tax-Exempt Obligation. This Bond has been designated by the Issuer as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Internal Revenue Code of 1986, as amended. 12831294v1 11 IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to happen and to be performed, precedent to and in the issuance of this Bond, have been done, have happened and have been performed, in regular and due form, time and manner as required by law, and that this Bond, together with all other debts of the Issuer outstanding on the date of original issue hereof and the date of its issuance and delivery to the original purchaser, does not exceed any constitutional or statutory limitation of indebtedness. IN WITNESS WHEREOF, the City of Hugo, Washington County, Minnesota, by its City Council has caused this Bond to be executed on its behalf by the facsimile signatures of its Mayor and its Administrator, the corporate seal of the Issuer having been intentionally omitted as permitted by law. Date of Registration: ________________________ BOND REGISTRAR'S CERTIFICATE OF AUTHENTICATION This Bond is one of the Bonds described in the Resolution mentioned within. U.S. BANK NATIONAL ASSOCIATION St. Paul, Minnesota, Bond Registrar By____________________ Authorized Signature Registrable by: U.S. BANK NATIONAL ASSOCIATION Payable at: U.S. BANK NATIONAL ASSOCIATION CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA /s/ Facsimile Mayor /s/ Facsimile Administrator 12831294v1 12 ABBREVIATIONS The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to applicable laws or regulations: TEN COM - as tenants in common TEN ENT - as tenants by the entireties JT TEN - as joint tenants with right of survivorship and not as tenants in common UTMA - _________________ as custodian for ________________________ (Cust) (Minor) under the _______________________________ Uniform Transfers to Minors Act (State) Additional abbreviations may also be used though not in the above list. ASSIGNMENT For value received, the undersigned hereby sells, assigns and transfers unto ______________________________________________________ the within Bond and does hereby irrevocably constitute and appoint _________________ attorney to transfer the Bond on the books kept for the registration thereof, with full power of substitution in the premises. Dated:_____________ _______________________________________ Notice: The assignor's signature to this assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration or any change whatever. Signature Guaranteed: ___________________________ Signature(s) must be guaranteed by a national bank or trust company or by a brokerage firm having a membership in one of the major stock exchanges or any other "Eligible Guarantor Institution" as defined in 17 CFR 240.17 Ad-15(a)(2). The Bond Registrar will not effect transfer of this Bond unless the information concerning the transferee requested below is provided. Name and Address: ________________________________________ ________________________________________ ________________________________________ (Include information for all joint owners if the Bond is held by joint account.) 12831294v1 13 8. Execution. The Bonds shall be in typewritten form, shall be executed on behalf of the City by the signatures of its Mayor and Administrator and be sealed with the seal of the City; provided, as permitted by law, both signatures may be photocopied facsimiles and the corporate seal has been omitted. In the event of disability or resignation or other absence of either officer, the Bonds may be signed by the manual or facsimile signature of the officer who may act on behalf of the absent or disabled officer. In case either officer whose signature or facsimile of whose signature shall appear on the Bonds shall cease to be such officer before the delivery of the Bonds, the signature or facsimile shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. 9. Authentication. No Bond shall be valid or obligatory for any purpose or be entitled to any security or benefit under this resolution unless a Certificate of Authentication on the Bond, substantially in the form hereinabove set forth, shall have been duly executed by an authorized representative of the Bond Registrar. Certificates of Authentication on different Bonds need not be signed by the same person. The Bond Registrar shall authenticate the signatures of officers of the City on each Bond by execution of the Certificate of Authentication on the Bond and, by inserting as the date of registration in the space provided, the date on which the Bond is authenticated, except that for purposes of delivering the original Bonds to the Purchaser, the Bond Registrar shall insert as a date of registration the date of original issue of November 5, 2020. The Certificate of Authentication so executed on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. 