HomeMy WebLinkAbout2022.02.07 CC Packet
Meetings of the City Council are held in the Council Chambers. For those wishing to
speak but do not wish to attend can participate in the meeting virtually via ZOOM. The
meeting ID and passcode are below. Contact City Clerk Michele Lindau at 651-762-6315
with questions.
ZOOM ID: 860 0926 5485
Passcode: 790119
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. January 3, 2022 City Council Meeting
2. January 15, 2022 Fire Department Annual Banquet
3. January 24, 2022 Council Goal Setting Session
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Parks Commission Annual Report – Parks Planner Shayla Denaway
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Worker Neal Nelson
3. Approve Six-Month Performance Review for Building Inspector Terry Hagstrom
4. Approve Advertisement for Public Works Summer Seasonal Workers
5. Approve Hiring of Jennifer Compton as Finance and Public Works Administrative
Assistant
6. Approve Resignation of Planning Commissioner Kim Luchsinger
7. Approve Minnesota Opioids State-Subdivision Memorandum of Agreement and
Resolution
8. Approve Donation from the American Legion to the Hugo Fire Department
9. Approve Donation from National Contractor License Agency to the Hugo Fire
Department
10. Approve Amendment to Compost Site Cooperative Agreement with Washington County
Agenda
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, FEBRUARY 7, 2022 – 7 P.M.
11. Approve Resolution Approving Variance for Kruse Property Located North of 122nd
Street North and West of Ingersoll Avenue North
12. Approve Resolution Approving Property Line Adjustment for Danielson – 17100
Ingersoll Ave
13. Approve Special Use Permit Review for Bald Eagle Sportsmen Association - 6577
125th Street N
14. Approve Final Plat and Development Agreement for Rice Lake Reserve 2nd Addition
15. Approve Authorization to Advertise for Dust Control
16. Approve Pay Request No. 16 to Ebert Construction for the Public Works Facility
Project
17. Approve Pay Request No. 8 to Ebert Construction for PW Salt and Materials Storage
Building
18. Approve Pay Request No. 3 to A-1 Excavating, Inc. for 121st Street & Acres of Bald
Eagle
19. Approve Pay Request No. 6 to Schreiber Mullaney Construction for Lions Park
Pavilion
H. PUBLIC HEARING
1. None Scheduled
I. UNFINISHED BUSINESS
1. Approve 2022 City Focus Goals and Ongoing Priorities
2. Update on Hopkins Schoolhouse
J. NEW BUSINESS
1. Discuss and Adopt the Street CIP
2. Authorize Preparation of Plans and Specs for 140th Street Improvement Project
K. VISITOR PRESENTATIONS
1. None Scheduled
L. COUNCIL PRESENTATIONS
1. None Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Hugo Area Business Association Breakfast Tuesday, February 8, 2022
2. Reschedule Second Meeting in February to Tuesday, February 22, 2022
3. Sledding Party Saturday, February 26, 2022
4. Schedule Redistricting Workshop for Monday, March 14, 2020
5. Approve 2022 Citywide Cleanup Dates for Saturday April 16 and September 17
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON FEBRUARY 7, 2022
D.1 Approve Minutes for the January 3, 2022 City Council Meeting
D.2 Approve Minutes for the January 15, 2022 Fire Department Annual Banquet
D.2 Approve Minutes for the January 24, 2022 Council Goal Setting
Staff recommends Council approve the above minutes as presented.
F.1 2021 Parks Commission Annual Report- Parks Planner Shayla Denaway
Parks Planner Shayla Denaway will present to Council the Parks Commission Annual Report for
2021.
G. 1 Approve Claims Roster
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Public Works Worker Neal Nelson
Neal Nelson was hired on January 3, 2017, as a Public Works Worker. Public Works Director
Scott Anderson recommends Council approve the Annual Performance Review for Neal Nelson.
G.3 Approve Six-Month Performance Review for Building Inspector Terry Hagstrom
At its July 19, 2021, meeting, Council approved the hiring of Terry Hagstrom as the new
building inspector effective July 12, 2021. Terry has completed the six-month probation period.
Building Official Joel Hoistad is recommending Council approve the six-month performance
review and retain Terry Hagstrom as a building inspector for the City of Hugo.
G.4 Approve Advertisement for Public Works Summer Seasonal Workers
Staff is requesting authorization to advertise and hire a total of six seasonal employees for the
public works department. In the 2022 General Fund Budget, Council approved the six seasonal
positions. Seasonal Public Works Employees assist with mowing, garbage/litter removal, park
maintenance, boulevard and general Public Works maintenance. A starting hourly wage of
$13.00/hour was approved in the 2022 General Fund Budget for these positions. These positions
will not exceed 40 hours per week. Staff recommends City Council approval to advertise for
Public Works Summer Seasonal workers.
G.5 Approve Hiring of Jennifer Compton as Finance and Public Works Administrative
Assistant
At its November 15, 2021 meeting, Council approved Anna Wobse as the new Finance Director,
Amber Lozier as the new Accounting Clerk and the advertising for a new Finance and Public
Works Administrative Assistant. Staff had received 31 applications and has selected Jennifer
Compton to fill this positon. Staff recommends Council approve the hiring of Jennifer Compton
as the new Finance and Public Works Administrative Assistant beginning February 14, 2022.
G.6 Approve Resignation of Planning Commissioner Kim Luchsinger
At its October 16, 2017, the Council appointed Kim Luchsinger to serve as a commissioner on
the Planning Commission. Kim Luchsinger has submitted an email requesting Council accept her
resignation effective December 31, 2021. Staff recommends Council accept the resignation of
Planning Commissioner Kim Luchsinger.
G.7 Approve Minnesota Opioids State-Subdivision Memorandum of Agreement and
Resolution
The potential impacts of the Opioids crisis to Minnesota cities include an array of significant,
direct, and indirect costs to public health and public safety resources. The Minnesota Attorney
General’s Office joined a multi-state settlement with opioid distributors in the summer of 2021.
The total amount of this settlement is $26 billion and requires state and local governments to use
most of the money on abatement activities. Minnesota’s share could be as much as $337 million
over a period of several years. Cities with populations over 10,000 are being asked to sign on to
the national settlement. The more political subdivisions that sign onto the settlement agreement,
the more money Minnesota will receive in the settlement. Staff recommends Council approve the
MN Opioids State-Subdivision Memorandum of Agreement and the Resolution.
G.8 Approve Donation from the American Legion to the Hugo Fire Department
The Hugo American Legion would like to donate $1,000 to the Hugo Fire Department for
training and equipment. Donations to the Fire Department need to be approved by Council.
Staff recommends Council approve the donation of $1,000 to the Hugo Fire Department from the
Hugo American Legion.
G.9 Approve Donation from National Contractor License Agency to the Hugo Fire
Department
National Contractor License Agency, Inc. would like to donate $2,500 to the Hugo Fire
Department. Donations to the Fire Department need to be approved by Council. Staff
recommends Council approve the donation of $2,500 to the Hugo Fire Department from the
National Contractor License Agency.
G.10 Approve Amendment to Compost Site Cooperative Agreement with Washington
County
In June, 2019, Council approved a Cooperative Agreement and Lease for the City’s Compost
Site at 5527 170th Street. A similar agreement was made with Daniel Bayless, the owner of the
property to the east of the Compost Site, expanding the operation. Washington County took over
the management of the site to service all of Washington and Ramsey County temporarily until a
permanent location in Forest Lake is completed. This is expected to be done sometime during
the summer of 2023. The lease agreement with the City and Bayless runs concurrently for one
year ending on December 31, 2022. The County is requesting the City approve an amendment to
the cooperative agreement to extend the lease until December 31, 2023. The County has already
secured the extension of the lease from Dan Bayless. Staff recommends Council approve
Amendment No. 1 of the Cooperative Agreement with Washington County for the Hugo Yard
Waste Collection Site.
G.11 Approve Resolution Approving Variance for Kruse Property Located North of 122nd
Street North and West of Ingersoll Avenue North
Joel and Amanda Kruse are requesting two variances for construction of a new home on a vacant
lot on Sunset Lake. The first variance is for the home shoreland setback to be 21.2 feet from the
Ordinary High Water (OHW) mark of Sunset Lake, where 100 feet is required by ordinance. The
second variance is for the home front yard setback to be 19.3 feet from the front property line,
where 40 feet is required by ordinance. At its January 27, 2022, meeting the Board of Zoning
Appeals and Adjustments held a public hearing and considered the request. There was no one
that spoke during the public hearing except the applicant. The Board agreed the variance requests
met the criteria to approve the request and unanimously recommended approval of the variances.
G.12 Approve Resolution Approving Property Line Adjustment for Danielson – 17100
Ingersoll Ave.
Todd Danielson is requesting approval of a property line adjustment for his properties located at
the northwest corner of Ingersoll Avenue North and 170th Street North. Staff finds that both
properties will comply with all applicable regulations in the City Code with the approval of the
property line adjustment. Staff recommends approval of the resolution approving a property line
adjustment for Todd Danielson for properties located at 17100 Ingersoll Avenue North.
G.13 Approve Special Use Permit Review for Bald Eagle Sportsmen Association - 6577
125th Street N.
The Bald Eagle Sportsmen’s Association (BESA) has a SUP to operate a gun club on property
located at 6557 125th Street North. The SUP was originally approved in 2007 with a condition it
be reviewed prior to December 1st on the even numbered years, or if the SUP is amended or
violated. There have been no changes on the property since the SUP was last reviewed in
December 2018. Staff recommends renewal of the SUP for the Bald Eagle Sportsmen’s
Association located at 6557 125th Street North.
G.14 Approve Final Plat and Development Agreement for Rice Lake Reserve 2nd Addition
M/I Homes Minneapolis/St. Paul LLC, is requesting approval of a final plat and development
agreement in order to plat 31 lots and 2 outlots to be known as Rice Lake Reserve 2nd Addition.
The City Council reviewed and approved the preliminary plat and PUD for Rice Lake Reserve at
its January 6, 2020, meeting. The final plat for phase two will plat 31 lots from the Rice Lake
Reserve preliminary plat. The lots meet the minimum lot standards and requirements outlined in
the regulations for the Rice Lake Reserve PUD. Staff recommends approval the resolution
approving the Final Plat and Development Agreement for Rice Lake Reserve, subject to review
and approval by the City Attorney.
G.15 Approve Authorization to Advertise for Dust Control
Staff is requesting authorization from the City Council to advertise for bids for the City's 2022
gravel road dust control project. The City of Hugo currently applies dust control to approximately
28 miles of gravel roads located within its municipal boundaries. Following City Council
approval, staff will advertise and solicit bids through the City newspaper and will hold a bid
opening in early April followed by the Council considering bids. The dust control/stabilization
would be applied in two separate applications, once in mid -May and again in early to mid -
August. Staff recommends approval to advertise for bids for the City's 2022 gravel road dust
control project.
G.16 Approve Pay Request No. 16 to Ebert Construction for the Public Works Facility
Project
Ebert Construction has submitted an application for payment for the City of Hugo Public Works
Facility project in the amount of $435,367.57. The quantities completed to date have been
reviewed and agreed upon by the architect, contractor and city staff. The amount in the request
reflects the work certified through January 2022, with a 5% retainage applied. Total retainage
being held for the project to date is $454,792.79. Staff recommends the City Council approve
Pay Request No. 16 in the amount of $435,367.57 to Ebert Construction for the construction of
the City of Hugo Public Works facility.
G.17 Approve Pay Request No. 8 to Ebert Construction for PW Salt and Materials Storage
Building
Ebert Construction has submitted an application for payment for the City of Hugo Public Works
Salt and Materials Storage Building project in the amount of $4,408.00. The quantities
completed to date have been reviewed and agreed upon by the architect, contractor and city staff.
The amount indicated in the request reflects the work certified through January 2022 with a 5%
retainage applied. The total retainage being held to date will be $32,860.03. Staff recommends
the City Council approve Pay Request No. 8 in the amount of $4,408.00 to Ebert Construction
for the construction of the City of Hugo Public Works salt and materials storage building.
G.18 Approve Pay Request No. 3 to A-1 Excavating, Inc. for 121st Street & Acres of Bald
Eagle
Staff has reviewed and inspected work completed to date for the 121st Street and Acres of Bald
Eagle Improvement Project. Staff and contractor have agreed to quantities completed in 2021.
Utility work and grading for the project has been completed. Concrete curb and gutter and
pavement remain within the development, and 121st Street is ready for pavement. It is
anticipated that as soon as weather conditions allow this spring, the project will be finalized.
Staff recommends Council approve Pay Request No. 3 in the amount of $31,056.33 to A-1
Excavating, Inc.
G.19 Approve Pay Request No. 6 to Schreiber Mullaney Construction for Lions Park
Pavilion
Schreiber Mullaney has submitted Pay Request No. 6 for the new Pavilion in Lions Park in the
amount of $317,269.68. 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 January 26, 2022 with a 5% retainage applied. The pay request includes change order
#2 in the amount of $15,474.86 for LED site wall lights and additional foundation work. The
total retainage being held to date will be $64,067.85. Staff recommends Council approve
payment in the amount of $317,269.68 to Schreiber Mullaney Construction for the construction
of the City of Hugo Lions Park Pavilion.
I.1 Approve 2022 City Focus Goals and Ongoing Priorities
The Council held a workshop on Monday, January, 2022, to establish goals for the year. City
Administrator Bryan Bear will provide a recap of the workshop and recommend Council approve
the 2022 City Focus Goals and Ongoing Priorities.
I.2 Update on Hopkins Schoolhouse
The Hopkins Schoolhouse has met recently to discuss the future of the Hopkins Schoolhouse.
An update will be provided to Council.
J.1 Discuss and Adopt the Street CIP
Each year the City reviews and assesses priorities for upcoming capital improvement projects
throughout the City. Staff has reviewed recent road rating data completed in 2021 and has
developed an updated 5-year Capital Improvements Plan for your consideration. Attached is the
map highlighting the proposed capital improvements as well as the associated costs for years
2022-2026. Staff discussion has included Finance Director Wobse to confirm that the plan as
outlined is economically feasible and fits with long term financial planning. Staff recommends
approval of the 2022-2026 Capital Improvement Plan.
J.2 Authorize Preparation of Plans and Specs for 140th Street Improvement Project
At its January 3, 2022, meeting, the City Council approved the site plan, conditional use permit,
and development and assessment agreement for the seventh building in the Schwieters campus
development. The approval included the extension of 140th Street being added to the City Streets
Capital Improvement Plan (CIP). Funding for the project will be provided through assessing 50%
of the total surface and storm sewer improvements to the benefiting property with the City
funding the remaining 50%. One hundred percent of the watermain improvements will be
assessed to the benefiting property with the City covering the cost of upsizing the pipe to 12” for
future development Staff recommends approval of the resolution ordering the project and
authorizing the preparation of plans and specifications for the 140th Street Extension Project.
M.1 Hugo Area Business Association Breakfast Tuesday, February 8, 2022
The Hugo Business Association will hold a breakfast meeting on Tuesday, February 8, 2022, at
7:30 a.m. at the Blue Heron. Staff has posted this as a meeting for the Council to attend.
M.2 Reschedule Second Meeting in February to Tuesday, February 22, 2022
Annually, the President’s Day Holiday falls on the same day as the second Council meeting in
February and would need to be rescheduled or cancelled. Staff has agenda items and
recommends Council reschedule the meeting for February 22, 2022.
M.3 Sledding Party Saturday, February 26, 2022
The City of Hugo will be hosting a sledding party on Saturday, February 26, 2022 at Oak Shore
Park from 10 a.m. to noon.
M.4 Schedule Redistricting Workshop for Monday, March 14, 2020
Every 10 years following the decennial census, cities are required to redraw or reestablish all
precinct and ward boundaries. Staff is expecting to receive the maps with the redrawn legislative
districts after approximately February 17 and will begin drafting new Hugo ward and precinct
boundaries for Council consideration. The deadline for adopting the resolution establishing new
boundaries and polling place locations is March 31. Staff recommends Council hold a public
workshop on Monday March 14, 2022, in preparation to adopt the resolution at their meeting on
March 21, 2022.
M.5 Approve 2022 Citywide Cleanup Dates for Saturday April 16 and September 17, 2022
Staff has worked with Washington County to secure the dates for the Spring and Fall Citywide
Cleanup. Staff recommends Council approve Saturday, April 16 and Saturday, September 17 for
the 2022 Citywide Cleanup Days.
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 (on ZOOM),
City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk
Michele Lindau
Approval of Minutes for the December 20, 2021, City Council Meeting
Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held
on December 20, 2022, as presented.
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, Strub seconded, to approve the following Consent Agenda:
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
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
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, JANUARY 3, 2022 – 7 P.M.
Hugo City Council Meeting Minutes for January 3, 2022
Page 2 of 9
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
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Appointment of Becky Petryk as Acting Mayor
Each year, the Council appoints a member of the Council for the position of Acting Mayor.
Adoption of the Consent Agenda approved the appointment of Council Member Becky Petryk
as Acting Mayor for the year 2022.
Approve Appointment of WSB and Associates as City Engineer
WSB Engineers worked as the City Engineer for the past 18 years. Mark Erichson handled the
day-to-day civil engineering duties, and Pete Willenbring provided services as the Water
Resource Engineer. WSB and Associates requested to continue to provide this service to the
City at a revised rate schedule. Adoption of the Consent Agenda approved the appointment of
WSB Engineers and Mark Erichson as the City Engineer for 2022.
Approve Appointment of Landform as City Planner
Kendra Lindahl from Landform worked at the City Planner over the past 19 years. Landform
requested to continue to provide this service to the City at a revised rate schedule. Adoption of
the Consent Agenda approved the appointment of Kendra Lindahl as the City Planner/Planning
Consultant for the year 2022.
Hugo City Council Meeting Minutes for January 3, 2022
Page 3 of 9
Approve Appointment of Johnson & Turner as City Attorney
City Attorney Dave Snyder served the City with the law firm of Johnson & Turner for the past
six years. Johnson & Turner requested to continue to provide legal services to the City.
Adoption of the Consent Agenda approved the appointment of David Snyder and the Johnson &
Turner Law Firm as the City Attorney for the year 2022.
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 served the City over the
years on a wide variety of projects. Adoption of the Consent Agenda approved Paul Steinman,
Mikaela Huot, and Nick Dragisich, from Baker Tilly Virchow Krause, LLP, as the City’s
financial advisors for the year 2022.
Approve Appointment of US Bank as Depository for City Funds
Each year, Council needed to selects a depository/bank for the deposit of City funds. For many
years, Council had selected the local Hugo branch of U.S. Bank. Adoption of the Consent
Agenda approved U.S. Bank-Hugo as the official depository for City funds for 2022.
Approve Appointment of The Citizen as Official Newspaper
Each year, Council needed to select a newspaper as the official publication for all public notices
and publishing of ordinances. For the past 14 years, the City Council had appointed The Citizen
as the City’s new official newspaper. The Citizen requested to continue to provide this service at
a rate increase from $12.10 to $12.70 per column inch. Adoption of the Consent Agenda
approved The Citizen as the City’s official newspaper for 2022.
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 had been
providing animal control services to the City. Adoption of the Consent Agenda approved the
continuation of the current contracts with Companion Animal Control and Otter Lake Animal
Hospital for 2022.
Approve Appointment of Fire Chief Jim Compton, Jr. as Emergency Management
Director
Each year, Council needed to appoint a member of the City staff to serve in the role of
Emergency Management Director. For the past decade, the Fire Chief had served in this
position. Adoption of the Consent Agenda approved the appointment of Fire Chief Jim
Compton, Jr. as the City’s Emergency Management Director for 2022.
Approve Appointments to Hugo Firefighter Relief Association
Minnesota State Statute required the official appointment of the ex-officio members of the Hugo
Hugo City Council Meeting Minutes for January 3, 2022
Page 4 of 9
Fire Department Relief Association Board. Council needed to appoint two elected or appointed
members. Adoption of the Consent Agenda approved the appointment of Mayor Tom Weidt
and Finance Director Anna Wobse as ex-officio members of the Hugo Fire Department Relief
Association Board.
Approve Appointment of Bronwen Kleissler as Chair of the Planning Commission
Annually, Council needed to appoint a member of the Planning Commission to serve as chair of
the Commission. Bronwen Kleissler had been serving as the chair of the Planning Commission
since August, 2015. Adoption of the Consent Agenda approved the reappointment of Bronwen
Kleissler as the chair of the Planning Commission for 2022.
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 had
served as an alternate on the Planning Commission since appointed by Council on February 1,
2021. Adoption of the Consent Agenda approved 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.
Approve Appointment of Roger Clarke as Chair and Cathy Moore-Arcand as Vice-Chair
of the Parks and Recreation Commission
Annually, the City Council needed to appoint 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 had served as vice-chair since January 2017. Adoption of the Consent Agenda
approved the reappointment of Roger Clarke as chair and Cathy Moore-Arcand as vice-chair for
the Parks and Recreation Commission for 2022.
Approve Appointment of Cynthia Schoonover as Chair of Historical Commission
Annually, the City Council needed to appoint a member of the Historical Commission to serve
as the chair of the Commission. Cynthia Schoonover had served as the chair of the Commission
since July, 2015. Adoption of the Consent Agenda approved the reappointment of Cynthia as
the chair of the Historical Commission for 2022.
Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the
EDA
Annually, the Council needed to appoint two representatives from the Hugo City Council to
serve on the Economic Development Authority (EDA). Adoption of the Consent Agenda
approved the appointment of Mayor Weidt and Council Member Klein to continue to serve as
the Council Representatives on the EDA for 2022.
Hugo City Council Meeting Minutes for January 3, 2022
Page 5 of 9
Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and
Resident Scott Arcand to the Board of Zoning Appeals and Adjustments
Annually, the Council needed to appoint a member of the Planning Commission, City Council,
and a resident to serve on the Board of Zoning Appeals and Adjustments. Tom Weidt as the City
Council representative, Cindy Petty as the Planning Commission representative, and Scott
Arcand as the resident representative have all agreed to serve on BOZA. Adoption of the
Consent Agenda approved Tom Weidt, Cindy Petty, and Scott Arcand to serve on the Board of
Zoning Appeals and Adjustments for one-year terms.
Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments
Annually, the Council needed to appoint the Chair of the Board of Zoning Appeals and
Adjustments. Adoption of the Consent Agenda approved the reappointment of Board Member
Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments for 2022.
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; required 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. Adoption of the Consent Agenda approved ORDINANCE 2022-511
AMENDING CHAPTER 38 – HEALTH AND HUMAN SERVICES, ARTICLE III
TOBACCO, TO ALIGN WITH THE FEDERAL T21 LAWS AND MN STATE STATUTE
461.12.
Approve Encroachment Agreement for Schaubschlager at 5859 128th Bay North
Kalpana and Tyler Schaubschlager, 5859 128th Bay North, had 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 Liz Finnegan had
reviewed the location of the fence and was comfortable with the request. The applicant was
aware that there is an existing sewer line near the proposed fence. Adoption of the Consent
Agenda approved RESOLUTION 2022-1 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.
Approve Pay Request No. 4 to Peterson Companies for the 2021 Downtown
Improvement/Lions Park Project
Peterson Companies, Inc. had 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 had been completed, and work was ongoing within
Hugo City Council Meeting Minutes for January 3, 2022
Page 6 of 9
Lions Park. The concrete play-wall and court surfacing had been completed, and lighting work
was to continue to be installed thru the winter. Adoption of the Consent Agenda approved
payment to Peterson Companies, Inc. in the amount of $1,506,125.98.
Approve Pay Request No. 2 to Peterson Companies for the CSAH 8 Stormwater Reuse
Project
Peterson Companies, Inc. had 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
was nearing completion on the project. Project start-up was to occur in spring of 2022.
Adoption of the Consent Agenda approved 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 had submitted Pay Request No. 15 for payment for the Public Works
Facility project in the amount of $409,842.71. 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 December of 2021, with a 5% retainage applied.
Total retainage being held for the project to date was $431,878.65. Adoption of the Consent
Agenda approved 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 had 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 had been reviewed and agreed upon by the architect, contractor and City staff. The
amount indicated above reflected the work certified through December of 2021, with a 5%
retainage applied. Total retainage being held for the project to date was $32,628.03. Adoption
of the Consent Agenda approved 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 had submitted Pay Request No. 4 for the new Pavilion in Lions Park in the
amount of $207,263.12. 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 30, 2021 with a 5% retainage applied. The total retainage being
held to date was be $ 39,565.59. Adoption of the Consent Agenda approved 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 had submitted Pay Request No. 5 for the new Pavilion in Lions Park in the
amount of $148,273.15. 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 December 31, 2021 with a 5% retainage applied. The total retainage being
Hugo City Council Meeting Minutes for January 3, 2022
Page 7 of 9
held to date was $47,369.44. Adoption of the Consent Agenda approved payment in the amount
of $148,273.15 to Schreiber Mullaney Construction for the construction of the City of Hugo
Lions Park Pavilion.
Site Plan, Conditional Use Permit Amendment, Development Agreement, Assessment
Agreement for Victor Land Holding for Schwieters Campus Development
Victor Land Holdings, LLC, had requested approval of a site plan for an approximately 43,000
square foot office, manufacturing, and warehouse building with associated parking. The
applicant also requested a Conditional Use Permit (CUP) amendment for the campus
development since the use of the building would include office and manufacturing. Planner
Rachel Juba explained a development agreement and assessment agreement had been drafted
for the project and for the construction of an extension of 140th Street to the west property line.
The 2040 Comprehensive Plan showed 140th to be a collector street to connect to Elmcrest
Avenue and Cedar Street in Lino Lakes. The City had received a letter from the applicant
requesting the City cost share and add it to the 2022-2026 CIP and assess the developer 50% of
the cost plus interest over the next five years. Benefits of the extension to the City would be
paved access to the existing lift station and Clearwater Creek Park.
The EDA had considered the cost sharing request in November and felt the request met the
assessment policy. The Planning Commission held a public hearing at their meeting on
December 16, 2021, and received comments on the noise caused by overhead doors remaining
open, backup beepers from forklifts, and noise at the dumpsters on the north side of the
building. The Planning Commission unanimously recommended approval of the site plan and
CUP amendment requests with two additional conditions added to the resolutions regarding
overhead doors being closed at certain times and relocating the dumpster on the property.
Blake Schwieters addressed the Council on ZOOM stating they agreed to the conditions as
recommended by the Planning Commission. They would be moving the dumpsters, and the
doors would be closed between 9 p.m. and 6 a.m.
Bill Mahre, 5231 141st Street North, was in attendance representing the residents in the Fenway
Place development, and he referenced a letter he had submitted to Council earlier. He said he
understood there was a balancing act between residential and commercial uses. Their biggest
concern was noise, and he referred to recommendations in their letter. He talked about concerns
regarding noise from the 4 a.m. shift workers, dumpsters, and backup beeping, noting the beepers
were an OSHA requirement. He asked the Council to consider their recommendations on
construction of a wall or berm.
Denise Johnson, 5239 140th Circle North, said she had audio recording on her phone of the
noise she could play for Council, but the Mayor declined.
Chrissann Jones, 5249 141st Street Circle, said she lived closest to the site and made the request
they consider changing the overnight shift so they are not dealing with the sound of car doors
slamming at 4 a.m.
Blake Schwieter said he was not sure how to handle car doors and lights, and they could expect
the facility parking lot to be full overnight. The overnight shift was a 12 hours shift from 4 p.m.
Hugo City Council Meeting Minutes for January 3, 2022
Page 8 of 9
to 4 a.m., and he said he would talk to the workers about closing doors softer.
Council talked about berming, walls, landscaping, and fencing. Schwieter stated he was against
building a wall, they were unable to berm based on the elevation and conditions related to the
ponging, and a fence would not help much with the noise. Juba stated she could work with
Schwieters on additional landscaping.
There was discussion on what to do about noise from the site after hours and the enforcement
process. Juba explained the code enforcement process was to call City Hall about complaints,
and there was a suggestion that Schwieters provide information on how the residents could
contact them directly. Blake indicated he would provide the association contact information.
Miron made motion, Klein seconded, RESOLUTION 2022-2 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 with the
condition the applicant work with staff to have an approved landscape plan for the front of the
parking lot to mitigate noise and light pollution.
Donald Patrick Jones, 5249 141st Street Circle, complimented Schwieters for moving the
dumpster and commented that something needed to be done about the noise bouncing off the
buildings. Bryan clarified there would be conversations on the viability of a wall, but it was not
a requirement of this approval.
All Ayes. Motion carried.
Miron made motion, Klein seconded, to approve RESOLUTION 2022-3 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.
All ayes. Motion carried.
Hugo Fire Department Annual Banquet Saturday, January 15, 2022 (Reminder)
City Administrator Bryan Bear reminded Council they were scheduled to attend the Fire
Department Annual Banquet on Saturday, January 15, 2022, beginning at 5 p.m.
Council Goal Setting Session on Monday, January 24, 2022 (Reminder)
City Administrator Bryan Bear reminded Council they had scheduled their Annual Goal Setting
Session for Monday, January 24, 2022 at 5 p.m. in the Council Chambers.
Hugo City Council Meeting Minutes for January 3, 2022
Page 9 of 9
Adjournment
Miron made motion, Klein seconded, to adjourn at 8:01 p.m.
All Ayes. Motion carried.
Respectfully Submitted
Michele Lindau
City Clerk
PRESENT: Klein, Miron, Strub
ABSENT: Petryk, Weidt
The Hugo City Council attended the Hugo Fire Department Annual Awards Dinner held at the
Hugo Legion. Members of the department were recognized for their contributions to the
department.
Respectfully Submitted,
Bryan J. Bear
City Administrator
Minutes
HUGO CITY COUNCIL MEETING
FIRE DEPARTMENT ANNUAL BANQUET
HUGO AMERICAN LEGION
SATURDAY, JANUARY 15, 2022 – 5 P.M.
Mayor Weidt called the meeting to order at 5:10.m.
COUNCIL PRESENT: Klein (arrived at 5:12), Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, City
Engineer Mark Erichson, Fire Chief Jim Compton Jr, City Clerk Michele Lindau
City Administrator Bryan Bear provided a recap of the goals developed by staff for 2022, saying
many of the goals had been started last year and will be finished this year. He highlighted the
White Bear Lake lawsuit regarding the lake level as being the biggest issue facing the City due to
further restrictions that are likely to be imposed on the City on water appropriations permits.
Bear reviewed the 2022 goals from the EDA, Planning Commission, Parks Commission, and
City staff. Some areas of focus were development of the City owned property on Egg Lake, the
165th Street Corridor, Oneka Parkway reconstruction and the City’s drainage system. There
would be discussions with the State of Minnesota and Washington County on the TH61vision
study that may include the Hardwood Creek Corridor and future light rail. Goals specific to the
Parks Commission included the completion of Lions Park, and discussions on the Bernin
property, Sunset Lake Property and trails to North Star Elementary. Administrative goals
included determining the fate of the Hopkins schoolhouse, reorganizing the Public Works
Department, and improving communications which may require additional staff. There would
also be discussions on COVID cash, and room and security camera policies.
Council talked briefly about high speed internet. Bear explained staff was not really hearing a
lot of complaints about it, so it may not be as bad as originally thought since there are many
technology options. Money in the federal infrastructure fund could be applied for and staff will
continue to pay attention to areas that residents alert staff about.
Bear began discussion on the hiring of a full time fire chief by providing statistics on call
volume. This included automatic mutual aid calls to other cities and medical assists to help the
ambulance provider, which the City does not charge for. He divided cost of running the
department by the number of calls, and it showed each call cost around $1,735. The actual cost
to respond was less than $300, which shows a vast majority of the cost goes into running the
department. Call volume does not have a high impact on the chief, whose main duty is to
manage the department, which involves taking care of staff, equipment, training, fleet, along
with other duties that take time and effort.
Bear provided options for running a fire department ranging from doing less than the department
is doing now (by sharing services or combining with other departments) to having a full time
department.
Minutes
HUGO CITY COUNCIL
GOAL SETTING SESSION
HUGO CITY HALL
JANUARY 24, 2022 – 5 P.M.
Council talked with Fire Chief Jim Compton, Jr. about working with other departments, budget
impacts, bringing a chief in from outside the department, workload, and different models of other
cities. Compton explained the difficulties of merging with other departments who each have
their own system of operating under different counties and PSAs (Primary Service Areas). He
felt there was enough work to do, and to bring in a chief from outside the City may change the
culture a bit, but there would still be salaried positions within the department that would assist
the chief. It was generally agreed by Council that more discussions on this needed to occur.
Bear next presented information on ARPA (American Rescue Plan Act) funds saying the City
was to receive $1.6 million and an additional $53,000 in redistributed funds. This was presented
to Council last year, and the use of funds was broken into categories: responding to economic
impacts; pay for essential works; investing in water, sewer or broadband; or replacing revenue
lost from pandemic. The final rule in January 2022, offered a standard allowance option of up to
10 million, and allowed cities to use funds for general government services. The City has until
2024 to spend the money. Bear said the money could be used for CIP projects, unfunded
projects such as paving of 165th, Hopkins Schoolhouse, business assistance, or stormwater
projects. Council indicated they were not ready to make a decision and acknowledged further
discussions need to take place.
Bear discussed a problem with the microphones in the Council Chambers not always picking up
what was being said. Council directed staff to look at getting longer necks for the microphones
to see if that would solve the problem.
Klein made motion, Miron seconded, to adjourn at 7:07 p.m.
All ayes. Motion carried.
Respectfully Submitted,
Michele Lindau
City Clerk
PARKS REPORT
Commissioners:
Roger Clarke, Chair
Cathy Moore-Arcand, Vice Chair
Nicole Schmid
Mat Rauschendorfer
Ranell Tennyson
Emily McGinnity
Meredith St. Pierre
Relocated Play Equipment in Beaver Ponds Park
Lions Park Construction Started
The Parks, Recreation, and Open Space Commission hit the ground running in 2021. At the first meeting of the year, the
schematic design for Lions Park was approved following extensive public engagement in 2020. Development of the design
and cost estimates were approved. Over the first few months of the year, the design of the pavilion and the park site was
finalized. A workshop was held by the City Council in February to review the overall vision of the pavilion. The building car-
ries the outside in with expansive windows and opening doors, a sloping roof, and continuity of grey brick and sandstone
throughout the park. WSB and HCM Architects continued to refine the plans including lighting, landscaping, and the final
construction details.
Community Workshop Held
On April 14, a workshop was held with the Parks Commission and City Council to share the final construction plans with the
neighborhood and overall community. Resident questions were addressed and there was overall support of the designs.
Beaver Ponds Park Playground is Replaced
With the 20+ year old playground equipment in Beaver Ponds in need of replacement, and the 3 year old equipment in Lions
Park being no longer needed, a re-installation was a favorable option. St. Croix Recreation was hired to re-install the equip-
ment. A short 4 week construction timeline was followed for the removals, installation of new curb and drainage, equipment
installation, and replacement of surfacing. The picnic tables, benches, sidewalks, and landscaping were also replaced and
repaired as needed. Beaver Pond residents expressed gratitude and a positive response to their improved park.
ANNUAL REPORT OF THE PARKS, RECREATION, AND OPEN SPACE COMMISSION 2021
Park Dedication Fee Increased
One of the implementation steps of the 2040 Comprehensive Plan was to review
the Park Dedication Policy. The Commission reviewed the policy at their Septem-
ber 15 meeting. The Commission agreed that the policy continued to provide for
expansion of the parks system with development and that the policy was in keep-
ing with state statues. However, the Commission asked the Council for authoriza-
tion to evaluate the fee charged with residential development. The fee had not
been changed since 2005 and had not been evaluated since 2010.
At the October 13 meeting, the Commission reviewed research on the expense of
the planned park system growth, fee comparisons to cities of a similar population
and similar growth rates, as well as the park dedications received in recent years.
The Commission recommended a fee increase of $1,000. The City Council
approved the recommended fee increase by resolution at their November 15
meeting. The new fee of $3,400 per unit will be effective in 2022, but not applied
to developments approved in 2021 or earlier. The Council asked for the fee to be
reviewed again in 2022.
Santa Party
The City of Hugo has held very few programs since spring 2020. Programs held
in partnership with the Washington County Library and YMCA shifted to be held
primarily outdoors but continued to offer activity options to Hugo families.
A resident offered the idea that the City hold a holiday lighting party with Santa.
The Commission discussed this and brainstormed other programming ideas at
their September 15 meeting.
A Santa Party was held in City Hall on Wednesday, December 1. The Hugo Fire
Department volunteered to assist and collected food and toys for their drive bene-
fiting the Hugo Good Neighbors Food Shelf. City Hall was lit. Goodie bags were
distributed to the 20 kids who attended. Santa looks forward to visiting the new
pavilion in Lions Park in 2022.
Sunset Lake
Property
The Commission discussed concepts
for the city-owned property on Sunset
Lake in 2019 through early 2020. A
contentious neighborhood meeting
was held. Staff continued to receive
complaints about fishing from the
adjacent roads and lack of access to
the property.
At the meeting of March 17, the Com-
mission requested to review the
concepts and authorized “opening up
of the property”. In the spring, staff
removed brush and small tree growth
which provided physical access and a
views of Sunset Lake.
Santa with the Fire Department and Councilmember Strub
Sunset Lake Property Before
Sunset Lake Property After
Thank you
Volunteers!
At the February 15 meet-
ing, the Commission
welcomed new members
Emily McGinnity and
Meredith St. Pierre
(Alternate). Following the
retirement of Coun-
cilmember Chuck Haas,
Parks Chair Dave Strub
was appointed to the City
Council and was no long-
er able to serve on the
Parks Commission.
St. Pierre was appointed
as Commissioner. Com-
missioner Roger Clarke
steeped up and was
appointed as Parks Chair.
Trail Studies
At the April 20 meeting,
the Commission
approved a proposal from
WSB to study the feasibil-
ity of a trail between
Oneka Parkway, the
Hardwood Creek Trail,
and Lions Park on prop-
erties owned by the City
and WBLAS.
At the meeting of Novem-
ber 17, the Commission
heard a presentation from
Washington County with
concepts for construction
an extension of the Hard-
wood Creek Regional
Trail from 130th Street to
120th Street.
Aerial of Lions Park and Downtown Street Project
Lions Park Construction
The final Lions Park plans were approved and bids were authorized in May. Bid
openings were held in June for the three separate projects. Contracts were
awarded at the Council meeting of June 21 to Peterson Companies for the storm-
water project and park site/street improvement projects. All of the alternates were
approved including the northwest parking lot and pedestrian lighting. Schreiber
Mullaney was awarded the contract for construction of the pavilion. Council also
asked for quote for the planned future phase of the playground which was initially
postponed due to cost. Phase 2 was a challenge course for teens. At their meet-
ing of July 19, Council approved the quote, but asked that the Parks Commission
select the surfacing. The Commission selected artificial turf for phase 2 at their
July 21 meeting.
A ground breaking was held on July 6 and construction started the following week.
Peterson Companies handled removals and began grading on the park. The
grading work within the park had a dramatic appearance because material was
sourced within the park for the base of the new 147th Street extension and swap-
ping of materials provided substantial cost savings and improved both projects.
The City Hall parking lot, downtown streets, sport courts, and more were finished
in the fall. The pavilion started taking shape in November. Electrical work includ-
ing street lights and bollards will continue, but construction of the rest of the park
will pause over the winter. The pavilion will be under construction with a comple-
tion date of April 1, 2022 after which site work will resume in the park.
New 147th Street Extension, Steel Framing of the New Pavilion
Contact Us
(651) 762-6300
Hugo City Hall
14669 Fitzgerald Avenue
North
Hugo, MN 55038
Staff Liaison:
Shayla Denaway
(651) 762-6342
Visit us on the web at
www.ci.hugo.mn.us
Development Projects
121st Street Subdivision
At the meeting of February 17, a sketch plan was reviewed from Drengson May
Enterprises for 7 new residential lots and improvement of 121st Street. Park dedi-
cation fees were proposed to be paid.
Oneka Lake Reserve
At the April 21 meeting, which was the first Commission meeting held in-person in
over a year, the Commission reviewed the Oneka Lake Reserve PUD application.
The Commission approved dedication of .45 acres and fees for the 40 unit town-
home development north of Oneka Lake Boulevard.
The Meadows of Hugo
The Commission approved a park dedication proposal for Hugo Meadows at the
February 17 meeting. The development included 87 single family lots and trail
connections to the future passive park to the west. Golden Valley Land Company
proposed to pay fees to satisfy park dedication.
