HomeMy WebLinkAbout2023.08.07 Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. July 24, 2023, City Council Meeting
2. August 1, 2023, National Night Out
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. MPRA Award of Excellence-Presented by Stephanie Schutta
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Annual Performance Review for Public Works Supervisor Mike Loeffler
3. Approve Annual Performance Review for Public Works Director Scott Anderson
4. Approve Annual Performance Review for Public Works Worker Jeff Maas
5. Approve Annual Performance Review for Public Works Worker Matt Klein
6. Approve Resignation of Firefighter Brandon Raschick
7. Approve Resignation of Rick Gregoire as Engineer on the Fire Department
8. Approve Special Event Permit for Hugo Feed Mill 100th Anniversary Event
9. Approve Termination of Interim Ordinance on Solar Energy Systems
10. Approve Resolution Approving an Encroachment Agreement for 6109 Goodview Trail
Court North
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, August 7, 2023
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Nothing Scheduled
I. UNFINISHED BUSINESS
1. Update on National Night Out
J. NEW BUSINESS
1. Nothing Scheduled
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Nothing Scheduled
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON AUGUST 7, 2023
D.1 Approval of Minutes for the July 24, 2023, City Council Meeting
D.2 Approval of Minutes for the August 1, 2023, National Night Out
Staff recommends Council approve the above minutes as presented.
F.1 MPRA Award of Excellence-Presented by Stephanie Schutta
The City of Hugo has been recognized with an Award of Excellence by the Minnesota
Recreation and Park Association for reconstruction of Lions Volunteer Park and the Peder
Pedersen Pavilion. The MRPA Awards of Excellence Program recognizes agencies or
organizations in Minnesota for outstanding achievements and strives to increase public
awareness and appreciation of the excellent parks, trails, and recreation services available in
Minnesota. An awards committee, representing a cross-section of association members from
across the state, scores selected projects annually. Only the top-scoring nominations are selected
to receive Award of Excellence recognition. Stephanie Schutta, Shoreview Recreation Program
Supervisor and representative of the MRPA Awards Committee, will present the City of Hugo
with an MRPA Award of Excellence for Lions Volunteer Park.
G. 1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Public Works Supervisor Mike Loeffler
Mike Loeffler was hired as a Maintenance Worker for the City of Hugo’s Public Works
Department on August 5, 2002. On October 17, 2011, Mike was promoted to be the Public
Works Lead Worker, then promoted to Public Works Supervisor. Public Works Director Scott
Anderson recommends Council approve the annual performance review for Public Works
Supervisor Mike Loeffler.
G.3 Approve Annual Performance Review for Public Works Director Scott Anderson
Scott Anderson was hired by the City of Hugo on August 11, 2003 as a Senior Engineering
Technician, and on August 5, 2008, Scott was promoted as the City’s Public Works Director.
City Administrator Bryan Bear recommends Council approve the annual performance review for
Public Works Director Scott Anderson.
G.4 Approve Annual Performance Review for Public Works Worker Jeff Maas
Jeff Maas was hired by the City of Hugo on July 24, 2006, as a Public Works Worker. Public
Works Director Scott Anderson recommends Council approve the annual performance review
for Public Works Worker Jeff Maas.
G.5 Approve Annual Performance Review for Public Works Worker Matt Klein
Public Works Worker Matt Klein was hired by the City of Hugo on August 27, 2012. Public
Works Director Scott Anderson recommends Council approve the Annual Performance Review
for Public Works Worker Matt Klein.
G.6 Approve Resignation of Firefighter Brandon Raschick
Council approved the hiring of Brandon Raschick as a firefighter on the Hugo Fire Department
on December 6, 2021. Brandon has submitted his letter of resignation. Staff recommends
Council approve the resignation of Brandon Raschick effective July 31, 2023.
G.7 Approve Resignation of Rick Gregoire as Engineer on the Fire Department
Rick Gregoire joined the Hugo Fire Department in 2013 and was promoted as an engineer on the
department. Rick has submitted his request to resign as engineer and remain on the department
as a regular firefighter. Staff recommends Council approve the resignation of Rick Gregoire as
engineer on the Hugo Fire Department.
