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HomeMy WebLinkAbout2024.02.05 CC Packet A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES 1. January 8, 2024, Council Meeting 2. January 22, 2024, Council Goal Setting Session E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Parks Annual Report – Parks Planner Shayla Denaway 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 Finance and Public Works Administrative Assistant Jennifer Compton 3. Approve Tom Kaspszak as New Fire Department Chief Engineer 4. Approve Advertisement for Public Works Summer Seasonal Workers 5. Approve Advertisement for Administrative Intern 6. Approve Donation from the Hugo American Legion to the Hugo Fire Department 7. Approve Special Event Permit for Beatercross Snowmobile Race on Saturday, March 16, 2024 8. Approve Resolution Appointing Election Judges for the Presidential Primary Election on March 5, 2024 9. Approve Agreement with Northeast Youth and Family Services 10. Approve Pay Request No. 5 to Arnt Construction for 159th/TH61 Roundabout 11. Approve Pay Request No. 2 to CW Houle for Lift Station 12 12. Approve Pay Request No. 3 to Miller Excavating for the 140th St. Extension Project 13. Approve Final Plat and Development Agreement for 1st and 2nd Addition of Watercrest of Hugo (Formerly Goodview Estates) 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, February 5, 2024 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. Approve 2024 City Council Focus Goals and Ongoing Priorities 2. Update on Bernin Property and Approval of Application for DNR Recreational Grant J. NEW BUSINESS 1. Nothing Scheduled K. VISITOR PRESENTATIONS 1. Nothing Scheduled L. COUNCIL PRESENTATIONS 1. Nothing Scheduled M. ADMINISTRATIVE PRESENTATIONS 1. Schedule Mayor’s State of the City Address at the HBA Breakfast on Tuesday, February 13, 2024 2. Reminder- Fire Department Annual Banquet on Saturday, February 17, 2024 3. Cancel Regular City Council Meeting Due to Presidents’ Day on February 19, 2024 4. Schedule Open House for 125th Street and Dellwood Ridge Improvements on Wednesday, February 21, 2024 N. ADJOURNMENT BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON FEBRUARY 5, 2024 D.1 Minutes for the January 8, 2024, Council Meeting D.2 Minutes for the January 22, 2024, Council Goal Setting Session Staff recommends Council approve the above minutes as presented. F.1 Parks Annual Report Parks Planner Shayla Denaway will present the 2023 Parks Commission Annual Report. G. 1 Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Finance and Public Works Administrative Assistant Jennifer Compton At its February 7, 2022, meeting, Council approved the hiring of Jennifer Compton as the Finance and Public Works Administrative Assistant. Public Works Director Scott Anderson recommends Council approve the annual performance review for Finance and Public Works Administrative Assistant Jennifer Compton. G.3 Approve Tom Kaspszak as New Fire Department Chief Engineer On Wednesday, January 24, 2024, Fire Chief Jim Compton, Jr. and Deputy Chief David Jensen conducted interviews for the open Chief Engineer position with the Fire Department. After interviewing potential candidates, Tom Kaspszak is being recommended to fill the position. Tom has been with the fire department since December of 2014 and an Engineer with the department since June of 2017. Staff recommends Council approve Tom Kaspszak as the new Chief Engineer with a start date of February 1, 2024. G.4 Approve Advertisement for Public Works Summer Seasonal Workers Staff is requesting authorization to advertise and hire a total of seven seasonal employees for the Public Works Department. In the 2024 General Fund Budget, Council approved the seasonal positions. Seasonal Public Works Employees assist with mowing, garbage/litter removal, park maintenance, boulevard and general Public Works maintenance. A starting hourly wage of $18.00/hour was budgeted in the 2024 General Fund Budget for these positions. These positions will not exceed 40 hours per week. Staff recommends City Council approval to advertise for Public Works Summer Seasonal workers. G.5 Approve Advertisement for Administrative Intern Included in the 2024 Budget is a position for an Administrative Intern. The person in this position will help with miscellaneous administrative projects and assist the City Clerk in the 2024 elections. Staff recommends Council approve the advertisement for an Administrative Intern. G.6 Approve Donation from the Hugo American Legion to the Hugo Fire Department The Hugo American Legion would like to donate $1,000 to the Hugo Fire Department for equipment. All donations to the Fire Department must be approved by the Council. Staff recommends Council approve the $1,000 donation from the Hugo American Legion to the Hugo Fire Department. G.7 Approve Special Event Permit for Beatercross Snowmobile Race on Saturday, March 16, 2024 The Hugo Knight Riders Snowmobile Club has applied for a Special Event Permit to hold Beatercross on the Whitaker property located at 7195 137th street. Beater Cross is a backyard snow-cross style vintage snowmobile race for sleds 2003 and older. This would be the second time the event is held under a Special Event Permit. The event would take place on Saturday, March 16, from 10 a.m. to 4 p.m. Entry fee would be $10, and all proceeds would go to the Hugo Knight Riders Snowmobile Club. Their application includes their plans for trash disposal, porta potties, insurance, EMT/EMS services, ticket taking, food and alcohol, small portable tents, and signage. Parking for 350-400 cars is available on the Whitaker property. This event requires a Special Event Permit approved by Council because there will be alcohol, likely over 200 people in attendance, and amplified sound for snowmobile race related announcements. In the absence of snow, the event will be cancelled. Staff recommends Council approve the Special Event Permit for Beatercross as described in the application materials and conditions in the permit memo. G.8 Approve Resolution Appointing Election Judges for the Presidential Primary Election on March 5, 2024 In 2024, there will be three elections held in the City of Hugo beginning with the Presidential Primary Election on March 5, 2024. Voter turnout is expected to be low but a minimum of four judges are required for each of the six precincts in Hugo. Staff has prepared a resolution appointing judges to work the March 5th election. The Primary Election in August and the General Election in November will require a great number of judges. Staff recommends Council approve the resolution appointing election judges for the Presidential Primary Election to be held on March 5, 2024. G.9 Approve Agreement with Northeast Youth and Family Services Over the past several years, the City has entered into an agreement with Northeast Youth and Family Services to support programs for Hugo families related to counseling, intervention, and enrichment. Through this agreement, the City sponsors NYFS by providing financial support. In the 2024 budget, Council approved $ 17,073 in funding for their youth diversion services. Staff recommends Council approve the agreement with Northeast Youth and Family Services. G.10 Approve Pay Request No. 5 to Arnt Construction for 159th/TH61 Roundabout Arnt Construction Company has submitted Pay Request No. 5 in the amount of $152,648.03 for work certified through December 31, 2023, on the TH61/159th Street Roundabout Improvement Project. The temporary lighting at the roundabout has been removed and the new permanent lighting has been installed on the project and punch-list items will be completed in the spring. Staff recommends Council approve payment to Arnt Construction Company in the amount of $152,648.03. G.11 Approve Pay Request No. 2 to CW Houle for Lift Station 12 C.W. Houle, Inc. has submitted Pay Request No. 2 in the amount of $157,729.54 for work certified through December 31, 2023, on the Lift Station No. 12 Project. All underground work is now completed on the project. Staff recommends Council approve payment to C.W. Houle, Inc. in the amount of $157,729.54. G.12 Approve Pay Request No. 3 to Miller Excavating, Inc. for the 140th St. Extension Project Miller Excavating, Inc. has submitted Pay Request No. 3 in the amount of $18,959.26 for work certified through December 31st, on the 140th Street Extension Project. The punch-list has been completed and this is the final pay application for the project. Staff recommends Council approve payment to Miller Excavating, Inc. in the amount of $18,959.26 and formally accept the project. G.13 Approve Final Plat and Development Agreement for 1st and 2nd Addition of Watercrest of Hugo (Formerly Goodview Estates) Artemis Development Company, LLC., has requested approval of two final plats and development agreements for property located west of Goodview Avenue and south of Egg Lake Road (CSAH 8). The first phase is Watercrest of Hugo that will plat 30 single family lots and the second phase is Watercrest of Hugo 2nd Addition that will plat 29 single family lots. The City Council approved the preliminary plat formerly known as Goodview Estates at its August 1, 2022, meeting. The lots meet the minimum lot standards and requirements outlined in the regulations for the Single Family Detached Residential (R-3) zoning district. The final plats will have the new name Watercrest of Hugo. Staff recommends Council approve the resolutions approving the final plat and development agreement for Watercrest of Hugo and Watercrest of Hugo 2nd Addition, subject to review and approval by the City Attorney. I.1 Approve 2024 City Council Focus Goals and Ongoing Priorities The Council held their annual Goal Setting Workshop on Monday, January 22, 2024. Council reviewed goals that were drafted by staff that included input from City staff and all commissions. City Administrator Bryan Bear will provide a recap of the meeting and request Council formally approve the 2024 City Focus Goals and Ongoing Priorities. I.2 Update on Bernin Property and Approval of Application for DNR Recreational Grant The Bernin Park Master Plan was approved by the City Council at the August 21, 2023, meeting. At the same meeting, a proposal from WSB was approved to draft construction plans for the park. The plans are in progress. Construction of park amenities at Bernin Park including a parking lot, combination of gravel and paved trails, fishing pier, benches, and lake overlooks would qualify for the MN DNR Outdoor Recreation Grant Program. The grant pre-application is due February 29, 2024. The grant requires a 50% match and the maximum award is $350,000. Staff is recommending approval of a resolution in support of application to the Minnesota Department of Natural Resources Outdoor Recreation Grant Program.   M.1 Schedule Mayor’s State of the City Address at the HBA Breakfast on Tuesday, February 13, 2024 The Hugo Area Business Association will hold a business breakfast on Tuesday, February 13, 2024, at the Blue Heron Grill from 7:30 -9 a.m. Mayor Weidt will present the State of the City Address. Staff recommends Council schedule this as a meeting to attend. M.2 Reminder- Fire Department Annual Banquet on Saturday, February 17, 2024 Council has scheduled a meeting to attend the Fire Department Annual Banquet pm Saturday, February 17, 2024, at 5 p.m. at the Hugo American Legion. M.3 Cancel Regular City Council Meeting Due to Presidents’ Day on February 19, 2024 The second regular Hugo City Council meeting is scheduled for February 19, 2024. This is the same day as the Presidents’ Day Holiday. Staff recommends Council cancel their regular meeting on February 19, 2024, due to the Presidents’ Day Holiday. M.4 Schedule Open House for 125th Street and Dellwood Ridge Improvements on Wednesday, February 21, 2024 Staff has scheduled an open house on Wednesday, February 21, 2024, from 6-7 in the Oneka Room to present the plans for the 125th Street and Dellwood Ridge Street Improvement Project. Staff recommends Council schedule a meeting to attend the Open House on Wednesday, February 21, 2024. N. Adjournment MINUTES City Council Meeting City Hall Council Chambers Monday, January 8, 2024 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, Strub, Weidt COUNCIL ABSENT: None OTHERS PRESENT: City Administrator Bryan Bear, City Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele Lindau Approval of Minutes for the December 14, 2023, Meeting on Met Council Governance Klein made motion, Petryk seconded, to approve the minutes for the meeting on the governance of the Metropolitan Council held on December 14, 2023, as presented. All Ayes. Motion carried. Approval of Minutes for the December 18, 2024, City Council Meeting Strub made motion, Miron seconded, to approve the minutes for the City Council meeting held on December 18, 2024, as presented. All Ayes. Motion carried. Approval of Agenda Weidt made motion, Klein seconded, to approve the agenda as amended by adding approval of the purchase of a brush unit for the Hugo Fire Department’s brush truck. All Ayes. Motion carried. Northeast Youth & Family Services – President & CEO Angela Lewis-Dmello Angela Lewis-Dmello was in attendance to provide the annual report on the Northeast Youth and Family Services. Administrator Bryan Bear explained they were one of two organizations that provide mental health services to Hugo residents, and Council allocates funding in the budget to support these programs. Angela explained she started working with the NYFS in June 2022. She said NYFS had been around since 1976 when two school districts and ten municipalities came together. They have continued to grow and expand services. They now work with 16 municipalities, five law Council Meeting Minutes for January 8, 2024 Page 2 of 7 enforcement agencies, and four school districts. They own a building in Shoreview and rent space in White Bear Lake. Approximately 80 percent of their clients are youth and their families, but they do serve people of all ages. NYFS is run by a board of 18 members largely comprised of City Council members. Angela talked about their mission, vision, and values. Their strategic plan launched in 2023 focused on early prevention. In the past year, they served 603 clients with a total of 11,630 appointments. The top three diagnoses were anxiety, depression, and post-traumatic stress disorders. Revenues come from municipal contracts, rental income, grants, contributions, investments, and the largest portion from program service fees. The largest expense is for mental health services. She provided details on their mental health programs and community service programs. The past year was spent on stabilizing, refreshing, and growing. In the next 12 months they plan on expanding their team, developing additional group therapy services, and launching domestic and sexual violence programs. Approval of Consent Agenda Petryk made motion, Klein seconded, to approve the following Consent Agenda: All Ayes. Motion carried. 1. Approve Claims Roster 2. Approve Hiring of Jennifer Taylor as Accounting Clerk 3. Approve Appointment of Mike Miron as Acting Mayor 4. Approve Appointment of WSB and Associates as City Engineer 5. Approve Appointment of Landform as City Planner 6. Approve Appointment of Johnson & Turner as City Attorney 7. Approve Appointment of Baker Tilly as Financial Advisor 8. Approve Appointment of US Bank as Depository for City Funds 9. Approve Appointment of The Citizen as Official Newspaper 10. Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2023 11. Approve Appointments to Hugo Firefighter Relief Association 12. Approve Appointment of Bronwen Kleissler as Chair and Matthew Derr as Vice-Chair of the Planning Commission 13. Approve Appointment of Meredith St. Pierre as Chair and Cathy Moore-Arcand as Vice- Chair of the Parks Commission 14. Approve Appointment of Brad LeTourneau as Chair of Historical Commission 15. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA 16. Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and Resident Scott Arcand to the Board of Zoning Appeals and Adjustments 17. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments 18. Approve Donation to the Hugo Fire Department from the Hugo American Legion 19. Approve Lawful Gambling Permit for Raffle at St. Genevieve Fish Fry on March 22, 2024 20. Approve Variance and Minor Subdivision for Larry and Luanne Hanson – 14565 Irish Council Meeting Minutes for January 8, 2024 Page 3 of 7 Avenue North 21. Approve Purchase of Brush Unit for the Hugo Fire Department Brush Truck All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Hiring of Jennifer Taylor as Accounting Clerk At the November 20, 2023, City Council Meeting, Council approved the advertisement for a new Accounting Clerk. Staff recently held interviews to fill the position that became vacant in November, 2023. Staff recommended the hiring of Jennifer Taylor with a starting pay at Pay Grade 4. Adoption of the Consent Agenda approved the hiring of Jennifer Taylor as the new Accounting Clerk starting on Monday, January 29, 2024. Approve Appointment of Mike Miron as Acting Mayor Each year, the Council appoints a member of the Council for the position of Acting Mayor Adoption of the Consent Agenda approved the appointment of Council Member Mike Miron as Acting Mayor for the year 2024. Approve Appointment of WSB and Associates as City Engineer WSB Engineers had been the City Engineer for the past 20 years. Adoption of the Consent Agenda approved the appointment of WSB Engineers and Mark Erichson as the City Engineer for 2024. Approve Appointment of Landform as City Planner Kendra Lindahl from Landform had worked over the past 21 years as the City Planner. Adoption of the Consent Agenda approved the appointment of Kendra Lindahl as the City Planner/Planning Consultant for the year 2024.     Approve Appointment of Johnson & Turner as City Attorney City Attorney Dave Snyder had served the City with the law firm of Johnson & Turner for more than eight years. Adoption of the Consent Agenda approved the appointment of David K. Snyder and the Johnson & Turner Law Firm as the City Attorney for the year 2024. Approve Appointment of Baker Tilly as Financial Advisor Financial Advisors Chris Hogan, Mikaela Huot and the other members of the Baker Tilly Virchow Krause, LLP team had served the City over the years on a wide variety of projects. Adoption of the Consent Agenda approved Baker Tilly Virchow Krause, LLP, as the City’s financial advisors for the year 2024 Council Meeting Minutes for January 8, 2024 Page 4 of 7 Approve Appointment of US Bank as Depository for City Funds Each year, Council selects a depository/bank for the deposit of City funds. For many years, Council had selected the local Hugo branch of US Bank. Adoption of the Consent Agenda approved U.S. Bank-Hugo as the official depository for City funds for 2024. Approve Appointment of The Citizen as Official Newspaper Each year, Council selects a newspaper as the official publication for all public notices and publishing of ordinances. For the past 15 years, the City Council appointed The Citizen as the City’s new official newspaper. Adoption of the Consent Agenda approved The Citizen as the City’s official newspaper for 2024. Approve Animal Control Service Contracts with Companion Animal Control and Otter Lake Animal Hospital for 2023 Since July 2013, Companion Animal Control and Otter Lake Animal Hospital had been providing animal control services to the City. Adoption of the Consent Agenda approved continuation of the current contracts with Companion Animal Control and Otter Lake Animal Hospital for 2024. Approve Appointments to Hugo Firefighter Relief Association Minnesota State Statute requires the official appointment of the ex-officio members of the Hugo Fire Department Relief Association Board. Council needed to appoint two elected or appointed members. Adoption of the Consent Agenda approved the appointment of Mayor Tom Weidt and Finance Director Anna Wobse as ex-officio members of the Hugo Fire Department Relief Association Board. Approve Appointment of Bronwen Kleissler as Chair and Matthew Derr as Vice-Chair of the Planning Commission Annually, Council appointed a member of the Planning Commission to serve as Chair of the Commission. Bronwen Kleissler had been serving as the Chair of the Planning Commission since August, 2015, and Matt Derr was appointed as Vice-Chair in March, 2022. Adoption of the Consent Agenda approved the reappointment of Bronwen Kleissler as the Chair and Matthew Derr as Vice-Chair of the Planning Commission for 2024. Approve Appointment of Meredith St. Pierre as Chair and Cathy Moore-Arcand as Vice- Chair of the Parks Commission Annually, the City Council appointed members of the Parks Commission to serve as chair and vice-chair. Meredith St. Pierre was appointed as the Chair of the Parks Commission in September 2022. Cathy Moore-Arcand had served as Vice-Chair since January 2017. Adoption of the Consent Agenda approved the reappointment of Meredith St. Pierre as Chair and Cathy Moore-Arcand as Vice-Chair for the Parks and Recreation Commission for 2024. Council Meeting Minutes for January 8, 2024 Page 5 of 7 Approve Appointment of Brad Letourneau as Chair of Historical Commission Annually, the City Council appointed a member of the Historical Commission to serve as the Chair of the Commission. Brad Letourneau had served as the Chair of the Commission since September, 2023. Adoption of the Consent Agenda approved the reappointment of Brad as the Chair of the Historical Commission for 2024. Approve Appointment of Tom Weidt and Phil Klein as Council Representatives on the EDA Annually, Council appointed two representatives from the Hugo City Council to serve on the Economic Development Authority (EDA). Adoption of the Consent Agenda approved the reappointment of Mayor Weidt and Council Member Klein to serve as the Council Representatives on the EDA for 2024. Approve Appointment of Mayor Tom Weidt, Planning Commissioner Cindy Petty, and Resident Scott Arcand to the Board of Zoning Appeals and Adjustments Annually, the Hugo City Council appointed a member of the Planning Commission, City Council, and a resident to serve on the Board of Zoning Appeals and Adjustments. Adoption of the Consent Agenda approved the reappointment of Tom Weidt as the City Council representative, and Cindy Petty as the Planning Commission representative, and Scott Arcand as the resident representative on the Board of Zoning Appeals and Adjustments for one-year terms. Approve Appointment of Tom Weidt as Chair of the Board of Zoning Adjustments Annually, Council approved appointment of Chair of the Board of Zoning Appeals and Adjustments. Adoption of the Consent Agenda approved the reappointment of Board Member Tom Weidt as Chair of the Board of Zoning Appeals and Adjustments for 2024. Approve Donation to the Hugo Fire Department from the Hugo American Legion The Hugo American Legion requested to donate $1,000 to the Hugo Fire Department from pull-tab proceeds for equipment and training. All donations to the Fire Department needed to be approved by the Council. Adoption of the Consent Agenda approved the donation of $1,000 to the Hugo Fire Department. Approve Lawful Gambling Permit for Raffle at St. Genevieve Fish Fry on March 22, 2024 The Church of St. Genevieve’s had applied for a Lawful Gambling Permit to hold a 50/50 raffle during their Fish Fry on March 31, 2023. Earnings would be split with 50% of the raffle proceeds split among individual winners and 50% between the Hugo and Centennial Food Shelves. Adoption of the Consent Agenda approved the Lawful Gambling Permit for the Church of St. Genevieve’s Fish Fry for a raffle on March 22, 2024.  Council Meeting Minutes for January 8, 2024 Page 6 of 7 Approve Variance and Minor Subdivision for Larry and Luanne Hanson – 14565 Irish Avenue North   Larry and Louann Hanson had applied for a minor subdivision to create two lots out of a 20-acre parcel into two parcels, each 10 acres in size. The applicants also applied for a variance from the minimum lot width requirement to have the created lot to the south be 226 feet wide, where a lot width of 300 feet was required by ordinance. At its December 14, 2023, meeting the Planning Commission held a public hearing and agreed the requests met the requirements necessary to approve the minor subdivision and variance and unanimously recommends Council approve the resolutions approving the variance and minor subdivision. Adoption of the Consent Agenda approved RESOLUTION 2024-1 APPROVING A VARIANCE FROM THE MINIMUM LOT WIDTH REQUIREMENT FOR PROPERTY LOCATED AT 14565 IRISH AVENUE NORTH, and RESOLUTION 2024-02 APPROVING A MINOR SUBDIVISION FOR LARRY AND LOUANN HANSON FOR PROPERTY LOCATED AT 14565 IRISH AVENUE NORTH. Approve Purchase of Brush Unit for the Hugo Fire Department Brush Truck Staff added this item to the Consent Agenda for approval. At its November 7, 2022, meeting, Council approved the purchase of a new brush truck. With over a year delay, the 2024 F350 was recently delivered to the Hugo Fire Department. Included in the City of Hugo’s CIP was a budget to make this F350 operational as a brush fire truck, which included a 200-gallon skid unit. Adoption of the Consent Agenda approved the purchase of a K3 UHP 200 gallon skid unit from Great Plain’s Fire in the amount of $39,236.00. Discussion on 2024 Road Project (125th Street and Dellwood Ridge) At the December 18, 2023, meeting, Council had discussed the 2024 road project which included a portion of 125th Street and the streets in Dellwood Ridge. Specifically discussed was the proposed road width and curb type in Dellwood Ridge. City Engineer Mark Erichson provided background saying there had been questions and concerns regarding street and curb type. Staff had received feedback from a neighbor representative who had spoken to residents of the neighborhood and reported they were comfortable with 28’ width street and surmountable curb. Weidt said he also spoke to some of the residents, and he felt they were in a position to move forward. Weidt made motion, Miron seconded, to direct staff to move forward with design and preparations for the project with a 28’ wide road and surmountable curb. All Ayes. Motion carried. Council Goal Setting Session on Monday, January 22, 2024 (Time change) Council had scheduled their Annual Goal Setting Session for Monday, January 22, 2024, at 5 p.m. in the Council Chambers. Due to time conflicts, staff recommended changing the time from 5 p.m. to 6 p.m. Council Meeting Minutes for January 8, 2024 Page 7 of 7 Weidt made motion, Strub seconded, to change the Goal Setting Session time to 6 p.m. All Ayes. Motion carried. Adjournment Strub made motion, Klein seconded, to adjourn at 7:28 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau, City Clerk MINUTES City Council Goal Setting Workshop City Hall Council Chambers Monday, January 22, 2024 5:00 p.m. Mayor Weidt called the meeting to order at 6:00 p.m. COUNCIL PRESENT: Klein, Miron, Strub, Weidt COUNCIL ABSENT: Petryk STAFF PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, Community Development Director Rachel Juba, Fire Chief Jim Compton, City Clerk Michele Lindau, 2023 Goals Summary City Administrator Bryan Bear reviewed some of the 2023 Goals saying there were three big topics: Public Works reorganization and hiring of new staff, hiring of new Fire Chief, and White Bear Lake water issues. An administrative law judge will likely rule at the end of April, and pending the outcome, there could be appeals and the need for the City to make some decisions depending on the action. Presentation of 2024 Draft Goals Bear provided a draft of 2024 goals prepared by staff with the input of all commissions. Some attention will be focused on infrastructure and rating City streets in the spring, which may result in changes in the City’s Capital Improvement Plan. There also had been a lot of talk in the past year about 165th Street. The Parks Commission’s main focus would be on trails and addressing the community’s desire for more trail connections. A rating system for trails will also be done. Another focus of staff will be better engagement with parks programing. A local affordable housing aid state program will provide direct funding, and the City will need to create a program to spend the money. The new Cannabis law will require new zoning rules, and there will likely be a workshop on that. Cannabis will legally be sold by January 2025. A workshop will need to be held on urban and rural tax rates, and there was also a need to talk about updating the City’s fiscal policies. City facilities also need to be evaluated. Bear said there were no substantial improvements on the radar right now, but there was a need to plan ahead and identify funding. There were questions on the Bernin property and where the City was in the planning process. Bear replied that construction plans were being created, and the City will be applying for an outdoor recreation grant from the DNR. Improvements may be made in 2025. A lot of the work could be done by the Public Works staff, and some funding may come from the Park CIP. The was a discussion on whether any technology and building upgrades were anticipated. Bear talked about touch pads that were added for door access and security cameras that were now in place. Utilities are managed with SCADA software, and the City gets those updates. The Public Works Mechanic was working on a parts inventory and management system. Scanning of Planning and Building Department documents still needed to be done. Community Development Director Rachel Juba added that most documents were now coming in electronically. The upgraded website would be ready by the end of March. Mayor Weidt said he wanted the music Council Meeting Minutes for January 8, 2024 Page 2 of 2 playing on the cable station changed. Bear talked about the City Hall building saying it currently served the City’s needs, so there was no compelling need to spend money. The carpets were recently cleaned, and their condition will need to be reevaluated. There was some discussion on housing prices. Bear said valuation notices should be received in the next few months, and it was expected things would remain pretty flat. There was a question on the wetland banking project, and Bear explained it was still moving forward, but those projects take a while to complete. Fire Chief Compton was in attendance and said several firefighters were working from the fire station, which makes them available for daytime fire calls. Some updates to the facility may be necessary in the future. Bear talked about the new deputy added to the Sheriff’s Department and encouraged Council to schedule a ride-along with any of the deputies. There was a question about the Citizens Academy that the Mayor once attended, and Bear said staff will check into whether the County was still doing that. Bear talked about an upcoming transportation forum and the County’s request for participation. City Engineer Mark Erichson and Community Development Rachel Juba had attended an information session on it, and Juba explained the County was creating a long-range transportation plan that would fall between the County’s Comprehensive Plan and their CIP. They were looking for cities from the district to be part of the planning. She said she could provide talking points if there was anyone from the Council that wanted to go. Members from City staff planned to attend. There was no further discussion, and Council directed staff to place the goals on the next Council meeting agenda for approval as drafted. Adjournment Klein made motion, Weidt seconded, to adjourn at 6:40 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk PARKS REPORT Commissioners: Meredith St. Pierre, Chair Cathy Moore-Arcand, Vice Chair Mat Rauschendorfer Ranell Tennyson Emily McGinnity Valerie Boyd Jim Compton, Sr., Alternate North Star Property and Wetland Bank Plans (above) City Seeks Approval of First Wetland Bank The approval process for the North Star Wetland Bank started in 2022 with vegetation and hydrology monitoring. The project includes restoring wetlands and improving vegetation on properties located west of North Star Elementary School that are owned by ISD 624 and the City. Draft Prospectus Comments Received At the Council meeting of February 6, 2023, the Council approved a proposal from WSB to prepare the draft prospectus, which is a conceptual project plan to be reviewed by the approving organizations (TEP) for preliminary feedback. The Council inquired about White Bear Lake School District support. Staff presented the project to the school board on February 25 and received informal support. The TEP provided input on the draft prospectus and asked for additional monitoring. A scope from WSB for monitoring work in 2023 was approved by the Council May 15. Prospectus Modeling Started A scope totaling $55,026 from WSB was approved on June 12 which included a topo- graphic survey, CAD plans, hydro analysis, a level 2 wetland delineation, and project management. The prospectus application is likely to be reviewed in early 2024. ANNUAL REPORT OF THE PARKS, RECREATION, AND OPEN SPACE COMMISSION 2023 Glacial Hills Regional Trail Master Planning Washington County anticipated master planning the Glacial Hills Regional Trail in 2023-2024. The Glacial Hills Regional Trail has been identified along the CR 4 corridor in County and City plans. The Master Plan process includes gathering extensive public input on the trail. Hugo is a part of the Technical Advisory Com- mittee. A community meeting was held on November 15 to gather public input on poten- tial trail routes. The meeting was well attended and the equestrian community was well represented. Hugo property owners were not directly notified or well represented. Engagement has also included an online survey that received a significant amount of comments. Next steps will include evaluating the potential corridors, and selecting the pre- ferred route. It will also include planning access points and amenities, which will be achieved with additional public input. Bernin Park Master Planning At the end of 2022, the City purchased property at 15320 Greene Avenue from the Bernin family. The family also ended their lease with the City for the 24 acres which had been occupied by Bruce and Ginny Bernin. When the City purchased the property in 2005, the Bernins continued to be stewards of the property and anticipated it becoming a passive park in the future. Council approved a proposal from WSB to update the graphics of the 2004 Master Plan on March 20. On June 27, a neighborhood meeting was held which was well attended. The neighborhood was familiar with the property and the legacy of the Bernins. Minor changes in trail location were discussed. General questions about activities allowed at a passive park were addressed. The master plan was approved by the Parks Commission on August 16 and the Council on August 21. At these meet- ings, a proposal for construction documents was also approved which are being drafted. Bald Eagle Property The City of Hugo owns property off of Everton Avenue and 121st Street. It provides walking access to Bald Ea- gle Lake. On site parking is not pos- sible due to the limited size and slope of the property. The hillside eroded and the City receives complaints from neighborhood property owners who wish to walk down to the lake. In 2018, a partnership with Rice Creek Watershed District was pur- sued to improve the surface and pre- vent erosion, but RCWD did not see a water quality benefit and did not wish to partner. The property has contin- ued to degrade since then. This fall, the Public Works graded the property and placed gravel on the surface. The improved access has been well received by the neighbor- hood. Surveying Trail Corridors Before After Welcome New Members At the start of 2023, the Parks Commission wel- comed Valerie Boyd and Jim Compton Sr. (Alternate). Award of Excellence At the Council meeting of August 6, the City was presented with an Award of Excellence by the Min- nesota Recreation and Parks Association for Lions Volunteer Park and the Peder Pedersen Pavilion. Trail on CR 8 Constructed At the August 16 meeting, the Commission ap- proved reimbursing the developer of Rice Lake Reserve for constructing a new trail on CR 8. The extension connects the new residential develop- ment with Hanifl Fields Athletic Park with an off- road 8’ wide paved trail. New Trail on CR 8 to Hanifl Fields Athletic Park Facility Rental Program In 2023, the City launched online room rentals. With the opening of the Peder Pedersen Pavilion, additional spaces were now available for the community to rent and an improved process was needed. CivicRec was selected as a program to provide online room scheduling. The policy and fees were also updated. Policy changes included requiring a deposit and insurance with rentals that plan to have alcohol. A no-show policy was added. Non-profit requirements were clari- fied and non-profits are allowed to use the Rice Lake Centre for free. In general, priority is given to residents through larger booking windows and significantly cheaper rental fees. In 2023, the Pedersen Pavilion saw 500+ rentals and brought in about $15,000 between January and June. This is approximately twice the revenue and number of rentals than the Rice Lake Centre, Oneka Room and Hanifl Shelter combined. Online rentals, as a city service, have been well received by customers with over half of bookings being made online without staff assistance. There continue to be technological upgrades and policy revisions to fine-tune the process for the public and make it easier for them to use Hugo’s community buildings. The exterior of the Hanifl Shelter was painted and stained. Before (left) After (right) Programs Sledding Party A Sledding Party was held at Oak Shore Park on Saturday, February 11 from 10:00 am to 12:00 pm. A bonfire, hot chocolate and cookies were provided. Outdoor Concert The City of Hugo partnered with Washington County Library to host a kid-friendly concert in Lions Volunteer Park. The Jolly Pops performed on Friday, August 11 from 3:00-5:00 pm. It was a very humid evening but the event was very well attended. Kidz ‘N Biz Staff served on the planning team assisting the Hugo Business As- sociation in hosting Kidz ‘N Biz on September 30, from 9:00 am to 12:00pm at Oneka Elementary. The Hugo EDA provided a $1,000 sponsorship to support the event. Santa Party On December 6, the Hugo holiday tree was lit by Mayor Tom Weidt and Peder Pedersen in Lions Volunteer Park. Santa visited between 5:00 pm and 7:00pm and attendees were treated to gift bags, cocoa from the Hugo Lions, and carols from Children’s Performing Arts. Donations were collected for the Hugo Good Neighbors Food Shelf. Over 100 kids participated. This was the third annual Santa Party and the second at the Peder Pedersen Pavilion. Jolly Pops Concert at Lions Volunteer Park Contact Us (651) 762-6300 Hugo City Hall 14669 Fitzgerald Avenue North Hugo, MN 55038 Staff Liaison: Shayla Denaway (651) 762-6342 Visit us on the web at www.ci.hugo.mn.us Santa watches CPA Carolers Mayor Tom Weidt and Peder Pedersen City of Hugo Claims February 5, 2024 G. 1 Vendor Invoice Amount Description Department Abdo Financial Solutions LLC 481569 1,700.00$ Accounting Assistance Finance Dept ACME Tools 12244292 849.00$ Shop Tools Public Works ACME Tools 12251280 352.97$ Shop Tools Public Works Allstream 20215407 93.49$ Fax Line Administration American Flagpole & Flag Co 186753 79.95$ U.S. Flags (CH) Gen Gov't Bldgs American Flagpole & Flag Co 186753 319.80$ U.S. Flags (PW) Public Works American Flagpole & Flag Co 186753 319.80$ U.S. Flags (FH) Fire Dept Aspen Mills 326630 53.70$ Name Tags Fire Dept Baker Tilly Municipal Advisors LLC BTMA23646 2,275.00$ Continuing Disclosure Services Finance Dept Batteries Plus Bulbs #031 P69418056 80.25$ Batteries - Meter Readers Water Utility Blake Drilling Company Inc INV23-176 62,971.00$ Dewatering - Lift Station No. 12 Sewer Construction Blake Drilling Company Inc INV23-176-2 17,231.45$ Grouting of Sump Casting - Lift Station No. 12 Sewer Construction Canteen Refreshment Services MSP88939 209.40$ Breakroom Supplies Gen Gov't Bldgs Canteen Refreshment Services MSP88940 296.58$ Breakroom Supplies Public Works Capital One Trade Credit 1653226466 2,949.99$ NorthStar Electric Pressure Washer Fire Dept Cargill Incorporated 2909028437 14,192.53$ Salt for Snow & Ice Control Street Dept Cargill Incorporated 2909034740 8,606.30$ Salt for Snow & Ice Control Street Dept Carroll Construction Supply LL071904 370.00$ Flooring Safety Materials (PW) Public Works Carroll Construction Supply LL071983 102.72$ Flooring Safety Materials (PW) Public Works Century College 1201148 450.00$ Fire Instructor I - J. Palmquist Fire Dept Century Link 651 429-3212 74.36$ Fire Station Phone Lines Fire Dept Cintas Corporation 5194316495 100.27$ First Aid Supplies Gen Gov't Bldgs Cintas Corporation 5194316495 241.81$ First Aid Supplies Public Works Comcast 1/12/2024 25.13$ Business Cable (thru February 21) Administration Companion Animal Control LLC December 608.38$ Callout Fees & Mileage Animal Control Cornerstone Occupational Health Spec. Klein(005 50.00$ Personnel Testing Street Dept Cornerstone Occupational Health Spec. (HUGO)0000 75.00$ Annual Personnel Testing Fee Various Eagle Engraving Inc 2023-9677 166.95$ Statues & Engraving Fire Dept Earl F. Andersen 0135203-IN 396.45$ Flashers for Barricades Street Dept Electro Watchman Inc 416556 7,469.50$ Access Control System - Hanifl Shelter (Final) Parks Dept Electro Watchman Inc 416556 4,595.98$ Access Control System License Upgrade - Hanifl Shelter Parks Dept Electro Watchman Inc 417557 340.00$ Annual HID Mobile Subscription Public Works Environmental Equipment & Services Inc 23600 1,351.89$ Curtain Set - Unit #314-16 Street Dept First State Tire Recycling CU-41001 326.50$ Tire Recycling Recycling First State Tire Recycling CU-41012 307.25$ Tire Recycling Recycling First State Tire Recycling CU-41047 297.00$ Tire Recycling Recycling First State Tire Recycling CU-41064 371.75$ Tire Recycling Recycling Forest Lake NAPA December 3,021.83$ Auto Parts and Shop Supplies Various Fox, Richard CLAIM 169.00$ Work Boot Reimbursement Water & Sewer Fox, Richard CLAIM 223.63$ Cold Weather Gear Water & Sewer Gene's Disposal Service Inc 490707 219.59$ January Waste Hauling - City Hall Gen Gov't Bldgs Gene's Disposal Service Inc 490707 243.85$ January Waste Hauling - Fire Station Fire Dept Gene's Disposal Service Inc 490707 320.19$ January Waste Hauling - PW Facility Public Works Gene's Disposal Service Inc 490707 239.49$ January Waste Hauling - Rice Lake Room Gen Gov't Bldgs Gene's Disposal Service Inc 490707 293.49$ January Waste Hauling - Lions Park Parks Dept Gene's Disposal Service Inc 490707 239.49$ January Waste Hauling - Hanifl Fields Parks Dept Goodin Company 2604077-00 34.57$ Parts - Unit #209-13 Sewer Utility Gopher State One Call 3120485 126.90$ December Service Charges Water & Sewer Grainger 9957356554 131.40$ Air Filters - Well Houses Water Utility H & L Mesabi 12992 11,371.00$ Blades for Plows Street Dept H & L Mesabi 12992-1 (1,976.00)$ Blades for Plows (Returned) Street Dept Hach Company 13861636 204.33$ Water Testing Supplies Water Utility Hawkins Inc 6664836 70.00$ Water Chemicals (Cylinder Charge) Water Utility Hisdahl's Inc 17890 30.00$ Par Tags Fire Dept Hisdahl's Inc 17895 1,437.58$ HFD Hats, Shirts & Embroidery Fire Dept Hotsy Equipment of Minnesota 19762 66.89$ Pressure Washer Connections Fire Dept Hugo Equipment Company 200793 89.99$ Helmet (Tree Trimming) Street Dept Industrial Rubber & Supply Co 123541 2,088.00$ Rubber Belting - Streetlight Repair Street Dept Innovative Office Solutions LLC IN4428912 144.75$ Restroom Supplies (PPP) Parks Dept Innovative Office Solutions LLC IN4434548 128.85$ Breakroom Supplies (CH) Gen Gov't Bldgs Innovative Office Solutions LLC IN-4436666 185.40$ Restroom Supplies (PPP) Parks Dept Innovative Office Solutions LLC IN-4437976 65.70$ Card Stock, Pens, Ruler & Sortkwik Administration Innovative Office Solutions LLC IN-4437976 191.44$ Storage Boxes Finance Dept Innovative Office Solutions LLC IN4441812 68.13$ Copy Paper, Calculator & Message Book Public Works Innovative Office Solutions LLC IN4441812 29.76$ Binder Clips & Sortkwik Gen Gov't Bldgs Innovative Office Solutions LLC IN4441812 30.36$ Restroom Supplies (CH) Gen Gov't Bldgs Innovative Office Solutions LLC IN4441812 56.72$ Breakroom Supplies (CH) Gen Gov't Bldgs Innovative Office Solutions LLC IN4446156 138.82$ File Folders, Markers, Pens, Staple Remover, Etc Administration Instrumental Research, Inc. 5355 115.00$ Water Bacteria Testing Water Utility International Code Council Inc Membership 160.00$ 2024 Membership Dues Building Inspections Interstate Battery System of Minneapolis 110057696 430.84$ Batteries Public Works Page 1 City of Hugo Claims February 5, 2024 G. 1 Vendor Invoice Amount Description Department Johnson/Turner November 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner November 294.95$ Disbursements (Prosecution Costs) General Legal Johnson/Turner November 3,875.25$ Civil Legal Fees - See Attached Breakdown General Legal Johnson/Turner December 4,829.00$ Prosecution Fees (Flat Fee) General Legal Johnson/Turner December 294.95$ Disbursements (Prosecution Costs) General Legal Johnson/Turner December 14,624.98$ Civil Legal Fees - See Attached Breakdown General Legal Kath Fuel Oil Service Co. 12320094 4,352.90$ December Unleaded Gas & Diesel Purchases Various Kath Fuel Oil Service Co. 790458 310.00$ Pump Oil - Well Houses Water Utility Knowlan's Super Markets Inc 1220 41.65$ Holiday Party Supplies Unallocated Knowlan's Super Markets Inc 3783 27.39$ Meeting Supplies Planning & Zoning L.T.G. Power Equipment 282902 99.95$ Parts - Unit #348-23 Parks Dept Laughlin's Pest Control 62462 97.75$ December Pest Control Service Gen Gov't Bldgs Lawson Products 9311195007 427.51$ Air Fittings Public Works League of Minnesota Cities 399211 125.00$ MCMA Workshop - Bryan Bear Administration LRE Water 25320E 355.83$ Expert Services - WB Lake Restoration Litigation General Legal MacQueen Emergency P23960 608.96$ Structural Boots Fire Dept MacQueen Emergency P23970 1,881.69$ MSA Cairns Helmets Fire Dept MacQueen Emergency P24626 151.89$ Helmet Decals Fire Dept Marco INV11589923 48.75$ January Copier Maintenance Building Inspections Menards 24780 449.00$ Dishwasher - 14696 Fondant Ave N Rental Properties Menards 24780 6.35$ Tools Parks Dept Menards 24780 11.72$ Hardware - Water Heater Repairs (PW) Public Works Menards 24796 5.36$ Hardware - 14696 Fondant Ave N Rental Properties Menards 25200 4.19$ Flooring Safety Materials (PW) Public Works Menards 25652 102.88$ Emergency Lighting Fixtures Fire Dept Menards 25652 142.38$ Fire Department Supplies Fire Dept Menards 25938 235.13$ Lumber & Hardware Public Works Menards 25938 33.98$ Safety Supplies Public Works Menards 25946 26.47$ Fire Department Supplies Fire Dept Menards 26053 76.64$ Shop Supplies Public Works Menards 26053 9.96$ Cleaning Supplies Public Works Menards 26057 315.76$ Pallet Racking Public Works Menards 26057 107.22$ Lumber & Hardware Public Works Menards 26057 89.97$ Shop Tools Public Works Menards 26064 21.89$ Cleaning Supplies Public Works Menards 26120 (24.95)$ Pallet Racking (Returned) Public Works Menards 26123 44.97$ Hardware Public Works Menards 26123 34.95$ Pallet Racking Public Works Metering & Technology Solutions INV4019 975.14$ Water Meter Water Utility Metering & Technology Solutions INV4035 4,771.83$ Water Meters & Hardware Water Utility Metering & Technology Solutions INV4190 395.36$ Water Meter & Hardware Water Utility Metro Cities 1731 6,083.00$ 2024 Membership Dues Administration Metro-INET 1679 10,341.00$ January Computer Service Various Midwest Machinery Company 9911401 3,313.49$ Repairs - Unit #317-06 Street Dept Minnesota Cleaning Services Inc 0224HH01 605.00$ January Cleaning Services Gen Gov't Bldgs Minnesota Cleaning Services Inc 0124HH02 100.00$ January Cleaning Services - Hanifl Parks Dept Minnesota Cleaning Services Inc 0124HH03 741.00$ January Cleaning Services - PW Facility Public Works Minnesota Cleaning Services Inc 0124HH03 450.00$ January Cleaning Services Fire Dept Minnesota Cleaning Services Inc 0124HH03 247.00$ January Cleaning Services - Rice Lake Room Gen Gov't Bldgs MN Pollution Control Agency Registration 325.00$ Collection System Op. Conference - J. Maas Sewer Utility MN Pollution Control Agency Registration 325.00$ Collection System Op. Conference - C. Triemert Sewer Utility MN Pollution Control Agency Registration 325.00$ Collection System Op. Conference - R. Hollerbach Sewer Utility MN Pollution Control Agency Exam Fee 55.00$ Wastewater Certification Exam Fee - J. Maas Sewer Utility MN Pollution Control Agency Exam Fee 55.00$ Wastewater Certification Exam Fee - C. Triemert Sewer Utility MN Pollution Control Agency Exam Fee 55.00$ Wastewater Certification Exam Fee - R. Hollerbach Sewer Utility North American Safety Inc INV84440 102.00$ First Aid Kits Public Works Northwestern Court Reporters, Inc. 143707 1,932.04$ Transcript Services - WB Lake Restoration Litigation General Legal Nuss Truck & Equipment PSO068732-1 67.32$ Parts - Unit #205-15 Street Dept Nuss Truck & Equipment PSO068781-1 31.07$ Parts - Unit #202-17 Street Dept O'Reilly Auto Parts 5914-271226 11.44$ Parts - Unit #7101-02 Fire Dept O'Reilly Auto Parts 5914-271226 3.65$ Parts - Unit #8103-06 Fire Dept O'Reilly Auto Parts 5914-271543 12.36$ Parts - Unit #7101-02 Fire Dept O'Reilly Auto Parts 5914-273559 13.99$ Switch for Grinder Public Works O'Reilly Auto Parts 5914-270948 (11.44)$ Parts - Unit #701-02 (Credit) Fire Dept Oxygen Service Company 3572536 105.96$ Welding Supplies Public Works PCHelp, LTD 24-1000 1,497.00$ Tatems Fleet Maintenance Software Public Works Performance Plus LLC 123691 648.00$ Mask Fittings (18) Fire Dept Pomp's Tire Service 150178421 5,297.60$ Tires - Unit #7104-18 Fire Dept Premier Lighting Inc 66811 159.95$ Light Fixture - PW Salt Building Public Works Premier Lighting Inc 66829 48.00$ LED Light Bulbs - PW Public Works Premier Lighting Inc 66954 140.90$ Lights - Hanifl Monument Sign Parks Dept Page 2 City of Hugo Claims February 5, 2024 G. 1 Vendor Invoice Amount Description Department Press Publications 794483 106.64$ Summary Ordinance 2023-529 Ordinances/Proceedings Quadient Leasing USA Inc Q11160434 68.99$ Meter Rental - December Administration Quadient Leasing USA Inc Q11160434 68.99$ Meter Rental - January Administration Quadient Leasing USA Inc Q11160434 68.99$ Meter Rental - February Administration Ricoh USA, Inc 107947811 194.61$ February Copier Lease Payment Public Works Safe-Fast Inc INV285810 248.00$ Safety Supplies Public Works Sam's Club 80154 131.63$ Breakroom Supplies Public Works Schaeffer Manufacturing Company ABH2497-INV1 330.32$ Shop Supplies Public Works Sensible Land Use Coalition 2486 48.00$ Meeting Registration - R. Juba Planning & Zoning Sensible Land Use Coalition 2486 48.00$ Meeting Registration - M. Gort Planning & Zoning Sensible Land Use Coalition 2486 48.00$ Meeting Registration - S. Denaway Parks Dept SHI International Corp B17825953 907.74$ Windows Office License (3) Public Works Signature Lighting Inc 1377 1,960.65$ Streetlight Repairs Street Dept Silver Star Industries Radco - Blaine BLN-72855-01 1,245.82$ Running Boards, Seat Covers & Floor Mats - Unit #6109-24 Fire Dept Smith, Thomas CLAIM 47.47$ Pulley Block - Tree Trimming (Amazon) Street Dept Smith, Thomas CLAIM 78.03$ Drill Rental - Water Tower No. 3 (Menards) Street Dept Target Solutions Learning INV88271 2,729.00$ TSP Premier Training Software System Fire Dept TASC IN2965951 50.00$ February Cobra Administration Fee Finance Dept TASC IN3002940 50.00$ March Cobra Administration Fee Finance Dept TASC IN3002940 100.00$ Cobra Administration Annual Fee Finance Dept Toshiba Financial Services 5028285109 148.74$ February Copier Lease Payment Fire Dept Toshiba Financial Services 5028285109 20.33$ Overage Charges (Color) Fire Dept Toshiba Financial Services 5028285109 1.75$ Overage Charges (B & W) Fire Dept Tousley Motorsports 1230914 39.98$ Supplies - Unit #8103-06 Fire Dept Tri-State Bobcat E35918 2,500.00$ Chipper Rental (Tree Trimming) Street Dept Uline 172524098 110.33$ Bags for Hydrants Water Utility UniFirst Corporation 1410033236 122.73$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs UniFirst Corporation 1410033237 233.11$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410034779 153.32$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410036076 153.32$ Uniforms, Supplies & Floor Mat Services (PW) Public Works UniFirst Corporation 1410037480 153.32$ Uniforms, Supplies & Floor Mat Services (PW) Public Works University of Minnesota 2110012444 650.00$ Building Seminar Registration - Terry Hagstrom Building Inspections University of Minnesota 2110012509 75.00$ Traffic Sign Workshop - Jeff Maas Street Dept US Bank Equipment Finance 519689392 616.90$ January Copier Service Payment Administration US Bank Equipment Finance 519689392 9.86$ Overage Charges (B&W) Administration US Bank Equipment Finance 519689392 75.41$ Overage Charges (Color) Administration Verizon Wireless 9952510595 48.87$ Cellular Phone Charges Public Works Verizon Wireless 9953114349 1,015.21$ Cellular Phone Charges Various Verizon Wireless 9953114349 3,452.42$ iPads (5) & Accessories Fire Dept Visu-Sewer, Inc 35080 3,508.80$ Televising - Dellwood Ridge & 125th St Imp Project Street Reconstruction Washington Conservation District 6384 716.31$ East Metro Watershed Membership Stormwater Fund Washington County 220941 1,755.97$ 2024 Truth In Taxation Notice Miscellaneous Washington County 2024-5428-001 115.36$ Hazardous Waste Generator License Public Works Washington County Fire Chiefs Assoc 2024-005 50.00$ 2024 Membership Dues Fire Dept Washington County Public Health 2024-PHE-1448 68.40$ Hazardous Waste Recycling Public Works Water Conservation Service Inc 13740 349.00$ Watermain Leak Locates (Arbre Lane) Water Utility Winnick Supply 35170 1,565.66$ Steel Public Works Xcel Energy 51-0013009096-8 782.48$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013009096-8 595.01$ Water Tower No. 4 Electric Water Utility Xcel Energy 51-0013879073-4 34.27$ Lift Station No. 11 Electric Deposits Xcel Energy 51-0013879073-4 55.25$ Lift Station No. 11 Electric Deposits Xcel Energy 51-0014152504-7 85.81$ Oneka Pkwy Stop Light Street Dept Xcel Energy 51-0014152504-7 84.38$ Oneka Pkwy Stop Light Street Dept Xcel Energy 51-0013971834-1 81.15$ 152nd Street Stop Light Street Dept Xcel Energy 51-0013493712-0 977.08$ Lions Park Pavilion Electric Parks Dept Xcel Energy 51-0013493712-0 726.79$ Lions Park Pavilion Natural Gas Service Parks Dept Xcel Energy 51-0014686426-3 38.55$ 159th Street Light Street Dept Zack's Inc 36565 31.08$ Fingernail Brushes Public Works 258,619.90$ Total Claims for February 5, 2024 Page 3 RESOLUTION 2024- A RESOLUTION APPOINTING ELECTION JUDGES FOR PRESIDENTIAL NOMINATING PRIMARY ELECTION IN THE YEAR 2024 BE IT RESOLVED by the City Council of the City of Hugo, State of Minnesota, the following Election Judges are appointed to serve in the Presidential Nominating Primary in 2024: Bronwen Kleissler Caren Moss John Erickson Laura Farrell Crystal Berntson Deborah Seelig Michi Eichinger Allison Richards David LaCasse Laurie Krenz Eve Kreiner Barbara Erickson Sally Miesen Ryan Allshouse Niki Anderson Carolyn Kluk Jacquelyn Metry Scott McCrady Pamela Helgeson Vicki Bebeau Diane Weber Donis Dzialo Wanda LeBlanc-Fricke Jean Carr Michael Fish Kimberly Johnson Lynn Wedig Celeste Knipping Dianna Delaney Cindra Schmidt Cassandra Birkeland BE IT FURTHER RESOLVED, that in case an appointed judge is unable to serve, the City Clerk is authorized to find a substitute judge for the judge who cannot serve and/or add additional judges as needed. Whereupon said resolution was declared passed and adopted 5th day of February 2024. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk AGREEMENT 1. PARTIES This agreement is made and entered into by and between the City of Hugo, Minnesota (“Municipality”) and Northeast Youth and Family Services (“NYFS”). 2. RECITALS a. NYFS is a non-profit social service agency whose mission is to meet the unmet developmental needs of at-risk youth and families within their community environment with emphasis on providing services through collaboration and coordination with existing community resources. These services are available to youth and families residing in the northern suburbs of Ramsey and Washington County, including, but not limited to, the municipalities which are signatory to agreements which are identical to this Agreement (“participating municipalities”) and students and families from Independent School Districts 621, 622, 623, 624, 282, and 832. b. Through this Agreement the Municipality intends to contract with NYFS to provide such services to its residents and to act as a sponsor of NYFS by providing financial support, a method to establish appropriate services to be provided and policy guidance for its activities. c. This Agreement shall be used as the formal agreement between NYFS and each of the participating municipalities. This Agreement is intended to continue the spirit of cooperation and collaboration in the provision of social services between the Municipality and NYFS. 3. TERMS AND CONDITIONS In consideration of the mutual understandings of this Agreement, the parties hereby agree as follows: a. Prior Agreements Cancelled. By execution of this Agreement any prior agreements and amendments thereto between the parties are hereby cancelled. b. Services Provided. NYFS shall provide the Municipality and its residents with youth and family programs set forth in the Addendum attached hereto. c. Principles of Service and Program Establishment and Operations. On a yearly basis and prior to submission of its annual budget, as provided for hereafter, NYFS shall: i. Report regarding proposed changes in services and programs to the Municipality; and ii. Establish a fair and open bidding/request for proposal (RFP) process to contract, manage or provide such services and programs, which are not directly provided by NYFS staff. d. Funding i. In addition to the participating municipalities’ share of the annual budget, funds for the operation of NYFS will be raised by NYFS endeavoring to secure user fees, grants and appropriations from private organizations, the State of Minnesota, Federal and County agencies, and other legal and appropriate sources. ii. The Municipality shall pay annually to NYFS the base amount listed in Exhibit A. This base amount will be adjusted annually for inflation/deflation based on the Standard Metropolitan Statistical Area Consumer Price Index for All Urban Consumers (CPI-U) and municipal population estimates based on MN State Demographic Center. Any adjustment in the payment beyond those indicated by reference to the CPI-U shall require approval of each of the participating municipalities. iii. Any new municipality joining into this agreement will pay a base amount annually to NYFS that is on par with the amount paid by current participating municipalities. iv. Amounts payable by the Municipality shall be paid to NYFS on or before January 30th of each year, or at a date mutually agreed upon by both parties, to cover the Municipality’s share for that year. e. Board Representation. The Municipality shall have the right to NYFS Board Representation of City Council, staff or community members (as designated by the Municipality and approved by NYFS Board) on the Board of Directors as either a Board Member or Board Advisor. f. Further Obligations of NYFS. In addition to the obligations set forth elsewhere in this Agreement, this Agreement is further contingent upon NYFS doing the follows: i. The Bylaws of NYFS shall be amended to add provisions requiring an open process for contracting services as provided for in paragraph C.2., above, and prohibiting NYFS from supporting or opposing individual candidates for election to public office in any of the participating municipalities; and adding the requirement that IRS 501.C3 status be maintained. ii. On or before June 30, of any year NYFS shall submit the proposed city budgeted amount for the subsequent year. iii. On or before December 31, of any year NYFS shall submit a written report to the Municipality including an Annual Report, the audited financial statement, and a program specific summary of services provided to the municipality; in addition, biannually NYFS shall submit a written report to the participating municipality. iv. Periodically advising the Municipality of services available through NYFS to the Municipality’s residents; v. Establishing a sliding scale for services available through NYFS to the Municipality’s residents and periodically advising the Municipality of such fees; vi. Providing other reasonable information requested by the Municipality; vii. Purchasing a policy of liability insurance in the amount of at least $1,500,000.00, naming the Municipality as an additional insured and providing a copy of the insurance certificate evidencing such policy to the Municipality; viii. Upon Request NYFS will provide the Municipality with a copy of its Articles of Incorporation, Bylaws, Amendments thereto, and the IRS tax exempt status letter; ix. NYFS shall defend and indemnify the Municipality from any and all claims or causes of actions brought against the Municipality of any matter arising out of this Agreement or the services provided pursuant to this Agreement; and, x. Without the written approval of the Municipality, NYFS will not enter into any agreement with any other municipality which differs from the terms and conditions of this Agreement. g. Term. The term of this agreement will be through December 31, 2024. Unless either party gives at least 6 months written notice of its intent to cancel this Agreement effective December 31 of the year in which the notice is made, NYFS will continue to provide services to the Municipality if a successor agreement has not been executed prior to the end of the term. h. (A) Distribution of Assets Upon Dissolution. If NYFS ceases to operate, the Board of Directors will do one of the following: i. Give the assets to one or more non-profit agencies providing similar social services in the northern suburbs of Ramsey County; or, ii. Form a new Foundation to fund appropriate social service programming in the northern suburbs of Ramsey County. The final Distribution of Assets Plan must be approved by the Ramsey County District Court. (B) Deviation from the Mission. If the City Council determines that NYFS has materially deviated from its mission (See II. Recitals, A.), the City Council may ask the NYFS Board of Directors to consider dissolving the agency and liquidating the assets. The Board will do one of the following: iii. Consider the request and by a majority vote deny it. iv. Consider the request and by a majority vote agree to modify the programs to be consistent with the mission. v. Consider the request and by a majority vote agree with the request and move to dissolve the agency and liquidate the assets. IN WITNESS WHEREOF, the parties have executed this Agreement on this date set forth below. MUNICIPALITY City of Hugo By: ______________________________ Elected Official Its: ______________________________ Clerk/Manager/Administrator Dated: ______________________________ NYFS Northeast Youth & Family Services By: _______________________________ Its: President/CEO By: _______________________________ Its: Chair of the Board of Directors Dated: _______________________________ Contracted Services Mental Health Services: • Shoreview and White Bear Lake Mental Health Clinics – licensed mental health staff provide therapy for the emotional health of children, teens , and adults. • School -Based Mental Health – licensed mental health staff provide onsite therapy in the schools for the emotional health of students within Roseville, Mounds View , Saint Anthony New Brighton and White Bear Lake school districts. • Northeast Educational & Therapeutic Services (NETS) – provides therapy and academic support for youth in grades 6 -12 with severe mental illnesses who cannot function in traditional school environments. • Domestic and Sexual Violence Progra m – individual and group therapy and legal advocacy services for adults and children who have witnessed or experienced domestic and/or sexual violence. Community Service Programs: • Youth Diversion – a coordinated range of services for youth who have committed minor offenses (e.g. shoplifting, chemical/alcohol use, vandalism) to help them focus on positive behavior and prevent recidivism. • Community Connections – This seven -week program helps youth develop social and emotional skills while expanding their horizons and helping them deepen their commitment to their own futures through service, post - secondary education exposure, career exploration, and mentorship. Non-Contracted Services Community Service Programs: • Community Advocate – This program serves people who have been involved with local law enforcement but have needs that cannot be sufficiently addressed by law enforcement alone. This can include: mental health issues, family instability, medical care and other needs. Addressing these underlying issues reduces the need for law enforcement intervention in the future. Municipal ContractCommunity Advocate Municipal Contract Community Advocate20232023 2024 2024Board Approved Increase Dollar increaseBoard Approved Increase Dollar increaseof 4.9% based on CPI-U over 2023 of 4.9% based on CPI-U over 2023Falcon Heights 12,246.11$ 12,846.17$ 600.06$ Little Canada 23,213.75$ 24,351.22$ 1,137.47$ Mounds View 29,789.41$ 27,938.75$ 31,249.09$ 1,459.68$ 29,307.75$ 1,368.999$ New Brighton 51,673.28$ 11,175.50$ 54,205.27$ 2,531.99$ 11,723.10$ 547.60$ North Oaks 11,854.97$ 12,435.86$ 580.89$ Roseville 81,071.55$ 22,351.00$ 85,044.05$ 3,972.51$ 23,446.20$ 1,095.20$ St. Anthony 20,265.65$ 13,969.38$ 21,258.67$ 993.02$ 14,653.87$ 684.50$ Shoreview 59,185.45$ 62,085.53$ 2,900.09$ Birchwood 1,957.95$ 2,053.89$ 95.94$ Hugo * 16,275.00$ 17,072.48$ 797.47$ Mahtomedi 17,970.20$ 18,850.74$ 880.54$ Vadnais Heights 29,498.85$ 30,944.29$ 1,445.44$ City of WBL 56,901.18$ 27,938.75$ 59,689.33$ 2,788.16$ 29,307.75$ 1,369.00$ WB Tnship 24,798.43$ 26,013.56$ 1,215.12$ Lauderdale 5,075.91$ 5,324.63$ 248.72$ Arden Hills 22,215.00$ 23,303.54$ 1,088.54$ Total 463,992.69$ 103,373.38$ 486,728.34$ 22,735.65$ 108,438.67$ 5,065.30$ * Hugo splits its support of NYFS with another Community-Based Mental Health agencyNortheast Youth & Family ServicesMunicipal Participation Figures January 24, 2024 Agenda Number G.13 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT PLANNING AND ZONING APPLICATION STAFF REPORT TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Artemis Development Company, LLC. Final Plat and Development Agreement for Watercrest of Hugo and Watercrest of Hugo 2nd Addition (Formally Goodview Estates) DATE: February 1, 2024, for the City Council Meeting of February 5, 2024 1.PROPOSED MOTION: Move to approve the resolution approving the final plat and development agreement for Watercrest of Hugo and Watercrest of Hugo 2nd Addition. Approval of the Final Plats requires a 3/5 vote of the City Council. 2.DESCRIPTION OF REQUEST: The applicant is requesting approval of a final plat in order to plat 30 lots on the parcel located west of Goodview Avenue and south of Egg Lake Road (CSAH 8) as phase one of the Watercrest of Hugo development. The applicant is also requesting approval of a final plat in order to plat 29 lots as phase two of the Watercrest of Hugo development. The City Council reviewed the preliminary plat for Goodview Estates at its August 1, 2022, meeting. The lots meet the minimum lot standards and requirements outlined in the regulations the Single Family Detached Residential (R-3) zoning district. The final plats will have the new name Watercrest of Hugo. The park dedication requirement will be met by fee for a total of $102,000 ($3,400 per unit) for the first phase and $98,600 for the second phase.. 4.RECOMMENDATION: Watercrest of Hugo and Watercrest of Hugo 2nd Addition Final Plat and Development Agreement Page 2 Staff recommends approval the resolutions approving the final plat and development agreement for Watercrest of Hugo and Watercrest of Hugo 2nd Additon, subject to review and approval by the City Attorney. ATTACHMENTS: a) Location Map b) Resolutions Approving the Final Plats and Development Agreements c) Engineer’s Memo dated February 5, 2024 d) Draft Development Agreements e) Plans and Final Plats Goodview Avenue North130th Street North 135th Street North Egg L a k e R o a d N o r t h Fondant Trail North131st Street North 138th S t r e e t N o r t h 130th Lane North Freela n d C o u r t N o r t h Flint Circle NorthFlay Avenue NorthFletcher Lane North131st A lcove Nor th Watercrest of Hugo Location MapHugo, MN Site Roads Hugo Border Parcel Boundary Document Path: S:\Mapping\GIS\Events\Golden Spike\Goodview Esates.mxdSite RESOLUTION 2024-___ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR “WATERCREST OF HUGO” LOCATED WEST OF GOODVIEW AVENUE NORTH AND SOUTH OF EGG LAKE ROAD NORTH WHEREAS, Artemis Development Company, LLC., has requested approval of a final plat and development agreement to plat 30 lots and 3 outlots to be known as “Watercrest of Hugo” located west of Goodview Avenue North and south of Egg Lake Road North and is legally described as follows: See attached NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat and development agreement for “Watercrest of Hugo” subject to the following conditions: 1. The final plat is approved to allow the construction of 30 single family homes and 3 outlots, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, (formally known as Goodview Estates) and the final plat plans received by the City and dated November 28, 2023, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution #2022-42). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the City Engineer’s memo dated February 5, 2024, and any red-lined comments from the City Engineer to the developer. 6. Staff will continue to work with the applicant on the location and specification of the trails. 7. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 8. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. Resolution 2024-____ Page 2 9. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 10. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement and encroachment and maintenance agreement shall be reviewed and approved by staff and recoded at Washington County. 11. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. 12. Outlot Use and Ownership: a. Outlot A is proposed for future development of Watercrest of Hugo. b. Outlot B is proposed for stormwater management, wetlands, and trails. The outlot shall be deeded to the City at the time the plat is recorded. c. Outlot C is unbuildable and proposed for a wetland bank and will remain in ownership of the developer. Access to outlot C shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. The following conditions shall be met prior to the Final Plat being recorded: 13. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 14. The developer shall pay a park dedication fee of $102,000. 15. The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. 16. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 18. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. Resolution 2024-____ Page 3 The following conditions shall be met prior to the issuance of building permits: 19. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 20. The applicant shall submit one full set of approved final plans to the City. 21. The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. 22. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: 23. The trail on outlot B shall be constructed to connect to Arcand Park. ADOPTED by the City Council this 5th day of February, 2024. _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk RESOLUTION 2024-___ APPROVING A FINAL PLAT AND DEVELOPMENT AGREEMENT FOR “WATERCREST OF HUGO 2ND ADDITION” LOCATED WEST OF GOODVIEW AVENUE NORTH AND SOUTH OF EGG LAKE ROAD NORTH WHEREAS, Artemis Development Company, LLC., has requested approval of a final plat and development agreement to plat 29 lots to be known as “Watercrest of Hugo 2nd Addition” located west of Goodview Avenue North and south of Egg Lake Road North and is legally described as follows: See attached NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the final plat and development agreement for “Watercrest of Hugo 2nd Addition”” subject to the following conditions: 1. The final plat is approved to allow the construction of 29 single family homes in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, (formally known as Goodview Estates) and the final plat plans received by the City and dated November 28, 2023, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # 2022-42). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the City Engineer’s memo dated February 5, 2024, and any red-lined comments from the City Engineer to the developer. 6. Access is prohibited on to Goodview Avenue from individual platted lots. 7. The plans shall be revised to show a sidewalk along the south side of 134th Street from the trail connection to Goodview Aveune. 8. The plat shall be revised to have an outlot over the pond, wetland, and trees behind lots 5-8, Block 2. 9. Staff will continue to work with the applicant on the location and specification of the trails. Resolution 2022-44 Page 2 10. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 11. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. 12. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 13. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. 14. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. The following conditions shall be met prior to the Final Plat being recorded: 15. The developer shall pay a park dedication fee of $98,600. 16. The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. 17. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 18. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 19. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: 20. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 21. The applicant shall submit one full set of approved final plans to the City. Resolution 2022-44 Page 3 22. The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. 23. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: 24. The trail connection between Watercrest of Hugo and Watercrest of Hugo 2nd Addition shall be constructed. The trail is located on Outlot B, Watercrest of Hugo. ADOPTED by the City Council this 5th day of February 5, 2024 _______________________________ Tom Weidt, Mayor ATTEST: __________________________________ Michele Lindau, City Clerk S:\Users\R_Juba\DEVELOPMENT PROJECTS\Watercrest of Hugo\Watercrest of Hugo 1st and 2nd Addition Final Plat\Engineers Red-lined Comments\Eng Memo_Watercrest of Hugo Final Plat 02.05.24.docx 178 E 9TH STREET | SUITE 200 | SAINT PAUL, MN | 55101 | 651.286.8450 | WSBENG.COM February 5, 2023 Ms. Rachel Juba Community Development Director City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Re: Water Crest of Hugo and Water Crest of Hugo 2nd Addition WSB Project No. 020259-000 Dear Ms. Juba: We have reviewed the Final Plat submittal for the Goodview Estates development. We have reviewed the following information related to this application: • Final Plat for Water Crest of Hugo and Water Crest of Hugo 2nd Addition • The Construction Plans with revision a date of November 28, 2023 by Saether-Bergquist, Inc. • Stormwater Report dated December 6, 2023 by AE2S We have not yet received the updated construction plans addressing our previous comments. Once received, staff will verify comments have been addressed and easement dimensions on the final plats are appropriate. Based on the review of the documents previously submitted, we offer the following Engineering comments related to this application: General/Access 1. The subject property is located west of Goodview Avenue south of 135th Street. 2. Access will occur from Goodview Avenue and two existing stub streets located off of 135th Street in Birch Tree Ponds development. 3. The applicant has provided ROW along Goodview Avenue and trail easement to accommodate a future trail along the west side of Goodview Avenue, consistent with the Comprehensive Plan. 4. The applicant will be responsible to place in escrow, money to cover future costs of trail and conversion of one-half of Goodview Avenue to an urban section, along the length of their property adjacent to Goodview Avenue. This will be documented in the development agreement and totals $136,365. 5. A sidewalk will be added to the south side of the east/west roadway in the 2nd Addition to provide access to the trail network in the development and future trail along Goodview Avenue. 6. The 8-ft trail will be required to connect to Arcand Park. Prior to the issuance of the certificate of occupancy, trails must be constructed. 7. Exhibit C of the Development outlines development fees that will be completed for both Water Crest of Hugo and Water Crest of Hugo 2nd Addition once we receive and review detailed bid results from the developer. 8. Detailed redline comments have been documented on the plans and previously sent to the applicants engineer so they can be addressed in future submittals. W e are currently waiting for the resubmittal of the plans addressing our comments. Ms. Rachel Juba February 1, 2024 Page 2 S:\Users\R_Juba\DEVELOPMENT PROJECTS\Watercrest of Hugo\Watercrest of Hugo 1st and 2nd Addition Final Plat\Engineers Red-lined Comments\Eng Memo_Watercrest of Hugo Final Plat 02.05.24.docx Utility Plan 9. Watermain is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending from 135th Street. Watermain will be installed to the street limits but is not proposed to be extended further. 10. Sanitary sewer is proposed to be extended south from the Birch Tree Ponds development from existing stubs extending south from 135th Street. Both current stubs are 10” pipe but will be reduced to 8’ throughout the development and are not proposed to be extended beyond the current development limits. Adjacent areas are served from different sewer service districts. Stormwater Management 11. The site is proposing water quality requirements primarily through water reuse for onsite irrigation. The remaining water quality required will be provided by an infiltration basin and the stormwater ponds onsite. Additional information on the irrigation design needs to be confirmed to determine the amount of water quality treatment the water reuse can provide. 12. The site is meeting rate control requirements with the onsite ponds and infiltration basin. 13. While there is not regulated FEMA floodplain on the site, there is RCWD regulated floodplain present. The RCWD regulated floodplain elevation for this area is 929.82. Updated compensatory storage calculations are required to confirm floodplain requirements are being met for the site. Floodplain requirements are expected to be able to be met onsite, additional documentation is just needed to confirm. Wetlands 14. An amended Notice of Decision has been issued as there have been minor changes in proposed wetland impacts from what was in the original Goodview Estates project, resulting in fewer wetland impacts. 15. The wetland credits required for impacting wetlands are proposed to be purchased. The transaction form from BWSR will be required prior to impacting any wetlands. Thank you for the opportunity to provide comments on this project. If you have any questions, please do not hesitate to contact me at 612-360-1278. Sincerely, WSB Mark Erichson, PE City Engineer cc: Scott Anderson, Public Works Director (email only) Liz Finnegan, Senior Engineering Technician (email only) Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Watercrest of Hugo THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Artemis Development Company, LLC.,., (hereinafter referred to as "Developer"). WITNESS: Watercrest of Hugo 2 WHEREAS, the City Council of the City has, by Resolution Number 2022-42 on August 1, 2022, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2024-____ on February 5, 2024, approved the final plat for a major subdivision as proposed by the Developer to be known as "Watercrest of Hugo" (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 70 acre parcel of land into 30 residential lots, and 3 outlots; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this Plat. All fees and costs incurred by the City in connection with the Plat shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter referred to as the "Improvements"). All Improvements shall be constructed and installed pursuant to the terms and conditions herein set Watercrest of Hugo 3 forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted specification book and the reasonable direction of City staff. Except for as allowed under section D. 1. (c) Model Homes, of this agreement, no building permit shall be issued until all sewer and water services are installed, inspected, and functioning and the first lift of bituminous is on the road. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the Plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the Improvements outlined in this Agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the Plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance, as defined in paragraph 7 of this Agreement. b) Drainage Easements: Drainage easements shall be dedicated on the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading and shall be provided for a respective lot prior to the issuance of a building permit for such lot. d) Private Utilities: All private utilities that are installed, including electricity, telephone, natural gas and cable television, shall be installed underground. Watercrest of Hugo 4 e) Mailboxes: Developer shall coordinate mailbox locations with the United States Postal Service. f) Street Lights: Street lights shall be installed within the Plat according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer shall also submit its Street Lighting Plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the -Plat as a result of construction activities associated with the Plat until final acceptance of the Improvements. If the streets are not maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. In no case shall the wear course be placed with less than 50% occupancy. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. 3. City staff or its assignees have visually inspected all roadways and curb within the Plat, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: The Improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval of the City in accordance with the approved plans. All Improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) months of the execution of this Agreement. Substantial completion shall consist of all work with the exception of Watercrest of Hugo 5 placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All Improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this Agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the Improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the Improvements listed on Exhibit A. This information shall be provided to the City in the following formats: (a) 1-set mylar drawings (22” x 34”) for all Improvements. (b) 1-set paper drawings (22” x 34”) for all Improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the final plat. All Record Drawings shall include the following information: (a) All bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the plans. (g) Televised report of the sanitary sewer with videotape. Watercrest of Hugo 6 (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the Improvements and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the Improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the Improvements within the Plat have been approved and accepted by the City. The Developer’s engineer shall certify that grading within the Plat was completed in accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues any building permits. The Developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued for the applicable lot or the Developer is released from its obligation under this Agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public works department. Upon plan approval, the City’s public works department shall install all public signage within the Plat. The installation of all private signage shall be the responsibility of the Developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the City’s public works department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than Improvements shown on the approved plans, shall be permitted in dedicated drainage Watercrest of Hugo 7 easements without the prior written permission of the City and any regulatory agency having jurisdiction. b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The City shall be responsible for non-routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the City’s General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance with the approved landscape plans, the City ordinances, and the City’s General Specification and Standard Details Manual. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no more than 35% sand. Unless specific arrangements are made and agreed to by the City, all landscaping installed within the Plat shall be maintained by the Developer and its successors, including all individual homeowners or the homeowners association which is required to be formed by the Developer pursuant to the agreement. All areas, other than proposed street areas, disturbed by grading activities on the site shall be Watercrest of Hugo 8 seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) Watercrest of Hugo 9 days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The Developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Model Homes. In the event that site grading is approved by the City prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat, the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut existing streets or roadways, subject to final approval by the City. No model homes may be constructed or utilized until at least one (1) lift of bituminous has been installed from said model home lot providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s, authorized builders, staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been installed except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. d) Sales Trailers. The Developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. Watercrest of Hugo 10 f) Certificates of Survey. A certificate of survey shall be provided to the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. j) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That development agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. k) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. E. DAMAGES AND DEFAULT: Watercrest of Hugo 11 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. Model Homes are exempt from this section. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 3. Events of Default. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any Watercrest of Hugo 12 provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the financial Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein, except for a portion of the property, and that it has authority to execute this Agreement, with consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in Watercrest of Hugo 13 connection with the Project. No transfer or assignment of this Agreement shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the Plat and for any Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this Agreement. 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than thirty (30) days prior to the execution of the Plat. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. Watercrest of Hugo 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 20___, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Watercrest of Hugo 15 Developer Artemis Development Company, LLC., By________________________________ ___________________ Its: ____________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20______, before me, a Notary Public, within and for said County and State, personally appeared _____________, to me personally known, who, by me duly sworn did say that he is the __________________of Artemis Development Company, LLC., on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Watercrest of Hugo 16 EXHIBIT A LIST OF DEVELOPMENT PLANS *To be updates when plans are approved by City and City Engineer* Sheet No. Plan Date Author 1-2 Final Plat Recorded at Washington County Sathre- Berquist, Inc 1 Title Sheet Sathre- Berquist, Inc 2-6 Streets Sathre- Berquist, Inc 7-11 Sewer and Water Sathre- Berquist, Inc 12-18 Stormsewer Sathre- Berquist, Inc 19-21 Grading Plan Sathre- Berquist, Inc 22 Erosion Control Sathre- Berquist, Inc 23-27 Details Sathre- Berquist, Inc Landscape Plan Stormwater Reuse Plan Watercrest of Hugo 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the construction of 30 single family homes and 3 outlots, in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, (formally known as Goodview Estates) and the final plat plans received by the City and dated November 28, 2023, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution #2022-42). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the City Engineer’s memo dated February 5, 2024, and any red-lined comments from the City Engineer to the developer. 6. Staff will continue to work with the applicant on the location and specification of the trails. 7. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 8. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. 9. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 10. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s Watercrest of Hugo 18 association. A stormwater reuse agreement and encroachment and maintenance agreement shall be reviewed and approved by staff and recoded at Washington County. 11. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. 12. Outlot Use and Ownership: a. Outlot A is proposed for future development of Watercrest of Hugo. b. Outlot B is proposed for stormwater management, wetlands, and trails. The outlot shall be deeded to the City at the time the plat is recorded. c. Outlot C is unbuildable and proposed for a wetland bank and will remain in ownership of the developer. Access to outlot C shall be determined at the time of the wetland bank application and approval. If the wetland bank is not approved, the outlot shall be deeded to the City. The following conditions shall be met prior to the Final Plat being recorded: 13. The developer shall pay an escrow to upgrade Goodview Avenue to an urban section roadway and trail will be required with final plat and development agreement. The total escrow amount it $136,365. 14. The developer shall pay a park dedication fee of $102,000. 15. The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. 16. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 17. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 18. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: Watercrest of Hugo 19 19. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 20. The applicant shall submit one full set of approved final plans to the City. 21. The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. 22. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: 23. The trail on outlot B shall be constructed to connect to Arcand Park. Watercrest of Hugo 20 EXHIBIT C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. The Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $_______________. This sum is calculated to be four percent (4%) of the estimate of the required Improvements to be installed to serve the development, plus $5,000 which is the minimum balance required in the account. b) Cash Escrow or Letter of Credit. The Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one hundred twenty-five percent (125%) of the estimated amount of the required Improvements. This amount has been calculated by the City Engineer to be $________________. This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below ten percent (10%) of the original amount. The City shall have the right to retain the financial guarantee until the Improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $____________. This sum is calculated to be $0.07 per square foot for the _______ square feet of net developable area within the Plat. d) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer through the incorporation of on-site ponding. No storm water ponding fee will be applied. e) Snow Plowing. The Developer agrees to pay a one-time lump sum cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $__________. f) Pavement Maintenance Fee. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $________ to cover the cost of the first pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the_____feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee of $3,400 per lot for residential development payable before the final plat is signed by the City. Said fee shall be due for each of the 30 lots within the Plat. Total due is $102,000. Watercrest of Hugo 21 h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $1,000 into an escrow account with the City. This amount represents an estimated cost of $500/sign for 2 signs to be installed within the development. j) WCA Escrow. N/A k) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee in the amount of $48,960. This sum is calculated to be $1,632.00 per lot for the 30 residential lots within this phase. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $__________. This sum is calculated to be $1,960 per lot, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at _________%, resulting in a trunk water fee amount of $_______ per lot. The total is based on the reduced per unit fee applied to the 30 lots in the plat. Watercrest of Hugo 22 EXHIBIT D IRREVOCABLE LETTER OF CREDIT No._______________ Date: ______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 20__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than Watercrest of Hugo 23 one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Watercrest of Hugo 24 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Watercrest of Hugo 25 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Watercrest of Hugo 26 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative Watercrest of Hugo 27 EXHIBIT F Legal Description Return To: City of Hugo 14669 Fitzgerald Ave N Hugo, MN 55038 CITY OF HUGO WASHINGTON COUNTY, MINNESOTA DEVELOPMENT AGREEMENT Watercrest of Hugo 2nd Addition THIS AGREEMENT, made and entered into this _____ day of _______________, 20___ by and between the CITY OF HUGO, a Minnesota municipality organized under the laws of the State of Minnesota (hereinafter referred to as "City"); and Artemis Development Company, LLC.,., (hereinafter referred to as "Developer"). WITNESS: Watercrest of Hugo 2nd Addition 2 WHEREAS, the City Council of the City has, by Resolution Number 2022-42 on August 1, 2022, approved the preliminary plat for a major subdivision as proposed by the Developer to be known as "Goodview Estates" ; and, WHEREAS, the City Council of the City has, by Resolution Number 2024-____ on February 5, 2024, approved the final plat for a major subdivision as proposed by the Developer to be known as "Watercrest of Hugo 2nd Addition" (hereinafter referred to as the "Plat"); and, WHEREAS, the Plat proposed a development of an approximately 70 acre parcel of land into 29 residential lots; and, WHEREAS, it is the policy of the City to enter into development contracts as contemplated in Minnesota Statutes §462.358, Subd. 2(a); and, WHEREAS, the parties hereto desire to set forth their respective rights and obligations of the parties to this Agreement. NOW, THEREFORE, in consideration of the premises and of the mutual promises and conditions contained herein, it is agreed by the parties hereto as follows: A. GENERAL ENGINEERING CONDITIONS; 1. Escrow for City Costs and Fees. Developer shall, contemporaneously with the execution of this Agreement, deposit with the City an escrow as outlined in Exhibit C to cover the cost of legal fees, engineering and construction observation fees, administrative expenses, and other costs related to this Plat. All fees and costs incurred by the City in connection with the Plat shall be charged against said escrow account which shall remain in effect until the expiration of the warranty period for the Plat, as defined in paragraph 7, in all events said fees and costs shall be the responsibility of the Developer and shall be paid on demand. Any funds remaining in the escrow account after the completion of the warranty period shall be refunded to the Developer. In the event that the escrow account herein is depleted, Developer agrees to post additional funds to replenish the account and to cover projected City costs. Specifically, Developer agrees that the escrow account shall maintain a balance of no less than $5,000.00. Developer shall be entitled, upon request, to an itemized statement of all costs and fees charged against this escrow account. 2. Development Plans. In accordance with the policies and ordinances of the City, and subject to all City resolutions and approvals in connection herewith, the Developer shall construct the proposed improvements (hereinafter referred to as the "Improvements"). All Improvements shall be constructed and installed pursuant to the terms and conditions herein set Watercrest of Hugo 2nd Addition 3 forth in accordance with the plans approved and listed on Exhibit A, subject to all City resolutions and approvals listed in Exhibit B, subject to final approval by the City, and in accordance with City standards and requirements including those listed herein. In addition, all public street, utility, and storm drainage improvements shall comply with the City’s adopted specification book and the reasonable direction of City staff. Except for as allowed under section D. 1. (c) Model Homes, of this agreement, no building permit shall be issued until all sewer and water services are installed, inspected, and functioning and the first lift of bituminous is on the road. 3. Authorization to Proceed with Construction. Developer agrees not to commence any grading, utility or street work within the Plat until the following are completed: 1) Construction plans are approved by the City and distributed. 2) Pre-construction conference is held. 3) Notice to Proceed is issued. 4. Construction Observation. The City, for its benefit, will provide staff of its choosing to provide construction observation for the Improvements outlined in this Agreement. All costs associated with construction observation and inspection will be the responsibility of the Developer. The Developer shall allow City staff and City consultants access to the Plat to allow for this work to occur. 5. Miscellaneous Requirements. a) Property Corners: All property corners as identified on the Plat must be monumented with iron surveyor's pipes by the Developer prior to final project acceptance, as defined in paragraph 7 of this Agreement. b) Drainage Easements: Drainage easements shall be dedicated on the Plat so as to cover any wetlands and stormwater ponding areas located below the 100-year high water levels. c) Soils Testing: Soils inspection and compaction testing by a registered professional engineer shall be accomplished on all lots where filling is required, in accordance with the approved Grading, Drainage, and Erosion Control Plan. A minimum of one (1) compaction test for all developed lots shall be obtained for every two (2) foot increment of fill that is placed. A summary of all inspections and compaction tests for all developed lots shall be provided to the City upon completion of the grading and shall be provided for a respective lot prior to the issuance of a building permit for such lot. d) Private Utilities: All private utilities that are installed, including electricity, telephone, natural gas and cable television, shall be installed underground. Watercrest of Hugo 2nd Addition 4 e) Mailboxes: Developer shall coordinate mailbox locations with the United States Postal Service. f) Street Lights: Street lights shall be installed within the Plat according to the Street Lighting Plan, which will first be approved by the City Engineer. Developer shall also submit its Street Lighting Plan to the applicable power company for its review, comment and approval. The installation of the street lights shall be coordinated with the applicable power company so that the street light system is installed, constructed and operated in such a manner as will harmoniously exist with other street lights within the area. g) Working Hours: Construction activity, including equipment startup and fueling, can only occur between the hours of 7:00 a.m. and 7:00 p.m. Monday through Friday; 8:00 a.m. and 5:00 p.m. on Saturdays; at no time on Sundays or holidays. h) Street Sweeping: Developer shall sweep and/or otherwise clean all streets, as needed, within and adjacent to the -Plat as a result of construction activities associated with the Plat until final acceptance of the Improvements. If the streets are not maintained in a manner acceptable to the City, after reasonable notice to the Developer the City will arrange for the street sweeping at Developer’s cost. i) Placement of Bituminous Wear Course: The bituminous wear course can be placed on all streets once all of the following have occurred: 1. A Certificate of Occupancy has been issued for at least 75% of the lots or a cash escrow in the amount of $10,000 has been deposit with the City which will be held until 75% of the lots have received Certificates of Occupancy. At the City’s discretion, the wear course may be placed prior to having 75% occupancy. If applicable, the warranty period shall be extended an additional one (1) year for a total of two (2) years from final acceptance. In no case shall the wear course be placed with less than 50% occupancy. 2. The base course on all streets has been in place for at least one full freeze-thaw cycle. 3. City staff or its assignees have visually inspected all roadways and curb within the Plat, and any repairs necessary as a result of said inspection are complete and written approval issued. 6. Project Completion: The Improvements listed herein on Exhibit A, including street, sanitary sewer, storm sewer, and municipal water, shall be completed subject to the approval of the City in accordance with the approved plans. All Improvements shall be substantially completed to the reasonable satisfaction and approval of the City within twelve (12) months of the execution of this Agreement. Substantial completion shall consist of all work with the exception of Watercrest of Hugo 2nd Addition 5 placement of the bituminous wear course and completion of the final punchlist. The Developer shall be excused from the strict completion date set forth herein if written notice is received from the Developer of the existence of causes over which the Developer has no control which will delay the completion of the work and approved in writing by the City. In that event, the City may extend the date or dates herein specified. 7. Project Acceptance: Final project acceptance will be considered by the City Council once the following have been completed: (a) All Improvements are installed according to the approved plans. (b) All punchlist items are completed. (c) All Record Drawing information has been provided to the City to its satisfaction. (d) Escrow account for City costs and fees is current in accordance with the provisions of this Agreement. (e) The City receives confirmation via lien waivers that contractors or other parties have been paid for the work completed. (f) The City receives a written request from the Developer to accept the Improvements. 8. Record Drawing Requirements and Engineer’s Certification. Following completion of all development activities and prior to the release of security and acceptance of Improvements, the Developer and/or their assignee shall provide to the City "as-built" plans for the Improvements listed on Exhibit A. This information shall be provided to the City in the following formats: (a) 1-set mylar drawings (22” x 34”) for all Improvements. (b) 1-set paper drawings (22” x 34”) for all Improvements. (c) Individual Adobe.pdf (or approved equivalent) for all plan sheets and the final plat. All Record Drawings shall include the following information: (a) All bench marks shown on plans (bench marks shall be top nut of hydrants). (b) Swing ties to all gate valves shown on plans (ties should be to manholes, catch basins, hydrants or other permanent objects. (c) Swing ties to curb stops shown on plans (ties should be to manholes, catch basins, hydrants, property corners or other permanent objects). (d) Top of casting and invert elevation for all structures. (e) All pipe sizes, material type, pipe classification, grades and lengths (f) All horizontal and vertical curve data in the appropriate location on the plans. (g) Televised report of the sanitary sewer with videotape. Watercrest of Hugo 2nd Addition 6 (h) Swing ties to any manhole or catch basin outside the roadway area. (i) A text file including the x, y and z coordinates (based on Washington County’s coordinate system) for the following: 1. All curb stops 2. All hydrants 3. All gate valves 4. All manholes located outside of the roadway 9. Construction Warranty and Financing of Improvements. The Developer agrees to construct the Improvements described herein at its own expense and in accordance with City specifications. The Developer shall engage at its own expense a registered, professional civil engineer to prepare plans and specifications for the Improvements and shall submit the same to the City for review and approval. The Developer represents and warrants that all of the Improvements made as a part of this development shall be guaranteed to be properly functioning as designed for a period of not less than one (1) year following acceptance of the entire project by the City. In the case of any material or labor that is supplied and that is reasonably rejected by the City as defective or unsuitable, then the rejected materials shall be removed and replaced with approved material, and the rejected labor shall be done anew to the reasonable satisfaction and approval of the City at the sole cost and expense of the Developer. In any event, none of the warranty periods expressed herein shall begin to run until all of the Improvements within the Plat have been approved and accepted by the City. The Developer’s engineer shall certify that grading within the Plat was completed in accordance with the approved Grading, Drainage and Erosion Control Plan before the City issues any building permits. The Developer shall remain ultimately responsible for accurate grading of all lots and shall correct any deficiencies in grading that may be discovered until the certificate of occupancy is issued for the applicable lot or the Developer is released from its obligation under this Agreement as outlined in paragraph 7 above. 10. Signs. The Developer shall prepare a plan for all regulatory, directional and street name signs to be within the Plat. The plan shall be reviewed and approved by the City’s public works department. Upon plan approval, the City’s public works department shall install all public signage within the Plat. The installation of all private signage shall be the responsibility of the Developer. All costs related to the installation of public signage shall be the responsibility of the Developer and will be deducted from the Developer’s escrow account. The Developer shall post funds as outlined in Exhibit C prior to the City’s public works department beginning the installation. 11. Drainage Easements. a) Work within Easements: No improvements, landscaping, or grading, other than Improvements shown on the approved plans, shall be permitted in dedicated drainage Watercrest of Hugo 2nd Addition 7 easements without the prior written permission of the City and any regulatory agency having jurisdiction. b) Maintenance Responsibilities: The Developer and its successors in interest, including all individual homeowners, shall be responsible for routine maintenance of all storm water management ponds, wetlands, and drainage areas within easements dedicated to the City on their property. Routine maintenance shall include litter removal, mowing and maintenance of the property adjacent to pond or wetland areas. In the case of drainage swales, routine maintenance includes the removal of obstructions from the swale as necessary to maintain proper drainage in addition to the aforementioned items. The City shall be responsible for non-routine maintenance of storm water ponds within the easements, including pond dredging, maintenance of the storm water inlet(s) and outlet(s) pipes, and erosion control at outlet and inlet locations. Such maintenance shall be completed as deemed necessary by the City. 12. Wetland Signage: Permanent signage shall be placed along wetland edges as outlined in the City’s General Specification and Standard Details Manual or approved equal by the City. 13. Lowest Floor Elevations. All minimum floor elevations shall comply with Section 90-171 of the Hugo Zoning Ordinance, the City’s Comprehensive Stormwater Management Plan, or the approved Grading, Drainage, and Erosion Control Plan, whichever is more restrictive. Except as may be specifically allowed under Exhibit A, no building shall be constructed on any of the lots herein unless the lowest floor elevation is at least three (3) feet above the 100-year flood elevation or four (4) feet above the high groundwater elevation, whichever is greater, for the subject property. Additionally, the lowest floor elevation shall be specifically referenced and designated, for each lot, on a certificate of survey, which survey shall be provided to the City before any building permits are issued for any lots within the Plat. 14. Landscaping. All disturbed areas within the Plat shall be landscaped in accordance with the approved landscape plans, the City ordinances, and the City’s General Specification and Standard Details Manual. All landscaping shall be complete, established and growing within sixty (60) days of issuance of a Certificate of Occupancy, except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. All front yards, side yards and back yards shall be fully sodded. All landscaped areas shall be tilled or otherwise worked mechanically in order to loosen compacted soils and shall contain at least four (4) inches of black dirt containing no more than 35% sand. Unless specific arrangements are made and agreed to by the City, all landscaping installed within the Plat shall be maintained by the Developer and its successors, including all individual homeowners or the homeowners association which is required to be formed by the Developer pursuant to the agreement. All areas, other than proposed street areas, disturbed by grading activities on the site shall be Watercrest of Hugo 2nd Addition 8 seeded. Seeding shall be immediate upon completion of grading activities or as directed by the City Engineer. Seeding shall be completed as follows: a) All areas shall be restored with a minimum of four (4) inches of adequate topsoil prior to seeding. b) Upland areas shall be seeded in accordance with the grading, drainage, and landscape plans listed in Exhibit A. The rate of application shall be one hundred (100) pounds per acre. Areas seeded shall be mulched with Type 1 mulch at a rate of two (2) tons per acre. All mulch shall be disk anchored. c) Wetlands, wetland replacement areas and storm water ponding areas shall be seeded with MN/DOT Seed Mixture 25B, or as required by the permitting regulatory agency. The minimum rate of application shall be thirty (30) pounds per acre, or as recommended by the supplier. d) All seeded areas shall be maintained for the term of this Agreement. Upland areas shall be mowed as necessary or as directed by the City Engineer. e) All disturbed areas within the development shall be maintained to limit vegetation growth to less than ten (10) inches except designated natural areas or designated open spaces as shown on the approved plans. 15. Safe Rooms. The Developer shall require all builders to offer a safe room as an option to any and all potential homebuyers. All safe rooms offered and built within the City must meet or exceed FEMA requirements and standards. B. ESCROWS, CHARGES AND UTILITY OVERSIZING: Developer shall pay the escrows, fees and charges listed on Exhibit C. C. SPECIAL PLANNING REQUIREMENTS: The Plat shall be built and maintained in accordance with the planning requirements listed on Exhibit A hereto, and any miscellaneous requirements listed on Exhibit B hereto. D. ADMINISTRATIVE REQUIREMENTS: 1. Miscellaneous Provisions. Developer specifically understands that this Plat approval is given subject to the following requirements: a) Expiration. The final plat documents for the Plat, which is the first phase of the Adelaide Landing preliminary plat, have been submitted to the City Council within one hundred twenty (120) days of preliminary plat approval. The final plat must be recorded with the Washington County Recorder (and the mylar "hardshells" must be fully executed) within sixty (60) Watercrest of Hugo 2nd Addition 9 days of the City Council motion giving final plat approval, unless such deadline is extended by the City Council in its sole discretion, or else said approval shall be null and void. All fees relating to this subdivision shall be paid by the Developer, including the cost of recording documents with Washington County. b) Recording. The Developer shall record this Agreement with Washington County simultaneous with the recording of the Plat, and shall forward confirmation of recording of the Plat and this Agreement to the City prior to the issuance of building permits. All applicable conditions of Plat approval must be met before any deeds are stamped for recording and prior to the recording of the Plat at the Washington County Recorder's Office. Plat approval shall be contingent upon compliance with the approved plans for the Improvements and upon compliance with this Agreement. c) Model Homes. In the event that site grading is approved by the City prior to Plat approval and/or execution of this Agreement, posting of security and filing of the Plat, the Developer shall be entitled to one (1) building permit per housing unit type on lots that abut existing streets or roadways, subject to final approval by the City. No model homes may be constructed or utilized until at least one (1) lift of bituminous has been installed from said model home lot providing access to a public street or roadway outside of the Plat. No certificate of occupancy shall be issued for any model or other home until all necessary public improvements and utilities have been installed and the utilities have been successfully tested. Prior to this, and at the time that a model home passes final inspection, a model home may only be used by Developer’s, authorized builders, staff or realtors for purposes of showing the models to potential buyers. No model home may be used until landscaping conforming to City ordinance and paragraph 14 of this Agreement has been installed except that, if the certificate of occupancy is issued between the dates of October 1 and May 1, then the landscaping required herein shall be complete, established and growing no later than July 1. d) Sales Trailers. The Developer may be entitled to a maximum of one (1) temporary sales office (sales trailer) for this and all subsequent phases of the development for a period of time not to exceed nine (9) months. Upon receipt of an acceptable site plan, a sales trailer may be approved by the City Community Development Director prior to the first model home being available for showing. The trailer is subject to the issuance of a building permit, shall meet all applicable building codes, shall be fully skirted, shall be suitably landscaped, shall contain sufficient parking for the size of the office, and shall have safe and suitable access to a paved, public roadway. The trailer shall be removed, and the site shall be restored within seven (7) days following the date that a model home passes final inspection. e) Deviations. No material deviations from the approved Plat shall be allowed unless approved in writing by the City. Approval herein is also given subject to full compliance with the conditions of approval and findings adopted by the City Council in connection with the approval of the development. Watercrest of Hugo 2nd Addition 10 f) Certificates of Survey. A certificate of survey shall be provided to the City Building Inspector for each lot at the time a building permit is requested for the lot. Attached to the certificate of survey shall be an erosion control plan for the lot showing location and type of all erosion control measures to be used on the lot, and spot elevations, tree preservation plan shall be submitted for each home site. g) Outhouses. The Developer shall provide on-site a sufficient number of portable outhouses to be available for the persons who will be working on-site until Improvements are accepted according to the plans in Exhibit A. h) Property Owners Association. When required as a condition of approval outlined in Exhibit B, the Developer agrees to form a property owners association, membership in which shall be mandatory for all of the lots within this development. The property owners association shall be responsible for maintenance and repair of all common elements as listed in the property owners association documents within this development and the same shall be maintained in good condition in accordance with all City ordinances and reasonable directions of the City. Developer agrees to provide a copy of the property owners association documents to the City prior to the recording of the final plat. In the event of failure or refusal of any property owners association to so maintain or repair the common elements then the City may, with seven days written notice and without regard to the requirements or formalities of Minn. Stat. §429 perform the work and assess each of the lots within the plat for the cost of the work. i) The property owners association documents shall advise owners of all lots of the requirements of this Agreement as follows: THE LAND WITHIN THIS PLAT, INCLUDING THE LAND CONVEYED HEREIN, IS BOUND BY RESTRICTIONS IN A DEVELOPMENT AGREEMENT. SAID DEVELOPMENT AGREEMENT IS ON FILE AT THE OFFICE OF THE WASHINGTON COUNTY RECORDER. j) Developer acknowledges that a separate development agreement will be entered into at the time of final plat approval of subsequent phases in the development. That development agreement will address, among other things, necessary improvements to be made, financial guarantees to be provided, and the amount of the development fees to be paid by the Developer. k) Developer shall remove all tree waste, junk, miscellaneous debris, junk vehicles, and any other personal property from the Plat which does not comply with the City Zoning Ordinance until final acceptance of the Improvements. E. DAMAGES AND DEFAULT: Watercrest of Hugo 2nd Addition 11 1. Developer agrees to pay liquidated damages to the City if any lot has a real estate closing occur before all public improvements within the Plat are certified as being substantially completed by the City. Specifically, Developer agrees to immediately pay to the City liquidated damages in the amount of Ten Thousand Dollars ($10,000.00) for each lot closing which occurs in violation of this paragraph. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. Model Homes are exempt from this section. 2. Developer agrees to pay liquidated damages to the City, in the amount of Five Thousand Dollars ($5,000.00), if the Developer encroaches upon any City road right-of-way or utility easement not permitted on the plans without first obtaining a written permit from the City expressly authorizing said encroachment. The City shall be authorized to retain an appropriate percentage of the financial guarantee referred to in paragraph 4 as security for payment of any liquidated damages owed to the City. 3. Events of Default. a) Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, any one or more of the following events: 1. Subject to unavoidable delays, failure by Developer to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of this Agreement. 2. Failure by Developer to substantially observe or perform any material covenant, condition, obligation or agreement on their part to be observed or performed under this Agreement. b) Remedies on Default. Whenever any Event of Default occurs, the City, subject to any rights of third parties agreed to by the City pursuant to this Agreement, or otherwise by written, executed instrument of the City, may take any one or more of the following: 1. The City may suspend its performance under the Agreement until it receives assurances from Developer, deemed adequate by the City, that Developer will cure their default and continue their performance under the Agreement. Suspension of performance includes the right of the City to withhold permits including, but not limited to, building permits. 2. The City may initiate such action, including legal or administrative action, as is necessary for the City to secure performance of any Watercrest of Hugo 2nd Addition 12 provision of this Agreement or recover any amounts due under this Agreement from Developer, or immediately draw on the financial Letter of Credit, as set forth in this Agreement. 4. Enforcement by City; Damages. The Developer acknowledges the right of the City to enforce the terms of this Agreement against the Developer, by action for specific performance or damages, or both, or by any other legally authorized means. The Developer also acknowledges that its failure to perform any or all of their obligations under this Agreement may result in substantial damages to the City; that in the event of default by the Developer, the City may commence legal action to recover all damages, losses and expenses sustained by the City; and that such expenses may include, but are not limited to, the reasonable fees of legal counsel employed with respect to the enforcement of this Agreement. F. THIS AGREEMENT: 1. Release of Agreement. This Agreement shall run with the land and may be recorded against the title to the property. After the Developer has completed the work required of it under this Agreement, at the Developer’s request the City will execute and deliver to the Developer a release. 2. Warranty of Title. Developer warrants and represents to the City that it is the fee owner of the land described herein, except for a portion of the property, and that it has authority to execute this Agreement, with consent from the other fee owner, and agree to the conditions hereof and to subject the land hereto. Developer also represents and warrants that the use for which this development is sought will not violate any restrictive covenants applying to the property. 3. Binding Effect. This Agreement shall be deemed to be a restrictive covenant and the terms and conditions hereof shall run with the land described herein and be binding on and inure to the benefit of the heirs, representatives and assigns of the parties hereto, and shall be binding upon all future owners of all or any part of the subdivision, and shall be deemed covenants running with the land. Reference herein to the Developers, if there be more than one, shall mean each and all of them. This Agreement shall be placed of record so as to give notice hereof to subsequent purchasers. The cost of said recording shall be borne by the Owner and charged against the escrow account. 4. Restrictions on Transfer/Indemnification. Developer agrees to defend and hold the City, and its officials, employees and agents, harmless against any and all claims, demands, lawsuits, judgments, damages, penalties, costs and expenses, including reasonable attorney's fees, arising out of actions or omissions by Developer, their employees and agents, in Watercrest of Hugo 2nd Addition 13 connection with the Project. No transfer or assignment of this Agreement shall be made without City approval and any assignment or transfer without such approval shall be void. 5. Incorporation by Reference. All general and special conditions, plans, special provisions, proposals, specifications and contracts for the Plat and for any Improvements furnished and let pursuant to this Agreement shall be and hereby are made a part of this Agreement by reference as if fully set out herein in full. 6. Developer will comply with and promptly perform all of its obligations under this Agreement. 7. Evidence of Title. Developer shall furnish the City with evidence of fee ownership of the property being platted by way of an attorneys title opinion or title insurance commitment dated not earlier than thirty (30) days prior to the execution of the Plat. IN WITNESS WHEREOF, the City and Developer have caused this Agreement to be duly executed on the day and year first above written. Watercrest of Hugo 2nd Addition 14 City of Hugo By________________________________ By__________________________________ Tom Weidt, Mayor Michele Lindau, Clerk STATE OF MINNESOTA ) ) ss. COUNTY OF WASHINGTON) On this _____ day of __________________, 20___, before me, a Notary Public, personally appeared Tom Weidt, Mayor, and Michele Lindau, Clerk, of the City of Hugo, a Minnesota municipality within the State of Minnesota, and that said instrument was signed on behalf of the City of Hugo by the authority of the City Council of the City of Hugo, and Tom Weidt and Michele Lindau acknowledge said instrument to be the free act and deed of said City of Hugo. __________________________________________ Notary Public Watercrest of Hugo 2nd Addition 15 Developer Artemis Development Company, LLC., By________________________________ ___________________ Its: ____________________ STATE OF MINNESOTA ) ) ss. (Corporate Notary) COUNTY OF WASHINGTON) On this _____ day of _________________, 20______, before me, a Notary Public, within and for said County and State, personally appeared _____________, to me personally known, who, by me duly sworn did say that he is the __________________of Artemis Development Company, LLC., on behalf of said company. __________________________________________ Notary Public DRAFTED BY: David K. Snyder Johnson & Turner 56 East Broadway Avenue #206 Forest Lake, MN 55025 Watercrest of Hugo 2nd Addition 16 EXHIBIT A LIST OF DEVELOPMENT PLANS *To be updates when plans are approved by City and City Engineer* Sheet No. Plan Date Author 1-2 Final Plat Recorded at Washington County Sathre- Berquist, Inc 1 Title Sheet Sathre- Berquist, Inc 2-6 Streets Sathre- Berquist, Inc 7-11 Sewer and Water Sathre- Berquist, Inc 12-18 Stormsewer Sathre- Berquist, Inc 19-21 Grading Plan Sathre- Berquist, Inc 22 Erosion Control Sathre- Berquist, Inc 23-27 Details Sathre- Berquist, Inc Landscape Plan Stormwater Reuse Plan Watercrest of Hugo 2nd Addition 17 EXHIBIT B APPROVAL CONDITIONS 1. The final plat is approved to allow the construction of 29 single family homes in accordance the approved preliminary plat dated April 9, 2022, revised July 6, 2022, (formally known as Goodview Estates) and the final plat plans received by the City and dated November 28, 2023, except as amended by this resolution. 2. The final plat shall be subject to the preliminary plat approval granted by the City Council on August 1, 2022, and as may be amended. (Resolution # 2022-42). 3. The developer shall obtain all necessary local, state, and federal permits. 4. Development is subject to the R-3 district standards and setbacks as followed. No variances are granted or implied. Minimum Front Yard Setback 30 feet Minimum Side Yard Setback 10 feet Minimum Rear Yard Setback 30 feet 5. The development shall comply with the comments in the City Engineer’s memo dated February 5, 2024, and any red-lined comments from the City Engineer to the developer. 6. Access is prohibited on to Goodview Avenue from individual platted lots. 7. The plans shall be revised to show a sidewalk along the south side of 134th Street from the trail connection to Goodview Aveune. 8. The plat shall be revised to have an outlot over the pond, wetland, and trees behind lots 5- 8, Block 2. 9. Staff will continue to work with the applicant on the location and specification of the trails. 10. Staff will continue to work with the applicant on the street lighting plan. Exact locations of the street lights shall be reviewed and approved by staff prior to installation. 11. Each home shall include a minimum of 2 parking spaces within the driveway. The driveway widths shall be a maximum of 24 feet at the right of way line. Watercrest of Hugo 2nd Addition 18 12. The grading plan shall be revised to move the grading away from adjacent properties to the north to reduce impact to existing trees on the north property line. The applicant shall continue to work with the City on the grading plan for the development. 13. A stormwater re-use system, as shown in the plans, shall be constructed with the development. The final plans shall be reviewed and approved by staff. The system will be installed by the applicant, and owned/operated/maintained by the homeowner’s association. A stormwater reuse agreement shall be reviewed and approved by staff and recoded at Washington County. 14. The developer has indicated that an HOA will be established for the development to own/operate/maintain community areas and the water re-use system. The HOA documents shall be reviewed and approved by staff prior to the recording of the final plat. The following conditions shall be met prior to the Final Plat being recorded: 15. The developer shall pay a park dedication fee of $98,600. 16. The developer shall pay the sewer and water trunk fees for each lot at final plat. The City’s SAC and WAC fees will be paid at the time building permits issued. 17. The developer shall enter into a development agreement, shall agree to complete all improvements, and pay all fees as required by the agreement. 18. The developer shall enter into a stormwater reuse agreement with the City for the stormwater reuse system. 19. The developer must obtain all necessary stormwater management and wetland conservation act (WCA) permits from the City. The following conditions shall be met prior to the issuance of building permits: 20. The applicant shall file the final plat, development agreement and associated documents with Washington County. Proof of recording shall be provided to the City. 21. The applicant shall submit one full set of approved final plans to the City. 22. The applicant shall provide copies of the property owners association documents/covenants for City review and approval. A copy of the document shall be filed for recording with the final plat. Watercrest of Hugo 2nd Addition 19 23. If a sales trailer is located in the property, a site plan and building elevations shall be submitted for City review and approval. The following conditions shall be met prior to the issuance of any certificate of occupancy: The trail connection between Watercrest of Hugo and Watercrest of Hugo 2nd Addition shall be constructed. The trail is located on Outlot B, Watercrest of Hugo. Watercrest of Hugo 2nd Addition 20 EXHIBIT C ESCROWS, FEES AND CHARGES a) Escrow for City Costs and Fees. The Developer shall deposit sufficient escrow with the City as outlined in Section A. 1. The required beginning balance in the account is calculated at $_______________. This sum is calculated to be four percent (4%) of the estimate of the required Improvements to be installed to serve the development, plus $5,000 which is the minimum balance required in the account. b) Cash Escrow or Letter of Credit. The Developer shall provide a financial guarantee to the City, in the form of a cash escrow or letter of credit, in the amount equal to one hundred twenty-five percent (125%) of the estimated amount of the required Improvements. This amount has been calculated by the City Engineer to be $________________. This amount may be reduced upon request of the Developer and approved by the City. At no point shall the Letter of Credit be reduced below ten percent (10%) of the original amount. The City shall have the right to retain the financial guarantee until the Improvements have been completed to the satisfaction of the City and the warranty period has expired. c) Storm Water Trunk Fee. The Developer shall pay the City a Storm Water Trunk Fee in the amount of $____________. This sum is calculated to be $0.07 per square foot for the _______ square feet of net developable area within the Plat. d) Storm Water Ponding Fee. The storm water ponding requirement has been met by the Developer through the incorporation of on-site ponding. No storm water ponding fee will be applied. e) Snow Plowing. The Developer agrees to pay a one-time lump sum cash escrow to the City to cover the cost of snow plowing the roads within the plat, during the first snow season, before the roads are formally accepted by the City of $.50 per lineal foot. The Developer shall post a cash escrow with the City in the amount of $__________. f) Pavement Maintenance Fee. The Developer shall post a one-time lump sum cash escrow with the City in the amount of $________ to cover the cost of the first pavement maintenance method of the streets in the Plat. This sum is calculated to be $4.00 per foot for the_____feet of streets within the Plat. g) Park Dedication. The Developer agrees to pay a park dedication fee of $3,400 per lot for residential development payable before the final plat is signed by the City. Watercrest of Hugo 2nd Addition 21 Said fee shall be due for each of the 30 lots within the Plat. Total due is $98,600. h) Cul-de-sac Escrow. N/A i) Escrow for Street Signage. Developer shall deposit $1,000 into an escrow account with the City. This amount represents an estimated cost of $500/sign for 2 signs to be installed within the development. j) WCA Escrow. N/A k) Sanitary Sewer Trunk Fee. The developer shall pay the City a sanitary sewer trunk fee in the amount of $47,328. This sum is calculated to be $1,632.00 per lot for the 29 residential lots within this phase. l) Water Trunk Fee. The Developer shall pay the City water trunk fee in the amount of $__________. This sum is calculated to be $1,960 per lot, with credit provided for the stormwater reuse/irrigation system based on the anticipated reduction in water demand. The reduction is calculated at _________%, resulting in a trunk water fee amount of $_______ per lot. The total is based on the reduced per unit fee applied to the 30 lots in the plat. Watercrest of Hugo 2nd Addition 22 EXHIBIT D IRREVOCABLE LETTER OF CREDIT No._______________ Date: ______________ TO: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 Dear Sir or Madam: We hereby issue, for the account of __________________________, and in your favor, our Irrevocable Letter of Credit in the amount of $________________, available to you by your draft drawn on sight on the undersigned bank. The draft must: a) Bear the clause, “Drawn under Letter of Credit No. ____________, dated ________________, 20__, of _________________”; b) Be signed by the City Administrator; and, c) Be presented for payment at ____________________________________________ on or before 4:00 p.m. on _______________________, _____. This Letter of Credit shall automatically renew for successive one (1) year terms unless, at least forty-five (45) days prior to the next annual renewal date (which shall be _________________ of each year), the Bank delivers written notice to the Hugo City Clerk that it intends to modify the terms of, or cancel, this Letter of Credit. Written Notice is effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail at least forty-five (45) days prior to the next annual renewal date addressed as follows: Hugo City Clerk, City of Hugo, 14669 Fitzgerald Avenue North, Hugo, Minnesota 55038, and is actually received by the City Clerk at least thirty (30) days prior to the renewal date. This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended, amplified or limited by reference to any document, instrument or agreement, whether or not referred to herein. This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than Watercrest of Hugo 2nd Addition 23 one draw may be made under this Letter of Credit. This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for Documentary Credits, International Chamber of Commerce Publication No. 400. We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored upon presentation. By: Its Watercrest of Hugo 2nd Addition 24 EXHIBIT E CERTIFICATE OF INSURANCE PROJECT: CERTIFICATE HOLDER: City of Hugo 14669 Fitzgerald Avenue North Hugo, MN 55038 INSURED: ADDITIONAL INSURED: City of Hugo AGENT: WORKERS’ COMPENSATION: Policy No. Effective Date: Expiration Date: Insurance Company: COVERAGE – Workers’ Compensation, Statutory. GENERAL LIABILITY: Policy No. Effective Date: Expiration Date: Insurance Company: ( ) Claims Made ( ) Occurrence LIMITS: [Minimum] Bodily Injury and Death: Watercrest of Hugo 2nd Addition 25 $500,000 for one person $1,000,000 for each occurrence Property Damage: $200,000 for each occurrence -OR- Combination of Single Limit Policy $1,000,000 or more COVERAGE PROVIDED: Operations of Contractor: YES Operations of Sub-Contractor (Contingent): YES Does Personal Injury Include Claims Related to Employment? YES Completed Operations/Products: YES Contractual Liability (Broad Form): YES Governmental Immunity is Waived: YES Property Damage Liability Includes: Damage Due to Blasting YES Damage Due to Collapse YES Damage Due to Underground Facilities YES Broad Form Property Damage YES AUTOMOBILE LIABILITY: Policy No.: Effective Date: Expiration Date: Insurance Company: (X) Any Auto LIMITS: [Minimum] Watercrest of Hugo 2nd Addition 26 Bodily Injury: $500,000 each person $1,000,000 each occurrence Property Damage: $500,000 each person -OR- Combined Single Limit Policy: $1,000,000 each occurrence ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY DAMAGE ON ANY OF THE ABOVE COVERAGES: If so, list: Amount: $ [Not to exceed $1,000.00] SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL MAIL THIRTY (30) DAYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE IS ISSUED. Dated at on BY: Authorized Insurance Representative Watercrest of Hugo 2nd Addition 27 EXHIBIT F Legal Description SITESHEET 1 OF 3 SHEETSSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLAKNOW ALL PERSONS BY THESE PRESENTS: That Artemis Development Company, LLC, A Minnesota limited liability company, fee owner of the following described property situated in the Countyof Washington, State of Minnesota, to wit:The North Half of the Southeast Quarter of Section 29, Township 31, Range 21, Washington County, Minnesota, except that part of the above described property as follows:Commencing at the Southeast corner of the Northeast Quarter of the Southeast Quarter of Section 29, Township 31, Range 21; thence North along the East line of said Section a distance of 40 rods;thence West a distance of 40 rods; thence South a distance of 40 rods to the Southerly line of the Northeast Quarter of the Southeast Quarter; thence East along said line a distance of 40 rods to thepoint of beginning.Has caused the same to be surveyed and platted as WATERCREST OF HUGO and does hereby dedicate to the public for public use the public ways, as shown on the plat, and also dedicate the drainage andutility easements as created by this plat.In witness whereof said Artemis Development Company, LLC, A Minnesota limited liability company, has caused these presents to be signed by its proper officerthis day of , 20 .By: Artemis Development Company, LLC Jake Walesch, Chief ManagerSTATE OF MINNESOTA, COUNTY OF ________________________This instrument was acknowledged before me on this day of , 20 , by Jake Walesch, Chief Manager of Artemis Development Company, LLC, A Minnesota limitedliability company, on behalf of the company.My Commission Expires:Notary Public, ________________ County, MinnesotaPrinted NameSURVEYORS CERTIFICATION I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been set, or will be correctly set within one year;that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20 .Daniel L. SchmidtSTATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me on this day of , 2020 , by Daniel L. Schmidt, Licensed Land Surveyor, Minnesota Licence No. 26147.My Commission Expires:Notary Public, Hennepin County, MinnesotaPrinted NameCITY OF HUGO, MINNESOTAThis plat was approved by the City Council of the City of Hugo, Minnesota, on this day of , 20_____, and hereby certifies compliance with allrequirements as ser forth in Minnesota Statues, Section 505.03, Subdivision 2.Signed: Signed: MayorClerkCOUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of, 20 .By: By: Washington County SurveyorCOUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9, and Section 272.12, taxes payable in the year 20 , on the real estate hereinbefore described, have been paid; and there are no delinquent taxes, andtransfer has been entered on this day of , 20 .By: By: Washington County Auditor/Treasurer DeputyCOUNTY RECORDERDocument Number ______________________I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 20 , at o'clock . M. and wasduly recorded in Washington County Records.By: By: Washington County Recorder DeputyVICINITY MAPSECTION 29, TOWNSHIP 31N, RANGE 21W(NOT TO SCALE)NORTHWATERCREST OF HUGO ROW2ΔΔOUTLOT C(SEE SHEET 3OF 3 SHEETS)INSET AGOODVIEW AVE. N.OUTLOT BOUTLOT A0SCALE IN FEET1005050100200The basis for the bearing system is the east lineof the north half of Section 29, Township 21,Range 31, and is assumed to bearNorth 00 degrees 43 minutes 56 seconds EastDenotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.Denotes a 1/2 inch pipe found and marked as notedDenotes a Found Cast-Iron-MonumentSHEET 2 OF 3 SHEETSSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHWATERCREST OF HUGO ΔΔ Δ28121110913ΔΔΔ ΔΔΔΔΔΔΔ3 6547Δ 215436789101112131415ΔΔΔΔΔ ΔΔΔ ΔΔΔΔΔ1716ΔΔΔΔΔ ΔΔ Δ 134TH STREET N.134TH COURT N.FREELAND AVE. N.ΔΔ121211INSET ASHEET 3 OF 3 SHEETSSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLA(FROM SHEET 2 OF 3 SHEETS)WATERCREST OF HUGO0SCALE IN FEET4020204080The basis for the bearing system is the east lineof the north half of Section 29, Township 21,Range 31, and is assumed to bearNorth 00 degrees 43 minutes 56 seconds East(SEE SHEET 2 OF 3 SHEETS)Denotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.NORTHNOT TO SCALE10 55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS: SHEET 1 OF 2 SHEETSSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLAKNOW ALL PERSONS BY THESE PRESENTS: That Artemis Development Company, LLC, A Minnesota limited liability corporation, fee owner of the following described property situated in theCounty of Washington, State of Minnesota, to wit:OUTLOT A, WATERCREST OF HUGO, according to the recorded plat thereof, Washington County, Minnesota.Has caused the same to be surveyed and platted as WATERCREST OF HUGO 2ND ADDITION and does hereby dedicate to the public for public use the public ways, as shown on the plat, and also dedicatethe drainage and utility easements as created by this plat.In witness whereof said Artemis Development Company, LLC, A Minnesota limited liability corporation, has caused these presents to be signed by its proper officer this day of , 20_____.By: Artemis Development Company, LLC Jake Walesch, Chief ManagerSTATE OF MINNESOTA, COUNTY OF ________________________This instrument was acknowledged before me on this day of , 20_____, by Jake Walesch, Chief Manager of Artemis Development Company, LLC, A Minnesota limitedliability corporation, on behalf of the company.My Commission Expires:Notary Public, ________________ County, MinnesotaPrinted NameSURVEYORS CERTIFICATION I Daniel L. Schmidt do hereby certify that this plat was prepared by me or under my direct supervision; that I am a duly Licensed Land Surveyor in the State of Minnesota; that this plat is a correctrepresentation of the boundary survey; that all mathematical data and labels are correctly designated on this plat; that all monuments depicted on this plat have been set, or will be correctly set within one year;that all water boundaries and wet lands, as defined in Minnesota Statutes, Section 505.01, Subd. 3, as of the date of this certificate are shown and labeled on this plat; and all public ways are shown and labeledon this plat.Dated this day of , 20_____.Daniel L. SchmidtSTATE OF MINNESOTA, COUNTY OF HENNEPINThis instrument was acknowledged before me on this day of , 20_____, by Daniel L. Schmidt, Licensed Land Surveyor, Minnesota Licence No. 26147.My Commission Expires:Notary Public, Hennepin County, MinnesotaPrinted NameCITY OF HUGO, MINNESOTAThis plat was approved by the City Council of Hugo, Minnesota, on this day of , 20_____, and hereby certifies compliance with all requirements as serforth in Minnesota Statues, Section 505.03, Subdivision 2.Signed: Signed: MayorClerkCOUNTY SURVEYORPursuant to Chapter 820, Laws of Minnesota, 1971, and in accordance with Minnesota Statutes, Section 505.021, Subd. 11, this plat has been reviewed and approved this day of, 20_____.By: By: Washington County SurveyorCOUNTY AUDITOR/TREASURERPursuant to Minnesota Statutes, Section 505.021, Subd. 9, and Section 272.12, taxes payable in the year 20 , on the real estate hereinbefore described, have been paid; and there are no delinquent taxes, andtransfer has been entered on this day of , 20_____.By: By: Washington County Auditor/Treasurer DeputyCOUNTY RECORDERDocument Number ______________________I hereby certify that this instrument was recorded in the Office of the County Recorder for record on this day of , 20_____, at o'clock . M.and was duly recorded in Washington County Records.By: By: Washington County Recorder DeputyWATERCREST OF HUGO 2ND ADDITION 5Δ1234867109Δ62457831432178569Δ2ΔΔΔGLENBROCK AVENUE N.134TH STREET N.1122334110SCALE IN FEET4020204080The basis for the bearing system is the east lineof the north half of Section 29, Township 21,Range 31, and is assumed to bearNorth 00 degrees 43 minutes 56 seconds East(FROM SHEET 2 OF 4 SHEETS)Denotes a 1/2 inch by 14 inch iron pipe set and markedby License No. 26147.Denotes a 1/2 inch pipe found and marked by LicenseNo. 26147.SHEET 2 OF 2 SHEETSSRRGNNE ENIG EDESIENN SATHRE-BERGQUIST, INC.SUSSYRS OER EVRPLANORTHNOT TO SCALE10 55Being 5 feet in width and adjoining lot lines, unless otherwiseindicated, and being 10 feet in width and adjoining right of waylines, unless otherwise indicated, as shown on this plat.10 DRAINAGE AND UTILITY EASEMENTS ARE SHOWN THUS:WATERCREST OF HUGO 2ND ADDITION BIRCH TREE PONDS 4TH ADDITIONBIRCH TREE PONDS 4TH ADDITION135TH STREET NFREELAND AVE. N GENEVA AVE. N 135TH STREET NGOODVIEW AVE. N134TH STREET NGLENBROCK AVE N 134TH STREET N134TH COURT NFOXHILL COURT N Pond #1ENWL-928.0HWL-930.1Pond #1SWNWL-927.0HWL-928.1Pond #1NWNWL-928.0HWL-929.8Sed BasinPond 1NWNWL - 929.5HWL-930.1Basin 2SWTop Sand - 929.3Outlet -929.8HWL-930.2Pond #1SEGW-+/-927.5WL-929.0HWL-930.8Wetland E12,680 sfWetland D174,748 sfUplandWetland ANorth Line OnlyWetland F18,578 sfWETLAND DELINEATEDNORTH OF LINEWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWBWB10' Trail Easement 10' Trail Easement 10' Trail Easement 8' Paved Trail8' Paved Trail8' Gravel Trail8' G r a v e l T r a i l8' Gravel TrailWetland A16,440 sfEasementEntryMonument70.580.080.280.280.280.280.280.280.280.270.580.280.270.580.1 80.2 80.2 80.2 80.280.280.280.1 70.580.280.280.280.280.289.380.280.270.560.980.280.280.280.280.280.280.280.280.280.2 80.2 80.2 80.280.180.170.780.280.280.2 80.2 80.2 80.2 80.2 80.2 80.2STOPSTOPSTOP932932936940942942940938 936 934 932930930930926924922924926930930928928928 932940938936 932930930930 930 928 926 924 922 9209269309309289249229209189169149129109109129149169189 2 0 9 2 2 92 49269 3 0 93 2 9 3 4 942942886888890892894896898900902906908910912914916918920922924926928930930930926922914912910900902904906908910912914916918920922924926928930932936938940940938936932942942940940938940942938936942940938940936934942944892894896898900902904906908910912914916918920922924926926924926932 934936936938932930 900904906910914920922926928930 930932934936938940942944944930932934936938940942932930930 932934936938940942 942 932 934936938940 932930930930 930 932934936938940940938932932932936938940938936930 930 928 926 930930930930930930926924928922920918916914912910908906904908 910 914 916 918 920 924 922 926 928 930 934 934 934 934936938940932932 934934932930928926924918 920 924 926 932 930 928 926924920918 924 928 930 932 934 936 940 942942 936 934932930938 940 942 934 932934936938940942944944942940938936938940934936938938 940942942942940 93893693693894094093893694294093893494294093893693693894094294494494294294293 8 936934932940938934932 936932936 936930914 916 91 8 92 0 92 2 92 4 926 928 93 0 93294 4 942 940 938 936 938 940 942 944 942940938 938936 934 932 930920922924926928934936938940944942940936938940 942938940938926924928930B4FES B1INV: 928.0B2F2F4B6B5FES B8B7B3F3FES C1INV: 928.0C2C4C3C5C7FES C8FES F1INV: 928.0A1A2B9FES B11FES B10M2FES M1INV: 927.0C6HBOE:937.9 HBOE:944.4 HBOE:941.4 HBOE:944.0HBOE:938.7GOODVIEW AVE N.135TH STREETWATERCREST OF HUGO OVERALL LANDSCAPE PLAN 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTION2NOT TO SCALENOT TO SCALE3145LANDSCAPE NOTESSEEDING NOTES L-1.0 BIRCH TREE PONDS 4TH ADDITIONBIRCH TREE PONDS 4TH ADDITIONFREELAND AVE. N134TH STREET N134TH COURT NFOXHILL COURT N Pond #1SWNWL-927.0HWL-928.1Pond #1NWNWL-928.0HWL-929.8Sed BasinPond 1NWNWL - 929.5HWL-930.1Basin 2SWTop Sand - 929.3Outlet -929.8HWL-930.2UplandWBWBWBWBWBWBWBWBWBWBWBWB8' Paved Trail8' Gravel Trail8' Gravel Trail89.380.280.270.560.980.280.280.280.280.280.280.280.280.280.2 80.2 80.2 80.280.180.170.780.280.280.2 80.2 80.2 80.2 80.2 80.2 80.2STOP932932936940942942940938 936 934 932930930930926924922924926930930928928928 93 2940938936 93293093093 0 930 928 926 924 922 9209269309309289249229209189169149129109109129149169189 2 0 9 2 2 9 2 49269 3 0 9 3 2 9 3 4 942942886888890892894896898900902906908910912914916918920922924926928930930930926922914912910900902904906908910912914916918920922924926928930932936938940940938936932942942940940938940942938936942940938940936934942944 892894896898 90 0 902904906908910912914916918920922924926926924926932934936936938932930 900 904 906 910 914920922926928930 930932934936938940942944944930932934936938940942932930930 932934936938940942 942 932 934936938940 932930930930 930 932934936938940940938932932932936938940938936930 930 928 926 733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLANDSCAPE SCHEDULE: LANDSCAPE LEGEND: WATERCREST OF HUGO OVERALL LANDSCAPE PLAN L-1.1 GENEVA AVE. N GOODVIEW AVE. N134TH STREET NGLENBROCK AVE NPond #1ENWL-928.0HWL-930.1Pond #1SEGW-+/-927.5WL-929.0HWL-930.8Wetland E12,680 sfWetland D174,748 sfUplandWetland ANorth Line OnlyWetland F18,578 sfF2F1F3F4F5F6F7F8F9F10F11F12F13F14F24F25F26F27F23F29F28F22F21F20F19 F18 F17 F16 F15 OUTLOT BWETLAND DELINEATEDNORTH OF LINEWBWBWBWBWBWBWBWBWBWBWBWBWBWBWB10' Trail Easement 10' Trail Easement 10' Trail Easement 8' Paved Trail8' Gravel Trail EasementEntryMonument70.580.080.280.280.280.280.280.280.280.270.580.280.270.580.1 80.2 80.2 80.2 80.280.280.280.1 70.580.280.280.280.280.2 STOPSTOP930930928930930930930 930930926924928922920918916914912910908906904908 910 914 916 918 920 924 922 926 928 930 934 934 934 934936938940932932 934934932930928926924918 920 924 926 932 930 928 926924920918 924 928 930 932 934 936 940 942942 936 934932930938 940 942 934 932934936938940942944944942940938936938940934936938938 940942942942940 938936936938940940938936942940938934942940938936936938940942944944942942942938 936934932940938934932 936932936936930 914 916 91 8 92 0 9 2 2 92 4 926 928 930 93294 4 942 940 938 936 938 940 942 944 942940938 938936 934 932 930920922924926928934936938940944942940936938940 942938940938926924928930B4FES B1INV: 928.0B2F2F4B6B5FES B8B7B3F3FES C1INV: 928.0C2C4C3C5C7FES C8FES F1INV: 928.0A1A2B9FES B11FES B10M2FES M1INV: 927.0C6HBOE:937.9 HBOE:944.4 HBOE:941.4 HBOE:944.0HBOE:938.7733 Marquette AvenueMinneapolis, MN 55402612.758.3080www.alliant-inc.comSuite 700FOR REVIEW ONLYPRELIMINARYNOT FOR CONSTRUCTIONLANDSCAPE LEGEND: WATERCREST OF HUGO OVERALL LANDSCAPE PLAN L-1.2 2024 City Council Focus Goals •Complete evaluation of water reuse projects •Address impacts of the White Bear Lake Court Order •Continue to promote conservation practices through education and incentives •Be a leader in regional activities related to water resource management •Strive for City‐wide self‐reliance concerning water Conservation  Efforts •Work toward development of the Egg Lake property on Hwy 61 •Continue working on programs to encourage new businesses and expansions •Strengthen partnerships with Washington County, HBA, and marketing entities •Seek infrastructure improvements to promote economic development •Evaluate costs and benefits of street and utility improvements near 165th Street Economic  Development •Review policies on apartments and single‐family lots •Review Design Guidelines for commercial and industrial development •Evaulate shoreland regulations  •Discuss area planning near 165th Street and Highway 61 •Develop zoning regulations concerning cannabis Community  Development •Reconstruct Dellwood Ridge area streets •Complete ongoing maintenance activities on JD2 and JD3. •Complete Hwy 61 visioning study •Prepare paving plan for 165th Street •Planning for Elmcrest Ave and Otter Lake Road Infrastructure •Work on planning and construction of Northstar Trails and wetland banking •Participate in planning for Hardwood Creek and Glacial Hills Regional Trails •Develop ongoing programming strategy •Continue planning for Oneka Lake Park/Bernin property •Plan for volunteer plaza/veterans memorial in Lions Volunteer Park Parks  Projects •Consider organizational and operational recommendations for Fire Department •Conduct regular evaluations of emergency services •Target recruitment efforts toward daytime firefighters •Evaluate staffing needs of the Washington County Sheriff's Department Public Safety •Evaluate all facilities for deficiencies •Update personnel and related HR policies •Review communication strategy and launch new City website •Begin process to review City's fiscal policies Administration 2024 Ongoing Priorities •Continue to provide training and education opportunities •Continue firefighter recruitment and retention  •Continue internship program •Recruit qualified citizens for commissions •Provide adequate resources and technology •Monitor development activity and adjust staffing levels Maintain Quality  Staff •Hold joint workshops with each Commission/Board •Continue training new Commissioners and Council Members •Continue to promote leadership within the Commissions/Boards  Work   Collaboratively  with  Commissioners •Develop long‐term strategies for industrial development •Proceed with street reconstruction program •Share services with neighboring communities •Manage growth responsibly Build a Diverse  and Stable Tax   Base •Provide transparency by keeping up‐to‐date postings in newsletters,  website, and cable bulletin board •Maintain relationships with HBA, Senior's Club, Lions Club, American  Legion, Food Shelf, YRN, recreational and other civic organizations •Continue annual citywide bus tour •Expand social networking where possible •Continue open meetings with residents Continue  Community  Outreach Efforts •Keep apprised of legislative issues that impact budgeting •Remain involved in LMC and Metro Cities activities •Work with Greater MSP and other regional entities Maintain  Legislative  Relationships •Continue discussions with school districts, counties, watershed districts,  neighboring municipalities and other local and state agencies on regional  issues •Review police protection services annually Build and  Maintain  Regional  Partnerships CITY OF HUGO PARKS COMMISSION REPORT TO: Bryan Bear, City Administrator FROM: Shayla Denaway, Parks Planner SUBJECT: MN DNR Outdoor Recreation Grant Application DATE: February 1, 2024 for the City Council meeting of February 5, 2024 1: INTRODUCTION: Staff is recommending approval of a resolution in support of application to the Minnesota Department of Natural Resources Outdoor Recreation Grant Program. Grant funding would be used to construct park amenities at Bernin Park adjacent to Oneka Lake. 2: PROJECT BACKGROUND: The City of Hugo received a MN DNR Outdoor Recreation Grant to purchase property located at 6540 Greene Avenue North from Bruce and Ginny Bernin in 2002. The property continued to be leased back to the Bernins for their use until September 2022. In November 2022, the Bernin Estate sold to the City of Hugo an additional .52 acre lot located at 15230 Greene Avenue North. In 2023, the park was master planned with the intention of constructing passive park amenities and making the property available for public use. A neighborhood meeting was held on June 27, 2023. Minimal changes to the draft plan were requested by the residents and there was support from the Bernin family. The master plan was approved by the Council on August 21, 2023. The master plan includes construction of a parking lot off Greene Avenue North, a combination of paved and gravel trails, signs, benches, and a fishing pier. Trails would connect to Oneka Lake Park (an active park) and trails in the Shores of Oneka Lake. Access to and views of Oneka Lake will be provided to residents. WSB was authorized at the August 21, 2023 City Council meeting to draft construction plans for the park. The plans are currently being drafted and are anticipated to be complete in the next month. 3: GRANT REQUIREMENTS: The MN DNR Outdoor Recreation Grant Program assists local governments in acquiring parkland or developing or redeveloping outdoor recreation facilities. The grant reimburses up to 50% of the project costs. The maximum grant awarded is $350,000 for a total maximum project cost of $700,000. The proposed Bernin Park improvements are estimated to cost $700,000 to $1,000,000. The required 50% match and additional construction costs would come out of the Special Park Fund. Proposed projects must have public participation in the design. The park must remail available to all persons without discrimination and facilities constructed must meet Americans with Disabilities standards. A deed restriction is also required to ensure its public use in perpetuity. Application Requirements include: • Application Summary • Project Narrative • SCORP Project Breakdown • Cost Breakdown • Project Site Evaluation: IPAC Report, SHPO Date request, Environmental Screening Form • Public Participation • Availability • Statement of Accessibility • Applicant Resolution • Maps and Plans 4: PROPOSED TIMELINE: The city may submit a draft application for informal staff review by February 29, 2024. The final application is due April 1, 2024. Staff intends to submit the pre-application for informal review. Notifications of award are sent in the summer. Construction may start in late 2024 but is likely to start in 2025. All work must be completed by June 30, 2026. 5: STAFF RECOMMENDATION Staff recommends approval of submittal of an application for the MN DNR Outdoor Recreation Grant to construct passive park amenities at Bernin Park. Staff recommends approval of the attached resolution. 6: ATTACHMENTS 1. Bernin Park Master Plan 2. Resolution RESOLUTION 2024-## APPROVING APPLICATION FOR MN DNR OUTDOOR RECREATION GRANT to SERVE BERNIN PARK BE IT RESOLVED that, the City of Hugo, act as legal sponsor for the project contained in the Outdoor Recreation Grant application to be submitted on April 1, 2024 and that Shayla Denaway is hereby authorized to apply to the Department of Natural Resources for funding of this project on behalf of the City of Hugo. BE IT FURTHER RESOLVED that the applicant maintains an adequate Conflict of Interest Policy and, throughout the term of the contract, will monitor and report any actual or potential conflicts of interest to the State, upon discovery. BE IT FURTHER RESOLVED that the City of Hugo has the legal authority to apply for financial assistance, and it has the financial capability to meet the match requirement (if any) and ensure adequate construction, operation, maintenance and replacement of the proposed project for its design life. BE IT FURTHER RESOLVED that the City of Hugo has not incurred any development costs and has not entered into a written purchase agreement to acquire the property described in the Cost Breakdown section on this application. BE IT FURTHER RESOLVED that the City of Hugo has fee title over all the land described in the boundary map or recreational site plan included in the application. BE IT FURTHER RESOLVED that, upon approval of its application by the State, The City of Hugo may enter into an agreement with the State for the above-referenced project, and that the City of Hugo certifies that it will comply with all applicable laws and regulations as stated in the grant agreement including dedicating the park property for uses consistent with the funding grant program into perpetuity. NOW, THEREFORE BE IT RESOLVED that SHAYLA DENAWAY is hereby authorized to execute such agreements as necessary to implement the project on behalf of the applicant. ADOPTED by the City Council on February 5, 2024 ___________________________ Tom Weidt, Mayor ATTEST: _________________________________ Michele Lindau, City Clerk Bernin Park Master Plan Hugo, Minnesota August 2023 | WSB Project number: 022530-000 Scale in Feet 0’200’100’50’ LAKE OVERLOOK LAKE OVERLOOK ACCESSIBLE LAKE OVERLOOK ACCESSIBLE LAKE OVERLOOK OPEN SPACE / FREE PLAY MEADOW BOARDWALK EXISTING PLAY AREA& SHELTER / PLAZA W/ LOOP TRAIL UTILITY EASEMENT 5’ EXISTING SIDEWALK FISHING DOCK PRESERVED MATURE TREES FUTURE PARKING10 CARS - PARK ENTRY STATE OF MN DNRPROPERTY WITH LAKE ACCESS ACCESSIBLE PRAIRIE & WETLAND OVERLOOK PRAIRIE FRINGE BUFFER PRESERVE ICE RIDGE PRESERVE WETLAND, TYP. 50’ ST O R M E A S E M E N T ONEKA LAKEONEKA LAKE PONDPOND ONEKA LAKE ONEKA LAKE PARKPARK BERNIN PARKBERNIN PARK GREEN AVE.GREEN AVE.GOODVIEW AVE.GOODVIEW AVE.152ND ST. N152ND ST. N FUTURE TRAIL & PARK EXPANSION LEGEND PAVED TRAIL CRUSHED GRAVEL TRAIL MOWED TRAIL 8’ PAVED TRAILS BOARDWALK NATURAL TRAIL (AGGREGATE, WOODCHIPS OR MOWED PATH NATIVE PRAIRIE WETLAND TURF GRASS ICE RIDGE 12/1/2024 2:02 PMMeetings in green are scheduled/posted meetings.Su Mo Tu We Th Fr Sa1234567891011 12 13 14 15 16 1718 19 20 21 22 23 2425 26 27 28 29February 2024Su Mo Tu We Th Fr Sa12345678910 11 12 13 14 15 1617 18 19 20 21 22 2324 25 26 27 28 29 3031March 2024February 2024Jan 28293031Feb 123456789107:00pm City Council6:30pm BOZA7:00pm Planning Comm111213141516177:30am HBA Breakfast (Blue Heron)5:00pm FD Annual Banquet (American Legion) 181920212223248:00am Presidents Day7:00pm City Council-Cancel5:30pm EDA6:30pm Hist Comm6:00pm St. Project OpenHse (Oneka Room)7:00pm Parks Comm6:30pm BOZA7:00pm Planning Comm2526272829Mar 12SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY 22/1/2024 2:02 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 3031March 2024Su 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 30April 2024March 2024Feb 2526272829Mar 1234567897:00pm City Council101112131415166:30pm BOZA7:00pm Planning Comm171819202122237:00pm City Council5:30pm EDA6:30pm Hist Comm7:00pm Parks Comm242526272829306:30pm BOZA7:00pm Planning Comm31Apr 123456SUNDAYMONDAYTUESDAYWEDNESDAYTHURSDAYFRIDAYSATURDAY             The following items were distributed at  the Council meeting.  14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762-6300 • www.ci.hugo.mn.us February 6, 2024 Melissa Taphorn Executive Director Washington County Community Development Agency 7645 Currell Boulevard Woodbury, MN 55125 Dear Ms. Taphorn, At its meeting on Monday, February 5, 2024, the Hugo City Council voted to approve this letter of support for Hammer & NER on its application for 2024-2024 CDBG funding. Hammer & NER has two group homes located in Hugo. The funding would be used towards improvements to the buildings including flooring work in the bedrooms and living room spaces of both homes, and the installation of a medication station in each home to make the process of medication distribution smoother for staff and people supported. The funding would provide Hammer & NER the additional resources they need to further their efforts to improve the quality of life for people in the community and their caregivers. Please contact Rachel Juba at (651) 762-6300 or rjuba@ci.hugo.mn.us if you have any questions about the property. Sincerely, Tom Weidt Mayor