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HomeMy WebLinkAbout2022.09.19 CC Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. August 31, 2022, Midyear Budget Workshop 2. September 6, 2022, City Council Meeting 3. September 7, 2022, Public Works Grand Opening 4. September 9, 2022, Dream of Wild Health Event 5. September 10, 2022, Fire Department House Burn 6. September 13, 2022, Hugo Area Business Association Breakfast E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Recognition of Retiring Hugo Firefighter Jodie Guareschi 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 City Clerk Michele Lindau 3. Approve Special Event Permit for Hugo American Legion Oktoberfest Celebration and Craft Show on October 1, 2022 4. Approve Encroachment Agreement for 16237 Europa Avenue North - Meyers 5. Approve Resolution Approving Preliminary Tax Levy for 2023 6. Approve WSB Proposal for Construction Management Services for the Bernin Property 7. Approve Pay Request No. 13 to Shreiber Mullany for Lions Park Building 8. Approve Final Pay Request to Peterson Companies for Public Works Facility Landscaping Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, SEPTEMBER 19, 2022 – 7 P.M. H. PUBLIC HEARING 1. Assessment Hearing on 121st St. and Acres of Bald Eagle Improvement Project I. UNFINISHED BUSINESS 1. None Scheduled J. NEW BUSINESS 1. None Scheduled K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. None Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Reminder – Royal Credit Union Ribbon Cutting Thursday, September 22, 2022 2. Reminder - Lions Park Grand Opening Thursday, September 22, 2022 3. Schedule Kidz ‘n Biz on Saturday, September 24, 2022 4. Announcement – Hugo Lions Ribfest on Saturday, September 24, 2022 5. Schedule Birch Tree Ponds Neighborhood Meeting for Thursday, September 29, 2022 6. Reminder – Citywide Bus Tour Saturday, October 1, 2022 7. Schedule Council Photos for Monday, October 3, 2022 8. Schedule Liberty Classical Academy Ribbon Cutting on Friday, October 7, 2022 9. Schedule Hugo Fire Department Open House on Saturday, October 8, 2022 10. Schedule Board of Canvass for November 15, 2022 at 5 p.m. N. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING MONDAY, SEPTEMBER 19, 2022 D.1 Minutes for the August 31, 2022, Midyear Budget Workshop D.2 Minutes for the September 6, 2022, City Council Meeting D.3 Minutes for the September 7, 2022, Public Works Grand Opening D.4 Minutes for the September 9, 2022, Dream of Wild Health Event D.5 Minutes for the September 10, 2022, Fire Department House Burn D.6 Minutes for the September 13, 2022 Hugo Area Business Association Breakfast Staff recommends Council approve the above meeting minutes as presented. F.1 Recognition of Retiring Hugo Firefighter Jodie Guareschi Hugo Firefighter Jodie Guareschi has retired after 21 years of service. The Council will recognize Jodie for her contributions on the Fire Department. G.1 Approve Claims Roster Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for City Clerk Michele Lindau Michele Lindau was hired as the new City Clerk in the City of Hugo on January 1, 2008. Michele was originally hired by the City of Hugo as a part time employee in 1997 and a full time employee beginning May 1, 1999. City Administrator Bryan Bear recommends Council approve the annual performance review for City Clerk Michele Lindau. G.3 Approve Special Event Permit for Hugo American Legion Oktoberfest Celebration and Craft Show on Saturday, October 1, 2022 The Hugo American Legion Post 620 has applied for a Special Event Permit for their annual Craft Show and Oktoberfest Celebration to be held on Saturday, October 1, 2022. This event requires a Special Event Permit approved by Council because there will be about 200 people in attendance, alcohol sold outdoors, and music outside until approximately 9 p.m. This event has been held successfully for the past few years. Staff recommends Council approve the Special Event Permit for the Hugo American Legion Post 620 in accordance with their application and conditions in the memo. G.4 Approve Encroachment Agreement for 16237 Europa Avenue North - Meyers Timothy and Emily Meyer have requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16237 Europa Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff has reviewed the request and recommends Council approve the encroachment agreement for the property located at 16237 Europa Avenue North. G.5 Approve Resolution Approving Preliminary Tax Levy for 2023 At its August 31, 2022, Midyear Budget Workshop, the City Council listened to a presentation from Finance Director Anna Wobse highlighting revenues and expenditures to-date as well as projections for the 2023 fiscal year. It was the consensus of the Council that the 2023 preliminary tax levy allow for a decrease in the urban tax rate. The total proposed 2023 property tax levy of $10,988,874 will allow the urban tax rate to be lowered to 36.274% of tax capacity, down from 39.403% of tax capacity. Staff believes this levy is sufficient to fund the operating and capital budgets in 2023 and meets the objectives of the City Council. Staff recommends Council approve the Resolution Approving the Preliminary Tax Levy Payable in 2023. G.6 Approve WSB Proposal for Construction Management Services for the Bernin Property In 2002, the City purchased the Bernin property at 6540 Greene Avenue North. Since then, the City has leased the property to the Bernin family. The lease expired on August 31, 2022 and the Bernin family has moved from the property. Staff is working with WSB & Associates to provide an Asbestos and Regulated Materials Assessment report for the property. Once the report is completed, staff will make a recommendation for the demolition of some or all of the structures on the property. WSB & Associates has prepared a proposal to assist staff with the management of the demolition process. If approved, WSB and City Staff will work together to solicit demolition proposals and make a recommendation to the Council for moving forward. Staff recommends Council approve WSB’s proposal for construction management services. G.7 Approve Pay Request No. 13 to Shreiber Mullany for Lions Park Building Schreiber Mullaney has submitted Pay Request No. 13 for the new building in Lions Volunteer Park in the amount of $32,519.10. 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 August 31, 2022 with a 5% retainage applied. The pay request includes change order No. 4 in the amount of $27,352.63 for nine items including changes to windows, signage, and door hardware. It also includes the addition of baby changing stations and fire extinguisher cabinets. The total retainage being held to date will be $156,909.46. Staff recommends Council approve payment in the amount of $32,519.10 to Schreiber Mullaney Construction for the construction of the City of Hugo Peder Pedersen Pavilion. G.8 Approve Final Pay Request to Peterson Companies for Public Works Facility Landscaping Peterson Companies has submitted the final pay request for the landscaping at the Public Works facility. Staff recommends approval of the pay request in the amount of $2,777.30. H.1 Assessment Hearing on 121st St. and Acres of Bald Eagle Improvement Project On September 21, 2021, the Council accepted bids and awarded a contract for construction of the 121st Street and Acres of Bald Eagle utility and street improvements between Everton Avenue and Falcon Avenue. The project improvements included extension of sanitary sewer and watermain to serve the Acres of Bald Eagle development, including storm sewer and street construction. The developer is responsible for the costs associated with the Acres of Bald Eagle, which includes surface and drainage improvements of 121st Street. The development costs are not considered as part of this assessment but are paid by the developer under separate agreement. The existing properties along 121st Street North and Falcon Avenue North benefit from the extension of sanitary sewer services and water services to their individual lots. At the August 15, 2022, regular Council meeting, the Council adopted a resolution declaring costs to be assessed for the 121st Street North and Acres of Bald Eagle Utility and Street Improvements Project and scheduled the assessment hearing on the proposed assessments for September 19, 2022. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. As part of the assessment hearing, staff will provide a PowerPoint presentation identifying the improvements, costs and detail payment options. Staff recommends the Mayor and Council hold the hearing on proposed assessment, hear all comments from those requesting to be heard, and consider approval of the resolution adopting assessments for the 121st Street North and Acres of Bald Eagle Utility and Street Improvements after closing the hearing. M.1 Reminder – Royal Credit Union Ribbon Cutting Thursday, September 22, 2022 Staff would like to remind Council they have scheduled a meeting to attend the Royal Credit Union Ribbon Cutting Event on Thursday, September 22, 2022, at 14602 Everton Avenue N. at 11 a.m. M.2 Reminder - Lions Park Grand Opening Thursday, September 22, 2022 Staff would like to remind Council they have scheduled a meeting to attend the Lions Volunteer Park Grand Opening at 5524 Upper 146th Street N. on Thursday, September 22, 2022, from 3-5 p.m. The ceremony will take place at 4 p.m. M.3 Schedule Kidz ‘n Biz on Saturday, September 24, 2022 The annual Kidz ‘n Biz event will be held on Saturday, September 24, 2022, at Hugo Elementary School, 4888 Heritage Parkway from 9 a.m. to noon. Staff recommends Council schedule this as a meeting if they wish to attend. M.4 Announcement – Hugo Lions Ribfest on Saturday, September 24, 2022 Staff would like to inform Council the Hugo Lions Club will be holding Ribfest on Saturday, September 24, 2022. Ribfest will be held at the Hanif Fields, 7032 137th Street North. The event will run from 6 a.m. to 10 p.m. M.5 Schedule Birch Tree Ponds Neighborhood Meeting for September 29, 2022 The CIP project for 2023 has been identified as the Birch Tree Ponds development area. Staff is recommending Council hold a meeting with the residents in the area to discuss a potential project. Staff recommends Council schedule the Birch Tree Ponds area neighborhood meeting for Thursday, September 29, 2022, at 6 p.m. M.6 Reminder – Citywide Bus Tour Saturday, October 1, 2022 Staff would like to remind Council they have scheduled a meeting to attend the Citywide Bus Tour on Saturday, October 1, 2022, at 10 a.m. The tour will begin with a tour of the the new Peder Pedersen Pavilion at 9:30 a.m. Boarding of the bus will take place at 9:45 a.m. The bus will return to the Pavilion around noon for lunch. M.7 Schedule Council Photos for Monday, October 3, 2022 Staff recommends Council schedule Council photos to be taken at 6:30 p.m. on Monday, October 3, 2022. This is just prior to their regularly scheduled Council meeting at 7 p.m. M.8 Schedule Liberty Classical Academy Ribbon Cutting on Friday, October 7, 2022 Liberty Classical Academy has invited Council to attend a Ribbon Cutting Celebration on Friday, October 7, 2022, at 10158 122nd Street North (former Withrow School) beginning at 12:45 p.m. Staff recommends Council