HomeMy WebLinkAbout2020.12.07 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: 861 2281 6733
Passcode: 153552
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. November 16, 2020 City Council Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Update on COVID-19 City Response
2. Hugo Diversity Strong Presentation
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Resolution Supporting Reduction in Carnelian-Marine-St. Croix Watershed
District Board of Managers
3. Approve Metro-INET Joint Powers Agreement
4. Approve Resolution Approving Refuse Haulers Licenses for 2021
5. Approve Resolution Approving Liquor and Tobacco Licenses for 2021
6. Approve Final Request to Dresel Contracting for 130th Street Improvement Project
7. Approve Final Request to Peterson Company for Waters Edge Water Reuse Phase 2
Project
8. Approve Payment Request No. 3 to Ebert Construction for Public Works Facility
9. Approve Reduction in Letter of Credit for Hugo Gardens
10. Approve Resolution Approving Interim Use Permit for Carson Schifsky – 5725
165th Street North
Agenda
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, DECEMBER 7, 2020 – 7 P.M.
H. AWARD OF BID
1. Nothing Scheduled
I. PUBLIC HEARING
1. 2021 City Budget and Tax Levy
J. UNFINISHED BUSINESS
1. Approve Goodview Avenue Trail Feasibility Study
K. NEW BUSINESS
1. Approve Purchase Agreement for City Owned Property
L. VISITOR PRESENTATIONS
1. Nothing Scheduled
M. COUNCIL PRESENTATIONS
1. Yellow Ribbon Network Update
N. ADMINISTRATIVE PRESENTATIONS
1. Approve Closing Hugo City Hall on Thursday, December 24, 2020
O. ADJOURNMENT
BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING
MONDAY, DECEMBER 7, 2020
D.1 Minutes for November 16, 2020 Council Meeting
Staff recommends Council approve the above meeting minutes as presented.
F.1 Update on COVID-19 City Response
City Administrator Bryan Bear will provide an update on the City’s response to the COVID
pandemic.
F.2 Hugo Diversity Strong Presentation
Founder of Hugo Diversity Strong Amanda Carter will present to Council the groups manifesto
to include their mission statement and goals.
G.1 Approve Claims Roster
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Resolution Supporting Reduction in Carnelian-Marine-St. Croix Watershed
District Board of Managers
The Carnelian-Marine-St. Croix Watershed District Board of Managers is requesting support for
a reduction in their number of board managers from seven to five. CMSCWD is the only
watershed district in Washington County that has seven managers. The other five watershed
districts each have five managers. The CMSCWD has experienced a lack of willing applicants
to serve on the board, which has made it difficult to meet quorum requirements and complete
routine business. To enact this change, Washington County must petition the Board of Water
and Soil Resources. Before submitting the petition, Washington County requested that the
district explain the request and circumstances to the communities within the district, and that
those communities demonstrate agreement with the reduction of managers by resolution. Staff
recommends Council approve the resolution supporting the reduction on the CMSCWD Board of
Managers.
G.3 Approve Metro-INET Joint Powers Agreement
In May, 2013, the City entered into a Joint Powers Agreement with the City of Roseville for IT
service and support as part of their Metro-INET program. At that time, Metro-INET consisted of
23 other entities, mainly cities and a few watershed districts and fire departments. This group
has now grown to 35 members. As a member of this group, the City has received phone and
computer support from their diverse staff and has been able to share hardware and software cost
with the group. This has all been done under the governance of the City of Roseville and its
council. Members of Metro I-NET have been working to change Metro-INET from a City of
Roseville operation to a joint powers organization. A working group consisting of Metro-INET
members, including City Administrator Bryan Bear, have drafted a Joint Powers Agreement for
Metro-INET. This draft agreement was submitted to the League of Minnesota City’s and
LMCIT’s legal counsel, who has approved the draft and are working to underwrite the new
organization. The year 2021 will be a year of transition for Metro-INET as the board is formed,
an executive director is hired, and polices are implemented. The full transition is expected to be
completed by the beginning of 2022. Staff recommends Council approve the Joint Powers
Agreement for the establishment of the North East Metropolitan Area Municipal Internetworking
Collaborative to be known as Metro-INET, subject to review by the city attorney.
G.4 Approve Resolution Approving Refuse Haulers Licenses for 2021
The City has received applications from seven refuse haulers who provide refuse collection and
recycling services to Hugo businesses and residents. Licenses will be issued to these haulers
upon receipt of the $165 annual licensing fee and proof of insurance. City staff recommends
Council approve the resolution issuing 2021 refuse haulers licenses to: Gene’s Disposal; SRC,
Inc.; Maroney’s Sanitation; Ace Solid Waste; Walters Recycling; Republic Services; and MN
Waste Management.
G.5 Approve Resolution Approving Liquor and Tobacco Licenses for 2021
Staff has received the appropriate applications for renewals of liquor and tobacco licenses for
2021. Eight of the 15 applicants are bars and restaurants that hold on-sale liquor, club, or wine
and 3.2 beer licenses, and all hold Sunday on-sale licenses. At its November 16, 2020 meeting,
Council modified the 2020 fee schedule to waive the 2021 license renewal fees for those types of
licenses. This was done to help offset the loss in revenue experienced by those businesses due to
the restrictions that were placed on those establishments by Governor’s Orders to help slow the
transmission of COVID-19. This resulted in a total of $14,000 in waived fees. City staff
recommends Council approve the resolution approving the annual renewal of the 2021 liquor and
tobacco licenses subject to payment of all fees under the modified fee schedule, payment of taxes
and utilities, and receipt of certificates of liquor liability insurance.
G.6 Approve Final Request to Dresel Contracting for 130th Street Improvement Project
Dresel Contracting, Inc. has completed the 130th Street Improvements Project and has provided
all necessary contract closeout documents. Staff is recommending acceptance of improvements
and final payment in the amount of $143,183.26.
G.7 Approve Final Request to Peterson Company for Waters Edge Water Reuse Phase 2
Project
Peterson Companies, Inc. has completed the Water’s Edge Stormwater Reuse- Phase 2 project
and has provided all necessary contract closeout documents. Staff is recommending acceptance
of improvements, approval of Change Order No. 1 and final payment in the amount of
$65,759.40.
G.8 Approve Payment Request No. 3 to Ebert Construction for Public Works Facility
Ebert Construction has submitted Pay Voucher No. 3 for work done on the new Public Works
facility. Staff has reviewed the pay voucher and finds it acceptable for work certified through
November 30, 2020. Staff recommends Council approve Pay Voucher No. 3 to Ebert
Construction in the amount of $193,821.55.
G.9 Approve Reduction in Letter of Credit for Hugo Gardens
The Hugo Gardens Project has had grading and utility work completed to date and the Hugo
Garden Apartments, LLC. is requesting a reduction in the cash escrow. The current amount of
cash escrow for the Hugo Gardens Project is in the amount of $2,580,254. Staff has inspected the
work completed to date and recommends Council approve the reduction in cash escrow to
$2,405,409 based on the value of work remaining to be completed.
G.10 Approve Resolution Approving Interim Use Permit for Carson Schifsky – 5725 165th
Street North
Carson Schifsky would like approval of an interim use permit (IUP) to operate small landscaping
and excavation business at the property located at 165th 5725 Street North. At its November 19,
2020, meeting the Planning Commission held a public hearing and considered the request. Staff
recommended approval of the IUP application, subject to the conditions the permit and resolution.
The Planning Commission discussed allowing additional vehicles and equipment on site, so the
business could grow slowly. They all generally agreed that could be okay. The Planning
Commission recommended approval of the IUP application, subject to the conditions in the permit
and resolution, with the revision that no more than 20 business related vehicles and equipment can
be stored on site. The vote was 6-0-1 (Mulvihill abstained).
I.1 Public Hearing on 2021 City Budget and Tax Levy
State statutes require the City Council to hold a public hearing on the proposed city budget and
tax levy for the 2021 fiscal year. Finance Director Ron Otkin will present the budget and tax
levy to the Council prior to taking public comment. At the conclusion of the public hearing staff
recommends adoption of a Resolution Approving the General Fund Budget for the 2021 Fiscal
Year and a Resolution Approving the Final Tax Levy Payable in 2021.
J.1 Approve Goodview Avenue Trail Feasibility Study
The Parks Commission recommends approval of the Goodview Avenue Trail Feasibility Study
and preferred trail layout. A trail along Goodview Avenue between 145th Street and Egg Lake
Road has been a priority for the Parks Commission. Funding from the Statewide Health
Improvement Program and Living Healthy Washington County was used for the study. At their
meeting of August 18, 2020, the Parks Commission reviewed and provided input on a wetland
delineation and trail options drafted from WSB. At the meeting on September 16, 2020, the
Parks Commission identified that a 8’ trail on the west side of Goodview Avenue with a 5’
shoulder was preferred. They are not recommending construction of the trail at this time due to
the high costs and wetland impacts, but approval of the study to allow for application of grant
funds. The Parks Commission recommends approval of the Goodview Avenue Trail Feasibility
Study.
K.1 Approve Purchase Agreement for City Owned Property
At its September and November meetings the EDA was presented with a concept for the City
owned property across from City Hall by Denny Trooien of Dennis Properties LLC. Mr.
Trooien would like to develop the City owned property along Egg Lake with uses such as a
restaurant, retail, and office and asked the EDA to enter into a purchase agreement for the City
owned property. The EDA agreed that the concept generally met the development criteria the
City has for the property and directed staff to negotiate a purchase agreement with Mr. Trooien
for City Council approval. Staff has been working with the City Attorney and BakerTilly, City
Financial Advisors on the purchase agreement. Staff recommends the City Council approve the
draft purchase agreement subject to the City Attorney and City Financial Advisers review and
approval.
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 Approve Closing Hugo City Hall on Thursday, December 24, 2020
Hugo’s Personnel Policy allows each employee to take off one day of their choosing annually as
a personal holiday. City Hall staff employees are requesting to take their day on Christmas Eve
and requests Council approve the closing of City Hall. Public Works would remain open and
those employees will take a day of their choice. Staff recommends Council approve closing City
Hall on Thursday, December 24, 2020.
O. Adjournment
Meeting held remotely pursuant to MN Statute Sec. 13D.021.
Meeting ID: 857 6975 7968
Passcode: 205466
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, City Clerk Michele Lindau
PRESENT AT CITY HALL: City Administrator Bryan Bear, Finance Director Ron Otkin
Approval of Minutes for the October 19, 2020 Council Meeting
Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held
on October 19, 2020, as presented.
Roll call vote – all ayes. Motion carried
Approval of Minutes for the November 12, 2020 Board of Canvas
Klein made motion, Miron seconded, to approve minutes for the the Board of Canvas meeting
held on November 12, 2020, as presented.
Roll call vote – all ayes. Motion carried
Approval of Agenda
Weidt made motion, Klein seconded, to approve the agenda as presented.
Roll call vote – all ayes. Motion carried.
Update on COVID-19 City Response and Discussion on On-Sale Liquor License Fees
City Administrator Bryan Bear provided an update on City’s response to the Corona virus. The
State of Emergency was still in place. The most recent Governor’s Order 20-96 primarily put
restrictions on businesses that serve food and drinks and on social gatherings. The Governor made
these changes due to the surge in virus cases. Community rooms continued to be open for meetings
under the COVID preparedness plan, but the use of rooms had been infrequent. City services would
continue, but there may be modifications. Audio/visual upgrades were nearly complete. Virtual
meetings will continue and hybrid meetings will be possible soon. The Truth in Taxation meeting
will be held at the next Council meeting on December 7, 2020, and members of the public are
anticipated to attend. Bear reviewed other upgrades to City Hall including touchless faucets and
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
REMOTE MEETING
MONDAY, NOVEMBER 16, 2020 – 7 P.M.
Hugo City Council Meeting Minutes for November 16, 2020
Page 2 of 6
doors. Bear updated Council on the CARES money that was approved by Council saying $171,635
was distributed to 19 businesses.
Bear talked about requests received from businesses to reduce on-sales liquor license fees. Licenses
fees are intended to cover the costs of issuing and inspecting and other directly related costs of
enforcement. He noted that bars and restaurants were limited to 50% capacity under the governor’s
order. If the City were to reduce all on-sale licenses by 50%, there would be a reduction in revenue
of $7,000. Bear stated that staff was comfortable with the reduction. Off-sale licenses had not been
impacted in the same way.
Haas made motion, Miron seconded, to waive 50% of the on-sale liquor license fees for 2021.
After discussion, Miron rescinded his seconded to the motion.
Haas amended his motion, Miron seconded the amended motion, to waiving all on-sale liquor
license fees for 2021.
Roll call vote – all ayes. Motion carried.
Hugo Good Neighbor Food Shelf Update and Request for Fee Waivers – President Chris
Dufresne
Hugo Good Neighbors Food Shelf Board President Chris Dufresne provided an update on the
food shelf. He explained their mission was to provide food to families in the 55038 zip code,
which included Hugo, Centerville and portions of White Bear Lake and Lino Lakes. They have
distributed over 91,000 pounds of food to date, and there had been an 18% increase over the
same period of time last year. They saw 16 new clients last week alone, and that number was
expected to increase. Seventy-two households will be receiving Thanksgiving baskets. Dufresne
provided information on their planned expansion to the existing building to include a walk-in
cooler and freezer unit. This would allow them to provide perishable foods and buy in bulk
when prices are lowest. The food shelf had received a Community Development Block Grant
through Washington County for 50% of the cost for the expansion. Other funds were raised
through fund-raising efforts. The food shelf was requesting the City Council waive City’s
administrative fees for the permits and site plan review. This would not include any SAC or
WAC fees, Met Council fees, electrical permit fees, or engineering review fees. Bear noted that
the City had also waived their fees in 2014 for construction of the existing food shelf building.
Dufresne provided ways for those in need to contact them and information on how to support the
Food Shelf. He thanked all the food shelf supporters.
Tom made motion, Klein seconded, to waive the administrative fees for the site plan for the
Hugo Good Neighbors Food Shelf building addition.
Ayes: Haas, Klein, Petryk, Weidt.
Nays: none
Abstain: Miron (lost internet connection to virtual meeting)
Motion carried.
Hugo City Council Meeting Minutes for November 16, 2020
Page 3 of 6
Consent Agenda
Klein made motion, Petryk seconded, to approve the following consent agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Worker Kraig Pettee
3. Approve Annual Performance Review for Community Development Assistant Emily
Weber
4. Approve Resignation of Planning Commissioner Andrew Tjernlund
5. Approve Donation to the Fire Department from Hugo American Legion
6. Approve Renewal of Auto Dismantling License for Hugo Auto and Truck Parts
7. Approve Resolution Approving 2021 Salary and Reimbursement Levels
8. Approve Snowmobile Trail Applications
9. Approve of Pay Voucher No. 2 to Ebert Construction for the New Public Works Facility
10. Approve Payment Voucher No. 3 for the Goodview Avenue Improvement Project
Ayes: Haas, Klein, Petryk, Weidt.
Nays: none
Abstain: Miron (lost internet connection to virtual meeting)
Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Public Works Worker Kraig Pettee
Kraig Pettee was hired as a Public Works Maintenance Worker starting November 12, 2018.
Kraig had worked the three previous summers as a seasonal worker. Public Works Director
Scott Anderson recommends Council approve the annual performance review of Public Works
Worker Kraig Pette
Approve Annual Performance Review for Community Development Assistant Emily
Weber
Emily Weber was hired as a Community Development Assistant starting November 26, 2018.
Adoption of the Consent Agenda approved the annual performance review of Community
Development Assistant Emily Weber.
Approve Resignation of Planning Commissioner Andrew Tjernlund
On February 6, 2017, Council appointed Andrew Tjerlnund to serve on the Hugo Planning
Commission. On November 4, 2020, Tjernlund submitted notice of resignation due to
Hugo City Council Meeting Minutes for November 16, 2020
Page 4 of 6
scheduling conflicts. Adoption of the Consent Agenda approved the resignation of
Commissioner Tjernlund effective immediately.
Approve Donation to the Fire Department from Hugo American Legion
The Hugo American Legion requested to donate $600 to the Hugo Fire Department for
equipment and training. Donations to the Fire Department must be approved by the City
Council. Adoption of the Consent Agenda approved the donation of $600 to the Fire Department
from the Hugo American Legion.
Approve Renewal of Auto Dismantling License for Hugo Auto and Truck Parts
The City of Hugo had received an application for approval of the bi-annual Auto Dismantling
License for Mike Brandt, dba Auto and Truck Parts. As a requirement of the license, City staff
conducts annual inspection of the auto dismantling company for compliance with city, county,
and state code. On October 19, 2020, Hugo City staff completed the inspection and found it to be
in compliance with City Code as well as County regulations. Adoption of the Consent Agenda
approved the bi-annual Auto Dismantling License for Hugo Auto & Truck Parts.
Approve Resolution Approving 2021 Salary and Reimbursement Levels
At the mid-year budget workshop, the City Council indicated their willingness to adjust the
City’s salary matrix by 3% and to grant step increases to those employees who have not yet
reached their pay grade maximums. Nine of the City’s 26 full-time employees will receive step
increases. Two of these nine employees would receive a two-step increase for superior job
performance and one employee will be repositioned to a higher pay grade. The net aggregate
dollar increase is $94,286, and the overall budget for employee wages would increase by
4.7%. Using state supplied software the Finance Department verified that the City would remain
in compliance with Pay Equity Statutes. Adoption of the Consent Agenda approved
RESOLUTION 2020-62 SETTING 2021 SALARIES FOR CITY EMPLOYEES AND
ESTABLISHING EMPLOYEE REIMBURSEMENT LEVELS.
Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail
Association
The Hugo Snowmobile Club and the Rice Creek Trail Association had submitted their respective
Snowmobile Trail Applications for the 2020-2021 snow season. Adoption of the Consent
Agenda approved the Snowmobile Trail Applications for the Hugo Snowmobile Club and the
Rice Creek Trail Association.
Approve of Pay Voucher No. 2 to Ebert Construction for the New Public Works Facility
Ebert Construction had submitted Pay Voucher No. 2 for work done on the new Public Works
facility. Staff had reviewed the pay voucher and found it acceptable for work certified through
October 13, 2020. Adoption of the Consent Agenda approved Pay Voucher No. 2 to Ebert
Construction in the amount of $235,301.89.
Approve Payment Voucher No. 3 for the Goodview Avenue Improvement Project
Hugo City Council Meeting Minutes for November 16, 2020
Page 5 of 6
T.A. Schfisky & Sons, Inc. had submitted Pay Voucher No. 3 in the amount of $48.229.76 for
work certified through November 9, 2020, on the Goodview Avenue Improvement Project.
Striping had been completed and the project was completed. Adoption of the Consent Agenda
approved payment to T.A. Schifisky & Sons, Inc in the amount of $48,229.76.
Approve Retirement of Building Official Chuck Preisler
Chuck Preisler was hired by the City of Hugo as the new Building Inspector on November 29,
2004 and was promoted to Building Official in April, 2010 to replace retired employee John
Benson. Chuck was set to retire and had submitted his letter of resignation. Staff recommended
Council approve the retirement of Building Official Chuck Preisler effective November 30,
2020. Weidt removed this from the Consent Agenda to comment on his appreciation for all of
Chuck’s work saying he was a great asset to the City and will be missed. Weidt noted that the
City would normally have a nice “send-off” but will not be able to do that due to COVID.
Weidt made motion, Petryk second, to approve the retirement of Building Official Chuck
Preisler.
Roll call vote – all ayes. Motion carried.
Public Hearing on the Vacation of Road Easement – Rice Lake Reserve
Approve Resolution Approving Rice Lake Reserve Final Plat and Development Agreement
Community Development Director Rachel Juba provided information on the vacation of a road
easement and final plat and development agreement for the first phase of Rice Lake Reserve.
The property is located north of Egg Lake Road (CSAH 8), east of Goodview Avenue, and south
of the Diamond Point neighborhoods. Fenway Land Company, Inc. had requested a vacation of
the existing public road easement located over on a portion of the property proposed to be
developed as Rice Lake Reserve. The property will be used for the development of Rice Lake
Reserve and other future phases. New road easements will be placed on the property at time the
final plat is recorded over the new road locations. Staff was comfortable with the applicant’s
request to vacate the public road easements.
Juba presented the first phase of the Rice Lake Reserve to plat 42 of the 93 total lots. The final
plat also included access to six outlots and access to Goodview Avenue. Remaining phases
would include access to County Road 8. The preliminary plat and PUD were approved by
Council at their March 16, 2020 meeting, and the final plat met all the conditions that were
approved at that time.
Weidt opened the public hearing on the vacation of the road easement. After receiving no
comments, Weidt closed the public hearing.
Klein made motion, Petryk seconded, to approve the notice to vacate the public road easement.
Roll call vote – all ayes. Motion carried.
Petryk made motion, Klein seconded, to approve RESOLUTION 2020-63 APPROVING A
Hugo City Council Meeting Minutes for November 16, 2020
Page 6 of 6
FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR FENWAY LAND COMPANY,
INC. FOR RICE LAKE RESERVE.
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. Forest Lake High School students helped clean gutters.
The YRN helped a military family with rent assistance. The Forest Lake High School Rotary
Club was working on a packing event. A fat bike company donated two bikes that were shipped
by the YRN to Guantanamo Bay. Wet Wipes were needed for care packages. The YRN
received donations from TJK Auto, the Hugo American Legion, and Mark Schwope. Burger
Night was being held in Guantanamo Bay once a month sponsored by the YRN.
Adjournment
Klein made motion, Haas seconded, to adjourn at 8:01 p.m.
Roll call vote – all ayes. Motion carried.
Respectfully Submitted,
Michele Lindau
City Clerk
Hugo Diversity Strong
Bridging diversity awareness and
understanding through advocacy, outreach,
and education.
How did Hugo Diversity Strong Come to Be?
•In August 2020 Black Lives Matter organized a protest outside the
home of Minneapolis Police Federation President Bob Kroll’s home.
•The social unrest that followed the protest caused a group of Hugo
residents to seek like-minded neighbors.
•Hugo Diversity Strong was founded by Amanda Carter in hopes of
bringing residents together to promote tolerance and equality in
Hugo.
Leading Members of HDS
•Amanda Carter, Founder and Registered Nurse
•Becky Magnuson, Educator for St. Paul Public Schools
•Stephanie Fleek, Local Artisan and Entrepreneur
•Ashley Carter, Registered Nurse
•Thomas Rodriguez, IT Manager
More Dedicated Members
•Sandee Carter & Robert Carter
•Susan & Galen Carlson
•Andrea & Levi Reynolds
•Grace LaValle
•Maria Farrell
•Bea Alverez
•Combined experience in: local business, Healthcare recruitment, automotive industry, government, education, agriculture, architecture and infrastructure.
Our Mission
Bridging diversity awareness and understanding through
advocacy, outreach, and education.
What is the Purpose of Hugo Diversity Strong?
•HDS meets biweekly
•Safe space for difficult conversations pertaining to race and inequity in Hugo-discourse without aggression
•Planning for community service projects and future events
•Discuss current events, proposed city planning, projects, and ordinances in relation to equity and inclusiveness in the community
•All are welcome and encouraged to join in the conversations, bringing their perspectives and personal experiences.
•HDS seeks to bring together residents of diverse cultures, ethnicities, and backgrounds, particularly from the BIPOC and LGBTQ+ community.
•HDS seeks to connect local businesses and city officials to the diverse Hugo community.
•Bridge the Divide
Community Projects
Community Project: Hugo Well House #3
•HDS worked cooperatively with city
officials to coordinate a volunteer
project to clean the graffiti on
Hugo Well House #3
•Hugo Public Works provided
cleaning products and brushes
•Group of 12 members scrubbed,
power washed, and even painted
the walls and doors of the well
house to remove years of graffiti-
including inflammatory and racially
charged language.
Moving Forward with Hugo Diversity Strong
•Partner with Hugo Business Association to promote inclusivity and to embrace our BIPOC and LGBTQ+ community members
•Partner with WBLAS to support and further their equity work in our schools
•Community service
•Provide meals to St. Andrew’s Family Shelter
•Volunteer at Hugo Food Shelf
•Taste of Hugo, Festival of Nations Hugo Edition
•Beginning stages of planning, fundraising, etc.-Thank you Michele!
•Investment in our youth
•Teen Center
•Farmer’s Market
Moving Forward with Hugo Diversity Strong
•Welcome to Hugo Initiative by Susan Carlson
•New resident onboarding and welcome
•Assistance in navigating systems and resources as new members of the community
•Translators
•School Liaisons
•Family assistance
•Activism in city decision making
•Participation in City Council meetings
•Partner with city officials to bring equity lens to decision making
•Partner with City Council to encourage resident participation in city planning and decision making
•Hugo Diversity Strong extends an open invitation to City Council members in an effort to build an ongoing conversation between government and citizen interests. We endeavor to create an atmosphere in which this welcomed participation by City Council is productive and open.
Thank You!!
•Mayor Tom Weidt for joining the dialogue at one of our early
meetings, and providing us the use of the Oneka Room.
•Rachel Juba for meeting up with members to discuss the W2H
initiative
•City Administrator Bryan Bear for meeting with group leaders to
discuss clean-up efforts at Well House #3, and for providing
materials for our volunteers to do so.
HugoDiversityStrong@outlook.com
hugodiversitystrong.wordpress.com
651.587.9947
City of Hugo Claims
December 7, 2020 G. 1
Vendor Invoice Amount Description Department
Allstream 17182932 104.22$ Fax Lines Administration
American Engineering Testing Inc 914878 7,380.90$ PW Facility Construction Testing Services Public Works
ARC Irrigation 9416 1,020.00$ CSAH 8 Irrigation System Winterization Street Dept
ARC Irrigation 9417 500.00$ Hanifl Fields Irrigation System Winterization Parks Dept
Best Buy 70882 214.74$ Breakroom Supplies Public Works
BlueTarp Financial Inc 363179241 15.98$ Hardware - City Hall Gen Gov't Bldgs
BlueTarp Financial Inc 363179241 15.00$ Safety Gear - Kieffer Street Dept
Century Link 651 426-8763 68.44$ 911 Emergency Line Administration
Cintas Corporation 5038707755 104.08$ First Aid Supplies Gen Gov't Bldgs
Cintas Corporation 5038707755 145.36$ First Aid Supplies Public Works
City of Roseville 229542 4,626.00$ Network Switch Replacements Various
Comcast 10/18/2020 161.67$ Business Internet (thru November 27) Fire Dept
Comcast 11/12/2020 10.52$ Business Cable (thru December 21) Administration
Comcast 111141560 495.89$ Business Internet (November) Administration
Comcast 111141560 495.89$ Business Internet (November) Public Works
Core & Main LP N254251 170.22$ Radio Meter Water Utility
Core & Main LP N280401 48.02$ Gate Valve Hardware Water Utility
Core & Main LP N280782 131.67$ Watermain Valve Parts Water Utility
Core & Main LP N289452 14,215.00$ Radio Meters Water Utility
Core & Main LP N314667 3,671.42$ Radio Meters Water Utility
Core & Main LP N329434 205.69$ Watermain Repair Clamp Water Utility
Core & Main LP N377166 14,445.00$ Radio Meters Water Utility
Davis Plumbing LLC 1161 8,500.00$ City Hall Touchless Fixtures Upgrades (COVID-19) Gen Gov't Bldgs
Davis Plumbing LLC 1162 1,200.00$ City Hall Touchless Fountain Upgrade (COVID-19) Gen Gov't Bldgs
De Lage Landen Financial Services Inc 70180680 326.94$ November Copier Lease Payment Administration
Dell Marketing LP 10435714492 2,605.94$ Laptop Computers (3) (COVID-19) Mayor & Council
Dell Marketing LP 10435714492 442.23$ Monitors (3) (COVID-19) Mayor & Council
Dell Marketing LP 10435714492 147.41$ Monitor (COVID-19) City Clerk
Earl F. Andersen 0125130-IN 69.80$ Stop Ahead Signs Street Dept
Electro Watchman Inc 112320SP-9325 7,919.23$ Access Control System - Water Tower No. 4 (1/2) Water Utility
Emergency Automotive Technologies Inc MP102120-51 543.21$ LED Floodlights - Unit #204 Street Dept
Excel AV Group 142028 17,982.00$ AV Upgrades - Cameras & Switch (COVID-19) Audio/Video
General Repair Service 73278 2,664.00$ Terminal Housings - Lift Station No. 3 Sewer Utility
Gene's Disposal Service Inc 398901 1,662.54$ October Waste Hauling - PW Facility Public Works
Gene's Disposal Service Inc 398901 190.60$ October Waste Hauling - Fire Station Fire Dept
Gene's Disposal Service Inc 398901 85.10$ October Waste Hauling - City Hall Gen Gov't Bldgs
Granicus Inc 133548 4,500.00$ Encoding Appliance Hardware & Setup (COVID-19) Audio/Video
HCM Architects 2066-1 3,210.00$ Lions Park Architect Services Special Parks Fund
Holiday Companies 1400-011-237-339 51.06$ Fuel Fire Dept
Hugo Equipment Company 160466 400.19$ Parts - Unit #319 Parks Dept
Hugo Equipment Company 161189 57.61$ Parts - Unit #445 Parks Dept
Hugo Equipment Company 161401 74.99$ Parts - Unit #422 Parks Dept
Hugo Feed Mill 95245 9.98$ Mason Line Street Dept
Hugo Feed Mill 95719 1.69$ Hardware Parks Dept
Hugo Feed Mill 95961 119.00$ Straw for House Burn Fire Dept
Hugo Feed Mill 96216 11.99$ Light Bulbs - City Hall Gen Gov't Bldgs
Hugo's Tree Care 11763 850.00$ Tree Trimming & Removal - Public Works Facility Public Works
Innovative Office Solutions LLC IN3148917 58.40$ Pens for Elections (COVID-19) Elections
Innovative Office Solutions LLC IN3162216 74.13$ Pens, Highlighters, Stapler, Notepads, Etc Public Works
Innovative Office Solutions LLC IN3162216 30.95$ Restroom Supplies Public Works
Innovative Office Solutions LLC IN3172826 12.98$ Breakroom Supplies Gen Gov't Bldgs
Instrumental Research Inc 2984 100.00$ Water Bacteria Testing Water Utility
Interstate Battery System of Minneapolis 110050129 420.65$ Batteries Public Works
Jimmy's Johnnys Inc 173206 59.00$ Portable Toilet Rental - HFD House Burn Fire Dept
Jimmy's Johnnys Inc 173440 194.00$ Portable Toilet Rental - Lions Park Parks Dept
Jimmy's Johnnys Inc 173441 127.00$ Portable Toilet Rental - Oakshore Park Parks Dept
Jimmy's Johnnys Inc 173442 127.00$ Portable Toilet Rental - Oneka Lake Park Parks Dept
Jimmy's Johnnys Inc 173443 127.00$ Portable Toilet Rental - Beaver Ponds Park Parks Dept
Jimmy's Johnnys Inc 173444 127.00$ Portable Toilet Rental - Diamond Point Park Parks Dept
Jimmy's Johnnys Inc 173445 127.00$ Portable Toilet Rental - Frog Hollow Park Parks Dept
Jimmy's Johnnys Inc 173446 508.00$ Portable Toilet Rental - Hanifl Park Parks Dept
Jimmy's Johnnys Inc 173447 127.00$ Portable Toilet Rental - Valjean Park Parks Dept
Jimmy's Johnnys Inc 173448 127.00$ Portable Toilet Rental - Arbre Park Parks Dept
Jimmy's Johnnys Inc 173449 127.00$ Portable Toilet Rental - Heritage Ponds Park Parks Dept
Jimmy's Johnnys Inc 173450 127.00$ Portable Toilet Rental - McCollar Park Parks Dept
John Deere Financial P12729 83.52$ Parts - Unit #317 Street Dept
Johnson/Turner October 4,829.00$ Prosecution Fees (Flat Fee) General Legal
Johnson/Turner October 294.95$ Disbursements (Prosecution Costs) General Legal
Johnson/Turner October 3,620.25$ Civil Legal Fees - See Attached Breakdown General Legal
Page 1
City of Hugo Claims
December 7, 2020 G. 1
Vendor Invoice Amount Description Department
Klein, Phil CLAIM 74.98$ Laptop Software - Office Depot (COVID-19) Mayor & Council
Lawson Products 9307985672 10.46$ Bulk Hardware Supplies Public Works
Lawson Products 9307992131 124.49$ Bulk Hardware Supplies Public Works
Lindau, Michele CLAIM 54.52$ Election Mileage Elections
Lindau, Michele CLAIM 19.81$ Chipboard Sheets for Elections (Amazon) Elections
Lindau, Michele CLAIM 25.00$ Federal Motor Carrier Safety Queries Public Works
Loffler Companies Inc 3562408 253.80$ November Copier Service Payment Administration
Lubrication Technologies Inc 1734951 67.00$ Used Oil Filters Pick Up Public Works
MCFOA Membership 45.00$ Membership Dues - Michele Lindau City Clerk
Menards 50835 17.94$ Lumber - Hopkins School House Gen Gov't Bldgs
Menards 51088 26.88$ Hardware Water Utility
Menards 51088 22.14$ Shop Supplies Public Works
Menards 51430 39.99$ Ceramic Heater - Well No. 5 Water Utility
Menards 51769 87.80$ City Hall Lighting Gen Gov't Bldgs
Minnesota Cleaning Services Inc 1220HH02 605.00$ November Cleaning Service Gen Gov't Bldgs
Minnesota Cleaning Services Inc 1220HH04 500.00$ November Cleaning Service Public Works
Minnesota Cleaning Services Inc 1220HH04 501.92$ November Cleaning Service Fire Dept
Minnesota Cleaning Services Inc 1220HH03 100.00$ November Cleaning Service - Hanifl Parks Dept
Minnesota/Wisconsin Playground 2020475 54.00$ Pickleball Court Hardware - Arcand Park Special Parks Fund
MN Dept of Transportation P00012737 476.88$ Bituminous Inspections - Goodview Ave Imp Project Street Reconstruction
NAC Mechanical Corp 177403 1,803.53$ Annual HVAC Maintenance Gen Gov't Bldgs
NAC Mechanical Corp 177428 1,326.13$ Annual HVAC Maintenance Fire Dept
NAC Mechanical Corp 177439 1,591.35$ Annual HVAC Maintenance Public Works
NAC Mechanical Corp 177675 600.00$ HVAC Thermostat Upgrades - CH (COVID-19) Gen Gov't Bldgs
NAC Mechanical Corp 177710 544.83$ HVAC Repairs - FH Fire Dept
NAC Mechanical Corp 177880 280.50$ HVAC Repairs - CH Gen Gov't Bldgs
Oertel Architects 20-01.7 10,500.00$ Public Works Facility Public Works
Olsen Chain & Cable Inc 662579 120.60$ Split Cable & Ball - Unit #107-20 Water & Sewer
Olsen Chain & Cable Inc 662734 227.00$ Crane Hooks & Hardware - Unit #107-20 Water & Sewer
Otter Lake Animal Care Center 208170 100.00$ Boarding & Rescue Fees Animal Control
Peterson Companies Inc 44195 450.00$ Irrigation Winterization - Waters Edge Reuse Phase 1 Stormwater Fund
Peterson Companies Inc 44278 475.00$ Irrigation Winterization - Beaver Ponds Reuse Stormwater Fund
Preisler Company LLC 20-28 763.37$ City Hall Fascia Repairs Gen Gov't Bldgs
Press Publications 684500 29.38$ Planning Commission Change of Meetings Notice Ordinances/Proceedings
Press Publications 684501 29.38$ Board of Canvass Meeting Notice Elections
Press Publications 684503 52.88$ City Council Public Hearing Notice Ordinances/Proceedings
Press Publications 684504 52.88$ Planning Commission Public Hearing Notice Ordinances/Proceedings
Sam's Club 70960 127.08$ Fire Department Supplies Fire Dept
Schifsky (T.A.) & Sons Inc 66697 97.82$ Asphalt Street Dept
Schifsky (T.A.) & Sons Inc 66728 1,261.61$ Asphalt Street Dept
SealTech Inc 1070 10,000.00$ Rout & Seal Cracks Street Dept
Shermco Industries 20-12711 5,929.00$ Pump Motor Rebuild - Well No. 4 Water Utility
Stanley Access Technologies Inc 905774864 16,620.00$ City Hall Touchless Door Openers (COVID-19) Gen Gov't Bldgs
Summit Companies 130001255 886.00$ Annual Fire Extinguisher Inspection Public Works
Sun Life Financial December 913.98$ Disability Premium Finance Dept
T-Mobile 870254054 1,257.78$ Cellular Phone Charges Various
T-Mobile 870254054 919.98$ Equipment Purchases Public Works
UniFirst Corporation November 133.69$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation November 277.92$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation November 14.08$ Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
Verizon Wireless 9866339225 1,032.20$ Cellular Phone Charges Various
Verizon Wireless 9866339225 26.24$ Equipment Purchases Fire Dept
Verizon Wireless 9866339225 37.49$ Equipment Purchases Building Inspections
Walser Polar Chevrolet 56331P22 1,190.32$ Parts - Unit #107-02 Water & Sewer
Washington County Sheriff 2nd Half 571,308.17$ Police Services July - December 2020 Law Enforcement
White Bear Area Chamber of Commerce 15987 540.00$ Membership Renewal Dues/Memberships
WIN-911 Software 203XT311-2021113 495.00$ SCADA Software Maintenance & Support Water & Sewer
WSB & Associates October 83,866.00$ Engineering Fees - See Attached Breakdown Various
Xcel Energy 51-0013325468-8 675.00$ Temporary Electric Service - Public Works Facility Public Works
Zack's Inc 34651 1,707.93$ Shop Towels, Gloves, Straps, Snow Shovels, Etc Public Works
834,671.78$ Total Claims for December 7, 2020
Page 2
Wade Johnson, President ● Kristin Tuenge, Treasurer ● Paul Richert, Secretary
● Andy Weaver, Manager
1
Carnelian-Marine-St. Croix Watershed District
Scandia Plaza II • 21150 Ozark Avenue • P.O. Box 188 • Scandia, MN 55073 • Tel 651.433.2150
Hugo City Council
Hugo City Hall
14669 Fitzgerald Avenue North
Hugo, MN 55038
November 9, 2020
Dear Mayor Weidt and City Council members:
The Carnelian Marine St. Croix Watershed District (CMSCWD) requests City of Hugo
consider passing the enclosed Resolution enabling the District to reduce the number of
Board Mangers from 7 to 5.
The CMSCWD is the only watershed district in Washington County that has seven
managers, the other five watershed districts each have five managers. The District and
our member communities have actively sought qualified candidates to apply to become a
CMSCWD Board Manager to fill the vacancies for nearly two years. The lack of willing
applicants has created substantial challenges to complete the routine business of the
District, including the ability to meet the quorum requirements to hold regular District
meetings.
To enact this change, Washington County must petition the Board of Water and Soil
Resources. Before submitting the petition, Washington County requested that the District
explain the request and circumstances to the communities within the District, and that
those communities demonstrate agreement with the reduction of managers.
The CMSCWD Board of Managers requests the City of Hugo to pass the enclosed
Resolution by December 15, 2020 and return it to the District’s office at PO Box 188,
Scandia MN 55073. The District will submit all Resolutions to Washington County.
If you have any questions or would like a District representative at your next council
meeting to further explain the request, please let me know.
Sincerely,
Mike Isensee, Administrator
Resolution ________
RESOLUTION OF THE CITY OF HUGO
WHEREAS, the City of Hugo (hereinafter “City”) is located within the boundaries of the
Carnelian-Marine-St. Croix Watershed District (hereinafter “District”); and
WHEREAS, the Carnelian-Marine-St. Croix Watershed District (hereinafter “District”) is
a political subdivision of the State of Minnesota established under the Minnesota
Watershed Act, Minnesota Statutes 103B & 103D; and
WHEREAS, the District is governed by a Board of Managers (“Managers”), who are
appointed by the Washington County Board of Commissioners; and
WHEREAS, the City and other municipalities located within the boundaries of the
District recommend individuals to the Washington County Board of Commissioners
when there are vacancies on the Board of Managers; and
WHEREAS, pursuant to Minnesota Statute 103D.205, a the number of Managers for a
Watershed District must not be less than three nor more than nine; and
WHEREAS, the District is currently governed by seven (7) Managers; and
WHEREAS, the District has had two (2) vacant Manager positions for more than one (1)
year with no prospective qualified persons applying to fill those positions; and
WHEREAS, a majority of the official number of Managers is required for quorum to
conduct meetings, and the District has had to cancel meetings due to lack of a quorum;
and
WHEREAS, the Managers agree reducing the number of Managers to five (5) would
increase the efficiency and ability to obtain a quorum of Managers, thereby benefitting
the public welfare, public interest, and the purposes of the District; and
WHEREAS, the City agrees that the public welfare, public interest, and purposes of the
District would be best served by reducing the number of Manager for the District to five
(5) Managers; and
WHEREAS, the City approves a request for Washington County to prepare and submit a
Petition to Reduce Number of Carnelian-Marine-St. Croix Watershed District Managers
to the Board of Water and Soil Resources.
.
NOW, THEREFORE, BE IT RESOLVED by the City of Hugo for the Carnelian-
Marine-St. Croix Watershed District as follows:
1. The City affirms that reducing the number of Managers for the Carnelian-Marine-
St. Croix Watershed District from seven (7) to five (5) would benefit the public
welfare, public interest, and the purposes of the District.
2. The City requests that Washington County prepare and submit a Petition to
Reduce Number of Carnelian-Marine-St. Croix Watershed District Managers to
the Board of Water and Soil Resources, and member communities.
Adopted by the City of Hugo this _____ Day of ________________, 2020.
Motion by Second by
In Favor Against
President __________________________________
Secretary __________________________________
JOINT POWERS AGREEMENT
FOR THE ESTABLISHMENT OF
THE NORTH EAST METROPOLITAN AREA MUNICIPAL
INTERNETWORKING COLLABORATIVE, TO BE KNOWN AS
“METRO-INET”
i
TABLE OF CONTENTS 1
2
Page 3
4
ARTICLE I GENERAL PURPOSE ........................................................................................ 1 5
Section 1.1 Purpose ................................................................................................ 1 6
7
ARTICLE II DEFINITION OF TERMS ................................................................................ 1 8
Section 2.1 Definitions ........................................................................................... 1 9
Section 2.1.1 Metro-INET 10
Section 2.1.2 IT Services ............................................................................................... 11
Section 2.1.3 Board ................................................................................................... 1 12
Section 2.1.4 LGU .................................................................................................... 1 13
Section 2.1.5 Member ............................................................................................... 1 14
Section 2.1.6 Associate ............................................................................................. 1 15
Section 2.1.7 Data ........................................................................................................ 2 16
17
ARTICLE III MEMBERSHIP ................................................................................................. 2 18
Section 3.1 Eligibility ............................................................................................. 2 19
Section 3.2 Execution of JPA and Payment of Member Charges ........................... 2 20
Section 3.3 Initial Members .................................................................................... 2 21
Section 3.4 Transition of Initial Member IT Services Agreements ....................... 2 22
Section 3.5 Effective Date ..................................................................................... 2 23
Section 3.6 New Members ..................................................................................... 2 24
Section 3.7 Conditions of Membership ................................................................. 2 25
Section 3.8 Appointment of Directors ................................................................... 3 26
27
ARTICLE IV BOARD OF DIRECTORS ............................................................................... 3 28
Section 4.1 Governing Body ................................................................................... 3 29
Section 4.2 Appointment of Alternate Directors .................................................... 3 30
Section 4.3 No Proxy Voting ................................................................................. 3 31
Section 4.4 Notice of Change of Director or Alternate Director ........................... 3 32
Section 4.5 Compensation of Directors and Alternate Directors ........................... 3 33
Section 4.6 Number of Votes of Directors ............................................................. 3 34
Section 4.7 Quorum ............................................................................................... 4 35
Section 4.8 Motions ............................................................................................... 4 36
Section 4.9 Suspension of Vote ............................................................................. 4 37
Section 4.10 Bylaws ................................................................................................. 4 38
Section 4.11 Remuneration of Director Expenses ................................................... 4 39
Section 4.12 Removal of Directors .......................................................................... 4 40
Section 4.13 Director Vacancies .............................................................................. 4 41
42
ARTICLE V MEETINGS AND OFFICERS ........................................................................ 4 43
Section 5.1 Special Meetings .................................................................................. 4 44
Section 5.2 Regular Meetings ................................................................................. 5 45
ii
Section 5.3 Notice of Regular Meetings ................................................................. 5 46
Section 5.4 Public Meetings ................................................................................... 5 47
Section 5.5 Officers ............................................................................................... 5 48
Section 5.6 Chair and Vice Chair .......................................................................... 5 49
Section 5.7 Secretary ............................................................................................. 5 50
Section 5.8 Officer Vacancies ................................................................................ 5 51
52
ARTICLE VI POWERS AND DUTIES OF THE BOARD.................................................. 6 53
Section 6.1 Powers and Duties................................................................................ 6 54
Section 6.2 General Purpose .................................................................................. 6 55
Section 6.3 Governance ......................................................................................... 6 56
Section 6.4 Membership Dues ............................................................................... 6 57
Section 6.5 Service Charges .................................................................................. 6 58
Section 6.6 Gifts, Loans and Grants ...................................................................... 6 59
Section 6.7 Annual Audit ....................................................................................... 6 60
Section 6.8 Annual Budget .................................................................................... 6 61
Section 6.9 Delegation to Executive Committee ................................................... 7 62
Section 6.10 Accumulation and Maintenance of Capital ......................................... 7 63
Section 6.11 Data, Data Processing and Management Information Systems .......... 7 64
Section 6.12 PERA .................................................................................................. 7 65
Section 6.13 Necessary and Incidental Powers ........................................................ 7 66
67
ARTICLE VII FISCAL AND OPERATIONAL SERVICES; EXECUTIVE DIRECTOR ... 7 68
Section 7.1 Fiscal and Operations Agent ............................................................... 7 69
Section 7.2 Executive Director ............................................................................... 7 70
Section 7.3 Term of Executive Director ................................................................ 8 71
72
ARTICLE VIII EXECUTIVE COMMITTEE ........................................................................ 8 73
Section 8.1 Membership of Executive Committee ................................................. 8 74
Section 8.2 Bylaws of Executive Committee ........................................................ 8 75
Section 8.3 Quorum ............................................................................................... 8 76
Section 8.4 Regular Meetings ................................................................................ 8 77
Section 8.5 Special Meetings ................................................................................. 8 78
Section 8.6 Notice of Meetings .............................................................................. 8 79
Section 8.7 Duties and Responsibilities ................................................................. 8 80
Section 8.8 Preparation and Modification of Charges ........................................... 9 81
82
ARTICLE IX FINANCIAL MATTERS ............................................................................... 9 83
Section 9.1 Fiscal Year .......................................................................................... 9 84
Section 9.2 Adoption of Annual Budget ................................................................ 9 85
Section 9.3 Cost Sharing Charges .......................................................................... 9 86
Section 9.4 Invoices to Members ........................................................................... 9 87
Section 9.5 Classification of Cost Sharing Charges ............................................ 10 88
Section 9.6 Special Financial Assistance from Members .................................... 10 89
Section 9.7 Expenditures ..................................................................................... 11 90
iii
Section 9.8 Contracts ........................................................................................... 11 91
92
ARTICLE X WITHDRAWAL ........................................................................................... 11 93
Section 10.1 Notice of Withdrawal ........................................................................ 11 94
Section 10.2 Claim to Assets upon Withdrawal .................................................... 11 95
Section 10.3 Financial Obligations upon Withdrawal ........................................... 11 96
Section 10.4 Financial Obligations prior to Withdrawal ....................................... 12 97
98
ARTICLE XI ASSOCIATES .............................................................................................. 12 99
Section 11.1 Associates ......................................................................................... 12 100
Section 11.2 Admission of Associates ................................................................... 12 101
Section 11.3 Confirmation of Associate Status ..................................................... 12 102
Section 11.4 Appointment of Director and Alternate Director .............................. 12 103
Section 11.5 Charges ............................................................................................. 12 104
Section 11.6 Application to Become a Member .................................................... 12 105
Section 11.7 Notice of Withdrawal as Associate ................................................... 12 106
107
ARTICLE XII DISSOLUTION ............................................................................................ 12 108
Section 12.1 Dissolution ........................................................................................ 12 109
Section 12.2 Effectuation of Dissolution ............................................................... 13 110
Section 12.3 Distribution of Assets and Payment of Outstanding Obligations ...... 13 111
Section 12.4 Allocation of Deficit ......................................................................... 13 112
Section 12.5 Distribution of Computer Software .................................................. 13 113
114
ARTICLE XIII INDEMNIFICATION ................................................................................. 13 115
Section 13.1 Cooperative Activity of Single Governmental Unit ......................... 13 116
Section 13.2 Indemnification ................................................................................. 13 117
118
ARTICLE XIV AMENDMENT ........................................................................................... 14 119
Section 14.1 Amendment of JPA ........................................................................... 14 120
121
ARTICLE XV MISCELLANEOUS ..................................................................................... 14 122
Section 15.1 Data Practices .................................................................................... 14 123
Section 15.2 Audit ................................................................................................. 14 124
Section 15.3 Counterparts ...................................................................................... 14 125
Section 15.4 Headings ........................................................................................... 14 126
Section 15.5 Severability ....................................................................................... 14 127
Section 15.6 Applicable Law ................................................................................. 14 128
129
ARTICLE XVI DURATION ................................................................................................ 15 130
Section 16.1 Term .................................................................................................. 15 131
v.11.9.20
1
JOINT POWERS AGREEMENT FOR THE ESTABLISHMENT OF 132
THE NORTH EAST METROPOLITAN AREA MUNICIPAL 133
INTERNETWORKING COLLABORATIVE 134
135
The parties to this joint powers agreement (“JPA”) are local governmental units (“LGUs”) 136
of the State of Minnesota authorized to enter into this JPA. This JPA is made and entered into 137
pursuant to Minnesota Statutes, Section 471.59. 138
139
ARTICLE I 140
GENERAL PURPOSE 141
142
Section 1.1. Purpose. The general purpose of this JPA is to provide for an organization 143
that the participating Members may jointly and cooperatively provide for the development and 144
operation of IT Services for the use and benefit of the Members, and others. To the extent permitted 145
by law, the Members will support the establishment of the IT Services and seek to expand the 146
