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HomeMy WebLinkAbout2023.11.06 Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. October 16, 2023, City Council 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 Annual Performance Review for Public Works Worker Kraig Pettee 3. Approve Donation from the Hugo American Legion to the Hugo Fire Department 4. Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association 5. Approve Renewal of Conditional Use Permit (CUP) for Property Located at 5777 165th Street North – NCT Holdings LLC 6. Approve Renewal of Conditional Use Permit (CUP) for Property Located at 5885 165th Street North – ME6 Family Limited Partnership 7. Approve Pay Request No. 3 to Arnt Construction for 159th and TH61 Street Reconstruction Project 8. Approve Final Pay Request No. 7 to A-1 Excavating for the 121st Street/Acres of Bald Eagle Project 9. Approve Final Pay Request No. 10 to Peterson Companies for Lions Park and Downtown Street Improvement Project 10. Approve Release of the Letter of Credit for TH61/159th Street Roundabout Project 11. Approve Reduction in Letter of Credit for Oneka Prairie 12. Approve Resolutions Approving Variance and Encroachment Agreement for 12033 Everton Avenue 13. Approve Resolution Adopting the Washington County All-Hazard Mitigation Plan 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, November 6, 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. Nothing Scheduled J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Community Meeting on Glacial Hills Regional Plan on Wednesday, November 15, 2023 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON NOVEMBER 6, 2023 D.1 Approval of Minutes for the October 16, 2023, City Council Meeting Staff recommends Council approve the minutes for the City Council meeting held on October 16, 2023, as presented. G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Public Works Worker Kraig Pettee Kraig Pettee was hired as a Public Works Worker starting November 12, 2018. Kraig had worked the three previous summers as a seasonal worker. Public Works Director Scott Anderson recommends Council approve the annual performance review of Public Works Worker Kraig Pettee. G.3 Approve Donation from the Hugo American Legion to the Hugo Fire Department The Hugo American Legion has requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department must be approved by the Council. Staff recommends Council approve the donation of $1,000 to the Hugo Fire Department. G.4 Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association The Hugo Snowmobile Club and the Rice Creek Trail Association have submitted their respective Snowmobile Trail Applications for the 2023-2024 snow season. According to the submitted applications, Hugo trails will remain the same as last year. Staff recommends Council approve the Snowmobile Trail Applications for the Hugo Snowmobile Club and the Rice Creek Trail Association. G.5 Approve Renewal of Conditional Use Permit (CUP) for Property Located at 5777 165th Street North – NCT Holdings LLC The property has a CUP to operate a land clearing business located at 5777 165th Street North. Condition 1 of the permit states that it shall be subject to renewal every 24 months. Staff inspected the property on October 2, 2023, and noted that the applicant is conducting the same operation on the property but the intensity of the use over the last several years has declined. Staff is not aware of any violations of the existing conditional use permit. Staff has not received any complaints about the use on the property. Staff finds that the property is in compliance with the CUP. Staff recommends approval of the renewal of the CUP. G.6 Approve Renewal of Conditional Use Permit (CUP) for Property Located at 5885 165th Street North – ME6 Family Limited Partnership The property has a CUP to operate an environmental clean-up business, garden center, and landscaping supply business for property located at 5885-165th Street North. On April 15, 2000, the City Council approved the CUP for the environmental clean-up business which includes vehicle repair facilities, cold storage, exterior storage of vehicles and equipment, and company offices. One of the conditions of approval is that the CUP be reviewed and renewed after an initial two-year period, with a four-year review and renewal period thereafter. Staff inspected the property on October 2, 2023, and staff observed that the property is being well maintained and meeting the conditions outlined in their CUP. Staff is not aware of any complaints or issues related to the operation of the CUP. Staff finds that the property is in compliance with the CUP. Staff recommends approval of the renewal of the CUP. G.7 Approve Pay Request No. 3 to Arnt Construction for 159th Street Improvement Project Arnt Construction Company has submitted Pay Request No. 3 in the amount of $711,022.55 for work certified through November 1, 2023, on the TH61/159th Street Roundabout Improvement Project. Substantial work has been completed on the project. Staff recommends Council approve payment to Arnt Construction Company in the amount of $711,022.55. G.8 Approve Final Pay Request No. 7 to A-1 Excavating for the 121st Street/Acres of Bald Eagle Project A-1 Excavating, Inc. has submitted Pay Request No. 7 in the amount of $4,741.94 for work certified through November 1, 2023, on the 121st Street/Acres of Bald Eagle Project. The punch- list has been completed, and this is the final pay application for the project. Staff recommends Council approve payment to A-1 Excavating, Inc. in the amount of $4,741.94. G.9 Approve Final Pay Request No. 10 to Peterson Companies for Lions Park and Downtown Street Improvement Project Peterson Companies, Inc. has submitted Pay Request No. 10 in the amount of $164,067.33 for all work certified on the 2021 Downtown Improvement/Lions Park Project. The punch-list has been completed, and this is the final pay application for the project. Staff recommends Council approve payment to Peterson Companies, Inc. in the amount of $164,067.33 and formally accept the project. G.10 Approve Release of the Letter of Credit for TH61/159th Street Roundabout Project M/I Homes of Minneapolis/St. Paul LLC has provided the City with cash escrow to fund the construction of the TH61/159th Street roundabout replacing the LOC with the City. City staff recommends the release of the letter of credit being held in the amount of $2,488,274 to M/I Homes of Minneapolis/St Paul LLC and use the cash escrow for payments to the Contractor for the construction of the new roundabout. G.11 Approve Reduction in Letter of Credit for Oneka Prairie The Shores of Oneka Prairie Project has had significant work completed to date and Southwind Holdings, LLC. is requesting a reduction in the letter of credit. The current letter of credit for the Oneka Prairie Project is in the amount of $3,941,595. Staff has inspected the work completed to date and recommends Council approve the reduction in the letter of credit to $2,213,413 based on the value of work remaining to be completed. G.12 Approve Resolutions Approving Variance and Encroachment Agreement for 12033 Everton Avenue The applicants, Hunter and Brayanna Smith, are requesting to construct a 1,200 square foot accessory building. The requested variance is to allow for the proposed accessory building and existing shed on the 0.86-acre property to have a rear yard setback of 10 feet, where 30 feet is required by ordinance. There is a 60-foot-wide city owned right-of-way to the east of the applicants’ property. The applicants are requesting an encroachment agreement to allow for an existing fence to remain within the right-of-way until such time that approved improvements are made within the right-of-way. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. Staff is recommending approval of the resolutions approving the variance and encroachment agreement requests for property at 12033 Everton Avenue North. G.13 Approve Resolution Adopting the Washington County All-Hazard Mitigation Plan In 2006, Washington County’s Board of Commissioners adopted the Washington County All Hazard Mitigation Plan which identified the hazards faced in the county, certain vulnerabilities to these hazards, and mitigation strategies for the future. The 2018 Washington County Hazard Mitigation Plan expires on November 22, 2023. Review of this plan by the State of Minnesota Division of Homeland Security and Emergency Management and final approval by the Federal Emergency Management Agency (FEMA) will make Washington County and the municipalities that adopt this plan eligible for three Federal funding sources: Flood Mitigation Assistance (FMA), Building Resilient Infrastructure and Communities (BRIC), and Hazard Mitigation Grant Program (HMGP) project funds. Washington County Commissioners adopted the All-Hazard Mitigation Plan and signed the resolution on Tuesday, October 24. Each city and town must adopt resolutions approving the plan by November 22, 2023, in order to maintain eligibility to apply for and/or receive FEMA grant funding. Staff recommends Council adopt the resolution approving the Washington County All Hazard Mitigation Plan. M.1 Schedule Community Meeting on Glacial Hills Regional Plan on Wednesday, November 15, 2023 Washington County will host a community meeting to gather public input on the Glacial Hills Regional Trail Master Plan. The meeting will take place on Wednesday, November 15, 2023, from 4:30 – 6:30 in the Oneka Room. Staff recommends Council schedule this as a meeting if they wish to attend. N. Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, October 16, 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, Petryk, Weidt COUNCIL ABSENT: Strub OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City Clerk Michele Lindau Approval of Minutes for the September 30, 2023, Kidz ‘n Biz Festival Klein made motion, Petryk seconded, to approve the minutes for the Kidz ‘n Biz Festival held on September 30, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 2, 2023, Council Meeting Petryk made motion, Klein seconded, to approve the minutes for the Council meeting held on October 2, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 2, 2023, Council Executive Session Klein made motion, Miron seconded, to approve the minutes for the City Council Executive Session to discuss the White Bear Lake Lawsuit on October 2, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 7, 2023, Citywide Bus Tour Miron made motion, Klein seconded, to approve the minutes for the Citywide Bus Tour held on October 7, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the October 7, 2023, Hugo Fire Department Open House Klein made motion, Petryk seconded, to approve the minutes for the Hugo Fire Department open house held on October 7, 2023, as presented. All Ayes. Motion carried. Council Meeting Minutes for October 16, 2023 Page 2 of 6 Approval of Agenda Weidt made motion, Miron seconded, to approve the agenda as presented. All Ayes. Motion carried. Approval of Consent Agenda Klein made motion, Petryk seconded, to approve the following Consent Agenda: 1. Approve Claims Roster 2. Approve Donation to the Hugo Fire Department from the Oneka Ridge Golf Course 3. Approve Resolution Approving Encroachment Agreement for 5841 130th Lane North – Johnstone 4. Approve Resolution Approving Encroachment Agreement for Adelaide Landing Master Association 5. Approve Extension of Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo Estates All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Donation to the Hugo Fire Department from the Oneka Ridge Golf Course The Oneka Golf Course wanted to donate $1,400 to the Hugo Fire Department for