10. Registration; Transfer; Exchange. The City will cause to be kept at the principal office of the Bond Registrar a bond register in which, subject to such reasonable regulations as the Bond Registrar may prescribe, the Bond Registrar shall provide for the registration of Bonds and the registration of transfers of Bonds entitled to be registered or transferred as herein provided. Upon surrender for transfer of any Bond at the principal office of the Bond Registrar, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration (as provided in paragraph 9) of, and deliver, in the name of the designated transferee or transferees, one or more new Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount, having the same stated maturity and interest rate, as requested by the transferor; provided, however, that no Bond may be registered in blank or in the name of "bearer" or similar designation. At the option of the Holder, Bonds may be exchanged for Bonds of any Authorized Denomination or Denominations of a like aggregate principal amount and stated maturity, upon surrender of the Bonds to be exchanged at the principal office of the Bond Registrar. Whenever any Bonds are so surrendered for exchange, the City shall execute (if necessary), and the Bond Registrar shall authenticate, insert the date of registration of, and deliver the Bonds which the Holder making the exchange is entitled to receive. All Bonds surrendered upon any exchange or transfer provided for in this resolution shall be promptly canceled by the Bond Registrar and thereafter disposed of as directed by the City. 12831294v1 14 All Bonds delivered in exchange for or upon transfer of Bonds shall be valid general obligations of the City evidencing the same debt, and entitled to the same benefits under this resolution, as the Bonds surrendered for such exchange or transfer. Every Bond presented or surrendered for transfer or exchange shall be duly endorsed or be accompanied by a written instrument of transfer, in form satisfactory to the Bond Registrar, duly executed by the Holder thereof or the Holder's attorney duly authorized in writing. The Bond Registrar may require payment of a sum sufficient to cover any tax or other governmental charge payable in connection with the transfer or exchange of any Bond and any legal or unusual costs regarding transfers and lost Bonds. Transfers shall also be subject to reasonable regulations of the City contained in any agreement with the Bond Registrar, including regulations which permit the Bond Registrar to close its transfer books between record dates and payment dates. The Administrator is hereby authorized to negotiate and execute the terms of said agreement. 11. Rights Upon Transfer or Exchange. Each Bond delivered upon transfer of or in exchange for or in lieu of any other Bond shall carry all the rights to interest accrued and unpaid, and to accrue, which were carried by such other Bond. 12. Interest Payment; Record Date. Interest on any Bond shall be paid on each Interest Payment Date by check or draft mailed to the person in whose name the Bond is registered (the "Holder") on the registration books of the City maintained by the Bond Registrar and at the address appearing thereon at the close of business on the fifteenth day of the calendar month next preceding such Interest Payment Date (the "Regular Record Date"). Any such interest not so timely paid shall cease to be payable to the person who is the Holder thereof as of the Regular Record Date, and shall be payable to the person who is the Holder thereof at the close of business on a date (the "Special Record Date") fixed by the Bond Registrar whenever money becomes available for payment of the defaulted interest. Notice of the Special Record Date shall be given by the Bond Registrar to the Holders not less than ten days prior to the Special Record Date. 13. Treatment of Registered Owner. The City and Bond Registrar may treat the person in whose name any Bond is registered as the owner of the Bond for the purpose of receiving payment of principal of and premium, if any, and interest (subject to the payment provisions in paragraph 12) on, the Bond and for all other purposes whatsoever whether or not the Bond shall be overdue, and neither the City nor the Bond Registrar shall be affected by notice to the contrary. 14. Delivery; Application of Proceeds. The Bonds when so prepared and executed shall be delivered by the Finance Director to the Purchaser upon receipt of the purchase price, and the Purchaser shall not be obliged to see to the proper application thereof. 12831294v1 15 15. Fund and Accounts. There is hereby created a special fund to be designated the "General Obligation Capital Improvement Plan Bonds, Series 2020A Fund" (the "Fund") to be administered and maintained by the Finance Director as a bookkeeping account separate and apart from all other funds maintained in the official financial records of the City. The Fund shall be maintained in the manner herein specified until all of the Bonds and the interest thereon have been fully paid. There shall be maintained in the Fund the following separate accounts: (a) Construction Account. To the Construction Account there shall be credited the proceeds of the sale of the Bonds. From the Construction Account there shall be paid all costs of issuance of the Bonds and all costs and expenses of financing the Project, including the cost of any construction contracts heretofore let and all other costs incurred and to be incurred of the kind authorized in Minnesota Statutes, Section 475.65. Moneys in the Construction Account shall be used for no other purpose except as otherwise provided by law; provided that the proceeds of the Bonds may also be used to the extent necessary to pay interest on the Bonds due prior to the anticipated date of commencement of the collection of taxes herein levied or covenanted to be levied; and provided further that if upon completion of the Project there shall remain any unexpended balance in the Construction Account, the balance shall be transferred by the City Council to the Debt Service Account. (b) Debt Service Account. There are hereby irrevocably appropriated and pledged to, and there shall be credited to, the Debt Service Account: (i) all collections of taxes herein and hereafter levied for the payment of the Bonds; (ii) all funds remaining in the Construction Account after completion of the Project and payment of the costs thereof; (iii) all investment earnings on funds held in the Debt Service Account; and (iv) any and all other moneys which are properly available and are appropriated by the governing body of the City to the Debt Service Account. The Debt Service Account shall be used solely to pay the principal and interest of the Bonds and any other general obligation bonds of the City hereafter issued by the City and made payable from said account as provided by law. No portion of the proceeds of the Bonds shall be used directly or indirectly to acquire higher yielding investments or to replace funds which were used directly or indirectly to acquire higher yielding investments, except (1) for a reasonable temporary period until such proceeds are needed for the purpose for which the Bonds were issued and (2) in addition to the above in an amount not greater than the lesser of five percent of the proceeds of the Bonds or $100,000. To this effect, any proceeds of the Bonds and any sums from time to time held in the Construction Account or Debt Service Account (or any other City account which will be used to pay principal or interest to become due on the bonds payable therefrom) in excess of amounts which under then applicable federal arbitrage regulations may be invested without regard to yield shall not be invested at a yield in excess of the applicable yield restrictions imposed by said arbitrage regulations on such investments after taking into account any applicable "temporary periods" or "minor portion" made available under the federal arbitrage regulations. Money in the Fund shall not be invested in obligations or deposits issued by, guaranteed by or insured by the United States or any agency or instrumentality thereof if and to the extent that such investment would cause the Bonds to be "federally guaranteed" within the meaning of Section 149(b) of the Internal Revenue Code of 1986, as amended (the "Code"). 12831294v1 16 16. Tax Levy; Coverage Test. To provide moneys for payment of the principal and interest on the Bonds there is hereby levied upon all of the taxable property in the City a direct annual ad valorem tax which shall be spread upon the tax rolls and collected with and as part of other general property taxes in the City for the years and in the amounts as follows: Years of Tax Levy Years of Tax Collection Amount See Attached Schedule in Exhibit B The tax levies are such that if collected in full they, together with other revenues herein pledged for the payment of the Bonds, will produce at least five percent in excess of the amount needed to meet when due the principal and interest payments on the Bonds. The tax levies shall be irrepealable so long as any of the Bonds are outstanding and unpaid, provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61, Subdivision 3. 