schedule this as a meeting if they wish to attend. M.9 Schedule Hugo Fire Department Open House on Saturday, October 8, 2022 The Hugo Fire Department Open House will be held on Saturday, October 8, 2022, from 11 a.m. to 3 p.m. Staff recommends Council schedule this as a meeting if they wish to attend. M.10 Schedule Board of Canvass for November 15, 2022 at 5 p.m. The Board of Canvass needs to meet between 3-10 days after the General Election on November 8, 2022, to canvass the results. Washington County prepares the abstract for the Board of Canvass and will have it available by November 14. Staff recommends Council schedule the Board of Canvass for Tuesday, November 15, 2022, at 5 p.m. N. Adjournment Mayor Weidt called the meeting to order at 5:00 p.m. PRESENT: Klein, Miron, Petryk, Strub Weidt ABSENT: None STAFF PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, Fire Chief Compton, and Assistant Fire Chief Emans, City Clerk Michele Lindau Finance Director Anna Wobse began by talking about the market value of homes and how it affected the flat tax rate policy. Market values for residential homes for 2023 increased by 21%, which meant increased tax collections and an increase in residents’ tax bills. At the preliminary budget workshop in July, there was discussion on deviating from the policy for one year by returning to the lower 2019 tax rate of 36.274%. It was the consensus of the Council to prepare the 2023 budget using this lower rate. Wobse talked about her recommendation to use a contingency budgeting technique, as in the past, where revenues are conservatively estimated, and departments budget for expenses that may or may not occur. General fund surpluses may go into the Building Maintenance Fund or Equipment Purchasing Fund. In addition, $200,000 is budgeted for tax rate stabilization to help if the economy declines. For pay 2023, taxable market value increased by 25%, which equaled a 25% increase in tax capacity. Returning to the lower 36.274% tax rate would mean the proposed levy for 2023 could not exceed $10,984,174. This would be a 14.5% increase over the 2022 levy. Wobse talked about how inflation was affecting spending patterns. Wobse reviewed the seven components of the levy beginning with debt service. There were three outstanding bond issues; Improvement Bonds of 2011, Public Works Bonds of 2020, and the Lions Park Bonds of 2021, equaling $16.235 million or $998 per capita. This was lower than the statewide average for bonded debt of $1,927 per capita. The City was required to levy taxes to make the bond payments, and the total tax levy for bonded debt would be $992,174. It would remain at that level until 2041. Wobse presented a list of non-general fund tax levies totaling $2,057,946. The street CIP levy of $1,160,000 funds street improvement projects without issuing bonds. The project for 2023 was the Birch Tree Ponds area street improvement project. Keeping the stormwater levy at $278,788 allowed additional funding for related maintenance. The special parks levy of $92,000 would help finance neighborhood park improvements. That levy would remain at that level going forward unless increased by the Council. The firefighter’s relief levy of $27,158 was adopted ten years ago to ensure the City was able to cover the pension liability. No contributions were required in 2023, so the fund could grow. Staff recommended the equipment levy be increased by $260,000 for a total of $500,000 for future Fire Department and Public Works equipment needs. Wobse reviewed the General Fund Budget that included personnel. There were 27 regular full- Minutes HUGO CITY COUNCIL MEETING MIDYEAR BUDGET WORKSHOP TUESDAY, AUGUST 31, 2022 – 5 P.M. Hugo City Council Meeting Minutes for August 31, 2022, Midyear Budget Review Page 2 of 3 time employees included in the budget, one vacant position in the Community Development Department, a new deputy clerk position, and funding to allow for the restructuring of the Public Works Department for lead worker positions and a superintendent. A salary survey showed the City of Hugo’s pay was comparable to other metro cities. The proposed budget contained a 4.5% cost of living adjustment. The budget also contained funds to increase the Fire Department retention program to an hourly rate increase of $1 instead of $.50 for firefighters working between 5-10 years. Health insurance only increased by 2.15%, and HealthPartners was not increasing the deductible. In summary, the 2023 General Fund Budget was up $1,116,240. In addition to personnel costs, there were increased operating expenses anticipated for Lions Volunteer Park; website redesign, room rental and planning software; and $200,000 for flat tax rate stabilization. Wobse reviewed how revenues were conservatively estimated. Non-tax levy revenues equaled $729,369. The general fund tax levy requirement after subtracting the non-tax revenues was $7,934,054. In summary, when adding all levies, the total proposed levy came to $10,984,174. Wobse provided fiscal disparities distribution information explaining how the City received more back in volume than contributed. Almost 8.5% of the total tax levy was paid for by this program. At the proposed urban tax rate of 36.274% in 2023, the median valued home would see an increase of $156. This rate would be midrange of other cities in Washington County. A new requirement of the state was to include an insert in the proposed tax notices that would show various levies and budget details. Wobse asked for a discussion on a fulltime fire chief saying the budget did not contain funding, but if the Council chose to add it, it would reduce the equipment levy to cover salary and benefit costs. She asked for direction on this and on the public works restructuring. Council had questions on the insert that would accompany the proposed tax notices. Wobse explained the categories would likely model what is submitted to the state auditor. Bear stated the mailing will likely influence what the residents think, and it will be interesting to see the feedback. It was noted it would put emphasis on levies and not values, and other units of government would be reflected as well, not including the state. There was discussion on the levy increase of $1.3 million over last year. Wobse talked about the increase in the equipment levy and inflation affecting the general fund. There was a question on how Lions Park affected the levy. Wobse explained the park budget increased to $884,000 from $710,000 partially due to added operating expenses for Lions Volunteer Park and additional seasonal worker. It was noted that the park costs may be offset by rental revenues. There were questions on the City’s reserves and its impact on the borrowing rate. Bear explained having a high balance helps the bond rating. There were other techniques available to achieve the AAA rating, but it was not on the City’s list to borrow money. It was agreed it was a good idea to have the reserves since it was unknown whether the fiscal disparities program may go away. The Council had questions on the impacts of restructuring Public Works. Wobse replied there would be an impact to the streets fund, parks fund, and the sewer and water fund. It was noted funds were set aside in the previous year’s budget and not used. The organizational chart had been modified, and Council indicated they were comfortable moving forward with restructuring. There was discussion on the full-time fire chief, and it was noted that Miron was not present for Hugo City Council Meeting Minutes for August 31, 2022, Midyear Budget Review Page 3 of 3 the previous discussion on it. Council was comfortable with decreasing the equipment levy and placing the funds in the general fund to cover this position. Bear talked about creating goals and direction for this position and bringing it back to Council for a decision. Fire Chief Jim Compton, Jr., agreed it was a good idea to meet at another time, but having it in the budget would make it a positive move. It was said the workshop would then be more of what the position looked like and less of a financial conversation. The Council was comfortable with that. Council thanked Wobse for the presentation and information. They agreed to lower the tax rate for one year. Adjournment The meeting adjourned at 5:48 p.m. Respectfully Submitted, Michele Lindau City Clerk Call to Order Mayor Weidt called the meeting to order at 7:00 p.m. COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, City Engineer Mark Erichson, Community Development Director Rachel Juba, City Clerk Michele Lindau Approve Minutes for the August 2, 2022, Neighborhood Night Out Petryk made motion, Klein seconded, to approve the minutes for the Neighborhood Night Out Event held on August 2, 2022, as presented. All Ayes. Motion carried. Approve Minutes for the August 15, 2022, City Council Meeting Klein made motion, Miron seconded, to approve the minutes for the regular Council meeting held on August 15, 2022, as presented. All Ayes. Motion carried. Approve August 25, 2022, North Star Elementary Open House Strub made motion, Miron seconded to approve the minutes for the North Star Elementary Open House held on August 25, 2022, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried Approval of Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Performance Review for Building Official Joel Hoistad 3. Approve Cooperative Agreement with Washington County for the TH 61 Vision Study Minutes HUGO CITY COUNCIL MEETING HUGO CITY HALL TUESDAY, SEPTEMBER 6, 2022 – 7 P.M. Hugo City Council Meeting Minutes for September 6, 2022 Page 2 of 6 4. Approve Proposal from CivicPlus for CivicRec Community Room Management System 5. Approve Resignation of Brian Kindelberger as Lieutenant on the Hugo Fire Department All Ayes. Motion carried. Approve Claims Roster Adoption of the Consent Agenda approved the Claim Roster as presented. Approve Performance Review for Building Official Joel Hoistad Joel Hoistad was hired on September 14, 2020, as the new building official to replace Chuck Preisler when he retired in November 2020. Adoption of the Consent Agenda approved the Annual Performance Review for Building Official Joel Hoistad. Approve Cooperative Agreement with Washington County for the TH 61 Vision Study In its Capital Improvement Plan (CIP) and budget, Washington County had included a visioning and jurisdictional transfer study to be completed for Highway 61. The City of Hugo also had funds allocated for a total $50,000 to the study in its budget. The study would build on the existing layout that was developed with the City, Washington County, and MnDOT for the future expansion of Highway 61. The study would further evaluate the access locations and type of intersection improvements at each location, define the right-of-way needs for the future expansion, and evaluate the future transit plans for the Rush Line corridor/Purple Line. The study would also analyze the future land uses along Highway 61 and transportation corridors that connect to the highway. Highway 61 was planned to be transferred to Washington County from MnDOT in the future. The study would develop a detailed implementation plan including future improvements, timing, cost, and agency responsibility for the transfer to