AEDs. All donations to the Fire Department needed to be approved by Council. Adoption of the Consent Agenda approved the $1,400 donation from the Oneka Ridge Golf Course. G.4 Approve Resolution Approving Encroachment Agreement for 5841 130th Lane North – Johnstone Richard and Pamela Johnstone had requested an encroachment agreement to construct a fence within a drainage and utility easement on property located at 5841 130th Lane North. Senior Engineering Technician Liz Finnegan had reviewed the location of the fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023- 34 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON THE PROPERTY LOCATED AT 5841 130TH LANE NORTH. Approve Resolution Approving Encroachment Agreement for Adelaide Landing Master Association The Adelaide Landing Master Association had requested an encroachment agreement to allow construction of a fence within a drainage and utility easement on several properties located in the Adelaide Landing 6th Addition development. The proposed location for the fence included the east property line of seven residential lots, the right-of-way of 132nd Street North, and a portion of the platted Outlot A. The Senior Engineering Technician had reviewed the location of the Council Meeting Minutes for October 16, 2023 Page 3 of 6 fence and was comfortable with the request. Adoption of the Consent Agenda approved RESOLUTION 2023-35 APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW CONSTRUCTION OF A FENCE WITHIN A DRAINAGE AND UTILITY EASEMENT ON PROPERTIES LOCATED IN ADELAIDE LANDING 6TH ADDITION. Approve Extension of Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo Estates At its November 7, 2022, meeting, Council approved a Comprehensive Plan Amendment, Site Plan, Conditional Use Permits, Variance, and Minor Subdivision for Hugo East / Arbor Meadows development for apartments and manufactured homes to be located north of the Hugo Estates Trailer Park at 15057 Forest Boulevard. TPP, LLC c/o Summit Management, LLC had requested a two-year extension on the approvals while they continued to work on construction plans with a new deadline of November 7, 2025. Adoption of the Consent Agenda approved a two-year extension for Hugo East/Arbor Estates Development. Approve Hiring of Jim Compton, Jr. as New Fulltime Fire Chief The City had received 13 applications for the fulltime Fire Chief position and held interviews on October 4 and October 9. After careful consideration, the interview team recommended Council approve the hiring of the existing Fire Chief Jim Compton, Jr. as the new fulltime Fire Chief effective November 20, 2023. Mayor Weidt removed this from the Consent Agenda and explained the long process that began with first deciding whether to hire a fulltime fire chief. Earlier this year, with a recommendation from a subcommittee, Council agreed to add this position, and a competitive salary range was set. Weidt spoke about the process and the great candidates that applied, saying he felt they made a good selection. He invited Compton to speak. Compton talked about his years on the department and how much he appreciated the opportunity to be the City’s first fulltime Fire Chief. He said he was honored to do this for the City, and it could not be done without the support of his wife and the support of the Council. There were two rounds of interviews held by the interview team consisting of City Administrator Bryan Bear, Public Works Director Scott Anderson, Finance Director Anna Wobse, Community Development Director Rachel Juba, and Sergeant Joe Zerwas. A final round of interviews included Mayor Tom Weidt, and Council Member Mike Miron on the team that interviewed three finalists. Bear stated any three of the finalists would have made a good fire chief, but what made Compton, Jr. stand out was his proven ability to lead and connect with the part time on call individuals on the Fire Department. The Mayor and Council congratulated Compton. Weidt made motion, Miron seconded to approve the hiring of Jim Compton, Jr. as the new fulltime Fire Chief. Role call vote- Ayes: Klein, Miron, Petryk, Weidt Nays: None Motion carried. Council Meeting Minutes for October 16, 2023 Page 4 of 6 Public Hearing on the Birch Tree Ponds Area Street Project Assessments At the September 14, 2023, meeting, Council adopted a resolution declaring costs to be assessed for the 2023 Birch Tree Ponds Area Street Improvements and scheduled the assessment hearing on the proposed assessments for October 16, 2023. The Notice of Assessment Hearing has been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll at least two weeks prior to the hearing. Erichson provided the background on the project beginning with authorization to prepare a feasibility study in July, 2022 and the first neighborhood meeting held on September 29, 2022. On March 6, 2023, City Council awarded the contract for the project to Northwest Asphalt, Inc. Erichson provided a PowerPoint showing the project location and explained the types of improvements that include partial road reconstruction and urban roadway mill and overlay improvements. He showed several before and after photos of the project. He provided information on the assessment policy saying 34% of the $1,959,000 project cost would be covered by assessments and the remaining $1,286,100 would come from City funds. According to the assessment policy, property owners on a road that had a partial reconstruction would be assessed $4,100 per unit. For property owners on a road that had a mill and overlay, the assessment would be $2,100 per unit with the exception of corner lots that would be prorated. Erichson explained the assessment process was governed by Minnesota Statute Chapter 429, and the City goes above and beyond the required number of meetings before the adoption of the assessments. Assessments would be spread over a ten-year period at a 5.25% interest rate. Assessments could be prepaid without interest for 30 days, until November 15, 2023. Unpaid assessments would be certified to the County in the Fall for taxes payable in 2024. A senior citizen deferral was available for those over 65, and Erichson noted that interest would still accrue. Notices would be sent out with all this information. The City had received a letter from Tim and Michele Riermersma who opposed their assessment. Erichson wanted this in the record and said he did not believe anyone from staff had talked to them about the project and said he was willing to discuss it with the property owner. Mayor Weidt opened the public hearing. Tim and Michele Riemersmas, 13545 Freeland Avenue North Hugo were present, and Michele stated they would be happy to discuss this with staff. She said the assessment was not equal to what was done in front of their home. She said she had no idea how large the assessment amount would be, and Tim added they were disabled on a fixed income. Erichson replied that the assessment amount and the assessment policy had been discussed in several meetings. Miron asked about the deferral process, and Bear replied it was a City policy and governed by the state. He suggested the Riemersmas make a request for the deferral, and it would be evaluated. Dorann Lohrke, 14079 Fountain Avenue North, said she was pleased with the job that was done. She said she had lived in her home since 1985. She asked about making the payment. Erichson restated the information on payments and said a notice with that information would be sent out in the mail the following morning. Payments would be made to the City of Hugo Council Meeting Minutes for October 16, 2023 Page 5 of 6 Michelle Lorentz, 6140 135th Street North, asked why she was paying when she didn’t get any new curbs or an apron, and others got half of a new driveway. Erichson explained staff looks at projects as a whole. Curbs and gutters were evaluated, and a lot of it was in good condition and not needing replaced. He explained assessments are not related to what happens in front of the house. Assessments are at set rate, and every parcel is the same. Staff evaluates for damage, drainage, and modifications to grades. Erichson will reach out to meet with her and possibly the Senior Engineering Technician Liz Finnegan. Michelle said she would like to make an appointment, and Erichson told her how to contact him. A resident at 5965 138th Street North said she wanted to say “thank you” and the project looked great. She said she had met with Liz and was appreciative of that. She said they did discover drainage problems, but overall it worked well, and she thanked the Council. Robert Pasqualini, 13810 Foxhill Avenue North, said they love the new street. He said they weren’t aware they had to pay this interest and there was a short deadline to pay before it goes on taxes and interest accrues. Ericson replied the property owners have the ability to pay in full before November 15 with no interest, and they could also pay off any remaining portion of the balance every year there after. Bear added that a mailing would be going out the following day with instructions, and he encouraged anyone to contact the City’s Finance Director with questions. There were no other comments, and Weidt closed the public hearing. Miron talked about staff’s willingness to visit folks onsite. Much of the project was being paid for with the City’s taxpayers’ dollars. It is a goal to keep costs reasonable by not fixing things that don’t need repaired, but still provide a good project with a quality road. He encouraged residents to contact staff with questions. Klein made motion, Petryk seconded, to approve RESOLUTION NO. 2023 -36 RESOLUTION ADOPTING ASSESSMENTS FOR THE 2023 BIRCH TREE PONDS AREA STREET IMPROVEMENT PROJECT. Role call vote- Ayes: Klein, Miron, Petryk, Weidt Nays: None Motion carried. Approve Resolutions Approving Feasibility Study and Set Public Hearing for the 125th and Dellwood Ridge Development Street Improvement Project City Engineer Mark Erichson explained the 2024 125th Street and Dellwood Ridge Neighborhood Street Improvement Project consisted of roadway reclamation and paving of 125th Street and complete roadway reconstruction and storm water improvements in the Dellwood Ridge Neighborhood area. The roadway reclamation and paving would include 125th Street North from Goodview Avenue North to 122nd Street North (CSAH 7). Work on Upper Heather Avenue North from 125th Avenue North to Heather Avenue North and Heather Avenue North from 125th Avenue North to 120th Street North (CSAH 7) would involve complete reconstruction and storm water improvements. Erichson provided a PowerPoint with photos showing the current road conditions. A neighborhood informational meeting was held on September 27, 2023. Council Meeting Minutes for October 16, 2023 Page 6 of 6 Erichson explained the total estimated cost for the project was $3,931,412. Property owners on the streets receiving the complete reconstruction would be assessed $5,200 per unit, and owners of property on streets receiving road reclamation and paving would be assessed $3,400 per unit, with the exception of corner lots which would be prorated. Larger parcels would be assessed according to how many parcels could be created under the current zoning. Assessments would pay for 6.6% of the total costs of the project. The remaining cost would be paid with County funds and City Street Funds. Erichson recommended the Council accept the feasibility study and set the public hearing for November 20, 2023. Construction would take place in June- September, 2024. Miron asked about the larger lots that could be subdivided and wondered if the plan was to speak to them prior to the meeting. Erichson confirmed it was and said he had already had some of those meeting. Miron made motion, Klein seconded, RESOLUTION NO. 2023-37 A RESOLUTION RECEIVING THE FEASIBILITY REPORT AND SETTING THE PUBLIC HEARING FOR THE 2024 125th STREET AND DELLWOOD RIDGE NEIGHBORHOOD STREET IMPROVEMENT PROJECT. All Ayes. Motion carried. Reminder - White Bear Lake Hearing on Tuesday, October 17, 2023 The Council had scheduled a meeting to attend the evidentiary hearing in the matter the White Bear Lake Lawsuit on Tuesday, October 17, 2023, in Room 2040 at the Saint Paul offices of the Office of Administrative Hearings. Bear explained the hearing dates had been modified, and he was not expecting testimony to be as scheduled. He suggested the Council consider canceling the October 17 meeting, and the City’s testimony would likely be next Monday. Bear will find out if there is a video option. Becky made motion, Klein seconded, to reschedule a meeting to attend the hearing on Monday, October 23, 2023, at 9:30 a.m. All ayes. Motion carried. Adjournment Klein made motion, Petryk seconded, to adjourn at 8:02 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk Agenda Number: G.6 CITY OF HUGO PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: NCT Holdings LLC. Conditional use permit renewal for the property located at 5777 165th Street North. DATE: November 2, 2023, for the City Council meeting on November 6, 2023 ZONING: Restricted Industrial (R-1) LAND USE: Industrial (IND) 1. OVERVIEW: The property has a CUP to operate a land clearing and recycling of tree waste business located at 5777 165th Street North. Condition 1 of the permit states that it shall be subject to renewal every 24 months. The last CUP renewal was on December 6, 2021. 2. ANALYSIS: Staff inspected the property on October 2, 2023, and noted that the applicant is conducting the same operation on the property but the intensity of the use over the last several years has declined. Staff is not aware of any violations of the existing conditional use permit. Staff has not received any complaints about the use on the property. 2. CONCLUSION/RECOMMENDATION: Staff finds that the property is in compliance with the CUP. Staff recommends approval of the renewal of the CUP. ATTACHMENTS: 1. Location Map 2. Resolution 2001-75 (CUP Conditions) 3. Site Map Agenda Number G.7 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: ME6 Family Limited Partnership. Conditional use per mit review for property located at 5885-165th Street North DATE: November 2, 2023, for the City Council Meeting of November 6, 2023 ZONING: Restricted Industrial (R-1) LAND USE: Industrial (IND) 1. OVERVIEW: The property has a conditional use permit (CUP) to operate an environmental clean-up business, garden center, and landscaping supply business for property located at 5885- 165th Street North. On April 15, 2000, the city council approved the CUP for the environmental clean-up business which includes vehicle repair facilities, cold storage, exterior storage of vehicles and equipment, and company offices. On May 8, 2003, the City Council approved an amendment to the conditiona l use permit to allow a portion of the property to be used as a garden center and a landscape supply business. The conditional use permit amendment was approved subject to seventeen conditions of approval. One of the conditions of approval is that the CUP shall be reviewed and renewed after an initial two year period, with a four year review and renewal period thereafter. On February 4, 2019, the City Council approved the renewal of the CUP and directed staff to review the CUP again in four years to ensure the applicant continues to meet city ordinances and the conditions of approval. The four year review of the CUP is due for review and renewal. 5885 165th Street - CUP Renewal Page 2 2. ANALYSIS: Staff inspected the property on October 2, 2023 and staff observed that the property is being well maintained and meeting the conditions outlined in their CUP. There are a few new businesses located on the property and all are similar in nature to what is allowed by the CUP. Staff is not aware of any complaints or issues related to the operation of the CUP. 4. STAFF RECOMMENDATION: Staff finds that the property is in compliance with the CUP. Staff recommends approval of the renewal of the CUP. ATTACHMENTS: 1. Location Map 2. Resolution Approving 2003 CUP Amendment 3. Conditional Use Permit 4. Site Plans ATEK Demo MJ Electric Xpress Truck Parking Pond Outdoor Innovations Paragon Paving Eddys Area A&E Lawncare Xpress Truck Parking Mid America J&J Xpress Truck Parking Xpress Truck Parking Wasted Space Along 61 (White Outline) Xpress Truck Parking Main Road ATEK Demo Argon Landscaping 6,000 West Front Corner: 18,300 Total: 33,600 1,500 5,700 Main Area: 47,500; In Front of Office: 12,600; Outside Small Shop: 8,000; South Silver: 8,400 Big Area: 52,500; Outside Office 7,000 2,800 55,000 6,700 17,000 13,200 42,500 39,200 34,000 3,200 500 7,800 Main Shop: 2,000; Small Shop: 1,000; Office: 1,680 Garage: 600; Office: 300; Shop: 2,250 875 K:\019275-000\Admin\Construction Admin\Pay Vouchers\019275-000 LTR PV3 to Cty 110123.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 1, 2023 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: TH 61 & 159th Street Reconstruction City of Hugo, MN WSB Project No. 019275-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No. 3 for the above referenced project in the amount of $711,022.55. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve Construction Pay Voucher No. 3 for Arnt Construction Company. The amount indicated above reflects work certified through November 1, 2023, with a 5% retainage applied. Please include one executed copy with the payment to Arnt Construction Company and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 612.360.1278. Sincerely, WSB Mark Erichson, PE City Engineer Attachments kkp K:\018363-000\Admin\Construction Admin\Pay Vouchers\018363-000 LTR Final PV to City 110223.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM November 2, 2023 Liz Finnegan City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 121st Street and Acres of Bald Eagle Utilities and Street Improvements Project City of Hugo, MN WSB Project No. 018363-000 Dear Liz: Pay Voucher No. 7 (Final) for the above referenced project in the amount of $4,741.91 is enclosed. The quantities completed have been reviewed and agreed upon by the contractor. We hereby recommend that the City of Hugo approve the Final Construction Pay Voucher for A-1 Excavating, Inc. The contractor is preparing the following required documents: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms). 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured (lien waivers). 3. Consent of Surety to Final Payment certification from the contractor’s surety. 4. Two-year maintenance bond. Once you have received all of the above documents, please include one executed copy of the pay voucher with the payment to A-1 Excavating, Inc. and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 612.360.1278. Thank you. Sincerely, WSB Mark Erichson, PE Director of Municipal Program Delivery Attachments kkp K:\015887-000\Admin\Construction Admin\Pay Vouchers\015887-000 PV10 Final LTR to City 101223.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM October 12, 2023 Mr. Bryan Bear City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: 2021 Downtown Improvement Project/Lions Park Project City of Hugo WSB Project No. 015887-000 Dear Mr. Bear: Please find enclosed Construction Pay Voucher No.10 Final for the above referenced project in the amount of $164,067.33. The quantities completed to date have been reviewed and agreed upon by the contractor, and we hereby recommend that the City of Hugo approve this final Pay Voucher No. 10 for Peterson Companies, Inc. When submitting for final payment the contractor needs to provide the following documents: 1. Satisfactory showing that the contractor has complied with the provisions of Minnesota Statutes 290.92 requiring withholding state income tax (IC134 forms). 2. Evidence in the form of an affidavit that all claims against the contractor by reasons of the contract have been fully paid or satisfactorily secured (lien waivers). 3. Consent of Surety to Final Payment certification from the contractor’s surety. 4. Two-year maintenance bond. Once these documents are received. Please include one executed copy of the pay voucher with the payment to Peterson Companies, Inc. and return one executed copy to our office for our file. If you have any questions or comments regarding this voucher, please contact me at 612.360.1278. Sincerely, WSB Mark Erichson, PE Director of Municipal Program Delivery Attachments kkp 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 1 of 16 Client: City of Hugo Contractor: Peterson Companies, Inc. 14669 Fitzgerald Avenue North 8326 Wyoming Trail Hugo, MN 55038 Chisago City, MN 55013 Contract Amount Funds Encumbered Original Contract $6,229,214.96 Original $6,229,214.96 Contract Changes $246,477.44 Additional N/A Revised Contract $6,475,692.40 Total $6,229,214.96 Work Certified To Date Base Bid Items $6,280,328.11 Contract Changes $246,477.44 Material On Hand $0.00 Total $6,526,805.55 Work Certified This Voucher Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date $920.20 $6,526,805.55 $0.00 $6,362,738.22 $164,067.33 $6,526,805.55 Percent Retained: 0% Percent Complete: 100.79% FINAL PAY VOUCHER I hereby certify that a Final Examination has been made of the noted Contract, that the Contract has been completed, that the entire amount of Work Shown in this Final Voucher has been performed and the Total Value of the Work Performed in accordance with, and pursuant to, the terms of the Contract is as shown in this Final Voucher. Approved By WSB Approved By Peterson Companies, Inc. Signature Signature Date Date Approved By City of Hugo Signature Date WSB Project No.: 015887-000 Client Project No.: State Project No.: Federal Project No.: October 12, 2023 10/16/2023 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 2 of 16 Payment Summary No. Up Through Date Work Certified Per Voucher Amount Retained Per Voucher Amount Paid Per Voucher 1 08/10/2021 $306,258.79 $15,312.94 $290,945.85 2 09/15/2021 $611,982.71 $30,599.14 $581,383.57 3 10/14/2021 $1,015,680.65 $50,784.03 $964,896.62 4 12/30/2021 $1,585,395.77 $79,269.79 $1,506,125.98 5 06/14/2022 $1,283,871.46 $64,193.57 $1,219,677.89 6 08/11/2022 $1,237,249.62 $61,862.48 $1,175,387.14 7 11/02/2022 $205,269.87 ($145,879.23) $351,149.10 8 12/13/2022 $118,398.72 $2,959.97 $115,438.75 9 05/10/2023 $161,777.76 $4,044.44 $157,733.32 10 10/12/2023 $920.20 ($163,147.13) $164,067.33 Funding Category Name Work Certified To Date Less Amount Retained Less Previous Payments Amount Paid This Voucher Total Amount Paid To Date Local $1,884,124.20 $0.00 $1,837,021.09 $47,103.11 $1,884,124.20 224-104-006 Roadway $893,890.59 $0.00 $871,543.32 $22,347.27 $893,890.59 224-104-006 Storm Sewer $290,107.09 $0.00 $282,854.41 $7,252.68 $290,107.09 224-111-001 Roadway $194,183.30 $0.00 $189,328.72 $4,854.58 $194,183.30 224-111-001 Storm Sewer $8,678.67 $0.00 $8,461.71 $216.96 $8,678.67 Lions Park $3,255,821.70 $0.00 $3,173,528.97 $82,292.73 $3,255,821.70 Accounting Number Funding Source Amount Paid This Voucher Revised Contract Amount Funds Encumbered To Date Paid Contractor To Date 1 Local $47,103.11 $1,860,981.43 $1,614,503.99 $1,884,124.20 2 State $29,599.95 $1,289,356.97 $1,289,356.97 $1,183,997.68 3 State $5,071.54 $230,964.61 $230,964.61 $202,861.97 4 Local $82,292.73 $3,094,389.39 $3,094,389.39 $3,255,821.70 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 1 2021.501 MOBILIZATION LS $181,557.02 1 0 $0.00 1 $181,557.02 2 2021.601 /M9491 CONTRACTOR COORDINATION L S $18,351.70 1 0 $0.00 1 $18,351.70 3 2101.505 /00020 CLEARING ACRE $8,332.50 0.44 0 $0.00 0.44 $3,666.30 4 2101.505 /00030 GRUBBING ACRE $2,020.00 0.44 0 $0.00 0.44 $888.80 5 2101.524 /00040 CLEARING TREE $252.50 65 0 $0.00 46 $11,615.00 6 2101.524 /00050 GRUBBING TREE $101.00 65 0 $0.00 46 $4,646.00 7 2102.503 /00010 PAVEMENT MARKING REMOVAL L F $10.10 70 0 $0.00 0 $0.00 8 2104.502 /01220 REMOVE SIGN EACH $25.25 23 0 $0.00 21 $530.25 9 2104.502 /02920 SALVAGE LIGHTING UNIT EACH $1,786.69 3 0 $0.00 4 $7,146.76 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 3 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 10 2104.503 /00195 SAWING CONCRETE PAVEMENT (FULL DEPTH) L F $4.04 160 0 $0.00 234 $945.36 11 2104.503 /00205 SAWING BIT PAVEMENT (FULL DEPTH) L F $2.37 3000 0 $0.00 1393 $3,301.41 12 2104.503 /00315 REMOVE CURB & GUTTER L F $1.74 2230 0 $0.00 2535 $4,410.90 13 2104.503 /01220 SALVAGE FENCE L F $6.06 650 0 $0.00 460 $2,787.60 14 2104.504 /00080 REMOVE CONCRETE DRIVEWAY PAVEMENT S Y $4.94 400 0 $0.00 192 $948.48 15 2104.504 /00110 REMOVE BITUMINOUS DRIVEWAY PAVEMENT S Y $2.16 3200 0 $0.00 2377.4 $5,135.18 16 2104.504 /00120 REMOVE BITUMINOUS PAVEMENT S Y $2.12 16500 0 $0.00 14741 $31,250.92 17 2104.518 /00100 REMOVE BITUMINOUS WALK S F $0.23 5000 0 $0.00 5412 $1,244.76 18 2104.518 /00140 REMOVE CONCRETE WALK S F $0.53 2810 0 $0.00 3515.5 $1,863.22 19 2104.601 SALVAGE AND REINSTALL LANDSCAPE STRUCTURES LS $10,100.00 1 0 $0.00 1 $10,100.00 20 2105.601 /00015 DEWATERING LS $19,201.23 1 0 $0.00 1 $19,201.23 21 2106.507 /00010 EXCAVATION - COMMON (P) C Y $21.60 12998 0 $0.00 12998 $280,756.80 22 2106.507 /00030 EXCAVATION - MUCK C Y $4.64 4630 0 $0.00 4919 $22,824.16 23 2106.507 /00040 EXCAVATION - SUBGRADE (P) C Y $5.43 5259 0 $0.00 5259 $28,556.37 24 2106.507 /00050 EXCAVATION - CHANNEL AND POND (P) C Y $12.43 6414 0 $0.00 6414 $79,726.02 25 2106.507 /00080 SELECT GRANULAR EMBANKMENT (CV) C Y $7.01 4630 0 $0.00 4919 $34,482.19 26 2106.507 /00080 SELECT GRANULAR EMBANKMENT (CV) (P) C Y $4.67 6332 0 $0.00 6332 $29,570.44 27 2112.519 /00010 SUBGRADE PREPARATION RDST $306.76 71 0 $0.00 71 $21,779.96 28 2123.610 /00410 STREET SWEEPER (WITH PICKUP BROOM) HOUR $188.87 130 0 $0.00 118.25 $22,333.88 29 2123.610 /00440 1.5 CU YD BACKHOE HOUR $193.92 50 0 $0.00 66.6 $12,915.07 30 2130.523 /00010 WATER MGAL $130.46 90 0 $0.00 120 $15,655.20 31 2211.507 /00170 AGGREGATE BASE (CV) CLASS 5 (P) C Y $25.17 7030 0 $0.00 7030 $176,945.10 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 4 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 32 2301.602 /00071 DRILL & GROUT REINF BAR (EPOXY COATED) EACH $8.59 47 0 $0.00 74 $635.66 33 2331.603 /00070 JOINT ADHESIVE L F $1.79 15960 0 $0.00 16295 $29,168.05 34 2357.506 /00010 BITUMINOUS MATERIAL FOR TACK COAT GAL $3.03 1340 0 $0.00 1400 $4,242.00 35 2360.504 /MSS02 TYPE SP 9.5 WEAR CRS MIX (2,C) 3.0" THICK S Y $21.72 1910 0 $0.00 1106.7 $24,037.52 36 2360.509 /12300 TYPE SP 9.5 WEARING COURSE MIX (2,C) TON $69.69 2360 0 $0.00 2469.08 $172,070.19 37 2360.509 /22300 TYPE SP 12.5 WEARING COURSE MIX (2,C) TON $67.17 3860 0 $0.00 3317.97 $222,868.04 38 2504.602 /00032 ADJUST GATE VALVE & BOX EACH $1,046.36 7 0 $0.00 10 $10,463.60 39 2504.602 /ar1 IRRIGATION SYSTEM REPAIR EACH $101.00 13 0 $0.00 13 $1,313.00 40 2505.601 /M8617 UTILITY COORDINATION L S $15,885.28 1 0 $0.00 1 $15,885.28 41 2506.502 /06020 ADJUST FRAME & RING CASTING EACH $521.16 1 0 $0.00 2 $1,042.32 42 2521.518 /00060 6" CONCRETE WALK S F $15.97 1600 0 $0.00 2348 $37,497.56 43 2521.518 /00130 3" BITUMINOUS WALK S F $2.51 23600 0 $0.00 24177 $60,684.27 44 2531.503 /02315 CONCRETE CURB & GUTTER DESIGN B618 L F $14.82 15100 0 $0.00 16507 $244,633.74 45 2531.504 /00060 6" CONCRETE DRIVEWAY PAVEMENT S Y $74.99 300 0 $0.00 307 $23,021.93 46 2531.618 /00010 TRUNCATED DOMES S F $45.45 340 0 $0.00 357.5 $16,248.38 47 2540.602 /00150 MAIL BOX SUPPORT EACH $141.40 10 0 $0.00 10 $1,414.00 48 2540.602 /M7905 TEMPORARY MAIL BOX EACH $126.25 30 0 $0.00 34 $4,292.50 49 2545.602 /23130 INSTALL LIGHTING UNIT EACH $5,050.00 3 0 $0.00 4 $20,200.00 50 2557.602 /M7906 REPAIR DOG FENCE EACH $505.00 6 0 $0.00 1 $505.00 51 2557.603 /11050 INSTALL FENCE L F $33.84 650 0 $0.00 460 $15,566.40 52 2563.601 /00010 TRAFFIC CONTROL LS $11,564.50 1 0 $0.00 1 $11,564.50 53 2564.518 /00130 SIGN PANELS TYPE C S F $48.48 248.75 0 $0.00 218.5 $10,592.88 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 5 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 54 2564.602 /98080 SIGN PANELS TYPE SPECIAL EACH $151.50 23 0 $0.00 22 $3,333.00 55 2565.616 /00100 REVISE SIGNAL SYSTEM SYS $60,600.00 1 0 $0.00 1 $60,600.00 56 2573.501 /00025 STABILIZED CONSTRUCTION EXIT LS $10,100.00 1 0 $0.00 1 $10,100.00 57 2573.502 /00110 STORM DRAIN INLET PROTECTION EACH $101.00 80 0 $0.00 160 $16,160.00 58 2573.503 /00023 SILT FENCE, TYPE MS L F $1.85 6200 0 $0.00 4625 $8,556.25 59 2573.503 /00061 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $3.34 10700 0 $0.00 1230 $4,108.20 60 2574.507 /00100 COMMON TOPSOIL BORROW C Y $12.28 3570 0 $0.00 0 $0.00 61 2574.508 /00013 FERTILIZER TYPE 3 LB $0.51 2280 0 $0.00 3200 $1,632.00 62 2575.505 /00021 SEEDING ACRE $5,509.55 6.4 0 $0.00 12.85 $70,797.72 63 2575.508 /25151 SEED MIXTURE 25-151 LB $2.07 840 0 $0.00 1590 $3,291.30 64 2575.508 /40006 HYDRAULIC STABILIZED FIBER MATRIX LB $1.26 9800 0 $0.00 20468 $25,789.68 65 2575.604 /01225 ROLLED EROSION PREVENTION CATEGORY 25 S Y $1.87 31100 0 $0.00 1693 $3,165.91 66 2582.503 /30104 4" SOLID LINE MULTI COMP L F $1.82 4480 0 $0.00 3934 $7,159.88 67 2582.503 /30124 24" SOLID LINE MULTI COMP L F $9.09 40 0 $0.00 0 $0.00 68 2582.503 /30404 4" DBLE SOLID LINE MULTI COMP L F $1.62 2010 0 $0.00 2168 $3,512.16 69 2582.518 /02000 PAVT MSSG MULTI COMP S F $10.10 130 0 $0.00 283.69 $2,865.27 70 2582.518 /06000 CROSSWALK MULTI COMP S F $4.04 288 0 $0.00 342 $1,381.68 71 2582.518 /08060 CROSSWALK PREF THERMO GR IN ESR S F $13.64 350 0 $0.00 414 $5,646.96 72 2104.502 /00880 REMOVE HYDRANT EACH $2,545.20 10 0 $0.00 9 $22,906.80 73 2104.503 /00270 REMOVE WATER MAIN L F $12.85 330 0 $0.00 153 $1,966.05 74 2104.602 /01005 REMOVE WATER SERVICE EACH $848.40 3 0 $0.00 5 $4,242.00 75 2104.603 /01850 ABANDON WATER MAIN L F $9.79 400 0 $0.00 400 $3,916.00 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 6 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 76 2504.601 /00040 TEMPORARY WATER SERVICE LS $3,401.68 1 0 $0.00 1 $3,401.68 77 2504.602 /00010 CONNECT TO EXISTING WATER MAIN EACH $971.62 15 0 $0.00 12 $11,659.44 78 2504.602 /00014 CONNECT TO EXISTING WATER SERVICE EACH $899.57 3 0 $0.00 5 $4,497.85 79 2504.602 /00020 HYDRANT EACH $5,317.75 10 0 $0.00 10 $53,177.50 80 2504.602 /00410 1" CORPORATION STOP EACH $503.99 4 0 $0.00 5 $2,519.95 81 2504.602 /00806 6" GATE VALVE & BOX EACH $2,258.76 10 0 $0.00 12 $27,105.12 82 2504.602 /00808 8" GATE VALVE & BOX EACH $3,005.76 3 0 $0.00 2 $6,011.52 83 2504.602 /03100 1" CURB STOP & BOX EACH $721.90 4 0 $0.00 5 $3,609.50 84 2504.603 4" WATERMAIN HDPE L F $13.03 750 0 $0.00 820 $10,684.60 85 2504.603 /00710 1" TYPE K COPPER PIPE L F $35.16 140 0 $0.00 89.5 $3,146.82 86 2504.603 /01062 6" WATERMAIN DUCTILE IRON CL 52 L F $65.24 170 0 $0.00 158.2 $10,320.97 87 2504.603 /01082 8" WATERMAIN DUCTILE IRON CL 52 L F $57.70 500 0 $0.00 443.5 $25,589.95 88 2504.603 /01906 6" WATERMAIN HDPE L F $38.78 50 0 $0.00 0 $0.00 89 2504.604 /01100 4" POLYSTYRENE INSULATION S Y $52.20 50 0 $0.00 31.94 $1,667.27 90 2504.608 /00020 DUCTILE IRON FITTINGS LB $0.01 800 0 $0.00 1488 $14.88 91 2104.502 /00820 REMOVE CASTING EACH $173.18 13 0 $0.00 13 $2,251.34 92 2503.503 /13040 4" PVC PIPE SEWER L F $23.47 60 0 $0.00 60 $1,408.20 93 2503.602 /00300 CONNECT TO EXISTING SANITARY SEWER EACH $2,567.42 1 0 $0.00 1 $2,567.42 94 2503.602 /13402 8"X4" PVC WYE EACH $1,004.95 1 0 $0.00 1 $1,004.95 95 2506.602 CASTING ASSEMBLY (SANITARY) EACH $576.17 13 0 $0.00 13 $7,490.21 96 2506.602 CHIMNEY SEAL EACH $176.75 14 0 $0.00 14 $2,474.50 97 2506.602 /MSS01 RECONSTRUCT MANHOLE (SANITARY) EACH $937.28 6 0 $0.00 6 $5,623.68 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 7 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 98 2104.502 /00910 REMOVE DRAINAGE STRUCTURE EACH $360.68 28 0 $0.00 28 $10,099.04 99 2104.503 /00285 REMOVE SEWER PIPE (STORM) L F $7.92 3440 0 $0.00 2040 $16,156.80 100 2501.502 /05018 18" RC PIPE APRON EACH $1,062.52 1 0 $0.00 1 $1,062.52 101 2501.502 /05024 24" RC PIPE APRON EACH $10,310.94 1 0 $0.00 1 $10,310.94 102 2501.502 /15088 88" SPAN RC PIPE-ARCH APRON EACH $16,563.23 2 0 $0.00 2 $33,126.46 103 2501.602 /60018 TRASH GUARD FOR 18" PIPE APRON EACH $351.48 1 0 $0.00 1 $351.48 104 2501.602 /60024 TRASH GUARD FOR 24" PIPE APRON EACH $542.37 1 0 $0.00 0 $0.00 105 2502.503 /06060 6" PVC PIPE DRAIN L F $26.56 10 0 $0.00 10 $265.60 106 2502.503 /08040 4" PERF TP PIPE DRAIN L F $13.64 400 0 $0.00 500 $6,820.00 107 2502.602 /00260 4" TP PIPE DRAIN CLEAN OUT EACH $250.10 8 0 $0.00 11 $2,751.10 108 2503.503 /18088 88" SPAN RC PIPE-ARCH SEWER CL IIA L F $387.63 138 0 $0.00 138 $53,492.94 109 2503.503 /19125 12" RC PIPE SEWER DES 3006 CL V L F $39.34 38 0 $0.00 38 $1,494.92 110 2503.503 /19155 15" RC PIPE SEWER DES 3006 CL V L F $37.01 2738 0 $0.00 2738 $101,333.38 111 2503.503 /19185 18" RC PIPE SEWER DES 3006 CL V L F $39.14 1882 0 $0.00 1882 $73,661.48 112 2503.503 /19243 24" RC PIPE SEWER DES 3006 CL III L F $48.86 335 0 $0.00 335 $16,368.10 113 2503.503 /19303 30" RC PIPE SEWER DES 3006 CL III L F $81.18 16 0 $0.00 6 $487.08 114 2503.503 /19333 33" RC PIPE SEWER DES 3006 CL III L F $96.34 31 0 $0.00 38 $3,660.92 115 2503.602 /00320 CONNECT TO EXISTING STORM SEWER EACH $1,272.60 5 0 $0.00 5 $6,363.00 116 2503.602 /00360 CONNECT INTO EXISTING DRAINAGE STRUCTURE EACH $1,161.50 4 0 $0.00 4 $4,646.00 117 2506.502 /06000 CASTING ASSEMBLY EACH $693.37 38 0 $0.00 38 $26,348.06 118 2506.503 /00190 CONST DRAINAGE STRUCTURE DESIGN SD-48 L F $678.65 18.1 0 $0.00 18.1 $12,283.57 119 2506.503 /00193 CONST DRAINAGE STRUCTURE DESIGN SD-60 L F $925.05 13.1 0 $0.00 13.2 $12,210.66 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 8 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 120 2506.503 /02420 CONST DRAINAGE STRUCTURE DES 48-4020 L F $546.90 117.3 0 $0.00 117.3 $64,151.37 121 2506.503 /03020 CONST DRAINAGE STRUCTURE DES 60-4020 L F $661.08 45.5 0 $0.00 45.5 $30,079.14 122 2506.503 /03620 CONST DRAINAGE STRUCTURE DES 72-4020 L F $835.86 8.1 0 $0.00 8.1 $6,770.47 123 2506.503 /04220 CONST DRAINAGE STRUCTURE DES 84-4020 L F $955.14 12.9 0 $0.00 12.9 $12,321.31 124 2506.602 CHIMNEY SEAL EACH $176.75 66 0 $0.00 66 $11,665.50 125 2506.602 /12568 CONST DRAINAGE STRUCTURE DESIGN SPEC (2'X3') EACH $1,469.41 28 0 $0.00 28 $41,143.48 126 2511.507 /00014 RANDOM RIPRAP CLASS III C Y $102.59 20 0 $0.00 20 $2,051.80 127 2511.507 /00015 RANDOM RIPRAP CLASS IV C Y $106.48 40 0 $0.00 40 $4,259.20 128 2021.501 /00010 MOBILIZATION LS $5,882.24 1 0 $0.00 1 $5,882.24 129 2104.503 /00205 SAWING BIT PAVEMENT (FULL DEPTH) L F $4.90 100 0 $0.00 128 $627.20 130 2104.504 /00120 REMOVE BITUMINOUS PAVEMENT S Y $4.06 1790 0 $0.00 1790 $7,267.40 131 2231.509 /00010 BITUMINOUS PATCHING MIXTURE TON $73.23 470 0 $0.00 468 $34,271.64 132 2357.506 /00010 BITUMINOUS MATERIAL FOR TACK COAT GAL $3.74 100 0 $0.00 75 $280.50 133 2101.501 /00020 CLEARING & GRUBBING LS $4,545.00 1 0 $0.00 1 $4,545.00 134 2101.502 /LA05 CLEARING AND GRUBBING TREES EACH $303.00 28 0 $0.00 28 $8,484.00 135 2104.501 REMOVE FENCING & BACKSTOPS LS $4,311.69 1 0 $0.00 1 $4,311.69 136 2104.501 SALVAGE SKATE PARK EQUIPMENT LS $2,660.34 1 0 $0.00 1 $2,660.34 137 2104.501 /LA13 REMOVE MISC. AMENITIES L S $7,313.66 1 0 $0.00 1 $7,313.66 138 2104.502 ABANDON AND SEAL WELL EACH $1,316.54 