HomeMy WebLinkAbout2022.01.03 CC PacketMeetings 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. The
meeting ID and passcode are below. Contact City Clerk Michele Lindau at 651-762-6315
with questions.
Meeting ID: 862 9254 3367
Passcode: 534031
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. December 20, 2021, City Council Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. None Scheduled
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 Appointment of Becky Petryk as Acting Mayor
3. Approve Appointment of WSB and Associates as City Engineer
4. Approve Appointment of Landform as City Planner
5. Approve Appointment of Johnson & Turner as City Attorney
6. Approve Appointment of Baker Tilly as Financial Advisor
7. Approve Appointment of US Bank as Depository for City Funds
8. Approve Appointment of The Citizen as Official Newspaper
9. Approve Animal Control Service Contracts with Companion Animal Control and Otter
Lake Animal Hospital for 2022
10. Approve Appointment of Fire Chief Jim Compton, Jr. as Emergency Management
Director
11. Approve Appointments to Hugo Firefighter Relief Association
12. Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission
13. Approve Appointment of Alternate Planning Commission Member Cindy Petty as Regular
Member
Agenda
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, JANUARY 3, 2022 – 7 P.M.
14. Approve Appointment of Roger Clark as Chair and Cathy Moore-Arcand as Vice-Chair of
the Parks and Recreation Commission
15. Approve Appointment of Cynthia Schoonover as Chair of Historical Commission
16. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA
17. Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and
Resident Scott Arcand to the Board of Zoning Appeals and Adjustments
18. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Appeals and
Adjustments
19. Approve Ordinance Amending Tobacco Ordinance to Comply with State Statute and
Publication of Summary Ordinance
20. Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North
21. Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown
Improvement/Lions Park Project
22. Approve Pay Request No. 2 to Peterson Companies for the CSAH 8 Stormwater Reuse
Project
23. Approve Pay Request No. 15 to Ebert Construction for the Public Works Facility
Project
24. Approve Pay Request No. 7 to Ebert Construction for Public Works Salt and Materials
Storage Project
25. Approve Pay Request No. 4 to Schreiber Mullaney Construction for Lions Park
Pavilion
26. Approve Pay Request No. 5 to Schreiber Mullaney Construction for Lions Park
Pavilion
H. PUBLIC HEARING
1. None Scheduled
I. UNFINISHED BUSINESS
1. None Scheduled
J. NEW BUSINESS
1. Site Plan, Conditional Use Permit Amendment, Development Agreement, Assessment
Agreement for Victor Land Holding for Schwieters Campus Development
K. VISITOR PRESENTATIONS
1. None Scheduled
L. COUNCIL PRESENTATIONS
1. None Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Hugo Fire Department Annual Banquet Saturday, January 15, 2022 (Reminder)
2. Council Goal Setting Session on Monday, January 24, 2022 (Reminder)
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JANUARY 3, 2022
D.1 Approval of Minutes for the December 20, 2021, City Council Meeting
Staff recommends Council approve the minutes for the City Council meeting held on December
20, 2022, as presented.
G. 1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G. 2 Approve Appointment of Becky Petryk as Acting Mayor
Each year, the Council appoints a member of the Council for the position of Acting Mayor. On
behalf of Mayor Tom Weidt, City staff recommends approval of the appointment of Council
Member Becky Petryk as Acting Mayor for the year 2021.
G.3 Approve Appointment of WSB and Associates as City Engineer
WSB Engineers has been the City Engineer for the past 18 years. Mark Erichson has handled the
day-to-day civil engineering duties, and Pete Willenbring continues as the water resource
engineer. WSB Engineers is requesting to continue to provide this service to the City at the
revised rate schedule as enclosed. City staff recommends approval of the appointment of WSB
Engineers and Mark Erichson as the City Engineer for 2022.
G. 4 Approve Appointment of Landform as City Planner
Kendra Lindahl from Landform has worked over the past 19 years as the City Planner. Landform
would like to continue to provide this service to the City at a revised rate schedule. City staff
recommends approval of the appointment of Kendra Lindahl as the City Planner/Planning
Consultant for the year 2022.
G. 5 Approve Appointment of Johnson & Turner as City Attorney
City Attorney Dave Snyder has served the City with the law firm of Johnson & Turner for the
past six years. Johnson & Turner would like to continue to provide legal services to the City.
City staff recommends approval of the appointment of David K. Snyder and the Johnson &
Turner Law Firm as the City Attorney for the year 2022.
G.6 Approve Appointment of Baker Tilly as Financial Advisor
Financial advisors Paul Steinman, Mikaela Huot, and Nick Dragisich and the other members of
the Baker Tilly Virchow Krause, LLP (formerly Springsted, Inc.) team have served the City very
well over the years on a wide variety of projects. City staff recommends approval of Paul
Steinman, Mikaela Huot, and Nick Dragisich, from Baker Tilly Virchow Krause, LLP, as the
City’s financial advisors for the year 2022.
G.7 Approve Appointment of US Bank as Depository for City Funds
Each year, Council selects a depository/bank for the deposit of City funds. For many years,
Council has selected the local Hugo branch of US Bank. City staff recommends the approval of
U.S. Bank-Hugo as the official depository for City funds for 2022.
G.8 Approve Appointment of The Citizen as Official Newspaper
Each year, Council selects a newspaper as the official publication for all public notices and
publishing of ordinances. For the past 14 years, the City Council appointed The Citizen as the
City’s new official newspaper, and The Citizen would like to continue to provide this service at a
rate increase from $12.10 to $12.70 per column inch. City staff recommends Council approve
The Citizen as the City’s official newspaper for 2022.
G.9 Approve Animal Control Service Contracts with Companion Animal Control and
Otter Lake Animal Hospital for 2022
Since July 2013, Companion Animal Control and Otter Lake Animal Hospital have been
providing animal control services to the City. Staff recommends continuation of the current
contracts with Companion Animal Control and Otter Lake Animal Hospital for 2022.
G.10 Approve Appointment of Fire Chief Jim Compton, Jr. as Emergency Management
Director
Each year, Council appoints a member of the City staff to serve in the role of Emergency
Management Director. For the past decade, the Fire Chief has served in this position. City staff
recommends the appointment of the Fire Chief Jim Compton, Jr. as the City’s Emergency
Management Director for 2022.
G. 11 Approve Appointments to Hugo Firefighter Relief Association
Minnesota State Statute requires the official appointment of the ex-officio members of the Hugo
Fire Department Relief Association Board. Council must appoint two elected or appointed
members. City staff recommends appointment of Mayor Tom Weidt and Finance Director Anna
Wobse as ex-officio members of the Hugo Fire Department Relief Association Board.
G.12 Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission
Annually, Council appoints a member of the Planning Commission to serve as chair of the
Commission. Bronwen Kleissler has been serving as the chair of the Planning Commission since
August, 2015. Staff recommends Council approve the reappointment of Bronwen Kleissler as
the chair of the Planning Commission for 2022.
G.13 Approve Appointment of Alternate Planning Commission Member Cindy Petty as
Regular Member
At the December 20, 2021, meeting, Council approved the retirement of Planning Commissioner
Scott Arcand at the end of his term on December 31, 2021. Cindy Petty has served as an
alternate on the Planning Commission since appointed by Council on February 1, 2021. Staff
recommends Council approve the appointment of Cindy Petty to serve as a regular member on
the Planning Commission for a four year term to expire on December 31, 2025.
G.14 Approve Appointment of Roger Clarke as Chair and Cathy Moore-Arcand as Vice-
Chair of the Parks and Recreation Commission
Annually, the City Council appoints members of the Parks Commission to serve as chair and
vice-chair. In June 2021, Roger Clarke was appointed as the Chair of the Parks Commission
when former Chair Dave Strub was appointed to the City Council. Cathy Moore-Arcand has
served as vice-chair since January 2017. City staff recommends reappointment of Roger Clarke
as chair and Cathy Moore-Arcand as vice-chair for the Parks and Recreation Commission for
2022.
G15 Approve Appointment of Cynthia Schoonover as Chair of Historical Commission
Annually, the City Council appoints a member of the Historical Commission to serve as the chair
of the Commission. Cynthia Schoonover has served as the chair of the Commission since July,
2015. Staff recommends Council approve the reappointment of Cynthia as the chair of the
Historical Commission for 2022.
G.16 Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on
the EDA
Annually, Council appoints two representatives from the Hugo City Council to serve on the
Economic Development Authority (EDA). Staff recommends Council appoint Mayor Weidt and
Council Member Klein to continue to serve as the Council Representatives on the EDA for 2022.
G.17 Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty,
and Resident Scott Arcand to the Board of Zoning Appeals and Adjustments
Annually, the Hugo City Council appoints a member of the Planning Commission, City Council,
and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt has agreed
to continue to serve another year as the City Council representative, and Cindy Petty has agreed to
serve as the Planning Commission representative, and Scott Arcand as the resident representative.
Staff recommends Council approve the reappointment of Tom Weidt as the City Council
representative, and Cindy Petty as the Planning Commission representative, and Scott Arcand as
the resident representative on the Board of Zoning Appeals and Adjustments for one-year terms.
G.18 Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments
Annually, Council approves appointment of Chair of the Board of Zoning Appeals and
Adjustments. Staff recommends Council reappoint Board Member Tom Weidt as Chair of the
Board of Zoning Appeals and Adjustments for 2022.
G.19 Approve Ordinance Amending Tobacco Ordinance to Comply with State Statute and
Publication of Summary Ordinance
At its October 18, 2021, meeting, Council authorized staff to draft an amendment to the Tobacco
Ordinance to align with the State Statute adopted in May, 2020. Tobacco 21 Laws changed the
age from 18 to 21 to purchase tobacco or tobacco-related devises; removed penalties for
underage procession, purchase, and use; now require compliance checks to be done by decoys
between 17 and 20 years of age; and increased the minimum penalties for a licensee or employee
of a licensee who is in violation. Minimum penalties for violations were adopted with the 2022
Fee Schedule. Staff recommends Council approve the amended Tobacco Ordinance and
Summary Ordinance for publication.
G.20 Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North
Kalpana and Tyler Schaubschlager, 5859 128th Bay North, have requested an encroachment
agreement to allow construction of a fence within a drainage and utility easement on property
located at 5859 128th Bay North. The Senior Engineering Technician has reviewed the location
of the fence and is comfortable with the request. The applicant is aware that there is an existing
sewer line near the proposed fence. Staff recommends Council approve the Encroachment
Agreement for Schaubschlagers at 5859 128th Bay North.
G.21 Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown
Improvement/Lions Park Project
Peterson Companies, Inc. has submitted Pay Request No. 4 in the amount of $1,506,125.98 for
work certified through December 31, 2021, on the 2021 Downtown Improvement/Lions Park
Project. All the roadways within the project have been completed. Work is ongoing within Lions
Park. The concrete play-wall and court surfacing has been completed. Lighting work will
continue to be installed thru the winter. Staff recommends Council approve payment to Peterson
Companies, Inc. in the amount of $1,506,125.98.
G.22 Approve Pay Request No. 2 to Peterson Companies for the CSAH 8 Stormwater
Reuse Project
Peterson Companies, Inc. has submitted Pay Request No. 2 in the amount of $152,666.92 for
work certified through December 31, 2021, on the CSAH 8 Storm Water Reuse Project. Work is
nearing completion on the project. Project start-up will occur in spring of 2022. Staff
recommends Council approve payment to Peterson Companies, Inc. in the amount of
$152,666.92.
Approve Pay Request No. 15 to Ebert Construction for the Public Works Facility Project
Ebert Construction has submitted Pay Request No. 15 for payment for the City of Hugo Public
Works Facility project in the amount of $409,842.71. 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 December of 2021, with a 5% retainage applied. Total
retainage being held for the project to date is $431,878.65. Staff recommends the City Council
approve payment in the amount of $409,842.71 to Ebert Construction.
Approve Pay Request No. 7 to Ebert Construction for Public Works Salt and Materials
Storage Project
Ebert Construction has submitted Pay Request No. 7 for payment for the City of Hugo Public
Works Salt and Materials Storage project in the amount of $6,313.79. 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 December of 2021, with a 5%
retainage applied. Total retainage being held for the project to date is $32,628.03. Staff
recommends the City Council approve payment in the amount of $6,313.79 to Ebert
Construction.
Approve Pay Request No. 4 to Schreiber Mullaney Construction for Lions Park Pavilion
Schreiber Mullaney has submitted Pay Request No. 4 for the new Pavilion in Lions Park in the
amount of $207,263.12. 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 November 30, 2021 with a 5% retainage applied. The total retainage being held to date
will be $ 39,565.59. Staff recommends Council approve payment in the amount of $207,263.12
to Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion.
Approve Pay Request No. 5 to Schreiber Mullaney Construction for Lions Park Pavilion
Schreiber Mullaney has submitted Pay Request No. 5 for the new Pavilion in Lions Park in the
amount of $148,273.15. 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 December 31, 2021 with a 5% retainage applied. The total retainage being held to date
will be $47,369.44. Staff recommends Council approve payment in the amount of $148,273.15 to
Schreiber Mullaney Construction for the construction of the City of Hugo Lions Park Pavilion.
J.1 Site Plan, Conditional Use Permit Amendment, Development Agreement, Assessment
Agreement for Victor Land Holding for Schwieters Campus Development
Victor Land Holdings, LLC, is requesting approval of a site plan for an approximately 43,000
square foot office, manufacturing, and warehouse building with associated parking. The applicant
is also requesting a Conditional Use Permit (CUP) amendment for the campus development since
the use of the building will include office and manufacturing. A development agreement and
assessment agreement has been drafted for the project for the construction of an extension of 140th
Street to the west. At its December 16, 2021, meeting the Planning Commission held a public
hearing and considered the request. The Planning Commission unanimously recommended
approval of the site plan and CUP amendment requests with two additional conditions added to
the resolutions. Staff recommends approval of the development agreement and assessment
agreement, subject to the City Attorney review and approval.
M.1 Hugo Fire Department Annual Banquet Saturday, January 15, 2022 (Reminder)
Staff would like to remind Council they are scheduled to attend the Fire Department Annual Banquet
on Saturday, January 15, 2022, beginning at 5 p.m.
M.2 Council Goal Setting Session on Monday, January 24, 2022 (Reminder)
Staff would like to remind Council they have scheduled their Annual Goal Setting Session for
Monday, January 24, 2022 at 5 p.m. in the Council Chambers.
N. Adjournment
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City
Engineer Mark Erichson, Community Development Director Rachel Juba, , City Clerk Michele
Lindau
December 6, 2021, City Council Meeting
Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held
on December 6, 2021, as presented.
All Ayes. Motion carried.
December 9, 2021, Holiday Party
Miron made motion, Klein seconded, to approve the minutes for the Holiday Party held on
December 9, 2021, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Miron seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Approval of Consent Agenda
Miron made motion, Petryk seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Building Inspector Scott Baller
3. Approve Annual Performance Review for Community Development Director Rachel
Juba
4. Approve Annual Performance Review for Public Works Worker Ryan McCullough
5. Approve Annual Performance Review for Public Works Worker Neal Nelson
6. Approve Resolution on Statutory Tort Liability Limits
7. Approve Resolution Certifying Delinquent Utility Accounts
8. Approve Resolution Authorizing Acceptance of the Redistribution of Unrequested
Coronavirus Local Fiscal Recovery Funds
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, DECEMBER 20, 2021 – 7 P.M.
Hugo City Council Meeting Minutes for December 20, 2021
Page 2 of 8
9. Approve Ordinance Establishing 2022 Fee Schedule and Publication of Summary
Ordinance
10. Approval of 2022 Salary Resolution
11. Approve Retirement of Scott Arcand from the Planning Commission
12. Approve Renewal of Term for Planning Commissioner Bronwen Kleissler
13. Approve Renewal of Term for EDA Commissioner Frank Puleo
14. Approve Renewal of Terms for Parks Commissioners Meredith St. Pierre and Roger
Clarke
15. Approve Renewal of Terms for Historical Commissioners Scott Cregan and Joyce
Granger
16. Approve Lawful Gambling Permit for Raffles at St. Genevieve’s Fish Fry April 8, 2022
17. Approve Pay Request No. 14 to Ebert Construction for Public Works Facility
18. Approve Pay Request No. 6 to Ebert Construction for Public Works Salt and Materials
Storage Project
19. Approve Pay Request No. 2 for 121st Street/Acres of Bald Eagle Project
20. Approve Reduction in Letter of Credit for Rice Lake Reserve
21. Approve Reduction in Cash Escrow for Hugo Gardens
22. Approve Final Payment to Scandia Trucking, LLC for the JD2 Ditch Maintenance
23. Approve Contract with Nykanen Inspections, Inc. for New Electrical Inspector Andrew
Nykanen
24. Approve Donation to the Hugo Fire Department from the Hugo American Legion
All Ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Building Inspector Scott Baller
Scott Baller was hired by the City as a Building Inspector on January 1, 2006. Adoption of
the Consent Agenda approved the annual performance review for Building Inspector Scott
Baller.
Approve Annual Performance Review for Community Development Director Rachel
Juba
Rachel Juba was hired as the City’s new Associate Planner on January 2, 2007, and
promoted to Planner in 2010, then Community Development Director in May, 2018.
Adoption of the Consent Agenda approved the annual performance review for Community
Development Director Rachel Juba.
Approve Annual Performance Review for Public Works Worker Ryan McCullough
Ryan McCullough was hired on January 2, 2007, as the City of Hugo’s new Public Works
Maintenance Worker. Adoption of the Consent Agenda approved the annual performance
review for Public Works Maintenance Worker Ryan McCullough.
Hugo City Council Meeting Minutes for December 20, 2021
Page 3 of 8
Approve Annual Performance Review for Public Works Worker Neal Nelson
Neal Nelson was hired on January 3, 2017, as a Public Works Worker. Adoption of the
Consent Agenda approved the Annual Performance Review for Neal Nelson.
Approve Resolution on Statutory Tort Liability Limits
In the late 1990’s, the League of Minnesota Insurance Trust required each City that obtained
liability coverage from them to decide whether or not to waive the statutory tort liability limits
to the extent of coverage purchased. Currently these limits were $500,000 per claimant and
$1,500,000 per occurrence. At that time the City Council opted not to waive the
statutory limits. LMCIT required each member city to reaffirm their position on an
annual basis. Adoption of the Consent Agenda approved RESOLUTION NO. 2021-77
A RESOLUTION NOT TO WAIVE STATUTORY TORT LIABILITY LIMITS.
Approve Resolution Certifying Delinquent Utility Accounts
The Hugo Finance Department had reviewed all delinquent utility bills that were the result of
nonpayment or underpayment of water and sewer utility bills. In accordance with City
Ordinance, Council was required to adopt a resolution to certify delinquent utility bills to the
property tax rolls. Property owners who had not paid their outstanding utility bill would have it
certified to the property tax rolls. Adoption of the Consent Agenda approved RESOLUTION
2021 – 78 CERTIFYING UNPAID UTILITY BILLS TO THE COUNTY AUDITOR FOR
COLLECTION.
Approve Resolution Authorizing Acceptance of the Redistribution of Unrequested
Coronavirus Local Fiscal Recovery Funds
At their June 21, 2021, City Council Meeting, Council approved a resolution authorizing
acceptance of $1,600,000.00 in Coronavirus Fiscal Recovery Funds that the City of Hugo was
eligible to receive under the American Rescue Plan Act (ARPA). 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 pandemic’s 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. The City received the first half of the requested funds in
July and were to receive the second half in 2022. On November 22, 2021, the City was notified
that the City would receive an additional distribution of unrequested Recovery Funds.
Additional funds were available for distribution because after the October 11, 2021, deadline
passed for local governments to request ARPA funds, nearly $12 million of the $377 million
available to Minnesota’s non-entitlement units of local governments (cities under 50,000 in
population) remained unrequested. As allowed by the United States Department of Treasury,
the state of Minnesota was redistributing these unclaimed funds amongst eligible local
governments who initially requested ARPA funds. The City of Hugo would receive an
estimated additional $52,903.46. The City received the first half of these unrequested funds on
Hugo City Council Meeting Minutes for December 20, 2021
Page 4 of 8
November 23, 2021, and if Treasury guidance remained unchanged, would receive the second
half in 2022. Adoption of the Consent Agenda approved RESOLUTION 2021-79
AUTHORIZING ACCEPTANCE OF THE REDISTRIBUTION OF UNREQUESTED
CORONAVIRUS LOCAL FISCAL RECOVERY FUNDS ESTABLISHED UNDER THE
AMERICAN RESCUE PLAN ACT.
Approve Ordinance Establishing 2022 Fee Schedule and Publication of Summary
Ordinance
City staff annually reviewed the fee, rates and charges schedule and recommended changes.
The Finance Department had reviewed these changes and incorporated them into the fee
schedule for 2022. Adoption of the Consent Agenda approved ORDINANCE 2021-501
AUTHORIZING ESTABLISHMENT OF FEES, RATES AND CHARGES
Approval of 2022 Salary Resolution
At the mid-year budget workshop, the City Council indicated their willingness to adjust the
City’s salary matrix by 4.5% and to grant step increases to those employees who had not yet
reached their pay grade maximums. Council approved the 2022 budget containing these
adjustments at their December 6, 2021, Council meeting. Twelve of the City’s 25 full-time
employees would receive step increases. Two employees would be repositioned to a higher pay
grade to better align their wages with comparable metro cities. A new building inspector was
hired in 2021, and the Finance Coordinator position was restructured to an Accounting Clerk
position. The net aggregate dollar increase was $171,471 and the overall budget for employee
wages would increase by 8.11%. Using state supplied software, the Finance Department
verified that the City would remain in compliance with Pay Equity Statutes. Adoption of the
Consent Agenda approved RESOLUTION 2021-80 SETTING 2022 SALARIES FOR CITY
EMPLOYEES AND ESTABLISHING EMPLOYEE REIMBURSEMENT LEVELS.
Approve Retirement of Scott Arcand from the Planning Commission
Scott Anderson was appointed to the Planning Commission in September, 2009, and had served
over four terms on the Commission. Scott’s term expired at the end of 2021, and after 12+
years serving on the Commission, Scott had indicated he did not want to be reappointed.
Adoption of the Consent Agenda approved the retirement of Scott Arcand from the Planning
Commission.
Approve Renewal of Term for Planning Commissioner Bronwen Kleissler
The term for Planning Commissioner Bronwen Kleissler expired on December 31, 2021.
Kleissler had indicated she wanted to be reappointed for another four-year term. Adoption
of the Consent Agenda approved the reappointment of Commissioner Bronwen Kleissler for
another four-year term on the Planning Commission to expire December 31, 2025.
Approve Renewal of Term for EDA Commissioner Frank Puleo
The term for Economic Development Authority Commissioner Frank Puleo expired on
December 31, 2021. Puleo had indicated he wanted to be reappointed for another six-year term.
Hugo City Council Meeting Minutes for December 20, 2021
Page 5 of 8
Adoption of the Consent Agenda approved the reappointment of Frank Puleo to the EDA for
another six-year term to expire on December 31, 2027.
Approve Renewal of Terms for Parks Commissioners Meredith St. Pierre and Roger
Clarke
Terms for Parks Commissioners Meredith St. Pierre and Roger Clarke expired on December 31,
2021. Both had indicated they wanted to be reappointed for another three-year term. Adoption
of the Consent Agenda approved the reappointment of Meredith St. Pierre and Roger Clarke for
another three-year term on the Parks Commission to expire on December 31, 2024.
Approve Renewal of Terms for Historical Commissioners Scott Cregan and Joyce
Granger
Terms for Historical Commissioners Scott Cregan and Joyce Granger expired on December 31,
2021. Both had indicated they wanted to be reappointed for another term. Adoption of the
Consent Agenda approved the reappointment of Commissioner Scott Cregan for another three
year term to expire on December 31, 2024 and Associate Member Joyce Granger for another
two year term to expire on December 31, 2023.
Approve Lawful Gambling Permit for Raffles at St. Genevieve’s Fish Fry April 8, 2022
The Men’s Club of the Church of St. Genevieve had requested approval of a Lawful Gambling
Permit to hold a raffle during their annual Fish Fry on Friday, April 8, 2022. Adoption of the
Consent Agenda approved the Lawful Gambling Permit for St. Genevieve Church on Friday,
April 8, 2022.
Approve Pay Request 14 to Ebert Construction for Public Works Facility
Ebert Construction had submitted Pay Request No. 14 for payment for the City of Hugo Public
Works Facility project in the amount of $742,198.45. The quantities completed to date had been
reviewed and agreed upon by the architect, contractor and City staff. The amount indicated
above reflected the work certified through November of 2021, with a 5% retainage applied.
Total retainage being held for the project to date was $410,307.97. Adoption of the Consent
Agenda approved Pay Request No. 14 in the amount of $742,198.45 to Ebert Construction.