occur. In March, Washington County put out a Request for Proposal (RFP) to consultants to complete the visioning and transfer study. Washington County selected Bolton & Menk as the project consultant. Work would start soon on the study with several public engagement events and stakeholder meetings planned. Washington County had requested a cooperative agreement for the City’s portion of the cost of the Study. Adoption of the Consent Agenda approved the agreement, subject to the City Attorney review and approval. Approve Proposal from CivicPlus for CivicRec Community Room Management System Staff had been evaluating software to allow residents and users of City owned facilities to easily check availability and reserve space. The Facility Rental Policy approved by Council on July 18, 2022, would be amended to include procedures for reservations made online and amended fees to help recoup costs. Areas that would be available to schedule were the Oneka Room, Rice Lake Centre, Hanifl Shelter, and the new Pete Peterson Pavilion and outdoor space. Staff had reviewed the proposal from CivicPlus for the CivicRec Recreation Management System that would provide staff and users with a web-based system that was easy to use and would meet the needs for room management. The initial software cost, development fees, and first year service fees wass $5,938, and the annual recurring service fee would be $4,725. Adoption of the Hugo City Council Meeting Minutes for September 6, 2022 Page 3 of 6 Consent Agenda apoproved the proposal from CivicPlus in addition to $1,312.50 for GIS integration to confirm Hugo residency and Forte for payment processing and gateway services. Approve Resignation of Brian Kindelberger as Lieutenant on the Hugo Fire Department Brian Kindelberger had been a member of the Hugo Fire Department since December, 2013, and had served as a lieutenant on the Department since March, 2018. Brian had submitted his resignation as lieutenant to allow time to continue his education. Brian would remain on as a regular firefighter. Adoption of the Consent Agenda approved the resignation of Brian Kindelberger as Lieutenant on the Hugo Fire Department effective August 31, 2022 Approve Resolutions Declaring Costs to be Assessed and Setting Public Hearing for the Oneka Parkway Improvement Project City Engineer Mark Erichson explained that on July 5, 2022, the Council had awarded a construction contract for the completion of the 2022 Oneka Parkway Improvements Project. As part of the public improvement process, in accordance with the requirement of state statutes Chapter 429 for assessments to benefitting properties, the City needed to declare the costs to be assessed and conduct the assessment hearing. The total project cost was $2,600,000 with assessments totaling $381,500. Staff recommended approval of the resolution declaring the costs to be assessed and ordering the preparation of the proposed assessment roll for the 2022 Oneka Parkway Improvements Project. Staff also recommended approval of the resolution calling the hearing on assessments for the 2022 Oneka Parkway Improvements to be set for October 3, 2022. Construction for the roadway improvements would continue through the fall of 2022 with the signal improvements continuing into the spring of 2023. Miron made motion, Klein seconded, to approve RESOLUTION 2022 – 55 DECLARING THE COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ROLL FOR THE 2022 ONEKA PARKWAY IMPROVEMENTS. All Ayes. Motion carried. Klein made motion, Petryk seconded, to approve RESOLUTION 2022 – 56 CALLING FOR HEARING ON PROPOSED ASSESSMENT FOR THE 2022 ONEKA PARKWAY IMPROVEMENTS PROJECT. All Ayes. Motion carried. Discussion on Assessment Policy Staff wanted to determine if the City Council wanted to revisit and discuss any portion of the assessment policy since Hugo last updated the policy in 2013. Areas that could be discussed were assessment methodologies, assessment rates or any other particular section. As stated in the assessment policy, special assessment methods described in the policy could be considered as all- inclusive and that unique or unusual circumstances may require slight modifications that would be outlined in the feasibility study. City Engineer Mark Erichson explained the recent Oneka Parkway project did not fit any methodology outlined in the policy, and he said he could foresee the same happening in the future. Also, rates had not been evaluated since 2013. Staff could work to include Hugo City Council Meeting Minutes for September 6, 2022 Page 4 of 6 those situations that have been encountered in the past as well as review the 5-year CIP to make sure the assessment policy included past and potential future unique situations. Erichson suggested a discussion take place at this meeting or at a future work session. A question was asked about the adoption of the policy in 2013. Bear said it was a new policy at the time and likely involved a series of workshops. The City takes on the majority of the costs of projects. Project costs had increased significantly while the City rates had remained the same. Miron made motion, Klein seconded, to direct staff to research the currently policy, make recommendations, and recommend a date to schedule the workshop. All Ayes. Motion carried. Reminder - Public Works Grand Opening on Wednesday, September 7, 2022 City Administrator Bryan Bear remined Council they had scheduled a meeting to attend the Public Works Grand Opening on Wednesday, September 7, 2022 at 3 p.m. Schedule Dream of Wild Health-Planting Seeds for Future Generations on Friday September 9, 2022 City Administrator Bryan Bear informed Council the Dream of Wild Health had invited them to attend the Planting Seeds for Future Generations Turning of the Soil Ceremony to be held on Friday, September 9, 2022 from 1:30 – 2:30 p.m. at 16085 Jeffrey Avenue N. Staff had posted this as a possible quorum of the Council and requested Council formally schedule it as a meeting. Weidt made motion, Klein seconded, to schedule a meeting to attend the Dream of Wild Health Event on Friday September 9, 2022. All Ayes. Motion carried. Schedule Training Burn on Saturday, September 10, 2022 City Administrator Bryan Bear informed Council the Hugo Fire Department had invited the Council to attend a live training on a house burn at 16345 Everton Avenue North on Saturday, September 10, 2022, at 8 a.m. Staff had posted this as a possible quorum of the Council and requested Council formally schedule it as a meeting. Klein made motion, Strub seconded, to schedule a meeting to attend the Fire Department’s live training on September 10, 2022. All Ayes. Motion carried. Hugo City Council Meeting Minutes for September 6, 2022 Page 5 of 6 Announcement - Citywide Cleanup on Saturday, September 10, 2022, City Administrator Bryan Bear informed Council the Citywide Cleanup event had been scheduled for Saturday, September 10, 2022. Starting this year, the cleanup event would be held in two locations. Trash only would be accepted at the new Public Works Facility from 8 a.m. to noon. Household hazardous waste only would be a two-day Washington County Event on September 10 and September 17 from 8 a.m. – 2 p.m. at the Forest Lake Transit Center, 19987 Fitzgerald Trail N. in Forest Lake. Schedule HBA Breakfast with the Mayor on Tuesday, September 13, 2022 City Administrator Bryan Bear informed Council the Hugo Area Business Association would be holding Breakfast with the Mayor on Tuesday, September 13, 2022, at the Blue Heron from 7:30 - 9 a.m. He recommended Council schedule it as a meeting if they wished to attend. Miron made motion, Klein seconded, to schedule a meeting to attend the Breakfast with the Mayor on Tuesday, September 13, 2022. All Ayes. Motion carried. Announcement - Candidates Forum on September 14 and 15, 2022 City Administrator Bryan Bear informed Council the League of Women Voters would be holding candidate forums in the Hugo Council Chambers. The forum for Hugo Mayor candidates would be held on Wednesday, September 14 at 6:30 p.m. The forum for MN House 33A & 33B and MN Senate 33 will be held on Thursday, September 15 at 6:30 p.m. Reminder - Jodie Guareschi Retirement on Saturday, September 17, 2022 City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the retirement party for Firefighter Jodie Guareschi on Saturday, September 17, 2022, at the Rice Lake Centre from 3-7 p.m. Schedule Royal Credit Union Ribbon Cutting Event on Thursday, September 22, 2022 City Administrator Bryan Bear informed Council they had been invited to the Royal Credit Ribbon Cutting Event on Thursday, September 22, 2022, at 14602 Everton Avenue N. at 11 a.m. He recommended Council schedule this as a meeting if they wished to attend. Klein made motion, Petryk seconded, to schedule a meeting to attend the Royal Credit Union Ribbon Cutting event on Thursday, September 22, 2022. All Ayes. Motion carried. Hugo City Council Meeting Minutes for September 6, 2022 Page 6 of 6 Adjournment Klein made motion, Miron seconded, to adjourn at 7:19 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk PRESENT: Klein, Miron, Petryk, Strub, Weidt ABSENT: None The Hugo City Council attended the grand opening of the new Public Works Facility at 8220 140th Street North. The event was open to the public and ended at approximately 5 p.m. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING PUBLIC WORKS GRAND OPENING 8220 140TH STREET NORTH WEDNESDAY, SEPTEMBER 7, 2022 – 3:00 P.M. PRESENT: Klein, Petryk, Strub, Weidt ABSENT: Miron The Hugo City Council attended the Turning of the Soil Ceremony held by the Dream of Wild Health. The ceremony was held on a vacant 40-acre parcel recently purchased by the Dream of Wild Health for planting seeds for future generations. The event ended at approximately 2:30 p.m. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING DREAM OF WILD HEALTH 16085 JEFFREY AVENUE NORTH FRIDAY, SEPTEMBER 9, 2022 – 1:30 P.M. PRESENT: Klein, Miron, Petryk, Strub, Weidt ABSENT: None The Hugo City Council attended the Hugo Fire Department’s live training on a house burn at 16345 Everton Avenue North on Saturday, September 10, 2022, at 8 a.m. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING LIVE TRAINING HOUSE BURN 16345 EVERTON AVENUE NORTH SATURDAY, SEPTEMBER 10, 2022 – 8:30 A.M. PRESENT: Klein, Miron, Petryk, Strub, Weidt ABSENT: None The Hugo City Council attended the Hugo Area Business Association Breakfast with the Mayor event. Mayor Weidt presented information on recent developments in the City over the past year. The breakfast was held at the Blue Heron, 14725 Victor Hugo Boulevard. The meeting concluded at 9 a.m. Respectfully Submitted, Michele Lindau City Clerk Minutes HUGO CITY COUNCIL MEETING HBA BUSINESS BREAKFAST BLUE HERON GRILL TUESDAY, SEPTEMBER 13, 2022 – 7:30 A.M. Agenda Number: G4 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Timothy and Emily Meyer – Encroachment agreement to allow a fence within a drainage and utility easement on property located at 16237 Europa Avenue North. DATE: September 13, 2022 for the City Council meeting of September 19, 2022 ZONING: Planned Unit Development (PUD) LAND USE: Low Density Residential (LD) 60-DAY REVIEW DEADLINE: November 7, 2022 1. DESCRIPTION OF REQUEST: The applicant has requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on property located at 16237 Europa Avenue North. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 2. CONCLUSION/RECOMMENDATION: Staff has reviewed the request and recommends that the City Council approve the encroachment agreement for the property located at 16237 Europa Avenue North. ATTACHMENTS: 1. Location Map 2. Encroachment Agreement Resolution 3. Encroachment Agreement 4. Survey Europa Avenue North Encroachment Agreement 16237 Europa Avenue NorthLocation MapHugo, MN Site Right of Way Roads Hugo Border Parcel Boundary Document Path: S:\Mapping\Emily\LocationSite Maps\2022\Meyer Encroachment Agreement.mxdSite RESOLUTION 2022-57 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16273 EUROPA AVENUE NORTH WHEREAS, an application has been filed by Timothy and Emily Meyer that requests approval of an encroachment agreement to allow construction of a fence within a drainage and utility easement on the property located at 16273 Europa Avenue North, legally described as follows; Lot 5, Block 2, Oneka Place 5th Addition, Washington County, Minnesota WHEREAS, the City Council has fully considered the request for the encroachment agreement. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment agreement on property located at 16237 Europa Avenue North. ADOPTED by the City Council this 19th day of September, 2022. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 19th day of September, 2022 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Timothy and Emily Meyer (hereinafter “Owners”), and their successors in title. WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”) along the westerly, northerly, and easterly portion of the Owner’s property, which is legally described as: Lot 5, Block 2, Oneka Place 5th Addition, Washington County, Minnesota; and, WHEREAS, Owner is desirous of constructing a fence and concrete partially within the easement area; and, WHERAS, the City will permit the placement of a fence and concrete in the area described herein subject to the terms and conditions hereof. NOW, THEREFORE, in consideration of the premises and for good and valuable consideration, the receipt of which is acknowledged, the City will permit the encroachment on its easement as set forth herein and subject to the conditions set forth below: 1. Owner and their successors in title may install and maintain a fence and concrete within the Easement, and the fence and concrete shall be constructed in accordance with the plans on file with the City of Hugo. 2. No plantings, trees, permanent improvements or structures other than the fence and concrete may be maintained or placed in the easement area. 3. Owner shall maintain the fence and concrete in good repair and shall not permit it to be expanded, lengthened or to impair the City’s easement or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing easement rights of the City as granted in various easements. 5. The City will notify Owner if it requires removal or relocation of the fence and/or concrete or any part of it. Thereafter, Owner shall remove the fence and/or concrete according to the direction of the City and if Owner fails to do so, the City may enter upon the land and remove as much of the fence and/or concrete as required and cast it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss or damage whatsoever, and may assess the property for all of its costs incurred in removing the fence and/or concrete, and Owner waive all formalities, requirements and defenses arising from or relating to Minnesota Statutes Section 429 relating to or arising from the work done by the City. 6. To the fullest extent permitted by law, Owner agrees to release, defend, protect, indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and contractors against any and all claims, costs and liabilities, including the costs of defense for damages, injury or death arising from or in any way connected to the installation, maintenance, repair, removal and/or presence of the fence and/or concrete, regardless of whether such harm is to Owner, the City, the employees or officers, guests or invitees of either or any other person or entity, except Owner shall not be liable under this paragraph for loss or damage to the extent resulting from the negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence and concrete within the specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its easement rights without proper express written consent of the City. 8. Owner shall, at all times, use their best efforts to conduct all of their activities on said Easement in such a manner as to not interfere with or impede the operation of the City’s Easement and related activities in any manner whatsoever, and shall follow the direction of the City. 9. This Agreement shall run with the land and inure to the benefit and be binding upon the parties hereto, their heirs, successors and assigns. 10. Owner shall be responsible for the costs of recording this Agreement with the Washington County Recorder. WHEREUPON, the parties have set their hands this day of , 2022. CITY OF HUGO By By Tom Weidt, Mayor Michele Lindau, City Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Timothy Meyer, Owner _____________________________________ Emily Meyer, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2022, before me, a Notary Public, personally appeared Timothy and Emily Meyer, a married couple, who signed the foregoing instrument and acknowledged said instrument to be his free act and deed. __________________________________________ Notary Public THIS INSTRUMENT DRAFTED BY: David K. Snyder Johnson & Turner, P.A. 56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 (651) 464-7292 14669 Fitzgerald Avenue North, Hugo, MN 55038   • (651) 762‐6300  •   www.ci.hugo.mn.us                           TO:  Honorable Mayor Tom Weidt and Members of the City Council  FROM:  Anna Wobse, Finance Director   DATE:  For the Council Meeting of September 19, 2022        RE:  Preliminary Tax Levy Payable in 2023      REQUESTED COUNCIL ACTION    Motion to adopt Resolution Approving Preliminary Tax Levy Payable in 2023.      At the mid‐year budget workshop it was the consensus of the City Council that the 2023 preliminary tax  levy allow for a decrease in the current urban tax rate.  Using preliminary tax capacity data provided by  Washington County, the total proposed 2023 property tax levy of $10,988,874 will allow the urban tax  rate to be lowered to 36.274% of tax capacity, down from 39.403% of tax capacity.     The proposed tax levy is broken down into the following major categories:    Required Tax Levies – Debt Service  Improvement Bonds of 2011  Capital Improvement Plan Bonds of 2020       Tax Abatement Bonds of 2021    Total Debt Service Levy     $  18,598  436,196  537,380    $992,174      Discretionary Tax Levies  General Operating Levy   Street Capital Improvement Program  Equipment Purchasing and Replacement  Stormwater Improvements  Neighborhood Park Improvements  Firefighter’s Relief     Total Discretionary Tax Levies     Total Certified Tax Levy        $8,138,754  1,160,000  300,000  278,788  92,000  27,158    $9,996,700    $10,988,874    2023 Proposed Tax Levy  Page 2    Debt Service Tax Levies    This levy is required under the terms of the 2011 Improvement Bond bondholder agreement and per the  terms of the official statements for the 2020 Capital Improvement Plan Bond and 2021 Tax Abatement  Bond. These taxes are used to make principal and interest payments on general obligation bonds issued  by the city.  The total levy for debt service in 2023 is $992,174.    General Operating Levy    The levy for general operating purposes is $8,138,754.  This levy is used, along with non‐property tax  revenues, to fund general government, public safety, public works, and other city operations.  This levy is  needed to balance the general fund with no structural deficit (i.e. transfers from other funds).    The proposed tax levy provides funding to allow for the hiring of a fulltime fire chief and provides for step  increases, a cost‐of‐living adjustment, and health insurance premium coverage for eligible employees for  the 2023 calendar year.  The proposed levy also contains a $200,000 appropriation to provide for flat tax  rate stabilization should the taxable market value of property decline due to an economic downturn.    Street Capital Improvement Program Levy    First instituted in 2006, this levy is used to defray a portion of the city’s share of street reconstruction  projects.  The proposed levy for 2023 is $1,160,000.  When combined with state construction aid, these  funds will allow us to continue improving our network of streets without the need to issue additional  debt.    Equipment Purchasing Levy    This levy is needed to replace big ticket equipment items in the Public Safety and Public Works  Departments that have exceeded their useful life. These items include plow trucks, pickup trucks, dump  trucks, and firefighting vehicles.  New equipment prices are ever increasing and in order to be able to fund  future Public Safety and Public Works equipment the proposed levy for 2023 is $300,000.      Storm Water Improvement Levy    This levy is needed to fund water reuse projects and improvements to our drainage systems, including the  repair and/or replacement of catch basins.  Eventually funds will be needed to maintain our system of  drainage ponds.  This levy is in the amount of $278,788.     Park Improvement Levy    First instituted in 2007, this levy is used to finance capital improvements to the city’s neighborhood park  system.   The proposed neighborhood park improvement levy for 2023 is $92,000.          2023 Proposed Tax Levy  Page 3    Fire Relief Levy    This levy is used to accumulate funds to meet the city’s future pension obligations for the Hugo  Firefighter’s Relief Association.  Taxes are levied in an amount equal to the PERA employer percentage as  applied to total fire department wages and salaries.  These funds are placed in a special revenue fund and  can only be used to make mandatory contributions to the pension fund.  The levy for 2023 is $27,158.    Certified Property Tax Levy    The total amount of property taxes to be certified to the county for inclusion in the truth‐in‐taxation  notices amounts to $10,988,874.    Fiscal Disparities    Fiscal Disparities is a program designed by the state legislature to distribute a portion of growth in  commercial and industrial tax values to cities in the seven‐county metropolitan area.  Historically, the City  of Hugo has been a “winner” in that we receive more value from the pool than we contribute.   Washington County has certified the payable 2023 amount of $923,170, a decrease of $1,166 from the  previous year.  This amount serves to lower the total property tax dollars paid by residents of the city.      Pay 2023 Proposed Certified Property Tax Levy $ 10,988,874 Less: Fiscal Disparities $ (923,170) Local Portion of Levy $ 10,065,704     Taxable Market Value and Tax Capacity    The county tax department has released a preliminary estimate of taxable market value and tax capacity  data for next year.  The county estimates an increase in the total tax capacity of 25%.  These numbers will  most likely change when the county releases “final” numbers prior to the budget adoption meeting  scheduled for December 5, 2022.                    2023 Proposed Tax Levy  Page 4    Tax Rates    The total proposed 2023 property tax levy of $10,988,874 will allow the urban tax rate to be lowered to  36.274% of tax capacity.    Based on estimated market and tax capacity values, the levy proposed herein will move the urban and  rural tax as follow:    Pay 2023 Proposed Tax Rate Calculations: Local Portion of General Expense $ 9,156,882 Divided by Tax Capacity $ 27,708,395 Urban Tax Capacity for General Expense 33.047% Less 10% for Rural -3.305% Local Portion of Debt Service Levy $ 908,822 Divided by Total Tax Capacity $ 28,165,280 Tax Capacity for Debt Service 3.227% Total Urban Tax Rate 36.274% Total Rural Tax Rate 32.969%     City Tax on Median Valued Homestead    According to the latest Washington County data, the median taxable value of a homestead property in Hugo  has increased $63,700 to $379,300, an increase of 20.18%.  The tax on this homestead will increase as  follows:    Pay 2023 Percent Change City Tax on Median Value Homestead: Median Taxable Value Prior to Exclusion $ 379,300 20.18% Market Value Exclusion $ (3,103) Median Taxable Value After Exclusion $ 376,197 22.63% Tax Capacity $ 3,762 Net Tax $ 1,365 12.90% Dollar Change $ 156     2023 Proposed Tax Levy  Page 5    Maximum Tax Levy    The preliminary tax levy adopted by the Council on September 19, 2022 can be decreased (but not  increased) following the budget and tax levy public hearing in December.  Thus, the preliminary levy  needs to be set at the maximum amount that the Council determines is appropriate.    Conclusion    The proposed tax levy provides for a balanced operating budget and allows for a reduction in the urban and  rural tax rates from their current levels.      Attachment    Resolution Approving Preliminary Tax Levy Payable in 2023                                            Fund Certified Tax Levy General Operating 101 8,138,754$ Park Improvements 225 92,000$ Fire Relief 226 27,158$ Equipment Purchasing 403 300,000$ Street Capital Improvements Program 408 1,160,000$ Stormwater Improvements 605 278,788$ Total General Levy 9,996,700$ Improvement Bonds of 2011 (General Obligations) 317 18,598$ Public Works Facility CIP Bonds (General Obligations) 324 436,196$ Lions Park Abatement Bonds (General Obligations) 325 537,380$ Total Debt Service Levy 992,174$ Total Certified Tax Levy 10,988,874$ Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 19th of September, 2022. Tom Weidt, Mayor Michele Lindau, City Clerk BE IT FURTHER RESOLVED that the Truth-in-Taxation public hearing be held on Monday, December 5, 2022, at 7:00 at City Hall, 14669 Fitzgerald Avenue N, Hugo, Minnesota RESOLUTION 2022 - RESOLUTION APPROVING PRELIMINARY TAX LEVY PAYABLE IN 2023 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, that the following sums of money be levied for the current year, payable in 2023, upon the taxable property in the City of Hugo, and certified to Washington County for collection: 701 XENIA AVENUE S | SUITE 300 | MINNEAPOLIS, MN | 55416 | 763.541.4800 | WSBENG.COMSeptember 14, 2022 Scott Anderson Public Works Director, City of Hugo 6900 137th Street N Hugo, MN 55038 Re: Scope of Work and Cost – Bldg. Demolition Specification and Oversight Services Residential Property 6540 Greene Ave N Hugo, MN 55038 Dear Mr. Anderson: Outlined below is a scope of work and cost estimate for WSB to perform Building Demolition and Oversight Services at the residential property located at 6540 Greene Ave N in Hugo, Minnesota (Site). The Site consists of Washington County Parcel 16.031.21.32.0001. WSB understands the Site is developed with a two-story residential dwelling with detached garage, one barn, and two sheds. According to Site information obtained from Washington County, the dwelling was constructed in 1951 and consists of 2,184 square feet of living space. WSB understands the City of Hugo (City) has recently purchased the Site and intends to demolish the existing Site buildings. The former owner vacated the property the week of September 1, 2022. WSB was contracted by the City to perform a Destructive Asbestos and Regulated Materials Assessment at the Site. This assessment is in progress. The following additional tasks will be performed as part of this Scope of Work: Task 1: Demolition Specification, Quote Package, Bid Solicitation, and Contract Execution To facilitate demolition of the Site buildings, the following items will be completed: Demolition Specification – WSB will prepare a demolition specification for the removal and disposal of the buildings and restoration of the Site. The specification will be Site specific and contain details pertaining to the following demolition and restoration components/requirements: o Removal, management, and disposal of regulated materials including ACM and LBP (if applicable). o Abandonment of water wells and septic tanks (if applicable). o Removal, management, and disposal of underground storage tanks, lifts/hoists, sumps, or oil water separators (if applicable). o Removal and management of petroleum-impacted soil (if applicable). o Disconnection of all public and private utilities prior to demolition. o Permit and notification responsibilities prior to demolition. o Demolition and offsite disposal or recycling of all construction and demolition debris, including concrete slabs and footings. o Restoration of Site with backfill, topsoil, seed, and erosion controls. Quote Package and Solicitation – WSB will prepare a quotation package and solicit bids from contractors for the demolition of the Site buildings and Site restoration activities. It is anticipated that a minimum of two competitive bids will be required prior to awarding the demolition contract. Additionally, it is anticipated that WSB will organize and Mr. Scott Anderson September 14, 2022 Page 2 complete one contractor pre-bid walk approximately one week before the bid deadline. The quotation package will include the following components/requirements: o Washington County / City Site information o Demolition specification (prepared by WSB) o ARM Assessment Report (WSB contracted, work in progress) o Contractor statement of qualifications and proof of insurance o City independent contract agreement o Bid form with costs broken down by: Removal and disposal of regulated materials including asbestos (if applicable) Removal and disposal of petroleum-impacted soil (if applicable) Removal and disposal of structures and Site restoration Contract Execution – WSB will summarize the provided demolition bids in a letter to the City and recommend a contractor based on the lowest responsible bid meeting the criteria outlined in the quotation package. WSB will also assist with contract execution prior to initiation of any field work activities. Task 2: Demolition Oversight and Documentation WSB will coordinate with contractors and provide oversight and documentation of the Site demolition activities. The following items will be completed: Environmental Abatement Coordination - WSB will coordinate with contractors to ensure demolition activities, including regulated material removal and disposal, are performed in accordance with local, state, and federal guidelines. WSB will also coordinate with contractors to obtain documentation for final reporting purposes and will maintain communication with the City regarding the demolition schedule. Demolition Oversight - WSB will provide oversight during demolition activities to assess for unknown environmental conditions. It is possible that the dwelling was formerly heated by a fuel oil tank and thus petroleum-impacted soil may be encountered during subsurface excavations associated with the dwelling demolition and removal. WSB will screen soils with a photoionization detector (PID) during excavation activities to document the presence / absence of contaminated soil at the Site. WSB will conduct a walkthrough of the Site buildings prior to demolition to ensure all regulated materials are removed and properly disposed of at a permitted landfill facility. WSB will also conduct a final walkthrough following demolition to ensure the Site is properly backfilled, graded, seeded, and is free of demolition debris. It is assumed that up to 30 hours of onsite oversight will be required. Final Documentation and Reporting - WSB will summarize the results of the demolition oversight services in a final documentation report. At a minimum, the report will include daily logs, PID Screening results and/or maps, Site location map, Scope of Work, regulated material removal documentation (if applicable), well and septic abandonment (if applicable), demolition notifications and permits, backfilling and seeding documentation, and photographic documentation. Mr. Scott Anderson September 14, 2022 Page 3 Total Cost and Schedule The estimated cost to perform the above-described demolition services is not to exceed $8,200. The table below presents the estimated cost breakdown for each task presented in this scope. Task Estimated Cost 1 – Demolition Specification, Quotation Package, Bid Solicitation, and Contract Execution $3,400 2 – Demolition Oversight and Documentation $4,800 Total Estimated Project Cost $8,200 If additional work is required beyond the summarized scope above, WSB will receive authorization from the City prior to performing extra work. Upon authorization, WSB can initiate the work immediately. If you wish to authorize this work, please sign below and submit a copy to WSB. Acceptance This proposal represents our understanding of the project scope. All work completed through this proposal will be governed by the enclosed General Contract Provisions. If the scope and fee are acceptable, please sign on the space provided and return one copy to WSB. We are available to begin work once we receive signed authorization. WSB appreciates the opportunity of being considered for this project and we look forward to providing our professional services to you. If you have any questions about this proposal, please feel free to call Ryan Spencer at 612.723.3644. Sincerely, Ryan Spencer, CHMM Ben Fehr Director or Env Investigation and Remediation Senior Environmental Scientist ___________________________________________________________________________ Enclosures: WSB 2022 Rate Schedule General Contract Provisions Mr. Scott Anderson September 14, 2022 Page 4 I hereby authorize WSB to proceed with the tasks selected below: Task 1: Demolition Specification, Quotation Package, Bid Solicitation, and Contract Execution Task 2: Demolition Oversight and Documentation _________________________________________ Name (Print) _________________________________________ Signature _________________________________________ Date 2022 Rate Schedule WSBENG.COM Billing Rate/Hour PRINCIPAL | ASSOCIATE $162 - $206 SR. PROJECT MANAGER | SR. PROJECT ENGINEER $162 - $206 PROJECT MANAGER $143 - $159 PROJECT ENGINEER | GRADUATE ENGINEER $97 - $158 ENGINEERING TECHNICIAN | ENGINEERING SPECIALIST $62 - $154 LANDSCAPE ARCHITECT | SR. LANDSCAPE ARCHITECT $73 - $154 ENVIRONMENTAL SCIENTIST | SR. ENVIRONMENTAL SCIENTIST $60 - $151 PLANNER | SR. PLANNER $75 - $159 GIS SPECIALIST | SR. GIS SPECIALIST $72 - $159 CONSTRUCTION OBSERVER $98 - $128 SURVEY One-Person Crew $159 Two-Person Crew $207 OFFICE TECHNICIAN $56 - $97 Costs associated with word processing, cell phones, reproduction of common correspondence, and mailing are included in the above hourly rates. Vehicle mileage is included in our billing rates [excluding geotechnical and construction materials testing (CMT) service rates]. Mileage can be charged separately, if specifically outlined by contract. | Reimbursable expenses include costs associated with plan, specification, and report reproduction; permit fees; delivery costs; etc. | Multiple rates illustrate the varying levels of experience within each category. | Rate Schedule is adjusted annually. Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN Page 1 WSB & ASSOCIATES, INC. EXHIBIT A GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT ARTICLE 1 – PERFORMANCE OF THE WORK Consultant shall perform the services under this Agreement in accordance with the care and skill ordinarily exercised by members of Consultant’s profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no warranties, express or implied, under this Agreement or otherwise, in connection with its services. ARTICLE 2 – ADDITIONAL SERVICES If the Client requests that the Consultant perform any services which are beyond the scope as set forth in the Agreement, or if changed or unforeseen conditions require the Consultant to perform services outside of the original scope, then, Consultant shall promptly notify the Client of cause and nature of the additional services required. Upon notification, Consultant shall be entitled to an equitable adjustment in both compensation and time to perform. ARTICLE 3 – SCHEDULE Unless specific periods of time or dates for providing services are specified in a separate Exhibit, Consultant’s obligation to render services hereunder will be for a period which may reasonably be required for the completion of said services. The Client agrees that Consultant is not responsible for damages arising directly or indirectly from any delays for causes beyond Consultant’s control. For purposes of th is Agreement, such causes include, but are not limited to, strikes or other labor disputes; severe weather disruptions, or other natural disasters or acts of God; fires, riots, war or other emergencies; any action or failure to act in a timely manner by any government agency; actions or failure to act by the Client or the Client’s contractor or consultants; or discovery of any hazardous substance or differing site conditions. If the delays outside of Consultant’s control increase the cost or the time required by Consultant to perform its services in accordance with professional skill and care, then Consultant shall be entitled to a reasonable adjustment in schedule and compensation. ARTICLE 4 – JOBSITE SAFETY Neither the professional activities of the Consultant, nor the presence of the Consultant or its employees and subconsultants at a construction/project site, shall impose any duty on the Consultant, nor relieve the general contractor of its obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending and coordinating the work in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. The Consultant and its personnel have no authority to exercise any control over any construction contractor or its employees in connection with their work or any health or safety programs or procedures. The Client agrees that the general contractor shall be solely responsible for jobsite and worker safety and warrants that this intent shall be carried out in the Client's contract with the general contractor. ARTICLE 5 – OPINIONS OF PROBABLE COST Opinions, if any, of probable cost, construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian considerations of operations and maintenance costs , collectively referred to as “Cost Estimates,” provided for are made or to be made on the basis of the Consultant's experience and qualifications and represent the Consultant's best judgment as an experienced and qualified professional design firm. The parties acknowledge, however, that the Consultant does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractor’s methods of determining their prices, and any evaluation of any facility to be constructed or acquired, or work to be performed must, of necessity, be viewed as simply preliminary. Accordingly, the Consultant and Client agree that the proposals, bids or actual costs may vary from opinions, evaluations or studies submitted by the Consultant and that Consultant assumes no responsibility for the accuracy of opinions of Cost Estimates and Client expressly waives any claims related to the Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN Page 2 accuracy of opinions of Cost Estimates. If Client wishes greater assurance as to Cost Estimates, Client shall employ an independent cost estimator as part of its Project responsibilities. ARTICLE 6 – REUSE AND DISPOSITION OF INSTRUMENTS OF SERVICE All documents, including reports, drawings, calculations, specifications, CADD materials, computers software or hardware or other work product prepared by Consultant pursuant to this Agreement are Consultant’s Instruments of Service and Consultant retains all ownership interests in Instruments of Service, including copyrights. The Instruments of Service are not intended or represented to be su itable for reuse by the Client or others on extensions of the Project or on any other project. Copies of documents that may be relied upon by Client are limited to the printed copies (also known as hard copies) that are signed or sealed by Consultant. Files in electronic format furnished to Client are only for convenience of Client. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. Consultant makes no representations as to long term compatibility, usability or readability of electronic files. If requested, at the time of completion or termination of the work, the Consultant may make available to the Client the Instruments of Service upon (i) payment of amounts due and owing for work performed and expenses incurred to the date and time of termination, and (ii) fulfillment of the Client’s obligations under this Agreement. Any use or re-use of such Instruments of Service by the Client or others without written consent, verification or adaptation by the Consultant except for the specific purpose intended will be at the Client’s risk and full legal responsibility and Client expressly releases all claims against Consultant arising from re-use of the Instruments of Service without Consultant’s written consent, verification or adaptation. The Client will, to the fullest extent permitted by law, indemnify and hold the Consultant harmless from any claim, liability or cost (including reasonable attorneys' fees, and defense costs) arising or allegedl y arising out of any unauthorized reuse or modification of these Instruments of Service by the Client or any person or entity that acquires or obtains the reports, plans and specifications from or through the Client without the written authorization of the Consultant. Under no circumstances shall transfer of Instruments of Service be deemed a sale by Consultant, and Consultant makes no warranties, either expressed or implied, of merchantability and fitness for any particular purpose. Consultant shall be entitled to compensation for any consent, verification or adaption of the Instruments of Service for extensions of the Project or any other project. ARTICLE 7 – PAYMENTS Payment to Consultant shall be on a lump sum or hourly basis as set out in the Agreement. Consultant is entitled to payment of amounts due plus reimbursable expenses. Client will pay the balance stated on the invoice unless Client notifies Consultant in writing of any disputed items within fifteen (15) days from the date of invoice. In the event of any dispute, Client will pay all undisputed amounts in the ordinary course, and the Parties will endeavor to resolve all disputed items. All accounts unpaid after thirty (30) days from the date of original invoice shall be subject to a service charge of 1 -1/2% per month, or the maximum amount authorized by law, whichever is less. Consultant reserves the right to retain instruments of service until all invoices are paid in full. Consultant will not be liable for any claims of loss, delay, or damage by Client for reason of withholding services or instruments of service until all invoices are paid in full. Consultant shall be entitled to recover all reasonable costs and disbursements, including reasonable attorney fees, incurred in connection with collecting amounts owed by Client. In addition, Consultant may, after giving seven (7) days’ written notice to Client, suspend services under this Agreement until it receives full payment for all amounts then due for services, expenses and charges . ARTICLE 8 – SUBMITTALS AND PAY APPLICATIONS If the Scope of Work includes the Consultant reviewing and certifying the amounts due the Contractor, the Consultant’s certification for payment shall constitute a representation to the Client, that to the best of the Consultant’s knowledge, information and belief, the Work has progressed to the point indicated and that the quality of the Work is in general accordance with the Documents issued by the Consultant. The issuance of a Certificate for Payment shall not be a representation that the Consultant has (1) made exhaustive or continuous on-site inspections to check the quality or quantity of the Work, (2) reviewed construction means, methods, techniques, sequences or procedures, (3) reviewed copies of requisitions received from Subcontractors and material suppliers and other data requested by the Client to substantiate the Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN Page 3 Contractor’s right to payment, or (4) ascertained how or for what purpose the Contractor has used money previously paid on account of the Contract Sum. Contractor shall remain exclusively responsible for its Work. If the Scope of Work includes Consultant’s review and approval of submittals from the Contractor, such review shall be for the limited purpose of checking for conformance with the information given and the design concept. The review of submittals is not intended to determine the accuracy of all components, the accuracy of the quantities or dimensions, or the safety procedures, means or methods to be used in construction, and those responsibilities remain exclusively with the Client’s contractor. ARTICLE 9 – HAZARDOUS MATERIALS Notwithstanding the Scope of Services to be provided pursuant to this Agreement, it is understood and agreed that Consultant is not a user, handler, generator, operator, treater, arranger, storer, transporter , or disposer of hazardous or toxic substances, pollutants or contaminants as any of the foregoing items are defined by Federal, State and/or local law, rules or regulations, now existing or hereafter amended, and which may be found or identified on any Project which is undertaken by Consultant. The Client agrees to indemnify Consultant and its officers, subconsultant(s), employees and agents from and against any and all claims, losses, damages, liability and costs, including but not limited to costs of defense, arising out of or in any way connected with, the presence, discharge, release, or escape of hazardous or toxic substances, pollutants or contaminants of any kind, except that this clause shall not apply to such liability as may arise out of Consultant’s sole negligence in the performance of services under this Agreement arising from or relating to hazardous or toxic substances, pollutants, or contaminants specifically identified by the Client and included within Consultant’s services to be provided under this Agreement. ARTICLE 10 – INSURANCE Consultant has procured general and professional liability insurance. On request, Consultant will furnish client with a certificate of insurance detailing the precise nature and type of insurance, along with applicable policy limits. ARTICLE 11 – TERMINATION OR SUSPENSION If Consultant’s services are delayed or suspended in whole or in part by Client, or if Consultant’s services are delayed by actions or inactions of others for more than sixty (60) days through no fault of Consultant, Consultant shall be entitled to either terminate its agreement upon seven (7) days written notice or, at its option, accept an equitable adjustment of rates and amounts of compensation provided for elsewhere in this Agreement to reflect reasonable costs incurred by Consultant in connection with, among other things, such delay or suspension and reactivation and the fact that the time for performance under this Agreement has been revised. This Agreement may be terminated by either party upon seven (7) days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. In the event of termination Consultant shall be compensated fo r services performed prior to termination date, including charges for expenses and equipment costs then due and all termination expenses. This Agreement may be terminated by either party upon thirty (30) days’ written notice without cause. Consultant shall upon termination only be entitled to payment for the work performed up to the Date of termination. In the event of termination, copies of plans, reports, specifications, electronic drawing/data files (CADD), field data, notes, and other documents whether written, printed or recorded on any medium whatsoever, finished or unfinished, prepared by the Consultant pursuant to this Agreement and pertaining to the work or to the Project, (hereinafter "Instruments of Service"), shall be made available to the Client upon payment of all amounts due as of the date of termination. All provisions of this Agreement allocating responsibility or liability between the Client and Consultant shall survive the completion of the services hereunder and/or the termination of this Agreement. Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN Page 4 ARTICLE 12 – INDEMNIFICATION The Consultant agrees to indemnify and hold the Client harmless from any damage, liability or c ost to the extent caused by the Consultant’s negligence or willful misconduct. The Client agrees to indemnify and hold the Consultant harmless from any damage, liability or cost to the extent caused by the Client’s negligence or willful misconduct. ARTICLE 13 – WAIVER OF CONSEQUENTIAL DAMAGES Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither the Client nor the Consultant, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any incidental, indirect or consequential damages arising out of or connected in any way to the Project or to this Agreement. This mutual waiver of consequential damages shall include, but is not limited to, loss of use, loss of profit, loss of business, loss of income, loss of reputation and any other consequential damages that either party may have incurred from any cause of action including negligence, strict liability , breach of contract and breach of strict or implied warranty. Both the Client and the Consultant shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in this project. This mutual waiver shall apply even if the damages were foreseeable and regardless of the theory of recovery plead or asserted. ARTICLE 14 – WAIVER OF CLAIMS FOR PERSONAL LIABILITY It is intended by the parties to this Agreement that Consultant’s services shall not subject Consultant’s employees, officers or directors to any personal legal exposure for the risks associated with this Agreement. Therefore, and notwithstanding anything to the contrary contained herein, the Client agrees that as the Client’s sole and exclusive remedy, any claim, demand or suit shall be directed and/or asserted only against Consultant, and not against any of Consultant’s individual employees, officers or directors. ARTICLE 15 – ASSIGNMENT Neither Party to this Agreement shall assign its interest in this agreement, any proceeds due under the Agreement nor any claims that may arise from services or payments due under the Agreement without the written consent of the other Party. Any assignment in violation of this provision shall be null and void. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the Consultant or Client. This Agreement is for the exclusive benefit of Consultant and Client and there are no other intended beneficiaries of this Agreement. ARTICLE 16 – CONFLICT RESOLUTION In an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client and Consultant agree that all disputes between them arising out of or relating to this Agreement shall be submitted to nonbinding mediation as a precondition to any formal legal proceedings. ARTICLE 17 – CONFIDENTIALITY The Consultant agrees to keep confidential and not to disclose to any person or entity, other than the Consultant’s employees, subconsultants and the general contractor and subcontractors, if appropriate, any data and information furnished to the Consultant and marked CONFIDENTIAL by the Client. These provisions shall not apply to information in whatever form that comes into the public domain, nor shall it restrict the Consultant from giving notices required by law or complying with an order to provid e information or data when such order is issued by a court, administrative agency or other authority with proper jurisdiction, or if it is reasonably necessary for the Consultant to complete services under the Agreement or defend itself from any suit or claim. ARTICLE 18 – LIMITATION OF LIABILITY To the fullest extent permitted by law, and not withstanding any other provision of this Agreement, the total liability, in the aggregate, of the Consultant and the Consultant's officers, directors, partners, employees and subconsultants, and any of them, to the Client and anyone claiming by or through the Client, for any and all claims, losses, costs or damages, including attorneys' fees and costs and expert -witness fees and costs of any nature whatsoever or claims expenses resulting from or in any way rel ated to the project or Exhibit A – GENERAL CONTRACT PROVISIONS FOR ENVIRONMENTAL INVESTIGATION, REMEDIATION OR ASSESSMENT 02.12.20 - MN Page 5 the Agreement from any cause or causes shall not exceed $20,000. It is intended that this limitation apply to any and all liability or cause of action, including without limitation active and passive negligence however alleged or arising, unless otherwise prohibited by law. In no event shall the Consultant’s liability exceed the amount of available insurance proceeds. ARTICLE 19 – CONTROLLING LAW This Agreement is to be governed by the laws of the State of Minnesota. Any controversy or claim arising out of or relating to this Agreement, or the breach thereof, including but not limited to claims for negligence or breach of warranty, that is not settled by nonbinding mediation shall be settled by the law of the State of Minnesota. ARTICLE 20 – LOCATION OF UNDERGROUND IMPROVEMENTS Where requested by Client, Consultant will perform customary research to assist Client in locating and identifying subterranean structures or utilities. However, Consultant may reasonably rely on information from the Client and information provided by local utilities related to structures or utilities and will not be liable for damages incurred where Consultant has complied with the standard of care and acted in reliance on that information. The Client agrees to waive all claims and causes of action against the Consultant for claims by Client or its contractors relating to the identification, removal, relocation, or restoration of utilities, or damages to underground improvements resulting from subsurface penetration locations established by the Consultant. ARTICLE 21 – ACCESS TO SITE Client shall arrange and provide such access to the site as is necessary for Consultant to perform the work. ARTICLE 22 - SAMPLE DISPOSAL All environmental samples (“Samples”) collected by Consultant are sent to and analyzed by a third-party laboratory, and all such Samples shall be disposed of according to the third-party laboratory’s policies. ARTICLE 23 – EXPERT WITNESS AND SUBPOENA FEES Consultant shall not be retained as an expert witness except by separate, written agreement. The Client agrees to pay Consultant’s costs to respond to any subpoena related to the work performed under this Agreement, including attorneys’ fees and administrative costs. Article 24 – FIDUCIARY RELATIONSHIP Client agrees that this neither Agreement nor the services Consultant is providing under this Agreement creates a fiduciary relationship between Consultant and Client. CITY OF HUGO PARKS COMMISSION REPORT TO: Bryan Bear, City Administrator FROM: Shayla Denaway, Parks Planner SUBJECT: Construction Payment Request #13 Lions Park Pavilion Schreiber Mullaney Construction DATE: September 15, 2022 for the City Council meeting of September 19, 2022 1. BACKGROUND: Please find the enclosed application for payment for the City of Hugo Lions Park Pavilion in the amount of $32,519.10. 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 $27,352.63. The change order was for nine items including $15,284.32 for adjustments to the south window heights. Other items included furnace pads, signage changes, hardware changes, fire extinguisher cabinets, and baby changing stations. This is the fourth change order. The change orders total $119,574.42. The revised contract amount is $3,142,464.42 and is within the contingency estimate. This is the thirteenth payment request and the amount indicated above reflects the work certified through August 31, 2022. A 5% retainage is applied and the total retainage being held for the project to date is $156,909.46 2. RECOMMENDATION: Staff recommends the City Council approve payment request #13 in the amount of $32,519.10 to Schreiber Mullaney Construction. APPLICATION AND CERTIFICATION FOR PAYMENT CUSTOMER: City of Hugo PROJECT: Hugo Public Works Facility APPLICATION NO: 2 Distribution Via Email: 14669 Fitzgerald Ave. N. Hugo, MN 55038 8220 140th St N Hugo, MN 55038-9447 INVOICE NO: 49760 □ OWNER □ ARCHITECT PERIOD TO: 8/31/2022 □ CONTRACTOR CONTRACTOR: Peterson Companies, Inc. VIA ARCHITECT: □ 8326 Wyoming Trail Chisago City, MN 55013 PROJECT NO: 22075 □ CONTRACT FOR: CONTRACT DATE: 5/25/2022 CONTRACTOR’S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. The undersigned Contractor certifies that to the best of the Contractor’s Knowledge, Continuation Sheet Page 2, is attached. information and belief the Work covered by this Application for payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certificates for Payment were issued and payments received from the Owner, and that current payment shown herein is now due. 1. ORIGINAL CONTACT SUM $ 122,991.00 2. Net change by Change Orders -12,933.00 CONTRACTOR: Peterson Companies, Inc. 3. CONTRACT SUM TO DATE (Line 1±2) 110,058.00 4. TOTAL COMPLETED & STORED TO By: ________________________________________ Date: ___________________ DATE (Column G on G703) 110,058.00 5. RETAINAGE: State of: MN County of: Chisago a. On Completed Work $ 0.00 Subscribed and sworn to before me this ________ day of __________________ (Column D + E on G703) Notary Public: b. On Stored Material 0.00 My Commission Expires: (Column F on G703) Total Retainage (Line 5a + 5b or ARCHITECT’S CERTIFICATE FOR PAYMENT Total in Column I of G703) 0.00 In accordance with the Contract Documents, based on on-site observations and the data 6. TOTAL EARNED LESS RETAINAGE 110,058.00 comprising the application, the Architect certifies to the Owner that to the best of the (Line 4 less Line 5 Total) Architect’s knowledge, information and belief the Work has progressed as indicated, 7. LESS PREVIOUS CERTIFICATES FOR 107,280.70 the quality of the Work is in accordance with the Contract Documents, and the Contractor PAYMENT (Line 6 from prior Certificate) is entitled to payment of the AMOUNT CERTIFIED. 8. CURRENT PAYMENT DUE 2,777.30 Amount Certified $ _______________________ 9. BALANCE TO FINISH, INCLUDING RETAINAGE 0.00 (Line 3 less Line 6) (Attach explanation if amount certified differs from the amount applied. Initial all figures on this Application and on the Continuation Sheet that are changed to conform to the amount certified.) Change Order Summary Additions Deductions CONSTRUCTION MANAGER: Total Changes approved in previous months by Owner: 18,764.00 31,697.00 BY: ______________________________________________ Date: ____________________ Total approved this Month 0.00 0.00 ARCHITECT: NET CHANGES by Change Order $ -12,933.00 BY: ______________________________________________ Date: ____________________ This certificate is not negotiable. The Amount Certified is payable only to the contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the CRITL Owner of Contractor under this Contract. 8/22/22 22 August 2022 1/31/24 CONTINUATION SHEET Project: Hugo Public Works Facility Page 2 Application and Certification for Payment Application No: 2 containing contractor’s signed Certification is attached. Application Date: 8/22/2022 In tabulations below, amounts are stated to the nearest dollar. Period To: 8/31/2022 Use Column I on Contracts where variable retainage for line items may apply. Project No: 22075 A B C D E F G H I Item Description of Work Scheduled Work Completed Materials Total % Balance Retainage No. Value Previous Application This Period Presently Stored (Not in D or E) Completed and Stored to Date (D+E+F) (G / C) To Finish (C – G) 1 Irrigation 35,748.00 35,748.00 0.00 0.00 35,748.00 100 0.00 0.00 2 Landscaping 55,546.00 52,768.70 2,777.30 0.00 55,546.00 100 0.00 0.00 3 Sod 0.00 0.00 0.00 0.00 0.00 *** 0.00 0.00 CO1 Seeding 18,764.00 18,764.00 0.00 0.00 18,764.00 100 0.00 0.00 Totals 110,058.00 107,280.70 2,777.30 0.00 110,058.00 100 0.00 0.00 September 19, 2022 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 121st Street North and Acres of Bald Eagle Utility and Street Improvements Adopt Assessment WSB Project No. 018363-000 Dear Mayor and Council, On September 21, 2021, the Council accepted bids and awarded a contract for construction of the 121st Street and Acres of Bald Eagle Utility and Street Improvements between Everton Avenue and Falcon Avenue. The project improvements included extension of sanitary sewer and watermain to serve the Acres of Bald Eagle development, including storm sewer and street construction. The developer is responsible for the costs associated with the Acres of Bald Eagle, which includes surface and drainage improvements of 121st Street. The development costs are not considered as part of this assessment but are paid by the developer under separate agreement. The existing properties along 121st Street North and Falcon Avenue North benefit from the extension of sanitary sewer services and water services to their individual lots. At the August 15, 2022 regular Council meeting, the Council adopted a resolution declaring costs to be assessed for the 121st Street North and Acres of Bald Eagle Utility and Street Improvements Project and scheduled the assessment hearing on the proposed assessments for September 19, 2022. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. As part of the assessment hearing, staff will provide a PowerPoint presentation identifying the improvements, costs and detail payment options. Staff recommends the Mayor and Council hold the hearing on proposed assessment, hear all comments for those requesting to be heard, and consider approval of the resolution adopting assessments for the 121st Street North and Acres of Bald Eagle Utility and Street Improvements after closing the hearing. Staff has prepared a resolution adopting the assessments for the 121st Street North and Acres of Bald Eagle Utility and Street Improvements Project in accordance with the requirement of state statutes Chapter 429 for assessments to benefitting properties. A copy of the assessment roll is attached for your reference. Honorable Mayor and City Council September 19, 2022 Page 2 If you have any questions or items you wish to discuss, you can contact me at 612.360.1278. 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 RESOLUTION NO. 2022 - RESOLUTION ADOPTING ASSESSMENTS FOR THE 121ST STREET NORTH AND ACRES OF BALD EAGLE UTILITY AND STREET IMPROVEMENT PROJECT WHEREAS, pursuant to proper notice duly given as required by law, the council has met and heard and passed upon all objections to the proposed assessment against abutting property generally located 121st Street North between Everton Avenue North and Falcon Avenue North. The improvements include extension of sanitary sewer services and water services to existing properties along 121st Street North and Falcon Avenue North as part of the Acres of Bald Eagle development improvements. NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo, Minnesota, as follows: 1. Such assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January 2023 and shall bear interest at the rate of 4.25 percent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 2023. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the city finance director, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of this resolution; and the owner may, at any time thereafter, pay to the city finance director the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the next succeeding year. 4. The city clerk shall forthwith transmit a certified duplicate of this assessment to the county auditor to be extended on the property tax lists of the county. Such assessments shall be collected and paid over in the same manner as other municipal taxes. Upon roll call, the following members voting AYE: Upon roll call, the following members voting NAY: Whereupon said resolution was declared passed and adopted this 19th day of September, 2022. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Cler 121ST STREET AND ACRES OF BALD EAGLE UTILITY & STREET IMPROVEMENTS 8/16/2022 CITY OF HUGO 018363-000 Map ID PIN STREET AMOUNT STORM SEWER AMOUNT WATER/SEWER SERVICE ASSESSMENT WATERMAIN AMOUNT SANITARY SEWER AMOUNT TOTAL AMOUNT 1 3103121430026 4859 121ST ST HUGO MN SAX JODIE & EUGENE 4859 121ST ST WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 2 3103121430025 4893 121ST ST HUGO MN MICHEL RICHARD J 4893 121ST ST WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 3 3103121430017 4895 121ST ST HUGO MN HALVERSON RICHARD B & EMILY 9060 245TH AVE NE STACY, MN 55079 $9,442.97 $9,442.97 5 3103121430013 4995 121ST ST N HUGO MN SCHOELLER GERALD J & JUDITH 4995 121ST ST N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 6 3103121430010 5011 121ST ST N HUGO MN PRINSEN WILLIAM H & MARY 14903 GLENBROOK AVE N HUGO MN 55038 $9,442.97 $9,442.97 7 3103121440005 12084 FALCON AVE N HUGO MN RADTKE SCOTT A & ADELA 12084 FALCON AVE N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 8 3103121440004 12116 FALCON AVE N HUGO MN SAMES THOMAS J 12116 FALCON AVE N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 9 3103121440002 12160 FALCON AVE N HUGO MN DEGNAN RICHARD P & CYNTHIA J 12160 FALCON AVE N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 10 3103121440003 12200 FALCON AVE N HUGO MN DEGNAN MYRNA K 12200 FALCON AVE N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 14 3103121430005 4898 121ST ST N HUGO MN MARKESON JOHANNA 4898 121ST ST N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 15 3103121430008 4852 121ST ST N HUGO MN LAWRENCE STEVEN & BETH SULLIVAN 4852 121ST ST N WHITE BEAR LAKE MN 55110 $9,442.97 $9,442.97 $103,872.67 Final Assessment Roll WSB Project: Project Location: WSB Project No. : PROPERTY ADDRESS 121ST STREET PROPERTY OWNER/ADDRESS TOTAL 121ST STREET ASSESSMENTS 19/15/2022 2:07 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30September 2022Su Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31October 2022September 2022Aug 28293031Sep 12345678910Labor Day (United States)7:00pm City Council3:00pm PW Grand Opening (8220 140th St.) 6:30pm BOZA7:00pm Planning Comm1:30pm Dream of Wild Health (16085 Jeffrey Ave.) 8:00am Fall Cleanup8:00am Training Burn (16345 Everton Ave. N.) 111213141516177:30am HBA Breakfast (Blue Heron) 6:30pm Mayor candidate forum (Hugo Council Chambers)3:00pm Jodi G. Retirement (Rice Lake Centre) 181920212223247:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm11:00am Royal Credit Union Ribbon Cutting3:00pm Lions Pk Grand Opening (Lions Park) 6:30pm BOZA7:00pm Planning Comm9:00am Kidz n Biz (Oneka Elementary)252627282930Oct 16:00pm Birch Tree PondsNeighborhood (Oneka Room)SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 29/15/2022 2:07 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31October 2022Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30November 2022October 2022Sep 252627282930Oct 110:00am Bus tour23456786:00pm Council Photos (Counicl Chambers)7:00pm City Council12:45pm Liberty Academy Ribbon Cutting (10158 122ndSt)11:00am Fire Dept OpenHouse9101112131415Columbus Day (United States)6:30pm BOZA7:00pm Planning Comm161718192021227:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm232425262728296:30pm BOZA7:00pm Planning Comm3031Nov 12345Halloween (United States)SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 39/15/2022 2:07 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30November 2022Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29 30 31December 2022November 2022Oct 3031Nov 1234567891011127:00pm City CouncilElection Day (United States)6:30pm BOZA7:00pm Planning CommVeteran's Day (United States)131415161718195:00pm Board of Canvass (Council Chambers)5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm202122232425267:00pm City CouncilThanksgiving Day (United States)6:30pm BOZA7:00pm Planning Comm27282930Dec 123SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY