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HomeMy WebLinkAbout2023.07.10 CC Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. June 12, 2022, Executive Session - City Administrator Review  Summary Statement to be read by the Mayor 2. June 12, 2022, City Council Meeting 3. June 13, 2023, Premier Bank Ground Breaking 4. June 23, 2023, Torch Run for Special Olympics 5. June 27, 2023, Bernin Park Neighborhood Meeting E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Nothing Scheduled G. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by one motion and a roll call vote. If a member of the City Council or the public wishes to discuss an item, that item will be removed from the Consent Agenda and will be considered separately. 1. Approve Claims Roster 2. Approve Performance Review for Building Inspector Terry Hagstrom 3. Approve Retirement of Kevin Kriegshauser from the Hugo Fire Department 4. Approve Mid-Year Performance Review for Public Works Worker Neal Nelson 5. Approve Donation to the Hugo Fire Department from St. John the Baptist Men’s Club 6. Approve Transfer of Ownership Agreement of AEDs to the City of Hugo from Washington County 7. Approve Summary Ordinance for Solar Farm Moratorium 8. Approve Hugo Firefighter’s Relief Association Request for Increase in Lump-Sum Pension 9. Approve Language Update to the Hugo Firefighter’s Relief Association Bylaws 10. Approve Temporary Liquor License for Hugo Lions Club for Wilson Tool Picnic 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, July 10, 2023 Address: 14669 Fitzgerald Ave. N. Hugo, MN 55038 Phone: 651-762-6300 Website: www.ci.hugo.mn.us H. PUBLIC HEARING 1. Public Hearing on Interim Ordinance for Cannabis 2. Public Hearing on Vacation of Drainage and Utility Easement for Adelaide Landing and Approval of Final Plat and Development Agreement for 7th and 8th Addition 3. Public Hearing on Vacation of Drainage and Utility Easement and Approval of Property Line Adjustment for 12345 Hilo Court North and 12237 Hilo Court North I. UNFINISHED BUSINESS 1. Discussion on Amended Street CIP 2. Discussion on Assessment Fees 3. Discussion on Fire Department Staffing Needs J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Midyear Budget for Wednesday, August 30, 2023 2. Schedule Kids ‘n Biz on Saturday, September 30, 2023 3. Reschedule Citywide Bus Tour for Saturday, October 7, 2023 4. Appoint Representative to Committee for Northeast Metro Water Policy Planning N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON JULY 10, 2023 D.1 Approve of Minutes for the June 12, 2022, City Administrator Review D.2 Approve of Minutes for the June 12, 2022, City Council Meeting D.3 Approve of Minutes for the June 13, 2023, Premier Bank Ground Breaking D.4 Approve of Minutes for the June 23, 2023, Torch Run for Special Olympics D.5 Approve of Minutes for the June 27, 2023, Bernin Park Neighborhood Meeting Staff recommends Council approve the above minutes as presented. G. 1 Approve of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Performance Review for Building Inspector Terry Hagstrom Terry Hagstrom was hired on July 12, 2021, as a new Building Inspector. Building Official Joel Hoistad recommends Council approve the annual performance review for Building Inspector Terry Hagstrom. G.3 Approve Retirement of Kevin Kriegshauser from the Hugo Fire Department In May of 2010, Kevin Kriegshauser was hired as a firefighter on the Hugo Fire Department. Kevin has relocated outside of the City of Hugo and submitted his notice of retirement from the department. Staff recommends Council approve the retirement of Kevin Kriegshauser from the Hugo Fire Department. G.4. Approve Mid-Year Performance Review for Public Works Worker Neal Nelson In 2017, after two years as a summer seasonal employee, Neal Nelson was hired by the City as a full time employee under our Public Works apprentice program. This program allows the City to hire individuals who are interested in entering the public works field with minimal experience. The City trains these individuals to be a valuable part of the Public Works Department. Mr. Nelson successfully completed the apprenticeship program in 2020 and was moved to the status of regular full-time employee. The Public Works Director is requesting Council approval to advance him to step 5 of pay grade 5 now which would make him eligible for the maximum at the end of the year. The mid-year step adjustment has been discussed with the Finance Department and they feel that the current budget can accommodate the requested salary increase. Staff recommends Council approve the mid-year performance review and step increase for Public Works Worker Neal Nelson. G.5 Approve Donation to the Hugo Fire Department from St. John the Baptist Men’s Club Th St. John the Baptist Men’s Club would like to donate $500 to the Hugo Fire Department. Donations to the Fire Department must be approved by Council. Staff recommends Council approve the $500 donation. G.6 Approve Transfer of Ownership Agreement of AEDs to the City of Hugo from Washington County Washington County Sheriff’s Office has received a grant to purchase new Automated External Defibrillators (AED) and wants to donate four used AEDs to the Hugo Fire Department. These AEDs are still functional and will be used by the Fire Department in public buildings and for their AED program. Donations to the Fire Department must be approved by the Hugo City Council. Staff recommends Council approve the Transfer of Ownership Agreement for the donation of AEDs from Washington County to the Hugo Fire Department G.7 Approve Summary Ordinance for Solar Farm Moratorium At its June 12, 2023, meeting, Council had approved an ordinance for a moratorium on solar farms. Staff has prepared a summary of the ordinance for publication. Staff recommends Council approve the Summary Ordinance for the Solar Farm Moratorium. G.8 Approve Hugo Firefighter’s Relief Association Request for Increase in Lump-Sum Pension   The Board of Trustees for the Hugo Firefighter’s Relief Association has formally requested City Council ratification of an increase of $300 per year of service in their lump-sum pension benefit. The Finance Department has reviewed this request and finds it to be financially feasible and consistent with the Pension Fiscal Policy adopted in April, 2012. Staff recommends Council ratify the Board of Trustees request for a $300 increase in their lump-sum pension benefit and corresponding change to their bylaws. G.9 Approve Language Update to the Hugo Firefighter’s Relief Association Bylaws   After reviewing the current and historical bylaws of the Hugo Firefighter’s Relief Association the Office of the State Auditor has requested that the Relief Association update their bylaws to specify the deferred interest credit method. Historically, deferred interest has been based on full calendar years and the Relief Association has voted to update the language in their bylaws to specify this method and has formally requested City Council ratification of this language update. Staff recommends the City Council ratify the langue update to the Hugo Firefighter’s Relief Association Bylaws specifying that the deferred interest credit method will be based on full calendar years. G.10 Approve Temporary Liquor License for Hugo Lions Club for Wilson Tool Picnic The Hugo Lions Club has applied for a Temporary On-Sale Liquor License to serve alcohol at the Wilson Tool picnic to be held at Hanifl Fields on Saturday, August 12, 2023. Staff recommends Council approve the Temporary Liquor License for the Hugo Lions Club. H.1 Public Hearing on Interim Ordinance for Cannabis In 2022, the Legislature legalized the sale and use of edible cannabinoid products but provided no parameter for the sale of these products. On August 15, 2022, the City Council approved an interim ordinance on THC products for one year in the City of Hugo. A new law enacted at the end of the 2023 Legislative Session legalized adult–use cannabis in Minnesota and established a regulatory framework over the cannabis industry. As of August 1, adults who are 21 years and older will be able to possess marijuana with certain restrictions. Included in this new law is the creation of the Office of Cannabis Management that will be responsible for licensing all cannabis related businesses. The OCM predicts it will have procedures in place by January 1, 2025. The new law also allows cities to adopt an interim ordinance to place a moratorium until January 1, 2025, on the businesses involving these products to allow the City to consider restrictions on the time, place, and manner of operation of cannabis businesses. Staff recommends Council hold the public hearing on the interim ordinance. H.2 Public Hearing on Vacation of Drainage and Utility Easement for Adelaide Landing and Approval of Final Plat and Development Agreement for 7th and 8th Addition S & S Real Estate Holdings, LLC, has requested a vacation of the existing drainage and utility easement located over Lot 1, Block 12, Adelaide Landing. The Outlot will be used for the development of Adelaide Landing 7th and 8th Additions. This lot has an existing home on the property that will be demolished. New drainage and utility easements will be placed on the lots at the time the final plat is recorded. The applicant is requesting approval of a final plat and development agreement in order to plat 6 lots for the 7th Addition and 1 lot for the 8th Addition. These final plat requests will plat the remaining 7 lots from the Adelaide Landing preliminary plat. These are the final phases of the development. The lots meet the minimum lot standards and requirements outlined in the regulations for the Adelaide Landing PUD. Staff recommends that the City Council approve the notice to vacate the drainage and utility easement located over Lot 1, Block 12, Adelaide Landing. Staff recommends approval the resolutions approving the Final Plat and Development Agreement for Adelaide Landing 7th and 8th Addition. H.3 Public Hearing on Vacation of Drainage and Utility Easement and Approval of Property Line Adjustment for 12345 Hilo Court North and 12237 Hilo Court North Kile and Jennifer Nadeau are requesting approval of a property line adjustment for their properties located at 12345 and 12237 Hilo Court North. The properties are 8.76 acres and 8.14 acres respectively in size. The applicants are proposing to adjust the property lines so that the parcels are 11.9 acres and 5.0 acres in size. There exists a drainage and utility easement over the property line between these two parcels. Therefore, the applicants are also requesting an easement vacation in order to relocate the easement along the adjusted property line. The proper drainage and utility easements will be dedicated for the property only after the easement vacation is approved I.1 Discussion on Amended Street CIP The City of Hugo continues to work to improve its roadway infrastructure and has evaluated City streets by conducting pavement condition ratings and road tours to prioritize improvement projects. This past year has been particularly damaging to our roadways, with many road conditions drastically changing for the worse, resulting in significant changes to priorities for future road improvement projects. The Capital Improvement Plan (CIP) provides a schedule for the various roadway improvements that are necessary to maintain the City streets in an effective and efficient manner. The proposed Capital Improvement Plan has been reviewed and discussed with the Finance Director Anna Wobse and Public Works personnel. The financial model for the Capital Improvement Plan was updated for projected revenues and expenditures and the Capital Improvement Plan can be funded. Improvements identified to be completed in 2024 include the reconstruction of Heather Avenue and Upper Heather Avenue area and pavement reclamation along 125th Street. Staff recommends approval of the resolution requesting Council to consider approving the proposed 2024 – 2028 Capital Improvement Plan and the resolution requesting Council to consider authorizing the preparation of a Feasibility Report for the 2024 Street Improvement Project. I.2 Discussion on Assessment Fees The City of Hugo last amended its assessment policy in 2013. Occasional review of the policy to confirm or modify assessment approach is good municipal practice. Staff will help lead discussion on to the existing assessment policy and areas we may want to evaluate. Areas of discussion will be centered on assessment approach, unique circumstances encountered in the past that we may want to include in the policy and assessment rates. I.3 Discussion on Fire Department Staffing Needs At its meeting on March 6, 2023, Council created a subcommittee to discuss organizational changes within the Hugo Fire Department, including whether to hire a full-time Fire Chief. Staff will present to council findings and recommendations from the subcommittee. Based on these findings, the City Administrator is recommending Council authorize the hiring of a Full-Time Fire Chief. The next steps would involve the creation of a job description, position profile, and salary structure for final Council approval at a later meeting. M.1 Schedule Midyear Budget for Wednesday, August 30, 2023 Staff recommends Council schedule the Midyear Budget Workshop for Wednesday, August 30, 2023, at 5 p.m. in the Council Chambers. M.2 Schedule Kids ‘n Biz on Saturday, September 30, 2023 The annual Kids ‘n Biz festival is scheduled for Saturday, September 30, 2023, at Oneka Elementary School from 9 a.m. to noon. Staff recommends Council schedule this as a meeting if they wish to attend. M.3 Reschedule Citywide Bus Tour for Saturday, October 7, 2023 Council had previously scheduled the Citywide Bus Tour for Saturday, September 30. This is the same day as Kids ‘n Biz. Staff recommends Council reschedule the Citywide Bus Tour for Saturday, October 7, 2023, at 10 a.m. Location TBD. M.4 Appoint Representative to Committee for Northeast Metro Water Policy Planning The Metropolitan Council is creating a work group consisting of representatives from local community and agencies for the purpose of developing a comprehensive plan to ensure sustainable water resources in this part of the metropolitan area. Staff recommends Council make an appointment to this committee. The deadline is Friday, July 21, 2023. N. Adjournment 1 SUMMARY FOR REVIEW On June 12, 2023 the City Council held a routine annual performance review of the City Administrator as required by Minnesota law. The Council summarizes the review as follows: The City Administrator’s performance has been exceptional and service-focused. The Council expresses its ongoing appreciation. MINUTES City Council Meeting City Hall Council Chambers Monday, June 12, 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, Petryk, Miron, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City Attorney Dave Snyder, Community Development Director Rachel Juba, Parks Planner Shayla Denaway, City Clerk Michele Lindau Approve Minutes for the May 15, 2023, City Council Meeting Klein made motion, Petryk seconded, to approve the minutes for the City Council meeting held on May 15, 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 an encroachment agreement for 13144 Geneva Avenue North to the Consent Agenda. All Ayes. Motion carried. Legislative Update - MN House Representative Patti Anderson Minnesota House Representative Patti Anderson gave the Council an update on the latest legislative session that finished up three weeks ago. She said there were a lot of changes and money spent, and she generally voted “no” on most things. She said she helped with the language to deal with the White Bear Lake water issue, and she talked about money Forest Lake received in the Bonding Bill, which will affect the watersheds and spur development in that area. She recently met with the County to talk about connecting trail systems in the County. She said the LGA money was going up. Anderson had attended the Hugo Good Neighbor Days Parade the past weekend and said it was great. Weidt said he appreciated her help at the legislature and the work she did on the WBL language and funding. Anderson said it was an honor to serve Hugo. Washington County Sheriff’s Office (WCSO) Report – Sheriff Dan Starry Sheriff Dan Starry called on Sergeant Zerwas to introduce the team the serves Hugo. Present Council Meeting Minutes for June 12, 2023 Page 2 of 12 were Detective Jaring and Deputies Reiter, Monsma, Curtis, Workman, Peterson, and Lioland. Starry introduced Deputy Chief Doug Anschutz, who had been with the Department for 27 years and Commander Tim Harris, who had been with the Department for 22 years. Starry provided a summery of 2022 that included a breakdown of the $1.3 million contract for Hugo police services explaining the cost was $83.88 per capita using an estimated population of 16,400. This may increase in 2024. The County Board will be setting salaries in November, and will be requesting to add another deputy. Their 2022 focus and initiatives included recruitment and retention. He explained the C.O.R.E. program that provided resources to support the deputies and their families so they are at their best. He talked about Deputies Curtis, Peterson and Monsma who were DARE instructors and the importance of making those connections early on. Starry provided stats that showed department gets about 400 calls per hour. There were 8,583 calls for service in 2022 and 370 cases investigated by Detective Jaring. Data showed arrests increased by 25% over the previous year. Motor vehicle accidents increase by 27%, and mental health call increased by 448, and he talked about the importance of de-escalation. Fleeing in motor vehicles was happening daily. Traffic complaints and crashes increase in the summer throughout the county. Person in crises calls increased 34% from last year to 172., and overdoses in Hugo decreased to five from seven in 2023. Medication drop boxes help, and one located in Hugo City Hall. The Coordinated Response Ream gets people immediate help through social services. A Specialized Enforcement Team focuses on traffic issues. The Specialized Investigations Unit does a lot of work behind the scene and focuses on crime trends. They have also recently authorized the Pursuit Intervention Technique (PIT) during chases to end chases as soon as possible. He concluded by thanking the Council, staff, and residents for their support and was proud and thankful to serve Hugo. Miron asked about community engagement. Starry talked about their therapy dog “Rookie” and the dog’s ability to ease tension of persons in crises. Deputy Kelly was recently on the news for her program “Kelly Cares” that involves building relationships with school kids by giving them rides to school. Petryk commented on the positive things about Hugo and the importance of people feeling safe. Weidt said he appreciated the relation the City had with the County, and he asked about the additional deputy. Starry responded that talks would continue. Recess Weidt called for a short recess at 7:47 p.m. The meeting reconvened at 7:52 p.m. Consent Agenda Miron made motion, Strub seconded, to approve the following Consent Agenda: 11.. Approve Claims Roster 2. Approve Annual Performance Review for Public Works Mechanic Steven Garcia 3. Approve Annual Performance Review for Public Works Worker Corey Triemert Council Meeting Minutes for June 12, 2023 Page 3 of 12 4. Approve Annual Performance Review for Public Works Worker Riley Hollerback 5. Approve Annual Performance Review for Utility Billing Clerk Jodie Guareschi 6. Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith 7. Approve Retirement of Hugo Firefighter Doug Millard 8. Approve Resignation of Administrative Intern Joe Hinzman 9. Approve Donation from the Hugo American Legion to the Hugo Fire Department 10. Approve Special Event Permit for Ruck March on August 5, 2023 11. Approve Temporary Liquor License for Hugo Yellow Ribbon Network for Ruck March on August 5, 2023 12. Approve Special Event Permit for Tough Mudder on July 8-9, 2023 13. Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on July 8-9, 2023 14. Approve Lawful Gambling Exempt Permit for Raffle at Shoot for the Troops Event on August 15, 2023 15. Approve Limited Use Permit for TH 61 Roundabout 16. Approve Cooperative Construction Agreement with MnDOT for TH 61 Roundabout 17. Approve Amended Personnel Policy to Include Juneteenth as a City Holiday 18. Approve Final Plat and Development Agreement for Oneka Prairie 19. Approve Wetland Replacement Plan for Goodview Estates 20. Approve Encroachment Agreement for 16212 Empress Avenue North 21. Approve Encroachment Agreement for 13144 Geneva Avenue North All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual Performance Review for Public Works Mechanic Steven Garcia At its June 6, 2023, meeting, Council approved the hiring of Steve Garcia as the new Public Works Mechanic beginning June 7, 2023. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Mechanic Steve Garcia. Approve Annual Performance Review for Public Works Corey Triemert At its June 6, 2023, meeting, Council approved the hiring of Corey Triemert as a Public Works Worker beginning on June 27, 2022. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Corey Triemert. Approve Annual Performance Review for Public Works Worker Riley Hollerback At its June 6, 2023, meeting, Council approved the hiring of Riley Hollerback as a Public Works Worker beginning on June 21, 2022. Adoption of the Consent Agenda approved the Annual Performance Review for Public Works Worker Riley Hollerback. Council Meeting Minutes for June 12, 2023 Page 4 of 12 Approve Annual Performance Review for Utility Billing Clerk Jodie Guareschi At its June 17, 2002, meeting, Council approved Jodie Guareschi as the City’s Utility Billing Clerk in the Finance Department. Adoption of the Consent Agenda approved the annual performance review for Utility Billing Clerk Jodie Guareschi. Approve Annual Performance Review for Public Works Streets Lead Worker Tom Smith Tom Smith was hired by the City of Hugo on June 26, 2000 as a Worker in Public Works Department and promoted to Streets Lead Worker on April 17, 2023. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Tom Smith. Approve Retirement of Hugo Firefighter Doug Millard Doug Millard had served on the Hugo Fire Department since being hired in October, 2010. Doug had submitted his letter of retirement. Adoption of the Consent Agenda approved the retirement of Doug Millard effective May 31, 2023. Approve Resignation of Administrative Intern Joe Hinzman Joe Hinzman was hired as an Administrative Intern and began work on October 24, 2022. Joe found full time employment in the private sector and had submitted his letter of resignation. Adoption of the Consent Agenda approved the resignation of Joe Hinzman effective June 2, 2023. Approve Donation from the Hugo American Legion to the Hugo Fire Department The Hugo American Legion had requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment. All donations to the Fire Department needed to be approved by the Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department. Approve Special Event Permit for Ruck March on August 5, 2023 Raymond Singson, 23rd Veteran representative, had applied for a Special Event Permit to hold a Ruck March on August 5, 2023, at Wild Wings of Oneka, 14733 Irish Avenue North. 23rd Veteran is a 501c3 nonprofit that works to help veterans living with trauma. Participants would walk up to ten miles on a 1-2 mile loop with backpacks loaded with donation for homeless veterans. This would be the 8th consecutive year this event has been held and the first year held at Wild Wings. This required a Special Event Permit approved by Council because there would be an estimated 500 registered attendees, use of an amplified sound system, and alcohol served. Adoption of the Consent Agenda approved the Special Event Permit for the Ruck March on August 5, 2023, subject to the conditions in the staff memo. Council Meeting Minutes for June 12, 2023 Page 5 of 12 Approve Temporary Liquor License for Hugo Yellow Ribbon Network for Ruck March on August 5, 2023 The Hugo Yellow Ribbon Network had applied for a Temporary Liquor License to sell beer at the Ruck March on August 5, 2023, at Wild Wings Game Farm. The Hugo Lions Club would assist by organizing and selling. Staff had received the permit application, fee, and proper insurance. Adoption of the Consent Agenda approved the Temporary Liquor License for the Hugo Yellow Ribbon Network for the Ruck March on August 5, 2023. Approve Special Event Permit for Tough Mudder on July 8-9, 2023 Tough Mudder had applied for a Special Event Permit to hold a two- day endurance sport event at Wild Wings Game Farm on July 8-9 including an overnight event on Saturday, July 8. Tough Mudder is a for profit company that had held events in the US since 2010 and elsewhere in the world since 2016. This would be the seventh year the event has been held at Wild Wings. This required a Special Event Permit approved by Council because there would be an estimated 5,400 people on site on Saturday, 550 overnight on Saturday, and 2,000 on Sunday; impacts to public streets; use of an amplified sound system; and alcohol served. Adoption of the Consent Agenda approved the Special Event Permit for the Tough Mudder on July 8-9, 2023, subject to the conditions in the staff memo. Approve Temporary Liquor License for Hugo Lions Club for Tough Mudder on July 8-9, 2023 The Hugo Lions Club had applied for a Temporary Liquor License to sell beer and seltzers at the Tough Mudder on July 8-9, 2023, at Wild Wings Game Farm. Staff had received the permit application, fee, and proper insurance. Adoption of the Consent Agenda approved the Temporary Liquor License for the Lions Club for the Tough Mudder on July 8-9, 2023, subject to receipt of the permit fee. Approve Lawful Gambling Exempt Permit for Raffle at Shoot for the Troops Event on August 15, 2023 Shoot for the Troops had applied for a Lawful Gambling Exempt Permit to hold raffles at their shooting event to be held at Wild Wings on August 15, 2023. These permits needed to be approved by the City before being issued by the state. Adoption of the Consent Agenda approved the Lawful Gambling permit for Shoot for the Troops. Approve Limited Use Permit for TH 61 Roundabout The TH 61 and 159th Street Reconstruction would be utilizing funding from MnDOT to complete the improvements. Therefore, the City was required to execute a Limited Use Permit (LUP) with MnDOT for the portion of the trail within the TH 61 (Forest Boulevard N) right-of- way. A portion of the trail that fell within the MnDOT TH 61 (Forest Boulevard N) right-of-way and the LUP. The LUP was limited to the construction, maintenance, and operation of the trail within the TH 61 (Forest Boulevard N) right-of-way. Adoption of the Consent Agenda approved Council Meeting Minutes for June 12, 2023 Page 6 of 12 RESOLUTION 2023-9 APPROVING LIMITED USE PERMIT WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION FOR A NON-MOTORIZED RECREATIONAL TRAIL IN THE RIGHT-OF-WAY OF TRUNK HIGHWAY 61 (FOREST BOULEVARD) FOR THE TH 61 & 159TH STREET RECONSTRUCTION S.P. 8206-53. Approve Cooperative Construction Agreement with MnDOT for TH 61 Roundabout The City of Hugo was successful in the Local Partnership Program grant application and would be receiving $710,000 in funds for the TH 61 and 159th Street Reconstruction project. It was recommended that the City of Hugo enter into MnDOT Agreement No. 1052505 with the State of Minnesota, Department of Transportation to provide for payment by the State to the City of the State's share of the costs of the roundabout construction and other associated construction to be performed upon, along and adjacent to Trunk Highway No. 61 at 159th Street North within the corporate City limits under State Project No. 8206-53. The State would be finalizing the standard Cooperative Construction Agreement between the State and City. Staff was requesting authorization for the Mayor and City Engineer to sign this agreement once received, subject to City Attorney review and approval. This would help keep the project on schedule considering City Council meeting cancellation on June 19th. Adoption of the Consent Agenda approved RESOLUTION 2023-10 TO ENTER INTO MNDOT AGREEMENT NO. 1052505 TH 61 & 159TH STREET RECONSTRUCTION. Approve Amended Personnel Policy to Include Juneteenth as a City Holiday A law to establish Juneteenth as a state-recognized holiday was signed into law in February, 2023, and was to go into effect on August 1, 2023. A provision included in the state and local government omnibus bill adjusted that date to make the holiday required this year. State law prohibits transactions of public business on state holidays. Adoption of the Consent Agenda approved the amendment to the City Personnel Policy to include Juneteenth as a City Holiday. Approve Final Plat and Development Agreement for Oneka Prairie Southwind Holdings, LLC., had requested approval of a final plat in order to plat 59 lots on the parcel located at the existing end of Oneka Parkway for the Oneka Prairie development. This development would be completed in one phase. The City Council had reviewed and approved the preliminary plat and PUD for Oneka Prairie at its December 19, 2022, meeting. The lots met the minimum lot standards and requirements outlined in the regulations for the Oneka Prairie PUD. Adoption of the Consent Agenda approved RESOLUTION 2023-11 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT FOR SOUTHWIND HOLDINGS, LLC, ON PROPERTY LOCATED 16345 EVERTON AVENUE NORTH FOR ONEKA PRAIRIE. Approve Wetland Replacement Plan for Goodview Estates Integrity Land Development, Inc., proposed to develop a 70-acre property located south of Egg Lake Road and west of Goodview Avenue to be known as Goodview Estates. The development would include 59 residential lots. There was .64 acres of wetland impacted due to grading and Council Meeting Minutes for June 12, 2023 Page 7 of 12 street construction. The applicant had proposed to replace the impacts to the wetland basin though the purchase of wetland credits from an approved wetland bank. Adoption of the Consent Agenda approved the wetland replacement plan, subject to final Technical Evaluation Panel issuance of the Notice of Decision for the wetland replacement application. Approve Encroachment Agreement for 16212 Empress Avenue North Benjamin and Kindra Lesnau had requested an encroachment agreement to allow construction of a sport court within a drainage and utility easement on property located at 16212 Empress Avenue North. The Senior Engineering Technician had reviewed the location of the sport court and was comfortable with the request. Staff had reviewed the request and recommended that the City Council approve the encroachment agreement. Adoption of the Consent Agenda approved RESOLUTION 2023-12 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A SPORT COURT AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 16212 EMPRESS AVENUE NORTH. Approve Encroachment Agreement for 13144 Geneva Avenue North Staff added this to the Consent Agenda. Drake and Kelsey Myhrman had requested an encroachment agreement to allow construction of a retaining wall within a drainage and utility easement on property located at 13144 Geneva Avenue North. The Senior Engineering Technician had reviewed the location of the retaining wall and was comfortable with the request. Staff has reviewed the request and recommends that the City Council approve the encroachment agreement. Adoption of the Consent Agenda approved RESOLUTION 2023-13 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A RETAINING WALL AND CONCRETE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 13144 GENEVA AVENUE NORTH. Vacation of Drainage and Utility Easement for Adelaide Landing At the request of the applicant, staff recommended Council table the public hearing scheduled for this evening. Staff would re-notice the public hearing when ready. Weidt made motion, Klein seconded, to table the public hearing until the applicant was ready. All Ayes. Motion carried. Approve Plans and Spec and Authorize Advertisement for Bids for TH 61 Roundabout City Engineer Mark Erichson explained the City has collaboratively worked with the development team for the Shores of Oneka Lake regarding access to TH 61. The developer would be responsible for costs associated with the construction of the roundabout and have prepared plans that were currently in the final review stages with the Minnesota Department of Transportation. MNDOT would not allow a developer to lead a project of this nature on their highway system coupled with the successful Local Partnership Program Grant the City received Council Meeting Minutes for June 12, 2023 Page 8 of 12 for this project totaling $710,000 that required this to be a City led project. The City would be required to publicly bid the project. The development agreement for this project outlined cost responsibilities indicating the development was responsible for all costs excluding the $710,000 grant received from MNDOT. Weidt made motion, Petryk seconded, to approve RESOLUTION 2023-14 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS TH 61 & 159TH STREET RECONSTRUCTION. All Ayes. Motion carried. Approve Plans and Spec and Authorize Advertisement for Bids for Lift Station No. 12 City Engineer Mark Erichson explained the Council had previously authorized staff to prepare plans and specifications for the Lift Station No. 12. Lift Station No. 12 would be a new sanitary lift station located on the east side of the extension of Oneka Parkway approximately 550 feet south of 165th Street. It would initially serve the Oneka Prairie residential development and eventually other sanitary sewer extensions to the west, north, and east. Since this was a trunk sanitary sewer lift station it would be funded by the City. The lift station included buried precast concrete structures, submersible pumps, flow meter, valves, piping, controls, and site work. Plans and Specifications had been prepared for Lift Station No. 12 and were ready to be advertised for bidding. Staff requested approval of the plans and specifications for the project and authorization to advertise for bids. Plans and Specifications were available for review at City Hall. Consideration of awarding a construction contract would occur at a future City Council meeting. Miron made motion, Klein seconded, to approve RESOLUTION 2023-15 APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING ADVERTISEMENT FOR BIDS LIFT STATION NO. 12. All Ayes. Motion carried. Discussion on Solar Farm Ordinance Review Committee (ORC) and Extension of Solar Farm Moratorium Reviewing the Solar Energy Systems Ordinance was a goal set by the Council and Planning Commission for 2023. At its meeting on February 6, 2023, the City Council approved an ordinance for a six-month moratorium on solar farms and directed staff to hold a workshop with the Planning Commission on whether changes should be made to the ordinance. A workshop was held on March 23, 2023. At its meeting on April 3, 2023, the City Council authorized the Ordinance Review Committee to study and review the solar energy systems ordinance. The ORC consisted of Council Members Klein, Miron, and three Planning Commissioners. The ORC discussed aesthetics, zoning and land use, parcel size, setbacks, and reviewed what other communities had for restrictions on solar farms. Community Development Director Rachel Juba reviewed the current ordinance and additional Council Meeting Minutes for June 12, 2023 Page 9 of 12 conditions that could be proposed. She explained that most of the proposed changes by the ORC included the performance standards such as increased setbacks, limiting the size of solar farms to five acres, pollinator friendly plants, and vegetation at least six feet tall with a management plan. The ORC also proposed imposing additional setbacks based on the type of landscaping. She recommended the Council discuss the ORC’s proposed revisions and authorize a public hearing to be held at the Planning Commission on the revisions. She said the Council could also send it back to the ORC if the Council wanted it to be reviewed by them further. The moratorium would expire on August 6, 2023, and in order to provide notice for a public hearing on the ordinance revisions, she recommended the adoption of an ordinance extending the moratorium an additional six-months. Strub asked about the five-acre maximum rationale. Juba explained the ORC wanted solar farms limited to one megawatt, and one megawatt was typically five acres. Miron, recalled that the recommendation was not driven by energy production but by visual appearance of the solar farm. Maybe over time when solar farms become more efficient, more energy could be produced on a smaller footprint. Petryk asked if an applicant could ask for a variance from the five acres. Juba replied it was a performance standard, and it could be requested if there was a compelling reason. Petryk asked about the types of pollinator plants. Juba replied that a landscape plan would be required and be part of the maintenance of the site. Weidt’s opinion was he liked the five-acre limit and could fit into a neighborhood without a lot of impact. Weidt made motion, Klein seconded, to approve. ORDINANCE NO. 2023- 526 EXTENDING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED. Miron added that there was a desire to not overly restrict residents’ property rights but to make sure it fits the landscape. He felt it was important to point out that the current project on 165th exceeds the proposed performance standards. All Ayes. Motion carried. Miron made motion, Petryk seconded, to direct staff to proceed with the proposed provisions and schedule a public hearing at the Planning Commission. All Ayes. Motion carried. Approve Proposal to Develop North Star Wetland Bank Prospectus Parks Planner Shayla Denaway provided an update on North Star Wetland Bank. At the Council meeting of May 22, 2022, authorization was given to WSB and Associates to do vegetation and hydrology monitoring and prepare a draft prospectus (scope) for the North Star Wetland Bank. In Council Meeting Minutes for June 12, 2023 Page 10 of 12 February, 2023, Council had authorized WSB to complete the draft prospectus to be submitted to the Technical Evaluation Panel to determine if the wetland bank was worth pursuing. In May, 2023, the Council approved some funding for additional monitoring work based on the feedback from the TEP. WSB had prepared a cost estimating memo outlining the next steps and a proposal for submitting the prospectus document to the TEP. The total project area of 123 acres would yield approximately 70 credits of wetland banking credits. She provided a total cost estimate of $568,000-$700,055. This did not include any trail construction but that was estimated at 1.2-2.2 million depending on the need for boardwalks and the final outline. Potential revenue was estimated at the sale of 70 wetland credits, but a more conservative estimate would be 50 credits depending on existing wetlands or if the project did not meet the performance standards. Potential revenue from the sale of credits could be between $2.1. and $6.1 million. Denaway said the TEP was generally supportive of the project, and WSB felt it was appropriate to move on to the next steps Klein made motion, Petryk seconded, to approve proposal from WSB to develop the North Star Wetland Bank Prospectus in the amount of $55,026. All Ayes. Motion carried. Discussion on Consideration of Cannabis Businesses Moratorium City Administrator Bryan Bear explained the edibles bill approved by the legislature last year legalized low potency edible products but did not provide framework for regulation. The City had approved a mortarium that would expire in August that prohibited the sale and manufacturing of them. During the 2023 Legislative Session, a cannabis bill was approved to legalize the use, possession, and sale of cannabis products. The legislation was comprehensive and very lengthy. Procession and use would become legal in August of this year, but the sale of these products was likely to be delayed until January, 2025 to allow the state to create the agency to manage licensing and regulations to be known as the Office of Cannabis Management (OCM). After the regulatory framework was establish, the City would need to fit its local responsibility within this framework. In order to allow time for that to occur, the City could put on a new interim ordinance. The interim ordinance may regulate, restrict, or prohibit the operation of a cannabis businesses within the jurisdiction or a portion thereof until January 1, 2025. Before adopting an interim ordinance, the governing body must hold a public hearing. Miron asked if with the intersection of these two bills, would the currently allowed edibles be licensed by the new state agency. Bear explained there were a few rules that now needed to follow, and there would be more under this bill. Until the OCM is established, they will be under the regulation of the MN Department of Health. He explained the new law required they apply through the state and register with the City if it complied with zoning rules. The new regulations imposed some maximums in zoning controls. The City could impose some requirements for restrictions. Petryk asked what the fees the City could impose. Bear replied that some cities had been setting their own fee structure for the low potency products. The new legislation put a halt to that and Council Meeting Minutes for June 12, 2023 Page 11 of 12 registration fees are scripted in the statute. The City would receive a fraction of the cannabis tax from retailers to be used to pay for compliance and testing. Roles of the City would be to confirm they are compliant with the City’s zoning rules, register businesses, and do compliance checks. Klein ask if the cannabis licensing would mirror liquor licensing. Bear replied that it was a new regulatory program that would be handled by the Office of Management Cannabis. If the City had adopted regulations on low potency products, those rules would be replaced by state licensing, however the City did not have those regulations in place. Miron recalled that when the City voted on the moratorium in the first place, part of the rationale was to wait for the state to comprehensively figure it out. He said it would be premature to allow something now and felt it made sense to extend the moratorium. Bear explained the current moratorium ended in August, and this would be a new moratorium. Staff would be working on the language for the moratorium. Petryk made motion, Miron seconded, to authorize a public hearing at the next Council meeting to discuss the consideration of a cannabis business moratorium. All Ayes. Motion carried. Schedule Premier Bank Groundbreaking Ceremony on Tuesday, June 13, 2023 The Council had been invited to attend the Groundbreaking Ceremony for Premier Bank at 5616 147th Street North on Tuesday, June 13, 2023, at 11 a.m. To meet notice requirements, staff had posted this as a possible quorum of the Council and recommend Council schedule this as a meeting if they wished to attend. Miron made motion, Klein seconded, to schedule a meeting to attend the Premier Bank Groundbreaking Ceremony on Tuesday, June 13, 2023. All Ayes. Motion carried. Schedule Torch Run Final Leg for Special Olympics on Friday, June 23, 2023 Council had been invited by Katye Barton to be present at the Torch Run on June 23, 2023. The Law Enforcement Torchlight Run for Special Olympics carries the “Flame of Hope” from Canada to the Twin Cities. The final leg would take place the week of June 16 and was expected to be in Hugo via the Hardwood Creek Trail at approximately 11:15 a.m. on Friday, June 23. Staff recommended Council schedule this as a meeting if they wished to attend. Strub made motion, Klein seconded, to schedule a meeting to attend the Torch Run on June 23, 2023. All Ayes. Motion carried. Council Meeting Minutes for June 12, 2023 Page 12 of 12 Reminder – Bernin Park Neighborhood Meeting on Tuesday, June 27, 2023 City Administrator Bryan Bear reminded Council they had scheduled a meeting to attend the Bernin Park Community Meeting on Thursday, June 27, 2023, at 5 p.m. in the Oneka Room at City Hall. Adjournment Miron made motion, Klein seconded, to adjourn at 8:38 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council-Premier Bank Ground Breaking 5616 147th Street North Tuesday, June 13 , 2023 11 a.m. COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt COUNCIL ABSENT: None Council attended the Ground Breaking Ceremony for the new Premier Bank. The event concluded at approximately noon. Respectfully Submitted, Bryan J. Bear City Administrator MINUTES City Council-Torch Run for Special Opympics Hugo City Hall Friday, June 23 , 2023 11:00 a.m. COUNCIL PRESENT: Klein, Petryk, Weidt COUNCIL ABSENT: Miron, Strub Council had been invited by Katye Barton to be present at the Torch Run on June 23, 2023. The Law Enforcement Torchlight Run for Special Olympics carries the “Flame of Hope” from Canada to the Twin Cities. The run was in Hugo on the Hardwood Creek Trail at approximately 11:15 a.m. Council posed for a photo with Kayte. Respectfully Submitted, Bryan J. Bear City Administrator MINUTES City Council-Bernin Park Open House Hugo City Hall Tuesday, June 27 , 2023 5 p.m.-7 p.m. COUNCIL PRESENT: Klein, Strub, Petryk, Weidt COUNCIL ABSENT: Miron PARKS COMMISSIONERS PRESENT: Meredith St. Pierre, Valerie Boyd, Ranell Tennyson, Cathy Moore-Arcand STAFF PRESENT: Bryan Bear, Scott Anderson, Max Gort, Shayla Denaway Denaway gave a presentation and residents were invited to ask questions and make comments on the Bernin Park Master Plan. Respectfully Submitted, Shayla Denaway Parks Planner 6/15/2023 Chief Compton, Please accept this letter as notice of my retirement from the Hugo Fire Department, effective 6/25/2023. I have had the pleasure to serve the community for the last 13+ years. I have relocated out of the area so I will no longer be able to serve. I feel fortunate to have had all the opportunities for training, promotions, various positions with the Relief Association and most of all the personal growth that being part of this organization allowed me. I wish the City of Hugo and the Hugo Fire Department nothing but the best in the future. Be safe and take care! Sincerely, Kevin M. Kriegshauser   Law Enforcement Center • 15015 62nd Street North • P. O. Box 3801 • Stillwater, MN 55082‐3801  Telephone: 651‐430‐7600 • Fax: 651‐430‐7603 • TTY: 651‐430‐6246    www.wcso.info  Washington County is an equal opportunity organization and employer  Office of the Sheriff  Commitment to Excellence  Dan Starry  County Sheriff    Douglas H. Anschutz  Chief Deputy  DEFIBRILLATOR Transfer of Ownership Agreement Organization: City of Hugo Authorizing Agent: Washington County Sheriff’s Office Organization, as a grantee, received or will receive, one or more defibrillators free of charge. The Organization named above assumes sole and exclusive responsibility for all aspects of use, attempted use, or non-use of the donated Defibrillator Unit (“Units”) provided to the Organization. The Organization also agrees, at its sole cost and expense, to indemnify, defend and hold harmless Washington County as well as its officers, agents and employees, against any allegations of liability resulting from the Organization’s negligent use of the Units, relating to personal injury, death, damage to property, or any other legal obligation and any resulting judgments, losses, damages, liability, penalties, costs, fees, cost of legal defense and attorney’s fees in any way resulting from acts or omissions involving the placement and/or use of the donated defibrillators. The Organization understands, acknowledges, and agrees that the defibrillator(s) provided by The Washington County Sheriff’s Office are provided “as is” without any representations or warranties of any kind whether express or implied. No statements, promises, or inducements made by the parties, or their agents are valid or binding if not contained in this Agreement. Except as may be otherwise provided by its terms, this Agreement may not be enlarged, modified, or altered except by written amendment signed by the parties to this Agreement. This Agreement will be active upon signatures of both parties and Organization’s receipt of the Defibrillator(s). This Agreement will be governed by the laws of the State of Minnesota. Any disputes will be subject to the state and federal courts in St. Paul, Minnesota. The parties and their third- party vendors, agents and contractors agree to comply with all applicable laws. The parties do not anticipate any personal data or health data subject to HIPPA regulations will be collected, exchanged, transmitted, or received. In the event any personal data or health data subject to HIPPA is or will be collected, exchanged, transmitted, or received, the parties, including their third-party vendors, agents and contractors, will comply with all applicable data protection laws. SIGNATURES For the Organization: __________________________________________________________________________ Signature Date Sheriff Dan Starry Date For office use: Number/Brand of Defibrillators: 4 Cardiac Science Approved as to form: SUMMARY ORDINANCE 2023-526 NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL DURING REGULAR BUSINESS HOURS. SUMMARY OF AN INTERIM ORDINANCE EXTENDING A TEMPORARY MORATORIUM ON NEW DEVELOPMENT OF SOLAR FARM SOLAR ENERGY SYSTEMS AND DIRECTING A STUDY TO BE CONDUCTED: The City Council has passed an interim ordinance for a moratorium on solar farms that shall remain in effect until six (6) months from August 6, 2023. The City Council directs City staff to study the Solar Farm section of the ordinance to determine whether to revise or add any regulations or restrictions, including siting and location of use, performance standards, and screening of Solar Farms. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. Please note this title and summary of this Ordinance clearly informs the public of the intent and affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective the date that it is published. The amended ordinance is available at City Hall for review. Passed and adopted by the City Council of the City of Hugo this 10th day of July, 2023. ___________________________ Tom Weidt, Mayor Attest: __________________________ Michele Lindau, City Clerk G.6 14669 Fitzgerald Avenue North, Hugo, MN 55038   • (651) 762‐6300  •   www.ci.hugo.mn.us            TO: Honorable Mayor Tom Weidt and Members of the City Council  FROM: Anna Wobse, Finance Director  SUBJECT: Firefighter’s Relief Association Pension Increase  DATE: For the City Council Meeting of July 10, 2023  DESIRED COUNCIL ACTION   Motion to Ratify Board of Trustees Request for $300 Increase in Lump‐Sum Pension and Approve Revised Bylaws     OPTIMUM PENSION BENEFIT LEVEL   On April 2, 2012, the City Council adopted a Resolution Adopting the Firefighter Relief Pension Fiscal Policy.  The policy  sets the optimum pension benefit level as the average lump‐sum benefit provided by relief associations that receive  state fire aid within 10% of the amount received by the Hugo Firefighter’s Relief Association, as last reported by the  Office of the State Auditor.    According to the Office of the State Auditor, eight other lump‐sum relief associations received state fire aid in 2022  within 10% of the amount received by Hugo.  These associations are located in: New Prague, Albert Lea, Little Falls,  Albertville, Fergus Falls, Marshall, Waconia and Ham Lake.  Staff feels that this is a good sampling of associations.    Using data from these eight associations, staff can establish the optimum pension benefit level at $4,595 per year of  service.  This average is $295 above the current benefit amount and staff recommends that we reach this average with  an immediate increase of $300.    The Board of Trustees voted to increase their lump‐sum pension benefit from $4,300 per year of service to $4,600 and  is asking the City Council to ratify this increase as well as approve a revision to the bylaws incorporating this new benefit  level.    FINANCIAL STATISTICS   The Finance Department has reviewed the financial status of the relief association and finds that the recommended  increase will result in the following:    Total Pension Assets:      $2,491,199 (projected)  Total Pension Liability:   $1,641,076 (after $300 increase)  Projected Surplus:              $850,123 (52% of liability)    The attached projections show that the investment portfolio can withstand a 35% market correction while still  maintaining a surplus.    RECOMMENDED PENSION BENEFIT LEVEL INCREASE   Staff is recommending the City Council approve a motion to ratify the Board of Trustees request for a $300 increase in  the lump‐sum pension benefit and approve a change to the bylaws incorporating this new benefit level.  This will bring  Hugo’s pension benefit to $4,600 per year of service (within $5 of the optimum level described above).        ATTACHMENTS   Letter from Dave Jensen, President of the Board of Trustees  Section 13.3 of Association Bylaws (reflecting the proposed increase)  Relief Association Comparisons  Financial Projections                                                                                                  HUGO FIREFIGHTER’S RELIEF ASSOCIATION 5323 140TH STREET NORTH HUGO, MINNESOTA 55038 (651) 429-6366 Hugo Firefighter’s Relief Association TO: Anna Wobse, Finance Director FROM: Dave Jensen, President DATE: June 27, 2023 SUBJECT: Pension Increase Please be advised that the Board of Trustees voted to increase the lump sum pension benefit from $4,300 per year of service to $4,600 effective June 27, 2023. This increase will not require a municipal contribution in calendar year 2023. In keeping with past practice, this increase should be ratified by the City Council. Please place this item on an upcoming City Council agenda for ratification. Dave Jensen, President further financial relief or benefits from the Association. (1) A member's Beneficiary shall be eligible to receive a benefit upon the death of an Active, Deferred or Retired Member who has not yet received his or her full retirement benefit. In no case shall the member receive less than one (1) times the benefit amount or the amount equal to his/her years of active service in the Hugo Fire Department, unless the member is vested. (2) If the member has no Surviving Spouse or surviving children, the member's benefit shall be distributed in a lump sum to the estate of the member ARTICLE XIII SERVICE PENSIONS Section 13.1. Lump Sum Pension: The exclusive pension benefit provide by the Association shall be a defined benefit lump sum service pension, paid based on the members years of active service. Upon meeting the requirements in Section 13.2 of this article, the member shall be entitled to the benefit amount for each year that the member has served as an active member of the fire department. In accordance with, Minnesota Statute 424A.10, the Association shall pay a supplement benefit to the qualified member in addition to the lump sum pension. The amount of this benefit shall equal ten (10) percent of the regular lump sum distribution, but in no case shall exceed one thousand dollars ($1,000.00). This supplemental benefit shall be reimbursed to the Association, in accordance with Minnesota Statute 424A.10 Section 13.2. Eligibility Requirements: To be eligible to receive a service pension a member must meet all of the following requirements. (1) Be at least fifty (50) years of age; (2) Have terminated from the Fire Department (3) Have completed at least ten (10) years of active service with the fire department before termination; and (4) Have been a member of the Association at least ten (10) years prior to such termination. Section 13.3. Benefit Amount: The current benefit amount per year of service is $4,600 ARTICLE XIV TIMING AND MODES OF DISTRIBUTION Section 14.1. Independent Expertise Encouraged: Because of the varying circumstances in each member's retirement planning, optional benefit payment methods are offered. Selection should occur after consultation with a tax consultant, insurance and/or estate planner, or an attorney. Alternate payment methods on the Application Form shall include: (1) Check. A single Lump sum check payment payable to the eligible retiree. Lump Sum Plans Only Name 2022 Fire Aid Variable 2021 Lump Sum 1 New Prague Volunteer Fire Department $103,406.32 -9.82% $4,150.00 2 Albert Lea Fire Department $105,271.80 -8.19% $4,000.00 3 Little Falls Fire Department $109,566.86 -4.44% $3,900.00 4 Albertville Fire Department $110,566.06 -3.57% $3,200.00 5 Fergus Falls Fire Department $110,647.90 -3.50% $5,500.00 6 Marshall Fire Department $110,666.97 -3.48% $5,807.00 7 Waconia Fire Department $113,537.01 -0.98% $5,700.00 Hugo Fire Department $114,660.94 8 Ham Lake Fire Department $117,980.90 2.90% $4,500.00 Average (not including Hugo) $4,594.63 Lowest $3,200.00 Highest $5,807.00 State-Wide Average $2,335.00 Based on the adopted formula, the optimum pension benefit level for the Relief Association is: $4,594.63 per year of service. $4,300.00 Hugo's Current Level $300.00 Proposed Increase $4,600.00 Proposed Level Relief Association Comparisons OPTIMUM PENSION BENEFIT LEVEL Firefighter's Relief ProjectionsBenefit Total Investments Estimated Market Projected Surplus Funding Cash In Fund 226Level Active Deferred Liability at 01/01/2023 State Aid Appreciation Assets (Deficit) Ratio at 01/01/20234,600$         910,907$       730,169$        1,641,076$        2,376,539$        114,660$            ‐$                    2,491,199$        850,123$           152% 178,235$              4,600$         910,907$       730,169$        1,641,076$        2,376,539$        114,660$           (594,135)$          1,897,064$        255,988$           116%4,600$         910,907$       730,169$        1,641,076$        2,376,539$        114,660$           (831,789)$          1,659,410$        18,334$              101%4,600$         910,907$       730,169$        1,641,076$        2,376,539$        114,660$           (1,069,442)$       1,421,756$        (219,320)$          87%Projected Surplus (Deficit) at $4,600 Benefit LevelLiabilityProjected Surplus (Deficit) With 25% Market CorrectionProjected Surplus (Deficit) With 35% Market CorrectionProjected Surplus (Deficit) With 45% Market Correction 14669 Fitzgerald Avenue North, Hugo, MN 55038   • (651) 762‐6300  •   www.ci.hugo.mn.us              TO: Honorable Mayor Tom Weidt and Members of the City Council  FROM: Anna Wobse, Finance Director  SUBJECT: Firefighter’s Relief Association Bylaws Language Update  DATE: For the City Council Meeting of July 10, 2023  DESIRED COUNCIL ACTION   Motion to ratify a language update to the Hugo Firefighter’s Relief Association Bylaws to specify the deferred interest  credit method.      BACKGROUND   After reviewing the current and historical bylaws of the Hugo Firefighter’s Relief Association the Office of the State  Auditor noted that the deferred interest credit method is not specified in the bylaws and has requested that the Relief  Association update their bylaws to specify the deferred interest credit method.    Historically, deferred interest has been based on full calendar years and the Relief Association has voted to update the  language in their bylaws to specify this method and is asking the City Council to ratify this language update.     RECOMMENDATION   Staff is recommending the City Council approve a motion to ratify the language update to the Hugo Firefighter’s Relief  Association Bylaws specifying that the deferred interest credit method will be based on full calendar years.        ATTACHMENTS   Letter from Dave Jensen, President of the Hugo Firefighter’s Relief Association  Section 16.2 of Association Bylaws (reflecting the proposed language update)    HUGO FIREFIGHTER’S RELIEF ASSOCIATION 5323 140TH STREET NORTH HUGO, MINNESOTA 55038 (651) 429-6366 Hugo Firefighter’s Relief Association TO: Anna Wobse, Finance Director FROM: Dave Jensen, President DATE: June 27, 2023 SUBJECT: Bylaw Change Please be advised that the General Membership voted to change the bylaws of the Relief Association. This change was required in order to be in compliance with requests from the Minnesota Office of the State Auditor. The following wording was added to section 16.2: Section 16.2. Interest paid: The Association shall, add to the deferred member's account, interest, at the rate of five percent (5%) compounded annually. The deferred interest credit method will be based on full calendar years. In keeping with past practice, this bylaw change should be ratified by the City Council. Please place this item on an upcoming City Council agenda for ratification. Dave Jensen, President ARTICLE XVI DEFERRED PENSION STATUS Section 16.1. Deferred pension rolls: A member of the Association who has served as an active firefighter in the Fire Department for at least ten (10) years, but has not reached the age of fifty (50) years, may terminate from the Fire Department and be placed on the deferred pension roll. Upon reaching age fifty (50) and provided that membership in the Association has been maintained for at least ten (10) years, upon approval of a valid written application, in accordance with Section 13.2, and Section 13.3 of these Bylaws such member shall be paid the base sum for each year of active service in the Fire Department as was payable at the time of termination from active service in the Fire Department and reduced pursuant to the early vesting schedule in Article XV of the Bylaws. A member who is on the deferred pension roll shall not be eligible to receive any of the ancillary benefits provided for in these By-laws except those that are specified. Section 16.2. Interest paid: The Association shall, add to the deferred member's account, interest, at the rate of five percent (5%) compounded annually. The deferred interest credit method will be based on full calendar years. Section 16.3. Deceased Deferred Member: If the member dies while on the deferred pension roll, the total deferred pension applicable at the time of death shall be paid to the members surviving spouse or children, or estate pursuant to Article XII of the Bylaws. ARTICLE XVII PROCEDURE FOR REVIEW Section 17.1. Right to Appeal: In the event that the Board of Trustees denies an application for a service or ancillary pension benefit, the member shall be entitled to the right to appeal the determination. Section 17.2. Asserting Appeal Rights: If an application is not approved. The Board of Trustees shall return the application to the applicant within thirty (30) days. noting thereon, with particularity, to which requirements the applicant has not met. Thereafter, the applicant shall be furnished with the opportunity to be heard by the full Board of Trustees, on the question of whether the applicant meets all of the eligibility requirements. The member shall indicate that the member intends to appeal by furnishing the Board of Trustees with a written intent to appeal that is filed with the Secretary of the association within thirty (30) days of receiving an adverse determination. The intent to appeal shall be certified by the member. Section 17.3. Procedure: Upon receipt of the written intent to appeal, the Board of Trustees shall hold a special meeting within sixty (60) days of receipt of the written intent to appeal. Timely notice of the meeting shall be given to the member at least fifteen (15) days prior to the special meeting. The member shall have the reasonable opportunity to be heard by the Board of Trustees at the special meeting with regard to the negative CITY OF HUGO, COUNTY OF WASHINGTON ORDINANCE NO. 2023- AN INTERIM ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTUR1NG, AND DISTRIBUTION OF CANNABINOID PRODUCTS NOW, THEREFORE, the City Council of the City of Hugo does ordain: SECTION 1. BACKGROUND. 1. By enacting 2022 Session Law Chapter 98, Article 13, the Minnesota Legislature amended Minn. Stat. §151.72 regulating the sale of “edible cannabinoid products” that contain no more than 0.3 % of Tetrahydrocannabinol, commonly known as THC (“THC Products”) 2. On August 15, 2022, The City of Hugo adopted an interim ordinance prohibiting the sale, testing and manufacturing of edible cannabinoid products, and is set to expire on August 15, 2023. 3. By enacting 2023 Session Law though HF100 and SF73, Chapter 63, the Minnesota Legislature has newly defined and redefined types of types of intoxicating and non-intoxicating cannabis and hemp products. 4. The Act expands the types of legal products and now includes cannabinoid products, cannabis products, lower-potency hemp edibles, and edible cannabis products, among other things. 5. The Act provides a regulatory framework for the sale, and manufacturing of cannabis and hemp products and for the licensing of cannabis and hemp businesses, and establishes a State Agency now called the “Office of Cannabis Management” (OCM). 6. The Act directs the OCM to research and study cannabis and hemp, make rules, establish policy, and exercise regulatory authority over cannabis and hemp businesses. 7. Section 343.13 of the Act allows a local unit of government to “adopt reasonable restrictions on the time, place, and manner of the operation of a “cannabis business,” including limiting the number of licenses, and mandating registration and compliance checks. It further allows a local unit of government to enact an interim ordinance that “may regulate, restrict, or prohibit the operation of a cannabis business within the jurisdiction or a portion thereof until January 1, 2025.” 8. Section 343.22 of the Act requires local units of government to provide for registration and compliance checks for low-potency hemp products, and does not specifically prohibit local control of lower-potency hemp edibles. 9. The Act requires the OCM to create a regulatory framework for cannabis and hemp products and directs the OCM to draft model ordinances for local units of government to establish certain zoning and other regulations related to cannabis products. The Act further requires the OCM to develop standardized forms for retail registration and compliance checks by local units of government of cannabis businesses and lower-potency hemp businesses. 10. The City will benefit from an understanding of the OCM’s regulations, rules, model ordinances, forms, registration procedures, and guidance for compliance checks before making decisions related to cannabis and lower-potency hemp businesses. 11. Pursuant to Minn. Stat. § 462.355, subd. 4, the City is authorized to enact by ordinance a moratorium to regulate, restrict or prohibit any use within the jurisdiction to protect the public health, safety, and welfare. Specifically, the City is authorized to enact a moratorium ordinance to allow it to undertake a study to determine whether to adopt any regulations or restrictions, including siting and location of uses, related to the sales, testing, manufacturing, and distribution of cannabis and lower-potency hemp products. 12. Section 343.13 of the Act allows a city to adopt an interim ordinance relating to regulation of cannabis businesses until January 1, 2025. This provision only relates to cannabis businesses, and does not include the ability to study lower-potency hemp products, even though the new Act regulates such products, creates the OCM to administer regulations, and requires certain functions for a city including registration and compliance checks and other matters. 13. Pursuant to its general police powers, including but not limited to, Minn. Stat. § 421.221, subd. 32, the City may enact and enforce regulations or restrictions on both cannabis and lower-potency hemp products within the City to protect the public safety, health, and welfare, including restrictions and a moratorium on the use of sales, testing, manufacturing, and distribution, during the pendency of a study to determine the need for police power regulations, including but not necessarily limited to licensing and permitting. 14. The Act specifically allows for the immediate sale of “edible cannabis products” at exclusive on-sale liquor stores. The definition of “edible cannabis products” in the Act, excludes “lower- potency hemp edibles.” “Edible cannabis products” are now prohibited by interim ordinance 2022-515, which expires on August 15, 2023. SECTION 2. FINDINGS. 1. The City Council finds there is a need to study cannabinoid products, which includes cannabis products and lower-potency hemp products including uses and businesses related thereto, in order to assess the necessity for and efficacy of regulation and restrictions relating to the sales, testing, manufacturing, and distribution of cannabinoid products, including through licensing or zoning ordinances, in order to protect the public health, safety, and welfares of its residents. 2. The study will allow the City Council to determine the appropriate changes, if any, that that it should make to City ordinances. 3. The City Council, therefore, finds that there is a need to adopt a City-wide moratorium of the sale, testing, manufacturing, and distribution of cannabinoid products within the City while City staff studies the issue. SECTION 3. MORATORIUM. 1. No individual, establishment, organization, or business may sell, test, manufacture, or distribute cannabinoid products for twelve (12) months from the effective date of this ordinance. 2. The City shall not issue any license or permit related to cannabinoid products for twelve (12) months from the effective date of this ordinance. No license or permit application, of any kind, by any individual, establishment, organization, or businesses involved in the proposed sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo shall be accepted or considered for twelve (12) months from the effective date of this ordinance. 3. Planning or zoning applications related to cannabinoid products or applications from individuals, establishments, organizations, or businesses involved in the proposed sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo shall not be accepted or considered for twelve (12) months from the effective date of this ordinance. 4. This moratorium does not apply to the sale of edible cannabinoid products as defined in section 151.72, subdivision 1, paragraph (f) in exclusive liquor stores. SECTION 4. STUDY. The City Council directs City staff to study the need for local regulation regarding the sale, testing, manufacturing, or distribution of cannabinoid products within the City of Hugo. Staff must also study the need for creating or amending zoning ordinances, licensing ordinances, or any other ordinances to protect the citizens of Hugo from any potential negative impacts of cannabinoid products. Upon completion of the study, the City Council, together with such commission as the City Council deems appropriate, or as may be required by law, will consider the advisability of adopting new ordinances or amending its current ordinances. SECTION 5. ENFORCEMENT. The City may enforce this Ordinance by mandamus, injunctive relief, or other appropriate civil remedy in any court of competent jurisdiction. The City Council hereby authorizes the City Manager, in consultation with the City Attorney, to initiate any legal action deemed necessary to secure compliance with this Ordinance. A violation of this Ordinance is also subject to the City’s general penalty in City Code § Sec. 1 -18 subd. (b). SECTION 6. TERM. Unless earlier rescinded by the City Council, the moratorium established under this Ordinance shall remain in effect until twelve (12) months from its effective date, at which point, it will automatically expire. The City Council acknowledges that the Act will allow the City to enact a longer moratorium on the establishment and operation of cannabis businesses that may prohibit such businesses until January 1, 2025. SECTION 7. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage by the City Council. This ordinance is effective upon adoption. ADOPTED by the City Council this 10th day of July, 2023 ______________________________ Tom Weidt, Mayor ATTEST: _____________________________ Michele Lindau, City Clerk Agenda Number H.3 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: S & S Real Estate Holdings, LLC. Easement Vacation Lot 1, Block 12, Adelaide Landing Adelaide Landing 7th and 8th Addition Final Plat and Development Agreement DATE: July 5, 2023, for the City Council Meeting of July 10, 2023 1. PROPOSED MOTION: Move approval of the attached notice vacating the drainage and utility easements located on Lot 1, Block 12, Adelaide Landing. Move to approve the resolution approving the Final Plat for Adelaide Landing 7th and 8th 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 drainage and utility easement located over Lot 1, Block 12, Adelaide Landing. The Outlot will be used for the development of Adelaide Landing 7th and 8th Additions. This lot has an existing home on the property that will be demolished. New drainage and utility easements will be placed on the lots at the time the final plat is recorded. Staff is comfortable with the applicants requests to vacate the drainage and utility easements. The applicant is requesting approval of a final plat in order to plat 6 lots for the 7th Addition and 1 lot for the 8th Addition. There is a title issue with the west side of the property that is being resolved, therefore these phases are proposed to be separate. Staff is comfortable with the final plats as proposed. Adelaide Landing 7th and 8th Addition Final Plat and Development Agreement Page 2 3. BACKGROUND: The City Council reviewed the preliminary plat and PUD for Adelaide Landing at its May 1 , 2017 meeting. These final plat requests will plat the remaining 7 lots from the Adelaide Landing preliminary plat. These are the final phases of the development. The lots meet the minimum lot standards and requirements outlined in the regulations for the Adelaide Landing PUD. The park dedication requirement will be met by fee for a total of $7,896 ($1,128 per unit). The park dedication fee is reduced to accommodate for a portion of the land that was dedicated for the public park in the development. 4. RECOMMENDATION: Staff recommends that the City Council approve the notice to vacate the drainage and utility easement located over Lot 1, Block 12, Adelaide Landing. Staff recommends approval the resolutions approving the Final Plat and Development Agreements for Adelaide Landing 7th and 8th Additions. ATTACHMENTS: a) Location Map b) Notice of Easement Vacation c) Drainage and Utility Easement Vacation Plan d) Resolutions Approving the Final Plats e) Engineer’s Memo dated July 6, 2023 f) Draft Development Agreements g) Final Plat h) Final Plat Construction Plans Document Path: S:\Mapping\Site Maps\2023 Site Maps\8,5x11_portraitborder Date Saved: 6/30/20230 14070 Feet¯Lot 1, Block 12, Adelaide Landing 5848 130th St. N. Location Map Hugo, Minnesota Parcel Boundary selection Parcel Boundary Roads 1 in = ~200 feet NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER LOT 1, BLOCK 12, ADELAIDE LANDING PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 10th day of July, 2023, completed the proceedings for the vacation of the Drainage and Utility Easement on property legally described as follows: Lot 1, Block 12, Adelaide Landing Dated this 10th day of July, 2023 ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2023, before me, a Notary Public, personally appeared BRYAN BEAR, City Administrator 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 BRYAN BEAR, City Administrator, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public This Instrument was drafted by: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 RESOLUTION 2023-_____ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR S & S REAL ESTATE HOLDINGS, LLC, LLC FOR ADELAIDE LANDING 7th ADDITION WHEREAS, S & S Real Estate Holdings, LLC, has requested approval of a final plat for the property legally described as follows: Lot 1, Block 12, Adelaide Landing 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 May 1, 2017. 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 S & S Real Estate Holdings, LLC, for a final plat, subject to the following conditions: 1.The final plat is approved to allow the creation of 6 single family lots, in accordance with the plans and application received by the City on April 21, 2023, and June 21, 2023, and, 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 May 1, 2017 and PUD Amendment on May 6, 2019 and January 6, 2020. 3. Development standards shall comply with Resolution 2017-10, 2017-11, 2019-21, and 2020-3, as amended. 4.The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 6, 2023, and revisions required in “redlined” comments from the City Engineer. 5.The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 6.The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 7.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. Resolution 2023-____ Adelaide Landing 7th Addition Final Plat and Development Agreement 8. 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. 9. 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. 10. The developer shall obtain all necessary local, state, and federal permits. 11. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City and other agencies. b) The developer shall pay $6,768 ($1,128 per unit) in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. e) The grading plan shall be reviewed and approved by the City Engineer. 12. Prior to the issuance of building permits: f) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. g) The applicant shall submit three full sets of approved final plans to the City. h) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval Resolution 2023-____ Adelaide Landing 7th Addition Final Plat and Development Agreement ADOPTED by the City Council on July 10, 2023. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk RESOLUTION 2023-_____ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR S & S REAL ESTATE HOLDINGS, LLC, LLC FOR ADELAIDE LANDING 8th ADDITION WHEREAS, S & S Real Estate Holdings, LLC, has requested approval of a final plat for the property legally described as follows: Lot 1, Block 12, Adelaide Landing 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 May 1, 2017. 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 S & S Real Estate Holdings, LLC, for a final plat, subject to the following conditions: 1. The final plat is approved to allow the creation of 1 single family lot, in accordance with the plans and application received by the City on June 21, 2023, and, 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 May 1, 2017 and PUD Amendment on May 6, 2019 and January 6, 2020. 3. Development standards shall comply with Resolution 2017-10, 2017-11, 2019-21, and 2020-3, as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 6, 2023, and revisions required in “redlined” comments from the City Engineer. 5. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 6. The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 7. 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. Resolution 2023-____ Adelaide Landing 8th Addition Final Plat and Development Agreement 8. 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. 9. 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. 10. The developer shall obtain all necessary local, state, and federal permits. 11. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City and other agencies. b) The developer shall pay $1,128 per unit in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. e) The grading plan shall be reviewed and approved by the City Engineer. 12. Prior to the issuance of building permits: f) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. g) The applicant shall submit three full sets of approved final plans to the City. h) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval Resolution 2023-____ Adelaide Landing 8th Addition Final Plat and Development Agreement ADOPTED by the City Council on July 10, 2023. ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\DEVELOPMENT PROJECTS\Adelaide Landing\Adelaide Landing\Adelaide Landing 8th Add Final Plat\Engineers Memo and red-lined comments\LTR - Adelaide Landing 7th-8th FP - 070623.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 6, 2023 Ms. Rachel Juba City Planner City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Final Plat Review Adelaide Landing 7th-8th Addition WSB Project No. 017525-000 Dear Ms. Juba: We have reviewed the final plat submittal for the above-referenced project. In particular, we have reviewed the following plans related to this particular request: • Grading and Construction Plans for Sanitary Sewer, Watermain, Storm Sewer, and Streets dated 6/16/2023 by Carlson McCain • Storm Sewer Design dated 01/15/21 by Westwood Professional Services • Adelaide 7th and 8th Addition Plat submitted June 21, 2023 Based on the review of the final plat documents, we offer the following comments related to this application: Final Plat 1. Drainage and Utility easements shall be placed over outlot A. Development Agreement 2. 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 will be included within Exhibit C of the Development Agreement. Grading, Street, and Utility Plans 3. Streets and Utilities have previously been installed as part of an earlier phase of Adelaide Landing in anticipation of this project. Site grading, erosion control, pond and piped oulet construction, and restoration remain. Wetland 4. No wetland impacts are proposed with this development. Ms. Rachel Juba July 6, 2023 Page 2 Stormwater 5. Stormwater permitting for the overall Adelaide Development excluded the 7th and 8th Addition area. A separate stormwater permit from the City will be required to be obtained for the 7th and 8th Additions. 6. Rate control for the site is proposed to be met utilizing a stormwater pond onsite. Water quality requirements are met through the water reuse system constructed with the overall Adelaide Development which will be used to irrigate the 7th and 8th Additions. 7. Confirmation of the existing home elevations adjacent to the 8th Addition are needed to confirm freeboard requirements for the site are met. Thank you for the opportunity to provide comments on this project. Additional detailed red-lined comments have been provided to the applicant’s engineer. These comments will need to be addressed prior to approval of the construction plans. 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) Ben Schmidt, Twin Cities Land Development (email only) Brian Krystofiak, Carlson McCain (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Adelaide Landing 7th 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 S & S Real Estate Holdings, LLC, a Minnesota Limited Liability Company, (hereinafter referred to as "Developer"). WITNESS: Adelaide Landing 7th Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2017-11 on May 1, 2017, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Adelaide Landing" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2017-10 on May 1, 2017, approved the PUD general plan for a major subdivision as proposed by the Developer to be known as " Adelaide Landing " ; and, WHEREAS, the City Council of the City has, by Resolution Number 2019-21 on Mary 6, 2019, approved a PUD amendment for the major subdivision; and WHEREAS, the City Council of the City has, by Resolution Number 2023-____ on July 10, 2023, approved the final plat for a major subdivision as proposed by the Developer to be known as " Adelaide Landing 7th Addition " (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 3.5 acre parcel of land into 6 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 Adelaide Landing 7th Addition 3 account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter 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. Adelaide Landing 7th Addition 4 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 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 Adelaide Landing 7th Addition 5 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 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 Adelaide Landing 7th Addition 6 plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the 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. Adelaide Landing 7th Addition 7 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 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. Adelaide Landing 7th Addition 8 All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one Adelaide Landing 7th Addition 9 hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The Developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Model Homes. In the event that site grading is approved by the City prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat, the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut existing streets or roadways, subject to final approval by the City. No model homes may be constructed or utilized until at least one (1) lift of bituminous has been installed from said model home lot providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s, authorized builders, staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been installed except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. d) Sales Trailers. The Developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full Adelaide Landing 7th Addition 10 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 the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) Intentionally deleted j) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That development agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. l) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. Adelaide Landing 7th 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. Adelaide Landing 7th 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 Adelaide Landing 7th Addition 13 and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in 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. Adelaide Landing 7th 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 Adelaide Landing 7th Addition 15 Developer S & S Real Estate Holdings, LLC By________________________________ Benjamin Schmidt Its: ______________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2021, before me, a Notary Public, within and for said County and State, personally appeared Benjamin Schmidt, to me personally known, who, by me duly sworn did say that he is the ______________ of S & S Real Estate Holdings, LLC, a Minnesota limited liability company, on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Adelaide Landing 7th Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author 1 Final Plat Recorded at Washington County Westwood Professional Services, LLC 1 Construction Plans *to be filled in once approved. Carlson McCain 1-14 Water Re-Use Plan Adelaide Landing 7th Addition 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 6 single family lots, in accordance with the plans and application received by the City on April 21, 2023, and June 21, 2023, and, 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 May 1, 2017 and PUD Amendment on May 6, 2019 and January 6, 2020. 3. Development standards shall comply with Resolution 2017-10, 2017-11, 2019-21, and 2020-3, as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 6, 2023, and revisions required in “redlined” comments from the City Engineer. 5. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 6. The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 7. 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. 8. 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. 9. 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. 10. The developer shall obtain all necessary local, state, and federal permits. Adelaide Landing 7th Addition 18 11. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City and other agencies. b) The developer shall pay $6,768 ($1,128 per unit) in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. e) The grading plan shall be reviewed and approved by the City Engineer. 12. Prior to the issuance of building permits: f) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. g) The applicant shall submit three full sets of approved final plans to the City. h) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval Adelaide Landing 7th Addition 19 EXHIBIT C* *to be filled in once cost estimates are submitted 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 $________________. This sum is calculated to be $0.07 per square foot for the _____________ square feet of net developable area within the Plat, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at 5%. 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 $_________ ($0.50 x _________ = $_________). f) Pavement Maintenance Fee. 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 Adelaide Landing 7th Addition 20 pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the ___________feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee of $1,128 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 46 lots within the Plat (i.e. total due $6,768). h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $______ into an escrow account with the City. This amount represents an estimated cost of $500/sign for ______signs to be installed within the development. j) WCA Escrow. N/A k) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee in the amount of $9,792. This sum is calculated to be $1,632.00 per lot for the 6 residential lots within this phase. This fee shall be paid with each building permit. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $7,056. 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 6lots in the plat. This fee shall be paid with each building permit. m) Watermain Oversizing Credit. The Developer shall be provided a credit for watermain oversizing in the amount of ____________. To be credited when the public improvements are accepted by the City. Adelaide Landing 7th Addition 21 EXHIBIT 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 ________________, 20__, 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 Adelaide Landing 7th Addition 22 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 Adelaide Landing 7th Addition 23 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Adelaide Landing 7th Addition 24 $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 or 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] Adelaide Landing 7th Addition 25 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 Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Adelaide Landing 8th 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 S & S Real Estate Holdings, LLC, a Minnesota Limited Liability Company, (hereinafter referred to as "Developer"). WITNESS: Adelaide Landing 8th Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2017-11 on May 1, 2017, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Adelaide Landing" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2017-10 on May 1, 2017, approved the PUD general plan for a major subdivision as proposed by the Developer to be known as " Adelaide Landing " ; and, WHEREAS, the City Council of the City has, by Resolution Number 2019-21 on Mary 6, 2019, approved a PUD amendment for the major subdivision; and WHEREAS, the City Council of the City has, by Resolution Number 2023-____ on July 10, 2023, approved the final plat for a major subdivision as proposed by the Developer to be known as " Adelaide Landing 8th Addition " (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 3.5 acre parcel of land into 1 residential lot; 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 Adelaide Landing 8th Addition 3 account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter 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. Adelaide Landing 8th Addition 4 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 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 Adelaide Landing 8th Addition 5 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 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 Adelaide Landing 8th Addition 6 plans. (g) Televised report of the sanitary sewer with videotape. (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the 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. Adelaide Landing 8th Addition 7 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 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. Adelaide Landing 8th Addition 8 All areas, other than proposed street areas, disturbed by grading activities on the site shall be seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one Adelaide Landing 8th Addition 9 hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The Developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Model Homes. In the event that site grading is approved by the City prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat, the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut existing streets or roadways, subject to final approval by the City. No model homes may be constructed or utilized until at least one (1) lift of bituminous has been installed from said model home lot providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s, authorized builders, staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been installed except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. d) Sales Trailers. The Developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full Adelaide Landing 8th Addition 10 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 the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) Intentionally deleted j) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. k) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That development agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. l) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. Adelaide Landing 8th 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. Adelaide Landing 8th 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 Adelaide Landing 8th Addition 13 and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in 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. Adelaide Landing 8th 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 Adelaide Landing 8th Addition 15 Developer S & S Real Estate Holdings, LLC By________________________________ Benjamin Schmidt Its: ______________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 2021, before me, a Notary Public, within and for said County and State, personally appeared Benjamin Schmidt, to me personally known, who, by me duly sworn did say that he is the ______________ of S & S Real Estate Holdings, LLC, a Minnesota limited liability company, on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Adelaide Landing 8th Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS Sheet No. Plan Date Author 1 Final Plat Recorded at Washington County Westwood Professional Services, LLC 1 Construction Plans *to be filled in once approved. Carlson McCain 1-14 Water Re-Use Plan Adelaide Landing 8th Addition 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the creation of 1 single family lot, in accordance with the plans and application received by the City on June 21, 2023, and, 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 May 1, 2017 and PUD Amendment on May 6, 2019 and January 6, 2020. 3. Development standards shall comply with Resolution 2017-10, 2017-11, 2019-21, and 2020-3, as amended. 4. The developer shall comply with all conditions outlined in the City Engineer’s memo dated July 6, 2023, and revisions required in “redlined” comments from the City Engineer. 5. The developer shall design and install a stormwater re-use system for irrigation of the individual lots. 6. The developer shall establish a property owners association for the development to own/operate/maintain common elements, landscaping, and the water re-use system. All landscaping within the right-of-way in the street islands is to be installed by the developer and maintained by the property owners association. The property owners association documents shall be reviewed and approved by staff prior to recording the plat. 7. 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. 8. 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. 9. 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. 10. The developer shall obtain all necessary local, state, and federal permits. Adelaide Landing 8th Addition 18 11. Prior to recording the final plat: a) The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City and other agencies. b) The developer shall pay $1,128 per unit in full to satisfy the required cash in lieu of parkland dedication requirement. c) The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. d) The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. e) The grading plan shall be reviewed and approved by the City Engineer. 12. Prior to the issuance of building permits: f) The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. g) The applicant shall submit three full sets of approved final plans to the City. h) If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval Adelaide Landing 8th Addition 19 EXHIBIT C* *to be filled in once cost estimates are submitted 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 $________________. This sum is calculated to be $0.07 per square foot for the _____________ square feet of net developable area within the Plat, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at 5%. 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 $_________ ($0.50 x _________ = $_________). f) Pavement Maintenance Fee. 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 Adelaide Landing 8th Addition 20 pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the ___________feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee of $1,128 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 46 lots within the Plat (i.e. total due $1,128). h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $______ into an escrow account with the City. This amount represents an estimated cost of $500/sign for ______signs to be installed within the development. j) WCA Escrow. N/A k) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee in the amount of $1,632. This sum is calculated to be $1,632.00 per lot for the 6 residential lots within this phase. This fee shall be paid with each building permit. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $1,176. 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 6lots in the plat. This fee shall be paid with each building permit. m) Watermain Oversizing Credit. The Developer shall be provided a credit for watermain oversizing in the amount of ____________. To be credited when the public improvements are accepted by the City. Adelaide Landing 8th Addition 21 EXHIBIT 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 ________________, 20__, 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 Adelaide Landing 8th Addition 22 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 Adelaide Landing 8th Addition 23 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Adelaide Landing 8th Addition 24 $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 or 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] Adelaide Landing 8th Addition 25 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 ADELAIDE LANDINGENGINEERINGSURVEYINGENVIRONMENTALVICINITY MAP7TH ADDITIONE X C E P T I O N ADELAIDE LANDINGENGINEERINGSURVEYINGENVIRONMENTALVICINITY MAP8TH ADDITION A D E L A I D E L A N D I N G6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G6 T H A D D I T I O N A D D I T I O N 8 T H A D D I T I O N 7 T H A D D I T I O N 7 T H 8 T H A D D I T I O NofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_cvr.dwgSave Date:06/16/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422Know what'sbelow.before you dig.CallRCOVERHugo, MinnesotaADELAIDE LANDING 7TH & 8TH ADDITIONSITE VICINITY MAP 1SITE, UTILITY, GRADING, DEVELOPMENT & EROSION CONTROL PLANS OWNER:131ST STREET N.GENEVA AVENUE N. GENEVA AVENUE N.130TH STREET N.OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:OWNER:f:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\survey\pre-plat\10488_xcon.dwgSave Date:06/16/23S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422ofEXISTING CONDITIONSThomas R. Balluff, L.S.I hereby certify that this survey, planor report was prepared by me or under mydirect supervision and that I am a dulyLicensed Land Surveyor underthe laws of the State of MinnesotaPrint Name:Signature:Date:License #: 4/21/2340361DRAWN BY:ISSUE DATE:FILE NO:Revisions:72LEGENDbjs4/21/231589AADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MN A D E L A I D E L A N D I N G6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G6 T H A D D I T I O NofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_removals.dwgSave Date:04/20/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422Know what'sbelow.before you dig.CallRREMOVALS PLAN3 A D E L A I D E L A N D I N G6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G6 T H A D D I T I O NA D D I T I O N 7 T H 8 T H A D D I T I O N8 T H A D D I T I O N A D D I T I O N 7 T H ofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_site.dwgSave Date:06/16/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422Know what'sbelow.before you dig.CallRSITE & UTILITY PLANSITE PLAN LEGEND4 A D E L A I D E L A N D I N G6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G6 T H A D D I T I O N7 T H A D D I T I O N A D D I T I O N 8 T H A D D I T I O N8 T H A D D I T I O N 7 T H ofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488-gr.dwgSave Date:04/21/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422GRADING, DEVELOPMENT& EROSION CONTROL PLANSITE PLAN LEGENDKnow what'sbelow.before you dig.CallR5 6DETAILSofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_detail.dwgSave Date:04/20/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422FRAMECURBFRAME 7DETAILSofADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_detail.dwgSave Date:04/20/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)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 Minnesota4/21/23LOC4/21/23Brian J. Krystofiak, P.E.25063BJK10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422 A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N 7 T H A D D I T I O N A D D I T I O N 8 T H A D D I T I O N8 T H A D D I T I O N 7 T H ofADELAIDE LANDING7TH & 8TH ADDITIONHugo, MNoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\engineering\prelim plans\10488_swppp.dwgSave Date:06/16/237Revisions:1. 6/16/23 Rev. per lot split (8th Addition)Print Name:Signature:Date:License #:Drawn:Designed:Date:10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422S1ADELAIDES1STORM WATER POLLUTIONPREVENTION PLANLANDINGI 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 Minnesota4/21/23LOC4/21/23Aaron D. Briski, P.E.57811ADB A D E L A I D E L A N D I N G6 T H A D D I T I O N A D E L A I D E L A N D I N G 6 T H A D D I T I O N A D E L A I D E L A N D I N G6 T H A D D I T I O N A D D I T I O N 7 T H 8 T H A D D I T I O Nofoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\landscape\10488_landscape.dwgSave Date:06/16/232Revisions:10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422Print 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 Landscape Architect underthe laws of the State of Minnesota4/21/23RJR4/21/23Ryan J. Ruttger, RLA56346RJRADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MN1. 6/16/23 Rev. per lot split (8th Addition)Know what'sbelow.before you dig.CallRLANDSCAPE PLANL11L1OVERALL LANDSCAPE PLAN TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERRM6Acer rubrum `Northwood`Northwood Red Maple2.5" Cal.B&BFM4Acer x freemanii `Sienna`Sienna Glen Maple2.5" Cal.B&BRB3Betula nigraClump Form, 2.5" Cal EquivalentRiver Birch Multi-Trunk10` Ht.B&BHL4Gleditsia triacanthos inermis `Harve`Northern Acclaim Thornless Honey Locust2.5" Cal.B&BWO5Quercus bicolorSwamp White Oak2.5" Cal.B&BBL4Tilia americana `Boulevard`Boulevard Linden2.5" Cal.B&BAE1Ulmus americana `Princeton`American Elm2.5" Cal.B&BCONIFEROUS TREESCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERBF3Abies balsameaBalsam Fir6` Ht.B&BBH6Picea glauca densataBlack Hills Spruce6` Ht.B&BGROUND COVERSCODEQTYBOTANICAL NAMECOMMON NAMESIZECONTAINERTI162,846 sfType I - Turf Seed MixRefer to notes for acceptable seedingmethodsSeeding Rate 180 lb/acMnDOT Seed Mix 25-151seedTII5,373 sfType II - Stormwater Seed MixRefer to notes for acceptable seedingmethods. Seeding Rate 52.0 lb/acMnDOT Seed Mix 33-261seedTIII44,054 sfType III - Native Seed MixRefer to notes for acceptable seedingmethods. Seeding Rate 50.0 lb/acMnDOT Seed Mix 35-241seedPLANT SCHEDULELANDSCAPE PLANL2ofoff:\jobs\10481 - 10500\10488 - adelaide landing\cad c3d\landscape\10488_landscape.dwgSave Date:06/16/232Revisions:10488S & S REAL ESTATE HOLDINGS, LLC4800 Olson Memorial Highway, Suite 100Golden Valley, Minnesota 55422Print 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 Landscape Architect underthe laws of the State of Minnesota4/21/23RJR4/21/23Ryan J. Ruttger, RLA56346RJRADELAIDE LANDING 7TH & 8TH ADDITIONHugo, MN1. 6/16/23 Rev. per lot split (8th Addition)BCONIFEROUS TREE PLANTING DETAILEXISTING GRADEGUY WIRE WITH WEBBINGFLAGGING- ONE PER WIREPLANTING SOIL MIXTURE (SEE SPEC.)MINIMUM 1/2 WIDTH OF ROOT BALL4"-6" SHREDDED BARKMULCHUNDISTURBED OR STABILIZEDSUBSOILNOTE: GUY ASSEMBLY OPTIONAL BUTCONTRACTOR ASSUMES FULLRESPONSIBILITY FOR MAINTAINING TREEIN A PLUMB POSITION FOR THEDURATION OF THE GUARANTEE PERIODGUY ASSEMBLY- 16"POLYPROPYLENE OR POLYETHYLENE(40 MIL) 1-1/2" WIDE STRAP (TYP)DOUBLE STRAND 10 GA. WIRE, 2-7"ROLLED STEEL POSTS (MnDOT 3401)@ 180° O.C. (SEE STAKING DIAGRAM)COORDINATESTAKING TO INSUREUNIFORMORIENTATION OF GUYLINES AND STAKES2. TRIM OUT DEAD WOOD AND WEAK AND/ORDEFORMED TWIGS. DO NOT CUT A LEADER. DONOT PAINT CUTS.4. PLACE PLANT IN PLANTING HOLE WITHBURLAP AND WIRE BASKET, (IF USED), INTACT.BACKFILL WITHIN APPROXIMATELY 12" OF THETOP OF ROOTBALL, WATER PLANT. REMOVETOP 1/3OF THE BASKET OR THE TOP TWOHORIZONTAL RINGS, WHICHEVER IS GREATER.REMOVE ALL BURLAP AND NAILS FROM TOP1/3 OF THE BALL. REMOVE ALL TWINE.3. SET PLANT ON UNDISTURBED NATIVE SOILOR THOROUGHLY COMPACTED BACKFILL SOIL.INSTALL PLANT SO THE ROOT FLARE IS AT ORUP TO 2" ABOVE THE FINISHED GRADE.6. WATER TO SETTLE PLANTS AND FILLVOIDS.5. PLUMB AND BACKFILL WITHBACKFILL SOIL.7. WATER WITHIN TWO HOURS OFINSTALLATION. WATERING MUST BESUFFICIENT TO THOROUGHLY SATURATEROOT BALL AND PLANTING HOLE.8. PLACE MULCH WITHIN 48 HOURS OFTHE SECOND WATERING UNLESS SOILMOISTURE IS EXCESSIVE.1. SCARIFY BOTTOM AND SIDES OF HOLEPRIOR TO PLANTINGPLANTREE WRAPBACKFILL MIXPAINTED FLUORESCENT ORANGEWHITE FLAGGING (TYP.)DOUBLE STRAND 12 GAUGE WIRE8" 2-PLY NYLON STRAPS8' STEEL TEE POST-4 INCHES HARDWOOD MULCHFROM TOP 1/3 OF THE BALLREMOVE BURLAP & ROPEUNDISTURBED SUBSOIL4 INCH DEEP SAUCERNOTE: SEE PLANTING NOTES FOR THE TYPE OF MULCH MATERIAL TO USE.12"6"2'(MIN.)6"ADECIDUOUS TREE PLANTING DETAIL6"3 REQUIRED AT 120 Agenda Number: H3 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Kile and Jennifer Nadeau – Property Line Adjustment and Easement Vacation for properties located on Hilo Court North. DATE: July 6th, 2023 for the City Council meeting of July 10th, 2023 ZONING: Planned Unit Development (PUD) LAND USE: Large Lot Residential (LL) 60-DAY REVIEW DEADLINE: August 13, 2023 1.DESCRIPTION OF REQUEST: The applicants are requesting approval of a property line adjustment for their properties located at 12345 and 12237 Hilo Court North. Both properties are zoned as PUD guided as Large Lot Residential, and are 8.76 acres and 8.14 acres respectively in size. The applicant is proposing to adjust the property lines so that the parcels are 11.9 acres and 5.0 acres in size. There exists a drainage and utility easement over the property line between these two parcels. Therefore, the applicants are also requesting an easement vacation in order to relocate the easement along the adjusted property line. The proper drainage and utility easements will be dedicated for the property only after the easement vacation is approved. 2.ANALYSIS: Section 90-339 of the City’s Comprehensive Land Use Regulations states that, “where adjacent property owners desire to adjust their mutual lot line without creating a new parcel or lot of record, they may request a property line adjustment.” Subd. (2) of this section further states that, “where the adjustment of the property line between two properties retains or causes both properties to be in conformance with the City’s Comprehensive Land Use Regulation, the Zoning Administrator shall provide the application to the City Council for administrative review and consideration.” The applicants own both properties. Nadeau Property Line Adjustment and Easement Vacation The properties are part of The Preserve on Sunset Lake development that was approved as a Planned Unit Development (PUD). The developer received PUD flexibility to allow for a minimum lot size of 5 acres while maintaining an overall density of 1 unit per 10 acres. The requested property line adjustment meets the requirements of the PUD resolution. The City maintains a 10-foot wide drainage and utility easement over the property line that separates the two parcels. The existing easement was dedicated as part of the Preserve on Sunset Lake final plat. The applicants request to vacate the existing easement would allow a new easement to be dedicated over the adjusted property line. Findings Staff finds that both properties will comply with all applicable regulations in the City Code and PUD requirements with the approval of the property line adjustment. Staff also finds that the applicants have a valid request to vacate the existing easement in order to dedicate a new easement over the adjusted property line. 3.RECOMMENDATION: Staff recommends approval of the property line adjustment and easement vacation requests by Kile and Jennifer Nadeau for properties located at 12345 and 12237 Hilo Court North. ATTACHMENTS: 1.Location Map 2.Surveys 3.Property Line Adjustment Resolution 4.Notice of Completion of Vacation Proceedings 5. Easement Documents Document Path: S:\Mapping\Site Maps\2023 Site Maps\8,5x11_portraitborder Date Saved: 6/30/20230 225112.5 Feet¯12345 and 12237 Hilo Ct. N. Location Map Hugo, Minnesota Parcel Boundary selection Parcel Boundary Roads 1 in = ~325 feet Existing Lot Line Proposed Lot Line RESOLUTION 2023-XX APPROVING A PROPERTY LINE ADJUSTMENT FOR TODD DANIELSON FOR THE PROPERTIES LOCATED AT 12345 AND 12237 HILO COURT NORTH WHEREAS, an application has been filed by Kile and Jennifer Nadeau that requests approval of a property line adjustment for properties located at 12345 and 12237 Hilo Court North WHEREAS, the proposed lot line adjustment would result in two parcels described as follows: (See Attached) WHEREAS, the City Council has fully considered the request for the property line adjustment. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the property line adjustment for Kile and Jennifer Nadeau. ADOPTED by the City Council this 10th day of July 2023. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk NOTICE OF COMPLETION OF VACATION PROCEEDINGS FOR THE VACATION OF A DRAINAGE AND UTILITY EASEMENT OVER LOTS 2 AND 3, BLOCK 1, THE PRESERVE ON SUNSET LAKE PLEASE TAKE NOTICE that the City Council for the City of Hugo has, on the 10th day of July, 2023, completed the proceedings for the vacation of the Drainage and Utility Easement on properties legally described as follows: The 10 foot wide drainage and utility easement over, under, and across that part of Lots 2, and 3, Block 1, THE PRESERVE ON SUNSET LAKE, Washington County, Minnesota which lies 5 feet on each side of and adjacent to the southeasterly line of said Lot 2 EXCEPT therefrom the east 5 feet and the southwesterly 10 feet of said Lot 3, and EXCEPT the north 5 feet and the southwesterly 10 feet of said Lot 2. Dated this 10th day of July, 2023 ______________________________ Bryan Bear, City Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this ____ day of _____________, 2023, before me, a Notary Public, personally appeared BRYAN BEAR, City Administrator 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 BRYAN BEAR, City Administrator, acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public This Instrument was drafted by: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 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 Kile and Jennifer Nadeau, 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: Date: _____________ By________________________________________ State of Minnesota ) ) SS County of _________) This instrument was acknowledged before me this ____ day of ________, 2023, before me, a Notary Public, within and for said County and State, personally appeared ___________, 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 Easement for drainage and utility purposes over, under, and across that part of Lots 2 and 3, Block 1, THE PRESERVE ON SUNSET LAKE, Washington County, Minnesota being a 10 foot wide strip of land which lies 5 feet on each side of and adjacent to the following described line: Beginning at the most westerly corner of said Lot 3; thence North 58 degrees 12 minutes 44 seconds East, assumed bearing, along the northerly line of said Lot 3 distant 143.50 feet; thence North 83 de grees 04 minutes 59 seconds East 571.97 feet to an angle point on the east line of said Lot 3 (said point being the second angle point south of the most northerly corner of said Lot 3) and said line there terminating. The sidelines of said easement are lengthened or shortened to intersect the southwesterly lines of said lots 2 and 3 and the east line of said Lot 3. Exhibit B 12345 Hilo Court N., Hugo, MN 55038: (518,338 sq.ft - 11.9 acres) Lot 2, Block 1 and that part of Lot 3, Block 1, THE PRESERVE ON SUNSET LAKE, Washington County, Minnesota lying northerly of the following described line: Beginning at the most westerly corner of said Lot 3, Block 1, THE PRESERVE ON SUNSET LAKE; thence North 58 degrees 12 minutes 44 seconds East, assumed bearing, along the northerly line of said Lot 3 distant 143.50 feet; thence North 83 degrees 04 minutes 59 seconds East 571.97 feet to an angle point on the east line of said Lot 3 (said point being the second angle point south of the most northerly corner of said Lot 3) and said line there terminating. 12237 Hilo Court N., Hugo, MN 55038: (217,813 sq.ft - 5.0 acres) That part of Lot 3, Block 1, THE PRESERVE ON SUNSET LAKE, Washington County, Minnesota lying southerly of the following described line: Beginning at the most westerly corner of said Lot 3, Block 1, THE PRESERVE ON SUNSET LAKE; thence North 58 degrees 12 minutes 44 seconds East, assumed bearing, along the northerly line of said Lot 3 distant 143.50 feet; thence North 83 degrees 04 minutes 59 seconds East 571.97 feet to an angle point on the east line of said Lot 3 (said point being the second angle point south of the most northerly corner of said Lot 3) and said line there terminating. C:\Users\michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\ZGZEITLP\LTR-CIP 070623.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 6, 2023 Honorable Mayor, City Council and Staff C/O Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 2024 - 2028 Capital Improvement Program and 2024 Street Improvement Project City of Hugo, MN WSB Project No. 023220-000 Dear Honorable Mayor, City Council, and Staff: The City of Hugo continues to work to improve its roadway infrastructure and has evaluated City streets by conducting pavement condition ratings and road tours to prioritize improvement projects. This past year has been particularly damaging to our roadways, with many road conditions drastically changing for the worse, resulting in significant changes to priorities for future road improvement projects. The Capital Improvement Plan (CIP) provides a schedule for the various roadway improvements that are necessary to maintain the City streets in an effective and efficient manner. The following table summarizes the proposed 5-year Capital Improvement Plan for the City of Hugo. The table identifies the roadways, recommended improvements, and estimated project costs (which incorporates 2023 construction costs and include construction contingency and indirect costs). The proposed Capital Improvement Plan has been reviewed and discussed with the Finance Director Anna Wobse and Public Works personnel. The financial model for the Capital Improvement Plan was updated for projected revenues and expenditures and the Capital Improvement Plan can be funded as outlined on the following page. Please note, the improvements are proposed based on visual inspection and Public Works insights and maintenance records. WSB has scheduled roadway cores to determine the overall condition of the pavement and underlying materials. This data will be used to confirm assumptions and assist with project bidding. A map illustrating the proposed 2024 – 2028 Capital Improvement Plan is attached. 2024 - 2028 Capital Improvement Program and 2024 Street Improvement Project July 6, 2023 Page 2 Improvements identified to be completed in 2024 include the reconstruction of Heather Avenue and Upper Heather Avenue area and pavement reclamation along 125th Street. Reclamation is the process by which the existing deteriorating roadway surface is reused as aggregate roadway base for the new street section. Attached are two resolutions, a resolution requesting Council to consider approving the proposed 2024 – 2028 Capital Improvement Plan and a resolution requesting Council to consider authorizing the preparation of a Feasibility Report for the 2024 Street Improvement Project. I am available to answer your questions at your July 10, 2023, Council meeting or you may call me at 651.286.8463. Sincerely, WSB Mark Erichson, PE City Engineer Attachments cc: Liz Finnegan, City of Hugo Scott Anderson, City of Hugo Bryan Bear, City of Hugo Rachel Juba, City of Hugo KAK/kkp Year Area Improvement Heather Avenue and Upper Heather Avenue Reconstruction - Urban $2,847,300 125th Street Reclamation $1,251,200 $4,098,500 Jardin Avenue Reconstruction - Urban $562,900 Fable Hills (Elmcrest to Bridge)Reclamation $505,000 Farnham Avenue and 130th Street Reclamation $620,000 Garden Way, Arbre Lane, Poets Green Reclamation $885,300 Beaver Ponds (129th 128th, Ferreram Fiona, Flay, Fondant)Reclamation $1,203,200 $2,573,200 Heritage Parkway Reconstruction - Urban and Reclamation $2,184,000 Ingersoll Avenue Reclamation $527,600 $2,711,600 Fenway Avenue and 140th Street Reclamation $2,280,900 $2,280,900 Duck Pass (136th Street, Circle, and Court)Reclamation $919,700 Janero Avenue Reclamation $495,500 Hyde Avenue Reclamation $788,200 Irish Avenue Reclamation $865,800 $3,069,200 2028 Total 2028 Improvements 2024 - 2028 Capital Improvement Plan City of Hugo, MN 2026 Total 2026 Improvements 2027 Total 2027 Improvements Total 2024 Total 2024 Improvements 2025 Total 2025 Improvements Oneka Rice Sunset Egg Bald Eagle Long Round Horseshoe Plaisted South School Section Barker North School Section 170TH ST N 165TH ST N FOREST BLVD N140TH ST N 132ND ST N 122ND ST N 125TH ST N 152ND ST N GOODVIEW AVE NHOMESTEAD AVE NELMCREST AVE NIRISH AVE NJEFFREY AVE NHENNA AVE NKEYSTONE AVE NONEKA PKWY157TH ST N 137TH ST N 159TH ST N FRENCHMAN RD ONEKA LAKE BLVD N130TH ST N 120TH ST N EGG LAKE RD N 147TH ST NEVERTON AVE N177TH ST N ISLETON AVE NJODY AVE NFENWAY BLVD NHYDE AVE NKELLER AVE N175TH ST N ETHAN AVE NHARROW AVE N180TH ST N 136TH ST N FALCON AVE NEUROPA TRL NFOREST RD NFIO N A R D NFENWAY AVE NINGERSOLL AVE N1 4 8 T H S T N 1 2 6 T H S T N JANERO AVE NINWOOD AVE N135TH ST N HOMESTEAD DR N129TH ST N 155TH ST N FIONA AVE N158TH ST N FARNHAM AVE NJULY AVE N145TH ST N 145TH CIR NGREYSTONE AVE N150TH ST NVALJEAN BLVD N151ST ST N 141ST ST NFOXHILL AVE NFINALE AVE NEMPRESS WAY N FALCON CIR N128TH ST NFINLEY AVE N142ND ST N 144TH ST N 120TH ST N INGERSOLL AVE NONEKA PK WY FENWAY AVE N177TH ST N 152ND ST N FENWAY AVE NKEYSTONE AVE NFINALE AVE NHENNA AVE N147TH ST N KEYSTONE AVE NELMCREST AVE NIRISH AVE N150TH ST N EVERTON AVE N180TH ST N 1 3 0 T H S T N 126TH ST N Hugo City Map Map Created June 2020 Hugo Road s Lakes Hug o Border Pa rce l Bounda ry ² 0 1Miles1 in = 1 milesDocument Path: S:\Mapping\Emily\Projects\website update.mxd2024 Street Improvement Project Reconstruction - Urban Reclamation 2025 Street Improvement Project Reconstruction - Urban Reclamation 2026 Street Improvement Project Reconstruction - Urban Reclamation 2027 Street Improvement Project Reclamation 2028 Street Improvement Project Reclamation 2024 - 2028 Capital Improvement Plan ²Hugo Roads Lakes Hugo Border Parcel Boundary S:\Office_SHARED\Resolutions\2023 Resolutions\2023- App Street CIP.doc RESOLUTION NO. A RESOLUTION APPROVING THE 2024 – 2028 CAPITAL IMPROVEMENT PLAN WHEREAS, pursuant to direction by the Council, WSB, along with City Staff, have prepared a 5-year Capital Improvement Plan for 2024 through 2028 and has presented such plan to the Council for approval; NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo, Minnesota, as follows: 1. The 2024 – 2028 Capital Improvement Plan is hereby approved. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 10th day of July 2023. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk S:\Office_SHARED\Resolutions\2023 Resolutions\2023- 2024 Street Feasibility Study.doc RESOLUTION NO. A RESOLUTION ORDERING PREPARATION OF A FEASIBILITY REPORT FOR PUBLIC IMPROVEMENTS TO ALL OR PORTIONS OF ROADWAYS IDENTIFIED AS THE 2024 STREET IMPROVEMENT PROJECT WHEREAS, it is proposed to improve all or portions of the following roadways:  Heather Avenue / Upper Heather Avenue between 125th Street (west access) and 125th Street (east access)  Heather Avenue between Upper Heather Avenue 120th Street  125th Street between Goodview Avenue and 120th Street and to potentially assess the benefited property for all or a portion of the cost of the improvement, pursuant to Minnesota Statutes, Chapter 429, NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo, Minnesota, as follows: 1. That the proposed improvement study, to be referred to as the 2024 Street Improvement Project, and the engineer is instructed to report to the Council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it should best be made as proposed or in connection with some other improvement; the estimated cost of the improvement as recommended; and a description of the methodology used to calculate individual assessments for affected parcels. Council members voting AYE: Council members voting NAY: Whereupon said resolution was declared passed and adopted this 10th day of July 2023. ________________________ Tom Weidt, Mayor ATTEST: ___________________________________ Michele Lindau, City Clerk 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM July 6, 2023 Honorable Mayor and City Council City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Assessment Policy Discussion WSB Project No. 021008-000 Dear Mayor and Council, The City of Hugo last amended its assessment policy in 2013. Occasional review of the policy to confirm or modify assessment approach is good municipal practice. Staff will help lead discussion on to the existing assessment policy and areas we may want to evaluate. Areas that will be discussed include, but are not limited to the following:  Assessment Policy - General Background and approach  Comparison with neighboring/nearby communities  Confirm general assessment approach or change philosophy on assessments  Address unique circumstances that have occurred that are not specifically covered in the assessment policy (Oneka Parkway Project)  Assessment rate discussion If you have any questions or items you wish to discuss, you can contact me at 612.360.1278. Sincerely, WSB Mark Erichson, PE Director of Municipal Program Delivery Attachment cc: Bryan Bear, City Administrator, City of Hugo Rachel Juba, Community Development DIrector TO: City Council FROM: Bryan Bear, City Administrator SUBJECT: Full Time Fire Chief Position DATE: July 6, 2023 for the City Council meeting of July 10, 2023 BACKGROUND: For the past couple of years, Council has established as a goal to evaluate staffing needs within the Hugo Fire Department. Specifically, this discussion has centered on whether the City is ready to employ a Full-Time Fire Chief. The Fire Department functions today without a full time staff, but uses a system including 11 part-time officers serving in various roles for the purpose of dividing administrative tasks for the Department. Included within those roles is a part-time Fire Chief and two part-time Assistant Chiefs. Council held workshops in 2022 and discussed the organizational make-up of the Department, reviewed call types, volumes, and trends, and discussed Council priorities concerning Fire Department roles and responsibilities. Council also discussed a variety of Fire Department models and possible organizational schemes for the Hugo Fire Department. At the end of 2022, Council adopted the 2023 budget, which included a Full-time position for a Fire Chief. Although this position was included within the 2023 budget, the Council is not obligated to fill the position. In early 2023, Council established a subcommittee consisting of Mayor Weidt, Council Member Miron, Chief Compton, Deputy Chief Jensen, Assistant Chief Emans, Fire Marshal Duncanson, and Firefighter Bieniek. Captains Hoernemann and Palmquist attended one meeting to present information they had gathered concerning this topic from Fire Department Staff. ANALYSIS: The subcommittee evaluated several Council priorities for the Hugo Fire Department, including  Support the City’s existing paid-on-call model for fire response.  Retain and enhance a system to provide succession and strong leadership in officer positions (Farm System)  No new community services or programs, or expanded Fire Department operations desired at this time  Support management needed to administer the existing HFD CITY OF HUGO MEMORANDUM  Equipment, trucks, facilities and staffing as existing and planned are sufficient  Fire response and Rescue are top priority  Retain strong positive culture that exists within the HFD When discussing Council priorities, the subcommittee focused largely on department culture, based on feedback presented from firefighters concerning the importance of culture. They also recognized that the HFD might function somewhat differently from other Fire Departments, and those differences are intentional. Among multiple options for department reorganization, discussion has recently focused on two basic options: Option 1: Keeping things as they are. When discussing this option, the subcommittee recognized some drawbacks within our current model. Among them, there are two primary drawbacks. The first includes lack of availability of a part-time chief. A part-time Chief typically has a separate Full-Time job and is not routinely available when needed. Firefighters mentioned availability of the Chief as a concern. Lack of availability also becomes a concern when an unexpected event happens within the Department. Such an event could mean a serious injury to a firefighter, a disciplinary matter, other administrative and HR needs, a complicated fire investigation, or issues with trucks or equipment. While the Fire Department is typically resourceful and capable, there are specific needs that arise when leadership cannot allocate sufficient time to address matters efficiently. The other primary drawback involves the time commitment for effectively and responsibly leading the Department. While the position includes a part-time salary, this time commitment is more than most can commit, and it has a limiting effect on qualified applicants for the position. Burnout is also a possible concern as a Fire Chief will need to balance this important part-time position, with a full-time job along with any personal and family obligations. There is a real possibility that with any future job opening for Part-Time Fire Chief, the City might expect to receive no applicants. Option 2. Hiring a Full-Time Chief. The drawbacks with this option surround retaining the existing culture. Firefighters are concerned that hiring a Chief from the outside might bring unfavorable cultural elements from the outside. There was also a concern that a Full-Time Chief might try to make fundamental changes to the Department operating structure, and that leadership opportunities that now exist could disappear. RECOMMENDATION: Based on the above analysis and subcommittee discussion, it is my recommendation that Council proceed with the hiring of a Full Time Fire Chief. Staff asks for Council direction to write a job description and position profile. This information will include Council’s priorities, which incorporate feedback from within the Department. Of primary importance is creating a system that retains and strengthens a positive and collaborative working environment. Instrumental to this is the retention of an officer’s hierarchy, with some responsibility for duties and responsibility spread among a number of officers. One goal of this system is to promote leadership and develop a “Farm System” to train and eventually promote to various positions, including the Fire Chief, from within. With Council direction, staff will return with a job description, position profile and salary structure for Council approval. Staff would strongly encourage applicants from within the Department to apply for the position. Following the hiring of a Full-Time Chief, the Chief will return to Council with recommendations for any department reorganizational changes based on Council priorities. 17/6/2023 4:11 PMSu Mo Tu We Th Fr Sa12345678910111213141516 17 18 19 20 21 2223 24 25 26 27 28 2930 31July 2023Su Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31August 2023July 2023Jun 252627282930Jul 1234567891011121314157:00pm City Council6:30pm BOZA7:00pm Planning Comm161718192021225:30pm EDA6:30pm Hist Comm7:00pm Parks Comm232425262728297:00pm City Council -6:30pm BOZA7:00pm Planning Comm3031Aug 12345SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 27/6/2023 4:11 PMSu Mo Tu We Th Fr Sa12345678910111213 14 15 16 17 18 1920 21 22 23 24 25 2627 28 29 30 31August 2023Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 30September 2023August 2023Jul 3031Aug 1234567891011127:00pm City Council6:30pm BOZA7:00pm Planning Comm131415161718195:30pm EDA6:30pm Hist Comm7:00pm Parks Comm202122232425267:00pm City Council6:30pm BOZA7:00pm Planning Comm2728293031Sep 125:00pm Midyear Budget WorkshopSUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY             The following items were distributed at  the Council meeting.  RESOLUTION 2013 - 19 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA, ADOPTING SPECIAL ASSESSMENT POLICIES WHEREAS, the City Council deems it advisable and in the best interest of the City of Hugo to adopt policies relating to special assessments. WHEREAS, the City Council intends that these policies not be construed as exclusive but instead to provide general guidelines for addressing assessments in the City, and in enacting these policies, the City Council acknowledges that special cases and variations may be required based on the particular facts present in any given situation. NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Council of the City of Hugo that the following assessment polices will be followed for all public improvements in the City of Hugo: 1. Assessment Amount A. The grand total of the assessments related to a project cannot exceed the City’s total project cost. B. The amount of any individual assessment cannot exceed the special benefit to the property. In this case, special benefit is defined as the increase in the market value of the property because of the improvement. 2. When Assessments Will Not be Levied A. No special assessments will be levied against designated flood plans, municipal storm water ponds, or wetland areas on private property as determined by criteria in the Wetland Conservation Act of 1991 and the Minnesota Department of Natural Resources. The limits of wetlands will be determined by the City on a case-by-case basis at the time of preliminary project design and feasibility report preparation. B. No special assessments will be levied against railroad, county highway, or state highway right-of-ways. 3. Interest Rate A. The rate of interest on assessments for which bonds were issued to finance the project shall be two percent (2%) greater than the rate of interest on the bonds. In the event that no bonds were issued to finance the project, the rate of interest shall be two percent (2%) greater than the average rate of interest on all bonds issued in the prior calendar year, or if no bonds were issued in the prior calendar year, two percent (2%) greater than the current bond market rate for the City of Hugo. Resolution 2013-19 4. Method of Assessment A. When residential parcels are assessed on a unit basis, a unit shall be defined as one buildable lot consistent with the prevailing zoning district in which the project is located. Other property classifications shall be assessed on a front-footage basis at the rates established on an annual basis by the City Council. B. The special assessment method described in the policy statement cannot be considered as all inclusive. Unique or unusual circumstances may, at times, justify special consideration. In such situations, the City Council may, from time to time, establish by resolution or as part of a Feasibility Study amendments to the assessment policy to cover situations that may not have been contemplated in this policy. 5. How Particular Improvements Will Be Assessed A. Evaluation of Project Feasibility Improvement projects, regardless of whether or not they are included in the Capital Improvement Program, initiated by the City Council, or initiated through a petition from the benefiting property owners, will be evaluated as part of a Feasibility Study and/or other report to evaluate the technical and financial aspects of the project. The City Council may or may not move forward with a project based on the results of the Feasibility Report. B. New Roadways/Projects Not Included in the Capital Improvement Program Improvements will be assessed on a front-footage or unit basis, with 100% of the project cost being assessed provided the benefit as a result of the project meets or exceeds the amount of the assessment. See Exhibit A for financing parameters associated with new collector streets and associated utilities. C. Gravel Roadway Paving Paving of existing gravel roadways shall be assessed on a front-footage or unit basis, with 100% of the project cost being assessed provided the benefit as a result of the project meets or exceeds the amount of the assessment. The City Council may, at their discretion, provide funds to offset the project cost based on the actual cost to provide additional gravel surfacing to the roadway as part of routine roadway maintenance. D. Roadway Reconstruction/Rehabilitation Roadway reconstruction and rehabilitation shall be classified as one of the following: 1. Complete Roadway Reconstruction: This shall include complete pavement removal, subgrade corrections as necessary, installation of concrete curb and gutter, new sidewalks, repair/replacement of existing sidewalks or trails adjacent to the roadway, Page 2 Resolution 2013-19 installation or reconstruction of storm sewer, and storm water management improvements. 2. Partial Roadway Reconstruction: This classification is intended to be used for existing urban-section roadways. The improvements shall include complete pavement removal, subgrade correction as needed, new sidewalks, partial repair/replacement of concrete curb and gutter and sidewalks/trails, storm sewer repair, and storm water management improvements. 3. Roadway Reclamation/Overlay: This classification is intended to be used for existing rural-section roadways that will remain as a rural section following the project. The project will include recycling the existing pavement as aggregate base, minor subgrade corrections as necessary, minor grading, minor storm sewer and drainage improvements, and storm water management improvements. 4. Urban Roadway Mill and Overlay: This will include milling of pavement on the outside edges, partial repair/replacement of concrete curb and gutter and sidewalks/trails, and resurfacing of the roadway. 5. Rural Roadway Overlay: This will include a resurfacing of the roadway including placement of gravel shouldering. 6. Routine Roadway Maintenance: This shall include roadway patching/spot overlays, seal coating, and crack filling. No costs associated with routine roadway maintenance shall be assessed. E. Private Street Improvements 1. Unless otherwise specified by the City, the developer or owners of lands adjoining private streets shall undertake and pay for improvements to private streets and appurtenances according to the City specifications. F. Sanitary Sewer and Water Main Laterals 1. For improvements to existing sanitary sewer and watermain laterals, no assessments shall be levied. City funding will include a combination of utility funds and/or grant monies. 2. For new developments and projects petitioned by benefiting properties currently not serviced by sanitary sewer and/or water mains, and projects not included in the Capital Improvements Plan, one hundred percent (100%) of the project costs for sanitary sewer and water utilities shall be assessed to all parcels within the development. Page 3 Resolution 2013-19 3. Sewer and water service replacements between the sewer main and the property line shall be assessed on a per service basis at one hundred percent (100%) of the City’s expenses for such services. G. Sanitary Sewer and Water Main Trunks 1. The assessment for trunk usage is based on area. The full cost of the trunk system shall be assessed equally over the benefited area at a determined rate per unit. H. Storm Sewer 1. For new developments or improvements petitioned for by benefiting properties not included in the Capital Improvements Plan, one hundred percent (100%) of the storm sewer costs shall be assessed to all parcels within the development, or the assessment shall be the fee required to be paid by the City’s Stormwater Trunk and Ponding Fee Ordinance. 2. For improvements to existing storm sewer systems, the assessment rates as outlined in the Roadway Reconstruction/Rehabilitation section, shall include the storm-sewer improvements. 6. Assessable Costs The amounts included in the costs assessable under this policy shall include the following: A. Contract Costs: Amount paid to contractors for constructing the improvements. B. Construction Interest:The costs of financing during the period between the date when the first payment is made to the contractor exceeding any amount placed in escrow pursuant to the development agreement and the date the assessment roll is approved by the City Council. C. Expenses:Costs incurred by the City in addition to the contract costs, including engineering, legal, advertising, finance charges, administration, easements/right-of-way, permit fees, and the assessment process. D. Project Cost (total cost of the improvement):Total of contract costs, interest, and expenses. 7. Roadway Reconstruction/Rehabilitation Assessment Rates A. Single-Family Residential/Duplexes 1. Residential Roadways:Single-Family residential and duplex rates are typically based on an average 80-foot wide lot in the urban area and up to 300-foot wide lot in the rural area. The assessments shall be levied on a unit basis rather than a front-footage Page 4 Resolution 2013-19 basis. Lots that can be subdivided according to the prevailing zoning regulations will be reviewed on an individual basis to determine whether or not additional unit assessments should be levied. The single-family residential/duplex assessment rates to be utilized for the year 2008 are as follows: Complete Reconstruction: $5,200/unit Partial Reconstruction: $4,100/unit Roadway Reclamation/Overlay: $3,400/unit Urban Roadway Overlay: $2,100/unit Rural Roadway Overlay: $1,800/unit 2. City Municipal State-Aid Roadways: Single-family residential assessments for reconstruction/rehabilitation shall be levied in accordance with the typical residential rates outlined in the policy. B. Commercial, Industrial, Tax-Exempt, and Multi-Family Residential 1. Residential Roadways: Commercial, Industrial, Tax-Exempt, and Multi-Family Residential rates will be reviewed on an individual basis and will be assessed on a front-foot basis. The front-foot rate is determined by dividing the single-family residential/duplex rate by 80 and multiplying by 1.5 (SF Res./Dup. Rate/80 x 1.5) to arrive at the rate. 2. City Municipal State-Aid Roadways: Commercial, Industrial, Tax-Exempt, and Multi-Family Residential assessments will be assessed on a front-foot basis using the method outlined in Section 7.B.1. Each assessment will be reviewed on an individual basis to determine whether or not the property receives additional benefit from specific improvements not typical for residential roadways which may require assessments beyond the standard assessment rates. C. State and County Roadways 1. If the City incurs costs related to the reconstruction or rehabilitation of State or County roadways, the City may levy assessments based on the following: a. Single-Family Residential/Duplexes: Assessments for reconstruction/rehabilitation shall be levied on a unit basis at the standard residential rates outlined in Section 7.A.1 based on the category of the improvement as outlined in Section 5.D. b. Commercial, Industrial, Tax-Exempt, and Multi-Family Residential: Commercial, Industrial, Tax-Exempt, and Multi-Family Residential assessments will be reviewed on an individual basis. Page 5 Resolution 2013-19 D. Assessment Rate Modifications 1. The assessment rate will be included within the City’s adopted fee schedule, and will be reviewed on an annual basis by the City Council. The City Council may consider an adjustment to the assessment rate based on an appropriate industry guideline, such as the Construction Cost Index, provided the adjustment does not exceed the benefit. The City Council may also undertake a Special Benefit Analysis at their discretion to either adjust the assessment rate or verify that the rate as adjusted through the use of a cost index is consistent with the expected benefit. 8. Calculation of Payment A. The assessment amount shall be amortized over the term of the assessment, at the applicable interest rate, with equal installment payments through the term. 9. Corner and Other Lots A. For single-family residential properties, corner, and other multiple-frontage, lots will be assessed one-half unit for each roadway frontage. In the case of lots with more than two frontages, the units will be prorated so the property assessment will total one unit once all frontages have been improved. B. For Commercial, Industrial, Tax-Exempt, and Multi-Family Residential properties, assessments may be levied for multiple projects/frontages based on access. 10. Delay or Deferment of Assessments A. Sanitary Sewer, Storm Sewer, and Water Improvement Projects: Pursuant to Minn. Stat. S. 429.061, the City may delay making assessments for these types of improvements on property that is not completely developed, such as property which is presently served with a septic system. These costs may be deferred until the property develops, subdivides, or is connected to the system. B. Roadway, Curb and Gutter, and Sidewalk Projects:No deferment will be made for these assessments unless they front unimproved property. C. Unimproved Property: The City may, at its discretion, defer the first installment of any assessment upon unimproved property until some designated future year until the property is platted or until improvements are constructed on the property. In these cases, if deferral is made, then the entire assessment for the property is deferred. The minimum assessment for which deferral can be considered is $500, and the minimum size of the parcel for which deferral can be considered is a buildable lot in the respective district. Interest may accrue on the deferred amount. Page 6 Resolution 2013-19 11. Senior Citizen Deferments As allowed by the Minnesota Statute, the City has a special assessment deferral policy for low-income senior citizens and disabled persons as follows: A. Special Assessment Deferral 1. Pursuant to Minn. Stat. 435.193 through 435.195 senior citizens may defer special assessments levied against homestead property owned by the applicant if the criteria set forth below are met by the applicant. B. Eligibility 1. Any person may request deferment of special assessments levied against real property once they are 65 years of age or older, whether or not they turn 65 before an assessment is levied or during the assessment repayment period. A deferment may be requested for assessments related to a public improvement if the following conditions are met: a. Ownership: The applicant must be the fee simple owner of the property or must be a contract vendee for fee simple ownership. b. Homestead: The property must be the applicant’s principal place of domicile and classified on the County’s real-estate tax rolls as the applicant’s homestead. C. Interest on Deferred Assessment 1. All deferred special assessments shall be subject to and charged simple interest at the prevailing rate applicable at the time the assessment was originally levied. Said interest shall be payable upon termination of the deferral status. D. Termination of Deferral Status 1. Special assessment payments deferred pursuant to the eligibility requirements set forth by this resolution shall become payable effective upon the occurrence of one of the following events: a. Sale of Property: The subject property is sold, transferred, subdivided, or in any way conveyed to another by the fee owner qualified for deferral status. b. Death of Owner:The death of the fee owner qualified for deferral status unless a surviving spouse is eligible for the deferral benefit provided hereunder. c. Non-homestead Property:The subject property loses its homestead status for any reason. Page 7 Resolution 2013-19 d. No Hardship: The City Council determines there would be no hardship to require an immediate or partial payment of the deferred special assessment. E. Filing for Deferral Status 1. All deferral applications must be made on forms approved by the City and submitted to the City Clerk. ADOPTED by the City Council this 3 rd day of June, 2013. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk Page 8 EXHIBIT A TO RESOLUTION 2013 - 19 TO SPECIAL ASSESSMENT POLICIES OF THE CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA 1) New Roadway Improvements a) The City may become involved in designing, constructing, or financing new developer- driven roadway and associated improvements where the City determines at its sole discretion that it is a benefit to the City to do so. The following criteria shall be evaluated by the City in making the determination: i) Limited to collector streets and associated utilities as shown on the City’s Comprehensive Plan. (1) Requires an evaluation of benefits to traffic flow and access. ii) Limited to areas with commercial or industrial economic development potential. (1) Requires an analysis of likely business opportunities and job creation. iii) Property lines or other factors make construction of planned infrastructure improvements unlikely. 2) Financing a) City involvement in designing, constructing, or financing new developer-driven roadway and associated improvements is contingent on the following parameters: i) Development of a financing plan that identifies total costs and matching revenue sources that guarantees 100% cost recovery by the City. ii) Special assessments for the improvement project will be levied to the subject property if the following conditions are met: (1) The assessment amount does not exceed 50% of the current property value. (2) The owner concurs that the increase in fair market value of the subject property will be equal to the total cost of the improvement project, and that such increase in fair market value is a special benefit to the subject property. (3) The owner concurs that the amount of the assessment against the subject property is reasonable, fair and equitable. Page 1 (4) The owner represents and warrants that the subject property is not so classified for tax purposes as to result in deferral of the obligation to pay special assessments; and the owner agrees that it will take no action to secure such tax status for the subject property during the term of the assessment. (5) The City obtains mortgage consents from all lenders and/or lien holders to ensure that payment of the assessments takes first position in the event of default. iii) Special assessments for the improvement project will be levied to the subject property in the following manner: (1) Special assessments shall be payable over a maximum term of five (5) years and bear interest at a rate of two points over the bond rate if bonds are issued by the City for the improvement project, or two points over the current bond rate as determined by the City’s financial consultant. (2) To secure payment of the special assessments, the owner of the subject property shall provide to the City a letter of credit, cash surety, or combination thereof, for 60% of the total assessment amount. Reference herein to special assessments shall be deemed to include, and shall include, all interest thereon. The bank and form of the letter of credit or other security shall be subject to the approval of the City Administrator. Such letter of credit shall be maintained in effect until all assessments are paid in full. As assessments are paid, the letter of credit may be reduced or replaced by substitute letters of credit, not more often than once every twelve months, to an amount that is not less than the amount of the unpaid assessments. In the event special assessments are not paid when due, the City may draw on the letter to pay such special assessments. iv) Special assessments against each lot must be paid in full prior to any of the following occurrences: (1) Change in ownership (2) Subdivision of the lot (3) Issuance of a building permit for that lot. Page 2