number of participating agencies either as Members or as non-Member LGUs receiving services 147
from Metro-INET. 148
ARTICLE II 149
DEFINITION OF TERMS 150
151
Section 2.1. Definitions. The terms defined in this Article shall have the meanings given 152
them for the purposes of this JPA. 153
154
Section 2.1.1. Metro-INET. “Metro-INET” means the “North East Metropolitan Area 155
Municipal Internetworking Collaborative,” the organization created by this JPA. 156
157
Section 2.1.2. IT Services. “IT Services” means the development, operation and 158
maintenance of advanced internet networking and data services through ownership or lease of any 159
and all systems, equipment, technology or means and methods necessary to provide competitive, 160
up-to-date IT services to Members and non-Member LGUs. 161
162
163
Section 2.1.3. Board. “Board” means the Board of Directors of Metro-INET, consisting 164
of one Director from each LGU participating as a Member of Metro-INET pursuant to this JPA. 165
166
Section 2.1.4. LGU. “LGU” means any city, township, independent public safety 167
organization, watershed management organization, watershed district, cable commission or other 168
political subdivision of the State of Minnesota that is qualified to enter into joint powers 169
agreements as defined in Minnesota Statutes, Section 471.59, and as it may be amended from time 170
to time. 171
172
Section 2.1.5. Member. “Member” means an LGU that enters into this JPA and is at the 173
time involved, a Member in good standing. 174
175
Section 2.1.6. Associate. “Associate” means an LGU that is not a Member but has agreed 176
to affiliate with Metro-INET in accordance with Article XI and other applicable JPA provisions. 177
2
Section 2.1.7. Data. “Data” means all information in digital form that can be transmitted 178
or processed. 179
180
ARTICLE III 181
MEMBERSHIP 182
183
Section 3.1. Eligibility. Any Minnesota LGU is eligible to be a Member of Metro-INET. 184
185
Section 3.2. Execution of JPA and Payment of Member Charges. An LGU desiring to 186
be a Member shall execute a copy of this JPA and shall pay all Member charges, prorated if 187
appropriate, under Article IX. 188
189
Section 3.3. Initial Members. The initial Members of Metro-INET shall be the City of 190
Roseville (“Roseville”) and those LGUs that are parties to a joint powers agreement or an 191
otherwise existing contractual arrangement for IT Services from Roseville, on or prior to 192
December 31, 2020. Upon the execution of this JPA by an initial Member, the clerk or other 193
corresponding officer shall file with the Roseville City Manager a copy of the executed JPA, 194
together with a certified copy of the authorizing resolution or other action. The resolution 195
authorizing the execution of this JPA shall also designate the Member’s Director and Alternate 196
Director (“Alternate”). 197
198
Section 3.4 Transition of Initial Member IT Services Agreements. Any joint powers 199
agreement or contract for IT Services between two or more Metro-INET Members that has not 200
been terminated prior to the Effective Date of this JPA shall be terminated by the affected parties 201
at the earliest possible date, without disrupting the delivery of IT Services to the affected parties. 202
After the Effective Date, any term of an earlier agreement for IT Services still in force shall be 203
interpreted not to conflict with this JPA, which shall supersede the earlier agreement if the earlier 204
agreement and this JPA cannot be reconciled. The Board shall have authority to take any action it 205
deems reasonable and prudent to facilitate the transition to Metro-INET by any initial Member, 206
including the creation of a committee authorized to assist affected parties in the termination of 207
earlier agreements and to seek Board approval of action necessary to facilitate the transition. 208
209
Section 3.5. Effective Date. This JPA shall become effective on January 1, 2021 [[or other 210
date agreed upon by the initial Members]] (“Effective Date”). Within thirty (30) days after the 211
Effective Date, the Roseville City Manager shall call the first meeting of the Board, which shall 212
be held not later than fifteen (15) days after the notice has been delivered to each Director and 213
Alternate. 214
215
Section 3.6. New Members. LGUs that do not qualify for initial membership under 216
Section 3.3 and seek to join Metro-INET shall be admitted by a vote of the Board as it determines 217
at its organizational meeting, or as soon thereafter as the Board may decide and adopt in the 218
bylaws. 219
220
Section 3.7. Conditions of Membership. The Board may impose additional conditions 221
upon the admission of new Members. 222
223
3
Section 3.8. Appointment of Directors. Directors and Alternates shall be appointed by 224
the Member governing body to serve until their successors are appointed and qualified. Directors 225
shall be the chief administrative officer of the Member. 226
227
ARTICLE IV 228
BOARD OF DIRECTORS 229
230
Section 4.1. Governing Body. Metro-INET shall be governed by a Board of Directors 231
consisting of a Director and Alternate from each Member. At the organizational meeting and 232
annually thereafter, the Board shall elect an executive committee that may advise or act for the 233
Board as the Board may delegate to the executive committee as necessary, upon meetings duly 234
called, as provided in Article VIII. 235
236
Section 4.2. Appointment of Alternate Directors. Each Member shall appoint one 237
Alternate to the Director. The Alternate shall be entitled to attend all meetings of the Board and 238
may vote in the absence of the Director. 239
240
Section 4.3. No Proxy Voting. There shall be no voting by proxy. All votes must be cast 241
in person at Board meetings by the Director or Alternate, unless the meeting is duly conducted in 242
accordance with Minnesota Statutes, Sections 13D.02 (interactive TV) or 13D.021 (telephone or 243
other electronic means allowed if health pandemic or emergency). 244
245
Section 4.4. Notice of Change of Director or Alternate Director. When the Member 246
changes its designated Director or Alternate the Member shall provide written notice to Metro-247
INET with the name, email address and mailing address of the person so appointed. 248
249
Section 4.5. Compensation of Directors and Alternate Directors. Directors and 250
Alternates shall serve without compensation from Metro-INET, but it shall not prevent a Member 251
from providing compensation for its Director or Alternate if such compensation is lawfully 252
authorized by such Member. 253
254
Section 4.6. Number of Votes Held by Directors. Unless otherwise expressly provided 255
herein, each Director shall have the number of votes equivalent to the Member’s share of Metro-256
INET’s annual budget, as established by the Board and calculated as follows: Each Member’s 257
percentage share of Metro-INET’s annual budget shall be determined by Member use of Metro-258
INET IT Services. Said Member share shall be rounded up to the nearest whole number, and that 259
number shall be the Member’s total number of votes in any vote of the Board. Members shall have 260
at least one vote. The number of votes for initial Members, and the total votes of the Directors for 261
the initial Board, shall be as set forth in the attached Exhibit A, and is subject to change annually 262
with the addition or subtraction of Members. The number of votes for each Director shall be 263
recalculated annually upon the adoption by the Board of the next fiscal year budget. Upon the 264
addition of a new Member, the Board shall estimate the new Member’s share of Metro-INET’s 265
annual budget for the period prior to adoption of the succeeding year’s budget and assign the 266
proportionate number of votes to the new Member for the remainder of that fiscal year. The number 267
of votes of existing Members shall not change during the year that new Member or Members join 268
Metro-INET. 269
4
Section 4.7. Quorum. The presence of at least ten (10) Directors of Members in good 270
standing at a regular or special meeting shall constitute a quorum of the Board allowing it to 271
transact business, provided that the ten Directors hold at least a majority of the total Member votes. 272
273
Section 4.8. Motions. A majority of the Member vote totals represented by those Directors 274
present at a meeting is required to pass all motions, unless a greater majority is provided in this 275
JPA. 276
277
Section 4.9. Suspension of Vote. A Director, or Alternate shall not be eligible to vote 278
during the time the Member they represent has been notified by Metro-INET that it is in default 279
on any required assessment, contract or other contribution to Metro-INET or regarding security 280
breaches or other acts deemed by the Board to materially impair the quality of IT Services provided 281
by Metro-INET. During the existence of such default, the vote(s) of such Member shall not be 282
counted for the purposes of a meeting quorum or majority on a Board meeting vote. If a Member 283
remains in default for a period of more than forty-five (45) days after written notice on failure to 284
pay any billing from Metro-INET or notice of other default referenced above, the Board may act 285
to terminate the Member from Metro-INET by a majority vote of the Board at a regular meeting 286
or special meeting called for that purpose. 287
288
Section 4.10. Bylaws. At the Metro-INET organizational meeting the Board shall adopt 289
bylaws governing its procedures, including but not limited to, the time, place and frequency of its 290
regular meetings or procedures and voting majorities required for certain votes. Such bylaws may 291
be amended from time to time pursuant to Section 4.8 of this JPA. 292
293
Section 4.11. Remuneration of Director or Alternate Expenses. The Board shall have no 294
obligation to pay remuneration of Director or Alternate expenses, which shall be subject to the policies of 295
Member appointing them. The Board may, however, in its sole discretion, pay the reasonable and 296
necessary expenses of officers, Directors and Alternates incurred in connection with special duties 297
they undertake on behalf of Metro-INET, but such reimbursement shall not include the expenses 298
incurred solely for attending meetings of Metro-INET within the seven-county Twin Cities 299
metropolitan area. 300
301
302
Section 4.12. Removal of Directors. Any Director or Alternate shall be subject to removal 303
by the governing body of the Member. 304
305
Section 4.13. Director Vacancies. A vacancy on the Board shall be promptly filled by the 306
governing body of the Member whose position on the Board is vacant. 307
308
ARTICLE V 309
MEETINGS AND OFFICERS 310
311
Section 5.1. Special Meetings. Special meetings of the Board may be called: (a) by the 312
chair; (b) by the executive committee; or (c) upon the written request of a majority of the Directors. 313
Subject to an emergency exception, as defined by statute, at least three (3) days’ written notice of 314
5
special meetings shall be published and given to all Directors and Alternates. Such notice shall 315
include the agenda for the special meeting and the time, date and location of the meeting. 316
317
Section 5.2. Regular Meetings. The specific date, time and location of regular meetings 318
of the Board shall be determined by the Board as provided in the Bylaws. The Board shall be 319
required to meet at least four (4) times a year. Its regular meetings shall be held on the dates and 320
at times of each January, April, July and October as determined by the Board at the October 321
meeting and duly published to establish the four regular meetings. 322
323
Section 5.3. Notice of Regular Meetings. Notice of regular meetings of the Board shall 324
be given to the Directors and Alternates by the secretary at least fifteen (15) days in advance of 325
the meeting and the agenda for such meetings shall accompany the notice. However, business at 326
regular meetings of the Board need not be limited to matters set forth in the agenda. 327
328
Section 5.4. Public Meetings. Meetings of the Board and of the executive committee shall 329
be considered “public” meetings. Notices, agendas, and schedules of such meetings shall be given, 330
maintained and distributed pursuant to the Open Meeting Law, Minnesota Statutes, Section 331
13D.01, et seq. 332
333
Section 5.5. Officers. The officers of the Board shall consist of the chair, vice-chair, 334
secretary and two (2) officers-at-large, who shall be elected by the Directors at the initial meeting 335
of the Board. The chair and vice-chair shall be elected to three-year (3) terms, commencing at the 336
initial meeting of the Board and every three (3) years thereafter. The secretary shall be elected to 337
a two-year (2) term, commencing at the initial meeting of the Board, and shall be elected to three-338
year (3) terms following the completion of the initial term every three (3) years thereafter. The 339
officers-at-large shall be elected to a one-year (1) term, commencing at the initial meeting of the 340
Board, and shall be elected to three-year (3) terms following the completion of the initial term 341
every three (3) years thereafter. The intent of the election of officers is to ultimately establish three-342
year (3), staggered terms of officers with the chair and vice-chair being elected in the same year. 343
Other than the initial meeting of the Board, new officers shall take office at the adjournment of the 344
meeting of the Board at which they are elected. 345
346
Section 5.6. Chair and Vice Chair. The chair shall preside at all meetings of the Board 347
and the executive committee. The vice-chair shall act as chair in the absence of the chair. 348
349
Section 5.7. Secretary. The secretary shall be responsible for keeping a record of all of the 350
proceedings of the Board and the executive committee. 351
352
Section 5.8. Officer Vacancies. A vacancy shall immediately occur in the office of any 353
officer upon his or her resignation, death or upon ceasing to be an employee of the Member. Upon 354
a vacancy occurring in any office, the Alternate shall serve until the Member appoints a new 355
Director. 356
357
6
ARTICLE VI 358
POWERS AND DUTIES OF THE BOARD 359
360
Section 6.1. Powers and Duties. The powers and duties of the Board shall include the 361
powers set forth in this Article. 362
363
Section 6.2. General Purpose. The Board shall take such action as it deems necessary and 364
appropriate to accomplish the general purposes of the organization including, but not limited to, 365
the establishment of data processing and information systems, engaging in the development and 366
implementation of the necessary programs therefor, acquiring any necessary site, purchasing any 367
necessary supplies, equipment and machinery, employing any necessary personnel and operating 368
and maintaining any systems for the handling of data processing and management information for 369
the Members and for others. Any of the foregoing activities, or any other activities authorized by 370
the JPA, may be accomplished by entering into contracts, leases or other agreements with others, 371
whenever the Board shall deem this to be advisable. 372
373
Section 6.3. Governance. The Board shall have full supervisory control and management 374
of the affairs of Metro-INET including the power to make contracts as it deems necessary to make 375
effective any power to be exercised by Metro-INET pursuant to this JPA; to provide for the 376
prosecution and defense or other participation in actions or proceedings at law in which it may 377
have an interest; to employ such persons as it deems necessary to accomplish its duties and powers 378
on a full-time, part-time or consulting basis; to conduct such research and investigation as it deems 379
necessary on any matter related to or affecting the general purposes of the organization; to acquire, 380
hold and dispose of property both real and personal as the Board deems necessary; and to contract 381
for space, materials, supplies and personnel with a Member or Members or with others. 382
383
Section 6.4. Membership Dues. The Board may establish and collect membership dues. 384
385
Section 6.5. Service Charges. The Board may establish and collect charges for its services 386
to Members and to others. 387
388
Section 6.6. Gifts, Loans and Grants. The Board may accept gifts, apply for and use 389
grants or loans of money or other property from the state, or any other governmental units or 390
organizations and may enter into agreements required in connection therewith and may hold, use 391
and dispose of such moneys or property in accordance with the terms of the gift, grant, loan or 392
agreement relating thereto. 393
394
Section 6.7. Annual Audit. The Board shall cause an annual independent audit of the 395
books to be made and shall make an annual financial accounting and report in writing to the 396
Members. Its books and records shall be available for and open to examination by its Members at 397
all reasonable times. 398
399
Section 6.8. Annual Budget. The Board shall establish the annual budget for the 400
organization as provided in this JPA. 401
402
7
Section 6.9. Delegation to Executive Committee. The Board may delegate authority to 403
the executive committee of the Board, between Board meetings. Such delegation of authority shall 404
be by resolution of the Board and may be conditioned in such manner as the Board may determine. 405
406
Section 6.10. Accumulation and Maintenance of Capital. The Board may accumulate 407
and maintain reasonable working capital reserves and may invest and reinvest funds not currently 408
needed for the purposes of the organization. Such investment and reinvestment shall be in 409
accordance with and subject to the laws applicable to the investment of city funds. 410
411
Section 6.11. Data, Data Processing and Management Information Systems. The 412
Board shall make Metro-INET data processing and management information systems available to 413
its Members, subject to reasonable charges for the development and processing thereof. Metro-414
INET shall not own Member Data, which shall be returned to the Member upon its withdrawal 415
made pursuant to this JPA or upon dissolution. 416
417
Section 6.12. PERA. The Board may provide for any of its employees to be members of 418
the Public Employees Retirement Association and may make any required employer contributions 419
to that organization and any other employer contributions which municipalities are authorized or 420
required by law to make. 421
422
Section 6.13. Necessary and Incidental Powers. The Board may exercise any other power 423
necessary and incidental to the implementation of its aforementioned powers and duties. 424
425
ARTICLE VII 426
FISCAL AND OPERATIONAL SERVICES; EXECUTIVE DIRECTOR 427
428
Section 7.1. Fiscal and Operations Agent. The Board shall designate a Member to serve 429
as the fiscal and operations agent of Metro-INET (“Fiscal Agent”). The Fiscal Agent shall provide 430
services as set forth in the JPA and on additional matters as may be determined by the Board 431
through authorization for services by contract with Metro-INET. The Fiscal Agent shall be 432
responsible for management of all of Metro-INET’s funds, for the keeping and storing of Metro-433
INET’s financial records, recommending to the Board and maintaining adequate insurance 434
coverage of Metro-INET consistent with municipal liability limitations under Minnesota law, and 435
to provide for the annual financial audit and accounting of all Metro-INET related activities. The 436
Fiscal Agent shall be responsible for collecting and preserving all Metro-INET records and data 437
pursuant to the requirements of the Minnesota Government Data Practices Act, Minnesota 438
Statutes, Chapter 13. The Fiscal Agent shall post a fidelity bond or other insurance against loss of 439
organization funds in an amount approved by the Board, at the expense of Metro-INET. 440
441
Section 7.2. Executive Director. The Board shall hire an executive director to be 442
responsible for the management of the day-to-day operations of Metro-INET, executing the policy 443
directives of the Board, including, the power to implement contracts authorized by the Board, the 444
prosecution and defense or other participation in actions or proceedings in law; to employ 445
personnel or retain as consultants such persons as he or she may deem necessary to carry out 446
Metro-INET functions; to conduct such research and investigation as necessary on any matter 447
related to or affecting the general purposes of Metro-INET; to manage real and personal property 448
8
acquired by Metro-INET; and to investigate, advise the Board regarding contracts for space, 449
materials, supplies and personnel either with a Member or Members or with third parties and 450
coordinating with Members for the implementation of internet connection, system maintenance 451
and data processing. The executive director shall prepare a report to the Board regarding the 452
operations of Metro-INET for each quarterly and annual meeting of the Board. 453
454
Section 7.3. Term of Executive Director. The executive director shall serve for an 455
indefinite period as defined by the contract, which may be terminated and the director removed by 456
a vote of a two-thirds majority of the total votes of the Board. 457
458
ARTICLE VIII 459
EXECUTIVE COMMITTEE 460
461
Section 8.1. Membership of Executive Committee. The Board shall establish an 462
executive committee consisting of five (5) voting members. Its members shall consist of the five 463
(5) officers of the Board as defined in Article V, Section 5.5. The Fiscal Agent and Executive 464
Director shall serve as ex officio members of the executive committee in an advisory and non-465
voting capacity. 466
467
Section 8.2. Bylaws of Executive Committee. The executive committee may adopt 468
bylaws governing its own procedures, which shall be subject to this JPA, the bylaws of the Board, 469
and any resolutions or other directives of the Board. 470
Section 8.3. Quorum. Three (3) members of the executive committee shall constitute a 471
quorum and a majority of the executive committee members present at a meeting where a quorum 472
exists may act, notwithstanding the number of votes held by each member in accordance with 473
Article IV, Section 4.6. 474
Section 8.4. Regular Meetings. The specific date, time and location of regular meetings 475
of the executive committee shall be determined by the executive committee. The executive 476
committee shall meet at least four (4) times a year. Notice of regular meetings of the executive 477
committee shall be given to the members of the executive committee and the executive director at 478
least seven (7) days in advance and the agenda for such meetings shall accompany the notice. 479
Section 8.5. Special Meetings. Special meetings of the executive committee may be called 480
by the chair or upon the call of any two other members of the executive committee. The date, time 481
and location of the special meeting shall be fixed by the person or persons calling it. At least three 482
(3) days advance written notice of such special meeting shall be given to all members of the 483
executive committee by the person or persons calling the meeting. 484
485
Section 8.6. Notice of Meetings. Pursuant to the Open Meeting Law, all meetings of the 486
executive committee shall be noticed and published at least three (3) days prior to the meeting. 487
488
Section 8.7. Duties and Responsibilities. The executive committee shall have the 489
following duties and responsibilities: (a) to exercise the powers and perform the duties delegated 490
to it by the Board and subject to such conditions and limitations as may be imposed by the Board; 491
(b) to cause to be prepared a proposed annual budget each year which shall be submitted to the 492
9
Board at least thirty (30) days before the annual meeting for the Board’s review and ratification; 493
and (c) to present a full report of its activities at each regular meeting of the Board. 494
495
Section 8.8. Preparation and Modification of Charges. The executive committee shall 496
have the responsibility to prepare and modify charges for the use of the programs and facilities of 497
Metro-INET, both as to Members and non-members, subject to Board approval. 498
499
ARTICLE IX 500
FINANCIAL MATTERS 501
502
Section 9.1. Fiscal Year. The fiscal year of Metro-INET shall be the calendar year. 503
504
Section 9.2. Adoption of Annual Budget. The annual budget of Metro-INET must be 505
adopted in the following manner: 506
507
(a) prior to May 1 the Board will supply each member with a proposed preliminary 508
budget for the coming fiscal year; 509
510
(b) prior to the meeting of the Board in July the Board will supply each Member with 511
a proposed budget adjusted for withdrawal notifications received pursuant to 512
Article XI; 513
514
(c) the annual budget for the coming fiscal year shall be adopted at the July Board 515
meeting. 516
517
Promptly after adoption of the budget, the Board must mail copies of the budget to the 518
chief administrative officer of each Member. Upon adoption of the budget each Member is 519
obligated to Metro-INET for the budgeted revenues and cost sharing charges fixed by the Board 520
for the ensuing fiscal year in accordance with this Article. 521
522
Section 9.3. Cost Sharing Charges. The Board shall have authority to fix cost sharing 523
charges for all Members in an amount sufficient to provide the funds required by the budgets of 524
the organization. The Board shall notify the chief administrative officer of each Member of the 525
amounts of such charges, on or before May 1 of each year. The Board shall prepare, and may 526
amend, a document setting forth the cost sharing charges and policies for Members and rates for 527
services provided to non-members. Such document(s) and policies shall be made available to 528
Members for review and comment upon request. 529
530
Section 9.4. Invoices to Members. Invoices for all charges shall be sent to the Members 531
by the Fiscal Agent and shall be due when rendered. Any Member whose charges have not been 532
paid within forty-five (45) days after the date of the invoice may be declared in default by the 533
Board or executive committee and shall not be entitled to further voting privileges nor to have its 534
Director hold any office nor to use any Metro-INET facilities or programs until such time as the 535
default is cured and Metro-INET has been paid in full. Additionally, in the event that such charges 536
have not been paid within forty-five (45) days of the date of the invoice, and such default remains 537
uncured after a reasonable time following notice to cure, the membership of such Member may be 538
10
terminated by a majority vote of the Board. In the event of a dispute between the Member and the 539
Board as to the amount which is due and payable, the Member shall nevertheless make such 540
payment in order to preserve its status as a Member, but such payment may be made under protest 541
and without prejudice with respect to the Member’s right to dispute the amount of the charge and 542
to pursue any legal remedies available to it. 543
544
Section 9.5. Classification of Cost Sharing Charges. The charges to the Members of 545
Metro-INET shall be divided, for cost sharing purposes, into three different classes, as further 546
described in Attachment A to this JPA and incorporated herein: 547
(a) Core Services (“Class 1 Charges”). Class 1 Charges shall cover all of Metro-548
INET’s general administrative and operational expenses for core services in having 549
a member participate as a domain member of Metro-INET. Core services are 550
generally defined as services provided by Metro-INET that provides IT support to 551
the Member and its employees to conduct the Member’s business. These core 552
services may change over time upon Board approval based on different needs of 553
Members. Changes in the delivery of Class 1 Charges shall be paid by each Member 554
as fixed monthly, quarterly or annual membership dues, as determined by the 555
Board. The amount of Class 1 Charges required to be paid by each Member shall 556
be determined annually by the executive committee, upon approval by the Board. 557
Class 1 Charges shall be prorated to new Members and not retroactively applied to 558
them. 559
(b) Supplemental Services (“Class 2 Charges”). Class 2 Charges shall cover the costs 560
of design and development of computer programs and systems and other capital 561
costs for services requested by the Member. Supplemental services are generally 562
defined as services provided by Metro-INET at the request of the Member to meet 563
its specific needs. These supplemental services may change over time upon Board 564
approval based on different needs of Members and changes in the delivery of such 565
services. Class 2 Charges shall be paid by each Member as fixed monthly, quarterly 566
or annual membership dues, as determined by the Board. The amount of Class 2 567
Charges required to be paid by each Member shall be determined annually by the 568
executive committee, upon approval by the Board. Class 2 Charges shall not be 569
retroactively applied to new Members. 570
(c) Necessary Additional Charges (“Class 3 Charges”). Class 3 Charges shall cover 571
the costs of system operation and maintenance in serving non-members, on an “as 572
requested” basis as determined by the Board when it deems such charges necessary. 573
The amount of such charges that are applicable to each non-member shall be 574
determined by the Board. The amount of the charges shall cover all costs incurred 575
by Metro-INET in providing these services to the non-member. The Board shall 576
have authority to negotiate and enter into contracts with non-members receiving 577
Class 3 Charges. 578
Section 9.6. Special Financial Assistance from Members. It is anticipated that certain 579
Members may be in a position to extend special financial assistance to Metro-INET in the form of 580
grants, or other in-kind payments including use of facilities or other infrastructure deemed 581
beneficial to Metro-INET. The Board shall credit any such in-kind payment against any charges 582
11
which the granting Member would otherwise have to pay. The Board may also enter into an 583
agreement, as a condition to any such grant, that it will credit all or a portion of such grant towards 584
charges which have been made or in the future may be made against one or more specified 585
Members. 586
587
Section 9.7. Expenditures. Board funds may be expended by the Board in accordance 588
with procedures established by law for the expenditure of funds by cities. Orders, checks, drafts 589
and other legal instruments shall be signed by the chair or vice-chair and countersigned by the 590
secretary or such other person as shall be designated by the Board. 591
592
Section 9.8. Contracts. Contracts shall be let and purchases shall be made in accordance 593
with the legal requirements applicable to contracts and purchases by Minnesota cities. 594
595
ARTICLE X 596
WITHDRAWAL 597
598
Section 10.1. Notice of Withdrawal. Any Member may at any time prior to June 1 of a 599
given year, give written notice of withdrawal from Metro-INET. Written notice of withdrawal 600
submitted prior to June 1 shall be a timely withdrawal and the Member shall not be responsible for 601
its share of the next year’s budget not already made the obligation of the Member by a prior, multi-602
year budget commitment approved by the Board. The withdrawing Member’s financial obligation 603
prior to withdrawal upon timely notice will be based on the Charge 1, 2 and 3 Charges outstanding 604
for the remainder of the calendar year and additional years for which the Board committed Metro-605
INET to such financial obligation while the Member was with Metro-INET as a Member. In such 606
case the Member shall be responsible for the net present value of its a pro rata share of such 607
commitment. Written notice of withdrawal after June 1, shall be untimely for purposes of 608
withdrawal prior to the next calendar year but shall serve as notice for withdrawal effective the 609
year following. A Member’s nonpayment of charges as set forth herein or its failure to comply 610
with Metro-INET operational security requirements or other policy prescribed by the Board, 611
without cure after written notice and a reasonable time to cure, shall constitute the Member’s notice 612
of withdrawal from Metro-INET as determined by the Board pursuant to Section 4.8 at a regular 613
or special meeting. All Member withdrawals shall take effect at the end of the applicable fiscal 614
year, unless otherwise provided by the Board. 615
616
Section 10.2. Claim to Assets upon Withdrawal. A Member’s withdrawal from Metro-617
INET at a time when such withdrawal does not result in dissolution of the organization shall forfeit 618
the Member’s claim to any assets of the organization except that it shall have access to any 619
software developed for its use while it was a Member in accordance with and subject to the 620
provisions of Article XIII, Section 13.5(b). 621
622
Section 10.3. Financial Obligations upon Withdrawal. Upon withdrawal the Member 623
shall continue to be responsible (1) for all of its prorated share of any unpaid Class 2 Charges; (2) 624
for its share of Class 1 Charges to the effective date of withdrawal; (3) for its share of any Class 3 625
Charges to the effective date of withdrawal; and (4) for any contractual obligations it has separately 626
incurred with Metro-INET. 627
628
12
Section 10.4. Financial Obligations prior to Withdrawal. A Member who has not given 629
notice of withdrawal on or before June 1 of a given year is obligated for the budgeted revenues 630
and the cost sharing charges fixed by the Board for the ensuing fiscal year in accordance with 631
Article IX. 632
633
ARTICLE XI 634
ASSOCIATES 635
636
Section 11.1. Associates. It is understood that certain LGUs may desire to enter into a 637
contractual arrangement with Metro-INET for limited IT Services. Such LGUs may affiliate with 638
Metro-INET as “Associates.” 639
640
Section 11.2. Admission of Associates. An LGU desiring to become an Associate may do 641
so in the same manner as is applicable to becoming a Member, except as otherwise provided in 642
this Article. 643
644
Section 11.3. Confirmation of Associate Status. At the time of joining Metro-INET as 645
an Associate, the LGU shall indicate in writing that it is not joining as a Member but as an 646
Associate. 647
648
Section 11.4. Appointment of Director and Alternate Director. An Associate may 649
appoint a Director and an Alternate Director to the Board but such Director (or Alternate) shall be 650
without voting power, shall not be eligible to serve as an officer and shall not be counted for 651
quorum purposes. 652
653
Section 11.5. Charges. The Board shall establish the charges to be paid by Associates and 654
for that purpose it may classify Associates in accordance with their varying circumstances. 655
656
Section 11.6. Application to Become a Member. An Associate may apply for 657
membership status and become a Member upon the requisite vote as required in Article III, Section 658
3.5. 659
660
Section 11.7. Notice of Withdrawal as Associate. An Associate may discontinue its 661
association with Metro-INET at any time by giving written notice of withdrawal to the secretary. 662
Withdrawal shall not relieve such withdrawing Associate from its obligation to pay any charges 663
which the Associate has incurred up to the time of withdrawal. 664
665
ARTICLE XII 666
DISSOLUTION 667
668
Section 12.1. Dissolution. Metro-INET shall be dissolved whenever: (1) the total number 669
of remaining Members is less than five; or (2) by two-thirds of the votes represented by all 670
Members of the Board. 671
672
13
Section 12.2. Effectuation of Dissolution. In the event of dissolution, the Board shall 673
determine the measures necessary to effectuate the dissolution and shall provide for the taking of 674
such measures as promptly as circumstances permit and subject to the provisions of this JPA. 675
676
Section 12.3. Distribution of Assets and Payment of Outstanding Obligations. Upon 677
dissolution, the remaining assets of Metro-INET and payment of all of its outstanding obligations, 678
the remaining assets of Metro-INET shall be distributed among the then existing Members in 679
proportion to their contributions, as determined by the Board. 680
681
Section 12.4. Allocation of Deficit. If, upon dissolution, there is an organizational deficit, 682
such deficit shall be charged to and paid by the Members on a pro rata basis, based upon the Class 683
1 and 2 Charges incurred by such Members during the two years preceding the event which gave 684
rise to the dissolution. 685
686
Section 12.5. Distribution of Computer Software. In the event of dissolution the 687
following provisions shall govern the distribution of computer software owned by or licensed to 688
Metro-INET: 689
690
(a) All such software shall be an asset of Metro-INET. 691
692
(b) A Member or former Member may use (but may not authorize reuse by others) any 693
software developed during its membership upon (1) paying any unpaid sums due 694
Metro-INET; (2) paying the costs of taking such software; and (3) complying with 695
reasonable rules and regulations of the Board relating to the taking and use of such 696
software. Such rules and regulations may include a reasonable time within which 697
such software must be taken by any Member or former Member desiring to do so. 698
699
ARTICLE XIII 700
INDEMNIFICATION 701
702
Section 13.1. Cooperative Activity of Single Governmental Unit. Metro-INET shall be 703
considered a separate and distinct public entity to which the Members have transferred all 704
responsibility and control for actions taken pursuant to this JPA. To the fullest extent permitted by 705
law, actions by the Members pursuant to this JPA are intended to be and shall be construed as a 706
“cooperative activity” and it is the intent of the Members that they shall be deemed a “single 707
governmental unit” for the purposes of liability, as set forth in Minnesota Statutes, Section 471.59, 708
subdivision 1a (a); provided further that for purposes of that statute, each Member expressly 709
declines responsibility for the acts or omissions of the other party. The Members are not liable for 710
the acts or omissions of the other Members except to the extent to which they have agreed in 711
writing to be responsible. 712
Section 13.2. Indemnification. Metro-INET shall defend, indemnify and hold harmless 713
the Members against all claims, losses, liabilities, suits, judgments, costs and expenses arising out 714
of action or inaction of the Board, its Directors or Alternates, the Fiscal Agent, the executive 715
director and other employees or agents of Metro-INET pursuant to this JPA. Metro-INET shall 716
defend and indemnify the employees of any Member acting pursuant to the JPA except for any act 717
or omission for which the Member’s employee is guilty of malfeasance, willful neglect of duty or 718
14
bad faith. A Member shall defend, indemnity and hold harmless Metro-INET against all claims, 719
losses, liabilities, suits, judgments, costs, and expenses arising out of action or inaction of the 720
Member regarding the Member’s Data. This JPA to defend and indemnify does not constitute a 721
waiver by Metro-INET or any Member of the limitations on liability provided by Minnesota 722
Statutes, Chapter 466. 723
ARTICLE XIV 724
AMENDMENT 725
726
Section 14.1. Amendment of JPA. This JPA sets forth all understandings of the Members. 727
All prior agreements, understandings, representations whether consistent or inconsistent, verbal or 728
written, concerning this JPA, are merged into and superseded by this written JPA. No modification 729
or amendment to the JPA shall be binding unless all Members agree in writing to the proposed 730
change or amendment. 731
ARTICLE XV 732
MISCELLANEOUS 733
734
Section 15.1. Data Practices. The Members agree to comply with the Minnesota 735
Government Data Practices Act, Minnesota Statutes, Chapter 13, as it applies to all data created, 736
collected, received, stored, used, maintained or disseminated by Metro-INET. If a Member 737
receives a request to release the data referred to in this section, it must immediately notify the 738
executive director. The executive director will give the Member who has received the data request 739
instructions concerning the release of the data to the requester before the data is released. 740
Section 15.2. Audit. The books, records and documents relevant to this JPA are subject to 741
audit by the Members and the State of Minnesota at reasonable times upon written notice. 742
Section 15.3. Counterparts. This JPA may be executed simultaneously in two or more 743
counterparts, each of which will be deemed an original, but all of which together will constitute 744
one and the same instrument. 745
Section 15.4. Headings. The subject headings of the sections and subsections of the JPA 746
are included for purposes of convenience only, and shall not affect the construction of 747
interpretation of any of its provisions. 748
Section 15.5. Severability. In case any one or more of the provisions of this JPA shall be 749
invalid, illegal, or unenforceable in any respect, the validity, legality and enforceability of the 750
remaining provisions contained in this JPA will not in any way be affected or impaired thereby. 751
Section 15.6. Applicable Law. This JPA shall be governed by and construed in accordance 752
with the laws of the State of Minnesota. Any disputes, controversies, or claims arising out of this 753
JPA shall be heard in Minnesota state district or courts with the venue being in Ramsey County, 754
and the Members waive any objection to the jurisdiction of these courts, whether based on 755
convenience or otherwise. 756
15
ARTICLE XVI 757
DURATION 758
759
Section 16.1. Term. This JPA shall continue in effect indefinitely until terminated in 760
accordance with its terms. 761
762
16
IN WITNESS WHEREOF, the undersigned local governmental unit has caused this JPA 763
to be signed and delivered on its behalf. 764
765
766
767
768
769
(Name of LGU) 770
771
By: 772
773
Its: 774
775
776
By: 777
778
Its: 779
780
Dated: , 20___. 781
2021 Member Budget 3,559,694$ Budget Share RoundUp Votes
AH Arden Hills 81,645$ 2.29%3.00%3
ANO Anoka 310,909$ 8.73%9.00%9
BV Birchwood Village 8,312$ 0.23%1.00%1
CCW Coon Creek Watershed 39,980$ 1.12%2.00%2
CFD Centennial Fire 17,234$ 0.48%1.00%1
CLPD Centennial Lakes Police 54,333$ 1.53%2.00%2
CP Circle Pines 50,772$ 1.43%2.00%2
CV Centerville 28,549$ 0.80%1.00%1
EB East Bethel 52,794$ 1.48%2.00%2
FH Falcon Heights 48,511$ 1.36%2.00%2
FL Forest Lake 171,330$ 4.81%5.00%5
GL Gem Lake 5,786$ 0.16%1.00%1
HL Ham Lake 54,323$ 1.53%2.00%2
HUGO Hugo 86,070$ 2.42%3.00%3
LAU Lauderdale 19,598$ 0.55%1.00%1
LC Little Canada 63,805$ 1.79%2.00%2
LCFD Little Canada Fire 12,688$ 0.36%1.00%1
LE Lake Elmo 80,407$ 2.26%3.00%3
LEX Lexington 29,125$ 0.82%1.00%1
LJFD Lake Johanna Fire 41,667$ 1.17%2.00%2
LL Lino Lakes 218,604$ 6.14%7.00%7
MAH Mahtomedi 56,521$ 1.59%2.00%2
MV Mounds View 160,718$ 4.51%5.00%5
MW Maplewood 69,006$ 1.94%2.00%2
MWMO Mississippi Watershed 47,877$ 1.34%2.00%2
NO North Oaks 20,139$ 0.57%1.00%1
NSP North St. Paul 222,401$ 6.25%7.00%7
OAK Oakdale 264,286$ 7.42%8.00%8
RV Roseville 678,842$ 19.07%20.00%20
RW RWMWD 59,505$ 1.67%2.00%2
SA Saint Anthony 186,022$ 5.23%6.00%6
STF Saint Francis 132,379$ 3.72%4.00%4
VH Vadnais Heights 115,580$ 3.25%4.00%4
VLM Vadnais Lakes Watershed 14,447$ 0.41%1.00%1
WBT White Bear Twp 55,529$ 1.56%2.00%2
3,559,694$
Total 119
Needed to Pass 60
Metro I‐NET Program Description
Code Program Name Description
Core Services
A1 USER SUPPORT Personnel, operating costs, associated software and licensing
A2 COMPUTER SUPPORT Personnel, software and licensing associated with computer deployment, software distribution and maintenance
A3 EXCHANGE EMAIL SUPPORT Microsoft Exchange email support, client access licensing, email filtering, archiving, and associated server costs
A4 WINDOWS SERVER SUPPORT Microsoft server operating system support, licensing, updates, and application support
A5 NETWORK SYSTEM SUPPORT Network support and configuration of switches, routers, firewalls, and other misc. network equipment
A6 LAN/WAN Metro I‐NET shared network equipment, fiber leases/locates, denial of service protection, and internet access
Supplemental Services
V01 CISCO TELEPHONY Cisco phones, call manager, voicemail, jabber, and associated hardware/licensing
S01 ADOBE SUBSCRIPTIONS Adobe licensing and support
S02 MOBILITY SERVICES Remote computer access ‐ Netmotion, Remote Desktop, Splashtop, and/or Anyconnect
S03 OPEN PROGRAM
S04 LASERFICHE Laserfiche licensing, support, and server costs
S05 MILESTONE VMS Milestone Camera/VMS licensing, support, and server costs
S06 ARBITRATOR VPU/BWC Arbitrator squad/body camera video licensing, support, and server costs
S07 FACILITY WI‐FI Cisco wireless controllers, support, and access point licensing
S08 vSAN Server virtualization hardware and software, backup servers, tape libraries, and associated licensing/support
S09 S2 CARD ACCESS S2 card access / door controller software and support
S10 CISCO SMARTNET Advanced Cisco support on individual agency network equipment
S11 FIBER MAINTENANCE Fiber locates and maintenance on individual agency fiber connectivity
S12 OPEN PROGRAM
S13 LETG RMS LETG RMS (Police) shared server, storage, support, and licensing
TRANSITION PLAN FOR METRO I-NET
This plan is created to guide the transition from City of Roseville Metro I-Net (RMI) to
Metro I-Net Joint Powers Authority (MIJPA)
Purpose of transition plan
• Allow for orderly transition of operations, personnel, and assets from RMI to
MIJPA
• Identify transition costs
• Create a measured pace of transition to allow for comfort of existing RMI
employees and RMI agencies
Given where we find ourselves here in 2020, during the COVID pandemic, this
transition plan is underpinned by the following milestones:
• In 2020, the framework and costs of the new MIJPA will be established and
agreed upon by the RMI agencies.
• In 2021, the MIJPA as an entity will be established, the MIJPA Board will be
elected and begin to meet, and the MIJPA Executive Director will be hired and
begin to create an institutional framework for the MIJPA
• In 2022, all assets and personnel will be assigned to the MIJPA
TIMELINE FOR WORK FOR 2020 (MIJPA CREATION)
Summary: The working group will finalize the draft joint powers agreement and send it
out for review by agency managers and their legal counsels. Metro I-Net members are
expected to approve the JPA by the end of the year.
The City of Roseville, in conjunction with RMI staff will identify costs to service MIJPA
during the interim period of the transition in 2021 and begin the process of identifying
costs for transferring assets from RMI to MIJPA
DETAILS OF 2020 WORK PLAN
METRO I-NET WORKING GROUP
In 2020, the Metro I-Net Working Group will do the following:
• Approve JPA transition plan
• Review draft Joint Powers Agreement
• Finalize language with Attorney Strommen
• Review JPA transition costs for 2021
• Identify long-term cost estimates for administrative/financial/legal services for
MIJPA
• Provide member agencies an estimate of costs for the transition and final
implementation of the MIJPA
• Assist in getting approval of JPA by all member agencies
CITY OF ROSEVILLE/ROSEVILLE METRO I-NET
In 2020, the City of Roseville/Roseville Metro I-Net will do the following:
• Identify costs to serve MIJPA during the transition
• Identify costs for transferring assets to MIJPA
• Assist the working group in identifying long-term costs for
administrative/financial/legal services for MIJPA
• Assist in getting approval of JPA by all member agencies
METRO I-NET MEMBER AGENCIES
In 2020, the Roseville Metro I-Net member agencies will do the following:
• Review the draft Metro I-Net joint powers agreement
• Secure approval of JPA from governing bodies
TIMELINE FOR WORK FOR 2021(MIJPA TRANSITION)
Summary: Upon approval of the joint powers agreement by all member agencies, the
MIJPA will officially incorporate. Per the joint powers agreement, the board of the
directors for the MIJPA will convene and elect officers. Once constituted, the MIJPA
Board officers will be elected and consider agreements to cover the transition period
(defined as calendar year 2021) for legal, administrative and financial services. The
Board will also recruit and hire the Metro I-Net Executive Director (MIED). Once hired,
the MIED will begin drafting organizational policies and determine longer term legal,
HR/Administrative, and financial services as well as determining and securing space
needs.
In order to allow for an orderly transition in employees receiving wages and benefits and
to ensure minimal disruption to member agency services, Metro I-Net employees will
remain employees of the City of Roseville during 2021.
DETAILS OF 2021 WORK PLAN
METRO I-NET BOARD
• Incorporate Metro I-Net as a joint powers authority
• Hold first board business meeting
o Elect Chair and other officers
o Enter into agreements for interim period of 2021
Legal
HR/Admin
Financial
• Begin recruitment and hire Metro I-Net Executive Director (MIED)
• Enter into agreement with City of Roseville regarding management of Roseville
Metro I-Net employees by Metro I-Net Executive Director during interim period
• Carry out board business as described in joint powers agreement, including
setting a 2022 budget.
METRO I-NET EXECUTIVE DIRECTOR
• MIED is sole employee of MIJPA
• MIED focuses on administrative duties
O Organizational policies
O Service Contracts
Legal
Administrative/HR
Financial/Payroll
O Determining space needs and securing space
CITY OF ROSEVILLE/ROSEVILLE METRO I-NET
• Provide administrative/HR/financial services to MIJPA
• Enter into agreement with MIJPA regarding management of Roseville Metro I-
Net employees by Metro I-Net Executive Director during interim period
• Assist in transition of RMI assets and employees to MIJPA employees at the start
of 2022
MIJPA TRANSITION COMPLETE – JANUARY 2022
City Manager’s Office
Memo
To: Metro-INET Members
cc: Pete Bauer & Jason Swalley, Metro-INET
From: Patrick Trudgeon, Roseville City Manager
Date: December 1, 2020
Re: Metro-INET Joint Powers Agreement
Metro-INET originally started as a collaboration between Roseville and Mounds View to
share IT resources in 1999. Since that time, Metro-INET has grown to 35 member
organizations receiving full IT services and 9 associate members receiving limited IT services.
Not only has the number of Metro-INET members grown, each member agency’s needs have
grown exponentially. Some examples in recent years include the deployment of laser fiche,
remote computer access, electronic door access, wireless access points, as well as body cam
support for law enforcement.
Currently, Metro-INET is under organizational control of the Roseville City Manager and
Roseville City Council. All Metro-INET employees are actually Roseville employees and fall
under Roseville personnel policy, its liability coverage, and compensation structure. The
Roseville City Manager makes employment decisions for Metro-INET including the hiring
and termination of employees. The City of Roseville includes the $3.5 million Metro-INET
budget as part of its city budget.
While this arrangement has worked for many years, the following issues is making it harder to
keep Metro-INET sustainable into the future:
•Roseville City Council concern about the amount of Metro-INET staff and the
added liability and carrying costs for that amount of employees
•Roseville City Council concern the use of space within City given other city
department space needs
•The Roseville employee compensation plan lags behind the market for other local
governments and especially with LOGIS, a joint powers entity that provides IT
services to many local governments in the Twin Cities. LOGIS has recruited
several Metro-INET staff members over the past couple of years
•As a result of the Roseville compensation plan and organizational structure, it is
not possible to create the necessary executive leadership to guide the large $3.5
million Metro-INET enterprise
• Finally, it should be noted that the Roseville City Council could at any time
decide to no longer be the lead agency for Metro-INET and a result, breakup
Metro-INET and let members figure out how to best provide IT services for their
organization. It should be pointed out that Roseville City Council has not
discussed doing this, but it is always a potential concern in the future.
Having Metro-INET as a joint powers entity does provide members more direct control over
governance of Metro-INET, including costs, personnel, and policies and takes away
uncertainty of the future of Metro-INET.
In 2020, a sub-committee of Metro-INET members met to work on a draft of the joint powers
agreement. Working with Attorney Jim Strommen of Kennedy and Graven, the sub-
committee finalized the JPA document. The sub-committee shared the draft JPA agreement
with the League of Minnesota Cities General Counsel and the League of Minnesota Insurance
Trust staff for their review. They suggested several changes to the document that have been
incorporated into the final versions. Finally, the sub-committee distributed the draft document
to all members so that their specific city/board attorney could review the document. To-date,
we have not received any significant comments that changes the document.
The highlights of the joint powers agreement are as follows:
• The initial members of the JPA will be the current members of Metro-INET
• JPA is planned to become effective on 1/1/2021
• Metro-INET will be governed by a Board of Directors with each member having a
Director and Alternate designated
• Metro-INET board meetings subject to open meeting law
• Each member will have the number of votes equivalent to its share of the budget
• Members will not be allowed to vote if they are in default of their financial obligation
or violation of IT security policies
• Metro-INET board will meet at least four times (Jan., April, July, Oct.) annually
• Metro-INET board will have officers elected to 3-year terms
• Metro-INET board will have power take all action in establishing and managing the
operations of Metro-INET
• Metro-INET board will enter into a contract with a member to serve as the fiscal and
operations agent for the organization
• Metro-INET board will hire an executive director who will be responsible for day-to-
day operations
• The executive director will have broad authority to run the operations of Metro-INET
• The executive director can be terminated by a 2/3 vote of the Metro-INET board
• The Metro-INET board will establish an executive committee consisting of the 5
board officers. The fiscal agent and Executive Director will serve as ex officio
members of the executive committee in an advisory and non-voting capacity
• The executive committee would meet on a more frequent basis and work on duties as
assigned by the board such as the budget and administrative issues
• The JPA outlines the schedule for the creation and consideration of the annual budget.
• The JPA creates 3 different classes of charges
• Class 1 – Core Services
• Class 2 – Supplemental
• Class 3 – Necessary additional charges
• The class charges are described in more detail as Attachment A of the JPA
• The JPA outlines procedures for members to withdraw from Metro-INET
• JPA creates a Metro-INET “Associate” which is an entity that is receiving a
contractual service from Metro-INET
• The JPA has no termination date but does outline procedures to dissolve the
organization
For 2021, there are no additional costs that will be borne by members by entering into the
JPA. Costs for the transition have been incorporated into the budget numbers given to each
member earlier in 2020. It is expected that starting in 2022, there will be additional
administrative costs for the JPA. The final financial impact, however, will be decided by the
newly constituted Metro-INET board.
RESOLUTION 2020-
CITY OF HUGO
APPROVING 2021 REFUSE HAULERS LICENSES
The Hugo City Council approves the following refuse haulers licenses for 2021 subject to:
1. Payment of all license fees
2. Proof of insurance
3. Submission of completed license application
Whereupon said resolution was declared passed and adopted on December 21, 2020.
______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
License # Name
2021-1 Gene's Disposal
Hugo, MN
2021-2 SRC, Inc.
Forest Lake, MN
2021-3 Maroney's Sanitation, Inc.
Stillwater, MN
2021-4 Ace Solid Waste Management
Ramsey, MN
2021-5 Walters Recycling and Refuse
Circle Pines, MN
2021-6 Republic Services
Circle Pines, MN
2021-7 Waste Management
Blaine, MN
RESOLUTION 2020-
CITY OF HUGO
2021 LIQUOR AND TOBACCO LICENSES
The Hugo City Council approves the following liquor and tobacco licenses subject to:
1. Payment of all license fees.
2. Proof of liquor liability insurance.
3. Payment of all utility fees and property taxes.
4. Submission of all completed license applications.
5. Approval by the Washington County Sheriff.
ID #2613
GPR & ERA, INC., dba
BLACKSMITH LOUNGE
17205 Forest Blvd N
Hugo, MN 55038
(651) 429-4116
Off Sale Intox Lic. #2021-1
On Sale Intox Lic. #2021-1
On Sale Sunday Lic. #2021-1
Tobacco Lic. #2021-1
ID #14291
Saint Angus Grill, Inc. dba
SAL’S ANGUS GRILL
12010 Keystone Ave n
Stillwater, MN 55082
(651) 439-6625
Off Sale Intox Lic. #2021-3
On Sale Intox Lic. #2021-5
On Sale Sunday Lic. #2021-5
ID #1292
GAME BREEDES OF ONEKA, INC., dba
WILD WINGS OF ONEKA
9491 152nd St N
Hugo, MN 55038
(651) 439-4287
Club On Sale Lic. #2021-1
On Sale Sunday Lic. #2021-6
ID #6773
ONEKA RIDGE, LLC, dba
ONEKA RIDGE GOLF COURSE
5610 N 120th St
White Bear Lake, MN 55110
(651) 429-2390
On Sale Intox Lic. #2021-4
On Sale Sunday Lic. #2021-4
ID #20039
Aarthun Enterprises LLC dba
ON THE ROCKS WINE/SPIRITS
14775 Victor Hugo Blvd N.
Hugo, MN 55038
(651) 787-9466
Off Sale Intox Lic. #2021-2
ID #965
AMERICAN LEGION 620
HUGO AMERICAN LEGION POST
5383 140th St. N.
Hugo, MN 55038
(651) 429-1923
On Sale Intox. Lic. #2021-3
Sunday Liquor Lic. #2021-3
ID #22924 & #30470
AMIAN & ASIAN BISTRO
14755 Victor Hugo Blvd N.
Hugo, MN 55038
(612) 750-0419
On Sale Non-Intox Lic. #2021-1
On Sale Wine Lic. #2021-1
On Sale Sunday Lic. #2021-7
TRUCKERS INN/SUPER AMERICA
14815 Forest Blvd N.
Hugo, MN 55038
(651) 288-9998
Tobacco Lic. #2021-4
ID #25037
BLUE HERON GRILL
14725 Victor Hugo Blvd. N.
Hugo, MN 55038
(651) 260-7520
On Sale Intox Lic. #2021-2
On Sale Sunday Lic. #2021-2
ID #25912
KWIK TRIP
14730 Victor Hugo Blvd. N.
Hugo, MN 55038
(651) 407-5126
3.2 Off Sale Lic. #2021-1
Tobacco Lic. #2021-2
Resolution 2020-
Liquor and Tobacco Licenses
ID #6005
Sahawk of Hugo, Inc. dba
SAGER’S LIQUOR
14849 Forest Blvd. N.
Hugo, MN 55038
(651) 407-0364
Off Sale Lic. #2021-4
Tobacco Lic. #2021-3
ID#64550
KSIALL Company
MGM WINE & SPIRITS OF HUGO
5441 140th St. N.
Hugo, MN 55038
651-407-1712
Off sale Intox Lic. #2021-5
Tobacco Lic. #2021-5
ID#65040 & #65041
R&g Services Limited dba
RED’S SAVOY PIZZA
14755 Victor Hugo Blvd, Suite 106
Hugo, MN 55038
On Sale Non-Intox Lic. #2021-2
On Sale Wine Lic. #2021-2
On Sale Sunday Lic. #2021-8
ID #27880
Knowlan’s Super Market, Inc.
FESTIVAL FOODS
14775 Victor Hugo Blvd. N.
Hugo, MN 55038
(651) 483-9242
3.2 Off Sale Lic. #2021-2
Whereupon said resolution was declared passed and adopted on December 20, 2020.
______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
K:\010892-000\Admin\Construction Admin\Pay Voucher\Final Paperwork\010892-000 PV8 Final LTR to City120320.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM December 3, 2020
Mr. Bryan Bear
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: 130th Street Improvement Project
City of Hugo
S.A.P. 224-110-002
WSB Project No. R-010892-000
Dear Mr. Bear:
Please find enclosed Construction Pay Voucher No. 8 - Final for the above referenced project in
the amount of $143,183.26. The quantities completed to date have been reviewed and agreed
upon by the contractor, and we hereby recommend that the City of Hugo approve Construction
Pay Voucher No. 8 for Dresel Contracting, Inc.
We have also enclosed the following required documents:
1. Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms).
2. Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured (lien
waivers).
3. Consent of Surety to Final Payment certification from the contractor’s surety.
4. Two-year maintenance bond.
The amount indicated above reflects work to complete this project, without retainage applied.
Please include one executed copy of the pay voucher with the payment to Dresel Contracting,
Inc. and return one executed copy to our office for our file. If you have any questions or
comments regarding this voucher, please contact me at 651.286.8463.
Sincerely,
WSB
Mark Erichson, PE
Sr. Project Manager
Attachments
kkp
December 3, 2020
K:\013127-000\Admin\Construction Admin\Pay Vouchers\final paperwork\013127-000 PV6 FINAL LTR to City 120320.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM December 3, 2020
Mr. Bryan Bear
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Water’s Edge Stormwater Reuse – Phase 2
City of Hugo, MN
WSB Project No. R-013127-000
Dear Mr. Bear:
Please find enclosed Construction Pay Voucher No. 6 - Final for the above referenced project in
the amount of $65,759.40. The quantities completed to date have been reviewed and agreed
upon by the contractor, and we hereby recommend that the City of Hugo approve Construction
Pay Voucher No. 6 for Peterson Companies, Inc.
The final pay voucher includes a change order in the amount of $35,259.40. This change order is
for the contractor to add prevailing wages to the contract as is required for state funded projects.
The change order is also attached for your signature.
We have also enclosed the following required documents:
1. Satisfactory showing that the contractor has complied with the provisions of
Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms).
2. Evidence in the form of an affidavit that all claims against the contractor by
reasons of the contract have been fully paid or satisfactorily secured (lien
waivers).
3. Consent of Surety to Final Payment certification from the contractor’s surety.
4. Two-year maintenance bond.
The amount indicated above reflects work to complete this project, without retainage applied.
Please include one executed copy of the pay voucher with the payment to Peterson Companies,
Inc. and return one executed copy to our office for our file. If you have any questions or
comments regarding this voucher, please contact me at 651.286.8463.
Sincerely,
WSB
Mark Erichson, PE
Sr. Project Manager
Attachments
cc: Ray Theiler, WSB
kkp
December 3, 2020
11/17/2020 https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/c-/LGP14cQwS9ajJjpaMP8WSg__?FILE__=Print2&PARAMS__=4829087492…
https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/c-/LGP14cQwS9ajJjpaMP8WSg__?FILE__=Print2&PARAMS__=4829087492689637795 1/1
Contractor Affidavit Submitted
Thank you, your Contractor Affidavit has been approved.
Confirmation Summary
Confirmation Number:1-070-947-616
Submitted Date and Time:17-Nov-2020 11:08:54 AM
Legal Name:PETERSON COMPANIES INC
Federal Employer ID:41-1934913
User Who Submitted:jmiller@petersoncompanies.net
Type of Request Submitted:Contractor Affidavit
Affidavit Summary
Affidavit Number:1441652736
Minnesota ID:4235858
Project Owner:CITY OF HUGO
Project Number:19260F R-013127-000
Project Begin Date:04-Nov-2019
Project End Date:26-Oct-2020
Project Location:WATERS EDGE STORM REUSE P2, 5290 FARNHAM AVE N, HUGO, MN 55038-9004
Project Amount:$645,259.40
Subcontractor Summary
Name ID Affidavit Number
CASTREJON INC 3150389 832495616
KILLMER ELECTRIC CO INC 6718331 2086625280
Important Messages
A copy of this page must be provided to the contractor or government agency that hired you.
Contact Us
If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email)
withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday.
Please print this page for your records using the print or save functionality built into your browser.
30th July
20
Senior Credit Associate
1830 Craig Park Court
St. Louis, MO 63146
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Scott Anderson, Public Works Director
SUBJECT: Construction Payment Request #3
Hugo Public Works Facility
Ebert Construction
DATE: For the City Council Meeting of December 7, 2020
BACKGROUND
Please find the enclosed application for payment for the City of Hugo Public Works
Facility project in the amount of $193,821.55. The quantities completed to date have
been reviewed and agreed upon by the architect, contractor and city staff.
The amount indicated above reflects the work certified through October 13, 2021, with a
5% retainage applied. Total retainage being held for the project to date is $43,059.72.
DESIRED ACTION
Staff recommends the City Council approve payment request #3 in the amount of
$193,821.55 to Ebert Construction.
Agenda Number G.11
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: Carson Schifsky. Interim Use Permit (IUP) to allow a Landscaping
Business at 5725 165th Street North.
DATE: December 3, 2020, for the City Council Meeting December 7, 2020.
COMPREHENSIVE PLAN: Industrial (IND)
ZONING: Future Urban Service (FUS)
REVIEW DEADLINE: December 14, 2020 (60-days)
1. PLANNING COMMISSION UPDATE:
At its November 19, 2020, meeting the Planning Commission held a public hearing and
considered the request. Staff recommended approval of the IUP application, subject to the
conditions the permit and resolution. There was one resident that spoke during the public hearing
that stated they did not have a problem with the request and if the applicant wanted to use their
driveway temporarily that could be a discussion with them. The Planning Commission discussed
allowing additional vehicles and equipment on site, so the business could grow slowly. They all
generally agreed that could be okay.
The Planning Commission recommended approval of the IUP application, subject to the
conditions in the permit and resolution, with the revision that no more than 20 business related
vehicles and equipment can be stored on site. The vote was 6-0-1 (Mulvihill abstained).
2. DESCRIPTION OF REQUEST:
The applicant would like approval of an interim use permit to operate small landscaping and
excavation business at the property located at 5725 165th Street North.
Schifsky IUP
Page 2
2
3. LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City’s discretion in approving or denying an Interim Use Permit is limited to whether or not
the permit meets the standards outlined in the City Code. If it meets these standards, the City
must approve the interim use permit.
4. SURROUNDING LAND USE AND ZONING:
The properties to the north are zoned Future Urban Service (FUS) and are guided as High
Density Residential (HD) in the 2040 Land Use Plan. The properties are currently occupied by
homes on large lots. The properties to the east and south are zoned Restricted Industrial (RI-1)
and are guided as Industrial (IND) in the 2040 Land Use Plan. The properties are occupied by a
number of commercial and industrial business that include exterior storage. The properties to the
west are zoned Future Urban Service (FUS) and are guided as Medium Density Residential
(MD). The properties are currently occupied by homes on large lots.
5. ANALYSIS:
The purpose of interim use permits is to allow a use under certain conditions that would
otherwise not be allowed under the zoning regulations, but because of its temporary nature may
be acceptable. Interim use permits establish a framework for the regulation of temporary land
uses. The city council may authorize interim uses of property by issuance of interim use permits.
Interim uses that are not consistent with the land use designated on the adopted land use plan
may be authorized. Interim uses that fail to comply with the zoning standards established for the
district within which the use is located may also be authorized.
The applicant is currently has a purchase agreement for the property located at 5725 165th Street
North. The property is zoned Future Urban Service (FUS) and guided as Industrial (IND) in the
2040 Comprehensive Plan. The property is 10 acres and includes a house and two accessory
buildings. The property currently has a number of junk vehicles, storage containers, and debris
stored on the property. The interim use permit includes a condition that all junk vehicles, storage
containers, and debris shall be removed from the property prior to conducting the landscape
business on the property.
The applicant is requesting approval of an interim use permit to allow the operation of a small
landscaping and excavation business on the property. The applicant is also proposing to live in
the house on the property. The interim use permit is required since the property is zoned Future
Urban Service (FUS) and a landscape business is not an allowed use in that zoning district. The
property is unique in the underlying land use in the 2040 Comprehensive Plan is guided as
Industrial. Once municipal sewer is available, the property would be eligible to be rezoned to an
industrial zoning district which would allow a business of this type and other more intense uses.
Schifsky IUP
Page 3
3
Overview of Business Operations
The applicant has 10 employees, including himself. There are three office workers and seven
people that work in the field on job sites. The applicant has stated that this property would be
used as a base location for the business, such as a place to meet, park trucks and equipment, and
some material storage. Retails sales is not proposed at the property. Client meetings will be at the
client’s home or at the job site of which they will be working. The business hours are 7 a.m. to 6
p.m., Monday through Friday. The employees will meet at the property in the morning to load the
equipment and materials and leave to go to the job sites. Their personal vehicles will be left at
the property. At the end of the day they will return to the property to drop off the equipment and
leave to go home. The number of vehicle trips per day will be up to 26 trips per day. All
business related traffic shall be directed east towards Highway 61.
The business vehicles and equipment include:
• 2 Dump Trucks
• 3 Pickup Trucks (one of which is the applicants personal/work vehicle)
• 3 Equipment Trailers
• 3 Skid Loaders
• And 1 Mini Excavator
Most of the vehicles will be stored outside on the property on the existing gravel areas south of
the house location. There will also be a small area for material storage, such as dirt, gravel, and
rocks. They will use the accessory buildings on site for personal and business storage. The
Planning Commission made a recommendation to allow no more than 20 business related
vehicles and equipment on site.
The applicants goal is to grow the business, but does not expect that to happen until 2 to 3 years
from now. They interim use permit outlines the conditions which the business shall be
conducted.
The interim use permit shall be reviewed at one year from the approval date. At that time staff
will evaluate the condition of 165th Street North. It is currently mostly a gravel road and staff will
determine if this use will require the paving of 165th Street. This is a condition in the permit.
6. CRITERIA FOR APPROVAL OF AN INTERIM USE PERMIT:
There are a couple standards that shall be followed for interim use permits:
1. The term of an interim use permit shall not exceed three years.
2. Because of its temporary nature, an interim use permit shall not be renewed. Continuation
of an interim use beyond the date of expiration of its interim use permit requires approval
of a new interim use permit.
Schifsky IUP
Page 4
4
An application for an interim use permit may only be granted upon a finding that all the
following criteria have been met:
(1) The use shall conform to all zoning regulations.
Interim use permits allow uses that do not conform to the zoning district regulations to be
authorized under specific conditions in the permit. Attached is the draft interim use permit with
the conditions which the business operations shall comply with and follow.
(2) The use will not delay the permanent development of the site or prevent the orderly
development of surrounding sites.
The interim use permit is temporary and approved for a specific period of time. After it expires
the applicant will be required to apply for a new permit. 2040 Land Use Plan in the
Comprehensive Plan guides this property as Industrial (IND). There is a condition listed in the
interim use permit that when municipal sewer becomes available to the property, if the use
remains, the applicant shall apply to rezone the property to an industrial zoning district and
comply with all zoning regulations in the City Code. The zoning regulations include but are not
limited to site improvements (asphalt, curb and gutter, stormwater management, landscaping,
etc.) and meeting the commercial and industrial construction standards.
The proposed use will not delay the permanent development of the site or prevent the orderly
development of the surrounding sites.
(3) The use will not adversely impact implementation of the comprehensive plan.
The interim use permit is temporary and approved for a specific period of time. The use will not
adversely impact the implementation of the comprehensive plan. As stated above the 2040 Land
Use Plan in the Comprehensive Plan guides this property as Industrial (IND). A use of this nature
would be allowed on a property zoned industrial, but would need to conform with all zoning
requirements in the City Code. It is expected this property will be zoned to an industrial zoning
district in the future.
(4) The use will not be in conflict with any provisions of the code.
The use will meet the standards in the interim use permit ordinance.
(5) The use will not adversely impact nearby properties through characteristics including
but not limited to, nuisance, noise, traffic, dust, or unsightliness and will not otherwise
adversely impact the health, safety and welfare of the community.
The area is characterized as a an industrial/commercial setting occupied by industrial uses with
exterior storage directly to the east of the property. There are also a few residential homes to the
north and west are the located on large lots. Further the property is guided as industrial in the
2040 Comprehensive Plan. There will additional traffic with this use, however this area is
expected to have additional traffic as it develops. The business activity proposed on this site
would be compatible with the industrial/commercial setting in the area. The proposed use is
compatible with the character of the surrounding area.
Schifsky IUP
Page 5
5
(6) The date or event that will terminate the use has been identified with certainty.
The interim use permit states the permit will expire two years after the approval date.
(7) The use shall not cause or impose additional costs to the City of Hugo.
The proposed use will not cause additional cost to the City.
7. CONCLUSION:
The applicant’s proposed business will not alter the appearance of the site, and there will be no
signs posted on the property. Because of the nature of the business being conducted largely off
site and exterior storage located behind the home, it should not have any adverse impacts to
adjacent property owners. There will be additional traffic on 165th Street, however, it will be
limited to 26 business related vehicle trips per day and shall be directed towards Highway 61.
Further the existing junk vehicles, storage containers, and debris shall be removed from the
property prior to conducting the landscape business on the property. The applicant understands
the limitations imposed by interim use permit. It is the staff’s opinion that the request is in
conformance with criteria outlined by the ordinance for the granting of an interim use permit.
8. STAFF RECOMMENDATION:
Staff recommends approval of the interim use permit, subject to the conditions listed in the
resolution and permit.
9. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission recommended approval of the IUP application, subject to the
conditions in the permit and resolution, with the revision that no more than 20 business related
vehicles and equipment can be stored on site. The vote was 6-0-1 (Mulvihill abstained).
ATTACHMENTS:
1. Location Map
2. Resolution approving IUP
3. Interim Use Permit
4. Site Plan
5. Narrative from Applicant
6. Current Zoning Map
7. 2040 Land Use Map
RESOLUTION 2020-____
APPROVING AN INTERIM USE PERMIT TO ALLOW FOR THE OPERATION
OF A LANDSCAPING AND EXCAVATION BUSINESS ON PROPERTY
LOCATED AT 5725 165TH STREET NORTH
WHEREAS, Carson Schifsky has requested approval of an interim use permit to allow
for the operation of a landscaping and excavation business on the property legally
described as follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed the request at a duly called Public
Hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by Carson Schifsky for an interim use permit to allow for the operation
landscaping and excavation business, subject to the conditions included therein:
1. The applicant shall meet all conditions listed in the interim use permit other
than amended with this approval.
2. The permit shall be approved for duration of 2 years, with review of the
permit 1 year.
3. All exterior storage of vehicles and equipment shall be located in a defined
area to the south of the accessory building and shall be fully screened from
view from adjacent properties.
4. A landscaping and screening plan is subject to further review and approval by
staff prior to installation.
ADOPTED by the City Council this 7th day of December, 2020.
______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
INTERIM USE PERMIT
DATE OF APPROVAL: December 7, 2020
APPLINCANT/PROPRTY OWNER: Carson Schifsky
DURATION: The permit shall be approved for duration of two years from the approval,
subject to a one-year review by staff. Continued review by staff of the impacts to
surrounding properties shall be conducted. This permit shall expire after two years or if
there is a change in ownership of the property. This permit shall not be transferred.
ADDRESS FOR WHICH INTERIM USE PERMIT IS GRANTED: 5725 165th Street
North.
LEGAL DESCRIPTION: See attached Exhibit A
ZONING DISTRICT: Future Urban Service (FUS)
2040 LAND USE: Industrial (IND)
THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING:
A landscape and excavation business for the property located at 5725 165th Street North
subject to the following conditions:
1. The landscape and excavation business shall operate in a manner that is consistent
with Exhibit B attached to this permit.
2. The permit shall not be transferred. The property owner shall provide the City with
updated contact information.
3. The applicant shall own the property prior to the commencement of business
operations.
4. All existing junk vehicles, storage containers, and debris shall be removed from the
property prior to commencement of the business on the property.
5. All business traffic leaving the property shall be directed east towards Highway 61.
Likewise, traffic to the property shall come from Highway 61.
6. At the one year review staff will evaluate the condition of 165th Street North. Staff
will determine if this use will require the paving of 165th Street. If it is determined by
staff that it needs to be paved, the property owner shall pave 165th Street at their
expense.
7. There is not a permanent access permit approved for the property. The access to the
property will be further evaluated at the time the property owner requests a rezoning
of the property.
8. When municipal sewer is available to the property the property owner shall apply for
the property to be zoned accordingly for the use and all City Code requirements shall
be meet and complied with such as site improvement requirements and construction
standards.
9. No commodities shall be sold on the premises except incidental materials or
agricultural products.
10. No alterations to the exterior of the dwelling or the accessory structure that changes
the residential character of the premises shall be permitted, except where required to
comply with local and state fire and police recommendations.
11. No on street parking shall be permitted related to the business.
12. The home occupation shall not involve the use of hazardous materials or the activities
that require a Hazardous Waste Generator’s License.
13. No more than 10 employees shall be allowed for the business.
14. The site shall be limited to no more than 20 business related vehicles and equipment.
The current vehicles and equipment includes:
• 2 Dump Trucks
• 3 Pickup Trucks (one of which is the applicants personal/work vehicle)
• 3 Equipment Trailers
• 3 Skid Loaders
• And 1 Mini Excavator
15. The exterior storage area shall be fully screened from adjacent properties and the
public right-of-way. The exterior storage shall meet Exhibit B. All landscaping and
screening used to screen this area must be installed by June 31, 2020. Prior to
installation, a landscaping and screening plan is subject to further review and
approval by the staff. The landscaping shall be maintained as shown on the landscape
plan.
16. Hours of operation shall be from 7:00 am to 6:00 pm, Monday through Friday.
17. Any revisions to these conditions requires approval of a new interim use permit.
ADOPTED by the City Council this 7th day of December, 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
acknowledge said instrument to be the free act and deed of said City of Hugo.
__________________________________________
Notary Public
___________
Carson Schifsky, Owner
STATE OF MINNESOTA )
) ss. (Individual Notary)
COUNTY OF WASHINGTON)
On this ____ day of ___________, 2020, before me, a Notary Public within and
for said County, personally appeared Carson Schifsky, 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 INSTRUMENT WAS DRAFTED BY: THE CITY OF HUGO
14669 Fitzgerald Avenue North
Hugo, MN 55038
165th Street North
Schifsky's IUP
Location Map
Hugo, MN
Roads
Hugo Border
Parcel Boundary
¯0 200Feet1 in = 200 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2020\Schifsky's IUP.mxdSite
Suess Property: 5725 165th Street N. Hugo, MN
Below will be a general scope of what we wish to accomplish at the Suess property and how we
would go about improving the site.
Background: We are a small but growing landscape and excavation company currently in
Stillwater, MN. We are looking to grow and need more space to do this. Hugo presents a good
opportunity for growth, seeing as it is growing as well. Between the easy access to the cities
with Highway 35 and the growing region of Hugo and Forest Lake, we feel that this would be a
great area to be in.
We currently employ Ten people, three of which work in the office and eight that work in the
field. On any given morning there will be 4-6 people to meet at the shop to load equipment and
leave the shop around 7-8am. They will be gone throughout the day and then return around
4-6pm to drop off equipment and then leave.
An average day during phase one will be 2-4 round trips with dump trucks and 2-6 round trips
with pickup trucks or cars for office personnel/clients. All traffic will be directed towards Highway
61. Total additional traffic count for 165th Street to be 20 vehicles throughout the day.
As our company grows, I do not foresee the size of our company creating any issues regarding
noise or dust. The current nature of our business is that we are only there with equipment in the
morning and the evening to load or unload.
Our current operating hours are monday through friday 7am - 5pm. Occasionally we will work
the weekends or office staff will come in on weekends.
Phase 1: All buildings on property to be saved.
Outdoor storage as labeled for phase 1 in plan.
Screening as labeled for phase 1 in plan.
Phase 1 Improvements & Maintenance:
The goal for phase one is to use capital to purchase the property. This would not leave much
money in the budget for property improvements this season. The goal would be to make minor
improvements, such as improve gravel parking lots, improve existing buildings on site, and add
screening.
Phase 1 Screening: For screening we will use a mix of evergreen trees and other trees/ shrubs
to hide any outdoor storage from neighboring lots. The goal is to create a natural and clean
appearing lot line to hide equipment from eyesight for security as well as keeping neighbors
happy.
Questions asked per email:
-Detail outdoor storage areas and what will be stored?
Schifsky Companies is by no means a large company. It employs ten people at this time
and storage space needed would be minimal. The plan accurately depicts what we currently
have for equipment and where it would be stored. The purpose of relocating is to allow the
business to grow. This is why we have designated additional outdoor storage areas on the plan
allowing for that growth. Below is an inventory of all current assets that will be stored outside on
this property.
2 Dump trucks
3 pickup trucks
3 equipment trailers
3 skid loaders
1 mini excavator
-Details on the number of vehicle trips per day?
We currently have five vehicles total. This would mean that two dump trucks and three
pickup trucks would leave in the morning to go to job sites and then return at the end of the day.
This equates to 10 additional vehicles on that road per day. It is safe to say as we grow
additional vehicles will be on that road.
Attached are some references of businesses similar (however these are significantly larger than
us) to ours that we would like to mimic and set up our operations in a similar manner to these
companies some day in the future as funds become available and we grow to a size that
supports this.
Perficut:
https://www.youtube.com/watch?v=-J94L81wrUA
Troy Clogg Associates:
https://www.youtube.com/watch?v=z7fA098VbV8
Zoning M ap
Zoning Districts
(LA) Long Term
Agricultural
(AG)
Agricultural
(RR) Rural
Residen tial
(R-1) Large Lot
Single Family
Residen tial
(R-3) Single
Family
Detached
Residential
(CR-3) Central
Residential
(R-4) Low
Den sity Multiple
Family
Residential
(R-5) Medium
Density Multiple
Family
Residen tial
(NS)
Neighborhood
Service
(RC-1)
Restricted
Commercial
(C-1) Central
Business
(C-2) General
Business
(FCB) Future
Cen tral
Business
(BP) Business
Park
(RI-1)
Restricted
Industrial
(I-3) General
Industrial
(F US) Future
Urban Service
(PUD) Planned
Unit
Develop ment
WaterMap Powered by D ataLink
November 16, 2020
Map P owered By DataLink
1 in = 376 ft
±
Land Use Map
2040 Land Use
Agriculture (AG)
Large Lot
Residential (LL)
Very Low
Density (VLD)
Low Density
Residential (LD)
Medium
DensityResid...
(MD)
High Density
Residential
(HD)
Mixed Use
(MIX)
Commercial
(COM)
Business Park
(BP)
Industrial (IND)
Public/Quasi-...
(PQ)
Open Water
ROW
Map Powered by DataLink
November 16, 2020
Map Powered By DataLink
1 in = 376 ft
±
Agenda Item:
CITY OF HUGO
Memorandum
TO: Bryan Bear, City Administrator
FROM: Shayla Denaway, Parks Planner
SUBJECT: Goodview Avenue Trail Feasibility Study
DATE: December 3, 2020 for the City Council Meeting of December 7, 2020
1. INTRODUCTION:
The Parks, Recreation and Open Space Commission recommends approval of the Goodview
Avenue Trail Feasibility Study, but is not recommending construction at this time.
2. BACKGROUND:
The City of Hugo applied for funding through Living Healthy Washington County’s Active
Living Partnership Program in November 2019. The funding is made available through the
Statewide Health Improvement Program. The Parks Commission included studying the
feasibility of a trail on Goodview Avenue in their 2020 goals. A contract with Washington
County was executed in February 2020, awarding the City of Hugo $10,000 for the project. A
the Parks Commission meeting of April 15, 2020 and May 5, 2020 a proposal from WSB to
conduct the study was approved.
3. TRAIL FEASIBILITY STUDY:
The scope of the Trail Study is along Goodview Avenue between 145h Street and Egg Lake
Road, a trail corridor that is included in the City’s trail plan. This corridor is frequently
discussed by Parks Commission and the importance was identified during the 2040
Comprehensive Plan updates.
Through this corridor, Goodview Avenue has wetlands along both sides which were delineated.
That informed the drafting of conceptual trail layouts.
At their meeting of August 19, 2020, the Parks Commission reviewed concepts for the trail
corridor. Construction of a trail between 145th Street and Geneva Avenue were explored but not
carried forward due to the wetland impacts and high construction costs. Instead, an on-street
Page 2
Goodvie Trail Study
December 3, 2020
pedestrian route was shown through Diamond Point West along Geneva Avenue. Concepts
between Geneva Avenue and Egg Lake Road were shown as a 5’ wide paved trail on both sides
of the road and a 10’ wide boardwalk/ 8’ wide trail on the west side. Marking the roadway with
share the road signage was also discussed. The Parks Commission recommended 5’ wide paved
trails on both sides of the roadway for the entire corridor be pursued, or at least on the west side.
At the Parks Commission meeting of September 16, 2020, Candace Amberg from WSB
presented 30% plans that included an 8’ trail on the west side of Goodview Avenue with a 5’
wide buffer. These included cost estimates. Between 145th Street and Geneva Avenue,
construction was estimated to cost between $1.4 million and $1.8 million. Between Geneva
Avenue and Egg Lake Road, construction was estimated to cost between $500,000 and $650,000.
These costs included estimates for the acquisition of trail easements and wetland replacement,
but did not include soil corrections. The Parks Commission recommended approval of the study,
but did not want to move forward with construction unless grant funding becomes available.
4. CONCLUSION
The Parks, Recreation, and Open Space Commission recommends approval of the Goodview
Avenue Trail Study and Preferred Layout.
ATTACHMENTS
1) Goodview Avenue Trail Feasibility Study Concepts dated August 14, 2020
2) Goodview Trail Preferred Layout dated September 11, 2020
3) Feasibility Plan Memo dated September 16, 2020
4) Estimate of Probable Costs dated September 16, 2020
Goodview Avenue Trail Feasibility | Overall Trail Network
Hugo, Minnesota
July 10, 2020 | WSB Project number: 016114-000
OPTIONS FOR PEDESTRIAN ROUTES ALONG GOODVIEW AVE N FROM 145TH ST N TO GOODVIEW AVE N WERE EXPLORED
BUT DUE TO NUMEROUS IMPACTS AND HIGH CONSTRUCTION COSTS, THESE OPTIONS WERE NOT CARRIED FORWARD
INTO THE FEASIBILITY PLAN FOR CONSIDERATION AT THIS TIME.
Scale in Feet
400’0’ 100’200’
POTENTIAL FUTURE
TRAIL CONNECTION
FROM EGG LAKE
ROAD TO ONEKA LAKE
BLVD N AND FURTHER
NORTH PER CITY 2040
COMPREHENSIVE TRAILS
PLAN
FEASIBILITY OVERVIEW
EXISTING PHOTOS
P
T
F
HANIFL PARKHANIFL PARK
RICE LAKERICE LAKE
PROPOSED TRAIL CONNECTION
BETWEEN GOODVIEW AVE N AT
GENEVA AVE N AND HANIFL PARK
AS PART OF NEW DEVELOPMENT
P
B
G
A
E G G L A K E R D N
EGG
L
A
K
E
R
D
N
145TH ST N145TH ST N
DIAMOND DIAMOND
POINT PARKPOINT PARK
EGG LAKE ROAD: EXISTING WIDE PAVED
SHOULDERS AND A CONCRETE WALK ON
SOUTH SIDE BETWEEN GOODVIEW AVE N
AND HWY 61 PROVIDE CONNECTION TO THE
HARDWOOD CREEK REGIONAL TRAIL
EGOODVIEW AVE NGGGGGGGGGGGGGGGOGOGOGOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOOODDDDDDDDDDDDVDDVVVDVDVVVVVVVVVVVVVVVVIIIIIIIIEEEEEEEWWWWEWEWWWWWWWWWWWWWWWWWWWWWWWWW AAWAWAAAW AWAWAAAAAVAAAAVAAAAVAVVAAAVVVVVVVVVVVVVVVVVVVVVVEEEEEEEEEENNNNNNNNNNNNNNGOODVIEW AVENGOODVIEW AVE N FROM 145TH
ST N TO GENEVA AVE N: DUE TO
CONSIDERABLE IMPACTS AND COSTS,
THIS ROUTE WAS NOT CARRIED
FORWARD AS A FEASIBLE OPTION FOR
CONSIDERATION AT THIS TIME
G
S
C
T
GOODVIEW AVE N FROM GENEVA
AVE N TO EGG LAKE RD: ROUTE
DEEMED AS FEASIBLE OPTION FOR
CONSIDERATION
G
A
D
C
NEIGHBORHOOD ON-STREET
ROUTE: ROUTE DEEMED
AS FEASIBLE OPTION FOR
CONSIDERATION PER CITY 2040
COMPREHENSIVE TRAILS PLAN
N
R
A
C
C
GENEVA AVE NGGGGGEEEEENNNNNEEVVVVVVVAAAAAAAAAAAAAVVVVAAAAAAAAAAAVVVVVVVVVVAAAAAEEEEEENNNNGOODVIEW AVE N LOOKING SOUTH AT 145TH ST PED RAMP AT 145TH ST & GOODVIEW AVE N INTERSECTION GOODVIEW AVE N LOOKING SOUTH
Goodview Avenue Trail Feasibility | 145th St N to Geneva Ave N
Hugo, Minnesota
August 14, 2020 | WSB Project number: 016114-000K:\016114-000\Graphics\016114 Goodview Ave Trail FeasibilityScale in Feet
100’0’50’25’Section A
WETLAND BOUNDARY
ROW
GE
N
E
V
A
A
V
E
N
LOCATOR MAP
ROUTE DESCRIPTION:
• ADDED PEDESTRIAN RAMPS AND CROSSWALKS
FROM EXISTING WALKS AT 145TH ST N & GOODVIEW
AVE N
• 5’ CONCRETE SIDEWALK ON SOUTH SIDE OF 145TH ST
N BETWEEN GLENBROOK AVE N AND GOODVIEW AVE
N
• ON-STREET ROUTE FROM GLENBROOK AVE N/144TH
ST N TO GENEVA AVE N WITH WAYFINDING SIGNS
PRO’S:
• GENEVA AVE N IS A WIDE STREET ABLE TO
ACCOMMODATE VEHICLES AND BIKES
• GENEVA AVE N HAS SLOWER TRAFFIC THAN
GOODVIEW AVE N
• FEWER OVERALL IMPACTS THAN THE GOODVIEW AVE
N ROUTE
CON’S:
• LESS DIRECT ROUTE FROM GENEVA AVE N TO 145TH
ST N
• ROUTE MAY BE MORE CONFUSING TO USERS
• ON-STREET ROUTE IS NOT AS FAMILY FRIENDLY AS A
SEPARATED TRAIL OR WALK
• SOME LOCAL RESIDENTS MAY BE OPPOSED TO A
DESIGNATED PEDESTRIAN ROUTE THROUGH THE
NEIGHBORHOOD
145TH ST N
GOODVIEW AVE NEXISTING MAILBOX
5’ SIDEWALK
PROPOSED
CROSSWALK
WAYFINDING SIGNS
K
MATCH LINE - SECTION B
IMPACT TO
EXISTING
SHRUBS
5’ WIDE SIDEWALK
3’ WIDE BOULEVARD
ON-STREET ROUTE
PARCELS
WETLAND BOUNDARY
WAYFINDING SIGNAGE
LEGEND
ADDED PEDESTRIAN
RAMPS AND
CROSSWALKS FROM
EXISTING WALKS
AT 145TH ST N &
GOODVIEW AVE N
N
3’ BLVD
GOODVIEW AVE NROW
GE
N
EV
A
AV
E N
GE
N
NE
N
WAYFINDING SIGNS
144TH ST N GLENBROOK AVE NEXISTING CONDITIONS
ON-STREET VIEW OF GLENBROOK AVE N & 145TH ST INTERSECTION
K:\016114-000\Graphics\016114 Goodview Ave Trail FeasibilityScale in Feet
100’0’50’25’
Hugo, Minnesota
August 14, 2020 | WSB Project number: 016114-000
Goodview Avenue Trail Feasibility | 145th St N to Geneva Ave N
Section B GOODVIEW AVE NROW
EXISTING
CULVERT
EXISTING MAILBOX
LOCATOR MAP
WAYFINDING SIGNS
GENEVA AVE N
GENEVA
W
A
Y
N
MATCH LINE - SECTION A
REFER TO OPTIONS FOR
GOODVIEW AVE N BETWEEN
GENEVA AVE N AND EGG
LAKE RD
ROUTE DESCRIPTION:
• ADDED PEDESTRIAN RAMPS AND CROSSWALKS FROM
EXISTING WALKS AT 145TH ST N & GOODVIEW AVE N
• 5’ CONCRETE SIDEWALK ON SOUTH SIDE OF 145TH ST
N BETWEEN GLENBROOK AVE N AND GOODVIEW AVE N
• ON-STREET ROUTE FROM GLENBROOK AVE N/144TH
ST N TO GENEVA AVE N WITH WAYFINDING SIGNS
PRO’S:
• GENEVA AVE N IS A WIDE STREET ABLE TO
ACCOMMODATE VEHICLES AND BIKES
• GENEVA AVE N HAS SLOWER TRAFFIC THAN
GOODVIEW AVE N
• FEWER OVERALL IMPACTS THAN THE GOODVIEW AVE
N ROUTE
CON’S:
• LESS DIRECT ROUTE FROM GENEVA AVE N TO 145TH
ST N
• ROUTE MAY BE MORE CONFUSING TO USERS
• ON-STREET ROUTE IS NOT AS FAMILY FRIENDLY AS A
SEPARATED TRAIL OR WALK
• SOME LOCAL RESIDENTS MAY BE OPPOSED TO A
DESIGNATED PEDESTRIAN ROUTE THROUGH THE
NEIGHBORHOOD
LEGEND
LOOKING AT GENEVA AVE N & MONUMENT SIGN AT GOODVIEW AVE N
EXISTING CONDITIONS
EXISTING MONUMENT
SIGN GOODVIEW AVE NGOODVIEWEVIODOOGOROW
EXISTING
CULVERT
LOCA
WAYFINDING SIGNS
GENEVA AVE N
Y N
ROUTE DESCRIPTION:
•ADDED PEDESTRIAN RAMP
EXISTING WALK S AT 145TH
•5’ C ONCRETE SIDEWALK O
N BETWEEN GLENBROOK A
•ON-STREET ROUTE FROM G
ST N TO GENEVA AVE N WIT
PRO’S:
•GENEVA AVE N IS A WIDE SVV
ACCOMMODATE VEHICLES
•GENEVA AVE N HAS SLOWEVV
GOODVIEW AVE N
•FEWER OVERALL IMPACTS
N ROUTE
CON’S:
•LESS DIRECT R OUTE FROM
ST N
•ROUT E MAY BE MORE CON
•ON-STREET ROUTE IS NOT
SEPARATED TRAIL OR WAL
•SOME LOCAL RESIDENTS M
DESIGNATED PEDESTRIAN
NEIG HBORHOOD
L EGEND
LOOKING AT GENEVA AVE N & MONUMENT SIGN AT GOODVIEW AVE
EXISTING CONDITIONS
EXISTING MONUMENT
EXISTING
UTILITY
CABINET
EXISTING
POWER
LINES
EXISTING
HARDWOOD
CREEK
5’ WIDE SIDEWALK
3’ WIDE BOULEVARD
ON-STREET ROUTE
FUTURE TRAIL ROUTE
PARCELS
WETLAND BOUNDARY
WAYFINDING SIGNAGE
FUTURE TRAIL
CONNECTION TO
HANIFL PARK
Goodview Avenue Trail Feasibility | Geneva Ave N to Egg Lake Rd
Hugo, Minnesota
August 14, 2020 | WSB Project number: 016114-000
Scale in Feet
100’0’50’25’
Option 1GOODVIEW AVE NPARCEL
LINES
EXISTING POWER
LINES
LOCATOR MAP
SECTION C
SECTION C
EXISTING PHOTOS
MAILBOX
IMPACTS TO
EXISTING CULVERT
FUTURE TRAIL
CONNECTION TO
HANIFL PARK
CROSSWALKK
ROUTE DESCRIPTION:
• 5’ WIDE PAVED SHOULDER BOTH SIDES
OF GOODVIEW AVE N BETWEEN GENEVA
AVE N AND EGG LAKE RD WITH 2’ WIDE
GRAVEL SHOULDER
• CONNECTION TO FUTURE TRAIL
TO HANIFL THROUGH PROPOSED
DEVELOPMENT
PRO’S:
• DIRECT ROUTE BETWEEN GOODVIEW AVE
N AND EGG LAKE ROAD
• FEWER OVERALL IMPACTS ON WEST SIDE
OF GOODVIEW AVE N
CON’S:
• ON-STREET ROUTE IS NOT AS FAMILY
FRIENDLY AS A SEPARATED TRAIL OR
WALK
• SOME IMPACTS TO WETLANDS AND
UTILITIES (PRIMARILY ON EAST SIDE)
• ACQUISITION OF ROW / EASEMENT MAY
BE NECESSARY
OPTION1A: LEAVE GOODVIEW AVE N AS-
IS WITH “SHARE THE ROAD” SIGNAGE AND
PAINTED ROADWAY SYMBOLS BETWEEN
EGG LAKE ROAD AND 145TH ST
• PRO’S: NO IMPACTS TO EXISTING
CONDITIONS
• CON’S: HIGHER SPEED ROUTE WITH
SAFETY CONCERNS THAT WILL NOT BE AS
FAMILY-FRIENDLY
GE
N
E
V
A
A
V
E
N
E
G
G
L
A
K
E
R
D
5’ PAVED
SHOULDER
WITH 2’ GRAVEL
SHOULDER
5
RESIDENTIAL
MONUMENT
SIGN
SECTION D
SECTION D
SHARE THE ROAD EXAMPLES
PEDESTRIAN ACTIVATED
SIGNAL AT CROSSWALK
MAY BE NECESSARY
IMPACTS TO
EXISTING CULVERT
IMPACTS TO
EXISTING
WETLANDS
5’ WIDE PAVED SHOULDER
2’ GRAVEL SHOULDER
ON-STREET ROUTE
FUTURE TRAIL ROUTE
WETLAND IMPACTS
PARCELS
WETLAND BOUNDARY
LEGEND
PROPOSED SECTION
WETLAND
BOUNDARY
WETLAND
BOUNDARY
IMPACTS TO
EXISTING
WETLANDS
5’ PAVED
SHOULDER
WITH 2’ GRAVEL
SHOULDER
WIDE PAVED
SHOULDER LANES ON
BOTH SIDES OF EGG
LAKE RD BETWEEN
GOODVIEW AVE N AND
HWY 61
CONCRETE WALK
CONNECTION
TO HARDWOOD
CREEK REGIONAL
TRAIL AT HWY 61
K GOODVIEW AVE NSHARE ROAD BIKE ARROW ON PAVEMENT
GOODVIEW AVE N | LOOKING NORTH
GOODVIEW AVE N | LOOKING SOUTH AT EGG LAKE INTERSECTION
SHARE ROAD SIGNAGE
~
~~
Scale in Feet
100’0’50’25’
Hugo, Minnesota
August 14, 2020 | WSB Project number: 016114-000
Goodview Avenue Trail Feasibility | Geneva Ave N to Egg Lake Rd
Option 2GOODVIEW AVE NEXISTING POWER
LINES
SECTION C
OPTIONAL: 10’ WIDE
BOARDWALK IN
LIEU OF TRAIL (NO
WETLAND IMPACTS)
EXISTING PHOTOS
MAILBOX
FUTURE TRAIL
CONNECTION TO
HANIFL PARK
CROSSWALKK
GE
N
E
V
A
A
V
E
N
WETLAND
BOUNDARY
RESIDENTIAL
MONUMENT
SIGN
SECTION D
WAYFINDING EXAMPLES
PEDESTRIAN ACTIVATED
SIGNAL AT CROSSWALK
MAY BE NECESSARY
8’ PAVED TRAIL WITH
5’ BLVD ON WEST SIDE
ONLY
K
Y
LOCATOR MAP
SECTION C
ROUTE DESCRIPTION:
• 8’ WIDE SEPARATED BITUMINOUS TRAIL
BETWEEN GENEVA AVE N AND EGG LAKE
RD WITH 5’ WIDE BOULEVARD BUFFER
BETWEEN TRAIL AND ROAD
• CONNECTION TO FUTURE TRAIL
TO HANIFL THROUGH PROPOSED
DEVELOPMENT
PRO’S:
• SEPARATED TRAIL PROVIDES BETTER
USER EXPERIENCE
• IMPROVED SAFETY AND A FAMILY-
FRIENDLY ROUTE COMPARED TO ON-
STREET ROUTE OPTION
CON’S:
• HIGHER DEGREE OF IMPACTS TO
WETLANDS AND UTILITIES
• ACQUISITION OF ROW / EASEMENT MAY
BE NECESSARY
OPTION2A: 10’ WIDE BOARDWALK IN LIEU OF
TRAIL
PRO’S: MINIMIZES IMPACTS TO WETLANDS
AND HAS APPEALING CHARACTER WITH
POTENTIAL FOR VIEWING AREA BUMP-OUTS
CON’S: EXPENSIVE OPTION FOR
INSTALLATION, MAINTENANCE AND
REPLACEMENT THAT CAN BE SLIPPERY
DURING INCLEMENT WEATHER
SECTION D
E
G
G
L
A
K
E
R
D
TRAIL
CONSTRUCTION
IMPACTS
CONCRETE WALK
CONNECTION
TO HARDWOOD
CREEK REGIONAL
TRAIL AT HWY 61
K
impact
8’ WIDE BITUMINOUS TRAIL
10’ WIDE BOARDWALK
ON-STREET ROUTE
FUTURE TRAIL ROUTE
WETLAND IMPACTS
PARCELS
WETLAND BOUNDARY
LEGEND
MAILBOX
PROPOSED SECTIONS
PARCEL
LINES
TRAIL IMPACTS
TO EXISTING
WETLAND
TRAIL OPTION
WOULD IMPACT
EXISTING
CULVERT
T
WETLAND
BOUNDARY GOODVIEW AVE NWIDE PAVED SHOULDER
LANES ON BOTH SIDES
OF EGG LAKE RD
BETWEEN GOODVIEW
AVE N AND HWY 61
PEDESTRIAN ACTIVATED
SIGNAL AT CROSSWALK
MAY BE NECESSARY
IMPACTS TO
EXISTING CULVERT
OPTIONAL: 10’ WIDE
BOARDWALK IN
LIEU OF TRAIL (NO
WETLAND IMPACTS)
8’ PAVED TRAIL
WITH 5’ BLVD ON
WEST SIDE ONLY
IMPACT TO
EXISTING OHP
POLE
S
M
CROSSWALK AT EGG
LAKE RD
GOODVIEW AVE N | LOOKING SOUTH AT WEST DITCH GOODVIEW AVE N | LOOKING NORTH AT EAST DITCH
~
~
~
Goodview Trail | Overall Layout
Hugo, Minnesota
September 11, 2020 | WSB Project number: 016114-000 Scale in Feet
600’0’300’K:\016114-000\Graphics\016114 Goodview Preferred LayoutPOTENTIAL FUTURE TRAIL
CONNECTION FROM EGG LAKE
ROAD TO ONEKA LAKE BLVD N AND
FURTHER NORTH PER CITY 2040
COMPREHENSIVE TRAILS PLAN
L
E
D
HA NIFL PARKHANIFL PARK
RICE LAKERICE LAKE
FUTURE TRAIL FROM GOODVIEW
AVE N TO HANIFL PARK THROUGH
NEW DEVELOPMENT
F
A
N
E G G L A K E R D N
EGG
L
A
K
E
R
D
N
145TH ST N
DIAMOND DIAMOND
POINT PARKPOINT PARK
EGG LAKE ROAD: EXISTING WIDE PAVED
SHOULDERS AND A CONCRETE WALK ON
SOUTH SIDE BETWEEN GOODVIEW AVE N
AND HWY 61 PROVIDE CONNECTION TO THE
HARDWOOD CREEK REGIONAL TRAIL
EGOODVIEW AVE NSEPARATED TRAIL
FROM 145TH ST N TO
GENEVA AVE N
S
11
GOODVIEW AVE NGOODVIEW AVE NSEPARATED TRAIL
FROM GENEVA AVE N
TO EGG LAKE RD N
S
GOODVIEW AVE N EXISTING CONDITIONS:
• 11’ DRIVE LANES IN BOTH DIRECTIONS WITH 1’ PAVED SHOULDERS
(10’-6” MIN REQUIRED)
• OVERHEAD POWER LINES ON EAST SIDE OF ROAD
• PORTIONS OF THE HARDWOOD CREEK ON EAST SIDE OF ROAD
• WETLANDS ON BOTH SIDES OF ROAD, CLOSER TO THE ROAD ON THE
EAST SIDE
PEDESTRIAN ROUTE OPTION:
• IN LIEU OF A SEPARATED TRAIL ALONG
GOODVIEW AVE N, THE CITY MAY IDENTIFY
GOODVIEW AVE N AS A SHARED ROUTE
WITH “SHARE THE ROAD” SIGNAGE PLACED
IN BOTH DIRECTIONS FOR EITHER ONE OR
BOTH OF THE ROAD SEGMENTS IDENTIFIED
IF TRAFFIC ADT IS WITHIN A SUITABLE
RANGE
• NOTE: GROUND-IN SYMBOLS AND
CHEVRONS IN THE ROAD PAVEMENT WOULD
NOT BE APPLICABLE IN THIS OPTION
Goodview Trail | Preferred Layout
Hugo, Minnesota
September 11, 2020 | WSB Project number: 016114-000K:\016114-000\Graphics\016114 Goodview Preferred LayoutScale in Feet
100’0’50’
145th ST
EXISTING POWER
LINES
FUTURE TRAIL
CONNECTION THROUGH
NEW DEVELOPMENT TO
HANIFL PARK
FUTURE CROSSWALK
(PEDESTRIAN
ACTIVATED SIGNAL AT
CROSSWALK MAY BE
NECESSARY)
K
GE
N
E
V
A
A
V
E
N
WETLAND
BOUNDARY
EXISTING UTILITY
PEDESTAL TO BE
RELOCATED
8’ PAVED TRAIL
WITH 5’ BLVD
EXISTING
MAILBOX
PARCEL
LINES
TRAIL IMPACTS
TO EXISTING
WETLAND GOODVIEW AVE NGOODVIEW AVE NGOODVIEW AVE NTRAIL IMPACTS
TO EXISTING
WETLAND
EXTEND (3)
CULVERTS WITH
RIPRAP BASINS
8’ PAVED TRAIL
WITH 5’ BLVD
L
8’ PAVED TRAIL
WITH 5’ BLVD
PROPOSED
CROSSWALKS
WITH PED RAMP
CONNECTIONS
TO EXISTING
WALKWAYS
EXISTING POWER
LINES
EXISTING POWER
LINES
IMPACTS TO
EXISTING
LANDSCAPED
MONUMENT
PLANTINGS
RETAINING WALLL
WETLAND BOUNDARY
LEGEND
FUTURE TRAIL
TURF BOULEVARD
WETLAND IMPACTS
PEDESTRIAN
CROSSING AT
INTERSECTION OF
GOODVIEW AVE N AND
EGG LAKE ROAD TO
BE DETERMINED BY
WASHINGTON COUNTY
AS PART OF A FUTURE
ROAD IMPROVEMENT
PROJECT
P
C
I
G
E
E
G
G
L
A
K
E
R
O
A
D
EXTEND CULVERT
WITH RIPRAP
BASINS
MATCH LINE A MATCH LINE B
MATCH LINE B
MATCH LINE A GOODVIEW AVE NEXTEND CULVERT
WITH RIPRAP
BASINS
EXTEND
CULVERT WITH
RIPRAP BASINS
EXTEND
CULVERT WITH
RIPRAP BASINS
EXISTING
MAILBOX
G
L
D
E
C
R
T
T
W
EE
LL
E
W
B
ASSUMED TRAIL
EASEMENT
WOULD BE
NECESSARY
FROM GENEVA
AVE N TO EGG
LAKE ROAD
ASSUMED TRAIL
EASEMENT
WOULD BE
NECESSARY
FROM GENEVA
AVE N TO EGG
LAKE ROAD
PROPOSED TYPICAL SECTION
8’ WIDE TRAIL
EXTEND
CULVERT WITH
RIPRAP BASINS
ASSUMED TRAIL
EASEMENT
WOULD BE
NECESSARY
L
K:\016114-000\Admin\Docs\016114_2020-0916_Goodview Ave Feasibility 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: September 16, 2020
Re: Goodview Ave Trail Feasibility Plan
WSB Project No. 016114-000
Trail Feasibility Overview
The City of Hugo authorized WSB to proceed with a trail feasibility plan for a pedestrian route
along Goodview Ave N from 145th St N to Egg Lake Road, as identified in the City of Hugo
Comprehensive Trails Plan.
Goodview Ave N is a State Aid roadway with a rural section road design that is 24 feet in width to
include 11-foot drive lanes and 1-foot paved shoulder in both directions and is signed at 40 mph.
There are overhead power lines on the east side of the road, portions of the Hardwood Creek on
about half of the east side corridor and there are wetlands on both sides. Egg Lake Road has
wide shoulders and a concrete on the south side that connects Goodview Ave N to Hwy 61 and
the Hardwood Creek Regional Trail.
The following outlines the project process and outcomes to-date:
Preliminary Options:
WSB looked at several options for a pedestrian route along Goodview Ave N which was broken
up into two segments; 145th St N to Geneva Ave N and Geneva Ave N to Egg Lake Road.
The options included:
145th St N to Geneva Ave N:
1. Elimination of widened shoulders or a separated trail as an option from 145th St N to
Geneva Ave N due to the high costs of implementation. A shared on-road route along
Goodview Ave N for this segment with Share the Road signage was provided as an
option for consideration
2. Sidewalk connection along 145th St N from the intersection of Goodview Ave N to
Glenbrook Ave N to connect to existing walkways with on-street routes identified along
Glenbrook Ave N to Geneva Ave N south to where it meets with Goodview Ave N.
Geneva Ave N to Egg Lake Road:
1. 5-foot paved shoulders with 2-foot gravel shoulders along both sides of the roadway.
2. 8-foot separated bituminous trail with 5-foot buffer on the west side of the roadway only.
3. An optional 10’ wide boardwalk to replace the bituminous trail in specific segments to
avoid wetland impacts.
Page 2
K:\016114-000\Admin\Docs\016114_2020-0916_Goodview Ave Feasibility Summary.docx
Commission Recommendations:
WSB presented the options to the City of Hugo Parks Commission on August 19th for review and
feedback. WSB was provided the following recommendations to take into a preferred feasibility
design:
1. Show an 8-foot separated bituminous trail with 5-foot buffer on the west side only for both
segments from 145th St N to Egg Lake Road with corresponding costs for consideration.
Trail Feasibility Plan:
The Goodview Ave Trail Feasibility Plan includes the following segments with impacts and
potential costs identified for consideration:
145th St N to Geneva Ave N: $1.4 - $1.8M
• 8-foot separated bituminous trail with 5-foot boulevard buffer on west side of road
• Painted crosswalks (2) at 145th St N and Goodview Ave N
• Added pedestrian ramps (2) at 145th St N and Goodview Ave N
• Extend existing culverts with flared end sections (5)
• Wetland mitigation for impacts to existing wetlands at a 2:1 ratio
• Modifications to the existing monument sign landscape bed at Geneva Ave N and
Goodview Ave N
• Existing utility pedestal to be relocated (by utility company)
• Pedestrian ramp at Geneva Ave N
• Portions of the corridor that currently show outside of the ROW are assumed to require
trail easements (costs TBD)
145th St N to Geneva Ave N SHARE THE ROAD Option: $7 - $11,000
Geneva Ave N to Egg Lake Road: $500 - $650,000
• 8-foot separated bituminous trail with 5-foot boulevard buffer on west side of road
• Pedestrian ramps (2) at Geneva Ave N and Goodview Ave N
• Painted crosswalk (1) at Geneva Ave N and Goodview Ave N to be completed as part of
future development when proposed trails are completed (costs not included at this time)
• Retaining wall may be necessary between proposed trail and existing stormwater pond to
avoid impacts to storm outlet
• Extend existing culverts with flared end sections (3)
• Wetland mitigation for impacts to existing wetlands at a 2:1 ratio
• Entire corridor is assumed to have prescriptive ROW, requiring trail easements (costs
TBD)
• Entire corridor section is assumed to require trail easements due to prescriptive ROW
• Pedestrian ramp at intersection of Egg Lake Road to access existing shoulders & walk
• No further improvements identified at Egg Lake Road (to be designed by Washington
County as part of intersection road improvement project)
Geneva Ave N to Egg Lake Road Boardwalk Option: +$1.5 - $1.8M
Lions Park Feasibility
City of Hugo, Minnesota
September 16, 2020 | WSB# 016114-000
No.Item Description Est. Qty.Unit Low
Unit Price Low Total High
Unit Price High Total
Separated Trail West Side
1 Mobilization (5%)1 LS $49,538 $49,538 $63,910 $63,910
2 Traffic Control 1 LS $15,000 $15,000 $20,000 $20,000
3 Clearing & Grubbing 2 Acre $3,000 $6,000 $5,000 $10,000
4 Landscape Bed Impacts 1 LS $1,000 $1,000 $2,000 $2,000
5 Pipe Extension Modifications 5 EA $3,000 $15,000 $6,000 $30,000
6 Erosion Control Fence 6,000 LF $3 $18,000 $4 $24,000
7 Earthwork w/Soil Corrections to 5' Depth*14,000 CY $50 $700,000 $60 $840,000
8 Wetland Impacts (2:1 ratio)1.65 Acre $75,000 $123,750 $120,000 $198,000
9 Concrete Ped Ramp w/Truncated Domes 3 EA $1,500 $4,500 $2,500 $7,500
10 Pedestrian Painted Crosswalk 2 EA $500 $1,000 $1,000 $2,000
11 Seed Restoration w/Blanket 5,000 SY $3 $15,000 $5 $25,000
12 8' Wide Bit Pavement (3" Bit; 8" base; geotextile)3,000 LF $27 $81,000 $35 $105,000
13 Traffic Signage 2 EA $250 $500 $350 $700
14 Trail Easement **0.40 Acre $25,000 $10,000 $35,000 $14,000
$1,040,288 $1,342,110
$156,043 $201,317
$208,058 $268,422
$1,404,388 $1,811,849
OPTIONAL: Share the Road
1 Traffic Control 1 LS $3,000 $3,000 $5,000 $5,000
2 Traffic Signage (500' spacing, both directions)12 EA $250 $3,000 $350 $4,200
$6,000 $9,200
$600 $920
$600 $920
$7,200 $11,040
No.Item Description Est. Qty.Unit Low
Unit Price Low Total High
Unit Price High Total
Separated Trail West Side
1 Mobilization (5%)1 LS $17,490 $17,490 $23,156 $23,156
2 Traffic Control 1 LS $10,000 $10,000 $15,000 $15,000
3 Clearing & Grubbing 1 Acre $3,000 $3,000 $5,000 $5,000
4 Pipe Extension Modifications 3 EA $3,000 $9,000 $6,000 $18,000
5 Erosion Control Fence 3,200 LF $3 $9,600 $4 $12,800
6 Earthwork w/Soil Corrections to 5' Depth*4,000 CY $50 $200,000 $60 $240,000
7 Wetland Impacts (2:1 ratio)0.50 Acre $75,000 $37,500 $120,000 $60,000
8 Concrete Ped Ramp w/Truncated Domes 3 EA $1,500 $4,500 $2,500 $7,500
9 Seed Restoration w/Blanket 2,500 SY $3 $7,500 $5 $12,500
10 Retaining Wall 125 SF $50 $6,250 $75 $9,375
11 8' Wide Bit Pavement (3" Bit; 8" base; geotextile)1,600 LF $27 $43,200 $35 $56,000
12 Traffic Signage 2 EA $250 $500 $350 $700
13 Trail Easement **0.75 Acre $25,000 $18,750 $35,000 $26,250
$367,290 $486,281
$55,094 $72,942
$73,458 $97,256
$495,842 $656,480
Estimated Professional Design, Engineering & Permit Fees (20%)
ESTIMATED PROJECT TOTAL:
ESTIMATE OF PROBABLE COSTS - GENEVA TO EGG LAKE ROAD
* Corrections listed are the minimal necessary for fill situation and soil investigations will be needed to
determine actual depths required
** Trail easement estimated, actual TBD
Recommended Contingency (15%)
Estimated Professional Design, Engineering & Permit Fees (20%)
ESTIMATED PROJECT TOTAL:
ESTIMATE OF PROBABLE COSTS - 145TH TO GENEVA
ESTIMATE SUBTOTAL:
ESTIMATE SUBTOTAL:
Recommended Contingency (10%)
Estimated Professional Design, Engineering & Permit Fees (10%)
* Corrections listed are the minimal necessary for fill situation and soil investigations will be needed to
determine actual depths required
** Trail easement estimated, actual TBD
NOTE: It is assumed pedestal relocation is the responsibility of the utility company
ESTIMATED PROJECT TOTAL:
ESTIMATE SUBTOTAL:
Recommended Contingency (15%)
K:\016114-000\Quantity\Preliminary\016114_Feasibility Est_2020-0911 Page 1 of 2
OPTIONAL: Boardwalk
1 Mobilization (5%)1 LS $55,335 $55,335 $64,900 $64,900
2 Clearing & Grubbing -1 Acre $3,000 -$3,000 $5,000 -$5,000
3 Pipe Extension Modifications -3 EA $3,000 -$9,000 $6,000 -$18,000
4 Earthwork w/Soil Corrections to 5' Depth*-4,000 CY $50 -$200,000 $60 -$240,000
5 Wetland Impacts (2:1 ratio)-0.50 Acre $75,000 -$37,500 $120,000 -$60,000
6 Seed Restoration w/Blanket -2,000 SY $3 -$6,000 $5 -$10,000
7 8' Wide Bit Pavement (3" Bit; 8" base; geotextile)-1,400 LF $27 -$37,800 $35 -$49,000
8 10' Wide Boardwalk 1,400 LF $1,000 $1,400,000 $1,200 $1,680,000
$1,162,035 $1,362,900
$174,305 $204,435
$232,407 $272,580
$1,568,747 $1,839,915
Recommended Contingency (15%)
Estimated Professional Design, Engineering & Permit Fees (20%)
ESTIMATED PROJECT TOTAL:
ESTIMATE SUBTOTAL:
K:\016114-000\Quantity\Preliminary\016114_Feasibility Est_2020-0911 Page 2 of 2
1
The following is Draft 4 from DENNIS Properties dated November 23, 2020.
It is a comparison to the City’s November 12 Draft
Also, formatting was improved and made consistent
With Comments on December 2, 2020 from City of Hugo
───────────────────────────────────────────────────────
Return To:
David K. Snyder, Esq.
JOHNSON / TURNER LEGAL
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
DRAFT NO. 4
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT ("Agreement" or “Purchase Agreement”) is made
effective this ___________, 2020, (“Effective Date”) by and between The City of Hugo, a
Minnesota Municipal Corporation (the "City" or “The City” or “Seller”), and DENNIS Properties,
LLC,, a Minnesota Limited Liability Company ("Buyer").
Recitals
WHEREAS, Seller is the owner of Real Property located in the County of Washington,
State of Minnesota and legally described on Exhibit A attached hereto (the “Real Property” or “the
Property”). The Seller has assembled this Real Property over many years with the desire and
intention that it be later offered for sale to a developer that will develop it carefully and in
K.1
2
accordance with the guidelines and direction of the City and to create a variety of uses which are
of direct, substantial and specific benefit to the City and its residents, including the provision of
necessary amenities;
WHEREAS, Buyer is desirous of securing an exclusive Purchase Agreement for the overall
purchase of the Property for the initial development of a restaurant upon part of it with subsequent
phases to include other land uses, subject to the review, approval and discretion of the City as more
fully described herein; and
WHEREAS, the City is willing to enter into this Purchase Agreement with Buyer to acquire
the Real Property, in phases, to permit its sale and (approved) development in accordance with the
City’s development requirements contingent upon satisfaction of terms and conditions set forth
herein. It is specifically noted by the parties that although the financial consideration to be
exchanged hereunder is apparently nominal, it is of the utmost importance and consideration that
the Property be developed in accordance with the City’s guidelines and approval requirements and,
thus, it is mutually understood and agreed that the City has discretion to approve or disapprove
any development upon the Property, for example, it shall not be limited to approving uses for
development upon the land that are otherwise permissible because they are permitted or
conditional uses under zoning provisions otherwise applicable to the Real Property identified
herein. Instead, the City may require different or more particularized uses within the categories
permitted by its zoning ordinance and that is one of the reasons why the financial consideration to
be paid is limited.
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein
contained (and including the foregoing clauses which are operative parts of this agreement) and
other good and valuable consideration in hand paid by the Buyer to the Seller as more fully set
forth below, the receipt and sufficiency of which is hereby acknowledged by the Seller, it is hereby
agreed as follows:
1. Sale of Property. The Seller hereby agrees to sell, and Buyer hereby agrees to purchase
with exclusive rights to do so, the following Property:
(A) All that Real Property consisting of approximately 4.5 acres located in the County
of Washington, and State of Minnesota, more particularly described in Exhibit "A"
attached hereto and hereby made a part hereof, together with all improvements
situated thereon, and all rights and benefits pertaining to the Real Property, and
together also with all hereditaments and appurtenances thereunto belonging or in
any way appertaining.
(B) Any improvements on the Real Property are conveyed AS IS. There are no
buildings on the Property. The Seller will remove all debris and personal property
from the Real Property prior to Closing.
2. Purchase Price and Manner of Payment.
(A) The total purchase price (“Purchase Price”) to be paid by Buyer for the Property
shall be One Dollar ($1.00) for the First Phase Property (as defined herein) and One
Dollar ($1.00) for the Second Phase Property (as defined herein). The applicable
3
Purchase Price shall be paid at the applicable First Phase Closing or the applicable
Second Phase Closing.
(B) Earnest Money. Buyer shall pay the sum of Twenty Thousand and 00/100 Dollars
($20,000.00) as earnest money paid within three (3) business days after full
execution of this Agreement (the “Earnest Money”) to Land Title, Inc. (“Escrow
Agent”), to be held by Escrow Agent pursuant to the terms and conditions of this
Agreement. Except as set forth herein, the Earnest Money shall be disbursed as set
forth below:
(i) In the event Buyer successfully closes on the purchase of the First Phase
Property, the entire $20,000 of Earnest Money shall be paid to Buyer at the First
Phase closing.
(ii) In the event Buyer extends the First Phase Closing Date as set forth in section
3 and then successfully closes on the purchase of the First Phase Property, the
entire $20,000 of Earnest Money shall be paid to Buyer at the First Phase
closing.
(iii) In the event Buyer extends the First Phase Closing Date as set forth in section
3 but defaults in the performance of this Purchase Agreement beyond any
applicable cure period and does not successfully close on the purchase of the
First Phase Property, and because of Buyer’s default Seller terminates this
Purchase Agreement as provided herein and by law, then $10,000 of the Earnest
Money shall be paid to Seller and $10,000 of the Earnest Money shall be paid
to Buyer.
3. Land Acquisition Phases
The acquisition and purchase of the Property by Buyer may occur in two phases: A First
Phase and a Second Phase.
(A) First Phase: The First Phase shall occur no later than five (5) months after the
Effective Date of this Purchase Agreement (the “First Phase Closing Date”);
provided, however, that Buyer may by written notice to Seller extend the First
Phase Closing Date to a date that is ten (10) months after the Effective Date of this
Purchase Agreement, in which case $10,000 of the Earnest Money may become
nonrefundable as set forth in section 2.b.(iii) above. The portion of the Property to
be acquired at the First Phase shall consist of not less than 1 acre and not more than
2 acres of the real property. Buyer shall, as a condition to such acquisition, satisfy
the First Phase closing requirements as set forth in section 13.(A) of this Purchase
Agreement. Buyer may accelerate the First Phase closing date upon not less than
10 days’ notice. In addition, Buyer may extend the First Phase Closing Date by 90
days in order to address and cure deficiencies expressed by the City (and its council)
as to why development should not proceed. As an additional exception, any delays
to approval of development plans that are attributable to Seller (including its
council) shall correspondingly extend the First Phase Closing Date not to exceed
90 days.
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(B) Second Phase: The Second Phase shall occur no later than forty eight (48) months
after the Effective Date of this Purchase Agreement (the “Second Phase Closing
Date”); provided that Buyer may extend the Second Phase Closing Date to sixty
(60) months after the Effective Date if Buyer deposits Twenty Thousand Dollars of
additional non-refundable Earnest Money with Escrow Agent no later than the
expiration of forty eight (48) months after the Effective Date. The portion of the
Property to be acquired at the Second Phase shall be the balance of the Land.).
Buyer shall, as a condition to such acquisition, satisfy the Second Phase closing
requirements as set forth in section 13.(B) of this Purchase Agreement. Buyer may
accelerate the Second Phase Closing Date upon not less than 10 days’ notice. In
addition, Buyer may extend the Second Phase Closing Date by 90 days in order to
address and cure deficiencies expressed by the City (and its council) as to why
development should not proceed. As an additional exception, any delays to
approval of development plans that are attributable to Seller (including its council)
shall correspondingly extend the Second Phase Closing Date not to exceed 90 days.
4. Development Agreement. Prior to the First Phase Closing Date, Seller and Buyer shall
negotiate in good faith a Development Agreement that is consistent with the terms and
conditions of this Purchase Agreement and which will set forth the rights and obligations
of Seller and Buyer during the development of the Property. In the event the Development
Agreement contains terms or conditions that differ from this Purchase Agreement, the
terms and conditions of the Development Agreement shall govern.
The obligations of the Seller to sell the Property, and the rights of Buyer to purchase the
Property, are contingent upon the execution of the Development Agreement prior to the
First Phase Closing Date (as may be extended by Buyer). In addition to the other terms and
conditions of this Purchase Agreement, the Buyer contemplates that the Development
Agreement will provide for the following, which, prior the execution of the Development
Agreement, are subject to the approval or disapproval of the Seller in Seller’s sole
discretion:
(A) Construction of public and private improvements (subject to the approved plans in
the Development Agreement) of the First Phase shall be substantially complete as
reasonably determined by the City not later than December 31, 2022, unless delays
beyond the Buyer’s control prevent substantial completion. Should any delays
beyond Buyer’s control occur, Buyer shall notify Seller in writing of the delays, the
cause of the delays, and the days lost due to the delays not to exceed 90 days. The
deadline for substantial completion shall be correspondingly extended by any days
of delay that are due to reasons beyond Buyer’s control not to exceed 90 days.
(B) Construction of public and private improvements (subject to the approved plans in
the Development Agreement) on the Second Phase shall be substantially complete
as reasonably determined by the City not later than eighteen (18) months after the
Second Phase Closing Date, unless delays beyond the Buyer’s control prevent
substantial completion. Should any delays beyond Buyer’s control occur, Buyer
shall notify Seller in writing of the delays, the cause of the delays, and the days lost
due to the delays not to exceed 90 days. The deadline for substantial completion
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shall be correspondingly extended by any days of delay that are due to reasons
beyond Buyer’s control not to exceed 90 days.
(C) Additional criteria for approval by Seller may include, but are not limited to:
(i) Whether the architectural quality, building plans, site plan, and proposed use of
the Property meets the Downtown Design Guidelines (as published by the City
on April 10, 2007) or the development criteria as determined by the City
Council.
(ii) A full service restaurant or some form of event center or family entertainment
venue is desired, situated so that the customers and public will benefit from
views over the lake according to plans approved by the City Council. Secondary
retail, service and housing uses will be considered.
(iii) A development and phasing plan is required and agreed to in writing with
deadlines consistent with this Purchase Agreement..
(iv) Quality architecture, building materials, and site design, meeting requirements
of the Downtown Design Guidelines in a form approved by the City Council in
its sole discretion.
(v) Construction of public amenities, including pedestrian connections, a gathering
place near Egg Lake, and public parking on terms acceptable to the City Council
in its sole discretion.
(vi) The parties shall have obtained approval from the Minnesota Department of
Transportation for an additional access to the Real Property from Highway 61
at the north end of the Real Property on or before the First Phase Closing Date,
as may be extended by Buyer. Seller shall reasonably assist in securing this
approval. Alternatively, the buyer could propose to use the existing access from
Highway 61.
(vii) Provision of adequate performance securities including letters of credit.
(viii) Provision of mechanisms satisfactory to the Seller to insure timely payment to
lenders and contractors.
5. Additional Approvals Required: This agreement is expressly conditioned upon the Buyer
receiving land use application and follow-up Development Agreement approval by the City
Council as well as all customary development and connection fees per the City’s fee
schedule shall be paid.
6. Time is Of the Essence: Time shall be of the essence as to all the required conditions and
undertakings herein. Failure to meet any deadline herein (subject to any permitted
extension thereof) shall constitute a default hereunder.
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7. Available Surveys, Tests and Reports. Within ten (10) days of the Effective Date, the Seller
will cause to be delivered to Buyer to the extent the same exist and are in the possession or
control of the Seller: (a) copies of any As-Built ALTA property surveys; (b) copies of Phase
I environmental report; (c) copies of Phase II environmental report(s), geotechnical reports,
wetland delineations, and any other government notice correspondence (e.g. no further
action/no association or permit letters) associated with the environmental condition of the
Property; (d) copies of existing title commitments and/or title policies; (e) complete and
current copies of any agreements in place regarding the Property; and (f) a list of all
customary development and connection fees per the City’s fee schedule which Seller intends
to impose upon Buyer at the First Phase and Second Phase closings (hereinafter collectively
referred to as the “Due Diligence Materials”). In addition, Seller hereby authorizes Buyer to
review, at all reasonable times, all records and other documents that are in the possession of
the Seller pertaining to the Property, except those which are proprietary or confidential.
8. Buyer’s Investigations/Due Diligence Period. For a period up to The First Phase Closing
Date, as may be extended, (the "Due Diligence Period"), Buyer shall have the right to enter
upon the Property for the purpose of performing, at Buyer's sole cost and expense,
investigations of the Property as Buyer deems desirable, provided that Buyer shall not
perform soil borings or other invasive testing of the Property without the Seller’s prior
written consent, which shall not be unreasonably withheld or delayed. In the event that
Buyer is for any reason whatsoever dissatisfied, in its sole discretion, with the results of
any of such due diligence, then Buyer may terminate the Agreement by giving written
notice to the Seller prior to the expiration of the Due Diligence Period. In the event of such
termination, the parties shall sign a cancellation of Purchase Agreement confirming the
cancellation of this Agreement and directing Escrow Agent to refund the Earnest Money
to Buyer.
9. Possession of Property:
Seller has a right to possess and occupy the Property until a closing on it is held. Buyer
shall upon the Effective Date of this Purchase Agreement have the right at its expense to
market the Property and the Buyer’s development plans through customary methods,
including “For Lease”, “Available”, and similar signage on the Property not to exceed two
signs, each of which are 8’ by 8’. Buyer shall also have the right to produce and distribute,
at its expense, other marketing materials such as brochures, broker listing agreements,
MNCAR listings, and similar methods of marketing the Property and the proposed
development. Such marketing shall not have any binding effect on Seller
10. Title and Survey. In lieu of all other evidence of title, the Seller will provide the Buyer with
a commitment of title insurance for the Real Property from Land Title, Inc., committing to
insure the Buyer at the applicable Closing as the owner of the Real Property in an amount
of $300,000 for the First Phase Property and in an additional amount of $300,000 for the
Second Phase Property, free of all liens, encumbrances and adverse claims except only the
Permitted Encumbrances and any created by Buyer. The Permitted Encumbrances shall
only be those encumbrances listed on the attached Exhibit "B". Seller and Buyer agree that
they will, throughout the term of the Purchase Agreement, keep the Real Property free from
any liens, encumbrances and adverse claims. Buyer agrees not to enter into any leases or
agreements for the Real Property, except for leases and agreements which do not become
7
effective unless and until Buyer acquires that portion of the Property to which the lease or
agreement applies. In the event there are any liens, encumbrances or adverse claims, other
than the Permitted Encumbrances, Seller agrees to promptly remove the same at Seller’s
expense. In the event Seller is unable to convey marketable title to the Real Property,
subject only to the Permitted Encumbrances, Seller shall be considered in default under
this Agreement and Buyer may, at Buyer’s option, either find a title insurance endorsement
to insure against any title flaw with Seller paying all associated premiums, or terminate this
Agreement and, upon such termination, the Earnest Money shall be promptly refunded to
Buyer.
The Seller shall pay for the cost of the title commitment and any cost necessary to update
the commitment sixty (60) days prior to the applicable Closing. Buyer shall have ten (10)
days from the receipt of the updated commitment to make any additional objections with
respect to any new liens, encumbrances or other matters reflected on the updated title
commitment not created by Buyer. The Seller shall be responsible for the cost of the
premium for the owner's and lender's title policy for $300,000 of coverage for the First
Phase Property and for $300,000 of coverage for the Second Phase Property, with Buyer
paying the premium for any additional amounts of coverage.
11. Relocation of Easements: Seller shall have the existing drainage and utility easements
relocated so that none of the easements burden the Property other than Main Street.
12. Real Estate Taxes and Assessments. Real estate taxes due and payable in the years prior
to and the calendar year of the First Phase Closing shall be paid by the Seller on or before
the First Phase Closing. Real estate taxes due and payable in the years prior to and the
calendar year of the Second Phase Closing shall be paid by the Seller on or before the
Second Phase Closing. Seller shall also pay at Closing all deferred real estate taxes or
assessments, including so-called “Green Acres” taxes and assessments resulting from or
due to the sale of the Real Property, if any. Seller makes no representations or predictions
concerning the amount of real estate taxes or special assessments that may be levied against
the Real Property or the classification of the Real Property. Special assessments, if any,
levied or pending as of the Effective Date shall be paid by Seller. Any special assessments
first levied after the Effective Date shall be paid by Buyer.
13. Conditions to Closing.
(A) Seller is not obligated to close on the sale of the First Phase Property in the event
Buyer is in default of this Purchase Agreement. Buyer shall not be obligated to
close on the purchase of the First Phase Property in the event Seller is in default of
this Purchase Agreement. In addition, Seller shall not be obligated to close on the
sale of the First Phase Property unless and until the following requirements are
satisfied:
(i) The Buyer has land use approval from the Seller.
(ii) A Development Agreement has been executed by Seller and Buyer.
(iii) City Building Permits have been issued for the First Phase.
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(iv) Buyer has produced evidence of other required permits for the First Phase.
(v) Buyer has produced evidence of financing for the First Phase.
(vi) Buyer has satisfied any other matters which are expressly required by this
Purchase Agreement as a condition to the closing on the First Phase Property.
(B) Seller is not obligated to close on the sale of the Second Phase Property in the event
Buyer is in default of this Purchase Agreement. Buyer shall not be obligated to
close on the purchase of the Second Phase Property in the event Seller is in default
of this Purchase Agreement. In addition, Seller shall not be obligated to close on
the sale of the Second Phase Property unless and until the following requirements
are satisfied:
(i) The Buyer has land use approval from the Seller.
(ii) A Development Agreement has been executed by Seller and Buyer.
(iii) City Building Permits have been issued for the Second Phase.
(iv) Buyer has produced evidence of other required permits for the Second Phase.
(v) Buyer has produced evidence of financing for the Second Phase.
(vi) Buyer has satisfied any other matters which are expressly required by this
Purchase Agreement as a condition to the closing on the Second Phase Property.
14. Closing Documents. Subject to performance by the Buyer and the Seller of their respective
obligations hereunder, the Buyer and the Seller agree to fully execute, as necessary, and
deliver at the applicable Closing the following:
(A) Seller shall deliver a Warranty Deed conveying marketable title to Buyer to the
conveyed land, free and clear of all liens and encumbrances except the Permitted
Encumbrances.
(B) Buyer shall pay the mortgage registry tax due on any mortgage placed on the Real
Property by the Buyer.
(C) An affidavit by Seller indicating that on the date of Closing there are no outstanding
unsatisfied judgments, tax liens, or bankruptcies against or involving the Seller and
that there are no leases, maintenance agreements or other agreements in force as to
the Real Property, and that the Seller knows of no unrecorded interests in the Real
Property of any kind, together with whatever standard owner's affidavit may be
required by the Buyer.
(D) Buyer shall pay the premium for the title insurance policy referred to herein, except
as noted in section 10.
9
(E) Seller shall pay the state deed tax and all taxes and assessments to be paid by the
Seller pursuant to this Agreement.
(F) A marked-up title insurance commitment shall be available to Buyer, subject only
to the Permitted Encumbrances described above.
(G) Seller shall deliver all other documents affecting title to or possession of the Real
Property and necessary to convey marketable title to the Real Property to Buyer,
free and clear of all liens, charges, and encumbrances, other than the Permitted
Encumbrances.
(H) Seller shall execute and deliver at the Closing, a bring down certificate certifying
that the representations and warranties of the Seller contained herein shall be true
and correct as of the date of the Closing.
(I) Buyer will pay the cost of recording the general warranty deed. Seller shall pay the
cost of recording any documents necessary to perfect its own title or which release
encumbrances other than Permitted Encumbrances. Each of the parties will pay its
own attorneys’ and consultants’ fees. Seller and Buyer will each pay one-half of any
closing fee or charge imposed by the title company.
15. Brokerage Fees. Each party hereto warrants that it has not incurred any real estate
brokerage fees, finders' fee, loan brokerage fees, or any other fees to any third party as a
result of this transaction. In the event any third party institutes legal action in an effort to
recover such fees, the party who is alleged to have agreed to pay said fees shall defend such
action and indemnify and hold the other party to this Purchase Agreement harmless from
any and all claims arising out of or relating thereto.
16. No Partnership or Joint Venture Created Hereby. Nothing in this Purchase Agreement shall
be interpreted as creating a partnership or joint venture between the Buyer and the Seller
relative to the Real Property.
17. No Merger; Entire Agreement. The terms, covenants, and conditions to be performed, or
which may be performed, subsequent to the date of Closing, shall not merge with any of
the documents exchanged at Closing.
18. Liens: Buyer shall not permit any liens, including mechanics liens, to attach to the Real
Property prior to the applicable Closing Date or thereafter.
19. Remedies/Termination: If Buyer defaults under this Agreement, Seller shall have the right
to terminate this Agreement in accordance with the applicable Minnesota Statutes. If
Buyer fails to cure such default within the statutory cure period, this Agreement will
terminate, and upon such termination Escrow Agent shall pay to Seller the amount of
$10,000 of the Earnest Money as liquidated damages, time being of the essence of all
provisions this Agreement; and the remaining $10,000 of Earnest Money shall be paid to
Buyer. Notwithstanding the foregoing, Seller shall have all rights at law or in equity to
correct, enjoin or remedy any breach hereof. The provisions of this agreement shall survive
10
any termination or statutory cancellation to the full extent necessary to protect Seller’s
interests. If Seller defaults under this Agreement, Buyer shall have (1) the right to return
of the entire $20,000 of the Earnest Money and (2) Buyer shall have all rights at law or in
equity to correct, enjoin or remedy any breach hereof, including the right to seek specific
performance.
20. Representations and Warranties of Seller. Seller hereby represents and warrants to Buyer
now and as of the applicable closing date, as follows:
(A) Hazardous Substances. That, to the best of Seller’s knowledge, no hazardous
substances, as that term is defined herein, are located in, under or upon the Real
Property and the Real Property has not been used for the generation, disposal,
release, transportation or production of any Hazardous Substances. The Real
Property has been used for farming purposes and farm chemicals, including
fertilizers and pesticides, have been used on the Real Property in accordance with
the manufacturer’s specifications.
The term "Hazardous Substances" shall mean all substances, wastes, contaminants,
pollutants and materials defined or designated as hazardous, extremely or
imminently hazardous, dangerous or toxic pursuant to (i) any applicable statute,
code, ordinance, rule, regulation, or policy of any local or state governmental
authority within the State of Minnesota; (ii) Sections 307 and 311 of the Clean
Water Act, as amended, 33 U.S.C. ee 1317, 132; (iii) Section 1004 of the Resource
Conservation and Recovery Act, as amended, 42 U.S.C. 7412; (iv) Section 101 of
the Comprehensive Environmental Response and Liability Act, as amended, 42
U.S.C. 9601; (v) Section 112 of the Clean Air Act, as amended, 42 U.S.C. 7412;
(vi) Section 7 of the Toxic Substances Control Act, as amended, 15 U.S.C. 2606;
(vii) Sections 103 and 104 of the Hazardous Materials Transportation Act, as
amended, 49 U.S.C. 1802, 1803, or (viii) regulations promulgated pursuant to any
of the foregoing, and includes all substances, wastes, contaminants, pollutants, and
materials defined, designated or identified as, or containing, polychlorinated
biphenyl’s ("PCBs"), asbestos, or petroleum.
(B) Authority. The City has fee simple title to the Real Property. The City has not
entered into any other contract for the option, sale or other conveyance or transfer
of any right, title or interest in the Real Property. There are no unrecorded interests
in the Real Property and no tenants on the Real Property.
Seller is a public body duly formed and in good standing under the laws of the State
of Minnesota and is duly qualified to transact business in the State of Minnesota.
Seller has the requisite power and authority to enter into and perform this
Agreement and those closing documents to be signed by it; such documents have
been (or will be prior to closing) duly authorized by all necessary entity action on
the part of Seller and at the closing shall have been duly executed and delivered;
the execution, delivery, and performance by Seller of such documents does not
conflict with or result in a violation of Seller’s organizational documents, any
judgment, order, or decree of any court or arbiter to which Seller is a party or any
agreement by which Seller is bound; and such documents are and shall be valid and
binding obligations of Seller, enforceable in accordance with their terms
11
(C) No Pending Proceedings. There is no litigation, arbitration or other legal
proceeding threatened or pending with respect to the Real Property. Seller has
received no notice that the Real Property is in non-compliance with any applicable
governmental law, ordinance, rule or regulation. Seller has received no notice of
any proposed or pending special assessments against the Real Property. Seller has
received no notice of any curtailed or any restricted access to the Real Property.
Seller has received no notice of any threatened or pending condemnation or eminent
domain proceeding affecting the Real Property.
(D) Operation of Real Property. During the term of this Purchase Agreement, Seller
shall not grant any mortgage or otherwise permit any lien or encumbrance against
the Real Property. Seller shall not enter into any leases of the Real Property, except
such lease as may be terminated upon thirty (30) days’ written notice.
(E) Wells. Seller does not know of any “wells” on or serving the Property within the
meaning of Minn. Stat. § 103I.
(F) Storage Tanks. To the best of Seller’s knowledge, no above ground or underground
tanks are located, or have been located, in or about the Property.
(G) Individual Sewage Treatment Systems. To the best of Seller’s knowledge, there is
no “individual sewage treatment system” within the meaning of Minn. Stat. §
155.55 on or serving the Property.
(H) Methamphetamine. Seller is not aware of any methamphetamine production that
has occurred at the Property.
(I) No Other Warranties. Other than those expressly stated in this Purchase
Agreement, the Seller has made no other warranties or representations, and the
Buyer has not relied on any warranties or representations, express or implied,
relative to the condition of the Real Property or any other matter relative to this
Purchase Agreement except as set forth in this Purchase Agreement. The Buyer
hereby acknowledges that it has thoroughly inspected the Real Property and, other
than the representations and warranties set forth above, which representations and
warranties shall survive the applicable Closing and delivery of the Warranty Deed,
is purchasing the same in its "as is" condition as of the date hereof.
21. Cumulative Rights. Except as may otherwise be provided elsewhere herein, no right or
remedy herein conferred on or reserved to the Buyer or the Seller is intended to be exclusive
of any other right or remedy provided herein or by law, but such rights and remedies shall
be cumulative in and in addition to every other right or remedy given herein or elsewhere
or hereafter existing at law, in equity, or by statute.
22. Consent. Prior to execution of the Development Agreement, whenever the Seller's consent
shall be required herein including applications to regulatory authorities for plats, permits,
zoning or comprehensive plan amendments, such approval or consent shall be subject to
the sole and unqualified discretion of the City.
12
23. Notices. Except as otherwise provided herein, all communications, demands, notices, or
objections permitted or required to be given or served under this Agreement shall be in
writing and shall be deemed to have been duly given or served if delivered in person or
deposited in the United States mail, postage prepaid, for mailing by registered or certified
mail addressed to a party to this Agreement to the address designated by a party to this
Agreement in the foregoing manner. Any party may change its address by giving notice,
in writing, stating its new address, to any other party as provided in the foregoing manner.
Commencing on the tenth (10th) day after the giving of such notice, such newly designated
address shall be such party's address for the purposes of all communications, demands,
notices or objections permitted or required to be given or served under this Purchase
Agreement. Notices shall be deemed given on the date of delivery, if delivered, or on the
date of deposit in the U.S. Mail, if mailed.
Notices may be delivered or mailed to the following addresses:
If to Seller:
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
With a copy to:
David K. Snyder
Johnson/Turner Legal
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
If to Buyer:
DENNIS Properties
2214 Fifth Street, Suite 3
White Bear Lake, MN 55110
With a copy to:
Denny Trooien
2509 Manitou Island
White Bear Lake, MN 55110
24. Binding Effect. This Purchase Agreement shall be binding on and shall inure to the benefit
of the parties hereto and to the assigns, executors, personal representatives, heirs, and
successors of the parties.
13
25. Destruction of the Real Property. In the event any structure on the Real Property is
destroyed or substantially damaged by fire or other cause before the date of Closing, Seller
agrees to clean up all debris and remove the remaining structure(s). If the damage allows
continued use of any structure, the Seller must secure the structure from any hazardous
conditions.
26. Condemnation. In the event any condemnation or eminent domain proceeding is
threatened or commenced against the Seller or the Real Property, Seller shall provide
written notice to Buyer within five (5) days from the date such proceeding is commenced
or threatened. Seller shall provide Buyer with all documentation received by Seller in
connection with any such proceeding. Notwithstanding anything else in this Agreement to
the contrary, Buyer shall have the right to terminate this Agreement by written notice to
Seller within thirty (30) days from Buyer’s receipt of written notice from Seller, in which
event the Earnest Money shall be promptly refunded to Buyer. Buyer shall also have the
right to proceed with the closing on the acquisition of the Property in which case all of the
damages, awards, and other payments relating to the condemnation shall be assigned to
Buyer.
27. Amendment, Modification and Waiver. No amendment, modification, or waiver of any
condition, provision, or term shall be valid or of any effect unless made in writing, signed
by the party or parties to be bound or a duly authorized representative, and specifying with
particularity the extent and nature of such amendment, modification, or waiver. Any waiver
by any party of any default of another party shall not affect or impair any right arising from
any subsequent default.
28. Captions, Headings or Titles. All captions, headings, or titles in the paragraphs or section
of this Purchase Agreement are inserted for convenience of reference only and shall not
constitute a part of this Purchase Agreement as a limitation of the scope of the particular
paragraphs or sections to which they apply.
29. Reference to Gender. Where appropriate, the feminine gender may be read as the masculine
gender or the neuter gender, the masculine gender may be read as the feminine gender or
the neuter gender, and the neuter gender may be read as the masculine gender or the
feminine gender.
30. Recording of Agreement. Buyer and Seller agree to execute and record a memorandum of
this Agreement, or to record this Agreement, in the office of the Washington County
Recorder or Registrar of Titles.
31. Minnesota Law. This Purchase Agreement shall be construed and enforced in accordance
with the laws of the State of Minnesota. Any litigation shall be exclusively venued in the
Washington County District Court, Stillwater, Minnesota.
32. Breach Not Severable: A failure to comply with any condition herein including failure to
satisfy any condition required as to any foregoing listed phase shall, pending the cure of
such failure, preclude exercise of any right to acquire or develop any subsequent phase.
14
33. Assignment. Neither party may assign its interest hereunder, provided, however, that the
Seller may assign its interests to its Economic Development Agency and Buyer may assign
its interest to an entity owned and controlled by Dennis Trooien, the principal owner of
DENNIS Properties, LLC provided that it first receives Seller’s written consent. Any
transfer or assignment in violation of this Agreement shall be null and void.
34. Entire Agreement. This Agreement constitutes the entire agreement by and between the
parties and incorporates all terms and conditions of the agreement between the parties as
they related to the Real Property. This Agreement supersedes all prior Agreements
between the parties.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and
effective the day and year first set forth above.
[SIGNATURES ON FOLLOWING PAGES]
15
SELLER:
CITY OF HUGO
_________________________________
By: Tom Weidt
Its: Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this ____ day of_______________,
2020, by Tom Weidt, the Mayor of the City of Hugo, a Minnesota municipal corporation, on behalf
of said City with full authority so to do.
_________________________________
SIGNATURE OF NOTARY PUBLIC
OFFICIAL SEAL OF NOTARY PUBLIC
16
BUYER:
DENNIS Properties. LLC
By:_____________________
Dennis Trooien
Its: Chief Manager
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2020, before me, a Notary Public within and for said
County, personally appeared Dennis Trooien, to me personally known, who being by me duly
sworn did say that he/she is the Chief Manager of DENNIS Properties, LLC, a Minnesota limited
liability company on behalf of the company.
_________________________________
SIGNATURE OF NOTARY PUBLIC
RETURN TO:
David K. Snyder, Esq.
JOHNSON / TURNER LEGAL
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651) 464-7292
OFFICIAL SEAL OF NOTARY PUBLIC
17
Exhibit A
Legal Description
NEW PROPERTY DESCRIPTION
That part of Lots 5, 7, 8, 9, 10, 11, 12, 13, 14, 15, and 16 all in COUNTY AUDITORS PLAT
NO. 7, as is on file and of record in the office of the County Recorder, Washington
County, Minnesota, described as follows: Commencing at the Northeast Corner of
Government Lot 4, Section 20, Township 31, Range 21, Washington County, Minnesota;
thence South 89 degrees 54 minutes 43 seconds West, assumed bearing along the
north line thereof, 770.38 feet to the easterly Right of Way Line of U.S. Highway No. 61;
thence South 11 degrees 51 minutes 27 seconds West, along said easterly Right of Way
Line, 1150.20 feet to the Southwest Corner of said Lot 15; thence South 78 degrees 02
minutes 24 seconds East, 173.48 feet to the point of beginning of the tract to be
described; thence North 11 degrees 51 minutes 27 seconds East, 46.00 feet; thence
North 78 degrees 09 minutes 34 seconds West, 173.48 feet to said easterly Right of
Way Line; thence North 11 degrees 51 minutes 27 seconds East, along said easterly
Right of Way Line, 612.17 feet; thence South 79 degrees 15 minutes 40 seconds East,
145.81 feet to the southerly extension of the westerly line of KENNETH N. GRANGER
ADDITION, as is on file and of record in the Office of the County Recorder, Washington
County, Minnesota; thence North 11 degrees 13 minutes 45 seconds East, along said
southerly extension, 61.34 feet to a point distant 52.40 feet southwesterly of the
Southwest Corner of Lot 2 said KENNETH N. GRANGER ADDITION; thence North 79
degrees 24 minutes 05 seconds West, 145.15 feet to said easterly Right of Way Line;
thence North 11 degrees 51 minutes 27 seconds East, along said easterly Right of Way
Line, 278.07 feet; thence North 89 degrees 54 minutes 43 seconds East, 209.14 feet to
the east line of said Lot 5; thence South 00 degrees 32 minutes 40 seconds West, along
said east line, 58.99 feet to the south line of said Lot 5; thence South 89 degrees 54
minutes 42 seconds West, along said south line, 75.38 feet to the Northwest Corner of
Lot 1 said KENNETH N. GRANGER ADDITION; thence South 11 degrees 13 minutes 45
seconds West, along the westerly line of said KENNETH N. GRANGER ADDITION and it's
southerly extension, 244.73 feet to a point distant 52.40 feet southwesterly of the
Southwest Corner of said Lot 2; thence South 76 degrees 42 minutes 05 seconds East,
274.47 feet to the westerly line of Lot 3 said KENNETH N. GRANGER ADDITION; thence
South 00 degrees 20 minutes 17 seconds West, along said westerly line, 64 feet more
or less to the shore line of Egg Lake; thence southwesterly along said shore line, 737
feet more or less to a line which bears South 78 degrees 02 minutes 24 seconds East
from the point of beginning; thence North 78 degrees 02 minutes 24 seconds West,
110 feet more or less to the point of beginning
18
Exhibit B
Permitted Encumbrances1. The Development Agreement contemplated by this Purchase
Agreement containing, among other things:1. A restrictive covenant that Buyer shall have
completed construction of an approved development, public and private infrastructure and
buildings pursuant to City approvals not later than December 31, 2022 for Phase 1.
2. In the event that Buyer has not substantially completed the Phase 1 improvements per plans
and development agreement approved by the City Council by December 31, 2022, then the City,
at its option, may no later than March 1, 2023 pay the Buyer an amount equal to 100% or actual
construction cost of all improvements actually constructed on the Phase 1Real Property for
development of the Real Property (“Repurchase Price”).
3. Upon payment from the City to the Buyer of the Repurchase Price, the Buyer shall deliver to
City a Warranty Deed conveying the Phase 1Real Property to the City free and clear of liens and
encumbrances.
4. A restrictive covenant that Buyer shall have completed construction of an approved
development, public and private infrastructure and buildings pursuant to City approvals not later
than eighteen (18) months after the Second Phase Closing Date for Phase 2..
5. In the event that Buyer has not substantially completed the improvements per plans and
development agreement approved by the City Council by eighteen (18) months after the Second
Phase Closing Date, then the City, at its option, may no later than twenty (20) months after the
Second Phase Closing Date pay the Buyer an amount equal 100% construction cost of all
improvements actually constructed on the Phase 2 Real Property (“the Phase 2 Repurchase
Price”).
6. Upon payment from the City to the Buyer of the Phase 2 Repurchase Price, the Buyer shall
deliver to City a Warranty Deed conveying the Phase 2Real Property to the City free and clear of
encumbrances.
7. Upon final approval from the City of the completion of the improvements, City shall execute
and deliver to Buyer a waiver of these deed restrictions as to the applicable Phase which may be
recorded as evidence that these restrictions are fully satisfied and of no further force and effect.
8. The Real Property and the rights and liabilities created under these deed restrictions may not
be assigned by Buyer without express written approval of City. Any assignment which is not so
approved before these restrictions are removed or without City approval shall be void and of no
effect.
9. Easements and encumbrances of record, except those to be relocated according to section 11
of the Purchase Agreement.
10..Zoning approvals and regulations.
19
ESCROW AGREEMENT
The undersigned, Land Title, Inc. (“Escrow Agent”), agrees to hold the Earnest
Money referred to in the foregoing Purchase Agreement in accordance with the terms of such
Purchase Agreement and disburse the same strictly in accordance with such terms. Escrow
Agent shall hold the Earnest Money in an account at a financial institution whose deposits are
insured by the FDIC.
Escrow Agent shall have no responsibility for any decision concerning performance or
effectiveness of the Purchase Agreement or to resolve any disputes concerning the Purchase
Agreement. Escrow Agent shall be responsible only to act in accordance with the joint and mutual
direction of both Seller and Buyer, or in lieu thereof, the direction of a court of competent
jurisdiction. Seller and Buyer undertake to hold Escrow Agent harmless from all claims for
damages arising out of this Escrow Agreement and do hereby agree to indemnify Escrow Agent
for all costs and expenses in connection with this escrow, including court costs and attorneys' fees,
except for Escrow Agent's failure to account for the funds held hereunder, or acting in conflict
with the terms hereof.
Land Title, Inc.
By_________________________, its __________________
Date: ____________________________________________
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DOWNTOWN
HUGO PLAN
06.28.2019
AERIAL SITE PLAN
TOTAL PARKING:
200 STALLS
TOTAL SQ FT:
89,000 SQ FT
DOWNTOWN BUILDINGS
2 STORY
60,000 SQ FT
1ST FLOOR - RETAIL
2ND FLOOR - COMMERCIAL /
HOUSING
LAKESIDE BUILDINGS
1 AND 2 STORY
29,000 SQ FT
1ST FLOOR - RESTAURANT /
RETAIL
2ND FLOOR - COMMERCIAL /
HOUSING
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DOWNTOWN
HUGO PLAN
06.28.2019
GOOGLE REGIONAL
PLAN
U.S.HIGHWAY NO. 61 [FOREST BLVD N]147TH ST. NON
E
K
A
L
A
K
E
B
L
V
D
NEGG LAKE RD N 140TH ST. NFRENCHMAN RD
EGG LAKE
SITE NS
E
W
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DOWNTOWN
HUGO PLAN
06.28 .2019
LAKESIDE
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DOWNTOWN
HUGO PLAN
06.28 .2019
MAIN STREET
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DOWNTOWN
HUGO PLAN
06.28 .2019
DOCKWALK