17. Defeasance. When all Bonds have been discharged as provided in this paragraph, all pledges, covenants and other rights granted by this resolution to the registered holders of the Bonds shall, to the extent permitted by law, cease. The City may discharge its obligations with respect to any Bonds which are due on any date by irrevocably depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full; or if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the Bond Registrar a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also discharge its obligations with respect to any prepayable Bonds called for redemption on any date when they are prepayable according to their terms, by depositing with the Bond Registrar on or before that date a sum sufficient for the payment thereof in full, provided that notice of redemption thereof has been duly given. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a suitable banking institution qualified by law as an escrow agent for this purpose, cash or securities described in Minnesota Statutes, Section 475.67, Subdivision 8, bearing interest payable at such times and at such rates and maturing on such dates as shall be required, without regard to sale and/or reinvestment, to pay all amounts to become due thereon to maturity or, if notice of redemption as herein required has been duly provided for, to such earlier redemption date. 18. Compliance With Reimbursement Bond Regulations. The provisions of this paragraph are intended to establish and provide for the City's compliance with United States Treasury Regulations Section 1.150-2 (the "Reimbursement Regulations") applicable to the "reimbursement proceeds" of the Bonds, being those portions thereof which will be used by the City to reimburse itself for any expenditure which the City paid or will have paid prior to the Closing Date (a "Reimbursement Expenditure"). The City hereby certifies and/or covenants as follows: (a) Not later than sixty days after the date of payment of a Reimbursement Expenditure, the City (or person designated to do so on behalf of the City) has made or will have made a written declaration of the City's official intent (a "Declaration") which effectively (i) 12831294v1 17 states the City's reasonable expectation to reimburse itself for the payment of the Reimbursement Expenditure out of the proceeds of a subsequent borrowing; (ii) gives a general and functional description of the property, project or program to which the Declaration relates and for which the Reimbursement Expenditure is paid, or identifies a specific fund or account of the City and the general functional purpose thereof from which the Reimbursement Expenditure was to be paid (collectively the "Project"); and (iii) states the maximum principal amount of debt expected to be issued by the City for the purpose of financing the Project; provided, however, that no such Declaration shall necessarily have been made with respect to: (i) "preliminary expenditures" for the Project, defined in the Reimbursement Regulations to include engineering or architectural, surveying and soil testing expenses and similar prefatory costs, which in the aggregate do not exceed twenty percent of the "issue price" of the Bonds, and (ii) a de minimis amount of Reimbursement Expenditures not in excess of the lesser of $100,000 or five percent of the proceeds of the Bonds. (b) Each Reimbursement Expenditure is a capital expenditure or a cost of issuance of the Bonds or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Reimbursement Regulations. (c) The "reimbursement allocation" described in the Reimbursement Regulations for each Reimbursement Expenditure shall and will be made forthwith following (but not prior to) the issuance of the Bonds and in all events within the period ending on the date which is the later of three years after payment of the Reimbursement Expenditure or one year after the date on which the Project to which the Reimbursement Expenditure relates is first placed in service. (d) Each such reimbursement allocation will be made in a writing that evidences the City's use of Bond proceeds to reimburse the Reimbursement Expenditure and, if made within 30 days after the Bonds are issued, shall be treated as made on the day the Bonds are issued. Provided, however, that the City may take action contrary to any of the foregoing covenants in this paragraph upon receipt of an opinion of its Bond Counsel for the Bonds stating in effect that such action will not impair the tax-exempt status of the Bonds. 19. General Obligation Pledge. For the prompt and full payment of the principal and interest on the Bonds, as the same respectively become due, the full faith, credit and taxing powers of the City shall be and are hereby irrevocably pledged. If the balance in the Debt Service Account is ever insufficient to pay all principal and interest then due on the Bonds and any other bonds payable therefrom, the deficiency shall be promptly paid out of any other funds of the City which are available for such purpose, and such other funds may be reimbursed with or without interest from the Debt Service Account when a sufficient balance is available therein. 20. Certificate of Registration. A certified copy of this resolution is hereby directed to be filed with the County Auditor of Washington County, Minnesota, together with such other information as the County Auditor shall require, and to obtain the County Auditor's Certificate that the Bonds have been entered in the County Auditor's Bond Register and that the tax levy required by law has been made. 21. Records and Certificates. The officers of the City are hereby authorized and directed to prepare and furnish to the Purchaser, and to the attorneys approving the legality of the 12831294v1 18 issuance of the Bonds, certified copies of all proceedings and records of the City relating to the Bonds and to the financial condition and affairs of the City, and such other affidavits, certificates and information as are required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 22. Continuing Disclosure. The City is the sole obligated person with respect to the Bonds. The City hereby agrees, in accordance with the provisions of Rule 15c2-12 (the "Rule"), promulgated by the Securities and Exchange Commission (the "Commission") pursuant to the Securities Exchange Act of 1934, as amended, and a Continuing Disclosure Undertaking (the "Undertaking") hereinafter described to: (a) Provide or cause to be provided to the Municipal Securities Rulemaking Board (the "MSRB") by filing at www.emma.msrb.org in accordance with the Rule, certain annual financial information and operating data in accordance with the Undertaking. The City reserves the right to modify from time to time the terms of the Undertaking as provided therein. (b) Provide or cause to be provided to the MSRB notice of the occurrence of certain events with respect to the Bonds in not more than ten (10) business days after the occurrence of the event, in accordance with the Undertaking. (c) Provide or cause to be provided to the MSRB notice of a failure by the City to provide the annual financial information with respect to the City described in the Undertaking, in not more than ten (10) business days following such occurrence. (d) The City agrees that its covenants pursuant to the Rule set forth in this paragraph and in the Undertaking is intended to be for the benefit of the Holders of the Bonds and shall be enforceable on behalf of such Holders; provided that the right to enforce the provisions of these covenants shall be limited to a right to obtain specific enforcement of the City's obligations under the covenants. The Mayor and Administrator of the City or any other officer of the City authorized to act in their place (the "Officers") are hereby authorized and directed to execute on behalf of the City the Undertaking in substantially the form presented to the City Council subject to such modifications thereof or additions thereto as are (i) consistent with the requirements under the Rule, (ii) required by the Purchaser of the Bonds, and (iii) acceptable to the Officers. 23. Negative Covenant as to Use of Bond Proceeds and Project. The City hereby covenants not to use the proceeds of the Bonds or to use the Project, or to cause or permit them to be used, or to enter into any deferred payment arrangements for the cost of the Project, in such a manner as to cause the Bonds to be "private activity bonds" within the meaning of Sections 103 and 141 through 150 of the Code. 24. Tax-Exempt Status of the Bonds; Rebate. The City shall comply with requirements necessary under the Code to establish and maintain the exclusion from gross income under Section 103 of the Code of the interest on the Bonds, including without limitation (i) requirements relating to temporary periods for investments, (ii) limitations on amounts 12831294v1 19 invested at a yield greater than the yield on the Bonds, and (iii) the rebate of excess investment earnings to the United States. The City expects to satisfy the 18-month expenditure exemption for gross proceeds of the Bonds as provided in Section 1.148-7(d) of the Regulations. The Mayor and/or the Administrator are hereby authorized and directed to make such elections as to arbitrage and rebate matters relating to the Bonds as they deem necessary, appropriate or desirable in connection with the Bonds, and all such elections shall be, and shall be deemed and treated as, elections of the City. 25. Designation of Qualified Tax-Exempt Obligations. In order to qualify the Bonds as "qualified tax-exempt obligations" within the meaning of Section 265(b)(3) of the Code, the City hereby makes the following factual statements and representation: (a) the Bonds are issued after August 7, 1986; (b) the Bonds are not "private activity bonds" as defined in Section 141 of the Code; (c) the City hereby designates the Bonds as "qualified tax-exempt obligations" for purposes of Section 265(b)(3) of the Code; (d) the reasonably anticipated amount of tax-exempt obligations (other than private activity bonds, treating qualified 501(c)(3) bonds as not being private activity bonds) which will be issued by the City (and all entities treated as one issuer with the City, and all subordinate entities whose obligations are treated as issued by the City) during this calendar year 2020 will not exceed $10,000,000; (e) not more than $10,000,000 of obligations issued by the City during this calendar year 2020 have been designated for purposes of Section 265(b)(3) of the Code; and (f) the aggregate face amount of the Bonds does not exceed $10,000,000. The City shall use its best efforts to comply with any federal procedural requirements which may apply in order to effectuate the designation made by this paragraph. 26. Severability. If any section, paragraph or provision of this resolution shall be held to be invalid or unenforceable for any reason, the invalidity or unenforceability of such section, paragraph or provision shall not affect any of the remaining provisions of this resolution. 27. Headings. Headings in this resolution are included for convenience of reference only and are not a part hereof, and shall not limit or define the meaning of any provision hereof. The motion for the adoption of the foregoing resolution was duly seconded by member _____________ and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: and the following voted against the same: Whereupon the resolution was declared duly passed and adopted. 12831294v1 20 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF HUGO I, the undersigned, the Clerk of the City of Hugo, Minnesota, do hereby certify that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council, duly called and held on the date therein indicated, insofar as such minutes relate to authorizing the issuance and awarding the sale of $8,000,000 General Obligation Capital Improvement Plan Bonds, Series 2020A. WITNESS my hand on October 5, 2020. ________________________________ Clerk 12831294v1 A-1 EXHIBIT A PROPOSALS 12831294v1 A-2 12831294v1 B-1 EXHIBIT B TAX LEVY SCHEDULE Payment Date Principal Coupon Interest Total P+I 105% Overlevy Levy Amount Levy/Collection Year 02/01/2022 155,000.00 5.000% 247,065.42 402,065.42 422,168.69 422,168.69 2020/2021 02/01/2023 225,000.00 5.000% 191,675.00 416,675.00 437,508.75 437,508.75 2021/2022 02/01/2024 235,000.00 5.000% 180,425.00 415,425.00 436,196.25 436,196.25 2022/2023 02/01/2025 245,000.00 5.000% 168,675.00 413,675.00 434,358.75 434,358.75 2023/2024 02/01/2026 260,000.00 5.000% 156,425.00 416,425.00 437,246.25 437,246.25 2024/2025 02/01/2027 270,000.00 5.000% 143,425.00 413,425.00 434,096.25 434,096.25 2025/2026 02/01/2028 285,000.00 4.000% 129,925.00 414,925.00 435,671.25 435,671.25 2026/2027 02/01/2029 295,000.00 4.000% 118,525.00 413,525.00 434,201.25 434,201.25 2027/2028 02/01/2030 310,000.00 4.000% 106,725.00 416,725.00 437,561.25 437,561.25 2028/2029 02/01/2031 320,000.00 1.000% 94,325.00 414,325.00 435,041.25 435,041.25 2029/2030 02/01/2032 325,000.00 1.100% 91,125.00 416,125.00 436,931.25 436,931.25 2030/2031 02/01/2033 330,000.00 1.200% 87,550.00 417,550.00 438,427.50 438,427.50 2031/2032 02/01/2034 330,000.00 1.300% 83,590.00 413,590.00 434,269.50 434,269.50 2032/2033 02/01/2035 335,000.00 1.400% 79,300.00 414,300.00 435,015.00 435,015.00 2033/2034 02/01/2036 340,000.00 1.500% 74,610.00 414,610.00 435,340.50 435,340.50 2034/2035 02/01/2037 345,000.00 1.550% 69,510.00 414,510.00 435,235.50 435,235.50 2035/2036 02/01/2038 350,000.00 1.600% 64,162.50 414,162.50 434,870.63 434,870.63 2036/2037 02/01/2039 355,000.00 1.650% 58,562.50 413,562.50 434,240.63 434,240.63 2037/2038 02/01/2040 365,000.00 1.700% 52,705.00 417,705.00 438,590.25 438,590.25 2038/2039 02/01/2041 370,000.00 2.000% 46,500.00 416,500.00 437,325.00 437,325.00 2039/2040 02/01/2042 375,000.00 2.000% 39,100.00 414,100.00 434,805.00 434,805.00 2040/2041 02/01/2043 385,000.00 2.000% 31,600.00 416,600.00 437,430.00 437,430.00 2041/2042 02/01/2044 390,000.00 2.000% 23,900.00 413,900.00 434,595.00 434,595.00 2042/2043 02/01/2045 400,000.00 2.000% 16,100.00 416,100.00 436,905.00 436,905.00 2043/2044 02/01/2046 405,000.00 2.000% 8,100.00 413,100.00 433,755.00 433,755.00 2044/2045 Total $8,000,000.00 - $2,363,605.42 $10,363,605.42 $10,881,785.69 $10,881,785.69 - 12831294v1 B-2 STATE OF MINNESOTA COUNTY AUDITOR'S CERTIFICATE COUNTY OF WASHINGTON AS TO TAX LEVY AND REGISTRATION I, the undersigned, being the duly qualified and acting County Auditor of Washington County, Minnesota, do hereby certify that on the date hereof, there was filed in my office a certified copy of a resolution adopted on October 5, 2020 by the City Council of the City of Hugo, Minnesota, authorizing the issuance of $8,000,000 General Obligation Capital Improvement Plan Bonds, Series 2020A (the "Bonds"), and levying a tax for the payment thereof, together with full information regarding the Bonds for which the tax was levied; and the Bonds have been entered in my Bond Register and the tax levy required by law has been made. WITNESS my hand and the seal of the County Auditor on __________________, 2020. ___________________________________ County Auditor (SEAL) * Subsequent to bid opening, the total issue size was not changed; however, certain individual maturity amounts have changed. As a result, the price, net interest cost, and true interest cost have changed to $8,420,895.48, $1,942,709.94, and 1.6323%, respectively. Baker Tilly Municipal Advisors, LLC is a registered municipal advisor and wholly-owned subsidiary of Baker Tilly US, LLP, an accounting firm. Baker Tilly US, LLP, trading as Baker Tilly, is a member of the global network of Baker Tilly International Ltd., the members of which are separate and independent legal entities. © 2020 Baker Tilly Municipal Advisors, LLC Page 1 | 2 $8,000,000* City of Hugo, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2020A S&P Rating: AA+ Sale Date: October 5, 2020 BBI: 2.22% Average Maturity: 14.273 Years Bidder TIC Robert W. Baird & Co., Incorporated 1.6273% FHN Financial Capital Markets 1.6999% Northland Securities, Inc. 1.7476% Piper Sandler & Co. 1.7570% Raymond James & Associates, Inc. 1.7883% Stifel, Nicolaus & Company, Incorporated 1.7974% Interest Reoffering Reoffering Winning Bidder Information Maturity Rate Yield Price ROBERT W. BAIRD & CO., 2/01/2022 5.00% 0.16% 105.987% INCORPORATED 2/01/2023 5.00% 0.17% 110.788% C.L. King & Associates, Inc. 2/01/2024 5.00% 0.20% 115.488% Colliers Securities LLC 2/01/2025 5.00% 0.25% 120.015% Edward Jones 2/01/2026 5.00% 0.35% 124.117% Loop Capital Markets, LLC 2/01/2027 5.00% 0.51% 127.536% Northland Securities, Inc. 2/01/2028 4.00% 0.65% 123.650% Duncan-Williams, Inc. 2/01/2029 4.00% 0.80% 125.464% Country Club Bank 2/01/2030 4.00% 0.90% 127.421% Crews & Associates, Inc. 2/01/2031 1.00% 1.00% 100.000% Sierra Pacific Securities, LLC 2/01/2032 1.10% 1.10% 100.000% Isaak Bond Investments 2/01/2033 1.20% 1.20% 100.000% Wintrust Investments, LLC 2/01/2034 1.30% 1.30% 100.000% SumRidge Partners, LLC 2/01/2035 1.40% 1.40% 100.000% RBC Capital Markets 2/01/2036 1.50% 1.50% 100.000% Midland Securities Limited 2/01/2037 1.55% 1.55% 100.000% FMS Bonds, Inc. 2/01/2038 1.60% 1.60% 100.000% Central States Capital Markets, LLC 2/01/2039 1.65% 1.65% 100.000% Multi-Bank Securities, Inc. 2/01/2040 1.70% 1.70% 100.000% First Southern Securities, LLC 2/01/2046 2.00% 2.00% 100.000% Commerce Bank Dinosaur Securities, LLC First Bankers’ Banc Securities Inc. Purchase Price: $8,438,599.05* Mountainside Securities LLC Net Interest Cost: $1,902,910.55* StoneX Financial Inc. TIC: 1.6273%* United Bankers' Bank UMB Bank, N.A. Page 2 | 2 City of Hugo, Minnesota General Obligation Capital Improvement Plan Bonds, Series 2020A (continued) Other Bidders and Syndicate Members FHN FINANCIAL CAPITAL MARKETS (No Syndicate Members) NORTHLAND SECURITIES, INC. D.A. Davidson & Co. PIPER SANDLER & CO. Cantor Fitzgerald & Co. RAYMOND JAMES & ASSOCIATES, INC. (No Syndicate Members) STIFEL, NICOLAUS & COMPANY, INCORPORATED (No Syndicate Members)