The Meadows at Hugo Sketch Plan
City of Hugo Claims
February 7, 2022 G. 1
Vendor Invoice Amount Description Department
Alex Air Apparatus Inc INV-45095 37.64$ Rinse Clean Laundry Soap Fire Dept
Alldata Automotive Intelligence 3/11/22-3/10/23 4,008.00$ Annual Fees - Diagnostics Scanner Public Works
Allstream 18040644 104.93$ Fax Lines Administration
American Planning Association 126113-2212 517.00$ 2022 Membership Dues - Bryan Bear Administration
Anchor Promotions, Apparel & Signage 1/14/2022 232.97$ Face Masks Fire Dept
Aspen Equipment Company 10233190 57.92$ Parts - Unit #206-19 Street Dept
Aspen Equipment Company 10234463 102.56$ Shop Supplies Public Works
Aspen Mills 286671 116.50$ Officer Badge Fire Dept
Aspen Mills 287538 278.85$ Class A Uniform, HFD Shirt & Name Tag Fire Dept
Aspen Mills 287581 270.85$ Class A Uniform, HFD Shirt & Name Tag Fire Dept
Aspen Mills 287587 325.84$ Class A Uniform, HFD Shirt & Name Tag Fire Dept
Aspen Mills 2887706 22.00$ Embroidery Fire Dept
AutoNation Inc 145068 119.12$ Parts - Unit #109 Street Dept
AutoNation Inc 147890 478.16$ Parts - Unit #103 Parks Dept
Baker Tilly Municipal Advisors LLC BTMA13049 400.00$ Continuing Disclosure Services Finance Dept
Baller, Scott CLAIM 71.99$ Work Boot Reimbursement Building Inspections
Baller, Scott CLAIM 65.00$ Building Official License Renewal Fee Building Inspections
Baseline Irrigation Solutions Inc 2022-20569 898.00$ Irrigation Controllers Online Service Upgrade Parks Dept
Batteries Plus Bulbs #031 P48377149 183.50$ LED Bulbs Public Works
Cablecast 26033-INV 500.00$ Tech Labor Audio/Video
Canteen Refreshment Services MSP38727 104.89$ Breakroom Supplies Public Works
Capital City Regional Firefighters Assoc 103 50.00$ 2022 Membership Dues Fire Dept
CDW Government Inc Q633327 25.71$ Flash Drives Administration
Century College 906550 485.00$ HazMat Operations - Brian Kindelberger Fire Dept
Century College 915091 650.00$ ICS 300 - J. Palmquist & R. Nadeau Fire Dept
Century College 922990 1,855.00$ FFI/FFII/Haz Mat Course - C. Barukzoy Fire Dept
Century College 922990 1,855.00$ FFI/FFII/Haz Mat Course - S. Albertson Fire Dept
Century College 922990 1,855.00$ FFI/FFII/Haz Mat Course - D. Albertson Fire Dept
Century College 922990 1,855.00$ FFI/FFII/Haz Mat Course - A. Nadeau Fire Dept
Century College 750441 460.00$ Haz Mat Course Textbooks (4) Fire Dept
Century Link 651 426-8763 70.51$ 911 Emergency Line Administration
Century Link 651 429-3212 71.48$ Fire Station Phone Lines Fire Dept
Century Link 651 653-1154 69.94$ SCADA Lines Water & Sewer
Century Link 651 429-3212 70.86$ Fire Station Phone Lines Fire Dept
Cintas Corporation 5092341670 197.66$ First Aid Supplies Gen Gov't Bldgs
Cintas Corporation 5092341670 135.52$ First Aid Supplies Public Works
City of Roseville 230640 7,398.73$ January Computer Service Various
City of Roseville 230656 312.00$ NetMotion Service - T. Hagstrom Building Inspections
Clarey's Safety Equipment Inc 197941 2,463.10$ Gas Monitor & Charger Fire Dept
Comcast 12/12/2021 25.17$ Business Cable (thru January 21) Administration
Comcast 12/18/2021 161.71$ Business Internet (thru January 27) Fire Dept
Comcast 1/5/2022 2.25$ Business Internet (thru February 14) Fire Dept
Comcast 1/12/2022 25.25$ Business Cable (thru February 21) Administration
Comcast 137823964 494.38$ Business Internet (January) Administration
Comcast 137823964 494.38$ Business Internet (January) Public Works
Comcast 1/18/2022 165.32$ Business Internet (thru February 27) Fire Dept
Companion Animal Control LLC December 482.88$ Callout Fees & Mileage Animal Control
Core & Main LP Q228392 300.78$ Watermain Repair Bands Water Utility
Cornerstone Occupational Health Spec. (HUGO)0000 75.00$ Annual Personnel Testing Fee Various
Dell Marketing LP 10511386562 618.46$ Micro Computer - Conference Room Audio/Video
Dell Marketing LP 10518345402 183.93$ Digital Pen & Monitor Building Inspections
Dell Marketing LP 10525098937 200.00$ Dock - Laserfiche Workstation Administration
Dresser Trap Rock Inc 126482 762.97$ 3/8" Chips for Snow & Ice Control Street Dept
Eagle Engraving Inc 2021-7115 159.95$ Medals & Engraving Fire Dept
Earl F. Andersen 0128516-IN 563.20$ No Outlet & Stop Signs Street Dept
Earl F. Andersen 0128546-IN 96.35$ No Lake Access Signs Street Dept
Ehlers Registration 215.00$ 2022 Public Finance Seminar Finance Dept
Emergency Automotive Technologies Inc MP011822-50 414.30$ Light Bar - Unit #346-21 Street Dept
Finnegan, Elizabeth CLAIM 250.00$ Bituminous Inspector Recertification (MnSCU) Engineering Dept
Forest Lake Napa December 844.66$ Auto Parts and Shop Supplies Various
Gene's Disposal Service Inc 428890 1,069.54$ December Waste Hauling - PW Facility Public Works
Gene's Disposal Service Inc 428890 262.26$ December Waste Hauling - Fire Station Fire Dept
Gene's Disposal Service Inc 428890 98.35$ December Waste Hauling - City Hall Gen Gov't Bldgs
Goodin Company 02493226-00 24.47$ Hardware Gen Gov't Bldgs
Goodin Company 02493226-01 10.24$ Hardware Gen Gov't Bldgs
Goodin Company 02493229-00 9.59$ Hardware Gen Gov't Bldgs
Gopher State One Call 1120479 118.80$ December Service Charges Water & Sewer
Gopher State One Call 2000479 50.00$ 2022 Annual User Fee Water & Sewer
Grainger 9142015644 265.89$ Part Bins Public Works
Page 1
City of Hugo Claims
February 7, 2022 G. 1
Vendor Invoice Amount Description Department
Hanco Corporation 594842 58.00$ Shop Supplies Public Works
Hawkins Inc 6092102 4,013.66$ Water Chemicals Water Utility
Hawkins Inc 6106428 1,395.46$ Water Chemicals Water Utility
HCM Architects 2066-13 4,166.50$ Lions Park Architect Services Special Parks Fund
HCM Architects 2066-14 5,987.42$ Lions Park Architect Services Special Parks Fund
Hisdahl Inc 17389 11.00$ Par Tag Engraving Fire Dept
Hugo Feed Mill 119453 12.48$ Santa Party Supplies Parks Dept
Hugo Feed Mill 119770 8.49$ Batteries Building Inspections
Innovative Office Solutions IN3598059 412.66$ Toner, Organizers & Tray Finance Dept
Innovative Office Solutions IN3607630 243.33$ Can Liners & Breakroom Supplies Public Works
Innovative Office Solutions IN3608910 44.70$ Restroom Supplies - Hanifl Parks Dept
Innovative Office Solutions IN3625678 81.98$ Copy Paper Administration
Innovative Office Solutions IN3625678 75.58$ White-out, Legal Pads, Tape Administration
Innovative Office Solutions IN3625678 52.24$ Trash Can Liners Gen Gov't Bldgs
Innovative Office Solutions IN3625678 20.97$ Face Masks Administration
Innovative Office Solutions IN3625678 10.30$ Breakroom Supplies Gen Gov't Bldgs
Innovative Office Solutions IN3625866 112.66$ W-2 Forms & Envelopes Finance Dept
Instrumental Research 3800 100.00$ Water Bacteria Testing Water Utility
Instrumental Research 3857 100.00$ Water Bacteria Testing Water Utility
Jefferson Fire & Safety Inc IN136619 9,386.12$ Thermal Imaging Camera & Accessories Fire Dept
Johnson/Turner December 4,829.00$ Prosecution Fees (Flat Fee) General Legal
Johnson/Turner December 294.95$ Disbursements (Prosecution Costs) General Legal
Johnson/Turner December 2,079.75$ Civil Legal Fees - See Attached Breakdown General Legal
Kath Fuel Oil Service Co. 12320094 6,195.32$ December Unleaded Gas & Diesel Purchases Various
Knowlan's Super Markets Inc 3311 51.87$ Santa Party Supplies Parks Dept
Knowlan's Super Markets Inc 3865 92.82$ Meeting Supplies Public Works
Knowlan's Super Markets Inc 4215 24.98$ Water Testing Supplies Water Utility
Knowlan's Super Markets Inc 4898 17.37$ Soft Drinks for Lobby Machine Gen Gov't Bldgs
Knowlan's Super Markets Inc 4898 2.90$ Restroom Supplies Gen Gov't Bldgs
Landscape Structures INV-107930 61,087.48$ Playground Equipment - Lions Park Phase 2 Special Park Fund
Laughlin's Pest Control 48727 85.00$ December Pest Control Service Gen Gov't Bldgs
Laughlin's Pest Control 49130 85.00$ January Pest Control Service Gen Gov't Bldgs
Lawson Products 9309136121 821.90$ Bulk Hardware Supplies Public Works
Lawson Products 9309157701 900.54$ Bulk Hardware Supplies Public Works
Lawson Products 9309163082 146.49$ Bulk Hardware Supplies Public Works
Lawson Products 9309201724 1,063.77$ Bulk Hardware Supplies Public Works
League of Minnesota Cities 356501 125.00$ MCMA Workshop - Bryan Bear Administration
Legacy Sorbents & Supply Company 5363 383.00$ Spill Absorbent & Shop Towels Public Works
Lindus Construction SIN018856 1,006.00$ Gutter System - Well House No. 6 (2/3) Water Utility
Loffler Companies Inc 462376914 475.31$ January Copier Service Payment - New Lease Administration
Marco INV9491386 44.68$ January Copier Maintenance Building Inspections
MBPTA 2022 100.00$ 2022 Membership Dues - Debi Close Building Inspections
Menards 76586 13.95$ Fire Department Supplies Fire Dept
Menards 76628 40.22$ Fire Department Supplies Fire Dept
Menards 77412 95.00$ Fire Department Supplies Fire Dept
Menards 77425 77.80$ Paint Supplies - Hanifl Parks Dept
Menards 77858 181.74$ Shop Supplies Public Works
Metering & Technology Solutions 21208 1,304.36$ Water Meters Water Utility
Metro Cities 933 5,739.00$ 2022 Membership Dues Administration
Midwest Sewer Services 5176 600.00$ Septic System Compliance Inspection Public Works
Minnesota Cleaning Services Inc 0222HH01 605.00$ January Cleaning Services Gen Gov't Bldgs
Minnesota Cleaning Services Inc 0222HH02 100.00$ January Cleaning Services - Hanifl Parks Dept
Minnesota Cleaning Services Inc 0222HH03 500.00$ January Cleaning Services Public Works
Minnesota Cleaning Services Inc 0222HH03 450.00$ January Cleaning Services Fire Dept
Minnesota State Fire Chiefs Association 3721 580.00$ 2022 Membership Dues (9) Fire Dept
MN Fire Service Certification Board 9571 170.00$ Haz Mat Operations Certification Exam - Kindelberger Fire Dept
MN Fire Service Certification Board 9630 120.00$ Fire Inspector I Certification Exam - R. Gregoire Fire Dept
MN Fire Service Certification Board 9630 120.00$ Fire Inspector I Certification Exam - R. Nadeau Fire Dept
M-R Sign Co Inc 214990 5,675.54$ Street Sign Plates Street Dept
M-R Sign Co Inc 215068 222.85$ Noise Law Signs Street Dept
Municipal Code Corporation 368959 1,123.36$ Supplement Pages City Clerk
Nelson, Neal CLAIM 71.98$ Safety Gear Street Dept
Northern Technologies LLC 41285 4,035.45$ Inspection Services - Lions Park Pavilion Special Park Fund
Nuss Truck & Equipment 4694562P 81.72$ Parts for Plow Trucks Street Dept
Oertel Architects 20-01.18 7,077.28$ Public Works Facility Public Works
Oertel Architects 20-01.19 7,106.40$ Public Works Facility Public Works
Oertel Architects 20-01.20 10,000.00$ Public Works Facility Public Works
Olson's Sewer Service Inc 97125 729.00$ PW Facility Septic System Pumping Public Works
Olson's Sewer Service Inc 97153 2,711.00$ Watermain Repairs - 146th St Water Utility
Page 2
City of Hugo Claims
February 7, 2022 G. 1
Vendor Invoice Amount Description Department
Olson's Sewer Service Inc 97206 539.00$ PW Facility Septic System Pumping Public Works
Oneka Ridge Golf Course 47690 1,490.49$ Oneka Ridge Golf Course Reuse Repairs Stormwater Fund
OPG-3 Inc 5416 495.00$ Laserfiche Project - Online Training Resources Administration
OPG-3 Inc 5442 185.00$ LF/Online Permitting - Permit Application Update Building Inspections
Oxygen Service Company 3511296 66.24$ Welding Supplies Public Works
Oxygen Service Company 8497232 137.35$ Welding Supplies Public Works
Performance Plus LLC 122437 264.00$ Pre-Placement Medical & Screening - A. Nadeau Fire Dept
Performance Plus LLC 122475 640.00$ Influenza Vaccinations Fire Dept
Press Publications 721788 25.00$ Job Advertisement - PW/Finance Admin. Assistant Various
Press Publications 726162 50.80$ Board of Zoning Public Hearing Notice Ordinances/Proceedings
Press Publications 726163 63.50$ Ordinance 2022-511 Ordinances/Proceedings
Press Publications 726164 107.95$ Ordinance 2021-510 Ordinances/Proceedings
Press Publications 727271 266.70$ 2022 Summary Budget Statement Ordinances/Proceedings
Quadient Leasing USA Inc N9230810 68.99$ Meter Rental - December Administration
Quadient Leasing USA Inc N9230810 68.99$ Meter Rental - January Administration
Quadient Leasing USA Inc N9230810 68.99$ Meter Rental - February Administration
Ricoh USA, Inc 105790943 194.61$ February Copier Lease Payment Public Works
Safe-Fast Inc INV256069 99.00$ 4-Gas Meter Calibration Sewer Utility
Sam's Club 74327 254.07$ Fire Department Supplies Fire Dept
Sensible Land Use Coalition 1185 48.00$ Meeting Registration - Rachel Juba Planning & Zoning
Sherwin-Williams Co 9427-7 93.52$ Paint - Hanifl Parks Dept
Sherwin-Williams Co 0404-0 196.86$ Paint - Hanifl Parks Dept
Sign Solutions USA 227375 3,190.92$ Street Sign Hardware Street Dept
Summit Fire Protection 130035123 684.50$ Annual Fire Extinguisher Inspection Fire Dept
Sun Life Financial February 1,149.61$ Disability Premium Finance Dept
Timemark Inc 117828 889.00$ Traffic Counter - Unit #492 Engineering Dept
T-Mobile 870254054 869.59$ Cellular Phone Charges Various
Toshiba Financial Services 5018141675 175.23$ January Copier Lease Payment Fire Dept
Toshiba Financial Services 5018141675 17.75$ Overage Charges (Color) Fire Dept
Toshiba Financial Services 5018141675 1.75$ Overage Charges (B & W) Fire Dept
Toshiba Financial Services 5018532317 175.23$ February Copier Lease Payment Fire Dept
Toshiba Financial Services 5018532317 41.00$ Overage Charges (Color) Fire Dept
Toshiba Financial Services 5018532317 6.32$ Overage Charges (B & W) Fire Dept
Tri-State Bobcat E32323 2,500.00$ Chipper Rental (Tree Trimming) Street Dept
Twin City Hardware PSI2095335 5,480.00$ Door Hardware & Install-Access Control System Upgrade Fire Dept
UniFirst Corporation 090 0669444 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0670799 152.32$ Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
UniFirst Corporation 090 0670800 107.56$ Supplies & Floor Mat Services (FH) Fire Dept
UniFirst Corporation 090 0670801 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0672182 175.14$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0673536 173.70$ Uniform, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0674898 135.30$ Uniform, Supplies & Floor Mat Services (PW) Public Works
Verizon Wireless 9896577731 1,014.32$ Cellular Phone Charges Various
Viking Industrial Center 3209293 50.32$ Safety Gear Public Works
Viking Industrial Center 3214510 57.73$ Safety Gear Public Works
Walser Polar Chevrolet 70104P22 629.95$ Parts - Unit #108-04 Parks Dept
Walser Polar Chevrolet 70104P22 629.95$ Parts - Unit #114 Street Dept
Washington Conservation District 5494 675.00$ East Metro Watershed Membership Stormwater Fund
Washington County 30342 104.00$ Hazardous Waste Generator License Public Works
Washington County Fire Chiefs Assn 2022-104 50.00$ 2022 Membership Dues Fire Dept
Washington County Sheriff 197696 1,047.89$ 2022 Code Red Fee Fire Dept
Water Conservation Service Inc 11988 317.55$ Watermain Leak Locates (146th St) Water Utility
WIN-911 Software 202XT162-2022112 660.00$ SCADA Software Maintenance & Support Water & Sewer
Winnick Supply 446996 1,537.64$ Steel - Unit #489 Parks Dept
Xcel Energy 51-0013009096-8 799.06$ Water Tower No. 4 Electric Water Utility
Xcel Energy 51-0013297123-1 5,081.46$ Public Works Natural Gas Service Public Works
Xcel Energy 51-0013741927-6 61.38$ 14696 Fondant Avenue Electric Rental Properties
Xcel Energy 51-0013741927-6 342.50$ 14696 Fondant Avenue Gas Rental Properties
Xcel Energy 51-0013798039-0 1,580.00$ Lions Park Pavilion Electric Connection Special Park Fund
Xcel Energy 51-0013843782-7 67,919.00$ Streetlighting Install - Downtown Street Imp Project Street Reconstruction
Xcel Energy 51-0013297123-1 5,783.43$ Public Works Natural Gas Service Public Works
Xcel Energy 51-0013297123-1 734.89$ Public Works Electric Service Public Works
Xcel Energy 51-0013297123-1 1,307.58$ Public Works Electric Service Public Works
Xcel Energy 51-0013493712-0 61.46$ Lions Park Pavilion Natural Gas Service Parks Dept
Zack's Inc 35345 421.73$ Padlocks Public Works
Ziegler Inc IN000367559 751.25$ Parts - Unit #316-16 Stormwater Fund
306,197.31$ Total Claims for February 7, 2022
Page 3
1
Michele Lindau
Subject:FW: Planning Commission
Please accept this email as my resignation from the Planning Commission effective December 31, 2021. It has
been an absolute pleasure working with you and the rest of the staff and committee members. I've learned a ton
about what makes Hugo a great place to live, and I appreciate the opportunity to give back to the community.
Kim
1
MINNESOTA OPIOIDS STATE-SUBDIVISION MEMORANDUM OF AGREEMENT
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people have been
harmed by misconduct committed by certain entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic;
WHEREAS, certain Minnesota counties and cities, through their counsel, and the State, through
its Attorney General, are separately engaged in ongoing investigations, litigation, and settlement
discussions seeking to hold opioid manufacturers and distributors accountable for the damage
caused by their misconduct;
WHEREAS, the State and Local Governments share a common desire to abate and alleviate the
impacts of the misconduct described above throughout Minnesota;
WHEREAS, while the State and Local Governments recognize the sums which may be available
from the aforementioned litigation will likely be insufficient to fully abate the public health crisis
caused by the opioid epidemic, they share a common interest in dedicating the most resources
possible to the abatement effort;
WHEREAS, the investigations and litigation with Johnson & Johnson, AmerisourceBergen,
Cardinal Health, and McKesson have resulted in National Settlement Agreements with those
companies, which the State has already committed to join;
WHEREAS, Minnesota’s share of settlement funds from the National Settlement Agreements will
be maximized only if all Minnesota counties, and cities of a certain size, participate in the
settlements;
WHEREAS, the National Settlement Agreements will set a default allocation between each state
and its political subdivisions unless they enter into a state-specific agreement regarding the
distribution and use of settlement amounts;
WHEREAS, this Memorandum of Agreement is intended to facilitate compliance by the State
and by the Local Governments with the terms of the National Settlement Agreements and is
intended to serve as a State-Subdivision Agreement under the National Settlement Agreements;
WHEREAS, this Memorandum of Agreement is also intended to serve as a State-Subdivision
Agreement under resolutions of claims concerning alleged misconduct in the manufacture,
marketing, promotion, distribution, or dispensing of an opioid analgesic entered in bankruptcy
court that provide for payments (including payments through a trust) to both the State and
Minnesota counties and cities and allow for the allocation between a state and its political
subdivisions to be set through a state-specific agreement; and
WHEREAS, specifically, this Memorandum of Agreement is intended to serve under the
Bankruptcy Resolutions concerning Purdue Pharma and Mallinckrodt as a qualifying Statewide
Abatement Agreement.
2
I. Definitions
As used in this MOA (including the preamble above):
“Approved Uses” shall mean forward-looking strategies, programming, and services to
abate the opioid epidemic that fall within the list of uses on Exhibit A. Consistent with
the terms of the National Settlement Agreements and Bankruptcy Resolutions, “Approved
Uses” shall include the reasonable administrative expenses associated with overseeing and
administering Opioid Settlement Funds. Reimbursement by the State or Local
Governments for past expenses are not Approved Uses.
“Backstop Fund” is defined in Section VI.B below.
“Bankruptcy Defendants” mean Purdue Pharma L.P. and Mallinckrodt plc.
“Bankruptcy Resolution(s)” means resolutions of claims concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic by
the Bankruptcy Defendants entered in bankruptcy court that provide for payments
(including payments through a trust) to both the State and Minnesota counties and
municipalities and allow for the allocation between the state and its political subdivisions
to be set through a state-specific agreement.
“Counsel” is defined in Section VI.B below.
“County Area” shall mean a county in the State of Minnesota plus the Local Governments,
or portion of any Local Government, within that county.
“Governing Body” means (1) for a county, the county commissioners of the county, and
(2) for a municipality, the elected city council or the equivalent legislative body for the
municipality.
“Legislative Modification” is defined in Section II.C below.
“Litigating Local Governments” mean a Local Government that filed an opioid lawsuit(s)
on or before December 3, 2021, as defined in Section VI.B below.
“Local Abatement Funds” are defined in Section II.B below.
“Local Government” means all counties and cities within the geographic boundaries of the
state of Minnesota.
“MDL Matter” means the matter captioned In re National Prescription Opiate Litigation,
MDL 2804, pending in the United States District Court for the Northern District of Ohio.
“Memorandum of Agreement” or “MOA” mean this agreement, the Minnesota Opioids
State-Subdivision Memorandum of Agreement.
3
“National Settlement Agreements” means the national opioid settlement agreements with
the Parties and one or all of the Settling Defendants concerning alleged misconduct in
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic.
“Opioid Settlement Funds” shall mean all funds allocated by the National Settlement
Agreements and any Bankruptcy Resolutions to the State and Local Governments for
purposes of opioid remediation activities or restitution, as well as any repayment of those
funds and any interest or investment earnings that may accrue as those funds are
temporarily held before being expended on opioid remediation strategies.
“Opioid Supply Chain Participants” means entities that engage in or have engaged in the
manufacture, marketing, promotion, distribution, or dispensing of an opioid analgesic,
including their officers, directors, employees, or agents, acting in their capacity as such.
“Parties” means the State and the Participating Local Governments.
“Participating Local Government” means a county or city within the geographic boundaries
of the State of Minnesota that has signed this Memorandum of Agreement and has executed
a release of claims with the Settling Defendants by signing on to the National Settlement
Agreements. For the avoidance of doubt, a Local Government must sign this MOA to
become a “Participating Local Government.”
“Region” is defined in Section II.H below.
“Settling Defendants” means Johnson & Johnson, AmerisourceBergen, Cardinal Health,
and McKesson, as well as their subsidiaries, affiliates, officers, and directors named in a
National Settlement Agreement.
“State” means the State of Minnesota by and through its Attorney General, Keith Ellison.
“State Abatement Fund” is defined in Section II.B below.
II. Allocation of Settlement Proceeds
A. Method of distribution. Pursuant to the National Settlement Agreements and any
Bankruptcy Resolutions, Opioid Settlement Funds shall be distributed directly to the State
and directly to Participating Local Governments in such proportions and for such uses as
set forth in this MOA, provided Opioid Settlement Funds shall not be considered funds of
the State or any Participating Local Government unless and until such time as each annual
distribution is made.
B. Overall allocation of funds. Opioid Settlement Funds will be initially allocated as follows:
(i) 25% directly to the State (“State Abatement Fund”), and (ii) 75% directly to abatement
funds established by Participating Local Governments (“Local Abatement Funds”). This
initial allocation is subject to modification by Sections II.F, II.G, and II.H, below.
4
C. Statutory change.
1. The Parties agree to work together in good faith to propose and lobby for legislation
in the 2022 Minnesota legislative session to modify the distribution of the State’s
Opiate Epidemic Response Fund under Minnesota Statutes section 256.043,
subd. 3(d), so that “50 percent of the remaining amount” is no longer appropriated
to county social services, as related to Opioid Settlement Funds that are ultimately
placed into the Minnesota Opiate Epidemic Response Fund (“Legislative
Modification”).1 Such efforts include, but are not limited to, providing testimony
and letters in support of the Legislative Modification.
2. It is the intent of the Parties that the Legislative Modification would affect only the
county share under section 256.043, subd. 3(d), and would not impact the provision
of funds to tribal social service agencies. Further, it is the intent of the Parties that
the Legislative Modification would relate only to disposition of Opioid Settlement
Funds and is not predicated on a change to the distribution of the Board of
Pharmacy fee revenue that is deposited into the Opiate Epidemic Response Fund.
D. Bill Drafting Workgroup. The Parties will work together to convene a Bill Drafting
Workgroup to recommend draft legislation to achieve this Legislative Modification. The
Workgroup will meet as often as practicable in December 2021 and January 2022 until
recommended language is completed. Invitations to participate in the group shall be
extended to the League of Minnesota Cities, the Association of Minnesota Counties, the
Coalition of Greater Minnesota Cities, state agencies, the Governor’s Office, the Attorney
General’s Office, the Opioid Epidemic Response Advisory Council, the Revisor’s Office,
and Minnesota tribal representatives. The Workgroup will host meetings with Members of
the Minnesota House of Representatives and Minnesota Senate who have been involved in
this matter to assist in crafting a bill draft.
E. No payments until August 1, 2022. The Parties agree to take all steps necessary to ensure
that any Opioid Settlement Funds ready for distribution directly to the State and
Participating Local Governments under the National Settlement Agreements or
Bankruptcy Resolutions are not actually distributed to the Parties until on or after August
1, 2022, in order to allow the Parties to pursue legislative change that would take effect
before the Opioid Settlement Funds are received by the Parties. Such steps may include,
but are not limited to, the Attorney General’s Office delaying its filing of Consent
Judgments in Minnesota state court memorializing the National Settlement Agreements.
This provision will cease to apply upon the effective date of the Legislative Modification
described above, if that date is prior to August 1, 2022.
1 It is the intent of the Parties that counties will continue to fund child protection services for
children and families who are affected by addiction, in compliance with the Approved Uses in
Exhibit A.
5
F. Effect of no statutory change by August 1, 2022. If the Legislative Modification described
above does not take effect by August 1, 2022, the allocation between the Parties set forth
in Section II.B shall be modified as follows: (i) 40% directly to the State Abatement Fund,
and (ii) 60% to Local Abatement Funds. The Parties further agree to discuss potential
amendment of this MOA if such legislation does not timely go into effect in accordance
with this paragraph.
G. Effect of later statutory change. If the Legislative Modification described above takes
effect after August 1, 2022, the allocation between the Parties will be modified as follows:
(i) 25% directly to the State Abatement Fund, and (ii) 75% to Local Abatement Funds.
H. Effect of partial statutory change. If any legislative action otherwise modifies or
diminishes the direct allocation of Opioid Settlement Funds to Participating Local
Governments so that as a result the Participating Local Governments would receive less
than 75 percent of the Opioid Settlement Funds (inclusive of amounts received by counties
per statutory appropriation through the Minnesota Opiate Epidemic Response Fund), then
the allocation set forth in Section II.B will be modified to ensure Participating Local
Governments receive 75% of the Opioid Settlement Funds.
I. Participating Local Governments receiving payments. The proportions set forth in
Exhibit B provide for payments directly to: (i) all Minnesota counties; and (ii) all
Minnesota cities that (a) have a population of more than 30,000, based on the United States
Census Bureau’s Vintage 2019 population totals, (b) have funded or otherwise managed
an established health care or treatment infrastructure (e.g., health department or similar
agency), or (c) have initiated litigation against the Settling Defendants as of December 3,
2021.
J. Allocation of funds between Participating Local Governments. The Local Abatement
Funds shall be allocated to Participating Local Governments in such proportions as set
forth in Exhibit B, attached hereto and incorporated herein by reference, which is based
upon the MDL Matter’s Opioid Negotiation Class Model.2 The proportions shall not
change based on population changes during the term of the MOA. However, to the extent
required by the terms of the National Settlement Agreements, the proportions set forth in
Exhibit B must be adjusted: (i) to provide no payment from the National Settlement
Agreements to any listed county or municipality that does not participate in the National
Settlement Agreements; and (ii) to provide a reduced payment from the National
Settlement Agreements to any listed county or city that signs on to the National Settlement
Agreements after the Initial Participation Date.
K. Redistribution in certain situations. In the event a Participating Local Government merges,
dissolves, or ceases to exist, the allocation percentage for that Participating Local
2 More specifically, the proportions in Exhibit B were created based on Exhibit G to the National
Settlement Agreements, which in turn was based on the MDL Matter’s allocation criteria. Cities
under 30,000 in population that had shares under the Exhibit G default allocation were removed
and their shares were proportionally reallocated amongst the remaining subdivisions.
6
Government shall be redistributed equitably based on the composition of the successor
Local Government. In the event an allocation to a Local Government cannot be paid to the
Local Government, such unpaid allocations will be allocated to Local Abatement Funds
and be distributed in such proportions as set forth in Exhibit B.
L. City may direct payments to county. Any city allocated a share may elect to have its full
share or a portion of its full share of current or future annual distributions of settlement
funds instead directed to the county or counties in which it is located, so long as that county
or counties are Participating Local Governments[s]. Such an election must be made by
January 1 each year to apply to the following fiscal year. If a city is located in more than
one county, the city’s funds will be directed based on the MDL Matter’s Opioid
Negotiation Class Model.
III. Special Revenue Fund
A. Creation of special revenue fund. Every Participating Local Government receiving Opioid
Settlement Funds through direct distribution shall create a separate special revenue fund,
as described below, that is designated for the receipt and expenditure of Opioid Settlement
Funds.
B. Procedures for special revenue fund. Funds in this special revenue fund shall not be
commingled with any other money or funds of the Participating Local Government. The
funds in the special revenue fund shall not be used for any loans or pledge of assets, unless
the loan or pledge is for an Approved Use. Participating Local Governments may not
assign to another entity their rights to receive payments of Opioid Settlement Funds or their
responsibilities for funding decisions, except as provided in Section II.L.
C. Process for drawing from special revenue funds.
1. Opioid Settlement Funds can be used for a purpose when the Governing Body
includes in its budget or passes a separate resolution authorizing the expenditure of
a stated amount of Opioid Settlement Funds for that purpose or those purposes
during a specified period of time.
2. The budget or resolution must (i) indicate that it is an authorization for expenditures
of opioid settlement funds; (ii) state the specific strategy or strategies the county or
city intends to fund, using the item letter and/or number in Exhibit A to identify
each funded strategy, if applicable; and (iii) state the amount dedicated to each
strategy for a stated period of time.
D. Local government grantmaking. Participating Local Governments may make contracts
with or grants to a nonprofit, charity, or other entity with Opioid Settlement Funds.
E. Interest earned on special revenue fund. The funds in the special revenue fund may be
invested, consistent with the investment limitations for local governments, and may be
7
placed in an interest-bearing bank account. Any interest earned on the special revenue
funds must be used in a way that is consistent with this MOA.
IV. Opioid Remediation Activities
A. Limitation on use of funds. This MOA requires that Opioid Settlement Funds be utilized
only for future opioid remediation activities, and Parties shall expend Opioid Settlement
Funds only for Approved Uses and for expenditures incurred after the effective date of this
MOA, unless execution of the National Settlement Agreements requires a later date.
Opioid Settlement Funds cannot be used to pay litigation costs, expenses, or attorney fees
arising from the enforcement of legal claims related to the opioid epidemic, except for the
portion of Opioid Settlement Funds that comprise the Backstop Fund described in Section
VI. For the avoidance of doubt, counsel for Litigating Local Governments may recover
litigation costs, expenses, or attorney fees from the common benefit, contingency fee, and
cost funds established in the National Settlement Agreements, as well as the Backstop Fund
described in Section VI.
B. Public health departments as Chief Strategists. For Participating Local Governments that
have public health departments, the public health departments shall serve as the lead
agency and Chief Strategist to identify, collaborate, and respond to local issues as Local
Governments decide how to leverage and disburse Opioid Settlement Funds. In their role
as Chief Strategist, public health departments will convene multi-sector meetings and lead
efforts that build upon local efforts like Community Health Assessments and Community
Health Improvement Plans, while fostering community focused and collaborative
evidence-informed approaches that prevent and address addiction across the areas of public
health, human services, and public safety. Chief Strategists should consult with
municipalities located within their county in the development of any Community Health
Assessment, and are encouraged to collaborate with law enforcement agencies in the
county where appropriate.
C. Administrative expenses. Reasonable administrative costs for the State or Local
Government to administer its allocation of the Opioid Settlement Funds shall not exceed
actual costs, 10% of the relevant allocation of the Opioid Settlement Funds, or any
administrative expense limitation imposed by the National Settlement Agreements or
Bankruptcy Resolution, whichever is less.
D. Regions. Two or more Participating Local Governments may at their discretion form a
new group or utilize an existing group (“Region”) to pool their respective shares of
settlement funds and make joint spending decisions. Participating Local Governments may
choose to create a Region or utilize an existing Region under a joint exercise of powers
under Minn. Stat. § 471.59.
E. Consultation and partnerships.
1. Each county receiving Opioid Settlement Funds must consult annually with the
municipalities in the county regarding future use of the settlement funds in the
8
county, including by holding an annual meeting with all municipalities in the
county in order to receive input as to proposed uses of the Opioid Settlement Funds
and to encourage collaboration between Local Governments both within and
beyond the county. These meetings shall be open to the public.
2. Participating Local Governments within the same County Area have a duty to
regularly consult with each other to coordinate spending priorities.
3. Participating Local Governments can form partnerships at the local level whereby
Participating Local Governments dedicate a portion of their Opioid Settlement
Funds to support city- or community-based work with local stakeholders and
partners within the Approved Uses.
F. Collaboration. The State and Participating Local Governments must collaborate to
promote effective use of Opioid Settlement Funds, including through the sharing of
expertise, training, and technical assistance. They will also coordinate with trusted
partners, including community stakeholders, to collect and share information about
successful regional and other high-impact strategies and opioid treatment programs.
V. Reporting and Compliance
A. Construction of reporting and compliance provisions. Reporting and compliance
requirements will be developed and mutually agreed upon by the Parties, utilizing the
recommendations provided by the Advisory Panel to the Attorney General on Distribution
and Allocation of Opioid Settlement Funds.
B. Reporting Workgroup. The Parties will work together to establish a Reporting Workgroup
that includes representatives of the Attorney General’s Office, state stakeholders, and city
and county representatives, who will meet on a regular basis to develop reporting and
compliance recommendations. The Reporting Workgroup must produce a set of reporting
and compliance measures by June 1, 2022. Such reporting and compliance measures will
be effective once approved by representatives of the Attorney General’s Office, the
Governor’s Office, the Association of Minnesota Counties, and the League of Minnesota
Cities that are on the Workgroup.
VI. Backstop Fund
A. National Attorney Fee Fund. The National Settlement Agreements provide for the payment
of all or a portion of the attorney fees and costs owed by Litigating Local Governments to
private attorneys specifically retained to file suit in the opioid litigation (“National
Attorney Fee Fund”). The Parties acknowledge that the National Settlement Agreements
may provide for a portion of the attorney fees of Litigating Local Governments.
B. Backstop Fund and Waiver of Contingency Fee. The Parties agree that the Participating
Local Governments will create a supplemental attorney fees fund (the “Backstop Fund”)
to be used to compensate private attorneys (“Counsel”) for Local Governments that filed
opioid lawsuits on or before December 3, 2021 (“Litigating Local Governments”). By
9
order 3 dated August 6, 2021, Judge Polster capped all applicable contingent fee agreements
at 15%. Judge Polster’s 15% cap does not limit fees from the National Attorney Fee Fund
or from any state backstop fund for attorney fees, but private attorneys for local
governments must waive their contingent fee agreements to receive payment from the
National Attorney Fee Fund. Judge Polster recognized that a state backstop fund can be
designed to incentivize private attorneys to waive their right to enforce contingent fee
agreements and instead apply to the National Attorney Fee Fund, with the goals of
achieving greater subdivision participation and higher ultimate payouts to both states and
local governments. Accordingly, in order to seek payment from the Backstop Fund,
Counsel must agree to waive their contingency fee agreements relating to these National
Settlement Agreements and first apply to the National Attorney Fee Fund.
C. Backstop Fund Source. The Backstop Fund will be funded by seven percent (7%) of the
share of each payment made to the Local Abatement Funds from the National Settlement
Agreements (annual or otherwise), based upon the initial allocation of 25% directly to the
State Abatement Fund and 75% directly to Local Abatement Funds, and will not include
payments resulting from the Purdue or Mallinckrodt Bankruptcies. In the event that the
initial allocation is modified pursuant to Section II.F. above, then the Backstop Fund will
be funded by 8.75% of the share of each payment made to the Local Abatement Funds
from the National Settlement Agreements (annual or otherwise), based upon the modified
allocation of 40% directly to the State Abatement Fund and 60% directly to the Local
Abatement Funds, and will not include payments resulting from the Purdue or Mallinckrodt
Bankruptcies. In the event that the allocation is modified pursuant to Section II.G. or
Section II.H. above, back to an allocation of 25% directly to the State Abatement Fund and
75% directly to Local Abatement Funds, then the Backstop Fund will be funded by 7% of
the share of each payment made to the Local Abatement Funds from the National
Settlement Agreements (annual or otherwise), and will not include payments resulting from
the Purdue or Mallinckrodt Bankruptcies.
D. Backstop Fund Payment Cap. Any attorney fees paid from the Backstop Fund, together
with any compensation received from the National Settlement Agreements’ Contingency
Fee Fund, shall not exceed 15% of the total gross recovery of the Litigating Local
Governments’ share of funds from the National Settlement Agreements. To avoid doubt,
in no instance will Counsel receive more than 15% of the amount paid to their respective
Litigating Local Government client(s) when taking into account what private attorneys
receive from both the Backstop Fund and any fees received from the National Settlement
Agreements’ Contingency Fee Fund.
E. Requirements to Seek Payment from Backstop Fund. A private attorney may seek payment
from the Backstop Fund in the event that funds received by Counsel from the National
Settlement Agreements’ Contingency Fee Fund are insufficient to cover the amount that
would be due to Counsel under any contingency fee agreement with a Litigating Local
Government based on any recovery Litigating Local Governments receive from the
National Settlement Agreements. Before seeking any payment from the Backstop Fund,
3 Order, In re: Nat’l Prescription Opiate Litig., Case No. 17-MD-02804, Doc. No. 3814 (N.D. Ohio
August 6, 2021).
10
private attorneys must certify that they first sought fees from the National Settlement
Agreements’ Contingency Fee Fund, and must certify that they agreed to accept the
maximum fees payments awarded to them. Nothing in this Section, or in the terms of this
Agreement, shall be construed as a waiver of fees, contractual or otherwise, with respect
to fees that may be recovered under a contingency fee agreement or otherwise from other
past or future settlements, verdicts, or recoveries related to the opioid litigation.
F. Special Master. A special master will administer the Backstop Fund, including overseeing
any distribution, evaluating the requests of Counsel for payment, and determining the
appropriate amount of any payment from the Backstop Fund. The special master will be
selected jointly by the Minnesota Attorney General and the Hennepin County Attorney,
and will be one of the following individuals: Hon. Jeffrey Keyes, Hon. David Lillehaug;
or Hon. Jack Van de North. The special master will be compensated from the Backstop
Fund. In the event that a successor special master is needed, the Minnesota Attorney
General and the Hennepin County Attorney will jointly select the successor special master
from the above-listed individuals. If none of the above-listed individuals is available to
serve as the successor special master, then the Minnesota Attorney General and the
Hennepin County Attorney will jointly select a successor special master from a list of
individuals that is agreed upon between the Minnesota Attorney General, the Hennepin
County Attorney, and Counsel.
G. Special Master Determinations. The special master will determine the amount and timing
of any payment to Counsel from the Backstop Fund. The special master shall make one
determination regarding payment of attorney fees to Counsel, which will apply through the
term of the recovery from the National Settlement Agreements. In making such
determinations, the special master shall consider the amounts that have been or will be
received by the private attorney’s firm from the National Settlement Agreements’
Contingency Fee Fund relating to Litigating Local Governments; the contingency fee
contracts; the dollar amount of recovery for Counsel’s respective clients who are Litigating
Local Governments; the Backstop Fund Payment Cap above; the complexity of the legal
issues involved in the opioid litigation; work done to directly benefit the Local
Governments within the State of Minnesota; and the principles set forth in the Minnesota
Rules of Professional Conduct, including the reasonable and contingency fee principles of
Rule 1.5. In the interest of transparency, Counsel shall provide information in their initial
fee application about the total amount of fees that Counsel have received or will receive
from the National Attorney Fee Fund related to the Litigating Local Governments.
H. Special Master Proceedings. Counsel seeking payment from the Backstop Fund may also
provide written submissions to the special master, which may include declarations from
counsel, summaries relating to the factors described above, and/or attestation regarding
total payments awarded or anticipated from the National Settlement Agreements’
Contingency Fee Fund. Private attorneys shall not be required to disclose work product,
proprietary or confidential information, including but not limited to detailed billing or
lodestar records. To the extent that counsel rely upon written submissions to support their
application to the special master, the special master will incorporate said submission or
summary into the record. Any proceedings before the special master and documents filed
with the special master shall be public, and the special master’s determinations regarding
11
any payment from the Backstop Funds shall be transparent, public, final, and not
appealable.
I. Distribution of Any Excess Funds. To the extent the special master determines that the
Backstop Fund exceeds the amount necessary for payment to Counsel, the special master
shall distribute any excess amount to Participating Local Governments according to the
percentages set forth in Exhibit B.
J. Term. The Backstop Fund will be administered for (a) the length of the National Litigation
Settlement payments; or (b) until all Counsel for Litigating Local Governments have either
(i) received payments equal to the Backstop Fund Payment Cap above or (ii) received the
full amount determined by the special master; whichever occurs first.
K. No State Funds Toward Attorney Fees. For the avoidance of doubt, no portion of the State
Abatement Fund will be used to fund the Backstop Fund or in any other way to fund any
Litigating Local Government’s attorney fees and expenses. Any funds that the State
receives from the National Settlement Agreements as attorney fees and costs or in lieu of
attorney fees and costs, including the Additional Restitution Amounts, will be treated as
State Abatement Funds.
VII. General Terms
A. Scope of agreement. This MOA applies to all settlements under the National Settlement
Agreements with Settling Defendants and the Bankruptcy Resolutions with Bankruptcy
Defendants.4 The Parties agree to discuss the use, as the Parties may deem appropriate in
the future, of the settlement terms set out herein (after any necessary amendments) for
resolutions with Opioid Supply Chain Participants not covered by the National Settlement
Agreements or a Bankruptcy Resolution. The Parties acknowledge that this MOA does
not excuse any requirements placed upon them by the terms of the National Settlement
Agreements or any Bankruptcy Resolution, except to the extent those terms allow for a
State-Subdivision Agreement to do so.
B. When MOA takes effect.
1. This MOA shall become effective at the time a sufficient number of Local
Governments have joined the MOA to qualify this MOA as a State-Subdivision
Agreement under the National Settlement Agreements or as a Statewide Abatement
Agreement under any Bankruptcy Resolution. If this MOA does not thereby
qualify as a State-Subdivision Agreement or Statewide Abatement Agreement, this
MOA will have no effect.
2. The Parties may conditionally agree to sign on to the MOA through a letter of intent,
resolution, or similar written statement, declaration, or pronouncement declaring
4 For the avoidance of doubt, this includes settlements reached with AmerisourceBergen, Cardinal
Health, and McKesson, and Janssen, and Bankruptcy Resolutions involving Purdue Pharma L.P.,
and Mallinckrodt plc.
12
their intent to sign on to the MOA if the threshold for Party participation in a
specific Settlement is achieved.
C. Dispute resolution.
1. If any Party believes another Party has violated the terms of this MOA, the alleging
Party may seek to enforce the terms of this MOA in Ramsey County District Court,
provided the alleging Party first provides notice to the alleged offending Party of
the alleged violation and a reasonable opportunity to cure the alleged violation.
2. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds has violated any
applicable ethics codes or rules, a complaint shall be lodged with the appropriate
forum for handling such matters.
3. If a Party believes another Party, Region, or individual involved in the receipt,
distribution, or administration of Opioid Settlement Funds violated any Minnesota
criminal law, such conduct shall be reported to the appropriate criminal authorities.
D. Amendments. The Parties agree to make such amendments as necessary to implement the
intent of this MOA.
E. Applicable law and venue. Unless otherwise required by the National Settlement
Agreements or a Bankruptcy Resolution, this MOA, including any issues related to
interpretation or enforcement, is governed by the laws of the State of Minnesota. Any
action related to the provisions of this MOA must be adjudicated by the Ramsey County
District Court. If any provision of this MOA is held invalid by any court of competent
jurisdiction, this invalidity does not affect any other provision which can be given effect
without the invalid provision.
F. Relationship of this MOA to other agreements and resolutions. All Parties acknowledge
and agree that the National Settlement Agreements will require a Participating Local
Government to release all its claims against the Settling Defendants to receive direct
allocation of Opioid Settlement Funds. All Parties further acknowledge and agree that
based on the terms of the National Settlement Agreements, a Participating Local
Government may receive funds through this MOA only after complying with all
requirements set forth in the National Settlement Agreements to release its claims. This
MOA is not a promise from any Party that any National Settlement Agreements or
Bankruptcy Resolution will be finalized or executed.
G. When MOA is no longer in effect. This MOA is effective until one year after the last date
on which any Opioid Settlement Funds are being spent by the Parties pursuant to the
National Settlement Agreements and any Bankruptcy Resolution.
H. No waiver for failure to exercise. The failure of a Party to exercise any rights under this
MOA will not be deemed to be a waiver of any right or any future rights.
13
I. No effect on authority of Parties. Nothing in this MOA should be construed to limit the
power or authority of the State of Minnesota, the Attorney General, or the Local
Governments, except as expressly set forth herein.
J. Signing and execution. This MOA may be executed in counterparts, each of which
constitutes an original, and all of which constitute one and the same agreement. This MOA
may be executed by facsimile or electronic copy in any image format. Each Party
represents that all procedures necessary to authorize such Party’s execution of this MOA
have been performed and that the person signing for such Party has been authorized to
execute the MOA in an official capacity that binds the Party.
14
This Minnesota Opioids State-Subdivision Memorandum of Agreement is signed
this ___day of ____________, ______ by:
____________________________________________
Name and Title: _______________________________
On behalf of: _________________________________
1
EXHIBIT A
List of Opioid Remediation Uses
Settlement fund recipients shall choose from among abatement strategies, including but not
limited to those listed in this Exhibit. The programs and strategies listed in this Exhibit are not
exclusive, and fund recipients shall have flexibility to modify their abatement approach as
needed and as new uses are discovered.
PART ONE: TREATMENT
A. TREAT OPIOID USE DISORDER (OUD)
Support treatment of Opioid Use Disorder (“OUD”) and any co-occurring Substance Use
Disorder or Mental Health (“SUD/MH”) conditions through evidence-based or evidence-
informed programs 5 or strategies that may include, but are not limited to, those that:6
1. Expand availability of treatment for OUD and any co-occurring SUD/MH
conditions, including all forms of Medication for Opioid Use Disorder
(“MOUD”)7 approved by the U.S. Food and Drug Administration.
2. Support and reimburse evidence-based services that adhere to the American
Society of Addiction Medicine (“ASAM”) continuum of care for OUD and any co-
occurring SUD/MH conditions.
3. Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions, including MOUD, as well as counseling, psychiatric
support, and other treatment and recovery support services.
4. Improve oversight of Opioid Treatment Programs (“OTPs”) to assure evidence-
based or evidence-informed practices such as adequate methadone dosing and low
threshold approaches to treatment.
5 Use of the terms “evidence-based,” “evidence-informed,” or “best practices” shall not limit the
ability of recipients to fund innovative services or those built on culturally specific needs. Rather,
recipients are encouraged to support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions.
6 As used in this Exhibit, words like “expand,” “fund,” “provide” or the like shall not indicate a
preference for new or existing programs.
7 Historically, pharmacological treatment for opioid use disorder was referred to as “Medication-
Assisted Treatment” (“MAT”). It has recently been determined that the better term is “Medication
for Opioid Use Disorder” (“MOUD”). This Exhibit will use “MOUD” going forward. Use of the
term MOUD is not intended to and shall in no way limit abatement programs or strategies now or
into the future as new strategies and terminology evolve.
2
5. Support mobile intervention, treatment, and recovery services, offered by
qualified professionals and service providers, such as peer recovery coaches, for
persons with OUD and any co-occurring SUD/MH conditions and for persons
who have experienced an opioid overdose.
6. Provide treatment of trauma for individuals with OUD (e.g., violence, sexual
assault, human trafficking, or adverse childhood experiences) and family
members (e.g., surviving family members after an overdose or overdose fatality),
and training of health care personnel to identify and address such trauma.
7. Support detoxification (detox) and withdrawal management services for people
with OUD and any co-occurring SUD/MH conditions, including but not limited to
medical detox, referral to treatment, or connections to other services or supports.
8. Provide training on MOUD for health care providers, first responders, students, or
other supporting professionals, such as peer recovery coaches or recovery
outreach specialists, including telementoring to assist community-based providers
in rural or underserved areas.
9. Support workforce development for addiction professionals who work with
persons with OUD and any co-occurring SUD/MH or mental health conditions.
10. Offer fellowships for addiction medicine specialists for direct patient care,
instructors, and clinical research for treatments.
11. Offer scholarships and supports for certified addiction counselors, licensed
alcohol and drug counselors, licensed clinical social workers, licensed mental
health counselors, and other mental and behavioral health practitioners or
workers, including peer recovery coaches, peer recovery supports, and treatment
coordinators, involved in addressing OUD and any co-occurring SUD/MH or
mental health conditions, including, but not limited to, training, scholarships,
fellowships, loan repayment programs, continuing education, licensing fees, or
other incentives for providers to work in rural or underserved areas.
12. Provide funding and training for clinicians to obtain a waiver under the federal
Drug Addiction Treatment Act of 2000 (“DATA 2000”) to prescribe MOUD for
OUD, and provide technical assistance and professional support to clinicians who
have obtained a DATA 2000 waiver.
13. Dissemination of web-based training curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service–Opioids web-based
training curriculum and motivational interviewing.
14. Develop and disseminate new curricula, such as the American Academy of
Addiction Psychiatry’s Provider Clinical Support Service for Medication–
Assisted Treatment.
3
B. SUPPORT PEOPLE IN TREATMENT AND RECOVERY
Support people in recovery from OUD and any co-occurring SUD/MH conditions
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the programs or strategies that:
1. Provide comprehensive wrap-around services to individuals with OUD and any
co-occurring SUD/MH conditions, including housing, transportation, education,
job placement, job training, or childcare.
2. Provide the full continuum of care of treatment and recovery services for OUD
and any co-occurring SUD/MH conditions, including supportive housing, peer
support services and counseling, community navigators, case management, and
connections to community-based services.
3. Provide counseling, peer-support, recovery case management and residential
treatment with access to medications for those who need it to persons with OUD
and any co-occurring SUD/MH conditions.
4. Provide access to housing for people with OUD and any co-occurring SUD/MH
conditions, including supportive housing, recovery housing, housing assistance
programs, training for housing providers, or recovery housing programs that allow
or integrate FDA-approved medication with other support services.
5. Provide community support services, including social and legal services, to assist
in deinstitutionalizing persons with OUD and any co-occurring SUD/MH
conditions.
6. Support or expand peer-recovery centers, which may include support groups,
social events, computer access, or other services for persons with OUD and any
co-occurring SUD/MH conditions.
7. Provide or support transportation to treatment or recovery programs or services
for persons with OUD and any co-occurring SUD/MH conditions.
8. Provide employment training or educational services for persons in treatment for
or recovery from OUD and any co-occurring SUD/MH conditions.
9. Identify successful recovery programs such as physician, pilot, and college
recovery programs, and provide support and technical assistance to increase the
number and capacity of high-quality programs to help those in recovery.
10. Engage non-profits, faith-based communities, and community coalitions to
support people in treatment and recovery and to support family members in their
efforts to support the person with OUD in the family.
4
11. Provide training and development of procedures for government staff to
appropriately interact and provide social and other services to individuals with or
in recovery from OUD, including reducing stigma.
12. Support stigma reduction efforts regarding treatment and support for persons with
OUD, including reducing the stigma on effective treatment.
13. Create or support culturally appropriate services and programs for persons with
OUD and any co-occurring SUD/MH conditions, including but not limited to new
Americans, African Americans, and American Indians.
14. Create and/or support recovery high schools.
15. Hire or train behavioral health workers to provide or expand any of the services or
supports listed above.
C. CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
(CONNECTIONS TO CARE)
Provide connections to care for people who have—or are at risk of developing—OUD
and any co-occurring SUD/MH conditions through evidence-based or evidence-informed
programs or strategies that may include, but are not limited to, those that:
1. Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary) a patient for
OUD treatment.
2. Fund Screening, Brief Intervention and Referral to Treatment (“SBIRT”)
programs to reduce the transition from use to disorders, including SBIRT services
to pregnant women who are uninsured or not eligible for Medicaid.
3. Provide training and long-term implementation of SBIRT in key systems (health,
schools, colleges, criminal justice, and probation), with a focus on youth and
young adults when transition from misuse to opioid disorder is common.
4. Purchase automated versions of SBIRT and support ongoing costs of the
technology.
5. Expand services such as navigators and on-call teams to begin MOUD in hospital
emergency departments.
6. Provide training for emergency room personnel treating opioid overdose patients
on post-discharge planning, including community referrals for MOUD, recovery
case management or support services.
7. Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions, or persons who have experienced an opioid overdose, into
clinically appropriate follow-up care through a bridge clinic or similar approach.
5
8. Support crisis stabilization centers that serve as an alternative to hospital
emergency departments for persons with OUD and any co-occurring SUD/MH
conditions or persons that have experienced an opioid overdose.
9. Support the work of Emergency Medical Systems, including peer support
specialists, to connect individuals to treatment or other appropriate services
following an opioid overdose or other opioid-related adverse event.
10. Provide funding for peer support specialists or recovery coaches in emergency
departments, detox facilities, recovery centers, recovery housing, or similar
settings; offer services, supports, or connections to care to persons with OUD and
any co-occurring SUD/MH conditions or to persons who have experienced an
opioid overdose.
11. Expand warm hand-off services to transition to recovery services.
12. Create or support school-based contacts that parents can engage with to seek
immediate treatment services for their child; and support prevention, intervention,
treatment, and recovery programs focused on young people.
13. Develop and support best practices on addressing OUD in the workplace.
14. Support assistance programs for health care providers with OUD.
15. Engage non-profits and the faith community as a system to support outreach for
treatment.
16. Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions.
D. ADDRESS THE NEEDS OF CRIMINAL JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions who
are involved in, are at risk of becoming involved in, or are transitioning out of the
criminal justice system through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, those that:
1. Support pre-arrest or pre-arraignment diversion and deflection strategies for
persons with OUD and any co-occurring SUD/MH conditions, including
established strategies such as:
1. Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (“PAARI”);
2. Active outreach strategies such as the Drug Abuse Response Team
(“DART”) model;
6
3. “Naloxone Plus” strategies, which work to ensure that individuals who
have received naloxone to reverse the effects of an overdose are then
linked to treatment programs or other appropriate services;
4. Officer prevention strategies, such as the Law Enforcement Assisted
Diversion (“LEAD”) model;
5. Officer intervention strategies such as the Leon County, Florida Adult
Civil Citation Network or the Chicago Westside Narcotics Diversion to
Treatment Initiative; or
6. Co-responder and/or alternative responder models to address OUD-related
911 calls with greater SUD expertise.
2. Support pre-trial services that connect individuals with OUD and any co-
occurring SUD/MH conditions to evidence-informed treatment, including
MOUD, and related services.
3. Support treatment and recovery courts that provide evidence-based options for
persons with OUD and any co-occurring SUD/MH conditions.
4. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are incarcerated in jail or prison.
5. Provide evidence-informed treatment, including MOUD, recovery support, harm
reduction, or other appropriate services to individuals with OUD and any co-
occurring SUD/MH conditions who are leaving jail or prison or have recently left
jail or prison, are on probation or parole, are under community corrections
supervision, or are in re-entry programs or facilities.
6. Support critical time interventions (“CTI”), particularly for individuals living with
dual-diagnosis OUD/serious mental illness, and services for individuals who face
immediate risks and service needs and risks upon release from correctional
settings.
7. Provide training on best practices for addressing the needs of criminal justice-
involved persons with OUD and any co-occurring SUD/MH conditions to law
enforcement, correctional, or judicial personnel or to providers of treatment,
recovery, harm reduction, case management, or other services offered in
connection with any of the strategies described in this section.
E. ADDRESS THE NEEDS OF THE PERINATAL POPULATION, CAREGIVERS,
AND FAMILIES, INCLUDING BABIES WITH NEONATAL OPIOID
WITHDRAWAL SYNDROME.
Address the needs of the perinatal population and caregivers with OUD and any co-
occurring SUD/MH conditions, and the needs of their families, including babies with
7
neonatal opioid withdrawal syndrome (“NOWS”), through evidence-based or evidence-
informed programs or strategies that may include, but are not limited to, those that:
1. Support evidence-based or evidence-informed treatment, including MOUD,
recovery services and supports, and prevention services for the perinatal
population—or individuals who could become pregnant—who have OUD and
any co-occurring SUD/MH conditions, and other measures to educate and provide
support to caregivers and families affected by Neonatal Opioid Withdrawal
Syndrome.
2. Expand comprehensive evidence-based treatment and recovery services, including
MOUD, for uninsured individuals with OUD and any co-occurring SUD/MH
conditions for up to 12 months postpartum.
3. Provide training for obstetricians or other healthcare personnel who work with the
perinatal population and their families regarding treatment of OUD and any co-
occurring SUD/MH conditions.
4. Expand comprehensive evidence-based treatment and recovery support for
NOWS babies; expand services for better continuum of care with infant-caregiver
dyad; and expand long-term treatment and services for medical monitoring of
NOWS babies and their caregivers and families.
5. Provide training to health care providers who work with the perinatal population
and caregivers on best practices for compliance with federal requirements that
children born with NOWS get referred to appropriate services and receive a plan
of safe care.
6. Provide child and family supports for caregivers with OUD and any co-occurring
SUD/MH conditions, emphasizing the desire to keep families together.
7. Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family; and offer trauma-informed behavioral health
treatment for adverse childhood events.
8. Offer home-based wrap-around services to persons with OUD and any co-
occurring SUD/MH conditions, including, but not limited to, parent skills
training.
9. Provide support for Children’s Services—Fund additional positions and services,
including supportive housing and other residential services, relating to children
being removed from the home and/or placed in foster care due to custodial opioid
use.
8
PART TWO: PREVENTION
F. PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and
dispensing of opioids through evidence-based or evidence-informed programs or
strategies that may include, but are not limited to, the following:
1. Funding medical provider education and outreach regarding best prescribing
practices for opioids consistent with the Guidelines for Prescribing Opioids for
Chronic Pain from the U.S. Centers for Disease Control and Prevention, including
providers at hospitals (academic detailing).
2. Training for health care providers regarding safe and responsible opioid
prescribing, dosing, and tapering patients off opioids.
3. Continuing Medical Education (CME) on appropriate prescribing of opioids.
4. Providing Support for non-opioid pain treatment alternatives, including training
providers to offer or refer to multi-modal, evidence-informed treatment of pain.
5. Supporting enhancements or improvements to Prescription Drug Monitoring
Programs (“PDMPs”), including, but not limited to, improvements that:
1. Increase the number of prescribers using PDMPs;
2. Improve point-of-care decision-making by increasing the quantity, quality,
or format of data available to prescribers using PDMPs, by improving the
interface that prescribers use to access PDMP data, or both; or
3. Enable states to use PDMP data in support of surveillance or intervention
strategies, including MOUD referrals and follow-up for individuals
identified within PDMP data as likely to experience OUD in a manner that
complies with all relevant privacy and security laws and rules.
6. Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency Medical
Technician overdose database in a manner that complies with all relevant privacy
and security laws and rules.
7. Increasing electronic prescribing to prevent diversion or forgery.
8. Educating dispensers on appropriate opioid dispensing.
9
G. PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based or
evidence-informed programs or strategies that may include, but are not limited to, the
following:
1. Funding media campaigns to prevent opioid misuse, including but not limited to
focusing on risk factors and early interventions.
2. Corrective advertising or affirmative public education campaigns based on
evidence.
3. Public education relating to drug disposal.
4. Drug take-back disposal or destruction programs.
5. Funding community anti-drug coalitions that engage in drug prevention efforts.
6. Supporting community coalitions in implementing evidence-informed prevention,
such as reduced social access and physical access, stigma reduction—including
staffing, educational campaigns, support for people in treatment or recovery, or
training of coalitions in evidence-informed implementation, including the
Strategic Prevention Framework developed by the U.S. Substance Abuse and
Mental Health Services Administration (“SAMHSA”).
7. Engaging non-profits and faith-based communities as systems to support
prevention.
8. Funding evidence-based prevention programs in schools or evidence-informed
school and community education programs and campaigns for students, families,
school employees, school athletic programs, parent-teacher and student
associations, and others.
9. School-based or youth-focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in
preventing the uptake and use of opioids.
10. Create or support community-based education or intervention services for
families, youth, and adolescents at risk for OUD and any co-occurring SUD/MH
conditions.
11. Support evidence-informed programs or curricula to address mental health needs
of young people who may be at risk of misusing opioids or other drugs, including
emotional modulation and resilience skills.
12. Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses, behavioral health
10
workers or other school staff, to address mental health needs in young people that
(when not properly addressed) increase the risk of opioid or another drug misuse.
H. PREVENT OVERDOSE DEATHS AND OTHER HARMS (HARM REDUCTION)
Support efforts to prevent or reduce overdose deaths or other opioid-related harms
through evidence-based or evidence-informed programs or strategies that may include,
but are not limited to, the following:
1. Increased availability and distribution of naloxone and other drugs that treat
overdoses for first responders, overdose patients, individuals with OUD and their
friends and family members, schools, community navigators and outreach
workers, persons being released from jail or prison, or other members of the
general public.
2. Public health entities providing free naloxone to anyone in the community.
3. Training and education regarding naloxone and other drugs that treat overdoses
for first responders, overdose patients, patients taking opioids, families, schools,
community support groups, and other members of the general public.
4. Enabling school nurses and other school staff to respond to opioid overdoses, and
provide them with naloxone, training, and support.
5. Expanding, improving, or developing data tracking software and applications for
overdoses/naloxone revivals.
6. Public education relating to emergency responses to overdoses.
7. Public education relating to immunity and Good Samaritan laws.
8. Educating first responders regarding the existence and operation of immunity and
Good Samaritan laws.
9. Syringe service programs and other evidence-informed programs to reduce harms
associated with intravenous drug use, including supplies, staffing, space, peer
support services, referrals to treatment, fentanyl checking, connections to care,
and the full range of harm reduction and treatment services provided by these
programs.
10. Expanding access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
11. Supporting mobile units that offer or provide referrals to harm reduction services,
treatment, recovery supports, health care, or other appropriate services to persons
that use opioids or persons with OUD and any co-occurring SUD/MH conditions.
11
12. Providing training in harm reduction strategies to health care providers, students,
peer recovery coaches, recovery outreach specialists, or other professionals that
provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions.
13. Supporting screening for fentanyl in routine clinical toxicology testing.
PART THREE: OTHER STRATEGIES
I. FIRST RESPONDERS
In addition to items in section C, D and H relating to first responders, support the
following:
1. Law enforcement expenditures related to the opioid epidemic.
2. Education of law enforcement or other first responders regarding appropriate
practices and precautions when dealing with fentanyl or other drugs.
3. Provision of wellness and support services for first responders and others who
experience secondary trauma associated with opioid-related emergency events.
J. LEADERSHIP, PLANNING AND COORDINATION
Support efforts to provide leadership, planning, coordination, facilitations, training and
technical assistance to abate the opioid epidemic through activities, programs, or
strategies that may include, but are not limited to, the following:
1. Statewide, regional, local or community regional planning to identify root causes
of addiction and overdose, goals for reducing harms related to the opioid
epidemic, and areas and populations with the greatest needs for treatment
intervention services, and to support training and technical assistance and other
strategies to abate the opioid epidemic described in this opioid abatement strategy
list.
2. A dashboard to (a) share reports, recommendations, or plans to spend opioid
settlement funds; (b) to show how opioid settlement funds have been spent; (c) to
report program or strategy outcomes; or (d) to track, share or visualize key opioid-
or health-related indicators and supports as identified through collaborative
statewide, regional, local or community processes.
3. Invest in infrastructure or staffing at government or not-for-profit agencies to
support collaborative, cross-system coordination with the purpose of preventing
overprescribing, opioid misuse, or opioid overdoses, treating those with OUD and
any co-occurring SUD/MH conditions, supporting them in treatment or recovery,
connecting them to care, or implementing other strategies to abate the opioid
epidemic described in this opioid abatement strategy list.
12
4. Provide resources to staff government oversight and management of opioid
abatement programs.
5. Support multidisciplinary collaborative approaches consisting of, but not limited
to, public health, public safety, behavioral health, harm reduction, and others at
the state, regional, local, nonprofit, and community level to maximize collective
impact.
K. TRAINING
In addition to the training referred to throughout this document, support training to abate
the opioid epidemic through activities, programs, or strategies that may include, but are
not limited to, those that:
1. Provide funding for staff training or networking programs and services to improve
the capability of government, community, and not-for-profit entities to abate the
opioid crisis.
2. Support infrastructure and staffing for collaborative cross-system coordination to
prevent opioid misuse, prevent overdoses, and treat those with OUD and any co-
occurring SUD/MH conditions, or implement other strategies to abate the opioid
epidemic described in this opioid abatement strategy list (e.g., health care,
primary care, pharmacies, PDMPs, etc.).
L. RESEARCH
Support opioid abatement research that may include, but is not limited to, the following:
1. Monitoring, surveillance, data collection and evaluation of programs and
strategies described in this opioid abatement strategy list.
2. Research non-opioid treatment of chronic pain.
3. Research on improved service delivery for modalities such as SBIRT that
demonstrate promising but mixed results in populations vulnerable to
opioid use disorders.
4. Research on novel harm reduction and prevention efforts such as the
provision of fentanyl test strips.
5. Research on innovative supply-side enforcement efforts such as improved
detection of mail-based delivery of synthetic opioids.
6. Expanded research on swift/certain/fair models to reduce and deter opioid
misuse within criminal justice populations that build upon promising
approaches used to address other substances (e.g., Hawaii HOPE and
Dakota 24/7).
13
7. Epidemiological surveillance of OUD-related behaviors in critical
populations, including individuals entering the criminal justice system,
including, but not limited to approaches modeled on the Arrestee Drug
Abuse Monitoring (“ADAM”) system.
8. Qualitative and quantitative research regarding public health risks and
harm reduction opportunities within illicit drug markets, including surveys
of market participants who sell or distribute illicit opioids.
9. Geospatial analysis of access barriers to MOUD and their association with
treatment engagement and treatment outcomes.
M. POST-MORTEM
1. Toxicology tests for the range of opioids, including synthetic opioids, seen in
overdose deaths as well as newly evolving synthetic opioids infiltrating the drug
supply.
2. Toxicology method development and method validation for the range of synthetic
opioids observed now and in the future, including the cost of installation,
maintenance, repairs and training of capital equipment.
3. Autopsies in cases of overdose deaths resulting from opioids and synthetic
opioids.
4. Additional storage space/facilities for bodies directly related to opioid or synthetic
opioid related deaths.
5. Comprehensive death investigations for individuals where a death is caused by or
suspected to have been caused by an opioid or synthetic opioid overdose, whether
intentional or accidental (overdose fatality reviews).
6. Indigent burial for unclaimed remains resulting from overdose deaths.
7. Navigation-to-care services for individuals with opioid use disorder who are
encountered by the medical examiner’s office as either family and/or social
network members of decedents dying of opioid overdose.
8. Epidemiologic data management and reporting to public health and public safety
stakeholders regarding opioid overdose fatalities.
1
EXHIBIT B
Local Abatement Funds Allocation
Subdivision Allocation Percentage
AITKIN COUNTY 0.5760578506020%
Andover city 0.1364919450741%
ANOKA COUNTY 5.0386504680954%
Apple Valley city 0.2990817344560%
BECKER COUNTY 0.6619330684437%
BELTRAMI COUNTY 0.7640787092763%
BENTON COUNTY 0.6440948102319%
BIG STONE COUNTY 0.1194868774775%
Blaine city 0.4249516912759%
Bloomington city 0.4900195550092%
BLUE EARTH COUNTY 0.6635420704652%
Brooklyn Center city 0.1413853902225%
Brooklyn Park city 0.2804136234778%
BROWN COUNTY 0.3325325415732%
Burnsville city 0.5135361296508%
CARLTON COUNTY 0.9839591749060%
CARVER COUNTY 1.1452829659572%
CASS COUNTY 0.8895681513437%
CHIPPEWA COUNTY 0.2092611794436%
CHISAGO COUNTY 0.9950193750117%
CLAY COUNTY 0.9428475281726%
CLEARWATER COUNTY 0.1858592042741%
COOK COUNTY 0.1074594959729%
Coon Rapids city 0.5772642444915%
Cottage Grove city 0.2810994719143%
COTTONWOOD COUNTY 0.1739065270025%
CROW WING COUNTY 1.1394859174804%
DAKOTA COUNTY 4.4207140602835%
DODGE COUNTY 0.2213963257778%
DOUGLAS COUNTY 0.6021779472345%
Duluth city 1.1502115379896%
Eagan city 0.3657951576014%
Eden Prairie city 0.2552171572659%
Edina city 0.1973054822135%
FARIBAULT COUNTY 0.2169409335358%
FILLMORE COUNTY 0.2329591105316%
FREEBORN COUNTY 0.3507169823793%
GOODHUE COUNTY 0.5616542387089%
2
Subdivision Allocation Percentage
GRANT COUNTY 0.0764556498477%
HENNEPIN COUNTY 19.0624622261821%
HOUSTON COUNTY 0.3099019273452%
HUBBARD COUNTY 0.4582368775192%
Inver Grove Heights city 0.2193400520297%
ISANTI COUNTY 0.7712992707537%
ITASCA COUNTY 1.1406408131328%
JACKSON COUNTY 0.1408950443531%
KANABEC COUNTY 0.3078966749987%
KANDIYOHI COUNTY 0.1581167542252%
KITTSON COUNTY 0.0812834506382%
KOOCHICHING COUNTY 0.2612581865885%
LAC QUI PARLE COUNTY 0.0985665133485%
LAKE COUNTY 0.1827750320696%
LAKE OF THE WOODS COUNTY 0.1123105027592%
Lakeville city 0.2822249627090%
LE SUEUR COUNTY 0.3225703347466%
LINCOLN COUNTY 0.1091919983965%
LYON COUNTY 0.2935118186364%
MAHNOMEN COUNTY 0.1416417687922%
Mankato city 0.3698584320930%
Maple Grove city 0.1814019046900%
Maplewood city 0.1875101678223%
MARSHALL COUNTY 0.1296352091057%
MARTIN COUNTY 0.2543064014046%
MCLEOD COUNTY 0.1247104517575%
MEEKER COUNTY 0.3744031515243%
MILLE LACS COUNTY 0.9301506695846%
Minneapolis city 4.8777618689374%
Minnetonka city 0.1967231070869%
Moorhead city 0.4337377037965%
MORRISON COUNTY 0.7178981419196%
MOWER COUNTY 0.5801769148506%
MURRAY COUNTY 0.1348775389165%
NICOLLET COUNTY 0.1572381052896%
NOBLES COUNTY 0.1562005111775%
NORMAN COUNTY 0.1087596675165%
North St. Paul city 0.0575844069340%
OLMSTED COUNTY 1.9236715094724%
OTTER TAIL COUNTY 0.8336175418789%
PENNINGTON COUNTY 0.3082576394945%
PINE COUNTY 0.5671222706703%
3
Subdivision Allocation Percentage
PIPESTONE COUNTY 0.1535154503112%
Plymouth city 0.1762541472591%
POLK COUNTY 0.8654291473909%
POPE COUNTY 0.1870129873102%
Proctor city 0.0214374127881%
RAMSEY COUNTY 7.1081424150498%
RED LAKE COUNTY 0.0532649128178%
REDWOOD COUNTY 0.2809842366614%
RENVILLE COUNTY 0.2706888807449%
RICE COUNTY 0.2674764397830%
Richfield city 0.2534018444052%
Rochester city 0.7363082848763%
ROCK COUNTY 0.2043437335735%
ROSEAU COUNTY 0.2517872793025%
Roseville city 0.1721905548771%
Savage city 0.1883576635033%
SCOTT COUNTY 1.3274301645797%
Shakopee city 0.2879873611373%
SHERBURNE COUNTY 1.2543449471994%
SIBLEY COUNTY 0.2393480708456%
ST LOUIS COUNTY 4.7407767169807%
St. Cloud city 0.7330089009029%
St. Louis Park city 0.1476314588229%
St. Paul city 3.7475206797569%
STEARNS COUNTY 2.4158085321227%
STEELE COUNTY 0.3969975262520%
STEVENS COUNTY 0.1439474275223%
SWIFT COUNTY 0.1344167568499%
TODD COUNTY 0.4180909816781%
TRAVERSE COUNTY 0.0903964133868%
WABASHA COUNTY 0.3103038996965%
WADENA COUNTY 0.2644094336575%
WASECA COUNTY 0.2857912156338%
WASHINGTON COUNTY 3.0852862512586%
WATONWAN COUNTY 0.1475626355615%
WILKIN COUNTY 0.0937962507119%
WINONA COUNTY 0.7755267356126%
Woodbury city 0.4677270171716%
WRIGHT COUNTY 1.6985269385427%
YELLOW MEDICINE COUNTY 0.1742264836427%
CITY OF HUGO
RESOLUTION 2022-
RESOLUTION APPROVING THE MEMORANDUM OF AGREEMENT (MOA)
BETWEEN THE STATE OF MINNESOTA AND LOCAL GOVERNMENTS AND
AUTHORIZING PARTICIPATION IN NATIONAL OPIOID SETTLEMENTS
WHEREAS, the State of Minnesota, Minnesota counties and cities, and their people,
have been harmed by misconduct committed by certain entities that engage in the manufacture,
marketing, promotion, distribution, or dispensing of opioids; and
WHEREAS, the State of Minnesota and numerous Minnesota cities and counties joined
with thousands of local governments across the country to file lawsuits against opioid
manufacturer and pharmaceutical distribution companies and hold those companies accountable
for their misconduct; and
WHEREAS, representatives of local Minnesota governments, the League of Minnesota
Cities, the Association of Minnesota Counties, the Coalition of Greater Minnesota Cities, the
State of Minnesota, and the Minnesota Attorney General’s Office have negotiated and prepared a
Memorandum of Agreement (MOA) to provide for the equitable distribution of proceeds to the
State of Minnesota and to individual local governments from recent settlements in the national
opioid litigation; and
WHEREAS, by signing onto the MOA, the state and local governments maximize
Minnesota’s share of opioid settlement funds, demonstrate solidarity in response to the opioid
epidemic, and ensure needed resources reach the most impacted communities; and
WHEREAS, it is in the best interests of the State of Minnesota and the residents of the
City of Hugo, and the County of Washington, that the City participate in the national opioid
litigation settlements.
NOW, THEREFORE, be it resolved by the City Council of the City of Hugo,
Minnesota:
1. Participation in the opioid litigation settlements promotes the public health,
safety, and welfare of the residents of the City of Hugo.
2. The City of Hugo supports and opts-in to the national opioid litigation settlements
with the Distributors McKesson, Cardinal Health, and Amerisource Bergen, and
with the Manufacturer Johnson & Johnson.
3. The Memorandum of Agreement (MOA) between the State of Minnesota and
Local Governments relating to the distribution of settlement funds is hereby
approved by the City of Hugo.
4. City Staff is hereby authorized to take such measures as necessary to sign the
MOA and otherwise participate in the national opioid settlements, including
executing the Participation Agreement and accompanying Release.
Resolution 2022-
ADOPTED by the City Council this 7th day of February, 2022.
_______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
AMENDMENT NO. 1
COOPERATIVE AGREEMENT FOR
HUGO YARD WASTE COLLECTION SITE
This Amendment No. 1 is entered into by and between Washington County, a body politic and corporate,
organized under the laws of the State of Minnesota (County) and the City of Hugo, a Minnesota municipal
corporation (City) to amend the Cooperative Agreement for Operation and Management of the Hugo Yard
Waste Collection Site effective July 26, 2019, thereto as follows:
1. Item I City Items, No. 3. the timeline and terms between the City and County is deleted and restated
to read: 3. The City agrees to allow the County to operate the yard waste collection site at the
current location in conjunction with the lease timeline and terms between the County and the
adjacent owner, Daniel Bayless, or sooner if the County finds a more permanent location. The
current timeline is to run form time of commencement in 2019 to the end of 2023.
All other terms and conditions of the Cooperative Agreement for Operation and Management of the Hugo
Yard Waste Collection Site of July 26, 2019 not expressly amended herein remain in full force and effect.
Dated: _____________________________ Dated:______________________________
CITY OF HUGO: COUNTY OF WASHINGTON
By:_____________________________ By:_________________________________
Tom Weidt Wayne A. Johnson, Chair
Board of Commissioners
By:_____________________________ By:__________________________________
Bryan Bear Kevin Corbid
City Administrator County Administrator
Approved as to form: Approved as to form:
_________________________________ __________________________________
City Attorney Assistant County Attorney
Agenda Number G.11
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: Amanda and Joel Kruse - Variance to allow construction of a house to
be located within the required shoreland setback of Sunset Lake and the
front yard setback of the Rural Residential zoning district.
The property is generally located on the east side of Sunset Lake along
Ingersoll Avenue North.
DATE: February 1, 2022, for the City Council meeting on February 7, 2022
ZONING: Rural Residential (RR)
REVIEW DEADLINE (120-days): April 5, 2022
1. BOARD OF ZONING APPEALS AND ADJUSTMENTS UPDATE:
At its January 27, 2022, meeting the Board held a public hearing and considered the request. Staff
recommended approval of the two variance requests. There was no one that spoke during the public
hearing, except the applicant. The Board agreed the requests met the criteria to approve the
variances and unanimously recommended approval of the variances.
2. DESCRIPTION OF REQUEST:
The appliciant is requesting to construct a new home on a vacant lot that is approximately .21 acres
in size. It is located on the east side of Sunset Lake along Ingersoll Avenue North. Hugo City
Code, Section 90-137, classifies Sunset Lake as a Recreational Development lake and requires a
100 foot setback for structures. The applicant has shown a building footprint on the survey.
The applicants are requesting the two following variances:
1. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset
Lake, where 100 feet is required by ordinance.
2. A building front yard setback to be 19.3 feet from the front property line, where 40 feet is
required by ordinance.
Kruse Variance
Page 2
2
3. LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City’s discretion in approving or denying a variance is limited to whether or not the proposed
project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of
discretion with a variance because the burden of proof is on the applicant to show that they meet
the standards in the ordinance.
4. ANALYSIS:
A. Surrounding Land Use and Zoning
The property is guided as Large Lot Residential (LL) in the 2040 Land Use Plan and is zoned
Rural Residential (RR). The property is vacant. The surrounding properties are also guided LL and
zoned RR. The properties are a combination of large lots and small lots closer to Sunset Lake.
B. Natural Characteristics of the Site
The property is along Sunset Lake. There are wetlands present on the property along the lake. The
City’s wetland specialist has looked and the site and no wetlands are proposed to be impacted with
the application requests. The property slopes down towards the lake.
C. Variance Standards
Shoreland and Front Yard Setback Variances
The applicants are requesting the two following variances:
3. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset
Lake, where 100 feet is required by ordinance.
4. A building front yard setback to be 19.3 feet from the front property line, where 40 feet is
required by ordinance.
Staff used these standards to review the variance request and finds that it meets the standards as
follows:
(1) Law. The variance as requested is permissible by law.
The variance request is permissible by law.
(2) Practical Difficulties. The applicant for a variance shall establish that there are practical
difficulties in complying with the provisions of the zoning regulations. The term “Practical
Difficulties” as used in the granting of a variance means:
a. Reasonable Use. The property owner proposes to use the property in a reasonable
manner not permitted by the zoning ordinance and;
Kruse Variance
Page 3
3
The property is a vacant parcel and a lot of record. The property owner would like to be
able to build a home on the property. Single family homes are allowed in the Rural
Residential (RR) zoning district.
b. Unique Circumstances. The plight of property owner is due to circumstances unique
to the property not created by the landowner and;
The property is unique because it narrow and sits tightly between Sunset Lake and Ingersoll
Avenue North. The strict enforcement of the ordinance would cause undue hardship
because the property owner would not have a reasonably sized building area for a new
home without the granting of variances.
c. Character of Neighborhood. The variance, if granted, will not alter the essential
character of the neighborhood.
Several homes in the area do not meet the shoreland setback requirements. The building
is proposed to in line with the other homes in the area. The proposed variance requests
would not change the overall character of the area.
It’s in staff opinion that there are practical difficulties in meeting the shoreland setback
requirements. If the applicant were to meet the shoreland setbacks, there would not be a building
area for a home. The proposed building area related to the proposed setbacks will fit in with the
other homes on the neighborhood.
(3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and
intent of this chapter and with the policies of the City’s Comprehensive Plan.
The spirit and intent of the shoreland setback requirement is to keep buildings a reasonable
distance from the lakes. Several homes in the area do not meet the shoreland setback
requirements. The variance requests would not change the overall character of the area,
therefore, would meet the spirit and intent of the ordinance.
(4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use
prohibited in the district.
The construction of a house is allowed in the RR zoning district.
(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood
protection than required by this chapter. The variance shall be determined the minimum
necessary, considering the flood hazard, to afford relief, and the variance shall not be issued
within any designated regulatory floodway if any increase in flood levels during the base flood
discharge would result.
A portion of the property is located within a FEMA designated floodplain. The proposed house
will not be located in this area. The lowest floor of the house is required to be 3 feet above the
floodplain elevation. The proposed lowest floor elevation of the house meets this standard.
Kruse Variance
Page 4
4
At the time of building permit, the building department will review the proposed lowest floor
elevation of the house. The lowest floor shall meet all ground water and floodplain separation
regulations.
(6) Septic and Well Compliance. The sewage treatment system and water system of the subject
property is in compliance with city and state codes.
The applicant is proposing to install a new septic system with the construction of the new house.
The septic system will be installed on a property east of the property. The applicant has acquired
easements for the septic system. Washington County has approved the design and location.
5. CONCLUSION:
It is in staff’s opinion that the applicant meets all requirements necessary to approve the shoreland
and front yard setback variance requests.
6. STAFF RECOMMENDATION:
Staff recommended approval of the variances to allow the following:
1. A building setback to be 21.2 feet from the Ordinary High Water (OHW) mark of Sunset
Lake, where 100 feet is required by ordinance.
2. A building front yard setback to be 19.3 feet from the front property line, where 40 feet is
required by ordinance.
7. BOARD OF ZONING APPEALS AND ADJUSTMENTS RECOMMENDATION:
The Board agreed the requests met the criteria to approve the variances and unanimously
recommended approval of the variances.
ATTACHMENTS:
1. Location Map
2. Resolution for Approval of Shoreland and Front Yard Setback Variance Requests
3. Property Survey
4. Proposed House Elevations
Ingersoll Avenue NorthKruse Variances
Location Map
Hugo, MN
Site
Roads
Hugo Border
Parcel Boundary
¯0 100Feet1 in = 100 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Kruse Variance.mxdSite
RESOLUTION 2022-____
APPROVING A VARIANCE TO ALLOW CONSTRUCTION OF A HOUSE
WITHIN THE SHORELAND AND FRONT YARD SETBACK REQUIREMENT
OF SUNSET LAKE FOR THE PROPERTY GENERALLY LOCATED NORTH
OF 122ND STREET AND WEST OF INGERSOLL AVENUE
WHEREAS, Amanda and Joel Kruse have requested variances to construct a house 21.2
feet from the ordinary high water (OHW) mark of Sunset Lake, where 100 feet is required
by ordinance, and to be 19.3 feet from the front property line, where 40 feet is required by
ordinance, legally described as:
(See attached)
WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed the variance
requests at a duly called public hearing and recommended approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance
requests to construct a house 21.2 feet from the ordinary high water (OHW) mark of Sunset
Lake, where 100 feet is required by ordinance, and to be 19.3 feet from the front property
line, where 40 feet is required by ordinance, with the following findings:
1. The requested variance is from the setback requirement of the ordinance and is
permissible by law.
2. Because of circumstances unique to the property, there are practical difficulties on
meeting the ordinance.
3. The applicant is proposing to use the property in a reasonable manner and
construction of a single family homes house is allowed in the Rural Residential
District.
4. The proposed variance would not noticeably alter the character of the area.
5. The granting of the variance would be in keeping with the spirit and intent of the
ordinance.
6. Single family homes are a permitted use in the Rural Residential District.
7. The variance will not alter that floodplain.
8. The subject property will be served by individual well and septic systems.
9. The proposed building shall meet all zoning and shoreland requirements in the
City Code.
Resolution 2022-____
Page 2
ADOPTED by the City Council this 7th day of February, 2022
_______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
Agenda Number: G.12
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Emily Weber, Community Development Assistant
SUBJECT: Todd Danielson, 17100 Ingersoll Ave: Property line adjustment for
properties located at the northwest corner of Ingersoll Avenue North and
170th Street North.
DATE: January 28, 2022 for the City Council Meeting of February 7, 2022
REVIEW DEADLINE: March 26, 2022
ZONING: Agricultural (AG)
LAND USE: Agricultural (AG)
1. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a property line adjustment for his properties located at
17100 Ingersoll Avenue North. Both properties are zoned and guided as Agricultural and are
35.97 acres and 3.99 acres. The applicant is proposing to adjust the property lines so that the
parcels 27.81 acres and 10.84 acres.
2. ANALYSIS:
Section 90-339 of the City’s Comprehensive Land Use Regulations states that, “where adjacent
property owners desire to adjust their mutual lot line without creating a new parcel or lot of
record, they may request a property line adjustment.” Subd. (2) of this section further states that,
“where the adjustment of the property line between two properties retains or causes both
properties to be in conformance with the City’s Comprehensive Land Use Regulation, the
Zoning Administrator shall provide the application to the City Council for administrative review
and consideration.”
Page 2
Findings
Staff finds that both properties will comply with all applicable regulations in the City Code with
the approval of the property line adjustment. Staff also found that with the proposed property line
adjustment, the applicant will be fixing an existing discrepancy between the legal descriptions of
their property and the neighboring property.
4.RECOMMENDATION:
Staff recommends approval of the attached resolution approving a property line adjustment for
Todd Danielson for properties located at 17100 Ingersoll Avenue North.
Attachments:
1.Location Map
2. Resolution
3. Survey
170th Street North Ingersoll Avenue NorthDanielson PLA 17100 Ingersoll Ave N
Location Map
Hugo, MN
Subject Properties
Roads
Hugo Border
Parcel Boundary
¯0 300Feet1 in = 300 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Danielson PLA.mxdSite
RESOLUTION 2022-XX
APPROVING A PROPERTY LINE ADJUSTMENT FOR TODD DANIELSON
FOR THE PROPERTIES LOCATED AT 17100 INGERSOLL AVENUE NORTH
WHEREAS, an application has been filed by Todd Danielson that requests approval of a
property line adjustment for properties located at 17100 Ingersoll Avenue North
WHEREAS, the proposed lot line adjustment would result in two parcels described as
follows:
(See Attached)
WHEREAS, the City Council has fully considered the request for the property line
adjustment.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUGO, MINNESOTA, that it should and hereby does approve the property line
adjustment for Todd Danielson.
ADOPTED by the City Council this 7th day of February 2022.
________________________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
Agenda Number G.13
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING APPLICATION
STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Emily Weber, Community Development Assistant
SUBJECT: Bald Eagle Sportsmen’s Association (BESA) - Special use permit
review for property located at 6557 125th Street North.
DATE: January 31, 2022 for the City Council Meeting of
February 7, 2022.
1. BACKGROUND AND OVERVIEW:
The Bald Eagle Sportsmen’s Association (BESA) has a SUP to operate a gun club on property
located at 6557 125th Street North. The SUP was originally approved in 2007 and shall be
reviewed prior to December 1st on the even numbered years, or if the SUP is amended or
violated. There have been no changes on the property since the SUP was last reviewed in
December 2018.
2. ANALYSIS:
Staff visited the gun club on January 21, 2022 and saw that the property is generally maintained
and meets the conditions outlined in the SUP. President Dave Arcand and member Al Savage
were there to meet with staff. Staff is not aware of any complaints or violations to the operation
of the Bald Eagle Sportsmen’s Association.
3. STAFF RECOMMENDATION:
Staff recommends renewal of the SUP for the Bald Eagle Sportsmen’s Association. The SUP
shall be reviewed again in two years to ensure BESA continues to meet all city ordinances and
conditions of approval.
Attachments
1. Location Map
2. Recorded SUP
125th Street North
BESA
Location Map
Hugo, MN
Site
Roads
Hugo Border
Parcel Boundary
¯0 400Feet1 in = 400 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2022\BESA revie.mxdSite
Agenda Number
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: M/I Homes Minneapolis/St. Paul, LLC. Final Plat and Development
Agreement for Rice lake Reserve 2nd Addition
DATE: February 1, 2022, for the City Council Meeting of February 7, 2022
1.PROPOSED MOTION:
Move to approve the resolution approving the final plat and development agreement for Rice
Lake Reserve 2nd Addition. Approval of the Final Plat requires a 3/5 vote of the City Council.
2.DESCRIPTION OF REQUEST:
The applicant is requesting approval of a final plat in order to plat 31 lots and 2 outlots on the
parcel located east of Goodview Avenue and north of Egg Lake Road (CSAH 8) as phase two of
the Rice Lake Reserve development.
The City Council reviewed and approved the preliminary plat and PUD for Rice Lake Reserve at
its January 6, 2020, meeting. The final plat for phase two will plat 31 lots from the Rice Lake
Reserve preliminary plat. The lots meet the minimum lot standards and requirements outlined in
the regulations for the Rice Lake Reserve PUD.
The park dedication requirement will be met by fee for a total of $105,500 ($3,400 per unit).
4.RECOMMENDATION:
Staff recommends approval the resolution approving the Final Plat and Development Agreement
for Rice Lake Reserve, subject to review and approval by the City Attorney.
G.14
Rice Lake Reserve 2nd Addition Final Plat and Development Agreement
Page 2
ATTACHMENTS:
a) Location Map
b) Resolution Approving the Final Plat and Development Agreement
c) Engineer’s Memo dated February 1, 2022
d) Draft Development Agreement
e) Final Plat Graphics stamp dated December 22, 2022
f) Final Plat Construction Plans dated October 16, 2020, revised November 10, 2021
Goodview Avenue North132nd Street North
Egg Lake Road North
130th Street North Geneva Avenue North137th Street North
135th Street North
145th Circle North
Hadley Circle NorthGeneva Way Nor
t
hRice Lake Rese rv e
Location Map
Hugo, MN
Roads
Hugo Border
Parcel Boundary
¯0 700Feet1 in = 700 feet Document Path: S:\Mapping\Emily\LocationSite Maps\2019\Rice Lake Reserve.mxdSite
RESOLUTION 2022-____
APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR M/I HOMES
OF MINNEAPOLIS/ST. PAUL, LLC, FOR RICE LAKE RESERVE 2nd ADDITION
WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC, has requested approval of a final plat for
the property legally described as follows:
See Attached
WHEREAS, the Planning Commission has reviewed the preliminary plat and PUD at a duly
called public hearing and recommended approval of the preliminary plat and PUD; and
WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on January
6, 2020.
WHEREAS, the City Council approved the Final Plat for Rice Lake Reserve at its meeting on
November 16, 2020.
NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY
OF HUGO, MINNESOTA, that it should and hereby does approve the request by M/I Homes of
Minneapolis/St. Paul, LLC, for a final plat and development agreement for Rice Lake Reserve
2nd Addition, subject to the following conditions:
1. The final plat is approved to allow the creation of 31 single family lots and 2 outlots, in
accordance with the plans and application received by the City on December 22, 2021,
December 30, 2021, and January 26, 2022, except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on January 6, 2020.
3. Development standards shall comply with Resolution 2020-8 and 2020-9, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer’s memo
dated February 1, 2022, and revisions required in “redlined” comments from the City
Engineer.
5. Outlot use and ownership:
a) Outlot A is is proposed for stormwater management, wetlands, a trail, and common
space for the development. The outlot is unbuildable. The landscaping and amenities
on the outlot will be maintained by the homeowners association The outlot shall be
deeded to the City at the time the plat is recorded.
b) Outlot B is proposed for future phases of the development and will remain in
ownership of the developer.
Resolution 2022-___
Rice Lake Reserve 2nd Addition Final Plat and Development Agreement
6. The developer shall design and install a stormwater re-use system for irrigation of the
individual lots.
7. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re-use system. The
property owners association documents shall be reviewed and approved by staff prior to
recording the plat.
8. The plat shall comply with the City’s street naming system.
9. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
10. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
11. Staff will continue to work with the applicant on the street lighting plan. Exact locations
of the street lights shall be reviewed and approved by staff prior to installation.
12. The developer shall obtain all necessary local, state, and federal permits.
13. The developer shall make contact with adjacent property owners, prior to grading the
property.
14. Prior to recording the final plat:
a) The developer must obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City.
b) The developer shall pay $105,400.00 in full to satisfy the required cash in lieu of
parkland dedication requirement ($3,400/lot).
c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The
City’s SAC and WAC fees will be paid at the time building permits issued.
d) The applicant shall provide copies of the property owners association
documents/covenants for City review and approval. A copy of the document shall be
filed for recording with the final plat.
e) The developer shall enter into a stormwater reuse agreement with the City for the
stormwater reuse system.
f) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
Landscaping and Lighting
g) The final landscape plans must be submitted for review and approval by staff.
Resolution 2022-___
Rice Lake Reserve 2nd Addition Final Plat and Development Agreement
Signage
h) The property owners association shall be responsible for maintenance of all
development signage and landscaping within the outlots and common space.
15. Prior to the issuance of building permits:
a) The applicant shall file the final plat, development agreement and associated
documents with Washington County. Proof of recording shall be provided to the City.
b) The applicant shall submit three full sets of approved final plans to the City.
c) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
16. Prior to the issuance of Certificate of Occupancy:
a) The trail, landscaping, and amenities shall be installed in the outlots.
ADOPTED by the City Council on February 7, 2022.
___________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
C:\Users\rachel.juba\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\O7PY7DSU\019688-000 LTR RJuba-Rice Lake Reserve - Phase 2 FP
020222.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM February 1, 2022
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Final Plat Review
Rice Lake Reserve 2nd Addition
WSB Project No. 019688-000
Dear Ms. Juba:
We have reviewed the final plat submittal for the Rice Lake Reserve 2nd Addition development
located east of Goodview Avenue and north of County Road 8. In particular, we have reviewed
the following plans related to this particular request:
• Rice Lake Reserve 2nd Addition Construction Plans dated 10/16/20 by Carlson McCain
• Rice Lake Reserve 2nd Addition Final Plat by Carlson McCain
• Rice Lake Reserve Final Grading Plan dated 11/10/21 by Carlson McCain
• Rice Lake Reserve Phasing Plan dated 1/25/22 by Carlson McCain
Based on the review of the final plat documents, we offer the following comments related to this
application:
Final Plat
1. The final plat is consistent with the preliminary plat documents.
2. Outlots A and B are appropriately encompassed in drainage and utility easements.
3. Front, side, and rear yard drainage and utility easements are shown. Easements where
storm sewer extends between lots are identified with appropriate widths.
Development Agreement
4. There are a number of development fees outlined within the City’s Fee Schedule that will
become due as part of the final plat. The Development Fees are included in the
Development Agreement.
Grading, Phasing, Street, and Utility Plans
5. Staff is working through remaining comments with Carlson McCain on grading, street and
utility construction plans. We do not expect that any remaining plan changes will have an
impact on the final plat. We will issue the construction plan approvals once the remaining
comments have been resolved.
6. Updated project phasing has been reviewed and the project can be constructed in a manner
that allows street and utility construction to occur without extending into or coming from future
phases.
Ms. Rachel Juba
February 2, 2022
Page 2
7. Water service is proposed to be extended from the Phase 1, 138th Street watermain stub as
well as looping and connecting into the existing Goodview Avenue watermain stub.
8. Sanitary sewer will be extended from the existing Phase 1, 138th Street sanitary sewer stub.
9. Street access will be extended from the 138th Street and Geneva Avenue intersection with
access to Goodview Avenue via Geneva Avenue.
a. Access to Egg Lake Road is proposed to occur in Phase 3.
Stormwater Management
10. The stormwater management requirements for the development were reviewed and
approved with the overall development review. The development is utilizing a stormwater
pond with water reuse to meet rate control and water quality requirements.
11. The stormwater reuse system will be owned and operated by the Homeowners Association,
and the City will have access to the system as needed for monitoring and operation. The
applicant is meeting approximately 80% of the volume reduction requirement by utilizing
water reuse. The remaining volume control requirement is being met using storage provided
in the NURP pond.
12. Comments on the storm sewer plan for the 2nd Addition have been provided to the developer
and should be addressed as the project moves forward.
Wetland
13. The wetland delineation has been previously approved.
14. The applicant has previously provided documentation that they have purchased the
necessary wetland banking credits based on their proposed impacts on the overall site.
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)
Return To:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
DEVELOPMENT AGREEMENT
Rice Lake Reserve 2nd 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 M/I Homes Minneapolis/ St. Paul, LLC, Inc. a
Limited Liability Company, (hereinafter referred to as "Developer").
WITNESS:
Rice Lake Reserve 2nd Addition 2
WHEREAS, the City Council of the City has, by Resolution Number 2020-9 on
January 6, 2020, approved the preliminary plat for a major subdivision as proposed by the
Developer to be known as "Rice Lake Reserve" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2020-8 on
January 6, 2020, approved the PUD general plan for a major subdivision as proposed by the
Developer to be known as " Rice Lake Reserve " ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2022-___ on
February 7, 2022, approved the final plat for a major subdivision as proposed by the Developer to
be known as " Rice Lake Reserve 2nd Addition" (hereinafter referred to as the "Plat"); and,
WHEREAS, the Plat proposed a development of an approximately 35 acre parcel of
land into 31 residential lots and 2 outlots; and,
WHEREAS, it is the policy of the City to enter into development contracts as
contemplated in Minnesota Statutes §462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth their respective rights and
obligations of the parties to this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions contained herein, it is agreed by the parties hereto as follows:
A. GENERAL ENGINEERING CONDITIONS;
1. Escrow for City Costs and Fees. Developer shall, contemporaneously with
the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover
the cost of legal fees, engineering and construction observation fees, administrative expenses, and
other costs related to this Plat.
All fees and costs incurred by the City in connection with the Plat shall be
charged against said escrow account which shall remain in effect until the expiration of the
warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the
responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow
account after the completion of the warranty period shall be refunded to the Developer. In the event
that the escrow account herein is depleted, Developer agrees to post additional funds to replenish
the account and to cover projected City costs. Specifically, Developer agrees that the escrow
account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon
request, to an itemized statement of all costs and fees charged against this escrow account.
Rice Lake Reserve 2nd Addition 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 referred to as the "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
reasonable direction of City staff.
3. Authorization to Proceed with Construction. Developer agrees not to
commence any grading, utility or street work within the Plat until the following are completed:
1) Construction plans are approved by the City and distributed.
2) Pre-construction conference is held.
3) Notice to Proceed is issued.
4. Construction Observation. The City, for its benefit, will provide staff of
its choosing to provide construction observation for the Improvements outlined in this Agreement.
All costs associated with construction observation and inspection will be the responsibility of the
Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for
this work to occur.
5. Miscellaneous Requirements.
a) Property Corners: All property corners as identified on the Plat
must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance,
as defined in paragraph 7 of this Agreement.
b) Drainage Easements: Drainage easements shall be dedicated on
the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high
water levels.
c) Soils Testing: Soils inspection and compaction testing by a
registered professional engineer shall be accomplished on all lots where filling is required, in
accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one
(1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill
that is placed. A summary of all inspections and compaction tests for all developed lots shall be
provided to the City upon completion of the grading and shall be provided for a respective lot prior
to the issuance of a building permit for such lot.
d) Private Utilities: All private utilities that are installed, including
electricity, telephone, natural gas and cable television, shall be installed underground.
e) Mailboxes: Developer shall coordinate mailbox locations with the
Rice Lake Reserve 2nd Addition 4
United States Postal Service.
f) Street Lights: Street lights shall be installed within the Plat
according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer
shall also submit its Street Lighting Plan to the applicable power company for its review, comment
and approval. The installation of the street lights shall be coordinated with the applicable power
company so that the street light system is installed, constructed and operated in such a manner as
will harmoniously exist with other street lights within the area.
g) Working Hours: Construction activity, including equipment
startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays.
h) Street Sweeping: Developer shall sweep and/or otherwise clean all
streets, as needed, within and adjacent to the -Plat as a result of construction activities associated
with the Plat until final acceptance of the Improvements. If the streets are not maintained in a
manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the
street sweeping at Developer’s cost.
i) Placement of Bituminous Wear Course: The bituminous wear
course can be placed on all streets once all of the following have occurred:
1. A Certificate of Occupancy has been issued for at least 75%
of the lots or a cash escrow in the amount of $10,000 has
been deposit with the City which will be held until 75% of
the lots have received Certificates of Occupancy. At the
City’s discretion, the wear course may be placed prior to
having 75% occupancy. If applicable, the warranty period
shall be extended an additional one (1) year for a total of two
(2) years from final acceptance. In no case shall the wear
course be placed with less than 50% occupancy.
2. The base course on all streets has been in place for at least
one full freeze-thaw cycle.
3. City staff or its assignees have visually inspected all
roadways and curb within the Plat, and any repairs necessary
as a result of said inspection are complete and written
approval issued.
6. Project Completion: The Improvements listed herein on Exhibit A, including
street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval
of the City in accordance with the approved plans. All Improvements shall be substantially
completed to the reasonable satisfaction and approval of the City within twelve (12) months of the
execution of this Agreement. Substantial completion shall consist of all work with the exception of
placement of the bituminous wear course and completion of the final punchlist. The Developer
Rice Lake Reserve 2nd Addition 5
shall be excused from the strict completion date set forth herein if written notice is received from
the Developer of the existence of causes over which the Developer has no control which will delay
the completion of the work and approved in writing by the City. In that event, the City may extend
the date or dates herein specified.
7. Project Acceptance: Final project acceptance will be considered by the City
Council once the following have been completed:
(a) All Improvements are installed according to the approved plans.
(b) All punchlist items are completed.
(c) All Record Drawing information has been provided to the City to its
satisfaction.
(d) Escrow account for City costs and fees is current in accordance with the
provisions of this Agreement.
(e) The City receives confirmation via lien waivers that contractors or other
parties have been paid for the work completed.
(f) The City receives a written request from the Developer to accept the
Improvements.
8. Record Drawing Requirements and Engineer’s Certification. Following
completion of all development activities and prior to the release of security and acceptance of
Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the
Improvements listed on Exhibit A. This information shall be provided to the City in the following
formats:
(a) 1-set mylar drawings (22” x 34”) for all Improvements.
(b) 1-set paper drawings (22” x 34”) for all Improvements.
(c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the
final plat.
All Record Drawings shall include the following information:
(a) All bench marks shown on plans (bench marks shall be top nut of hydrants).
(b) Swing ties to all gate valves shown on plans (ties should be to manholes,
catch basins, hydrants or other permanent objects.
(c) Swing ties to curb stops shown on plans (ties should be to manholes, catch
basins, hydrants, property corners or other permanent objects).
(d) Top of casting and invert elevation for all structures.
(e) All pipe sizes, material type, pipe classification, grades and lengths
(f) All horizontal and vertical curve data in the appropriate location on the
plans.
(g) Televised report of the sanitary sewer with videotape.
(h) Swing ties to any manhole or catch basin outside the roadway area.
Rice Lake Reserve 2nd Addition 6
(i) A text file including the x, y and z coordinates (based on Washington
County’s coordinate system) for the following:
1. All curb stops
2. All hydrants
3. All gate valves
4. All manholes located outside of the roadway
9. Construction Warranty and Financing of Improvements. The Developer agrees
to construct the Improvements described herein at its own expense and in accordance with City
specifications. The Developer shall engage at its own expense a registered, professional civil
engineer to prepare plans and specifications for the Improvements and shall submit the same to the
City for review and approval. The Developer represents and warrants that all of the Improvements
made as a part of this development shall be guaranteed to be properly functioning as designed for a
period of not less than one (1) year following acceptance of the entire project by the City. In the
case of any material or labor that is supplied and that is reasonably rejected by the City as defective
or unsuitable, then the rejected materials shall be removed and replaced with approved material,
and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at
the sole cost and expense of the Developer. In any event, none of the warranty periods expressed
herein shall begin to run until all of the Improvements within the Plat have been approved and
accepted by the City.
The Developer’s engineer shall certify that grading within the Plat was completed in
accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues
any building permits. The Developer shall remain ultimately responsible for accurate grading of all
lots and shall correct any deficiencies in grading that may be discovered until the certificate of
occupancy is issued for the applicable lot or the Developer is released from its obligation under this
Agreement as outlined in paragraph 7 above.
10. Signs. The Developer shall prepare a plan for all regulatory, directional and street
name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public
works department. Upon plan approval, the City’s public works department shall install all public
signage within the Plat. The installation of all private signage shall be the responsibility of the
Developer. All costs related to the installation of public signage shall be the responsibility of the
Developer and will be deducted from the Developer’s escrow account. The Developer shall post
funds as outlined in Exhibit C prior to the City’s public works department beginning the
installation.
11. Drainage Easements.
a) Work within Easements: No improvements, landscaping, or grading,
other than Improvements shown on the approved plans, shall be permitted in dedicated drainage
easements without the prior written permission of the City and any regulatory agency having
Rice Lake Reserve 2nd Addition 7
jurisdiction.
b) Maintenance Responsibilities: The Developer and its successors in
interest, including all individual homeowners, shall be responsible for routine maintenance of all
storm water management ponds, wetlands, and drainage areas within easements dedicated to the
City on their property. Routine maintenance shall include litter removal, mowing and maintenance
of the property adjacent to pond or wetland areas. In the case of drainage swales, routine
maintenance includes the removal of obstructions from the swale as necessary to maintain proper
drainage in addition to the aforementioned items. The City shall be responsible for non-routine
maintenance of storm water ponds within the easements, including pond dredging, maintenance of
the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such
maintenance shall be completed as deemed necessary by the City.
12. Wetland Signage: Permanent signage shall be placed along wetland edges as
outlined in the City’s General Specification and Standard Details Manual or approved equal by the
City.
13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section
90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan,
or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive.
Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of
the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood
elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject
property. Additionally, the lowest floor elevation shall be specifically referenced and designated,
for each lot, on a certificate of survey, which survey shall be provided to the City before any
building permits are issued for any lots within the Plat.
14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance
with the approved landscape plans, the City ordinances, and the City’s General Specification and
Standard Details Manual. All landscaping shall be complete, established and growing within sixty
(60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is
issued between the dates of October 1 and May 1, then the landscaping required herein shall be
complete, established and growing no later than July 1. All front yards, side yards and back yards
shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in
order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no
more than 35% sand. Unless specific arrangements are made and agreed to by the City, all
landscaping installed within the Plat shall be maintained by the Developer and its successors,
including all individual homeowners or the homeowners association which is required to be formed
by the Developer pursuant to the agreement.
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
Rice Lake Reserve 2nd Addition 8
Engineer. Seeding shall be completed as follows:
a) All areas shall be restored with a minimum of four (4) inches of adequate
topsoil prior to seeding.
b) Upland areas shall be seeded in accordance with the grading, drainage, and
landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per
acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All
mulch shall be disk anchored.
c) Wetlands, wetland replacement areas and storm water ponding areas shall be
seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The
minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the
supplier.
d) All seeded areas shall be maintained for the term of this Agreement. Upland
areas shall be mowed as necessary or as directed by the City Engineer.
e) All disturbed areas within the development shall be maintained to limit
vegetation growth to less than ten (10) inches except designated natural areas or designated open
spaces as shown on the approved plans.
15. Safe Rooms. The Developer shall require all builders to offer a safe room as an
option to any and all potential homebuyers. All safe rooms offered and built within the City
must meet or exceed FEMA requirements and standards.
B. ESCROWS, CHARGES AND UTILITY OVERSIZING:
Developer shall pay the escrows, fees and charges listed on Exhibit C.
C. SPECIAL PLANNING REQUIREMENTS:
The Plat shall be built and maintained in accordance with the planning requirements
listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto.
D. ADMINISTRATIVE REQUIREMENTS:
1. Miscellaneous Provisions. Developer specifically understands that this Plat
approval is given subject to the following requirements:
a) Expiration. The final plat documents for the Plat, which is the first
phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one
hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the
Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60)
days of the City Council motion giving final plat approval, unless such deadline is extended by the
Rice Lake Reserve 2nd Addition 9
City Council in its sole discretion, or else said approval shall be null and void. All fees relating to
this subdivision shall be paid by the Developer, including the cost of recording documents with
Washington County.
b) Recording. The Developer shall record this Agreement with
Washington County simultaneous with the recording of the Plat, and shall forward confirmation of
recording of the Plat and this Agreement to the City prior to the issuance of building permits. All
applicable conditions of Plat approval must be met before any deeds are stamped for recording and
prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall
be contingent upon compliance with the approved plans for the Improvements and upon
compliance with this Agreement.
c) Model Homes. In the event that site grading is approved by the City
prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat,
the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut
existing streets or roadways, subject to final approval by the City. No model homes may be
constructed or utilized until at least one (1) lift of bituminous has been installed from said model
home lot providing access to a public street or roadway outside of the Plat. No certificate of
occupancy shall be issued for any model or other home until all necessary public improvements and
utilities have been installed and the utilities have been successfully tested. Prior to this, and at the
time that a model home passes final inspection, a model home may only be used by Developer’s,
authorized builders, staff or realtors for purposes of showing the models to potential buyers. No
model home may be used until landscaping conforming to City ordinance and paragraph 14 of this
Agreement has been installed 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.
d) Sales Trailers. The Developer may be entitled to a maximum of
one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development
for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales
trailer may be approved by the City Community Development Director prior to the first model
home being available for showing. The trailer is subject to the issuance of a building permit, shall
meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain
sufficient parking for the size of the office, and shall have safe and suitable access to a paved,
public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days
following the date that a model home passes final inspection.
e) Deviations. No material deviations from the approved Plat shall be
allowed unless approved in writing by the City. Approval herein is also given subject to full
compliance with the conditions of approval and findings adopted by the City Council in connection
with the approval of the development.
Rice Lake Reserve 2nd Addition 10
f) Certificates of Survey. A certificate of survey shall be provided to
the City Building Inspector for each lot at the time a building permit is requested for the lot.
Attached to the certificate of survey shall be an erosion control plan for the lot showing location and
type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan
shall be submitted for each home site.
g) Outhouses. The Developer shall provide on-site a sufficient number
of portable outhouses to be available for the persons who will be working on-site until
Improvements are accepted according to the plans in Exhibit A.
h) Property Owners Association. When required as a condition of
approval outlined in Exhibit B, the Developer agrees to form a property owners association,
membership in which shall be mandatory for all of the lots within this development. The property
owners association shall be responsible for maintenance and repair of all common elements as
listed in the property owners association documents within this development and the same shall be
maintained in good condition in accordance with all City ordinances and reasonable directions of
the City. Developer agrees to provide a copy of the property owners association documents to the
City prior to the recording of the final plat. In the event of failure or refusal of any property owners
association to so maintain or repair the common elements then the City may, with seven days
written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the
work and assess each of the lots within the plat for the cost of the work.
i) Intentionally deleted
j) The property owners association documents shall advise owners of
all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT,
INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A
DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE
AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER.
k) Developer acknowledges that a separate development agreement will
be entered into at the time of final plat approval of subsequent phases in the development. That
development agreement will address, among other things, necessary improvements to be made,
financial guarantees to be provided, and the amount of the development fees to be paid by the
Developer.
l) Developer shall remove all tree waste, junk, miscellaneous debris,
junk vehicles, and any other personal property from the Plat which does not comply with the City
Zoning Ordinance until final acceptance of the Improvements.
E. DAMAGES AND DEFAULT:
Rice Lake Reserve 2nd Addition 11
1. Developer agrees to pay liquidated damages to the City if any lot has a real
estate closing occur before all public improvements within the Plat are certified as being
substantially completed by the City. Specifically, Developer agrees to immediately pay to the City
liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which
occurs in violation of this paragraph. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City. Model Homes are exempt from this section.
2. Developer agrees to pay liquidated damages to the City, in the amount of
Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or
utility easement not permitted on the plans without first obtaining a written permit from the City
expressly authorizing said encroachment. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City.
3. Events of Default.
a) Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in
this Agreement, any one or more of the following events:
1. Subject to unavoidable delays, failure by Developer to commence
and complete construction of the Improvements pursuant to the
terms, conditions and limitations of this Agreement.
2. Failure by Developer to substantially observe or perform any
material covenant, condition, obligation or agreement on their part to
be observed or performed under this Agreement.
b) Remedies on Default. Whenever any Event of Default occurs, the
City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or
otherwise by written, executed instrument of the City, may take any one or more of the following:
1. The City may suspend its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City,
that Developer will cure their default and continue their
performance under the Agreement. Suspension of performance
includes the right of the City to withhold permits including, but not
limited to, building permits.
2. The City may initiate such action, including legal or administrative
action, as is necessary for the City to secure performance of any
Rice Lake Reserve 2nd Addition 12
provision of this Agreement or recover any amounts due under this
Agreement from Developer, or immediately draw on the financial
Letter of Credit, as set forth in this Agreement.
4. Enforcement by City; Damages. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. The Developer also
acknowledges that its failure to perform any or all of their obligations under this Agreement may
result in substantial damages to the City; that in the event of default by the Developer, the City may
commence legal action to recover all damages, losses and expenses sustained by the City; and that
such expenses may include, but are not limited to, the reasonable fees of legal counsel employed
with respect to the enforcement of this Agreement.
F. THIS AGREEMENT:
1. Release of Agreement. This Agreement shall run with the land and may be
recorded against the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer’s request the City will execute and deliver to the Developer
a release.
2. Warranty of Title. Developer warrants and represents to the City that it is
the fee owner of the land described herein, except for a portion of the property, and that it has
authority to execute this Agreement, with consent from the other fee owner, and agree to the
conditions hereof and to subject the land hereto. Developer also represents and warrants that the
use for which this development is sought will not violate any restrictive covenants applying to the
property.
3. Binding Effect. This Agreement shall be deemed to be a restrictive
covenant and the terms and conditions hereof shall run with the land described herein and be
binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and
shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference herein to the Developers, if there be more than one,
shall mean each and all of them.
This Agreement shall be placed of record so as to give notice hereof to
subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against
the escrow account.
4. Restrictions on Transfer/Indemnification. Developer agrees to defend
and hold the City, and its officials, employees and agents, harmless against any and all claims,
demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable
attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in
Rice Lake Reserve 2nd Addition 13
connection with the Project. No transfer or assignment of this Agreement shall be made without
City approval and any assignment or transfer without such approval shall be void.
5. Incorporation by Reference. All general and special conditions, plans,
special provisions, proposals, specifications and contracts for the Plat and for any Improvements
furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
6. Developer will comply with and promptly perform all of its obligations
under this Agreement.
7. Evidence of Title. Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an attorneys title opinion or title insurance
commitment dated not earlier than thirty (30) days prior to the execution of the Plat.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
Rice Lake Reserve 2nd Addition 14
City of Hugo
By________________________________ By__________________________________
Tom Weidt, Mayor Michele Lindau, Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 20__, before me, a Notary Public,
personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a
Minnesota municipality within the State of Minnesota, and that said instrument was signed on
behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt
and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo.
__________________________________________
Notary Public
Rice Lake Reserve 2nd Addition 15
Developer
M/I Homes Minneapolis/St. Paul, LLC
By________________________________
________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss. (Corporate Notary)
COUNTY OF WASHINGTON)
On this _____ day of _________________, 20__, before me, a Notary Public,
within and for said County and State, personally appeared ___________________, to me
personally known, who, by me duly sworn did say that they are the _________________ of
____________________________, a Minnesota _____________________, on behalf of said
____________________.
__________________________________________
Notary Public
DRAFTED BY:
David K. Snyder
Johnson & Turner
56 East Broadway Avenue #206
Forest Lake, MN 55025
Rice Lake Reserve 2nd Addition 16
EXHIBIT A
LIST OF DEVELOPMENT PLANS
Sheet No. Plan Date Author
1 Sanitary Sewer, Watermain,
Stormsewer and Street
Construction Plans – Cover
Dates to be updated when
planned are approved.
Carlson McCain
2 Index Carlson McCain
3-4 Sanitary Sewer and Water Main
Carlson McCain
5-6 Storm Sewer Carlson McCain
7-8 Street Construction Carlson McCain
9-14 Detail Carlson McCain
1 Grading, Development and
Erosion Control Plans – Cover
Carlson McCain
2-4 Grading, Development and
Erosion Control Plans
Carlson McCain
5-6 Details Carlson McCain
L1 and L2 Preliminary Landscape Plan October 22, 2019, revised
October 16, 2020
Carlson McCain
Rice Lake Reserve 2nd Addition 17
EXHIBIT B
APPROVAL CONDITIONS
1. The final plat is approved to allow the creation of 31 single family lots and 2 outlots, in
accordance with the plans and application received by the City on December 22, 2021,
December 30, 2021, and January 26, 2022, except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on January 6, 2020.
3. Development standards shall comply with Resolution 2020-8 and 2020-9, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer’s memo
dated February 1, 2022, and revisions required in “redlined” comments from the City
Engineer.
5. Outlot use and ownership:
a) Outlot A is is proposed for stormwater management, wetlands, a trail, and common
space for the development. The outlot is unbuildable. The landscaping and amenities
on the outlot will be maintained by the homeowners association The outlot shall be
deeded to the City at the time the plat is recorded.
b) Outlot B is proposed for future phases of the development and will remain in
ownership of the developer.
6. The developer shall design and install a stormwater re-use system for irrigation of the
individual lots.
7. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re-use system. The
property owners association documents shall be reviewed and approved by staff prior to
recording the plat.
8. The plat shall comply with the City’s street naming system.
Rice Lake Reserve 2nd Addition 18
9. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
10. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
11. Staff will continue to work with the applicant on the street lighting plan. Exact locations
of the street lights shall be reviewed and approved by staff prior to installation.
12. The developer shall obtain all necessary local, state, and federal permits.
13. The developer shall make contact with adjacent property owners, prior to grading the
property.
14. Prior to recording the final plat:
a) The developer must obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City.
b) The developer shall pay $105,400.00 in full to satisfy the required cash in lieu of
parkland dedication requirement ($3,400/lot).
c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The
City’s SAC and WAC fees will be paid at the time building permits issued.
d) The applicant shall provide copies of the property owners association
documents/covenants for City review and approval. A copy of the document shall be
filed for recording with the final plat.
e) The developer shall enter into a stormwater reuse agreement with the City for the
stormwater reuse system.
f) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
Rice Lake Reserve 2nd Addition 19
Landscaping and Lighting
g) The final landscape plans must be submitted for review and approval by staff.
Signage
h) The property owners association shall be responsible for maintenance of all
development signage and landscaping within the outlots and common space.
15. Prior to the issuance of building permits:
a) The applicant shall file the final plat, development agreement and associated
documents with Washington County. Proof of recording shall be provided to the City.
b) The applicant shall submit three full sets of approved final plans to the City.
c) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
16. Prior to the issuance of Certificate of Occupancy:
a) The trail, landscaping, and amenities shall be installed in the outlots.
Rice Lake Reserve 2nd Addition 20
EXHIBIT C
ESCROWS, FEES AND CHARGES
a) Escrow for City Costs and Fees. The Developer shall deposit
sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the
account is calculated at $31,458.00. This sum is calculated to be four percent (4%) of the estimate
of the required Improvements to be installed to serve the development, plus $5,000 which is the
minimum balance required in the account.
b) Cash Escrow or Letter of Credit. The Developer shall provide a
financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal
to one hundred twenty-five percent (125%) of the estimated amount of the required Improvements.
This amount has been calculated by the City Engineer to be $826,810. This amount may be
reduced upon request of the Developer and approved by the City. At no point shall the Letter of
Credit be reduced below ten percent (10%) of the original amount. The City shall have the right to
retain the financial guarantee until the Improvements have been completed to the satisfaction of the
City and the warranty period has expired.
c) Storm Water Trunk Fee. The Developer shall pay the City a Storm
Water Trunk Fee in the amount of $22,382. This sum is calculated to be $0.07 per square foot for
the 319,730 square feet of net developable area within the Plat. This fee shall be paid before the Plat
is signed by the City.
d) Storm Water Ponding Fee. The storm water ponding requirement has
been met by the Developer through the incorporation of on-site ponding. No storm water ponding
fee will be applied.
e) Snow Plowing. The Developer agrees to pay a one-time lump sum
cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first
snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The
Developer shall post a cash escrow with the City in the amount of $323.00.
g) Street Maintenance. The Developer shall post a one-time lump sum
cash escrow with the City in the amount of $2,580 to cover the cost of the first street maintenance
the streets in the Plat. This sum is calculated to be $4.00 per foot for the 645 feet of streets within
the Plat.
h) Park Dedication. The Developer agrees to pay a park dedication fee
of $3,400 per lot for residential development payable before the final plat is signed by the City.
Rice Lake Reserve 2nd Addition 21
Said fee shall be due for each of the 31 lots within the Plat (i.e. total due $105,400).
i) Cul-de-sac Escrow. N/A
j) Escrow for Street Signage. N/A
k) WCA Escrow. N/A
l) Sanitary Sewer Trunk Fee. The Developer shall pay the City a sanitary
sewer trunk fee in the amount of $50,592.00. This sum is calculated to be $1,632 per lot for the 31
residential lots within this phase.
m) Water Trunk Fee. The Developer shall pay the City water trunk fee in the
amount of $36,456. This sum is calculated to be $1,960 per lot, with credit provided for the
stormwater reuse/irrigation system based on the anticipated reduction in water demand. The
reduction is calculated at 40%, resulting in a trunk water fee amount of $1,176 per lot. The total is
based on the reduced per unit fee applied to the 31 lots in the plat.
Rice Lake Reserve 2nd Addition 22
EXHIBT D
IRREVOCABLE LETTER OF CREDIT
No._______________
Date: ______________
TO: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Sir or Madam:
We hereby issue, for the account of __________________________, and in your favor, our
Irrevocable Letter of Credit in the amount of $________________, available to you by your draft
drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated
________________, 200__, of _________________”;
b) Be signed by the City Administrator; and,
c) Be presented for payment at ____________________________________________
on or before 4:00 p.m. on _______________________, _____.
This Letter of Credit shall automatically renew for successive one (1) year terms unless, at
least forty-five (45) days prior to the next annual renewal date (which shall be _________________
of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the
terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail,
postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual
renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue
North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days
prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified or limited by reference to any document, instrument or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
Rice Lake Reserve 2nd Addition 23
one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
By:
Its
Rice Lake Reserve 2nd Addition 24
EXHIBIT E
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
INSURED:
ADDITIONAL INSURED: City of Hugo
AGENT:
WORKERS’ COMPENSATION:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
COVERAGE – Workers’ Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
( ) Claims Made ( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
Rice Lake Reserve 2nd Addition 25
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination of Single Limit Policy $1,000,000 ore more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.:
Effective Date: Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Rice Lake Reserve 2nd Addition 26
Bodily Injury:
$500,000 each person $1,000,000 each occurrence
Property Damage:
$500,000 each person
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE
ON ANY OF THE ABOVE COVERAGES:
If so, list: Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS
WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
on
BY:
Authorized Insurance Representative
Rice Lake Reserve 2nd Addition 27
EXHIBIT F
Mortgage Consent
RICE LAKE RESERVE 2ND ADDITIONENGINEERINGSURVEYINGENVIRONMENTALGOODVIEW AVENUE NORTH
VICINITY MAPSITEOF 2 SHEETS)(SEE SHEET 2INSET A138TH STREET N.
RICE LAKE RESERVE 2ND ADDITIONENGINEERINGSURVEYINGENVIRONMENTALVICINITY MAPSITE138THSTREETNORTHINSET A
PHASE IPHASE IPHASE IPHASE II1 S T A D D I T I O N1 S T A D D I T I O N2 N DA D D I T I O NNo. 8015COVERKnow what'sbelow.before you dig.CallR WETLAND FILL SUMMARY 1G H
O
S TP L A TG H O S TP L A TRice Lake Reservegrading, development &erosion control plansHugo, MinnesotaM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:11/15/21environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK VICINITY MAP SITE
PHASE IPHASE IPHASE II1 S T
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N1 S T A D D I T I O NNo. 8015GRADING, DEVELOPMENT& EROSION CONTROL PLAN2M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:11/15/21environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK2 N
DA D
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I
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PHASE IPHASE IPHASE II1 S T A D D I T I O N2 N DA D D I T I O NNo. 8015GRADING, DEVELOPMENT& EROSION CONTROL PLAN3M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:11/15/21environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK
PHASE IPHASE INo. 8015G H O S TP L A TGRADING, DEVELOPMENT& EROSION CONTROL PLAN4M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:11/15/21environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK2 N DA D D I T I O N
No. 8015DETAILSFRAMECURBFRAMEM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_details.dwgSave Date:12/04/20environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK5
No. 8015DETAILSM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_details.dwgSave Date:12/04/20environmentalengineeringsurveying···6Revisions:1. 12/04/20 - per City Comments2.06/02/21 - Monument Sign3.11/10/21 - per 2nd AdditionPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK6
Rice Lake ReserveHugo, MinnesotaKnow what'sbelow.before you dig.CallRPHASING PLAN1 VICINITY MAP SITEKROofof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\8015_phasing_exhibit.dwgSave Date:01/25/22environmentalengineeringsurveying···1Revisions:1. 12/4/19 Revised Trail and Sidewalk Layout, and Addition of LotsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/22/1910/22/19Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, Minnesota 55416RICE LAKE RESERVEHugo, Minnesota2. 2/17/20 Revised per City Comments3+$6(,3+$6(,,3+$6(,,,3. 3/30/20 Update Street Names4. 10/16/20 Add Lot 1, Block 1 per Owner5. 1/25/22 Revise per 2nd Addition
CITY OF HUGO
CITY COUNCIL AGENDA REPORT
TO: Bryan Bear, City Administrator
FROM: Scott Anderson, Public Works Director
SUBJECT: Construction Payment Request #16
Hugo Public Works Facility
Ebert Construction
DATE: For the City Council Meeting of February 7, 2022
BACKGROUND
Please find the enclosed application for payment for the City of Hugo Public Works
Facility project in the amount of $435,367.57. 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 January 2022, with a 5%
retainage applied. Total retainage being held for the project to date is $454,792.79.
DESIRED ACTION
Staff recommends the City Council approve payment request #16 in the amount of
$435,367.57 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 #8
Hugo Public Works Salt and Materials Storage Building
Ebert Construction
DATE: For the City Council Meeting of February 7, 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 $4,408.00. 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 $32,860.03.
DESIRED ACTION
Staff recommends the City Council approve payment request #8 in the amount of
$4,408.00 to Ebert Construction for the construction of the City of Hugo Public Works
salt and materials storage building.
01/24/2022
CITY OF HUGO
PARKS COMMISSION REPORT
TO: Bryan Bear, City Administrator
FROM: Shayla Denaway, Parks Planner
SUBJECT: Construction Payment Request #6
Lions Park Pavilion
Schreiber Mullaney Construction
DATE: February 3, 2022 for the City Council meeting of February 7, 2022
1. BACKGROUND:
Please find the enclosed application for payment for the City of Hugo Lions Park
Pavilion in the amount of $317,269.68. The quantities completed to date have been
reviewed and agreed upon by the architect, contractor and city staff.
This pay request includes a change order in the amount of $15,474.86 for construction of
LED site wall lights and an additional foundation wall. The revised contract amount is
$3,100,457.67 and is within the contingency estimate.
This is the sixth payment request and the amount indicated above reflects the work
certified through January 26, 2022. A 5% retainage is applied and the total retainage
being held for the project to date $64,067.85.
2. RECOMMENDATION:
Staff recommends the City Council approve payment request #6 in the amount of
$317,269.68 to Schreiber Mullaney Construction.
02-2-2022
2022 City Council Focus Goals
•Evaluate water reuse projects and study their effectiveness on water conservation.
•Address impacts of the White Bear Lake Lawsuit Court Order
•Continue to promote conservation practices through education and incentives
•Be a leader in regional activities related to water resource management
•Strive for City‐wide self‐reliance on water
Conservation
Efforts
•Work with developers of the Egg Lake property on Hwy 61
•Continue working on programs to encourage new businesses and expansions
•Strengthen partnerships with Washington County, HBA, and marketing entities
•Seek infrastructure improvements to promote economic development
•Evaluate costs and benefits of street and utility improvements near 165th Street
Economic
Development
•Update shoreland, subdivision, and PUD sections of the code
•Construct north City entrance sign
•Review design guidelines for commercial and industrial development
•Discuss area planning near 165th Street and Highway 61
Community
Development
•Complete construction of new Public Works facility
•Reconstruct Oneka Parkway
•Complete ongoing maintenance activities on JD2 and JD3.
•Participate in study of Hwy 61 expansion with MnDOT and Washington County
Infrastructure
•Complete construction of Lions Park
•Develop plan for management of Lions Park Pavilion and other city facilities
•Begin planning for Oneka Lake park property
•Work with White Bear School District on extension of trails to new facility
Parks Projects
•Evaluate staff needs of the Fire Department including a full time fire chief
•Conduct regular evaluations of emergency services
•Target recruitment efforts toward daytime firefighters
•Evaluate staffing needs of the Washington County Sheriff's Department
Public Safety
•Evaluate organizational structure of the Public Works Department
•Determine future of Hopkins Schoolhouse
•Hire intern for administrative assistance/social media management
•Revamp City website
•Prepare plan for use of ARPA funds
•Create policy for use of community rooms and security cameras
Administration
2022 Ongoing Priorities
•Continue to provide training and education opportunities
•Continue firefighter recruitment and retention
•Continue internship program
•Recruit qualified citizens for commissions
•Provide adequate resources and technology
•Monitor development activity and adjust staffing levels
Maintain Quality
Staff
•Hold joint workshops with each Commission/Board
•Continue training new Commissioners and Council Members
•Continue to promote leadership within the Commissions/Boards
Work
Collaboratively
with
Commissioners
•Develop long‐term strategies for industrial development
•Proceed with street reconstruction program
•Share services with neighboring communities
•Manage growth responsibly
Build a Diverse
and Stable Tax
Base
•Provide transparency by keeping up‐to‐date postings in newsletters,
website, and cable bulletin board
•Maintain relationships with HBA, Senior's Club, Lions Club, American
Legion, Food Shelf, YRN, recreational and other civic organizations
•Continue annual citywide bus tour
•Expand social networking where possible
•Continue open meetings with residents
Continue
Community
Outreach Efforts
•Keep apprised of legislative issues that impact budgeting
•Remain involved in LMC and Metro Cities activities
•Work with Greater MSP and other regional entities
Maintain
Legislative
Relationships
•Continue discussions with school districts, counties, watershed districts,
neighboring municipalities and other local and state agencies on regional
issues
•Review police protection services annually
Build and
Maintain
Regional
Partnerships
February 3, 2022
Honorable Mayor and City Council
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: 2022-2026 Capital Improvement Plan
Authorization to Prepare Plans and Specifications
City of Hugo, MN
WSB Project No. 019718-000
Dear Mayor and Council,
Each year the City reviews and assesses priorities for upcoming capital improvement projects
throughout the City. Staff has reviewed recent road rating data completed in 2021 and has
developed an updated 5-year Capital Improvements Plan for your consideration. Attached is the
map highlighting the proposed capital improvements as well as the associated costs for years
2022-2026. We have worked closely with Finance Director Wobse, to confirm that the plan as
outlined is economically feasible and fits with long term financial planning.
Staff recommends approval of the 2022-2026 Capital Improvement Plan.
If you have any questions or items you wish to discuss, you can contact me at 651-286-8463.
Sincerely,
WSB & Associates, Inc.
Mark Erichson, PE
City Engineer
Attachment
cc: Bryan Bear, City Administrator, City of Hugo
Scott Anderson, Public Works Director, City of Hugo
Liz Finnegan, Senior Engineering Technician, City of Hugo
Anna Wobse, Finance Director, City of Hugo
Year Project/Road (description) Improvement Type Project Cost* Total Project Cost* Year2022 140th Street Extension New Construction $420,7002022 Oneka Parkway Reconstruction; Mill & Overlay - Urban $2,199,7002022 CSAH 8 & Oneka Parkway Signal Construction $200,0002022 Hugo Monument Sign New Construction $100,0002023Birch Tree Ponds (Fountain Ave, Foxhill Ave, 138th St, Freeland Ave, Freeland Ct, Geneva Ave, 135th St, 135th Ct)Full Bit Removal - Urban $1,779,300$1,779,30020232024 Heather Ave, Upper Heather Ave Full Reconstruction - Rural to Urban $1,698,6002024 Ingersoll Avenue Reclamation - Rural $483,4002024 Janero Ave, 125th St, 125th St Cir, 125th Ct Reclamation - Rural $482,5002025 130th St, Farnham Ave Full Reconstruction - Urban $902,1002025 130th Street Trail New Construction $125,0002025 Falcon Avenue Reclamation - Rural $420,4002025Beaver Ponds (Fiona Rd, 129th St, Ferrara Ave, Flay Rd, Fondant Trail)Mill & Overlay $436,3002025 Fenway Blvd, 140th St Mill & Overlay $703,1002025 Goodview Ave Mill & Overlay $236,8002026 125th Street Reclamation - Rural $1,427,1002026 Irish Avenue, 130th St Reclamation - Rural $685,500TOTAL $12,300,500* Project costs not adjusted for inflation20222024202520262022- 2026 Capital Improvement PlanCity of Hugo, MN$2,112,600$2,823,700$2,664,500$2,920,400
!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!ELMCRESTAVENFARNHAMAVEN159THSTN
PRAIRIE TRL N149TH STNEVERTON AVE NFRENCHMAN RD
141ST ST NELMCREST AVE N152ND ST NFOREST BLVD N170TH ST N
HER IT A G E P KWYN
FABLEHILLPKWYN EDUCATIONDRN1 3 6TH STN
12 5TH ST N 145THCIRNFINALE AVE NVALJEAN BLVD NVICTO R P A T H FOXHILL AVE N150TH ST N
EUROPATRLNGOODVI
EWAVENELMCRESTAVEN140TH ST N
1 4 5TH STN
138TH ST N
146TH ST N
128TH ST NONEKA PKWYG
E
N
EVAAVEN124THSTN
145TH ST N
126T H S T N 157THW A YNEMPRE S S W AYN120TH ST NETHAN TRL N120TH ST NFONDANTTRLNGOODVIEW AVE N158THSTN
165TH ST N
FARNHAM AVE NONEKA PKWY NELMCREST AVE N140TH ST N
130TH ST N
ETHANAVENFARNHAMAVEN1 4 8 T H S T N
VICTORHUGOBLVDNJANEROAVENO
N
E
K
A
P
K
W
Y
FALCON AVE N147TH ST N
GENEVAAVENFENWAY AVE NELMCREST AVE N1 2 9 T H D R N
1 5 7 THSTN
IRISH AVE N120TH ST N
147TH ST N
FIONA AVE N147TH ST N
152ND ST N
180TH ST N
147TH ST N
135TH ST N
125TH ST N
HEATHERAVEN130TH ST NFORESTBLVDN150TH ST NI
SLETONAVENINGERSOLL AVE NIRISHAVENFLAY
AV
E
N
132ND S T N
EGG LAKE RD N
121ST ST N
FRENCHMANRD
EUROPA AVE N121ST ST N HILO AVE NFOXHILL AVE N155TH ST N
180TH ST N
ROSEMARYWAY
HENNA AVE N1 2 2 N D S T NFENWAYBLVDN 126THSTNILLIESAVEN180TH ST N
INWOOD AVE NHENNA AVE N157TH ST N
180TH ST N 180TH ST N
FENWAY AVE NFOREST RD N130TH ST N
175TH ST N
FIO
NA RD N INGERSOLLAVENHOMESTEADDRNUPPERHEATHERAV E N170TH ST N
HARROW AVE NHYDEAVEN177TH ST N
137TH ST N HOMESTEAD AVE NONEKALAKEBLVDNJEFFREY AVE NBaldEagle Lake
Sunset Lake
Long Lake
Rice LakeEggLake
Oneka Lake
HorseshoeLake
RoundLake
Project Year and Project Type
2022, Full Reconstruction
2022, Mill & Overlay
2023, Full Bit Removal
2024, Full Reconstruction
!!2024, Reclaim and Pave
2025, Full Reconstruction
2025, Mill & Overlay
!!2025, Reclaim and Pave
!!2026, Reclaim and Pave
0 3,500Feet¯Project Location Map5 Year CIPHugo, MN Document Path: K:\017062-000\GIS\Maps\Hugo_5YearCIP.mxd Date Saved: 12/14/2021 2:19:38 PM1 inch = 3,500 feet
Roads to watch:
- Heritage Pkwy- Elmcrest (Jardin to Tart Lake Rd)- Homestead (north of CR8)- Duck Pass- Europa (Ethan to Fable Hill Bridge)- Victor Hugo Blvd- Henna (north of CR4)
February 3, 2022
Honorable Mayor and City Council
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: 140th Street Extension
Authorization to Prepare Plans and Specifications
City of Hugo, MN
WSB Project No. 019520-000
Dear Mayor and Council,
At its January 3, 2022 meeting the City Council approved the site plan, conditional use permit,
and development and assessment agreement for the seventh building in the Schwieters campus
development. The approval included the extension of 140th Street being added to the City Streets
Capital Improvement Plan (CIP).
Funding for the project will be provided through assessing 50% of the total surface and storm
sewer improvements to the benefiting property with the City funding the remaining 50%. 100% of
the watermain improvements will be assessed to the benefiting property with the City covering the
cost of upsizing the pipe to 12” for future development. The developer has signed the assessment
agreement that will be payable over a 5-year period starting in 2023. The estimated costs and
proposed funding is outlined below.
140th Street Extension
City of Hugo, MN
Project Costs / Funding
Improvements Total City Assessment
Schedule A. Surface Improvements $275,600 $137,800 $137,800
Schedule B. Watermain Improvements* $86,100 $16,800 $69,300
Schedule C. Storm Sewer Improvements $59,000 $29,500 $29,500
Total Improvements $420,700 $184,100 $236,600
* Schedule B deduction for 8" to 12" pipe upsizing of $16,800 in Development cost
Staff recommends approval of the resolution ordering the project and authorizing the preparation
of plans and specifications for the 140th Street Extension.
If you have any questions or items you wish to discuss, you can contact me at 651-286-8463.
Sincerely,
WSB & Associates, Inc.
Honorable Mayor and City Council
February 3, 2022
Page 2
Mark Erichson, PE
City Engineer
Attachment
cc: Bryan Bear, City Administrator, City of Hugo
Scott Anderson, Public Works Director, City of Hugo
Liz Finnegan, Senior Engineering Technician, City of Hugo
S:\Office_SHARED\Resolutions\2022 Resolutions\RSLTN-OrderImprovements-020322.docx
RESOLUTION NO. ______
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
A RESOLUTION ORDERING THE PROJECT AND
AUTHORIZING THE PREPARATION OF PLANS AND SPECIFICATIONS FOR THE
140TH STREET EXTENSION
WHEREAS, pursuant to resolution of the Council adopted January 3, 2022, approval of the site design,
conditional use permit, and development and assessment agreement for the seventh building in the
Schwieters campus development was granted; and
WHEREAS, it is proposed to construct the new section of 140th Street from XXX to XXX.
NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF HUGO:
1. Such improvement is hereby ordered as proposed in this Council resolution adopted February 7,
2022.
2. The City Council shall authorize WSB to prepare plans and specifications of said improvements.
This resolution was adopted by the City Council of the City of Hugo on the 7th day of February, 2022,
by a vote of Ayes and Nays.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
CITY OF HUGO PRESENTS
SLEDDING
PARTY
2022!
Bring your sled
and your friends!
Warm up by the bonfire
with hot chocolate!
Saturday ,February 26
Oak Shore Park
12790 Exhall Ave
10 am -noon
Updates will be posted on
facebook as this event is dependent
on snow conditions and we
a ther .
12/2/2022 1:19 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 Council7:30am HBA Breakfast (Blue Heron)6:30pm 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 Comm10:00am Sledding Party (Oak Shore Park)2728Mar 12345SUNDAY MONDAY TUESDAYWEDNESDAY THURSDAY FRIDAY SATURDAY
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