Approve Pay Request No. 6 to Ebert Construction for Public Works Salt and Materials
Storage Project
Ebert Construction had submitted Pay Request No. 6 for payment for the City of Hugo Public
Works Salt and Materials Storage project in the amount of $68,950.33. The quantities
completed to date had been reviewed and agreed upon by the architect, contractor and City staff.
The amount indicated above reflected the work certified through November of 2021, with a 5%
retainage applied. Total retainage being held for the project to date was $32,295.72. Adoption
of the Consent Agenda approved Pay Request No. 6 in the amount of $68,950.33 to Ebert
Construction.
Hugo City Council Meeting Minutes for December 20, 2021
Page 6 of 8
Approve Pay Request No. 2 for 121st Street/Acres of Bald Eagle Project
A-1 Excavating, Inc. had submitted Pay Request No. 2 in the amount of $129,166.35 for work
certified through November 30, 2021, on the 121st Street/Acres of Bald Eagle Project. Utility
and grading work had been completed along 121st and into the new cul-de-sac. Adoption of the
Consent Agenda approved payment to A-1 Excavating, Inc. in the amount of $129,166.35.
Approve Reduction in Letter of Credit for Rice Lake Reserve
The Rice Lake Reserve Project had substantial work completed to date, and M/I Homes of
Minneapolis/St. Paul, LLC. had requested a reduction in the letter of credit. The current letter of
credit for the Rice Lake Reserve Project was in the amount of $2,682,420. Staff had inspected
the work completed to date and recommended Council approve the reduction. Adoption of the
Consent Agenda approved the reduction in the letter of credit to $268,242 based on the value of
work remaining to be completed.
Approve Reduction in Cash Escrow for Hugo Gardens
The Hugo Gardens Project had substantial work completed to date and the Hugo Garden
Apartments, LLC. had requested a reduction in the cash escrow. The current amount of cash
escrow for the Hugo Gardens Project was in the amount of $1,319,095.12. Staff had inspected
the work completed to date and recommended Council approve the reduction. Adoption of the
Consent Agenda approved the reduction in cash escrow to $258,025 based on the value of work
remaining to be completed.
Approve Final Payment to Scandia Trucking, LLC for the JD2 Ditch Maintenance
The 2019-2021 maintenance project on Judicial Ditch #2 had been successfully completed. City
staff had inspected the work and recommended final payment to Scandia Trucking, LLC.
Adoption of the Consent Agenda approve final payment to Scandia Trucking, LLC. in the
amount of $8,080.40.
Approve Contract with Nykanen Inspections, Inc. for New Electrical Inspector Andrew
Nykanen
Peter Tokle had announced his retirement as the City’s Electrical Inspector effective December
31, 2021. Andrew Nykanen had been working with Peter over the past years and was familiar
with the City of Hugo. Electrical fees would not change and the compensation would remain
the same. Adoption of the Consent Agenda approved the contract with Nykanen Inspections,
Inc. as the new electrical inspector effective January 1, 2022
Approve Donation to Hugo Fire Department from Hugo American Legion
The Hugo American Legion Post 620 wanted to donate $800 to the Hugo Fire Department
for training and equipment. Donations to the Fire Department needed to be approved by
Council. Adoption of the Consent Agenda approved the donation of $800 from the Hugo
American Legion to the Hugo Fire Department.
Hugo City Council Meeting Minutes for December 20, 2021
Page 7 of 8
Hugo Fire Department Annual Banquet Saturday, January 15, 2022
The Hugo Fire Department had invited the Council to attend their annual banquet to be held on
Saturday, January 15, 2022, at 5:00 p.m. at the Hugo American Legion.
Klein made motion, Miron seconded, to schedule a meeting to attend the Fire Department
Annual Banquet on Saturday, January 15, 2022.
All Ayes. Motion Carried.
Cancel Regular Council Meeting on January 17, 2022 Due to MLK Holiday
Every year, the Martin Luther King holiday fell on the same day as the second regular meeting
of the City Council in January. Staff did not anticipate any agenda items and recommended
Council cancel the meeting.
Petryk made motion, Klein seconded, to cancel the Council meeting on Monday, January 17,
2022.
All Ayes. Motion carried.
Schedule Goal Setting Session for Monday, January 24, 2022
Staff recommended Council schedule their annual Goal Setting Session for Monday,
January 24, 2022.
Petryk made motion, Strub seconded, to schedule the annual Goal Setting Session for Monday,
January 24, 2022, at 5 p.m.
All Ayes. Motion carried.
Schedule Local Board of Appeals and Equalization for Thursday, April 7, 2022
The Hugo City Council acts as the Local Board of Appeals and Equalization. A meeting is held
in April of every year to give residents an opportunity to appeal the classification of their
property and/or value they are taxed on. Washington County had requested Council schedule
the LBAE meeting for Thursday, April 7, 2022.
Miron made motion, Klein seconded, to schedule the LBAE meeting for Thursday, April 7,
2022 from 5:30 – 7 p.m. at Hugo City Hall.
All Ayes. Motion carried.
Hugo City Council Meeting Minutes for December 20, 2021
Page 8 of 8
Adjournment
Klein made motion, Strub seconded, to adjourn at 7:06 p.m.
All Ayes. Motion carried.
Respectfully Submitted
Michele Lindau
City Clerk
City of Hugo Claims
January 3, 2022 G. 1
Vendor Invoice Amount Description Department
Allstream 17943593 105.16$ Fax Lines Administration
American Engineering Testing Inc INV-047172 15,004.75$ PW Facility Construction Testing Services Public Works
American Engineering Testing Inc INV-035473 4,360.00$ PW Facility Construction Testing Services Public Works
American Public Works Assoc.671710 277.50$ Membership Dues Public Works
Aspen Equipment 10233580 1,633.12$ Repairs - Unit #206 Street Dept
Baker Tilly Municipal Advisors LLC BTMA12572 3,100.00$ Arbitrage Compliance Report Finance Dept
Baseline Irrigation Solutions Inc 12230-2021 398.00$ 1 Year Renewal - Irrigation Controllers Online Service Parks Dept
Bound Tree Medical 84310524 140.94$ Medical Supplies Fire Dept
Burlage, Greg 1/1/2022 595.00$ Grant Application Assistance (2021)Fire Dept
Canteen Refreshment Services MSP37337 323.61$ Breakroom Supplies Gen Gov't Bldgs
Canteen Refreshment Services MSP37342 246.47$ Breakroom Supplies Public Works
Capital One Trade Credit 363213599 125.90$ Snow Shovels Public Works
Cintas 5088506211 198.77$ First Aid Supplies Public Works
Cintas 5088506211 153.67$ First Aid Supplies Gen Gov't Bldgs
Comcast Business 12/5/2021 2.25$ Business Internet (thru January 14)Fire Dept
De Lage Landen Financial Services Inc 74737188 326.94$ December Copier Lease Payment Administration
Excel AV Group 146110 240.00$ Audio System Repairs - Council Chambers Audio/Video
Grainger 9146034906 202.80$ Parts - Unit #489 Parks Dept
Gregoire, Rick 2021 160.00$ Fitness Program Reimbursement Fire Dept
Home Depot Credit Services 1621552 11.73$ Parts - Backpack Sprayer Parks Dept
Innovative Office Solutions IN3586567 145.56$ Calendars & Laminating Pouches Fire Dept
Innovative Office Solutions IN3587783 346.95$ Storage Boxes & Folders Finance Dept
Jefferson Fire & Safety IN135730 2,646.25$ Vent Fan Fire Dept
Johnson/Turner November 4,829.00$ Prosecution Fees (Flat Fee)General Legal
Johnson/Turner November 294.95$ Disbursements (Prosecution Costs)General Legal
Johnson/Turner November 3,604.50$ Civil Legal Fees - See Attached Breakdown General Legal
KLM Engineering Inc 8708 12,000.00$ Water Tower No. 3 Tank Cleaning Water Utility
Landscape Structures INC-106849 248,639.33$ Playground Equipment - Lions Park Special Park Fund
Leadership Growth Group 22202 600.00$ Advanced Management Program - Bryan Bear Administration
Loeffler, Michael CLAIM 25.22$ Multimeter Carrying Case (Amazon)Sewer
Martin-McAllister 14306 550.00$ Public Safety Assessment - Brandon Raschick Fire Dept
Martin-McAllister 14306 550.00$ Public Safety Assessment - Cameron Barukzoy Fire Dept
Martin-McAllister 14306 550.00$ Public Safety Assessment - Allysa Nadeau Fire Dept
Martin-McAllister 14306 550.00$ Public Safety Assessment - Stephen Albertson Fire Dept
Martin-McAllister 14306 550.00$ Public Safety Assessment - Darek Albertson Fire Dept
Menards 75875 198.00$ Driveway Markers Street Dept
Menards 75875 14.31$ Painting Supplies - Hanifl Parks Dept
Menards 75924 8.37$ Restroom Supplies Public Works
Menards 76148 524.73$ Shop Tools Public Works
Menards 76540 11.48$ Shop Supplies Public Works
Minnesota Cleaning Services 0122HH01 605.00$ December Cleaning Services Gen Gov't Bldgs
Minnesota Cleaning Services 0122HH03 500.00$ December Cleaning Services Public Works
Minnesota Cleaning Services 0122HH03 450.00$ December Cleaning Services Fire Dept
Minnesota Cleaning Services 0122HH02 100.00$ December Cleaning Services - Hanifl Parks Dept
Minnesota Recreation & Parks Assoc 2022 300.00$ Membership Dues - Shayla Denaway Parks Dept
Minnesota Rural Water Association 2022 325.00$ 2022 Membership Dues Water & Sewer
MN Fire Service Certification Board 9505 375.00$ Recertifications (10)Fire Dept
Municipal Code Corporation 367233 275.00$ Annual Administrative Support Fee City Clerk
North American Safety Inc INV61514 167.34$ Safety Supplies Public Works
Northern Technologies LLC 40731 2,051.00$ Inspection Services - Lions Park Pavilion Special Park Fund
Northern Technologies LLC 41122 791.75$ Inspection Services - Lions Park Pavilion Special Park Fund
Olson's Sewer Service Inc 96984 729.00$ PW Facility Septic System Pumping Public Works
Performance Plus LLC 122387 309.00$ Pre-Placement Medical & Screening - Barukzoy Fire Dept
Performance Plus LLC 122390 3,640.00$ Medical Evaluations, Audiometry & Mask Fittings (20) Fire Dept
Performance Plus LLC 122395 309.00$ Pre-Placement Medical & Screening - D. Albertson Fire Dept
Performance Plus LLC 122400 264.00$ Pre-Placement Medical & Screening - S. Albertson Fire Dept
Performance Plus LLC 122403 182.00$ Medical Evaluation, Audiometry & Mask Fitting (1) Fire Dept
Performance Plus LLC 122422 182.00$ Medical Evaluation, Audiometry & Mask Fitting (1) Fire Dept
Pioneer Press 12628181 393.00$ 26 Week Subscription Ordinances/Proceedings
Preisler, Chuck CLAIM 886.24$ Mileage Building Inspections
Ricoh USA, Inc 105696536 194.61$ January Copier Lease Payment Public Works
Sensible Land Use Coalition 1195 250.00$ Membership Dues Administration
Sun Life Financial January 1,149.61$ Disability Premium Finance Dept
Timemark Inc 117823 2,868.80$ Traffic Counters & Software - Unit #490 & Unit #491 Engineering Dept
T-Mobile 870254054 920.85$ Cellular Phone Charges Various
Tyler Technologies Inc 025-357850 5,230.75$ Annual Software Maintenance Fees Finance
UniFirst Corporation 090 0666708 135.30$ Uniform, Supplies & Floor Mat Services (PW)Public Works
UniFirst Corporation 090 0668069 135.30$ Uniform, Supplies & Floor Mat Services (PW)Public Works
Viking Electric Supply Inc S005109911.001 652.81$ Fluke 1507 Multimeter Sewer Utility
Washington County 196742 4,300.86$ 800 Radio User Fees - October thru December Fire Dept
Washington County Sheriff 2nd Half 578,509.80$ Police Services July - December 2021 Law Enforcement
Page 1
City of Hugo Claims
January 3, 2022 G. 1
Vendor Invoice Amount Description Department
Ziegler Inc IN000364033 235.81$ Parts - Unit #316-16 Stormwater Fund
911,664.09$ Total Claims for January 3, 2022
Page 2
Landform® and Site to Finish® are registered service marks of Landform Professional Services, LLC.
December 13, 2021
Rachel Juba
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
RE: 2022 Rate Schedule
Dear Ms. Juba,
Thank you for utilizing Landform to provide planning services for the City. We value your confidence in us and our working
relationship with the City. We appreciate the opportunity to provide planning support services to the City this year and look
forward to working with you in 2022 to provide continued planning support.
I have attached our municipal rate schedule for 2022. As you know, employee recruitment and retention is the greatest
challenge facing businesses right now. We recognize that we all have budget constraints and this rate schedule allows us
to be competitive with other firms and provide a comprehensive range of services through retention of our most talented
employees. These rates will become effective on January 1, 2022 for hourly work performed by Landform on behalf of the
City in 2022.
We look forward to working with the City of Hugo in the year ahead and continue to provide professional planning services
to assist your staff. Landform has a full-time staff of professionals, all of whom are committed to providing services that are
truly tailored to the communities we serve and helping our clients plan great places.
If you have any questions or comments, please do not hesitate to call me at 612.638.0225.
Sincerely,
Landform
Kendra Lindahl, AICP
Principal Planner
Rachel Juba 2
December 13, 2021
2022 Rate Schedule
Professional Services Title Hourly Rates
Senior Principal $226
Principal $184
Principal Planner* $146
Associate $152
Studio Lead $152
Project Lead/Senior Designer/Senior CAD Manager $147
Planning Lead/Senior Planner $142
Planner III/Designer III/Survey Technician III $108
Planner II/Designer II/Survey Technician II $90
Planner I/Designer I/Survey Technician I $79
Code Enforcement Services* $79
Survey Lead $152
Senior Surveyor $141
Crew Chief $147
Survey Coordinator $111
Field Technician $65
Construction Administrator III $141
Construction Administrator II $101
Construction Administrator I $93
Accounting/Business/Office Lead $88
Office Coordinator $89
Administrative Assistant $67
*Reduced Principal Planner rate
1. Standard Internal reimbursable expenses associated with prints, plots, scanning and mileage are included in our
hourly rates. Deliverable plots and prints will be charged at internal rate.
2. External reimbursable expenses shall be billed at cost plus 15%.
CONTRACT FOR ANIMAL CONTROL SERVICES
This Agreement, entered into this ____ day of _______ 2022, by and between the City of Hugo,
14669 Fitzgerald Avenue North, Hugo, MN 55038, hereinafter referred to as the "Municipality", and
Otter Lake Animal Care Center, 6848 Otter Lake Road, Hugo, Minnesota 55038, hereinafter referred to as
"Otter Lake" regarding the provision of animal control services in the City of Hugo.
The parties hereto agree as follows:
I. TERM
The term of this contract shall be from January 1, 2022 through December 31, 2022
II. BASIC SERVICES
Otter Lake agrees to provide the following services:
1. Shelter for animals on a 24 hour basis for the City of Hugo
2. Animal examinations and veterinary care as required whenever staff is available.
3. Boarding for up to ten (10) days.
4. Euthanasia and disposal of animals if required.
5. Assist in handling animal abuse/neglect cases in cooperation with Municipal officials when
necessary
III. COMPENSATION
1. Unclaimed Animals – Charges to be paid to Otter Lake by the City of Hugo
$8.00 Admin Fee
$20.00 Daily Boarding fee (up to ten days)
$100.00 Maximum for statutory veterinary services
$25.00 Euthanasia and Disposal Fee
$55.00 Cremation
$50.00 Relocation of animal
2. Claimed Animals – Charges to be paid to Otter Lake by the animal owner
$8.00 Admin Fee
$20.00 Daily Boarding fee (up to ten days)
Actual cost for veterinary services
$150.00 City of Hugo Impound Fee
3. Claimed Animals – Charges to be reimbursed to City of Hugo by Otter Lake
$100.00 City of Hugo Impound Fee
4. The Municipality will not be charged those costs recovered from pet owners.
5. Charges for services, shall be paid monthly or within thirty (30) days after submission
of the monthly claims by Otter Lake to the Municipality. A copy of the impound
sheet(s) shall accompany the monthly claims.
IV. COMPLIANCE WITH LAWS
In providing all services pursuant to this contract, Otter Lake Shall abide by all statutes,
ordinances rules and regulations pertaining to or regulating the provision of such services,
including those now in effect and hereinafter adopted. Otter Lake shall comply with all
requirements of Minn. Stat. 346.37 and shall indemnify and defendant the City against any
claimed violation of that statute, or any other statue, ordinance, rule or regulation pertaining to
the services provided by Otter Lake.
V. AUDIT DISCLOSURE AND RETENTION OF RECORDS
Otter Lake agrees to make available to duly authorized representative of the Municipality and
either the legislative auditor or the state auditor for the purpose to audit any books, documents,
papers and records of Otter Lake that are pertinent to Otter Lake's provision of services
hereunder. Otter Lake further agrees to maintain all such required records for three (3) years after
receipt of final payment and the closing of all other related matters.
VI. INSURANCE
Otter Lake shall purchase, maintain in full force and effect during the term of this Contract the
following insurance coverage:
1. WORKERS' COMPENSATION: Coverage at statutory limits as provided by the State of
Minnesota.
2. COMPREHENSIVE GENERAL LIABILITY: Coverage shall have minimum limits of
$1,000,000 per occurrence, combined single limit for bodily injury liability and property
damage liability.
3. BUSINESS AUTO LIABILITY: Coverage shall have minimum limits of $750,000 per
occurrence, combined single limit of bodily injury liability and property damage liability.
This shall include owned vehicles hired and non-owned vehicles and employee non-
ownership.
VII. TERMINATION
This Contract may be terminated by either party, with or without cause, upon thirty (30) days written
notice, delivered by certified mail or in person, to the other party.
VIII. MODIFICATIONS
Any material alteration, modifications or variations of any terms of the Contract shall be valid
and enforceable only when they have been reduced to writing as an amendments and signed by
the parties.
IX. ENTIRE AGREEMENT
Itis understood and agreed by the partied that the entire agreement of the parties is contained
herein and that the Contract superseded all oral agreements and negotiations between the parties
relating to the subject matter hereof as well as any previous agreements presently in effect
between Otter Lake and Municipality . The parties hereto revoke any prior oral or written
agreements between themselves and agree that this Contract is the only and complete agreement
regarding the subject hereof.
CITY OF HUGO
By: _____________________________
Title:
OTTER LAKE ANIMAL CARE CENTER
By: _____________________________
Title:
1
Animal Control Agreement
THIS AGREEMENT, made ______ of day of _________ 20__, by Companion Animal
Control LLC., 457 Sixth Street North, Bayport, MN 55003, hereinafter referred to as “Humane
Officer” or “Contractor”, and the City of Hugo, Minnesota hereinafter referred to as “City”.
Whereas, the City is desirous of utilizing an independent contractor to perform certain
animal control services as provided herein. Otter Lake Animal Hospital hereinafter referred to as
impound facility.
WITNESSETH, that the Humane Officer and the City, for the consideration stated herein,
mutually agree as follows:
1. STATEMENT OF WORK: Humane Officer shall furnish all labor, equipment, and
services performed for the duty as humane officer for the City, as set forth below in an
efficient and workmanlike manner in accordance with this Agreement. Humane Officer
shall comply with all federal, state and local laws and ordinances in performing the
duties herein.
2. FEE FOR SERVICE: The City will pay the Humane Officer for performance of this
Contract, in current funds for the services set forth herein:
a. A monthly 24 hour per day, 7 day a week availability retainer of Eighty Dollars
($80.00) per month for the recovery of contained dogs as directed by the
members of the Washington County Sheriff’s Office, City Council, City Clerk
(as a licensing official), or City Administrator.
b. Ninety Five ($95.00) + mileage fee per dog recovered and delivered to impound
facility during regular business hours defined as 7 AM – 7 PM, or returned to
owner.
2
c. Sixty Five Dollar ($65.00) fee per extra dog recovered and delivered to
impound facility between 7 AM and before 7 PM, or return to owner.
d. Additional fee of Twenty Dollars ($20.00) fee per dog recovered and delivered
to impound facility between 7 PM and before 7 AM, or returned to owner.
e. Additional Twenty Dollar ($20.00) fee per dog recovered and delivered to
impound facility or returned to owner on one of the following holidays: Easter,
Memorial Day, Labor Day, Thanksgiving, Christmas Eve, Christmas Day,
Independence Day, New Year’s Eve and New Year’s Day.
f. When requested by City, the Humane Officer will be available to schedule
kennel inspections for current kennel license holders and to inspect properties
to approve kennel licensures. City will reimburse Humane Officer for mileage
at current IRS rate and twenty five dollars ($25.00) per hour.
3. CONTRACTOR’S DUTIES:
a. If the rightful owner of an animal is located by the Humane Officer at the time
of animal pick-up and the animal is returned to owner by Humane Officer
(within reasonable transportation range) the fees stated above apply.
b. In the event that a dog is brought to impound facility for impound as a stray at
large or bite-quarantine by a member of the public, the impound facility may
contact Humane Officer to request a "sign off" on the animal so that it may full
fill any arrangements agreed upon between impound facility and the City as a
"seized animal". Humane Officer will go to said facility and sign off on the
impounding of the animal, the fees stated above in sections B, C and D and E
will apply in these circumstances. During this time all animal information will
3
be collected, finder information and the animal will be posted in accordance
with Section 3.
c. The Humane Officer will be required to collect and transport contained dogs
only. The Humane Officer will not carry or utilize a firearm in the course of
her work unless approved in writing by the City. Humane Officer will however
be allowed to carry and utilize mace on a dangerous dog if the situation arises
where safety is in serious question as determined by the Humane Officer.
d. Invoices and requests for payment shall be in a form approved by the City and
shall be processed in accordance with the City’s routine monthly payment
schedules.
e. Mileage will be billed at current IRS Mileage Rates from starting point when
call is received, during call and then return back to starting point.
f. Humane Officer shall, upon request of the members of the Washington County
Sheriff’s Department Office, City Council, City Clerk, or the City
Administrator, take all reasonable steps to take into custody and dog deemed to
be at large or in violation of any City Ordinance or Minnesota State Statute. All
apprehension of dogs directed by the aforementioned shall be treated humanely.
g. Every reasonable effort shall be made to return the animal to its rightful owner,
at which time owner information will be collected to facilitate the City to issue
a citation for violation of the City’s leash law as it deems necessary. In the
event that the animal cannot be returned to its owner, the animal shall be
delivered into the custody of impound facility as designated by the City. The
Humane Officer agrees to comply with all state laws regarding waiting periods.
4
Once released to impound facility the animal becomes the sole responsibility of
the facility.
h. In the circumstance that a citizen contests a citation and a court appearance is
required by Humane Officer or Humane Officer is requested to attend a meeting
the City will reimburse Humane Officer for mileage at the current IRS rate and
will compensate Humane Officer time spent involved in such a case at a rate of
$25.00 per hour.
i. The Humane Officer shall supervise the publication of notice when an animal
has been picked up on the "Companion Animal Control LLC" Facebook
website. The publication of an animal impounded will be the responsibility of
impound facility, as such should be outlined in the City's contract with the
impound facility. Humane Officer will include in all monthly invoices a listing
and description of all dogs impounded. The Humane Officer will also obtain
owner information from the impound facility in the circumstance that a dog is
reclaimed by an owner, this information will be included with the monthly
invoices as well.
j. In the rare circumstance that an animal is severely injured enough that it would
be considered inhumane, as determined by the Humane Officer, to leave the
animal at the designated impound facility until staff arrive then the animal is to
be brought to Animal Emergency & Referral Center of Minnesota in Oakdale,
Minnesota. All expenses resulting from care of said animal will be primarily
the responsibility of the owner, if located, and then the City. Should this
circumstance occur, City Administrator Bryan Bear will be notified by Humane
Officer at bbear@ci.hugo.mn.us email address so that he/she may address the
5
issue accordingly. In the event that the rightful owner is contacted for said
animal, recovery of any and all expenses from the owner is the sole
responsibility of the City. Further, Humane Officer is not responsible for any
outcome of the animal resulting from the injury, including death, but will make
every reasonable effort to properly care for such an animal prior to and during
transfer of the animal to the designated veterinary clinic stated above.
k. Humane Officer shall maintain reasonably adequate books and records of its
activities hereunder and make those available to the City upon request.
l. If requested by either party the Humane Officer and the City shall conduct an
annual review for the purpose of determining the effectiveness of the animal
control program, review program costs and implement continuous
improvement measures.
m. Humane Officer shall assist the City in its construction of all animal-related
ordinances or procedures to insure humane treatment.
n. Humane Officer will, free of additional charge, take all calls from City citizens
and reply back in a timely manner regarding animal husbandry, ordinances,
licensing, adoption, surrender, spay/neutering, etc. Humane Officer will not
provide any veterinary advice and instead will refer citizen to a licensed
veterinarian or veterinary clinic. Humane Officer will also be available for
public speaking if requested by City in an effort to supply educational
opportunities to City citizens. City will reimburse mileage traveled at current
IRS rate and will compensate Humane Officer time at a rate of twenty five
$25.00 per hour.
6
4. CITY’S DUTIES:
a. City agrees to pay billed fees and expenses within two weeks of billing by
Humane Officer.
b. City agrees to hold Humane Officer harmless against all claims, losses, causes
of action, and expenses, including legal expenses, relative to Humane Officer’s
performance of this Contract. Humane Officer shall not be liable for any
actions or results of actions by any animal in the presence of or being handled
by Humane Officer, including but not limited to biting, scratching, destruction
of property, injury to a person or another animal.
5. INDEMNIFICATION:
a. Humane Officer, on behalf of herself and her insurers, agrees to indemnify and
hold the City harmless against all claims, losses, causes of action, and expenses,
including legal expenses, relative to Humane Officer’s performance of this
Contract. The City shall not be liable for any loss suffered by the Humane
Officer due to personal injury or because of damage to, or destruction of, any
property, or any loss of profits or other consequential damage or any
inconveniences resulting from the theft, damage to, or destruction of personal
property. City may, at its option, but with no obligation to do so, obtain
insurance covering Humane Officer against liability to third parties relative to
Humane Officer’s performance of this Contract. Humane Officer shall be solely
responsible for obtaining at her own expense, any insurance coverage which
she may desire insuring herself against personal injury, liability or property
damage.
7
b. Humane Officer shall indemnify and defend the City with respect to all claims,
demands, losses, lawsuits settlements, penalties and other charges arising out
of or relating to the acts of the contractor arising out of or relating to its work
for the City including reasonable attorney’s fees.
c. Humane Officer shall comply with the Minnesota Data Practices Act and all
other state and federal laws relating to data privacy or confidentiality. Humane
Officer will immediately report to the City any requests from third parties for
information. The City will immediately notify Humane Officer of any requests
from third parties or the City for information.
5. LEGAL STATUS:
a. The parties agree that the Humane Officer is in full control of the manner in
which the work is pursued and the Humane Officer shall not receive health
insurance, worker’s compensation insurance, salary, retirement benefits, PERA
benefits, or any other fringe benefits offered to employees of the City and shall,
in all respects be deemed an Independent Contractor.
6. TERMINATION:
It is further agreed that this in a case of violation, breach or non-performance
by Contractor or by City of any of the agreements contained in this Contract,
both City and Contractor shall have the right to declare this Contract null and
void upon written 30 day notice.
7. REPRESENTATION:
The Contractor represents that she contractually employs others who are
properly trained to perform the Contract under her direction and only when
absolutely necessary.
8
8. TERM:
This Contract shall become effective upon its execution by both parties and
continue month to month, subject to termination upon 30-day advance written
notification of termination by either party. No amendment or modification of
this Contract shall be effective unless made in writing and signed by both the
City and the Contractor. All provisions of this agreement relating to insurance,
indemnity and compliance with the Minnesota Data Practices act shall survive
termination to the full extent needed for the protection of the City.
IN WITNESS THEREOF, the parties have executed this Contract as the City of Hugo,
Minnesota, on the day and year first above written.
_____________________________
Contractor
CITY OF HUGO
By:___________________________
Mayor
Attested by:
__________________________________
City Clerk
Memorandum
To: Mayor and Council
From: City Clerk Michele Lindau
Date: December 28, 2021 for the City Council Meeting on January 3, 2022
Re: Amendments to Tobacco Ordinance to Align with Tobacco 21 Laws and State Statute
BACKGROUND
A new state law reinforces a Federal law enacted December, 2019, raising the minimum tobacco
sales age from 18 to 21. In addition, the law provides several changes in penalties related to the
sale of tobacco products to people under 21 and the process by which a city enforces tobacco
licensing requirements. Cities that license tobacco retailers must comply with the new law and
adjust their enforcement practices accordingly. The new state law became effective Aug. 1,
2020.
Key provisions of the law are listed below along with proposed ordinance changes to address
them.
Raise the minimum sales age to 21.
The ordinance currently prohibits sales to minors as defined as persons under the age of 18.
Proposed revisions to the ordinance would raise the minimum age to purchase to 21 years.
Remove penalties for the underage possession, purchase, and use of tobacco products.
The current tobacco ordinance deems it a misdemeanor for possession, use or procurement of
tobacco products by minors. Washington County Sheriff’s Office has been addressing underage
use through the Youth Service Bureau programs. State law has removed the penalties citing no
strong evidence to support an assertion that penalties are effective in significantly reducing youth
smoking. Furthermore, many advocates are concerned that these penalties open the door to
selective enforcement against youth from certain racial, ethnic, and socio-economic groups. It is
recommended that jurisdictions that currently have penalties no longer aligning with state law
consider removing those penalties from their ordinance.
Staff is recommending alternative penalties be included in the ordinance where law enforcement
and court system representatives consult, as applicable, with interested persons, including but not
limited to parents, guardians, educators, and persons under the age of 21 years, to develop
alternative civil penalties that would include tobacco-free education programs, community
service, court diversion programs, and tobacco cessation programs, and for persons under the age
of 18 years, notice to schools and to parents or guardians.
Require compliance check decoys to be between 17 and 20 years old.
A state-mandated compliance check must be done at least once a year and must involve persons
at least 17 years of age, but under the age of 21. The proposed amended ordinance has changed
the language to specify the required age for decoys.
Increase penalties for establishments that sell tobacco to those under 21.
As of August 1, 2020, state law set a minimum fine schedule for underage sales or other
ordinance violations by licensed tobacco retailers at: $300 for a first violation, $600 for a second
violation within 36 months, and $1,000 for a third or subsequent violation within 36 months.
Upon the third or subsequent violation within 36 months of the first violation, state law requires
a suspension of at least seven days and allows for license revocation.
The fee schedule adopted by Council on December 20, 2021 has raised the fine amounts to the
minimum required by state law and changed the subsequent violations to be those occurring
within a 36-consecutive month period instead of 24-consecutive month period, as required by
law.
RECOMMENDATION
Staff recommends Council approve the attached revised tobacco ordinance.
‐ CODE OF ORDINANCES
Chapter 38 ‐ HEALTH AND HUMAN SERVICES
ARTICLE III. ‐ TOBACCO
DIVISION 1. GENERALLY
Hugo, Minnesota, Code of Ordinances Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 1 of 6
DIVISION 1. GENERALLY
Sec. 38‐44. Purpose.
(a) Because the city recognizes that many persons under the age of 18 21 years purchase or
otherwise obtain, possess and use tobacco, tobacco products tobacco‐related devices, and nicotine or lobelia
delivery devices, and because studies, which the city hereby accepts and adopts, have shown that most smokers
begin smoking before they have reached the age of 18 21 years and that those persons who reach the age of 18 21
years without having started smoking are significantly less likely to begin smoking; and because smoking has been
shown to be the cause of several serious health problems which subsequently place a financial burden on all levels
of government; this article shall be intended to regulate the sale, possession, and use of tobacco, tobacco
products, tobacco‐related devices, and nicotine or lobelia delivery devices for the purpose of enforcing and
furthering existing laws, to protect minors persons under the age of 21 against the serious effects associated with
the illegal use of tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices, and
to further the official public policy of the state in regard to preventing young people from starting to smoke as
stated in Minn. Stats. § 144.391.
(b) The city has relied upon the following sources: Preventing Tobacco Use Among Young People, A Report of
the Surgeon General; Youth Access to Tobacco ‐ Summary Points, Youth and Elders Against Tobacco Use;
Stillwater Area School District Cigarette Use Statistics; Youth Access to Tobacco, Minnesota Assist; Tobacco
Sales to Youth and Nicotine Addiction in Adolescence, both by the Centers for Disease Control and
Prevention.
Sec. 38‐45. Definitions and interpretations.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them
in this section, except where the context clearly indicates a different meaning:
Compliance checks means the system the city uses to investigate and ensure that those authorized to sell
tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices are following and
complying" with the requirements of this article. Compliance checks may involve the use of minors as authorized
by this article.
Individually packaged means the practice of selling any tobacco or tobacco product wrapped individually for
sale. Individually wrapped tobacco and tobacco products shall include, but not be limited to, single cigarette packs,
single bags or cans of loose tobacco in any form, and single cans or other packaging of snuff or chewing tobacco.
Cartons or other packaging containing more than a single pack or other container as described in this section shall
not be considered individually packaged.
Loosies means the common term used to refer to a single or individually packaged cigarette.
Minor means any natural person who has not yet reached the age of 18 years.
Moveable place of business shall refer to any form of business operated out of a truck, van, automobile, or
other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of
structure authorized for sales transactions.
Nicotine or lobelia delivery devices means any product containing or delivering nicotine or lobelia intended
for human consumption, or any part of such a product, that is not tobacco as defined by Minn. Stats. § 609.685.
Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 2 of 6
Retail establishment means any place of business where tobacco, tobacco products, tobacco‐related devices,
or nicotine or lobelia delivery devices are available for sale to the general public. Retail establishments shall
include, but not be limited to, grocery stores, convenience stores, restaurants and bars.
Sale means any transfer of goods for money, trade, barter or other consideration.
Self‐service merchandising means open displays of tobacco, tobacco products tobacco‐related devices, or
nicotine or lobelia delivery devices in any way where any person shall have access to the product without the
assistance or intervention of an employee of the premises maintaining the self‐service merchandising. Self‐service
merchandising shall not include vending machines.
Tobacco or tobacco‐related products means cigarettes; cigars; cheroots; stogies; perique; granulated, plug
cut, crimp cut, ready rubbed, and other smoking tobacco; snuff; snuff flour; cavendish; plug and twist tobacco; fine
cut and other chewing tobaccos; shorts; refuse scraps, clippings, cuttings and sweepings of tobacco; and other
kinds and forms of tobacco, prepared in such manner as to be suitable for chewing or smoking in a pipe or other
tobacco‐related devices.
Tobacco‐related devices means any tobacco product as well as a pipe, rolling papers, or other device used in
a manner which enables the chewing, sniffing or smoking of tobacco or tobacco products.
Vending machine means any mechanical, electric or electronic, or other type of device which dispenses
tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices upon the insertion of
money, tokens, or other form of payment directly into the machine by the person seeking to purchase the tobacco,
tobacco product tobacco‐related device, or nicotine or lobelia delivery devices.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐46. Exceptions and defenses.
Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco‐related devices to
a minor person under the age of 21 as part of a lawfully recognized religious, spiritual or cultural ceremony. It shall
be an affirmative defense to the violation of this article for a person to have reasonably relied on proof of age as
described by state law.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐47. Violations and penalties.
(a) Criminal penalty. Any person, firm or corporation violating any of the provisions of this article shall be guilty
of a misdemeanor unless otherwise noted.
(b) Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses issued hereunder. If a
licensee or employee of a licensee sells, gives, or otherwise furnishes tobacco, tobacco‐related devices,
electronic delivery devices, or nicotine or lobelia delivery products to a person under the age of 21 years, or
violates any other provision of this article, the licensee shall be charged a civil penalty. If a retail
establishment has its tobacco license suspended pursuant to a hearing conducted under the provisions of
chapter 42, article II, that retail establishment shall, during the period of suspension, remove all tobacco,
tobacco products and tobacco‐related devices, and nicotine or lobelia delivery devices away from public
view.
(c) Schedule of offenses and penalties. Penalties pursuant to state statutes. Civil penalties shall be in the amount
set forth in the fee schedule. This amount shall be calculated as against all offenses occurring within a 2436‐
consecutive month period from the date of the most recent violation. Any violation having occurred beyond
24 36 consecutive months prior to the most recent violation shall not be counted in terms of imposing the
Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 3 of 6
fee. Fines shall be paid within 60 days of the time of issuance of the notice. The penalty shall be made
payable to "The City of Hugo" and may be paid in person or by mail.
(d) Alternative Penalties. Law enforcement and court system representatives shall consult, as applicable, with
interested persons, including but not limited to parents, guardians, educators, and persons under the age of
21 years, to develop alternative civil penalties for persons under the age of 21 years who violate this article.
Consulting participants shall consider a variety of alternative civil penalties including but not limited to
tobacco‐free education programs, community service, court diversion programs, and tobacco cessation
programs, and for persons under the age of 18 years, notice to schools and to parents or guardians.
Alternative civil penalties developed under this subdivision shall not include fines or monetary penalties.
Sec. 38‐48. Responsibility.
All licensees under this article shall be responsible for the actions of their employees in regard to the sale of
tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices on the licensed
premises, and the sale of such an item by an employee shall also be considered a sale by the license holder, and
each can be held responsible for any criminal and/or civil penalties imposed herein.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐49. Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police, county sheriff's officers or other
authorized city official during regular business hours. From time to time, but at least once per year, the city shall
conduct compliance checks by engaging minors persons at least 17 years of age, but under the age of 21, to enter
the licensed premises to attempt to purchase tobacco, tobacco products, tobacco‐related devices, or nicotine or
lobelia delivery devices Minors. Persons used for the purpose of compliance checks shall not be guilty of unlawful
possession of tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices when
such items are obtained as a part of the compliance check. Retail establishments possessing a class A license shall
be subject to at least two compliance checks per year.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐50. Prohibited sales.
It shall be a violation of this article for any person to sell or offer to sell any tobacco, tobacco product,
tobacco‐related device, or nicotine or lobelia delivery devices:
(1) To any person under the age of 18 21 years.
(2) By means of any type of vending machine. This subsection does not apply to vending machines in
facilities that cannot be entered at any time by persons younger than 18 21 years of age.
(3) As a single package of cigarettes or smokeless tobacco in open displays that are accessible to the public
without the intervention of a store employee.
(4) By means of "loosies" as defined in section 38‐45 of this article.
(5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana, or other type of
a deleterious, hallucinogenic, or toxic or controlled substance, except nicotine, and not naturally found
in tobacco or tobacco products.
(6) By any other means or to any other person, prohibited by federal, state or other local law, ordinance
provision, or other regulation.
Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 4 of 6
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐51. Storage of products.
All tobacco, tobacco products, tobacco‐related devices, and nicotine or lobelia delivery devices shall either
be stored behind a counter or other area not freely accessible to customers, or in a case or other storage unit not
left open and accessible to the general public.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐52. Other illegal acts.
Unless otherwise provided, the following acts shall be a violation of this article but not considered a
misdemeanor offence. Violation of this section will result in alternative penalties as stated in Section 38‐47 :
(1) Illegal possession. It shall be a violation of this article for any minor person under the age of 21 to have
in his or her possession any tobacco, tobacco product, tobacco‐related device, or nicotine or lobelia
delivery devices. This subsection (1) shall not apply to minors persons lawfully involved in a compliance
check on behalf of the city.
(2) Illegal use. It shall be a violation of this article for any minor person under the age of 21 to smoke,
chew, sniff, or otherwise use any tobacco, tobacco product, tobacco‐related device, or nicotine or
lobelia delivery devices.
(3) Illegal procurement. It shall be a violation of this article for any minor person under the age of 21 to
purchase or attempt to purchase or otherwise obtain any tobacco, tobacco product, tobacco‐related
device, or nicotine or lobelia delivery devices and it shall be a violation of this article for any person to
purchase or otherwise obtain such items on behalf of a minorperson under the age of 21. It shall also
be a violation of this article for any person to sell or otherwise provide any tobacco, tobacco product,
tobacco‐related device, or nicotine or lobelia delivery device to any minorperson under the age of 21,
and it shall further be a violation for any person to coerce or attempt to coerce a minorperson under
the age of 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco product, tobacco‐
related device, or nicotine or lobelia delivery devices. This subsection (3) shall not apply to
minorpersons under the age of 21 lawfully involved in a compliance check on behalf of the city.
(4) Use of false identification. It shall be a violation of this article for any minorperson under the age of 21
to attempt to disguise his or her true age by the use of a false form of identification, whether the
identification is that of another person or one on which the age of the person has been modified or
tampered with to represent an age older than the actual age of the person. This subsection (4) shall not
apply to minorpersons under the age of 21 lawfully involved in a compliance check on behalf of the
city.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐53. Signage.
Anyone holding a tobacco license under the provisions of this article shall post and display in plain view of
the general public on the licensed premises a sign indicating that it is illegal to sell tobacco, tobacco products,
tobacco‐related devices, and nicotine or lobelia delivery devices to anyone under the age of 18 21 years. and that
the possession and use of such items by minors is also illegal under both state law and local ordinance.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
‐ CODE OF ORDINANCES
Chapter 38 ‐ HEALTH AND HUMAN SERVICES
ARTICLE III. ‐ TOBACCO
DIVISION 2. LICENSE
Hugo, Minnesota, Code of Ordinances Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 5 of 6
38‐79. Reserved.
DIVISION 2. LICENSE
Sec. 38‐80. License.
No person shall sell or offersales or offers to sell any tobacco, tobacco products, tobacco‐related device, or
nicotine or lobelia delivery device shall be done without first having obtained a license to do so from the city.
(1) Application. An application for a license to sell tobacco, tobacco products, tobacco‐related devices, or
nicotine or lobelia delivery devices shall be made on a form provided by the city. The application shall
contain the full name of the applicant, the applicant's residential and business addresses and
telephone numbers, the name of the business for which the license is sought, and any additional
information the city deems necessary. Upon receipt of a completed application, the city clerk shall
forward the application to the council for action at its next regularly scheduled council meeting. If the
clerk shall determine that an application is incomplete, he shall return the application to the applicant
with notice of the information necessary to make the action complete.
(2) Action. The council may either approve or deny the license, or it may delay action for such reasonable
period of time as necessary to complete any investigation of the application or the applicant it deems
necessary. If the council shall approve the license, the clerk shall issue the license to the applicant. If
the council denies the license, notice of the denial shall be given to the applicant along with notice of
the applicant's right to appeal the council's decision.
(3) Term. All licenses issued under this article shall be valid for one calendar year, or remainder of year, to
expire December 31 of each year.
(4) Revocation or suspension. Any license issued under this division may be revoked or suspended as
provided in the violations and penalties section, 38‐47 of this article.
(5) Transfers. All licenses issued under this article shall be valid only on the premises for which the license
was issued and only for the person to whom the license was issued. No transfer of any license to
another location or person shall be valid without the prior approval of the council.
(6) Moveable place of business. No license shall be issued to a moveable place of business. Only fixed
location businesses shall be eligible to be licensed under this division.
(7) Display. All licenses shall be posted and displayed in plain view of the general public on the licensed
premises.
(8) Renewals. The renewal of a license issued under this section shall be handled in the same manner as
the original application. The request for a renewal shall be made at least 30 days but no more than 60
days before the expiration of the current license. The issuance of a license issued under this division
shall be considered a privilege and not an absolute right of the applicant and shall not entitle the
holder to an automatic renewal of the license.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Created: 2021‐07‐21 11:43:46 [EST]
(Supp. No. 28)
Page 6 of 6
Sec. 38‐81. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in full. Fees shall be
set from time to time by the city council. A class A tobacco license shall be required for any retail establishment
which sells tobacco, tobacco products, tobacco‐related devices, or nicotine or lobelia delivery devices in cartons or
other packaging containing more than a single pack or other container as described in section 38‐45 of this article
and shall be required for any retail establishment selling only individually packaged tobacco or tobacco products
wrapped individually for sale.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
Sec. 38‐82. Basis for denial of license.
The following shall be grounds for denying the issuance or renewal of a license under this division, and if a
license is mistakenly issued or renewed to a person, it shall be revoked upon the discovery that the person was
ineligible for the license under this article:
(1) Underage. The applicant is under the age of 18of 21 years.
(2) Prior conviction. The applicant has been convicted within the past five years of any violation of a
federal, state, or local law, ordinance provision, or other regulation relating to tobacco, tobacco
products, tobacco‐related devices, or nicotine or lobelia delivery devices.
(3) Prior revocation. The applicant has had a license to sell tobacco, tobacco products, tobacco‐related
devices, or nicotine or lobelia delivery devices revoked, in this city or at any other place, within the
preceding 12 months of the date of application.
(4) Information lacking, false or misleading. The applicant fails to provide any information required on the
application, or provides false or misleading information.
(5) Otherwise prohibited. The applicant is prohibited by federal, state or other local law, ordinance, or
other regulation, from holding such a license.
(Ord. No. 2012‐463, § 1, 3‐5‐2012)
ORDINANCE 2022-
AN ORDINANCE AMENDING CHAPTER 38 – HEALTH AND HUMAN SERVICES,
ARTICLE III TOBACCO, TO ALIGN WITH THE FEDERAL T21 LAWS AND MN
STATE STATUTE 461.12
A new state law reinforces a federal law enacted December, 2019, raising the minimum tobacco
sales age from 18 to 21. In addition, the law provides several changes in penalties related to the
sale of tobacco products to people under 21 and the process by which a city enforces tobacco
licensing requirements. Cities that license tobacco retailers must comply with the new law and
adjust their enforcement practices accordingly.
THE CITY OF HUGO ORDAINS:
Section 1. The City Council of the City of Hugo does hereby amend Chapter 38, Article III, to
revise the following sections of Chapter 38 HEALTH AND HUMAN SERVICES, ARTICLE
III, TOBACCO, to read as follows:
Sec. 38-44. Purpose.
Because the city recognizes that many persons under the age of 21 years purchase or
otherwise obtain, possess and use tobacco, tobacco products tobacco-related devices, and
nicotine or lobelia delivery devices, and because studies, which the city hereby accepts and
adopts, have shown that most smokers begin smoking before they have reached the age of 21
years and that those persons who reach the age of 21 years without having started smoking are
significantly less likely to begin smoking; and because smoking has been shown to be the cause
of several serious health problems which subsequently place a financial burden on all levels of
government; this article shall be intended to regulate the sale, possession, and use of tobacco,
tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices for the
purpose of enforcing and furthering existing laws, to protect persons under the age of 21 against
the serious effects associated with the illegal use of tobacco, tobacco products, tobacco-related
devices, and nicotine or lobelia delivery devices, and to further the official public policy of the
state in regard to preventing young people from starting to smoke as stated in Minn. Stats. §
144.391.
Sec. 38-46. Exceptions and defenses.
Nothing in this article shall prevent the providing of tobacco, tobacco products, or tobacco-
related devices to a person under the age of 21 as part of a lawfully recognized religious, spiritual
or cultural ceremony. It shall be an affirmative defense to the violation of this article for a person
to have reasonably relied on proof of age as described by state law.
Sec. 38-47. Violations and penalties.
(a) Criminal penalty. Any person, firm or corporation violating any of the provisions of this
article shall be guilty of a misdemeanor unless otherwise noted.
Ordinance 2022- Tobacco Ordinance - Revised
Page 2 of 5
(b) Civil penalty. The provisions of chapter 42, article II, shall apply to any and all licenses
issued hereunder. If a licensee or employee of a licensee sells, gives, or otherwise furnishes
tobacco, tobacco-related devices, electronic delivery devices, or nicotine or lobelia delivery
products to a person under the age of 21 years, or violates any other provision of this article,
the licensee shall be charged an civil penalty. If a retail establishment has its tobacco
license suspended pursuant to a hearing conducted under the provisions of chapter 42,
article II, that retail establishment shall, during the period of suspension, remove all
tobacco, tobacco products and tobacco-related devices, and nicotine or lobelia delivery
devices away from public view.
(c) Schedule of offenses and penalties. Penalties pursuant to state statutes. Civil penalties shall
be in the amount set forth in the fee schedule. This amount shall be calculated as against all
offenses occurring within a 36-consecutive month period from the date of the most recent
violation. Any violation having occurred beyond 36 consecutive months prior to the most
recent violation shall not be counted in terms of imposing the fee. Fines shall be paid within
60 days of the time of issuance of the notice. The penalty shall be made payable to "The
City of Hugo" and may be paid in person or by mail.
(d) Alternative Penalties. Law enforcement and court system representatives shall consult, as
applicable, with interested persons, including but not limited to parents, guardians,
educators, and persons under the age of 21 years, to develop alternative civil penalties for
persons under the age of 21 years who violate this article. Consulting participants shall
consider a variety of alternative civil penalties including but not limited to tobacco-free
education programs, community service, court diversion programs, and tobacco cessation
programs, and for persons under the age of 18 years, notice to schools and to parents or
guardians. Alternative civil penalties developed under this subdivision shall not include
fines or monetary penalties.
Sec. 38-49. Compliance checks and inspections.
All licensed premises shall be open to inspection by the city police, county sheriff's officers
or other authorized city official during regular business hours. From time to time, but at least
once per year, the city shall conduct compliance checks by engaging persons at least 17 years of
age, but under the age of 21, to enter the licensed premises to attempt to purchase tobacco,
tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices. Persons used
for the purpose of compliance checks shall not be guilty of unlawful possession of tobacco,
tobacco products, tobacco-related devices, or nicotine or lobelia delivery devices when such
items are obtained as a part of the compliance check.
Sec. 38-50. Prohibited sales.
It shall be a violation of this article for any person to sell or offer to sell any tobacco,
tobacco product, tobacco-related device, or nicotine or lobelia delivery devices:
(1) To any person under the age of 21 years.
(2) By means of any type of vending machine. This subsection does not apply to vending
machines in facilities that cannot be entered at any time by persons younger than 21
years of age.
Ordinance 2021- Tobacco Ordinance Revisions
Page 3 of 5
3
(3) As a single package of cigarettes or smokeless tobacco in open displays that are
accessible to the public without the intervention of a store employee.
(4) By means of "loosies" as defined in section 38-45 of this article.
(5) Containing opium, morphine, jimson weed, belladonna, strychnos, cocaine, marijuana,
or other type of a deleterious, hallucinogenic, or toxic or controlled substance, except
nicotine, and not naturally found in tobacco or tobacco products.
(6) By any other means or to any other person, prohibited by federal, state or other local
law, ordinance provision, or other regulation.
Sec. 38-52. Other illegal acts.
Unless otherwise provided, the following acts shall be a violation of this article but not
considered a misdemeanor offence. Violation of this section will result in alternative penalties as
stated in Section 38-47:
(1) Illegal possession. It shall be a violation of this article for any person under the age of
21 to have in his or her possession any tobacco, tobacco product, tobacco-related
device, or nicotine or lobelia delivery devices. This subsection (1) shall not apply to
persons lawfully involved in a compliance check on behalf of the city.
(2) Illegal use. It shall be a violation of this article for any person under the age of 21 to
smoke, chew, sniff, or otherwise use any tobacco, tobacco product, tobacco-related
device, or nicotine or lobelia delivery devices.
(3) Illegal procurement. It shall be a violation of this article for any person under the age
of 21 to purchase or attempt to purchase or otherwise obtain any tobacco, tobacco
product, tobacco-related device, or nicotine or lobelia delivery devices and it shall be a
violation of this article for any person to purchase or otherwise obtain such items on
behalf of a person under the age of 21. It shall also be a violation of this article for any
person to sell or otherwise provide any tobacco, tobacco product, tobacco-related
device, or nicotine or lobelia delivery device to any person under the age of 21, and it
shall further be a violation for any person to coerce or attempt to coerce a person under
the age of 21 to illegally purchase or otherwise obtain or use any tobacco, tobacco
product, tobacco-related device, or nicotine or lobelia delivery devices. This subsection
(3) shall not apply to persons under the age of 21 lawfully involved in a compliance
check on behalf of the city.
(4) Use of false identification. It shall be a violation of this article for any person under the
age of 21 to attempt to disguise his or her true age by the use of a false form of
identification, whether the identification is that of another person or one on which the
age of the person has been modified or tampered with to represent an age older than
the actual age of the person. This subsection (4) shall not apply to persons under the
age of 21 lawfully involved in a compliance check on behalf of the city.
Sec. 38-53. Signage.
Anyone holding a tobacco license under the provisions of this article shall post and display
in plain view of the general public on the licensed premises a sign indicating that it is illegal to
Ordinance 2021- Tobacco Ordinance Revisions
Page 4 of 5
4
sell tobacco, tobacco products, tobacco-related devices, and nicotine or lobelia delivery devices
to anyone under the age of 21 years.
Sec. 38-80. License.
No sales or offers to sell any tobacco, tobacco products, tobacco-related device, or nicotine
or lobelia delivery device shall be done without first having obtained a license to do so from the
city.
(1) Application. An application for a license to sell tobacco, tobacco products, tobacco-
related devices, or nicotine or lobelia delivery devices shall be made on a form
provided by the city. The application shall contain the full name of the applicant, the
applicant's residential and business addresses and telephone numbers, the name of the
business for which the license is sought, and any additional information the city deems
necessary. Upon receipt of a completed application, the city clerk shall forward the
application to the council for action at its next regularly scheduled council meeting. If
the clerk shall determine that an application is incomplete, he shall return the
application to the applicant with notice of the information necessary to make the action
complete.
(2) Action. The council may either approve or deny the license, or it may delay action for
such reasonable period of time as necessary to complete any investigation of the
application or the applicant it deems necessary. If the council shall approve the license,
the clerk shall issue the license to the applicant. If the council denies the license, notice
of the denial shall be given to the applicant along with notice of the applicant's right to
appeal the council's decision.
(3) Term. All licenses issued under this article shall be valid for one calendar year, or
remainder of year, to expire December 31 of each year.
(4) Revocation or suspension. Any license issued under this division may be revoked or
suspended as provided in the violations and penalties section, 38-47 of this article.
(5) Transfers. All licenses issued under this article shall be valid only on the premises for
which the license was issued and only for the person to whom the license was issued.
No transfer of any license to another location or person shall be valid without the prior
approval of the council.
(6) Moveable place of business. No license shall be issued to a moveable place of
business. Only fixed location businesses shall be eligible to be licensed under this
division.
(7) Display. All licenses shall be posted and displayed in plain view of the general public
on the licensed premises.
(8) Renewals. The renewal of a license issued under this section shall be handled in the
same manner as the original application. The request for a renewal shall be made at
least 30 days but no more than 60 days before the expiration of the current license. The
issuance of a license issued under this division shall be considered a privilege and not
an absolute right of the applicant and shall not entitle the holder to an automatic
renewal of the license.
Ordinance 2021- Tobacco Ordinance Revisions
Page 5 of 5
5
Sec. 38-81. Fees.
No license shall be issued under this article until the appropriate license fee shall be paid in
full. Fees shall be set from time to time by the city council.
Sec. 38-82. Basis for denial of license.
The following shall be grounds for denying the issuance or renewal of a license under this
division, and if a license is mistakenly issued or renewed to a person, it shall be revoked upon the
discovery that the person was ineligible for the license under this article:
(1) Underage. The applicant is under the age of 21 years.
(2) Prior conviction. The applicant has been convicted within the past five years of any
violation of a federal, state, or local law, ordinance provision, or other regulation
relating to tobacco, tobacco products, tobacco-related devices, or nicotine or lobelia
delivery devices.
(3) Prior revocation. The applicant has had a license to sell tobacco, tobacco products,
tobacco-related devices, or nicotine or lobelia delivery devices revoked, in this city or
at any other place, within the preceding 12 months of the date of application.
(4) Information lacking, false or misleading. The applicant fails to provide any
information required on the application, or provides false or misleading information.
(5) Otherwise prohibited. The applicant is prohibited by federal, state or other local law,
ordinance, or other regulation, from holding such a license.
Section 2. 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 3. Effective Date. This amendment shall take effect upon its passage and publication.
ADOPTED by the City Council this 3rd day of January, 2022
______________________________
Tom Weidt, Mayor
ATTEST:
_____________________________
Michele Lindau, City Clerk
SUMMARY ORDINANCE 2022-
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE
OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE
ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL
DURING REGULAR BUSINESS HOURS.
SUMMARY OF AMENDED TOBACCO ORDINANCE:
CHAPTER 38-HEALTH AND HUMAN SERVICES, ARTICLE III TOBACCO, has been
revised to align with MN State Statute 461.12 by raising the minimum tobacco sales age from 18
to 21, changing penalties related to the sale of tobacco products to people under 21, and
amending the process by which the City enforces underage tobacco use and tobacco licensing
requirements.
Please note this title and summary of this Ordinance clearly informs the public of the intent and
affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective
the date that it is published.
The amended ordinance is available at City Hall for review.
Passed and adopted by the City Council of the City of Hugo this 3rd January, 2022.
___________________________
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: Kalpana and Tyler Schaubschlager – Encroachment agreement to allow a fence
within a drainage and utility easement.
DATE: December 27, 2021 for the City Council meeting of January 3, 2022.
ZONING: Single Family Detached Residential (R-3)
LAND USE: Low Density Residential (LD)
60-DAY REVIEW DEADLINE: February 13, 2022
1. DESCRIPTION OF REQUEST:
Kalpana and Tyler Schaubschlager have requested an encroachment agreement to allow
construction of a fence within a drainage and utility easement on property located at 5859 128th
Bay North. The Senior Engineering Technician has reviewed the location of the fence and is
comfortable with the request. The applicant is aware that there is an existing sewer line near the
proposed fence.
2. CONCLUSION/RECOMMENDATION:
Staff has reviewed the request and recommends that the City Council approve the encroachment
agreement for Kalpana and Tyler Schaubschlager, for property located at 5859 128th Bay North.
ATTACHMENTS:
1. Location Map
2. Encroachment Agreement Resolution
3. Encroachment Agreement
128th Alcove North128th Street North
128th Bay North5859 128th Bay N
Location Map
Hugo, MN
D&U Easem ent
Boundary
Site
Roads
Hugo Border
Parcel Boundary
¯0 50Feet1 in = 50 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2021\Kalpana Fence Agreement.mxdSite
RESOLUTION 2022-XX
APPROVING AN ENCROACHMENT AGREEMENT FOR KALPANA AND
TYLER SCHAUBSCHLAGER TO ALLOW CONSTRUCTION OF A FENCE
WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY
LOCATED AT 5859 128TH BAY NORTH.
WHEREAS, an application has been filed by Kalpana and Tyler Schaubschlager that
requests approval of an encroachment agreement to allow construction of a fence within a
drainage and utility easement on the property located at 5859 128th Bay North , legally
described as follows;
Lot 5, Block 1, WILDERNESS VIEW, 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 Kalpana and Tyler Schaubschlager on the property located at
5859 128th Bay North .
ADOPTED by the City Council this 3rd day of January, 2022.
________________________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made this ____ day of _______________, 2022, by and between the
CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Kalpana and Tyler
Schaubschlager, 5859 128th Bay North, Hugo, MN 55038 (hereinafter “Owner”), and their
successors in title.
WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”)
along the northerly and easterly portion of the Owner’s property, which property is legally described
as Lot 5, Block 1, WILDERNESS VIEW, 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. The property owner shall be responsible for locating property lines to ensure the fence is on
their property.
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 the Owner waives 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.
CITY OF HUGO
By By
Tom Weidt, Mayor Michele Lindau, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2022, before me, a Notary Public,
personally appeared TOM WEIDT, Mayor, and MICHELE LINDAU, City 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
STATE OF MINNESOTA )
) ss. (Individual Notary)
COUNTY OF WASHINGTON)
By By
Tyler Schaubschlager Kalpana Schaubschlager
On this _____ day of __________________, 2022, before me, a Notary Public,
personally appeared Tyler and Kalpana Schaubschlager who signed the foregoing instrument and
acknowledged said instrument to be his free act and deed.
__________________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
K:\015887-000\Admin\Construction Admin\Pay Vouchers\015887-000 PV4 LTR to City 123021.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM December 30, 2021
Mr. Bryan Bear
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: 2021 Downtown Improvement Project/Lions Park Project
City of Hugo
WSB Project No. 015887-000
Dear Mr. Bear:
Please find enclosed Construction Pay Voucher No. 4 for the above referenced project in the
amount of $1,506,125.98. The quantities completed to date have been reviewed and agreed
upon by the contractor, and we hereby recommend that the City of Hugo approve Construction
Pay Voucher No. 4 for Peterson Companies, Inc.
The amount indicated above reflects work certified through December 30, 2021, with a 5%
retainage applied. Please include one executed copy of the pay voucher with the payment to
Peterson Companies, Inc. and return one executed copy to our office for our file. If you have any
questions or comments regarding this voucher, please contact me at 651.286.8463.
Sincerely,
WSB
Mark Erichson, PE
Sr. Project Manager
Attachments
kkp
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 1 of 14
Client: City of Hugo Contractor: Peterson Companies, Inc.
14669 Fitzgerald Avenue North 8326 Wyoming Trail
Hugo, MN 55038 Chisago City, MN 55013
Contract Amount Funds Encumbered
Original Contract $6,229,214.96 Original $6,229,214.96
Contract Changes $0.00 Additional N/A
Revised Contract $6,229,214.96 Total $6,229,214.96
Work Certified To Date
Base Bid Items $3,519,317.92
Contract Changes $0.00
Material On Hand $0.00
Total $3,519,317.92
Work Certified
This Voucher
Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount
Paid To Date
$1,585,395.81 $3,519,317.92 $175,965.90 $1,837,226.04 $1,506,125.98 $3,343,352.02
Percent Retained: 5% Percent Complete: 56.5%
This is to certify that the items of work shown in this Pay Voucher have been actually furnished for the work comprising the above-
mentioned project in accordance with the plans and specifications heretofore approved.
Approved By WSB Approved By Peterson Companies, Inc.
Project Engineer
Date Date
Approved By City of Hugo
Date
WSB Project No.: 015887-000
Client Project No.:
State Project No.:
Federal Project No.:
December 30, 2021
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 2 of 14
Payment Summary
No. Up Through Date Work Certified
Per Voucher
Amount Retained
Per Voucher
Amount Paid
Per Voucher
1 08/10/21 $306,258.79 $15,312.94 $290,945.85
2 09/15/21 $611,982.71 $30,599.14 $581,383.57
3 10/14/21 $1,015,680.65 $50,784.03 $964,896.62
4 12/30/21 $1,585,395.77 $79,269.79 $1,506,125.98
Funding Category Name Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount Paid
To Date
Local $1,421,550.47 $71,077.53 $765,141.61 $585,331.33 $1,350,472.94
224-104-006 Roadway $779,046.91 $38,952.35 $561,184.59 $178,909.97 $740,094.56
224-104-006 Storm Sewer $290,107.09 $14,505.35 $271,528.65 $4,073.09 $275,601.74
224-111-001 Roadway $184,095.45 $9,204.78 $23,938.11 $150,952.56 $174,890.67
224-111-001 Storm Sewer $8,678.67 $433.93 $0.00 $8,244.74 $8,244.74
Lions Park $835,839.33 $41,791.96 $215,433.08 $578,614.29 $794,047.37
Accounting
Number Funding Source Amount Paid
This Voucher
Revised Contract
Amount
Funds
Encumbered
To Date
Paid Contractor
To Date
1 Local $585,331.33 $1,350,472.94
2 State $182,983.06 $1,015,696.30
3 State $159,197.30 $183,135.41
4 Local $578,614.29 $794,047.37
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
1 2021.501 MOBILIZATION LS $181,557.02 1 0 $0.00 0.5 $90,778.51
2 2021.601 CONTRACTOR COORDINATION L S $18,351.70 1 0.25 $4,587.93 1 $18,351.70
3 2101.505 CLEARING ACRE $8,332.50 0.44 0 $0.00 0.44 $3,666.30
4 2101.505 GRUBBING ACRE $2,020.00 0.44 0 $0.00 0.44 $888.80
5 2101.524 CLEARING TREE $252.50 65 0 $0.00 46 $11,615.00
6 2101.524 GRUBBING TREE $101.00 65 0 $0.00 46 $4,646.00
7 2102.503 PAVEMENT MARKING REMOVAL L F $10.10 70 0 $0.00 0 $0.00
8 2104.502 REMOVE SIGN EACH $25.25 23 0 $0.00 21 $530.25
9 2104.502 SALVAGE LIGHTING UNIT EACH $1,786.69 3 4 $7,146.76 4 $7,146.76
10 2104.503 SAWING CONCRETE PAVEMENT
(FULL DEPTH) L F $4.04 160 157 $634.28 157 $634.28
11 2104.503 SAWING BIT PAVEMENT (FULL
DEPTH) L F $2.37 3000 888 $2,104.56 1184 $2,806.08
12 2104.503 REMOVE CURB & GUTTER L F $1.74 2230 1130 $1,966.20 2298 $3,998.52
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 3 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
13 2104.503 SALVAGE FENCE L F $6.06 650 220 $1,333.20 460 $2,787.60
14 2104.504 REMOVE CONCRETE DRIVEWAY
PAVEMENT S Y $4.94 400 111 $548.34 192 $948.48
15 2104.504 REMOVE BITUMINOUS DRIVEWAY
PAVEMENT S Y $2.16 3200 1166 $2,518.56 2216 $4,786.56
16 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $2.12 16500 1215 $2,575.80 14631 $31,017.72
17 2104.518 REMOVE BITUMINOUS WALK S F $0.23 5000 352 $80.96 5412 $1,244.76
18 2104.518 REMOVE CONCRETE WALK S F $0.53 2810 2045 $1,083.85 2675 $1,417.75
19 2104.601 SALVAGE AND REINSTALL
LANDSCAPE STRUCTURES LS $10,100.00 1 0.5 $5,050.00 1 $10,100.00
20 2105.601 DEWATERING LS $19,201.23 1 0 $0.00 1 $19,201.23
21 2106.507 EXCAVATION - COMMON (P) C Y $21.60 12998 3249.5 $70,189.20 12998 $280,756.80
22 2106.507 EXCAVATION - MUCK C Y $4.64 4630 0 $0.00 4919 $22,824.16
23 2106.507 EXCAVATION - SUBGRADE (P) C Y $5.43 5259 1314.6 $7,138.28 5259 $28,556.37
24 2106.507 EXCAVATION - CHANNEL AND
POND (P) C Y $12.43 6414 0 $0.00 6414 $79,726.02
25 2106.507 SELECT GRANULAR EMBANKMENT
(CV) C Y $7.01 4630 0 $0.00 4919 $34,482.19
26 2106.507 SELECT GRANULAR EMBANKMENT
(CV) (P) C Y $4.67 6332 1583 $7,392.61 6332 $29,570.44
27 2112.519 SUBGRADE PREPARATION RDST $306.76 71 30 $9,202.80 71 $21,779.96
28 2123.610 STREET SWEEPER (WITH PICKUP
BROOM) HOUR $188.87 130 44.5 $8,404.72 60 $11,332.20
29 2123.610 1.5 CU YD BACKHOE HOUR $193.92 50 0 $0.00 66.6 $12,915.07
30 2130.523 WATER MGAL $130.46 90 0 $0.00 120 $15,655.20
31 2211.507 AGGREGATE BASE (CV) CLASS 5
(P) C Y $25.17 7030 1406 $35,389.02 7030 $176,945.10
32 2301.602 DRILL & GROUT REINF BAR (EPOXY
COATED) EACH $8.59 47 74 $635.66 74 $635.66
33 2331.603 JOINT ADHESIVE L F $1.79 15960 16295 $29,168.05 16295 $29,168.05
34 2357.506 BITUMINOUS MATERIAL FOR TACK
COAT GAL $3.03 1340 1400 $4,242.00 1400 $4,242.00
35 2360.504 TYPE SP 9.5 WEAR CRS MIX (2,C)
3.0" THICK S Y $21.72 1910 655.4 $14,235.29 655.4 $14,235.29
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 4 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
36 2360.509 TYPE SP 9.5 WEARING COURSE
MIX (2,C) TON $69.69 2360 2469.08 $172,070.19 2469.08 $172,070.19
37 2360.509 TYPE SP 12.5 WEARING COURSE
MIX (2,C) TON $67.17 3860 2531.57 $170,045.56 3317.97 $222,868.04
38 2504.602 ADJUST GATE VALVE & BOX EACH $1,046.36 7 10 $10,463.60 10 $10,463.60
39 2504.602 IRRIGATION SYSTEM REPAIR EACH $101.00 13 13 $1,313.00 13 $1,313.00
40 2505.601 UTILITY COORDINATION L S $15,885.28 1 0.25 $3,971.32 1 $15,885.28
41 2506.502 ADJUST FRAME & RING CASTING EACH $521.16 1 2 $1,042.32 2 $1,042.32
42 2521.518 6" CONCRETE WALK S F $15.97 1600 130 $2,076.10 262 $4,184.14
43 2521.518 3" BITUMINOUS WALK S F $2.51 23600 22609 $56,748.59 22609 $56,748.59
44 2531.503 CONCRETE CURB & GUTTER
DESIGN B618 L F $14.82 15100 7583.5 $112,387.47 16018 $237,386.76
45 2531.504 6" CONCRETE DRIVEWAY
PAVEMENT S Y $74.99 300 211 $15,822.89 307 $23,021.93
46 2531.618 TRUNCATED DOMES S F $45.45 340 60 $2,727.00 100 $4,545.00
47 2540.602 MAIL BOX SUPPORT EACH $141.40 10 10 $1,414.00 10 $1,414.00
48 2540.602 TEMPORARY MAIL BOX EACH $126.25 30 0 $0.00 34 $4,292.50
49 2545.602 INSTALL LIGHTING UNIT EACH $5,050.00 3 4 $20,200.00 4 $20,200.00
50 2557.602 REPAIR DOG FENCE EACH $505.00 6 0 $0.00 0 $0.00
51 2557.603 INSTALL FENCE L F $33.84 650 340 $11,505.60 460 $15,566.40
52 2563.601 TRAFFIC CONTROL LS $11,564.50 1 0.25 $2,891.13 1 $11,564.50
53 2564.518 SIGN PANELS TYPE C S F $48.48 248.75 218.5 $10,592.88 218.5 $10,592.88
54 2564.602 SIGN PANELS TYPE SPECIAL EACH $151.50 23 22 $3,333.00 22 $3,333.00
55 2565.616 REVISE SIGNAL SYSTEM SYS $60,600.00 1 0 $0.00 0 $0.00
56 2573.501 STABILIZED CONSTRUCTION EXIT LS $10,100.00 1 0.2 $2,020.00 1 $10,100.00
57 2573.502 STORM DRAIN INLET PROTECTION EACH $101.00 80 40 $4,040.00 80 $8,080.00
58 2573.503 SILT FENCE, TYPE MS L F $1.85 6200 0 $0.00 4625 $8,556.25
59 2573.503 SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.34 10700 80 $267.20 1070 $3,573.80
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 5 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
60 2574.507 COMMON TOPSOIL BORROW C Y $12.28 3570 0 $0.00 0 $0.00
61 2574.508 FERTILIZER TYPE 3 LB $0.51 2280 0 $0.00 0 $0.00
62 2575.505 SEEDING ACRE $5,509.55 6.4 0.35 $1,928.34 0.35 $1,928.34
63 2575.508 SEED MIXTURE 25-151 LB $2.07 840 50 $103.50 50 $103.50
64 2575.508 HYDRAULIC STABILIZED FIBER
MATRIX LB $1.26 9800 7050 $8,883.00 7050 $8,883.00
65 2575.604 ROLLED EROSION PREVENTION
CATEGORY 25 S Y $1.87 31100 1266 $2,367.42 1693 $3,165.91
66 2582.503 4" SOLID LINE MULTI COMP L F $1.82 4480 3934 $7,159.88 3934 $7,159.88
67 2582.503 24" SOLID LINE MULTI COMP L F $9.09 40 0 $0.00 0 $0.00
68 2582.503 4" DBLE SOLID LINE MULTI COMP L F $1.62 2010 2168 $3,512.16 2168 $3,512.16
69 2582.518 PAVT MSSG MULTI COMP S F $10.10 130 283.69 $2,865.27 283.69 $2,865.27
70 2582.518 CROSSWALK MULTI COMP S F $4.04 288 342 $1,381.68 342 $1,381.68
71 2582.518 CROSSWALK PREF THERMO GR IN
ESR S F $13.64 350 414 $5,646.96 414 $5,646.96
72 2104.502 REMOVE HYDRANT EACH $2,545.20 10 1 $2,545.20 9 $22,906.80
73 2104.503 REMOVE WATER MAIN L F $12.85 330 25 $321.25 153 $1,966.05
74 2104.602 REMOVE WATER SERVICE EACH $848.40 3 0 $0.00 5 $4,242.00
75 2104.603 ABANDON WATER MAIN L F $9.79 400 0 $0.00 400 $3,916.00
76 2504.601 TEMPORARY WATER SERVICE LS $3,401.68 1 0 $0.00 1 $3,401.68
77 2504.602 CONNECT TO EXISTING WATER
MAIN EACH $971.62 15 2 $1,943.24 12 $11,659.44
78 2504.602 CONNECT TO EXISTING WATER
SERVICE EACH $899.57 3 0 $0.00 5 $4,497.85
79 2504.602 HYDRANT EACH $5,317.75 10 2 $10,635.50 10 $53,177.50
80 2504.602 1" CORPORATION STOP EACH $503.99 4 0 $0.00 5 $2,519.95
81 2504.602 6" GATE VALVE & BOX EACH $2,258.76 10 2 $4,517.52 12 $27,105.12
82 2504.602 8" GATE VALVE & BOX EACH $3,005.76 3 1 $3,005.76 2 $6,011.52
83 2504.602 1" CURB STOP & BOX EACH $721.90 4 0 $0.00 5 $3,609.50
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 6 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
84 2504.603 4" WATERMAIN HDPE L F $13.03 750 0 $0.00 0 $0.00
85 2504.603 1" TYPE K COPPER PIPE L F $35.16 140 0 $0.00 89.5 $3,146.82
86 2504.603 6" WATERMAIN DUCTILE IRON CL
52 L F $65.24 170 10 $652.40 158.2 $10,320.97
87 2504.603 8" WATERMAIN DUCTILE IRON CL
52 L F $57.70 500 5 $288.50 443.5 $25,589.95
88 2504.603 6" WATERMAIN HDPE L F $38.78 50 0 $0.00 0 $0.00
89 2504.604 4" POLYSTYRENE INSULATION S Y $52.20 50 0 $0.00 31.94 $1,667.27
90 2504.608 DUCTILE IRON FITTINGS LB $0.01 800 196 $1.96 1488 $14.88
91 2104.502 REMOVE CASTING EACH $173.18 13 9 $1,558.62 13 $2,251.34
92 2503.503 4" PVC PIPE SEWER L F $23.47 60 0 $0.00 60 $1,408.20
93 2503.602 CONNECT TO EXISTING SANITARY
SEWER EACH $2,567.42 1 0 $0.00 1 $2,567.42
94 2503.602 8"X4" PVC WYE EACH $1,004.95 1 0 $0.00 1 $1,004.95
95 2506.602 CASTING ASSEMBLY (SANITARY) EACH $576.17 13 13 $7,490.21 13 $7,490.21
96 2506.602 CHIMNEY SEAL EACH $176.75 14 14 $2,474.50 14 $2,474.50
97 2506.602 RECONSTRUCT MANHOLE
(SANITARY) EACH $937.28 6 5 $4,686.40 6 $5,623.68
98 2104.502 REMOVE DRAINAGE STRUCTURE EACH $360.68 28 10 $3,606.80 28 $10,099.04
99 2104.503 REMOVE SEWER PIPE (STORM) L F $7.92 3440 763 $6,042.96 2040 $16,156.80
100 2501.502 18" RC PIPE APRON EACH $1,062.52 1 0 $0.00 1 $1,062.52
101 2501.502 24" RC PIPE APRON EACH $10,310.94 1 0 $0.00 1 $10,310.94
102 2501.502 88" SPAN RC PIPE-ARCH APRON EACH $16,563.23 2 0 $0.00 2 $33,126.46
103 2501.602 TRASH GUARD FOR 18" PIPE
APRON EACH $351.48 1 0 $0.00 1 $351.48
104 2501.602 TRASH GUARD FOR 24" PIPE
APRON EACH $542.37 1 0 $0.00 0 $0.00
105 2502.503 6" PVC PIPE DRAIN L F $26.56 10 0 $0.00 10 $265.60
106 2502.503 4" PERF TP PIPE DRAIN L F $13.64 400 200 $2,728.00 500 $6,820.00
107 2502.602 4" TP PIPE DRAIN CLEAN OUT EACH $250.10 8 5 $1,250.50 11 $2,751.10
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 7 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
108 2503.503 88" SPAN RC PIPE-ARCH SEWER
CL IIA L F $387.63 138 0 $0.00 138 $53,492.94
109 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $39.34 38 0 $0.00 38 $1,494.92
110 2503.503 15" RC PIPE SEWER DES 3006 CL V L F $37.01 2738 561 $20,762.61 2738 $101,333.38
111 2503.503 18" RC PIPE SEWER DES 3006 CL V L F $39.14 1882 198 $7,749.72 1882 $73,661.48
112 2503.503 24" RC PIPE SEWER DES 3006 CL III L F $48.86 335 0 $0.00 335 $16,368.10
113 2503.503 30" RC PIPE SEWER DES 3006 CL III L F $81.18 16 0 $0.00 6 $487.08
114 2503.503 33" RC PIPE SEWER DES 3006 CL III L F $96.34 31 0 $0.00 38 $3,660.92
115 2503.602 CONNECT TO EXISTING STORM
SEWER EACH $1,272.60 5 1 $1,272.60 5 $6,363.00
116 2503.602 CONNECT INTO EXISTING
DRAINAGE STRUCTURE EACH $1,161.50 4 3 $3,484.50 4 $4,646.00
117 2506.502 CASTING ASSEMBLY EACH $693.37 38 4 $2,773.48 38 $26,348.06
118 2506.503 CONST DRAINAGE STRUCTURE
DESIGN SD-48 L F $678.65 18.1 8.9 $6,039.99 18.1 $12,283.57
119 2506.503 CONST DRAINAGE STRUCTURE
DESIGN SD-60 L F $925.05 13.1 0 $0.00 13.2 $12,210.66
120 2506.503 CONST DRAINAGE STRUCTURE
DES 48-4020 L F $546.90 117.3 14.8 $8,094.12 117.3 $64,151.37
121 2506.503 CONST DRAINAGE STRUCTURE
DES 60-4020 L F $661.08 45.5 0 $0.00 45.5 $30,079.14
122 2506.503 CONST DRAINAGE STRUCTURE
DES 72-4020 L F $835.86 8.1 0 $0.00 8.1 $6,770.47
123 2506.503 CONST DRAINAGE STRUCTURE
DES 84-4020 L F $955.14 12.9 0 $0.00 12.9 $12,321.31
124 2506.602 CHIMNEY SEAL EACH $176.75 66 32 $5,656.00 66 $11,665.50
125 2506.602 CONST DRAINAGE STRUCTURE
DESIGN SPEC (2'X3') EACH $1,469.41 28 7 $10,285.87 28 $41,143.48
126 2511.507 RANDOM RIPRAP CLASS III C Y $102.59 20 20 $2,051.80 20 $2,051.80
127 2511.507 RANDOM RIPRAP CLASS IV C Y $106.48 40 0 $0.00 40 $4,259.20
128 2021.501 MOBILIZATION LS $5,882.24 1 0 $0.00 1 $5,882.24
129 2104.503 SAWING BIT PAVEMENT (FULL
DEPTH) L F $4.90 100 0 $0.00 128 $627.20
130 2104.504 REMOVE BITUMINOUS PAVEMENT S Y $4.06 1790 0 $0.00 1790 $7,267.40
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 8 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
131 2231.509 BITUMINOUS PATCHING MIXTURE TON $73.23 470 0 $0.00 468 $34,271.64
132 2357.506 BITUMINOUS MATERIAL FOR TACK
COAT GAL $3.74 100 0 $0.00 75 $280.50
133 2101.501 CLEARING & GRUBBING LS $4,545.00 1 0 $0.00 1 $4,545.00
134 2101.502 CLEARING AND GRUBBING TREES EACH $303.00 28 0 $0.00 28 $8,484.00
135 2104.501 REMOVE FENCING & BACKSTOPS LS $4,311.69 1 0 $0.00 1 $4,311.69
136 2104.501 SALVAGE SKATE PARK
EQUIPMENT LS $2,660.34 1 0 $0.00 1 $2,660.34
137 2104.501 REMOVE MISC. AMENITIES L S $7,313.66 1 0 $0.00 1 $7,313.66
138 2104.502 ABANDON AND SEAL WELL EACH $1,316.54 2 0 $0.00 2 $2,633.08
139 2104.518 REMOVE PAVEMENTS SF $0.44 18000 0 $0.00 32559 $14,325.96
140 2104.601 SALVAGE EXISTING BOULDERS LS $922.13 1 0 $0.00 1 $922.13
141 2106.501 EXCAVATION - COMMON LS $76,561.03 1 0 $0.00 0.75 $57,420.77
142 2106.507 PLAY SAND C Y $93.42 18 0 $0.00 0 $0.00
143 2106.507 SELECT GRANULAR EMBANKMENT
(P) CY $6.33 3000 0 $0.00 2250 $14,242.50
144 2211.507 AGGREGATE SURFACING (P) C Y $687.39 5 0 $0.00 0 $0.00
145 2360.504 3-INCH THICK BITUMINOUS TRAIL
W/BASE S Y $23.46 1700 0 $0.00 0 $0.00
146 2411.502 DUMPSTER ENCLOSURE EACH $59,470.82 1 0 $0.00 0 $0.00
147 2411.502 FIRE PIT EACH $22,470.52 1 0 $0.00 0 $0.00
148 2411.502 MONUMENT PIER - 4 FOOT EACH $7,780.70 24 12 $93,368.40 12 $93,368.40
149 2411.502 MONUMENT PIER - 6 FOOT EACH $9,291.50 8 4 $37,166.00 4 $37,166.00
150 2411.502 PRECAST SIGN MONUMENT "A" EACH $38,923.38 1 0.5 $19,461.69 0.5 $19,461.69
151 2411.502 PRECAST SIGN MONUMENT "B" EACH $33,913.78 1 0.5 $16,956.89 0.5 $16,956.89
152 2411.503 CONCRETE RETAINING WALL
(SPECIAL) L F $1,143.64 140 143 $163,540.52 143 $163,540.52
153 2411.503 CONCRETE SEAT WALL (SPECIAL) L F $445.75 85 0 $0.00 0 $0.00
154 2411.518 CONCRETE TEXTURE (RETAINING
WALL) S F $19.44 400 400 $7,776.00 400 $7,776.00
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 9 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
155 2411.518 CONCRETE TEXTURE (SEAT WALL) S F $19.44 130 0 $0.00 0 $0.00
156 2502.502 6" PRECAST CONCRETE
HEADWALL EACH $464.60 1 0 $0.00 0 $0.00
157 2502.503 4" PERF TP PIPE DRAIN L F $15.34 750 169 $2,592.46 169 $2,592.46
158 2502.602 4" PVC PIPE DRAIN CLEANOUT EACH $250.23 4 0 $0.00 0 $0.00
159 2503.501 DOWNSPOUT CONNECTION LS $211.09 1 0 $0.00 0 $0.00
160 2503.503 12" RC PIPE SEWER DES 3006 CL V L F $31.82 280 278 $8,845.96 280 $8,909.60
161 2503.603 6" PVC PIPE SEWER L F $11.34 260 0 $0.00 0 $0.00
162 2504.601 IRRIGATION SYSTEM - PARK/CITY
HALL LS $181,507.10 1 0 $0.00 0 $0.00
163 2504.601 IRRIGATION SYSTEM - STREET
BLVD LS $13,534.00 1 0.8 $10,827.20 0.8 $10,827.20
164 2506.502 CONST DRAINAGE STRUCTURE
DESIGN H EACH $2,455.31 3 3 $7,365.93 3 $7,365.93
165 2511.602 LIMESTONE BENCH - LARGE EACH $2,269.56 17 0 $0.00 0 $0.00
166 2511.602 LIMESTONE BENCH - SMALL EACH $1,358.98 8 0 $0.00 0 $0.00
167 2511.602 LANDSCAPE BOULDERS EACH $135.34 30 0 $0.00 0 $0.00
168 2521.518 4-INCH COLORED CONCRETE
PAVEMENTY W/BASE S F $13.70 730 0 $0.00 0 $0.00
169 2521.518 4-INCH STANDARD CONCRETE
PAVEMENT W/BASE S F $7.24 27700 2804 $20,300.96 2804 $20,300.96
170 2521.518 6-INCH COLORED CONCRETE
PAVEMENT W/BASE S F $16.80 1450 0 $0.00 0 $0.00
171 2521.518 6-INCH CONCRETE PED RAMP
W/BASE S F $11.55 1000 260 $3,003.00 260 $3,003.00
172 2521.518 6-INCH REINFORCED CONCRETE
PAVEMENT W/BASE S F $14.51 10100 0 $0.00 0 $0.00
173 2521.518 6-INCH STANDARD CONCRETE
PAVEMENT W/BASE S F $11.91 13800 3380 $40,255.80 3380 $40,255.80
174 2531.503 30" CONCRETE MAINTENANCE
STRIP L F $28.85 830 0 $0.00 0 $0.00
175 2531.503 CONCRETE PLAY CURB L F $30.58 360 0 $0.00 0 $0.00
176 2531.518 BOLLARD CONCRETE
MAINTENANCE STRIP S F $15.20 40 0 $0.00 0 $0.00
177 2531.618 TRUNCATED DOMES SF $45.45 345 180 $8,181.00 180 $8,181.00
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 10 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
178 2540.601 30" SQUARE PLANTER BOX EACH $1,515.00 8 0 $0.00 0 $0.00
179 2540.601 LANDSCAPE LOG STEPPERS LS $2,944.15 1 0 $0.00 0.2 $588.83
180 2540.602 48" SQUARE PLANTER BOX EACH $2,797.70 4 0 $0.00 0 $0.00
181 2540.602 6' PICNIC TABLE - FIXED EACH $3,615.80 2 0 $0.00 0 $0.00
182 2540.602 6' PICNIC TABLE - FIXED ADA EACH $3,615.80 1 0 $0.00 0 $0.00
183 2540.602 6' PICNIC TABLE - MOVEABLE EACH $4,762.15 13 0 $0.00 0 $0.00
184 2540.602 6' PICNIC TABLE - MOVEABLE ADA EACH $5,065.15 4 0 $0.00 0 $0.00
185 2540.602 BENCH BACKLESS EACH $1,681.65 6 0 $0.00 0 $0.00
186 2540.602 BENCH WITH BACK EACH $2,378.55 10 0 $0.00 0 $0.00
187 2540.602 BIKE RACK LOOPS EACH $373.70 6 0 $0.00 0 $0.00
188 2540.602 BISTRO TABLE - HIGH TOP EACH $873.65 2 0 $0.00 0 $0.00
189 2540.602 BISTRO TABLE - LOW TOP EACH $818.10 2 0 $0.00 0 $0.00
190 2540.602 BISTRO TABLE W/2 SEATS EACH $2,494.70 2 0 $0.00 0 $0.00
191 2540.602 BISTRO TABLE W/2 SEATS
BACKLESS EACH $2,050.30 4 0 $0.00 0 $0.00
192 2540.602 BISTRO TABLE W/3 SEATS EACH $3,115.85 4 0 $0.00 0 $0.00
193 2540.602 HIGH TOP BAR EACH $2,706.80 2 0 $0.00 0 $0.00
194 2540.602 HIGH TOP CHAIRS EACH $575.70 4 0 $0.00 0 $0.00
195 2540.602 LOW TOP CHAIRS EACH $449.45 4 0 $0.00 0 $0.00
196 2540.602 RECTANGULAR PLANTER BOX EACH $3,110.80 6 0 $0.00 0 $0.00
197 2540.602 SKATE STOPPERS KIT EACH $2,363.40 1 0 $0.00 0 $0.00
198 2540.603 LANDSCAPE EDGER L F $5.45 1360 0 $0.00 0 $0.00
199 2545.501 LIGHTING SYSTEM - BASE LS $297,950.00 1 0.25 $74,487.50 0.3 $89,385.00
200 2557.502 ORNAMENTAL MAINTENANCE
GATE - 12" EACH $1,818.00 2 0 $0.00 0 $0.00
201 2557.603 ORNAMENTAL FENCE - 4 FOOT L F $166.65 804 0 $0.00 0 $0.00
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 11 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
202 2557.603 ORNAMENTAL FENCE - 6 FOOT L F $290.88 8 0 $0.00 0 $0.00
203 2571.524 CONIFEROUS TREE 6' HT B&B TREE $328.25 7 0 $0.00 0 $0.00
204 2571.524 CONIFEROUS TREE - 90" SPACE
(12'-15" HT) TREE $1,313.00 1 0 $0.00 0 $0.00
205 2571.524 CONIFEROUS TREE 8' HT B&B TREE $489.85 2 0 $0.00 0 $0.00
206 2571.524 DECIDUOUS TREE 2" CAL B&B TREE $575.70 38 0 $0.00 0 $0.00
207 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 22 0 $0.00 0 $0.00
208 2571.524 ORNAMENTAL TREE 1.5" CAL B&B TREE $328.25 61 0 $0.00 0 $0.00
209 2571.525 SHRUB NO 5 CONT SHRB $58.58 283 0 $0.00 0 $0.00
210 2571.527 PERENNIAL NO 1 CONT PLT $16.41 1671 0 $0.00 0 $0.00
211 2573.501 STABILIZED CONSTRUCTION EXIT LS $2,525.00 1 0.8 $2,020.00 0.8 $2,020.00
212 2573.501 DEWATERING L S $0.01 1 0 $0.00 0 $0.00
213 2573.502 STORM DRAIN INLET PROTECTION EACH $101.00 3 0 $0.00 0 $0.00
214 2573.503 TREE PROTECTION FENCE L F $2.53 300 143 $361.79 143 $361.79
215 2573.503 SILT FENCE, TYPE MS L F $1.88 22500 345 $648.60 1675 $3,149.00
216 2573.503 SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $3.83 700 0 $0.00 0 $0.00
217 2575.504 EROSION CONTROL BLANKET S Y $1.72 4500 0 $0.00 0 $0.00
218 2575.505 COVER CROP WINTER COVER ACRE $979.70 6.7 2 $1,959.40 2 $1,959.40
219 2575.505 HYDRAULIC STABILIZER MULCH
(BFM) ACRE $2,449.25 6.7 2 $4,898.50 2 $4,898.50
220 2575.505 TYPE 1 TURF SEED MIX ACRE $8,049.70 6.1 0 $0.00 0 $0.00
221 2575.507 MULCH MATERIAL TYPE 6 C Y $74.74 300 0 $0.00 0 $0.00
222 2021.501 MOBILIZATION LS $6,370.10 1 0.5 $3,185.05 1 $6,370.10
223 2106.501 EXCAVATION - COMMON LS $3,223.92 1 0.5 $1,611.96 1 $3,223.92
224 2360.504 3.5 INCH THICK BITUMINOUS
COURT W/BASE S Y $22.83 1500 1512 $34,518.96 1512 $34,518.96
225 2411.502 MONUMENT PIER - 4 FOOT EACH $7,780.03 2 1 $7,780.03 1 $7,780.03
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 12 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
226 2411.502 MONUMENT PIER - 6 FOOT EACH $9,290.99 2 1 $9,290.99 1 $9,290.99
227 2511.602 LANDSCAPE STEPPERS EACH $622.16 4 0 $0.00 0 $0.00
228 2511.602 LIMESTONE BENCH - LARGE EACH $2,486.63 4 0 $0.00 0 $0.00
229 2521.518 4-INCH COLORED CONCRETE
PAVEMENTY W/BASE S F $13.37 1211 0 $0.00 0 $0.00
230 2521.518 4-INCH STANDARD CONCRETE
PAVEMENT W/BASE S F $7.28 3050 0 $0.00 0 $0.00
231 2521.518 6-INCH STANDARD CONCRETE
PAVEMENT W/BASE S F $12.29 950 0 $0.00 0 $0.00
232 2531.503 18" CONCRETE MAINTENANCE
STRIP L F $18.21 660 60 $1,092.60 640 $11,654.40
233 2531.503 30" CONCRETE MAINTENANCE
STRIP L F $47.39 50 0 $0.00 0 $0.00
234 2540.503 FENCE P0ROTECTOR L F $12.12 50 0 $0.00 0 $0.00
235 2540.602 BIKE RACK LOOPS EACH $393.90 2 0 $0.00 0 $0.00
236 2540.602 BISTRO TABLE W/3 SEATS EACH $3,115.85 1 0 $0.00 0 $0.00
237 2540.602 BISTRO TABLE W/4 SEATS EACH $3,681.45 2 0 $0.00 0 $0.00
238 2540.602 TENNIS NET SYSTEM EACH $2,822.95 1 0.5 $1,411.48 0.5 $1,411.48
239 2540.602 PICKLEBALL NET SYSTEM EACH $2,424.00 2 1 $2,424.00 1 $2,424.00
240 2540.602 BASKETBALL GOAL SYSTEM EACH $4,741.95 1 0 $0.00 0 $0.00
241 2540.603 LANDSCAPE EDGER L F $5.45 540 0 $0.00 0 $0.00
242 2545.501 LIGHTING SYSTEM - SPORTS
COURT LS $13,130.00 1 0.3 $3,939.00 0.5 $6,565.00
243 2557.502 CHAIN LINK GATE EACH $1,863.45 2 0 $0.00 0 $0.00
244 2557.503 10' CHAIN LINK FENCE L F $203.52 360 0 $0.00 180 $36,633.60
245 2557.503 4' CHAIN LINK FENCE L F $76.76 50 0 $0.00 0 $0.00
246 2557.503 8' CHAIN LINK FENCE L F $126.25 248 0 $0.00 124 $15,655.00
247 2557.603 ORNAMENTAL FENCE - 4 FOOT L F $166.65 36 0 $0.00 0 $0.00
248 2557.603 ORNAMENTAL FENCE - 6 FOOT L F $290.88 3.5 0 $0.00 0 $0.00
249 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 11 0 $0.00 0 $0.00
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 13 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
250 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 3 0 $0.00 0 $0.00
251 2571.524 CONIFEROUS TREE 8' HT B&B TREE $489.85 2 0 $0.00 0 $0.00
252 2571.524 CONIFEROUS TREE 6' HT B&B TREE $328.25 4 0 $0.00 0 $0.00
253 2571.524 DECIDUOUS TREE 1.5" CAL B&B TREE $328.25 7 0 $0.00 0 $0.00
254 2571.525 CONIFEROUS SHRUB 4' HT CONT SHRB $202.00 20 0 $0.00 0 $0.00
255 2571.525 DECIDUOUS SHRUB NO 5 CONT SHRB $48.48 86 0 $0.00 0 $0.00
256 2571.527 PERENNIAL NO 1 CONT PLT $17.68 182 0 $0.00 0 $0.00
257 2575.507 MULCH MATERIAL TYPE 6 C Y $79.79 45 0 $0.00 0 $0.00
258 2582.504 ACRYLIC COLOR COAT W/LINE
STRIPING S Y $11.05 1200 0 $0.00 0 $0.00
259 2582.601 PAVEMENT MARKINGS
(BASKETBALL) LS $701.95 1 0 $0.00 0 $0.00
260 2021.501 MOBILIZATION LS $606.00 1 0.5 $303.00 1 $606.00
261 2511.602 LIMESTONE BENCH - LARGE EACH $2,350.27 4 0 $0.00 0 $0.00
262 2521.518 4-INCH STANDARD CONCRETE
PAVEMENT W/BASE S F $7.28 3050 0 $0.00 0 $0.00
263 2521.518 6-INCH CONCRETE PED RAMP
W/BASE S F $14.84 945 0 $0.00 0 $0.00
264 2531.618 TRUNCATED DOMES S F $45.45 140 0 $0.00 0 $0.00
265 2540.603 LANDSCAPE EDGER L F $5.45 166 0 $0.00 0 $0.00
266 2545.501 LIGHTING SYSTEM - NW LOT LS $15,150.00 1 0.3 $4,545.00 0.5 $7,575.00
267 2571.524 DECIDUOUS TREE 2" CAL B&B TREE $535.30 3 0 $0.00 0 $0.00
268 2571.524 ORNAMENTAL TREE 1.5" CAL B&B TREE $328.25 4 0 $0.00 0 $0.00
269 2571.525 SHRUB NO 5 CONT SHRB $48.48 69 0 $0.00 0 $0.00
270 2571.527 PERENNIAL NO 1 CONT PLT $15.15 314 0 $0.00 0 $0.00
271 2575.507 MULCH MATERIAL TYPE 6 C Y $77.77 45 0 $0.00 0 $0.00
272 2103.501 BUILDING REMOVAL LS $14,518.75 1 0 $0.00 1 $14,518.75
273 2545.501 LIGHTING SYSTEM - TRAIL LOOP
LIGHTS LS $37,370.00 1 0.4 $14,948.00 0.5 $18,685.00
2021 Downtown Improvement
Project - Lions Park Project
Pay Voucher 4
Page 14 of 14
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
Bid Totals: $1,585,395.81 $3,519,317.92
Project Category Totals
Category Amount This Voucher Amount To Date
2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE A - SURFACE
IMPROVEMENTS $854,408.13 $1,860,839.69
2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE B - WATERMAIN
IMPROVEMENTS $23,911.33 $185,753.30
2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE C - SANITARY
SEWER IMPROVEMENTS $16,209.73 $22,820.30
2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE D - STORM
SEWER IMPROVEMENTS $81,798.95 $565,736.32
2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE E - CITY WIDE
BITUMINOUS PATCHING IMPROVEMENTS $0.00 $48,328.98
LIONS PARK PROJECT ALTERNATE A - COURT DEVELOPMENT $65,254.07 $135,527.48
LIONS PARK PROJECT ALTERNATE B - NORTHWEST PARKING LOT SITE $4,848.00 $8,181.00
LIONS PARK PROJECT ALTERNATE C - BUILDING DEMO $0.00 $14,518.75
LIONS PARK PROJECT ALTERNATE D - PEDESTRIAN LIGHTS $14,948.00 $18,685.00
LIONS PARK PROJECT - SCHEDULE A - BASE BID $524,017.60 $658,927.10
Contract Change Item Status
CC CC
No.
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
Contract Change Totals:
Contract Change Totals
No. Contract
Change Description Amount This
Voucher
Amount To
Date
Material On Hand Additions
Line
No. Item Description Date Added Comments
Material On Hand Balance
Line
No. Item Description Date Added Used Remaining
Rev. July 2020
CHANGE ORDER Page 1 of 1
WSB Project No. 012692-000 Owner Project No. Change Order No. 1
Project Title/Description: CSAH 8 STORM WATER REUSE
Owner: City of Hugo
Owner Address: 14669 Fitzgerald Avenue North Hugo, MN 55038
Contractor: Peterson Companies, Inc.
Contractor Address: 8326 Wyoming Trail Chisago City, MN 55013
Total Change Order Amount: $17,307.15
Description: Electrical Service Change
Estimate Of Cost: (Include any increases or decreases in contract items, any negotiated or force account items.)
Group/Funding
Category Item No. Description Unit Unit Price + or –
Quantity
+ or –
Amount $
Local 2550.601 ELECTRICAL SERVICE LS $17,307.15 1 $17,307.15
Net Change This Change Order $17,307.15
Due to this change, the contract time: (check one)
( ) Is NOT changed ( ) May be revised as provided in MnDOT Specification 1806
Number of Working Days Affected by this Contract Change:
Number of Calendar Days Affected by this Contract Change:
Approved By Project Engineer: Date:
Print Name: Phone:
Approved By Contractor: Date:
Print Name: Phone:
Approved By Owner: Date:
Print Name: Phone:
December 29, 2021
Mark Erichson 612.360.1278
CSAH 8 STORM WATER REUSE Pay Voucher 2
Page 1 of 4
Client: City of Hugo Contractor: Peterson Companies, Inc.
14669 Fitzgerald Avenue North 8326 Wyoming Trail
Hugo, MN 55038 Chisago City, MN 55013
Contract Amount Funds Encumbered
Original Contract $514,500.65 Original $514,500.65
Contract Changes $17,307.15 Additional N/A
Revised Contract $531,807.80 Total $514,500.65
Work Certified To Date
Base Bid Items $493,784.23
Contract Changes $17,307.15
Material On Hand $0.00
Total $511,091.38
Work Certified
This Voucher
Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount
Paid To Date
$147,252.24 $511,091.38 $12,777.28 $345,647.18 $152,666.92 $498,314.10
Percent Retained: 2.5% Percent Complete: 96.1%
This is to certify that the items of work shown in this Pay Voucher have been actually furnished for the work comprising the above-
mentioned project in accordance with the plans and specifications heretofore approved.
Approved By WSB Approved By Peterson Companies, Inc.
Project Engineer
Date Date
Approved By City of Hugo
Date
WSB Project No.: 012692-000
Client Project No.:
State Project No.:
Federal Project No.:
December 29, 2021
CSAH 8 STORM WATER REUSE Pay Voucher 2
Page 2 of 4
Payment Summary
No. Up Through Date Work Certified
Per Voucher
Amount Retained
Per Voucher
Amount Paid
Per Voucher
1 11/10/21 $363,839.14 $18,191.96 $345,647.18
2 12/27/21 $147,252.24 ($5,414.68) $152,666.92
Funding Category Name Work Certified
To Date
Less Amount
Retained
Less Previous
Payments
Amount Paid
This Voucher
Total Amount Paid
To Date
Local $511,091.38 $12,777.28 $345,647.18 $152,666.92 $498,314.10
Accounting
Number Funding Source Amount Paid
This Voucher
Revised Contract
Amount
Funds
Encumbered
To Date
Paid Contractor
To Date
1 Local $152,666.92 $498,314.10
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
1 2021.501 MOBILIZATION LS $17,819.00 1 0 $0.00 1 $17,819.00
2 2021.601 CONTRACTOR COORDINATION L S $2,731.00 1 0 $0.00 1 $2,731.00
3 2104.503 SAWING BIT PAVEMENT (FULL
DEPTH) L F $6.20 220 0 $0.00 0 $0.00
4 2104.518 REMOVE BITUMINOUS WALK S F $1.10 1200 0 $0.00 0 $0.00
5 2105.601 DEWATERING LS $1,092.00 1 0 $0.00 1 $1,092.00
6 2105.610 EXPLORATORY EXCAVATION HOUR $254.00 20 30 $7,620.00 32 $8,128.00
7 2123.610 STREET SWEEPER (WITH PICKUP
BROOM) HOUR $201.00 20 4 $804.00 12 $2,412.00
8 2331.603 JOINT ADHESIVE L F $6.65 220 0 $0.00 0 $0.00
9 2503.602 CONNECT TO EXISTING
IRRIGATION PIPE EACH $3,100.00 6 0 $0.00 7 $21,700.00
10 2503.602 CONNECT TO EXISTING FORCE
MAIN EACH $3,699.00 1 0 $0.00 1 $3,699.00
11 2503.603 10" HDPE FORCE MAIN L F $84.70 20 0 $0.00 20 $1,694.00
12 2503.603 12” HDPE FORCE MAIN
(DIRECTIONAL DRILL) L F $52.64 140 144 $7,580.16 144 $7,580.16
13 2503.603 2” HDPE FORCE MAIN
(DIRECTIONAL DRILL) L F $23.61 870 378 $8,924.58 890 $21,012.90
14 2503.603 4" HDPE FORCE MAIN
(DIRECTIONAL DRILL) L F $28.23 980 0 $0.00 980 $27,665.40
15 2503.603 6” HDPE FORCE MAIN
(DIRECTIONAL DRILL) L F $35.69 2460 0 $0.00 2452 $87,511.88
16 2503.603 8” HDPE FORCE MAIN
(DIRECTIONAL DRILL) L F $44.18 1410 0 $0.00 1403 $61,984.54
CSAH 8 STORM WATER REUSE Pay Voucher 2
Page 3 of 4
Contract Item Status
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
17 2504.602 6" GATE VALVE & BOX EACH $2,850.00 3 1 $2,850.00 3 $8,550.00
18 2504.602 8" GATE VALVE & BOX EACH $4,435.00 1 0 $0.00 1 $4,435.00
19 2504.602 IRRIGATION SYSTEM REPAIR EACH $450.00 5 5 $2,250.00 6 $2,700.00
20 2506.601 CONSTRUCT LIFT STATION LS $199,756.00 1 0.475 $94,884.10 0.975 $194,762.10
21 2521.518 3" BITUMINOUS WALK S F $9.95 1200 0 $0.00 0 $0.00
22 2563.601 TRAFFIC CONTROL LS $2,907.00 1 0 $0.00 1 $2,907.00
23 2573.502 STORM DRAIN INLET PROTECTION EACH $96.95 44 0 $0.00 0 $0.00
24 2573.503 SILT FENCE, TYPE MS L F $4.00 220 0 $0.00 0 $0.00
25 2573.503 FLOTATION SILT CURTAIN TYPE
STILL WATER L F $15.27 130 135 $2,061.45 135 $2,061.45
26 2573.503 SEDIMENT CONTROL LOG TYPE
WOOD FIBER L F $7.91 220 265 $2,096.15 265 $2,096.15
27 2574.507 COMMON TOPSOIL BORROW C Y $19.60 240 0 $0.00 240 $4,704.00
28 2574.508 FERTILIZER TYPE 3 LB $4.48 40 15 $67.20 40 $179.20
29 2575.505 SEEDING ACRE $7,804.50 0.3 0 $0.00 0.3 $2,341.35
30 2575.508 SEED MIXTURE 25-151 LB $3.83 70 15 $57.45 70 $268.10
31 2575.604 ROLLED EROSION PREVENTION
CATEGORY 20 S Y $2.50 1500 300 $750.00 1500 $3,750.00
Bid Totals: $129,945.09 $493,784.23
Project Category Totals
Category Amount This Voucher Amount To Date
SCHEDULE A. - CSAH 8 STORM WATER REUSE $129,945.09 $493,784.23
Contract Change Item Status
CC CC
No.
Line
No. Item Description Units Unit Price Contract
Quantity
Quantity
This
Voucher
Amount This
Voucher
Quantity
To Date Amount To Date
CO 1 32 2550.601 ELECTRICAL SERVICE LS $17,307.15 1 1 $17,307.15 1 $17,307.15
Contract Change Totals: $17,307.15 $17,307.15
CSAH 8 STORM WATER REUSE Pay Voucher 2
Page 4 of 4
Contract Change Totals
No. Contract
Change Description Amount This
Voucher
Amount To
Date
1 CO Electrical Service Change $17,307.15 $17,307.15
Material On Hand Additions
Line
No. Item Description Date Added Comments
Material On Hand Balance
Line
No. Item Description Date Added Used Remaining
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Scott Anderson, Public Works Director
SUBJECT: Construction Payment Request #15
Hugo Public Works Facility
Ebert Construction
DATE: For the City Council Meeting of January 3, 2022
BACKGROUND
Please find the enclosed application for payment for the City of Hugo Public Works
Facility project in the amount of $409,842.71. 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 December 2021, with a
5% retainage applied. Total retainage being held for the project to date is $431,878.65.
DESIRED ACTION
Staff recommends the City Council approve payment request #15 in the amount of
$409,842.71 to Ebert Construction for the construction of the City of Hugo Public Works
facility.
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Scott Anderson, Public Works Director
SUBJECT: Construction Payment Request #7
Hugo Public Works Salt and Materials Storage Building
Ebert Construction
DATE: For the City Council Meeting of January 3, 2022
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 $6,313.79. 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 December of 2021 with
a 5% retainage applied. The total retainage being held to date will be $32,628.03.
DESIRED ACTION
Staff recommends the City Council approve payment request #7 in the amount of
$6,313.79 to Ebert Construction for the construction of the City of Hugo Public Works
salt and materials storage building.
CITY OF HUGO
PARKS COMMISSION REPORT
TO: Bryan Bear, City Administrator
FROM: Shayla Denaway, Parks Planner
SUBJECT: Construction Payment Request #4
Lions Park Pavilion
Schreiber Mullaney Construction
DATE: December 30, 2021 for the City Council meeting of January 3, 2021
1. BACKGROUND:
Please find the enclosed application for payment for the City of Hugo Lions Park
Pavilion in the amount of $207,263.12. The quantities completed to date have been
reviewed and agreed upon by the architect, contractor and city staff.
This is the fourth payment request and the amount indicated above reflects the work
certified through November 30, 2021. A 5% retainage is applied and the total retainage
being held for the project to date $39,565.59.
2. RECOMMENDATION:
Staff recommends the City Council approve payment request #4 in the amount of
$207,263.12 to Schreiber Mullaney Construction.
207,263.1212/23/2021
CITY OF HUGO
PARKS COMMISSION REPORT
TO: Bryan Bear, City Administrator
FROM: Shayla Denaway, Parks Planner
SUBJECT: Construction Payment Request #5
Lions Park Pavilion
Schreiber Mullaney Construction
DATE: December 30, 2021 for the City Council meeting of January 3, 2021
1. BACKGROUND:
Please find the enclosed application for payment for the City of Hugo Lions Park
Pavilion in the amount of $148,273.15. The quantities completed to date have been
reviewed and agreed upon by the architect, contractor and city staff.
This is the fifth payment request and the amount indicated above reflects the work
certified through December 31, 2021. A 5% retainage is applied and the total retainage
being held for the project to date $47,369.44.
2. RECOMMENDATION:
Staff recommends the City Council approve payment request #5 in the amount of
$148,273.15 to Schreiber Mullaney Construction.
148,273.1512/23/2021
Agenda Number: J.1
CITY OF HUGO
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: Victor Land Holdings, LLC. Site Plan and Conditional Use Permit Amendment
for a 43,000 square foot office/warehouse building to be constructed with the
campus development. Development and Assessment Agreement for the
construction of an extension of 140th Street North.
DATE: December 28, 2021, for the City Council meeting of January 3, 2022
ZONING: Business Park (BP)
60-DAY REVIEW DEADLINE: February 27, 2021 (120-days)
1. PLANNING COMMISSION UPDATE:
At its December 16, 2021, meeting the Planning Commission held a public hearing and
considered the request. There were residents that live in the development to the north that spoke
during the public hearing. There concerns and questions that included the following:
• Concerns about the impact to the residential development because of the business and the
new building proposal.
• Concerns with the expansion of the business and the additional noise that will occur.
• Concerns that the overhead doors on the existing building in the campus remaining open
late at night and the loud noise from the manufacturing business.
• Concerns about the dumpster location on the north side of the existing building and the
noise that happens when they are adding trash to the dumpster.
• They asked about noise mitigation measures to be considered in the approval.
o They asked about requiring the doors to remaining closed during the night, except
for loading and unloading materials for normal operations of the business.
o They asked if the dumpster can be moved to the south side of the existing
building to reduce the noise.
• Concerns with the extension of 140th Street to the west and the access onto 140th Street
for the project.
o Concerns with the traffic that will occur on 140th Street.
Victor Land Holdings, LLC – Site Plan and CUP Amendment
o They asked about restricting certain types of traffic on 140th Street, such as semi-
truck traffic.
The Planning Commission discussed the noise concerns and ideas for mitigating the noise from
the residents. The Planning Commission asked the applicant if the doors could remain closed
during the night, except for normal operations of the business. The applicant agreed that could be
done. The Planning Commission asked about moving the dumpster from the north side of the
building to the other side of the building. The applicant agreed that could be done.
Staff addressed the Planning Commission about the future plans for the extension of 140th Street
to the west. The Comprehensive Plan shows 140th Street as a collector road and shows it
extending to the west to connect to Elmcrest Avenue. Staff expects the road have traffic like the
similar collector roads in the City. Staff indicated there may be ways to limit the types of
vehicles allowed on the road, but it is not likely something staff would recommend as it is
intended to allow through traffic and collect traffic from other areas of the City.
The Planning Commission unanimously recommended approval of the site plan and CUP
amendment, subject to the conditions in the resolutions, and added two conditions to the
resolution as follows:
• The overhead doors on the buildings within the campus development shall remain closed
from 9 p.m. to 6 a.m., except for normal operations of the business. The doors shall be
promptly closed after moving raw materials into the building for manufacturing and
moving finished product outdoors.
• Dumpsters shall not be located outdoors on the north of the 143,000 square foot building
within the campus development.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a site plan for an approximately 43,000 square foot
office, manufacturing, and warehouse building with associated parking. The proposed building
will be occupied by JL Schwieters for a small office area, manufacturing, and warehousing for
their floor and roof truss operations. The applicant is also requesting a CUP amendment for the
campus development since the use of the building will include office and manufacturing.
The campus development includes four phases. The first phase of the development was
construction of a 145,000 square foot office/manufacturing/warehouse building. The second
phase consisted of the 27,100 square foot office/manufacturing/Pwarehouse building located in
the northeast corner of the site. This request is phase three and will include the proposed office/
manufacturing/warehouse building at the northwest corner of the property. Phase four is
proposed to be a 12,000 office/warehouse building at the southeast corner of the property. The
applicant is only requesting site plan approval for the third phase. Each new building will be
required to formally apply for site plan approval for consideration by the Planning Commission
and City Council.
The campus property totals approximately 15 acres. The property is zoned Business Park (BP)
and is guided as Business Park (BP) in 2040 Comprehensive Plan.
Victor Land Holdings, LLC – Site Plan and CUP Amendment
3. CONTEXT:
A. Surrounding Land Use and Zoning
The properties to the north are zoned Planned Unit Development (PUD) and are occupied by
townhome developments. The properties to the east are zoned General Industrial (I-3) and are
occupied by industrial businesses. The property to the south is zoned Business Park (BP) and is
occupied by the Xcel Energy Training Center. The property to the west is zoned Large Lot
Single Family Residential (R-1) and is occupied by the City owned Clearwater Creek Preserve
park.
B. Existing Site Characteristics
The property is generally flat and includes buildings on site. There is shared stormwater
management for the entire campus development.
4. BACKGROUND:
In 2018, the City Council approved a CUP for a campus development that approved the location
and use of four proposed buildings on the site. The general location of the buildings remain the
same with this request.
5. ANALYSIS:
A. Level of City Discretion in Decision-Making
The City’s discretion in approving or denying a site plan is limited to whether or not the
proposed project complies with the Comprehensive Plan and Zoning Ordinance requirements. If
it meets these standards, the City must then approve the site plan.
The City’s discretion in approving or denying a conditional use permit amendment is limited to
whether or not the proposed application meets the standards outlined in the City’s
Comprehensive Land Use Regulations. If it meets these standards, the City must then approve
the conditional use permit.
B. Conditional Use Permit
Campus Development
The term "campus development" means two or more principal buildings on any lot or parcel. All
campus developments shall be constructed under a master plan prepared by a professional,
registered, architect, and approved as a provision of the conditional use permit for the site. The
applicant has approval of a campus development to allow multiple buildings on the property.
The applicant has provided options for how the property could develop in four phases. In the
review of the CUP for a campus development the Planning Commission is simply providing a
Victor Land Holdings, LLC – Site Plan and CUP Amendment
recommendation on the suitability of the site layout for additional buildings. The applicant would
be required to come back before the Planning Commission with a formal site plan application
prior to construction of each building. Approval of the campus development would give the
applicant assurance that the additional buildings would be allowed subject to site plan approval
and provided the buildings are consistent with the campus development CUP. In the absence of
the campus development, the applicant would only be able to construct one building on the
property.
The campus development is generally the same as what was previously approved. The proposed
43,000 square foot building was previously shown as warehouse and is now proposed to be an
office, manufacturing, and warehouse building. This use is allowed in the zoning district and the
building is located generally in the same area that was previously approved. The request meets
the criteria necessary to approve a CUP amendment.
C. Site Plan
The application complies with the ordinance standards as follows:
Building Setbacks
The BP zoning district requires a 30-foot front and rear yard setback and a side yard setback
equal to the height of the building, in no case less than 10 feet. The site plan complies with the
setback requirements.
Building Height
The BP zoning district has a maximum building height of 50 feet. The building height will be
approximately 30 feet. The site plan complies with the height requirements.
Building Coverage and Lot Coverage
The ordinance limits lot area to be covered by a building to 40% and lot area to be covered by
impervious surface to 80%. The overall campus development meets the requirements.
Landscaping
Section 90-181 of the Zoning Ordinance provides landscaping requirements for industrial
development. The site plan includes tree and shrub locations and species. The applicant is
proposing 22 overstory deciduous trees, 22 coniferous trees, 22 ornamental trees, and 145
shrubs. This meets the landscape ordinance requirements for the project.
Lighting
The ordinance requires lighting to consist of cut-off fixtures and for light cast on adjacent
property and roads not to exceed ½ foot candle measured at the property line or 1 foot candle
measured at the street’s centerline. The ordinance also required the light fixtures, whether pole
mounted or wall mounted to be cut-off fixtures. The applicant is proposing LED lights for wall
Victor Land Holdings, LLC – Site Plan and CUP Amendment
mounted fixtures. The applicant has provided cut-sheet for both the wall lights for staff review
and approval prior to installation. The lighting plan meets the ordinance standards along the
property lines
Fencing and Screening
The applicant is proposing roof top mechanical equipment for the building. The plans show a 2
foot – 6 inch raised parapet wall from the roof line of the building. All roof top mechanical
equipment shall be adequately screened from view. It is in staff’s opinion that the parapet will
screen most of the roof top equipment. Staff has added that there will be an inspection during
construction and that as a condition of approval prior to the issuance of a certificate of occupancy
the equipment shall be screened.
The applicant has indicated that the trash stored inside the building or screened with materials
consistent with the building materials.
The plans show a gate on the west side of the building to access the driveway on that side. They
will have access to the exterior storage area of the existing building to the south. A fence is
proposed to be installed from the gate to the existing fence along the west side of the property.
The new fence shall be a black vinyl chain link fence.
Streets and Access
The 2040 Comprehensive Plan shows 140th Street as a future road that will extend to Elmcrest
Avenue. It is classified as a future minor collector road. The applicant is proposing to construct
an extension to 140th Street to the west property line. The access to the site would be from the
proposed extension of 140th Street.
In 2013, the City Council adopted an assessment policy for developer-driven improvements. The
policy outlines criteria to consider the requests of developers to have the City design and
construct roadways/utilities and assess the costs to the property. One of the three criteria is that
the requests are limited to areas with commercial and industrial development. Staff has received
a letter from the developer requesting that the City cost share on the construction of the extension
of 140th Street. They proposed the cost share be 50% each and that the developers cost be
assessed to the property over a five year period. The request also include the City adding the
construction of 140th Street in the CIP for 2022.
The request generally complies with the assessment policy for development-driven
improvements with a few modification regarding cost share. There are benefits to the City with
the construction of the road. The City owns a majority of the property along of 140th Street,
where the extension of the road would occur. There is a sanitary sewer lift station north of 140th
Street that is currently accessed from a gravel driveway. An improved paved 140th Street would
provide the City better access to the lift station for monitoring and maintenance. Also,
Clearwater Creek Preserve Park is west of 140th Street.
At its November 16, 2021, meeting the EDA considered the request of the applicant for cost
sharing on the road improvement and assessing the developer’s portion of the cost to the
Victor Land Holdings, LLC – Site Plan and CUP Amendment
property. Staff recommended the cost sharing of the design and construction of 140th Street
because the City owns the property along 140th Street to the north and other the benefits to the
City. The EDA stated they agreed the request meet generally meet the assessment policy and
because the City owns most of the land to the north along 140th Street, they unanimously made a
recommendation to add the project to the Street CIP for 2022, cost share on the on the road
construction at 50% each, and assess the developers portion of the cost to the property.
Parking
According to the Section 90-253 PARKING, based on the use and the size of the building 86
parking stalls are required by ordinance. The applicant is proposing 28 parking stalls for the site,
which does not the ordinance standards for the use of the building. There seems to be plenty of
area on the site to accommodate additional parking. The code also allows for deferred parking to
be constructed when deemed necessary by the City. Staff will continue to work with the
applicant on the number of parking spaces.
Trails
There is a City trail along Fenway Boulevard North. There is a proposed trail shown on the
Trails Plan in the 2040 Comprehensive Plan on the north side of 140th Street North. Staff will
work with the applicant to see if it makes sense to include this small section of trail with the
construction of the road.
Building Architecture
In August 2011, the City Council adopted the Commercial and Industrial Design Guidelines. The
guidelines allow flexibility on four-sided architecture for industrial buildings. The design of the
building meets the intent of the guidelines.
The building material for the office, manufacturing, and warehouse building consists of
integrally colored precast tip-up concrete panels, of one colors and two patterning styles. The
building will be constructed with the same color and material as the existing buildings on the
property. The intent is to ensure the building is constructed of quality materials that require
minimum maintenance. The applicant has provided elevations that show coloration and
patterning in design of the concrete panels. The concrete is proposed to be a light brown earth
tone, with an accent dark brown tone. The front has glass and there windows on all sides of the
building. The applicant is proposing metal awnings along the front of the building over the
entrances. The applicant will be required to submit the design to staff for review and approve the
design of the awnings. The exterior doors and overhead doors are proposed to be brown and
compliment the exterior color. The applicant has provided material samples and staff will
continue to work with the applicant on the materials for review by staff.
Signage
The applicant is showing locations for proposed signs on the building, which is allowed by
ordinance. Prior to the installation of any signs, the applicant shall obtain a sign permit.
Victor Land Holdings, LLC – Site Plan and CUP Amendment
Drainage/Grading
The overall stormwater management was planned with the campus development. The stormwater
requirements are met with the existing stormwater management facilities on the property. There
are a few technical details that are required to be completed from comments by the City
Engineer.
Utilities
Water service to the site will be achieved with extending the existing watermain stub within
140th Street from the existing western addition limits to approximately 550’ further west. An
existing hydrant stubbed from the south is providing additional fire protection.
Sanitary sewer service is available to the site from the existing sanitary sewer service stub from
the manhole located in the future 140th Street to the north that was installed with the original
overall campus development.
Wetlands
The applicant is not proposing any wetland impacts.
Park Dedication
Park Dedication is not required for commercial and industrial developments.
6. CONCLUSION:
Staff finds that the proposal meets all the requirements necessary for the City to approve the site
plan and CUP amendment, if the conditions are met in the attached resolutions and conditional
use permits.
7. STAFF RECOMMENDATION:
Staff recommends approval of the site plan, CUP amendment, development agreement and
assessment agreement for Victor Land Holdings, LLC. The agreement are subject to review and
approval by the City Attorney.
Victor Land Holdings, LLC – Site Plan and CUP Amendment
8. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission unanimously recommended approval of the site plan and CUP
amendment, subject to the conditions in the resolutions, and added two conditions to the
resolution as follows:
• The overhead doors on the buildings within the campus development shall remain closed
from 9 p.m. to 6 a.m., except for normal operations of the business. The doors shall be
promptly closed after moving raw materials into the building for manufacturing and
moving finished product outside.
• Dumpsters shall not be located outdoors north of the 143,000 square foot building within
the campus development.
ATTACHMENTS:
1. Location Map
2. Engineers Memo dated December 16, 2021
3. Resolutions:
a. Site Plan and Development Agreement
b.CUP Amendment
4. Draft Development and Assessment Agreement
5. Plans and Building Elevations
6. Letter from Residents
Fenway Boulevard North141st Street North
Fenway Avenue North141s
t
C
i
r
c
le
No
r
th
140th Street North
Schwieters Building Site Plan
Location Map
Hugo, MN
Right of Way
Roads
Hugo Border
Parcel Boundary
¯0 200Feet1 in = 200 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2021\140th Discussion.mxdSite
Proposed 140th Extension
City Owned Property
City Owned Property
Clearwater CreekPreserve
New Proposed Building
S:\Users\R_Juba\DEVELOPMENT PROJECTS\Roy Molitor Addition\Schwieters Building 7\Site Plan_CUP Amendment\Engineers Memo and Red-lined
Comments\Eng Memo Schwieters Building 7 Site Plan 121621.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM December 16, 2021
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Site Plan Review
Schwieters Building 7
WSB Project No. 018801-000
Dear Ms. Juba:
We have reviewed the site plan submittal for the Schwieters Building 7 site located south and
adjacent to 140th Street west of Fenway Boulevard. In particular, we have reviewed the following
plans related to this particular request:
• Civil Plan Set (_Schwieters_Building_7_11x17_073021.pdf) revised 7/30/21 by Carlson
McCain and updated on December 9, 2021.
• Architectural Plan Set (VLH BUILDING 7_SITE PLAN REVIEW_292 ARCH
SET_20210730.pdf) revised 7/30/21 by Carlson McCain
• Stormwater Management Memo (_Schwieters Building 7_Hydrology Memo.pdf; 171316-
PROPOSED-2019-10.10 REVISED 8-24-2021.hcp) dated 8/24/21 by Carlson McCain
• Storm Sewer Design (8606-01_Storm Sewer Design.pdf; 8606-01_Stm Swr
Catchment.pdf) by Carlson McCain
Based on the review of the above documents, we offer the following comments related to this
application:
Grading, Street, and Utility Plans
1. The site is proposed to have two accesses. The first is through their existing parking entrance
on Fenway Avenue while the second involves extending 140th Street to the west
approximately 600 ft to their west property line. 140th Street will be extended from the short
section of 140th Street recently constructed with their most recent expansion located on the
southwest quadrant of Fenway Avenue and 140th Street. Their second access is proposed to
come from the extended portion of 140th Street.
2. A cross access agreement will be required through the existing Schwieter’s facility.
3. The City will work with the applicant to construct the extension of 140th Street as a City
Improvement Project as the City owns the property on the north side of 140th Street and may
warrant City cost participation. Staff will continue to work on the process related to the
extension of 140th Street prior to the January 3, 2022 City Council meeting where this item
will be heard. It is expected that the site plan, CUP amendment, and
development/assessment agreement (with waiver to 429 process) will be reviewed and
discussed in detail.
Ms. Rachel Juba
December 16, 2021
Page 2
4. Water service to the site will be achieved with extending the existing 12” watermain stub
within 140th Street from the existing western addition limits to approximately 550’ further west.
An existing hydrant stubbed from the south is providing additional fire protection.
5. Sanitary sewer service is available to the site from the existing 6” sanitary sewer service stub
from the manhole located in the future 140th Street to the north that was installed with the
original overall Schwieters site.
6. Two rows of parking (27 spaces) are provided along and across from the northern side of the
building along future 140th Street. Additional industrial loading areas are available on the
west and south sides of the building.
7. Detailed redline comments have been provided on the plans and sent to the applicants
engineer so they can be addressed in future submittals.
Stormwater Management
8. The expansion of this site was planned for with the stormwater management filtration basin
constructed as part of the original Schwieters site. Rate control and water quality
requirements for the expansion are anticipated to be met through this filtration basin. The
previously approved HydroCAD model will need to be updated to be representative of the
proposed changes to what was previously approved.
9. The stormwater requirements for the extension of 140th Street will be addressed with the City
Project and be accommodated by expanding existing stormwater management facilities on
either the north or south side of 140th Street which are located on City property.
10. Drainage and Utility Easements will need to be provided over the existing 6” PE drain tile
outlet for the existing stormwater management facilities for the overall site.
11. A stormwater agreement between the two sites will be required as private storm sewer
extends between the two parcels.
12. Stormwater plan and model comments have been provided to applicant and will need to be
addressed in future submittals for documentation and permitting purposes.
Wetland
13. There are no wetland impacts associated with the proposed improvements.
Thank you for the opportunity to provide comments on this project. Additional comments may be
necessary following the review of the responses to these. If you have any questions, please do
not hesitate to contact me at 651-286-8463.
Sincerely,
WSB
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Liz Finnegan, Senior Engineering Technician (email only)
RESOLUTION 2022-___
APPROVING A SITE PLAN AND DEVELOPMENT AGREEMENT FOR
VICTOR LAND HOLDINGS, LLC, FOR AN OFFICE, MANUFACTURING, AND
WAREOUSE BUILDING ON THE PROPERTY LOCATED AT 13676 FENWAY
BOULEVARD NORTH AS PART OF THE CAMPUS DEVELOPMENT ON THE
NORTHWEST PORTION OF THE PROPERTY
WHEREAS, Victor Land Holdings, LLC, requested approval of a site plan and
development agreement for an approximately 43,000 square foot office, manufacturing,
and warehouse building, on property legally described as follows:
Lot 1, Block 2, Roy Molitor 4th Addition
WHEREAS, the Planning Commission has reviewed said site plan on December 16,
2021, and recommends approval subject to the conditions listed in this resolution.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the site
plan for Victor Land Holdings, LLC, for an approximately 43,000 square foot office,
manufacturing, and warehouse building, subject to the following conditions and findings:
1. All items on the Engineer’s memo and “red-line” detailed engineering comments that
have been sent directly to the applicant’s engineer dated December 16, 2021, shall be
addressed.
2. The applicant shall meet all conditions listed in the conditional use permit for the
campus development.
3. The applicant shall be required to apply for formal site plan approval for all future
phases to be considered by the Planning Commission and City Council.
4. The plans shall be revised to show proof of parking to be reviewed and approved by
City staff.
5. The proof of parking shall be constructed at any time deemed necessary by the City.
6. No exterior storage shall be located west of the building. All exterior storage shall
remain in the areas as approved with the campus development.
7. Prior to the installation of any signs, the applicant shall obtain a sign permit.
8. The landscaping shall be irrigated to ensure establishment.
9. The fence shall be black vinyl chain link.
10. 140th Street North shall be extended to the west property line of Lot 1, Block 2, Roy
Molitor 4th Addition.
Resolution 2022-____
Page 2
11. The overhead doors on the buildings within the campus development shall remain
closed from 9 p.m. to 6 a.m., except for normal operations of the business. The doors
shall be promptly closed after moving raw materials into the building for
manufacturing and moving finished product outside.
12. Dumpsters shall not be located outdoors north of the 143,000 square foot building
within the campus development.
Prior to the issuance of a building permit:
13. A Development Agreement and Assessment Agreement shall be executed for the
extension of 140th Street North.
14. The applicant shall submit cut sheets for the wall mounted light fixtures to be
reviewed and approved by staff.
a. The applicant shall revise the plans to show shield over the wall lights in
the north side of the building.
15. The applicant shall submit the final building material samples and colors for the
building to be reviewed and approved by staff. The materials shall be compatible and
cohesive with the existing buildings in the campus development.
16. The proposed metal awing design shall be reviewed and approved by staff.
17. The internal roof drainage system that shall be integrated into the building design and
shall be reviewed and approved by staff.
18. The trash receptacles shall be stored inside the building.
19. Cross access and maintenance agreement between the buildings shall be reviewed and
approved by staff. The document shall be recorded against the property.
Prior to issuance of a Certificate of Occupancy:
20. The extension of 140th Street North shall be completed with at least the first lift of
bituminous.
21. All roof top and ground mechanical equipment must be screened from view of
adjacent properties. Staff shall perform an inspection when equipment is installed to
ensure compliance with City code.
22. All required landscaping shall be fully installed.
23. Drainage and utility easements shall be dedicated to the City over the wetland,
stormwater management facilities, and utility extensions.
Resolution 2022-____
Page 3
ADOPTED by the City Council this 3rd day of January, 2022.
_______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
RESOLUTION 2021-___
APPROVING A CONDITIONAL USE PERMIT AMENDMENT FOR VICTOR
LAND HOLDINGS, LLC, TO ALLOW A CAMPUS DEVELOPMENT ON THE
PROPERTY LOCATED AT 13676 FENWAY BOULEVARD NORTH
WHEREAS, Victor Land Holdings, LLC, requested approval of a conditional use permit
amendment to allow a campus development on the property located at 13676 Fenway
Boulevard North, and legally described as follows:
Lot 1, Block 2, Roy Molitor 4th Addition
WHEREAS, the Planning Commission has reviewed said conditional use permit at a duly
called public hearing on December 16, 2021, and recommends approval subject to the
conditions listed in the conditional use permit.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
conditional use permit amendment for Victor Land Holdings, LLC, to allow a campus
development on the property located at 13676 Fenway Boulevard North, subject to the
conditions listed in the conditional use permit with the following findings and conditions:
1. Campus developments are allowed in the Business Park (BP) zoning district with
a CUP. The use is permissible by law.
2. The proposed use is consistent with the Business Park (BP) zoning of the
property.
3. The proposed campus development would be compatible with the City’s
Comprehensive Plan and the character of the area. The campus development
allows for a more efficient use of the property with shared access, parking,
circulation, and stormwater management.
4. The site has adequate facilities to serve the campus development, including shared
stormwater management and access to municipal sewer and water.
5. The site has adequate access to Fenway Boulevard.
6. The property is not located within a floodplain.
7. The proposed use will not have materials swept downstream.
8. The site is not located adjacent to public waters.
9. The property is not located within the shoreland overlay district and does not
involve watercrafts.
10. The property is not located within the shoreland overlay district.
Resolution 2022-_____
Page 2
11. The applicant shall be responsible for all necessary state and local permits.
12. The applicant shall revise the landscape plan to include additional landscaping
along the north property line, subject to review and approval by City staff.
13. The overhead doors on the buildings within the campus development shall remain
closed from 9 p.m. to 6 a.m., except for normal operations of the business. The
doors shall be promptly closed after moving raw materials into the building for
manufacturing and moving finished product outside.
14. Dumpsters shall not be located outdoors north of the 143,000 square foot building
within the campus development.
ADOPTED by the City Council this 3rd day of January, 2022
_______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
Rev. 12/29/21
Return To:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
DEVELOPMENT AGREEMENT
Lot 1, Block 2, Roy Molitor 4th Addition
THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and
between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of
Minnesota (hereinafter referred to as "City"); and Victor Land Holdings, LLC (hereinafter referred
to as "Developer").
WITNESS:
Victor Land Holdings, LLC 2
WHEREAS, the City Council of the City has, by Resolution Number 2022-______
on January 3, 2022 approved the Site Plan and Conditional Use Permit Amendment (“The Project”)
as proposed by the Developer; and,
WHEREAS, the Project proposed a development of an approximately 13 acre parcel
of land for an industrial campus development; and,
WHEREAS, the Project includes an extension of 140th Street North and will be
constructed as a public improvement project; and,
WHEREAS, the City has agreed to pay half the cost of the construction of 140th
Street North and assess the property for the remainder of the cost of construction; 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.
Victor Land Holdings, LLC 3
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
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 include the construction of building with associated parking and utilities.
The construction of 140th Street North will be constructed by the City and half the cost will be
assessed to the property. 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 project 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 project
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 shall be provided to the City upon completion of the
grading. Soil compaction tests shall be provided prior to the issuance of a building permit for each
Victor Land Holdings, LLC 4
respective lot.
d) Private Utilities: All utilities, including electricity, telephone,
natural gas and cable television, shall be installed underground.
e) Mailboxes: Developer shall coordinate mailbox locations with the
Postmaster.
f) 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.
g) 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 project 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.
6. Project Completion: All work for improvements listed herein on Exhibit A,
including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the
approval of the City in accordance with the approved plans. All improvements shall be
substantially completed to the reasonable satisfaction and approval of the City within twelve (12)
months of the execution of this agreement. 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. Construction Warranty
The developer’s engineer shall certify that grading within the project 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.
8. Drainage Easements.
a) Work within Easements: No improvements, landscaping, or grading,
other than improvements shown on the approved plans, shall be permitted in defined drainage
easements without the prior written permission of the City and any regulatory agency having
jurisdiction.
b) Maintenance Responsibilities: The Developer and its successors in
Victor Land Holdings, LLC 5
interest shall be responsible for routine maintenance of all storm water management ponds,
wetlands, and drainage areas within easements dedicated to the City on their property. Routine
maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond
or wetland areas. In the case of drainage swales, routine maintenance includes the removal of
obstructions from the swale as necessary to maintain proper drainage in addition to the
aforementioned items. The developer shall 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.
9. Lowest Floor Elevations. All minimum floor elevations shall comply with Hugo
City Code, 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 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.
10. Landscaping. All disturbed areas within the project shall be landscaped in
accordance with the approved landscape plans and the City’s Landscape Ordinance. 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. Unless specific arrangements are made and agreed to by the City, all
landscaping installed within the project 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.
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:
Victor Land Holdings, LLC 6
1. Miscellaneous Provisions. Developer specifically understands that this
project approval is given subject to the following requirements:
a) Recording. The developer shall record the Development Agreement
with Washington County, and shall forward confirmation of the Agreement to the City prior to the
issuance of building permits. Final project approval shall be contingent upon compliance with the
grading, storm water drainage and utility plan approved and upon compliance with this Agreement.
b) Deviations. No material deviations from the approved final project
shall be allowed unless approved in writing by the City. Approval herein is also given subject to
full compliance with the conditions of approval and findings adopted by the Planning Commission
and City Council in connection with the approval of the development.
c) 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.
d) 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. Outhouses are not anticipated to be
necessary with this project.
e) Deed restrictions shall advise owners of all lots of the requirements
of this Development Agreement as follows: THE LAND WITHIN THIS PROJECT,
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.
f) Developer shall remove all tree waste, junk, miscellaneous debris,
junk vehicles, and any other personal property from the land which does not comply with the City
Zoning Ordinance until final acceptance of the improvements.
E. DAMAGES AND DEFAULT:
1. Developer agrees to pay liquidated damages to the City, 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
Victor Land Holdings, LLC 7
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
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
Victor Land Holdings, LLC 8
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
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 project 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.
Victor Land Holdings, LLC 9
6. Developer will comply with and promptly perform all of its obligations
under this agreement.
Victor Land Holdings, LLC 10
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to
be duly executed on the day and year first above written.
CITY OF HUGO
By________________________________ By__________________________________
Tom Weidt, Mayor Michele Lindau, Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 202__, 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
Victor Land Holdings, LLC 11
DEVELOPER
Victor Land Holdings, LLC
Dated: _____________, 202___. ___________________________________
Victor Land Holdings, LLC
Member
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this ____ day of ___________, 202___, before me, a Notary Public within and for
said County, personally appeared _____________________, Member of Victor Land Holdings,
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
Victor Land Holdings, LLC 12
EXHIBIT A
LIST OF DEVELOPMENT PLANS
To be completed once plans are approved
Victor Land Holdings, LLC 13
EXHIBIT B
APPROVAL CONDITIONS
1. All items on the Engineer’s memo and “red-line” detailed engineering comments that have
been sent directly to the applicant’s engineer dated December 16, 2021, shall be addressed.
2. The applicant shall meet all conditions listed in the conditional use permit for the campus
development.
3. The applicant shall be required to apply for formal site plan approval for all future phases to
be considered by the Planning Commission and City Council.
4. The plans shall be revised to show proof of parking to be reviewed and approved by City
staff.
5. The proof of parking shall be constructed at any time deemed necessary by the City.
6. No exterior storage shall be located west of the building. All exterior storage shall remain in
the areas as approved with the campus development.
7. Prior to the installation of any signs, the applicant shall obtain a sign permit.
8. The landscaping shall be irrigated to ensure establishment.
9. The fence shall be black vinyl chain link.
10. 140th Street North shall be extended to the west property line of Lot 1, Block 2, Roy Molitor
4th Addition.
11. The overhead doors on the buildings within the campus development shall remain closed
from 9 p.m. to 6 a.m., except for normal operations of the business. The doors shall be
promptly closed after moving raw materials into the building for manufacturing.
12. Dumpsters shall not be located outdoors on the north of the 143,000 square foot building
within the campus development.
Prior to the issuance of a building permit:
Victor Land Holdings, LLC 14
13. A Development Agreement and Assessment Agreement shall be executed for the extension
of 140th Street North.
14. The applicant shall submit cut sheets for the wall mounted light fixtures to be reviewed and
approved by staff.
a. The applicant shall revise the plans to show shield over the wall lights in the north side
of the building.
15. The applicant shall submit the final building material samples and colors for the building to
be reviewed and approved by staff. The materials shall be compatible and cohesive with the
existing buildings in the campus development.
16. The proposed metal awing design shall be reviewed and approved by staff.
17. The internal roof drainage system that shall be integrated into the building design and shall be
reviewed and approved by staff.
18. The trash receptacles shall be stored inside the building.
19. Cross access and maintenance agreement between the buildings shall be reviewed and
approved by staff. The document shall be recorded against the property.
Prior to issuance of a Certificate of Occupancy:
20. The extension of 140th Street North shall be completed with at least the first lift of
bituminous.
21. All roof top and ground mechanical equipment must be screened from view of adjacent
properties. Staff shall perform an inspection when equipment is installed to ensure
compliance with City code.
22. All required landscaping shall be fully installed.
23. Drainage and utility easements shall be dedicated to the City over the wetland, stormwater
management facilities, and utility extensions.
Victor Land Holdings, LLC 15
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 $9,464. This sum is calculated to be four percent (4%) of the estimate of the required
improvements to be installed to serve the development (.04 X $236,600), plus $5,000 which is the
minimum balance required in the account, which has been satisfied.
b) Cash Escrow or Letter of Credit. A cash escrow or letter of credit is
not required with this project.
c) Storm Water Trunk Fee. The stormwater trunk fee was paid with
Roy Molitor 3rd Addition. All stormwater trunk fees have been paid for the plat.
d) Storm Water Ponding Fee. The storm water ponding requirement has
been met by the Developer within the plat. No storm water ponding fee will be applied.
e) Snow Plowing. This fee is not required since the 140th Street
construction project will be a public improvement project completed by the City.
f) Pavement Maintenance Fee. This fee is not required since the 140th
Street construction project will be a public improvement project completed by the City.
g) Park Dedication. Park Dedication for the plat was satisfied as part of
a previous development approval, and no additional park dedication is required.
h) Cul-de-sac Escrow. N/A
i) Escrow for Street Signage. Developer shall deposit $500.00 into an
escrow account with the City. This amount represents an estimated cost to install 1 sign within the
development at an estimated cost of $500 per sign. The final amount shall be based on actual costs.
j) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary
sewer trunk fee at $1,632 per SAC unit as determined by the Met Council. This will be paid with
the issuance of a building permit.
Victor Land Holdings, LLC 16
k) Water Trunk Fee. The development shall pay the City water trunk fee at
calculated to be $$1,960 per SAC unit as determined by the Met Council. This will be paid with
the issuance of a building permit.
l) Assessment. The developer shall enter into an Assessment
Agreement with the City prior to the issuance of a building permit. The estimated assessment levy
amount is $236,600.00 over a 5 year period with an interest rate of 4%.
1
───────────────────────────────────────────────────────
Return to:
David K. Snyder, Esq.
JOHNSON/TURNER LEGAL
56 E. BROADWAY AVENUE, SUITE 206
FOREST LAKE, MN 55025
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
ASSESSMENT AGREEMENT
THIS AGREEMENT, made and entered into this _____ day of ___________, 20___, by
and between the City of Hugo, a Minnesota municipality organized under the laws of the State of
Minnesota (hereinafter referred to as "City"); and Victor Land Holdings, LLC, a Minnesota limited
liability company (hereinafter referred to as "owner.").
WITNESS:
WHEREAS, the City Council has, by Resolution on approved assessments in connection
with site plan for a 43,000 square foot building with includes the construction of an extension of
140th Street North. Victor Land Holdings, LLC is the owner of the property identified on Exhibit
A attached hereto (the Property”) and desires to stipulate to the payment of a specified sum to for
the construction of street, water, and storm drainage improvements to the property as a public
2
improvement; 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 is undertaking the project based upon Victor Land
Holdings, LLC, undertakings expressed herein; and,
WHEREAS, the parties hereto desire to set forth their respective rights and obligations.
NOW, THEREFORE, in consideration of the premises and of the mutual promises and
conditions contained herein, it is agreed by the parties hereto as follows:
1. Owner will be assessed the following costs pursuant to the draft Amortization
Schedule attached hereto as Exhibit B. The owner agrees that the assessment amount may increase
or decrease when constriction bids are awarded including total project costs.
2. Victor Land Holdings, LLC. consents to the payment of assessments levied upon
the Property, if any, and waives and releases, on behalf of themselves and their successors in title,
the right to appeal from or challenge any assessment whether under Minn. Stat. § 429, state or
federal constitution.
3. Warranty of Title. Victor Land Holdings, LLC warrants and represents to the City
that they are the fee owner of the Subject Parcel described herein and that they have the authority to
execute this Assessment Agreement and agree to the conditions hereof.
4. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and
the terms and conditions hereof shall run with the lands described herein, and be binding on and
inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be
binding upon all future owners of all or any part of the subject property, and shall be deemed
covenants running with the land. Reference herein to Victor Land Holdings, LLC, if there be more
than one, shall mean each and all of them.
3
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 Victor Land Holdings, LLC. and charged
against the escrow account.
5. Governing Law. This Agreement shall be interpreted in accordance with and be
governed by the laws of the State of Minnesota.
6. Entire Agreement. This Agreement sets forth the entire agreement of the parties hereto
and supersedes all prior agreements and understandings between the parties with respect to the
matters contained herein.
7. Amendment, Modification or Waiver. No amendment, modification or waiver of any
condition, provision or term herein shall be valid or of any effect unless made in writing, signed by
the party or parties to be bound or by a duly authorized representative thereof and specifying with
particularity the extent and nature of such amendment, modification and waiver.
IN WITNESS WHEREOF, the City and Owner have caused this Agreement to be duly
executed on the day and year first above written.
[SIGNATURES ON FOLLOWING PAGE(S)]
4
Owner
Victor Land Holdings, LLC
(a Minnesota limited liability corporation)
Dated: _____________, 202__. ___________________________________
Victor Land Holdings, LLC
Member
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this ____ day of ___________, 202___, before me, a Notary Public within and for
said County, personally appeared _____________________, Member of Victor Land Holdings,
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
5
CITY OF HUGO
By: _________________________ By: ___________________________
Bryan Bear Michele Lindau
Its: City Administrator Its: City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of_______________,
2020, by Bryan Bear, the City Administrator, of the CITY OF HUGO, a Minnesota municipal
corporation, on behalf of said City with full authority so to do.
_________________________________
SIGNATURE OF NOTARY PUBLIC
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this ____ day of
_______________, 2020, by Michele Lindau, the City Clerk of the CITY OF HUGO, a Minnesota
municipal corporation, on behalf of said City with full authority so to do.
_________________________________
SIGNATURE OF NOTARY PUBLIC
DRAFTED BY:
David K. Snyder, Esq.
JOHNSON/TURNER LEGAL
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
651-464-7292
OFFICIAL SEAL OF NOTARY PUBLIC
OFFICIAL SEAL OF NOTARY PUBLIC
EXHIBIT A
(Legal Description)
Lot 1, Block 2, Roy Molitor 4th Addition
2
EXHIBIT B
Know what'sbelow.before you dig.CallRSchwieters Building 7Hugo, Minnesota VICINITY MAP C1COVER SITEBENCHMARKSofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_cover.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
OWNER:140TH STREET N.OWNER:ofEXISTING CONDITIONS
VICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038REVISIONS1.2.3.4.5.6.DRAWN BY:ISSUE DATE:bjs 7/30/21SCHWIETERS BUILDING 7
Hugo, Minnesota
f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\survey\8606-01_xcon.dwgSave Date:07/29/21 FILE NO:2122LEGENDThomas R. Balluff7/30/21License #:I hereby certify that this survey, plan orreport was prepared by me or under mydirect supervision and that I am a dulylicensed land surveyor under the laws ofthe State of MinnesotaName:Signature:Date:4036111C2BENCHMARKS
Know what'sbelow.before you dig.CallRREMOVALS PLANC3BENCHMARKS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_removals.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
Know what'sbelow.before you dig.CallRC4GRADING, DRAINAGE &
EROSION CONTROL PLANBENCHMARKS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_grade.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
Know what'sbelow.before you dig.CallRC5SITE & SIGN PLANBENCHMARKS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_site.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
Know what'sbelow.before you dig.CallRUTILITY PLANC6BENCHMARKS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_utility.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
C7DETAILS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_details.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
C8DETAILSNO PARKINGofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_details.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
C9DETAILS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_details.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota FRAMEFRAMECURB
C10CAMPUS EXHIBITBENCHMARKS
ofC11REVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_campus_exhibit.dwgSave Date:12/09/21 Brian J. Krystofiak, P.E.Name:Signature:Date:7/30/2021License #:25063I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
C11STORMWATER POLLUTION
PREVENTION PLANBENCHMARKS
ofC11REVISIONS1. 2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:KROBJK7/30/2021f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\engineering\preliminary\8606-01_swppp.dwgSave Date:12/09/21 Aaron D. Briski, P.E.Name:Signature:Date:7/30/2021License #:57811I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
6RB2WO3SB16SB2JSG7BF2FM8BH3JL6FM2WO7BH4BLL1LANDSCAPE PLAN
ofREVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\landscape\8606-01_landscape.dwgSave Date:12/09/21 Name:Signature:Date:License #:2RJRRJR7/30/2021Ryan J. Ruttger, RLA7/30/202156346I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, MinnesotaKnow what'sbelow.before you dig.CallRPLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6"
2'(MIN.)
6"
6"3 REQUIRED AT 120EXISTING GRADEGUY WIRE WITH WEBBINGFLAGGING- ONE PER WIREPLANTING SOIL MIXTURE (SEE SPEC.)MINIMUM 1/2 WIDTH OF ROOT BALL4"-6" SHREDDED BARKMULCHUNDISTURBED OR STABILIZEDSUBSOILNOTE: GUY ASSEMBLY OPTIONAL BUTCONTRACTOR ASSUMES FULLRESPONSIBILITY FOR MAINTAINING TREEIN A PLUMB POSITION FOR THEDURATION OF THE GUARANTEE PERIODGUY ASSEMBLY- 16"POLYPROPYLENE OR POLYETHYLENE(40 MIL) 1-1/2" WIDE STRAP (TYP)DOUBLE STRAND 10 GA. WIRE, 2-7"ROLLED STEEL POSTS (MnDOT 3401)@ 180° O.C. (SEE STAKING DIAGRAM)COORDINATESTAKING TO INSUREUNIFORMORIENTATION OF GUYLINES AND STAKES2. TRIM OUT DEAD WOOD AND WEAK AND/ORDEFORMED TWIGS. DO NOT CUT A LEADER. DONOT PAINT CUTS.4. PLACE PLANT IN PLANTING HOLE WITHBURLAP AND WIRE BASKET, (IF USED), INTACT.BACKFILL WITHIN APPROXIMATELY 12" OF THETOP OF ROOTBALL, WATER PLANT. REMOVETOP 1/3OF THE BASKET OR THE TOP TWOHORIZONTAL RINGS, WHICHEVER IS GREATER.REMOVE ALL BURLAP AND NAILS FROM TOP1/3 OF THE BALL. REMOVE ALL TWINE.3. SET PLANT ON UNDISTURBED NATIVE SOILOR THOROUGHLY COMPACTED BACKFILL SOIL.INSTALL PLANT SO THE ROOT FLARE IS AT ORUP TO 2" ABOVE THE FINISHED GRADE.6. WATER TO SETTLE PLANTS AND FILLVOIDS.5. PLUMB AND BACKFILL WITHBACKFILL SOIL.7. WATER WITHIN TWO HOURS OFINSTALLATION. WATERING MUST BESUFFICIENT TO THOROUGHLY SATURATEROOT BALL AND PLANTING HOLE.8. PLACE MULCH WITHIN 48 HOURS OFTHE SECOND WATERING UNLESS SOILMOISTURE IS EXCESSIVE.1. SCARIFY BOTTOM AND SIDES OF HOLEPRIOR TO PLANTING2'(MIN.)
6"12"UNDISTURBED SUBSOIL( SEE LANDSCAPE NOTES FOR TYPE OF MULCH )REMOVE BURLAP & ROPEFROM TOP 1/3 OF BALLIF SHRUB IS B & B, THENBACKFILL MIX4 INCHES MULCH
3YEW14LLA3YEW10APC14LLA5YEW19ABH14LLA3JSG5RTD15SPG5ABH2JSG3ABH5RTD23SPGTREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERFM8Acer x freemanii `Sienna`Sienna Glen Maple2.5" Cal.B&BRB6Betula nigraClump Form, 2.5" Cal EquivalentRiver Birch Multi-Trunk10` Ht.B&BWO4Quercus bicolorSwamp White Oak2.5" Cal.B&BBL4Tilia americana `Boulevard`Boulevard Linden2.5" Cal.B&BCONIFEROUS TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERBF7Abies balsameaBalsam Fir6` Ht.B&BBH15Picea glauca densataBlack Hills Spruce6` Ht.B&BORNAMENTAL TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERSB19Amelanchier x grandiflora `Autumn Brilliance`Clump Form, 1.5" Cal EquivalentAutumn Brilliance Serviceberry7` Ht.B&BJL3Syringa reticulata `Ivory Silk`White FlowersIvory Silk Japanese Tree Lilac1.5" Cal.B&BSHRUBSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERRTD10Cornus sericea `Alleman`s Compact`Dwarf Red Twig Dogwood#3 Cont.ABH27Hydrangea arborescens `Annabelle`Annabelle Hydrangea#3 Cont.LLA42Rhododendron x `Lemon Lights`Lemon Lights Azalea#3 Cont.APC10Ribes alpinumAlpine Currant#3 Cont.SPG38Spiraea x bumalda `Goldflame`Gold Foliage, Red FlowersGoldflame Spirea#3 Cont.EVERGREEN SHRUBSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERJSG7Juniperus chinensis `Sea Green`Sea Green Juniper#5 Cont.YEW11Taxus x media `Tauntonii`Tauton Yew#5 Cont.GROUND COVERSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERROCK2,090 sfRock MulchNon-Woven Geotextile Incidental1.5" Trap Rock Mulch4" DepthSOD6,754 sfTurf Sod BluegrassKentucky BluegrasssodTIV19,716 sfType IV - Buffer Seed MixRefer to notes for acceptable seedingmethods. Seeding Rate 55.0 lb/acMnDOT Seed Mix 35-241seedPLANT SCHEDULEL2LANDSCAPE PLAN
ofREVISIONS1. 12/9/21 per City Comments.2. 3. 4. 5.6.DRAWN BY:DESIGNED BY:ISSUE DATE:f:\jobs\8601 - 8620\8606-01 - schwieters cold storage\cad c3d\landscape\8606-01_landscape.dwgSave Date:12/09/21 Name:Signature:Date:License #:2RJRRJR7/30/2021Ryan J. Ruttger, RLA7/30/202156346I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Landscape Architect under thelaws of the State of MinnesotaVICTOR LAND HOLDINGS, LLC
13925 Fenway Avenue N
Hugo, MN 55038
SCHWIETERS BUILDING 7
Hugo, Minnesota
RR
1 2 3 4 5
A
B
C
D
E
24'-0"Wx 16'-0"H OH DOOR
24'-0"Wx 16'-0"H OH DOOR
15'-0"W x 16'-0"H
OH DOORS
24'-0"Wx 16'-0"H OH DOOR 200'-0"60'-0"60'-0"60'-0"20'-0"230'-0"
60'-0"60'-0"60'-0"50'-0"
172 SF
ELECT
431 SF
EMPLOYEE
BREAK
ROOM
125 SF
SPK
RISER
456 SF
UTILITY
ROOM
UP TO FOREMAN'S
OFFICE & MEZZANINE
STORAGE ABOVE
A300
E2
A300
D3 A300
C3
A300
B1
15'-0"W x 16'-0"H
OH DOORS
15'-0"W x 16'-0"H
OH DOORS
89 SF
ENTRY
96'-0"
ENTRY CANOPY
ABOVE
40643 SF
MANUFACTURING
Scale
Project number
Date
Drawn by
Checked by
Revisions
1 2 3 4 5 6 7
1 2 3 4 5 6 7
A
B
C
D
E
A
B
C
D
E
I hereby certify this plan, specification or
report was prepared by me or under my
direct supervision and that I am a duly
Licensed Architect under the laws of the
state ofMINNESOTA
Mark Wentzell
Date: 07.18.18 Reg. No: 15125
SITE PLAN
REVIEW
7/30/2021NOT FOR CONSTRUCTION1/16" = 1'-0"7/29/2021 11:24:22 AMA100
FLOOR PLAN - FIRST
FLOOR
21009.00
BUILDING '7'
MANUFACTURING
VICTOR LAND
HOLDINGS
7/30/2021
ZHF
MW
1/16" = 1'-0"E3 FLOOR PLAN - FIRST FLOOR
N
NO. DESCRIPTION DATE
DN
1 2 3 4 5
A
B
C
D
E
487 SF
FOREMAN'S
OFFICE
MANUFACTURING
FACILITY BELOW
A300
E2
A300
D3 A300
C3
A300
B1
230'-0"
60'-0"60'-0"60'-0"50'-0"200'-0"60'-0"60'-0"60'-0"20'-0"96'-0"
1347 SF
MEZZANINE
STORAGE
ENTRY CANOPY
BELOW
Scale
Project number
Date
Drawn by
Checked by
Revisions
1 2 3 4 5 6 7
1 2 3 4 5 6 7
A
B
C
D
E
A
B
C
D
E
I hereby certify this plan, specification or
report was prepared by me or under my
direct supervision and that I am a duly
Licensed Architect under the laws of the
state ofMINNESOTA
Mark Wentzell
Date: 07.18.18 Reg. No: 15125
SITE PLAN
REVIEW
7/30/2021NOT FOR CONSTRUCTION1/16" = 1'-0"7/29/2021 11:24:23 AMA110
FLOOR PLAN -
MEZZANINE
21009.00
BUILDING '7'
MANUFACTURING
VICTOR LAND
HOLDINGS
7/30/2021
ZHF
MW
N
1/16" = 1'-0"E3 FLOOR PLAN - MEZZANINE
NO. DESCRIPTION DATE
FIRST FLOOR
100' - 0"
MEZZANINE
113' - 2"
T.O. PRECAST
130' - 0"
12345
01
0506
0707 08
05
050102TYP.7'-4"10
TYP.
3'-4"8'-0"12'-0"6'-0"TYP15'-10"TYP5'-0"TYP
6'-0"
FIRST FLOOR
100' - 0"
MEZZANINE
113' - 2"
T.O. PRECAST
130' - 0"
ABCDE
10
0102
0506
01 15'-10" TYP.TYP.5'-0"TYP.
6'-0"
3'-0"
FIRST FLOOR
100' - 0"
MEZZANINE
113' - 2"
T.O. PRECAST
130' - 0"
A B C D E
0702
0506
01 07TYP16'-0"24'-0"
3'-4"7'-4"11 11 01TYP15'-10"TYP5'-0"TYP
6'-0"
24'-0"
0805
05
05
8'-0"3'-0"
3'-0"
FIRST FLOOR
100' - 0"
T.O. PRECAST
130' - 0"
1 2 3 4 5
0506
01071111 11 01 1107TYP7'-4"TYP
3'-4"TYP5'-0"TYP15'-10"TYP
6'-0"TYP16'-0"24'-0"
TYP. U.N.O.
15'-0"
11 11 11
Scale
Project number
Date
Drawn by
Checked by
Revisions
1 2 3 4 5 6 7
1 2 3 4 5 6 7
A
B
C
D
E
A
B
C
D
E
I hereby certify this plan, specification or
report was prepared by me or under my
direct supervision and that I am a duly
Licensed Architect under the laws of the
state ofMINNESOTA
Mark Wentzell
Date: 07.18.18 Reg. No: 15125
SITE PLAN
REVIEW
7/30/2021NOT FOR CONSTRUCTION3/32" = 1'-0"7/29/2021 11:24:24 AMA300
EXTERIOR
ELEVATIONS
21009.00
BUILDING '7'
MANUFACTURING
VICTOR LAND
HOLDINGS
7/30/2021
ZHF
MW
3/32" = 1'-0"B1 NORTH ELEVATION
3/32" = 1'-0"C3 EAST ELEVATION
3/32" = 1'-0"D3 WEST ELEVATION
3/32" = 1'-0"E2 SOUTH ELEVATION
KEYNOTES - ELEVATIONS
01 INSULATED PRECAST PANEL WITH INSET RELIEF PATTERN; MATCH COLOR AND
TEXTURE AT EXISTING BUILDING '5'; COLOR SHOWN IS APPROXIMATE
02 HORIZONTAL RELIEF IN FACE OF PANEL, TYP.
03 NOT USED.
04 NOT USED
05 PREFINISHED ALUMINIUM STOREFRONT
06 PREFINISHED METAL ROOF COPING
07 HOLLOW METAL DOOR & FRAME, PAINTED
08 ENTRY CANOPY
09 NOT USED
10 POTENTIAL SIGN LOCATION
11 2" INSULATED OVERHEAD SECTIONAL DOOR; PREFINISHED
NO. DESCRIPTION DATE
Scale
Project number
Date
Drawn by
Checked by
Revisions
1 2 3 4 5 6 7
1 2 3 4 5 6 7
A
B
C
D
E
A
B
C
D
E
I hereby certify this plan, specification or
report was prepared by me or under my
direct supervision and that I am a duly
Licensed Architect under the laws of the
state ofMINNESOTA
Mark Wentzell
Date: 07.18.18 Reg. No: 15125
SITE PLAN
REVIEW
7/30/2021NOT FOR CONSTRUCTION7/29/2021 11:24:24 AMA301
CONCEPTUAL
RENDERING
21009.00
BUILDING '7'
MANUFACTURING
VICTOR LAND
HOLDINGS
7/30/2021
ZHF
MW
NO. DESCRIPTION DATE
Recap of Conversation with Hugo Planning Commission Leaders
Topic: Future Schwieters Facility Plans Impacting Fenway Community
Updated December 24, 2021
Background: On December 16th, the Fenway Place Community provided the Hugo Planning Commission
with the following concerns, questions, & thoughts related to future development surrounding our area.
1) Noise issues with Schwieters’ facility on west side of Fenway Boulevard—asked that receiving and
shipping doors not be open for extended periods during the evening/overnight hours (9pm to 7am), as loud
manufacturing noises can be heard by our residents. We understand that Schwieters has operational needs
in moving product in and out of the facility, but leaving up to eighteen (18) garage doors open for extended
periods should not be normal business practice. The Planning Commission members led this discussion, as
they clearly understood the concerns about noise with compassion and empathy.
Past promises of addressing the noise concerns with Planning Commission, City Council, and Schwieters
have not generated any concrete solutions. Now with another proposed manufacturing facility we will have
even more traffic, noise, and disruption to our residential community. When will Hugo’s elected
representatives show leadership and find a solution so that everyone can enjoy the Hugo area? Now it is
time for the Hugo City Council and Schwieters to clearly document what they will do (and not do) to help
business entities and residential areas coexist, so that noise issues do not continue to be a problem.
2) Long-term plan for extension of 140th Street—eventually this road will connect with Elmcrest Road. We
specifically asked that 140th Street have weight limitations to eliminate large load transportation vehicles,
as a way to minimize noise. This request is because the road will go through marshlands, a preserve boggy
area, and residential communities. Will Schwieters’ entrances from 140th be only for employee vehicles or
also accommodate larger transport trucks? Weight limits on roads are not unique.
3) Schwieters’ original plan for 2020 facility expansion provided assurances that have not materialized
i.e., "Sherwood forest would be in place to block view for Fenway residents.” Schwieters acknowledges
that this statement was made, but they are not sure what it means or how it would be implemented. All
three buildings will have large operational garage doors that Schwieters intends to leave open when it is
convenient and financially beneficial to their operations. Not a solution that demonstrates concern for the
noise issue and the surrounding residential communities.
4) Schwieters operations:
• Two separate companies owned by different parts of the family. One does cabinet making and
inside components, while the other makes trusses and larger building framework.
• Hours of operation—run two shifts 6am-4pm (10 hours) and 4pm-4am (12 hours).
• Plan is to use 140th Street for large truck access.
• Proposed new facility will have employee parking on the north side towards Fenway community.
Employees leaving work at 4am is clearly going to be a potential problem.
Fenway Place residents emphasized that Schwieters appears to be a well-run operation and a good
neighbor in many respects. We understand they need to run their business according to marketplace
demands, but we also ask that they be conscious of their previous commitments and address the concerns
of their residential neighbors, especially related to excessive and repetitive overnight noise.
We were impressed with the Hugo Planning Commission’s efforts to understand the noise issues/concerns
and to request possible solutions. The Commission passed a resolution that approved a third facility, with
the understanding that conscious efforts would address and minimize excessive overnight noise.
This resolution will go to the Hugo City Council for a vote on January 3rd. Fenway Place will have
representative(s) at that time to communicate our concerns and offer specific recommendations.
Ideas to Minimize Noise Issues during Overnight Hours (9pm to 7am) for Residential Communities
Schwieters Recommended Next Steps:
• Receiving and shipping doors throughout the entire campus will only be open for product
movement. Doors will immediately close after product enters or leaves buildings. Leaving doors
open for extended periods during the warmer months will not be normal operating procedure.
• Build a tall berm (minimum 6 feet) at any new facility parking area that faces residential areas.
Minimizes lights & noise of employees’ cars leaving at night or early morning hours, i.e. 4am.
• Build a solid sound barrier wall (minimum 15 feet) on the north side of the main manufacturing
facility (replace chain link fence). This will act as a security fence as well as noise suppressor.
• Provide high-quality sound machines to all Fenway Place residential locations for noise mitigation
during the overnight sleeping period.
• Limit deliveries of materials and shipping finished product to normal working hours (7am to 9pm).
This needs to apply to the entire complex regardless of what family owns the facility.
• Schedule garbage dumpster/trash removal with their contractor(s) on normal working hours (7am
to 9 pm).
Hugo City Council Recommended Next Steps & Questions:
• Establish truck traffic statute that will limit weight restrictions on 140th Street to eliminate access by
larger semis. Need to clarify type and size of vehicles that will access any new facility.
• Establish regulation that semi-trailers must use Fenway Boulevard as the sole access point for all
Schwieters facilities.
• Sod farm property north of Fenway Place was originally determined to be residential property for
future development. Has this changed to commercial zoning—please explain?
• Concerned that Schwieters (or other commercial entity) may purchase additional property to create
manufacturing operations, thus surrounding the Fenway Place residential community.
o Has Schwieters discussed with Excel Energy to expand their operations south?
From:Bill Mahre
To:Michele Lindau
Subject:Schwieters Proposed Expansion & Hugo City Council Meeting (January 3rd agenda item)
Date:Friday, December 24, 2021 12:13:37 PM
Attachments:Schwieters Proposed New Facility Concerns with Hugo Planning Commission.pdf
Caution: This email originated outside our organization; please use caution.
Michele,
I have been requested by the Fenway Place Association to discuss the attached with the Hugo
City Council at the January 3rd meeting.
This subject was already covered with the Hugo Planning Commission at their December
16th meeting. Thought it would be helpful for the Council Members to have our recap and
perspective in advance to make it easier and more productive for everyone.
There are a number of Fenway Place residents that would like to comment. While many may
show up at this meeting, we wanted to have one voice to the Council Members to make
questions and the discussion operate more efficiently.
If you any questions, please let me know. Hope you and your family have a wonderful
Christmas and holiday season.
Sincerely,
Bill Mahre
651.323.8749
bmahre@hotmail.com
Recap of Conversation with Hugo Planning Commission Leaders
Topic: Future Schwieters Facility Plans Impacting Fenway Community
Updated December 24, 2021
Background: On December 16th, the Fenway Place Community provided the Hugo Planning Commission
with the following concerns, questions, & thoughts related to future development surrounding our area.
1) Noise issues with Schwieters’ facility on west side of Fenway Boulevard—asked that receiving and
shipping doors not be open for extended periods during the evening/overnight hours (9pm to 7am), as loud
manufacturing noises can be heard by our residents. We understand that Schwieters has operational needs
in moving product in and out of the facility, but leaving up to eighteen (18) garage doors open for extended
periods should not be normal business practice. The Planning Commission members led this discussion, as
they clearly understood the concerns about noise with compassion and empathy.
Past promises of addressing the noise concerns with Planning Commission, City Council, and Schwieters
have not generated any concrete solutions. Now with another proposed manufacturing facility we will have
even more traffic, noise, and disruption to our residential community. When will Hugo’s elected
representatives show leadership and find a solution so that everyone can enjoy the Hugo area? Now it is
time for the Hugo City Council and Schwieters to clearly document what they will do (and not do) to help
business entities and residential areas coexist, so that noise issues do not continue to be a problem.
2) Long-term plan for extension of 140th Street—eventually this road will connect with Elmcrest Road. We
specifically asked that 140th Street have weight limitations to eliminate large load transportation vehicles,
as a way to minimize noise. This request is because the road will go through marshlands, a preserve boggy
area, and residential communities. Will Schwieters’ entrances from 140th be only for employee vehicles or
also accommodate larger transport trucks? Weight limits on roads are not unique.
3) Schwieters’ original plan for 2020 facility expansion provided assurances that have not materialized
i.e., "Sherwood forest would be in place to block view for Fenway residents.” Schwieters acknowledges
that this statement was made, but they are not sure what it means or how it would be implemented. All
three buildings will have large operational garage doors that Schwieters intends to leave open when it is
convenient and financially beneficial to their operations. Not a solution that demonstrates concern for the
noise issue and the surrounding residential communities.
4) Schwieters operations:
• Two separate companies owned by different parts of the family. One does cabinet making and
inside components, while the other makes trusses and larger building framework.
• Hours of operation—run two shifts 6am-4pm (10 hours) and 4pm-4am (12 hours).
• Plan is to use 140th Street for large truck access.
• Proposed new facility will have employee parking on the north side towards Fenway community.
Employees leaving work at 4am is clearly going to be a potential problem.
Fenway Place residents emphasized that Schwieters appears to be a well-run operation and a good
neighbor in many respects. We understand they need to run their business according to marketplace
demands, but we also ask that they be conscious of their previous commitments and address the concerns
of their residential neighbors, especially related to excessive and repetitive overnight noise.
We were impressed with the Hugo Planning Commission’s efforts to understand the noise issues/concerns
and to request possible solutions. The Commission passed a resolution that approved a third facility, with
the understanding that conscious efforts would address and minimize excessive overnight noise.
This resolution will go to the Hugo City Council for a vote on January 3rd. Fenway Place will have
representative(s) at that time to communicate our concerns and offer specific recommendations.
Ideas to Minimize Noise Issues during Overnight Hours (9pm to 7am) for Residential Communities
Schwieters Recommended Next Steps:
• Receiving and shipping doors throughout the entire campus will only be open for product
movement. Doors will immediately close after product enters or leaves buildings. Leaving doors
open for extended periods during the warmer months will not be normal operating procedure.
• Build a tall berm (minimum 6 feet) at any new facility parking area that faces residential areas.
Minimizes lights & noise of employees’ cars leaving at night or early morning hours, i.e. 4am.
• Build a solid sound barrier wall (minimum 15 feet) on the north side of the main manufacturing
facility (replace chain link fence). This will act as a security fence as well as noise suppressor.
• Provide high-quality sound machines to all Fenway Place residential locations for noise mitigation
during the overnight sleeping period.
• Limit deliveries of materials and shipping finished product to normal working hours (7am to 9pm).
This needs to apply to the entire complex regardless of what family owns the facility.
• Schedule garbage dumpster/trash removal with their contractor(s) on normal working hours (7am
to 9 pm).
Hugo City Council Recommended Next Steps & Questions:
• Establish truck traffic statute that will limit weight restrictions on 140th Street to eliminate access by
larger semis. Need to clarify type and size of vehicles that will access any new facility.
• Establish regulation that semi-trailers must use Fenway Boulevard as the sole access point for all
Schwieters facilities.
• Sod farm property north of Fenway Place was originally determined to be residential property for
future development. Has this changed to commercial zoning—please explain?
• Concerned that Schwieters (or other commercial entity) may purchase additional property to create
manufacturing operations, thus surrounding the Fenway Place residential community.
o Has Schwieters discussed with Excel Energy to expand their operations south?
112/29/2021 4:01 PMScheduled/posted meetings in greenSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31January 2022Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28February 2022January 2022Dec 262728293031Jan 1, 22New Year's Day (United States)23456787:00pm City Council91011121314156:30pm BOZA7:00pm Planning Comm5:00pm Hugo Fire Dept Banquet (Hugo Legion) - Michele Lindau16171819202122Martin Luther King Day (United States)5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm232425262728295:00pm Goal Setting (Council Chambers) - Michele Lindau6:30pm BOZA7:00pm Planning Comm3031Feb 12345SUNDAY MONDAY TUESDAYWEDNESDAY THURSDAY FRIDAY SATURDAY
212/29/2021 4:01 PMScheduled/posted meetings in greenSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28February 2022Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31March 2022February 2022Jan 3031Feb 12345Groundhog Day (United States)67891011127:00pm City Council6:30pm BOZA7:00pm Planning CommLincoln's Birthday (United States)13141516171819Valentine's Day (United States)5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm20212223242526Presidents' Day (United States)7:00pm Council reschedule or cancel6:30pm BOZA7:00pm Planning Comm2728Mar 12345SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY