Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2021.07.19 CC Packet
Meetings of the City Council are held in the Council Chambers. For those wishing to speak but do not wish to attend can participate in the meeting virtually via ZOOM pursuant to MN Statute Sec. 13D.021. The meeting ID and passcode are below. For more information on virtual participation, visit https://www.ci.hugo.mn.us/participate. Meeting ID: 815 3048 8302 Passcode: 798776 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. June 21, 2021, City Council Meeting 2. July 6, 2021, Lions Park Ground Breaking E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Metropolitan Council Representative Susan Vento 2. Presentation of 2020 Audit Report – Jason Miller, Smith Schafer & Associates 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 Special Event Permit for Wilson Tool Company Picnic 3. Approve Temporary Liquor License for the Lions for Wilson Tool Company Picnic 4. Approve Special Event Permit for Blue Heron Tent Party 5. Approve Donation to the Hugo Fire Department from the Bayport American Legion 6. Approve Ordinance and Personnel Policy Amendment Regarding Firefighter Response Times 7. Approve Resolution Approving Interim Use Permit for Centra North, LLC for Hugo Meadows Sign 8. Approve Reduction in Cash Escrow for Hugo Gardens 9. Approve Resolution Approving Encroachment Agreement for Fence at 15817 Ethan Trail Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, JULY 19, 2021 – 7 P.M. 10. Approve Hugo Firefighter’s Relief Association Request for Increase in Lump-Sum Pension 11. Approve Hiring of Terence Hagstrom as New Building Inspector 12. Approve Pay Request No. 9 to Ebert Construction for Public Works Facility 13. Approve Pay Request No. 1 to Ebert Construction for Salt Storage Building 14. Approve Hiring Special Inspector for Lions Park Pavilion 15. Approve Resolution for Bond Reimbursement for Lions Park and Related Improvements 16. Approve Replacement of Public Works Truck #115-12 17. Approve Replacement of Public Works Truck #103-11 H. PUBLIC HEARINGS 1. 121st Street and Acres of Bald Eagle Improvement Project Hold Public Hearing on Improvements Approve Resolutions Approving variance, property line adjustment, minor subdivision, preliminary plat, final plat, and development agreement Approve Resolution Ordering the Improvements and Authorizing Advertisement for Bids 2. Property Tax Abatement for Lions Park Improvements and Related Public Improvements Consider Amenities Including Phase 2 Playground and Security Cameras Hold Public Hearing on Tax Abatement Approve Resolution on Tax Abatement District I. UNFINISHED BUSINESS 1. None Scheduled J. NEW BUSINESS 1. None Scheduled K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. None Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Vacancy on Brown’s Creek Watershed District Board of Managers 2. National Night Out on Tuesday, August 3, 2021 3. Reschedule September 6 Council Meeting to September 7, 2021 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JUNE 21, 2021 D.1 Approve Minutes for the June 21, 2021, City Council Meeting D.2 Approve Minutes for the July 6, 2021, Lions Park Ground Breaking Staff recommends Council approve the minutes as presented. F.1 Metropolitan Council Representative Susan Vento Met Council Representative Susan Vento will be in attendance to provide an update on Metropolitan Council activities. F.2 Presentation of 2020 Audit Report – Jason Miller, Smith Schafer & Associates Jason Miller from the independent accounting firm of Smith Schafer & Associates will present a recap of the audit of City finances for the 2020 fiscal year. The Council will listen to the presentation from Jason Miller after which questions will be taken. The audit report can be found on the City’s website. City staff recommends Council formally accept the 2020 City Audit as recommended by Interim Finance Director Anna Wobse. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Special Event Permit for Wilson Tool Company Picnic Wilson Tool has applied for a Special Event Permit to hold their annual company picnic on Saturday, August 14, 2021, at the Hanifl Shelter and Fields. This event requires a Special Event Permit approved by Council because there will be amplified sound, alcohol served, temporary structures (tents), and approximately 800 people are expected to attend. This is a private event and free of charge to Wilson Tool employees and their families. There will be food, beer garden, petting zoo, yard games, and bingo. Staff recommends Council approve the Special Event Permit for Wilson Tool subject to the conditions attached to the permit. G.3 Approve Temporary Liquor License for the Lions for Wilson Tool Company Picnic The Hugo Lions Club has applied for a temporary on-sale liquor license to serve beer at the Wilson Tool company picnic on Saturday, August 14, 2021. Staff recommends Council approve the temporary permit for the Hugo Lions Club. G.4 Approve Special Event Permit for Blue Heron Tent Party The Blue Heron Bar and Grill, 14725 Victor Hugo Boulevard, has applied for a Special Event Permit for their annual outdoor tent party to be held on Friday, August 27 and Saturday, August 28, 2021. A Special Event Permit approved by Council is necessary because alcohol will be sold outdoors, approximately 500 people are expected to attend, it will extend after dark, and there will be amplified music. Staff recommends Council approve the Special Event Permit for the Blue Heron Tent Party on August 27 and 28, 2021, subject to the conditions attached to the permit. G.5 Approve Donation to the Hugo Fire Department from the Bayport American Legion The Bayport American Legion would like to donate $5,000 to the Hugo Fire Department. Donations to the department must be approved by the City Council. Staff recommends Council approve the donation to the Fire Department from the Bayport American Legion Post 491 in the amount of $5,000. G.6 Approve Ordinance and Personnel Policy Amendment Regarding Firefighter Response Times Hugo Fire Chief Jim Compton Jr. is requesting to change the requirements for how far away someone would have to live from the station in order to get hired on the fire department. He is proposing they live within an eight minute radius of the Fire Hall instead of six minutes as currently required. Response times are addressed in the City Code and the personal policy. Staff recommends Council approve the ordinance amending Hugo City Code, Chapter 34, Fire Prevention and Protection, Section 34-1, Administration, to reference the Hugo Personnel Policy for firefighter requirements. Staff further recommends Council approve the amendment to the Personnel Policy changing the response time from six minutes to eight minutes. G.7 Approve resolution Approving Interim Use Permit for Centra North, LLC for Hugo Meadows Sign Centra North, LLC is requesting approval of an interim use permit to allow one temporary off-site directional sign for the Meadows at Hugo residential development. The sign is proposed to be located at 5850 159th Street North. The Hugo Planning Commission considered the request at their July 8, 2021 meeting and held a public hearing. No one spoke at the public hearing. The Planning Commission recommended approval of the interim use permit for Centra North, LLC to allow a temporary off-site direction sign for the Meadows at Hugo residential development, subject to the conditions listed in the resolution. G.8 Approve Reduction in Cash Escrow 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 $1,810,892. Staff has inspected the work completed to date and recommends Council approve the reduction in cash escrow to $1,651,778 based on the value of work remaining to be completed. G.9 Approve Resolution Approving Encroachment Agreement for Fence at 15817 Ethan Trail North Timothy Vang and Hlee Moua have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15817 Ethan Trail North. Staff recommends approval of the encroachment agreement. G.10 Approve Hugo Firefighter’s Relief Association Request for Increase in Lump-Sum Pension The Board of Trustees for the Hugo Firefighter’s Relief Association has formally requested City Council ratification of an increase of $300 per year of service in their lump-sum pension benefit. The Finance Department has reviewed this request and finds it to be financially feasible and consistent with the Pension Fiscal Policy adopted in April, 2012. Staff recommends Council ratify the Board of Trustees request for a $300 increase in their lump-sum pension benefit and corresponding change to their by-laws. G.11 Approve Hiring of Terence Hagstrom as New Building Inspector At its May 17, 2021, meeting, Council approve the job description and advertisement for a Building Inspector. The City received eleven applications and interviewed eight for the position. Staff found Terence (Terry) Hagstrom to be the best fit for the position. Staff recommends Council approve the hiring of Terry Hagstrom as the new Building Inspector effective July 12, 2021. G.12 Approve Pay Request No. 9 to Ebert Construction for Public Works Facility Ebert Construction has submitted Pay Request No. 9 for the Hugo Public Works Facility project in the amount of $1,272,818.87. 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 June 30, 2021, with a 5% retainage applied. Total retainage being held for the project to date is $223,803.54. Staff recommends Council approve Pay Request No. 9 for Ebert Construction in the amount of $1,272,818.87. G.13 Approve Pay Request No. 1 to Ebert Construction for Salt Storage Building Ebert Construction has submitted Pay Request No. 1 for the Public Works salt and materials storage building project in the amount of $55,963.54. 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 July 6, 2021 with a 5% retainage applied. The total retainage being held to date will be $2,945.46. Staff recommends Council approve payment request #1 in the amount of $55,963.54 to Ebert Construction for the construction of the City of Hugo Public Works salt and materials storage building. G.14 Approve Hiring Special Inspector for Lions Park Pavilion Proposals were received from Northern Technologies, LLC (NTI) and American Engineering Testing, Inc. (AET) to provide third party inspections for the pavilion in Lions Park. The proposals are for special inspections and testing including earthwork observation, soil testing, concrete testing, and structural steel and connections inspection and testing. NTI provided the lowest quote for the scope of work. Staff recommends the hiring of NTI for special inspections in the amount of $14,860. G.15 Approve Resolution for Bond Reimbursement for Lions Park and Related Improvements Federal treasury regulations permit the City to issue bonds after construction has begun on a project and use the subsequent bond proceeds to reimburse itself for expenses that have already been paid, subject to certain timelines. To comply with these regulations, the Council must approve a bond reimbursement resolution. Passage of this resolution does not require the City to issue bonds; it merely preserves the City’s rights to do so. Staff recommends Council adopt the bond reimbursement resolution relating to the Lions Park improvements and related public improvements. G.16 Approve Replacement of Public Works Truck #115-12 Included in the City’s Equipment Replacement schedule is funding for the purchase of 1-ton dump truck to replace the Department’s aging 2012 Ford F-550. The current truck is used for two main functions. In the winter months, it is used by our tree trimming crew to haul tree debris. During the summer, it is used by our asphalt crew to haul asphalt. Staff has worked diligently to research and specify the appropriate truck to meet the current needs of the Public Works Department. Staff recommends purchasing a 2021 Ford F-600 cab and chassis from Boyer Ford and a dump body from Custom Truck One Source. This truck will be purchased off a state contract through the Cooperative Purchasing Venture (CPV) assuring the City of a fair and discounted price of $78,535.90 plus tax and licensing. With the delays in the production of vehicles, we would like to place the order for this truck now so we can take delivery sometime in 2022 when the truck is up for replacement. Staff recommends that council authorize the purchase of the Ford F-600 cab and chassis from Boyer Ford and a dump body from Custom Truck One Source through the State of Minnesota Cooperative Purchasing Venture for a price of $78,535.90 plus tax and licensing. G.17 Approve Replacement of Public Works Truck #103-11 Included in the City’s 2021 Equipment Replacement Fund is funding for the purchase of 1-ton dump truck to replace the Department’s aging 2011 Ford F-550. The current truck is used for two main functions. In the winter months, it is used for the snow plowing of cul-de-sacs. In the summer months, it is used by our parks employees for routine park maintenance. Staff has worked diligently to research and specify the appropriate truck to meet the current needs of the Public Works Department. Staff recommends purchasing a 2021 Ford F-600 cab and chassis from Boyer Ford and a dump body and plow from Custom Truck One Source. This truck will be purchased off a state contract through the Cooperative Purchasing Venture (CPV) assuring the City of a fair and discounted price of $81,153.90 plus tax and licensing. Staff recommends that council authorize the purchase of the Ford F-600 cab and chassis from Boyer Ford and a dump body and plow from Custom Truck One Source through the State of Minnesota Cooperative Purchasing Venture for a price of $81,153.90 plus tax and licensing. H.1 Public Hearing on 121st Street and Acres of Bald Eagle Improvement Project and Approval of Related Items Previously the Council had received the feasibility report and set the public hearing date for the 121st Street and Acres of Bald Eagle Utility and Street Improvements between Everton Avenue and Falcon Avenue. Staff recommends the City Council hold the public hearing and take any and all comments. Drengson May Enterprises, LLC, is requesting approval of a property line adjustment, variance, minor subdivision, preliminary plat, final plat, and development agreement for a residential development to be known as “Acres of Bald Eagle” consisting of nine single family homes on approximately 13 acres of property. At its July 8, 2021, meeting the Planning Commission held a public hearing and considered the request. Staff recommended approval of the applications subject to the conditions in the resolutions. There were several residents that spoke during the public hearing on a variety of topics. The concerns were regarding the height of homes, wildlife, preservation of trees, grading, drainage, and flooding. The Planning Commission agreed that the requirements were met to approve the applications. The Planning Commission unanimously recommended approval of the variance, property line adjustment, minor subdivision, and preliminary plat, for a residential development to be known as “Acres of Bald Eagle”, subject to the conditions listed in the resolutions. Staff recommends approval of the final plat and development agreement, subject to the City Attorney’s approval. Staff recommends approval of the resolution ordering the public improvements, approving plans and specifications and ordering advertisement for bids for the 121st Street and Acres of Bald Eagle Utility and Street Improvements. H.2 Public Hearing on Property Tax Abatement for Lions Park Improvements and Related Public Improvements and Approval of Related Items At the June 21, 2021 meeting, Council awarded bids for the downtown improvement project and Lions Park Site Improvements, new park pavilion, and CSAH 8 Stormwater Reuse Project. Purchase of playground equipment from Flagship Recreation was also approved and Council directed staff to prepare a cost estimate for the equipment planned for phase two. Phase two equipment is planned to include a 13+ challenge/ fitness course which would complete the playground designed by the Playground Committee. Quotes were received for the playground equipment and two surfacing options- artificial turf totaling $251,605.57 or pour-in-place totaling $207,854.64. Staff recommends Council approve the purchase of playground equipment and preferred surfacing from Flagship Recreation. A proposal was received from Electro Watchman to install an access/door control system in the Lions Park Pavilion in the amount of $26,360.95. A proposal was also received to install an Avigilon Security Camera System which would provide coverage on the interior and exterior of the pavilion and the adjacent parking lots in the amount of $47,213.17. Staff recommends approval of the quote from Electro Watchman to provide and install access control and camera systems at the Lions Park Pavilion in the amount of $73,574.12. At the June 21, 2021 City Council meeting, Council also called for a public hearing on tax abatement to be held on July 19, 2021 in preparation for considering the sale of Tax Abatement Bonds to pay for the Lions Park and related public improvements. Minnesota statues allow cities to issue General Obligation Tax Abatement Bonds to finance the construction of public facilities; including parks and recreation and community centers. The statutes require that a hearing be held to gather public input regarding the establishment of a tax abatement area for financing the public improvements. Mikaela Huot from Baker Tilly will present information to the Council regarding the use of tax abatement to finance the Lions Park improvements and related public improvements. Staff recommends Council hold the scheduled public hearing and following the public hearing confirm that they expect the benefits of the proposed abatement to equal or exceed the costs to the City and confirm that the proposed abatement is in the public interest. Staff recommends that Council approve the Resolution Approving Property Tax Abatements. M.1 Vacancy on Brown’s Creek Watershed District Board of Managers MN Statute 102D.311 provides that the County Board select watershed district managers from a list of nominees submitted by the municipalities. A term on the Brown’s Creek Watershed District will expire on June 6, 2021. If the City would like to submit a list of nominees, Washington County is requesting that be done by September 23, 2021. Anyone wishing to be on the Board should contact the City. M.2 National Night Out on Tuesday, August 3, 2021 At its meeting on June 19, 2021, Council scheduled a meeting to attend National Night Out events on Tuesday, August 3, 2021. Staff recommends Council decide on a time and place to meet on Tuesday. M.3 Reschedule September 6 Council Meeting to September 7, 2021 The Council’s first meeting in September falls on the Labor Day Holiday, Monday, September 6. Staff recommends Council reschedule the first meeting in September to Tuesday, September 7, 2021. N. Adjournment Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT: Klein, Miron, Strub, Weidt COUNCIL PRESENT REMOTELY: Petryk OTHERS PRESENT: City Administrator Bryan Bear, Community Development Director Rachel Juba, Community Development Assistant Emily Weber, Parks Planner Shayla Denaway, City Engineer Mark Erichson, City Clerk Michele Lindau OTHERS PRESENT REMOTELY: City Attorney Dave Snyder Approval of Minutes for the June 7, 2021, City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on June 7, 2021, as presented. All Ayes. Motion carried. Approval of Minutes for the June 7, 2021, City Council Executive Session for Acquisition of Property for Downtown Street Project Klein made motion, Strub seconded, to approve the minutes for the City Council Executive Session held on June 7, 2021, as presented. All Ayes. Motion carried Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as presented. All Ayes. Motion carried. Approval of Consent Agenda Klein made motion, Miron seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Special Event Permit for Tough Mudder 3. Approve Temporary Liquor License for Hugo Lions Club for the Tough Mudder 4. Approve Resolution Authorizing Acceptance of the Coronavirus Local Fiscal Recovery Funds Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, JUNE 21, 2021 – 7 P.M. Hugo City Council Meeting Minutes for June 21, 2021 Page 2 of 9 5. Approve Resolution Approving Encroachment Agreement for Fence at 14276 Evergreen Avenue North - Anna Lovegren 6. Approve Extension of Purchase Agreement Timeline for City Owned Property 7. Approve Application for Washington County CDA Predevelopment Grant All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claim Roster as presented. Approve Special Event Permit for Tough Mudder The Tough Mudder had applied for a Special Event Permit to hold their two- day endurance sport event at Wild Wings Game Farm on July 10 and 11, 2021. This would be the fifth year the event was held at Wild Wings. This event was not held last year due to COVID. A Special Event Permit approved by Council was required because there would be approximately 7,305 people on site on Saturday and 1,436 on Sunday, impacts to public streets, use of an amplified sound system, and alcohol served. Staff had reviewed the application with Wild Wings, the Hugo Fire Department, and the Washington County Sheriff’s Department. Adoption of the Consent Agenda approved the Special Event Permit for the Tough Mudder event to be held on July 10 and 11, 2021, with the conditions attached to the permit. Approve Temporary Liquor License for Hugo Lions Club for the Tough Mudder The Hugo Lions Club had applied for a Temporary Liquor License to serve beer at the Tough Mudder event on July 10 and 11, 2021. Beer would be supplied by Goose Island, and race participants would receive one free beer with the registration if they are 21+ years of age. Identification would be checked and wristbands used. Two deputies would be located in the base area where alcohol is served. Adoption of the Consent Agenda approved the Temporary Liquor License for the Tough Mudder event on July 10 and 11, 2021. Approve Resolution Authorizing Acceptance of the Coronavirus Local Fiscal Recovery Funds At their June 7, 2021 City Council meeting, Council expressed interest in accepting the estimated $1,600,000.00 in Coronavirus Fiscal Recovery Funds that the City of Hugo was eligible to receive under the American Rescue Plan Act. The Coronavirus Fiscal Recovery Fund was established to provide a substantial infusion of resources to help turn the tide on the COVID-19 pandemic, address the pandemics economic fallout, and lay the foundation for a strong and equitable recovery. Eligible uses of the recovery funds included responding to the COVID-19 public health emergency and the negative economic impacts of the pandemic, premium pay for essential workers, replacement of revenue lost due to the pandemic that would be used to provide vital government services, and necessary investments in water, sewer and broadband infrastructure. Guidance issued by the United States Department of Treasury classified cities under 50,000 in population, which included the City of Hugo, as non-entitlement units of local Hugo City Council Meeting Minutes for June 21, 2021 Page 3 of 9 government and directed these cities to receive their per capita share of the recovery funds from their state government. The State of Minnesota and Minnesota Management and Budget had finalized the certification process for non-entitlement cities and opened the portal for applications. Adoption of the Consent Agenda approved RESOLUTION 2021-39 AUTHORIZING ACCEPTANCE OF THE CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS ESTABLISHED UNDER THE AMERICAN RESCUE PLAN ACT. Approve Resolution Approving Encroachment Agreement for Fence at 14276 Evergreen Avenue North - Anna Lovegren Anna Lovegren, 14276 Evergreen Avenue North, had applied for an encroachment agreement to allow a fence to be constructed within a drainage and utility easement on her property. Adoption of the Consent Agenda approved RESOLUTION 2021-40 APPROVING AN ENCROACHMENT AGREEMENT FOR ANNA LOVEGREN TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 14276 EVERGREEN AVENUE NORTH. Approve Extension of Purchase Agreement Timeline for City Owned Property At their September 15, 2020, meeting, the Hugo EDA made a motion to direct staff to work with Denny Trooien on his proposal for the purchase agreement for City-owned property along Egg Lake. The Council approved the purchase agreement at their December 7, 2020, meeting, and the agreement was executed on January 20, 2021. Trooien had presented his concept plan to the EDA, which included restaurants and retail spaces as well as common space and a dock area. Mr. Trooien had been working on putting together concepts for the property and had meet with staff and other entities such as the MN DNR to work out development details. The applicant requested more time to determine if flexibility would be allowed on some of the regulations such as shoreland setbacks. The existing term of the purchase agreement stated that phase one was to be closed on November 20, 2021. Mr. Trooien had requested a six month extension to allow the closing to occur on May 20, 2022. The EDA considered this at their June 15, 2021, meeting and unanimously recommended approval. Adoption of the Consent Agenda approved a six- month extension of the purchase agreement. Approve Application for Washington County CDA Predevelopment Grant Washington County CDA had a pre-development grant program for planning areas of communities that have not been developed yet. Each city in the county could apply for $40,000 per year with a 1:1 match. The match could be local or by a private entity or landowner; however, the City was required to apply for the grant. Marvin and Judith LaValle had requested that the City apply for the grant for land use planning for their property south of County Road 8 and west of Highway 61. The property was mostly vacant with a few barns. LaValles wanted to complete an Alternative Urban Areawide Review (AUAR) to determine the best land uses for their property. The AUAR was a planning tool that communities can use to evaluate different development scenarios and environmental impacts on the property. The AUAR would also satisfy the environmental requirements that could be triggered with development of the property. The LaValle’s had proposed to request a $40,000 grant for the market study and AUAR and Hugo City Council Meeting Minutes for June 21, 2021 Page 4 of 9 would be responsible for the match. The EDA considered the request at its June 15, 2021, meeting and unanimously recommended approval to the Council. Adoption of the Consent Agenda approved RESOLUTION 2021-41 AUTHORIZING SUBMITTAL OF AN APPLICATION FOR FUNDING FROM THE WASHINGTON COUNTY CDA PREDEVELOPMENT FINANCE FUND. Award of Bid for Downtown Improvement Project and Lions Park Site Improvements City Engineer Mark Erichson explained that the City had received bids on the storm water reuse project on June 11th, the Lions Park pavilion project on June 15th, and the Lions Park site improvements and the downtown street project on June 16th, saying all projects were intertwined. He showed where the projects were located and the master plan for the park. On Wednesday, June 16, 2021, bids were opened for the 2021 Downtown Improvement Project / Lions Park Project. Four bids were received with the base bid plus four alternates ranging from $6,229,214.95 to $9,644,833.95 with the Engineer’s Estimate totaling $6,934,656.55. The low bidder was Peterson Companies, Inc. in the amount of $6,229,214.94. This included the base bid and the alternate bids. Alternate A related to the court development, Alternate B related to was for the northwest parking lot, Alternate C was for the building demo, and Alternate D was for the pedestrian lights. Klein made motion, Petryk seconded, to approve the bids and award the contract to Peterson Companies, Inc. in the amount of $6,229,214.94. All Ayes. Motion carried. Approve Proposal from Flagship Recreation for the Playground in Lions Park Parks Planner Shayla Denaway showed the final rendering of the playground equipment and explained the Lions Park Playground Stakeholder Committee reviewed four proposals from playground vendors and selected Flagship Recreation. The committee met four times to refine their preferred playground design which included embankment activities, a large climbing tower, zip lines, and sensory activities. It also included installation, aggregate base, pour-in-place surfacing and play sand. She stated staff recommended Council approve the proposal from Flagship Recreation in the amount of $499,907.22 Strub made motion, Klein seconded, to approve the proposal from Flagship Recreation in the amount of $499,907.22. All Ayes. Motion carried Award of Bid for Pavilion in Lions Park At their May 3, 2021 meeting, City Council had approved plans and specs and authorized advertisement of bids for an approximately 5,500 square foot pavilion with an attached picnic shelter at Lions Park, 5524 Upper 146th Street North. Parks Planner Shayla Denaway showed the final rendering of the pavilion and explained it was designed with the help of a stakeholder Hugo City Council Meeting Minutes for June 21, 2021 Page 5 of 9 committee. Bids were open on June 15, 2021, and 11 bids were received. The base bids ranged from $3,009,890 to $3,311,000, with the low bidder being Schreiber Mullaney Construction Co. Denaway explained there were two alternatives in the project. One was to provide a sun control window film instead of the solar glazing, and staff recommended that alternate be rejected because the cost reduction was viewed as not worth it. Another alternate was to provide a 90 mil roof liner instead of the 60 mil roof liner, and staff recommended they accept that. Miron made motion, Klein seconded, to approve bids for the Lions Park Pavilion, including $13,000 in alternatives, and Award a Contract to Schreiber Mullaney Construction Co., Inc in the amount of $3,022,890. All Ayes. Motion carried. Schedule Public Hearing on Tax Abatement for July 19, 2021 Park Planner Shayla Denaway summarized the bids the Council had just awarded. The downtown street and park improvement project was approximately $2.9 million in City funds and $3.3 million in park project funding. The pavilion bid was approximately $3,022,000. Excel had estimated the undergrounding of powerlines to cost $100,000. Legal, engineering, administrative, and financing costs came to $731,786 for the downtown project in general, and $601,890 for the park, which included the drafting of the construction documents and work already done. Estimates for items associated with the pavilion were at $286,000, and the playground equipment $499,907. Total for the street improvement project was $3,658,931 and the park project $7,809,871 City Engineer Mark Erichson added that 147th Street was a State Aid street, so those improvements and the turn lanes at Oneka Parkway were reimbursable through those funds, and some of the grants for the CSAH 8 water reuse project would be used for both projects. Denaway concluded by saying that since the Council decided to move forward with the Lions Park Improvement Project, staff was recommending Council schedule a public hearing on tax abatement at the July 19, 2021, City Council meeting as preparation in considering of the sale of Tax Abatement Bonds to pay for the improvements. Weidt made motion, Petryk seconded, to schedule a public hearing on tax abatement at the July 19, 2021, City Council meeting. All Ayes. Motion carried. Award of Bid for CSAH 8 Stormwater Reuse Project City Engineer Mark Erichson reviewed the bids for the CSAH 8 Stormwater Reuse Project and explained the project would reconnect irrigation systems and serve 22 acres along CSAH 8, Lions Park, Keystone Place, Hugo Gardens, Lions Park, and City Hall. Water would be pumped from the stormwater pond located in the NE quadrant of CSAH 8 and Oneka Parkway to the existing and future irrigation systems, conserving an estimated 14 million gallons of water Hugo City Council Meeting Minutes for June 21, 2021 Page 6 of 9 annually. The City of Hugo had secured $568,450 in grants for the project. On Friday, June 11, 2021, bids were opened. Two Bids were received, ranging from $514,500.65 to $1,046,128.00 with the Engineer’s estimate totaling $534,985.00. He explained the low bidder, Peterson Companies, was also the low bidder for the downtown street and Lions Park site improvements projects and had successfully bid on other water reuse projects in Hugo. Staff recommended the Council consider these bids and award a contract in the amount of $514,500.65 to Peterson Companies, Inc., based on the results of the bids received. Miron made motion, Klein seconded, to receive these bids and award a contract in the amount of $514,500.65 to Peterson Companies, Inc., based on the results of the bids received. All Ayes. Motion carried. Before going on the next item, Mayor Weidt asked if staff could look at what Phase 2 of the playground project would cost. Shayla provided a rough estimate, depending on what was chosen for equipment, of between $175,000 and $250,000. She said if Council could consider it at the next meeting. A budget would be set, and the committee could refine what it would look like. Weidt made motion, Klein seconded, to direct staff to come up with a design and estimate for the Phase 2 of the playground area. Al Ayes. Motion carried. Erichson said the next step would be to schedule preconstruction meetings, and he provided completion dates for the projects. The road construction was to be substantially complete by November 19, 2021, the Lions Park site improvements by November 24, 2021, the Lions Park pavilion by April 1, 2022, and outdoor spaces of the park by July 15, 2022, and final completion of all projects by August 8, 2022. Erichson recommend they set a date for groundbreaking sometime between July 6-8. Weidt made motion, Klein seconded, to schedule the groundbreaking for Lions Park for Tuesday, July 6, 2021, at 4 p.m. All Ayes. Motion carried. Receive Feasibility Study and Set Public Hearing for 121st Street Improvement Project In February, City Council reviewed the Acres of Bald Eagle sketch plan (Drengson Subdivision) and provided the development team feedback. At the June 7, 2021, City Council meeting, the Council authorized the preparation of a feasibility study for the project. City Engineer Mark Erichson explained the project was located in the Metropolitan Urban Service Area, and utilities would be extended to this area and adjacent areas. Also proposed were road improvements and drainage improvements. He showed the sketch plan that consisted of nine lots adjacent to 121st Street and explained the preliminary design had utilities extended Hugo City Council Meeting Minutes for June 21, 2021 Page 7 of 9 past 12 existing properties that were not included in the concept plan. These property owners had individual wells and septic systems and were interest in connecting. Erichson showed the utilities being proposed and the properties that would be assessed. The improvements funded through assessments would be sanitary sewer from the development street to two existing properties on Falcon Avenue and sewer and water service to properties abutting 121st Street and Falcon Avenue. All other improvements would be the responsibility of the developer. He provided the overall improvement costs explaining the Acres of Bald Eagle would pay $711,881.18, the City’s cost would be $49,932.44 for oversizing the water main, and the assessments would pay for $113,315.64, for a total cost of $875,129.26. He recommended Council approve the resolution receiving the feasibility study and setting the public hearing for the utility and street improvement project. There was a question by Council on whether assessments included hookup to the homes. Erichson explained the assessment would be for extending service to the property, and the homeowner would be responsible to pay for hookup. Weidt made motion, Petryk seconded, to approve RESOLUTION 2021-42 RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 121ST AVENUE AND ACRES OF BALD EAGLE UTILITY & STREET IMPROVEMENTS PROJECT. All Ayes. Motion carried. Discussions on Possible DNR Restrictions Concerning Outdoor Water Use City Administrator Bryan Bear informed Council that the City had been notified by the DNR that an order banning outdoor water use may be forthcoming if drought conditions continued. Community Development Assistant Emily Weber presented information on what the City’s role would be when such and order is issued. Weber provided background on the City’s Local Water Supply Plan that stated how to allocate water during an emergency and outlined the City’s conservation objectives and strategies. City Code also allowed the Council to adopt a resolution imposing regulations. A resolution adopted in 2001 imposed an odd/even watering restriction on properties that used the City’s water supply system. Addresses ending in an odd number could water on odd days, even number on even days, except for new sod and vegetation. A resolution was also adopted that established a $25 penalty for the first offense and $50 for each subsequent offences within one year. Weber explained if dry conditions continued, the MN DNR may ask cities to implement water restrictions. Additionally, if the Governor declared a critical water deficiency by executive order, Hugo would need to adopt and enforce water conservation restrictions on non-essential uses as outlined in MN State Statute. Weber explained that stormwater reuse projects helped the City conserve water, and there was no concern with the City’s infrastructure meeting demand; however, concerning behaviors pertaining to water usage had been noticed such as water during the middle of the day, and residents were concerned about low stormwater ponds. She asked Council to discuss the current water restrictions and stated there was an opportunity to educate residents. Hugo City Council Meeting Minutes for June 21, 2021 Page 8 of 9 It was asked by Council if the levels of the current stormwater ponds were meeting their minimum and if some of the stormwater reuse systems were converting to City water. Bear replied that there were a couple of ponds that were very low, and restrictions placed on residents by their HOAs were causing some residents to connect a hose to the City’s water supply for outside irrigation. It was asked if even/odd restriction applied to private wells, and it was explained the resolution only pertained to City water. Bear talked about neighborhoods continuing the frequent watering that began when they were establishing sod. This was monitored and regulated by the HOAs. Weidt talked about how fragile access to water was and felt education needed to be done. Rules needed to be considered that included stormwater ponds. The Council generally agreed it was important to be proactive. It was suggested engaging the HOAs to help with implementation and education on water conservation. There was also a suggestion to send a friendly letter to the top water users, as was done in the past, as a reminder and heads up that more restrictive measures may be forthcoming. Weidt made motion, Klein seconded, to direct staff to look at the City’s ordinance to strengthen the requirements and language on both the City water users and water reuse users and to work on the education piece. All Ayes. Motion carried. Cancel July 5, 2021 Council Meeting City Administrator Bryan Bear informed Council the first regular Council meeting in July was on July 5, 2021, the same day as Independence Day (4th of July) was observed. He explained Council could cancel the meeting or reschedule it. Staff had no agenda items, and he recommended Council cancel the meeting. Weidt made motion, Klein seconded, to cancel the first regular Council meeting in July. All Ayes. Motion carried. Schedule National Night Out for Tuesday, August 3, 2021 City Administrator Bryan Bear informed Council that National Night Out was scheduled for Tuesday, August 3, 2021. In the past, Council attended neighborhood parties along with the Hugo Fire Department and Washington County Sheriff’s Office personnel. Klein made motion, Miron seconded, schedule a meeting to attend National Night Out events on Tuesday, August 3, 2021. All Ayes. Motion carried. Hugo City Council Meeting Minutes for June 21, 2021 Page 9 of 9 Schedule Midyear Budget Workshop for Thursday, August 19, 2020 City Administrator Bryan Bear requested Council schedule the Midyear Budget Workshop. Miron made motion, Klein seconded, to schedule the Midyear Budget Workshop for August 19, 2021, at 5 p.m. in the Council Chambers. All Ayes. Motion carried. Adjournment Klein made motion, Strub seconded, to adjourn at 8:00 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk COUNCIL PRESENT: Klein, Miron, Strub,Weidt COUNCIL ABSENT: Petryk The Hugo City Council joined staff, contractors, and architects for the groundbreaking ceremony for the new Lions Park that will consist of a pavilion, playground, courts, skate park, and gathering spaces. Respectfully Submitted, Shayla Denaway Parks Planner Minutes HUGO CITY COUNCIL LIONS PARK GROUNDBREAKING 5524 UPPER 147TH STREET TUESDAY, JULY 6, 2021 AT 4 P.M. Click here to link to the 2020 CAFR City of Hugo Claims July 19, 2021 G. 1 Vendor Invoice Amount Description Department Alert-All Corp. 221050061 3,075.00$ Fire Department Supplies Fire Dept Alex Air Apparatus Inc 4197 221.95$ Repairs - SCBA Fill Station Fire Dept Allstream 17562072 103.98$ Fax Lines Administration American Engineering Testing Inc INV-008578 9,671.00$ PW Facility Construction Testing Services Public Works Applewood Nursery 4388 317.35$ Mulch Parks Dept Applewood Nursery 4409 317.35$ Mulch Parks Dept Applewood Nursery 4427 413.16$ Mulch Parks Dept Applewood Nursery 4435 413.16$ Mulch Parks Dept ARC Irrigation 11649 394.50$ Hanifl Fields Irrigation System Repairs Parks Dept Baller, Scott CLAIM 97.33$ MOWA Soils Seminar Expenses & Mileage Building Inspections Canteen Refreshment Services MSP27841 213.91$ Breakroom Supplies Gen Gov't Bldgs Canteen Refreshment Services MSP27843 110.45$ Breakroom Supplies Public Works Capital One Trade Credit 363192050 34.99$ Hose Reel Hose Fire Dept Capital One Trade Credit 363192052 104.45$ Hose Reel Parts Fire Dept Capital One Trade Credit 363200048 180.19$ Hose Reel Parts Public Works Capital One Trade Credit 363191827 (167.58)$ Equipment - Unit #107-20 (Returned) Water & Sewer Capital One Trade Credit 363192262 (34.99)$ Hose Reel Hose (Returned) Fire Dept CC Stitcheri 6/23/2021 924.00$ Safety Gear Public Works CDW Government F660070 154.35$ UPS Battery Backup (PW) Public Works CDW Government C754972 (64.74)$ Tablet Accessories (Returned) Engineering Dept Century College 740856 525.00$ CEU Program - Vehicle Response Fire Dept Century Link 651 426-8763 69.70$ 911 Emergency Line Administration Century Link 651 429-3212 72.56$ Fire Station Phone Lines Fire Dept Century Link 651 653-1154 62.83$ SCADA Lines Water & Sewer Christianson, Paul CLAIM 223.13$ Work Boot Reimbursement Street Dept Christianson, Paul CLAIM 53.68$ Cell Phone Accessories (Target) Street Dept Comcast 6/5/2021 2.25$ Business Internet (thru July 14) Fire Dept Comcast 6/12/2021 25.17$ Business Cable (thru July 21) Administration Comcast 6/18/2021 154.67$ Business Internet (thru July 27) Fire Dept Companion Animal Control LLC May 644.00$ Callout Fees & Mileage Animal Control Companion Animal Control LLC June 1,119.68$ Callout Fees & Mileage Animal Control Custom Cap & Tire LLC 270038165 390.00$ Tire Repair - Unit #317 Street Dept Custom Cap & Tire LLC 270038215 596.00$ Tires - Unit #341 Street Dept Custom Cap & Tire LLC 270038448 892.00$ Tires - Unit #CV3 Fire Dept Emergency Apparatus Maintenance Inc 118897 1,539.11$ Repairs - Unit #E1 Fire Dept Envirotech Services Inc CD202116864 51,291.90$ Chloride Application (Dust Control Project) Street Dept Envirotech Services Inc CD202116865 3,069.00$ Chloride Application (Dust Control Project) Street Dept Envirotech Services Inc CD202117121 4,526.50$ Chloride Application (Dust Control Project) Street Dept ESS Brothers & Sons Inc BB4293 3,230.00$ Catch Basin Repairs - Rings & Quick Set Mix Stormwater Fund ESS Brothers & Sons Inc BB5007 98,000.00$ Catch Basin Repairs - Sealant Kits & Patches Stormwater Fund Excel AV Group 144225 125.00$ Audio System Repairs - Council Chambers Audio/Video Fire Instruction Rescue Education 5064 850.00$ Car Fire Simulator Training Fire Dept Forest Lake Napa June 95.11$ Auto Parts and Shop Supplies Various Franz Reprographics Inc 231168-0 384.00$ Plotter Printer Repairs Administration Gene's Disposal Service Inc 418797 1,688.06$ June Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 418797 256.18$ June Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 418797 91.91$ June Waste Hauling - City Hall Gen Gov't Bldgs Geotech Environmental Equipment Inc 651860 783.53$ Data Logger Repair Water Utility Gopher State One Call 1060479 653.40$ June Service Charges Water & Sewer Govt Finance Officers Assn 7672 460.00$ 2020 CAFR Review Fees Finance Dept Graphic Resources 70673 192.70$ Envelopes Administration Hanco Corporation 580859 197.13$ Shop Supplies Public Works Hawkins Inc 4963761 3,466.34$ Water Chemicals Water Utility Hawkins Inc 4963761 772.00$ Fluoride Pump - Well No. 5 Water Utility Hisdahl Inc 17258 42.00$ Par Tag Engraving Fire Dept Holiday Companies 130250011 19.32$ Propane Gen Gov't Bldgs Holiday Companies 202135009 31.26$ Fuel Fire Dept Hotsy Equipment of Minnesota 71671 318.08$ Bulk Soap & Parts for Washbay Public Works Hugo Equipment Company 159304 368.54$ Parts - Unit #324 Parks Dept Hugo Equipment Company 169052 21.99$ Parts - Unit #344 Parks Dept Hugo Equipment Company 169142 39.99$ Parts - Unit #309 Parks Dept Hugo Feed Mill 109439 5.99$ Raingarden Supplies Gen Gov't Bldgs Hugo Feed Mill 109451 23.90$ Hardware Parks Dept Hugo Feed Mill 58846 21.98$ Pest Control Supplies (CH) Gen Gov't Bldgs Innovative Office Solutions LLC IN3385384 189.08$ Tape Dispenser, Batteries, Post-It Notes, Etc Administration Innovative Office Solutions LLC IN3385384 158.84$ Copy Paper Administration Innovative Office Solutions LLC IN3390499 507.96$ Toner Cartridges Building Inspections Instrumental Research Inc 3435 100.00$ Water Bacteria Testing Water Utility Interstate Battery System of Minneapolis 110051791 166.85$ Batteries Public Works Page 1 City of Hugo Claims July 19, 2021 G. 1 Vendor Invoice Amount Description Department Jefferson Fire & Safety Inc IN130452 1,502.75$ Fol-Da-Tank Replacement Liner Fire Dept Jimmy's Johnnys Inc 184405 194.00$ Portable Toilet Rental - Lions Park Parks Dept Jimmy's Johnnys Inc 184406 127.00$ Portable Toilet Rental - Oakshore Park Parks Dept Jimmy's Johnnys Inc 184407 127.00$ Portable Toilet Rental - Oneka Lake Park Parks Dept Jimmy's Johnnys Inc 184408 127.00$ Portable Toilet Rental - Beaver Ponds Park Parks Dept Jimmy's Johnnys Inc 184409 127.00$ Portable Toilet Rental - Diamond Point Park Parks Dept Jimmy's Johnnys Inc 184410 127.00$ Portable Toilet Rental - Frog Hollow Park Parks Dept Jimmy's Johnnys Inc 184411 508.00$ Portable Toilet Rental - Hanifl Park Parks Dept Jimmy's Johnnys Inc 184412 127.00$ Portable Toilet Rental - Valjean Park Parks Dept Jimmy's Johnnys Inc 184413 127.00$ Portable Toilet Rental - Arbre Park Parks Dept Jimmy's Johnnys Inc 184414 127.00$ Portable Toilet Rental - Heritage Ponds Park Parks Dept Jimmy's Johnnys Inc 184415 127.00$ Portable Toilet Rental - McCollar Park Parks Dept Jimmy's Johnnys Inc 184416 127.00$ Portable Toilet Rental - Arcand Park Parks Dept Johnson/Turner May 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner May 294.95$ Disbursements (Prosecution Costs) General Legal Johnson/Turner May 7,605.00$ Civil Legal Fees - See Attached Breakdown General Legal Kath Fuel Oil Service Co. 12320094 7,695.09$ June Unleaded Gas & Diesel Purchases Various Knowlan's Super Markets Inc 6229 44.95$ Fire Department Supplies Fire Dept Knowlan's Super Markets Inc 6591 6.98$ Restroom Supplies (CH) Gen Gov't Bldgs Laughlin's Pest Control 44504 85.00$ June Pest Control Service (CH) Gen Gov't Bldgs Lawson Products 9308539012 702.00$ Bulk Hardware Supplies Public Works Lebens Floral & Garden 9213 550.00$ Landscaping Supplies Gen Gov't Bldgs Loffler Companies Inc 3762640 253.80$ July Copier Service Payment Administration Marco INV8893592 44.68$ July Copier Maintenance Building Inspections Menards 65407 64.99$ Paint Sprayer Public Works Menards 65407 16.74$ Raingarden Supplies Gen Gov't Bldgs Menards 65407 6.22$ Supplies Street Dept Menards 65655 89.97$ Fire Department Supplies Fire Dept Menards 65696 33.48$ Raingarden Supplies Gen Gov't Bldgs Menards 65696 24.74$ Irrigation Hardware Parks Dept Michael Basich Inc 6302021-1 1,500.00$ Retainage - Shelter Installation - Arcand Park (Adelaide) Special Parks Fund MN Dept of Labor & Industry ABR0259303X 30.00$ Pressure Vessel Registration Fees Public Works MN Dept of Labor & Industry ABR0259320X 10.00$ Pressure Vessel Registration Fees Fire Dept New Studio Architecture LLC 04-19-0258 2,850.00$ Hopkins Schoolhouse Conditions Assessment Historical Commission Oertel Architects 20-01.13 7,113.12$ Public Works Facility Public Works OPG-3 Inc 5032 185.00$ LF/Online Permitting - Construction Type Update Building Inspections OPG-3 Inc 5033 185.00$ LF/Online Permitting - Construction Type Replacement Building Inspections O'Reilly Auto Parts 5914-164982 5.72$ Parts - Unit #114 Street Dept Otter Lake Animal Care Center 215269 250.00$ Boarding & Rescue Fees Animal Control Peterson Companies 45181 8,440.49$ Watermain Repairs - Finley Avenue Water Utility Peterson Companies 45842 285.00$ Pump Repair - Waters Edge Stormwater Reuse Stormwater Fund Pioneer Press 12628181 393.00$ 26 Week Subscription Ordinances/Proceedings Preisler, Chuck CLAIM 487.20$ Mileage Building Inspections Press Publications 705905 96.80$ Planning Commission Public Hearing Notice Ordinances/Proceedings Quadient Finance USA Inc INV16411092 30.26$ Postage Labels Administration Quadient Inc 16428438 139.73$ Ink Cartridge Administration Sam's Club 72434 347.90$ Fire Department Supplies Fire Dept Schifsky (T.A.) & Sons Inc 67234 132.66$ Asphalt Street Dept Schifsky (T.A.) & Sons Inc 67268 724.94$ Asphalt Street Dept Schifsky (T.A.) & Sons Inc 67299 3,603.38$ Asphalt Street Dept Schifsky (T.A.) & Sons Inc 67336 2,975.25$ Asphalt Street Dept Signature Lighting Inc 1263 10,497.00$ Streetlight Repairs Street Dept SiteOne Landscape Supply LLC 110607272-001 280.21$ Irrigation Hardware Parks Dept SiteOne Landscape Supply LLC 110607272-001 100.40$ Herbicide Parks Dept Smith, Schafer & Associates 96779 1,425.00$ 2020 Audit Interim Billing Finance Dept Smith, Schafer & Associates 96779 5,050.00$ Accounting Assistance Finance Dept Sun Life Financial July 921.51$ Disability Premium Finance Dept Terrys Repair Co 5025 136.04$ Repairs - Unit #T1 Fire Dept Terrys Repair Co 5026 138.98$ Repairs - Unit #R1 Fire Dept T-Mobile 870254054 1,016.38$ Cellular Phone Charges Various T-Mobile 870254054 301.99$ Equipment Purchases Street Dept Toshiba Financial Services 5015570239 175.23$ July Copier Lease Payment Fire Dept Toshiba Financial Services 5015570239 1.08$ Overage Charges (B & W) Fire Dept Toshiba Financial Services 5015570239 6.94$ Overage Charges (Color) Fire Dept Tri-State Bobcat A89436 231.30$ Parts - Unit #304 Street Dept UniFirst Corporation 090 0628081 87.17$ Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 090 0630826 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 090 0632193 301.42$ Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 090 0632194 61.48$ Supplies & Floor Mat Services (FH) Fire Dept Page 2 City of Hugo Claims July 19, 2021 G. 1 Vendor Invoice Amount Description Department UniFirst Corporation 090 0632195 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 090 0633587 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 090 0634952 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works Verizon Wireless 9883388686 1,093.68$ Cellular Phone Charges Various Washington County 190487 4,300.86$ 800 Radio User Fees - April thru June Fire Dept Winnick Supply 432787 62.88$ Hardware - Outside Faucet Repair (CH) Gen Gov't Bldgs Winnick Supply 433445 175.24$ Pipe Public Works WSB & Associates May 79,273.25$ Engineering Fees - See Attached Breakdown Various Zack's Inc 35045 2,289.53$ Shop Towels, Shovels, Rakes, Gloves, Etc Public Works 359,074.69$ Total Claims for July 19, 2021 Page 3 Memorandum To: Mayor and Council From: City Clerk Michele Lindau Date: July 6, 2021 for the City Council meeting on July 19, 2021 Re: Firefighter Response Times BACKGROUND Hugo Fire Chief Jim Compton, Jr. is requesting the response time for firefighters be changed from six minutes to eight minutes, requiring them to live within an eight minute radius of the Fire Department. This requirement is addressed in the Hugo City Code and the Personnel Policy. Staff would like to amend the City Code to reference the Personnel Policy for firefighter requirements and to change the Personnel Policy where it relates to response times. Staff is recommending the following changes to the City Code and Personnel Policy. City Code Chapter 34-1 FIRE PREVETION AND PROTECTION: (g)Member requirements. Members of the department shall reside within a six-minute radius of the Fire Hall, shall not be less than 18 years of age, and shall be able bodiedmeet all the requirements as outlined in the personnel policy. Firefighters shall at all times satisfy and meet these requirements established by the city council, and as may be modified from time to time, and shall obey the directives of the fire chief pertaining to performance of duties as firefighters. Failure of any firefighter to meet the requirements or obey directives shall constitute a basis for removal from the fire department by the city council. Personnel Policy: g. Firefighter Eligibility Requirements: To be eligible for a firefighter position, all applicants members must meet the following requirements: • Be 18 years of age or over. • Be a high school graduate or equivalent. • Hold a valid State of Minnesota driver’s license. • Have a primary residence within an sixeight-minute radius of the fire station. Be able bodied and fit for duty. h. New Applicant Requirements: • Complete the application for employment and an Authorization for Release of Information form. • Successfully complete and pass the background check, physical exam and drug and alcohol screening. • Pass a criminal and driving record check. • Pass Firefighter Physical Fitness Test. • Pass medical exam provided by the Fire Department. • Pass personal evaluation provided by Fire Department • Be selected for position. h.i. Firefighter Response Requirements: Firefighters who join the Hugo Fire Department must be able to respond to the Hugo fire station within six eight minutes under normal driving conditions while obeying all traffic laws. The Fire Chief has the right to remove an employee from the department if he or she moves outside of the six eight minutes response time. RECOMMENDATION Staff recommends Council approve the ordinance amending Hugo City Code, Chapter 34, Fire Prevention and Protection, Section 34-1, Administration, to reference the Hugo Personnel Policy for firefighter requirements. Staff further recommends Council approve the amendment to the Personnel Policy changing the response time from six minutes to eight minutes. ORDINANCE 2021- AN ORDINANCE AMENDING HUGO CITY CODE, CHAPTER 34 FIRE PREVENTION AND PROTECTION, SECTION 34-1, ADMINISTRATION, TO REFERENCE THE PERSONNEL POLICY FOR MEMBER REQUIREMENTS. THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Hugo City Code, Chapter 34 FIRE PREVENTION AND PROTECTION, Section 34-1(g) MEMBER REQUIREMENTS to read as follows: (g) Member requirements. Members of the department shall meet all the requirements outlined in the personnel policy. Firefighters shall at all times satisfy and meet these requirements established by the city council, and as may be modified from time to time, and shall obey the directives of the fire chief pertaining to performance of duties as firefighters. Failure of any firefighter to meet the requirements or obey directives shall constitute a basis for removal from the fire department by the city council. Section 5. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 6. Effective Date. These amendments shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON JUNE 21, 2021 ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk Agenda Number: CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Centra North, LLC – Interim Use Permit to allow a temporary off-site directional sign for the Meadows at Hugo residential development. DATE: July 13, 2021 for the City Council meeting of July 19, 2021. ZONING: Single Family Detached Residential (R-3). LAND USE: Medium Density Residential (MD). 60-DAY REVIEW DEADLINE: August 3, 2021. 1. PLANNING COMMISSION UPDATE: The Hugo Planning Commission reviewed the request submitted by Centra North, LLC for an interim use permit at their regularly scheduled meeting on July 8, 2021. The request is to allow a temporary off-site directional sign for the Meadows at Hugo residential development to be located on property at 5850 159th Street North. The Planning Commission held a public hearing and considered the request. No one spoke at the public hearing but comments were submitted to staff prior to the meeting. The Planning Commission recommended approval of the interim use permit for Centra North, LLC, subject to the conditions listed in the resolution and permit. 2. BACKGROUND AND DESCRIPTION OF REQUEST: The applicant is Centra North, LLC and they are requesting approval of an interim use permit to allow one temporary off-site directional sign for the Meadows at Hugo residential development. The sign is proposed to be located at 5850 159th Street North. The property is owned by Connie and Jeffrey Jungmann and is generally located on the northwest corner of 159th Street North and Highway 61. The applicant would like to direct prospective buyers to the development with the placement of the sign. The sign is proposed to be located on the southeast corner of the property and outside of the city and county right of way. Centra North, LLC – IUP for The Meadows at Hugo The Hugo City Council reviewed and approved the preliminary plat and PUD for 87 single family residential lots for The Meadows at Hugo at its March 1, 2021 meeting. The development is generally located north of 159th Street North and east of Farnham Avenue North. The sign ordinance allows temporary off-site directional signs for residential developments that do not have frontage on an arterial road. 3. CONTEXT: A. Surrounding Land Use and Zoning The surrounding properties are also zoned Single Family Detached Residential and guided as Medium Density Residential (MD) in the 2040 Land Use Plan. The properties east of Highway 61 are zoned General Business (C-2) and guided as Commercial. The property is adjacent to the Hardwood Creek Regional Trail and is generally located west of Highway 61 and north of 159th Street North. B. Existing Site Characteristics The property is 0.87 acres and there is an existing single family home on site. 4. ANALYSIS: A. Level of 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. B. Sign Criteria 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. Temporary off-site directional are allowed by interim use permit for residential developments if the following conditions are met: 1. The development does not have frontage on an arterial road The Meadows at Hugo development is not located on an arterial road and is accessed from Farnham Avenue North. 2. Each development is limited to one sign The approval is for one off-site sign located at 5850 159th Street North. 3. The sign shall be removed when 90% of the lots are purchased The sign shall be removed when 78 of the 87 lots have been sold or when the IUP expires. Centra North, LLC – IUP for The Meadows at Hugo 4. The sign shall be limited to 32 square feet and 8 feet in height. As listed as a condition of approval, the applicant has submitted an updated rendering of the sing since the Planning Commission meeting, which conforms to the ordinance standards. 5. There shall be permission from the property owner where the sign is located The applicant has provided signed approval from the property owners, Connie and Jared Jungmann. C. Interim Use Permit The Planning Commission must review the application for an interim use permit with the standards provided in Section 90-37.1 of Comprehensive Land Use Regulations. Staff used these standards to review the application and found that the request meets all applicable standards as follows: 1. The use shall conform to all zoning regulations. The use is allowed in all zoning districts with an interim use permit. 2. The use will not delay the permanent development of the site or prevent the orderly development of surrounding sites. The sign is temporary and once 90% of the lots are sold the sign shall be removed. The sign will not delay any permanent development or orderly development of the surrounding properties. 3. The use will not adversely impact implementation of the Comprehensive Plan. The sign will not adversely impact the implementation of the Comprehensive Plan. The property on which the sign is located is already developed as a residential lot in the Creekview Preserve development. 4. The use will not be in conflict with any provisions of the code. The sign meets all standards of the City Code. 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 sign is simply used to direct traffic to a residential development. The sign meets all the location requirements of the code and does not pose a sight distance problem for drivers. 6. The date or event that will terminate the use has been identified with certainty. The sign is temporary and once 90% of the lots are sold the sign shall be removed. Centra North, LLC – IUP for The Meadows at Hugo 7. The use shall not cause or impose additional costs to the City of Hugo. The sign will not impose any costs to the City. 5. CONCLUSION: Staff finds that the applicant meets all of the requirements necessary to approve an interim use permit for temporary off-site directional signage for the development The Meadows at Hugo. 6. PLANNING COMMISSION RECOMMENDATION: The Hugo Planning Commission recommends approval of the interim use permit for Centra North, LLC on behalf of The Meadows at Hugo residential development for temporary off-site directional signage, subject to the conditions listed in the resolution and permit. ATTACHMENTS: 1. Location Map 2. Resolution approving IUP 3. Interim Use Permit 4. Sign Rendering 5. Public Comment Forest Boulevard North159th Street North Foxhill Avenue NorthThe Meadows at Hugo IUP Application Location Map Hugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2021\The Meadows Pre Plat.mxdSite RESOLUTION 2021-XX APPROVING INTERIM USE PERMIT TO ALLOW A TEMPORARY OFF-SITE DIRECTIONAL SIGN LOCATED AT 5850 159TH STREET NORTH FOR THE MEADOWS AT HUGO RESIDENTIAL DEVELOPMENT WHEREAS, Centra North, LLC, has requested approval of an interim use permit for a temporary off-site directional sign on the property legally described as follows: Lot 1, Block 10, CREEKVIEW PRESERVE, Washington County, Minnesota 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 Centra North, LLC, for an interim use permit, subject to the following conditions: 1. The development does not have frontage on an arterial road. The Meadows at Hugo development is not located on an arterial road and is accessed from Farnham Avenue North. 2. Each development is limited to one sign. The approval is for one off-site sign located at 5850 159th Street North. 3. The sign shall be removed when 90% of the lots are purchased. The sign shall be removed when 78 of the 87 lots have been sold or when the IUP expires. 4. The sign shall be limited to 32 square feet and 8 feet in height. The applicant is currently showing a 64 square foot sign. Staff is requiring the applicant to re-submit renderings that show the sign at 32 square feet and has listed this as a condition of approval. 5. There shall be permission from the property owner where the sign is located. The applicant has provided signed approval from the property owners, Connie and Jared Jungmann. 6. The applicant shall be required to maintain and repair sign as needed. 7. No lighting is allowed to illuminate the sign due to proximity to Highway 61. Resolution 2021-XX Page 2 ADOPTED by the City Council this 19th day of July, 2021. ______________________________ Tom Weidt, Mayor ATTEST: _______________________________ Michele Lindau, City Clerk INTERIM USE PERMIT DATE OF APPROVAL: July 19, 2021 OWNER: Centra North, LLC DURATION: The permit shall be approved for duration of three years. This permit, shall expire after three years or if there is a change in ownership of the property. ADDRESS FOR WHICH INTERIM USE PERMIT IS GRANTED: 5850 159th Street North LEGAL DESCRIPTION: Lot 1, Block 10, CREEKVIEW PRESERVE, Washington County, Minnesota. ZONING DISTRICT: Single Family Residential District (R-3). THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING: A temporary off-site directional sign for the Meadows at Hugo residential development is approved to be located at the property of 5850 159th Street North. The permit is subject to the following conditions: 1. The development does not have frontage on an arterial road The Meadows at Hugo development is not located on an arterial road and is accessed from Farnham Avenue North. 2. Each development is limited to one sign The approval is for one off-site sign located at 5850 159th Street North. 3. The sign shall be removed when 90% of the lots are purchased The sign shall be removed when 78 of the 87 lots have been sold or when the IUP expires. 4. The sign shall be limited to 32 square feet and 8 feet in height. The applicant is currently showing a 64 square foot sign. Staff is requiring the applicant to re-submit renderings that show the sign at 32 square feet and has listed this as a condition of approval. 5. There shall be permission from the property owner where the sign is located The applicant has provided signed approval from the property owners, Connie and Jared Jungmann. 6. The applicant shall be required to maintain and repair sign as needed. 7. No lighting is allowed to illuminate the sign due to proximity to Highway 61. ADOPTED by the City Council this 19th day of July, 2021. ______________________________ 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 CENTRA NORTH By: ________________________________ ________________________________ Its: _________________________________ STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of ___________, 2021, before me, a Notary Public within and for said County, personally appeared _________________, on behalf of Centra North, LLC, 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 CUSTOMER PROOF Colors: Date: One Sided Two Sided Same Art Front to Back Different Art Front to BackThis drawing was created to assist you in visualizing your project. When viewing on screen images may appear inlow resolutions and the colors may not be accurate. You can request a hard proof if you want to check actual colors. Part #: Part Size: Material: FLUTES FLUTES ARTWORK FOR APPROVAL 07/06/21 48” 18” 96” TOP VIEW www.CentraHomes.co The MeadowsAt Hugo 763-645-5466 Single-Level Villas &Two-Story Homes Starting from the $000s NOHOA www.CentraHomes.co The MeadowsAt Hugo 763-645-5466 Single-Level Villas &Two-Story Homes Starting from the $000s NOHOA COMING SOON! COMING SOON! Agenda Number: CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Emily Weber, Community Development Assistant SUBJECT: Timothy Vang and Hlee Moua, 15817 Ethan Trail North – Encroachment Agreement to allow construction of a fence within a drainage and utility easement. DATE: July 13, 2021 for the City Council Meeting of July 19, 2021 ZONING: Single Family Detached Residential (R-3) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: August 27, 2021 1. DESCRIPTION OF REQUEST: Timothy Vang and Hlee Moua have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 15817 Ethan Trail North. A drainage and utility easement covers a majority of the back yard. It will be properly owner’s responsibility to determine property lines so the fence remains on their property. Staff finds that the fence would have no negative impact on utilities or drainage in the area. 2. CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for Timothy Vang and Hlee Moua, for property located at 15817 Ethan Trail North. ATTACHMENTS: 1. Location Map 2. Survey 3. Encroachment Agreement Resolution 4. Encroachment Agreement Ethan Trail NorthPrairie Trail North158th S treet N orth159th Street North E u r o p a A v e n u e N o rt h 15817 Ethan Trail North Location Map Hugo, MN Roads Hugo Border Parcel Boundary ¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2021\15817 Ethan Trl N.mxdSite RESOLUTION 2021-XX APPROVING AN ENCROACHMENT AGREEMENT FOR TIMOTHY VANG AND HLEE MOUA TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 15817 ETHAN TRAIL NORTH WHEREAS, an application has been filed by Timothy Vang and Hlee Muoa that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 15817 Ethan Trail North, legally described as follows; Lot 1, Block 4, Prairie Village 3rd Addition, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement for Timoty Vang and Hlee Muoa on the property located at 15817 Ethan Trail North. ADOPTED by the City Council this 19th day of July, 2021. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 19th day of July, 2021, by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Timothy Vang and Hlee Muoa (hereinafter “Owner”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the southerly portion of the Owner’s property, which property is legally described as: Lot 1, Block 4, Prairie Village 3rd Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence partially within the easement area; and, WHERAS, the City will permit the placement of a fence in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence within the Easement, and the fence shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence may be maintained or placed in the easement area. 3. Owner shall maintain the fence in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence or any part of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2021. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2021, before me, a Notary Public, personally appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Timothy Vang, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2021, before me, a Notary Public, personally appeared Timothy Vang who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762‐6300 • www.ci.hugo.mn.us TO: Honorable Mayor Tom Weidt and Members of the City Council FROM: Anna Wobse, Interim Finance Director SUBJECT: Firefighter’s Relief Association Pension Increase DATE: For the City Council Meeting of July 19, 2021 DESIRED COUNCIL ACTION Motion to Ratify Board of Trustees Request for $300 Increase in Lump‐Sum Pension and Approve Revised By‐Laws OPTIMUM PENSION BENEFIT LEVEL On April 2, 2012, the City Council adopted a Resolution Adopting the Firefighter Relief Pension Fiscal Policy. The policy sets the optimum pension benefit level as the average lump‐sum benefit provided by relief associations that receive state fire aid within 10% of the amount received by the Hugo Firefighter’s Relief Association, as last reported by the Office of the State Auditor. According to the Office of the State Auditor, twelve other lump‐sum relief associations received state fire aid in 2020 within 10% of the amount received by Hugo. These associations are located in: Albertville, Becker, Park Rapids, Vadnais Heights, Isanti, New Prague, Waconia, Albert Lea, Little Falls, Fergus Falls, Ham Lake and Marshall. Staff feels that this is a very good sampling of associations. Using data from these twelve associations, staff can establish the optimum pension benefit level at $4,267 per year of service. This average is $367 above the current benefit amount and staff recommends that we reach this average with an immediate increase of $300. The Board of Trustees voted to increase their lump‐sum pension benefit from $3,900 per year of service to $4,200 and is asking the City Council to ratify this increase as well as approve a revision to the by‐laws incorporating this new benefit level. FINANCIAL STATISTICS The Finance Department has reviewed the financial status of the relief association and finds that the recommended increase will result in the following: Total Pension Assets: $2,387,397 (projected) Total Pension Liability: $1,508,542 (after $300 increase) Projected Surplus: $ 878,855 (58% of liability) The attached projections show that the investment portfolio can withstand a 35% market correction while still maintaining a surplus. RECOMMENDED PENSION BENEFIT LEVEL INCREASE Staff is recommending the City Council approve a motion to ratify the Board of Trustees request for a $300 increase in the lump‐sum pension benefit and approve a change to the by‐laws incorporating this new benefit level. This will bring Hugo’s pension benefit to $4,200 per year of service (within $67 of the optimum level described above). ATTACHMENTS Relief Association Comparisons Letter from Dave Jensen, President of the Board of Trustees Financial Projections Section 13.3 of Association By‐laws (reflecting the proposed increase) HUGO FIREFIGHTER’S RELIEF ASSOCIATION 5323 140TH STREET NORTH HUGO, MINNESOTA 55038 (651) 429-6366 Hugo Firefighter’s Relief Association TO: Anna Wobse, Interim Finance Director FROM: Dave Jensen, President DATE: July 13th 2021 SUBJECT: Pension Increase Please be advised that the Board of Trustees voted to increase the lump sum pension benefit from $3,900 per year of service to $4,200 effective June 22nd 2021. This increase will not require a municipal contribution in calendar year 2021. In keeping with past practice, this increase should be ratified by the City Council. Please place this item on an upcoming City Council agenda for ratification. Lump Sum Plans Only Name 2020 Fire Aid Variable 2019 Lump Sum 1 Albertville Fire Department $86,874.56 -8.91% $2,800.00 2 Becker Fire Department $88,046.12 -7.68% $4,000.00 3 Park Rapids Fire Department $88,208.33 -7.51% $4,750.00 4 Vadnais Heights Fire Department $88,569.04 -7.14% $4,600.00 5 Isanti Area Joint Operating Fire District $90,648.78 -4.95% $5,500.00 6 New Prague Volunteer Fire Department $91,260.77 -4.31% $3,750.00 Hugo Fire Department $95,374.68 7 Waconia Fire Department $97,674.88 2.41% $4,800.00 8 Albert Lea Fire Department $97,875.90 2.62% $2,500.00 9 Little Falls Fire Department $100,420.49 5.29% $3,900.00 10 Fergus Falls Fire Department $100,961.83 5.86% $4,950.00 11 Ham Lake Fire Department $102,380.54 7.35% $3,850.00 12 Marshall Fire Department $104,308.03 9.37% $5,807.00 Average (not including Hugo) $4,267.25 Lowest $2,500.00 Highest $5,807.00 State-Wide Average $2,030.00 Based on the adopted formula, the optimum pension benefit level for the Relief Association is: $4,267.25 per year of service. $3,900.00 Hugo's Current Level $300.00 Proposed Increase $4,200.00 Proposed Level Relief Association Comparisons OPTIMUM PENSION BENEFIT LEVEL ANCILLARY BENEFITS Section 12.1. Survivor Benefits: Following the receipt of a lump sum survivor or funeral benefit neither a member’s surviving spouse nor estate is entitled to any other or further financial relief or benefits from the Association. (1) A member's Beneficiary shall be eligible to receive a benefit upon the death of an Active, Deferred or Retired Member who has not yet received his or her full retirement benefit. In no case shall the member receive less than one (1) times the benefit amount or the amount equal to his/her years of active service in the Hugo Fire Department, unless the member is vested. (2) If the member has no Surviving Spouse or surviving children, the member's benefit shall be distributed in a lump sum to the estate of the member ARTICLE XIII SERVICE PENSIONS Section 13.1. Lump Sum Pension: The exclusive pension benefit provide by the Association shall be a defined benefit lump sum service pension, paid based on the members years of active service. Upon meeting the requirements in Section 13.2 of this article, the member shall be entitled to the benefit amount for each year that the member has served as an active member of the fire department. In accordance with, Minnesota Statute 424A.10, the Association shall pay a supplement benefit to the qualified member in addition to the lump sum pension. The amount of this benefit shall equal ten (10) percent of the regular lump sum distribution, but in no case shall exceed one thousand dollars ($1,000.00). This supplemental benefit shall be reimbursed to the Association, in accordance with Minnesota Statute 424A.10 Section 13.2. Eligibility Requirements: To be eligible to receive a service pension a member must meet all of the following requirements. (1) Be at least fifty (50) years of age; (2) Have terminated from the Fire Department (3) Have completed at least ten (10) years of active service with the fire department before termination; and (4) Have been a member of the Association at least ten (10) years prior to such termination. Section 13.3. Benefit Amount: The current benefit amount per year of service is $4,200.00 ARTICLE XIV TIMING AND MODES OF DISTRIBUTION Section 14.1. Independent Expertise Encouraged: Because of the varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, insurance Firefighter's Relief ProjectionsBenefit Total Investments Estimated Market Projected Surplus Funding Cash In Fund 226Level Active Deferred Liability at 01/01/2021 State Aid Appreciation Assets (Deficit) Ratio at 01/01/20214,200$ 741,720$ 766,822$ 1,508,542$ 2,292,023$ 95,375$ ‐$ 2,387,397$ 878,855$ 158% 143,619$ 4,200$ 741,720$ 766,822$ 1,508,542$ 2,292,023$ 95,375$ (573,006)$ 1,814,392$ 305,850$ 120%4,200$ 741,720$ 766,822$ 1,508,542$ 2,292,023$ 95,375$ (802,208)$ 1,585,190$ 76,648$ 105%4,200$ 741,720$ 766,822$ 1,508,542$ 2,292,023$ 95,375$ (1,031,410)$ 1,355,987$ (152,555)$ 90%Projected Surplus (Deficit) With 25% Market CorrectionProjected Surplus (Deficit) With 35% Market CorrectionProjected Surplus (Deficit) With 45% Market CorrectionLiabilityProjected Surplus (Deficit) at $4,200 Benefit Level CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Construction Payment Request #9 Hugo Public Works Facility Ebert Construction DATE: For the City Council Meeting of July 19, 2021 BACKGROUND Please find the enclosed application for payment for the City of Hugo Public Works Facility project in the amount of $1,272,818.87. 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 June 30, 2021, with a 5% retainage applied. Total retainage being held for the project to date is $223,803.54. DESIRED ACTION Staff recommends the City Council approve payment request #9 in the amount of $1,272,818.87 to Ebert Construction. CITY OF HUGO CITY COUNCIL AGENDA REPORT TO: Bryan Bear, City Administrator FROM: Scott Anderson, Public Works Director SUBJECT: Construction Payment Request #1 Hugo Public Works Salt and Materials Storage Building Ebert Construction DATE: For the City Council Meeting of July 19, 2021 BACKGROUND Please find the enclosed application for payment for the City of Hugo Public Works Salt and Materials Storage Building project in the amount of $55,963.54. 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 July 6, 2021 with a 5% retainage applied. The total retainage being held to date will be $2,945.46. DESIRED ACTION Staff recommends the City Council approve payment request #1 in the amount of $55,963.54 to Ebert Construction for the construction of the City of Hugo Public Works salt and materials storage building. July 1, 2021 Shayla Denaway Parks Planner, City of Hugo 14669 Fitzgerald Avenue N Hugo, MN 55038 RE: Proposal for Construction Materials Testing & Special Inspection Services Lions Park Pavillion Hugo, Minnesota NTI Proposal P1527 Northern Technologies, LLC (NTI) is pleased to submit this Construction Materials Testing, Engineering Consultation, and Special Inspection Services proposal for the above referenced project. We have reviewed the project plans dated 4/28/2021, and geotechnical report dated 9/30/2020. In lieu of an actual construction schedule, NTI has endeavored to provide the City of Hugo with our best value proposal focusing on quality of service and cost effectiveness. The length of on-site activities significantly affects the frequency and duration of on-site observation and testing. When a schedule becomes available, we can refine our estimate to represent the timeline more accurately. Our current estimate is based upon the provided documents and previous experience on similar projects. PROJECT INFORMATION This section provides the basis for our best value proposal outlining the interpreted scope of the project, noted construction type, construction schedule, and specific conditions. The following construction testing, and special inspections scope of work includes the following considerations: • The proposed project consists of a 5,500 SF pavilion, located in Lions Park at 5524 Upper 146th Street North in Hugo, Minnesota. • Scope of work included in this proposal are as follows: excavation observation and soil testing, concrete testing and observation, and structural steel special inspection. • Scope of work not included in this proposal but can be provided, if needed, are as follows: structural steel fabrication shop special inspections if the fabricator chosen is not AISC certified and observation and testing services for firestopping or fireproofing materials. • The RFP stated that all exterior work was not part of the scope of this project; only items from the structural drawings were included. No sidewalk, curb, or other exterior work is included in our estimate. • Comparing the Finley street centerline versus the boring location map, it appears the building has been moved since soil borings were taken. Time for test pits and observations are therefore included. • All other considerations are considered standard and included in the scope of work section of this document. Proposal for Construction Materials Testing & Special Inspection Services Lions Park Pavillion Hugo, Minnesota NTI Proposal P1527 SCOPE OF WORK – CONSTRUCTION MATERIALS TESTING AND SPECIAL INSPECTIONS The following presents a general description of the proposed testing and special inspections to be performed by our firm. We propose staffing this project from our Eagan location on an as needed basis, as project progress dictates, by individuals qualified to perform the required test or inspection. Discrepancies with construction documents will be presented to the construction manager and/or contractor for corrective action. Our activities will be coordinated with the construction manager and/or your designated representative. Daily reports will be generated for the site manager and sent to you along with our test results on a weekly basis. Earthwork Construction • Conduct excavation observations on soils for foundation support for general accordance with geotechnical recommendations, including test pits • Perform laboratory proctor tests to determine the maximum standard proctor dry densities and optimum moisture contents of fill materials • Perform laboratory mechanical analyses of prospective engineered fill materials • Perform nuclear density testing of engineered fill to document compaction requirements are met Concrete Construction • Review concrete batch tickets of delivered concrete to document conformance with project specifications for specific use • Observe steel reinforcement and forms for structural concrete members prior to concrete placement • Sample and test plastic concrete for plasticity characteristics such as slump, air content, and temperature to document compliance with project specifications • Test prepared samples for compressive strength at the specified days after placement to document conformance with project specifications • Observe cold and hot weather concrete practices to document compliance with project specifications Structural Steel, Bolted and Welded Connections Inspection and Testing • Structural Steel – Documentation of grades, sizes, general quality, and conformance with ASTM standards outlined in the construction documents • Review of welding procedures • Visual observation of single-pass fillet welds • Sound and bend testing of metal deck shear studs • Special inspection of snug tight bolted connections • Ultrasonic testing of 100% of partial and complete penetration welds • Review of bolting procedures Proposal for Construction Materials Testing & Special Inspection Services Lions Park Pavillion Hugo, Minnesota NTI Proposal P1527 ACCREDITED MATERIALS LABORATORY Our Twin Cities’ laboratory is accredited by the AASHTO Materials Reference Laboratory (AMRL) as well as by the Cement and Concrete Reference Laboratory (CCRL). With our accreditations and full-time laboratory staff the project team can rest assured results will be issued in an accurate and expedited manner. PROJECT TEAM NTI proposes to provide an engineering staff consisting of: • Michael F. “Mike” Bailey, P.E., will act as our project manager and will coordinate our efforts with the construction superintendent, supervise our field personnel, assign field staff to the project and supervise and approve all laboratory testing. Mike is a registered Professional Engineer in the State of Minnesota. Mike will be your main point of contact. • NTI’s on-site technicians assigned to this project will have the applicable certifications pertaining to the required testing. We intend to have the same technicians perform the testing on the project to maintain continuity with the contractor. Our technicians experience on similar projects make them well versed for this project. ANTICIPATED SCHEDULE AND FEES We propose performing the above referenced construction services proposed to begin during the 2021 construction season for the unit rates outlined in the attached fee schedule. Based on our experience with similar projects we estimate our fees will be approximately $14,860. Our final fee, which may be higher or lower, is dependent upon contractor scheduling, weather, actual requested services and any unforeseen circumstances beyond our control. We will advise you as early in the process as possible if we anticipate our fee will exceed this estimate. Please note the following conditions included in our fee schedule; Sunday, holiday, and evening work is subject to a 1.5x mark up on labor rates. Saturday work is subject to a 1.25x mark up on labor rates. An invoice for our services will be submitted to you monthly and is due within 30 days of receipt. The attached GENERAL TERMS & CONDITIONS are an integral part of this proposal for services. This proposal is valid through July 31, 2021. Proposal for Construction Materials Testing & Special Inspection Services Lions Park Pavillion Hugo, Minnesota NTI Proposal P1527 ACCEPTANCE Please indicate your acceptance of this proposal by signing one copy and returning it to us. We look forward to working with you and being part of your team. If you have any questions, feel free to contact Mike Bailey at MikeB@NTIgeo.com or at (651) 389-4193. NORTHERN TECHNOLOGIES, LLC William Tessmer, EIT Graduate Engineer Michael F. “Mike” Bailey, P.E. Senior Engineer Attachments: Table 1 – Estimate of Fees General Terms & Conditions PARKS PLANNING, CITY OF HUGO By: ___________________________________ Printed Name: __________________________ Title: _________________________________ Date: _________________________________ Excavation Observations and Testing Services for Earthwork Construction Excavation Observations - Assumes 3 Trips Senior Engineer- Soils $155.00 per hour Staff Engineer- Soils 4 $135.00 per hour $540.00 Earthwork Testing and Observations Engineering Technician - Soils (Assumes 5 Trips)5 $67.00 per hour $335.00 Density Test Nuclear Method (ASTM D6938)20 $25.00 per test $500.00 Standard Proctor (ASTM D698)2 $135.00 per test $270.00 Mechanical Analysis: 1-1/2" to #200 & wash Cohesive/Granular Soils (ASTM C136/C117)2 $125.00 per test $250.00 Trip Charge 8 $100.00 per trip $800.00 Section Total Subtotal $2,695.00 Special Inspection and Testing Services for Concrete Construction Spread Footings - Assumes 5 Concrete Placements Engineering Technician - Concrete 7 $67.00 per hour $469.00 Compressive Strength Concrete - NTI (ASTM C39) - 5 cylinders per set / Assumes 50 Cubic Yards 25 $25.00 per cylinder $625.00 Piers & Foundation Walls - Assumes 7 Concrete Placements Engineering Technician - Concrete 10 $67.00 per hour $670.00 Compressive Strength Concrete - NTI (ASTM C39) - 5 cylinders per set / Assumes 50 Cubic Yards 35 $25.00 per cylinder $875.00 Slab on Grade- Assumes 2 Concrete Placements Engineering Technician - Concrete 5 $67.00 per hour $335.00 Compressive Strength Concrete - NTI (ASTM C39) - 5 cylinders per set / Assumes 50 Cubic Yards 15 $25.00 per cylinder $375.00 Post-Installed Elements Special Inspection - Post-Installed Elements (Assumes 2 Trips)4 $75.00 per hour $300.00 Concrete Cylinder Sample Pickup and Processing Engineering Technician - Concrete (3 Trips)1 $67.00 per hour $67.00 Trip Charge 19 $100.00 per trip $1,900.00 Section Total Subtotal $5,616.00 Special Inspection and Testing Services for Structural Steel and Precast Concrete Construction Structural Steel Staff Engineer $135.00 per hour Special Inspector - Structural Steel (Assumes 18 Trips)27 $98.00 per hour $2,646.00 Non-Destructive Testing (Partial and Complete Joint Penetration Welds) Ultrasonic Testing Equipment Rental 4 $150.00 per day $600.00 Magnetic Particle Testing Equipment Rental $75.00 per day Trip Charge 18 $100.00 per trip $1,800.00 Section Total Subtotal $5,046.00 Services for Engineering Consulting, Construction Meetings, and Project Management Engineering Assistant 2 $85.00 per hour $170.00 Staff Engineer/Project Manager 7 $135.00 per hour $945.00 Assistant Project Management 7 $55.00 per hour $385.00 Section Total Subtotal $1,500.00 Summary of Services Excavation Observations and Testing Services for Earthwork Construction $2,695.00 Special Inspection and Testing Services for Concrete Construction $5,616.00 Special Inspection and Testing Services for Structural Steel and Precast Concrete Construction $5,046.00 Services for Engineering Consulting, Construction Meetings, and Project Management $1,500.00 ESTIMATED PROJECT FEES $14,857.00 Table 1 - Estimate of Fees Lions Park Pavillion Hugo, Minnesota Estimated FeeEstimated Units Unit Cost GENERAL TERMS & CONDITIONS 1.0 CONTRACT a. The foregoing Proposal and these General Terms and Conditions constitute the contract (hereinafter, "Contract") between Northern Technologies, LLC, (hereinafter, "NTI") and the party signing the Client Authorization (hereinafter, "Client") b. If Client directs NTI to proceed with Services (as defined below) prior to execution of this Contract, or if Client allows NTI to continue with Services after having received this Contract, it is understood that each party is bound by the terms and conditions of this Contract whether or not Client has signed this Contract. 2.0 SERVICES a. NTI will provide Client with the services specified in the Proposal (hereinafter, "Services" or "Scope of Services") in accordance with the Contract's terms. Services enumerated in writing in the Contract are considered Basic Services. Services not specifically enumerated in writing in the Contract are not included in the scope of NTI's Services and are not NTI's responsibility. b. Should the need arise for NTI to expand our services in response to conditions or events outside our control, NTI would, under Client’s direction, submit a separate proposal providing such Additional Services. Additional Services are not included under Basic Services nor are they covered by the compensation for Basic Services. c. NTI will provide Services to Client as an independent contractor and not as the Client’s employee, agent, partner, or joint venturer. d. NTI shall have no responsibility for the discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials or toxic substances in any form at the project site. If, while performing the Services any hazardous substances or conditions are discovered or encountered that pose unanticipated risks or costs, it is agreed that the scope of Services, time schedule and the estimated Contract costs shall be reconsidered and that this Contract may, at NTI's option, be re-negotiated or terminated. If the Contract is so terminated, Client shall pay NTI for the Services performed up to the date of termination plus NTI's reasonable termination and demobilization costs and expenses. e. If NTI's performance of the Services is delayed by Client or by any other circumstance beyond NTI's direct and reasonable control, then the time for NTI's completion of the Services shall be automatically extended based upon the duration and impact of each such delay and NTI shall be entitled to additional compensation from Client 3.0 GENERAL RESPONSIBILITIES a. NTI shall not be responsible for the performance of any activity or obligation other than the Services specified in the Contract, and NTI's performance shall not be construed as relieving Client or any third party of their responsibilities. NTI shall have no responsibility for, or any liability pertaining to: (1) the superintending, supervising, or directing of the work of any independent contractor, agent or employee of Client or any third party; or (2) the results or consequences of work performed by any such independent contractor, agent or employee of Client or any third party; or (3) any claims or allegations of rights by any person or party other than Client relating to NTI's Services; or (4) for job site safety at the location which is the subject of this Contract (hereinafter, "Site"). b. NTI will be responsible for obtaining only those government permits, approvals and authorizations that are specified in the Scope of Services of the Contract. NTI is not responsible for project delays, damages or impacts due to the government’s failure to issue said permits in a timely fashion. c. Unless otherwise expressly agreed by NTI and Client in writing NTI’s performance of its Services is solely and exclusively for the benefit of the Client and no party other than Client shall be entitled to rely upon any documentation, representation, report, statement or service made or performed by NTI. 4.0 CLIENT RESPONSIBILITIES a. Client will make available to NTI all known information regarding existing and proposed requirements which affects the work, including but not limited to: specifications, contracts, recommendations, plans and change orders. b. Client will immediately transmit to NTI any new information that becomes available to Client or Client's contractors or subcontractors, so that recommended actions can be reviewed. c. Client will provide a representative to answer questions about the project when required by NTI upon 24-hour notice. d. Client will not hold NTI liable for any incorrect advice, judgment, or decision based on any inaccurate information furnished by or on behalf of Client, and Client will indemnify NTI against liability arising out of or contributed to by such information. e. NTI shall be entitled to additional compensation for all extra work caused by or resulting from the failure of the information provided to accurately describe the Site conditions. f. With the exception of those specified as NTI’s responsibility in the Scope of Services, Client shall timely obtain all necessary permits, governmental approvals and access agreements to allow NTI and its agents access to the Site and any buildings thereon. g. Client is responsible for notifying property owner(s) of the nature, scope and timing of NTI’s work, along with any potential damage that may occur during the execution of said work. h. Client shall provide reasonable safe access to the proposed location of work including but not limited to slopes, distance from unities, removal of site obstructions, etc. 5.0 NTI RESPONSIBILITIES a. NTI will perform its Services consistent with the level of care and skill ordinarily exercised by members of the geotechnical and materials testing profession currently practicing under similar conditions (the "Standard of Care"). No warranty of any kind, expressed or implied, is made by NTI. b. NTI will be responsible for its data, interpretation and recommendations, but will not be responsible for interpretation by others. c. NTI will take reasonable precautions to prevent damage to property. However unless specifically included in the Scope of Services NTI will not be responsible for the repair or cost of repairs of property including but not limited to pavements, turf, walks, vegetation, utilities, irrigation, buildings or any other site improvements. 6.0 INSURANCE a. NTI will carry worker’s compensation insurance and public liability, property damage, and errors and omissions insurance policies, which NTI considers adequate. In addition to any other limitations set forth in this Contract, it is agreed that in no event will NTI be responsible for loss, damage or liability beyond the limits and conditions of NTI's available insurance. NTI will not be responsible for any loss or liability arising from the negligence of Client or by other persons or entities employed by Client. 7.0 COMPENSATION a. NTI’s Proposal specifies if the fee is a fixed fee or an estimate based on set rates. Unless specifically stated in the Proposal Client acknowledges that the fee estimate will not be construed to be a maximum or not to exceed amount. b. NTI will submit invoices to client monthly, and a final invoice upon completion of Services. Invoices will show charges based on current NTI Fee Schedule or other basis agreed upon in writing. A detailed separation of charges and backup data will be provided at Client’s request. c. Client shall notify NTI immediately if there are any issues relating to the invoice format, amounts, name of responsible party or any other factors preventing payment of the invoice as submitted. d. Unless specifically stated in the Proposal, NTI’s fees will not be subject to retainage. e. Unless specifically stated in the Proposal, payment of invoices for NTI Services shall not be contingent upon project financing or payments received by the Client from other parties. f. The Client will pay the balance stated on the invoices unless Client notifies NTI in writing of the particular item that is alleged to be incorrect within fifteen (15) days from the invoice date. NTI will strive to resolve Client’s concerns in a timely manner as long as the balance of the invoice is paid within the terms of this Contract. In the event Client fails to bring a billing dispute to NTI’s attention within the 15-day period, Client waives the right to later dispute the invoice. g. Payment is due upon receipt of invoice and is considered past due thirty (30) days from invoice date. On past due accounts, Client will pay a late charge of 1.5(%) per month, or the maximum allowed by law. GENERAL TERMS & CONDITIONS h. In the event Client fails to pay NTI within sixty (60) days following invoice date, NTI may consider the default a total breach of this Contract and all duties of NTI under this Contract will be terminated. i. Partial payments received will first be applied to accrued late charges, then expenses and then to the principal balance. j. Client agrees that NTI may increase its billing rates/fees on each anniversary of this Contract. 8.0 OWNERSHIP OF DOCUMENTS / SAMPLES a. The Client acknowledges that the reports, data, plans, specifications, representations, correspondence and all other documents prepared by NTI as part of its Services under this Contract (collectively referred to as "Documentation") are instruments of NTI's service to Client. Client agrees to save, defend, indemnify and hold NTI and its officers, directors, shareholders, employees and agents harmless from and against all claims, damages, losses and related expenses (including, without limitation, all reasonable attorney fees, disbursements, expert witness fees and all costs of court and litigation) in any manner arising from or pertaining to: (a) any re-use of the Documentation without the prior written authorization of NTI or, (b) claim(s) by any third party (other than Client) to whom Client distributed or provided any of the Documentation, either directly, through an agent, or by requesting that NTI provide it to the third party, without the prior written authorization of NTI. b. Client agrees that all reports and other work furnished to the Client or his agents, which are not paid for, will be returned upon demand and will not be used by the Client for any purpose. c. NTI will retain all pertinent records concerning Services performed for a period of two (2) years after the report is sent; during that time the records will be made available to the Client during NTI’s normal business hours. d. NTI will retain representative samples for 30 days after submission of NTI report. Upon request by Client, samples can be shipped, charges collect, to destination selected by Client; or NTI can store them for an agreed upon storage charge. 9.0 DISPUTES a. All claims, disputes, and controversies arising out of or in relation to the performance, interpretation, application, or enforcement of this Contract, including, but not limited to, breach thereof, shall be referred for mediation under the then current Construction Industry Mediation Rules of the American Arbitration Association prior to any recourse to litigation . b. In the event of any litigation arising out of or relating to this Contract or the Services, the prevailing party shall be entitled to reasonable attorneys' and experts' fees, court costs and other costs of collection including NTI's labor costs in connection with the prosecution of any collection lawsuit. 10.0 LIMITATION OF LIABILITY a. CLIENT understands that the Services provided by NTI involve the application of scientific and technical skill, judgment and discretion that is not an exact science and that NTI cannot and does not guaranty the results of its Services. Instead, NTI agrees to perform the Services according to the Standard of Care. b. NTI’s liability to the Client and all contractors and subcontractors on the project, for damages due to professional negligence, negligence or breach of any other obligation to Client or others, will be limited to an amount not to exceed $20,000 or NTI's fee, whichever is less. c. Client will notify any contractor or subcontractor who performs work in connection with any work done by NTI of the limitations of liability for design defects, errors, omissions, or professional negligence, and to require as a condition precedent to their performing their work, a like indemnity and limitations of liability on their part as against NTI. In the event the Client fails to obtain a like limitation and indemnity, Client agrees to indemnify NTI for any liability to any third party. d. NTI shall have no liability for any failure to perform or delay in performance due to any circumstances beyond its reasonable control. Additionally, in no event shall NTI be liable or responsible to Client or any other person for any consequential, special, incidental, exemplary, or punitive damages, including but not limited to, governmental fines, penalties or liabilities, lost profits or other economic loss (whether arising from negligence, errors, omissions, breach of contract, breach of warranty, tort, strict liability or otherwise), resulting from any claimed defect or deficiency in the Services provided by NTI or any failure by NTI to provide Services. 11.0 TERMINATION a. This agreement may be terminated by either party upon seven (7) days written notice if there is substantial failure by the other party to perform. Termination will not be effective if substantial failure is remedied before expiration of the seven days. Upon termination other than for NTI's default, NTI will be paid for Services rendered plus reasonable termination expenses. b. If the Contract is terminated prior to completion of all reports contemplated by the agreement, or suspended for more than three (3) months, NTI may complete analysis and records as are necessary to complete its files and may complete a report on the Services performed. Termination or suspension expenses will include direct costs of completing analysis, records and report. 12.0 ASSIGNS a. Neither party may assign duties or interest in the Contract without the written consent of the other party. 13.0 MISCELLANEOUS a. If any provision or provisions of this Contract shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. b. This Contract is the entire agreement between NTI and Client and it supersedes all prior written or oral agreements with respect to the subject matter hereof. No amendment or assignment of the Contract shall be effective unless agreed to in a writing signed by authorized representatives of both parties. c. The provisions of this Contract relating to the limitation of liability and damages, warranties, indemnification, use of plans, specifications, reports and all other Documentation provided by NTI and those specifying choice of law, dispute resolution, notice, waiver, and severability shall survive termination of this Contract. d. The terms of this Contract and its enforcement and interpretation shall be governed by the laws of the state where the project is located. If any provision of this Contract is determined to be unlawful, invalid or unenforceable, that provision shall be severed from the Contract and shall not render this Contract, or any other of its other provisions, unlawful, invalid or unenforceable. 14.0 PRE-LIEN NOTICE a. By signing this Contract Client represents and warrants that it either owns fee title to, or has the legal right to direct NTI to perform Services in connection with, the site of the project and that there is presently nothing to prevent NTI from filing a lien against the site of the project. b. ANY PERSON OR COMPANY SUPPLYING LABOR OR MATERIALS FOR THIS IMPROVEMENT TO YOUR PROPERTY MAY FILE A LIEN AGAINST YOUR PROPERTY IF THAT PERSON OR COMPANY IS NOT PAID FOR THE CONTRIBUTIONS. c. UNDER MINNESOTA LAW, YOU HAVE THE RIGHT TO PAY PERSONS WHO SUPPLIED LABOR OR MATERIALS FOR THIS IMPROVEMENT DIRECTLY AND DEDUCT THIS AMOUNT FROM OUR CONTRACT PRICE, OR WITHHOLD THE AMOUNTS DUE THEM FROM US UNTIL 120 DAYS AFTER COMPLETION OF THE IMPROVEMENT UNLESS WE GIVE YOU A LIEN WAIVER SIGNED BY PERSONS WHO SUPPLIED ANY LABOR OR MATERIAL FOR THE IMPROVEMENT AND WHO GAVE YOU TIMELY NOTICE. 14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762‐6300 • www.ci.hugo.mn.us TO: Honorable Mayor Tom Weidt and Members of the City Council FROM: Anna Wobse, Interim Finance Director SUBJECT: Bond Reimbursement Resolution – Lions Park Improvements and Related Public Improvements DATE: For the City Council Meeting of July 19, 2021 DESIRED COUNCIL ACTION Adoption of Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations LIONS PARK IMPROVEMENTS AND RELATED PUBLIC IMPROVEMENTS At their June 21, 2021 City Council meeting Council approved bids and awarded contracts for the Lions Park pavilion, playground and related public improvements. At that same meeting a public hearing to consider using Tax Abatement to pay for the Lions Park improvements was scheduled for July 19, 2021. As the process continues the City will incur architectural, engineering and other project related expenses before the sale of any bonds would be approved. FINANCING OPTIONS Staff anticipates the issuance of G.O. Tax Abatement Bonds to fund the project costs. Federal treasury regulations permit the City to reimburse itself for project costs that are incurred prior to the time of a bond issuance with the subsequent bond proceeds. However, this financing option is only available if the City Council passes a “reimbursement resolution.” PROCEDURAL ACTION ONLY Passage of this resolution does not require the City to issue bonds. It only buys the City some time to consider undertaking a bond issuance and allows for reimbursement of expenses paid prior to the time a bond would be issued. STAFF RECOMMENDATION The Finance Department recommends that the City Council adopt this reimbursement resolution. ATTACHMENTS Resolution Establishing Procedures Relating to Compliance with Reimbursement Bond Regulations. RESOLUTION NO. 2021 - RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE BE IT RESOLVED by the City Council (the "Council") of the City of Hugo, Minnesota (the "City"), as follows: 1. Recitals. (a) The Internal Revenue Service has issued Treasury Regulations, Section 1.150-2 (as the same may be amended or supplemented, the "Regulations"), dealing with "reimbursement bond" proceeds, being proceeds of bonds used to reimburse the City for any project expenditure paid by the City prior to the time of the issuance of those bonds. (b) The Regulations generally require that the City (as the issuer of or the primary obligor under the bonds) make a declaration of intent to reimburse itself for such prior expenditures out of the proceeds of subsequently issued bonds, that such declaration be made not later than 60 days after the expenditure is actually paid, and that the bonding occur and the written reimbursement allocation be made from the proceeds of such bonds within 18 months after the later of (1) the date of payment of the expenditure or (2) the date the project is placed in service (but in no event more than 3 years after actual payment). 2. Official Intent Declaration. The Regulations, in the situations in which they apply, require the City to have declared an official intent (the "Declaration") to reimburse itself for previously paid project expenditures out of the proceeds of subsequently issued bonds. The Council hereby authorizes the Administrator to make the City's Declarations or to delegate from time to time that responsibility to other appropriate City employees. Each Declaration shall comply with the requirements of the Regulations, including without limitation the following: (a) Each Declaration shall be made not later than 60 days after payment of the applicable project cost and shall state that the City reasonably expects to reimburse itself for the expenditure out of the proceeds of a bond issue or similar borrowing. Each Declaration may be made substantially in the form of the Exhibit A which is attached to and made a part of this Resolution, or in any other format which may at the time comply with the Regulations. (b) Each Declaration shall (1) contain a reasonably accurate description of the "project," as defined in the Regulations (which may include the property or program to be financed, as applicable), to which the expenditure relates and (2) state the maximum principal amount of bonding expected to be issued for that project. (c) Care shall be taken so that the City, or its authorized representatives under this Resolution, not make Declarations in cases where the City doesn't reasonably expect that reimbursement bonds will be issued to finance the subject project costs, and the City 2 officials are hereby authorized to consult with bond counsel to the City concerning the requirements of the Regulations and their application in particular circumstances. (d) The Council shall be advised from time to time on the desirability and timing of the issuance of reimbursement bonds relating to project expenditures for which the City has made Declarations. 3. Reimbursement Allocations. If the City is acting as the issuer of the reimbursement bonds, the designated City officials shall also be responsible for making the "reimbursement allocations" described in the Regulations, being generally written allocations that evidence the City's use of the applicable bond proceeds to reimburse the original expenditures. 4. Effect. This Resolution shall amend and supplement all prior resolutions and/or procedures adopted by the City for compliance with the Regulations (or their predecessor versions), and, henceforth, in the event of any inconsistency, the provisions of this Resolution shall apply and govern. Adopted on July 19, 2021, by the City Council of the City of Hugo, Minnesota. ________________________ Tom Weidt, Mayor ATTEST: ________________________ Michele Lindau, City Clerk 3 CERTIFICATION The undersigned, being the duly qualified and acting Administrator of the City of Hugo, Minnesota, hereby certifies the following: The foregoing is true and correct copy of a Resolution on file and of official, publicly available record in the offices of the City, which Resolution relates to procedures of the City for compliance with certain IRS Regulations on reimbursement bonds. Said Resolution was duly adopted by the governing body of the City (the "Council") at a regular meeting of the Council held on July 19, 2021. The Council meeting was duly called, regularly held, open to the public, and held at the place at which meetings of the Council are regularly held. Councilmember _________________ moved the adoption of the Resolution, which motion was seconded by Councilmember ____________________. A vote being taken on the motion, the following members of the Council voted in favor of the motion to adopt the Resolution: and the following voted against the same: Whereupon said Resolution was declared duly passed and adopted. The Resolution is in full force and effect and no action has been taken by the Council which would in any way alter or amend the Resolution. WITNESS MY HAND officially as the Administrator of the City of Hugo, Minnesota, on July 19, 2021. ____________________________________ Administrator City of Hugo, Minnesota A-1 EXHIBIT A Declaration of Official Intent The undersigned, being the duly appointed and acting Interim Finance Director of the City of Hugo, Minnesota (the "City"), pursuant to and for purposes of compliance with Treasury Regulations, Section 1.150-2 (the "Regulations"), under the Internal Revenue Code of 1986, as amended, hereby states and certifies on behalf of the City as follows: 1. The undersigned has been and is on the date hereof duly authorized by the City Council of the City to make and execute this Declaration of Official Intent (the "Declaration") for and on behalf of the City. 2. This Declaration relates to the following project, property or program (the "Project") and the costs thereof to be financed: Lions Park Improvements and Related Public Improvements 3. The City reasonably expects to reimburse itself for the payment of certain costs of the Project out of the proceeds of a bond issue or similar borrowing (the "Bonds") to be issued after the date of payment of such costs. As of the date hereof, the City reasonably expects that $9,000,000 is the maximum principal amount of the Bonds which will be issued to finance the Project. 4. Each expenditure to be reimbursed from the Bonds is or will be a capital expenditure or a cost of issuance, or any of the other types of expenditures described in Section 1.150-2(d)(3) of the Regulations. 5. As of the date hereof, the statements and expectations contained in this Declaration are believed to be reasonable and accurate. Date: July 19, 2021 _______________________________________ Interim Finance Director City of Hugo, Minnesota Agenda Number H.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Drengson May Enterprises, LLC. Request for Variance, Property Line Adjustment, Minor Subdivision, Preliminary Plat, Final Plat, and Development Agreement for a residential development to be known as “Acres of Bald Eagle” consisting of 9 single family homes on approximately 13 acres (3 existing lots) of property located north of 121st Street North and West of Falcon Avenue North. DATE: July 14, 2021, for the City Council Meeting of July 19, 2021 ZONING: Large Lot Single Family Residential (R-1) LAND USE: Very Low Density Residential (VLD) REVIEW DEADLINE: July 22, 2021 (120-days) 1. PLANNING COMMISSION MEETING UPDATE: At its July 8, 2021, meeting the Planning Commission held a public hearing and considered the request. Staff recommended approval of the applications subject to the conditions in the resolutions. There were several residents that spoke during the public hearing on a variety of topics. The concerns were regarding the amount of height of homes, wildlife, preservation of trees, grading, drainage, and flooding. Staff stated that the maximum height of the homes is required to be 35 feet on all of the lots except lots 8 and 9 where a maximum of 25 feet is required by ordinance in the shoreland overlay district. The applicant is proposing to remove a several trees on the west side of the development in the area of lots 1-7. This is due to the grading and the stormwater management facilities for the site. The applicant stated that they are working with their engineer and tree company to save as many trees has they can. Staff stated that the residents should expect the several trees will be removed. The residents to the north stated they wanted to ensure the trees on their property were not damaged during construction. Staff stated that they are working with the applicant to pull the grading away from the adjacent property lines. There were also a few residents concern about the drainage and flooding of their property because of the development. Acres of Bald Eagle Page 2 Staff stated that the drainage will remain on the development property and is required to meet all stormwater management regulations determined by the Rice Creek Watershed District (RCWD). The Planning Commission reviewed all of the questions and concerns again with staff. Two Commissioner’s stated they think there is an effort from the applicant to save the trees they can on the property. One Commissioner stated they think the applicant has created a development that will fit in with the character of the area. The Planning Commission had questions about the drainage, however stated they have confidence in the engineering design. The Planning Commission agreed that the requirements were met to approve the applications. The Planning Commission unanimously recommended approval of the Variance, Property Line Adjustment, Minor Subdivision, and Preliminary Plat, for a residential development to be known as “Acres of Bald Eagle” 2. DESCRIPTION OF REQUEST: The applicant is requesting approval of a property line adjustment, variance, minor subdivision, preliminary plat, final plat, and development agreement for a residential development to be known as “Acres of Bald Eagle” consisting of 9 single family homes on approximately 13 acres of property. 3. BACKGROUND: Earlier this year the Planning Commission reviewed a sketch plan for this property and provided informal comments to the applicant on the plan. The sketch plan was completed to get comments from the Planning Commission and City Council prior to moving forward with the formal development approval process. The proposed development looks very similar to the sketch plan. The Planning Commission and City Council generally thought that the layout of the development was in character with the surrounding neighborhood. They stated that the variance for the lots to the west seemed reasonable because of the unique shape and access points of the property. The utilities would need to be extended past several properties that are not included in the in the sketch plan. The applicant met with the surrounding property owners and indicated that some of the property owners are interested in connecting to municipal sewer and/or water if they were to become available, with possible assessments. In this case, the construction cost would be paid with assessments. They City Council discussed the road and utility construction that is required for development of the property and stated that since there is some interest from adjacent property owners for connection to sewer and water that a neighborhood meeting should be held. In April staff held a neighborhood meeting to gage interest from the adjacent properties to construct a public improvement project for sewer and water with assessments to those properties. Staff provided high-level cost estimates for the assessments for the project. There were several questions from the property owners on the project and assessments. The neighborhood meeting went well and there were several properties owners interested a public improvement project with assessments. There was general consensus to move forward with the public improvement project. Acres of Bald Eagle Page 3 The developer will be responsible for the any improvements that are required with the development, including the paving of 121st Street. If the development does not move forward, the public improvement project will not move forward. 4. CONTEXT: A. Surrounding Land Use and Zoning The properties surrounding the proposed development are zoned Large Lot Single Family Residential (R-1) and are occupied by single family homes. B. Natural Site Characteristics There is a large wetland in the center of the development site. The applicant is not proposing to impact the wetland. There are several trees and brush on the property. 5. ANALYSIS: A. Level of City Discretion in Decision-Making The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards for variances in the ordinance. Where adjacent property owners desire to adjust their mutual lot line without creating a new parcel or lot of record, they may request a property line adjustment. The City has limited discretion in approving or denying a minor subdivision application. The City’s discretion is limited to whether or not the proposed subdivision meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the subdivision. The City has limited discretion in approving or denying a preliminary plat and final plat is limited to whether or not the proposed plat meets the standards outlined in the Comprehensive Land Use Regulations. If it meets these standards, the City must approve the preliminary plat and final plat. B. Consistency with Ordinance Standards Variance, Property Line Adjustment, Minor Subdivision, Preliminary Plat, and Final Plat The property line adjustment, variance and minor subdivision relate to the existing property to the west and an adjacent property along 121st Street. Acres of Bald Eagle Page 4 The minor subdivision creates two new lots parcel A (1.5 acres) and parcel B (4.18 acres). Parcel B is further subdivided with the preliminary plat into two lots. The applicant is proposing a property line adjustment with parcel B and an adjacent property along 121st Street. The property line increases the lot width along 121st Street for parcel B from 16.46 feet to 28 feet wide and it is further increased to 38 feet side with the preliminary plat discussed later in this report (Lot 8). Additional property is also added to the adjacent property on the north side of the property. Each property stays the same size with the property line adjustment. The preliminary plat and final plat is proposed to subdivide the new parcel B (4.18 acres) and the two existing parcels to the east (4.99 acres and 4.78 acres) into 9 lots. The total buildable acreage for the property is 12.39 acres with the net density of .73 units per acres. This meets the density requirements for the R-1 zoning district and the 2040 Comprehensive Plan land use. Lot Size The R-1 zoning district requires a minimum lot size of 1 acre and a minimum lot width of 150 feet. The lots compl y with the ordinance standards, except the lot width on parcels 8 and 9 of the preliminary p lat. The applicant has requested a variance for the lot widths to 38 feet for lot 8 and 30 feet for lot 9, where 150 feet is required by ordinance for the R-1 zoning district. Further, lots 8 and 9 are in the shoreland overlay district because they are within 1000 feet of Bald Eagle Lake. The shoreland ordinance allows a lot width in that area to be 80 feet wide for lots that are served by municipal sewer. Both lots are proposed to the served by municipal sewer. 1. Variance Standards The Planning Commission must review the requested variances with the standards outlined in Section 90-38 of the City Code. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; The existing west property is 5.36 acres in size and can be subdivided. The applicant is proposing to subdivide the property into lots that are larger than the minimum lot size of 1 acre as required by the R-1 zoning district. The applicant is proposing to use the property in a reasonable manner. Acres of Bald Eagle Page 5 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The shape of the property is unique in that has three separate access points to public streets, two on Everton Avenue North and one on 121st Street North. Besides the access point for the existing house that will remain, the other access points do not meet the minimum lot width requirements. The property has been this shape for several decades and staff did not find any information on how it became this way. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. There are other properties in the area that do not meet the lot width requirements for the zoning district and the proposed variance would not noticeably change the character of the area. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the zoning regulations is to establish lot width requirements for subdivisions in each zoning district. The property currently has three access points two along Everton Avenue and one along 121st Street. Currently the property could be accessed by any of the access points. The existing home is remaining on site. The applicant is proposing to subdivide the property and gain access to lots 8 and 9 through the other access points along Everton Avenue and 121st Street. It is in staff’s opinion that the spirit and intent of the ordinance is meet. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. A residential lot is allowed in the City Code. (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is proposed to be served by City sewer and water. Acres of Bald Eagle Page 6 Setbacks The minimum required setbacks for the R-1 zoning district are as follows: Front yard: 30 feet Side yard: 10 feet Rear yard: 30 feet The proposed development meets the setback requirements. Further, lots 8 and 9 meet the shoreland ordinance setback requirement of 100 feet from the ordinary high water mark of Bald Eagle Lake. Building Height The maximum building height in the R-1 zoning district is 35 feet. Lots 8 and 9 in the shoreland overlay district shall be a maximum of 25 feet in height. Landscaping/Lighting The landscape ordinance requires two over-story shade trees in the front yard of each lot. The applicant did not submit a landscape plan for the development, however they will be required to install two over-story shade trees in the front yard. The developer shall submit a landscape plan for review and approval by the City. The applicant has not submitted a lighting plan for the development, however they will be required to meet the requirement for street lighting in residential zoning districts. The street lighting shall be reviewed and approved by City staff prior to installation. Streets/Access The property is located along 121st Street North, which is a gravel roadway. The existing house located is proposed to continue to have its driveway connection to Everton Avenue North, as well as the proposed house to be located on Lot 9. Lot 8 is proposed to have a connection to 121st Street North. Lots 1-7 will be located on the new public street and it shall be an urban-section paved roadway with curb and gutter, with access to 121st Street. 121st Street North is currently a rural-section roadway with a gravel surface. The entire length of the street, from Everton Avenue to Falcon Avenue, shall be constructed as rural-section paved roadway. Utilities Development of the site requires connections to municipal utilities. Sanitary sewer service is available in the middle of the site via the Met Council sewer interceptor. Water service is available within 700 feet to the west on Everton Avenue North. The utilities would need to be extended to the property and to the property boundaries. Acres of Bald Eagle Page 7 The utilities would need to be extended past several properties that are not included in the in the sketch plan. The applicant has been meeting with the surrounding property owners and has indicated that some of the property owners are interested in connecting to municipal sewer and/or water if they were to become available, with possible assessments. In this case, the construction cost would be paid with assessments. In April staff held a neighborhood meeting to gage interest from the adjacent properties to construct a public improvement project for sewer and water with assessments to those properties. Staff provided high-level cost estimates for the assessments for the project. There were several questions from the property owner on the project and assessments. The neighborhood meeting went well and there were several properties owners interested a public improvement project with assessments. There was general consensus to move forward with the public improvement project. A public hearing for the public improvement project with assessments is scheduled for Monday, July 19, 2021, at 7 pm at the City Council meeting in the City Hall Council Chambers. The developer will be responsible for the any improvements that are required with the development, including the paving of 121st Street. If the development does not move forward, the public improvement project will not move forward. Further, in order for the public improvement to move forward the developer shall execute the development agreement and final plat, and pay all fees including the cost of improvements that are required for the development, including the paving of 121st Street. If the public improvement project does not move forward, the developer will be required to construct and pay for all of the improvements required for the development. Drainage/Grading The proposed plans are consistent with City storm water management requirements with regard to the building elevation, storage, treatment, and infiltration. Staff is working with the applicant to make a few minor modifications to the storm water management plans; however, none of the modifications will require a change in the overall plan. The ponds are also being excavated for soil to construct the pad sites for the homes in the development. Additional detailed comments on the drainage design and stormwater management system have been provided to the applicant and will need to be addressed as the project moves forward. Staff recommends that the grading proposed close to the north and east adjacent property lines be moved away from the adjacent properties to ensure there is not damage to existing trees in that area. Staff will continue to work with the applicant on this dimension and it is included as a condition of approval. Stormwater reuse is not proposed for this development as there are only infiltration basins proposed and they will not hold enough water for a stormwater reuse system. Park Dedication Acres of Bald Eagle Page 8 The property is served by Oak Shore Park and Bald Eagle-Otter Lake Regional Park. The applicant will be required to pay park dedication fee of $2,400 per new unit which totals $16,800. There are 3 existing lots, so 7 of the lots are considered in the total. At its February 17, 2021, meeting the Parks Commission stated that the dedication fee in lieu land dedication was acceptable. Development Agreement The development agreement is written as if public improvement is moving forward. If the public improvement project does not move forward, the language for requirement improvements will be revised along with the required fees. 6.CONCLUSION: Staff finds that the development meets the criteria necessary to approve a variance, property line adjustment, and minor subdivision. Further, the development is consistent with comprehensive land use regulations and subdivision regulations for the property for the preliminary plat and final plat. 7.STAFF RECOMMENDATION: Staff recommends approval of property line adjustment, variance, minor subdivision, preliminary plat, final plat, and development agreement for a residential development to be known as “Acres of Bald Eagle”, subject to the findings in the attached resolution and review and approval of the development agreement by the City Attorney. 8.PLANNING COMMISSION RECOMMENDATION: The Planning Commission agreed that the requirements were met to approve the applications. The Planning Commission unanimously recommended approval of the variance, property line adjustment, minor subdivision, and preliminary plat, for a residential development to be known as “Acres of Bald Eagle” ATTACHMENTS: 1.Location Map 2.Resolutions 3.Draft Development Agreement 4.Engineers Memo Dated July 2, 2021 5.Applicant’s Narrative Dated May 28, 2021 6.Minor Subdivision Plan Dated April 23, 2021 7.Property Line Adjustment Plan Dated April 23, 2021 8.Preliminary Plat Dated April 23, 2021 9.Final Plat Dated April 23, 2021 10.Civil Plans Dated April 23, 2021 11.Tree Inventory and Removal List 12. Comments from the Public 120th Street North Falcon Avenue North121st Street NorthEverton Avenue NorthEverton Circle North124th Street North Forest Boulevard NorthEuropa Avenue North124th Street Court NorthAcres of Bald Eagle Location Map Hugo, MN Proposed Site Roads Hugo Border Parcel Boundary ¯0 250Feet1 in = 250 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2021\Drengson 121st.mxdSite RESOLUTION 2021-___ APPROVING A MINOR SUBDIVISION FOR DRENGSON MAY ENTERPRISES, LLC, FOR THE PROPERTY LOCATED AT 13165 EVERTON AVENUE NORTH WHEREAS, an application has been filed by Drengson May Enterprises, LLC, that requests approval of a minor subdivision for property located at 13165 Everton Avenue North; WHEREAS, the subject property is legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing on July 8, 2021, 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 minor subdivision for Drengson May Enterprises, LLC, subject to the following conditions: 1. A minor subdivision is approved to allow the creation of two lots, in accordance with the plans and application received by the City on April 23, 2021. 2. Prior to issuance of building permits, the applicant must provide a grading plan that reflects the current topography and proposed grading. 3. The property is subject to the development standards of the Shoreland Overlay District. 4. The minor subdivision is contingent on the variance application being approved for lot width. ADOPTED by the City Council on July 19, 2021. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk RESOLUTION 2021-___ APPROVING A VARIANCE FROM THE LOT WIDTH REQUIREMENTS FOR TWO LOTS LOCATED EAST OF EVERTON AVENUE NORTH AND NORTH OF 121ST STREET NORTH WHEREAS, Drengson May Enterprises, LLC, has requested approval of a variance request to allow the lot width to be 30 feet and 38 feet for two residential lots, where 150 feet is required by the Large Lot Single Family (R-1) Zoning District regulations for the property legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed said variance at a duly called public hearing on July 8, 2021, and recommends approval with the following findings and conditions: 1. The variance is contingent on approval of the minor subdivision to create the two lots. 2. The lots are proposed to be lot 8 and 9 of a development to be known as “Acres of Bald Eagle”. 3. The proposed variance is permissible by law. 4. There are practical difficulties in complying with the provisions of the zoning regulations. 5. The existing west property is 5.36 acres in size and can be subdivided. The applicant is proposing to subdivide the property into lots that are larger than the minimum lot size of 1 acre as required by the R-1 zoning district. The applicant is proposing to use the property in a reasonable manner. 6. The shape of the property is unique in that has three separate access points to public streets, two on Everton Avenue North and one on 121st Street North. Besides the access point for the existing house that will remain, the other access points do not meet the minimum lot width requirements. The property has been this shape for several decades and staff did not find any information on how it became this way. 7. There are other properties in the area that do not meet the lot width requirements for the zoning district and the proposed variance would not noticeably change the character of the area. 8. The spirit and intent of the zoning regulations is to establish lot width requirements for subdivisions in each zoning district. The property currently has three access points two along Everton Avenue and one along 121st Street. Currently the property could be accessed by any of the access points. The existing home is remaining on site. The applicant is proposing to subdivide the property and gain access to lots 8 and 9 through the other access points along Everton Avenue and 121st Street. It is in staff’s opinion that the spirit and intent of the ordinance is meet. Resolution 2020-27 Page 2 9. A residential lot is allowed in the City Code. 10. The property is not located within a FEMA designated floodplain. 11. The property is proposed to be served by City sewer and water. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Drengson May Enterprises, LLC, to allow the lot width to be 30 feet and 38 feet for two residential lots, where 150 feet is required by the Large Lot Single Family (R-1) Zoning District regulations ADOPTED by the City Council on July 19, 2021. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2021-___ APPROVING A PROPERTY LINE ADJUSTMENT FOR DREGSON MAY ENTERPRISES, LLC AND JOHANNA MARKESON FOR THE PROPERTY LOCATED NORTH OF 121ST STREET NORTH AND WEST OF FALCON AVENUE NORTH WHEREAS, an application has been filed by Drengson May Enterprises, LLC and Johanna Markeson for the property located north of 121st Street North and West of Falcon Avenue North. WHEREAS, the proposed lot line adjustment would result in a parcels described as follows: (See Attached) WHEREAS, the City Council has fully considered the request for the property line adjustment subject to the following condition: 1. The two parcels identified as 30.031.21.43.0007 and 31.031.21.43.0005 shall be combined. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the property line adjustment for Drengson May Enterprises, LLC and Johanna Markeson. ADOPTED by the City Council on July 19, 2021. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk RESOLUTION 2021-___ APPROVING A PRELIMINARY PLAT FOR DRENGSON MAY ENTERPRISES, LLC FOR “ACRES OF BALD EAGLE” LOCATED NORTH OF 121ST STREET NORTH AND WEST OF FALCON AVENUE NORTH WHEREAS, Drengson May Enterprises, LLC, has requested approval of a preliminary plat to develop 9 lots to be known as “Acres of Bald Eagle” located north of 121st Street North and west of Falcon Avenue North and is legally described as follows: (See Attached) WHEREAS, the Planning Commission has reviewed said request at a duly called Public Hearing on July 8, 2021, 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 preliminary plat to Drengson May Enterprises, LLC, for “Acres of Bald Eagle” subject to the following conditions: 1. A preliminary plat is approved to allow the creation of 9 single family lots in accordance with the plans received by the City on April 23, 2021, except as amended by this resolution. 2. The development shall comply with the comments in the Engineer’s memo dated July 2, 2021. 3. The preliminary plat is contingent on the variance application being approved for lot width for lots 8 and 9. 4. Development is subject to the R-1 zoning district regulations. Lots 8 and 9 shall meet the Shoreland Overlay Zoning District Regulations. 5. The preliminary plat shall be revised to include the correct density calculations. 6. The grading plan shall be revised to move the grading away from adjacent properties. The applicant shall continue to work with the City on the dimension of the buffer. 7. The applicant shall construct 121st Street to a paved rural section roadway standard. The developer shall be responsible for the improvement cost for the development and it shall be paid for by the applicant. 8. The applicant shall dedicate the right of way for 121st Street North with the final plat. 9. Each home shall provide a minimum of 2 parking spaces. 10. The developer shall submit a landscape plan for review and approval by the City. 11. The developer shall submit a lighting plan for review and approval by the City. Resolution 2021-____ Page 2 12. The street name for the cul-de-sac shall be revised to meet the City naming convention. 13. Prior to the release of the final plat for recording, the developer shall comply with the following conditions. 14. The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. 15. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. ADOPTED by the City Council on July 19, 2021. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2021-____ APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR DRENGSON MAY ENTERPRISES, LLC FOR ACRES OF BALD EAGLE WHEREAS, Drengson May Enterprises, LLC, has requested approval of a final plat to develop 9 lots to be known as “Acres of Bald Eagle” located north of 121st Street North and west of Falcon Avenue North and is legally described as follows: (see attached) WHEREAS, the Planning Commission has reviewed the preliminary plat at a duly called public hearing and recommended approval of the preliminary plat; and WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on July 19, 2021; and NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the request by Drengson May Enterprises, LLC, for a final plat, subject to the following conditions: 1. The final plat is approved to allow the creation of 9 single family lots 9, in accordance with the plans and application received by the City on April 23, 2021, except as amended by this resolution. 2. The development shall substantially compl y with all plans and conditions of the preliminary plat approval granted by the City on July 19, 2021. 3. The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 15, 2021, and revisions required in “redlined” comments from the City Engineer. 4. The preliminary plat is contingent on the variance application being approved for lot width for lots 8 and 9. 5. Development is subject to the R-1 zoning district regulations. Lots 8 and 9 shall meet the Shoreland Overlay Zoning District Regulations. 6. The preliminary plat shall be revised to include the correct density calculations. 7. The grading plan shall be revised to move the grading away from adjacent properties. The applicant shall continue to work with the City on the dimension. 8. The applicant shall construct 121st Street to a paved rural section roadway standard. The developer shall be responsible for the improvement cost, including utilities, for the development and it shall be paid for by the applicant. Resolution 2021-___ Acres of Bald Eagle Final Plat and Development Agreement 9. The applicant shall dedicate the right of way for 121st Street North with the final plat. 10. Each home shall provide a minimum of 2 parking spaces. 11. The developer shall submit a landscape plan for review and approval by the City. 12. The developer shall submit a lighting plan for review and approval by the City. 13. The street name for the cul-de-sac shall be revised to meet the City naming convention. 14. The outlot shall be removed from the final plat. 15. The developer shall obtain all necessary local, state, and federal permits. 16. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. b) The developer shall pay $16,800 in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. Prior to the issuance of building permits: a) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. b) The applicant shall submit three full sets of approved final plans to the City. c) Improvements to 121st Street and the cul-de-sac shall be completed including paving and utilities. 18. Prior to the issuance of Certificate of Occupancy: a) All requirements in the development agreement shall be met. Resolution 2021-___ Acres of Bald Eagle Final Plat and Development Agreement ADOPTED by the City Council on July 19, 2021 ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Rev. 07/15/21 Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Acres of Bald Eagle THIS AGREEMENT, made and entered into this _____ day of _______________, 2021 by a nd between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Drengson May Enterprises, LLC, and limited liability Company (hereinafter referred to as "Developer"). WITNESS: Acres of Bald Eagle 2 WHEREAS, the City Council of the City has, by Resolution Number 2021-___ on July 19, 2021, approved the Preliminary Plat for a major subdivision as proposed by the Developer to be known as "Acres of Bald Eagle" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2021-____ on July 19, 2021, approved the Final Plat for a major subdivision as proposed by the Developer to be known as "Acres of Bald Eagle" ("The Plat"); and, WHEREAS, the Plat proposed a development of an approximately 13 acre parcel of land into 9 Residential Lots and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this development. All fees and costs incurred by the City in connection with the development shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the development in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and Ordinances of the City, and subject to all City Resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements hereinafter collectively called "improvements." All Acres of Bald Eagle 3 improvements shall be constructed and installed pursuant to the terms and conditions herein set forth in accordance with the plans approved and listed on Exhibit A, subject to all City Resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted Specification Book and the direction of City staff. The only “improvements” to be completed by the developer under this Development Agreement grading for the building pads and stormwater management facilities. All other improvements will be completed with the 121st Street and acres of Bald Eagle public improvement project. Any changes to the plans listed under Exhibit A are subject to approval by the City Engineer. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the public street, utility, and storm drainage improvements outlined in this agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow to the City staff and City consultants access to the property to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance of the development. b) Drainage Easements: Drainage easements shall be given so as to cover wetlands and stormwater ponding areas based upon 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading. Soil compaction tests shall be provided for respective lot prior to the issuance of a building permit for each respective lot. d) Private Utilities: All utilities, including electricity, telephone, natural gas and cable television, shall be installed underground. Acres of Bald Eagle 4 e) Mailboxes: Developer shall coordinate mailbox locations with the Postmaster. f) Street Lights: Street lights shall be installed within the plat according to a street lighting plan which will first be approved by the City Engineer. Developer shall also submit its street lighting plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the Development property as a result of construction activities associated with the plat until final acceptance of the improvements. If the streets are not maintained in a manner acceptable to the City, the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy, or as approved by the City Engineer. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. or as approved by the City Engineer. 3. City staff or its assignees have visually inspected all roadways and curb within the Development, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: All work for improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval of the City in accordance with the approved plans. All improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) Acres of Bald Eagle 5 months of the execution of this agreement. Substantial completion shall consist of all work with the exception of placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the improvements listed on Exhibit A. This information shall be provided to the City in the following formats (a) 1-set mylar drawings (22” x 34”) for all improvements. (b) 1-set paper drawings (22” x 34”) for all improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the Final Plat. All Record Drawings shall include the following information: (a) All Bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the Acres of Bald Eagle 6 plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the improvement projects and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the improvements within the plat have been approved and accepted by the City. The developer’s engineer shall certify that grading within the plat was completed in accordance with the approved grading plan before the City issues any building permits. The developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued or the developer is released from its obligation under this agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the proposal development. The plan shall be reviewed and approved by the City’s Public Works Department. Upon plan approval, the City’s Public Works Department shall install all public signage within the development. The installation of all private signage shall be the responsibility of the developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the Public Works Department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, Acres of Bald Eagle 7 other than improvements shown on the approved plans, shall be permitted in defined drainage easements without the prior written permission of the City and any regulatory agency having jurisdiction. b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The City shall be responsible for non-routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the Cities General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the plat shall be landscaped in accordance with the approved landscape plans, the City’s Landscape Ordinance, and the City’s Specification Book. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the Certificate of Occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. Except as required otherwise, back yards need only be sodded to a minimum depth of ten (10) feet directly behind the principal building with the remainder to be seeded. Lawn areas shall be established with turf consisting of a mix containing at least two-thirds improved and elite type Kentucky bluegrass varieties, or as otherwise specified on approved landscape plans. All seeded areas shall be seeded at an application rate as recommended by the supplier of the seed. All landscaped areas shall be tilled in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no more than 35% sand. Unless specific arrangements are made and Acres of Bald Eagle 8 agreed to by the City, all landscaping installed within the plat shall be maintained by the developer and its successors. All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The development shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this subdivision approval is given subject to the following requirements: Acres of Bald Eagle 9 a) Expiration. The final plat documents must be submitted to the City Council within one hundred twenty (120) days of preliminary plat approval or else the preliminary plat approval shall be null and void and the final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the Council motion giving final plat approval or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The developer shall record the DA with Washington County simultaneous with the recording of the plat, and shall forward confirmation of the DA to the City prior to the issuance of building permits. All applicable conditions of plat approval must be met before any deeds are stamped for recording and prior to the recording of the final plat at the Washington County Recorder's Office. Final plat approval shall be contingent upon compliance with the grading, storm water drainage and utility plan approved and upon compliance with this Development Agreement. c) Model Homes. In the event that site grading is approved by the City prior to final plat approval and/or execution of this Agreement, posting of security and filing of final plat, the Developer shall be entitled to one building permit per housing unit type on lots that abut existing streets or roadways, subject to final approval by the City. No model homes may be constructed or utilized until at least one lift of bituminous has been installed from said model home providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City Ordinance and Section 14 of this agreement has been installed. d) Sales Trailers. The developer may be entitled to a maximum of one temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved final plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the Planning Commission Acres of Bald Eagle 10 and City Council in connection with the approval of the development. f) Certificates of Survey. A certificate of survey shall be provided to the Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and a grading plan, tree preservation and landscaping plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit “B,” the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this Development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners’ association documents within this Development and the same shall be maintained in good condition in accordance with all ordinances and directions of the City. Developer agrees to provide a copy of the property owners’ association documents to the City before final plat approval. In the event of failure or refusal of any property owners association to so maintain or repair then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. No property owners association is required under this development agreement. i) The City may, free of claims of cost, loss or damage by Developer, withhold any permits at any time because of sewer capacity limitations or other infrastructure limitations. j) Deed restrictions shall advise owners of all lots of the requirements of this Development Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the land which does not comply with the City Zoning Ordinance until final acceptance of the improvements. E. DAMAGES AND DEFAULT: Acres of Bald Eagle 11 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. Model Homes are exempt from this section. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 3. Events of Default. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developers to commence and complete construction of the Public Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developers to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developers, deemed adequate by the City, that Developers will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative Acres of Bald Eagle 12 action, as is necessary for the City to secure performance of any provision of this agreement or recover any amounts due under this Agreement from Developers, or immediately draw on the Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developers acknowledge the right of the City to enforce the terms of this Agreement against the Developers, by action for specific performance or damages, or both, or by any other legally authorized means. The Developers also acknowledge that their failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developers, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under the Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein and that it has authority to execute this Development Agreement and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developers agree to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable Acres of Bald Eagle 13 attorney's fees, arising out of actions or omissions by Developers, their employees and agents, in connection with the Project. No transfer or assignment shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the plat and for any improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this agreement. 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance policy dated not earlier than 30 days prior to the execution of the plat. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. Acres of Bald Eagle 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 200__, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Acres of Bald Eagle 15 Developer Dregnson May Enterprises, LLC By________________________________ Its_________________________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20__, before me, a Notary Public, within and for said County and State, personally appeared _________________________, to me personally known, who, by me duly sworn did say that they are the _________________ of ________________________________________, named in the foregoing instrument, and that said instrument was signed on behalf of ____________________________________________ and said _____________________________________acknowledged said instrument to be the free act and deed of said corporation. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Acres of Bald Eagle 16 Forest Lake, MN 55025 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author Civil Plans April 23, 2021 Plowe Engineering Preliminary Plat April 23, 2021 E.G. Rud and Sons Final Plat April 23, 2021 E.G. Rud and Sons To be finalized when stamped approved by staff Acres of Bald Eagle 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 9 single family lots 9, in accordance with the plans and application received by the City on April 23, 2021, except as amended by this resolution. 2. The development shall substantially comply with all plans and conditions of the preliminary plat approval granted by the City on July 19, 2021. 3. The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 15, 2021, and revisions required in “redlined” comments from the City Engineer. 4. The preliminary plat is contingent on the variance application being approved for lot width for lots 8 and 9. 5. Development is subject to the R-1 zoning district regulations. Lots 8 and 9 shall meet the Shoreland Overlay Zoning District Regulations. 6. The preliminary plat shall be revised to include the correct density calculations. 7. The grading plan shall be revised to move the grading away from adjacent properties. The applicant shall continue to work with the City on the dimension. 8. The applicant shall construct 121st Street to a paved rural section roadway standard. The developer shall be responsible for the improvement cost for the development and it shall be paid for by the applicant. 9. The applicant shall dedicate the right of way for 121st Street North with the final plat. 10. Each home shall provide a minimum of 2 parking spaces. 11. The developer shall submit a landscape plan for review and approval by the City. 12. The developer shall submit a lighting plan for review and approval by the City. 13. The street name for the cul-de-sac shall be revised to meet the City naming convention. Acres of Bald Eagle 18 14. The outlot shall be removed from the final plat. 15. The developer shall obtain all necessary local, state, and federal permits. 16. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. b) The developer shall pay $16,800 in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. Prior to the issuance of building permits: a) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. b) The applicant shall submit three full sets of approved final plans to the City. c) Improvements to 121st Street and the cul-de-sac shall be completed including paving and utilities. 18. Prior to the issuance of Certificate of Occupancy: a. All requirements in the development agreement shall be met. Acres of Bald Eagle 19 EXHIBIT C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $23,523.00. This sum is calculated to be four percent (4%) of the estimate of the required improvements to be installed to serve the development, plus $5,000 which is the minimum balance required in the account. b) Cash Escrow or Letter of Credit. Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one hundred twenty-five percent (125%) of the estimated amount of the required improvements to be installed to serve the development. This amount has been calculated by the City’s Engineer to be $578,829.00. This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below 10% of the original amount. The City shall have the right to retain the financial guarantee until the improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Cash Escrow for Street and Utility Construction. The Developer is responsible for paying the construction cost of the street and utility construction required for the development. The total estimated cost of the construction is $737,404.60. The developer shall provide a financial guarantee to the City, in the form of a cash escrow or other payment method approved by the City, in the amount equal to $737,404.60. d) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $37,079. This sum is calculated to be $0.07 per square foot for the 439,738 square feet of Net Developable Area within the Plat. This fee shall be paid before the Final Plat is signed by the City. e) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer through the incorporation of on site ponding. No storm water ponding fee will be applied. f) Snow Plowing. Developer agrees to pay a cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $969.50 ($0.50 x 450 = $252.00). Acres of Bald Eagle 20 g) Sealcoating. The Developer shall post a cash escrow with the City in the amount of $1,800.00 to cover the cost of the first sealcoating of the streets in the Plat. This sum is calculated to be $4.00 per foot for the 450 feet of streets within the Plat. h) Park Dedication. Developer agrees to pay a park dedication fee of $2400 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 7 lots within the plat (i.e. total due $16,800). i) Cul-de-sac Escrow. N/A j) Escrow for Street Signage. Developer shall deposit $1000.00 into an escrow account with the City. This amount represents an estimated cost of $500/sign for 2 signs to be installed within the development. k) WCA Escrow. N/A l) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee in the amount of $14,688. This sum is calculated to be $1,632 per lot for the 9 residential lots. m) Water Trunk Fee. The development shall pay the City water trunk fee in the amount of $17,640. This sum is calculated to be $1,960 per lot for the 9 residential lots. n) Water Over Sizing Credit: $49,932.44 Acres of Bald Eagle 21 EXHIBT D IRREVOCABLE LETTER OF CREDIT No._______________ Date: ______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 200__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. Acres of Bald Eagle 22 This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Acres of Bald Eagle 23 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Acres of Bald Eagle 24 Bodily Injury and Death: $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 ore more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto Acres of Bald Eagle 25 LIMITS: [Minimum] Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative Acres of Bald Eagle 26 EXHIBIT F MORTGAGE CONSENT TO DEVELOPMENT CONTRACT , hold a mortgage on the subject property, the development of which is governed by the foregoing Development Contract, agree that the Development Contract shall remain in full force and effect even if they foreclose on their mortgage. Dated this _______ day of ___________________, 200__. STATE OF MINNESOTA ) ) ss. COUNTY OF __________________ ) The foregoing instrument was acknowledged before me this _____ day of _____________, 200__, by . Notary Public Acres of Bald Eagle 27 DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Acres of Bald Eagle\Preliminary and Final Plat, Minor Sub, PLA, variance\Engineers Memo Acres of Bald Eagle Preliminary Plat and Final Plat 070221.pdf.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 15, 2021 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Acres of Bald Eagle Final Plat Review (4990 121st Street North) WSB Project No. 016315-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Acres of Bald Eagle (formerly Drengson Property) as prepared by Plowe Engineering, Inc. and E.G. Rud & Sons, Inc. Based on the review of the documents below, we offer the following comments related to this application: • Civil Plans prepared by Plowe Engineering, Inc., dated April 23, 2021 • Stormwater report prepared by Plowe Engineering, Inc, dated April 23, 2021 • Final Plat prepared by E.G. Rud and Sons, Inc. • Geotechnical Exploration Report – dated May 13, 2021 by Haugo GeoTechnical Services • Soil Boring Exhibit and Soil Boring Logs date April 14, 2021, by Haugo Geotechnical Services • Acres of Bald Eagle – Property Line Adjustment Survey dated June 3, 2021 by E.G. Rud and Sons, Inc. • Acres of Bald Eagle – Tree Inventory and Removal List dated June 4, 2021, by E.G. Rud and Sons, Inc. • Acres of Bald Eagle - Tree Inventory and Removal Map dated June 4, 2021, by E.G. Rud and Sons, Inc. General/Access 1. The subject property is located on the north side of 121st Street between Everton Avenue North and Falcon Avenue North. Access to the site will come from 121st Street, which is a gravel surfaced roadway. 2. With subdivision of property on gravel roadways such as this, the applicant will need to pave the existing roadway from Falcon Avenue to Everton Avenue (approximately 1,500 feet), but not be required to bring the roadway to an urban section with curb and gutter and storm sewer. The roadway can remain a rural section roadway. 3. Properties to the north, east, and west do not require access to be provided from this development, therefore other street connections are not a consideration. 4. Lots 8 and 9 will take access directly from 121st Street and Everton Avenue, respectively. 5. Additional detailed comments on the street and utility system have been provided to the applicant and will need to be addressed as the project moves forward. 6. Overall grading adjacent to property line will require separation to not impact trees near the property line on adjacent properties. 7. Drainage and utility easements appear to adequately cover the stormwater features, utility pipes, and existing wetlands with possibly minor exceptions noted on our redline plan set. Ms. Rachel Juba July 15, 2021 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Acres of Bald Eagle\Preliminary and Final Plat, Minor Sub, PLA, variance\Engineers Memo Acres of Bald Eagle Preliminary Plat and Final Plat 070221.pdf.docx Utility Plan 8. Watermain is available to the 121st Street corridor and Drengson Property via the existing watermain located within Everton Avenue. The applicant is proposing to extend watermain to their east plat line and into their subdivision at their proposed street entrance. 9. Sanitary Sewer Service is available to serve the property as well as other properties within the 121st Street corridor from the MCES 42” Interceptor that extends along the Drengson’s west property line. The applicant is proposing to extend an 8” sanitary sewer within their development and to their east plat lines along 121st Street. 10. Other property owners have expressed interest in receiving sewer and/or water service as well. An informational meeting was held to discuss what a public improvement project would look like and to gage interest from the adjacent properties. 11. Hugo City Council received a feasibility study that outlines a public improvement project that includes sanitary sewer, watermain, storm sewer and street improvements for both the development and existing properties along 121st Street and the three parcels adjacent to this development along Falcon Avenue. Hugo City Council set a public hearing for these public Improvements for July 19, 2021. Assessments for sewer and water services extended to adjacent properties would be assessed, with all other remaining costs to be paid for by the developer as part of the Development Agreement terms. Stormwater Management/Wetlands 12. The development is meeting stormwater management requirements through the use of on- site infiltration basins. Infiltration basins are being designed to provide the required water quality volume and to meet rate control restrictions. 13. The proposed development will collect and route drainage from a portion of 121st Street which will be reconstructed concurrently with the development. Based on the area of impervious of the 121st Street project, stormwater management is not required however drainage will still be routed through the Acres of Bald Eagle site for water quality treatment. 14. Documentation will be required to confirm hydrology to the wetland onsite are being maintained post construction. If hydrology is not being maintained that would be considered a wetland impact and would require wetland mitigation. 15. Proposed structures are currently shown to meet freeboard requirements. If stormwater management design is modified, applicant will need to confirm freeboard requirements continue to be met. 16. Stormwater reuse is not proposed for this development as there are only infiltration basins proposed. 17. Additional detailed comments on the drainage design and stormwater management system have been provided to the applicant and will need to be addressed as the project moves forward. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 651-286-8463. Sincerely, WSB Mark Erichson, PE Ms. Rachel Juba July 15, 2021 Page 3 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Acres of Bald Eagle\Preliminary and Final Plat, Minor Sub, PLA, variance\Engineers Memo Acres of Bald Eagle Preliminary Plat and Final Plat 070221.pdf.docx City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Dan May Jared & Laura Drengson 1853 Birch Lake Ave White Bear Lake, MN 55110 Laura phone: 651-269-6285 Email: ljmay14@msn.com ACRES OF BALD EAGLE NARRATIVE: Prepared May 28, 2021 Introduction/ Overview: This narrative has been prepared to accompany the recent sketch plan application that was submitted on behalf of Dan May and Jared & Laura Drengson. The proposed project lies easterly of Everton Avenue North and northerly of 121st Street North in the City of Hugo. We are proposing to replat the 3 existing parcels, which total approximately 15.02 acres, into 10 single family lots. There is an existing home that would remain on one of the proposed lots (lot 10), which would meet all existing R1 standards. On the east 9.78 acres, there will be a short cul-de-sac surrounded by seven new SF homes. Along the cul- de-sac, we plan to follow the local standards of lights per street length, and will be installing 2 or 3 street lamps. All landscaping will be left up to the respective buyers, falling in code with covenants we have yet to declare. The west 4.18 acres (of the existing 5.34 acres) will be divided into two lots where there will be two new SF homes. The current parcels are zoned R-1, Single Family Residential. The R-1 zoning provides for development density of 1 unit per acre, which is consistent with the sketch plan provided. Below is a comparison of the R-1 zoning code and the requested variance. Item: Requirement: Requested Deviation: Minimum Lot Width per R-1 150 Feet 30 feet for Lot 9 38 feet for Lot 8 This project will adhere to and match all of the following standards, with no deviation needed: • Development Density = 1 acre. (Standard met, no deviation needed.) • Minimum Lot Depth = 250 feet (Standard met, no deviation needed.) • Front Setback = 30 feet (Standard met, no deviation needed.) • Side Yard Setback = 10 feet (Standard met, no deviation needed.) • Rear Yard Setback = 50 feet (Standard met, no deviation needed.) • Wetland Setback = 30 feet (Standard met, no deviation needed.) What applications do you expect to apply for? • Would there be a need to rezone? If yes, then we would do so. This project adjoins 121st Street North, which is one of the few unimproved streets in this neighborhood. It is understood that this street will need to be improved, along with the installation of utilities, in order to develop our parcel. There are existing homes that front and utilize 121st Street. In communicating with these and adjacent neighbors to our property, we have found several have interest in accessing city sewer and/or water as well as having 121st Street paved. It is understood that this improvement project may also provide benefit to said neighboring homes in these ways. We are hoping to collaborate with the City of Hugo to better understand the process and cost sharing/ assessment opportunities that may be associated with this street improvement project. • DRAINAGE CONCERNS FROM NORTHERLY NEIGHBORS: It is understood that there are drainage concerns from the neighboring homes to the north. The proposed layout does lend itself to a pond design on the north end of the project, and it is anticipated that review of the site topography and elevations for the northerly neighboring homes would be taken into consideration with the civil design. Conclusion: Thank you for your assistance and review of our proposed subdivision. We hope this project will be a welcomed contribution to the City of Hugo and surrounding neighborhoods by adding quality housing and preserving the natural character of the site. Feel free to inquire or reach out to our team if you have any additional questions or needs for the review process. Applicants: Surveyor: Civil Engineer: Jared & Laura Drengson Jason Rud Chuck Plowe Dan May Dan May Jared & Laura Drengson 1853 Birch Lake Ave White Bear Lake, MN 55110 Laura phone: 651-269-6285 Email: ljmay14@msn.com R-1 Minimum Lot-Width Variance Chapter 90 Article IV Division 1. Sec. 90-96. – Large Lot Single-Family Residential District (R-1). 12165 Everton Ave. N. Hugo, MN PID 31 -031-21-43-0001 On behalf of Dan May and the Drengsons, we are asking for a variance from the minimum lot width requirement as stated in the R-1 Large Lot Single-Family Residential code. The current resident owner of the 12165 Everton Ave 5.34 acre property has chosen to subdivide his property into two separate parcels, selling 4.18 acres and retaining his home on 1.16 acre. As the buyers, we are seeking to split the 4.18 acres into two 2+ acre lots. However, due to the unique shape and position of the property, and the current owner’s desire to retain his home on the acre which fronts Everton Ave, in purchasing the 4.18 acres, we are left with two access points. One point of entry is on the northern boundary where the lot adjoins Everton Ave. with a frontage of 30ft. The second is the southern point of entry where the lot adjoins 121st with a proposed frontage of 38ft. Requirement Requested Deviation Minimum Lot Width at Front Setback Line 150ft Lot 9: 30ft Lot 8: 38ft We recognize the deviations from the standard are significant, however, considering the unique position and accessibility, we have come to find this is the most logical and certainly the most nature-preserving method of access to these lots. In being granted this variation, we aim to maintain the quiet nature of the area and placing only two large parcels on the 4.18 acres. We have, thus far, found this to be agreeable to our adjoining neighbors. It should be noted that there are existing parcels which adjoin our project and do not meet the 150 foot lot width requirement. As a result, we feel this request is not a large departure from what exists within the neighborhood today. Thank you all very much for your time and consideration of our project. Sincerely, Dan May Jared & Laura Drengson From:Tom Sorensen To:Rachel Juba Cc:Emily Weber; "Trese" Subject:RE: Drengson Development Date:Wednesday, June 30, 2021 11:28:14 AM Caution: This email originated outside our organization; please use caution. Hello Emily Can you print us the recent packet concerning the latest Drengson Development plan? I can come and pick it up at city hall. Is there a link to it on the city website? I could not find it. Hello Rachel and Emily After reviewing the grading plan, it would appear that the company that developed this had no consideration for leaving any trees on the property. This is quite disturbing, as well as showing walk- out homes on land that already has a high water table and drainage issues, thereby creating the need to make grading elevations that much more extreme. One of our personal big concerns is the grading they plan to do close to/on the property line. We have several trees we have planted over the years and nurtured in the goal of maintaining privacy and a buffer zone. If those tree roots become damaged it will compromise the trees or kill them. My understanding is that if a neighbor’s excavation practices kill your trees, they are responsible for compensating you for the damage/loss. I don’t really want this to go there. There was an extensive tree survey done. Can you tell me what the purpose of this is if the trees will likely be all removed? Is there a formula that the developer has to follow to put in new trees for the amount that was removed? Are there limitations on the dwellings that can be built? Limitations on height? We are concerned about three story homes essentially built on grade towering over the landscape, spoiling the rural feel of the neighborhood. There are a number of us neighbors who have been communicating and meeting and we have many different concerns with the grading plan. We will all be at the planning meeting next week, so please make allowance for us to speak. Please tell me what form of media we can bring to share. I assume we can bring handouts. Is there also a possibility for us to bring media (power point or whatever) on a flash drive to share? Please let me know so we can prepare. Looking forward to your response. Thank you Tom From: Rachel Juba [mailto:RJuba@ci.hugo.mn.us] Sent: Thursday, June 17, 2021 12:44 PM To: 'Tom Sorensen' Cc: Emily Weber Subject: RE: Drengson Development Tom: They are asking for preliminary plat and final plat approval. So yes, this is a formal approval. The Planning Commission is a recommending body to the City Council, the Council will make the final decision. As for the number of lots, it is only creating two new lots on the west side since there is an existing lot, so in the end it will be 3. The plan is the same as you have seen before. The plan is preliminary and we are in the review process, it might be different by the time it goes to the Planning Commission. The Friday or Monday before the Planning Commission the packet will be available for public review. Thank you. Rachel From: Tom Sorensen [mailto:wave2000@aol.com] Sent: Thursday, June 17, 2021 12:14 PM To: Rachel Juba <RJuba@ci.hugo.mn.us> Cc: Emily Weber <EWeber@ci.hugo.mn.us>; 'Trese' <gromit618@aol.com> Subject: RE: Drengson Development Caution: This email originated outside our organization; please use caution. Hi Rachel The posting on the Hugo website says “The Hugo Planning Commission will hold a public hearing on Thursday, July 8, 2021, at 7:00 pm in Hugo City Hall to consider the request of Drengson May Enterprises, LLC, 8 Apple Orchard Court, Dellwood, MN 55110 for preliminary plat and final plat approval.” Will this meeting not actually be for any final approvals? The posting also says now they are wanting 3 (instead of the original 2) lots on the 5 other acres. We’d like a drawing of this if it exists. The neighbors and us are quite concerned about the grading plan. It looks to indicate that pretty much all trees would be removed. Also, with grading changes that close to our property line it will likely impact the survival of our trees, that we have planted and nurtured to keep a natural look to the area and a buffer zone. Cannot believe the grading drawing shows walkout units on land that has a high water table and has water drainage issues and is next to a wetland! Thank you Tom From: Rachel Juba [mailto:RJuba@ci.hugo.mn.us] Sent: Thursday, June 17, 2021 9:19 AM To: 'Tom Sorensen' Cc: Emily Weber Subject: RE: Drengson Development Sorry for the delay. Here is the grading plan, but please know these are prelimary and we are just starting our review. From: Tom Sorensen [mailto:wave2000@aol.com] Sent: Thursday, June 17, 2021 9:15 AM To: Rachel Juba <RJuba@ci.hugo.mn.us> Cc: Emily Weber <EWeber@ci.hugo.mn.us> Subject: RE: Drengson Development Caution: This email originated outside our organization; please use caution. If you could send these, it would be great so we could review before the meeting Thank you Tom From: Tom Sorensen [mailto:wave2000@aol.com] Sent: Tuesday, June 15, 2021 10:01 AM To: 'Rachel Juba' Cc: 'Emily Weber' Subject: RE: Drengson Development Hello Racheal and Emily Can you please send me the latest drawings / plans / plots that relate to the Drengson May development, the 10 acre portion and 5 acre portion? Thank you We saw that there will be a public hearing on July 8th. Tom Thomas and Teresa Sorensen July 6, 2021 5049 124th St Ct N White Bear Lake, MN 55110 Gromit618@aol.com 651-261-5997 Good afternoon Council Member Petryk, My name is Teresa Sorensen. I live with my husband Tom at 5049 124th St Ct N. We have resided at our Hugo home since 1987, when we were drawn here by the rural setting and the spacious one acre lots. We recently received notice of a planning commission hearing on July 8th on the proposed development adjacent to our south property line named the Acres of Bald Eagle and we would like to share some concerns: First and foremost, Tom and I are frustrated with the fact that we are unable to voice our concerns about the project to the city staff or to the developer. The city staff has directed us to appeal to the developer and the developer refuses to speak with us about the project. When we moved into our home, the previous owner of the proposed development land had planted a buffer of white pine along the property line and left the land in a natural setting. Tom and I enhanced the buffer by planting many trees on our property boarder as well as throughout our entire yard. Over the years, and after much expense and hard work, we have managed to turn a former corn field into a treed lot offering us a lovely private setting. We do not want this development to endanger the buffer we have worked so hard to achieve. Initially the developer stated they were intending to live in the development and wished to preserve as much of the natural environment as possible. Given the hard work we have done to preserve the natural rural setting, we were very happy to hear that. However, the developers must have had a change of heart as the grading plan they are proposing will eliminate most all of the trees on the property (as shown on the Tree Inventory and Removal Map, including 40 year old white pines the previous owner planted) as well as compromising the trees on the neighboring properties. To protect the trees on our property and the beautiful pines and oaks along the property lines, we would like the developer to be directed to leave a wider buffer along the north and east property lines of the development than what is shown on the current grading plan and the Tree Inventory and Removal Map. This would be of mutual benefit to the existing home owners and new home owners and is in line with a recommendation from the city engineers. Another one of our concerns is the style of houses in the proposal: Thirty five foot high walk-outs. It seems to us that the intense grading and tree removal is due to the developer’s desire to offer walk-out lots. This large style of home is not in keeping with the surrounding homes and will tower over neighboring ramblers and split entry homes. Please urge the developer to reconsider the grading plan to open up the opportunity to build ramblers and single story homes rather than the current plan designed specifically for looming two plus story homes. Finally, the proposed drainage method shown in the grading plan includes a moat ditch system, which will drain and funnel into a “pond” located along the development’s north property line within sight of our home. This shallow pond will only become a sludge pit over time; an eyesore and mosquito breeding ground. As our city council representative, we ask that you please share this letter with the full council, the mayor and planning commission members. In conclusion, we respectfully request that the members of the Planning Commission let the neighboring property owner’s voices be heard at the upcoming hearing on Thursday. Please table approval of the Acres of Bald Eagle development to give the developer an opportunity to consider a less disruptive development plan, including wider buffers along the adjoining property borders, a less intense grading plan allowing for single story or story and a half homes rather than thirty-five foot tall two plus story homes, and a better solution for the drainage pond. See comments below regarding the grading plan and tree removal. Thank you, Trese and Tom Sorensen This intense grading and dramatic elevation change will compromise the existing trees on the neighboring properties to the north. There needs to be a wide buffer zone along the development’s north border, with no disturbance of the existing grade staying well away from the existing tree driplines. Sorensen letter - Acres of Bald Eagle Development - 070621.pdf Existing trees in this area on the north end of the development should remain for a buffer zone. From:Barb Proulx To:Becky Petryk Cc:Emily Weber Subject:Acres of Bald Eagle Date:Wednesday, June 30, 2021 2:59:29 PM Caution: This email originated outside our organization; please use caution. Good afternoon Council Member Petryk, It is my understanding that the City Council is scheduled to approve the new development named the Acres of Bald Eagle at their meeting on July 19. It is also my understanding that the Planning Commission will be taking public comment on this at the July 8 public hearing. If you haven't already, I would encourage you to walk the property, better yet - walk my property so you can see the impact. I would like to share, and sincerely hope that you pass this on to the full council, mayor and commission, my thoughts pertaining to this proposed development. I have had the pure enjoyment and satisfaction of living and raising our kids on my one acre parcel in Lake Air Estates, Block 1, Lot 19 for the last 37 years. When we purchased the property, one acre was the smallest lot you could purchase in Hugo. My how times have changed! Our large lot residential neighborhood is unique. We have neighbors, yet we have space that provides for privacy. Our property is directly adjacent to the proposed development. I have a few concerns that I would like to share. Currently the property proposed for development is an urban forest. We enjoy the deer, turkey, fox, pheasant, bald eagles, hawks and owls...just to name a few of habitants of this property. I am hoping that the developer will take this to heart when the excavators show up to scrape the land. Will there be a wooded buffer zone around this development? I know a tree survey was done. What does that mean? I would encourage the developer to keep most of the trees around this property. New developments that have been going up all seem to have trees planted around the property. This is a mutual benefit to both the current and new property owners. I am concerned that the drainage and storm runoff proposed on the plat map is not the best use of the way the property is naturally formed. The property currently has a low wetland. This appears to be eliminated on the plat map and a moat like ditch system will replace it and put it in a "pond" directly next to my property. I am wondering why they would do the extra work? Is it because they will take the dirt to build up the home sites so they can put the tall towering two story walkout homes as proposed? When we purchased our lot, those many years ago we were given a list of covenants. July 6, 2021 City of Hugo Community Development Board of Zoning and Planning Commission Members Mayor and City Council Members We have reviewed the PRELIMANARY PLAT map of DRENGSON/MAY ENTERPRISES LLC for the proposed development, ACRES OF BALD EAGLE at 4990 121st STREET. We live at 12116 FALCON AVE N. (corner of 121st Street and Falcon Ave. N.) Our property runs along a good portion of the eastern border of the proposed development. Narrative prepared by developers on May 28, 2021, at the conclusion wrote “We hope this project will be a welcomed contribution to the City of Hugo and surrounding neighborhoods by adding quality housing and preserving the natural character of the site.” Review of the site grading of the property shows EXTREME RESHAPING of the property. Current design is for a moat that requires removal of soils to a depth of up to eleven feet below current soil elevations. This counter intuitive design from a water flow perspective diverts all the runoff from the new development entirely to the east towards three residential properties discharging into the new perimeter moat. This water must then continue to flow north and then west before allowing it to spill over the weir. This water must flow the entire perimeter of the property. The elevation for the bottom of the moat is set for 934 feet which is the same elevation as the wetlands to the west. However, the weir on the west end controls the moat water level at the 935.24 feet elevation, thereby creating a holding pond approximately 1.24 feet deep. Additionally, as the soil boring from the east side has indicated there are water bearing samples at approximately the bottom of the moat level (933 to 934 feet). With the added 1.24 feet of water in the moat and continually being refreshed with the entire runoff, the resulting added head/water pressure will potentially lead to significant risk of raising the water level near or above the basement floor levels of these properties to the east and a significant risk of contaminating the water table. Containment of runoff can bring additional issues that have negative effects on properties and our wellbeing! i.e., stagnant water increasing mosquito breeding, unmaintained ditches, basins, and swales with saturated soils bringing blight to the area, child safety issues (drowning). This extreme reshaping of the land surface will not resemble any of the existing characteristics of the property or the neighboring properties. It will in fact destroy most if not all the existing trees on the property. TREE INVENTORY LIST counts 9,071 trees. CAREFUL GRADING on the eastern border MUST BE MET as not to disturb the root system of FIVE mature oaks on our property. The preliminary plat map raises the soil levels at the proposed unit locations as much as four feet above current soil levels. The plat map shows these elevations to create walk out lots. With soil height and most likely the construction of two-story homes we will be looking at intrusive thirty-five-to-forty- foot roof tops which will tower over the existing neighborhood of modest homes. With proposal of improvements for 121st Street there may be issues with drainage on the northside intersection of 121st and Falcon Avenue North. There has been a history of pooled water on the northside of this intersection. There is no culvert or drain for the water to flow. Additionally, water flows down our existing driveway on 121st Street N. as this gravel road as elevated over the past years. We also want the developers and the City of Hugo Engineering staff to be informed of the high-water table and water drainage issues in and around the properties of the proposed development. Respectfully submitted, Tom and Denise Sames 12116 Falcon Avenue N. White Bear Lake, MN 55110 Covenants that make and keep a great neighborhood - a great neighborhood. Where are the covenants for this development? What is okay? What's not okay? What will be in my sightline? They have the opportunity to create a neighborhood that would fit in with the existing neighborhoods. In my opinion, the two story walkout homes are not feasible here. I can only guess that with all of the work that has taken place so far, and all of the work to be done, these lots will be expensive. The young families that want the two story towers will not be able to afford to buy the lot and build their home. Older folks, empty nesters, will be able to afford to do this however, they do not want a big house with several sets of stairs to climb. Perhaps that is why the developers themselves are building slab on grade one story homes. I would like to see the new homes of this "executive" neighborhood be along the same lines as the neighborhood that went in a few years ago on Everton. This fits with the existing, established neighborhood. The property that the Dregson May folks have purchased is a rare gem. They will love it here! I would advise them to be careful, very, very, careful when they cut the facets of the gem so in the end it is a jewel and not just a stone. Sincerely, Barbara Proulx 5043 - 124th Street Court North 651-238-9745 July 14, 2021 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 121st Street and Acres Of Bald Eagle Utility and Street Improvements Order Improvement, Approve Plans and Specifications and Authorize the Advertisement for Bids WSB Project No. 018363-000 Dear Mayor and Council, Previously the Council had received the feasibility report and set the public hearing date for the 121st Street and Acres Of Bald Eagle Utility and Street Improvements between Everton Avenue and Falcon Avenue. Staff is requesting Council order the improvements, approve plans and specifications for the project and authorization to advertise for bids. Staff will place the advertisement for bids which is required to run for a minimum of 21 days. Plans and Specifications are available for your review at City Hall. Staff recommends approval of the resolution ordering the public improvements, approving plans and specifications and ordering advertisement for bids for the 121st Street and Acres Of Bald Eagle Utility and Street Improvements. If you have any questions or items you wish to discuss, you can contact me at 651-286-8463. Sincerely, WSB & Associates, Inc. Mark Erichson, PE City Engineer Attachment cc: Bryan Bear, City Administrator, City of Hugo Scott Anderson, Public Works Director, City of Hugo Liz Finnegan, Senior Engineering Technician, City of Hugo S:\Office_SHARED\Resolutions\2021 Resolutions\2021- Order Improvements for 121st St Acres of Bald Eagle.docx RESOLUTION NO. A RESOLUTION ORDERING THE PROJECT, APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 121ST STREET AND ACRES OF BALD EAGLE UTILITY AND STREET IMPROVEMENTS WHEREAS, pursuant to resolution of the Council adopted June 7, 2021, a feasibility report was prepared by WSB, with reference to the improvement of 121st Street from Everton Avenue to Falcon Avenue and The Acres Of Bald Eagle; and WHEREAS, it is proposed to construct new sanitary sewer, watermain, street, and to reconstruct the existing aggregate surfaced roadway with bituminous pavement; and WHEREAS, the City intends to assess benefited properties for all or a portion of the improvements as recommended in the feasibility report, pursuant to Minnesota Statutes, Chapter 429, and WHEREAS, the City Council has received and accepted the feasibility report prepared by the City Engineer on June 21, 2021, for the 121st Street and Acres Of Bald Eagle Improvements; and WHEREAS, a resolution of the City Council adopted on June 21, 2021, fixed a date for the Council public hearing on the proposed improvements; and WHEREAS, ten days' mailed notice and two weeks' published notice in advance of said public hearing was given and the hearing was held thereon July 19, 2021, at which time all persons desiring to be heard were given an opportunity to be heard thereon. NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUGO: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report for the 121st Street and Acres Of Bald Eagle Utility and Street Improvements. 2. Such improvement is hereby ordered as proposed in this Council resolution adopted July 19, 2021. 3. The improvements described in the notice of public hearing and the feasibility report are hereby designated and shall be known as the 121st Street and Acres Of Bald Eagle Utility and Street Improvements. 4. Plans and specifications prepared by the engineer for such improvement pursuant to council resolution, a copy of which are on file at City Hall, are hereby approved. 5. The City Clerk shall prepare and cause to be inserted in the official City newspaper and the Finance and Commerce an advertisement for bids upon the making of such improvement under such approved plans and specifications. 6. The City Council shall let the contract for all or part of the work for said improvements or order all or part of the work done by day labor or otherwise as authorized by Minnesota Statutes, Section 429.041, Subdivision 2 within one year of the date of this Resolution ordering said improvements. S:\Office_SHARED\Resolutions\2021 Resolutions\2021- Order Improvements for 121st St Acres of Bald Eagle.docx Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 1st day of March 2021. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk 934 9379399 3 8 931 936Freestanding Play (13+ years)HUGO LION'S PARKPHASE 213+ FITNESSHUGO, MNSALES REPRESENTATIVE: CHAD SIMICH DESIGNED BY: ELM 7/13/21 1/8" = 1'-0" FLAGSHIP RECREATION 11123 UPPER 33RD ST N LAKE ELMO, MN 55082 763-550-7860 FLAGSHIPPLAY.COM @FLAGSHIPPLAY THIS PLAY AREA & PLAY EQUIPMENT IS DESIGNED FOR AGE RANGES AS NOTED ON PLAN. SHEET LS101 C:\Users\Emily\Flagship Recreation\Flagship - Documents\2021 Planning\Chad\C_Hugo_Destination 2021\Design_Hugo Phase 2\Hugo Lions Phase 2 071321.dwgCONTAINER DETAILS TOTAL AREA 6795 SF TOTAL PERIMETER 527 LF EDGING TYPE CONCRETE WALK BY OTHERS TOTAL PIP 4153 SF Signed: President Date:01/01/2021 All the warranties commence on date of Manufacturer’s invoice. Should any failure to conform to the above express warranties appear within the applicable warranty period, Manufacturer shall, upon being notified in writing promptly after discovery of the defect and within the applicable warranty period, correct such nonconformity either by repairing any defective part or parts, or by making available a replacement part within 60 days of written notification. Manufacturer shall deliver the repaired or replacement part or parts to the site free of charge, but will not be responsible for providing labor or the cost of labor for the removal of the defective part or parts, the installation of any replacement part or parts or for disposal costs of any part or parts. Replacement parts will be warranted for the balance of the original warranty. THIS WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. The remedies hereby provided shall be the exclusive and sole remedies of the purchaser. Manufacturer shall not be liable for any direct, indirect, special, incidental or consequential damages. Manufacturer neither assumes nor authorizes any employee, representative or any other person to assume for Manufacturer any other liability in connection with the sale or use of the structures sold, and there are no oral agreements or warranties collateral to or affecting this agreement. The warranties stated above are valid only if the structures and/or equipment are erected in conformance with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc.; have been subjected to normal use for the purpose for which the goods were designed; have not been exposed to saltwater or salt spray; have not been subject to misuse, negligence, vandalism, or accident; have not been subjected to addition or substitution of parts; and have not been modified, altered, or repaired by persons other than Manufacturer or Manufacturer’s designees in any respect which, in the judgement of Manufacturer, affects the condition or operation of the structures. To make a claim, send your written statement of claim, along with the original job number or invoice number to: Landscape Structures Inc. 601 7th Street South, Delano, Minnesota, 55328-8605. Landscape Structures Inc. (“Manufacturer”) warrants that all playstructures and/ or equipment sold will conform in kind and in quality to the specifications manual for the products identified in the Acknowledgment of Order and will be free of defects in manufacturing and material. Manufacturer further warrants: 100-Year Limited Warranty On all PlayBooster® and PlayShaper® aluminum posts, stainless steel fasteners, clamps, beams and caps against structural failure due to corrosion/ natural deterioration or manufacturing defects, and on PlayBooster steel posts against structural failure due to material or manufacturing defects. 15-Year Limited Warranty On all Evos® and Weevos® steel arches, all plastic components (including TuffTimbers™ edging), all aluminum and steel components not covered above, Mobius® climbers, Rhapsody® Outdoor Musical Instruments, decks and TenderTuff™ coatings (except Wiggle Ladders, Chain Ladders and Swing Chain) against structural failure due to material or manufacturing defects. 10-Year Limited Warranty On concrete products against structural failure due to natural deterioration or manufacturing defects. Does not cover minor chips, hairline cracks or efflorescence. 8-Year Limited Warranty On Aeronet® climbers and climbing cables against defects in materials or manufacturing defects. 5-Year Limited Warranty On Rhapsody® cables and mallets against defects in materials or manufacturing defects, on polycarbonate panels against defects in materials or manufacturing defects, and on bamboo panels against delamination due to defects in materials or manufacturing defects. Does not cover damage which may be associated with the natural characteristics of bamboo aging, including but not limited to discoloration, splitting, cracking, warping or twisting, nor the formation of algae, mold and other forms of fungal-type bodies on bamboo. 3-Year Limited Warranty On all other parts, i.e.: Pulse® products, all swing seats and hangers, Mobius climber handholds, Wiggle Ladders, Chain Ladders and ProGuard™ Swing Chain, Track Ride trolleys and bumpers, all rocking equipment including Sway Fun® gliders, belting material, HealthBeat® resistance mechanisms, Seesaws, etc., against failure due to corrosion/ natural deterioration or manufacturing defects. The environment near a saltwater coast can be extremely corrosive. Some corrosion and/or deterioration is considered “normal wear” in this environment. Product installed within 500 yards (457 meters) of a saltwater shoreline will only be covered for half the period of the standard product warranty, up to a maximum of five years, for defects caused by corrosion. Products installed in direct contact with saltwater or that are subjected to salt spray are not covered by the standard warranty for any defects caused by corrosion. This warranty does not include any cosmetic issues or wear and tear from normal use of the product, or misuse or abuse of the product. It is valid only if the playstructures and/or equipment are erected to conform with Landscape Structures’ installation instructions and maintained according to the maintenance procedures furnished by Landscape Structures Inc. 2021 Play Equipment Warranty You have our word. Terms of Sale PRICING: Landscape Structures’ list prices do not include delivery and handling charges. Prices are subject to change without notice. TERMS: To tax-supported institutions and those with established credit: net 30 days from the date of the invoice. 1.5% per month thereafter; freight charges are prepaid and applied to the invoice. TAXES: Landscape Structures’ list prices do not include applicable taxes, if any. WEIGHTS: Weights are approximate and may vary. DELIVERY: If delivery of the equipment is by common carrier, and there is damage or a shortage, notify the carrier at once and sign delivery documents provided by the carrier noting the damage or shortage. Most products are delivered on large pallets and will require a forklift or similar equipment to unload as a unit on the site. INSTALLATION: All playstructures and/or equipment are delivered unassembled and packaged with recyclable materials. For a list of factory-certified installers in your area, please contact your Landscape Structures playground consultant. SERVICE: We have knowledgeable, qualified playground consultants throughout the world who are available to help you before, during and after the sale. Landscape Structures has exclusive design software that features all of our parts and pieces in pull-down menus. With this software, your playground consultant can design a playground layout that meets not only your needs, but ASTM and CPSC standards as well. In addition, we have a full staff of CPSI-certified designers, along with 2D and 3D drawing capabilities and custom capabilities to assist you with your playground plans. RETURN POLICY: As an indication of our commitment to our customers, Landscape Structures will accept returns of new structures and/or new equipment purchased within 60 days of the original invoice date. Advance notification is necessary to ensure proper credit. Parts not included in this return policy are custom parts (including PlayShaper® posts), as well as used or damaged parts. A 20% restock fee plus all return freight charges will apply to all product returns. NOTE: All parts are subject to inspection upon return. Parts returned damaged may not receive a full credit. For this reason, it is important that all returned parts are properly packaged to prevent damage while in transit. Please contact your Landscape Structures playground consultant for the shipping address. PRODUCT CHANGES: Because of our commitment to safety, innovation, and value, we reserve the right to change specifications at any time. PLEASE CONTACT US AT: Landscape Structures Inc. 601 7th St. South Delano, MN 55328-8605 888.438.6574 (inside the U.S.A.) 763.972.5200 (outside the U.S.A.) playlsi.com 601 7th Street South • Delano, MN 55328-8605 • 888.438.6574 • 763.972.5200 • Fax 763.972.3185 • playlsi.com #282907 ©2021 Landscape Structures Inc Printed in the U.S.A. All rights reserved. #765-2125 Date Expires Quote: Contact: Phone: Email: Ship To:Please Make PO's & Contracts Out To: Hugo Lion's Park Phase 2 5524 Upper 146th St N Hugo MN 55038 Bill To:Please Remit Payment To: QTY ITEM #UNIT PRICE EXT. PRICE 1 $64,242.00 1 6.00%($3,854.52) Subtotal $60,387.48 Freight $700.00 Sales Tax Tax Exempt Cert Total $61,087.48 Page 1 of 2 Quotes from Landscape Structures, Inc. are subject to current Landscape Structures, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Landscape Structures, Inc. Minnesota State Contract #119795 *Terms: Net 30 days; 1.5% finance charge on balances over 30 days State Contract Discount Landscape Structures 601 7th St. S Delano, MN 55328 Hugo City Hall: Attention Parks & Recreation Landscape Structures, Inc. 14669 Fitzgerald Ave N, SDS 12-0395 PO Box 86 Hugo, MN 55038 Minneapolis, MN 55486-0395 We are pleased to submit this proposal to supply the following products/services: 7/14/2021 8/13/2021 Hugo Destination Phase 2 Shayla Denaway 651-762-6300 sdenaway@ci.hugo.mn.us Description Design - Hugo Lion's Phase 2 - Fitness + We-Saw Date Expires Quote: Contact: Phone: Email: Ship To:Please Make PO's & Contracts Out To: Hugo Lion's Park Phase 2 5524 Upper 146th St N Hugo MN 55038 Bill To:Please Remit Payment To: QTY ITEM #UNIT PRICE EXT. PRICE 1 $24,627.76 1 $550.00 215 Class V or Recycled Concrete (PIP base), Installation & Compaction $12,383.02 - Includes Material (215 Tons) & Installation 4153 $127,641.37 Color: Green 1853 Additional PIP for Swing Area (Phase 1)$25,315.79 Aliphatic Binder (10 Yr) 50% Color / 50% Black Color: Hunter Green Subtotal $190,517.93 Freight $0.00 Sales Tax Tax Exempt Cert Total $190,517.93 tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Flagship Recreation, Inc. Minnesota State Contract #119795 *Terms: Net 30 days; 1.5% finance charge on balances over 30 days Page 1 of 2 Quotes from Flagship Recreation, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a Surface America Artificial Turf (4153 Sq. Ft.) Dumpster (disposal of packaging material & construction debris) Pile Height: 1 1/4" +/- 1/4" Flagship Recreation 11123 Upper 33rd St. N Lake Elmo, MN 55042 Hugo City Hall: Attention Parks & Recreation Flagship Recreation 14669 Fitzgerald Ave N, 11123 Upper 33rd St. N Hugo, MN 55038 Lake Elmo, MN 55042 We are pleased to submit this proposal to supply the following products/services: 7/15/2021 8/14/2021 Hugo Destination Phase 2 Surfacing Opt 2 Shayla Denaway 651-762-6300 sdenaway@ci.hugo.mn.us Description Installation by Landscape Structures Certified Installers Terms & Conditions - Bonding of Any Type Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Accepted By (Print) Email: Purchase Amount: Title:Phone: Date: $190,517.93 - Private Utility Locates (irrigation, low voltage, lighting, etc.) - Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. - Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) - Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) - Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space - Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Exclusions (Unless Specifically Quoted): - Accepting & Unloading of Order Prior to Installation - Storage or Security of Equipment - Standard Insurance Offer (Detail Provided Upon Request) Page 2 of 2 the progress or completion of the project as quoted will result in additional charges. Acceptance of Quotation: Shayla Denaway PO#: Signature:sdenaway@ci.hugo.mn.us - Removal of Existing Play Equipment, Border or Safety Surfacing Material - Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. - Border for Play Space - Permits of Any Kind Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede - Standard Warranty Offer (Detail Provided Upon Request) - Standard Wage Rates - Unpacking of Play Equipment - Assembly of Play Equipment - Placing, Digging or Surface Mounting Equipment (as specified) - Concrete for Play Equipment Footings Project Scope (This Section For Quotes Including Installation) Inclusions: - One Mobilization - Public Utility Locates completed after this date are subject to price change. Responsibility: Flagship Recreation shall be responsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2021. Contracts Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous Date Expires Quote: Contact: Phone: Email: Ship To:Please Make PO's & Contracts Out To: Hugo Lion's Park Phase 2 5524 Upper 146th St N Hugo MN 55038 Bill To:Please Remit Payment To: QTY ITEM #UNIT PRICE EXT. PRICE 1 $24,627.76 1 $550.00 215 Class V or Recycled Concrete (PIP base), Installation & Compaction $12,383.02 - Includes Material (215 Tons) & Installation 4153 $83,890.60 50% Color / 50% Black 1853 Additional PIP for Swing Area (Phase 1)$25,315.79 Aliphatic Binder (10 Yr) 50% Color / 50% Black Color: Hunter Green Subtotal $146,767.16 Freight $0.00 Sales Tax Tax Exempt Cert Total $146,767.16 7/15/2021 8/14/2021 Hugo Destination Phase 2 w/Addt'l Swing PIP Shayla Denaway 651-762-6300 sdenaway@ci.hugo.mn.us Description Installation by Landscape Structures Certified Installers Color: Hunter Green Aliphatic Binder (10 Yr) Flagship Recreation 11123 Upper 33rd St. N Lake Elmo, MN 55042 Hugo City Hall: Attention Parks & Recreation Flagship Recreation 14669 Fitzgerald Ave N, 11123 Upper 33rd St. N Hugo, MN 55038 Lake Elmo, MN 55042 We are pleased to submit this proposal to supply the following products/services: Quotes from Flagship Recreation, Inc. are subject to current Flagship Recreation, Inc. policies as well as Terms & Conditions, Inclusions & Exclusions outlined below unless noted otherwise on this quote. Changes are subject to price adjustment. Sales tax, if applicable, will be applied unless a Poured In Place (4153 Sq. Ft.) Dumpster (disposal of packaging material & construction debris) tax-exempt certificate is provided at the time of order entry. Customer deposits, if required, must be received before orders will be entered & installation scheduled. Purchases in excess of $1,000.00 must be supported by a formal Purchase Order made out to Flagship Recreation, Inc. Minnesota State Contract #119795 Terms & Conditions - Bonding of Any Type Please note, quotes including installation are based on site access and site conditions that have been conveyed to Flagship Recreation by the owner/owner's representative and based on ideal conditions required to complete the project as quoted. Accepted By (Print) Email: Purchase Amount: Contract: Seller's Copy of signed quote represents the contract between Seller and Buyer. This form supersedes all previous communications and negotiations and constitutes the entire agreement between the parties. Any changes to this contract are not binding unless jointly agreed in writing via Change Order. Quantity: The quantity of merchandise and/or material to be delivered and/or installed shall not vary from the amount specified unless a different amount is first agreed to via Change Order. Changes are subject to price adjustment. Pricing: Pricing is F.O.B factory. Current year pricing is honored on contracts completed prior to December 3, 2021. Contracts *Terms: Net 30 days; 1.5% finance charge on balances over 30 days Page 1 of 2 Project Scope (This Section For Quotes Including Installation) Inclusions: - One Mobilization - Public Utility Locates completed after this date are subject to price change. Responsibility: Flagship Recreation shall be responsible for any loss or damage to merchandise until delivered to Buyer at F.O.B destination point. Buyer is responsible for loss or damage thereafter. Inspection: Merchandise shall be subject to Buyer's inspection within a reasonable time after the arrival at the ultimate destination. Upon inspection, it is the Buyer's responsibility to notify Flagship Recreation if merchandise does not meet requirements of the order. - Standard Warranty Offer (Detail Provided Upon Request) - Standard Wage Rates - Unpacking of Play Equipment - Assembly of Play Equipment - Placing, Digging or Surface Mounting Equipment (as specified) - Concrete for Play Equipment Footings Page 2 of 2 the progress or completion of the project as quoted will result in additional charges. Acceptance of Quotation: Shayla Denaway PO#: Signature:sdenaway@ci.hugo.mn.us - Removal of Existing Play Equipment, Border or Safety Surfacing Material - Site Work of Any Kind. Exclusions include, site grading (owner to provide max slope of 1%), site restoration, drainage, etc. - Border for Play Space - Permits of Any Kind Unless addressed prior to the installation quote being issued or specifically documented herein, any issues encountered that impede Title:Phone: Date: $146,767.16 - Private Utility Locates (irrigation, low voltage, lighting, etc.) - Additional Labor Due to Site Access. Require 8' Wide Clearance from Staging Area to Play Space. - Additional Labor and/or Related Costs Due to Subsurface Conditions (Rock, Hardpan, Heavy Clay, Ground Water, etc.) - Additional Labor and/or Related Costs Due to Working in Unstable Soils (Sand, Pea Rock, Mud, Poor Site Drainage, etc.) - Offsite Removal of Spoils From Footing Holes or Other Excavation. Can be stockpiled for owner removal or left in play space - Disposal of Packing Material. Can be Stockpiled for Owner Removal or Deposited in Owners Onsite Dumpster Exclusions (Unless Specifically Quoted): - Accepting & Unloading of Order Prior to Installation - Storage or Security of Equipment - Standard Insurance Offer (Detail Provided Upon Request) Q U O T E JSKRQ2620 Created: 06/14/21 Expires: 08/13/21 T. 651-227-8461 F. 651-310-12961 Water St West, Suite 110, St Paul, Minnesota 55107 Prepared For:Prepared By: City of Hugo - LionS Park Project 14669 Fitzgerald Ave N Hugo MN 55038 John Jantzer VP/Account Representative 651-310-1257 jjantzer@electrowatchman.com Shayla Denaway (651) 762-6342 SDenaway@ci.hugo.mn.us Project Scope: Electro Watchman to provide and install access control and camera systems as part of a new building project at Lions Park Building. See options for additional details. Unit Price Ext. PriceQtyDescription section heading $26,360.95Access Control System Options: 1 $26,360.95S2 Access Control System Expansion To 12 Door Locations at Lions Park Building: (Optional - SELECTED) (1) ACCESS CONTROLLER - WALL, 1X 2-READER BOARD (7 MAX) (5) ACCESS CONTROL APPLICATION EXTENSION BLADE WITH SUPPORT FOR 2 READERS, 4 IN/4 OUT (1) POWER SUPPLY, 10 AMP 24VDC, 16 OUT (12) CARD READER - MULTICLASS /MOBILE (31) RECESSED DOOR CONTACTS (2) ADVANCED LOGIC RELAY CABLE - 18/2 CMP CABLE - 22/6 OAS CMP CABLE - 22/4 CMP (SOLID) MISC MATERIALS INSTALLATION LABOR Comment Line inside a Group w/o pictureProvide and install S2 Systems access control expansion from City Hall server to new Lions shelter building. Install new node controller connected to City Hall access control server in mechanical room with cabling to each access control door location. Door contractor to provide and install electric locking hardware. Electrical contractor to provide rough-ins for devices and doors. Electro Watchman provides card reader, cable, power supply, door contacts, auto door operator relays and final termination of all devices. Comment Line inside a Group w/o pictureOwner provides building data network with adequate connection to city's internal network, network switch hardware with POE+ (IEEE 802.3at standard), network configuration/IP addresses, and data network cabling between Lions Park Building and City Hall. Comment Line inside a Group w/o pictureAccess control door locations - 100a, 101, 102, 105, 106f, 106k, 108, 109, 111, 112, 113a, and 114 Comment Line inside a Group w/o pictureAll rough-ins provided by electricial contractor. Comment Line inside a Group w/o pictureCable access control system cabling from two door locations without current access control hardware to mechanical room for future system expansion (Doors 106i and 106j) Comment Line inside a Group w/o pictureElectro Watchman to provide and connect magnetic door contacts on all exterior doors shown on plans with cables pulled to mechanical room for future intrusion alarm system. section heading $47,213.17Avigilon Camera System Options: Page 1 of 5Created on 06/16/21 15:17:18 by jjantzer Unit Price Ext. PriceQtyDescription 1 $18,596.25Purchase and Installation of New IP Camera Surveillance System with 5 HD Cameras for Lion's Park Building and Surrounding Areas: (Optional - SELECTED) (1) NVR4 VALUE 16TB; 1U RACK MOUNT; WINDOWS 10; NA (1) UPS, 1500VA, SMART, RACK/TOWER, LCD. (1) 4U VERTICAL RACK, TAPPED RAILS, (1) 10-32 RACK SCREWS, W/WASHERS, (1) WALL MOUNT HARDWARE KIT (1) PATCH PANEL, CAT6, 16-PORT, UTP, IU (5) ACC 7 STANDARD CAMERA CHANNEL (1) 12.0 MP; FISHEYE DOME CAMERA; DAY/NIGHT; WDR; 1.6MM F/2.0; NEXT-GENERATION ANALYTICS; INTEGRATED IR (2) 3X 8 MP; WDR; LIGHTCATCHER; 4MM; CAMERA ONLY (2) OUTDOOR SURFACE MOUNT ADAPTER (2) OUTDOOR DOME COVER (2) 5.0 MP; WDR; LIGHTCATCHER; DAY/NIGHT; OUTDOOR DOME; 3.1-8.4MM F/1.6; INTEGRATED IR (1) WALL ENCLOSURE FIBER 2-PANEL SINGLE DOOR (1) BLANK ADAPTER PANEL BLACK (1) ADAPTER PANEL 3 QUAD LC 12F BEIGE MM (1) FIBER ENCLOSURE GROMMET 025.44MM (1) FUSECONNECT LC PC MM 50UM 10 GIG 900UM AQUA 6PK (1) FIBER OPTIC PATCH CORD - 10GB MMF FBR 50/125 OM3 LSZH LC/LC AQ 3 LIFT RENTAL MISC MATERIALS CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureElectro Watchman to provide purchase and installation of new Avigilon security camera system for Lions Park Building, Surrounding Areas, and with ability to add cameras at City Hall location in future. Install new Avigilon network server in City Hall server room with data connections provide by owner to Lions Park Building. Install surround-view fisheye camera in Lions Park lobby/hall, dome camera in community room, outdoor dome on canopy viewing west side of building, 270 degree surround-view on northwest corner canopy and another on east side canopy. Install data network cable, cameras, and recorder. Install fiber optic cable patch panel for connection to exterior pole cameras (options). Comment Line inside a Group w/o pictureOwner provides building data network with adequate connection to city's internal network, network switch hardware with POE+ (IEEE 802.3at standard), network configuration/IP addresses, and data network cabling between Lions Park Building and City Hall. Comment Line inside a Group w/o pictureAll rough-ins provided by electricial contractor. 1 $932.90ADD OPTION - Indoor Servery Camera (Optional - SELECTED) (1) 3.0 MP; WDR; LIGHTCATCHER; DAY/NIGHT; OUTDOOR DOME; 3.1-8.4MM F/1.6; IR (1) ACC 7 STANDARD CAMERA CHANNEL MISC MATERIALS CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureProvide and install an additional camera location inside servery area viewing inside and exterior window. Page 2 of 5Created on 06/16/21 15:17:18 by jjantzer Unit Price Ext. PriceQtyDescription 1 $4,601.73ADD OPTION - Install 180 Degree Multi-Sensor Surround View Camera on Pole Near Dumpster Area Southwest of Building: (Optional - SELECTED) (1) 3X 8 MP; WDR; LIGHTCATCHER; 5.2MM; CAMERA ONLY (1) ACC 7 STANDARD CAMERA CHANNEL (1) PEDANT NPT ADAPTER (1) OUTDOOR DOME COVER (1) OUTDOOR PENDANT MOUNT ADAPTER (1) POLE MOUNT ADAPTER (1) GIGABIT POE+ MEDIA CONVERTER, 1 X (1) SFP MINI-GBIC, 1000 BASE (1) HINGED OUTDOOR-ENCLOSURE W/BACKPANEL (2) FIBER OPTIC PATCH CORD - 10GB MMF FBR 50/125 OM3 LSZH LC/LC AQ 3 LIFT RENTAL MISC MATERIALS FIBER CABLE - OM3, 4 STRAND, PLENUM CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureAdd an additional 4x 8 megapixel 180 degree surround view camera installation to system to view south side parking lot and surrounding area from light pole near dumpster area southwest of Lions Park Building. The intent is to provide high quality general view information of the surrounding area. This option includes camears located on the northeast and southwest light poles in corners of parking area. Work includes fiber optic cable installation to pole, pole enclosure with media converter, cabling, and camera. Rough-in, ground conduit, and 120v power at pole provided by others Comment Line inside a Group w/o pictureElectrician provides constant 120v power at the pole and all rough in conduit in ground and pole. 1 $10,016.69ADD OPTION - Install 360 Degree Multi-sensor Surround View Camera on Northeast and Southwest Parking Lot Poles: (Optional - SELECTED) (2) 4X 8 MP; WDR; LIGHTCATCHER; 4MM; CAMERA ONLY (2) ACC 7 STANDARD CAMERA CHANNEL (2) PEDANT NPT ADAPTER (2) OUTDOOR DOME COVER (2) OUTDOOR PENDANT MOUNT ADAPTER (2) POLE MOUNT ADAPTER (2) GIGABIT POE+ MEDIA CONVERTER, 1 X (2) SFP MINI-GBIC, 1000 BASE (2) HINGED OUTDOOR-ENCLOSURE W/BACKPANEL (4) FIBER OPTIC PATCH CORD - 10GB MMF FBR 50/125 OM3 LSZH LC/LC AQ 3 (1) FUSECONNECT LC PC MM 50UM 10 GIG 900UM AQUA 6PK LIFT RENTAL MISC MATERIALS FIBER CABLE - OM3, 4 STRAND, PLENUM CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureAdd two additional 4x 8 megapixel 360 degree surround view cameras installation to system to view main parking lot from light poles surrounding parking lot east of new Lions Park Building. The intent is Page 3 of 5Created on 06/16/21 15:17:18 by jjantzer Unit Price Ext. PriceQtyDescription to provide high quality general view information of the surrounding area. This option includes camears located on the northeast and southwest light poles in corners of parking area. Work includes fiber optic cable installation to pole, pole enclosure with media converter, cabling, and camera. Rough-in, ground conduit, and 120v power at pole provided by others Comment Line inside a Group w/o pictureElectrician provides constant 120v power at the pole and all rough in conduit in ground and pole. 1 $9,030.69ADD OPTION - Install 360 Degree Multi-sensor Surround View Camera on Northwest and Southeast Parking Lot Poles: (Optional - SELECTED) (2) 4X 8 MP; WDR; LIGHTCATCHER; 4MM; CAMERA ONLY (2) ACC 7 STANDARD CAMERA CHANNEL (2) PEDANT NPT ADAPTER (2) OUTDOOR DOME COVER (2) OUTDOOR PENDANT MOUNT ADAPTER (2) POLE MOUNT ADAPTER (2) GIGABIT POE+ MEDIA CONVERTER, 1 X (2) SFP MINI-GBIC, 1000 BASE (2) HINGED OUTDOOR-ENCLOSURE W/BACKPANEL (4) FIBER OPTIC PATCH CORD - 10GB MMF FBR 50/125 OM3 LSZH LC/LC AQ 3 (1) FUSECONNECT LC PC MM 50UM 10 GIG 900UM AQUA PACK 6 MISC MATERIALS FIBER CABLE - OM3, 4 STRAND, PLENUM CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureAdd two additional 4x 8 megapixel 360 degree surround view cameras installation to system to view main parking lot from light poles surrounding parking lot east of new Lions Park Building. The intent of these cameras is to provide high qualtiy general view informaiton of the surrounding area. This option includes camears located on the northwest and southeast light poles in corners of parking area. Work includes fiber optic cable installation to pole, pole enclosure with media converter, cabling, and camera. Rough-in, ground conduit, and 120v power at pole provided by others Comment Line inside a Group w/o pictureElectrician provides constant 120v power at the pole and all rough in conduit in ground and pole. 1 $4,034.91ADD OPTION - Install Two 5 Megapixel Zoom Lens Fixed Cameras Viewing Fitzgerald Ave from Northeast and Southeast Parking Lot Poles (requires multisensor camera option): (Optional - SELECTED) (2) 5.0 MP; WDR; LIGHTCATCHER; DAY/NIGHT; INDOOR/OUTDOOR BULLET CAMERA; 9.5-31MM F/1.4; INTEGRATED IR (2) ACC 7 STANDARD CAMERA CHANNEL (2) 5-PORT INDUSTRIAL FAST ETHERNET POE+ DIN-RAIL SWIT (2) DIN RAIL 48V 120W POWER SUPPLY (2) POLE MOUNT ADAPTER (2) JUNCTION BOX LIFT RENTAL MISC MATERIALS CABLE - CAT6 PLEN. INSTALLATION LABOR Comment Line inside a Group w/o pictureAdd two additional zoom fixed lens cameras to system installation viewing main street access to parking lot from light poles surrounding parking lot east of new Lions Park Building from northeast and southeast light poles in corners of parking area. The intent of these cameras is to provide specific vehicle information. Work includes fiber optic cable installation to pole, pole enclosure with media converter, cabling, and camera. Rough-in, ground conduit, and 120v power at pole provided by others Page 4 of 5Created on 06/16/21 15:17:18 by jjantzer Unit Price Ext. PriceQtyDescription Comment Line inside a Group w/o pictureElectrician provides constant 120v power at the pole and all rough in conduit in ground and pole. Additional Notes: A one year warranty applies to Electro Watchman installed equipment and workmanship. No warranty on existing cabling or equipment installed by others. 50% down-payment due upon acceptance. Remaining 50% and applicable sales tax due at completion. Installation includes equipment, installation labor, cabling, system setup and training. Owner responsible for data network ip addresses, wired routing & switch ports, equipment and internet service as required. Owner responsible for customer delays during installation. Locked doors, unavailable staff, inaccessible work areas, etc will be billed at additional standard labor rates. Installation to be conducted during normal business hours. Night, weekend or holiday work will be billed at additional overtime rate. Grand Total $73,574.12 Deposit Required $36,787.06 Page 5 of 5Created on 06/16/21 15:17:18 by jjantzer Memo To: Bryan Bear and Anna Wobse, City of Hugo Members of the City Council From: Mikaela Huot, Director Date: July 15, 2021 Subject: Tax Abatement for Lions Park Improvement At the Monday, July 19 meeting, the City Council is being asked to hold a public hearing regarding the establishment of a tax abatement area for financing of public improvements to Lions Park and other related public improvements. The City proposes to use the abatement for the purposes provided for in the Abatement Law. The proposed term of the abatement will be for up to twenty (20) years in an amount not to exceed $9,000,000. The abatement will apply to the City's share of the property taxes derived from the property described by tax parcel identification number included in the adopting resolution (as attached). Tax abatement is a tool that communities use for financing of improvements to private property, for financing or providing public infrastructure, acquiring or constructing public facilities (including parks and recreation and community centers) and for phasing in property tax increase/equalization of property. The City is proposing to use the abatement for construction of public facilities, namely park and related improvements. The tax abatement is adopted by resolution by the City Council following a public hearing that was noticed more than 10 and less than 30 days prior. The properties included within the abatement have been identified as those that may ‘benefit’ from the improvements and will continue to pay taxes like all other properties within the City. The City will use its share of property taxes on the abatement properties for repayment of debt service on the bonds issued to finance the park and related improvements. Prior to approving a tax abatement, the City makes a finding that it expects benefits of the proposed abatement to at least equal the costs to the political subdivision of the proposed abatement and doing so is in the public interest because it will: • increase or preserve tax base • provide employment opportunities in the political subdivision • provide or help acquire or construct public facilities • help redevelop or renew blighted areas • help provide access to services for residents of the political subdivision • finance or provide public infrastructure Thank you for the opportunity to be of assistance to the City of Hugo. Please contact me at 651-223-3036 or Mikaela.Huot@bakertilly.com with any questions or to discuss. 13510929v1 EXTRACT OF MINUTES OF A MEETING OF THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA HELD: JULY 19, 2021 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Hugo, Washington County, Minnesota, was duly called and held at the City Hall in Hugo, Minnesota, on July 19, 2021, at 7:00 p.m., for the purpose, in part, of approving tax abatements in connection with improvements to the Lions Park and related public improvements in the City. The following members were present: and the following were absent: Member ______________________ introduced the following resolution and moved its adoption: RESOLUTION NO. _________ RESOLUTION APPROVING PROPERTY TAX ABATEMENTS BE IT RESOLVED by the City Council of the City of Hugo, Minnesota (the "City"), as follows: WHEREAS, the City proposes to approve tax abatements in connection with public improvements to the Lions Park and related public improvements in the City (the "Project"). The City proposes to use the abatement for the purposes provided for in the Abatement Law (as hereinafter defined), including the Project. The proposed term of the abatement will be for up to twenty (20) years in an amount not to exceed $9,000,000. The abatement will apply to the City's share of the property taxes (the "Abatement") derived from the property described by tax parcel identification numbers on the attached “Exhibit A” (the “Property”) located in the City and in Washington County; and WHEREAS, the City has requested, in writing, that Independent School District No. 624 (the “White Bear Lake Area School District”) grant an abatement for the Project. The White Bear Lake Area School District has declined, in writing, to grant an abatement and therefore the City has the authority to grant an abatement for up to 20 years; and WHEREAS, on the date hereof, the Council held a public hearing on the question of the Abatement, and said hearing was preceded by at least 10 days but not more than 30 days prior published notice thereof; and WHEREAS, the City Council proposes to issue its General Obligation Tax Abatement Bonds, Series 2021A (the "Bonds") in an amount not to exceed $9,000,000 to finance the Project; and the Abatement will be pledged to the payments of the Bonds; and 13510929v1 2 WHEREAS, the Abatement is authorized under Minnesota Statutes, Sections 469.1812 through 469.1815, as amended (the "Abatement Law"). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hugo, Minnesota, as follows: 1. Findings for the Abatement. The City Council hereby makes the following findings: (a) The Council expects the benefits to the City of the Abatement to at least equal or exceed the costs to the City thereof. (b) Granting the Abatement is in the public interest because it will: (i) provide or help acquire or construct public facilities; (ii) help provide access to services for residents of the political subdivision; and (iii) finance or provide public infrastructure. (c) The Property is not and will not be located in a tax increment financing district during the Abatement period. (d) In any year, the total amount of property taxes abated by the City by this and other existing abatement resolutions, shall not exceed ten percent (10%) of net tax capacity of the City for the taxes payable year to which the abatement applies or $200,000, whichever is greater (the "Abatement Limit"). The City may grant other abatements permitted under the Abatement Law after the date of this resolution, provided that to the extent the total abatements in any year exceed the Abatement Limit the allocation of the Abatement limit to such other abatements is subordinate to the Abatement granted by this resolution. 2. Terms of Abatement. The Abatement is hereby approved. The terms of the Abatement are as follows: (a) The Abatement shall be for up to a twenty (20) year anticipated to commence for the taxes payable in the year 2022. The City reserves the right to modify the commencement date, but the abatement period shall not exceed twenty (20) years. (b) In accordance with Section 469.1815 of the Act, the City will add to its levy in each year during the term of the Abatement the total estimated amount of current year Abatement granted under this resolution. (c) The City will abate the City's share of property tax amount which the City receives from the Property, cumulatively not to exceed $9,000,000. 13510929v1 3 (d) The Abatement shall be subject to all the terms and limitations of the Abatement Law. (e) Because the City anticipates issuing General Obligation Tax Abatement Bonds, the Abatement may not be modified or changed. This resolution shall become effective immediately upon its passage and without publication. Passed this 19th day of July, 2021 _______________________________________ /s/ Tim Weidt Mayor _______________________ ATTEST: /s/ Michele Lindau City Clerk The motion for the adoption of the foregoing resolution was duly seconded by Member _____________________________ and, after a full discussion thereof and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: 13510929v1 4 STATE OF MINNESOTA COUNTY OF WASHINGTON CITY OF HUGO I, the undersigned, being the duly qualified and acting City Clerk of the City of Hugo, Washington County, Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of minutes with the original thereof on file in my office, and that the same is a full, true and complete transcript of the minutes of a meeting of the City Council of said City, duly called and held on the date therein indicated, insofar as such minutes relate to the approval of property tax abatements. WITNESS my hand this 19h day of July, 2021. ___________________________________ City Clerk 13510929v1 EXHIBIT A Abatement Parcels 1703121240064 1703121240034 1703121210054 1703121240047 1703121240026 1703121210028 1703121220048 1703121240063 1703121240014 1703121210020 1703121240060 1703121240025 1703121220041 1703121220035 1703121240061 1703121230002 1703121210053 1703121240050 1703121240024 1703121220051 1703121210016 1703121240051 1703121240035 1703121210021 1703121240049 1703121230010 1703121210035 1703121210056 1703121240054 1703121230008 1703121210052 1703121240059 1703121230005 1703121210047 1703121220027 1703121240053 1703121240015 1703121210022 1703121230023 1703121230041 1703121210036 1703121210010 1703121240031 1703121240036 1703121210023 1703121240030 1703121230042 1703121220006 1703121220009 1703121240052 1703121240037 1703121210051 1703121230011 1703121230040 1703121210046 1703121220023 1703121240011 1703121130013 1703121210024 1703121240058 1703121230043 1703121210037 1703121210013 1703121240039 1703121240038 1703121210050 1703121240057 1703121220053 1703121220050 1703121220028 1703121240040 1703121220045 1703121210049 1703121230012 1703121210031 1703121210038 1703121210011 1703121240065 1703121130014 1703121210025 1703121240056 1703121220054 1703121220040 1703121210012 1703121240007 1703121210002 1703121240048 1703121230013 1703121210032 1703121120010 1703121220022 1703121230035 1703121220044 1703121230025 1703121240029 1703121220043 1703121220039 1703121220046 1703121240008 1703121220059 1703121230024 1703121230038 1703121210030 1703121220038 1703121220029 1703121230036 1703121120007 1703121230032 1703121230021 1703121210043 1703121210006 1703121220032 1703121240009 1703121210003 1703121240041 1703121230014 1703121210042 1703121210008 1703121220012 1703121230037 1703121120008 1703121230031 1703121240028 1703121210033 1703121220049 1703121220031 1703121240010 1703121210004 1703121240042 1703121230020 1703121220052 1703121220037 1703121220030 1703121230022 1703121120009 1703121230030 1703121240021 1703121220058 1703121210007 1703121220013 1703121240055 1703121210040 1703121240043 1703121230019 1703121220055 1703121210015 1703121220014 1703121230009 1703121210027 1703121230029 1703121240027 1703121210044 1703121220036 1703121220015 1703121130012 1703121210048 1703121240044 1703121230015 1703121220042 1703121210009 1703121220016 1703121240032 1703121220005 1703121240066 1703121240019 1703121210029 1703121220025 1703121220021 1703121240012 1703121210059 1703121240062 1703121240020 1703121210041 1703121210057 1703121220020 1703121230018 1703121210018 1703121230033 1703121240022 1703121220057 1703121210058 2003121230056 1703121240033 1703121220034 1703121230027 1703121230006 1703121210034 1703121220007 2003121220006 1703121240018 1703121210055 1703121240045 1703121230004 1703121210005 1703121220026 1703121220019 1703121240013 1703121210019 1703121230028 1703121230003 1703121210045 1703121210017 1703121220018 1703121230017 1703121220011 1703121230034 1703121230016 1703121220056 1703121220024 1703121220017 1703121240017 1703121220033 1703121240046 1703121230007 1703121210026 1703121210014 1703121240016 1703121220047 1703121230026 1703121240023 1703121210039 1703121220008 June 25, 2021 Office of Administration Kevin Corbid, County Administrator Jan Lucke, Deputy Administrator Jennifer Wagenius, Deputy Administrator TO: Grant Oak Park Heights May Township Hugo Stillwater Stillwater Township Lake Elmo Baytown Township The term of office for Craig Lesier, with the Brown's Creek Watershed District, expired on June 6, 2021. Minnesota Statute 103D.311 provides that the County Board will select watershed district managers from a list of nominees submitted by the municipalities that are wholly or partially within the watershed district. The lists submitted, either together or separately, by the municipalities will be provided to the county board. If the list submitted to the county board contains at least 3 names, the county board must either choose a nominee on the list, if it chooses a person who resides in any of the municipalities that provided a list, or choose a person that resides from a municipality that did not provide a list. The statute asks that lists be submitted to the county at least 60 days prior to the expiration of the term of office of a manager. The county board shall make its appointment 30 days prior to the term expiration. The statute directs the county board to appoint managers to fairly represent the various hydrologic areas within the watershed district by residence of the manager appointed. If you wish to submit a list of nominees for consideration or wish the incumbent to be considered for reappointment, your joint or separate list should be sent to me prior to September 23, 2021. The county's advisory board application form is attached. Please duplicate it as necessary. Thank you for your assistance in filling this important watershed position. Sincerely, Alyssa Soderlund Administrative Assistant 14949 62nd Street North Stillwater, MN 55082 Cc: County Board of Commissioners Kevin Corbid, County Administrator Stephanie Souter, Public Health Program Supervisor, Public Health & Environment Maureen Hoffman, Planner II, Public Health & Environment Karen Kill, Brown's Creek Watershed Administrator Dan Fabian, Board of Water and Soil Resources Government Center • 14949 62nd Street North • P. O. Box 6 • Stillwater, MN 55082-0006 Telephone: 651-430-6001 • Fax: 651-430-6017 • TTY: 651-430-6246 www.co.washington.mn.us Washington County is an equal opportunity organization and employer INSTRUCTIONS: APPLICATION FOR APPOINTMENT TO WATERSHED DISTRICT Browns Creek Watershed District Watershed Districts Brown’s Creek Carnelian-Marine- St. Croix Comfort Lake-Forest Lake Ramsey-Washington Metro Rice Creek South Washington Valley Branch 1. Write the name of the Watershed District you are applying for in the space above. 2. All applicants will be interviewed by the County Board of Commissioners. 3. Review and Read the Notice of Rights Identified on the back of this form. (Please Print) NAME: Last First Middle ADDRESS: Street City State Zip TELEPHONE: Home Business FAX NO: E-MAIL ADDRESS: IF YOU RESIDE IN A TOWNSHIP, PLEASE LIST: ARE YOU ABLE TO ATTEND REGULARLY SCHEDULED MEETINGS HELD THE SECOND AND FOURTH WEDNESDAY OF EVERY MONTH AT 6:30 P.M? LIST EXPERIENCE, EDUCATION OR SKILLS THAT YOU HAVE THAT WOULD RELATE TO THE RESPONSIBILITIES OF A WATERSHED DISTRICT MANAGER: AVAILABILITY: WOULD YOU BE ABLE TO ATTEND REGULAR WATERSHED DISTRICT MEETINGS AND TAKE AN ACTIVE ROLE ON THE BOARD OF MANAGERS? ELIGIBILITY: DO YOU HOLD ANY ELECTED OFFICE, OR ANY APPOINTED POLICY-MAKING POSITION WITH THE COUNTY, STATE, OR FEDERAL GOVERNMENT? IF SO, PLEASE DESCRIBE: ORGANIZATIONAL EXPERIENCE: PLEASE DESCRIBE ANY EXPERIENCE YOU HAVE IN SUPPORTING OR DIRECTING A COMMITTEE, ASSOCIATION, BOARD, COOPERATIVE, COMMISSION, CLUB, OR OTHER GROUP: NATURAL RESOURCES BACKGROUND: PLEASE DESCRIBE ANY INVOLVEMENT OR SPECIAL INTEREST YOU HAVE HAD IN WATER, SOIL, FISH AND WILDLIFE, RECREATION, OR OTHER NATURAL RESOURCES ISSUES. PLEASE DESCRIBE YOUR IDEAS ABOUT WHAT MANAGEMENT ACTIVITIES NEED TO BE CARRIED OUT WITHIN THE WATERSHED DISTRICT: WHY DO YOU WANT TO BE A WATERSHED DISTRICT MANAGER? HAVE YOU EVER RECEIVED A VIOLATION NOTICE FROM A WATERSHED DISTRICT FOR ANY ACTIONS YOU HAVE TAKEN ON YOUR PROPERTY? YES NO DO YOU OWN ANY COMMERCIAL/INDUSTRIAL OR DEVELOPABLE PROPERTY IN THIS WATERSHED DISTRICT? ARE YOU AWARE OF ANY CURRENT OR POTENTIAL CONFLICTS OF INTEREST THAT YOU WOULD EXPERIENCE IF YOU ARE APPOINTED AS A WATERSHED DISTRICT MANAGER? NOTICE OF RIGHTS Under the Minnesota Government Data Practices Act Washington County is required to inform you of your rights as they pertain to private data collected from you. Private data is available to you, Washington County Administration, the department to which you are applying, and other entities as authorized by law, but not to the public without court order or your written consent. The purpose of the collected data is to determine your eligibility to participate on a commission or advisory board. Furnishing the requested data is voluntary, although refusal to supply the data may make you ineligible for an appointment. Names and home addresses of applicants for appointment to and members of an advisory board or commission are public, as are rank on eligibility list, job history, education, training and work availability. Once you are appointed, the data about you that is public is listed in Minn. Stat. 13.43, subd. 2. All other data about you as an applicant or board or commission member is private. RETURN THIS APPLICATION TO: WASHINGTON COUNTY Office of Administration Government Center 14949 62nd Street North P.O. Box 6 Stillwater, MN 55082-0006 17/15/2021 4:09 PMHugo City CouncilSu Mo Tu We Th Fr Sa12345678 9 10 11 12 13 1415 16 17 18 19 20 2122 23 24 25 26 27 2829 30 31August 2021Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30September 2021August 2021Aug 12345677:00pm Council Meets5:00pm Natl Night Out (Time and Place TBD) - Hugo City Council8910111213146:30pm BOZA7:00pm Planning Comm151617181920217:00pm Council Meets5:30pm EDA6:30pm Hist. Comm.7:00pm Parks Comm5:00pm Proposed Budget Workshop (Council Chambers) - Hugo City Council222324252627285:00pm Burger Night (Legion)6:30pm BOZA7:00pm Planning Comm293031Sep 1234SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY 27/15/2021 4:09 PMHugo City CouncilSu Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30September 2021Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031October 2021September 2021Aug 293031Sep 12345678910117:00pm Council Meets6:30pm BOZA7:00pm Planning Comm121314151617187:00pm Parks Comm192021222324257:00pm Council Meets5:30pm EDA6:30pm Hist. Comm.6:30pm BOZA7:00pm Planning Comm2627282930Oct 125:00pm Burger Night (Legion)SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY