HomeMy WebLinkAbout2023.05.01 Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. April 17, 2023, City Council Meeting
2. April 17, 2023, City Council Executive Session
3. April 19, 2023 Metro Cities Annual Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Hugo Good Neighbor Days – Lions Member Jerry Torgerson
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 Parks Planner Shayla Denaway
3. Approve Resignation of Hugo Firefighter Trevor Legros
4. Approve Donation from the Hugo American Legion to the Hugo Fire Department
5. Approve Special Event Permit for the MS 150 on June 11, 2023
6. Approve the Special Event Permit for Spring and Fall Outdoor Services at New Life
Church
7. Approve Special Event Permit for the Military Rodeo on August 25-26, 2023
8. Approve Temporary On-Sale Liquor License for the Hugo American Legion for the
Military Rodeo on August 25-26, 2023
9. Approve Temporary On-Sale Liquor License for the Hugo Lions Club for Good
Neighbor Days on June 9-11, 2023
10. Approve Amendments to Solid Waste Ordinance Limiting Licensed Refuse Haulers
11. Approve Water Reuse Agreement and Public Drainage and Utility Easement Agreement
for Hugo Gardens
12. Approve Water Reuse Agreement for Keystone Place
13. Approve Temporary Easement Agreement with Industrial Utilities
14. Approve 2023 Dust Control Project
Mayor:
Tom Weidt
Councilmembers:
Becky Petryk, Ward 1
Phil Klein, Ward 2
Dave Strub, Ward 3
Mike Miron, Council at Large
City Council Agenda
Monday, May 1, 2023
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Vacation of Road Easement – Rice Lake Reserve 3rd Addition
I. UNFINISHED BUSINESS
1. Approve Resolution Approving Rice Lake Reserve 3rd Final Plat and Development
Agreement
J. NEW BUSINESS
1. Nothing Scheduled
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Schedule Performance Review for City Administrator
2. Schedule Bernin Park Community Meeting on Tuesday, June 27, 2023 at 5-7 p.m.
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON MAY 1, 2023
D.1 Approve Minutes for the April 17, 2023, City Council Meeting
D.2 Approve Minutes for the April 17, 2023, City Council Executive Session
D.3 Approve Minutes for the April 19, 2023 Metro Cities Annual Meeting
Staff recommends Council approve the above minutes as presented.
F.1 Hugo Good Neighbor Days – Lions Member Jerry Torgerson
The Hugo Lions Club will be holding their annual Hugo Good Neighbor Days Community
Festival June 8-11, 2023, at the Hanifl Fields and Shelter. This will be the second year the event
is held in that location. New this year is Ax throwing and a presentation from the MN Raptor
Center. Lions Member Jerry Torgerson will be in attendance to answer any questions the
Council may have and will request the Council co-sponsor the event by waiving the Special
Event Permit fee and providing Washington County deputies to be present during the event, as in
the past.
G. 1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Parks Planner Shayla Denaway
Shayla Denaway was hired on May 11, 2009, as the Economic Development/Parks Intern. On
May 3, 2010, Council approved promoting Shayla as the new Parks Planner. Community
Development Director Rachel Juba recommends approval of the annual performance review for
Parks Planner Shayla Denaway.
G.3 Approve Resignation of Hugo Firefighter Trevor Legros
Trevor Legros joined the Hugo Fire Department in November, 2016. Trevor has submitted his
resignation due no longer being able to fulfill the requirements of a firefighter. Staff
recommends Council approve the resignation of Firefighter Trevor Legros from the Hugo Fire
Department.
G.4 Approve Donation from the Hugo American Legion to the Hugo Fire Department
The Hugo American Legion is requesting to donate $1,000 to the Hugo Fire Department from
pull-tab proceeds for equipment and training. All donations to the Fire Department must be
approved by the Council. Staff recommends Council approve the donation of $1,000 to the
Hugo Fire Department.
G.5 Approve Special Event Permit for the MS 150 on June 11, 2023
The Multiple Sclerosis Society has applied for a Special Event Permit (SEP) for their annual
fundraising bicycle event to be held on June 10-11, 2023, from Proctor, MN to White Bear Lake,
MN. On the second day of the ride, bikers will be traveling south through Hugo, primarily on the
Hardwood Creek Trail and Highway 61. Council must approve SEPs where there is expected to
be over 200 people in attendance. The MS 150 will have approximately 2,100 riders. Staff
recommends Council approve the SEP as described in their application in addition to conditions
in the SEP memo.
G.6 Approve the Special Event Permit for Spring and Fall Outdoor Services at New Life
Church
David Streitz on behalf of New Life Church has applied for a Special Event Permit to hold
outdoor events on Sunday, June 11 and a Sunday in the fall (date not yet determined) on
their property at 6000 148th Street North. A Special Event Permit is required because they
are using an amplified sound system during the event. Both spring and fall events will
include a free outdoor service held from 9-10:30 a.m. followed by a picnic from noon-4 p.m.
Approximately 100 people are expected to attend. The event will include a potluck and
games. Amplified sound will be used for the service and possibly for games during the
picnic. There may also be 1-2 small canopy tents set up for the event. The fall event may
include a small band and hayrides around the property. Staff recommends Council approve
the Special Event Permit for New Life Church for outdoor events on June 11 and a Sunday
in the fall to be determined.
G.7 Approve Special Event Permit for the Military Rodeo on August 25-26, 2023
Freddie Waltz from Veterans Up North Rodeo, Inc. has applied for a Special Event Permit to
hold a Military Rodeo at the Dead Broke Arena, 5676 170th Street North. This is a two-day
military rodeo event on August 25 and 26, 2023. Approximately 90 military rodeo athletes and
1,500 - 3,000 spectators are expected to attend. This event will be held entirely on the Ramberg
property (Dead Broke Arena) and will be a competition consisting of six rodeo events taking
place between 7:00 p.m. – 9 p.m. each day. There will be local vendors between 5 p.m. – 9 p.m.,
and food and alcohol will be served. Hugo City Code requires a Special Event Permit approved
by Council for any event that expects over 200 people in attendance, serves alcohol, and includes
amplified music or sound. Staff recommends Council approve the Special Event Permit for the
Military Rodeo on August 25 and 26, 2023, as described in their application in addition to
conditions in the SEP memo.
G.8 Approve Temporary On-Sale Liquor License for the Hugo American Legion for the
Military Rodeo on August 25-26, 2023
The Hugo American Legion has applied for a Temporary On-Sale Liquor License to serve beer
at the Military Rodeo at the Dead Broke Arena on August 25 and 26. The Legion has paid the
fee and submitted the appropriate Certificate of Insurance for the event. Staff recommends
Council approve the On-Sale Liquor License for the Hugo American Legion for the Military
Rodeo.
G.9 Approve Temporary On-Sale Liquor License for the Hugo Lions Club for Good
Neighbor Days on June 9-11, 2023
The Hugo Lions Club has applied for a Temporary On-Sale Liquor License to serve alcohol at
the Hugo Good Neighbor Days on June 9-11, 2023. The Lion Club has paid the fee and
submitted the appropriate Certificate of Insurance for the event. Staff recommends Council
approve the On-Sale Liquor License for the Hugo Lions for Good Neighbor Days.
G.10 Approve Amendments to Solid Waste Ordinance Limiting Licensed Refuse Haulers
Currently, Hugo City Code allows for seven licensed refuse haulers, and up until this year, all
seven licenses had been issued. Waste Management purchased SRC, dba Forest Lake Sanitation
at the end of last year, so SRC did not reapply for a 2023 license. This reduced the number of
licenses issued to six. In the past, the City Council has expressed interest in reducing the wear on
public infrastructure caused by multiple garbage trucks traveling on the same streets. Staff feels
it is appropriate at this time through attrition to reduce the number of licenses issues to three. If a
currently issued license is not renewed or is revoked, a new license would not be issued unless
there are no more than two licenses in effect at such time a new license is applied for. Staff
recommends Council approve the ordinance amending the Solid Waste Ordinance to reduce the
number of hauler licenses issued by the City to three.
G.11 Approve Water Reuse Agreement and Public Drainage and Utility Easement
Agreement for Hugo Gardens
The City of Hugo has successfully built the water reuse infrastructure as part of the CSAH 8
water reuse project that also brings stormwater for irrigation purposes to Hugo Gardens,
Keystone Place, Lions Park, City Hall and portions of 147th Street. The Hugo Gardens
development needed to construct a portion of the trunk water reuse line outside of the public
drainage and utility easements identified in the final plat. Staff recommends approving the
drainage and utility easement to reflect the actual location of the pipe. Staff is also
recommending approval of the Water Reuse License Agreement with Premier Hugo MN, LLC
and AFLP Hugo, LLC, subject to review by City Attorney, Dave Snyder.
G.12 Approve Water Reuse Agreement for Keystone Place
The City of Hugo has successfully built the water reuse infrastructure as part of the CSAH 8
water reuse project that also brings stormwater for irrigation purposes to Hugo Gardens,
Keystone Place, Lions Park, City Hall and portions of 147th Street. Staff recommends approval
of the Water Reuse License Agreement with Hugo Senior Housing, LLC, subject to review by
City Attorney, Dave Snyder. This will allow them to connect to the stormwater reuse system and
begin irrigating with stormwater.
G.13 Approve Temporary Easement Agreement with Industrial Utilities
As M/I Homes continues with plans for the Roundabout at 159th Street and TH 61, Industrial
Utilities has expressed some concerns related to their singular access that is proposed to be
replaced with another access further to the south onto TH 61 and another added along 159th
Street. These concerns were raised with the developer and staff had developed a Letter
Agreement that ensures that the developer will add fencing and rolling gates for security
purposes, install sewer and water services into the property, construct the two access points,
connect these access points to their existing parking lot, 159th be designed for a 10-ton standard
without limitations during spring road restrictions and add signage for pedestrians at their
entrance location that crosses a trail for safety purposes. Staff has also prepared temporary
easement documents allowing this work to take place. Staff recommends Council approve the
letter agreement and temporary easements subject to City Attorney review.
G. 14 Approve 2023 Dust Control Project
The City of Hugo currently applies dust control to approximately 23 miles of gravel roads located
within its municipal boundaries. The City’s 2023 General Budget has accounted for a dust control
project in 2023. Quotes for dust control were received and opened on April 21, 2023. The
following prices were received: Northern Salt Inc. - $1.278/gallon and Envirotech Services -
$1.32/gallon. The total amount expected for the project is $136,882.45. Staff recommends Council
approval of a contract with Northern Salt Inc. in the amount of $136,882.45 for the 2023 Dust
Control Project.
H.1 Public Hearing on the Vacation of Road Easement – Rice Lake Reserve 3rd Addition
M/I Homes, is requesting a vacation of the existing public road easement located over on a
portion of the property proposed to be developed as Rice Lake Reserve 3rd Addition. New road
right-of-way will be dedicated on the property in lieu of the easements at time the final plat is
recorded. Staff is comfortable with the applicant’s request to vacate the public road easements.
Staff recommends that the City Council approve the notice to vacate the public road easement
located over a portion of the property proposed for the Rice Lake Reserve 3rd Addition
development.
I.1 Approve Resolution Approving Rice Lake Reserve 3rd Final Plat and Development
Agreement
M/I Homes, is requesting approval of a final plat to be known as “Rice Lake Reserve 3rd
Addition” in order to plat 20 lots on property located north of Egg Lake Road (CSAH 8) and east
of Goodview Avenue, which will develop the last phase of the Rice Lake Reserve preliminary
plat and PUD. The lots meet the minimum lot standards and requirements outlined in the
regulations for the Rice Lake Reserve PUD. Staff recommends approval of the resolution
approving the Final Plat and Development Agreement for Rice Lake Reserve 3rd Addition,
subject to review and approval by the City Attorney.
M.1 Schedule Performance Review for City Administrator
Bryan Bear has been employed with the City since May 3, 2004. Bryan served as the
Community Development Director until being appointed the City Administrator on November,
7, 2011. Staff requests Council schedule the annual performance review for City Administrator
Bryan Bear. Staff recommends scheduling the performance review for Monday, June 5, 2023, at
6 p.m. prior to the regular Council meeting at 7 p.m.
M.2 Schedule Bernin Park Community Meeting on Tuesday, June 27, 2023 at 5-7 p.m.
At the meeting of April 19, 2023, the Parks Commission set a date for a community meeting to
review the approved master plan for the Bernin property. The meeting will be held on Tuesday,
June 27 in the Oneka Room at City Hall. Residents will be invited to attend an informational
presentation at 5:30 pm followed by an open house until 7:00 pm. A proposal was approved by
Council at the March 20, 2023 meeting, from WSB and Associates, to render the 2004 master
plan for the property. The Oneka Lake Park amenities and other minor changes were included,
and the master plan is ready for review by the public. Staff recommends Council schedule a
meeting if they choose to attend.
N. Adjournment
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, April 17, 2023
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call
COUNCIL PRESENT: Klein, Miron, Strub, Weidt
COUNCIL ABSENT: Petryk
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele
Lindau
Approval of Minutes for April 3, 2023, City Council Meeting
Klein made motion, Strub seconded, to approve the City Council minutes for the meeting held on
April 3, 2023, as presented.
All Ayes. Motion carried.
Approval of Minutes for the April 5, 2023, Highway 61 Visioning Open House
Miron made motion, Klein seconded, to approve the minutes from the Highway 61 Visioning
Open House held on April 5, 2023, as presented.
All Ayes. Motion carried.
Approval of Minutes for the April 6, 2023, Local Board of Appeal and Equalization
Klein made motion, Miron seconded, to approve the minutes from the Local Board of Appeal
and Equalization held on April 6, 2023, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Klein seconded, to approve the agenda as amended by adding approval of a
Lawful Gambling Permit for Chain of Lakes Rotary Fundraiser.
All Ayes. Motion carried.
Council Meeting Minutes for April 17, 2023
Page 2 of 6
Hugo Yellow Ribbon Network – Chair Chuck Haas
Hugo Yellow Ribbon Network Chair Chuck Haas provided Council an update. Haas had several
slides he presented showing recent activities. Those activities included Burger Night, creation of
their new flag, and packing events. The YRN is getting a lot of requests for assistance including
the need for donations for a first child and help installing a hot water heater. Packing events are
still taking place. A young girl collected care package items in her neighborhood, and an Eagle
Scout is doing a packing event for his project. Students of the Forest Lake Rotary will be putting
together care packages again this year, and there will be a packing event on Sunday. Haas
showed a photo of three Forest Lake School teachers who recently took the Winter Plunge
through the Forest Lake Rotary to raise funds for the YRN. This month’s Burger Night Sponsor
is the Royal Credit Union.
Approval of the Consent Agenda
Miron made motion, Strub seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Hiring of Public Works Seasonal Employees
3. Approve Six-Month Extension for Administrative Intern Joe Hinzman
4. Approve Donation for Bayport American Legion to the Hugo Fire Department
5. Approve Temporary Liquor License for the Chain of Lakes Rotary for Fundraiser
Event on May 6, 2023
6. Approve Special Event Permit for the Blacksmith Lounge for 2023 Events
7. Approve Preparation of Plans and Specifications for Lift Station No. 12
8. Approve Personnel Policy Amendments for the Fire Department
9. Approve Lawful Exempt Gambling Permit for Chain of Lakes Rotary for Fundraiser
Event on May 6, 2023
10. Approve Lawful Gambling Exempt Permit for Chain of Lakes Rotary for Fundraiser
Event on May 6, 2023
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Hiring of Public Works Seasonal Employees
Staff had requested Council approval to hire seasonal employees for the Public Works
Department. In the 2023 General Fund Budget, Council approved funding for six seasonal
employee positions. There were three seasonal workers (Martin Jorgenson, Sam Nelson and
Madison Siebenaler), who would be returning from last year. Staff had interviewed new potential
hires and recommended approval of three new seasonal employees. Seasonal Public Works
Council Meeting Minutes for April 17, 2023
Page 3 of 6
Employees assist with mowing, garbage/litter removal, park maintenance, boulevard maintenance
and general public works maintenance. Adoption of the Consent Agenda approved the hiring of
seasonal employees as follows: Martin Jorgenson (return), Madison Siebenaler (return), Sam
Nelson (return), Alex Lohmann (new), Adler Siebenaler (new), and William Heise (new).
Approve Six-Month Extension for Administrative Intern Joe Hinzman
At its October 17, 2022, Council meeting, Council approved the hiring of Joe Hinzmen as the
new Administrative Intern with a start date of October 24, 2022. Intern positions were typically
for six-months, and staff requested to extend his position for another six months. Adoption of
the Consent Agenda approved a six-month extension for Administrative Intern Joe Hinzman
until October 24, 2023, at $19.25 per hour.
Approve Donation for Bayport American Legion to the Hugo Fire Department
The Bayport American Legion had requested to donate $5,000 to the Hugo Fire Department
from pull-tab proceeds for equipment and training. All donations to the Fire Department needed
to be approved by the Council. Adoption of the Consent Agenda approved the donation of
$5,000 to the Hugo Fire Department.
Approve Temporary Liquor License for the Chain of Lakes Rotary for Fundraiser Event
on May 6, 2023
The Chain of Lakes Rotary had applied for a temporary on-sale liquor license to serve beer at
their fundraising event on Saturday, May 6, 2023, to be held at the Pete Pedersen Pavilion. The
applicant had paid the required fee and provided a certificate of insurance. Adoption of the
Consent Agenda approved the temporary liquor on-sale liquor license for the Chain of Lakes
Rotary.
Approve Special Event Permit for the Blacksmith Lounge for 2023 Events
The Blacksmith Lounge, 17205 Forest Boulevard North, had applied for a Special Event Permit
for their 2023 events to be held between Memorial Day and end of September. Events included
four auctions, seven car shows, one motorcycle swap meet, and one fundraising event. A SEP
approved by Council was required because there would be alcohol served outside and there may
be up to 200 people in attendance. Adoption of the Consent Agenda approved the Special Event
Permit for the Blacksmith Lounge.
Approve Preparation of Plans and Specifications for Lift Station No. 12
Lift Station No. 12 would be in the northwest portion of the proposed Oneka Prairie
Development. Since the Oneka Prairie project did not have a recorded final plat, the City asked
for and received a permanent drainage and utility easement for the lift station area to ensure that
if the City goes through the design process it could construct the lift station at this location even
Council Meeting Minutes for April 17, 2023
Page 4 of 6
if the development did not move forward. This lift station would also serve as a regional lift
station and receive wastewater from the ultimate development of the N-1 sewershed of the City’s
2040 Comprehensive Wastewater Plan and beyond. Therefore, the lift station needed to be
designed for both the initial flow conditions and the ultimate maximum flow conditions of the
regional sewer-shed. It was not only necessary to serve the Oneka Place development, but the
entire area south of Elmcrest Avenue and south of 165th Street as outlined in the 2040
Comprehensive Plan. At a high level, staff had reviewed the potential of increasing the service
area of this lift station to include a portion of P1 (area north of 165th Street) to make the
properties easier to develop. Adding in this service area would allow the properties to extend
water and sewer from the south, rather than water from the south and sewer from the
north. Downstream sewer analysis had been evaluated and the system could accommodate this
additional service area. Staff recommended including this additional service area for the design
of Lift Station No. 12. As outlined in the City’s sewer rate justification report, trunk sanitary lift
stations were to be paid for and constructed by the City of Hugo. Preliminary project cost
estimates were estimated to be in the $600,000-$650,000 range. Adoption of the Consent
Agenda approved authorization to proceed with preparation of plans and specifications.
Approve Personnel Policy Amendments for the Fire Department
The Hugo Fire Department had requested changes to the City’s personnel policy. The proposed
revisions included changes to the probationary period, attendance, drug/alcohol use, and dress
code sections of the personnel policy. Adoption of the Consent Agenda approved the requested
personnel policy changes.
Approve Lawful Gambling Exempt Permit for Chain of Lakes Rotary for Fundraiser
Event on May 6, 2023
City Administrator Bryan Bear added this to the agenda for Council approval of a Lawful
Gambling Exempt Permit for the Chain of Lakes Rotary to hold raffles during their fundraiser
event on May 6, 2023. Gambling permits must be approved by the City before being sent to the
State for approval. Adoption of the Consent Agenda approved the Lawful Gambling Permit for
the Chain of Lakes Rotary.
Update on Cleanup Dates
City Administrator Bryan Bear provided a reminder that the Citywide Clean Up event was scheduled
for Saturday, May 6 from 8 a.m. to Noon at the Hugo Public Works Facility. The Washington
County hazardous waste event would be held at the Forest Lake Transit Center on the same day.
This would be the only cleanup event held this year.
Klein asked about a drop off location for leaves and branches. Bear replied that the compost site
was still open on 170th Street.
Council Meeting Minutes for April 17, 2023
Page 5 of 6
Reminder – Metro Cities Annual Meeting on April 19, 2023
City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the
Metro Cities Annual Meeting on April 19, 2023, at the Roseville Skating Center from 5-7 p.m.
Executive Session-McCullough v. City of Hugo
City Attorney Dave Snyder recommended Council adjourn to Executive Session as permitted by
Minn. Stat. § 13D.05, subd. 3(b) for the purpose of providing legal advice regarding pending
litigation in the matter Ryan McCullough v. City of Hugo.
Weidt made motion, Klein seconded, to recess the open meeting and enter into Executive
Session at 7:15 p.m.
All Ayes. Motion carried.
Miron made motion, Klein seconded to enter back into regular open session at 7:53 p.m.
All Ayes. Motion carried.
City Attorney Dave Snyder explained the Council met in Executive Session to discuss pending
or threatened litigation in the matter of Ryan McCullough v. City of Hugo. The Council met
under the exemption to the Open Meeting Law under the recommendation of the City Attorney.
He had presented Council with a proposed Severance Settlement Agreement and Release of
Claims. This came with a recommendation from the City Attorney to approve this agreement
that would result in making certain payments to McCullough in connection with alleged conduct
of a former employee. Present in the executive session in addition to Council were: City
Administrator Bryan Bear, City Attorney Dave Snyder, Public Works Director Scott Anderson,
City Clerk Michele Lindau, League of Minnesota Cities Defense Attorney Hannah Felix, and
League of Minnesota Cities Insurance Trust Claims Adjuster Joseph Neubauer. The City
Attorney requested Council make a motion to approve the Severance and Settlement Agreement
and Release of Claims relating to Ryan McCullough pursuant to modifications and finalization
steps to be taken by the City Administrator.
Weidt made motion, Klein seconded, to approve the motion as stated by the City Attorney.
Roll call vote:
Ayes: Klein, Miron, Strub, Weidt
Nays: None
Motion carried.
Council Meeting Minutes for April 17, 2023
Page 6 of 6
Adjournment
Miron made motion, Klein seconded, to adjourn at 7:56 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
MINUTES
City Council-Metro Cities Annual Meeting
Roseville Skating Center Rose Room
Wednesday, April 19 , 2023
5-7 p.m.
COUNCIL PRESENT: Miron, Strub, Weidt
COUNCIL ABSENT: Klein, Petryk
Council attended the Metro Cities Annual Meeting held in the Roseville Skating Center Rose
Room. Guest speaker was State Demographer Dr. Susan Brower who presented demographic
trends for Minnesota’s economy, workforce, education, health, immigration, and population.
Respectfully Submitted,
Bryan J. Bear
City Administrator
City of Hugo Claims
May 1, 2023 G. 1
Vendor Invoice Amount Description Department
Alex Air Apparatus Inc 6755 300.00$ Air Compressor Repair Fire Dept
Allstream 19426873 137.59$ Fax Lines Administration
Anderson, Scott CLAIM 15.00$ Fuel - Unit #101-08 (Big Marine Store) Public Works
Aspen Mills 311915 343.54$ Class A Uniform & Boots Fire Dept
AutoNation Inc 311004 255.98$ Parts - Unit #103-11 Parks Dept
AutoNation Inc 312754 663.15$ Parts - Unit #103-11 Parks Dept
AutoNation Inc CM311004 (255.98)$ Parts - Unit #103-11 (Returned) Parks Dept
Century Link 651 429-3212 72.97$ Fire Station Phone Lines Fire Dept
Cintas Corporation 5154276955 88.29$ First Aid Supplies Gen Gov't Bldgs
Cintas Corporation 5154276955 87.20$ First Aid Supplies Public Works
CivicPlus 257572 424.54$ Supplement Pages City Clerk
CivicPlus 257918 1,590.00$ CivicRec Room Rental Software Address Config. Upgrade Various
Comcast 4/12/2023 25.21$ Business Cable (thru May 21) Administration
Custom Truck One Source 2023002116012 188.36$ Parts - Unit #209-13 Sewer Utility
Dalco 4074479 203.35$ Floor Cleaning Supplies Various
Dalco 4075410 308.05$ Floor Cleaning Supplies Various
Dell Marketing LP 10665040810 3,387.30$ Laptop Computers Docking Stations & Monitors Various
Emergency Apparatus Maintenance Inc 127351 687.27$ NFPA Pump Test & Foam System Service - #7104-18 Fire Dept
Emergency Apparatus Maintenance Inc 127352 725.59$ NFPA Pump Test & Repairs - Unit #7103-08 Fire Dept
Emergency Automotive Technologies Inc OAK23001 7,256.85$ Light System & Mounts - Unit #6109 (Partial) Fire Dept
Forest Lake Napa March 2,542.79$ Auto Parts and Shop Supplies Various
ICMA Membership Renewals 446204 1,200.00$ ICMA Membership Dues - Bryan Bear Administration
InnoGraphics Design Group 3816 640.00$ Spring Newsletter Design Misc Unallocated
Innovative Office Solutions LLC IN4156490 35.59$ Wall Clock & Batteries (Oneka Room) Gen Gov't Bldgs
Innovative Office Solutions LLC IN4156494 147.00$ Planners, Dry Erase Boards, Markers & Poster Strips Public Works
Innovative Office Solutions LLC IN4168529 34.02$ Folders Administration
Innovative Office Solutions LLC IN4168530 34.02$ Folders Administration
Innovative Office Solutions LLC IN4177339 138.97$ Copy Paper Administration
Innovative Office Solutions LLC IN4177339 96.97$ Index Tabs and Adding Machine Rolls Administration
Innovative Office Solutions LLC IN4177339 32.89$ Trash Can Liners Gen Gov't Bldgs
Innovative Office Solutions LLC SCN-120332 (163.45)$ Sit/Stand Workstation (Returned) Administration
John Deere Financial 9518682 84.32$ Parts - Unit #314-16 Street Dept
Kath Fuel Oil Service Co. 769333 94.76$ Bulk Lubricants Public Works
L.T.G. Power Equipment 275866 37.66$ Parts - Unit #344-20 Parks Dept
L.T.G. Power Equipment 276022 174.60$ Parts - Unit #344-20 Parks Dept
L.T.G. Power Equipment 276040 312.00$ Blades for Mowers Parks Dept
Lawson Products 9310534527 308.47$ Bulk Hardware Supplies Public Works
MacQueen Emergency P14493 83.00$ SCBA Flow Test Fire Dept
Menards 6453 49.95$ Safety Supplies Public Works
Menards 6908 15.16$ Hardware - Pickle Ball Nets (Arcand Park) Parks Dept
Metropolitan Council 1155745 425.00$ Industrial Discharge Permit (Vactor Truck) Sewer Utility
Minnesota Cleaning Services Inc 0523HH01 605.00$ April Cleaning Services Gen Gov't Bldgs
Minnesota Cleaning Services Inc 0523HH02 100.00$ April Cleaning Services - Hanifl Parks Dept
Minnesota Cleaning Services Inc 0523HH03 741.00$ April Cleaning Services - PW Facility Public Works
Minnesota Cleaning Services Inc 0523HH03 450.00$ April Cleaning Services Fire Dept
Minnesota Cleaning Services Inc 0523HH03 247.00$ April Cleaning Services - Rice Lake Room Gen Gov't Bldgs
Northern Door Company 72707 1,426.15$ Garage Door Repairs Fire Dept
Northern Door Company 72708 1,029.80$ Garage Door Repairs Fire Dept
Olson Power & Equipment Inc 52701 550.00$ Parts - Unit #343-20 Parks Dept
Olson's Sewer Service Inc 100303 1,021.77$ Septic System Pumping & Repairs (Hanifl) Parks Dept
Pomp's Tire Service 150169412 219.38$ Tire & Install - Unit #109-15 Street Dept
Press Publications 771902 66.65$ Notice of Revision to FEMA Flood Mapping Ordinances/Proceedings
Press Publications 771903 53.32$ City Council Public Hearing Notice Ordinances/Proceedings
Printing Systems Inc 227264 492.49$ Checks Finance Dept
Quadient Leasing USA Inc N9905665 68.99$ Meter Rental - March Administration
Quadient Leasing USA Inc N9905665 68.99$ Meter Rental - April Administration
Quadient Leasing USA Inc N9905665 68.99$ Meter Rental - May Administration
Rehbeins Black Dirt 12893 960.00$ Black Dirt (Plow Damage) Street Dept
Schifsky (T.A.) & Sons Inc 68892 400.00$ Asphalt Street Dept
Schifsky (T.A.) & Sons Inc 69016 2,074.38$ Asphalt Street Dept
SimpleTexting LLC 077993/ACH 294.00$ SimpleTexting Messaging Plan Engineering Dept
SimpleTexting LLC 077993/ACH 124.00$ SimpleTexting Messaging Subscription Engineering Dept
SiteOne Landscape Supply LLC 128641477-001 364.91$ Grass Seed Mix Street Dept
TASC IN2728396 50.00$ June Cobra Administration Fee Finance Dept
T-Mobile 870254054 652.79$ Cellular Phone Charges Various
T-Mobile 870254054 577.04$ Cellular Phone Charges Various
T-Mobile 870254054 168.00$ Equipment Charge Building Inspections
T-Mobile 870254054 (799.99)$ Equipment Charge (Returned) Street Dept
Toshiba Financial Services 5024720504 148.74$ April Copier Lease Payment Fire Dept
Toshiba Financial Services 5024720504 24.83$ Overage Charges (Color) Fire Dept
Page 1
City of Hugo Claims
May 1, 2023 G. 1
Vendor Invoice Amount Description Department
Toshiba Financial Services 5024720504 1.09$ Overage Charges (B & W) Fire Dept
Twin City Hardware PSI2182394 400.00$ Door Repairs Fire Dept
Uline 161775972 401.81$ Shelving Public Works
UniFirst Corporation 090 0760202 288.48$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0761518 148.50$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 090 0762823 235.03$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
Verizon Wireless 9931735034 974.22$ Cellular Phone Charges Various
Viking Electric S006805874.001 29.40$ Air Compressor Parts Public Works
Water Conservation Service Inc 13113 352.93$ Watermain Leak Locates (Fitzgerald Ave) Water Utility
White Bear Area Chamber of Commerce 17498 135.00$ Meeting Registrations - Council Members (3) Mayor/Council
White Bear Lake, City of 77992 33.25$ Plates & Tab Renewal - Unit #101-08 Street Dept
White Bear Locksmith 34346 115.00$ Lock Repair - Well House No. 4 Water Utility
Xcel Energy 51-0013009096-8 985.66$ Water Tower No. 4 Electric Water Utility
Xcel Energy 51-0013493712-0 799.07$ Lions Park Pavilion Electric Parks Dept
Xcel Energy 51-0013493712-0 681.82$ Lions Park Pavilion Natural Gas Service Parks Dept
Xcel Energy 51-0013971834-1 73.57$ 152nd Street Stop Light Street Dept
Xcel Energy 51-0014152504-7 32.94$ Oneka Pkwy Stop Light Street Dept
40,763.98$ Total Claims for May 01, 2023
Page 2
4/25/2023
Hugo Fire Department
5323 140th St.N
Hugo,MN,55038
Dear Chief Compton
Please accept this letter as my formal resignation as a firefighter of the Hugo Fire Department.
I appreciate the opportunity I have had over the past 6 years to work for such a great
department with so many great people.Although I have always been proud to be a firefighter for
this amazing city,I am no longer in a position where I can meet and fulfill the minimum
requirements set forth as a Hugo firefighter.
I look forward to watching the city grow and seeing the fire department continue to evolve,adapt
and transition to any and all the needs of the residents of Hugo for many years to come.
Sincerily
Trevor Legros
FireFighter
Hugo City Code – Solid Waste
Created: 2023‐03‐09 14:35:34 [EST]
(Supp. No. 31)
Page 1 of 1
Sec. 62‐56. Solid waste collection license.
No person shall collect mixed municipal solid waste (MSW) from residents within the city without
first securing a license from the city. The city council, in the interest of maintaining healthful and
sanitary conditions in the city, as well as to protect the public infrastructure, hereby reserves the right to
limit the number of licenses to seven.
No person shall collect mixed municipal solid waste (MSW) from residents within the city without first
securing a license from the city. The City Council, in the interest of maintaining healthful and sanitary
conditions in the city, as well as to protect the public infrastructure, hereby reserves the right to limit the
number of licenses. Through attrition, the maximum number of licenses issued shall decrease to three. If
a currently issued license is not renewed or is revoked, a new license shall not be issued unless there are
no more than two licenses in effect at such time a new license is applied for.
ORDINANCE 2023-523
AN ORDINANCE AMENDING CHAPTER 62, ARTICLE II, SECTION 62-56 SOLID
WASTE COLLECTION LICENSE TO LIMIT THE NUMBER OF GARBAGE HAULER
LICENSES
THE CITY OF HUGO ORDAINS:
Section 1. The City Council of the City of Hugo does hereby amend Chapter 62, Article II,
Section 62-56 to state the following:
62-56 SOLID WASTE COLLECTION LICENSE
No person shall collect mixed municipal solid waste (MSW) from residents within the city without
first securing a license from the city. The City Council, in the interest of maintaining healthful and
sanitary conditions in the city, as well as to protect the public infrastructure, hereby reserves the
right to limit the number of licenses. Through attrition, the maximum number of licenses issued
shall decrease to three. If a currently issued license is not renewed or is revoked, a new license
shall not be issued unless there are no more than two licenses in effect at such time a new license
is applied for.
Section 2. Severability. In the event that a court of competent jurisdiction adjudges any part of
this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance
not specifically included with that judgment.
Section 3. Effective Date. This amendment shall take effect upon its passage and publication.
ADOPTED by the City Council this 1st day of May, 2023.
______________________________
Tom Weidt, Mayor
ATTEST:
_____________________________
Michele Lindau, City Clerk
Page 1
(Above Space Reserved for Recording Information)
STORMWATER RE-USE LICENSE AGREEMENT
(Premier Hugo MN, LLC and AFLP Hugo MN, LLC, Hugo, Minnesota)
THIS STORMWATER RE-USE LICENSE AGREEMENT (this "Agreement") is
entered into as of this ______day of____________, 2023, by and between the CITY OF HUGO,
a Minnesota municipal Corporation (the “City”) and Premier Hugo MN, LLC & AFLP Hugo,
LLC, a Minnesota limited liability company (the “User”), owner of (the Plat of Hugo
Gardens______________), Washington County, Minnesota.
RECITALS
Whereas:
A. The City desires to allow stormwater to be pumped via the Distribution System
(hereafter referred to as the Distribution System and described on Exhibit A using
utility easements with the Plat of __Hugo Gardens______________ and supplemental
drainage and utility easements dated ________) to provide irrigation water to the User.
B. The User operates a private Irrigation System (hereafter referred to as the Irrigation
System) irrigating the turf areas on the property, and desires to utilize some of the
stormwater provided by the Distribution System for non-potable irrigation purposes
as set forth herein and is the owner of property identified on Exhibit B. The City is
the holder of certain utility easements identified on Exhibit C.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties agree as follows:
1. Use of Stormwater. The City hereby permits the User to utilize stormwater from the
Distribution System to provide irrigation water subject to the terms and conditions of this
Agreement.
Page 2
)
2. Duration of Agreement. The term of this Agreement is a period of twenty-five (25) years
from the date of execution, subject to extensions and termination as set forth herein.
3. Cost. The User recognizes the City’s financial commitment to the installation and
maintenance of the Distribution System for the purposes of stormwater reuse. The User, its
successors, and assigns shall be required to purchase stormwater from the City at a rate of
$6,688 per year (or prorated portion thereof for any portion of the year) (paid prior to
December 31) increased annually by 3% every year.
4. In the event that additional treated drinking water from the City’s municipal water
supply system is used in addition to the stormwater, the User shall pay the fee (stated
above) for stormwater use in addition to the cost of treated drinking water used from the
City’s municipal water supply system, billed at the City’s then current water rate during
that time period.
5. Irrigation System Requirements. Notwithstanding anything herein to the contrary,
the User shall be required to use the water from the Distribution System as the primary
water source for irrigation by it and its constituent property owners. The User may only
use treated drinking water from the City’s municipal water supply system for irrigation
purposes when the following conditions apply:
a. There is a system failure or deficiency with the Distribution System that causes the
Irrigation System to become inoperable.
b. There is insufficient water available from the Distribution System due to abnormal
weather conditions or drought.
c. When directed by the City.
In either of these cases, the User shall be required to contact the City, in writing, and
request the Distribution System be switched to irrigate with treated drinking water from
the City’s municipal water supply system during the period of inoperability. Note that
the City may deny the use of the Distribution System municipal water for irrigation
purposes at the City’s sole discretion, based on environmental, legal, supply issues or
other factors.
The User shall effectuate and enforce compliance.
6. Irrigation. Unless otherwise ordered by the City, the User shall be exempt from any
watering restrictions of the City relating to irrigation, provided that the User is using the
Distribution System for irrigation purposes during the period of any claimed violation
and is otherwise in full compliance herewith. This exemption shall not apply if the User
is using treated water from the City’s municipal water supply system for irrigation or if
required by the directives of the Minnesota Department of Natural Resources or by
Court order.
7. Operation. The City shall operate and maintain the Distribution System. The
calculation of the annual payments for the User includes annual dollars to pay for a
commensurate share of the costs to operate, maintain, and repair the Distribution system
over the 25 year life of this agreement.
8. Maintenance. The User shall allow the City such access over its property, as is-
reasonably needed to construct, maintain, repair and/or replace the Distribution System.
The User shall coordinate winterization of their Irrigation System with the City, as
Page 3
needed. The City will conduct the annual winterization of the Distribution System. The
User shall test the backflow preventers every year before start-up of the Irrigation
System. All testing, maintenance, repairs, and replacements of the Irrigation System
shall be the responsibility of the User. It shall be the User’s responsibility to ensure
water quality is adequate for irrigation prior to system start-up each spring.
Notwithstanding anything herein or at law or equity to the contrary, in no event shall the
City be responsible for turf degradation, consequential damages or property damage as a
result of water quality or supply issues or otherwise by reason of its provision of or
failure to provide the services offered by it under this agreement.
9. Equipment Failure. In the event there is a mechanical deficiency with the Distribution
System which causes the system to become inoperable, the City shall correct the
deficiency within thirty (30) days after the User gives written notice to the City
specifying the deficiency, or as soon thereafter as reasonably possible if a longer period
is required. In lieu of using stormwater for irrigation, the User will be permitted to use
municipal water subject to all city restrictions and requirements, and shall be billed for
the use of treated drinking water from the City’s municipal water supply system used
for irrigation purposes. The city will give credit for months that the Distribution System
is out of service due to mechanical failure. For purposes of this agreement the
Distribution System shall be considered operable from May 1 to October 31 of each
year. For each month that the system is inoperable during this period the parties shall be
granted credit against actual irrigation water charges up to 1/6 of the annual charge.
10. Credits. the User recognizes the City’s intent and ability to use any excess volume of
water quality credits created by the Distribution System as a means of meeting volume
and water quality requirements for other projects under Rice Creek Watershed District
stormwater management rules. Notwithstanding the foregoing, the User has no
obligation to create any such excess credits or to operate their Irrigation System in any
manner other than in accordance with the requirements of this Agreement.
11. License. The terms of this Agreement shall only create a license for the User to use the
Distribution System. This Agreement does not create an interest in real property such
as an easement or any other property right.
12. No Taking. The termination of this Agreement or services under it by the City shall not
constitute a taking as defined in Minnesota Statutes § 117.025.
13. Removal. The City reserves the right to remove or limit, as necessary in the opinion of
the City Engineer, any and all elements of the Distribution System that threaten the
health, safety, or interests of the public.
14. Government Immunity. Nothing contained herein shall be deemed a waiver by the
City of any governmental immunity defenses, statutory or otherwise. Further, any and
all claims brought by the User, its successors or assigns, shall be subject to any
governmental immunity defenses of the City under common law and the maximum
liability limits provided in Minnesota Statutes, Chapter 466.
15. No Third Party Response. Third parties shall have no recourse against the City or the
User under this Agreement. The covenants and conditions of this Agreement are
intended for the benefit of the parties hereto and are not intended to create any third
party beneficiaries.
Page 4
16. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase of
this Agreement is for any reason held to be invalid, such decision shall not affect the
validity of the remaining portion of this Agreement.
17. Amendment. The parties hereto may by mutual written agreement amend this
Agreement in any respect. Any agreement on the part of any party for any such
amendment must be in writing.
18. Governing Law. This Agreement shall be governed by and construed in accordance
with the law of Minnesota.
19. Notice. Any notice required to be given under this Agreement shall be sufficiently
given by one party to the other if in writing and if and when delivered or tendered either
in person or by depositing it in the United States mail in a sealed envelope, by certified
mail, return receipt requested, with postage prepaid, addressed as follows:
a) If to User: Hugo Gardens Apartments, LLC
Attn: Calvin M. Akin
Premier Hugo MN, LLC_& AFLP Hugo MN, LLC
b) If to City: City of Hugo
Attn: City Clerk
14669 Fitzgerald Avenue North
Hugo, MN 55038
or to such other address as the party addressed shall have previously designated by
notice given in accordance with this section. Notices shall be deemed to have been duly
given on the date of service if served personally on the party to whom notice is to be
given, or on the third day after mailing if mailed as provided above.
20. Successors and Assigns. The terms and conditions of this Agreement shall run with the
property. All duties and obligations of the User under this Agreement shall also be
duties and obligations of the User’s successors and assigns.
21. Default. In the event the User fails or refuses to maintain, repair and/or operate the
Irrigation System as required herein, the User shall correct the deficiency within thirty
(30) days after the City gives written notice to the User specifying the deficiency, or as
soon as reasonably possible otherwise (except in case of emergency that threatens
damage to persons, property or the environment in which case repair shall be
immediate). If the User fails to timely correct the deficiency, then the City may, with
ten (10) days written notice (or no notice in case of emergency) and without regard to
the formalities of Minnesota Statues, Chapter 429, perform such work to maintain,
repair, and/or operate the Irrigation System and assess the User and the properties
within it for the cost of such work.
22. Extension. Except to the extent otherwise provided in this Agreement following the
initial twenty-five (25) year term, this Agreement will be automatically extended for
successive one-year periods (subject to termination as set forth herein), on the same
terms and conditions as in effect immediately prior to the then-current expiration date,
Page 5
unless either party gives the other notice of non-extension at least three months before
the then-current expiration date.
23. Termination. If either party breaches any provision of this Agreement and if such
breach is not cured within thirty (30) days after receiving written notice thereof, the
non-breaching party shall have the non-exclusive right to terminate this Agreement
thereafter, upon written notice. Notwithstanding the foregoing, the City may terminate
this Agreement for any of the reasons set forth in Paragraph 5.
24. Miscellaneous. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. This Agreement may be signed in any number of
counterparts, each of which shall be considered an original, but which together shall
constitute one and the same instrument. This Agreement may be amended only by a
written instrument signed by the parties hereto. This Agreement shall run with the land.
25. Authorization. The parties represent and warrant that the undersigned are duly
authorized to execute this Agreement and to bind the respective parties to the terms of
this Agreement.
[Signature and Acknowledgement Page Follows.]
Page 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year
first above written.
CITY OF HUGO
By: _____________________________________
Tom Weidt, Mayor
By: _____________________________________
Michele Lindau, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this day of
2022, by Mayor Tom Weidt and City Clerk Michele Lindau of the City of Hugo, a Minnesota
municipal corporation, on behalf of the municipal corporation.
__________________________________________
Notary Public
Page 7
PREMIER HUGO MN, LLC,
a Wisconsin limited liability company
By: ____________________________________
Name: Calvin M. Akin
Title: Sole Member
AFLP HUGO MN, LLC,
a Wisconsin limited liability company
By: Akin Family Limited Partnership, a Wisconsin
limited partnership
By: ____________________________________
Name: Calvin M. Akin
Title: General Partner
STATE OF MINNESOTA )
) ss.
COUNTY OF )
On this _____ day of __________________, 2022 before me, a Notary Public within and for
said County, personally appeared (company contact), to me
personally known, who being by me duly sworn did say that (HE/SHE) is the
of HUGO GARDENS APARTMENTS LLC, a _____________________.
__________________________________________
Notary Public
This instrument was drafted by and please return to:
The City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Page 8
EXHIBIT A—
The Distribution System is city owned and operated infrastructure that collects, stores,
pumps, and distributes non-potable water in order to provide water for irrigation
purposes to public and private properties.
The specific components of the Distribution System consist of:
1. 6060 linear feet of an HDPE watermain network and all the associated
appurtenances to distribute irrigation water to public and private properties
intending to utilize the non-potable water for irrigation purposes.
2. A pump station that pressurizes the watermain network and moves water to
private and city owned irrigation systems. The pump station consists of a two
340 gallon per minute (gpm) submersible pumps, filters, controls, wet well and
intake flume.
3. A stormwater pond that collects and stores rainwater to be delivered to the
public and private irrigation systems using the non-potable water for irrigation.
The Distribution System ends at the irrigation system connection points. All the
irrigation controls, lateral lines, controllers, valves, irrigation heads, and other
associated appurtenances are not part of the Distribution System.
Page 9
EXHIBIT B—
Lot 1 Block 1 Hugo Gardens Plat
Page 10
EXHIBIT C—
Easements Identified in Hugo Gardens Plat and Supplemental Drainage and Utility
Easements Dated _______
RETURN TO:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
PUBLIC DRAINAGE
AND UTILITY EASEMENT
THIS INDENTURE, made this day of , 2023, by and between
, Grantors; and the City of Hugo, Washington County, Minnesota,
Grantee.
WITNESSETH:
WHEREAS, the above-named parties of the first part are the owners in fee simple of the
real estate hereinafter described.
That for and in consideration of the sum of One Dollar ($1.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged, the parties of the first part have this day
bargained and sold, and by these presents do bargain, sell and transfer unto the City of Hugo, its
successors and assigns the following:
An easement for public drainage and utility improvements with the right to enter upon the
real estate hereinafter described at any time that it may see fit, and construct, maintain and repair
any lines, equipment, materials, or other items for public drainage and utility purposes, for the
purpose of maintaining, repairing or replacing the said public drainage and utilities over, across,
through and under the lands hereinafter described, together with the right to excavate and refill
ditches and/or trenches for the location of said public drainage and utilities, and the further right to
remove trees, bushes, undergrowth, and other obstructions interfering in the location, construction
and maintenance of said public drainage and utilities.
That said drainage and utility easement located in the County of Washington, State of
Minnesota, is described as follows, to-wit (the "Easement"):
(See attached Exhibit A)
The Easement lies within the property legally described as follows (the " Tract"):
(See attached Exhibit B)
The party of the first part does hereby covenant with the City of Hugo, that they are lawfully
seized and possessed of the real estate above described.
IN WITNESS WHEREOF, the said parties have caused this instrument to be executed the day and
year first above written.
GRANTOR:
PREMIER HUGO MN, LLC,
a Wisconsin limited liability company
By: ____________________________________
Name: Calvin M. Akin
Title: Sole Member
AFLP HUGO MN, LLC,
a Wisconsin limited liability company
By: Akin Family Limited Partnership, a Wisconsin limited partnership
By: ____________________________________
Name: Calvin M. Akin
Title: General Partner
State of Minnesota )
) SS
County of )
This instrument was acknowledged before me this day of
Notary Public, within and for said County and State, personally appeared
, 2023, before me, a
, to me
personally known, who acknowledged said instrument to be his free act and deed.
Notary Public
IN PRESENCE OF: GRANTEE:
CITY OF HUGO
Date: By
Tom Weidt, Mayor
Date: By
Michele Lindau, Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this day of , 2023, before me, a Notary Public, within
and for said County and State, appeared Tom Weidt, Mayor and Michele Lindau, Clerk, to me
personally known, and who being by me first duly sworn, did say that they are respectively the
Mayor and Clerk of the City of Hugo, who executed the foregoing document by authority of the
City Council of the City of Hugo, and said Mayor and Clerk acknowledge said instrument to be
the free act and deed of said City of Hugo.
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
Exhibit A
A 10.00 foot wide easement for public drainage and utility purposes over, under and across Lot
1, Block 1, HUGO GARDENS, according to the recorded plat thereof, Washington County,
Minnesota. The southeasterly line of said easement is described as follows:
Commencing at the East Quarter Corner of Section 19, Township 31, Range 21,
Washington County, Minnesota; thence northerly along the east line of said Section
19 on an assumed bearing of North 00 degrees 23 minutes 48 seconds East for 445.34
feet; thence North 73 degrees 23 minutes 12 seconds West along the easterly
extension of a southerly line of said Lot 1 for 98.87 feet to a corner in the southerly
line of said Lot 1; thence North 50 degrees 00 minutes 00 seconds East for 37.43 feet
along said southerly line to the southeasterly extension of a southwesterly line of the
Drainage and Utility Easement as dedicated in said HUGO GARDENS; thence North 39
degrees 35 minutes 00 seconds West along said extension for 10.00 feet to a
northwesterly line of said Drainage and Utility Easement, and the point of beginning
of the southeasterly line to be described; thence southwesterly along said
northwesterly line for 32.12 feet to a northerly line of said Drainage and Utility
Easement, and said described line there terminating.
The northwesterly line of said public drainage and utility easement shall be shortened or
prolonged to begin on said southwesterly line of said Drainage and Utility Easement and
terminate on said northerly line of said Drainage and Utility Easement.
Together with an easement for public drainage and utility purposes over, under and across Lot
1, Block 1, HUGO GARDENS, according to the recorded plat thereof, Washington County,
Minnesota. Said easement is described as follows:
Commencing at the point of reverse curvature in the easterly line of said Lot 1, thence
southerly along said easterly line for 140.87 feet to the easterly extension of a
northerly line of the Drainage and Utility Easement as dedicated in said HUGO
GARDENS; thence on an assumed bearing of North 89 degrees 52 minutes 18 seconds
West along said easterly extension and said northerly line for 61.10 feet to an angle
point in said northerly line and the point of beginning of the easement to be
described; thence North 01 degree 06 minutes 29 seconds West along said northerly
line for 17.30 feet to an angle point in said northerly line; thence South 89 degrees 57
minutes 22 seconds East for 43.76 feet to a non-tangential curve drawn concentric
with and distant 10.00 feet westerly from said easterly line, as measured normal to
said easterly line, thence southeasterly along said curve for 18.78 feet to said
northerly line; thence westerly along said northerly line to the point of beginning and
said easement there terminating.
Exhibit B
Drainage & UtilityEasement per PlatDraina
g
e
&
Utility
Ease
me
nt per Plat
Drainage & Utility
Easement per Plat
Drain
age
&
Utility
Ease
me
nt per Plat
N39°
3
5'
0
0"
W
10.0
0 140.87N01°06'29"W17.30East 1/4 Corner of
Sec. 19, Twp. 31, Rng. 21
N50°
00'
0
0"E
37.4
3
445.34
N00°23'48"E
98.8
7
N73°
2
3
'
1
2
"
W
East line of
Sec. 19, Twp. 31, Rng. 21
S89°57'22"E
43.76 18.78N89°52'18"W
61.10
32.1
2
Corner of
Lot 1
MINNESOTA CERTIFICATION
I hereby certify that this survey, plan or report was prepared by
me or under my direct supervision and that I am a duly Licensed
Land Surveyor under the laws of the State of Minnesota.
Dated this 26th day of April, 2023
______________________________________________
Rory L. Synstelien Minnesota License No. 44565 Project No. 19296.00 SHEET 1 OF 1
200100
SCALE IN FEET
0 5000 GLENWOOD AVENUE
GOLDEN VALLEY, MN 55422
CivilSiteGroup.com
DESCRIPTION
A 10.00 foot wide easement for public drainage and utility purposes over, under and across Lot 1, Block 1, HUGO GARDENS, according to the recorded plat thereof, Washington County,
Minnesota. The southeasterly line of said easement is described as follows:
Commencing at the East Quarter Corner of Section 19, Township 31, Range 21, Washington County, Minnesota; thence northerly along the east line of said Section 19 on an
assumed bearing of North 00 degrees 23 minutes 48 seconds East for 445.34 feet; thence North 73 degrees 23 minutes 12 seconds West along the easterly extension of a
southerly line of said Lot 1 for 98.87 feet to a corner in the southerly line of said Lot 1; thence North 50 degrees 00 minutes 00 seconds East for 37.43 feet along said southerly line
to the southeasterly extension of a southwesterly line of the Drainage and Utility Easement as dedicated in said HUGO GARDENS; thence North 39 degrees 35 minutes 00
seconds West along said extension for 10.00 feet to a northwesterly line of said Drainage and Utility Easement, and the point of beginning of the southeasterly line to be described;
thence southwesterly along said northwesterly line for 32.12 feet to a northerly line of said Drainage and Utility Easement, and said described line there terminating.
The northwesterly line of said public drainage and utility easement shall be shortened or prolonged to begin on said southwesterly line of said Drainage and Utility Easement and
terminate on said northerly line of said Drainage and Utility Easement.
Together with an easement for public drainage and utility purposes over, under and across Lot 1, Block 1, HUGO GARDENS, according to the recorded plat thereof, Washington County,
Minnesota. Said easement is described as follows:
Commencing at the point of reverse curvature in the easterly line of said Lot 1, thence southerly along said easterly line for 140.87 feet to the easterly extension of a northerly line
of the Drainage and Utility Easement as dedicated in said HUGO GARDENS; thence on an assumed bearing of North 89 degrees 52 minutes 18 seconds West along said easterly
extension and said northerly line for 61.10 feet to an angle point in said northerly line and the point of beginning of the easement to be described; thence North 01 degree 06
minutes 29 seconds West along said northerly line for 17.30 feet to an angle point in said northerly line; thence South 89 degrees 57 minutes 22 seconds East for 43.76 feet to a
non-tangential curve drawn concentric with and distant 10.00 feet westerly from said easterly line, as measured normal to said easterly line, thence southeasterly along said curve
for 18.78 feet to said northerly line; thence westerly along said northerly line to the point of beginning and said easement there terminating.
Drawn By:TH
N
Page 1
(Above Space Reserved for Recording Information)
STORMWATER RE-USE LICENSE AGREEMENT
Hugo Senior Housing, LLC, Hugo, Minnesota
THIS STORMWATER RE-USE LICENSE AGREEMENT (this "Agreement") is
entered into as of this ______day of____________, 2022, by and between the CITY OF HUGO,
a Minnesota municipal Corporation (the “City”) and HUGO SENIOR HOUSING, LLC, a
Minnesota limited liability company (the “User”), owner of the Property as described below (the
Plat of ______________), Washington County, Minnesota.
RECITALS
A. The City desires to allow stormwater to be pumped via the Distribution System
(hereafter referred to as the Distribution System and described on Exhibit A using existing utility
easements with the Plat of _________________) to provide irrigation water to the User.
B. The User is the owner of that certain real property located in Washington County,
State of Minnesota and commonly known as 14602 Finale Avenue North, Hugo, Minnesota
55038 and described more fully on Exhibit B (the “Property”).
C. The User operates a private irrigation system (as the same may be modified from
time to time at the sole and absolute discretion of the User, the “Irrigation System”) utilized to
irrigate turf and landscaped areas on the Property and desires to utilize some of the stormwater
provided by the Distribution System for non-potable irrigation purposes as set forth herein.
D. The City is the holder of certain utility easements identified on Exhibit C.
NOW, THEREFORE, for valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the parties agree as follows:
Page 2
)
1. Use of Stormwater. The City hereby permits the User to utilize stormwater from
the Distribution System to provide irrigation water to the Property subject to the terms and
conditions of this Agreement.
2. Duration of Agreement. The term of this Agreement is a period of twenty-five
(25) years from the date set forth above, subject to extensions and termination as set forth herein
3. Cost. The User recognizes the City’s financial commitment to the installation
and maintenance of the Distribution System for the purposes of stormwater reuse. The User, its
successors, and assigns shall be required to purchase stormwater from the City at an annual
amount of not greater than $5,368.00 per year (the “Annual Fee”) (or prorated portion thereof
for any portion of a year or such lesser amount as adjusted as provided herein) which Annual
Fee shall be subject to an annual increase of three percent (3%). Amounts due hereunder shall
be paid no later than December 31 of each year to [who is the payee].
4. Use of Municipal Water System. In the event that the User uses treated drinking
water at the Property from the City’s municipal water supply system in addition to the stormwater
from the Distribution System, the User shall pay, in addition to the Annual Fee, the cost of treated
drinking water used from the City’s municipal water supply system, billed at the City’s then
current water rate during that time period.
5. Irrigation System Requirements. Notwithstanding anything herein to the
contrary, the User shall be required to use the stormwater from the Distribution System as the
primary water source for the Irrigation System. The User may use treated drinking water from
the City’s municipal water supply system for its Irrigation System in the event of any of the
following circumstances:
a. There is a system failure or deficiency with the Distribution System that causes
the Irrigation System to become inoperable or unable to operate sufficiently.
b. There is insufficient water available from the Distribution System due to abnormal
weather conditions or drought.
c. When directed by the City.
In the event of any of the foregoing circumstances, the User shall be required to contact
the City, in writing, and request the Distribution System be switched to irrigate with treated
drinking water from the City’s municipal water supply system during the period of inoperability
or direction from the City. Note that the City may deny the use of the Distribution System
municipal water for irrigation purposes at the City’s sole discretion, based on [environmental],
legal, supply issues or other factors.
6. Inapplicability of Watering Restrictions. Unless otherwise ordered by the City,
the User shall be exempt from any watering restrictions of the City relating to irrigation, provided
that the User is using the Distribution System for irrigation purposes during the period of any
watering restrictions and provided the User is otherwise in full compliance herewith. This
exemption shall not apply if the User is using treated water from the City’s municipal water supply
system for irrigation or if required by the duly authorized directives of the Minnesota Department
of Natural Resources or order of a court of competent jurisdiction.
Page 3
7. Operation. The City shall operate and maintain the Distribution System. The
Annual Fee is an approximation of the City’s cost to operate, maintain and repair the Distribution
System over the 25-year term of this Agreement pro rata based upon the User’s use of the
Distribution System. Notwithstanding the foregoing, there shall be no adjustment to the Annual
Fee except as otherwise provided herein.
8. Maintenance. The User shall allow the City such access over the Property as is-
reasonably needed to construct, maintain, repair and/or replace the Distribution System. The User
shall coordinate winterization of its Irrigation System with the City, as needed. The City will
conduct the annual winterization of the Distribution System. The User shall test the backflow
preventers every year before start-up of the Irrigation System. All testing, maintenance, repairs
and replacements of the Irrigation System shall be the responsibility of the User. It shall be the
User’s responsibility to ensure water quality is adequate for irrigation prior to system start-up
each spring. Notwithstanding anything herein or at law or equity to the contrary, in no event shall
the City be responsible for turf degradation, consequential damages or property damage as a result
of water quality or supply issues or otherwise by reason of its provision of or failure to provide
the services offered by it under this Agreement.
9. Equipment Failure. In the event there is a mechanical deficiency with the
Distribution System which causes the Distribution System to become inoperable, the City shall
correct the deficiency within thirty (30) days after the User gives written notice to the City
specifying the deficiency, or as soon thereafter as reasonably possible if a longer period is
required. During such period of inoperability, in lieu of using stormwater for irrigation, the User
will be permitted to use municipal water subject to applicable City restrictions and requirements,
and the User shall be billed for the use of treated drinking water from the City’s municipal water
supply system used for irrigation purposes. The City will credit the Annual Fee for any months
that the Distribution System is out of service due to mechanical failure or inoperability. For
purposes of this Agreement, the Distribution System shall be considered operable from May 1 to
October 31 of each year. For each month that the Distribution System is inoperable during this
period the User shall be granted credit against the Annual Fee in an amount of up to one-sixth
(1/6) of the Annual Fee.
10. Credits. The User recognizes the City’s intent and ability to use any excess
volume of water quality credits created by the Distribution System as a means of meeting volume
and water quality requirements for other projects under Rice Creek Watershed District stormwater
management rules. Notwithstanding the foregoing, the User has no obligation to create any such
excess credits or to operate its Irrigation System in any manner other than in accordance with the
requirements of this Agreement.
11. License. The terms of this Agreement shall only create a license for the User to
use the Distribution System. This Agreement does not create an interest in real property such as
an easement or any other property right.
12. No Taking. The termination of this Agreement or services under it by the City
shall not constitute a taking as defined in Minnesota Statutes § 117.025.
13. Removal. The City reserves the right to remove or limit, as necessary in the
opinion of the City Engineer, any and all elements of the Distribution System that threaten the
health, safety or interests of the public.
Page 4
14. Government Immunity. Nothing contained herein shall be deemed a waiver by
the City of any governmental immunity defenses, statutory or otherwise. Further, any and all
claims brought by the User, its successors or assigns, shall be subject to any governmental
immunity defenses of the City under common law and the maximum liability limits provided in
Minnesota Statutes, Chapter 466.
15. No Third-Party Beneficiaries. Third parties shall have no recourse against the
City or the User under this Agreement. The covenants and conditions of this Agreement are
intended for the benefit of the parties hereto and are not intended to create any third-party
beneficiaries.
16. Validity. If any portion, section, subsection, sentence, clause, paragraph or phrase
of this Agreement is for any reason held to be invalid, such decision shall not affect the validity
of the remaining portion of this Agreement.
17. Amendment. The parties hereto may by mutual written agreement amend this
Agreement in any respect. Any agreement on the part of any party for any such amendment must
be in writing.
18. Governing Law. This Agreement shall be governed by and construed in
accordance with the law of Minnesota.
19. Notice. Any notice required to be given under this Agreement shall be sufficiently
given by one party to the other if in writing and if and when delivered or tendered either in person
or by depositing it in the United States mail in a sealed envelope, by certified mail, return receipt
requested, with postage prepaid, addressed as follows:
If to User: Hugo Senior Housing, LLC
3965 Airport Drive
Indianapolis, IN 46254
Attn: Brenda Armstrong, General Counsel
If to City: City of Hugo
Attn: City Clerk
14669 Fitzgerald Avenue North
Hugo, MN 55038
or to such other address as the party addressed shall have previously designated by notice given
in accordance with this section. Notices shall be deemed to have been duly given on the date of
service if served personally on the party to whom notice is to be given, or on the third day after
mailing if mailed as provided above.
20. Successors and Assigns. The terms and conditions of this Agreement shall run
with the Property. All duties and obligations of the User under this Agreement shall also be duties
and obligations of the User’s successors and assigns.
21. Default. In the event the User fails or refuses to maintain, repair and/or operate
the Irrigation System as required herein, the User shall correct the deficiency within thirty (30)
days after the City gives written notice to the User specifying the deficiency, or as soon as
reasonably possible otherwise (except in case of emergency that threatens damage to persons,
property or the environment in which case repair shall be immediate). If the User fails to timely
Page 5
correct the deficiency, then the City may, with ten (10) days written notice (or no notice in case
of emergency) and without regard to the formalities of Minnesota Statues, Chapter 429, perform
such work to maintain, repair and/or operate the Irrigation System and assess the User within it
for the reasonable cost of such work.
22. Extension. Except to the extent otherwise provided in this Agreement following
the initial twenty-five (25) year term, this Agreement will be automatically extended for
successive one-year periods (subject to the termination as set forth herein), on the same terms and
conditions as in effect immediately prior to the then-current expiration date, unless either party
gives the other notice of non-extension at least three months before the then-current termination
date.
23. Termination. If either party breaches any provision of this Agreement and if such
breach is not cured within thirty (30) days after receiving written notice thereof, the non-breaching
party shall have the non-exclusive right to terminate this Agreement thereafter, upon written
notice. Notwithstanding the foregoing, the City may terminate this Agreement for any of the
reasons set forth in Paragraph 5.
24. Miscellaneous. This Agreement contains the entire agreement between the parties
regarding the subject matter hereof. This Agreement may be signed in any number of
counterparts, each of which shall be considered an original, but which together shall constitute
one and the same instrument. This Agreement may be amended only by a written instrument
signed by the parties hereto. This Agreement shall run with the land.
25. Authorization. The parties represent and warrant that the undersigned are duly
authorized to execute this Agreement and to bind the respective parties to the terms of this
Agreement.
[Signature and Acknowledgement Page Follows.]
Page 6
IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and
year first above written.
CITY OF HUGO
By: _____________________________________
Tom Weidt, Mayor
By: _____________________________________
Michele Lindau, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
The foregoing instrument was acknowledged before me this day of 2022,
by Mayor Tom Weidt and City Clerk Michele Lindau of the City of Hugo, a Minnesota
municipal corporation, on behalf of the municipal corporation.
__________________________________________
Notary Public
Page 7
HUGO SENIOR HOUSING, LLC, a Minnesota limited liability company_____________________ By: David M. Kingen Its: _Manager
STATE OF ______________)
) ss.
COUNTY OF )
On this _____ day of __________________, 2022, before me, a Notary Public within
and for said County and State, personally appeared David M. Kingen, acknowledged to me
as the duly appointed and acting Manager of Hugo Senior Housing, LLC on behalf of Hugo
Senior Housing, LLC.
__________________________________________
Notary Public
This instrument was drafted by and please return to:
The City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
EXHIBIT A
The Distribution System is city owned and operated infrastructure that collects, stores,
pumps, and distributes non-potable water in order to provide water for irrigation purposes
to public and private properties.
The specific components of the Distribution System consist of:
1. 6060 linear feet of an HDPE watermain network and all the associated
appurtenances to distribute irrigation water to public and private properties
intending to utilize the non-potable water for irrigation purposes.
2. A pump station that pressurizes the watermain network and moves water to private
and city owned irrigation systems. The pump station consists of a two 340 gallon
per minute (gpm) submersible pumps, filters, controls, wet well and intake flume.
3. A stormwater pond that collects and stores rainwater to be delivered to the public
and private irrigation systems using the non-potable water for irrigation.
The Distribution System ends at the irrigation system connection points. All the irrigation
controls, lateral lines, controllers, valves, irrigation heads, and other associated
appurtenances are not part of the Distribution System.
EXHIBIT B
Description of Property
Lot 1, Block 1, LaValle Fields First Addition
EXHIBIT C
CITY UTILITY EASEMENTS
Existing easements within Lot 1, Block 1, LaValle Fields First Addition
Existing Easement within Lot 1, Block 1, Hugo Gardens
LETTER AGREEMENT
FOR _______________ EASEMENTS
M/I Homes and the City of Hugo has indicated their intent to acquire easements from Industrial
Utilities, _________________, (hereinafter referred to as “Grantor”), for the purpose of
constructing a fence, gates, sanitary sewer service, watermain service, and entrance connection to
parking areas as depicted on Exhibit A on that portion of Grantor’s properties in the City of Hugo,
County of Washington, State of Minnesota.
Grantor hereby grants permission to M/I Homes and the City of Hugo to enter upon Grantor’s
property as shown on the attached Exhibit “A” and made a part of this agreement, and grant a
temporary easement for constructing the fence, gates, sanitary sewer service, watermain service,
and entrance connection to parking areas,
Grantor conveys the Temporary Easements subject to the following requirements:
1. The City will ensure signage is added as pedestrians approach Owner’s access along 159th
Street from the east and west that indicate trucks hauling at entrance.
2. The City will ensure the developer installs a 4-ft chain link fence along Industrial Utilities
property along TH 61 and include a rolling/sliding manual gate in the place indicated by
Industrial Utilities. The City will ensure the developer will modify the existing 4-ft fence
along the future 159th Street to accommodate the installation of the new entrance that will
include a rolling/sliding manual gate. The City will also ensure the developer install 100
feet of 6-ft chain link fence along the east Industrial Utilities property line extending from
the north property line. The existing gate located at your existing entrance will be removed
as part of the project and provided to Industrial Utilities. Temporary easements will be
required to allow access to install these fences and Industrial Utilities shall depict where
they are to be placed. Industrial utilities will be responsible to temporarily relocate any
stored equipment or materials that are in the way of fence construction in advance.
3. The City will ensure that the developer construct two 24-ft driveway paved driveway
entrances to the property line as shown in the construction plans, with one being located at
Owner’s southern parcel and the other being located off of the future 159th Street in
accordance with the approved plans. Temporary easements will be required to allow the
connection of these access drives to Industrial Utilities existing parking lot. Trees, brush
and unsuitable material will be removed and replaced with granular compactable material
and 10” of class 5 product. Industrial utilities will be notified when this work is taking
place to witness soil conditions. No tree or brush restoration shall be done.
4. The City will ensure the developer constructs 159th Street to a 10-ton section allowing
access to Highway 61 without seasonal load postings up to your entrance pursuant to plans.
5. City will ensure the developer extends 8” watermain and 8” sanitary sewer into your
property at the proposed 159th Street entrance to Industrial Utilities. Watermain will be at
a depth of 7.5’ to the top of pipe and the sewer will be at a depth of 10-ft in order to cross
the under the watermain located in the road with required separation. Stubs shall be
located in accordance with approved plans.
2
6. The developer has agreed to pay up to $1,000 in Industrial Utilities legal
expenses. Invoices can be provided to the City of Hugo and these will passed along to the
developer.
7. In exchange for the foregoing, the Owner releases the Developer and the City from all
claims of damages, takings, inverse condemnation and other claims relating to the
alterations, use and occupancy of the lands permitted to be occupied in the easements
conveyed by Owner to the City but Owner does not waive any claim to demand and secure
enforcement of the undertakings required of the City and the Developer and may make said
demand and secure such enforcement against The City, the Developer, both, or either.
Grantor warrants their title to the land to be conveyed for the temporary easements and shall
undertake to defend the Grantees in the peaceable possession, use or enjoyment thereof.
This temporary easement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, assigns and successors of M/I Homes and the City of Hugo. This Temporary
Construction Easement Agreement shall terminate upon completion of the public improvement project to
install the public utility and the one-year warranty period for the project has expired.
The City of Hugo and M/I Homes shall have no responsibility to maintain, repair, replace, manage
or supervise the fences and improvements placed on Grantors’ property once they are installed but
shall avoid and repair any damages to them done in the course of construction of the Road.
This letter is being forwarded in triplicate and if the terms and conditions are acceptable, please
arrange for signature in the space provided below and return three copies to this office for further
handling. Upon execution of this letter agreement, a copy will be returned for your file. The
formal easement document is attached as Exhibit B in accordance with the terms and conditions
herein set forth.
Accepted and agreed to the ____ day of ____________________, 2023.
CITY OF HUGO
Dated: ____________________, 2023 By: _______________________________
Title: ______________________________
INDUSTRIAL UTILITIES
Dated: ____________________, 2023 By: _______________________________
Title: ______________________________
3
M/I HOMES
Dated: ____________________, 2023 By: _______________________________
John Rask
Title: Area President
EXHIBIT A
(Plans)
EXHIBIT B
(Easement)
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DESCRIPTION SKETCH
TEMPORARY CONSTRUCTION EASEMENT AGREEMENT
THIS TEMPORARY CONSTRUCTION EASEMENT AGREEMENT shall be effective as
of the date that the last party executes this Agreement, is made by and between Industrial Utilities, a
_________________, hereinafter referred to as the “Grantor,” and the City of Hugo, a Minnesota
municipal corporation, and M/I Homes, a ______________ hereinafter referred to as the “Grantees.”
The Grantor owns the real property situated within Washington County, Minnesota as
described on the attached Exhibit A (hereinafter “Grantor’s Property”).
The Grantor in consideration of one dollar ($1.00) and other good and valuable consideration
does hereby grant and convey to the Grantees, their successors and assigns, the following:
1. A temporary easement for construction purposes (hereinafter
“Temporary Easement”) under, over, across, through and upon that
real property identified and legally described on Exhibit B,
(hereinafter the “Temporary Easement Area”) attached hereto and
incorporated herein by reference.
The Temporary Easement rights granted herein shall include, but not be limited to, the right
to enter upon the real estate for the purpose of constructing and installing fence, rolling gates
(2), 8” sanitary sewer service, 8” watermain service, and constructing a connection from the
proposed driveway access (2) to connect to the existing parking lot, and the further right to
remove unsuitable soil for connection to the existing parking lot, brush, trees, undergrowth,
and other obstructions interfering in the location and construction of Industrial Utilities
requested improvements.
EXEMPT FROM STATE DEED TAX
The rights of the Grantees also include the right of the Grantees, their contractors, agents and servants:
a.) to enter upon the Temporary Easement Area at all reasonable times for the
purposes of construction, installation, inspection, grading, sloping, and restoration
relating to the construction of fencing, gates, sewer service, water service, and
connection of access drive to existing parking lot ; and
b.) to remove from the Temporary Easement Area trees, brush, herbage,
aggregate, undergrowth and other obstructions interfering with the location and
construction of the proposed improvements; and
c.) to remove or otherwise dispose of all earth or other material excavated from
the Temporary Easement Area as the Grantees may deem appropriate.
The Grantees shall not be responsible for any costs, expenses, damages, demands,
obligations, penalties, attorneys’ fees and losses resulting from any claims, actions, suits, or
proceedings based upon a release or threat of release of any hazardous substances, petroleum,
pollutants, and contaminants which may have existed on, or which relate to the Temporary
Easement Area or the Grantor’s Property prior to the date hereof.
Nothing contained herein shall be deemed a waiver by the Grantees of any governmental
immunity defenses, statutory or otherwise. Further, any and all claims brought by the Grantor, its
successors or assigns, shall be subject to any governmental immunity defenses of the Grantees and
the maximum liability limits provided by Minnesota Statute, Chapter 466.
The Grantor, for itself and its successors and assigns, does hereby warrant to and covenant
with the Grantees, their successors and assigns, that it is well seized in fee of the Grantor’s Property
described on Exhibit A, and the Temporary Easement Area described on Exhibit B, and has good
right to grant and convey the Temporary Easement herein to the Grantees. In addition, the Grantor,
for itself and its successors and assigns, does hereby warrant to and covenant with the Grantees, their
successors and assigns, the right of after acquired title to the Temporary Easement granted and
conveyed in this Agreement provided that the Grantor receives title to all or part of the Temporary
Easement Area after the recording of this Agreement.
This Temporary Construction Easement Agreement shall terminate upon completion of the
public improvement project to install the public utility and the one year warranty period for the project
has expired.
This Temporary Construction Easement Agreement may be simultaneously executed in
several counterparts, each of which shall be an original and all of which shall constitute but one and
the same instrument.
IN TESTIMONY WHEREOF, the Grantor and the Grantees have caused this Temporary
Construction Easement Agreement to be executed as follows:
GRANTOR:
INDUSTRIAL UTILITIES
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of __________________, 2023, before me, a Notary Public within and for
said County, personally appeared ________, to me personally known, who being by me duly sworn
did say that [he/she] is the _________ of _____________, a Minnesota ______________, on behalf
of the corporation.
__________________________________________
Notary Public
GRANTEES:
CITY OF HUGO
By:
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of ____________________, 2023, before me a Notary Public within
and for said County, personally appeared Tom Weidt and Michele Lindau, to me personally
known, who being each by me duly sworn, each did say that they are respectively the Mayor and
City Clerk of the City of Hugo, a Minnesota municipal corporation, the municipality named in the
foregoing instrument, and that the seal affixed to said instrument was signed and sealed on behalf
of said municipality by authority of its City Council and said Mayor and City Clerk acknowledged
said instrument to be the free act and deed of said municipality.
________________________________________
Notary Public
M/I HOMES
By:
Its:
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON )
On this _____ day of __________________, 2023, before me, a Notary Public within and for
said County, personally appeared ________, to me personally known, who being by me duly sworn
did say that [he/she] is the _________ of _____________, a Minnesota ______________, on behalf
of the corporation.
__________________________________________
Notary Public
This instrument was drafted by:
David K. Snyder, Esq.
Johnson / Turner Legal
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
651-464-7292
EXHIBIT A
LEGAL DESCRIPTION OF GRANTOR’S PROPERTY
An easement for temporary construction purposes over, under and across that part of the Following
described property:
All that part of the Northeast Quarter of Section 17, Township 31, Range 21, Washington County,
Minnesota, described as follows:
Commencing at the intersection of the Easterly right of way line of Minnesota State Trunk
Highway No. 61, and the East and West Quarter line of said Section 17; thence Northerly along
said Easterly right of way line 1466 feet to the point of beginning of the parcel to be described;
thence continuing along said right of way line 200 feet; thence on a deflection angle of 77 degrees
45 minutes to the right, 464.92 feet; thence on a deflection angle of 102 degrees 15 minutes to the
right, 200 feet; thence on a deflection angle of 77 degrees 45 minutes to the right, 462.92 feet to
the point of beginning.
EXHIBIT B
LEGAL DESCRIPTION OF
THE TEMPORARY EASEMENT AREA
Said temporary construction easement which is described as follows:
Easement 1
Beginning at the southwest corner of the above described parcel; thence North 11 degrees 50
minutes 49 seconds East, assumed bearing, along the West line of the above described parcel,
200.00 feet to the northwest corner of said above described parcel; thence North 89 degrees 35
minutes 49 seconds East, along the North line of said above described parcel, 20.47 feet; thence
South 11 degrees 50 minutes 49 seconds West, 128.89 feet; thence South 78 degrees 00 minutes
15 seconds East, 15.54 feet; thence South 56 degrees 12 minutes 02 seconds East, 65.04 feet;
thence South 00 degrees 24 minutes 11 seconds East 29.59 feet to the South line of the above
described parcel; thence South 89 degrees 35 minutes 49 seconds West, along said South line of
the above described parcel, 104.55 feet to the point of beginning.
Easement 2
Said easement lies parallel with and 20 feet right of the following described line:
Commencing at the northeast corner of the above described parcel; thence South 89 degrees 35
minutes 49 seconds West, assumed bearing, along the North line of the above described parcel,
117.00 feet to the point of beginning of the easement to be described; thence North 89 degrees 35
minutes 49 seconds East, along said North line, 117.00 feet to said northeast corner of the above
described parcel; thence South 11 degrees 50 minutes 49 seconds West, along the East line of the
above described parcel, 125.00 feet and said line there terminating.
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DESCRIPTION SKETCH
14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762‐6300 • www.ci.hugo.mn.us
MEMO
TO: Bryan Bear, City Administrator
FROM: Scott Anderson, Public Works Director
DATE: April 27, 2023
SUBJECT: Award of Bid – 2023 Dust Control
Background
Staff is requesting Council approval and award of bid for the 2023 Dust Control project.
The City of Hugo currently applies dust control to approximately 23 miles of gravel roads located within its
municipal boundaries. The City’s 2023 General Budget has accounted for a dust control project in 2023.
As in past years, staff will also work with May Township to cost share for the application of dust control on the
shared portion of Keystone Ave. north of County Road 4.
Quotes for dust control were received and opened on April 21, 2023. The following prices were received:
Northern Salt Inc. - $1.278/gallon (1st application), $1.278/gallon (2nd application)
Envirotech Services - $1.32/gallon (1st application), $1.32/gallon (2nd application)
With City Council approval, staff would coordinate with Northern Salt to deliver and place a total of 101,107
gallons of calcium chloride in two separate applications, once in mid-June and again in mid-August.
Recommendation
Staff recommends Council approval of a contract with Northern Salt Inc. in the amount of $136,882.45 for the
2023 Dust Control Project.
Agenda Number : H.1 and I.1
CITY OF HUGO COMMUNITY
DEVELOPMENT DEPARTMENT
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Rachel Juba, Community Development Director
SUBJECT: M/I Homes Minneapolis/St. Paul, LLC.
Road Easement Vacation – Public Hearing
Final Plat and Development Agreement for Rice lake Reserve 3rd Addition
DATE: April 27, 2023, for the City Council Meeting of May 1, 2023
REVIEW DEADLINE: May 2, 2023 (60-days)
1. PROPOSED MOTION:
Move approval of the attached notice vacating a public road easements located over a portion of
the property proposed for the Rice Lake Reserve 3rd Addition development.
Move to approve the resolution approving the final plat and development agreement for Rice
Lake Reserve 3rd Addition. Approval of the Final Plat requires a 3/5 vote of the City Council.
2. DESCRIPTION OF REQUEST:
The applicant is requesting a vacation of the existing public road easement located over on a
portion of the property proposed to be developed as Rice Lake Reserve. The property will be
used for the development of Rice Lake Reserve 3rd Addition which includes improving the
existing gravel road to an urban section road with pavement and curb and gutter. New road right-
of-way will be dedicated over the vacated easement area with the plat. Staff is comfortable with
the applicant’s request to vacate the public road easement.
The applicant is requesting approval of a final plat in order to plat 20 lots on the parcel located
east of Goodview Avenue and north of Egg Lake Road (CSAH 8) as phase three of the Rice Lake
Reserve development.
The City Council reviewed and approved the preliminary plat and PUD for Rice Lake Reserve at
its January 6, 2020, meeting. The final plat for phase three will plat the last 20 lots from the Rice
Rice Lake Reserve 3rd Addition Final Plat and Development Agreement
Page 2
Lake Reserve preliminary plat. The lots meet the minimum lot standards and requirements
outlined in the regulations for the Rice Lake Reserve PUD.
The park dedication requirement will be met by fee for a total of $48,000 ($2,400 per unit).
4. RECOMMENDATION:
Staff recommends approval the resolution approving the Final Plat and Development Agreement
for Rice Lake Reserve 3rd , subject to review and approval by the City Attorney.
ATTACHMENTS:
a) Location Map
b) Easement Vacation Notice
c) Resolution Approving the Final Plat and Development Agreement
d) Engineer’s Memo dated April 27, 2023
e) Draft Development Agreement
f) Final Plat
g) Final Plat Construction Plans dated February 15, 2023
E gg Lake R oad N orthGeneva Avenue North
1 3 7 t h S t r e e t N o r t h
Rice Lake Reserve 3rd Addition Final Plat
Location Map
Hugo, MN
Parcel Boundary selection
Roads
Hugo Border
Parcel Boundary
¯Document Path: S:\Mapping\Site Maps\2023 Site Maps\Rice Lake Reserve 3rd Final Plat.mxdSite
NOTICE OF COMPLETION OF VACATION PROCEEDINGS
FOR THE PARTIAL VACATION OF PUBLIC ROADWAY AND UTILITY
EASEMENT OVER PROPERTY LOCATED NORTH OF EGG LAKE ROAD
(CSAH 8) AND EAST OF GOODVIEW AVENUE NORTH
PLEASE TAKE NOTICE that the City Council for the City of Hugo has,
on the 1st day of May, 2023, completed the proceedings for the vacation of the Roadway
and Utility Easement. The easement vacation includes the property legally described as
follows:
SEE ATTACHED
(Exhibit A)
Dated this 1st day of May, 2023.
______________________
Bryan J. Bear
City Administrator
STATE OF MINNESOTA )
) ss.
COUNTY OF __________________)
The foregoing instrument was acknowledged before me this _____ day of _____________,
2023, by Bryan J. Bear, City Administrator of the City of Hugo.
Notary Public
This Instrument was drafted by:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
f:\jobs\8001 - 8020\8015 - goodview\cad c3d\survey\description sketches\8015_outlot b 2nd addition.dwgSave Date:03/28/23Public Highway Easement
Vacation Description Sketch
RESOLUTION 2023-____
APPROVING A FINAL PLAT AND DEVLEOPMENT AGREEMENT FOR M/I HOMES
OF MINNEAPOLIS/ST. PAUL, LLC, FOR RICE LAKE RESERVE 3rd ADDITION
WHEREAS, M/I Homes of Minneapolis/St. Paul, LLC, has requested approval of a final plat for
the property legally described as follows:
See Attached
WHEREAS, the Planning Commission has reviewed the preliminary plat and PUD at a duly
called public hearing and recommended approval of the preliminary plat and PUD; and
WHEREAS, the City Council approved the preliminary plat and PUD at its meeting on January
6, 2020.
WHEREAS, the City Council approved the Final Plat for Rice Lake Reserve at its meeting on
November 16, 2020.
WHEREAS, the City Council approved the Final Plat for Rice Lake Reserve 2nd at its meeting
on February 7, 2022.
NOW, THEREFORE, BE IT HEREBY RESOVLED BY THE CITY COUNCIL OF THE CITY
OF HUGO, MINNESOTA, that it should and hereby does approve the request by M/I Homes of
Minneapolis/St. Paul, LLC, for a final plat and development agreement for Rice Lake Reserve
3rd Addition, subject to the following conditions:
1. The final plat is approved to allow the creation of 20 single family lots, in accordance
with the plans and application received by the City on February 28, 2023, March 1, 2023,
March 3, 2023, and March 28, 2023, except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on January 6, 2020.
3. Development standards shall comply with Resolution 2020-8 and 2020-9, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer’s memo
dated April 27. 2023, and revisions required in “redlined” comments from the City
Engineer.
5. The plans shall be revised to include the following items:
a) Grading outside of the plat for road construction.
b) An 8 foot wide trail along the north side of CSAH 8
c) Removal of the “ghost plat” areas
6. The portion of the plans labeled “ghost plat” are not part of this approval.
7. The developer shall design and install a stormwater re-use system for irrigation of the
individual lots.
Resolution 2023-____
Rice Lake Reserve 3rd Addition Final Plat and Development Agreement
8. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re-use system. The
property owner’s association documents shall be reviewed and approved by staff prior to
recording the plat.
9. The plat shall comply with the City’s street naming system.
10. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
11. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
12. Staff will continue to work with the applicant on the street lighting plan. Exact locations
of the street lights shall be reviewed and approved by staff prior to installation.
13. The developer shall obtain all necessary local, state, and federal permits.
14. The developer shall make contact with adjacent property owners, prior to grading the
property.
15. Prior to recording the final plat:
a) The developer must obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City.
b) The developer must obtain all necessary plan approvals and access permit from
Washington County.
c) The developer shall pay $48,000.00 in full to satisfy the required cash in lieu of
parkland dedication requirement ($2,400/lot).
d) The developer shall pay the sewer and water trunk fees for each lot at final plat. The
City’s SAC and WAC fees will be paid at the time building permits issued.
e) The applicant shall provide copies of the property owners association
documents/covenants for City review and approval. A copy of the document shall be
filed for recording with the final plat.
f) The developer shall enter into a stormwater reuse agreement with the City for the
stormwater reuse system.
g) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
Landscaping and Lighting
h) The final landscape plans must be submitted for review and approval by staff.
Resolution 2023-____
Rice Lake Reserve 3rd Addition Final Plat and Development Agreement
Signage
i) The property owners association shall be responsible for maintenance of all
development signage and landscaping within the outlots and common space.
16. Prior to the issuance of building permits:
a) The applicant shall file the final plat, development agreement and associated
documents with Washington County. Proof of recording shall be provided to the City.
b) The applicant shall submit three full sets of approved final plans to the City.
c) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
17. Prior to the issuance of Certificate of Occupancy:
a) All improvements required in the development agreement shall be constructed and
finished.
ADOPTED by the City Council on May 1, 2023.
___________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
S:\Users\R_Juba\DEVELOPMENT PROJECTS\Rice Lake Reserve\Rice Lake Reserve 3rd Addition Final Plat\Engineer's Memo and Red-Lined
Comments\Engineers Memo Rice Lake Reserve - 3rd Addition FP.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM April 27, 2023
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Final Plat Review
Rice Lake Reserve 3rd Addition
WSB Project No. 022355-000
Dear Ms. Juba:
We have reviewed the final plat submittal for the Rice Lake Reserve 3rd Addition development
located east of Goodview Avenue and north of County Road 8. In particular, we have reviewed
the following plans related to this particular request:
• Rice Lake Reserve 3rd Addition Construction Plans dated 2/28/23 by Carlson McCain
• Rice Lake Reserve 3rd Addition Final Plat by Carlson McCain
• Rice Lake Reserve Final Grading Plan dated 2/15/23 by Carlson McCain
Based on the review of the final plat documents, we offer the following comments related to this
application:
Final Plat
1. The final plat is consistent with the preliminary plat documents.
2. Front, side, and rear yard drainage and utility easements are shown. Easements where
storm sewer extends between lots as well as wetlands are identified with appropriate widths.
Development Agreement
3. There are a number of development fees outlined within the City’s Fee Schedule that will
become due as part of the final plat. The Development Fees are included in the
Development Agreement.
Grading, Phasing, Street, and Utility Plans
4. Staff is working through remaining comments with Carlson McCain on grading, street and
utility construction plans. We do not expect that any remaining plan changes will have an
impact on the final plat. We will issue the construction plan approvals once the remaining
comments have been resolved.
5. 12” Water service is proposed to be extended from the Phase 1, 138th Court watermain stub
east and south along Greystone Avenue to 137th Street/Egg Lake Road/ CSAH 8.
Ms. Rachel Juba
April 27, 2023
Page 2
6. 8” Sanitary sewer will be extended from the existing Phase 1, 138th Court sanitary sewer
stub.
7. Street access will be extended from the 138th Court and Geneva Avenue intersection east
and south along Graystone Avenue to Egg Lake Road/ CSAH 8.
8. Additional left and right turn lanes into the development are proposed to be installed along
Egg Lake Road/ CSAH 8. The applicant has coordinated review and approval of the turn
lanes with Washington County.
9. An 8-foot path will be extended through the third addition and is proposed to be extended
eastward toward Rice Lake Park along their turn lane construction. Staff is working with the
applicant to potentially add the remaining length of pathway (City expense) to the old public
works west entrance to provide access to the nearby park facilities.
Stormwater Management
10. The stormwater management requirements for the development were reviewed and
approved with the overall development review. The development is utilizing a stormwater
pond with water reuse to meet rate control and water quality requirements. The pond and
outlet infrastructure have been constructed with previous additions.
11. The stormwater reuse system will be owned and operated by the Homeowners Association,
and the City will have access to the system as needed for monitoring and operation. The
applicant is meeting approximately 80% of the volume reduction requirement by utilizing
water reuse. The remaining volume control requirement is being met using storage provided
in the NURP pond.
12. Comments on the storm sewer plan for the 3rd Addition have been provided to the developer
and should be addressed as the project moves forward.
Wetland
13. The wetland delineation has been previously approved.
14. The applicant has previously provided documentation that they have purchased the
necessary wetland banking credits based on their proposed impacts on the overall site.
Thank you for the opportunity to provide comments on this project. Additional comments may be
necessary following the review of the responses to these. If you have any questions, please do
not hesitate to contact me at 651-286-8463.
Sincerely,
WSB
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Liz Finnegan, Senior Engineering Technician (email only)
Return To:
City of Hugo
14669 Fitzgerald Ave N
Hugo, MN 55038
CITY OF HUGO
WASHINGTON COUNTY, MINNESOTA
DEVELOPMENT AGREEMENT
Rice Lake Reserve 3rd Addition
THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and
between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of
Minnesota (hereinafter referred to as "City"); and M/I Homes Minneapolis/St. Paul, LLC, Inc. a
Limited Liability Company, (hereinafter referred to as "Developer").
WITNESS:
Rice Lake Reserve 3rd Addition 2
WHEREAS, the City Council of the City has, by Resolution Number 2020-9 on
January 6, 2020, approved the preliminary plat for a major subdivision as proposed by the
Developer to be known as "Rice Lake Reserve" ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2020-8 on
January 6, 2020, approved the PUD general plan for a major subdivision as proposed by the
Developer to be known as " Rice Lake Reserve " ; and,
WHEREAS, the City Council of the City has, by Resolution Number 2023-___ on
May 1, 2023, approved the final plat for a major subdivision as proposed by the Developer to be
known as " Rice Lake Reserve 3rd Addition" (hereinafter referred to as the "Plat"); and,
WHEREAS, the Plat proposed a development of an approximately 5 acre parcel of
land into 20 residential lots; and,
WHEREAS, it is the policy of the City to enter into development contracts as
contemplated in Minnesota Statutes §462.358, Subd. 2(a); and,
WHEREAS, the parties hereto desire to set forth their respective rights and
obligations of the parties to this Agreement.
NOW, THEREFORE, in consideration of the premises and of the mutual promises
and conditions contained herein, it is agreed by the parties hereto as follows:
A. GENERAL ENGINEERING CONDITIONS;
1. Escrow for City Costs and Fees. Developer shall, contemporaneously with
the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover
the cost of legal fees, engineering and construction observation fees, administrative expenses, and
other costs related to this Plat.
All fees and costs incurred by the City in connection with the Plat shall be
charged against said escrow account which shall remain in effect until the expiration of the
warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the
responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow
account after the completion of the warranty period shall be refunded to the Developer. In the event
that the escrow account herein is depleted, Developer agrees to post additional funds to replenish
the account and to cover projected City costs. Specifically, Developer agrees that the escrow
account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon
request, to an itemized statement of all costs and fees charged against this escrow account.
Rice Lake Reserve 3rd Addition 3
2. Development Plans. In accordance with the policies and ordinances of the
City, and subject to all City resolutions and approvals in connection herewith, the Developer shall
construct the proposed improvements (hereinafter referred to as the "Improvements"). All
Improvements shall be constructed and installed pursuant to the terms and conditions herein set
forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions
and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City
standards and requirements including those listed herein. In addition, all public street, utility, and
storm drainage improvements shall comply with the City’s adopted specification book and the
reasonable direction of City staff.
3. Authorization to Proceed with Construction. Developer agrees not to
commence any grading, utility or street work within the Plat until the following are completed:
1) Construction plans are approved by the City and distributed.
2) Pre-construction conference is held.
3) Notice to Proceed is issued.
4. Construction Observation. The City, for its benefit, will provide staff of
its choosing to provide construction observation for the Improvements outlined in this Agreement.
All costs associated with construction observation and inspection will be the responsibility of the
Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for
this work to occur.
5. Miscellaneous Requirements.
a) Property Corners: All property corners as identified on the Plat
must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance,
as defined in paragraph 7 of this Agreement.
b) Drainage Easements: Drainage easements shall be dedicated on
the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high
water levels.
c) Soils Testing: Soils inspection and compaction testing by a
registered professional engineer shall be accomplished on all lots where filling is required, in
accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one
(1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill
that is placed. A summary of all inspections and compaction tests for all developed lots shall be
provided to the City upon completion of the grading and shall be provided for a respective lot prior
to the issuance of a building permit for such lot.
d) Private Utilities: All private utilities that are installed, including
electricity, telephone, natural gas and cable television, shall be installed underground.
e) Mailboxes: Developer shall coordinate mailbox locations with the
Rice Lake Reserve 3rd Addition 4
United States Postal Service.
f) Street Lights: Street lights shall be installed within the Plat
according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer
shall also submit its Street Lighting Plan to the applicable power company for its review, comment
and approval. The installation of the street lights shall be coordinated with the applicable power
company so that the street light system is installed, constructed and operated in such a manner as
will harmoniously exist with other street lights within the area.
g) Working Hours: Construction activity, including equipment
startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through
Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays.
h) Street Sweeping: Developer shall sweep and/or otherwise clean all
streets, as needed, within and adjacent to the -Plat as a result of construction activities associated
with the Plat until final acceptance of the Improvements. If the streets are not maintained in a
manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the
street sweeping at Developer’s cost.
i) Placement of Bituminous Wear Course: The bituminous wear
course can be placed on all streets once all of the following have occurred:
1. A Certificate of Occupancy has been issued for at least 75%
of the lots or a cash escrow in the amount of $10,000 has
been deposit with the City which will be held until 75% of
the lots have received Certificates of Occupancy. At the
City’s discretion, the wear course may be placed prior to
having 75% occupancy. If applicable, the warranty period
shall be extended an additional one (1) year for a total of two
(2) years from final acceptance. In no case shall the wear
course be placed with less than 50% occupancy.
2. The base course on all streets has been in place for at least
one full freeze-thaw cycle.
3. City staff or its assignees have visually inspected all
roadways and curb within the Plat, and any repairs necessary
as a result of said inspection are complete and written
approval issued.
6. Project Completion: The Improvements listed herein on Exhibit A, including
street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval
of the City in accordance with the approved plans. All Improvements shall be substantially
completed to the reasonable satisfaction and approval of the City within twelve (12) months of the
execution of this Agreement. Substantial completion shall consist of all work with the exception of
placement of the bituminous wear course and completion of the final punchlist. The Developer
Rice Lake Reserve 3rd Addition 5
shall be excused from the strict completion date set forth herein if written notice is received from
the Developer of the existence of causes over which the Developer has no control which will delay
the completion of the work and approved in writing by the City. In that event, the City may extend
the date or dates herein specified.
7. Project Acceptance: Final project acceptance will be considered by the City
Council once the following have been completed:
(a) All Improvements are installed according to the approved plans.
(b) All punchlist items are completed.
(c) All Record Drawing information has been provided to the City to its
satisfaction.
(d) Escrow account for City costs and fees is current in accordance with the
provisions of this Agreement.
(e) The City receives confirmation via lien waivers that contractors or other
parties have been paid for the work completed.
(f) The City receives a written request from the Developer to accept the
Improvements.
8. Record Drawing Requirements and Engineer’s Certification. Following
completion of all development activities and prior to the release of security and acceptance of
Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the
Improvements listed on Exhibit A. This information shall be provided to the City in the following
formats:
(a) 1-set mylar drawings (22” x 34”) for all Improvements.
(b) 1-set paper drawings (22” x 34”) for all Improvements.
(c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the
final plat.
All Record Drawings shall include the following information:
(a) All bench marks shown on plans (bench marks shall be top nut of hydrants).
(b) Swing ties to all gate valves shown on plans (ties should be to manholes,
catch basins, hydrants or other permanent objects.
(c) Swing ties to curb stops shown on plans (ties should be to manholes, catch
basins, hydrants, property corners or other permanent objects).
(d) Top of casting and invert elevation for all structures.
(e) All pipe sizes, material type, pipe classification, grades and lengths
(f) All horizontal and vertical curve data in the appropriate location on the
plans.
(g) Televised report of the sanitary sewer with videotape.
(h) Swing ties to any manhole or catch basin outside the roadway area.
Rice Lake Reserve 3rd Addition 6
(i) A text file including the x, y and z coordinates (based on Washington
County’s coordinate system) for the following:
1. All curb stops
2. All hydrants
3. All gate valves
4. All manholes located outside of the roadway
9. Construction Warranty and Financing of Improvements. The Developer agrees
to construct the Improvements described herein at its own expense and in accordance with City
specifications. The Developer shall engage at its own expense a registered, professional civil
engineer to prepare plans and specifications for the Improvements and shall submit the same to the
City for review and approval. The Developer represents and warrants that all of the Improvements
made as a part of this development shall be guaranteed to be properly functioning as designed for a
period of not less than one (1) year following acceptance of the entire project by the City. In the
case of any material or labor that is supplied and that is reasonably rejected by the City as defective
or unsuitable, then the rejected materials shall be removed and replaced with approved material,
and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at
the sole cost and expense of the Developer. In any event, none of the warranty periods expressed
herein shall begin to run until all of the Improvements within the Plat have been approved and
accepted by the City.
The Developer’s engineer shall certify that grading within the Plat was completed in
accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues
any building permits. The Developer shall remain ultimately responsible for accurate grading of all
lots and shall correct any deficiencies in grading that may be discovered until the certificate of
occupancy is issued for the applicable lot or the Developer is released from its obligation under this
Agreement as outlined in paragraph 7 above.
10. Signs. The Developer shall prepare a plan for all regulatory, directional and street
name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public
works department. Upon plan approval, the City’s public works department shall install all public
signage within the Plat. The installation of all private signage shall be the responsibility of the
Developer. All costs related to the installation of public signage shall be the responsibility of the
Developer and will be deducted from the Developer’s escrow account. The Developer shall post
funds as outlined in Exhibit C prior to the City’s public works department beginning the
installation.
11. Drainage Easements.
a) Work within Easements: No improvements, landscaping, or grading,
other than Improvements shown on the approved plans, shall be permitted in dedicated drainage
easements without the prior written permission of the City and any regulatory agency having
Rice Lake Reserve 3rd Addition 7
jurisdiction.
b) Maintenance Responsibilities: The Developer and its successors in
interest, including all individual homeowners, shall be responsible for routine maintenance of all
storm water management ponds, wetlands, and drainage areas within easements dedicated to the
City on their property. Routine maintenance shall include litter removal, mowing and maintenance
of the property adjacent to pond or wetland areas. In the case of drainage swales, routine
maintenance includes the removal of obstructions from the swale as necessary to maintain proper
drainage in addition to the aforementioned items. The City shall be responsible for non-routine
maintenance of storm water ponds within the easements, including pond dredging, maintenance of
the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such
maintenance shall be completed as deemed necessary by the City.
12. Wetland Signage: Permanent signage shall be placed along wetland edges as
outlined in the City’s General Specification and Standard Details Manual or approved equal by the
City.
13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section
90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan,
or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive.
Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of
the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood
elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject
property. Additionally, the lowest floor elevation shall be specifically referenced and designated,
for each lot, on a certificate of survey, which survey shall be provided to the City before any
building permits are issued for any lots within the Plat.
14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance
with the approved landscape plans, the City ordinances, and the City’s General Specification and
Standard Details Manual. All landscaping shall be complete, established and growing within sixty
(60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is
issued between the dates of October 1 and May 1, then the landscaping required herein shall be
complete, established and growing no later than July 1. All front yards, side yards and back yards
shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in
order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no
more than 35% sand. Unless specific arrangements are made and agreed to by the City, all
landscaping installed within the Plat shall be maintained by the Developer and its successors,
including all individual homeowners or the homeowners association which is required to be formed
by the Developer pursuant to the agreement.
All areas, other than proposed street areas, disturbed by grading activities on the site shall be
seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City
Rice Lake Reserve 3rd Addition 8
Engineer. Seeding shall be completed as follows:
a) All areas shall be restored with a minimum of four (4) inches of adequate
topsoil prior to seeding.
b) Upland areas shall be seeded in accordance with the grading, drainage, and
landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per
acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All
mulch shall be disk anchored.
c) Wetlands, wetland replacement areas and storm water ponding areas shall be
seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The
minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the
supplier.
d) All seeded areas shall be maintained for the term of this Agreement. Upland
areas shall be mowed as necessary or as directed by the City Engineer.
e) All disturbed areas within the development shall be maintained to limit
vegetation growth to less than ten (10) inches except designated natural areas or designated open
spaces as shown on the approved plans.
15. Safe Rooms. The Developer shall require all builders to offer a safe room as an
option to any and all potential homebuyers. All safe rooms offered and built within the City
must meet or exceed FEMA requirements and standards.
B. ESCROWS, CHARGES AND UTILITY OVERSIZING:
Developer shall pay the escrows, fees and charges listed on Exhibit C.
C. SPECIAL PLANNING REQUIREMENTS:
The Plat shall be built and maintained in accordance with the planning requirements
listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto.
D. ADMINISTRATIVE REQUIREMENTS:
1. Miscellaneous Provisions. Developer specifically understands that this Plat
approval is given subject to the following requirements:
a) Expiration. The final plat documents for the Plat, which is the
second phase of the Rice Lake Reserve preliminary plat, have been submitted to the City Council.
The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells"
must be fully executed) within sixty (60) days of the City Council motion giving final plat approval,
unless such deadline is extended by the City Council in its sole discretion, or else said approval
Rice Lake Reserve 3rd Addition 9
shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including
the cost of recording documents with Washington County.
b) Recording. The Developer shall record this Agreement with
Washington County simultaneous with the recording of the Plat, and shall forward confirmation of
recording of the Plat and this Agreement to the City prior to the issuance of building permits. All
applicable conditions of Plat approval must be met before any deeds are stamped for recording and
prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall
be contingent upon compliance with the approved plans for the Improvements and upon
compliance with this Agreement.
c) Model Homes. In the event that site grading is approved by the City
prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat,
the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut
existing streets or roadways, subject to final approval by the City. No model homes may be
constructed or utilized until at least one (1) lift of bituminous has been installed from said model
home lot providing access to a public street or roadway outside of the Plat. No certificate of
occupancy shall be issued for any model or other home until all necessary public improvements and
utilities have been installed and the utilities have been successfully tested. Prior to this, and at the
time that a model home passes final inspection, a model home may only be used by Developer’s,
authorized builders, staff or realtors for purposes of showing the models to potential buyers. No
model home may be used until landscaping conforming to City ordinance and paragraph 14 of this
Agreement has been installed except that, if the certificate of occupancy is issued between the dates
of October 1 and May 1, then the landscaping required herein shall be complete, established and
growing no later than July 1.
d) Sales Trailers. The Developer may be entitled to a maximum of
one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development
for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales
trailer may be approved by the City Community Development Director prior to the first model
home being available for showing. The trailer is subject to the issuance of a building permit, shall
meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain
sufficient parking for the size of the office, and shall have safe and suitable access to a paved,
public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days
following the date that a model home passes final inspection.
e) Deviations. No material deviations from the approved Plat shall be
allowed unless approved in writing by the City. Approval herein is also given subject to full
compliance with the conditions of approval and findings adopted by the City Council in connection
with the approval of the development.
f) Certificates of Survey. A certificate of survey shall be provided to
Rice Lake Reserve 3rd Addition 10
the City Building Inspector for each lot at the time a building permit is requested for the lot.
Attached to the certificate of survey shall be an erosion control plan for the lot showing location and
type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan
shall be submitted for each home site.
g) Outhouses. The Developer shall provide on-site a sufficient number
of portable outhouses to be available for the persons who will be working on-site until
Improvements are accepted according to the plans in Exhibit A.
h) Property Owners Association. When required as a condition of
approval outlined in Exhibit B, the Developer agrees to form a property owners association,
membership in which shall be mandatory for all of the lots within this development. The property
owners association shall be responsible for maintenance and repair of all common elements as
listed in the property owners association documents within this development and the same shall be
maintained in good condition in accordance with all City ordinances and reasonable directions of
the City. Developer agrees to provide a copy of the property owners association documents to the
City prior to the recording of the final plat. In the event of failure or refusal of any property owners
association to so maintain or repair the common elements then the City may, with seven days
written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the
work and assess each of the lots within the plat for the cost of the work.
i) The property owners association documents shall advise owners of
all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT,
INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A
DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE
AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER.
j) Developer acknowledges that a separate development agreement will
be entered into at the time of final plat approval of subsequent phases in the development. That
development agreement will address, among other things, necessary improvements to be made,
financial guarantees to be provided, and the amount of the development fees to be paid by the
Developer.
k) Developer shall remove all tree waste, junk, miscellaneous debris,
junk vehicles, and any other personal property from the Plat which does not comply with the City
Zoning Ordinance until final acceptance of the Improvements.
Rice Lake Reserve 3rd Addition 11
E. DAMAGES AND DEFAULT:
1. Developer agrees to pay liquidated damages to the City if any lot has a real
estate closing occur before all public improvements within the Plat are certified as being
substantially completed by the City. Specifically, Developer agrees to immediately pay to the City
liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which
occurs in violation of this paragraph. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City. Model Homes are exempt from this section.
2. Developer agrees to pay liquidated damages to the City, in the amount of
Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or
utility easement not permitted on the plans without first obtaining a written permit from the City
expressly authorizing said encroachment. The City shall be authorized to retain an appropriate
percentage of the financial guarantee referred to in paragraph 4 as security for payment of any
liquidated damages owed to the City.
3. Events of Default.
a) Events of Default Defined. The following shall be "Events of
Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in
this Agreement, any one or more of the following events:
1. Subject to unavoidable delays, failure by Developer to commence
and complete construction of the Improvements pursuant to the
terms, conditions and limitations of this Agreement.
2. Failure by Developer to substantially observe or perform any
material covenant, condition, obligation or agreement on their part to
be observed or performed under this Agreement.
b) Remedies on Default. Whenever any Event of Default occurs, the
City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or
otherwise by written, executed instrument of the City, may take any one or more of the following:
1. The City may suspend its performance under the Agreement until it
receives assurances from Developer, deemed adequate by the City,
that Developer will cure their default and continue their
performance under the Agreement. Suspension of performance
includes the right of the City to withhold permits including, but not
limited to, building permits.
Rice Lake Reserve 3rd Addition 12
2. The City may initiate such action, including legal or administrative
action, as is necessary for the City to secure performance of any
provision of this Agreement or recover any amounts due under this
Agreement from Developer, or immediately draw on the financial
Letter of Credit, as set forth in this Agreement.
4. Enforcement by City; Damages. The Developer acknowledges the right of
the City to enforce the terms of this Agreement against the Developer, by action for specific
performance or damages, or both, or by any other legally authorized means. The Developer also
acknowledges that its failure to perform any or all of their obligations under this Agreement may
result in substantial damages to the City; that in the event of default by the Developer, the City may
commence legal action to recover all damages, losses and expenses sustained by the City; and that
such expenses may include, but are not limited to, the reasonable fees of legal counsel employed
with respect to the enforcement of this Agreement.
F. THIS AGREEMENT:
1. Release of Agreement. This Agreement shall run with the land and may be
recorded against the title to the property. After the Developer has completed the work required of it
under this Agreement, at the Developer’s request the City will execute and deliver to the Developer
a release.
2. Warranty of Title. Developer warrants and represents to the City that it is
the fee owner of the land described herein, except for a portion of the property, and that it has
authority to execute this Agreement, with consent from the other fee owner, and agree to the
conditions hereof and to subject the land hereto. Developer also represents and warrants that the
use for which this development is sought will not violate any restrictive covenants applying to the
property.
3. Binding Effect. This Agreement shall be deemed to be a restrictive
covenant and the terms and conditions hereof shall run with the land described herein and be
binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and
shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed
covenants running with the land. Reference herein to the Developers, if there be more than one,
shall mean each and all of them.
This Agreement shall be placed of record so as to give notice hereof to
subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against
the escrow account.
4. Restrictions on Transfer/Indemnification. Developer agrees to defend
and hold the City, and its officials, employees and agents, harmless against any and all claims,
Rice Lake Reserve 3rd Addition 13
demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable
attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in
connection with the Project. No transfer or assignment of this Agreement shall be made without
City approval and any assignment or transfer without such approval shall be void.
5. Incorporation by Reference. All general and special conditions, plans,
special provisions, proposals, specifications and contracts for the Plat and for any Improvements
furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement
by reference as if fully set out herein in full.
6. Developer will comply with and promptly perform all of its obligations
under this Agreement.
7. Evidence of Title. Developer shall furnish the City with evidence of fee
ownership of the property being platted by way of an attorneys title opinion or title insurance
commitment dated not earlier than thirty (30) days prior to the execution of the Plat.
IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly
executed on the day and year first above written.
Rice Lake Reserve 3rd Addition 14
City of Hugo
By________________________________ By__________________________________
Tom Weidt, Mayor Michele Lindau, Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 20__, before me, a Notary Public,
personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a
Minnesota municipality within the State of Minnesota, and that said instrument was signed on
behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt
and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo.
__________________________________________
Notary Public
Rice Lake Reserve 3rd Addition 15
Developer
M/I Homes Minneapolis/St. Paul, LLC
By________________________________
________________________
Its: ___________________________________
STATE OF MINNESOTA )
) ss. (Corporate Notary)
COUNTY OF WASHINGTON)
On this _____ day of _________________, 20__, before me, a Notary Public,
within and for said County and State, personally appeared ___________________, to me
personally known, who, by me duly sworn did say that they are the _________________ of
____________________________, a Minnesota _____________________, on behalf of said
____________________.
__________________________________________
Notary Public
DRAFTED BY:
David K. Snyder
Johnson & Turner
56 East Broadway Avenue #206
Forest Lake, MN 55025
Rice Lake Reserve 3rd Addition 16
EXHIBIT A
LIST OF DEVELOPMENT PLANS
Sheet No. Plan Date Author
Final Plat To be updated with
approved plan dates
Carlson McCain
1 Sanitary Sewer, Watermain,
Stormsewer and Street
Construction Plans – Cover
Carlson McCain
2 Index Carlson McCain
3 Sanitary Sewer and Water Main
Carlson McCain
4 Storm Sewer Carlson McCain
5 Street Construction Carlson McCain
6-11 Detail Carlson McCain
1 Grading, Development and
Erosion Control Plans – Cover
Carlson McCain
2-4 Grading, Development and
Erosion Control Plans
Carlson McCain
5-6 Details Carlson McCain
L1 and L2 Preliminary Landscape Plan Carlson McCain
Rice Lake Reserve 3rd Addition 17
EXHIBIT B
APPROVAL CONDITIONS
1. The final plat is approved to allow the creation of 20 single family lots, in accordance with
the plans and application received by the City on February 28, 2023, March 1, 2023, March
3, 2023, and March 28, 2023, except as amended by this resolution.
2. The development shall substantially comply with all plans and conditions of the PUD and
preliminary plat approval granted by the City on January 6, 2020.
3. Development standards shall comply with Resolution 2020-8 and 2020-9, as amended.
4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated
April 27. 2023, and revisions required in “redlined” comments from the City Engineer.
5. The plans shall be revised to include the following items:
a) Grading outside of the plat for road construction.
b) An 8 foot wide trail along the north side of CSAH 8
c) Removal of the “ghost plat” areas
6. The portion of the plans labeled “ghost plat” are not part of this approval.
7. The developer shall design and install a stormwater re-use system for irrigation of the
individual lots.
8. The developer shall establish a property owners association for the development to
own/operate/maintain common elements, landscaping, and the water re-use system. The
property owner’s association documents shall be reviewed and approved by staff prior to
recording the plat.
9. The plat shall comply with the City’s street naming system.
10. The landscaping planned for the plat shall be installed in one phase. The developer shall
take proper precautions to protect the trees as the homes are being built.
11. Each home shall include a minimum of 2 parking spaces within the driveway. The
driveway widths shall be a maximum of 24 feet at the right of way line.
12. Staff will continue to work with the applicant on the street lighting plan. Exact locations of
Rice Lake Reserve 3rd Addition 18
the street lights shall be reviewed and approved by staff prior to installation.
13. The developer shall obtain all necessary local, state, and federal permits.
14. The developer shall make contact with adjacent property owners, prior to grading the
property.
15. Prior to recording the final plat:
a) The developer must obtain all necessary stormwater management and wetland
conservation act (WCA) permits from the City.
b) The developer must obtain all necessary plan approvals and access permit from
Washington County.
c) The developer shall pay $48,000.00 in full to satisfy the required cash in lieu of
parkland dedication requirement ($2,400/lot).
d) The developer shall pay the sewer and water trunk fees for each lot at final plat. The
City’s SAC and WAC fees will be paid at the time building permits issued.
e) The applicant shall provide copies of the property owners association
documents/covenants for City review and approval. A copy of the document shall be
filed for recording with the final plat.
f) The developer shall enter into a stormwater reuse agreement with the City for the
stormwater reuse system.
g) The developer shall enter into a development agreement, shall agree to complete all
improvements, and pay all fees as required by the agreement.
Landscaping and Lighting
h) The final landscape plans must be submitted for review and approval by staff.
Signage
i) The property owners association shall be responsible for maintenance of all
development signage and landscaping within the outlots and common space.
16. Prior to the issuance of building permits:
Rice Lake Reserve 3rd Addition 19
a) The applicant shall file the final plat, development agreement and associated
documents with Washington County. Proof of recording shall be provided to the
City.
b) The applicant shall submit three full sets of approved final plans to the City.
c) If a sales trailer is located in the property, a site plan and building elevations shall be
submitted for City review and approval.
17. Prior to the issuance of Certificate of Occupancy:
a) All improvements required in the development agreement shall be constructed and
finished.
Rice Lake Reserve 3rd Addition 20
EXHIBIT C
ESCROWS, FEES AND CHARGES
a) Escrow for City Costs and Fees. The Developer shall deposit
sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the
account is calculated at $_______________. This sum is calculated to be four percent (4%) of the
estimate of the required Improvements to be installed to serve the development, plus $5,000 which
is the minimum balance required in the account.
b) Cash Escrow or Letter of Credit. The Developer shall provide a
financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal
to one hundred twenty-five percent (125%) of the estimated amount of the required Improvements.
This amount has been calculated by the City Engineer to be $__________. This amount may be
reduced upon request of the Developer and approved by the City. At no point shall the Letter of
Credit be reduced below ten percent (10%) of the original amount. The City shall have the right to
retain the financial guarantee until the Improvements have been completed to the satisfaction of the
City and the warranty period has expired.
c) Storm Water Trunk Fee. The Developer shall pay the City a Storm
Water Trunk Fee in the amount of $15,398. This sum is calculated to be $0.07 per square foot for
the 219,978 square feet of net developable area within the Plat. This fee shall be paid before the Plat
is signed by the City.
d) Storm Water Ponding Fee. The storm water ponding requirement has
been met by the Developer through the incorporation of on-site ponding. No storm water ponding
fee will be applied.
e) Snow Plowing. The Developer agrees to pay a one-time lump sum
cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first
snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The
Developer shall post a cash escrow with the City in the amount of $__________.
g) Street Maintenance. The Developer shall post a one-time lump sum
cash escrow with the City in the amount of $_________ to cover the cost of the first street
maintenance the streets in the Plat. This sum is calculated to be $4.00 per foot for the ____ feet of
streets within the Plat.
h) Park Dedication. The Developer agrees to pay a park dedication fee
of $2,400 per lot for residential development payable before the final plat is signed by the City.
Rice Lake Reserve 3rd Addition 21
Said fee shall be due for each of the 20 lots within the Plat (i.e. total due $48,000).
i) Cul-de-sac Escrow. N/A
j) Escrow for Street Signage. N/A
k) WCA Escrow. N/A
l) Sanitary Sewer Trunk Fee. The Developer shall pay the City a sanitary
sewer trunk fee in the amount of $32,640.00. This sum is calculated to be $1,632 per lot for the 20
residential lots within this phase.
m) Water Trunk Fee. The Developer shall pay the City water trunk fee in the
amount of $23,520. This sum is calculated to be $1,960 per lot, with credit provided for the
stormwater reuse/irrigation system based on the anticipated reduction in water demand. The
reduction is calculated at 40%, resulting in a trunk water fee amount of $1,176 per lot. The total is
based on the reduced per unit fee applied to the 20 lots in the plat.
Rice Lake Reserve 3rd Addition 22
EXHIBT D
IRREVOCABLE LETTER OF CREDIT
No._______________
Date: ______________
TO: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Sir or Madam:
We hereby issue, for the account of __________________________, and in your favor, our
Irrevocable Letter of Credit in the amount of $________________, available to you by your draft
drawn on sight on the undersigned bank.
The draft must:
a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated
________________, 200__, of _________________”;
b) Be signed by the City Administrator; and,
c) Be presented for payment at ____________________________________________
on or before 4:00 p.m. on _______________________, _____.
This Letter of Credit shall automatically renew for successive one (1) year terms unless, at
least forty-five (45) days prior to the next annual renewal date (which shall be _________________
of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the
terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail,
postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual
renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue
North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days
prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be
modified, amended, amplified or limited by reference to any document, instrument or agreement,
whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than
Rice Lake Reserve 3rd Addition 23
one draw may be made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs
and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall
be duly honored upon presentation.
By:
Its
Rice Lake Reserve 3rd Addition 24
EXHIBIT E
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
INSURED:
ADDITIONAL INSURED: City of Hugo
AGENT:
WORKERS’ COMPENSATION:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
COVERAGE – Workers’ Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
( ) Claims Made ( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
Rice Lake Reserve 3rd Addition 25
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for each occurrence
-OR-
Combination of Single Limit Policy $1,000,000 ore more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy No.:
Effective Date: Expiration Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Rice Lake Reserve 3rd Addition 26
Bodily Injury:
$500,000 each person $1,000,000 each occurrence
Property Damage:
$500,000 each person
-OR-
Combined Single Limit Policy: $1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE
ON ANY OF THE ABOVE COVERAGES:
If so, list: Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS
WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED.
Dated at
on
BY:
Authorized Insurance Representative
Rice Lake Reserve 3rd Addition 27
EXHIBIT F
Mortgage Consent
VICINITY MAPSITEENGINEERINGSURVEYINGENVIRONMENTALRICE LAKE RESERVE 3RD ADDITION138TH COURT N.GRAYSTONE AVENUE
N.138TH COURT N.
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SANITARY SEWER &WATER MAINofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_utility.dwgSave Date:02/16/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.940935930925920915910905940935930925920915910945138TH STREET N3945G H O S
TP L A T
137TH STREET N (C.S.A.H. 8)SANITARY SEWER &WATER MAINofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_utility.dwgSave Date:02/16/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.9459409359309259209159109459409359309259209154GRAYSTONE AVENUE N
STORM SEWER905940935930925920915910945ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_utility.dwgSave Date:02/16/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.9409359309259209159109455945940935930925920915910905G H O S TP L A TG H O S TP L
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STREET CONSTRUCTIONofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_street.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1.#8015138TH STREET N9459409359309259209459409359309259206GRAYSTONE AVENUE N915R I C E L A K E R E S E R V E2 N D A D D I T I O NMPH
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.DETAILS7
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.DETAILS8
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.DETAILS9
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.DETAILS10
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.FRAMECURBFRAME11DETAILS
ofoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\3rd addition\8015_details.dwgSave Date:02/28/2312Revisions:Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota2/15/23 DPE2/15/23Brian J. Krystofiak, P.E.25063BJKM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416RICE LAKE RESERVE3RD ADDITIONHugo, Minnesota1. 2/15/23 Bid set.#80152. 2/28/23 Submittal set.DETAILS12
Know what'sbelow.before you dig.CallRT1TURN LANE REMOVALS PLANFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set
Know what'sbelow.before you dig.CallRT2TURN LANESITE & UTILITY PLANFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set4. 10/23/20 Per County Comments
Know what'sbelow.before you dig.CallRT3TURN LANE GRADING PLANFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set
Know what'sbelow.before you dig.CallRT4TURN LANESUPERELEVATIONTRANSITION PLANFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set
T5TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set1+009309359409309359402+009309359409309359403+00930935940930935940
T6TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set4+009309359409309359405+009309359409309359405+39930935940930935940
T7TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set6+009309359409309359407+009309359409309359408+00930935940930935940
T8TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set9+0093093594010+0011+00930935940930935940930935940930935940930935940
T9TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set12+0093594094513+0014+00935940945935940945935940945935940945935940945
T10TURN LANE CROSS SECTIONSFENWAY LAND COMPANY13925 Fenway Boulevard NorthHugo, Minnesota 55038ofRICE LAKE RESERVEHugo, Minnesotaof3890 Pheasant Ridge Drive NE, Suite 100Blaine, MN 55449Phone: (763) 489-7900Fax: (763) 489-7959www.carlsonmccain.comf:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final utility\turn lane\8015_turn lane.dwgSave Date:02/28/23environmentalengineeringsurveying···10Revisions:1. 3/19/20 Per County CommentsPrint Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota3/3/2020KRO3/3/2020Justin J Olson54231JJO2. 4/1/20 Per County Comments3. 4/2/20 Per County Comments5. 2/15/23 Bid Set6. 2/28/23 Submittal Set15+0093594094516+0017+00935940945935940945935940945935940945935940945
PHASE IPHASE IPHASE IPHASE II1 S T A D D I T I O N1 S T A D D I T I O N2 N DA D D I T I O NNo. 8015COVERKnow what'sbelow.before you dig.CallR WETLAND FILL SUMMARY 1G H
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S TP L A TG H O S TP L A TRice Lake Reservegrading, development &erosion control plansHugo, MinnesotaM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:02/28/236Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK VICINITY MAP SITE
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N1 S T A D D I T I O N2 N DA D D I T I O NNo. 8015GRADING, DEVELOPMENT& EROSION CONTROL PLAN2M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:02/28/236Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK2 N
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PHASE IPHASE IPHASE II1 S T A D D I T I O N2 N DA D D I T I O NNo. 8015GRADING, DEVELOPMENT& EROSION CONTROL PLAN3M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:02/28/236Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK
PHASE IPHASE INo. 8015G H O S TP L A TGRADING, DEVELOPMENT& EROSION CONTROL PLAN4M/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_grade.dwgSave Date:02/28/236Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK2 N DA D D I T I O N 3 R DA D D I T I O N
No. 8015DETAILSFRAMECURBFRAMEM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_details.dwgSave Date:06/10/226Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK5
No. 8015DETAILSM/I HOMES5354 Parkdale DriveSt. Louis Park, MN 55416ofRICE LAKE RESERVEHugo, Minnesotaoff:\jobs\8001 - 8020\8015 - goodview\cad c3d\engineering\final grading\8015_details.dwgSave Date:06/10/226Revisions:1. 12/04/20 - per City Comments6. 06/10/22 Revise Lot 1712. 06/02/21 - Monument Sign7. 02/15/23 per 3rd Addition3. 11/10/21 - per 2nd Addition4. 02/03/22 - Revise Phase II Grading5. 04/14/22 - Revise Rear Yards of Lots 123-125Print Name:Signature:Date:License #:Drawn:Designed:Date:I hereby certify that this plan, specificationor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Professional Engineer underthe laws of the State of Minnesota10/16/20LOC10/16/20Brian J. Krystofiak, P.E.25063BJK6
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