G.8 Approve Special Event Permit for Hugo Feed Mill 100th Anniversary Event
Steve Marier has applied for a Special Event Permit to hold an event to celebrate the 100th
Anniversary of the Hugo Feed Mill, 5566 146th Street North. Free food will be available along
with door prizes, vendor booths, and a bounce house. The request includes closing the portion of
146th Street south of their parking lot. A Special Event Permit is required for the use of the
streets, and Council approval of the permit is necessary because there is expected to be 200
people in attendance over the course of the weekend. Staff recommends Council approve the
Special Event Permit for the Hugo Feed Mill 100th Anniversary Event.
G.9 Approve Termination Interim Ordinance on Solar Energy Systems
At its meeting on Jun 12, 2023, Council approved an extension of the moratorium on solar
energy systems to allow more time to work on revisions to the ordinance. Council approved an
ordinance on July 24, 2023 that amended specific uses and performance standards as it related to
solar farms. Staff is recommending Council approve the termination of the interim ordinance on
solar energy farms.
G.10 Approve Resolution Approving an Encroachment Agreement for 6109 Goodview
Trail Court North
Joshua and Jamie Wiggins have requested an encroachment agreement to allow construction of a
fence within a drainage and utility easement on property located at 6109 Goodview Trail Court
North. The Senior Engineering Technician has reviewed the location of the fence and is
comfortable with the request. Staff recommends Council approve the resolution approving the
encroachment agreement for 6109 Goodview Trail Court North.
I.1 Update on National Night Out
Council attended National Night Out events on Tuesday, August 1, 2023. Council will provide
an update and direct staff on any follow up items.
N. Adjournment
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, July 24, 2023
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call
COUNCIL PRESENT: Klein, Miron, Strub, Weidt
COUNCIL ABSENT: Petryk
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, Finance Director Anna
Wobse, City Clerk Michele Lindau
Approve Minutes for the July 10, 2023, City Council Meeting
Klein made motion, Strub seconded, to approve the minutes for the City Council meeting held on
July 10, 2023, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Klein seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Presentation of 2022 Audit Report – Jill Schultz, Smith Schafer & Associates
Jill Schultz from the independent accounting firm of Smith Schafer & Associates presented a
recap of the audit of City finances for the 2022 fiscal year. She began by providing background
and stated the reason for the audit was to provide assurance financial statements were free of
material misstatements. Six areas were required to be tested by the state, and there were no
exceptions noted during the 2022 audit.
She explained the difference between Governmental and Enterprise fund types and provided
details on each. She reviewed revenues stating City property taxes bring in the most revenue, and
building permit revenue decreased slightly in 2022. Governmental Fund revenues showed a loss
in investment earnings in 2021 and a larger loss in 2022, which was seen across the board in all
of their government clients. Government Expenditures showed increases in all categories due
mainly to the increased salaries for previously unfilled positions and materials and the
construction of the new Lions Park and Public Works facility. Overall, the General Government,
Public Safety, and Street and Highway funds made up most of the expenditures. Park
maintenance expenditures increased due to Lions Park. Jill talked about the purpose and benefit
of general fund reserves saying they create a favorable bond rating and provide for unanticipated
Council Meeting Minutes for July 24, 2023
Page 2 of 6
expenditures. She said the state auditor recommended 35-50% in the reserve, but Hugo typically
budgeted at least 50% of the following year’s budget. She reviewed capital projects over the
past five years that showed large increases over the past two years due mainly to Lions Park and
the new Public Works building. She talked about the Enterprise Fund explaining decreases in
the revenue were due to less new construction so trunk fees and connection fees were down, and
the loss in investments. She summarized by saying the City was issued an unmodified audit
opinion with no Minnesota legal compliance exceptions. The Annual Comprehensive Financial
Report (ACFR) had been posted on the City’s website and a summary had been published in the
City’s official newspaper.
Miron made motion, Klein seconded, to formally accept the 2022 City Audit.
All Ayes. Motion carried.
Consent Agenda
Klein made motion, Strub seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Associate Planner Max Gort
3. Approve Summary Ordinance on Interim Cannabis.
4. Approve Lawful Gambling Excluded Bingo Permit for the Northern Lights Car Show
on September 17, 2023 at the Blacksmith
5. Approve Special Event Permit for Wenzel-Markfort Family Reunion on August 12, 2023
6. Approve Special Event Permit for Wilson Tool Company Picnic on August 13, 2022
7. Approve Special Event Permit for Kourageous Karter Race on September 16, 2023
8. Approve Encroachment Agreement for 13367 Fondant Trail North
9. Approve Encroachment Agreement for 6143 Goodview Trail Court North
10. Approve Shores of Oneka Lake, Outlot B Wetland Replacement Plan
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Annual Performance Review for Associate Planner Max Gort
Max Gort was hired as the new Associate Planner on August 8, 2022. Adoption of the Consent
Agenda approved the Annual Performance Review for Associate Planner Max Gort.
Approve Summary Ordinance on Interim Cannabis
At its July 10, 2023, meeting, Council approved an interim ordinance on cannabis. Staff had
prepared a summary of that ordinance for publication. Adoption of the Consent Agenda
approved SUMMARY ORDINANCE 2023-527, A SUMMARY OF AN INTERIM
ORDINANCE PROHIBITING THE SALE, TESTING, MANUFACTURING, AND
DISTRIBUTION OF CANNABINOID PRODUCTS.
Council Meeting Minutes for July 24, 2023
Page 3 of 6
Approve Lawful Gambling Excluded Bingo Permit for the Northern Lights Car Show on
September 17, 2023 at the Blacksmith
The Northern Lights Car Club had applied for a Lawful Gambling Excluded Bingo Permit to
hold bingo during their Northern Lights Car Show at the Blacksmith Lounge on September 17,
2023. Licenses are issued by the Minnesota Gambling Control Board after the application is
approved by the City. Adoption of the Consent Agenda approved the application for a Lawful
Gambling Excluded Bingo Permit for the Northern Lights Car Club.
Approve Special Event Permit for Wenzel-Markfort Family Reunion on August 12, 2023
Kathy Wenzel-Markfort had applied for a Special Event Permit to hold a family reunion on her
property at 5623 142nd Street on Saturday, August 12, 2023. A band would be playing from 5
p.m. to 7 p.m. at this event. An event that included live music required a Special Event Permit
approved by Council. Adoption of the Consent Agenda approved the Special Event Permit for
the family reunion on August 12, 2023.
Approve Special Event Permit for Wilson Tool Company Picnic on August 12, 2023
Wilson Tool had applied for a Special Event Permit to hold their annual company picnic on
Saturday, August 12, 2023, at the Hanifl Shelter and Fields. This event required a Special Event
Permit approved by Council because there would be amplified sound, alcohol served, temporary
structures (tents), and approximately 500-1,000 people were expected to attend. This would be a
private event and free of charge to Wilson Tool employees and their families. Adoption of the
Consent Agenda approved the Special Event Permit for the Wilson Tool Picnic on Saturday,
August 12, 2023
Approve Special Event Permit for Kourageous Karter Race on September 16, 2023
Jennifer Williams, representing the Kourageous Karter Foundation, had applied for a Special
Event permit to hold the Kourageous Karter Race on Saturday, September 16, 2023. This would
be a run/walk to raise awareness and funds to help support the needs of medically complex kids.
The run/walk would begin at the Pede Pedersen Pavilion and continue onto the Hardwood Creek
Trail. This event required a Special Event Permit approved by Council because there was
expected to be over 200 people in attendance. Adoption of the Consent Agenda approved the
Special Event Permit for the Kourageous Karter Race on Saturday, September 16.
Approve Encroachment Agreement for 13367 Fondant Trail North
Sara Thorstenson and Brandon Porten had requested an encroachment agreement to allow
construction of a fence within a drainage and utility easement on property located at 13367
Fondant Trail North. The Senior Engineering Technician had reviewed the location of the fence
and was comfortable with the request. Adoption of the Consent Agenda approved
RESOLUTION 2023-19 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW
CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON
THE PROPERTY LOCATED AT 13367 FONDANT TRAIL NORTH.
Council Meeting Minutes for July 24, 2023
Page 4 of 6
Approve Shores of Oneka Lake, Outlot B Wetland Replacement Plan
Fenway Land Company had requested to impact a .5-acre wetland for future development of
Outlot B, The Shores of Oneka Lake. The City had not approved any development application or
development of the property with the wetland replacement plan. Any development of the site
would require approval from the City. The applicant 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.
Discussion and Approval of Solar Ordinance and Summary Ordinance
Community Development Director Rachel Juba provide background on the review of the Solar
Energy Systems Ordinance. At its June 12, 2023, meeting, Council extended the moratorium on
the new development of solar farm solar energy systems for six months. The Ordinance Review
Committee (ORC) had met several times to determine potential revisions to the ordinance and
proposed several revisions to the performance standards and conditions of approval. Proposed
changes included increasing the setbacks to 200 feet, five-acre size limit, and requirements for
six-feet tall vegetation for screening, pollinator friendly plants, and a vegetation management
plan. It was also proposed to include imposing addition setbacks based on conditions. Planning
Commission held a Public Hearing at its July 13, 2023, meeting and took public comments.
There was discussion on setbacks, screening, and trespassing. The Planning Commission had
unanimously recommended approval of the proposed changes including language to have the
duration of the Interim Use Permit begin when the solar farm went into operation.
Klein and Miron were on the ORC and agreed it met what the committee had talked about to
maintain property rights with the understanding that this type of development has impacts.
Klein made motion, Miron seconded, to approve ORDINANCE 2023-528 AMENDING
CHAPTER 90 – ZONING AND LAND USE, ARTICLE VI – REQUIREMENTS FOR
SPECIFIC USES AND PERFORMANCE STANDARDS, SECTION 90-278 – SOLAR
ENERGY SYSTEMS, AS IT RELATES TO SOLAR FARMS.
Roll call vote-
Ayes: Klein, Miron, Strub, Weidt
Nay: None
Motion carried.
Miron made, motion, Klein seconded, to approve SUMMARY ORDINANCE 2023-528, A
SUMMARY OF AMENDED SOLAR ENERGY SYSTEMS ORDINANCE.
Roll call vote-
Ayes: Klein, Miron, Strub, Weidt
Nay: None
Motion carried.
Council Meeting Minutes for July 24, 2023
Page 5 of 6
Receive Bids and Award Contract for Lift Station No. 12
City Engineer Mark Erichson explained that on July 20, 2023, bids were received for Lift Station
No. 12 Improvements. Six bids were received with the low bidder being CW Houle, Inc. Bids
ranged from $614,930.00 to $2,896,968.69. The engineer’s estimate was $750,000. The lift
station was on schedule to be substantially complete by January 19, 2024, with final completion
by May 17, 2024. Erichson recommended approval of the resolution receiving bids and
awarding the contract to CW Houle, Inc. in the amount of $614,930.00.
Miron made motion, Klein seconded, to approve RESOLUTION 2023-21 RECEIVING BIDS
AND AWARDING A CONTRACT FOR LIFT STATION NO. 12.
All Ayes. Motion carried.
Receive Bids and Award Contract for TH61 and 159th Street Improvements
City Engineer Mark Erichson explained that on July 21, 2023, bids were received for the TH 61
and 159th Street Roundabout Improvement Project. Six bids were received ranging from
$2,161,729.90 to 2,942,458.70. The engineer’s estimate was $2,755,147.20. The street
improvement project was on schedule to be substantially complete by December 1, 2023, with
final completion by May 31, 2024. Erichson recommended approval of the resolution receiving
bids and awarding a contract to Arnt Construction Company, Inc. in the amount of
$2,161,729.90.
Klein made motion, Strub seconded, to approve RESOLUTION 2023-22 RECEIVING BIDS
AND AWARDING A CONTRACT FOR THE TH 61 & 159TH STREET RECONSTRUCTION.
All Ayes. Motion carried.
Schedule National Night Out on Tuesday, August 1, 2023
City Administrator Bryan Bear reminded Council that in the past Council had attended
neighborhood parties along with Fire Department and Washington County Sheriff’s Office
personnel. He recommended Council schedule a meeting to attend 2023 National Night Out
events on Tuesday, August 1, 2023.
Weidt made motion, Klein seconded, to schedule National Night Out as a meeting to attend
neighborhood events on August 1, 2023.
All Ayes. Motion carried.
Vacancy on the Browns Creek Watershed District
City Administrator Bryan Bear informed Council of vacancies on the Browns Creek Watershed
District Board. Residents interested in being appointed to the board could contact City Hall.
Council Meeting Minutes for July 24, 2023
Page 6 of 6
Expansion of Xfinity High Speed Internet to the Northeastern Hugo
City Administrator Bryan Bear informed Council the City was recently notified that Comcast
was awarded a grant to do a project that would provide Comcast service to 190 residents and 21
businesses located in the northeastern section of Hugo that were shown to be underserved. The
grant was being paid for with ARPA Funds and will be done at no cost to the City. Comcast will
extend its network to provide 1.2 Gbps download and 200 Mbps upload, which exceeds
Minnesota’s 2026 state speed goal.
Adjournment
Klein made motion, Miron seconded, to adjourn at 7:35 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
MINUTES
City Council-National Night Out
Neighborhood Events
Tuesday, August 1 , 2023
4:30 p.m.
COUNCIL PRESENT: Klein, Miron, Strub, Petryk, Weidt
COUNCIL ABSENT: None
The City Council gathered at City Hall to attend neighborhood National Night Out events along
with Washington County Sheriff’s Department and the Hugo Fire Department. Council was
provided a list of neighborhood events complied by City staff.
Respectfully Submitted,
Michele Lindau,
City Clerk
To: Chief Compton
Subject: Resignation
Chief Compton, I regret to inform you that I write this letter with the intent to resign from the Hugo Fire
Department. Effective July 31st, 2023, I will no longer be an active member of the department. This
process was a long and emotional process. I truly believe that my heart is in the job and details of this
department however my family life and full-time firefighter career just don’t allow me the opportunity
to fulfill the obligations that are needed at this time. I appreciate the training and opportunities that you
have provided in my time with the agency. I hope that someday, as life changes may happen, I will once
again be able to be a part of the organization.
Agenda Number: G.10
CITY OF HUGO
PLANNING AND ZONING
APPLICATION STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Max Gort, Associate Planner
SUBJECT: Joshua and Jamie Wiggins – Encroachment agreement to allow a fence within a
drainage and utility easement on property located at 6109 Goodview Trail Court
North
DATE: August 2, 2023 for the City Council meeting of August 7, 2023
ZONING: Single Family Detached Residential (R-3)
LAND USE: Low Density Residential (LD)
60-DAY REVIEW DEADLINE: September 25, 2023
1. DESCRIPTION OF REQUEST:
The applicant has requested an encroachment agreement to allow construction of a fence within a
drainage and utility easement on property located at 6109 Goodview Trail Court North. The
Senior Engineering Technician has reviewed the location of the fence and is comfortable with
the request.
2. CONCLUSION/RECOMMENDATION:
Staff has reviewed the request and recommends that the City Council approve the encroachment
agreement for the property located at 6109 Goodview Trail Court North.
ATTACHMENTS:
1. Location Map
2. Encroachment Agreement Resolution
3. Encroachment Agreement
4. Site Plan
RESOLUTION 2023-XX
APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW
CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY
EASEMENT ON THE PROPERTY LOCATED AT 6109 GOODVIEW TRAIL
COURT NORTH
WHEREAS, an application has been filed by Joshua and Jamie Wiggins that requests
approval of an encroachment agreement to allow construction of a fence within a drainage
and utility easement on the property located at 6109 Goodview Trail Court North, legally
described as follows;
Lot 26, Block 1, Oneka Ponds, Washington County, Minnesota
WHEREAS, the City Council has fully considered the request for the encroachment
agreement.
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE
CITY OF HUGO, MINNESOTA, that it should and hereby does approve the encroachment
agreement on property located at 6109 Goodview Trail Court.
ADOPTED by the City Council this 7th day of August, 2023.
________________________________________
Tom Weidt, Mayor
ATTEST:
_________________________________
Michele Lindau, City Clerk
ENCROACHMENT AGREEMENT
THIS AGREEMENT is made this 7th day of August, 2023 by and between the CITY OF
HUGO, a Minnesota municipality (hereinafter “City”) and, Joshua and Jamie Wiggins (hereinafter
“Owners”), and their successors in title.
WHEREAS, the City has an easement for drainage and utility purposes (the “Easement”)
along the westerly, northerly, and easterly portion of the Owner’s property, which is legally
described as:
Lot 26, Block 1, Oneka Ponds, Washington County, Minnesota; and,
WHEREAS, Owner is desirous of constructing a fence partially within the easement area;
and,
WHERAS, the City will permit the placement of a fence in the area described herein subject
to the terms and conditions hereof.
NOW, THEREFORE, in consideration of the premises and for good and valuable
consideration, the receipt of which is acknowledged, the City will permit the encroachment on its
easement as set forth herein and subject to the conditions set forth below:
1. Owner and their successors in title may install and maintain a fence within the
Easement, and the retaining wall shall be constructed in accordance with the plans on file with the
City of Hugo.
2. No plantings, trees, permanent improvements or structures other than the fence may
be maintained or placed in the easement area.
3. Owner shall maintain the fence in good repair and shall not permit it to be expanded,
lengthened or to impair the City’s easement or its rights thereunder in any respect.
4. The encroachment granted to Owner herein is subject to the existing easement rights
of the City as granted in various easements.
5. The City will notify Owner if it requires removal or relocation of the fence or any part
of it. Thereafter, Owner shall remove the fence according to the direction of the City and if Owner
fails to do so, the City may enter upon the land and remove as much of the fence as required and cast
it upon the adjoining lands. In such an event, the City shall not be liable to Owner for any costs, loss
or damage whatsoever, and may assess the property for all of its costs incurred in removing the
fence, and Owner waive all formalities, requirements and defenses arising from or relating to
Minnesota Statutes Section 429 relating to or arising from the work done by the City.
6. To the fullest extent permitted by law, Owner agrees to release, defend, protect,
indemnify, save and hold harmless the City, its agents, directors, employees, shareholders and
contractors against any and all claims, costs and liabilities, including the costs of defense for
damages, injury or death arising from or in any way connected to the installation, maintenance,
repair, removal and/or presence of the fence, regardless of whether such harm is to Owner, the City,
the employees or officers, guests or invitees of either or any other person or entity, except Owner
shall not be liable under this paragraph for loss or damage to the extent resulting from the negligen ce
of the indemnified parties.
7. The permission granted herein is limited exclusively to the proposed fence within the
specified portion of the easement area of the City’s Easement. Owner shall not alter the grade or
permit such alteration anywhere upon the land upon which the City has reserved its easement rights
without proper express written consent of the City.
8. Owner shall, at all times, use their best efforts to conduct all of their activities on said
Easement in such a manner as to not interfere with or impede the operation of the City’s Easement
and related activities in any manner whatsoever, and shall follow the direction of the City.
9. This Agreement shall run with the land and inure to the benefit and be binding upon
the parties hereto, their heirs, successors and assigns.
10. Owner shall be responsible for the costs of recording this Agreement with the
Washington County Recorder.
WHEREUPON, the parties have set their hands this day of , 2023.
CITY OF HUGO
By By
Tom Weidt, Mayor Michele Lindau, City Clerk
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2023, before me, a Notary Public, personally
appeared TOM WEIDT and MICHELE LINDAU, of the City of Hugo, a Minnesota municipality within
the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority
of the City Council of the City of Hugo, and TOM WEIDT and MICHELE LINDAU acknowledge said
instrument to be the free act and deed of said City of Hugo.
__________________________________________
Notary Public
Joshua Wiggins, Owner
_____________________________________
Jamie Wiggins, Owner
STATE OF MINNESOTA )
) ss. (Individual Notary)
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2023, before me, a Notary Public, personally
appeared Joshua and Jamie Wiggins, a married couple, who signed the foregoing instrument and
acknowledged said instrument to be their free act and deed.
__________________________________________
Notary Public
THIS INSTRUMENT DRAFTED BY:
David K. Snyder
Johnson & Turner, P.A.
56 East Broadway Avenue, Suite 206
Forest Lake, MN 55025
(651) 464-7292
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