2 0 $0.00 2 $2,633.08 139 2104.518 /LA01 REMOVE PAVEMENTS SF $0.44 18000 0 $0.00 32559 $14,325.96 140 2104.601 SALVAGE EXISTING BOULDERS LS $922.13 1 0 $0.00 1 $922.13 141 2106.501 /LA01 EXCAVATION - COMMON LS $76,561.03 1 0 $0.00 1 $76,561.03 142 2106.507 PLAY SAND C Y $93.42 18 0 $0.00 18 $1,681.56 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 9 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 143 2106.507 /LA02 SELECT GRANULAR EMBANKMENT (P) CY $6.33 3000 0 $0.00 3000 $18,990.00 144 2211.507 AGGREGATE SURFACING (P) C Y $687.39 5 0 $0.00 5 $3,436.95 145 2360.504 3-INCH THICK BITUMINOUS TRAIL W/BASE S Y $23.46 1700 0 $0.00 1658 $38,896.68 146 2411.502 DUMPSTER ENCLOSURE EACH $59,470.82 1 0 $0.00 1 $59,470.82 147 2411.502 FIRE PIT EACH $22,470.52 1 0 $0.00 1 $22,470.52 148 2411.502 MONUMENT PIER - 4 FOOT EACH $7,780.70 24 0 $0.00 24 $186,736.80 149 2411.502 MONUMENT PIER - 6 FOOT EACH $9,291.50 8 0 $0.00 8 $74,332.00 150 2411.502 PRECAST SIGN MONUMENT "A" EACH $38,923.38 1 0 $0.00 1 $38,923.38 151 2411.502 PRECAST SIGN MONUMENT "B" EACH $33,913.78 1 0 $0.00 1 $33,913.78 152 2411.503 CONCRETE RETAINING WALL (SPECIAL) L F $1,143.64 140 0 $0.00 143 $163,540.52 153 2411.503 CONCRETE SEAT WALL (SPECIAL) L F $445.75 85 0 $0.00 85 $37,888.75 154 2411.518 CONCRETE TEXTURE (RETAINING WALL) S F $19.44 400 0 $0.00 400 $7,776.00 155 2411.518 CONCRETE TEXTURE (SEAT WALL) S F $19.44 130 0 $0.00 130 $2,527.20 156 2502.502 /00060 6" PRECAST CONCRETE HEADWALL EACH $464.60 1 0 $0.00 1 $464.60 157 2502.503 /08040 4" PERF TP PIPE DRAIN L F $15.34 750 0 $0.00 1057 $16,214.38 158 2502.602 /00404 4" PVC PIPE DRAIN CLEANOUT EACH $250.23 4 0 $0.00 6 $1,501.38 159 2503.501 DOWNSPOUT CONNECTION LS $211.09 1 0 $0.00 1 $211.09 160 2503.503 /19125 12" RC PIPE SEWER DES 3006 CL V L F $31.82 280 0 $0.00 280 $8,909.60 161 2503.603 /21006 6" PVC PIPE SEWER L F $11.34 260 0 $0.00 278 $3,152.52 162 2504.601 IRRIGATION SYSTEM - PARK/CITY HALL LS $181,507.10 1 0 $0.00 1 $181,507.10 163 2504.601 IRRIGATION SYSTEM - STREET BLVD LS $13,534.00 1 0 $0.00 1 $13,534.00 164 2506.502 /00080 CONST DRAINAGE STRUCTURE DESIGN H EACH $2,455.31 3 0 $0.00 3 $7,365.93 165 2511.602 LIMESTONE BENCH - LARGE EACH $2,269.56 17 0 $0.00 17 $38,582.52 166 2511.602 LIMESTONE BENCH - SMALL EACH $1,358.98 8 0 $0.00 8 $10,871.84 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 10 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 167 2511.602 /00100 LANDSCAPE BOULDERS EACH $135.34 30 0 $0.00 30 $4,060.20 168 2521.518 4-INCH COLORED CONCRETE PAVEMENTY W/BASE S F $13.70 730 0 $0.00 708 $9,699.60 169 2521.518 4-INCH STANDARD CONCRETE PAVEMENT W/BASE S F $7.24 27700 0 $0.00 33194.75 $240,329.99 170 2521.518 6-INCH COLORED CONCRETE PAVEMENT W/BASE S F $16.80 1450 0 $0.00 1444 $24,259.20 171 2521.518 6-INCH CONCRETE PED RAMP W/BASE S F $11.55 1000 0 $0.00 1652 $19,080.60 172 2521.518 6-INCH REINFORCED CONCRETE PAVEMENT W/BASE S F $14.51 10100 0 $0.00 18080 $262,340.80 173 2521.518 6-INCH STANDARD CONCRETE PAVEMENT W/BASE S F $11.91 13800 0 $0.00 14276 $170,027.16 174 2531.503 30" CONCRETE MAINTENANCE STRIP L F $28.85 830 0 $0.00 842 $24,291.70 175 2531.503 CONCRETE PLAY CURB L F $30.58 360 0 $0.00 480 $14,678.40 176 2531.518 BOLLARD CONCRETE MAINTENANCE STRIP S F $15.20 40 0 $0.00 0 $0.00 177 2531.618 TRUNCATED DOMES SF $45.45 345 0 $0.00 390 $17,725.50 178 2540.601 30" SQUARE PLANTER BOX EACH $1,515.00 8 0 $0.00 8 $12,120.00 179 2540.601 LANDSCAPE LOG STEPPERS LS $2,944.15 1 0 $0.00 1 $2,944.15 180 2540.602 48" SQUARE PLANTER BOX EACH $2,797.70 4 0 $0.00 4 $11,190.80 181 2540.602 6' PICNIC TABLE - FIXED EACH $3,615.80 2 0 $0.00 2 $7,231.60 182 2540.602 6' PICNIC TABLE - FIXED ADA EACH $3,615.80 1 0 $0.00 1 $3,615.80 183 2540.602 6' PICNIC TABLE - MOVEABLE EACH $4,762.15 13 0 $0.00 13 $61,907.95 184 2540.602 6' PICNIC TABLE - MOVEABLE ADA EACH $5,065.15 4 0 $0.00 4 $20,260.60 185 2540.602 BENCH BACKLESS EACH $1,681.65 6 0 $0.00 6 $10,089.90 186 2540.602 BENCH WITH BACK EACH $2,378.55 10 0 $0.00 10 $23,785.50 187 2540.602 BIKE RACK LOOPS EACH $373.70 6 0 $0.00 6 $2,242.20 188 2540.602 BISTRO TABLE - HIGH TOP EACH $873.65 2 0 $0.00 2 $1,747.30 189 2540.602 BISTRO TABLE - LOW TOP EACH $818.10 2 0 $0.00 2 $1,636.20 190 2540.602 BISTRO TABLE W/2 SEATS EACH $2,494.70 2 0 $0.00 2 $4,989.40 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 11 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 191 2540.602 BISTRO TABLE W/2 SEATS BACKLESS EACH $2,050.30 4 0 $0.00 4 $8,201.20 192 2540.602 BISTRO TABLE W/3 SEATS EACH $3,115.85 4 0 $0.00 4 $12,463.40 193 2540.602 HIGH TOP BAR EACH $2,706.80 2 0 $0.00 2 $5,413.60 194 2540.602 HIGH TOP CHAIRS EACH $575.70 4 0 $0.00 4 $2,302.80 195 2540.602 LOW TOP CHAIRS EACH $449.45 4 0 $0.00 4 $1,797.80 196 2540.602 RECTANGULAR PLANTER BOX EACH $3,110.80 6 0 $0.00 6 $18,664.80 197 2540.602 SKATE STOPPERS KIT EACH $2,363.40 1 0 $0.00 1 $2,363.40 198 2540.603 /00330 LANDSCAPE EDGER L F $5.45 1360 0 $0.00 1435 $7,820.75 199 2545.501 LIGHTING SYSTEM - BASE LS $297,950.00 1 0 $0.00 1 $297,950.00 200 2557.502 ORNAMENTAL MAINTENANCE GATE - 12" EACH $1,818.00 2 0 $0.00 2 $3,636.00 201 2557.603 ORNAMENTAL FENCE - 4 FOOT L F $166.65 804 0 $0.00 892 $148,651.80 202 2557.603 ORNAMENTAL FENCE - 6 FOOT L F $290.88 8 0 $0.00 8 $2,327.04 203 2571.524 CONIFEROUS TREE 6' HT B&B TREE $328.25 7 0 $0.00 8 $2,626.00 204 2571.524 CONIFEROUS TREE - 90" SPACE (12'-15" HT) TREE $1,313.00 1 0 $0.00 1 $1,313.00 205 2571.524 /05080 CONIFEROUS TREE 8' HT B&B TREE $489.85 2 0 $0.00 2 $979.70 206 2571.524 /12200 DECIDUOUS TREE 2" CAL B&B TREE $575.70 38 0 $0.00 35 $20,149.50 207 2571.524 /12250 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 22 0 $0.00 25 $11,615.00 208 2571.524 /19150 ORNAMENTAL TREE 1.5" CAL B&B TREE $328.25 61 0 $0.00 67 $21,992.75 209 2571.525 SHRUB NO 5 CONT SHRB $58.58 283 0 $0.00 309 $18,101.22 210 2571.527 /01310 PERENNIAL NO 1 CONT PLT $16.41 1671 0 $0.00 2137 $35,068.17 211 2573.501 /00025 STABILIZED CONSTRUCTION EXIT LS $2,525.00 1 0 $0.00 1 $2,525.00 212 2573.501 /LA02 DEWATERING L S $0.01 1 0 $0.00 1 $0.01 213 2573.502 /00110 STORM DRAIN INLET PROTECTION EACH $101.00 3 0 $0.00 3 $303.00 214 2573.503 TREE PROTECTION FENCE L F $2.53 300 0 $0.00 143 $361.79 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 12 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 215 2573.503 /00023 SILT FENCE, TYPE MS L F $1.88 22500 0 $0.00 1675 $3,149.00 216 2573.503 /00061 SEDIMENT CONTROL LOG TYPE WOOD FIBER L F $3.83 700 0 $0.00 855 $3,274.65 217 2575.504 /LA04 EROSION CONTROL BLANKET S Y $1.72 4500 535 $920.20 1777 $3,056.44 218 2575.505 COVER CROP WINTER COVER ACRE $979.70 6.7 0 $0.00 2 $1,959.40 219 2575.505 HYDRAULIC STABILIZER MULCH (BFM) ACRE $2,449.25 6.7 0 $0.00 3.13 $7,666.15 220 2575.505 /LA22 TYPE 1 TURF SEED MIX ACRE $8,049.70 6.1 0 $0.00 5.9 $47,493.23 221 2575.507 /00060 MULCH MATERIAL TYPE 6 C Y $74.74 300 0 $0.00 325 $24,290.50 222 2021.501 MOBILIZATION LS $6,370.10 1 0 $0.00 1 $6,370.10 223 2106.501 /LA01 EXCAVATION - COMMON LS $3,223.92 1 0 $0.00 1 $3,223.92 224 2360.504 3.5 INCH THICK BITUMINOUS COURT W/BASE S Y $22.83 1500 0 $0.00 1512 $34,518.96 225 2411.502 MONUMENT PIER - 4 FOOT EACH $7,780.03 2 0 $0.00 2 $15,560.06 226 2411.502 MONUMENT PIER - 6 FOOT EACH $9,290.99 2 0 $0.00 2 $18,581.98 227 2511.602 LANDSCAPE STEPPERS EACH $622.16 4 0 $0.00 4 $2,488.64 228 2511.602 LIMESTONE BENCH - LARGE EACH $2,486.63 4 0 $0.00 4 $9,946.52 229 2521.518 4-INCH COLORED CONCRETE PAVEMENTY W/BASE S F $13.37 1211 0 $0.00 480 $6,417.60 230 2521.518 4-INCH STANDARD CONCRETE PAVEMENT W/BASE S F $7.28 3050 0 $0.00 3499 $25,472.72 231 2521.518 6-INCH STANDARD CONCRETE PAVEMENT W/BASE S F $12.29 950 0 $0.00 949 $11,663.21 232 2531.503 18" CONCRETE MAINTENANCE STRIP L F $18.21 660 0 $0.00 660 $12,018.60 233 2531.503 30" CONCRETE MAINTENANCE STRIP L F $47.39 50 0 $0.00 46 $2,179.94 234 2540.503 FENCE P0ROTECTOR L F $12.12 50 0 $0.00 50 $606.00 235 2540.602 BIKE RACK LOOPS EACH $393.90 2 0 $0.00 2 $787.80 236 2540.602 BISTRO TABLE W/3 SEATS EACH $3,115.85 1 0 $0.00 1 $3,115.85 237 2540.602 BISTRO TABLE W/4 SEATS EACH $3,681.45 2 0 $0.00 2 $7,362.90 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 13 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 238 2540.602 /LA01 TENNIS NET SYSTEM EACH $2,822.95 1 0 $0.00 1 $2,822.95 239 2540.602 /LA02 PICKLEBALL NET SYSTEM EACH $2,424.00 2 0 $0.00 2 $4,848.00 240 2540.602 /LA04 BASKETBALL GOAL SYSTEM EACH $4,741.95 1 0 $0.00 1 $4,741.95 241 2540.603 /00330 LANDSCAPE EDGER L F $5.45 540 0 $0.00 540 $2,943.00 242 2545.501 LIGHTING SYSTEM - SPORTS COURT LS $13,130.00 1 0 $0.00 1 $13,130.00 243 2557.502 CHAIN LINK GATE EACH $1,863.45 2 0 $0.00 2 $3,726.90 244 2557.503 10' CHAIN LINK FENCE L F $203.52 360 0 $0.00 360 $73,267.20 245 2557.503 4' CHAIN LINK FENCE L F $76.76 50 0 $0.00 50 $3,838.00 246 2557.503 8' CHAIN LINK FENCE L F $126.25 248 0 $0.00 248 $31,310.00 247 2557.603 ORNAMENTAL FENCE - 4 FOOT L F $166.65 36 0 $0.00 36 $5,999.40 248 2557.603 ORNAMENTAL FENCE - 6 FOOT L F $290.88 3.5 0 $0.00 4 $1,163.52 249 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 11 0 $0.00 11 $5,110.60 250 2571.524 DECIDUOUS TREE 2.5" CAL B&B TREE $464.60 3 0 $0.00 3 $1,393.80 251 2571.524 /05080 CONIFEROUS TREE 8' HT B&B TREE $489.85 2 0 $0.00 3 $1,469.55 252 2571.524 /10140 CONIFEROUS TREE 6' HT B&B TREE $328.25 4 0 $0.00 4 $1,313.00 253 2571.524 /12150 DECIDUOUS TREE 1.5" CAL B&B TREE $328.25 7 0 $0.00 7 $2,297.75 254 2571.525 /03040 CONIFEROUS SHRUB 4' HT CONT SHRB $202.00 20 0 $0.00 38 $7,676.00 255 2571.525 /10005 DECIDUOUS SHRUB NO 5 CONT SHRB $48.48 86 0 $0.00 86 $4,169.28 256 2571.527 /01310 PERENNIAL NO 1 CONT PLT $17.68 182 0 $0.00 182 $3,217.76 257 2575.507 /00060 MULCH MATERIAL TYPE 6 C Y $79.79 45 0 $0.00 45 $3,590.55 258 2582.504 ACRYLIC COLOR COAT W/LINE STRIPING S Y $11.05 1200 0 $0.00 1200 $13,260.00 259 2582.601 PAVEMENT MARKINGS (BASKETBALL) LS $701.95 1 0 $0.00 1 $701.95 260 2021.501 MOBILIZATION LS $606.00 1 0 $0.00 1 $606.00 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 14 of 16 Contract Item Status Line No. Item Description Unit Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date 261 2511.602 LIMESTONE BENCH - LARGE EACH $2,350.27 4 0 $0.00 4 $9,401.08 262 2521.518 4-INCH STANDARD CONCRETE PAVEMENT W/BASE S F $7.28 3050 0 $0.00 3724.25 $27,112.54 263 2521.518 6-INCH CONCRETE PED RAMP W/BASE S F $14.84 945 0 $0.00 1106 $16,413.04 264 2531.618 /00010 TRUNCATED DOMES S F $45.45 140 0 $0.00 112 $5,090.40 265 2540.603 /00330 LANDSCAPE EDGER L F $5.45 166 0 $0.00 166 $904.70 266 2545.501 LIGHTING SYSTEM - NW LOT LS $15,150.00 1 0 $0.00 1 $15,150.00 267 2571.524 /12200 DECIDUOUS TREE 2" CAL B&B TREE $535.30 3 0 $0.00 3 $1,605.90 268 2571.524 /19150 ORNAMENTAL TREE 1.5" CAL B&B TREE $328.25 4 0 $0.00 4 $1,313.00 269 2571.525 SHRUB NO 5 CONT SHRB $48.48 69 0 $0.00 69 $3,345.12 270 2571.527 /01310 PERENNIAL NO 1 CONT PLT $15.15 314 0 $0.00 314 $4,757.10 271 2575.507 /00060 MULCH MATERIAL TYPE 6 C Y $77.77 45 0 $0.00 45 $3,499.65 272 2103.501 BUILDING REMOVAL LS $14,518.75 1 0 $0.00 1 $14,518.75 273 2545.501 LIGHTING SYSTEM - TRAIL LOOP LIGHTS LS $37,370.00 1 0 $0.00 1 $37,370.00 Bid Totals: $920.20 $6,280,328.11 Project Category Totals Category Amount This Voucher Amount To Date 2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE A - SURFACE IMPROVEMENTS $0.00 $2,191,182.91 2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE B - WATERMAIN IMPROVEMENTS $0.00 $196,437.90 2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE C - SANITARY SEWER IMPROVEMENTS $0.00 $22,820.30 2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE D - STORM SEWER IMPROVEMENTS $0.00 $565,736.32 2021 DOWNTOWN IMPROVEMENT PROJECT - SCHEDULE E - CITY WIDE BITUMINOUS PATCHING IMPROVEMENTS $0.00 $48,328.98 LIONS PARK PROJECT ALTERNATE A - COURT DEVELOPMENT $0.00 $352,305.96 LIONS PARK PROJECT ALTERNATE B - NORTHWEST PARKING LOT SITE $0.00 $89,198.53 LIONS PARK PROJECT ALTERNATE C - BUILDING DEMO $0.00 $14,518.75 LIONS PARK PROJECT ALTERNATE D - PEDESTRIAN LIGHTS $0.00 $37,370.00 LIONS PARK PROJECT - SCHEDULE A - BASE BID $920.20 $2,762,428.46 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 15 of 16 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date CO 1 274 COR2 STAKING ISSUE ON STRM LS $9,345.60 1 0 $0.00 1 $9,345.60 CO 1 275 COR6 TEMP LIGHTING LS $5,343.80 1 0 $0.00 1 $5,343.80 CO 1 276 COR9 OCT. T AND M WORK LS $38,130.20 1 0 $0.00 1 $38,130.20 CO 1 277 COR10 NEW STORM STRUCTURE LS $13,710.76 1 0 $0.00 1 $13,710.76 CO 1 278 COR11 NOV T AND M LS $11,232.20 1 0 $0.00 1 $11,232.20 CO 1 279 COR12 LED LIGHTS LS $14,634.15 1 0 $0.00 1 $14,634.15 CO 1 280 COR13 PRECAST SIGN COLOR CHANGE LS $14,175.00 1 0 $0.00 1 $14,175.00 CO 1 281 COR14 NEW LETTERING LS $16,440.00 1 0 $0.00 1 $16,440.00 CO 1 282 COR15 BRICK CREDIT LS ($1,312.50) 1 0 $0.00 1 ($1,312.50) CO 1 283 COR16 PLANTER IRRIGATION LS $5,031.40 1 0 $0.00 1 $5,031.40 CO 1 284 COR17 COLUMN MODIFICATIONS LS $17,015.70 1 0 $0.00 1 $17,015.70 CO 1 285 COR18 ANOVA MATERIAL CHANGE LS $9,247.79 1 0 $0.00 1 $9,247.79 CO 1 286 COR20 SOD LS $11,465.00 1 0 $0.00 1 $11,465.00 CO 1 287 COR21 12" RCP LS $5,677.65 1 0 $0.00 1 $5,677.65 CO 1 288 COR22 REBRICK COLUMN LS $4,636.50 1 0 $0.00 1 $4,636.50 CO 1 289 COR23 MOVE BOLLARDS LS $2,420.00 1 0 $0.00 1 $2,420.00 CO 1 290 COR24 6X4 WM REDUCER LS $2,671.90 1 0 $0.00 1 $2,671.90 CO 1 291 COR25 SIPPER CREDIT LS ($3,520.00) 1 0 $0.00 1 ($3,520.00) CO 1 292 COR26 5558 147TH LANDSCAPING LS $3,900.60 1 0 $0.00 1 $3,900.60 CO 1 293 COR27 ELECTRICAL HIT - PLAYGROUND LS $2,378.49 1 0 $0.00 1 $2,378.49 CO 1 294 COR28 IRRIGATION FIELD FIT LS $3,156.34 1 0 $0.00 1 $3,156.34 CO 1 295 COR29 ONEKA BLVD MEDIAN IRRIGATION LS $2,113.65 1 0 $0.00 1 $2,113.65 CO 1 296 COR30 YARD REPAIR - 14830 FLAY AVE LS $1,108.95 1 0 $0.00 1 $1,108.95 CO 1 297 COR33 VOLUNTEER PARK LETTERING LS $2,035.00 1 0 $0.00 1 $2,035.00 2021 Downtown Improvement Project - Lions Park Project Final Pay Voucher 10   Page 16 of 16 Contract Change Item Status CC CC No. Line No. Item Description Units Unit Price Contract Quantity Quantity This Voucher Amount This Voucher Quantity To Date Amount To Date CO 1 298 COR34 5470 146TH IRRIGATION REPAIR LS $3,644.69 1 0 $0.00 1 $3,644.69 CO 1 299 COR35 CORE DRILL HANDICAP SIGNAGE LS $2,205.00 1 0 $0.00 1 $2,205.00 CO 1 300 COR36 STAMPED CONCRETE LS $8,382.00 1 0 $0.00 1 $8,382.00 CO 2 301 COR31 ADDITIONAL STEPPERS LS $8,108.38 1 0 $0.00 1 $8,108.38 CO 2 302 COR37 2022 FUEL ESCALATION LS $20,507.40 1 0 $0.00 1 $20,507.40 CO 2 303 COR38 LIONS PARK IRRIGATION REPAIRS LS $1,377.20 1 0 $0.00 1 $1,377.20 CO 2 304 COR39 BR PAVING INCREASES LS $7,629.09 1 0 $0.00 1 $7,629.09 CO 2 305 COR40 METAL RECEPTICLES LS $2,800.00 1 0 $0.00 1 $2,800.00 CO 2 306 COR41 RAISE CONCRETE LIGHT BASE LS $785.50 1 0 $0.00 1 $785.50 Contract Change Totals: $0.00 $246,477.44 Contract Change Totals No. Contract Change Description Amount This Voucher Amount To Date 1 CO Change Order No. 1 $0.00 $205,269.87 2 CO Change Order 2 $0.00 $41,207.57 Material On Hand Additions Line No. Item Description Date Added Comments Material On Hand Balance Line No. Item Description Date Added Used Remaining 12/20/22, 1:18 PM https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/Aft7ZbSZZTMWTeS_WtVgaA__?FILE__=Print2&PARAMS__=6124… https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/Aft7ZbSZZTMWTeS_WtVgaA__?FILE__=Print2&PARAMS__=6124280424373334733 1/1 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:0-007-065-504 Submitted Date and Time:20-Dec-2022 1:18:22 PM Legal Name:COOL AIR MECHANICAL INC Federal Employer ID:41-0901546 User Who Submitted:arianag Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:991399936 Minnesota ID:9429969 Project Owner:CITY OF HUGO Project Number:2109F (SAP 224-104-006, 224-111-001) Project Begin Date:02-Aug-2021 Project End Date:20-Dec-2022 Project Location:5524 UPPER 146TH ST N, HUGO MN 55038 Project Amount:$9,950.00 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. 1/5/23, 11:48 AM https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/dqga93cMPbuaQRH1s7l0oA__?FILE__=Print2&PARAMS__=888624… https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/dqga93cMPbuaQRH1s7l0oA__?FILE__=Print2&PARAMS__=8886245043053513019 1/1 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:0-284-413-856 Submitted Date and Time:5-Jan-2023 11:48:15 AM Legal Name:EGAN COMPANY Federal Employer ID:41-1570195 User Who Submitted:MargoBonham Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:1560514560 Minnesota ID:3806304 Project Owner:CITY OF HUGO Project Number:21092F Project Begin Date:20-Jun-2021 Project End Date:22-Aug-2022 Project Location:HUGO DOWNTOWN IMP LIONS PARK, 5524 UPPER 146TH ST N, HUGO, MN 55038 Project Amount:$440,802.28 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. From: Troy Ess <Troy@ESSBrothers.com> Sent: Wednesday, June 14, 2023 2:55 PM To: Laurie Charles Subject: Hugo Lions Park ic-134 Your Recent Contractor Affidavit Request 21-306 Follow Up Flag: Follow up Flag Status: Flagged Laurie Please see attached IC-134. Cert pay roll will come from Jim Linna in our office Thank you, Troy Ess 9350 County Road 19 Loretto, MN 55357 763-478-2027 800-478-2027 763-478-8868 fax www.essbrothers.com "Through six generations our integrity, knowledge and service lives strong" From: MN Revenue e-Services <eservices.mdor@state.mn.us> Sent: Wednesday, June 14, 2023 2:46 PM To: Troy Ess <Troy@ESSBrothers.com> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 0-819-634-784 Submitted Date and Time: 14-Jun-2023 2:45:40 PM This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. Legal Name: ESS BROTHERS & SONS INC Federal Employer ID: 41-0637715 User Who Submitted: ttetroy Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 336678912 Minnesota ID: 8205836 Project Owner: CITY OF HUGO Project Number: LIONS PARK Project Begin Date: 07-Jun-2022 Project End Date: 07-Jun-2023 Project Location: HUGO MN Project Amount: $166,376.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:1-309-079-456 Submitted Date and Time:21-Dec-2022 7:21:47 AM Legal Name:ALVERO LLC Federal Employer ID:46-2582481 User Who Submitted:alvero Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:1528532992 Minnesota ID:3051898 Project Owner:CITY OF HUGO Project Number:2109F DOWNTOWN IMPROVEMENTS Project Begin Date:19-Jul-2021 Project End Date:04-Nov-2021 Project Location:HUGO Project Amount:$4,850.00 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. 10/19/23, 11:25 AM mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/KukCM7OW6XAUblGaguqQMw__?FILE__=Print2&PARAMS__=74127751698… https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/KukCM7OW6XAUblGaguqQMw__?FILE__=Print2&PARAMS__=7412775169802166881 1/2 Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:2-115-657-312 Submitted Date and Time:19-Oct-2023 11:23:24 AM Legal Name:PETERSON COMPANIES INC Federal Employer ID:41-1934913 User Who Submitted:jmiller@petersoncompanies.net Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:133582848 Minnesota ID:4235858 Project Owner:CITY OF HUGO Project Number:SAP 224-104-006 & 224-111-001 21092F Project Begin Date:14-Jul-2021 Project End Date:22-May-2023 Project Location:HUGO DOWNTOWN IMP. LIONS PARK, 5524 UPPER 146TH STREET N., HUGO 55038 Project Amount:$6,526,805.55 Subcontractor Summary Name ID Affidavit Number ADVANCED CONCRETE SAWING INC 4684667 150835200 BITUMINOUS ROADWAYS INC 8225235 1103777792 BULACH CUSTOM ROCK LLC 8010066 10915840 COOL AIR MECHANICAL INC 9429969 991399936 COURT SURFACE & REPAIR INC 6489794 1854377984 EGAN COMPANY 3806304 1560514560 E H RENNER & SONS INC 8602354 1593331712 ESS BROTHERS & SONS INC 8205836 336678912 ALVERO LLC 3051898 1528532992 HUSKY CONSTRUCTION 5047998 1835028480 KNIFE LAKE CONCRETE INC 5836054 2080346112 10/19/23, 11:25 AM mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/KukCM7OW6XAUblGaguqQMw__?FILE__=Print2&PARAMS__=74127751698… https://www.mndor.state.mn.us/tp/eservices/_/Retrieve/0/Dc/KukCM7OW6XAUblGaguqQMw__?FILE__=Print2&PARAMS__=7412775169802166881 2/2 LAUREL INC 1714906 322801664 MID STATE RECLAMATION INC 1719563 1126141952 NORTHLAND CUSTOM IRONWORKS LLC 6408720 167219200 PARAGON COMPANY INC 8418947 2130989056 POWELL PETERSEN INC 3671593 192647168 SAFETY SIGNS LLC 5139558 713003008 SIR LINES-A-LOT INC 3509324 1845989376 TR CONCRETE, INC.2134445 922243072 Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are Monday through Friday 8:00 a.m. to 4:30 p.m. Central Time. Please print this page for your records using the print or save functionality built into your browser. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:1-850-064-992 Submitted Date and Time:25-Jan-2023 8:44:47 AM Legal Name:KNIFE LAKE CONCRETE INC Federal Employer ID:41-1375740 User Who Submitted:knifelakeconcrete Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:2080346112 Minnesota ID:5836054 Project Owner:CITY OF HUGO Project Number:21092F (SAP 224-104-006, 224-111-001) Project Begin Date:09-Sep-2021 Project End Date:25-Jan-2023 Project Location:HUGO DOWNTOWN IMP. LIONS PARK Project Amount:$935,713.00 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. From: MN Revenue e-Services <eservices.mdor@state.mn.us> Sent: Tuesday, January 3, 2023 08:14 To: Julia Ohmann Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:1-664-503-712 Submitted Date and Time:3-Jan-2023 8:13:28 AM Legal Name:MID STATE RECLAMATION INC Federal Employer ID:39-1727526 User Who Submitted:brendapetsch Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:1126141952 Minnesota ID:1719563 Project Owner:CITY OF HUGO Project Number:21092F Project Begin Date:29-Jul-2021 Project End Date:25-Aug-2021 Project Location:HUDO DOWNTOWN IMP. LIONS PARK Project Amount:$9,426.90 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us . Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number:0-048-674-720 Submitted Date and Time:20-Dec-2022 1:52:12 PM Legal Name:NORTHLAND CUSTOM IRONWORKS LLC Federal Employer ID:82-5080878 User Who Submitted:NickKlepsa89 Type of Request Submitted:Contractor Affidavit Affidavit Summary Affidavit Number:167219200 Minnesota ID:6408720 Project Owner:CITY OF HUGO Project Number:2109F (SAP 224-104-006, 224-111-001) Project Begin Date:06-Sep-2022 Project End Date:07-Sep-2022 Project Location:LIONS PARK, 5524 UPPER 146TH ST N, HUGO, MN 55038 Project Amount:$3,618.53 Subcontractors:No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. Please print this page for your records using the print or save functionality built into your browser. 1 Laurie Charles From:Richard Kelly <112646@gmail.com> Sent:Friday, January 13, 2023 9:17 AM To:Laurie Charles Subject:Fwd: Your Recent Contractor Affidavit Request Please find corrected IC-134 attached. Dick Kelly ---------- Forwarded message --------- From: MN Revenue e-Services <eservices.mdor@state.mn.us> Date: Fri, Jan 13, 2023 at 9:15 AM Subject: Your Recent Contractor Affidavit Request To: <112646@gmail.com> This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-204-346-784 Submitted Date and Time: 13-Jan-2023 9:14:56 AM Legal Name: PARAGON COMPANY INC Federal Employer ID: 20-5004575 User Who Submitted: kelly2017 Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 2130989056 Minnesota ID: 8418947 Project Owner: CITY OF HUGO Project Number: 21092F LIONS PARK Project Begin Date: 26-Oct-2021 Project End Date: 26-Oct-2021 Project Location: HUGO, MN Project Amount: $12,760.02 Subcontractors: No Subcontractors Important Messages This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. 2 A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. 1 Laurie Charles From:Amy Moosbrugger <AMoosbrugger@trconcrete.com> Sent:Wednesday, December 21, 2022 8:47 AM To:Laurie Charles Subject:FW: Your Recent Contractor Affidavit Request Follow Up Flag:Follow up Flag Status:Flagged Here you go. Amy From: MN Revenue e-Services <eservices.mdor@state.mn.us> Sent: Wednesday, December 21, 2022 8:47 AM To: Amy Moosbrugger <AMoosbrugger@trconcrete.com> Subject: Your Recent Contractor Affidavit Request This email is an automated notification and is unable to receive replies. Contractor Affidavit Submitted Thank you, your Contractor Affidavit has been approved. Confirmation Summary Confirmation Number: 1-252-226-976 Submitted Date and Time: 21-Dec-2022 8:46:44 AM Legal Name: TR CONCRETE, INC. Federal Employer ID: 45-2587137 User Who Submitted: rinatae@hotmail.com Type of Request Submitted: Contractor Affidavit Affidavit Summary Affidavit Number: 922243072 Minnesota ID: 2134445 Project Owner: CITY OF HUGO Project Number: 21092F (SAP 224-104-006, 224-111-001) Project Begin Date: 01-Oct-2021 Project End Date: 30-Jun-2022 Project Location: 5524 UPPER 146TH ST N HUGO, MN 55038 Project Amount: $424,690.00 Subcontractors: No Subcontractors Important Messages A copy of this page must be provided to the contractor or government agency that hired you. Contact Us If you need further assistance, contact our Withholding Tax Division at 651-282-9999, (toll-free) 800-657-3594, or (email) withholding.tax@state.mn.us. Business hours are 8:00 a.m. - 4:30 p.m. Monday - Friday. This message was sent from outside of the organization. Please do not click links or open attachments unless you recognize the source of this email and know the content is safe. 2 How to View and Print this Request You can see copies of your requests by going into your History. This message and any attachments are solely for the intended recipient and may contain nonpublic / private data. If you are not the intended recipient, any disclosure, copying, use, or distribution of the information included in this message and any attachments is prohibited. If you have received this communication in error, please notify us and immediately and permanently delete this message and any attachments. Thank you. Agenda Number G.12 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Max Gort, Associate Planner SUBJECT: Hunter and Brayanna Smith, 12033 Everton Avenue North. Variance request from the rear yard setback requirement for an existing shed and proposed accessory building, and encroachment agreement request for an existing fence within City right-of-way. DATE: November 1, 2023 for the City Council meeting of November 6, 2023 ZONING: Large Lot Single-Family Residential. (R-1) REVIEW DEADLINE: November 7, 2023 1.BOARD OF ZONING UPDATE At its October 12, 2023 meeting, the Board of Zoning Adjustments and Appeals held a public hearing and considered the request. Members of a family who own nearby appeared both in- person and virtually to comment. Their primary concerns were related to the applicants’ fence encroaching into the right-of-way between their properties, and whether the proposed variance would affect the family’s ability to develop their property. The Board was generally comfortable with the request and felt that the proposed building would not inhibit the neighbors’ ability to develop their property, and that structures in the right-of-way between the properties would be removed if approved improvements are installed within the right-of-way. The Board unanimously recommended approval of the variance request. 2.DESCRIPTION OF REQUEST: The applicants, Hunter and Brayanna Smith, are requesting to construct a 1,200 square foot accessory building. There is an existing 197.64 square foot shed on the property. The requested variance is to allow for the proposed accessory building and existing shed on the 0.86 acre property to have a rear yard setback of 10 feet, where 30 feet is required by ordinance. There is a 60-foot wide city owned right-of-way to the east of the applicants’ property. The applicants are requesting an encroachment agreement to allow for an existing fence to remain Smith Variance and Encroachment Agreement – 12033 Everton Avenue North Page 2 2 within the right-of-way until such time that approved improvements are made within the right- of-way. The fence is currently located in the applicants back yard, and extends into the right-of- way by a distance of roughly 30 feet. The Senior Engineering Technician has reviewed the location of the fence and is comfortable with the request. 3. LEVEL OF CITY DISCRETION IN DECISION-MAKING: The City’s discretion in approving or denying a variance is limited to whether or not the proposed project meets the standards in the Zoning Ordinance for a variance. The City has a higher level of discretion with a variance because the burden of proof is on the applicant to show that they meet the standards in the ordinance. 4. ANALYSIS: A. Surrounding Land Use and Zoning The surrounding properties are zoned Large Lot Single Family Residential (R-1) and are classified as Very Low Density (VLD) in the 2040 Land Use Plan. The surrounding properties range from 0.25 to 1.36 acres in size and are occupied by single family homes. 5. VARIANCE STANDARDS: The Board must review the requested variances with the standards outlined in Section 90-38 of the land use regulations. Staff used these standards to review the variance request and finds the following: (1) Law. The variance as requested is permissible by law. The proposed variance is permissible by law. (2) Practical Difficulties. The applicant for a variance shall establish that there are practical difficulties in complying with the provisions of the zoning regulations. The term “Practical Difficulties” as used in the granting of a variance means: a. Reasonable Use. The property owner proposes to use the property in a reasonable manner not permitted by the zoning ordinance and; Accessory buildings are allowed in the R-1 zoning district. Lots in the R-1 zoning district that are less than three acres in size are allowed two accessory buildings with a maximum combined size of 1,500 square feet. The applicant is requesting to construct a 1,200 square foot accessory building. There is an existing 197.64 square foot accessory building on site. The square footage of the proposed accessory building along with the existing accessory building will be below the maximum of 1,500 square feet. There are existing trees in the front yard of the property that would provide screening from Everton Avenue North. The request is a reasonable use. Smith Variance and Encroachment Agreement – 12033 Everton Avenue North Page 3 3 b. Unique Circumstances. The plight of property owner is due to circumstances unique to the property not created by the landowner and; The property is unique in that it is a 0.86-acre parcel in a zoning district that has a minimum lot size of 1 acre. The property is bordered to the east and west by 60-foot wide City rights-of-way that were created with the Shadyside No. 4 plat. The house is located roughly 32 feet from the rear property line at its closest point. To the southwest of the house, the property is split by the right-of-way of Everton Avenue North. There is steep sloping terrain from the location of the house toward the street. The applicant has stated that the proposed location is the best for an accessory building due the area being relatively flat, located behind the house, and reduces the amount of necessary tree removal for construction. The accessory building ordinance prohibits the placement of accessory buildings in front of the house. If the applicant constructed the building in a location further from the rear property line, they would need to perform substantial grading and additional tree removal due to the steep slope in other areas of the property. It is the staff opinion that the need for a variance is due to the topographical characteristics of the site and not due to circumstances created by the landowner. c. Character of Neighborhood. The variance, if granted, will not alter the essential character of the neighborhood. Accessory buildings up to 1,500 square feet are common in the R-1 zoning district. The zoning district’s building setbacks are designed for lots with a minimum size of 1 acre. The accessory building ordinance discourages the construction of accessory buildings in front of the principal building on site. The City-owned parcels adjacent to the location of the proposed accessory building are currently vacant. Staff is of the opinion that the proposed accessory building will not disrupt the essential character of the neighborhood. It is in staff’s opinion that there are practical difficulties in meeting the setback requirements for the R-1 zoning district due to the geographic constraints of the site. (3) Spirit and Intent. The granting of the variance would be in keeping with the spirit and intent of this chapter and with the policies of the City’s Comprehensive Plan. The spirit and intent of the ordinance for a rear yard setback is to require a minimum amount of space between buildings and the property line. It is the staff’s opinion that there would be a reasonable amount of space between the proposed accessory building, existing shed, and the property line, although the building would encroach into the rear yard setback. The variance as requested meets the spirit and intent of the ordinance. (4) Prohibited Use. The variance, if granted, shall not have the effect of allowing any use prohibited in the district. Accessory buildings are a permitted use in the R-1 zoning district. Smith Variance and Encroachment Agreement – 12033 Everton Avenue North Page 4 4 (5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood protection than required by this chapter. The variance shall be determined the minimum necessary, considering the flood hazard, to afford relief, and the variance shall not be issued within any designated regulatory floodway if any increase in flood levels during the base flood discharge would result. The property is not located within a FEMA designated floodplain. (6) Septic and Well Compliance. The sewage treatment system and water system of the subject property is in compliance with city and state codes. The property is served by municipal water and sanitary sewer services. 6. CONCLUSION: It in staff’s opinion that the applicant meets all the criteria necessary to approve the variance and encroachment agreement requests. 7. RECOMMENDATION: Staff recommends approval of the variance and encroachment agreement requests subject to the conditions in the resolution. 8. BOARD OF ZONING RECOMMENDATION: The Board of Zoning Adjustments and Appeals unanimously voted to recommend approval of the variance request. ATTACHMENTS: 1. Location Map 2. Variance Resolution 3. Encroachment Agreement Resolution 4. Encroachment Agreement 5. Site Plan RESOLUTION 2023-XX APPROVING A VARIANCE FROM THE REAR AND SIDE YARD REQUIREMENTS FOR PROPERTY LOCATED AT 12033 EVERTON AVENUE NORTH WHEREAS, Hunter and Brayanna Smith have requested approval of a variance to allow the proposed 1,200 square foot accessory building to be 10 feet from the rear yard property line, where 30 feet is required by ordinance, on property legally described as follows: Lots 7, 8, 9, 10, 22, 23, and 24, Block 7, Shadyside No. 4, Washington County, Minnesota. WHEREAS, the Board of Zoning Adjustments and Appeals has reviewed said variance at a duly called public hearing on October 12, 2023, and recommends approval with the following findings and conditions: 1. The proposed facilities shall be in adherence to the site plan dated September 8, 2023. 2. The proposed variance is permissible by law. 3. The existing rows of trees are to provide screening from the road, and the proposed location meets all accessory building size and placement requirements, establishing the accessory building as a reasonable use. 4. The property is constrained by sloping terrain and existing trees. The proposed location prevents the applicant from needing to grade and removing a significant amount of existing trees, creating unique circumstances that are not created by the landowner. 5. The proposed location of the building is well screened by existing trees both from the street, which does not create a visual disruption relative to the adjacent properties and road. The requested variance will not alter the essential character of the neighborhood. 6. There are practical difficulties in meeting the ordinance standards. 7. The spirit and intent of the ordinance for a rear and side yard setback is to require a minimum amount of space between buildings and the property line. It is the staff’s opinion that there would be a reasonable amount of space between the accessory building and the property line, although a portion of the addition would encroach into the rear and side yard setback. The variance as requested meets the spirit and intent of the ordinance. 8. The use is allowed in the R-1 zoning district. 9. The property is not located within a floodplain area. 10. The property is served by City sewer and water. Resolution 2023-XX Page 2 11. Prior to the issuance of a Certificate of Occupancy, the property owner shall: a. Relocate the existing shed such that it meets the 10-foot rear yard setback that would be approved with this variance request. b. Remove the concrete slab that exists within the City right-of-way. c. Enter into an encroachment agreement with the City for the fence that would require the fence’s relocation at the time improvements happen in the City right-of-way. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the variance request for Hunter and Brayanna Smith to construct a 1,200 square foot accessory building 10 feet from the rear yard property line, where 30 feet is required by ordinance, for the property located at 12033 Everton Avenue North. ADOPTED by the City Council this 6th day of November, 2023. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2023-XX APPROVING AN ENCROACHMENT AGREEMENT TO ALLOW A FENCE LOCATED WITHIN RIGHT-OF-WAY TO THE EAST OF PROPERTY LOCATED AT 12033 EVERTON AVENUE NORTH WHEREAS, an application has been filed by Hunter Smith and Brayanna Smith that requests approval of an encroachment agreement to allow a fence within right-of-way to the east of property located at 12033 Everton Avenue North, legally described as follows; Lots 7, 8, 9, 10, 22, 23, and 24, Block 7, Shadyside No. 4, 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 12033 Everton Avenue North. ADOPTED by the City Council this 6th day of November, 2023. ________________________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk ENCROACHMENT AGREEMENT THIS AGREEMENT is made this 6th day of November, 2023 by and between the CITY OF HUGO, a Minnesota municipality (hereinafter “City”) and, Hunter Smith and Brayanna Smith, a married couple, hereinafter “Owners”), and its successors in title. WHEREAS, the City has a tract of right-of-way (the “Right-of-way”) to the east of the Owner’s property, which is legally described as: Lots 7, 8, 9, 10, 22, 23, and 24, Block 7, Shadyside No. 4, Washington County, Minnesota. WHEREAS, Owner is desirous of constructing a fence partially within the right-of-way 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 right-of-way 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 Right- of-way, and the fence 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 right-of-way 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 right-of-way or its rights thereunder in any respect. 4. The encroachment granted to Owner herein is subject to the existing right-of-way rights of the City as granted in various rights-of-way. 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 negligence of the indemnified parties. 7. The permission granted herein is limited exclusively to the proposed fence within the specified portion of the right-of-way area of the City’s Right-of-way. Owner shall not alter the grade or permit such alteration anywhere upon the land upon which the City has reserved its right- of-way 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 Right-of-way in such a manner as to not interfere with or impede the operation of the City’s Right- of-way 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. 11. Owner shall remove and relocate that portion of the fence within the right-of-way at such time that improvements are made within the right-of-way. 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 Hunter Smith, Owner Brayanna Smith, Owner STATE OF MINNESOTA ) ) ss. (Individual Notary) COUNTY OF WASHINGTON) On this _____ day of __________________, 2023, before me, a Notary Public, personally appeared Hunter Smith and Brayanna Smith, 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 8910247925930923924926927928929931932933934935EVERTON AVE N()2322OHEOHEOHEOHEN00°07'08"E 119.41S89°36'20"E 134.11S00°16'07"W 40.01 S89°38'16"E 134.01N00°25'08"E 159.85 N89°42'44"W 268.85()935935934933932931930929928()PROPOSEDGARAGE(935.0)STWWACEGHYD 40.0030.00**************************************10.0OHE OHE OHE OHES0°16'38"W 106.18106.00(RUD)CERTIFICATE OF SURVEYFILE NUMBER:CHECKED BY:DATE:SCALE:DRAWN BY:I HEREBY CERTIFY THAT THIS SURVEY, PLAN, OR REPORT WAS PREPARED BYME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSEDLAND SURVEYOR UNDER THE LAWS OF THE STATE OFDATE:LIC. NO.DATEAMENDMENTSPREPARED FOR:BYHUNTER SMITHMINNESOTAKelly L. Jordan09/08/202342648JULY 2023AS SHOWNJASKLJ2023-110230SCALE ( IN FEET )2040NORTH © 2023 WIDSETH SMITH NOLTING & ASSOCIATES, INC.PROPERTY DESCRIPTION: (per Warranty Deed Doc. No. 1274936)Lots Seven (7), Eight (8), Nine (9), Ten (10), Twenty-two (22), Twenty-three (23) and Twenty-four (24), BlockSeven (7), of Shadyside N0. 4, as surveyed and platted and now on file and of record in the office of the Registrar ofTitles, Washington County, Minnesota.LEGEND DENOTES FOUND 1/2" PINCHED TOPUNLESS NOTED OTHERWISE IN THEDRAWINGSURVEY NOTES:1. Orientation of this bearing system is based on the Washington County Coordinate System NAD83 (1996 adj.)2. Site BM: Top nut of Fire Hydrant -Elev: 924.973. Property Address: 12033 Everton Ave N. Hugo, Minnesota, 55038 PID: 31.031.21.43.00294. Total Acreage: 37,493 Sq. Ft. or 0.86 Acres.5. The property is zoned as (R-1) Large Lot Single Family Residential (with shoreland per City of Hugo ZoningMap) Bald Eagle Lake to the West.Building Setbacks (per City of Hugo Zoning Ordinance) Front Yard: = 30 feet Side Yard: = 10 feet Rear Yard: = 30 feet6. EVERTON AVENUE as traveled across the subject property does not follow the original platted right-of-way.The right-of-way as shown on drawing is based on width being 10 feet offset from the edge of bituminous.The City of Hugo is claiming a prescriptive easement over, under, and across this corridor. Any questionsregarding the right-of-way we recommend consulting with the public works department of the City for moredetails.7. This survey was done without the benefit of a title commitment.OHEFENCE POSTOVERHEAD ELECTRICTREE LINERIGHT-OF-WAY LINEBUILDING SETBACK LINEBUILDING WALL HATCHBITUMINOUS SURFACECONCRETE SURFACEEXISTING IMPERVIOUS CALCULATIONS (FROM OHW)AREA ABOVE OHW: 37,493CONCRETE:641 SQ. FT.CONCRETE PAD 1: 117 SQ. FT.HOUSE AREA:2,356 SQ. FT.SHED AREA:197 SQ. FT.BITUMINOUS:4,013 SQ. FT.TOTAL IMPERVIOUS:7,324 SQ. FT.PERCENT IMPERVIOUS:19.5%ACSTWHYDE AC UNITTREE DECIDUOUSTREE CONIFERSTORM MANHOLEWATER VALVEWATER HYDRANTSANITARY CLEANOUTELECTRIC METERGGAS METERSIGN POST SINGLEELEC POLECHAIN LINK FENCEOFFSET HUBDENOTES PROPOSED CONTOUR(943)PROPOSED IMPERVIOUS CALCULATIONS (FROM OHW)AREA ABOVE OHW: 37,493CONCRETE:641 SQ. FT.CONCRETE PAD 1: 117 SQ. FT. (TO BE REMOVED)HOUSE AREA:2,356 SQ. FT.SHED AREA:197 SQ. FT.BITUMINOUS:4,013 SQ. FT.PROPOSED GARAGE: 1,200 SQ. FT.PROPOSED DRIVEWAY: 956 SQ. FT.TOTAL IMPERVIOUS:9,508 SQ. FT.PERCENT IMPERVIOUS:25.0%DENOTES SET 1/2" IRON PIPE WITH CAPNUMBER 42648Existing shed to be relocatedConcrete slab to be removedExisting fence to be relocatedProposed building receiving variance request RESOLUTION 2023- CITY OF HUGO ADOPTION OF THE WASHINGTON COUNTY ALL-HAZARD MITIGATION PLAN WHEREAS, the City of Hugo has participated in the hazard mitigation planning process as established under the Disaster Mitigation Act of 2000; and WHEREAS, the Act establishes a framework for the development of a multi- jurisdictional County Hazard Mitigation Plan; and WHEREAS, the Act as part of the planning process requires public involvement and local coordination among neighboring local units of government and businesses; and WHEREAS, the Washington County Plan includes a risk assessment including past hazards, hazards that threaten the County, an estimate of structures at risk, a general description of land uses and development trends; and WHEREAS, the Washington County Plan includes a mitigation strategy including goals and objectives and an action plan identifying specific mitigation projects and costs; and WHEREAS, the Washington County Plan includes a maintenance or implementation process including plan updates, integration of the plan into other planning documents and how Washington County will maintain public participation and coordination; and WHEREAS, the Plan has been shared with the Minnesota Division of Homeland Security and Emergency Management and the Federal Emergency Management Agency for review and comment; and WHEREAS, the Washington County All-Hazard Mitigation Plan will make the county and participating jurisdictions eligible to receive FEMA hazard mitigation assistance grants; and WHEREAS, this is a multi-jurisdictional Plan and cities that participated in the planning process may choose to also adopt the County Plan. NOW THEREFORE BE IT RESOLVED that the City of Hugo supports the hazard mitigation planning effort and wishes to adopt the Washington County All-Hazard Mitigation Plan. This Resolution was declared duly passed and adopted and was signed by the Mayor and attested to by the City Clerk this 6th day of November, 2023. _________________________________ Tom Weidt, Mayor Attest: ________________________________ Michele Lindau, City Clerk 111/2/2023 1:45 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa123456789101112 13 14 15 16 17 1819 20 21 22 23 24 2526 27 28 29 30November 2023Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031December 2023November 2023Oct 293031Nov 12345678910117:00pm City Council6:30pm BOZA-CANCELLED7:00pm Planning Comm-CANCELLED121314151617184:30pm Glacial Hill Meeting (Oneka Room)7:00pm Parks Comm192021222324257:00pm City Council5:30pm EDA6:30pm Hist CommThanksgiving Holiday6:30pm BOZA-CANCELLED7:00pm Planning Comm-CANCELLED2627282930Dec 12SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 211/2/2023 1:45 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031December 2023Su Mo Tu We Th Fr Sa1234567 8 9 10 11 12 1314 15 16 17 18 19 2021 22 23 24 25 26 2728 29 30 31January 2024December 2023Nov 2627282930Dec 1234567897:00pm City Council5:00pm Santa Party (PPP) 5:30pm Holiday Party (PPP) 101112131415166:30pm BOZA7:00pm Planning Comm171819202122237:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm242526272829306:30pm BOZA7:00pm Planning Comm31Jan 1, 2423456SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY