HomeMy WebLinkAbout2025.10.06 CC Packet
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. September 15, 2025, Midyear Budget Workshop
2. September 15, 2025, City Council Meeting
3. September 16, 2025, Business Breakfast
4. September 16, 2025, AUAR Joint Workshop
5. September 20, 2025, Good Neighbor Food Shelf Fund Raiser
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
1. Nothing Scheduled
G. CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by the City Council
and will be enacted by one motion and a roll call vote. If a member of the City Council or
the public wishes to discuss an item, that item will be removed from the Consent Agenda and
will be considered separately.
1. Approve Claims Roster
2. Approve Annual Performance Review for Finance Director Anna Wobse
3. Approve Hiring of Ryan Christiansen as New Public Works Worker
4. Approve Appointment of Bob Bienek as Lieutenant on the Hugo Fire Department
5. Approve Resignation of Planning Commissioner Michael R. Kelly
6. Approve Amendment to T-Mobile Lease for Communication Equipment on Water
Tower #3
7. Approve Donation to the Hugo Fire Department from the Hugo American Legion
8. Approve 130th Street Grade Crossing Construction and Maintenance Agreement
9. Approve 130th Street Easement Agreement for Grade Crossing
10. Approve 140th Street Highway-Rail Grade Crossing Closure Agreement
11. Approve Quote from Kraft Contracting and Mechanical for City Hall HVAC
Equipment Replacement
12. Approve Purchase Agreement for Vacant Parcel on 145th Street North
13. Approve Resolution Approving Site Plan and Interim Use Permit (IUP) Requests for a
Solar Farm at 7776 157th Street North
14. Approve Lawful Gambling Exempt Permit for Ducks Unlimited Event on January 23,
2026
15. Approve Fire Department Apparatus Bay Painting Project
Mayor:
Tom Weidt
Councilmembers:
Becky Petryk, Ward 1
Ben Krull, Ward 2
Dave Strub, Ward 3
Mike Miron, At Large
City Council Agenda
Monday, October 6, 2025
Address:
14669 Fitzgerald Ave. N.
Hugo, MN 55038
Phone:
651-762-6300
Website:
www.ci.hugo.mn.us
H. PUBLIC HEARING
1. Assessment Hearing for Beaver Ponds Street Improvement Project
I. UNFINISHED BUSINESS
1. Discussion on Assessment Policy Deviation for the 2026 Street Improvement Project
J. NEW BUSINESS
1. Nothing Scheduled
K. VISITOR PRESENTATIONS
1. Nothing Scheduled
L. COUNCIL PRESENTATIONS
1. Nothing Scheduled
M. ADMINISTRATIVE PRESENTATIONS
1. Schedule Bald Eagle Townhome Neighborhood Meeting on October 9, 2025
N. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON OCTOBER 6, 2025
D.1 September 15, 2025, Midyear Budget Workshop
D.2 September 15, 2025, City Council Meeting
D.3 September 16, 2025, Business Breakfast
D.4 September 16, 2025, AUAR Joint Workshop
D.5 September 20, 2025, Good Neighbor Food Shelf Fund Raiser
Staff recommends Council approve the above minutes as presented.
G. 1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Finance Director Anna Wobse
Anna Wobse was hired as the City’s Accounting Clerk on October 27, 2008, and has worked in
accounts payable and payroll functions. In March 2018, Council approved Anna as the new
Finance Coordinator and in October 2021 as the new Finance Director. City Administrator
Bryan recommends Council approval of the annual performance review for Finance Director
Anna Wobse.
G.3 Approve Hiring of Ryan Christiansen as New Public Works Worker
Staff recommends the hiring of Ryan Christiansen to fill the vacant position of Public Works
Worker. Ryan has experience as a tree service professional as well as equipment operation and
has a strong mechanical background. If approved, Ryan would begin employment with the City
on October 20, 2025. Staff recommends Council approval to hire Ryan Christiansen at Pay
Grade 5, Step 3.
G.4 Approve Appointment of Bob Bienek as Lieutenant on the Hugo Fire Department
There were three letters of interest for the open lieutenant position at the Fire Department. After
interviews were conducted on September 18, 2025, Bob Bieniek was found to be the best fit for
the position. Bob has been with the Fire Department since December of 2008, served as a
lieutenant from September 2011 to February 2014, then as a captain until December 2021. Staff
recommends Council approve the appointment of Bob Bieniek as lieutenant on the Hugo Fire
Department.
G.5 Approve Resignation of Planning Commissioner Michael R. Kelly
At its November 21, 2022, City Council meeting, Council approved the appointment of Michael
Kelly to the Planning Commission. On September 25, 2025, Michael submitted his letter of
resignation. Staff recommends Council approve the resignation of Michael Kelly from the
Planning Commission effective immediately.
G.6 Approve Amendment to T-Mobile Lease for Communications on Water Tower #3
Staff has negotiated an amendment to the current T-Mobile water tower antenna site lease. The
lease expired at the end of September, and T-Mobile wishes to keep their communication
antenna equipment on Water Tower #3 (north tower). Staff recommends Council approve the
amendment to the T-Mobile lease agreement subject to minor revisions by staff.
G.7 Approve Donation to the Hugo Fire Department from the Hugo American Legion
The Hugo American Legion would like to donate $1,000 to the Hugo Fire Department from pull-
tab proceeds. All donations to the Fire Department must be approved by the Council. Staff
recommends Council approve the donation of $1,000 to the Hugo Fire Department.
G.8 Approve 130th Street Grade Crossing Construction and Maintenance Agreement
In preparation for the 2026 Street Improvement Project, staff has been working with BNSF
Railway Company and Minnesota Commercial Railway to make accommodations to include a
trail crossing along the north side of 130th Street (US DOT Number 082586J). The City of Hugo
will be responsible for costs associated with the improvements necessary, which include 10-foot
concrete crossing for the one track complete with new rail, ties, ballast, fasteners, along with
appropriate surfacing to carry the improved trail, installation of a signal bell on top of the mast,
flagging services, engineering and inspection. Minnesota Commercial Railway will complete
the work. The agreement includes a $2,500 administrative fee, a $1,000 license fee, and when an
additional $4,000 payment is made, BNSF will grant an easement for the City to enter and use
the BNSF Right-of-Way to construct our portion, use and maintain the crossing. The Exhibit
outlining Minnesota Commercial Railway construction costs has yet to be finalized but will be
based on their standard rates for such items. Staff recommends Council approve the Grade
Crossing Construction and Maintenance Agreement at the 130th Street North grade crossing US
DOT No. 082586J, pending final review and approval from the City Attorney.
G.9 Approve 130th Street Easement Agreement for Grade Crossing
In preparation for the 2026 Street Improvement Project, staff has been working with BNSF
Railway Company and Minnesota Commercial Railway to make accommodations to include a
trail crossing along the north side of 130th Street (US DOT Number 082586J). The existing
easement width the City has for the crossing of the BNSF railway is not sufficient to include the
trail. The attached agreement outlines the terms of the acquiring the additional easement. The
City of Hugo will be responsible for a $2,500 processing fee and the permanent and temporary
easement cost will total $5,000. Staff recommends Council approve the Easement Agreement
for the 130th Street North grade crossing US DOT No. 082586J, pending final review and
approval from the City Attorney.
G.10 Approve 140th Street Highway-Rail Grade Crossing Closure Agreement
In preparation for the 2026 Street Improvement Project, staff has been working with BNSF
Railway Company and Minnesota Commercial Railway to remove the portion of rail that
extends through and terminates at the north side of 140th Street. The rail located within 140th
Street is not used or needed. The City of Hugo will be responsible for doing all necessary
pavement work once the crossing is removed. This work will be coordinated with the Minnesota
Commercial Railway maintenance staff. Staff recommends Council approve the Highway-Rail
Grade Crossing Closure Agreement at the 140th Street North grade crossing DOT No. 082589E,
pending City Attorney final review and approval.
G.11 Approve Quote from Kraft Contracting and Mechanical for City Hall HVAC
Equipment Replacement
City Hall has ten HVAC systems for the City Hall building. Over the past few years, there have
been several failures of the systems that resulted in costly repairs and replacement of parts. Staff
would like to replace six furnaces and eight air conditioners to eliminate future repairs. Staff
received three different quotes and found Kraft Contracting and Mechanical provided the best
quote for this project. Funding is available in the Building Maintenance Fund. Staff recommends
Council approve the quote from Kraft Contracting and Mechanical in the amount of $100,125 for
HVAC replacements.
G.12 Approve Purchase Agreement for Vacant Parcel on 145th Street North
The City has been purchasing property and acquiring easements for the future extension of
Finale Avenue from 145th Street to CSAH 8/Frenchman Road. Staff became aware that a vacant
parcel directly south of Finale Avenue was for sale. This property, if purchased, would be a
missing piece of land that is needed for the road extension and adjacent to land the City already
owns. Staff reviewed assessed values, comparable listing, and sales for vacant parcels in the area.
With that it is staff’s opinion that the listing price of $75,000 was fair for the market. Staff
worked on the offer, and it was accepted. A purchase agreement has been drafted contingent on
City Council approval. Staff recommends approval of the purchase agreement for the vacant
parcel located on 145th Street (PID# 20.031.21.32.0005) with a purchase price of $75,000.
G.13 Approve Resolution Approving Site Plan and Interim Use Permit (IUP) Requests for
a Solar Farm at 7776 157th Street North
Cedar Creek Energy, for Oriana CSG 2020-12, LLC, is requesting approval of a site plan and
interim use permit (IUP) to construct a 5-acre solar farm on a 38.25-acre property located at
7776 157th Street North. At its meeting of September 25, 2025, the Planning Commission held a
public hearing and considered the request. Aside from the property owner, John Lutz, no one
spoke during the public hearing. The Planning Commission discussed the request and comments
received by the public. After discussing the application, the Planning Commission voted
unanimously to recommend that the City Council approve the requests. Staff recommends
Council approve the resolution approving the site plan and IUP requests for a solar farm at 7776
157th Street North.
G.14 Approve Lawful Gambling Exempt Permit for Ducks Unlimited Event on January
23, 2026
Ducks Unlimited North Suburban Chapter 239 has applied for a Lawful Gambling Exempt
Permit to hold a bingo and raffles at their event on January 23, 2026, to be held at the Hugo
American Legion. The permit will be issued by the MN Gambling Control Board after approval
by the City Council. Staff recommends Council approve the Lawful Gambling Exempt Permit
for Ducks Unlimited.
G.15 Approve Fire Department Apparatus Bay Painting Project
Over the last several years the City has been making updates to the fire station that was built in
1999. To complete the project, the Fire Department would like to clean and paint the apparatus
bay and update the drinking fountain with a drinking fountain/bottle filler. Multiple quotes were
received with the best quotes from Fresh Paint and White Bear Plumbing. Public Works staff
will be utilized for moving most of the equipment and items before and after the project. The
total cost of the project will be $32,975, and the Finance Director has indicated there are
sufficient funds in the Building Maintenance Fund for the work. Staff recommends Council
approve the quotes from Fresh Paint in the amount of $30,425 for painting the bay and White
Bear Plumbing in the amount of $2,550 for updates to the drinking fountain.
I.1 Assessment Hearing for Beaver Ponds Street Improvement Project
On April 7, 2025, the City of Hugo awarded a construction contract for the completion of the 2025
Beaver Ponds Area Street Improvement Project. The project is now substantially complete. At
the August 18, 2025, regular Council meeting, the Council adopted a resolution declaring costs to
be assessed for the 2025 Beaver Ponds Area Street Improvement Project and scheduled the
assessment hearing on the proposed assessments for October 6, 2025. The Notice of Assessment
Hearing has been published in the newspaper and mailed to the owners of each parcel described
in the assessment roll at least two weeks prior to the hearing. As part of the assessment hearing,
staff will give a PowerPoint presentation identifying the improvements, costs and detail payment
options. Staff recommends the Mayor open the public hearing to take all comments and Council
approve the resolution adopting assessments for the 2025 Beaver Ponds Area Street Improvement
Project.
J.1 Discussion on Assessment Policy Deviation for the 2026 Street Improvement Project
On March 3, 2025, the City Council authorized the preparation of a feasibility study for the 2026
Bald Eagle Industrial Park Street Improvement Project. As we prepare the feasibility study, staff
would like to provide a brief project update to the City Council and specifically discuss how the
City assessment policy applies to this project as there are some unique circumstances. The City
plans to assess properties that benefit from the aforementioned improvements in accordance with
Minnesota Statutes, Chapter 429, and the City’s adopted assessment policy. However, staff is
proposing a deviation to the assessment policy for residential properties located on the north side
of 130th Street North, from Fenway Boulevard to Europa Trail North, and on the west side of
Fenway Boulevard, between 140th Street North and 130th Street North. According to the
assessment policy, these properties would generally be assessed at one-half unit for the
improvements along 130th Street and Fenway Boulevard, with the remaining one-half unit to be
assessed once the internal roads to the properties are improved. Since none of these properties
have direct access to 130th Street North or Fenway Boulevard, staff is proposing that these
properties not be assessed for this project but instead be fully assessed when their internal streets
are improved. Staff will facilitate discussion as part of this agenda item and is seeking consensus
from the City Council in advance of project notifications to the properties affected by a potential
deviation to the assessment policy.
M.1 Schedule Bald Eagle Townhome Neighborhood Meeting on October 9, 2025
A neighborhood meeting has been scheduled for Thursday, October 9, 2025, at 6 p.m. at the
Pede Pedersen Pavilion to discuss the 2026 road improvement project proposed for the streets in
the Bald Eagle Industrial Park area. Staff has posted this as a potential quorum of the Council
and recommends Council schedule it as a meeting if they wish to attend.
N. Adjournment
MINUTES
City Council-Midyear Budget Review
Hugo City Hall Council Chambers
Monday, September 15, 2025
5:30 p.m.
Mayor Weidt called the meeting to order at 5:30 p.m.
PRESENT: Krull, Miron, Petryk, Strub, Weidt
ABSENT: None
STAFF PRESENT: City Administrator Bryan Bear, Finance Director Anna Wobse, Fire Chief
Jim Compton, Public Works Director Scott Anderson, Community Development Director Rachel
Juba, City Clerk Michele Lindau
Finance Director Anna presented the City of Hugo’s preliminary 2026 budget and tax levy. For
Pay 26, Hugo is projected to see a 5% increase in estimated market value. The city continues to
follow its long-standing flat tax rate policy, where tax collections adjust based on property
values.
The 2026 levy was prepared using the same tax rate as Pay 25, proposing a levy of $13,567,000,
a 5.6% increase over 2025, without increasing the urban tax rate. Of this amount, $990,753 is
for debt service. Non-general fund levies total $2,713,516 and support the Street CIP, Equipment
Fund, Stormwater Fund, Special Parks Fund, and the Firefighters Relief Fund. The General
Fund remains the largest component of the budget, funding core city services such as public
works, public safety, utilities, and building maintenance.
The 2026 General Fund budget was proposed to increase by $728,162 due to inflation, wages,
rising benefit costs, and investment in city operations. Included in the budget was 26 regular
full-time employees and three vacant positions. A salary increase of 4.4% was proposed. This
was made up of a 3% cost of living, 1% matrix increase, and .44% to absorb the MN Paid Leave
premiums. Health insurance premiums increased by 14.95%. Thirteen new unfunded mandates
by the state were projected to increase premiums by 5%. The proposed budget also included
vision insurance which is offered to employees of comparable cities. The Fire Department
budget accommodated officer salary increases, firefighter retention incentives, and funding for
increased rescue call volume. New initiatives include funding for future software upgrades, a
reclamite road preservation program, and the 2050 Comp Plan update.
The proposed budget maintained conservative revenue forecasting, budgeted permit revenue for
just 50 housing starts and excluded investment earnings due to market unpredictability. The city
continued to benefit from the state’s fiscal disparities program, which would contribute
$1,124,330 million in 2026 and cover over 8% of the 2026 levy.
With the median home value rising 2.95% to $408,700, the average city property tax will
increase by about $42. Hugo’s tax rate remains in the mid-range among Washington County
cities. Staff emphasized that Hugo does not impose additional service fees such as stormwater or
franchise fees, which many nearby cities use to raise revenue. These fees are often not reflected
in tax comparisons, meaning Hugo residents may pay less overall despite similar or higher
Minutes for Midyear Budget Review on September 15, 2025
Page 2 of 5
published tax rates elsewhere.
Staff concluded that adhering to a flat tax rate allowed for continued Street and Trail CIP funding
while maintaining financial stability, and recommended adoption of the proposed 2026 levy,
which may be lowered in December but not increased.
Petryk pointed out that the COLA for Social Security was 2.9%. Wobse explained that was in
line with what the staff was proposing.
Weidt questioned the reason for the increase in officers’ salaries. Fire Chief Jim Compton, Jr.,
explained that while the hours themselves have not changed, the department is looking at how
to fairly compensate staff for the time they commit. The proposal covered a two-year period,
with 16 hours allotted for captains and 12 hours for lieutenants. Compensation was based on
their hourly rates for calls and drills. This adjustment would affect six employees, with an
estimated total annual cost of $10,000. Jr. emphasized that this change would help sustain the
department’s “farm” system.
Weidt asked about the need for contracted park inspections. The Public Works department was
finding and correcting the majority of issues currently. It was explained that the League of MN
Cities recommended certified inspections be done once every seven years. This could potentially
save money on insurance premiums. Public Works Director intended to work on a schedule to
begin the rotation of the parks for inspections.
Weidt asked about the adjustment to the salary matrix and if that would be comparable to other
cities. Wobse responded that it would after other cities made their adjustments. explained that a
position in the community development department was currently a placeholder, allowing
flexibility if applications increase. The comprehensive plan may also require additional work.
The deputy clerk’s position would be filled when there is a more compelling need and could
help the City focus on communications.
Weidt asked about a roadmap to achieve the city’s highest possible bond rating. Anna noted
that such a goal should be a priority, though it may take years to complete. Bear explained that
the City has various fiscal policies not yet adopted, but achieving a AAA bond rating is
reasonable and would significantly lower borrowing costs. Weidt further stated that if the city
considers another facility, obtaining a higher rating beforehand would be very beneficial.
Petryk inquired about the City’s current reserves, totaling $10.7 million, and how they are
invested. Anna explained that funds are placed in bonds and CDs, noting that the city made
approximately $2 million in investment earnings last year but may not see those returns at the
same level moving forward.
Miron asked about the street CIP and if significant projects were covered in the current budget
and existing assessment policy. Anna confirmed that they would be, provided the levy remains
at $2 million. It was noted there needed to be a discussion in the future about changes to the
assessment policy.
Minutes for Midyear Budget Review on September 15, 2025
Page 3 of 5
Reclamite
Public Works Director Scott Anderson provided an update on new public works technology that
was being considered as a replacement for traditional seal coating noting that it was also less
expensive. He explained that while traditional seal coating had worked well for many years,
changes in bituminous pavement design led to issues. Specifically, moisture became trapped
beneath the surface, causing premature failure. As a result, the City discontinued seal coating in
2017. The new method, which uses a maltene-based emulsion, penetrates the surface rather than
sealing the top layer. A thin layer of limestone dust is then applied to complete the treatment.
This process replenishes lost maltenes, keeping the asphalt more pliable and flexible.
Anderson noted that an eight-year study showed the method was most effective on new
pavement, extending pavement life by an additional five to seven years. He shared comparisons
of treated versus untreated asphalt, which showed significant difference after two years. The
process was already used in other communities and gaining popularity across the Twin Cities,
and he had observed its effectiveness elsewhere. He stated that if Council was interested, he
would like to identify a project for next year. Bear confirmed that a project had been included in
the budget.
Strub raised questions about the dependence of the treatment on changes in pavement design and
if there would be other changes in the future that would affect the way roads were treated. Bear
explained that the City relies on professional associations to stay informed about any changes.
Anderson clarified that the treatment could help maintain good roads in good condition but will
not improve roads that are already failing.
Strub asked whether the Public Works Department would apply the product themselves.
Anderson explained that it would be put out for competitive bid and limited to roads that are
between one and seven years old, with preference for treating one-year-old pavement. Initially,
the City would need to catch up on eligible roads.
Petryk asked if traditional seal coating could still be used on older roads, but Anderson stated it
was not advisable. He added that crews performed skim overlays on some older roads and had
observed positive results.
Personnel Policy
City Administrator Bryan Bear explained that staff was working on updates to the personnel
policy due to multiple state law changes and evolving administrative practices. Items to be
addressed in the updated policy included Paid Family Medical Leave, cannabis use, dress code,
termination of temporary and seasonal workers, Council out-of-state travel, and many new types
of mandated leave. In addition, staff conducted an in-house comparison with other cities on
benefits, focusing on those that offered personal leave. Staff found that overall Hugo offered a
very competitive benefits package, but personal leave benefits were below average. Some cities
Minutes for Midyear Budget Review on September 15, 2025
Page 4 of 5
provided separate vacation and sick time, while others, like Hugo, combined the two into
personal leave time. Bear presented a chart comparing Hugo to other cities that use personal
leave time, which showed that Hugo was behind at the beginning of employment, in line
between five and ten years, but lacking again after fifteen years or more. He proposed a revised
personal leave schedule that would make the City more competitive.
Other proposed items in the updated policy include double-time for work on holidays, vision
coverage, short-term disability versus Paid Family Medical Leave, parental leave, bereavement
leave, and other mandatory leaves. There would be no policy for remote work, though exceptions
could be made.
Strub asked about the carryover program for personal leave time. Bear replied that employees
were allowed to carry over 520 hours and would be eligible to receive payment for that amount
upon termination.
Weidt questioned whether there had been pushback from new employees. Bear responded that
the policy had been modified to provide them with 40 banked hours at the start of employment,
with the opportunity to earn more after six months. He acknowledged that not providing time off
for new hires could place the City at a competitive disadvantage.
Strub shared that in his past employment, vacation time increased gradually, and another
employer allowed employees to purchase additional vacation time using sick leave hours.
Bear stated that staff would continue to review the policy and welcomed additional feedback.
Krull expressed support for Bear setting the policy, and the Council generally agreed that he was
on the right track.
Staff will present the updated policy for adoption by the end of the year.
Hopkins Schoolhouse
City Administrator Bryan Bear provided background information on the restoration of the
historic schoolhouse. It was noted that the project had accomplished the first part of its mission,
with assistance from the City on brush removal, mowing, and snowplowing. Progress had been
made on the exterior of the building.
The Mayor reported he had met Liz to talk about the remaining work to be done. Bear stated he
received a list of from Hopkins Schoolhouse and Heritage Center Chair Liz Cinqueonce of
remaining work to be done that was estimated at approximately $400,000 to make the building
occupiable.
The Council discussed whether the City should participate financially in the completion of the
schoolhouse, and if so, to what extent. What needed to be considered was the City’s
expectations for the site and whether that should influence the outcome, and how the future use
of the building might affect design decisions.
Minutes for Midyear Budget Review on September 15, 2025
Page 5 of 5
Weidt noted that although the project once faced the possibility of demolition, the current plan
had accomplished a great deal. He observed that while donations had been strong, progress may
begin to slow. He suggested it would be a better use of funds to invest now to make it a
worthwhile City asset. He stated that the building should be made into a usable facility for
residents and not allowed to drift into an unfinished “Crazy Horse” type project. He proposed the
possibility of matching donations.
Becky asked whether the committee envisioned a change in purpose. Bear replied that the
Committee intended to maintain it as a heritage center. He added that the City had already been
required to carry additional insurance coverage as improvements were made.
Miron voiced his support for the project, stating that the group had done good work and that the
City should help bring it to completion. He suggested the possibility of a joint workshop but
noted the challenge of deciding whether to commit financial support immediately or evaluate the
project’s future purpose first.
Ben stated his preference to avoid the use of taxpayer funds but acknowledged the good points
raised. He emphasized the importance of ensuring that all private donations were utilized before
City funds were committed.
Petryk added that small rental venues are in short supply and suggested the building could be
used for rentals similar to other City facilities. She questioned whether the City’s role should
focus on recouping its investment or supporting the committee’s vision.
Weidt noted that the project should remain aligned with the committee’s goals but emphasized
that the City owned the building and retained rights over its future use.
Strub stated that the schoolhouse represents a valuable asset that could serve as a heritage center
while also offering additional possibilities. He noted its location at a trailhead expanded its
potential uses. He supported holding a workshop to further evaluate the City’s role in the project.
Weidt, made motion, Miron seconded, to adjourn at 6:57 p.m.
Respectfully Submitted,
Michele Lindau,
City Clerk
MINUTES
City Council Meeting
City Hall Council Chambers
Monday, September 15, 2025
7:00 p.m.
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
Roll Call and Pledge of Allegiance
COUNCIL PRESENT: Krull, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
OTHERS PRESENT: City Administrator Bryan Bear, City Engineer Mark Erichson, City
Attorney Dave Snyder, Community Development Director Rachel Juba, City Clerk Michele
Lindau
Approve Minutes for the August 14, 2025, AUAR Open House
Petryk made motion, Strub seconded, to approve the minutes for the Alternate Urban Areawide
Review Open House held on August 14, 2025, as presented.
All Ayes. Motion carried.
Approve Minutes for the August 18, 2025, City Council Meeting
Krull made motion, Miron seconded, to approve the minutes for the City Council meeting held
on August 18, 2025, as presented.
All Ayes. Motion carried.
Approval of Agenda
Weidt made motion, Miron seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Approval of Consent Agenda
Petryk made motion, Strub seconded, to approve the following Consent Agenda:
1. Approve Claims Roster
2. Approve Annual Performance Review for Building Official Joel Hoistad
3. Approve Annual Performance Review for City Clerk Michele Lindau
4. Approve Six-Month Performance Review for Public Works Worker Madison
Siebenaler
5. Approve Resignation of Firefighter Kyle Anderson from the Hugo Fire Department.
Council Meeting Minutes for September 15, 2025
Page 2 of 6
6. Approve Revised Hugo Fire Department Job Description for Lieutenant
7. Approve Purchase of Complete Replacement SCBA Fill Station for the Hugo Fire
Department.
8. Approve Resolution Approving Preliminary Tax Levy for 2026
9. Approve Special Event Permit for Hugo American Legion for Tent Sales/Oktoberfest
on Saturday, October 4, 2025
10. Approve Pay Request No. 2 to Northwest Asphalt, Inc., for Beaver Ponds and 2025
Street Improvement Projects
11. Approve Purchase of Park Signs
12. Approve Naming of Prairie Park in Oneka Prairie Development
All Ayes. Motion carried.
Approve Claims Roster
Adoption of the Consent Agenda approved the Claims Roster as presented.
Approve Performance Review for Building Official Joel Hoistad
Joel Hoistad was hired on September 14, 2020, as the new Building Official. Adoption of the
Consent Agenda approved the Annual Performance Review for Building Official Joel Hoistad.
Approve Annual Performance Review for City Clerk Michele Lindau
Michele Lindau was hired by the City of Hugo as a part-time employee in 1997 and approved as
a full-time employee on May 1, 1999. On January 1, 2008, Michele became the new City Clerk.
Adoption of the Consent Agenda approved the annual performance review for City Clerk
Michele Lindau.
Approve Six-Month Performance Review for Public Works Worker Madison Siebenaler
Madison Siebenaler had worked a seasonal position in the Public Works Department for three years
and then was hired as a full-time Public Works Worker starting February 18, 2025. Adoption of the
Consent Agenda approved her six-month performance review and remove probationary status.
Approve Resignation of Firefighter Kyle Anderson from the Hugo Fire Department
Kyle Anderson was hired by the City of Hugo as a Probationary Firefighter with a start date of
Tuesday, December 5, 2023. Kyle had submitted his letter of resignation. Adoption of the
Consent Agenda accepted Kyle’s resignation effective September 3, 2025.
Approve Revised Hugo Fire Department Job Description for Lieutenant
The Fire Department leadership team recommended changing the NIMS 300, 400, and 800
education requirements from “required” to “desired” education in the job description. Adoption
of the Consent Agenda approved the revised Hugo Fire Department Lieutenant job description.
Council Meeting Minutes for September 15, 2025
Page 3 of 6
Approve Purchase of Complete Replacement SCBA Fill Station for the Hugo Fire
Department
The Self-Contained Breathing Apparatus (SCBA) filling station at the fire station had been used
for over 25 years and needed to be replaced due to age and breakdowns. Different options were
explored, and quotes were received from three vendors. The resale value and sale of the current
SCBA fill station and bottles would be evaluated by a third-party vendor. Sufficient funding has
been budgeted in the building maintenance fund for the work. Adoption of the Consent Agenda
approved the purchase of an SCBA fill station from MacQueen at a price not to exceed
$62,762.00.
Approve Resolution Approving Preliminary Tax Levy for 2026
The City Council had a long-standing history of following the flat tax rate policy when setting
the City’s property tax levy. The preliminary tax levy payable in 2026 continued this approach
and provided for no increase in the current urban tax rate. The total proposed 2026 property tax
levy of $13,567,000 would keep the urban tax rate at 39.107% of tax capacity. Adoption of the
Consent Agenda approved RESOLUTION 2025-34 APPROVING PRELIMINARY TAX
LEVY PAYABLE IN 2026
Approve Special Event Permit for Hugo American Legion for Tent Sales/Oktoberfest on
Saturday, October 4, 2025
The Hugo American Legion Post 620 had applied for a Special Event Permit for their annual
Tent Sales and Oktoberfest Celebration to be held on Saturday, October 4, 2025. This event
required a Special Event Permit approved by Council because there would be about 200 people
in attendance, alcohol sold outdoors, and music outside until approximately 9 p.m. Adoption of
the Consent Agenda approved the Special Event Permit for the Hugo American Legion Post 620
in accordance with their application and conditions in the memo.
Approve Pay Request No. 2 to Northwest Asphalt, Inc. for Beaver Ponds and 2025 Street
Improvement Projects
Northwest Asphalt, Inc. had submitted Pay Request No. 2 in the amount of $789,861.06 for work
certified through September 10, 2025, for both the Beaver Ponds and the 2025 Street
Improvement Projects. Both projects were not substantially complete and only had minor punch-
list items to complete. Adoption of the Consent Agenda approved payment to Northwest
Asphalt, Inc. in the amount of $789,861.06.
Approve Purchase of Park Signs
One of the 2025 Goals of the Parks Commission was to install new park signs according to the
park sign replacement plan. New signs were installed in summer 2025 at Hugo Public Works,
Irish Avenue Park, and Diamond Point Park. At their meeting of August 20, 2025, the Parks
Commission recommended the purchase of sixteen new park monument signs for a total cost of
$20,980. Adoption of the Consent Agenda approved the purchase of the park signs.
Council Meeting Minutes for September 15, 2025
Page 4 of 6
Approve Naming of Prairie Park in Oneka Prairie Development
At the meeting of June 12, 2023, Council approved the final plat and development agreement for
Southwind Holdings, LLC, on property located at 16345 Everton Avenue North for Oneka
Prairie. The developer dedicated .62 acres of park land and paid fees to satisfy the park
dedication requirement. Prior to dedication, the developer installed a small playground and
landscaped the park. The City has since taken over maintenance and the park is now available
for public use. At their meeting of August 20, 2025, the Parks Commission discussed a name for
the new park and recommended “Prairie Park”. Adoption of the Consent Agenda approved
naming the new park in the Oneka Prairie residential development “Prairie Park”.
Assessment Hearing for 2025 Street Improvement Project: Duck Pass, Palmes Long Lake
Estates, and Ingersoll Avenue North Area
On April 7, 2025, the City of Hugo awarded a construction contract for the completion of the
2025 Street Improvement Project, which includes Duck Pass, Palmes Long Lake Estates, and the
Ingersoll Avenue N Area. During the Council meeting on August 18, 2025, the Council adopted
a resolution declaring the costs to be assessed for the project and scheduled the assessment
hearing for this evening. The Notice of Assessment Hearing had been published in the
newspaper and mailed to the owners of each parcel described in the assessment roll at least two
weeks prior to this hearing.
City Engineer Mark Erichson presented a PowerPoint providing the background and an overview
of the project. The total cost of the project was $1,296,232. According to the assessment policy,
each unit would be assessed $3,400 totaling $177,378 leaving $1,118,854 to be paid by City
funds. Assessments would be spread over a 10-year period at 5.05% and can be prepaid without
interest within 30 days or paid off in full in subsequent years. A senior citizen deferral is
available for those over 65 years of age, but interest does accrue. Erichson explained the process
for assessments, which is governed by State Statute. He recommended Council hold the public
hearing and approve the resolution adopting assessments for the 2025 Street Improvement
Project.
Mayor Weidt opened the public hearing.
John Dostal, 1429 Riverside Drive, River Falls, WI, stated he was a partner of the Dostal Family
Limited Partnership. The family owned approximately 100 acres of land on the northwest corner
of Jody Avenue and 122th Street. There were four separate tax parcels. One 16-acre parcel
abutted the Palmes Long Estates neighborhood. He provided a written and oral objection to the
assessment on that parcel stating it had no direct access to 125th Street Circle North. He said
there was a large ditch, steep bank and there was no access or stub when the development went
in. They currently accessed the parcel through their contiguous parcels. He asked the Council to
reconsider the assessment on that parcel.
There were no other comments and the Mayor closed the public hearing.
Council Meeting Minutes for September 15, 2025
Page 5 of 6
Erichson stated that it was consistent with how the City assessed other parcels that were vacant or
used for agricultural purposes. If the applicant chose to sell the parcel, they would have access to it.
Miron said he understood the parcel was not currently being used but the way the policy was
structured, it took into consideration the future development and use of the property, not only
assessments for current access points but also for potential access points.
Strub made motion, Petryk seconded, to approve RESOLUTION 2025 – 35 RESOLUTION
ADOPTING ASSESSMENTS FOR THE 2025 STREET IMPROVEMENTS PROJECT: DUCK
PASS, PALMES LONG LAKE ESTATES, AND INGERSOLL AVENUE N AREA.
Roll call vote-
Ayes: Krull, Miron, Petryk, Strub, Weidt
Nays: None
Motion carried.
Reminder-Business Breakfast on Tuesday, September 16, 2025
City Administrator Bryan Bear reminded Council that staff had posted a meeting for them to attend
the Hugo Area Business Association breakfast meeting on September 16, 2025, at the Blue Heron
Grill from 7:30 – 9:00 a.m.
Reminder-AUAR Joint Workshop on Tuesday, September 16, 2025
City Administrator Bryan Bear reminded Council that staff had posted a meeting for them to
attend the joint workshop with the Planning Commission and EDA to discuss the 165th Street
AUAR Study on Tuesday, September 16th at 5:30 PM at the Peder Pedersen Pavilion.
Reminder-Good Neighbor Food Shelf Fund Raiser on Saturday, September 20, 2025
City Administrator Bryan Bear reminded Council that they had scheduled a meeting to attend the
Hugo Good Neighbor Food Shelf Brats, Bags, and Baskets Event to be held on Saturday,
September 20, 2025, from 11 a.m. to 5 p.m. at Lions Volunteer Park.
M.T. Pockets and Loose Change Concert on Wednesday, September 24, 2025
City Administrator Bryan Bear informed Council that a concert featuring the band M.T. Pockets and
Loose Change was scheduled to be held at Lions Volunteer Park on September 24, 2025, from 6-
7:30 p.m.
Reminder- Citywide Bus Tour on Saturday, October 4, 2025
City Administrator Bryan Bear reminded Council that they had scheduled a meeting to attend the
Citywide Bus Tour to be held on Saturday, October 4, 2025, beginning at Oneka Elementary School
at 9:30 a.m.
Council Meeting Minutes for September 15, 2025
Page 6 of 6
Schedule Fire Department Open House on Saturday, October 4, 2025
City Administrator Bryan Bear informed Council that the Hugo Fire Department would be
holding their Open House on Saturday, October 4, 2025, from 11 a.m. to 3 p.m.
Weidt made motion, Petryk seconded, to schedule a meeting to attend the Hugo Fire Department
Open House on Saturday, October 4, 2025.
All Ayes. Motion carried.
Adjournment
Miron made motion, Strub seconded, to adjourn at 7:25 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk,
MINUTES
City Council- HBA Business Breakfast
Blue Heron Grill
September 16, 2025
7:30 – 9:00 a.m.
COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
The City Council attended the Hugo Area Business Association Breakfast Meeting at the Blue
Heron Grill. The speaker was Washington County Attorney Kevin Magnuson
Respectfully Submitted,
Michele Lindau,
City Clerk
MINUTES
City Council – AUAR Joint Workshop
Peder Pedersen Pavilion
Tuesday, September 16, 2025
5:30 p.m.
COUNCIL PRESENT: Krull, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
The City Council attended the 165th Street Alternative Urban Areawide Review (AUAR) Joint
Workshop with the Planning Commission and Economic Development Authority (EDA) to
discuss proposed land use options, road designs, and utility options. The workshop ended at
approximately 7:00 PM.
Respectfully Submitted,
Max Gort,
Associate Planner
MINUTES
City Council-Food Shelf Fundraiser
Lions Volunteer Park
Saturday, September 20, 2025
11-5 p.m.
COUNCIL PRESENT: Klein, Miron, Petryk, Strub, Weidt
COUNCIL ABSENT: None
The City Council attended the Brats, Bags, and Baskets fundraiser for the Good Neighbors Food
Shelf held at Lions Park
Respectfully Submitted,
Michele Lindau,
City Clerk
City of Hugo Claims
October 6, 2025 G. 1
Vendor Invoice Amount Description Department
Abdo Financial Solutions LLC 511223 3,050.00$ Accounting Assistance Finance Dept
Allstream 21833503 166.08$ Fax Line Administration
Apple Ford White Bear Lake 21112W 319.47$ Parts - Unit #109-15 Street Dept
Apple Ford White Bear Lake W7CS912599 422.73$ Repairs - Unit #109-15 Street Dept
Aspen Mills 360458 603.13$ HFD Polo Shirts, Sweatshirt, Embroidery, Etc Fire Dept
Aspen Mills 361031 129.99$ Reebok Zip Boots Fire Dept
Canteen Refreshment Services MSP139800 253.43$ Breakroom Supplies Fire Dept
Canteen Refreshment Services MSP140500 218.00$ Breakroom Supplies Gen Gov't Bldgs
Cardio Partners Inc 600005022 1,458.61$ AED Heart Smart Pads & Batteries Fire Dept
Cardio Partners Inc 600037279 689.98$ AED Heart Smart Pads & Case Fire Dept
CDW Government AF6GK1T 18.62$ HDMI Cables - Council Chambers Audio/Video
CDW Government AF6WA9F 132.87$ Plotter Printer Ink Cartridges Administration
Century Link 651 429-3212 77.01$ Fire Station Phone Lines Fire Dept
M.T. Pockets & Loose Change 101 1,500.00$ Band for Concert in the Park at Lions Park Parks Dept
Cintas Corporation 5291792617 146.59$ First Aid Supplies Public Works
Cintas Corporation 5291792617 66.06$ First Aid Supplies Gen Gov't Bldgs
CivicPlus 342860 5,705.44$ CivicRec Room Rental Software Annual Fees Various
CivicPlus 344346 525.00$ Annual Code on Internet Fee City Clerk
Comcast 251502903 281.28$ Business Internet (September) Administration
Comcast 251502903 281.28$ Business Internet (September) Public Works
Comcast 9/12/2025 25.17$ Business Cable (thru Oct 21) Administration
Companion Animal Control LLC August 845.00$ Callout Fees & Mileage Animal Control
Companion Animal Control LLC August 775.00$ Boarding & Rescue Fees Animal Control
Core & Main X676326 214.65$ Watermain Repair Hardware Water Utility
Cornerstone Occupational Health Spec. KLEIN(0005 57.00$ Personnel Testing Street Dept
Cornerstone Occupational Health Spec. PERRON0002 100.00$ Personnel Testing Street Dept
Custom Fire Apparatus Inc 0024471-IN 792.50$ Repairs - Unit #7102-04 Fire Dept
Dakota Supply Group S105056906.001 50.35$ Hardware - Restroom Repairs (CH) Gen Gov't Bldgs
Dresel Contracting Inc 16723 103,744.37$ 2025 Graveling Project Street Dept
Earl F. Andersen 0140741-IN 63.47$ No Hunting Signs Street Dept
Earl F. Andersen 0140741-IN 41.48$ Caution Loud Noise & Fire Extinguisher Signs Fire Dept
Electro Watchman Inc 446894 235.00$ Access Control System Support (PW) Public Works
Emergency Automotive Technologies Inc SRV25642 579.25$ Repairs - Unit #6105-18 Fire Dept
Envirotech Services Inc CD202532242 50,065.49$ Chloride Application (Dust Control Project) Street Dept
Envirotech Services Inc CD202532575 12,553.25$ Chloride Application (Dust Control Project) Street Dept
ESS Brothers & Sons Inc FF7720 164.00$ Catch Basin Hood Stormwater Fund
ESS Brothers & Sons Inc FF8267 8,080.00$ Catch Basin Repairs - Sealant Kits & Patches Stormwater Fund
Fire Safety USA Inc 205285 609.36$ Parts - Unit #7103-08 Fire Dept
Fire Safety USA Inc 205620 1,960.10$ Repairs - Unit #7103-08 Fire Dept
Fire Safety USA Inc 205621 459.00$ Repairs - Unit #7102-04 Fire Dept
Fire Safety USA Inc 205706 5,553.89$ Repairs - Unit #7104-19 Fire Dept
Fire Safety USA Inc 206016 798.00$ Repairs - Unit #7103-08 Fire Dept
Fire Safety USA Inc 206099 2,220.00$ Parts - Unit #7103-08 Fire Dept
Forest Lake NAPA August 1,100.00$ Auto Parts & Shop Supplies Various
Granicus Inc 214319 233.20$ Live Cast Encoder Setup Audio/Video
Granicus Inc 214409 932.80$ Granicus Video Online Training Audio/Video
Hawkins Inc 7196624 60.00$ Water Chemicals (Cylinder Charge) Water Utility
Hawkins Inc 7199115 5,628.31$ Water Chemicals Water Utility
Hisdahl Inc 18311 1,187.70$ HFD Shirts, Sweatshirts & Embroidery Fire Dept
Hisdahl Inc 18347 123.34$ Embroidery Fire Dept
Hotsy Equipment of Minnesota 26618 682.43$ Bulk Soap & Parts for Washbay Public Works
Hugo Business Association E1288 135.00$ Business Networking Meeting Various
Hugo Equipment Company 216681 179.16$ Repairs - Unit #9101 Fire Dept
Hugo Equipment Company 220391 63.96$ Small Engine Oil Parks Dept
Hugo Equipment Company 220562 33.58$ Parts - Unit #434 Street Dept
Hugo Equipment Company 220969 2.50$ Parts - Unit #451 Parks Dept
Hugo Equipment Company 221103 20.00$ Parts - Unit #451 Parks Dept
InnoGraphics Design Group 3890 585.00$ Fall Newsletter Design Misc Unallocated
Innovative Office Solutions LLC IN4923306 183.96$ Copy Paper Administration
Innovative Office Solutions LLC IN4923306 155.29$ Breakroom Supplies Gen Gov't Bldgs
Innovative Office Solutions LLC IN4923306 131.93$ Post-Its, Binder Clips, Laminate Sheets, Etc Administration
Innovative Office Solutions LLC IN4925598 115.54$ Breakroom Supplies Gen Gov't Bldgs
Innovative Office Solutions LLC IN4926196 321.51$ Restroom Supplies (PPP) Parks Dept
Innovative Office Solutions LLC IN4926317 54.09$ Breakroom Supplies Gen Gov't Bldgs
Innovative Office Solutions LLC IN4934032 58.62$ Wall Clocks (CH) Gen Gov't Bldgs
Innovative Office Solutions LLC IN4935721 49.52$ Certificate Holders Administration
Innovative Office Solutions LLC IN4935721 28.40$ Certificate Paper Building Inspections
Innovative Office Solutions LLC SCN-133220 (155.29)$ Breakroom Supplies (Returned) Gen Gov't Bldgs
International Code Council Inc 102070989 320.72$ 2024 International Building Codebook (2) Building Inspections
International Code Council Inc 102070989 320.72$ 2024 International Residential Codebook (2) Building Inspections
Johnson/Turner July 5,300.00$ Prosecution Fees (Flat Fee) General Legal
Johnson/Turner July 323.95$ Disbursements (Prosecution Costs) General Legal
Johnson/Turner July 3,448.50$ Civil Legal Fees - See Attached Breakdown General Legal
Kath Fuel Oil Service Co. 12320094 6,998.07$ August Unleaded Gas & Diesel Purchases Various
Knowlan's Super Markets Inc 7364 46.95$ 165th Street Area Study/AUAR Open House Supplies Street Reconstruction
Lakeland Door and Contracting LLC 2918 155.00$ Garage Door Repairs Fire Dept
Lakeland Door and Contracting LLC 28896 185.00$ Garage Door Repairs Fire Dept
Laughlin's Pest Control 73694 100.68$ September Pest Control Service Gen Gov't Bldgs
Lawson Products 9312789293 144.11$ Bulk Hardware Supplies Public Works
Legacy Sorbents & Supply Company 13100 166.32$ Shop Towels Public Works
Lincoln National Life Insurance Co. October 1,209.04$ Disability Premium Finance Dept
LRS Portables of Minnesota MP283253 128.00$ Toilet Rental - Oakshore Park Parks Dept
LRS Portables of Minnesota MP283254 128.00$ Toilet Rental - Oneka Park Parks Dept
LRS Portables of Minnesota MP283255 128.00$ Toilet Rental - Beaver Ponds Park Parks Dept
LRS Portables of Minnesota MP283256 128.00$ Toilet Rental - Diamond Point Park Parks Dept
Page 1
City of Hugo Claims
October 6, 2025 G. 1
Vendor Invoice Amount Description Department
LRS Portables of Minnesota MP283257 128.00$ Toilet Rental - Frog Hollow Parks Dept
LRS Portables of Minnesota MP283258 256.00$ Toilet Rental - Hanifl Park West Parks Dept
LRS Portables of Minnesota MP283259 128.00$ Toilet Rental - Valjean Park Parks Dept
LRS Portables of Minnesota MP283260 128.00$ Toilet Rental - Arbre Park Parks Dept
LRS Portables of Minnesota MP283261 128.00$ Toilet Rental - Heritage Ponds Park Parks Dept
LRS Portables of Minnesota MP283262 128.00$ Toilet Rental - McCollar Park Parks Dept
LRS Portables of Minnesota MP283263 128.00$ Toilet Rental - Arcand Park Parks Dept
LRS Portables of Minnesota MP283264 68.00$ Toilet Rental - Irish Ave Park Parks Dept
LRS Portables of Minnesota MP283265 256.00$ Toilet Rental - Hanifl Park East Parks Dept
M/A Associates 117068 230.70$ Shop Supplies Public Works
Maas, Jeff CLAIM 100.00$ Rain Boot Reimbursement Street Dept
MacQueen Equipment Inc W17107 1,046.37$ Repairs - Unit #209-13 Sewer Utility
Martin Marietta Materials 46902654 121.50$ Asphalt Street Dept
Martin Marietta Materials 46976253 200.68$ Asphalt Street Dept
Menards 64172 49.90$ Shop Supplies Public Works
Menards 64245 22.23$ Irrigation Hardware Parks Dept
Menards 64667 449.69$ Fire Department Supplies Fire Dept
Menards 64668 453.17$ HFD Training Prop Supplies Fire Dept
Menards 64668 249.48$ Fire Department Supplies Fire Dept
Minnesota Cleaning Services Inc 1025HH02 788.67$ September Cleaning Services Gen Gov't Bldgs
Minnesota Cleaning Services Inc 1025HH03 119.99$ September Cleaning Services - Hanifl Parks Dept
Minnesota Cleaning Services Inc 1025HH04 780.00$ September Cleaning Services - PW Facility Public Works
Minnesota Cleaning Services Inc 1025HH04 485.33$ September Cleaning Services Fire Dept
Minnesota Cleaning Services Inc 1025HH04 260.00$ September Cleaning Services - Rice Lake Room Gen Gov't Bldgs
Minnesota State Fire Chiefs Association 9631 325.00$ 2025 Conference Registration - Kaspszak Fire Dept
Minnesota State Fire Chiefs Association 9683 325.00$ 2025 Conference Registration - Emans Fire Dept
Minnesota State Fire Chiefs Association 9735 250.00$ 2025 Conference Registration - Hoernemann Fire Dept
MN Fall Expo Registration 360.00$ 2025 Fall Maintenance Expo (8) Public Works
Nuss Truck & Equipment PSO234964-1 140.42$ Parts - Unit #201-16 Street Dept
Olson Power & Equipment Inc P24746 281.24$ Parts - Unit #343-20 Parks Dept
O'Reilly Auto Parts 5914-351318 63.02$ Parts - Unit #6105-18 Fire Dept
O'Reilly Auto Parts 5914-352568 167.08$ Parts - Unit #6105-18 Fire Dept
O'Reilly Auto Parts 5914-353394 27.02$ Parts - Unit #201-16 Street Dept
O'Reilly Auto Parts 5914-353890 9.42$ Parts - Unit #7102-04 Fire Dept
O'Reilly Auto Parts 5914-354233 9.49$ Socket Fire Dept
Perron, Mike CLAIM 100.00$ Rain Boot Reimbursement Street Dept
Pioneer Press 825582414 35.75$ Public Hearing - Duck Pass, Palmes & Ingersoll Street Imp Assessments Ordinances/Proceedings
Pomp's Tire Service Inc 150195374 631.50$ Tires - Unit #314-16 Street Dept
Pomp's Tire Service Inc 150195782 669.02$ Tires - Unit #316-16 Stormwater Fund
Pomp's Tire Service 150195927 606.08$ Tires - Unit #122-24 Water & Sewer
Pomp's Tire Service 150195927 232.66$ Tires - Unit #310-05 Parks Dept
Press Publications 841369 58.76$ Planning Commission Public Hearing Notice Ordinances/Proceedings
Press Publications 841370 44.07$ City Council & Planning Commission Joint Workshop Ordinances/Proceedings
Printing Systems Inc 238861 513.43$ Checks Finance Dept
Pump and Meter Service Inc 1025737 330.02$ Parts - Oil Dispensing Guns Public Works
Ricoh USA, Inc 109479910 194.61$ October Copier Lease Payment Public Works
SealTech Inc 1677 2,000.00$ Seal Coat Pedestrian Trails Street Dept
SealTech Inc 1678 20,885.00$ Seal Coat Pedestrian Trails Street Dept
SealTech Inc 1678 1,695.00$ Rout & Seal Cracks Street Dept
Sensible Land Use Coalition 3557 58.00$ Meeting Registration - Juba Planning & Zoning
Sensible Land Use Coalition 3557 58.00$ Meeting Registration - Gort Planning & Zoning
Sir Lines-A-Lot H24-1147-002 7,665.80$ Striping Services Street Dept
Sir Lines-A-Lot PL25-1101-001 1,120.00$ Striping Services Street Dept
SiteOne Landscape Supply LLC 158020763-001 105.16$ Irrigation Hardware Parks Dept
TASC IN3530679 50.00$ October Cobra Administration Fee Finance Dept
Toshiba Financial Services 5035873798 148.74$ October Copier Lease Payment Fire Dept
Toshiba Financial Services 5035873798 47.43$ Overage Charges (Color) Fire Dept
Toshiba Financial Services 5035873798 1.48$ Overage Charges (B & W) Fire Dept
Total Control Systems Inc 11790 8,389.00$ Control Panel Upgrades - Lift Station No. 10 Sewer Utility
Total Control Systems Inc 11791 2,504.37$ Tech Labor & Parts - SCADA System Sonic Wall (PW) Water & Sewer
Total Control Systems Inc 11791 422.44$ Tech Labor & Parts - Lift Station No. 8 Sewer Utility
TreviPay/Northern Tool a2b6a545 62.68$ Ball Mounts - Unit #311 & Unit #339 Parks Dept
TreviPay/Northern Tool a2b6a545 28.48$ Safety Gear Public Works
TreviPay/Northern Tool a2b6a545 18.04$ Ball Mount - Unit #339 Parks Dept
TreviPay/Northern Tool a2b6a545 14.24$ Ball Mount - Unit #311 Parks Dept
UniFirst Corporation 1410170301 229.31$ Restroom Supplies & Floor Mat Services (CH) Gen Gov't Bldgs
UniFirst Corporation 1410170304 237.84$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
UniFirst Corporation 1410172015 159.15$ Uniforms, Supplies & Floor Mat Services (PW) Public Works
US Bank Equipment Finance 563946185 557.03$ September Copier Service Payment Administration
US Bank Equipment Finance 563946185 168.60$ Overage Charges (Color) Administration
Vanderbilt, Greg CLAIM 558.10$ Reimb. Irrigation Repairs - Duck Pass, Palmes & Ingersoll Street Imp Street Reconstruction
Verizon Wireless 6122425642 99.33$ Cellular Phone Charges Various
Walser Polar Chevrolet 105735 312.00$ Parts - Unit #112-18 Street Dept
WSB & Associates June 63,623.00$ Engineering Fees - See Attached Breakdown Various
WSB & Associates July 118,765.54$ Engineering Fees - See Attached Breakdown Various
Ziegler Inc IN002024328 120.85$ Parts - Unit #316-16 Stormwater Fund
Ziegler Inc IN002057321 75.56$ Parts - Unit #343-20 Parks Dept
Ziegler Inc CM000278468 (102.72)$ Parts - Unit #316-16 (Returned) Stormwater Fund
479,330.26$ Total Claims for October 6, 2025
Page 2
Project Budget Tracking
For the period 6/1/2025 - 6/30/2025
Project Name
WSB
Project #
Project
Manager
Current
Invoice Fee Type
JTD
Billed Budget Comments
Client Invoice
Reviewer
HUGO - 165th Street Area Study Harwood, Alison 13,889.75 28,742.25 142,200.00 Juba, Rachel
HUGO - 2024 125th Street and Dellwood Ridge Neighborhood Street Improvement Project Erichson, Mark 996.50 303,144.10 315,167.00 Anderson, Scott
HUGO - 2025 Beaver Ponds Area Street Improvement Project Erichson, Mark 1,779.25 95,274.25 198,947.00 Anderson, Scott
HUGO - 2025 Duck Pass, Palme Long Lake Estate, and Ingersoll Neighborhood Improvement Project Erichson, Mark 1,983.25 93,270.25 178,177.00 Anderson, Scott
HUGO - 2025 General Engineering Services Erichson, Mark 5,354.00 36,501.03 86,813.76 Bear, Bryan
HUGO - 2025 GIS Services Pittman, Bryan 412.00 8,833.50 14,765.00 Bear, Bryan
HUGO - 2025 LGU Services Havranek, Anthony 1,853.00 4,620.00 20,538.00 Juba, Rachel
HUGO - 2026 Bald Eagle Industrial Park Area Street Improvement Project Erichson, Mark 17,315.00 71,176.50 327,888.42 Anderson, Scott
HUGO - Fable Hill Bridge Erichson, Mark 858.50 49,503.75 52,640.00 Anderson, Scott
HUGO - Forest Road Bridge Erichson, Mark 4,799.00 31,676.25 20,000.00 Anderson, Scott
HUGO - Frenchman Place 5th Addition Erichson, Mark 528.00 14,445.00 Juba, Rachel
HUGO – Liberty Classical Academy - 2023 Submittal Erichson, Mark 1,584.00 32,830.25 Juba, Rachel
HUGO - Lift Station 12 Improvements Erichson, Mark 795.00 105,405.00 103,701.00 Anderson, Scott
HUGO - Meadows at Hugo - 2nd Addition Erichson, Mark 924.75 23,002.50 Juba, Rachel
HUGO - Meadows at Hugo-Wetland Replacement Monitoring Havranek, Anthony 1,340.50 7,798.25 22,298.00 Juba, Rachel
HUGO - MS4 Support Bonnell Roe, Kory 3,026.00 7,634.00 6,888.00 Juba, Rachel
HUGO - Shores of Oneka Lake 5th Keller, Kris 1,605.00 5,313.50 7,304.00 Juba, Rachel
HUGO - Shores of Oneka Lake Apartments Erichson, Mark 528.00 8,858.25 Juba, Rachel
HUGO - TH 61 and 159th Roundabout Erichson, Mark 132.00 160,087.00 164,450.00 Juba, Rachel
HUGO - Watercrest of Hugo 1st and 2nd Erichson, Mark 2,557.00 29,581.00 Juba, Rachel
HUGO - WCA 25.2 8991 130th st Havranek, Anthony 654.00 1,308.00 1,500.00 Juba, Rachel
HUGO - WCA 25.5 LaValle Fields Updated Delineation Havranek, Anthony 708.50 737.75 1,499.84 Juba, Rachel
Final Totals 63,623.00
R-030697-000 Not to Exceed
R-029085-000 Hourly
R-024088-000 Hourly
R-022491-000 Hourly
R-025989-000 Hourly
R-028491-000 Hourly
R-024016-000 Hourly
R-019767-000 Not to Exceed
R-020790-000 Hourly
R-021811-000 Hourly
R-024187-000 Hourly
R-024864-000 Hourly
R-022684-000 Hourly
R-023811-000 Hourly
R-028436-000 Not to Exceed
R-026760-000 Hourly
R-026673-000 Hourly
R-027763-000 Hourly
R-026750-000 Hourly
R-026749-000 Hourly
R-023540-000 Hourly
R-028899-000 Not to Exceed
Page 1 of 1
Project Budget Tracking
For the period 7/1/2025 - 7/31/2025
Project Name
WSB
Project #
Project
Manager
Current
Invoice Fee Type
JTD
Billed Budget Comments
Client Invoice
Reviewer
HUGO - 165th Street Area Study Harwood, Alison $ 13,777.75 $ 42,520.00 $ 142,200.00 Juba, Rachel
HUGO - 2024 125th Street and Dellwood Ridge Neighborhood Street Improvement Project Erichson, Mark $ 375.00 $ 303,519.10 $ 315,167.00 Anderson, Scott
HUGO - 2025 Beaver Ponds Area Street Improvement Project Erichson, Mark $ 7,536.00 $ 102,810.25 $ 198,947.00 Anderson, Scott
HUGO - 2025 Duck Pass, Palme Long Lake Estate, and Ingersoll Neighborhood Improvement Project Erichson, Mark $ 5,860.85 $ 99,131.10 $ 178,177.00 Anderson, Scott
HUGO - 2025 General Engineering Services Erichson, Mark $ 9,413.50 $ 45,914.53 $ 86,813.76 Bear, Bryan
HUGO - 2025 GIS Services Pittman, Bryan $ 446.00 $ 9,279.50 $ 14,765.00 Bear, Bryan
HUGO - 2025 LGU Services Havranek, Anthony $ 2,725.00 $ 7,345.00 $ 20,538.00 Juba, Rachel
HUGO - 2026 Bald Eagle Industrial Park Area Street Improvement Project Erichson, Mark $ 36,701.50 $ 107,878.00 $ 327,888.42 Anderson, Scott
HUGO - Fable Hill Bridge Erichson, Mark $ 15,525.19 $ 65,028.94 $ 52,640.00 Anderson, Scott
HUGO - Forest Road Bridge Erichson, Mark $ 14,004.75 $ 45,681.00 $ 20,000.00 Anderson, Scott
HUGO - Hugo Bridge Inspections 2025 Alberg, Craig $ 1,320.00 $ 1,320.00 $ 7,550.00 Anderson, Scott
HUGO - Lavalle LOMR Review Fallon, Kendra $ 584.25 $ 4,526.25 $ - Juba, Rachel
HUGO – Liberty Classical Academy - 2023 Submittal Erichson, Mark $ 4,635.00 $ 37,465.25 $ - Juba, Rachel
HUGO - Meadows at Hugo - 2nd Addition Erichson, Mark $ 1,096.00 $ 24,098.50 $ - Juba, Rachel
HUGO - Meadows at Hugo-Wetland Replacement Monitoring Havranek, Anthony $ 817.50 $ 8,615.75 $ 22,298.00 Juba, Rachel
HUGO - Shores of Oneka Lake 4th Erichson, Mark $ 66.00 $ 4,555.00 $ - Juba, Rachel
HUGO - Shores of Oneka Lake 5th Keller, Kris $ 858.00 $ 6,171.50 $ 7,304.00 Juba, Rachel
HUGO - Shores of Oneka Lake Apartments Erichson, Mark $ 1,188.00 $ 10,046.25 $ - Juba, Rachel
HUGO - Watercrest of Hugo 1st and 2nd Erichson, Mark $ 1,344.75 $ 30,925.75 $ - Juba, Rachel
HUGO - WCA 25.2 8991 130th st Havranek, Anthony $ 436.00 $ 1,744.00 $ 1,500.00 Juba, Rachel
HUGO - WCA 25.5 LaValle Fields Updated Delineation Havranek, Anthony $ 54.50 $ 792.25 $ 1,499.84 Juba, Rachel
Final Totals $ 118,765.54
R-030697-000 Not to Exceed
R-029085-000 Hourly
R-024088-000 Hourly
R-025989-000 Hourly
R-028491-000 Hourly
R-025586-000 Hourly
R-019767-000 Not to Exceed
R-020790-000 Hourly
R-024187-000 Hourly
R-020977-000 Hourly
R-031209-000 Not to Exceed
R-022684-000 Hourly
R-023811-000 Hourly
R-028436-000 Not to Exceed
R-026760-000 Hourly
R-026673-000 Hourly
R-027763-000 Hourly
R-026750-000 Hourly
R-026749-000 Hourly
R-023540-000 Hourly
R-028899-000 Not to Exceed
Page 1 of 1
MEMO
To: Bryan Bear, City Administrator
From: Jim Compton, Jr., Fire Chief
Date: 9/24/2025
Subject: Lieutenant Promotion
________________________________________________________________________________________
After restructuring the leadership ranks within the department in 2024, two Lieutenant positions were posted
within the department with only one position being filled. Since then, we have been providing and encouraging
all Firefighters to take leadership development classes and participate in growth opportunities. We recently
posted the last open Lieutenant position receiving three letters of interest. Deputy Chief Jensen, Assistant Chief
Emans, and I conducted two interviews on Thursday, September 18th for the open position.
We have chosen Bob Bieniek to fill the open Lieutenant position with a start date of October 1, 2025. Bob has
been with the fire department since December of 2008 and has served as a Lieutenant from September 2011
until being promoted to Captain in February of 2014. He served as a Captain until December of 2021.
I recommend Bob Bieniek for the position of Lieutenant.
Please place this recommendation on the October 6, 2025, City Council agenda for Council consideration.
City of Hugo Fire Department
5323 140th Street North
Hugo, Minnesota 55038
PH: (651) 762-6362 FAX: (651) 429-3212
1
TMO Site ID: A1N0928A
TMO Lease ID: 86587
FIRST AMENDMENT TO COMMUNICATION SITE LEASE WITH OPTION AGREEMENT
This First Amendment to Communication Site Lease with Option Agreement (the “First
Amendment”) is effective as of the last signature below (the “Effective Date”), by and between
the City of Hugo, a Minnesota municipal corporation, (“Landlord”), and T-Mobile Central LLC, a
Delaware limited liability company (“Tenant” (each a “Party”, or collectively, the “Parties”).
Landlord and Tenant (or their predecessors-in-interest) entered into that certain
Communication Site Lease with Option Agreement dated August 15, 2005, (including all
amendments, collectively, the “Lease”) regarding the leased premises (“Premises”) located at
5290 159th Street, Hugo, MN 55038 (the “Property”).
For good and valuable consideration, Landlord and Tenant agree as follows:
1.At the expiration of the Lease, the term of the Lease will automatically be extended for
five (5) additional and successive five (5) year terms, each included as a Renewal Term,
provided that Tenant may elect not to renew by providing Landlord at least thirty (30)
days' notice prior to the expiration of the then current Renewal Term.
2.At the commencement of the first Renewal Term provided for in this First Amendment,
Tenant shall pay Landlord Four Thousand and 00/100 Dollars ($4,000.00) per month as
Rent, partial calendar month to be prorated in advance, by the fifth (5th) day of each
calendar month. Beginning on September 26, 2025, the current escalation and rent
frequency set forth in the Lease will end. Rent will then increase by 5% beginning on
September 26, 2026, and on each subsequent anniversary. Where duplicate Rent would
occur, a credit shall be taken by Tenant for any prepayment of duplicate Rent by Tenant.
3.Tenant may transmit and receive on any frequencies permitted by law.
4.Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the
First Amendment, Tenant may terminate the Lease, upon prior written notice to Landlord,
without further liability, for any or no reason. Any prepaid Rent for any time period after
the termination date shall be refunded to Tenant within thirty (30) days of termination.
5.Notwithstanding anything to the contrary in the Lease and as of the Effective Date of the
First Amendment, Landlord shall be responsible for maintaining all portions of the
Property in good order and condition, including without limitation, plumbing, elevators,
the roof and support structure, landscaping and common areas, as applicable.
6.All notices, requests, demands and other communications shall be in writing and shall be
deemed to have been delivered upon receipt or refusal to accept delivery, and are
effective only when deposited into the U.S. certified mail, return receipt requested, or
when sent via a nationally recognized courier to the addresses set forth below. Landlord
or Tenant may from time to time designate any other address for this purpose by
providing written notice to the other Party.
TMO Signatory Level: L06/SL06
NLG-120136
2
TMO Site ID: A1N0928A
TMO Lease ID: 86587
If to Tenant:
T-Mobile USA, Inc.
12920 SE 38th Street
Bellevue, WA 98006
Attn: Lease Compliance/ A1N0928A
If to Landlord:
City of Hugo
14669 Fitzgerald Ave. North
Hugo, MN 55038
7.Any charges payable under the Lease other than Rent shall be billed by Landlord to
Tenant within twelve (12) months from the date in which the charges were incurred or
due; otherwise, the same shall be deemed time-barred and be forever waived and
released by Landlord.
8.Except as expressly set forth in this First Amendment, the Lease otherwise is unmodified.
To the extent any provision contained in this First Amendment conflicts with the terms of
the Lease, the terms and provisions of this First Amendment shall control. Each reference
in the Lease to itself shall be deemed also to refer to this First Amendment.
9.This First Amendment may be executed in duplicate counterparts, each of which will be
deemed an original. Signed electronic, scanned, or facsimile copies of this First
Amendment will legally bind the Parties to the same extent as originals.
10.Each of the Parties represents and warrants that it has the right, power, legal capacity and
authority to enter into and perform its respective obligations under this First Amendment.
Landlord represents and warrants to Tenant that the consent or approval of a third party
has either been obtained or is not required with respect to the execution of First
Amendment. If Landlord is represented by any property manager, broker or any other
leasing agent (“Agent”), then (a) Landlord is solely is responsible for all commission, fees
or other payment to Agent and (b) Landlord shall not impose any fees on Tenant to
compensate or reimburse Landlord for the use of Agent, including any such commissions,
fees or other payments arising from negotiating or entering into this First Amendment or
any future amendment.
11.This First Amendment will be binding on and inure to the benefit of the Parties herein,
their heirs, executors, administrators, successors-in-interest and assigns.
TMO Signatory Level: L06/SL06
NLG-120136
3
TMO Site ID: A1N0928A
TMO Lease ID: 86587
IN WITNESS, the Parties execute this First Amendment as of the Effective Date.
Landlord:
City of Hugo, a Minnesota municipal
corporation
By:
Print Name:
Title:
Date:
Tenant:
T-Mobile Central LLC, a Delaware limited
liability company
By:
Print Name: __________________________
Title: ________________________________
Date:
TMO Signatory Level: L06/SL06
NLG-120136
Contract Number: BF-20583561
1 of 59
GRADE CROSSING CONSTRUCTION AND MAINTENANCE AGREEMENT
BNSF File No.: BF-20583561
Mile Post 14.79
Line Segment 214
U.S. DOT Number 082586J
This Agreement (“Agreement”), is executed to be effective as of [___________,___]
(“Effective Date”), by and between BNSF RAILWAY COMPANY, a Delaware
corporation (“BNSF”), MINNESOTA COMMERCIAL RAILWAY (“MNNR”) and the City
of Hugo, a political subdivision of the State of Minnesota (“Agency”).
RECITALS
WHEREAS, BNSF owns and MNNR operates a line of railroad in and through the City of
Hugo, State of Minnesota;
WHEREAS, in the interest of aiding vehicular travel and public safety, the Agency is
undertaking a project to improve the existing 130th Street North at-grade crossing, located
at MNNR Line Segment 214 and Milepost 14.79, and designated by D.O.T. No. 082586J,
by adding a bituminous trail north of the crossing within the existing roadway easement
across the BNSF right-of-way as indicated on the Exhibit A, attached hereto and
incorporated herein; and
WHEREAS, the existing at-grade crossing known as 140th Street North, Milepost 15.787,
DOT No. 082589E, Line Segment 214 will be permanently closed, vacated, abandoned,
and removed upon completion of construction and the placing in service of said new 130th
Ave North at-grade crossing;
WHEREAS, the parties agree that the RAILROAD will receive no ascertainable benefit
from the installation of advance warning signs, pavement marking stop bars or crossing
signal equipment (hereinafter collectively called, “Crossing Signal Equipment”); and
WHEREAS, the Agency also desires to install a new crossing for pedestrian use just north
of the existing crossing across 130th Street North; and
WHEREAS, the Agency is paying for the acquisition and placement of the bell and the
new crossing surface at 130th Street North for pedestrian use.
Contract Number: BF-20583561
2 of 59
WHEREAS, the MNNR agrees to purchase and install, at AGENCY’S sole expense, the
crossing signal equipment and the new crossing surface described in the scope of work
herein, and upon the terms and conditions set forth below.
NOW, THEREFORE, in consideration of the mutual covenants and agreements of the
parties contained herein, the receipt and sufficiency of which are hereby acknowledged,
the parties agree as follows:
ARTICLE I – SCOPE OF WORK
1) The term "Project" as used herein includes any and all work related to the installation
of the new bituminous trail of the 130th Street North by Agency and installation of the
bell and new crossing surface at U.S. D.O.T No. 082586J, (hereinafter referred to as
the "Crossing") by MNNR, more particularly described on the Exhibit A, including,
but not limited to, any and all changes to telephone, telegraph, signal and electrical
lines and appurtenances, temporary and permanent track work, fencing, grading,
alterations to or new construction of drainage facilities, preliminary and co nstruction
engineering and contract preparation.
ARTICLE II – RAILROAD OBLIGATIONS
In consideration of the covenants of Agency set forth herein and the faithful
performance thereof, BNSF agrees as follows:
1) Upon Agency’s payment to BNSF of an administrative fee in the sum of Two Thousand
Five Hundred and No/100 Dollars ($2,500), together with the Temporary Construction
License Fee in the sum of One Thousand and No/100 Dollars ($1,000), BNSF hereby
grants to Agency, its successors and assigns, upon and subject to the terms and
conditions set forth in this Agreement, a temporary non-exclusive license (hereinafter
called, “Temporary Construction License”) to enter upon and use the portion of
BNSF’s right-of-way as is necessary to install a new bituminous trail and thereafter
maintain, the Crossing as described further on Exhibit A-1, excepting and reserving
BNSF’s rights, and the rights of any others who have obtained, or may obtain,
permission or authority from BNSF, to do the following:
A. Operate, maintain, renew and/or relocate any and all existing railroad track or
tracks, wires, pipelines and other facilities of like character upon, over or under the
surface of said right-of-way;
Contract Number: BF-20583561
3 of 59
B. Construct, operate, maintain, renew and/or relocate upon said right -of-way,
without limitation, such facilities as the BNSF may from time to time deem
appropriate;
C. Otherwise use or operate the right-of-way as BNSF may from time to time deem
appropriate.
The term of the Temporary Construction License begins on the Effective Date and
ends on the earlier of (i) substantial completion of the Project, or (ii) 18 months
following the Effective Date. The Temporary Construction License and related rights
given by BNSF to Agency in this provision are without warranty of title of any kind,
express or implied, and no covenant of warranty of title will be implied from th e use of
any word or words herein contained. The Temporary Construction License is for
construction of the Project only and shall not be used by Agency for any other purpose.
Agency acknowledges and agrees that Agency shall not have the right, under the
Temporary Construction License, to use the Project for any other purpose than
construction. In the event Agency is evicted by anyone owning, or claiming title to or
any interest in said right-of-way, BNSF will not be liable to Agency for any damages,
losses or any expenses of any nature whatsoever. The granting of similar rights to
others, subsequent to the date of this Agreement, will not impair or interfere with the
rights granted to Agency herein.
Upon Agency’s payment to BNSF of the additional sum of Four Thousand and No/100
Dollars ($4,000), such payment to be made within thirty (30) days of issuing the Notice
to Proceed pursuant to Article III, Section 16 of this Agreement, and provided further
that Agency is in compliance with the term and conditions of this Agreement, BNSF
will grant to Agency, its successors and assigns, an easement (hereinafter called, the
“Easement”) to enter upon and use that portion of BNSF’s right-of-way as is necessary
to use and maintain the Crossing, substantially in the form of Exhibit B attached to this
Agreement. If Agency fails to pay BNSF within the thirty day time period set forth in
the preceding sentence, BNSF may stop construction of the Project until full payment
is received by BNSF.
1) MNNR will furnish all labor, materials, tools, and equipment for , as outlined below,
such railroad work and the estimated cost thereof being as shown on Exhibit D
attached hereto and made a part hereof. In the event construction on the Project has
not commenced within six (6) months following the Effective Date, MNNR may, in its
sole and absolute discretion, revise the cost estimates set forth in said Exhibit D. In
such event, the revised cost estimates will become a part of this Agreement as though
originally set forth herein. Any item of work incidental to the items listed on Exhibit D
not specifically mentioned therein may be included as a part of this Agreement upon
Contract Number: BF-20583561
4 of 59
written approval of Agency, which approval will not be unreasonably withheld.
Construction of the Project must include the following railroad work by MNNR:
A. Procurement of materials, equipment and supplies necessary for the railroad work;
B. Furnishing of flagging services during construction of the Project as required and set
forth in further detail on Exhibit C, attached to this Agreement and made a part
hereof;
C. Furnishing engineering and inspection as required in connection with the
construction of the Project;
D. Removal and disposal of the existing crossing surfaces from the Crossing;
E. Installation of 10-foot concrete crossing surface for the one track complete with
new rail, ties, ballast, fasteners, along with appropriate surfacing, to carry the
improved trail.
F. Installation of Signal Bell on top of the mast as shown on Exhibit A;
G. Make such changes in the alignment, location and elevation of its telephone,
telegraph, signal and/or wire lines and appurtenances along, over or under the
tracks, both temporary and permanent, as may become necessary by reason of
the construction of the Project.
2) MNNR will do all railroad work set forth in Article II, Section 2 above on an actual cost
basis, when MNNR, in its sole discretion, determines it is required by its labor
agreements to perform such work with its own employees working under applicable
collective bargaining agreements.
3) Agency agrees to reimburse MNNR for work of an emergency nature caused by
Agency or Agency’s contractor in connection with the Project which MNNR deems is
reasonably necessary for the immediate restoration of railroad operations, or for the
protection of persons or BNSF property. Such work may be performed by MNNR
without prior approval of Agency and Agency agrees to fully reimburse MNNR for all
such emergency work.
4) MNNR may charge Agency for insurance expenses, including self -insurance
expenses, when such expenses cover the cost of Employer's Liability (including,
without limitation, liability under the Federal Employer's Liability Act) in connection with
the construction of the Project. Such charges will be considered part of the actual
Contract Number: BF-20583561
5 of 59
cost of the Project, regardless of the nature or amount of ultimate liability for injury,
loss or death to MNNR’s employees, if any.
5) During the construction of the Project, MNNR will send Agency progressive invoices
detailing the costs of the railroad work performed by MNNR under this Agreement.
Agency must reimburse MNNR for completed force-account work within thirty (30)
days of the date of the invoice for such work. Upon completion of the Project, MNNR
will send Agency a detailed invoice of final costs, segregated as to labor and materials
for each item in the recapitulation shown on Exhibit D. Pursuant to this section and
Article IV, Section 7 herein, Agency must pay the final invoice within ninety (90) days
of the date of the final invoice. MNNR will assess a finance charge of .033% per day
(12% per annum) on any unpaid sums or other charges due under this Agreement
which are past its credit terms. The finance charge continues to accrue daily until t he
date payment is received by MNNR, not the date payment is made or the date
postmarked on the payment. Finance charges will be assessed on delinquent sums
and other charges as of the end of the month and will be reduced by amounts in
dispute and any unposted payments received by the month’s end. Finance charges
will be noted on invoices sent to Agency under this section.
Invoices will be sent to AGENCY via mail or email at the following:
Billing Contact Name: Bryan Bear_
Email:__bbear@ci.hugo.mn.us_
Address:___14669 Fitzgerald Avenue North
Hugo, MN 55038
ARTICLE III – AGENCY OBLIGATIONS
In consideration of the covenants of BNSF and MNNR set forth herein and the faithful
performance thereof, Agency agrees as follows:
1) Agency must furnish to BNSF and MNNR plans and specifications for the Project.
Said plans (reduced size 11” x 17”), showing the plan and profile of the roadway work
on BNSF right-of-way and marked as Exhibit A, attached hereto and made a part
hereof, must be submitted to BNSF and MNNR for the development of railroad cost
estimates.
2) Agency must make any required application and obtain all required permits and
approvals for the construction of the Project.
Contract Number: BF-20583561
6 of 59
3) Agency must make any and all arrangements, in compliance with BNSF’s Utility
Accommodation Manual (http://www.bnsf.com/communities/faqs/pdf/utility.pdf), for
the installation or relocation of wire lines, pipe lines and other facilities owned by
private persons, companies, corporations, political subdivisions or public utilities other
than BNSF which may be necessary for the construction of the Project.
4) Agency must construct the Project as shown on the attached Exhibit A and do all work
(“Agency’s Work”) provided for in the plans and specifications for the Project, except
railroad work that will be performed by MNNR hereunder. Agency must furnish all
labor, materials, tools and equipment for the performance of Agency’s Work. The
principal elements of Agency’s Work are as follows:
A. Design and pavement rehabilitation of 130TH Street North;
B. Installation of a pavement marking stop bar in accordance with the Manual on
Uniform Traffic Control Devices (hereinafter called, “MUTCD”);
C. Installation of advance warning signs in accordance with the MUTCD
D. Perform all necessary grading and paving, including backfill of excavations and
restoration of disturbed vegetation on BNSF’s right-of-way;
E. Provide suitable drainage, both temporary and permanent;
F. Provide all barricades, lights, flagmen or traffic control devices necessary for
preventing vehicular traffic from using a portion of the Crossing, during the
installation of the concrete crossing surfaces,
G. Construct asphalt/concrete roadway surface on approaches to each track. Roadway
surface will match elevation of the Main (and Siding) Track crossing surface(s) and
remain level to a point at least thirty (30) feet from nearest rail. Any concrete headers
will be constructed no closer than 5’-6” (preferably 6’-0”) from centerline of each
track to provide for a minimum of 11’-0” (preferably 12’-0”) opening for track and
railroad crossing surface;
H. Provide and place six (6) to twelve (12) inch wide section of asphalt between
roadway concrete headers (and sidewalks) and the new concrete crossing surfaces.
I. Job site cleanup including removal of all construction materials, concrete debris,
surplus soil, refuse, contaminated soils, asphalt debris, litter and other waste
materials to the satisfaction of MNNR;
Contract Number: BF-20583561
7 of 59
6) The Agency must have advanced railroad crossing signs and standard pavement
markings in place at the crossing shown on Exhibit A (if the same are required by the
MUTCD) prior to the acceptance of this Project by the Agency.
7) The Agency must give MNNR written notice to proceed (“Notice to Proceed”) with
the railroad portion of the work after receipt of necessary funds for the Project. MNNR
will not begin the railroad work (including, without limitation, procurement of supplies,
equipment or materials) until written Notice to Proceed is received from Agency.
8) The Agency’s Work must be performed by Agency or Agency's contractor in a manner
that will not endanger or interfere with the safe and timely operations of MNNR and its
facilities.
9) For any future inspection or maintenance, either routine or otherwise, performed by
subcontractors on behalf of the Agency, Agency shall require the subcontractors to
comply with the provisions of the attached Exhibit C and execute the agreement
attached hereto as Exhibit C-1. Prior to performing any future maintenance with its
own personnel, Agency shall: comply with all of BNSF’s applicable safety rules and
regulations; require any Agency employee performing maintenance to complete the
safety training program at the BNSF’s Internet Website
“www.contractororientation.com”; notify BNSF when, pursuant to the requirements of
Exhibit C, a flagger is required to be present; procure, and have approved by BNSF’s
Risk Management Department, Railroad Protective Liability insurance.
10) Agency must require its contractor(s) to notify MNNR’s Roadmaster at least thirty
(30) calendar days prior to requesting a MNNR flagman in accordance with the
requirements of Exhibit C attached hereto. Additionally, Agency must require its
contractor(s) to notify MNNR thirty (30) calendar days prior to commencing work on
BNSF property or near MNNR tracks.
11) Agency must include the following provisions in any contract with its contractor(s)
performing work on said Project:
A. The Contractor is placed on notice that fiber optic, communication and other cable
lines and systems (collectively, the “Lines”) owned by various telecommunications
companies may be buried on BNSF’s property or right-of-way. The locations of
these Lines have been included on the plans based on information from the
telecommunications companies. The contractor will be responsible for contacting
BNSF and the telecommunications companies and notifying them of any work that
Contract Number: BF-20583561
8 of 59
may damage these Lines or facilities and/or interfere with their service. The
contractor must also mark all Lines shown on the plans or marked in the field in order
to verify their locations. The contractor must also use all reasonable methods when
working in the BNSF right-of-way or on BNSF property to determine if any other
Lines (fiber optic, cable, communication or otherwise) may exist.
B. Failure to mark or identify these Lines will be sufficient cause for BNSF’s engineering
representative Dan Peltier to stop construction at no cost to the Agency, BNSF, or
MNNR until these items are completed.
C. The Contractor will be responsible for the rearrangement of any facilities or Lines
determined to interfere with the construction. The Contractor must cooperate fully
with any telecommunications company(ies) in performing such rearrangements.
D. In addition to the liability terms contained elsewhere in this Agreement, the
contractor hereby indemnifies, defends and holds harmless BNSF and MNNR for,
from and against all cost, liability, and expense whatsoever (including, without
limitation, attorney’s fees and court costs and expenses) arising out of or in any way
contributed to by any act or omission of Contractor, its subcontractors, agents and/or
employees that cause or in any way or degree contribute to (1) any damage to or
destruction of any Lines by Contractor, and/or its subcontractors, agents and/or
employees, on BNSF’s property or within BNSF’s right -of-way, (2) any injury to or
death of any person employed by or on behalf of any telecommunications company,
and/or its contractor, agents and/or employees, on BNSF’s property or within
BNSF’s right-of-way, and/or (3) any claim or cause of action for alleged loss of profits
or revenue by, or loss of service by a customer or user of such telecommunication
company(ies).THE LIABILITY ASSUMED BY CONTRACTOR WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE,
DESTRUCTION, INJURY, DEATH, CAUSE OF ACTION OR CLAIM WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF BNSF, ITS
AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE, EXCEPT TO THE
EXTENT THAT SUCH CLAIMS ARE PROXIMATELY CAUSED BY THE
INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE OF BNSF or MNNR.
13) Agency must require compliance with the obligations set forth in this agreement,
including Exhibit C and Exhibit C-1, and incorporate in each prime contract for
construction of the Project, or the specifications therefor (i) the provisions set forth in
Article III and IV; and (ii) the provisions set forth in Exhibit C and Exhibit C-1, attached
hereto and by reference made a part hereof.
Contract Number: BF-20583561
9 of 59
14) Except as otherwise provided below in this Section 13, all construction work performed
hereunder by Agency for the Project will be pursuant to a contract or contracts to be
let by Agency, and all such contracts must include the following:
A. All work performed under such contract or contracts within the limits of BNSF's
right-of-way must be performed in a good and workmanlike manner in accordance
with plans and specifications approved by BNSF and MNNR;
B. Changes or modifications during construction that affect safety or MNNR
operations must be subject to BNSF's and MNNR’s approval;
C. No work will be commenced within BNSF's right-of-way until each of the prime
contractors employed in connection with said work must have (i) executed and
delivered to BNSF an agreement in the form of Exhibit C-l, and (ii) delivered to and
secured BNSF's approval of the required insurance; and
D. If it is in Agency’s best interest, Agency may direct that the construction of the
Project be done by day labor under the direction and control of Agency, or if at any
time, in the opinion of Agency, the contractor has failed to prosecute with diligence
the work specified in and by the terms of said contract, Agency may terminate its
contract with the contractor and take control over the work and proceed to
complete the same by day labor or by employing another contractor(s) provided;
however, that any contractor(s) replacing the original contractor(s) must comply
with the obligations in favor of BNSF set forth above and, provided further, that if
such construction is performed by day labor, Agency will, at its expense, procure
and maintain on behalf of BNSF the insurance required by Exhibit C-1.
E. To facilitate scheduling for the Project, Agency shall have its contractor give
MNNR’s Roadmaster 90 days advance notice of the proposed times and dates for
work windows. MNNR and Agency’s contractor will establish mutually agreeable
work windows for the Project. MNNR has the right at any time to revise or change
the work windows, due to train operations or service obligations. MNNR will not
be responsible for any additional costs and expenses resulting from a change in
work windows. Additional costs and expenses resulting from a change in work
windows shall be accounted for in the contractor’s expenses for the Project.
15) Agency must advise the appropriate BNSF's Manager Public Projects, in writing, of
the completion date of the Project within thirty (30) days after such completion date.
Additionally, Agency must notify MNNR, in writing, of the date on which Agency and/or
its Contractor will meet with MNNR for the purpose of making final inspection of the
Project.
Contract Number: BF-20583561
10 of 59
16) TO THE FULLEST EXTENT PERMITTED BY LAW, AGENCY HEREBY
RELEASES, INDEMNIFIES, DEFENDS AND HOLDS HARMLESS BNSF & MNNR,
ITS AFFILIATED COMPANIES, PARTNERS, SUCCESSORS, ASSIGNS, LEGAL
REPRESENTATIVES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES
AND AGENTS FOR, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES,
FINES, PENALTIES, COSTS, DAMAGES, LOSSES, LIENS, CAUSES OF ACTION,
SUITS, DEMANDS, JUDGMENTS AND EXPENSES (INCLUDING, WITHOUT
LIMITATION, COURT COSTS AND ATTORNEYS’ FEES) OF ANY NATURE, KIND
OR DESCRIPTION OF ANY PERSON (INCLUDING, WITHOUT LIMITATION, THE
EMPLOYEES OF THE PARTIES HERETO) OR ENTITY DIRECTLY OR
INDIRECTLY ARISING OUT OF, RESULTING FROM OR RELATED TO (IN WHOLE
OR IN PART) (I) THE USE, OCCUPANCY OR PRESENCE OF AGENCY, ITS
CONTRACTORS, SUBCONTRACTORS, EMPLOYEES OR AGENTS IN, ON, OR
ABOUT THE CONSTRUCTION SITE, (II) THE PERFORMANCE, OR FAILURE TO
PERFORM BY THE AGENCY, ITS CONTRACTORS, SUBCONTRACTORS,
EMPLOYEES, OR AGENTS, ITS WORK OR ANY OBLIGATION UNDER THIS
AGREEMENT, (III) THE SOLE OR CONTRIBUTING ACTS OR OMISSIONS OF
AGENCY, ITS CONTRACTORS, SUBCONTRACTORS, EMPLOYEES, OR
AGENTS IN, ON, OR ABOUT THE CONSTRUCTION SITE, (IV) AGENCY’S
BREACH OF THE TEMPORARY CONSTRUCTION LICENSE OR EASEMENT
GRANTED TO AGENCY PURSUANT TO ARTICLE II OF THIS AGREEMENT, (V)
ANY RIGHTS OR INTERESTS GRANTED TO AGENCY PURSUANT TO THE
TEMPORARY CONSTRUCTION LICENSE OR EASEMENT DISCUSSED IN
ARTICLE II OF THIS AGREEMENT, (VI) AGENCY’S OCCUPATION AND USE OF
BNSF’S PROPERTY OR RIGHT-OF-WAY, INCLUDING, WITHOUT LIMITATION,
SUBSEQUENT MAINTENANCE OF THE PROJECT BY AGENCY, OR (VII) AN ACT
OR OMISSION OF AGENCY OR ITS OFFICERS, AGENTS, INVITEES,
EMPLOYEES OR CONTRACTORS OR ANYONE DIRECTLY OR INDIRECTLY
EMPLOYED BY ANY OF THEM, OR ANYONE THEY CONTROL OR EXERCISE
CONTROL OVER. THE LIABILITY ASSUMED BY AGENCY WILL NOT BE
AFFECTED BY THE FACT, IF IT IS A FACT, THAT THE DAMAGE, DESTRUCTION,
INJURY OR DEATH WAS OCCASIONED BY OR CONTRIBUTED TO BY THE
NEGLIGENCE OF BNSF OR MNNR, ITS AGENTS, SERVANTS, EMPLOYEES OR
OTHERWISE, EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE
PROXIMATELY CAUSED BY THE INTENTIONAL MISCONDUCT OR GROSS
NEGLIGENCE OF BNSF OR MNNR.
Contract Number: BF-20583561
11 of 59
17) MNNR will perform the work to remove the crossing surface within its right-of-way
crossing at 140th Street North, Milepost DOT No. 082589E, Line Segment 214, at
Milepost 15.787. Agency agrees to fully reimburse MNNR for all such work.
ARTICLE IV – JOINT OBLIGATIONS
IN CONSIDERATION of the premises, the parties hereto mutually agree to the following:
1) All work contemplated in this Agreement must be performed in a good and
workmanlike manner and each portion must be promptly commenced by the party
obligated hereunder to perform the same and thereafter diligently prosecuted to
conclusion in its logical order and sequence. Furthermore, any changes or
modifications during construction which affect BNSF or MNNR will be subject to
BNSF's and MNNR’s approval prior to the commencement of any such changes or
modifications.
2) The work hereunder must be done in accordance with the Exhibit A and the detailed
plans and specifications approved by BNSF and MNNR.
3) Agency must require its contractor(s) to reasonably adhere to the Project's
construction schedule for all Project work. The parties hereto mutually agree that
MNNR’s failure to complete the railroad work in accordance with the construction
schedule due to inclement weather or unforeseen railroad emergencies will not
constitute a breach of this Agreement by MNNR and will not subject MNNR to any
liability. Regardless of the requirements of the construction schedule, MNNR reserves
the right to reallocate the labor forces assigned to complete the railroad work in the
event of an emergency to provide for the immediate restoration of railroad operations
of either MNNR or its related railroads, or to protect persons or property on or near
any BNSF or MNNR owned property. MNNR will not be liable for any additional costs
or expenses resulting from any such reallocation of its labor forces. The parties
mutually agree that any reallocation of labor forces by MNNR pursuant to this
provision and any direct or indirect consequences or costs resulting from any such
reallocation will not constitute a breach of this Agreement by MNNR.
4) BNSF or MNNR will have the right to stop construction work on the Project if any of
the following events take place: (i) Agency (or any of its contractors) performs the
Project work in a manner contrary to the plans and specifications approved by BNSF;
(ii) Agency (or any of its contractors), in BNSF’s opinion, prosecutes the Project work
in a manner that is hazardous to BNSF property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1
is canceled during the course of the Project; or (iv) Agency fails to pay BNSF for the
Temporary Construction License or the Easement pursuant to Article II, Section 1 of
this Agreement. The work stoppage will continue until all necessary actions are ta ken
Contract Number: BF-20583561
12 of 59
by Agency or its contractor to rectify the situation to the satisfaction of BNSF’s Division
Engineer or until proof of additional insurance has been delivered to and accepted by
BNSF. In the event of a breach of (i) this Agreement, (ii) the Temporary Construction
License, or (iii) the Easement, BNSF may immediately terminate the Temporary
Construction License or the Easement. Any such work stoppage under this provision
will not give rise to any liability on the part of BNSF or MNNR. BNSF’s right to stop
the work is in addition to any other rights BNSF may have including, but not limited to,
actions or suits for damages or lost profits. In the event that BNSF desires to stop
construction work on the Project, BNSF or MNNR agrees to immediately notify the
following individual in writing:
_Bryan Bear
_City Administrator_
_14669 Fitzgerald Avenue North __
_Hugo, MN 55038_
5) Agency must supervise and inspect the operations of all Agency contractors to ensure
compliance with the plans and specifications approved by MNNR, the terms of this
Agreement and all safety requirements of BNSF. If BNSF or MNNR determines that
proper supervision and inspection are not being performed by Agency personnel at
any time during construction of the Project, BNSF or MNNR has the right to stop
construction (within or adjacent to its operating right-of-way). Construction of the
Project will not proceed until Agency corrects the situation to BNSF’s and MNNR’s
reasonable satisfaction. If BNSF and MNNR feels the situation is not being corrected
in an expeditious manner, BNSF will immediately notify [___Bryan Bear__] for
appropriate corrective action.
6) Pursuant to this section and Article II, Section 6 herein, Agency must reimburse MNNR
in full for the actual costs of all work performed by MNNR under this Agreement
(including taxes, such as applicable sales and use taxes, business and occupation
taxes, and similar taxes),
7) All expenses detailed in statements sent to Agency pursuant to Article II, Section 6
herein will comply with the terms and provisions of the Title 23 U.S. Code, Title 23
Code of Federal Regulations, and the Federal-Aid Policy Guide, U.S. Department of
Transportation, as amended from time to time, which manual is hereby incorporated
into and made a part of this Agreement by reference. The parties mutually agree that
BNSF's and MNNR’s preliminary engineering, design, and contract preparation costs
described in Article II, Section 2 herein are part of the costs of the Project even though
such work may have preceded the date of this Agreement.
Contract Number: BF-20583561
13 of 59
8) The construction of the Project will not commence until Agency gives BNSF's Manager
Public Projects thirty (30) days prior written notice of such commencement. The
commencement notice will reference BNSF's file number and D.O.T. Crossing No.
082586J and must state the time that construction activities will begin.
9) In addition to the terms and conditions set forth elsewhere in this Agreement, BNSF,
MNNR and the Agency agree to the following terms upon completion of construction
of the Project:
A. Agency will own and be fully responsible for repairs, maintenance, future
construction or reconstruction of the 130TH Street North roadway.
B. Agency will maintain the elevation of the 130th Street North roadway
approaches to match the elevation on the railroad track crossing surfaces and
to be no more than three (3) inches above or six (6) inches below top -of-rail
elevation at a distance measured thirty (30) feet from the nearest rail.
C. Agency will maintain the advanced railroad crossing warning signs and
pavement markings and agrees to hold harmless and indemnify BNSF and
MNNR for any claims, damages or losses, in whole or in part, caused by or due
to the Agency’s failure to maintain the advanced warning signs and markings
or other requirements of the MUTCD.
D. Agency will do nothing and permit nothing to be done in the maintenance of the
130th Street North roadway, which will interfere with or endanger facilities of
MNNR.
E. It is expressly understood by Agency, BNSF, and MNNR that any right to install
utilities will be governed by a separate permit or license agreement between
the parties hereto.
F. MNNR will, at its sole cost and expense, operate and maintain the Crossing
Signal Equipment, Crossing Signal Control House, and the new crossing
surfaces, from end-of-tie to end-of-tie, in proper condition and the new crossing
surfaces, from end-of-tie to end-of-tie.
G. Notwithstanding the preceding provision, if any regulations, ordinances, acts,
rules or other laws subsequently passed or amended by the Agency or any
other governmental or legislative authority increase the Agency’s portion of
maintenance cost under this Agreement, BNSF and MNNR will receive the
benefit of any such regulations, ordinances, acts, rules or other laws and the
Contract Number: BF-20583561
14 of 59
Agency’s increased portion of maintenance costs will be incorporated into and
made a part of this Agreement.
H. If a railway or highway improvement project necessitates rearrangement,
relocation, or alteration of the Crossing Signal Equipment, Crossing Signal
House, or the new crossing surface installed hereunder, the costs for such
rearrangement, relocation or alteration will be the responsibility of the party
requesting such changes.
I. If any of the Crossing Signal Equipment is partially or wholly destroyed, then
such repair and/or replacement costs must be distributed among the parties as
follows:
i) In the event the MNNR’s sole negligence destroys or damages the
Crossing Signal Equipment and/or the Crossing Signal House, MNNR
must, at its sole cost and expense, replace or repair such Crossing Signal
Equipment and/or Crossing Signal House.
ii) In the event the Crossing Signal Equipment is damaged or destroyed by
any other cause, Agency must reimburse MNNR for the costs to replace or
repair such Crossing Signal Equipment and/or Crossing Signal House.
J. If the Crossing Signal Equipment and/or Crossing Signal House installed
hereunder cannot, through age, be maintained, or by virtue of its obsolescence,
requires replacement, the cost of installation of the new crossing signal
equipment and/or new crossing signal house will be negotiated by the parties
hereto on the basis of the current Federal Aid Railroad Signal Program
participation and applicable Agency at the time of such replacement is
warranted.
K. MNNR will operate and maintain, at its expense, the railroad crossing warning
devices up to the contact terminals in the interface box.
10) Agency must notify and obtain prior authorization from BNSF's Manager of Public
Project and MNNR before entering BNSF's right-of-way for Inspection and
Maintenance purposes and MNNR will determine if flagging is required. If the
construction work hereunder is contracted, Agency must require its prime
contractor(s) to comply with the obligations set forth in Exhibit C and Exhibit C-1, as
the same may be revised from time to time. Agency will be responsible for its
contractor(s) compliance with such obligations.
Contract Number: BF-20583561
15 of 59
11) Any books, papers, records and accounts of the parties hereto relating to the work
hereunder or the costs or expenses for labor and material connected with the
construction will at all reasonable times be open to inspection and audit by the agents
and authorized representatives of the parties hereto, as well as the State of Minnesota
and the Federal Highway Administration, for a period of one (1) year from the date of
the final MNNR invoice under this Agreement.
12) The covenants and provisions of this Agreement are binding upon and inure to the
benefit of the successors and assigns of the parties hereto. Notwithstanding the
preceding sentence, neither party hereto may assign any of its rights or obligations
hereunder without the prior written consent of the other party.
13) In the event construction of the Project does not commence within 18 months of
the Effective Date, this Agreement will become null and void.
14) Neither termination nor expiration of this Agreement will release either party from
any liability or obligation under this Agreement, whether of indemnity or otherwise,
resulting from any acts, omissions or events happening prior to the date of termination
or expiration.
15) To the maximum extent possible, each provision of this Agreement will be
interpreted in such a manner as to be effective and valid under applicable law. If any
provision of this Agreement is prohibited by, or held to be invalid under, applicable
law, such provision will be ineffective solely to the extent of such prohibition or
invalidity and the remainder of the provision will be enforceable.
16) This Agreement (including exhibits and other documents, manuals, etc.
incorporated herein) is the full and complete agreement between BNSF, MNNR and
Agency with respect to the subject matter herein and supersedes any and all other
prior agreements between the parties hereto.
17) Any notice provided for herein or concerning this Agreement must be in writing and
will be deemed sufficiently given when sent by certified mail, return receipt requested,
to the parties at the following addresses:
BNSF: BNSF's Manager Public Projects
80 44th Ave NE
Contract Number: BF-20583561
16 of 59
Minneapolis, MN 55421
Agency: ___Bryan Bear, Hugo City
Administrator________________________
____________14669 Fitzgerald Avenue North
_______________
Hugo, MN 55038
___________________________
SIGNATURE PAGE FOLLOWS
Contract Number: BF-20583561
17 of 59
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
and attested by its duly qualified and authorized officials as of the day and year first above
written.
BNSF RAILWAY COMPANY
By:
Printed Name:
Title:
WITNESS:
___________________________
AGENCY
City of Hugo
WITNESS:
___________________________
By:
Printed Name:
Title: _____________________
MINNESOTA COMMERCIAL RAILWAY
WITNESS:
___________________________
By:
Printed Name:
Title: _____________________
Contract Number: BF-20583561
18 of 59
Exhibit A
[Insert plan and profile layout of the crossing improvements provided by Agency]
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6.67'
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3'
21.08'
R15'
R15'
R15'R5'
17.18'9.4'
LEGEND
PROPOSED CURB AND GUTTER
PROPOSED BITUMINOUS (EDGE)
PROPOSED CONCRETE (EDGE)
PROPOSED BITUMINOUS WALK
PROPOSED 2" BITUMINOUS OVERLAY
WSB PROJECT NO.:
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028436-000
130TH STREET & RAIL CROSSING
2026 BALD EAGLE INDUSTRIAL PARK AREA STREET IMPROVEMENT PROJECT
HUGO, MN
EXHIBIT #1
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AUGUST 1, 2025
130TH ST N
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PROPOSED CONCRETE
RAIL CROSSING
EXISTING CONCRETE RAIL
CROSSING. NOT TO BE
DISTURBED.
EXISTING RAIL TRACKS
REPLACE THE EXISTING
CONCRETE RAMP
EXISTING 20' DRAINAGE
AND UTILITY EASEMENT
16" WIDE WHITE PAINT
16" WIDE WHITE PAINT
RELOCATE PEDESTRIAN
PUSH BUTTON
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TRUNCATED DOMES
PROPOSED 5' TRAIL EASEMENT
PROPOSED 10' TRAIL EASEMENT
EXISTING CURB AND
GUTTER TO REMAIN
CLEAR AND GRUB NORTH OF
CROSSING TO IMPROVE VISIBILITY
OF APPROACHING TRAINS
INSTALL NEW AUDIBLE BELL TO NORTH GATE ARM
1
Easement Agreement
Form 704CM; Rev. 04/20/2023
Exhibit A-1
2
Easement Agreement
Form 704CM; Rev. 04/20/2023
EASEMENT AGREEMENT
FOR 130th At Grade Crossing
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR 130th At Grade Crossing ("Easement Agreement") is made and
entered into as of the _______ day of _____________________ 2025("Effective Date"), by and between BNSF
RAILWAY COMPANY, a Delaware corporation ("Grantor"), and CITY OF HUGO, a political subdivision of the
State of Minnesota. ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of
_______________________, County of _____________, State of _________, at Railroad Line Segment 214 Mile
Post 14.79, as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
dated as of ______________________________________ concerning improvements on or near the Premises
(the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth
in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms
shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason,
no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the
mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein
as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance
with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non -exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administr ative decisions and orders,
including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any
alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and
any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
3
Easement Agreement
Form 704CM; Rev. 04/20/2023
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this
Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises . Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal
property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Gran tee has
not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this
Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED
USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE
PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, INCLUDING ENVIRONMENTAL
CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO
THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and
property with knowledge of its physical condition and the danger inhere nt in Grantor's rail operations on or near
the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties
that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the
Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone
owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail
corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or auth orizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such m anner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such
natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship
equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of
4
Easement Agreement
Form 704CM; Rev. 04/20/2023
the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively,
"Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying
them of any work that may damage these Other Improvements and /or interfere with their service and obtain the
owner’s written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements
on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations.
Grantee must also use all reasonable methods when working on or near Grantor property to determine if any
Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the
above-described premises free and clear from combustible materials and to cut and remove or cause to be cut
and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to
be done at such times and with such frequency as to comply with Grantee and local laws and regulations and
abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi -
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all d ocumentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental
to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become
obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including
all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all Environmental
Laws (as defined below). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or
"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall
not handle, transport, release or suffer the release of Hazardous Materials (as defined below) on or about the
Premises.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of Hazardous Materials on, from, or affecting the Premises.
Grantee shall use its best efforts to immediately respond to any release on or from the Premises. Any violation
of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises must be immediately reported to Grantor at
EnvironmentalLeases@bnsf.com. Grantee also shall give Grantor prompt notice of all measures undertaken on
behalf of Grantee to investigate, remediate, respond to or otherwise cure a release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to tak e timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises.
7.4 Soils and Materials Management.
(a) If during the construction or subsequent maintenance of the Improvements or any other
soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered,
Grantee will stop work immediately and notify Grantor. After consultation with Grantor, Grantee shall, at Grantee’s
expense, characterize any such impacted soils. Upon receiving sampling results, Grantee shall, at Grantee’s
5
Easement Agreement
Form 704CM; Rev. 04/20/2023
expense in consultation with Grantor, manage, remove, and/or dispose any such impacted soils offsite at an
appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable
disposal requirements, shall be in accordance with applicable federal, state, and local Environmental Laws or in
consultation with an agency having the capacity and authority to make such a determination.
(b) All soils and materials to be removed from the Grantor’s property or right of way must be
properly characterized, managed, transported, and disposed at an appropriately -licensed facility, at Grantee’s
expense, in accordance with all Environmental Laws. G rantee shall be the “Generator” of any and all such
materials and waste, as such term is defined in Environmental Laws.
(c) All fill materials to be imported to Grantor’s property shall be certified clean fill or from a
BNSF-approved source.
7.5 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment
and shall take all reasonable actions necessary to prevent injury to p ersons or property arising out of such
conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any
obligation whatsoever imposed on it by this Easement Agreement. Grantee sha ll promptly respond to Grantor's
request for information regarding said conditions or activities.
7.6 Evidence of Compliance. Upon request by Grantor, Grantee agrees to furnish Grantor with proof
satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with
obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at
its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon
termination, Grantee shall remove the Improvements and res tore the Premises as provided in Section 9.
7.7 Notwithstanding anything in this Section 7, the parties agree that Grantor has no duty or obligation
to monitor Grantee’s use of the Premises to determine Grantee’s compliance with Environmental Laws, it being
solely Grantee’s responsibility to ensure that Grantee’s use of the Premises is compliant. Neither the exercise
nor the failure by Grantor to exercise any rights granted in this Section will alter the liability allocation provided by
this Easement Agreement.
7.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code,
rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health,
safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise
pollution or contamination, and underground or above-ground tanks) and shall include, without limitation, CERCLA
42 U.S.C. §9601 et seq.; the Resource Conservation and Recover y Act, 42 U.S.C. §6901 et seq., CERCLA; the
Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33
U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C.
§2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community
Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136
to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651
et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders , and decrees now or hereafter promulgated under any of
the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.
7.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal
governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties
that may be hazardous to human health or the environment, including without limitation asbestos and asbestos -
containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane,
lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii)
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Form 704CM; Rev. 04/20/2023
materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or
identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or
"hazardous wastes" in any Environmental Law.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, m ay arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor
or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of
work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's fai lure to perform any
obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement
Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5)
days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement
Purpose. Any waiver by Grantor of any default or defaults sha ll not constitute a waiver of the right to terminate
this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect
Grantor's ability to enforce any section of this Easement Agreement.
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are
restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not
in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement, whether
by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee shall, at
its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises, including, but not limited to,
environmental damage;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee
to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have
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Form 704CM; Rev. 04/20/2023
a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor.
The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination
will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the
date when Grantee's Improvements are removed and th e Premises are restored to the condition that existed as
of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement,
all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction,
alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes
that are the responsibility of Grantee pursuan t to Section 6. Grantor is hereby authorized to post any notices or
take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the
attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any
such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this
Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an
exchange under Section 1031 of the Internal Revenue Code. In such event , Grantor shall provide Grantee with
a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such
notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the following address: BNSF Railway Company , Real Estate Department, 2650 Lou Menk Drive,
AOB-2 Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by
notice to Grantee.
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. The Memorandum of Easement shall be recorded in the real esta te records
in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and
recorded as described above within 30 days of the Effective Date, Grantor shall have the right to terminate this
Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of [Texas] without regard to conflicts
of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument
and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the
parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding
upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
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Easement Agreement
Form 704CM; Rev. 04/20/2023
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and
enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions
hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will
be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal,
invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the full and
complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of
the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of
Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior writ ten agreement between the
parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay
upon return of this Easement Agreement signed by Grantee to Grantor's Broker a processing fee in the amount
of $2,500.00 over and above the agreed upon acquisition price. Said fee shall be made payable to BNSF Railway
Company by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name: Cary Hutchings
Title: Director Real Estate
GRANTEE:
CITY OF HUGO,
a political subdivision of the State of Minnesota
By:
Name:
Title:
1
Easement - Exhibit A Form 704CM; Rev. 03/23/2019
EXHIBIT "A"
Premises
Contract Number: BF-20583561
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EXHIBIT “B”
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day of_________________,
2025, by and between BNSF RAILWAY COMPANY, a Delaware corporation ("Grantor"), whose address for
purposes of this instrument is 2500 Lou Menk Drive, Fort Worth, Texas 76131, and CITY OF HUGO, a political
subdivision of the State of Minnesota("Grantee"), whose address for purposes of this instrument is
_________________________________, which terms "Grantor" and "Grantee" shall include, wherever the context
permits or requires, singular or plural, and the heirs, legal representatives, successors and as signs of the respective
parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in Washington County, Minnesota as
described on Exhibit "A" attached hereto and incorporated herein by reference (the "Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 2025 (the "Easement Agreement") which set forth, among other things, the
terms of an easement granted by Grantor to Grantee over and across the Premises (the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the Easement
Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged, Grantor does grant
unto Grantee and Grantee does hereby accept from Grantor the Easement over and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement Agreement, shall be
perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are incorporated herein by
this reference for all purposes as though written out at length herein, and both the Easement Agreement and this
Memorandum of Easement shall be deemed to constitute a single instrument or document. This Memorandum of
Easement is not intended to amend, modify, supplement, or supersede any of the provisions of the Easement
Agreement and, to the extent there may be any conflict or inconsistency between t he Easement Agreement or this
Memorandum of Easement, the Easement Agreement shall control.
END OF PAGE – SIGNATURE PAGE FOLLOWS
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
Contract Number: BF-20583561
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IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of Easement to as of the date and
year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name: Cary Hutchings
Title: Director Real Estate
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 2025, by
______________________________ (name) as ___________________________________(title) of BNSF
RAILWAY COMPANY, a Delaware corporation.
Notary Public
My appointment expires:
(Seal)
Contract Number: BF-20583561
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GRANTEE:
_____________________________,
_____________________________
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of _______________________, 2025, by
___________________________________ (name) as ______________________________(title) of
___________________________________, a ________________________________________.
Notary Public
My appointment expires:
(Seal)
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
Contract Number: BF-20583561
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EXHIBIT "C"
CONTRACTOR REQUIREMENTS
1) General
A. The Contractor must cooperate with BNSF RAILWAY COMPANY, hereinafter referred to
as "Railway" where work is over or under on or adjacent to Railway property and/or
right-of-way, hereafter referred to as "Railway Property", during the construction of
_______________________________________________________________________
_______________________________________________________________________
______________________________________________________________________.
B. The Contractor must execute and deliver to the Railway duplicate copies of the Exhibit “C-
1” Agreement, in the form attached hereto, obligating the Contractor to provide and
maintain in full force and effect the insurance called for under Section 3 of said Exhibit “C-
1”. Questions regarding procurement of the Railroad Protective Liability Insurance should
be directed to Rosa Martinez at Marsh, USA, 214 -303-8519.
C. The Contractor must plan, schedule and conduct all work activities so as not to interfere
with the movement of any trains on Railway Property.
D. The Contractor's right to enter Railway's Property is subject to the absolute right of Railway
to cause the Contractor's work on Railway's Property to cease if, in the opinion of Railway,
Contractor's activities create a hazard to Railway's Property, employees, and/or
operations. Railway will have the right to stop construction work on the Project if any of the
following events take place: (i) Contractor (or any of its subcontractors) performs the
Project work in a manner contrary to the plans and specifications approved by Railway; (ii)
Contractor (or any of its subcontractors), in Railway’s opinion, prosecutes the Project work
in a manner which is hazardous to Railway property, facilities or the safe and expeditious
movement of railroad traffic; (iii) the insurance described in the attached Exhibit C-1 is
canceled during the course of the Project; or (iv) Contractor fails to pay Railway for the
Temporary Construction License or the Easement. The work stoppage will continue until
all necessary actions are taken by Contractor or its subcontractor to rectify the situation to
the satisfaction of Railway’s Division Engineer or until additional insurance has been
delivered to and accepted by Railway. In the event of a breach of (i) this Agreement, (ii)
the Temporary Construction License, or (iii) the Easement, Railway may immediately
terminate the Temporary Construction License or the Easement. Any such work stoppage
under this provision will not give rise to any liability on the part of Railway. Railway’s right
to stop the work is in addition to any other rights Railway may have including, but not limited
to, actions or suits for damages or lost profits. In the event that Railway desires to stop
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construction work on the Project, Railway agrees to immediately notify the following
individual in writing:
_____Bryan Bear__________________
____________City Administrator___________
___________14669 Ftizgerald Avenue North____________
_______Hugo, MN 55038________________
E. The Contractor is responsible for determining and complying with all Federal, State and
Local Governmental laws and regulations, including, but not limited to Environmental Laws
(as defined below) and health and safety laws and regulations. The Contractor hereby
indemnifies, defends and holds harmless Railway for, from and against all fines or penalties
imposed or assessed by Federal, State and Local Governmental Agencies against the
Railway which arise out of Contractor's work under this Agreement.
F. The Contractor must notify City of Hugo at (651_____)___755-6815______________ and
Railway's Manager Public Projects, telephone number (_____)_________________ at
least thirty (30) calendar days before commencing any work on Railway Property.
Contractor’s notification to Railway must refer to Railway's file ___________.
G. For any bridge demolition and/or falsework above any tracks or any excavations located
with any part of the excavations located within, whichever is greater, twenty -five (25) feet
of the nearest track or intersecting a slope from the plane of the top of rail on a 2 horizontal
to 1 vertical slope beginning at eleven (11) feet from centerline of the nearest track, both
measured perpendicular to center line of track, the Contractor must furnish the Railway five
sets of working drawings showing details of construction affecting Railway Property and
tracks. The working drawing must include the proposed method of installation and removal
of falsework, shoring or cribbing, not included in the contract plans and two sets of
structural calculations of any falsework, shoring or cribbing. For all excavation and shoring
submittal plans, the current “BNSF-UPRR Guidelines for Temporary Shoring” must be used
for determining the design loading conditions to be used in shoring design, and all
calculations and submittals must be in accordance with the current “BNSF-UPRR
Guidelines for Temporary Shoring”. All submittal drawings and calculations must be
stamped by a registered professional engineer licensed to practice in the state the project
is located. All calculations must take into consideration railway surcharge loading and must
be designed to meet American Railway Engineering and Maintenance -of-Way Association
(previously known as American Railway Engineering Association) Coopers E-80 live
loading standard. All drawings and calculations must be stamped by a registered
professional engineer licensed to practice in the state the project is located. The Contractor
must not begin work until notified by the Railway that plans have been approved. The
Contractor will be required to use lifting devices such as, cranes and/or winches to place
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or to remove any falsework over Railway's tracks. In no case will the Contractor be relieved
of responsibility for results obtained by the implementation of said approved plans.
H. Subject to the movement of Railway's trains, Railway will cooperate with the Contractor
such that the work may be handled and performed in an efficient manner. The Contractor
will have no claim whatsoever for any type of damages or for extra or additional
compensation in the event his work is delayed by the Railway.
2) Contractor Safety Orientation
A. No employee of the Contractor, its subcontractors, agents or invitees may enter
Railway Property without first having completed Railway’s Engineering Contractor
Safety Orientation, found on the web site www.BNSFContractor.com. The Contractor
must ensure that each of its employees, subcontractors, agents or invitees
completes Railway’s Engineering Contractor Safety Orientation through internet
sessions before any work is performed on the Project. Additionally, the Contractor
must ensure that each and every one of its employees, subcontractors, agents or
invitees possesses a card certifying completion of the Railway Contractor Safety
Orientation before entering Railway Property. The Contractor is responsible for the
cost of the Railway Contractor Safety Orientation. The Contractor must renew the
Railway Contractor Safety Orientation annually. Further clarification can be found
on the web site or from the Railway’s Representative.
3) Railway Requirements
A. The Contractor must take protective measures as are necessary to keep railway facilities,
including track ballast, free of sand, debris, and other foreign objects and materials
resulting from his operations. Any damage to railway facilities resulting from Contractor's
operations will be repaired or replaced by Railway and the cost of such repairs or
replacement must be paid for by the Agency.
B. The Contractor must notify the Railway's Project Engineer ________________________
at (_____)_________________ and provide blasting plans to the Railway for review seven
(7) calendar days prior to conducting any blasting operations adjacent to or on Railway's
Property.
C. The Contractor must abide by the following temporary clearances during construction:
▪ 15’-0” Horizontally from centerline of nearest track
▪ 21’-6” Vertically above top of rail
▪ 27'-0" Vertically above top of rail for electric wires carrying less than 750 volts
▪ 28'-0" Vertically above top of rail for electric wires carrying 750 volts to 15,000 volts
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▪ 30'-0" Vertically above top of rail for electric wires carrying 15,000 volts to 20,000
volts
▪ 34'-0" Vertically above top of rail for electric wires carrying more than 20,000 volts
D. Upon completion of construction, the following clearances shall be maintained:
▪ 25’ Horizontally from centerline of nearest track
▪ 23’ 6” Vertically above top of rail
E. Any infringement within State statutory clearances due to the Contractor's operations must
be submitted to the Railway and to the City of Hugo and must not be undertaken until
approved in writing by the Railway, and until the City of Hugo has obtained any necessary
authorization from the State Regulatory Authority for the infringement. No extra
compensation will be allowed in the event the Contractor's work is delayed pending Railway
approval, and/or the State Regulatory Authority's approval.
F. In the case of impaired vertical clearance above top of rail, Railway will have the option of
installing tell-tales or other protective devices Railway deems necessary for protection of
Railway operations. The cost of tell-tales or protective devices will be borne by the Agency.
G. The details of construction affecting the Railway's Property and tracks not included in the
contract plans must be submitted to the Railway by City of Hugo for approval before work
is undertaken and this work must not be undertaken until approved by the Railway.
H. At other than public road crossings, the Contractor must not move any equipment or
materials across Railway's tracks until permission has been obtained from the Railway.
The Contractor must obtain a "Temporary Construction Crossing Agreement" from the
Railway prior to moving his equipment or materials across the Railways tracks. The
temporary crossing must be gated and locked at all times when not required for use by the
Contractor. The temporary crossing for use of the Contractor will be constructed and, a t
the completion of the project, removed at the expense of the Contractor.
I. Discharge, release or spill on the Railway Property of any hazardous substances, oil,
petroleum, constituents, pollutants, contaminants, or any hazardous waste is prohibited
and Contractor must immediately notify the Railway's Resource Operations Center at
1(800) 832-5452, of any discharge, release or spills in excess of a reportable quantity.
Contractor must not allow Railway Property to become a treatment, storage or transfer
facility as those terms are defined in the Resource Conservation and Recovery Act or any
state analogue.
J. The Contractor upon completion of the work covered by this contract, must promptly
remove from the Railway's Property all of Contractor's tools, equipment, implements and
other materials, whether brought upon said property by said Contractor or any
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Subcontractor, employee or agent of Contractor or of any Subcontractor, and must cause
Railway's Property to be left in a condition acceptable to the Railway's representative.
4) Contractor Roadway Worker on Track Safety Program and Safety Action Plan
A. Each Contractor that will perform work within 25 feet of the centerline of a track must
develop and implement a Roadway Worker Protection/On Track Safety Program and work
with Railway Project Representative to develop an on track safety strategy as describ ed in
the guidelines listed in the on track safety portion of the Safety Orientation. This Program
must provide Roadway Worker protection/on track training for all employees of the
Contractor, its subcontractors, agents or invitees. This training is reinfo rced at the job site
through job safety briefings. Additionally, each Contractor must develop and implement the
Safety Action Plan, as provided for on the web site www.BNSFContractor.com, which will
be made available to Railway prior to commencement of any work on Railway Property.
During the performance of work, the Contractor must audit its work activities. The
Contractor must designate an on-site Project Supervisor who will serve as the contact
person for the Railway and who will maintain a copy of the Safety Action Plan, safety audits,
and Material Safety Datasheets (MSDS), at the job site.
B. Contractor shall have a background investigation performed on all of its employees,
subcontractors and agents who will be performing any services for Railroad under this
Agreement which are determined by Railroad in its sole discretion a) to be on Railroad’s
property, or b) that require access to Railroad Critical Infrastructure, Railroad Critical
Information Systems, Railroad’s Employees, Hazardous Materials on Railroad’s property
or is being transported by or otherwise in the custody of Railroad, or Freight in Transit
involving Railroad.
i) The required background screening shall at a minimum meet the rail industry
background screening criteria defined by the e-RAILSAFE Program as outlined at
www.erailsafe.com, in addition to any other applicable regulatory requirements.
ii) Contractor shall obtain written consent from all its employees, subcontractors or
agents screened in compliance with the e-RAILSAFE Program to participate in the
Program on their behalf and to release completed background information to
Railroad’s designee. Contractor shall be subject to periodic audit to ensure
compliance.
iii) Contractor subject to the e-RAILSAFE Program hereunder shall not permit any of its
employees, subcontractors or agents to perform services hereunder who are not first
approved under e-RAILSAFE Program standards. Railroad shall have the right to deny
entry onto its premises or access as described in this section above to any of
Contractor's employees, subcontractors or agents who do not display the authorized
identification badge issued by a background screening service meeting the standards
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set forth in the e-RAILSAFE Program, or who in Railroad's opinion, which may not be
unreasonable, may pose a threat to the safety or security of Railroad's operations,
assets or personnel.
iv) Contractors shall be responsible for ensuring that its employees, subcontractors and
agents are United States citizens or legally working in the United States under a lawful
and appropriate work VISA or other work authorization.
5) Railway Flagger Services
A. The Contractor must give BNSF’s Scheduling Agent (BNSFScheduling@wilsonco.com) a
minimum of thirty (30) calendar days advance notice when flagging services will be
required so that the Scheduling Agent can make appropriate arrangements (i.e., obtain
availability and cost estimate for three (3) approved vendors for selection ). If flagging
services are scheduled in advance by the Contractor and it is subsequently determined by
the parties hereto that such services are no longer necessary, the Contractor must give
the Scheduling Agent ten (10) working days advance notice so that appropriate
arrangements can be made to abolish the position pursuant to union requirements.
B. Unless determined otherwise by Railway’s Project Representative, protective flagging
services will be required when Contractor’s work activities are located over, under and/or
within twenty-five (25) feet measured horizontally from centerline of the nearest track and
when cranes or similar equipment positioned beyond 25 -feet from the track centerline
could foul the track in the event of tip over or other catastrophic occurrence, but not limited
thereto for the following conditions:
i) When, upon inspection by Railway’s Representative, other conditions warrant.
ii) When any excavation is performed below the bottom of tie elevation, if, in the opinion
of Railway's representative, track or other Railway facilities may be subject to
movement or settlement.
iii) When work in any way interferes with the safe operation of trains at timetable speeds.
iv) When any hazard is presented to Railway track, communications, signal, electrical, or
other facilities either due to persons, material, equipment or blasting in the vicinity.
v) Special permission must be obtained from the Railway before moving heavy or
cumbersome objects or equipment which might result in making the track impassable.
C. Flagging services will be performed by qualified Railway flaggers.
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i) Flagging crew generally consists of one employee. However, additional personnel may
be required to protect Railway Property and operations, if deemed necessary by the
Railways Representative.
ii) Each time a flagger is called, the minimum period for billing will be the eight (8) hour
basic day.
iii) The cost of flagger services provided by the Railway will be borne by City of Hugo
and invoiced through BNSF’s Scheduling Agent. The estimated cost for one (1) flagger
is approximately between $1,200.00-$2,000.00 for an eight (8) hour basic day with
time and one-half or double time for overtime, rest days and holidays. The estimated
cost for each flagger includes vacation allowance, paid holidays, Railway and
unemployment insurance, public liability and prope rty damage insurance, health and
welfare benefits, vehicle, transportation, meals, lodging, radio, equipment, supervision,
scheduling and other costs incidental to performing flagging services. Negotiations for
Railway labor or collective bargaining agreements and rate changes authorized by
appropriate Federal authorities may increase actual or estimated flagging rates. THE
FLAGGING RATE IN EFFECT AT THE TIME OF PERFORMANCE BY THE
CONTRACTOR HEREUNDER WILL BE USED TO CALCULATE THE ACTUAL
COSTS OF FLAGGING PURSUANT TO THIS PARAGRAPH.
The cost of inspector coordinator services provided by the railway will be borne by
Contractor. The estimated cost for inspector coordinator services is approximately
$1,200 per day. The contractor shall reimburse the railroad for actual costs of
inspection services.
iv) The average train traffic on this route is ______ freight trains per 24 -hour period at a
timetable speed ______ MPH and ______ passenger trains at a timetable speed of
______ MPH.
6) Contractor General Safety Requirements
A. Work in the proximity of railway track(s) is potentially hazardous where movement of trains
and equipment can occur at any time and in any direction. All work performed by
contractors within 25 feet of any track must be in compliance with FRA Roadway Worke r
Protection Regulations.
B. Before beginning any task on Railway Property, a thorough job safety briefing must be
conducted with all personnel involved with the task and repeated when the personnel or
task changes. If the task is within 25 feet of any track, the job briefing must include the
Railway's flagger, as applicable, and include the procedures the Contractor will use to
protect its employees, subcontractors, agents or invitees from moving any equipment
adjacent to or across any Railway track(s).
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C. Workers must not work within 25 feet of the centerline of any track without an on track
safety strategy approved by the Railway’s Project Representative. When authority is
provided, every contractor employee must know: (1) who the Railway flagger is, and how
to contact the flagger, (2) limits of the authority, (3) the method of communication to stop
and resume work, and (4) location of the designated places of safety. Persons or
equipment entering flag/work limits that were not previously job briefed, must notify the
flagger immediately, and be given a job briefing when working within 25 feet of the center
line of track.
D. When Contractor employees are required to work on the Railway Property after normal
working hours or on weekends, the Railway's representative in charge of the project must
be notified. A minimum of two employees must be present at all times.
E. Any employees, agents or invitees of Contractor or its subcontractors under suspicion of
being under the influence of drugs or alcohol, or in the possession of same, will be removed
from the Railway's Property and subsequently released to the custody of a repr esentative
of Contractor management. Future access to the Railway's Property by that employee will
be denied.
F. Any damage to Railway Property, or any hazard noticed on passing trains must be reported
immediately to the Railway's representative in charge of the project. Any vehicle or
machine which may come in contact with track, signal equipment, or structure (bridge) and
could result in a train derailment must be reported immediately to the Railway
representative in charge of the project and to the Railway's Resource Operations Center
at 1(800) 832-5452. Local emergency numbers are to be obtained from the Railway
representative in charge of the project prior to the start of any work and must be posted at
the job site.
G. For safety reasons, all persons are prohibited from having pocket knives, firearms or other
deadly weapons in their possession while working on Railway's Property.
H. All personnel protective equipment (PPE) used on Railway Property must meet applicable
OSHA and ANSI specifications. Current Railway personnel protective equipment
requirements are listed on the web site, www.BNSFContractor.com, however, a partial
list of the requirements include: a) safety glasses with permanently affixed side shields (no
yellow lenses); b) hard hats; c) safety shoe with: hardened toes, above -the-ankle lace-up
and a defined heel; and d) high visibility retro-reflective work wear. The Railway’s
representative in charge of the project is to be contacted regarding local specifications for
meeting requirements relating to hi-visibility work wear. Hearing protection, fall protection,
gloves, and respirators must be worn as required by State and Federal regulations. (NOTE
– Should there be a discrepancy between the information contained on the web site
and the information in this paragraph, the web site will govern.)
Contract Number: BF-20583561
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I. THE CONTRACTOR MUST NOT PILE OR STORE ANY MATERIALS, MACHINERY OR
EQUIPMENT CLOSER THAN 25'-0" TO THE CENTER LINE OF THE NEAREST
RAILWAY TRACK. MATERIALS, MACHINERY OR EQUIPMENT MUST NOT BE
STORED OR LEFT WITHIN 250 FEET OF ANY HIGHWAY/RAIL AT-GRADE
CROSSINGS OR TEMPORARY CONSTRUCTION CROSSING, WHERE STORAGE OF
THE SAME WILL OBSTRUCT THE VIEW OF A TRAIN APPROACHING THE
CROSSING. PRIOR TO BEGINNING WORK, THE CONTRACTOR MUST ESTABLISH
A STORAGE AREA WITH CONCURRENCE OF THE RAILWAY'S REPRESENTATIVE.
J. Machines or vehicles must not be left unattended with the engine running. Parked
machines or equipment must be in gear with brakes set and if equipped with blade, pan or
bucket, they must be lowered to the ground. All machinery and equipment left unattend ed
on Railway's Property must be left inoperable and secured against movement. (See
internet Engineering Contractor Safety Orientation program for more detailed
specifications)
K. Workers must not create and leave any conditions at the work site that would interfere with
water drainage. Any work performed over water must meet all Federal, State and Local
regulations.
L. All power line wires must be considered dangerous and of high voltage unless informed to
the contrary by proper authority. For all power lines the minimum clearance between the
lines and any part of the equipment or load must be; 200 KV or below - 15 feet; 200 to 350
KV - 20 feet; 350 to 500 KV - 25 feet; 500 to 750 KV - 35 feet; and 750 to 1000 KV - 45
feet. If capacity of the line is not known, a minimum clearance of 45 feet must be
maintained. A person must be designated to observe clearance of the equipment and give
a timely warning for all operations where it is difficult for an operator to maintain the desired
clearance by visual means.
7) Excavation
A. Before excavating, the Contractor must determine whether any underground pipe lines,
electric wires, or cables, including fiber optic cable systems are present and located within
the Project work area. The Contractor must determine whether excavation on Ra ilway’s
Property could cause damage to buried cables resulting in delay to Railway traffic and
disruption of service to users. Delays and disruptions to service may cause business
interruptions involving loss of revenue and profits. Before commencing exca vation, the
Contractor must contact BNSF’s Field Engineering Representative and MNNR. All
underground and overhead wires will be considered HIGH VOLTAGE and dangerous until
verified with the company having ownership of the line. It is the Contractor's
responsibility to notify any other companies that have underground utilities in the
area and arrange for the location of all underground utilities before excavating.
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B. The Contractor must cease all work and notify the Railway immediately before continuing
excavation in the area if obstructions are encountered which do not appear on drawings. If
the obstruction is a utility and the owner of the utility can be identified, then the Contractor
must also notify the owner immediately. If there is any doubt about the location of
underground cables or lines of any kind, no work must be performed until the exact location
has been determined. There will be no exceptions to these instructions.
C. All excavations must be conducted in compliance with applicable OSHA regulations and,
regardless of depth, must be shored where there is any danger to tracks, structures or
personnel.
D. Any excavations, holes or trenches on the Railway's Property must be covered, guarded
and/or protected when not being worked on. When leaving work site areas at night and
over weekends, the areas must be secured and left in a condition that will ensure that
Railway employees and other personnel who may be working or passing through the area
are protected from all hazards. All excavations must be back filled as soon as possible.
E. Excavations and restoration must be conducted in accordance with all applicable Legal
Requirements and the environmental provisions of Section 8.
F. All fill materials to be imported to Railway’s property shall be certified clean fill or from a
Railway-approved source, and must otherwise be suitable for its intended purpose as
backfill material. Supporting documentation shall be provided to Railway upon request.
G. Contractor must meet the appropriate compaction requirements for all fills and will be
responsible for settlement of all fills, erosion, and embankments that may occur as a result
of the placement fill.
8) Environmental Requirements:
A. Contractor must comply with all Environmental Laws (as defined below). Contractor must
not maintain a "treatment," "storage," "transfer" or "disposal" facility, or "underground
storage tank," as those terms are defined by Environmental Laws, on the Railwa y Property
or the right of way. Contractor will not handle, transport, release or suffer the release of
Hazardous Materials (as defined below).
B. If Contractor discovers any hazardous waste, hazardous substance, petroleum or other
deleterious material, including but not limited to any release of Hazardous Materials
non-containerized commodity or material, on or adjacent to Railway's Property, in or near
any surface water, swamp, wetlands or waterways, while performing any work under this
Agreement, Contractor must immediately: (a) notify the Railway's Resource Operat ions
Contract Number: BF-20583561
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Center at 1(800) 832-5452, of such discovery: (b) take safeguards necessary to protect its
employees, subcontractors, agents and/or third parties: and (c) exercise due care with
respect to the release, including the taking of any appropriate measure to min imize the
impact of such release. Contractor must also give Railway prompt notice of all measures
undertaken to investigate, remediate, or respond to any aforementioned condition .
C. If Railway has notice from Contractor or otherwise of a release or violation of Environmental
Laws arising in any way with respect to the work which occurred or may occur during the
term of this Agreement, Railway may require Contractor, at Contractor’s so le risk and
expense, to take timely measures to investigate, remediate, respond to or otherwise cure
such release or violation affecting the Railway’s Property.
D. If during the construction or subsequent maintenance of the work or Structures, or any
other soil-disturbing activities, soils or other materials considered to be environmentally
impacted are encountered, Contractor will stop work immediately and notify Ra ilway. After
consultation with Railway, Contractor shall, at Contractor’s expense, characterize any such
impacted soils. Upon receiving sampling results, Contractor shall, at Contractor’s expense,
in consultation with Railway, manage, remove, and/or dispose any such impacted soils
offsite at an appropriately-licensed facility in accordance with Environmental Laws. Soil
characterization and applicable disposal requirements, shall be in accordance with
applicable federal, state, and local Environmental Laws or in consultation with an agency
having the capacity and authority to make such a determination.
E. All soils and materials to be removed from the Railway Property or right of way must be
properly characterized, managed, transported, and disposed of at an appropriately -
licensed facility, at Contractor’s expense, in accordance with all Environmental Laws.
Contractor shall be the “Generator” of any and all such materials and waste, as such term
is defined in Environmental Laws.
F. Notwithstanding anything in this Section 1.08, Contractor understands that Railway has no
duty or obligation to monitor Contractor’s use of the property or right of way to determine
Contractor’s compliance with Environmental Laws, it being solely Contracto r’s
responsibility to ensure that Contractor’s use is compliant. Regulatory plans and a
minimum of two (2) years of records/inspections shall be readily available. Contractor shall
promptly provide the same to the Railroad upon request.
G. “Environmental Law(s)” shall mean any federal, state, local, or tribal law, statute,
ordinance, code, rule, regulation, policy, common law, license, authorization, decision,
order, or injunction which pertains to health, safety, any Hazardous Material, or the
environment (including but not limited to ground, air, water, or noise pollution or
contamination, and underground or above-ground tanks) and shall include, without
limitation, CERCLA 42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery
Act, 42 U.S.C. §6901 et seq., CERCLA; the Hazardous Materials Transportation Act, 49
Contract Number: BF-20583561
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U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seq.;
the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C.
§2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergen cy
Planning and Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal
Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act, 33
U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651 et seq.;
all as have been amended from time to time, and any other federal, state, local, or tribal
environmental requirements, together with all rules, regulations, orders, and decrees now
or hereafter promulgated under any of the foregoing, as any of the fo regoing now exist or
may be changed or amended or come into effect in the future.
H. “Hazardous Material(s)” shall include but shall not be limited to any substance, material, or
waste that is regulated by any Environmental Law or otherwise regulated by any federal,
state, local, or tribal governmental authority because of toxic, flammable , explosive,
corrosive, reactive, radioactive or other properties that may be hazardous to human health
or the environment, including without limitation asbestos and asbestos -containing
materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation,
methane, lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like
substances and their additives or constituents, pesticides, agricultural chemicals, and any
other special, toxic, or hazardous (i) substances, (ii) materia ls, or (iii) wastes of any kind,
including without limitation those now or hereafter defined, determined, or identified as
“hazardous chemicals,” “hazardous substances,” “hazardous materials,” “toxic
substances,” or “hazardous wastes” in any Environmental Law.
9) Personal Injury Reporting
A. The Railway is required to report certain injuries as a part of compliance with Federal
Railroad Administration (FRA) reporting requirements. Any personal injury sustained by an
employee of the Contractor, subcontractor or Contractor's invitees while on th e Railway's
Property must be reported immediately (by phone mail if unable to contact in person) to
the Railway's representative in charge of the project. The Non -Employee Personal Injury
Data Collection Form contained herein is to be completed and sent by Fax to the Railway
at 1(817) 352-7595 and to the Railway’s Project Representative no later than the close of
shift on the date of the injury.
Contract Number: BF-20583561
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NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
(If injuries are in connection with rail equipment accident/incident, highway rail grade crossing
accident or automobile accident, ensure that appropriate information is obtained, forms completed
and that data entry personnel are aware that injuries relate to that specific event.)
Injured Person Type:
Passenger on train (C) Non-employee (N)
(i.e., emp of another railroad, or, non-BNSF emp
involved in vehicle accident, including company
vehicles)
Contractor/safety
sensitive (F) Contractor/non-safety sensitive (G)
Volunteer/safety sensitive
(H) Volunteer/other non-safety sensitive (I)
Non-trespasser (D) - to include highway users involved in highway rail grade crossing
accidents who did not go around or through gates
Trespasser (E) - to include highway users involved in highway rail grade crossing
accidents who went around or through gates
Non-trespasser (J) - Off railroad property
If train involved, Train ID:
________________________________
Transmit attached information to Accident/Incident Reporting Center by:
Fax 1-817-352-7595 or by Phone 1-800-697-6736 or email to: Accident-
Reporting.Center@BNSF.com
Officer Providing Information:
(Name) (Employee No.) (Phone #)
REPORT PREPARED TO COMPLY WITH FEDERAL ACCIDENT REPORTING
REQUIREMENTS AND PROTECTED FROM DISCLOSURE PURSUANT TO 49 U.S.C. 20903
AND 83 U.S.C. 490
Contract Number: BF-20583561
NON-EMPLOYEE PERSONAL INJURY DATA COLLECTION
Please complete this form and provide to the BNSF supervisor, who will input this information into the EHS Star system. For questions,
call (817) 352-1267 or email Safety.IncidentReporting@BNSF.com.
Accident City/State: Date: Time:
County: Temperature: Weather:
(if non-BNSF location)
Name (Last/First/MI):
Age: Gender (if available):
Company:
eRailsafe Badge Number: Expiration Date:
BNSF Contractor Badge Number: Expiration Date:
Injury: _ Body Part:
(e.g., laceration) (e.g., hand)
Description of accident (including how accident occurred, potential cause, etc.):
Work activity in progress at time of accident:
Tools, machinery, or hazardous materials involved in accident:
Treatment:
First Aid Only
Required Medical Treatment
Other Medical Treatment:
Dr. Name: Date:
Dr. Street Address: City: State: Zip:
Hospital Name:
Hospital Street Address: City: State: Zip:
Diagnosis:
THIS REPORT IS PART OF BNSF’S ACCIDENT REPORT PURSUANT TO THE ACCIDENT REPORTS STATUTE AND, AS SUCH SHALL NOT “BE
ADMITTED AS EVIDENCE OR USED FOR ANY PURPOSE IN ANY SUIT OR ACTION FOR DAMAGES GROWING OUT OF ANY MATTER
MENTIONED IN SAID REPORT….” 49 U.S.C. § 20903. See 49 C.F.R. § 225.7(b).
Contract Number: BF-20583561
EXHIBIT "C-1"
Agreement Between
BNSF RAILWAY COMPANY
and the
CONTRACTOR
Railway File: ______________________________________
Agency Project: ______________________________________
Account Name, a/an State or Country of Formation Type of Organization (hereinafter called
“Contractor”), has entered into an agreement (hereinafter called “Agreement”) dated
______________, 20__, with for the performance of certain work in connection with the
following project:___________________. Performance of such work will necessarily
require Contractor to enter BNSF RAILWAY COMPANY (hereinafter called "Railway")
right of way and property (hereinafter called "Railway Property"). The Agreement provides
that no work will be commenced within Railway Property until the Contra ctor employed in
connection with said work for City of Hugo (i) executes and delivers to Railway an
Agreement in the form hereof, and (ii) provides insurance of the coverage and limits
specified in such Agreement and Section 3 herein. If this Agreement is executed by a
party who is not the Owner, General Partner, President or Vice President of Contractor,
Contractor must furnish evidence to Railway certifying that the signatory is empowered
to execute this Agreement on behalf of Contractor.
Accordingly, in consideration of Railway granting permission to Contractor to enter upon
Railway Property and as an inducement for such entry, Contractor, effective on the date
of the Agreement, has agreed and does hereby agree with Railway as follows:
1) RELEASE OF LIABILITY AND INDEMNITY
A. Contractor hereby waives, releases, indemnifies, defends and holds harmless
Railway for all judgments, awards, claims, demands, and expenses (including
attorneys' fees), for injury or death to all persons, including Railway's and
Contractor's officers and employees, and for loss and damage to property
Contract Number: BF-20583561
belonging to any person, arising in any manner from Contractor's or any of
Contractor's subcontractors' acts or omissions or any work performed on or about
Railway’s property or right-of-way. THE LIABILITY ASSUMED BY
CONTRACTOR WILL NOT BE AFFECTED BY THE FACT, IF IT IS A FACT,
THAT THE DESTRUCTION, DAMAGE, DEATH, OR INJURY WAS
OCCASIONED BY OR CONTRIBUTED TO BY THE NEGLIGENCE OF
RAILWAY, ITS AGENTS, SERVANTS, EMPLOYEES OR OTHERWISE,
EXCEPT TO THE EXTENT THAT SUCH CLAIMS ARE PROXIMATELY
CAUSED BY THE INTENSIONAL MISCONDUCT OR GROSS NEGLIGENCE OF
RAILWAY.
B. THE INDEMNIFICATION OBLIGATION ASSUMED BY CONTRACTOR
INCLUDES ANY CLAIMS, SUITS OR JUDGMENTS BROUGHT AGAINST
RAILWAY UNDER THE FEDERAL EMPLOYEE'S LIABILITY ACT, INCLUDING
CLAIMS FOR STRICT LIABILITY UNDER THE SAFETY APPLIANCE ACT OR
THE LOCOMOTIVE INSPECTION ACT, WHENEVER SO CLAIMED.
C. Contractor further agrees, at its expense, in the name and on behalf of Railway,
that it will adjust and settle all claims made against Railway, and will, at Railway's
discretion, appear and defend any suits or actions of law or in equity brought
against Railway on any claim or cause of action arising or growing out of or in any
manner connected with any liability assumed by Contractor under this Agreement
for which Railway is liable or is alleged to be liable. Railway will give notice to
Contractor, in writing, of the receipt or dependency of such claims and thereupon
Contractor must proceed to adjust and handle to a conclusion such claims, and in
the event of a suit being brought against Railway, Railway may forward summons
and complaint or other process in connection therewith to Contractor, and
Contractor, at Railway's discretion, must defend, adjust, or settle such suits and
protect, indemnify, and save harmless Railway from and against all damages,
judgments, decrees, attorney's fees, costs, and expense s growing out of or
resulting from or incident to any such claims or suits.
D. In addition to any other provision of this Agreement, in the event that all or any
portion of this Article shall be deemed to be inapplicable for any reason, including
without limitation as a result of a decision of an applicable court, legislative
enactment or regulatory order, the parties agree that this Article shall be
interpreted as requiring Contractor to indemnify Railway to the fullest extent
permitted by applicable law. THROUGH THIS AGREEMENT THE PARTIES
EXPRESSLY INTEND FOR CONTRACTOR TO INDEMNIFY RAILWAY FOR
RAILWAY’S ACTS OF NEGLIGENCE.
Contract Number: BF-20583561
E. It is mutually understood and agreed that the assumption of liabilities and
indemnification provided for in this Agreement survive any termination of this
Agreement.
2) TERM
A. This Agreement is effective from the date of the Agreement until (i) the completion
of the project set forth herein, and (ii) full and complete payment to Railway of any
and all sums or other amounts owing and due hereunder.
3) INSURANCE
Contractor shall, at its sole cost and expense, procure and maintain during the life of
this Agreement the following insurance coverage:
A. Commercial General Liability “CGL” Insurance
i) The policy will provide a minimum of $2,000,000 each occurrence and an
aggregate limit of at least $4,000,000 but in no event less than the amount
otherwise carried by the provider. Coverage must be purchased on a post
2004 ISO occurrence form or equivalent and include coverage for, but not
limited to, the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury and Advertising Injury
(3) Fire legal liability
(4) Products and completed operations
ii) This policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
(1) definition of “Insured Contract” will be amended to remove any exclusion or
other limitation for any work being done within 50 feet of RAILWAY’s
Contract Number: BF-20583561
property.
(2) Waiver of subrogation in favor of and acceptable to RAILWAY; and
(3) Additional insured endorsement in favor of and acceptable to RAILWAY and
include coverage for ongoing operations and completed operations; and
(4) Separation of insureds; and
(5) The policy will be primary and non-contributing with respect to any
insurance carried by RAILWAY.
iii) It is agreed that the workers’ compensation and employers’ liability related
exclusions in the Commercial General Liability insurance policy(s) required
herein are intended to apply to employees of the policy holder and shall not
apply to Railway employees.
iv) No other endorsements limiting coverage as respects obligations under this
Agreement may be included on the policy with regard to the work being
performed under this agreement.
B. Business Automobile Insurance
i) The insurance will provide minimum coverage with a combined single limit of
at least $1,000,000 per accident, and include coverage for, but not limited to
the following:
(1) Bodily injury and property damage
(2) Any and all vehicles owned, used or hired
ii) The policy will include the following endorsements or language, which will be
indicated on or attached to the certificate of insurance:
(1) Waiver of subrogation in favor of and acceptable to RAILWAY;
(2) Additional insured endorsement in favor of and acceptable to RAILWAY;
(3) Separation of insureds;
(4) The policy shall be primary and non-contributing with respect to any
Contract Number: BF-20583561
insurance carried by RAILWAY.
C. Workers Compensation and Employers Liability Insurance
i) Workers Compensation and Employers Liability insurance including coverage
for, but not limited to:
(1) Contractor’s statutory liability under the worker’s compensation laws of the
state(s) in which the work is to be performed. If optional under State law,
the insurance must cover all employees anyway.
(2) Employers’ Liability (Part B) with limits of at least $500,000 each accident,
$500,000 by disease policy limit, $500,000 by disease each employee.
ii) This policy shall also contain the following endorsements or language, which
shall be indicated on the certificate of insurance:
(1) Waiver of subrogation in favor of and acceptable to Railway.
D. Railroad Protective Liability insurance
i) Railroad Protective Liability insurance naming only the Railway as the Insured
with coverage of at least $2,000,000 per occurrence and $6,000,000 in the
aggregate. The policy Must be issued on a standard ISO form CG 00 35 12
04 and include the following:
(1) Endorsed to include the Pollution Exclusion Amendment
(2) Endorsed to include the Limited Seepage and Pollution Endorsement.
(3) Endorsed to remove any exclusion for punitive damages.
(4) No other endorsements restricting coverage may be added.
(5) The original policy must be provided to the Railway prior to performing any
work or services under this Agreement.
(6) Definition of “Physical Damage to Property” shall be endorsed to read:
“means direct and accidental loss of or damage to all property owned by
any named insured and all property in any named insured’ care, custody,
and control arising out of the acts or om issions of the contractor named on
Contract Number: BF-20583561
the Declarations.
In lieu of providing a Railroad Protective Liability Policy, Licensee may participate
(if available) in Railway’s Blanket Railroad Protective Liability Insurance Policy.
E. Other Requirements:
i) Where allowable by law, all policies (applying to coverage listed above) shall
contain no exclusion for punitive damages.
ii) Contractor agrees to waive its right of recovery against Railway for all claims
and suits against Railway. In addition, its insurers, through the terms of the
policy or policy endorsement, waive their right of subrogation against Railway
for all claims and suits. Contractor further waives its right of recovery, and its
insurers also waive their right of subrogation against Railway for loss of its
owned or leased property or property under Contractor’s care, custody or
control.
iii) Allocated Loss Expense shall be in addition to all policy limits for coverages
referenced above.
iv) Contractor is not allowed to self-insure without the prior written consent of
Railway. If granted by Railway, any self-insured retention or other financial
responsibility for claims shall be covered directly by Contractor in lieu of
insurance. Any and all Railway liabilities that would otherwise, in accordance
with the provisions of this Agreement, be covered by Contractor’s insurance
will be covered as if Contractor elected not to include a deductible, self-insured
retention or other financial responsibility for claims.
v) Prior to commencing services, Contractor shall furnish to Railway an
acceptable certificate(s) of insurance from an authorized representative
evidencing the required coverage(s), endorsements, and amendments. The
certificate should be directed to the following address:
BNSF Railway Company
c/o CertFocus
P.O. Box 140528
Kansas City, MO 64114
Toll Free: 877-576-2378
Fax number: 817-840-7487
Contract Number: BF-20583561
Email: BNSF@certfocus.com
www.certfocus.com
vi) Contractor shall notify Railway in writing at least 30 days prior to any
cancellation, non-renewal, substitution or material alteration.
vii) Any insurance policy shall be written by a reputable insurance company
acceptable to Railway or with a current Best’s Guide Rating of A - and Class
VII or better, and authorized to do business in the state(s) in which the service
is to be provided.
viii)If coverage is purchased on a “claims made” basis, Contractor hereby agrees
to maintain coverage in force for a minimum of three years after expiration,
cancellation or termination of this Agreement. Annually Contractor agrees to
provide evidence of such coverage as required hereunder.
ix) Contractor represents that this Agreement has been thoroughly reviewed by
Contractor’s insurance agent(s)/broker(s), who have been instructed by
Contractor to procure the insurance coverage required by this Agreement.
x) Not more frequently than once every five years, Railway may reasonably
modify the required insurance coverage to reflect then-current risk
management practices in the railroad industry and underwriting practices in
the insurance industry.
xi) If any portion of the operation is to be subcontracted by Contractor, Contractor
shall require that the subcontractor shall provide and maintain insurance
coverage(s) as set forth herein, naming Railway as an additional insured, and
shall require that the subcontractor shall release, defend and indemnify
Railway to the same extent and under the same terms and conditions as
Contractor is required to release, defend and indemnify Railway herein.
xii) Failure to provide evidence as required by this section shall entitle, but not
require, Railway to terminate this Agreement immediately. Acceptance of a
certificate that does not comply with this section shall not operate as a waiver
of Contractor's obligations hereunder.
xiii)The fact that insurance (including, without limitation, self-insurance) is
obtained by Contractor shall not be deemed to release or diminish the liability
of Contractor including, without limitation, liability under the indemnity
Contract Number: BF-20583561
provisions of this Agreement. Damages recoverable by Railway shall not be
limited by the amount of the required insurance coverage.
xiv) In the event of a claim or lawsuit involving Railway arising out of this
agreement, Contractor will make available any required policy covering such
claim or lawsuit.
xv) These insurance provisions are intended to be a separate and distinct
obligation on the part of the Contractor. Therefore, these provisions shall be
enforceable and Contractor shall be bound thereby regardless of whether or
not indemnity provisions are determined to be enforceable in the jurisdiction
in which the work covered hereunder is performed.
xvi) For purposes of this section, Railway shall mean “Burlington Northern Santa
Fe LLC”, “BNSF Railway Company” and the subsidiaries, successors, assigns
and affiliates of each.
4) SALES AND OTHER TAXES
A. In the event applicable sales taxes of a state or political subdivision of a state of
the United States are levied or assessed in connection with and directly related to
any amounts invoiced by Contractor to Railway (“Sales Taxes”), Railway shall be
responsible for paying only the Sales Taxes that Contractor separately states on
the invoice or other billing documents provided to Railway; provided, however, that
(i) nothing herein shall preclude Railway from claiming whatever Sales Tax
exemptions are applicable to amounts Contractor bills Railway, (ii) Contractor shall
be responsible for all sales, use, excise, consumption, services and other taxes
which may accrue on all services, materials, equipment, supplies or fixtures that
Contractor and its subcontractors use or consume in the performance of this
Agreement, (iii) Contractor shall be responsible for Sales Taxes (together with any
penalties, fines or interest thereon) that Contractor fails to separately state on the
invoice or other billing documents provided to Railway or fails to collect at the time
of payment by Railway of invoiced amounts (except where Railway claims a Sales
Tax exemption), and (iv) Contractor shall be responsible for Sales Taxes (together
with any penalties, fines or interest thereon) if Contractor fails to issue separate
invoices for each state in which Contractor delivers goods, provides services or, if
applicable, transfers intangible rights to Railway.
B. Upon request, Contractor shall provide Railway satisfactory evidence that all taxes
(together with any penalties, fines or interest thereon) that Contractor is
responsible to pay under this Agreement have been paid. If a written claim is made
Contract Number: BF-20583561
against Contractor for Sales Taxes with respect to which Railway may be liable for
under this Agreement, Contractor shall promptly notify Railway of such claim and
provide Railway copies of all correspondence received from the taxing authority.
Railway shall have the right to contest, protest, or claim a refund, in Railway’s own
name, any Sales Taxes paid by Railway to Contractor or for which Railway might
otherwise be responsible for under this Agreement; provided, however, that if
Railway is not permitted by law to contest any such Sales Tax in its own name,
Contractor shall, if requested by Railway at Railway’s sole cost and expense,
contest in Contractor’s own name the validity, applicability or amount of such Sales
Tax and allow Railway to control and conduct such contest.
C. Railway retains the right to withhold from payments made under this Agreement
amounts required to be withheld under tax laws of any jurisdiction. If Contractor is
claiming a withholding exemption or a reduction in the withholding rate of any
jurisdiction on any payments under this Agreement, before any payments are
made (and in each succeeding period or year as required by law), Contractor
agrees to furnish to Railway a properly completed exemption form prescribed by
such jurisdiction. Contractor shall be responsible for any taxes, interest or penalties
assessed against Railway with respect to withholding taxes that Railway does not
withhold from payments to Contractor.
5) ENVIRONMENTAL
i) Contractor shall strictly comply with all Environmental Laws (as defined
below). Contractor shall not maintain a "treatment," "storage," "transfer" or
"disposal" facility, or "underground storage tank," as those terms are defined
by Environmental Laws, on the Railway Property or the right of way.
Contractor will not handle, transport, release or suffer the release of
Hazardous Materials (as defined below) on or about the Premises. Small
quantities of diesel fuel, engine oil, and hydraulic fluids used in the operation
of Contractor’s equipment shall not be deemed a violation of this Section 5.
ii) Contractor shall give Railroad immediate notice to Railroad’s Resource
Operations Center at (800) 832-5452 of any release of Hazardous Materials on,
from, or affecting the Premises. Contractor shall immediately respond to any
release on or from the Premises. Any violation of Environmental Laws or any
inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Contractor’s use of the Premises must be
immediately reported to Railroad at EnvironmentalLeases @bnsf.com. Contractor
also shall give Railroad prompt notice of all measures undertaken on behalf of
Contract Number: BF-20583561
Contractor to investigate, remediate, respond to or otherwise cure a release or
violation.
iii) If Railway has notice from Contractor or otherwise of a release or violation of
Environmental Laws caused by Contractor or arising in any way with respect to
Contractor’s work which occurred or may occur during the term of this Agreement,
Railway may require Contractor, at Contractor’s sole risk and expense, to take
timely measures to investigate, remediate, respond to or otherwise cure such
release or violation affecting the Railway’s Property.
iv) If during the construction or subsequent maintenance of the work or Structures,
or any other soil-disturbing activities, soils or other materials considered to be
environmentally impacted are encountered, Contractor will stop work immediately
and notify Railway. After consultation with Railway, Contractor shall characterize
any such impacted soils. Upon receiving sampling results, Contractor shall, in
consultation with Railway, manage, remove, and/or dispose any such impacted
soils offsite at an appropriately-licensed facility in accordance with Environmental
Laws. Soil characterization and applicable disposal requirements, shall be in
accordance with applicable federal, state, and local Environmental Laws or in
consultation with an agency having the capacity and authority to make such a
determination.
v) All soils and materials to be removed from the Railway Property or right of way
must be properly characterized, managed, transported, and disposed of at an
appropriately-licensed facility in accordance with all Environmental Laws. Either
Contractor or Agency shall be the “Generator” of any and all such materials and
waste, as such term is defined in Environmental Laws.
vi) All fill materials to be imported to Railway’s property shall be certified clean fill
or from a Railway approved source, and supporting documentation shall be
provided to Railway upon request.
Contractor shall promptly report to Railroad in writing any conditions or activities
upon the Railroad Property known to Contractor which create a risk of harm to
persons, property or the environment and shall take all reasonable actions
necessary to prevent injury to persons or property arising out of such conditions
or activities; provided, however, that Contractor’s reporting to Railroad shall not
relieve Contractor of any obligation whatsoever imposed on it by this Agreement.
Contractor shall promptly respond to Railroad’s request for information regarding
said conditions or activities.
vii) Notwithstanding anything in this Section 5, the parties agree that BNSF has
no duty or obligation to monitor Contractor’s use of the property or right of way to
Contract Number: BF-20583561
determine Contractor’s compliance with Environmental Laws, it being solely
Contractor’s responsibility to ensure that Contractor’s use is compliant.
Regulatory plans and a minimum of two (2) years of records/inspections shall be
readily available. Contractor shall promptly provide the same to the Railroad upon
request.
viii) "Environmental Law(s)” shall mean any federal, state, local, or tribal law,
statute, ordinance, code, rule, regulation, policy, common law, license,
authorization, decision, order, or injunction which pertains to health, safety, any
Hazardous Material, or the environment (including but not limited to ground, air,
water, or noise pollution or contamination, and underground or above -ground
tanks) and shall include, without limitation, CERCLA 42 U.S.C. §9601 et seq.; the
Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA;
the Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal
Water Pollution Control Act, 33 U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C.
§7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §2601 et seq.; the
Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and
Community Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide,
Fungicide and Rodenticide Act, 7 U.S.C. 136 to 136y; the Oil Pollution Act , 33
U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651
et seq.; all as have been amended from time to time, and any other federal, state,
local, or tribal environmental requirements, together with all rules, regulations,
orders, and decrees now or hereafter promulgated under any of the foregoing, as
any of the foregoing now exist or may be changed or amended or come into effect
in the future.
ix) “Hazardous Material(s)” shall include but shall not be limited to any substance,
material, or waste that is regulated by any Environmental Law or otherwise regulated
by any federal, state, local, or tribal governmental authority because of toxic,
flammable, explosive, corrosive, reactive, radioactive or other properties that may be
hazardous to human health or the environment, including without limitation asbestos
and asbestos-containing materials, radon, petroleum and petroleum products, urea
formaldehyde foam insulation, methane, lead-based paint, polychlorinated biphenyl
compounds, hydrocarbons or like substances and their additives or constituents,
pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i)
substances, (ii) materials, or (iii) wastes of any kind, including without limitation those
now or hereafter defined, determined, or identified as “hazardous chemicals,”
“hazardous substances,” “hazardous materials,” “toxic substances,” or “hazardous
wastes” in any Environmental Law.
6) EXHIBIT “C” CONTRACTOR REQUIREMENTS
Contract Number: BF-20583561
A. The Contractor must observe and comply with all provisions, obligations,
requirements and limitations contained in the Agreement, and the Contractor
Requirements set forth on Exhibit “C” attached to the Agreement and this
Agreement, including, but not be limited to, payment of all costs incurred for any
damages to Railway roadbed, tracks, and/or appurtenances thereto, resulting from
use, occupancy, or presence of its employees, representatives, or agents or
subcontractors on or about the construction site. Contractor shall execute a
Temporary Construction Crossing Agreement or Private Crossing Agreement
(http://www.bnsf.com/communities/faqs/permits-real-estate/), for any temporary
crossing requested to aid in the construction of this Project, if approved by BNSF.
7) TRAIN DELAY
A. Contractor is responsible for and hereby indemnifies and holds harmless Railway
(including its affiliated railway companies, and its tenants) for, from and against all
damages arising from any unscheduled delay to a freight or passenger train which
affects Railway's ability to fully utilize its equipment and to meet customer service
and contract obligations. Contractor will be billed, as further provided below, for
the economic losses arising from loss of use of equipment, contractual loss of
incentive pay and bonuses and contractual penalties resulting from train delays,
whether caused by Contractor, or subcontractors, or by the Railway performing
work under this Agreement. Railway agrees that it will not perform any act to
unnecessarily cause train delay.
B. For loss of use of equipment, Contractor will be billed the current freight train hour
rate per train as determined from Railway's records. Any disruption to train traffic
may cause delays to multiple trains at the same time for the same period.
C. Additionally, the parties acknowledge that passenger, U.S. mail trains and certain
other grain, intermodal, coal and freight trains operate under incentive/penalty
contracts between Railway and its customer(s). Under these arrangements, if
Railway does not meet its contract service commitments, Railway may suffer loss
of performance or incentive pay and/or be subject to penalty payments. Contractor
is responsible for any train performance and incentive penalties or other
contractual economic losses actually incurred by Railway which are attributable to
a train delay caused by Contractor or its subcontractors.
D. The contractual relationship between Railway and its customers is proprietary and
confidential. In the event of a train delay covered by this Agreement, Railway will
share information relevant to any train delay to the extent consistent with Railway
Contract Number: BF-20583561
confidentiality obligations. The rate then in effect at the time of performance by
the Contractor hereunder will be used to calculate the actual costs of train delay
pursuant to this agreement.
E. Contractor and its subcontractors must give Railway’s representative 4 weeks
advance notice of the times and dates for proposed work windows. Railway and
Contractor will establish mutually agreeable work windows for the project. Railway
has the right at any time to revise or change the work windows due to train
operations or service obligations. Railway will not be responsible for any additional
costs or expenses resulting from a change in work windows. Additional costs or
expenses resulting from a change in work windows shall be accounted for in
Contractor’s expenses for the project.
F. Contractor and subcontractors must plan, schedule, coordinate and conduct all
Contractor's work so as to not cause any delays to any trains.
SIGNATURE PAGE FOLLOWS
Contract Number: BF-20583561
IN WITNESS WHEREOF, each of the parties hereto has caused this Agreement to be
executed by its duly authorized officer the day and year first above written.
BNSF RAILWAY COMPANY Account Name
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
Date: Date:
Accepted and effective this ______day of 20__.
Contact Person:
Address:
City:
State: Zip:
Fax:
Phone:
E-mail:
Contract Number: BF-20583561
EXHIBIT D
1
Easement Agreement Form 704CM; Rev. 04/20/2023
EASEMENT AGREEMENT
FOR 130th At Grade Crossing
(C&M Agreement)
THIS EASEMENT AGREEMENT FOR 130th At Grade Crossing ("Easement Agreement") is made and
entered into as of the _______ day of _____________________ 2025("Effective Date"), by and between BNSF
RAILWAY COMPANY, a Delaware corporation ("Grantor"), and CITY OF HUGO, a political subdivision of the
State of Minnesota. ("Grantee").
A. Grantor owns or controls certain real property situated at or near the vicinity of
_______________________, County of _____________, State of _________, at Railroad Line Segment 214 Mile
Post 14.79, as described or depicted on Exhibit "A" attached hereto and made a part hereof (the "Premises").
B. Grantor and Grantee have entered into that certain Construction and Maintenance Agreement
dated as of ______________________________________ concerning improvements on or near the Premises
(the “C&M Agreement”).
C. Grantee has requested that Grantor grant to Grantee an easement over the Premises for the
Easement Purpose (as defined below).
D. Grantor has agreed to grant Grantee such easement, subject to the terms and conditions set forth
in this Easement and in the C&M Agreement incorporated herein as if fully set forth in this instrument which terms
shall be in full force and effect for purposes of this Easement even if the C&M Agreement is, for whatever reason,
no longer in effect.
NOW, THEREFORE, for and in consideration of the foregoing recitals which are incorporated herein, the
mutual promises contained herein, and other good and valuable consideration, the receipt and sufficiency of which
are hereby acknowledged, the parties agree as follows:
Section 1 Granting of Easement.
1.1 Easement Purpose. The "Easement Purpose" shall be for the purposes set forth in the C&M
Agreement. Any improvements to be constructed in connection with the Easement Purpose are referred to herein
as "Improvements" and shall be constructed, located, configured and maintained by Grantee in strict accordance
with the terms of this Easement Agreement and the C&M Agreement.
1.2 Grant. Grantor does hereby grant unto Grantee a non-exclusive easement ("Easement") over
the Premises for the Easement Purpose and for no other purpose. The Easement is granted subject to any and
all restrictions, covenants, easements, licenses, permits, leases and other encumbrances of whatsoever nature
whether or not of record, if any, relating to the Premises and subject to all with all applicable federal, state and
local laws, regulations, ordinances, restrictions, covenants and court or administrative decisions and orders,
including Environmental Laws (defined below) and zoning laws (collectively, "Laws"),. Grantor may not make any
alterations or improvements or perform any maintenance or repair activities within the Premises except in
accordance with the terms and conditions of the C&M Agreement.
1.3 Reservations by Grantor. Grantor excepts and reserves the right, to be exercised by Grantor and
any other parties who may obtain written permission or authority from Grantor:
(a) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any existing pipe, power, communication, cable, or utility lines and
appurtenances and other facilities or structures of like character (collectively, "Lines")
upon, over, under or across the Premises;
(b) to install, construct, maintain, renew, repair, replace, use, operate, change, modify and
relocate any tracks or additional facilities or structures upon, over, under or across the
Premises; and
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Easement Agreement Form 704CM; Rev. 04/20/2023
(c) to use the Premises in any manner as the Grantor in its sole discretion deems
appropriate, provided Grantor uses all commercially reasonable efforts to avoid material
interference with the use of the Premises by Grantee for the Easement Purpose.
Section 2 Term of Easement. The term of the Easement, unless sooner terminated under provisions of this
Easement Agreement, shall be perpetual.
Section 3 No Warranty of Any Conditions of the Premises. Grantee acknowledges that Grantor has
made no representation whatsoever to Grantee concerning the state or condition of the Premises, or any personal
property located thereon, or the nature or extent of Grantor's ownership interest in the Premises. Grantee has
not relied on any statement or declaration of Grantor, oral or in writing, as an inducement to entering into this
Easement Agreement, other than as set forth herein. GRANTOR HEREBY DISCLAIMS ANY
REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, AS TO THE DESIGN OR
CONDITION OF ANY PROPERTY PRESENT ON OR CONSTITUTING THE PREMISES, ITS
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, THE QUALITY OF THE MATERIAL OR
WORKMANSHIP OF ANY SUCH PROPERTY, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS
INTENDED USES. GRANTOR SHALL NOT BE RESPONSIBLE TO GRANTEE OR ANY OF GRANTEE'S
CONTRACTORS FOR ANY DAMAGES RELATING TO THE DESIGN, CONDITION, QUALITY, SAFETY,
MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE OF ANY PROPERTY PRESENT ON
OR CONSTITUTING THE PREMISES, OR THE CONFORMITY OF ANY SUCH PROPERTY TO ITS INTENDED
USES. GRANTEE ACCEPTS ALL RIGHTS GRANTED UNDER THIS EASEMENT AGREEMENT IN THE
PREMISES IN AN "AS IS, WHERE IS" AND "WITH ALL FAULTS" CONDITION, INCLUDING ENVIRONMENTAL
CONDITION, AND SUBJECT TO ALL LIMITATIONS ON GRANTOR'S RIGHTS, INTERESTS AND TITLE TO
THE PREMISES. Grantee has inspected or will inspect the Premises, and enters upon Grantor's rail corridor and
property with knowledge of its physical condition and the danger inherent in Grantor's rail operations on or near
the Premises. Grantee acknowledges that this Easement Agreement does not contain any implied warranties
that Grantee or Grantee's Contractors (as hereinafter defined) can successfully construct or operate the
Improvements.
Section 4 Nature of Grantor's Interest in the Premises. GRANTOR DOES NOT WARRANT ITS TITLE
TO THE PREMISES NOR UNDERTAKE TO DEFEND GRANTEE IN THE PEACEABLE POSSESSION OR USE
THEREOF. NO COVENANT OF QUIET ENJOYMENT IS MADE. In case of the eviction of Grantee by anyone
owning or claiming title to or any interest in the Premises, or by the abandonment by Grantor of the affected rail
corridor, Grantor shall not be liable to refund Grantee any compensation paid hereunder.
Section 5 Improvements. Grantee shall take, in a timely manner, all actions necessary and proper to the
lawful establishment, construction, operation, and maintenance of the Improvements, including such actions as
may be necessary to obtain any required permits, approvals or authorizations from applicable governmental
authorities. Any and all cuts and fills, excavations or embankments necessary in the construction, maintenance,
or future alteration of the Improvements shall be made and maintained in such manner, form and extent as will
provide adequate drainage of and from the adjoining lands and premises of the Grantor; and wherever any such
fill or embankment shall or may obstruct the natural and pre-existing drainage from such lands and premises of
the Grantor, the Grantee shall construct and maintain such culverts or drains as may be requisite to preserve such
natural and pre-existing drainage, and shall also wherever necessary, construct extensions of existing drains,
culverts or ditches through or along the premises of the Grantor, such extensions to be of adequate sectional
dimensions to preserve the present flowage of drainage or other waters, and of materials and workmanship
equally as good as those now existing. In the event any construction, repair, maintenance, work or other use of
the Premises by Grantee will affect any Lines, fences, buildings, improvements or other facilities (collectively,
"Other Improvements"), Grantee will be responsible at Grantee’s sole risk to locate and make any adjustments
necessary to such Other Improvements. Grantee must contact the owner(s) of the Other Improvements notifying
them of any work that may damage these Other Improvements and/or interfere with their service and obtain the
owner’s written approval prior to so affecting the Other Improvements. Grantee must mark all Other Improvements
on the Plans and Specifications and mark such Other Improvements in the field in order to verify their locations.
Grantee must also use all reasonable methods when working on or near Grantor property to determine if any
Other Improvements (fiber optic, cable, communication or otherwise) may exist. The Grantee agrees to keep the
above-described premises free and clear from combustible materials and to cut and remove or cause to be cut
and removed at its sole expense all weeds and vegetation on said premises, said work of cutting and removal to
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Easement Agreement Form 704CM; Rev. 04/20/2023
be done at such times and with such frequency as to comply with Grantee and local laws and regulations and
abate any and all hazard of fire.
Section 6 Taxes and Recording Fees. Grantee shall pay when due any taxes, assessments or other
charges (collectively, "Taxes") levied or assessed upon the Improvements by any governmental or quasi-
governmental body or any Taxes levied or assessed against Grantor or the Premises that are attributable to the
Improvements. Grantee agrees to purchase, affix and cancel any and all documentary stamps in the amount
prescribed by statute, and to pay any and all required transfer taxes, excise taxes and any and all fees incidental
to recordation of the Memorandum of Easement. In the event of Grantee's failure to do so, if Grantor shall become
obligated to do so, Grantee shall be liable for all costs, expenses and judgments to or against Grantor, including
all of Grantor's legal fees and expenses.
Section 7 Environmental.
7.1 Compliance with Environmental Laws. Grantee shall strictly comply with all Environmental
Laws (as defined below). Grantee shall not maintain a "treatment," "storage," "transfer" or "disposal" facility, or
"underground storage tank," as those terms are defined by Environmental Laws, on the Premises. Grantee shall
not handle, transport, release or suffer the release of Hazardous Materials (as defined below) on or about the
Premises.
7.2 Notice of Release. Grantee shall give Grantor immediate notice to Grantor's Resource
Operations Center at (800) 832-5452 of any release of Hazardous Materials on, from, or affecting the Premises.
Grantee shall use its best efforts to immediately respond to any release on or from the Premises. Any violation
of Environmental Laws or any inspection or inquiry by governmental authorities charged with enforcing
Environmental Laws with respect to Grantee's use of the Premises must be immediately reported to Grantor at
EnvironmentalLeases@bnsf.com. Grantee also shall give Grantor prompt notice of all measures undertaken on
behalf of Grantee to investigate, remediate, respond to or otherwise cure a release or violation.
7.3 Remediation of Release. In the event that Grantor has notice from Grantee or otherwise of a
release or violation of Environmental Laws which occurred or may occur during the term of this Easement
Agreement, Grantor may require Grantee, at Grantee's sole risk and expense, to take timely measures to
investigate, remediate, respond to or otherwise cure such release or violation affecting the Premises.
7.4 Soils and Materials Management.
(a) If during the construction or subsequent maintenance of the Improvements or any other
soil-disturbing activities, soils or other materials considered to be environmentally impacted are encountered,
Grantee will stop work immediately and notify Grantor. After consultation with Grantor, Grantee shall, at Grantee’s
expense, characterize any such impacted soils. Upon receiving sampling results, Grantee shall, at Grantee’s
expense in consultation with Grantor, manage, remove, and/or dispose any such impacted soils offsite at an
appropriately-licensed facility in accordance with Environmental Laws. Soil characterization and applicable
disposal requirements, shall be in accordance with applicable federal, state, and local Environmental Laws or in
consultation with an agency having the capacity and authority to make such a determination.
(b) All soils and materials to be removed from the Grantor’s property or right of way must be
properly characterized, managed, transported, and disposed at an appropriately-licensed facility, at Grantee’s
expense, in accordance with all Environmental Laws. Grantee shall be the “Generator” of any and all such
materials and waste, as such term is defined in Environmental Laws.
(c) All fill materials to be imported to Grantor’s property shall be certified clean fill or from a
BNSF-approved source.
7.5 Preventative Measures. Grantee shall promptly report to Grantor in writing any conditions or
activities upon the Premises known to Grantee which create a risk of harm to persons, property or the environment
and shall take all reasonable actions necessary to prevent injury to persons or property arising out of such
conditions or activities; provided, however, that Grantee's reporting to Grantor shall not relieve Grantee of any
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Easement Agreement Form 704CM; Rev. 04/20/2023
obligation whatsoever imposed on it by this Easement Agreement. Grantee shall promptly respond to Grantor's
request for information regarding said conditions or activities.
7.6 Evidence of Compliance. Upon request by Grantor, Grantee agrees to furnish Grantor with proof
satisfactory to Grantor that Grantee is in compliance with this Section 7. Should Grantee not comply fully with
obligations of this Section 7, notwithstanding anything contained in any other provision hereof, Grantor may, at
its option, terminate this Easement Agreement by serving five (5) days' notice of termination upon Grantee. Upon
termination, Grantee shall remove the Improvements and restore the Premises as provided in Section 9.
7.7 Notwithstanding anything in this Section 7, the parties agree that Grantor has no duty or obligation
to monitor Grantee’s use of the Premises to determine Grantee’s compliance with Environmental Laws, it being
solely Grantee’s responsibility to ensure that Grantee’s use of the Premises is compliant. Neither the exercise
nor the failure by Grantor to exercise any rights granted in this Section will alter the liability allocation provided by
this Easement Agreement.
7.8 "Environmental Law(s)" shall mean any federal, state, local, or tribal law, statute, ordinance, code,
rule, regulation, policy, common law, license, authorization, decision, order, or injunction which pertains to health,
safety, any Hazardous Material, or the environment (including but not limited to ground, air, water, or noise
pollution or contamination, and underground or above-ground tanks) and shall include, without limitation, CERCLA
42 U.S.C. §9601 et seq.; the Resource Conservation and Recovery Act, 42 U.S.C. §6901 et seq., CERCLA; the
Hazardous Materials Transportation Act, 49 U.S.C. §5101 et seq.; the Federal Water Pollution Control Act, 33
U.S.C. §1251 et seq.; the Clean Air Act, 42 U.S.C. §7401 et seq.; the Toxic Substances Control Act, 15 U.S.C.
§2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §300f et seq.; the Emergency Planning and Community
Right-to-Know Act, 42 U.S.C. 11001 et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136
to 136y; the Oil Pollution Act, 33 U.S.C. 2701 et seq.; and the Occupational Safety and Health Act, 29 U.S.C. 651
et seq.; all as have been amended from time to time, and any other federal, state, local, or tribal environmental
requirements, together with all rules, regulations, orders, and decrees now or hereafter promulgated under any of
the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.
7.9 "Hazardous Material(s)" shall include but shall not be limited to any substance, material, or waste
that is regulated by any Environmental Law or otherwise regulated by any federal, state, local, or tribal
governmental authority because of toxic, flammable, explosive, corrosive, reactive, radioactive or other properties
that may be hazardous to human health or the environment, including without limitation asbestos and asbestos-
containing materials, radon, petroleum and petroleum products, urea formaldehyde foam insulation, methane,
lead-based paint, polychlorinated biphenyl compounds, hydrocarbons or like substances and their additives or
constituents, pesticides, agricultural chemicals, and any other special, toxic, or hazardous (i) substances, (ii)
materials, or (iii) wastes of any kind, including without limitation those now or hereafter defined, determined, or
identified as "hazardous chemicals", "hazardous substances," "hazardous materials," "toxic substances," or
"hazardous wastes" in any Environmental Law.
Section 8 Default and Termination.
8.1 Grantor's Performance Rights. If at any time Grantee, or Grantee's Contractors, fails to properly
perform its obligations under this Easement Agreement, Grantor, in its sole discretion, may: (i) seek specific
performance of the unperformed obligations, or (ii) at Grantee's sole cost, may arrange for the performance of
such work as Grantor deems necessary for the safety of its rail operations, activities and property, or to avoid or
remove any interference with the activities or property of Grantor, or anyone or anything present on the rail corridor
or property with the authority or permission of Grantor. Grantee shall promptly reimburse Grantor for all costs of
work performed on Grantee's behalf upon receipt of an invoice for such costs. Grantor's failure to perform any
obligations of Grantee or Grantee's Contractors shall not alter the liability allocation set forth in this Easement
Agreement.
8.2 Abandonment. Grantor may, at its option, terminate this Easement Agreement by serving five (5)
days' notice in writing upon Grantee if Grantee should abandon or cease to use the Premises for the Easement
Purpose. Any waiver by Grantor of any default or defaults shall not constitute a waiver of the right to terminate
this Easement Agreement for any subsequent default or defaults, nor shall any such waiver in any way affect
Grantor's ability to enforce any section of this Easement Agreement.
5
Easement Agreement Form 704CM; Rev. 04/20/2023
8.3 Effect of Termination or Expiration. Neither termination nor expiration will release Grantee from
any liability or obligation under this Easement, whether of indemnity or otherwise, resulting from any acts,
omissions or events happening prior to the date of termination or expiration, or, if later, the date the Premises are
restored as required by Section 9.
8.4 Non-exclusive Remedies. The remedies set forth in this Section 8 shall be in addition to, and not
in limitation of, any other remedies that Grantor may have under the C&M Agreement, at law or in equity.
Section 9 Surrender of Premises.
9.1 Removal of Improvements and Restoration. Upon termination of this Easement Agreement,
whether by abandonment of the Easement or by the exercise of Grantor's termination rights hereunder, Grantee
shall, at its sole cost and expense, immediately perform the following:
(a) remove all or such portion of Grantee's Improvements and all appurtenances
thereto from the Premises, as Grantor directs at Grantor's sole discretion;
(b) repair and restore any damage to the Premises arising from, growing out of, or
connected with Grantee's use of the Premises, including, but not limited to,
environmental damage;
(c) remedy any unsafe conditions on the Premises created or aggravated by
Grantee; and
(d) leave the Premises in the condition which existed as of the Effective Date.
9.2 Limited License for Entry. If this Easement Agreement is terminated, Grantor may direct Grantee
to undertake one or more of the actions set forth above, at Grantee's sole cost, in which case Grantee shall have
a limited license to enter upon the Premises to the extent necessary to undertake the actions directed by Grantor.
The terms of this limited license include all of Grantee's obligations under this Easement Agreement. Termination
will not release Grantee from any liability or obligation under this Easement Agreement, whether of indemnity or
otherwise, resulting from any acts, omissions or events happening prior to the date of termination, or, if later, the
date when Grantee's Improvements are removed and the Premises are restored to the condition that existed as
of the Effective Date. If Grantee fails to surrender the Premises to Grantor upon any termination of the Easement,
all liabilities and obligations of Grantee hereunder shall continue in effect until the Premises are surrendered.
Section 10 Liens. Grantee shall promptly pay and discharge any and all liens arising out of any construction,
alterations or repairs done, suffered or permitted to be done by Grantee on the Premises or attributable to Taxes
that are the responsibility of Grantee pursuant to Section 6. Grantor is hereby authorized to post any notices or
take any other action upon or with respect to the Premises that is or may be permitted by Law to prevent the
attachment of any such liens to any portion of the Premises; provided, however, that failure of Grantor to take any
such action shall not relieve Grantee of any obligation or liability under this Section 10 or any other section of this
Easement Agreement.
Section 11 Tax Exchange. Grantor may assign its rights (but not its obligations) under this Easement
Agreement to Goldfinch Exchange Company LLC, an exchange intermediary, in order for Grantor to effect an
exchange under Section 1031 of the Internal Revenue Code. In such event, Grantor shall provide Grantee with
a Notice of Assignment, attached as Exhibit C, and Grantee shall execute an acknowledgement of receipt of such
notice.
Section 12 Notices. Any notice required or permitted to be given hereunder by one party to the other shall
be delivered in the manner set forth in the C&M Agreement. Notices to Grantor under this Easement shall be
delivered to the following address: BNSF Railway Company, Real Estate Department, 2650 Lou Menk Drive,
AOB-2 Ft. Worth, TX 76131, Attn: Permits, or such other address as Grantor may from time to time direct by
notice to Grantee.
6
Easement Agreement Form 704CM; Rev. 04/20/2023
Section 13 Recordation. It is understood and agreed that this Easement Agreement shall not be in
recordable form and shall not be placed on public record and any such recording shall be a breach of this
Easement Agreement. Grantor and Grantee shall execute a Memorandum of Easement in the form attached
hereto as Exhibit "B" (the "Memorandum of Easement") subject to changes required, if any, to conform such
form to local recording requirements. The Memorandum of Easement shall be recorded in the real estate records
in the county where the Premises are located. If a Memorandum of Easement is not executed by the parties and
recorded as described above within 30 days of the Effective Date, Grantor shall have the right to terminate this
Easement Agreement upon notice to Grantee.
Section 14 Miscellaneous.
14.1 All questions concerning the interpretation or application of provisions of this Easement
Agreement shall be decided according to the substantive Laws of the State of [Texas] without regard to conflicts
of law provisions.
14.2 In the event that Grantee consists of two or more parties, all the covenants and agreements of
Grantee herein contained shall be the joint and several covenants and agreements of such parties. This instrument
and all of the terms, covenants and provisions hereof shall inure to the benefit of and be binding upon each of the
parties hereto and their respective legal representatives, successors and assigns and shall run with and be binding
upon the Premises.
14.3 If any action at law or in equity is necessary to enforce or interpret the terms of this Easement
Agreement, the prevailing party or parties shall be entitled to reasonable attorneys' fees, costs and necessary
disbursements in addition to any other relief to which such party or parties may be entitled.
14.4 If any provision of this Easement Agreement is held to be illegal, invalid or unenforceable under
present or future Laws, such provision will be fully severable and this Easement Agreement will be construed and
enforced as if such illegal, invalid or unenforceable provision is not a part hereof, and the remaining provisions
hereof will remain in full force and effect. In lieu of any illegal, invalid or unenforceable provision herein, there will
be added automatically as a part of this Easement Agreement a provision as similar in its terms to such illegal,
invalid or unenforceable provision as may be possible and be legal, valid and enforceable.
14.5 This Easement Agreement and the C&M Agreement, which is incorporated herein, is the full and
complete agreement between Grantor and Grantee with respect to all matters relating to Grantee's use of the
Premises, and supersedes any and all other agreements between the parties hereto relating to Grantee's use of
the Premises as described herein. However, nothing herein is intended to terminate any surviving obligation of
Grantee or Grantee's obligation to defend and hold Grantor harmless in any prior written agreement between the
parties.
14.6 Time is of the essence for the performance of this Easement Agreement.
Section 15. Administrative Fee. Grantee acknowledges that a material consideration for this agreement,
without which it would not be made, is the agreement between Grantee and Grantor, that the Grantee shall pay
upon return of this Easement Agreement signed by Grantee to Grantor's Broker a processing fee in the amount
of $2,500.00 over and above the agreed upon acquisition price. Said fee shall be made payable to BNSF Railway
Company by a separate check.
Witness the execution of this Easement Agreement as of the date first set forth above.
7
Easement Agreement Form 704CM; Rev. 04/20/2023
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware corporation
By:
Name: Cary Hutchings
Title: Director Real Estate
GRANTEE:
CITY OF HUGO,
a political subdivision of the State of Minnesota
By:
Name:
Title:
1
Easement - Exhibit A Form 704CM; Rev. 03/23/2019
EXHIBIT "A"
Premises
1
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
EXHIBIT “B”
MEMORANDUM OF EASEMENT
THIS MEMORANDUM OF EASEMENT is hereby executed this ________ day
of_________________, 2025, by and between BNSF RAILWAY COMPANY, a Delaware
corporation ("Grantor"), whose address for purposes of this instrument is 2500 Lou Menk Drive, Fort
Worth, Texas 76131, and CITY OF HUGO, a political subdivision of the State of
Minnesota("Grantee"), whose address for purposes of this instrument is
_________________________________, which terms "Grantor" and "Grantee" shall include,
wherever the context permits or requires, singular or plural, and the heirs, legal representatives,
successors and assigns of the respective parties:
WITNESSETH:
WHEREAS, Grantor owns or controls certain real property situated in Washington County,
Minnesota as described on Exhibit "A" attached hereto and incorporated herein by reference (the
"Premises');
WHEREAS, Grantor and Grantee entered into an Easement Agreement, dated
_____________________________, 2025 (the "Easement Agreement") which set forth, among
other things, the terms of an easement granted by Grantor to Grantee over and across the Premises
(the "Easement"); and
WHEREAS, Grantor and Grantee desire to memorialize the terms and conditions of the
Easement Agreement of record.
For valuable consideration the receipt and sufficiency of which are hereby acknowledged,
Grantor does grant unto Grantee and Grantee does hereby accept from Grantor the Easement over
and across the Premises.
The term of the Easement, unless sooner terminated under provisions of the Easement
Agreement, shall be perpetual.
All the terms, conditions, provisions and covenants of the Easement Agreement are
incorporated herein by this reference for all purposes as though written out at length herein, and both
the Easement Agreement and this Memorandum of Easement shall be deemed to constitute a single
instrument or document. This Memorandum of Easement is not intended to amend, modify,
supplement, or supersede any of the provisions of the Easement Agreement and, to the extent there
may be any conflict or inconsistency between the Easement Agreement or this Memorandum of
Easement, the Easement Agreement shall control.
END OF PAGE – SIGNATURE PAGE FOLLOWS
2
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
IN WITNESS WHEREOF, Grantor and Grantee have executed this Memorandum of
Easement to as of the date and year first above written.
GRANTOR:
BNSF RAILWAY COMPANY, a Delaware
corporation
By:
Name: Cary Hutchings
Title: Director Real Estate
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the ______ day of _________________, 2025, by
______________________________ (name) as ___________________________________(title)
of BNSF RAILWAY COMPANY, a Delaware corporation.
Notary Public
My appointment expires:
(Seal)
3
Easement - Exhibit B Form 704CM; Rev. 03/23/2019
GRANTEE:
_____________________________,
_____________________________
By:
Name:
Title:
STATE OF _______________ §
§
COUNTY OF _____________ §
This instrument was acknowledged before me on the ______ day of _______________________,
2025, by ___________________________________ (name) as
______________________________(title) of ___________________________________, a
________________________________________.
Notary Public
My appointment expires:
(Seal)
Contract Number: BF-20582474
1 of 2
HIGHWAY-RAIL GRADE CROSSING CLOSURE AGREEMENT
BNSF File No. BF-20582474
140th Street North
U.S. DOT No. 082589E
Railroad Line Segment: 214
Railroad Milepost: 15.787
THIS AGREEMENT, made and entered into by and between the BNSF RAILWAY
COMPANY, a Delaware corporation (“BNSF”), MINNESOTA COMMERCIAL RAILWAY
(“MNNR”) and the City of Hugo, a political subdivision of the State of Minnesota
(“Agency”).
WITNESSETH:
WHEREAS, MNNR will permanently remove all track infrastructure at the 140th Street
North grade crossing DOT No. 082589E and
NOW THEREFORE, in consideration of these facts, the parties hereto agree as follows:
SECTION 1. The Agency, after having executed this agreement, should take all actions
necessary to do all necessary pavement work once the crossing
infrastructure is removed. The City of Hugo should contact the MNNR
Maintenance Team in advance of doing the pavement work at 140th Street
North.
SECTION 2. Intentionally Deleted.
SECTION 3. The MNNR further agrees to remove the railroad crossing surfaces and
crossbuck signs that currently exist on its right-of-way, upon the receipt of
the above-mentioned statement.
SECTION 4. The Agency agrees to own and maintain the existing roadway and
easement.
SECTION 5. The Agency agrees, by the above consideration received that the crossing
infrastructure will remain removed and will not be re-installed by the Agency.
IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed
by their proper officials thereunto duly authorized as the dates below indicated.
Contract Number: BF-20582474
2 of 2
EXECUTED by the BNSF on [____________________].
BNSF RAILWAY COMPANY MINNESOTA COMMERCIAL RAILWAY
Signature: Signature:
Printed Name: Printed Name:
Title: Manager Public Projects Title:
CITY OF HUGO
Signature:
Printed Name:
Title:
MEMO
To: Bryan Bear, City Administrator
From: Jim Compton, Jr., Fire Chief
Date: 9/15/2025
Subject: City Hall HVAC Equipment Replacement
________________________________________________________________________________________
As you know there has been many repairs to the Heating Ventilation and Air Conditioning (HVAC) equipment at
City Hall over the last few years. We have taken steps to try and minimize breakdowns and costly repairs, with
some different maintenance practices and the replacement of some pieces of equipment. There are ten HVAC
systems for the building and as of now there are six furnaces and eight air conditioners yet to be replaced. I
have worked with the Public Works Director and the Building Official on the best plan to move forward from here
and it is our opinion that we should replace all the remaining HVAC equipment in the building now.
We have met with and reviewed quotes from three different contractors and would like to move forward in
approving the replacement of the six furnaces and eight air conditioners. Kraft Contracting and Mechanical has
provided us with the best value quote for this project with a total project price of $100,125.00.
I have discussed these results with the Finance Director, who has indicated that sufficient funding has been
budgeted in the building maintenance fund for the contracted work. To keep functional and reliable equipment
within the City Hall building, it is my recommendation that we move forward with this project as proposed.
Please place this on the October 6, 2025, City Council agenda for consideration.
Cc: Joel Hoistad, Building Official
Scott Anderson, Public Works Director
Anna Wobse, Finance Director
City of Hugo Fire Department
5323 140th Street North
Hugo, Minnesota 55038
PH: (651) 762-6362 FAX: (651) 429-3212
www.kraftcm.com August 27, 2025 Page 1 of 2
PROPOSAL
2330 Ventura Drive, Suite #100, Woodbury, MN, 55125 Phone (651) 773-9000 Fax (651) 773-9010
Company Name
City Of Hugo
Project Name
Furnace and Air change-outs
Attention
Jim Copmton Jr.
Project Location
14669 Fitzgerald Ave N, Hugo, MN 55038
City of Hugo – HVAC Equipment Pricing Breakdown
Unit #1
• Air Conditioner: Payne PA5SAN54800W – 4-Ton, 15 SEER2
Price: $8,740.00 (includes electrical)
• Furnace: Payne PG92MSAA60100C – 100k BTU, 92% AFUE, 21"
Price: $6,900.00 (includes electrical)
• Package Price: $13,400.00
Unit #2
• Air Conditioner: Payne PA5SAN53000W – 2-Ton (2.5T quoted), 15 SEER2
Includes: (1) Fire Damper Access Door and electrical
Price: $8,100.00
• Furnace: None
Unit #3
• Air Conditioner: Payne PA5SAN53600W – 3-Ton, 15 SEER2
Includes: (1) Fire Damper Access Door and electrical
Price: $8,150.00
• Furnace: None
Unit #4
• Air Conditioner: Payne PA5SAN54800W – 4-Ton, 15 SEER2
Price: $9,825.00 (includes electrical)
• Furnace: Payne PG92MSAA60100C – 100k BTU, 92% AFUE, 21"
Includes: (1) Fire Damper Access Door and electrical
Price: $6,950.00
• Package Price: $16,775.00
Unit #5
• Air Conditioner: Payne PA5SAN54800W – 4-Ton, 15 SEER2
Price: $9,825.00 (includes electrical)
• Furnace: Payne PG92MSAA60100C – 100k BTU, 92% AFUE, 21"
Includes: (1) Fire Damper Access Door and electrical
Price: $6,950.00
• Package Price: $16,775.00
Unit #6
• Air Conditioner: Payne PA5SAN56000W – 5-Ton, 15 SEER2
Price: $9,500.00 (includes electrical)
• Furnace: Payne PG92MSAA60120D – 120k BTU, 92% AFUE, 24"
Price: $7,275.00 (includes electrical)
• Package Price: $16,775.00
Unit #7
• Air Conditioner: Payne PA5SAN56000W – 5-Ton, 15 SEER2
Price: $9,500.00 (includes electrical)
• Furnace: Payne PG92MSAA60120D – 120k BTU, 92% AFUE, 24"
Price: $7,275.00 (includes electrical)
www.kraftcm.com August 27, 2025 Page 2 of 2
• Package Price: $16,775.00
Unit #10
• Air Conditioner: Payne PA5SAN54800W – 4-Ton, 15 SEER2
Price: $9,825.00 (includes electrical)
• Furnace: Payne PG92MSAA60100C – 100k BTU, 92% AFUE, 21"
Includes: (1) Fire Damper Access Door and electrical
Price: $6,950.00
• Package Price: $16,775.00
Clarifications:
• All work is figured for normal hours, and any additional repairs to existing units are not included
Exclusions:
• Temporary utilities
• Bonds
• Allowances
• Dewatering
• Structural Steel
• Concrete pads & bases
• X-Raying
• Dumpsters
• Roofing
• Painting
• All saw cut & patch
• Ceiling removal &
replacement
WE PROPOSE hereby to furnish material and labor - complete in accordance with above specifications, for the sum of:
Overall Total: $100,125.00
All material is guaranteed to be as specified. All work to be completed in a workmanlike manner according to standard practices. Kraft Contracting,
L.L.C. accepts responsibility for the construction work only as it relates to the bid scope as detailed in the bidding documents. We exclude engineering
liability for the design or code compliance of the construction. Any alteration or deviation from above specifications involving extra costs will become an
extra charge over and above the estimate. Kraft Contracting, L.L.C. will not be held liable for agreements contingent upon strikes, accidents or delays
beyond our control. The building owner shall carry fire, property and other necessary insurance. Our workers are covered by workmen’s
compensation insurance. Kraft Contracting, L.L.C. will not be responsible for, nor will bid on this project, any work or cost of asbestos abatement.
Building owner to provide safe work area with free access to carry out above work. 1.5 % charged on all accounts over 30 days. As part of this
Proposal, if it is required by the Contract, Kraft Contracting L.L.C. will provide commercial general liability insurance, to the fullest extent of its current
insurance coverage. Kraft Contracting will not assume any insurance obligations beyond what is included in its current insurance policy. Kraft
Contracting L.L.C. maintains the right to terminate this proposal with no recourse should any clerical or other errors become evident before a contract
is executed. Proposal may be withdrawn by us if not accepted within 30 days.
Ryan O'Connell
Phone (651)967-2047 Roconnell@kraftcm.com
ACCEPTANCE OF PROPOSAL - The above prices, specifications and conditions are satisfactory and hereby accepted. You are authorized to do
the work as specified. Payment will be made as outlined above.
Date of Acceptance __________________Authorized Signature_______________________________________
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Agenda Number G.13
CITY OF HUGO COMMUNITY DEVELOPMENT
DEPARTMENT
PLANNING AND ZONING APPLICATION
STAFF REPORT
TO: Bryan Bear, City Administrator
FROM: Max Gort, Associate Planner
SUBJECT: Cedar Creek Energy for Oriana CSG 2020-12, LLC. Site Plan and
Interim Use Permit requests for a Solar Farm located at 7776 157th Street
North
DATE: September 30, 2025 for the City Council meeting of October 6, 2025.
ZONING: Agricultural (AG)
LAND USE: Agriculture (AG)
REVIEW DEADLINE: October 13, 2025
1.PLANNING COMMISSION MEETING UPDATE:
At its meeting of September 25, 2025, the Planning Commission held a public hearing and
considered the request. The property owner, John Lutz, spoke during the public hearing, stating
that he was not satisfied with the plan presented and the ordinance requirements regarding
placement of the solar farm. Lutz stated that he was expecting to see a plan with reduced setbacks
and additional solar arrays, which are not allowed by ordinance. The property owner and the
applicant spoke privately and resolved the property owner’s concerns, and have indicated that they
wish to continue the approval process for the application. No one else spoke during the public
hearing.
The Planning Commission discussed the request, particularly in regards to comments received via
e-mail from Randy Mersch, the neighbor to the south of the proposed solar array location. Mersch
was requesting additional landscaping to buffer his view of the solar array, and stated that he was
concerned about glare. The applicant indicated that glare would be mitigated by an anti-reflective
coating on the solar panels, and that the panels will not face south. The Planning Commission
discussed whether to recommend additional screening, but were comfortable with the existing
layer of vegetation between Mersch’s property and the solar array location providing adequate
screening as required by ordinance.
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 2
2
After discussing the application, the Planning Commission voted unanimously to recommend
approval of the site plan and IUP requests to the City Council.
2. DESCRIPTION OF REQUEST:
The applicant is requesting approval of a site plan and an interim use permit for a solar farm located
at 7776 157th Street North.
3. BACKGROUND:
In 2016, the City Council adopted an ordinance regulating the use of solar energy systems, and the
first and thus far only solar farm project was approved in 2018. Since then, the City has seen an
increased interest in solar farm development and related feedback from the community. The City
Council and Planning Commission have recommended that the ordinance relating to solar farms
be revised in 2023 and 2025, primarily to address community feedback. The Ordinance Review
Committee (ORC) most recently recommended revisions to the performance standards for solar
farms which were approved by the City Council on April 7th, 2025.
Cedar Creek Energy is requesting approval of a solar farm at 7776 157th Street North. The property
is 38.25 acres and is located within the Agricultural (AG) zoning district. The applicant is
proposing to install a solar farm on 5 acres of land in the northwest corner of the property. Solar
farm requests require site plan approval and approval of an interim use permit (IUP). The applicant
has indicated that this solar farm will produce approximately one (1) megawatt (MW) of power.
4. LEVEL OF CITY DISCRETION IN DECISION-MAKING:
The City’s discretion in approving or denying a site plan is limited to whether or not the proposed
project complies with the Comprehensive Plan and Zoning Ordinance requirements. If it meets
these standards, the City must then approve the site plan.
The City’s discretion in approving or denying an Interim Use Permit use permit is l imited to
whether or not the permit meets the standards outlined in the Comprehensive Land Use
Regulations. If it meets these standards, the City must approve the interim use permit.
5. CONTEXT:
A. Surrounding Land Use and Zoning
The property is currently zoned Agricultural (AG) and guided for Agriculture (AG) in the 2040
Land Use Plan. The surrounding properties on all sides are also zoned and guided for agriculture.
The property is outside of the Metropolitan Urban Service Area (MUSA), meaning it is not eligible
for city sewer and water services.
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 3
3
B. Natural Characteristics of Site
The property is 38.25 acres, and the applicant has indicated that the solar array will be constructed
on approximately 5 acres in the northwest corner of the property. The property has some gently
rolling terrain, with a steep drop-off to a wetland in the northern portion. The property contains
approximately 31.1 acres of wetland.
6. ANALYSIS OF A SOLAR FARM INTERIM USE PERMIT:
The zoning code outlines a number of general standards for the operation of all solar energy
systems, whether it’s a solar farm or accessory solar energy system. These include the requirement
for a building permit, evidence of an agreement with the local utility, responsibility of the applicant
to secure any solar energy easements, all solar energy components labeled in accordance with City
code, all exterior electrical or service lines be buried, and all solar energy systems be in compliance
with adopted city and state building codes. In addition to the general standards for all solar energy
systems, there are performance standards for solar farms, which are described below:
(a) Solar farms shall be located on a minimum lot size of 20 acres within the Long Term
Agricultural (LA), Agricultural (AG), Rural Residential (RR), and Future Urban Service
(FUS) zoning districts.
The applicant is proposing to construct the 5-acre solar farm in the northwest corner of a 38.25-
acre property that is zoned Agricultural (AG).
(b) Solar farms shall be 100 feet from all property lines, 200 feet from any public road rights-of-
way, and 400 feet from any principal structure on adjacent properties.
The applicant’s site plan meets all of the required setbacks.
(c) Solar farms shall be located, insofar as possible, on a central portion of the property in order
to minimize visual impact on adjacent properties and dwellings.
The solar farm is proposed to be located in the northwest corner of the property. The centermost
portion of the property is constrained by wetlands on the north and south sides. While the solar
array may be placed within wetlands in some cases, there are other ground areas of the solar farm
such as the driveway, equipment pad, and fence that need a suitable area of upland for their
construction. Placement of the solar array in the northwest corner allows for the least amount of
wetland to be disturbed. Additionally, the applicant has revised plans to locate the solar array
further away from the view of a nearby residence. While not the centermost location of the
property, it is in staff’s opinion that the proposed location minimizes visual impact on adjacent
properties and dwellings, and meets the intent of this ordinance requirement.
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 4
4
(d) Solar farms shall be limited to a size of five acres, measured by the exterior edges of the solar
array.
The applicant has indicated that the solar array will have a footprint of 4.81 acres, within a 5.6 acre
fenced in area.
(e) Ground mounted solar energy systems shall not exceed 15 feet in height at any point when
oriented at maximum tilt.
The applicant has indicated that the solar panels will be on single-axis trackers, that track from
east to west following the sun throughout the day. The plans show the solar panels having a height
of 12 feet at maximum tilt. Staff is requiring that the solar panels all be level with each other,
which may require different heights of mounting equipment. Staff will continue to work with the
applicant to ensure that the solar panels are generally level across the site. This will be a condition
in the IUP.
(f) Solar farms shall be enclosed by approved perimeter fencing or adequate vegetative buffer for
screening. Exception may be granted if the natural landscape provides screening from all
public right of ways and neighboring properties.
The applicant has indicated that they will be installing a 7-foot tall post and wire fence surrounding
the perimeter, and is proposing vegetative screening on the west and southeast sides of the solar
array. The screening is proposed to be two rows of Norway Spruce and Black Hills Spruce trees,
which are shown to be four feet tall at the time of planting. There is existing vegetation in the
southwest corner of the property that will provide screening from view for the adjacent residence.
Vegetative screening is not proposed for the east side of the solar array, but there is a lot of property
to the east owned by the same owner, and there is enough distance to a dwelling owned by a
separate owner for staff to be comfortable with vegetative screening not being planted here. Staff
will continue to work with the applicant on a landscape plan that meets all ordinance requirements
in regards to sizes of plantings and minimum installation requirements, which will be a condition
of approval in the IUP.
(g) All ground areas within the perimeter fencing of a solar farm that are not occupied by
equipment or access paths shall be planted with deep rooted, native pollinator plantings.
The applicant submitted a vegetative establishment and management plan which includes a
seeding schedule for the site. All of the seeds described are native to Minnesota according to the
MnDNR’s native species list. The solar array area contains two different soil types that have
different conditions, and staff is recommending that a second seed mix be used to better suit the
different soil conditions. Staff will continue to work with the applicant on the mixture of seeds to
meet the ordinance requirement.
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 5
5
(h) Solar farm applications shall include a vegetation establishment and management plan which
shall be reviewed and approved by staff.
The applicant submitted a vegetation establishment and management plan (VMP). The plan
includes an overview of site conditions, plans for removals and restoration of landscapes, timelines
for establishment, monitoring, and maintenance of vegetation, and descriptions of the seed
mixtures to be planted on site. The VMP describes maintenance activities that would take place
several times per year, with changing frequency as time goes on and the vegetation is established.
Staff would like to see some more detail describing conditions that would warrant certain
maintenance actions to take place. Staff will continue to work with the applicant on creating a
VMP that can be used as a guide for determining compliance with the IUP.
(i) The owner/operator of the solar farm shall provide the city with evidence that the solar energy
system is functioning properly. This shall be provided at any time deemed necessary by the City.
The solar farm will have an equipment pad where metering equipment would be mounted, with
the power production and equipment to be continuously monitored by a remote system. Staff will
work with the applicant to determine a plan for demonstrating that the system is functioning
properly, including routine checks at a time deemed necessary by staff. A plan to provide a system
for ensuring that the system is functioning properly will be a condition of approval in the IUP.
(j) The owner/operator shall submit a decommissioning plan for the solar farm to ensure that the
owner/operator properly removes the equipment and facilities upon the end of the project life,
abandonment, expiration, or termination of the interim use permit. This decommissioning plan
must meet requirements outlined in the City code.
The applicant has provided the City with a decommissioning plan for the solar farm. The City’s
ordinance states that the owner/operator of the solar farm shall provide a current-day
decommissioning cost estimate and shall post financial security in a form acceptable by the city.
The City is requiring the owner operator to submit this required information as well as a cash
escrow prior to the issuance of a building permit. The applicant’s decommissioning plan meets
City requirements outlined in the code, including the removal of all equipment and structures
within 90 days after the system has been inoperative for 12 months as well as the restoration of the
site. The decommissioning plan requirements will be a condition of approval in the IUP.
7. CRITERIA FOR APPROVAL OF A SOLAR FARM INTERIM USE PERMIT:
An application for a home occupation interim use permit may only be granted upon a finding that
all the following criteria have been met:
(a) The applicant owns the property or has secured a proper lease agreement on the property,
unless the city council determines that unique conditions or circumstances warrant special
arrangement.
The applicant has a lease agreement with the property owner of the property in question.
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 6
6
(b) The proposed solar farm is allowed as a principle use in the respective zoning district and
conforms to this chapter.
The proposed solar farm is an allowed permitted use with an IUP within the Agricultural (AG)
zoning district.
(c) The proposed solar farm is keeping with the spirit and intent of this chapter.
The spirit and intent of the ordinance is to allow for the generation of renewable energy within the
City of Hugo. Promoting the safe, effective, and efficient use of solar energy, may reduce the
onsite consumption of fossil fuels and utility-supplied electric energy while avoiding adverse
impacts on the community at large. The applicant’s proposed solar farm meets the purpose,
permitted uses, and performance standards outlined in the City code.
It’s in staff’s opinion that the request for an IUP for a solar farm meets the spirit and intent of the
ordinance.
(d) The construction of a solar farm shall not impede the city's ability to implement its
comprehensive plan.
Due to the property being located outside of the Municipal Urban Service Area (MUSA), city
sewer and water are not planned for this property in the Comprehensive Plan. The minimum lot
size in the AG zoning district is 10 acres, while the minimum lot size for a solar farm is 20 acres.
If the property were to be subdivided in the future, at least 20 acres will need to remain for the
solar farm. It is in staff’s opinion that the proposed solar farm will not impede the City’s ability to
implement the Comprehensive Plan.
(e) The proposed solar farm is compatible with the present character of the surrounding area.
The intent of the Agricultural (AG) zoning district is to provide an area for uses dependent on the
inherent productivity of the land. Many of the surrounding properties are used for single-family
homes or agricultural activity, which generally translate into having a low impact on adjacent
properties with limited noise, traffic, etc. The applicant has indicated that there will be routine
maintenance on the property, which will generally consist of a truck using the access drive at
various times and will not be intrusive. The applicant has taken measures to ensure that the solar
farm will be adequately screened from the view of surrounding properties.
It’s in staff’s opinion that the request for an IUP for a solar farm will not adversely affect the
surrounding area and is compatible with the character of the surrounding area.
(f) The proposed solar farm shall have a set date in which the permit shall be reviewed or
terminated.
The applicant has requested the permit to be approved for a period of 25 years, which is the life of
the applicant’s agreement with Xcel Energy in purchasing the power generated by the solar farm.
City staff is comfortable with approving the IUP for a 25 year period from the date of the issuance
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 7
7
of the final building permit inspection with the allowance, required by City code, that the
owner/operator of the solar farm provide the City with evidence that the solar energy system is
functioning properly at any time deemed necessary by the City. The solar farm shall be reviewed
every five (5) years.
(g) The proposed solar farm shall be subject to any conditions that the city council deems
appropriate for the permission of the use.
City staff have reviewed the application for a solar farm interim use permit and have outlined
conditions of the permit within the IUP document. City staff can update the permit with any
conditions deemed necessary for this use prior to final approval.
8. SITE PLAN APPROVAL REQUIREMENTS
Building Setbacks
Sec. 90-278(d)(2)(b) requires minimum setbacks for solar farms that exceed the minimum
required setbacks for the AG zoning district. The proposed solar farm meets these requirements.
Building Height
Sec. 90-278(d)(2)(d) requires a maximum height of 15 feet for ground mounted solar energy
systems that is less than the maximum height allowed in the AG zoning district. The applicant
has indicated that the solar farm will have a panel height of approximately 12 feet at maximum
tilt. The proposed solar farm meets this requirement.
Building and Impervious Surface Coverage
The AG zoning district allows for up to 35% of the lot area to be covered by impervious surface.
The applicant is not proposing to construct any buildings, and is proposing that approximately
4.9 acres of the 38.25 acre site to be covered by impervious surface, including the solar panels,
access driveway, and equipment pad. This coverage equates to roughly 12.8% of the lot to be
covered by impervious surface, meeting the ordinance requirement.
Parking
Sec. 90-235 outlines minimum required parking for specific uses. Solar farms are not a specific
use that requires off-street parking. The applicant has stated that the access road will provide
enough space to park a maintenance vehicle during routine trips, without any further anticipated
vehicle trips per day. Staff is comfortable with the amount of space provided for parking in the
access road.
Landscaping
As previously stated, Sec. 90-278(d)(2)(g) and (h) require that ground areas within the perimeter
fencing of a solar farm not occupied by equipment or access paths be planted with deep-rooted,
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 8
8
native pollinator plantings and that the application include a vegetation establishment and
management plan (VMP) to be reviewed and approved by staff. Staff will continue to work with
the applicant on revising the landscape plan and VMP to ensure that ordinance requirements are
met.
Fencing/Screening
As previously stated, Sec. 90-278(d)(2)(e) requires that solar farms be enclosed by perimeter
fencing or adequate vegetative buffer for screening, with the primary form of screening being
plantings that are at least 6 feet tall at the time of planting. Staff is comfortable with the
applicant’s proposed landscape plan and the keeping of existing vegetation to provide an
adequate form of buffer for screening, provided that the landscape plan is revised to include trees
that are 6 feet tall at the time of planting, along with additional the conditions in the resolution.
Signage
The proposed solar farm shall include a sign listing the owner/operator of the system along with
appropriate contact information. Staff will review the specifications of such sign prior to issuing
a sign permit. The proposed solar farm does not include any additional signage for the purpose of
attracting attention or business to the site.
Stormwater Management
In general, the construction of the solar farm will not change how the property is drained. The
applicant’s grading plan utilizes a small infiltration basin to capture runoff from the access
driveway, laydown area, and equipment pad in the northwest corner of the property. The basin’s
outlet directs stormwater into the wetlands where the property already drains runoff to the east.
The installation of solar panels will not significantly change the direction or runoff, and the site
will drain as it currently drains. The stormwater plan meets the City’s volume and rate control
requirements to approve a stormwater permit. The applicant shall continue to work staff on any
additional measures necessary to obtain the stormwater permit prior to the issuance of a building
permit.
Utilities
The proposed use does not require servicing for water or sanitary sewer. The solar panels will
connect to the metering equipment via an underground conduit, and interconnects to the existing
power distribution network operated by Xcel Energy. Currently, the plan shows the underground
line converting to an overhead line near the wetland boundary on the southern end of the
property, with two overhead utility poles that will connect to a third utility pole maintained by
Xcel Energy. Staff is recommending that the underground line be continued further south and
closer to the road, so that only one overhead utility pole will need to be constructed. Staff will
continue to work with the applicant on revising the utility plan.
Streets and Access
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 9
9
The site has adequate access from 157th Street North via the proposed access driveway.
Wetlands
The property has approximately 31.1 acres of wetland. The solar array itself will not be located in
any wetland, but a portion of the driveway will cross approximately 1,811 square feet of wetland.
The Technical Evaluation Panel (TEP) has reviewed and approved the request for a no -loss
exemption for the driveway location.
Park Dedication
The proposed use does not require park dedication.
It is in staff’s opinion that the application meets all of the requirements for site plan approval.
9. CONCLUSION AND STAFF RECOMMENDATION:
It is in staff’s opinion that the requests for a solar farm site plan and IUP meets the City Code and
approval criteria for a solar farm.
Staff recommends approval of the solar farm site plan and interim use permit applications with the
conditions listed in the attached resolution and IUP.
10. PLANNING COMMISSION RECOMMENDATION:
After discussing the application, the Planning Commission voted unanimously to recommend that
the City Council approve the site plan and IUP requests for a solar farm at 7776 157th Street North.
ATTACHMENTS:
1. Site Map
2. Resolution
3. Solar Farm Interim Use Permit
Cedar Creek Energy Solar Farm Site Plan and IUP
Page 10
10
4. Applicant’s Narrative
5. Site Plan
6. Applicant’s Decommissioning Plan and Cost Estimate
7. City Engineers memo dated September 19, 2025
8. Civil Plans/Landscape Plan
9. Applicant’s Vegetation Establishment and Management Plan
10. Public Comments Received
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Location Map
Hugo, Minnesota
Parcel Boundary selection
Parcel Boundary
Roads
1 in = 500 feet
Site
RESOLUTION 2025-XX
APPROVING A SITE PLAN AND INTERIM USE PERMIT TO ALLOW A
SOLAR FARM ON PROPERTY LOCATED AT 7776 157TH STREET NORTH
WHEREAS, Oriana CSG 2020-12, LLC has requested approval of a Site Plan and
Interim Use Permit (IUP) to allow for a solar farm on the property legally described as
follows:
(See Attached)
WHEREAS, the Planning Commission has reviewed the request at a duly called public
hearing and recommends approval, and;
NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUGO, MINNESOTA, that it should and hereby does approve the
request by Oriana CSG 2020-12, LLC for a Site Plan and Interim Use Permit (IUP) to
allow a solar farm, subject to the following findings of fact:
1. The applicant has a lease agreement with the property owner of the
property in question.
2. The proposed solar farm is an allowed permitted use within the
Agricultural (AG) zoning district with an interim use permit.
3. The spirit and intent of the ordinance is to allow for the generation of
renewable energy within the City of Hugo. Promoting the safe, effective,
and efficient use of solar energy, may reduce the onsite consumption of
fossil fuels and utility-supplied electric energy while avoiding adverse
impacts on the community at large. The solar farm meets the spirit and
intent of the ordinance.
4. The solar farm will not impede the City’s ability to implement its
Comprehensive Plan.
5. The intent of the Agricultural (AG) zoning district is to provide an area for
uses dependent on the inherent productivity of the land. Many of the
surrounding properties are used for single-family homes or agricultural
activity, which generally translate into having a low impact on adjacent
properties with limited noise, traffic, etc. The solar farm will be
adequately screened from the view of surrounding properties. The solar
farm is compatible with the character of the surrounding area.
6. To construct and operate the solar farm on the property the applicant
agrees to sign the interim use permit and agrees to the conditions outlined
in the permit.
7. The permit shall be reviewed each year for the first two years after
installation and every five years following.
Resolution 2025-__ Page 2
8. Expires in 25 years (timeline beginning at the issuance of the building
permit) Expires when deemed abandoned. Expires when Oriana CSG
2020-12, LLC, is no longer the operator.
The requests shall be subject to the following conditions:
1. The applicant shall comply with all conditions listed in the interim use
permit (IUP).
2. The applicant shall submit revised plans for review and approval by City
staff as outlined in the IUP.
3. The applicant shall demonstrate that the elevation of the solar panels will
be level across the array.
4. The applicant shall revise the landscape plan to show 6-foot tall trees to be
planted along the southern and western sides of the solar array.
ADOPTED by the City Council this 6th day of October, 2025.
______________________________
Tom Weidt, Mayor
ATTEST:
__________________________________
Michele Lindau, City Clerk
Resolution 2025-__ Page 3
Legal Description
The Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼) of Section Fifteen (15),
Township Thirty-one (31), Range Twenty-one (21) LESS AND EXCEPT that part
described as follows: Beginning at the Southwest corner of said Northeast Quarter of the
Northwest Quarter (NE ¼ NW1/4) of said Section Fifteen; and running thence East along
the South line of said land, twenty (20) rods; thence North at right angles to said South line
twelve (12) rods; thence West to the West line of said forty, twenty (20) rods; thence South
twelve (12) rods to the place of beginning, Washington County, Minnesota.
INTERIM USE PERMIT
DATE OF APPROVAL: October 6, 2025
ISSUED TO: Oriana CSG 2020-12, LLC.
7776 157th Street North
Hugo, MN 55038
PROPERTY OWNER: John F. Lutz, et. al.
7776 157th Street North
Hugo, MN 55038
PROPERTY ADDRESS: 7776 157th Street North
Hugo, MN 55038
PROPERTY ID: 15.031.21.21.0001
EXPIRATION: Expires in 25 years (timeline beginning at the issuance of
the building permit) Expires when deemed abandoned.
Expires when Oriana CSG 2020-12, LLC, is no longer the
operator.
REVIEW: The permit shall be reviewed each year for the first two
years after installation and every five years following.
ZONING DISTRICT: Agricultural (AG)
LEGAL DESCRIPTION: See attached Exhibit A
THIS INTERIM USE PERMIT ALLOWS FOR THE FOLLOWING:
A solar farm on the property generally located at 7776 157th Street North.
THIS INTERIM USE PERMIT IS APPROVED SUBJECT TO COMPLIANCE
WITH THE FOLLOWING SPECIAL CONDITIONS:
1. A building permit shall be required for the construction of the solar farm.
2. The solar farm shall operate in a manner that is consistent with applicant’s
narrative (Exhibit B) and applicant’s site plan (Exhibit C).
3. The solar farm owner/operator shall comply with the decommissioning plan
(Exhibit D) and decommission plan City standards outlined in Section 90-278.
4. The solar energy system shall not exceed 15 feet in height when oriented at
maximum tilt, and the elevation of the solar panels shall be level across the array.
5. The solar farm shall not permit light, glare, noise, odor, smoke, dust, or vibration
that will in any way have an objectionable effect upon adjacent or nearby property
owners.
6. It shall be the responsibility of the solar farm owner/operator or property owner to
secure any solar energy easements, if applicable, to protect solar access for the
system (as per MN Statute Section 500.30).
7. The landscaping shall be installed at the same time as construction of the solar
farm.
8. The solar farm owner/operator shall be in compliance with an approved landscape
plan.
a. The vegetative screening shall have a height of at least 6 feet at the time of
planting.
9. The solar farm owner/operator shall be in compliance with an approved
vegetative establishment and maintenance plan.
10. The solar farm shall be adequately screened from public right-of-way and
adjacent properties.
11. A small sign will be allowed at the entrance of the site to display the site address,
emergency contact information, and emergency procedures. A permit for any
sign installed on site will require review and approval of a sign permit application
by City staff.
12. The applicant shall provide evidence that the solar energy system is functioning
properly at any time deemed necessary by the City.
Prior to the issuance of a building permit the following must be completed:
13. The solar farm owner/operator shall submit a current-day decommissioning cost
estimate review and approval by City staff, and shall post a cash escrow, in the
amount of $101,942.55 found in Exhibit D, in to the City.
14. An access easement shall be granted to the City for access to the property and for
the removal of the solar farm and components in the event the solar farm
owner/operator fails to comply with decommissioning plan or abandons the solar
farm.
15. The solar farm owner/operator must provide a copy of an executed agreement
with the local electric utility for purchase of the electricity from the solar farm.
16. The solar farm owner/operator shall provide a copy of the insurance policy for the
solar farm and property, for review and approval by City staff.
17. A revised landscape plan shall be submitted for review and approval by City staff.
The revised plan shall indicate:
a. All vegetative screening shall have a height of at least 6 feet at the time of
planting.
18. A revised vegetative establishment and maintenance plan shall be submitted for
review and approval by City staff. To the maximum extent possible, the revised
plan shall indicate:
a. A schedule for establishment and maintenance of vegetation, including
watering.
b. Criteria that will warrant certain actions during site inspections.
19. Engineering plans, including a stormwater management plan, shall be reviewed
and approved by City staff. A stormwater permit shall be issued by the City.
Prior to the issuance/approval of a final construction inspection the following
conditions must be met/completed:
20. All exterior electrical or other service lines shall be buried underground. The
collection system may be placed overhead near substations or points of
interconnection to the electrical grid.
21. All landscaping shall be installed in accordance with an approved landscape plan.
22. The solar energy panels shall be installed as to have the same elevation and be
consistent throughout the site.
23. Solar energy system components shall be labeled with the manufacturers name
and address, model number, and serial number.
24. The solar farm shall be in compliance with the adopted city and state building
code, electrical code, and plumbing code, as amended and receive any necessary
permits or approvals from any regulatory agency having jurisdiction.
Decommissioning
25. Upon expiration of the IUP, in the event the IUP is revoked by the City, or in the
solar farm is abandoned, the approved decommissioning plan shall be executed
and enforced.
a. The solar farm owner/operator shall provide evidence that the solar farm is
functioning properly. This shall be provided any time deemed necessary
by the City. If the solar energy system remains nonfunctional or
inoperative for a continuous period of 12 months, the system shall be
deemed abandoned and shall constitute a public nuisance. Within 90 days
after notice has been given, the owner shall remove the abandoned system
at their expense after a demolition permit has been obtained. Removal
shall be the entire solar farm and components including transmission
equipment, structures and foundations, and the restoration of soil and
vegetation. If the owner fails to fully remove the system, the City will
remove the system using the decommissioning escrow money.
b. Should be decommissioning escrow account contain insufficient funds to
complete the decommissioning, the remaining balance shall be assessed
against the property as a property tax.
ADOPTED by the City Council this ________ day of ________, 2025.
__________________________________________
Tom Weidt, Mayor
STATE OF MINNESOTA )
) ss.
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2024, before me, a Notary
Public, personally appeared Tom Weidt, Mayor 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,
Mayor, acknowledge said instrument to be the free act and deed of said City of Hugo.
__________________________________________
Notary Public
__________________________________________
Alex Gast, Chief Operating Officer
Oriana CSG 2020-12, LLC
STATE OF MINNESOTA )
) ss. (Individual Notary)
COUNTY OF WASHINGTON)
On this _____ day of __________________, 2025, before me, a Notary Public, personally appeared
Alex Gast, Chief Operating Officer of Oriana CSG 2020-12, LLC, who signed the foregoing
instrument and acknowledged said instrument to be his free act and deed.
__________________________________________
Notary Public
THIS INSTRUMENT WAS DRAFTED BY : THE CITY OF HUGO
14669 Fitzgerald Avenue North
Hugo, MN 55038
Exhibit A
Legal Description
The Northeast Quarter of the Northwest Quarter (NE ¼ NW ¼) of Section Fifteen (15),
Township Thirty-one (31), Range Twenty-one (21) LESS AND EXCEPT that part
described as follows: Beginning at the Southwest corner of said Northeast Quarter of the
Northwest Quarter (NE ¼ NW1/4) of said Section Fifteen; and running thence East
along the South line of said land, twenty (20) rods; thence North at right angles to said
South line twelve (12) rods; thence West to the West line of said forty, twenty (20) rods;
thence South twelve (12) rods to the place of beginning, Washington County, Minnesota.
Richard Krueger
Cedar Creek Energy
3155 104th Ln NE
Blaine, MN 55449
320.295.3385
richard@cedarcreekenergy.com
To whom it may concern,
As part of The City of Hugo’s Conditional Use Permit application process, an applicant is
required to present a narrative explaining how criteria under Section 90-37 Subsection C, 1-
13 or Section 90-37.1 Subsection F, 1-7 are satisfied. Please see below for a narrative
satisfying that requirement.
90.37(C)(1) Solar gardens are permissible within this zoning district as an Interim Use.
90.37(C)(2) The solar garden is keeping with the spirit and intent of the chapter.
90.37(c)(3) The proposed use (solar energy) will keep the farmland in the hands of the Lutz
family, and after cessation of operations, the soil with have been pesticide, herbicide, and
fertilizer-free for decades. This, along with the planting of native grasses and pollinators,
with help with pollination at neighboring farms, soil health, storm water runoff, and diverse
ecosystems.
90.37(c)(4) The purposed use will be interconnected to the Xcel Energy grid. There is no
water supply, gas, or sewage treatment on site.
90.37(c)(5) The solar garden has an adequate access and will not effect traffic on public
roads
90.37(c)(6) N/A. The solar garden is not in a floodplain
Exhibit B
90.37(c)(7) The solar garden will consist of arrays that will be fastened to I-beams pilled
into the soil. There is no danger of materials being swept away, absence an “act of God” as
defined by 42 USC § 9601(1).
90.37(c)(8) N/A. The solar garden is not near public waters
90.37(c)(9) N/A. The solar garden is not in a shoreland overlay district.
90.37(c)(10) N/A. The solar garden is not in a shoreland overlay district.
90.37(c)(11) N/A. There is no wetlands replacement plan.
90.37(c)(12) All permits required by the state have been applied to and approved.
90.37(c)(13) The solar garden meets all setback requirements from primary structures on
adjacent parcels, public ROWs, and adjacent property lines.
Cedar Creek Energy looks forward to working with the City of Hugo on providing renewable
energy to its residents.
Regards,
Richard Krueger
PROJECT LOCATION
7776 157TH ST N
HUGO, MN 55038
SHEET DESCRIPTION :
TITLE SHEET
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN, 55449
PHONE # 763-450-9763
PROJECT ADDRESS
7776 157TH ST N
HUGO, MN 55038
UTLITY CUSTOMER OF RECORD
ORIANA CSG 2020-12 LLC
SRC #
DRAWN BY :
TONY BRIENZA
PROJECT NAME & JOB #:
CSG LUTZ 1 - #
SHEET :
OTHER NOTES
CASE #04256885
NO POSITION, DISTANCE, OR CLEARANCE
ISSUES WITH OVERHEAD ELECTRIC SERVICE
LINES OR OTHER UTILITIES IN RELATION TO
THE PV PANELS
24/7 UNESCORTED KEYLESS ACCESS FOR
THE UTILITY METERS AND UTILITY AC
DISCONNECT
SPACE FOR PE STAMP :
REVISIONS
# DESCRIPTION BY CHK'D DATE
0 INTERCONNECTION SET JL 12/01/2023
1 INTERCONNECTION SET TB 01/18/2024
2 INTERCONNECTION SET TB 05/20/2024
SHEET SIZE:
36X24
PROJECT DESCRIPTION
SYSTEM SIZE (DC)1.448 MW
SYSTEM SIZE (AC)POWER LIMITED
1000 KW
DC/AC RATIO 1.448
AZIMUTH 180°
TILT +/- 52°
MODULE TYPE Q CELLS, Q. PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE COUNT 2,496
INVERTER TYPE SMA SUNNY HIGHPOWER
PEAK-3 125kW
INVERTER POWER (kW)125kW
RACKING SINGLE AXIS TRACKER
MONITORING ALSO ENERGY
PROJECT AREA ~5.6 ACRES
MIN./MAX. TEMP -29°C / 31°C
ABBREVIATIONS :
1. A: AMPS
2. AC: ALTERNATING CURRENT
3. C.B.: CIRCUIT BREAKER
4. DC: DIRECT CURRENT
5. DCCB: DC COMBINER
6. (E): EXISTING
7. (N): NEW
8. EPS: ELECTRIC POWER
SERVICE
9. (EXT): EXTERIOR
10. (INT): INTERIOR
11. kW: KILOWATT
12. MLO: MAIN LUG ONLY
13. MCB: MAIN CIRCUIT BREAKER
14. NF: NON-FUSED
15. P: POLE
16. PCC: POINT OF COMMON
COUPLING
17.PH: PHASE
18.PoC: POINT OF DER
CONNECTION
19.PoI: POINT OF CONNECTION
20.PV: PHOTOVOLTAIC
21.RPA: REFERENCE POINT OF
APPLICABILITY
22. W: WATT
23.W: WIRE
24.Y: WYE PV-0.0
PROJECT OWNER
ORIANA CSG 2020-12 LLC
7776 N 157TH ST N
HUGO, MN 55038
CONTACT:
ALEX GAST
ALEX.GAST@CEDARCREEKENERGY.COM
(763) 450-9765
CONTRACTOR
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN 55449
CONTACT:
ALEX GAST
ALEX.GAST@CEDARCREEKENERGY.COM
(763) 450-9765
APPLICATION CODES & STANDARDS
- IBC 2018
- MN BUILDING CODE 2020
- NATIONAL ELECTRIC CODE 2023
ELECTRICAL ENGINEER
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN 55449
CONTACT:
MIKE HERMAN
MIKE.HERMAN@CEDARCREEKENERGY.COM
(763) 432-5261
UTILITY
XCEL ENERGY
414 NICOLLET MALL, 401-6
MINNEAPOLIS, MN 55401
CONTACT:
SOLARREWARDSCOMMMN@XCELENERGY.COM
PROJECT DESCRIPTION
THIS PROJECT WILL CONSTRUCT A NEW
GROUND-MOUNTED PV ARRAY. PANELS WILL BE
INSTALLED USING A SINGLE AXIS TRACKING GROUND
MOUNTED RACKING SYSTEM. INVERTERS WILL
CONSIST OF STRING INVERTERS. THE
INTERCONNECTION WILL BE TO THE SECONDARY
SIDE OF THE UTILITY PROVIDED PAD MOUNTED
TRANSFORMER.
PV SYSTEM INFORMATION
FOOTPRINT FENCE AREA: 5.6 ACRES
MODULE AREA: 4.84 ACRES
RACKING: ATI DURATRACK HZ SOLAR TRACKER
ARRAY TILT: +/- 52°
AZIMUTH: 180°
PV MODULES:HANWHA Q CELLS, Q.PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE STC WATTS: 580W
TOTAL NO. OF MODULES: 2469
PV SYSTEM DC RATING: 1,4480kW DC
INVERTER: SMA, SUNNY HIGHPOWER PEAK-3 125kW
INVERTER AC APPARENT POWER: 1000kVA AC
INVERTER RATED AC ACTIVE POWER: 1000kW AC
TOTAL NO. OF INVERTERS: 9
PV SYSTEM AC RATING: POWER LIMITED TO 999kW AC
DC/AC RATIO: 1.46
POWER FACTOR SET POINT: 0.97 LEADING
GROUND COVERAGE RATIO: 0.32
ORIANA CSG 2020-12 LLC
COORDINATES / LOCATION (45.179722N, -92.951828W)
7776 N 157TH ST N, MN 55038
XCEL ENERGY - SRC 4256885
1.448 MW DC / 999 MW AC
PROJECT LOCATION
ORIANA CSG 2020-12 LLC
7776 N 157TH ST N
HUGO, MN 55038
PROJECT DEVELOPER
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN 55449
CONTACT:
ALEX GAST
ALEX.GAST@CEDARCREEKENERGY.COM
(763) 450-9765
N
Exhibit C
933.88
CMP INV 12IN BURIED
935.22
TOP CMP 12IN?
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x x
x
x
x
x
PID#: 15.031.21.22.0003
15880 Harrow Avenue North
TRS AGR Joseph & Barbara Wewers
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 10.031.21.43.0001
address unassigned
John F. Lutz, et al
PID#: 15.031.21.12.0001
7866 157th Street North
John F. Lutz, et al
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
SHED17.5
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
(GRAVEL SURFACE)
33
33
33
33
OHU OHU OHU OHU OHU OHU OHU
WETLAND 1
WETLAND 2
WETLAND 3
WETLAND 4
WETLAND 4
PARCEL BOUNDARY
PARCEL BOUNDARY
x
x
x
x
x
x
x
x x x x
x
x
x
x
xxxxxxxxxxxx
x
x
x
x
x
x
x
x
x
x
x
x
x x x x x
944'
944'
938'
946'
942'
942'
936'
940'
40
0
'
25'-2"
100'-2"
104'-4"
634'-5"
21
9
'
-
2
"
33
8
'
-
2
"
54
9
'
-
5
"
18
'
-
8
"
14'-5"
15
'
15'
15
'
15'
15'
15
'
12" CMP
INV ±934.2
12" CMP
INV ±932.9
FIBER MARKER FIBER MARKER
(N) SOLAR MODULES ON
TRACKER SYSTEM
SEE PV PLANS
(N) 15' GRAVEL DRIVE (5,700 SF TOTAL)
SEE DETAIL (1/SP104)
(N) FENCE (5.6 ACRES ENCLOSED),
SEE DETAIL (2/SP104)
(N) SWITCH GEAR AND
TRANSFORMER, SEE PV PLANS
AND DETAIL (5/SP104)
(N) OHE, SEE PV PLANS
16
'
-
6
"
17'-
2
"
18'
-
1
"
SHEET DESCRIPTION :
SITE PLAN
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN, 55449
PHONE # 763-450-9763
PROJECT ADDRESS
7776 157TH ST N
HUGO, MN 55038
UTLITY CUSTOMER OF RECORD
ORIANA CSG 2020-12 LLC
SRC #
DRAWN BY :
TONY BRIENZA
PROJECT NAME & JOB #:
CSG LUTZ 1 - #
SHEET :
OTHER NOTES
CASE #04256885
NO POSITION, DISTANCE, OR CLEARANCE
ISSUES WITH OVERHEAD ELECTRIC SERVICE
LINES OR OTHER UTILITIES IN RELATION TO
THE PV PANELS
24/7 UNESCORTED KEYLESS ACCESS FOR
THE UTILITY METERS AND UTILITY AC
DISCONNECT
SPACE FOR PE STAMP :
REVISIONS
#DESCRIPTION BY CHK'D DATE
0 INTERCONNECTION SET JL 12/01/2023
1 INTERCONNECTION SET TB 01/18/2024
2 INTERCONNECTION SET TB 05/20/2024
SHEET SIZE:
36X24
PROJECT DESCRIPTION
SYSTEM SIZE (DC)1.448 MW
SYSTEM SIZE (AC)POWER LIMITED
1000 KW
DC/AC RATIO 1.448
AZIMUTH 180°
TILT +/- 52°
MODULE TYPE Q CELLS, Q. PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE COUNT 2,496
INVERTER TYPE SMA SUNNY HIGHPOWER
PEAK-3 125kW
INVERTER POWER (kW)125kW
RACKING SINGLE AXIS TRACKER
MONITORING ALSO ENERGY
PROJECT AREA ~5.6 ACRES
MIN./MAX. TEMP -29°C / 31°C
PV-1.0N
935.22
TOP CMP 12IN?
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x x x
x
x
x
x
x
PID#: 15.031.21.22.0003
15880 Harrow Avenue North
TRS AGR Joseph & Barbara Wewers
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
SHED17.5
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
(GRAVEL SURFACE)
33
33
33
33
SOUTH LINE OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
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S
(
1
9
8
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)
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,
TW
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.
3
1
N
,
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.
2
1
W
OHU OHU OHU OHU OHU OHU OHU OHU OHU
S89°54'21"W 981.03
S0
°
2
1
'
1
7
"
W
1
3
2
1
.
6
4
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
90°0'0"
EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
54'-03
4"
WETLAND 1
WETLAND 2
WETLAND 3
WETLAND 4
SW CORNER OF NE1/4 OF NW
1/4 SEC. 15, TWP. 31N, RGE. 21W
PARCEL BOUNDARY
PARCEL BOUNDARY
x
x
x
x
x
x x
x
x
x
x
x x x x
x
x
x
x
x
xxxxxxxxxxxxxx
x
x
x
x
x
x
x
x
x
x
x
x
x
x
x x x x x x
944'
944'
938'
946'
942'
942'
936'
940'
40
0
'
25'-2"
100'-2"
104'-4"
634'-5"
21
9
'
-
2
"
33
8
'
-
2
"
54
9
'
-
5
"
18
'
-
8
"
14'-5"
15
'
15'
15
'
15'
15'
15
'
16
'
-
6
"
17'-
2
"
18'
-
1
"
UTILITY 2-PHASE TO BE
UPGRADED TO 3-PH ~6336'
ARRAY FENCE;
~2386' AND
~5.92 ACRES
1 NEW UTILITY POLES WITH MIN 30' POLE SPACING;
INCLUDING GOAB SWITCH AND UTILITY METER;
TO BE WITHIN 5'-10' OF ACCESS ROAD;
READILY ACCESSIBLE
PCC COORDINATES: 45.177974, -92.948923
48 MODULE
TRACKERS
EQUIPMENT PAD INCLUDING
PRODUCTION METER AND
UTILITY AC DISCONNECT;
READILY ACCESSIBLE
XCEL TRANSFORMER;
READILY ACCESSIBLE;
UTILITY POI
48 MODULE
TRACKERS
30' WIDE XCEL EASEMENT
15' AROUND TRANSFORMER
ACCESS ROAD DISTURBS
~450 SQ FT
USING EXISTING TREES/FOLIAGE
AS SCREENING
MODULE FOOTPRINT
~4.81 ACRES
ASSUMED 130' OFFSET FROM EXISTING ROAD
~1220' TO HARROW AVE N
2 ROWS OF 4-5' TALL TREES
STAGGERED AND SPACED
16' O.C.
2 ROWS OF 4-5' TALL TREES
STAGGERED AND SPACED
16' O.C.
SHEET DESCRIPTION :
TRACKER ELEVATION DETAIL
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN, 55449
PHONE # 763-450-9763
PROJECT ADDRESS
7776 157TH ST N
HUGO, MN 55038
UTLITY CUSTOMER OF RECORD
ORIANA CSG 2020-12 LLC
SRC #
DRAWN BY :
TONY BRIENZA
PROJECT NAME & JOB #:
CSG LUTZ 1 - #
SHEET :
OTHER NOTES
CASE #04256885
NO POSITION, DISTANCE, OR CLEARANCE
ISSUES WITH OVERHEAD ELECTRIC SERVICE
LINES OR OTHER UTILITIES IN RELATION TO
THE PV PANELS
24/7 UNESCORTED KEYLESS ACCESS FOR
THE UTILITY METERS AND UTILITY AC
DISCONNECT
SPACE FOR PE STAMP :
REVISIONS
#DESCRIPTION BY CHK'D DATE
0 INTERCONNECTION SET JL 12/01/2023
1 INTERCONNECTION SET TB 01/18/2024
2 INTERCONNECTION SET TB 05/20/2024
SHEET SIZE:
36X24
PROJECT DESCRIPTION
SYSTEM SIZE (DC)1.448 MW
SYSTEM SIZE (AC)POWER LIMITED
1000 KW
DC/AC RATIO 1.448
AZIMUTH 180°
TILT +/- 52°
MODULE TYPE Q CELLS, Q. PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE COUNT 2,496
INVERTER TYPE SMA SUNNY HIGHPOWER
PEAK-3 125kW
INVERTER POWER (kW)125kW
RACKING SINGLE AXIS TRACKER
MONITORING ALSO ENERGY
PROJECT AREA ~5.6 ACRES
MIN./MAX. TEMP -29°C / 31°C
PV-1.1N
SHEET DESCRIPTION :
FENCE DETAIL
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN, 55449
PHONE # 763-450-9763
PROJECT ADDRESS
7776 157TH ST N
HUGO, MN 55038
UTLITY CUSTOMER OF RECORD
ORIANA CSG 2020-12 LLC
SRC #
DRAWN BY :
TONY BRIENZA
PROJECT NAME & JOB #:
CSG LUTZ 1 - #
SHEET :
OTHER NOTES
CASE #04256885
NO POSITION, DISTANCE, OR CLEARANCE
ISSUES WITH OVERHEAD ELECTRIC SERVICE
LINES OR OTHER UTILITIES IN RELATION TO
THE PV PANELS
24/7 UNESCORTED KEYLESS ACCESS FOR
THE UTILITY METERS AND UTILITY AC
DISCONNECT
SPACE FOR PE STAMP :
REVISIONS
#DESCRIPTION BY CHK'D DATE
0 INTERCONNECTION SET JL 12/01/2023
1 INTERCONNECTION SET TB 01/18/2024
2 INTERCONNECTION SET TB 05/20/2024
SHEET SIZE:
36X24
PROJECT DESCRIPTION
SYSTEM SIZE (DC)1.448 MW
SYSTEM SIZE (AC)POWER LIMITED
1000 KW
DC/AC RATIO 1.448
AZIMUTH 180°
TILT +/- 52°
MODULE TYPE Q CELLS, Q. PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE COUNT 2,496
INVERTER TYPE SMA SUNNY HIGHPOWER
PEAK-3 125kW
INVERTER POWER (kW)125kW
RACKING SINGLE AXIS TRACKER
MONITORING ALSO ENERGY
PROJECT AREA ~5.6 ACRES
MIN./MAX. TEMP -29°C / 31°C
PV-2.1
SCH. 80 PVC SECURED TO STRUT
RACK WITH CONDUIT STRAPS,
STRUT SECURED TO PILE WITH
BEAM CLAMPS, TYP.
4'-514"
TBD
1'
3'-7"
TBD
DC CONDUCTORS ROUTED ALONG
TORQUE TUBE USING APPROVED
METHODS AND HARDWARE
GRADE
TRACKER PILE
SCH. 80 PVC ABOVE GRADE CONDUIT
STUBS W/ BELL ENDS, SEALED W/
DUCT SEAL OR EXPANDING FOAM
TYP. QTY MAY VARY
DC CONDUCTORS EXIT BELL END W/
UV RESISTANT SPLIT LOOM FOR
PROTECTION.
CONDUIT BELL END UNDERGROUND
DIRECT BURIED RATED DC
CONDUCTORS ROUTED TO
INVERTER
2'-6"
4'-11"
Scale: NTS7TRACKER ELEVATION DETAIL
7' 11 1
8"
12' MAX
SHEET DESCRIPTION :
TRACKER ELEVATION DETAIL
CEDAR CREEK ENERGY
3155 104TH LN NE
BLAINE, MN, 55449
PHONE # 763-450-9763
PROJECT ADDRESS
7776 157TH ST N
HUGO, MN 55038
UTLITY CUSTOMER OF RECORD
ORIANA CSG 2020-12 LLC
SRC #
DRAWN BY :
TONY BRIENZA
PROJECT NAME & JOB #:
CSG LUTZ 1 - #
SHEET :
OTHER NOTES
CASE #04256885
NO POSITION, DISTANCE, OR CLEARANCE
ISSUES WITH OVERHEAD ELECTRIC SERVICE
LINES OR OTHER UTILITIES IN RELATION TO
THE PV PANELS
24/7 UNESCORTED KEYLESS ACCESS FOR
THE UTILITY METERS AND UTILITY AC
DISCONNECT
SPACE FOR PE STAMP :
REVISIONS
#DESCRIPTION BY CHK'D DATE
0 INTERCONNECTION SET JL 12/01/2023
1 INTERCONNECTION SET TB 01/18/2024
2 INTERCONNECTION SET TB 05/20/2024
SHEET SIZE:
36X24
PROJECT DESCRIPTION
SYSTEM SIZE (DC)1.448 MW
SYSTEM SIZE (AC)POWER LIMITED
1000 KW
DC/AC RATIO 1.448
AZIMUTH 180°
TILT +/- 52°
MODULE TYPE Q CELLS, Q. PEAK DUO
XL-G11.3/BFG 580 (580W)
MODULE COUNT 2,496
INVERTER TYPE SMA SUNNY HIGHPOWER
PEAK-3 125kW
INVERTER POWER (kW)125kW
RACKING SINGLE AXIS TRACKER
MONITORING ALSO ENERGY
PROJECT AREA ~5.6 ACRES
MIN./MAX. TEMP -29°C / 31°C
PV-2.2
Lutz CSG CSG
Decommissioning Plan
Prepared for:
Oriana CSG 2020-12 LLC
7776 N 157th St N, Hugo, MN, 55038
Location: Hugo, MN
February 23, 2024
Exhibit D
Lutz CSG CSG: Decommissioning Plan
Table of Contents
1 -Introduction…...............................................................................................................1
2 -Summary Statement of Expected Residual Value…........................................................1
3 -Basis of Plan Narrative…................................................................................................1
4 -Schedule of Removal and Restoration Costs…...............................................................3
5 -Schedule of Salvage Values….........................................................................................4
February 23, 2024
Lutz CSG CSG: Decommissioning Plan
1.0 Introduction
2.0 Summary Statement of Expected Decommissioning Cost
3.0 Basis of Plan Narrative
3.1 General
•
•
•
•
•
Page 1
#REF!
The following is a list of assumptions and clarifications to further define the
methodology used to establish the scope and values of the removal costs and salvage
values.
The purpose of this report is to describe the decommissioning process for the Lutz CSG
solar photovoltaic generation facility (“the project”) located at 7776 N 157th ST N,
Hugo, MN 55038. The project consists of 2496 solar modules mounted to a driven pile,
single axis tracker system. Both direct current (DC) and alternating current (AC)
conductors will be trenched in conduit. After final circuit consolidation at the PV system
pad mounted switchboard, the system’s voltage will be stepped-up to distribution level
at the Xcel owned transformer and interconnected, onto an existing utility distribution
circuit.
The project converted approximately 5 acres of agricultural land into a power
generation facility. Construction included elevated solar modules mounted on driven
steel piles, concrete inverter/transformer pads, and gravel access roads.
The intent of the decommissioning work will be to fully remove the solar facility,
dispose of any components, and restore the site to a permanently stabilized grassed
field.
The service life of the facility is assumed to be 35 years. All dollar amounts are in net-
present-value. It is assumed that all values will inflate/deflate at consistent with
baseline inflation, therefore, the net-present-value comparison of removal cost to
salvage value will remain relevant at the end of the service life.
Costs associated with this plan represent a “turn key” operation for a general
contractor to be hired for this work, including permits, mobilization, contingency, etc.
Haul costs assume a maximum distance of 60 miles between the project and nearest
disposal or recycling facility.
No maximum duration has been assigned for this work. It has been assumed that this
work would be handled by a single crew without full time site personnel.
February 23, 2024
Lutz CSG CSG: Decommissioning Plan
3.2 Civil Infrastructure
•
•
•
•
•
•
3.3 Structural Infrastructure
•
•
3.4 Electrical Infrastructure
•
•
•
•
•
•
•
•
3.5 Recycling PV Modules
•
o Creating a useful and sustainable method of disposal
o Providing raw materials for repurposing and reprocessing
o
o
o Recycling of rare earth metals.
Page 2
Steel pile foundation removal is estimated at 25% the effort and cost as pile
installation.
Steel racking removal is estimated at 50% the effort and cost of racking installation.
PV modules to be recycled. Assumption is that the modules are 72 cell polysilicon
modules, having an approximate dimension of 6’ x 3’ in dimension.
Switchgear including transformers will be removed from their respective concrete pads
and recycled or returned to the manufacturer.
Copper wiring will be dug up (if required) and recycled.
Aluminum wiring will be dug up (if required) and recycled.
Topsoil used to backfill excavations will be borrowed from onsite locations. No topsoil
import is included.
Remove rip rap at stormwater basins.
Aggregate removal will be the full depth of the aggregate section for roads, equipment
pads, and other areas utilizing aggregate. No aggregate will be buried. Includes
subgrade scarification prior to backfilling with topsoil.
Turf establishment includes mulch, fertilizer, and water as necessary to achieve 70%
ground cover as required to satisfy the NPDES Construction General Permit.
Sediment control cost consists of silt fence but could also be fiber logs. Location of
sediment control will be downslope from exposed soils only in areas where
sedimentation offsite or into onsite water bodies can reasonably be expected.
Trees and shrubs shall be protected and shall remain in place.
February 23, 2024
Recovering up to 90% of the photovoltaic glass and up to 95% of the
semiconductor material necessary for further production
Recycling solar modules have environmental benefits such as
On site riser or interconnection poles shall be removed.
String inverters/combiner boxes are no more than 130 lbs. in weight and not more than
40” x 25” x 12” in dimension. A two-person crew can dismantle a string inverter and
recycle the components.
Transformers are pad mounted and weigh approximately 8,500 pounds. These are dry
type transformers, so there is no need for any oil disposal.
Underground power and communication cables can be removed by excavating with a
power trencher or excavator.
Lutz CSG CSG: Decommissioning Plan
4.0 Schedule of Removal and Restoration Costs
Page 3February 23, 2024
QUANTITY UNITS $/UNIT COST NOTES
CIVIL INFRASTRUCTURE
1 Aggregate Removal 75 CY $4.00 $300.00 Remove full section of aggregate road, structural concrete base material,
and surfacing around equipment pads
2 Aggregate Haul and Offsite Disposal 75 CY $10.00 $750.00
3 Geotextile Removal under Aggregate Roads 5,700 SF $0.18 $1,026.00
4 Geotextile Haul and Offsite Disposal 5,700 SF $0.01 $57.00
5 Topsoil Backfill 23 CY $10.00 $230.00 Onsite relocation of topsoil to backfill road and equipment pad
excavations
6 Rip Rap Removal 120 CY $10.00 $1,200.00 Remove CMP of approximate 30' length with no greater than 2' of cover
7 Rip Rap Haul and Offsite Disposal 120 CY $10.00 $1,200.00
8 Chain-link Fence Removal 2,108 LF $1.00 $2,108.00
9 Chain-link Fence Haul and Offsite Disposal 2,108 LF $0.50 $1,054.00
10 Reinforced Concrete Equipment Pad
Removal 1 EA $500.00 $500.00
11 Concrete Waste Haul and Offsite Disposal 1 EA $500.00 $500.00
12 Site Grading 1 AC $2,000.00 $2,000.00 Grading smooth all areas disturbed by removals, excavations, etc.,
assumed (0.1 x project area) + Road Area + Equipment Pad Area
13 Turf Establishment 1 AC $1,500.00 $1,500.00 Hydroseed all areas disturbed by removals, excavations, etc.
14 Sediment Control 1504 LF $1.50 $2,256.00 Silt fence, assumed 2 x the project area N-S length
Structural Infrastructure
15 Foundation Removal 520 EA $4.50 $2,340.00
16 Foundation Haul and Offsite Disposal 520 EA $1.50 $780.00
17 Steel Racking Removal 1.448 MW $3,000.00 $4,344.00
18 Steel Racking Haul and Offsite Disposal 1.448 MW $500.00 $724.00
Electrical Infrastructure
19 Removal of Solar Modules 2,496 EA $3.00 $7,488.00
20 Removal of String Inverters 9 EA $40.00 $360.00
21 Removal of Switchgear/Xfmr 2 EA $1,200.00 $2,400.00
22 Removal of Riser and Interconnection Poles 3 EA $800.00 $2,400.00
23 Removal of SCADA/Aux Panel/Weather
Station 1 EA $350.00 $350.00
24 Removal of Medium Voltage AL Cables 0.999 MW $1,200.00 $1,198.80
25 Removal of Fiber Optic Cables 0.999 MW $250.00 $249.75
Total Cost 2025 $37,315.55
Total Cost With Inflation (35 Years in Future,
3% Inflation Annually) $101,942.55
Assumed [20] posts for 100 mod tables and [15] posts for 75 mod tables
Lutz CSG CSG
ENGINEER'S ESTIMATE
7/21/2025
Schedule of Removal and Restoration Costs
Includes fence mesh, post framing, concrete foundations, gates, etc.
Assumes min 20' clearance from energized equipment
\\metro-inet\hugo\Shared\Users\R_Juba\DEVELOPMENT PROJECTS\1_OTHER APPLICATIONS\CUP_IUP\Cedar Creek Energy Solar Farm\2025
Resubmittal\Engineers Memo and Redline Comments\LTR-r juba-Cedar Creek Solar - 09172025.docx
17
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September 19,2025
Ms. Rachel Juba
Community Development Director
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: Cedar Creek Solar Site Review
WSB Project No. 031475-000
Dear Ms. Juba:
We have reviewed the submittal for the Cedar Creek Solar Site. We have reviewed the following
information related to this application:
• CSG Lutz 1 Site Plan dated July 25, 2025 by Cedar Creek Energy
• Oriana Community Solar Garden Civil Set dated August 12, 2025 by PLAN-Type
• Stormwater Report dated August 8, 2025 by Advanced Engineering Concepts
• Stormwater Management Plan dated August 8, 2025 by Advanced Engineering Concepts
General/Access
1. The subject property is located on the north side of 157th Street between Harrow Avenue
North and Homestead Avenue North.
2. Access to the solar site will occur from 157th Street.
Utility Plan
3. No utilities are proposed as part of the solar site.
Stormwater Management
4. The site is proposing to meet water quality requirements through onsite stormwater infiltration
basins. The basins are located downgradient of the access roadway and concrete pad to
provide treatment for these hard surface areas as these will generate the main pollutant load
onsite. The stormwater pond was sized to provide treatment for all impervious surfaces
onsite, including the solar panels, following MPCA guidance for solar sites.
5. Rate control is proposed to be met through the infiltration basins and existing depressions
onsite. Rate control requirements will be required to be met at all discharge points from the
site.
6. Minimal grading is proposed onsite outside of the access drive area, so overall drainage
patterns remain relatively unchanged from the existing condition.
7. Minor engineering comments on the drainage may modify the current basins, however they
are not anticipated to significantly change the overall drainage design.
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.
Ms. Rachel Juba
September 19, 2025
Page 2
\\metro-inet\hugo\Shared\Users\R_Juba\DEVELOPMENT PROJECTS\1_OTHER
APPLICATIONS\CUP_IUP\Cedar Creek Energy Solar Farm\2025 Resubmittal\Engineers Memo
and Redline Comments\LTR-r juba-Cedar Creek Solar - 09172025.docx
Sincerely,
WSB
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Public Works Director (email only)
Liz Finnegan, Senior Engineering Technician (email only)
SITE LOCATION
157TH ST N
HA
R
R
O
W
A
V
E
N
165TH ST N
170TH ST N
ST
A
T
E
H
I
G
H
W
A
Y
6
1
ONEK
A
L
A
K
E
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
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06-30-2026Expiration:
NOT
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CON
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I
O
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DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
TITLE
SHEET
T101
VICINITY MAP
N
SHEET #DESCRIPTION REV. NO.REV. DATE
T101 TITLE SHEET 0 07/28/2025
SP101 SITE PLAN 0 07/28/2025
SP102 SITE DIMENSION PLAN 0 07/28/2025
SP103 SITE KEYNOTE PLAN 0 07/28/2025
SP104 SITE KEYNOTE PLAN 0 07/28/2025
SP105 SITE PLAN DETAIL 0 07/28/2025
SP201 GRADE PLAN 0 07/28/2025
SP202 SITE WETLAND PLAN 0 07/28/2025
L101 LANDSCAPE PLAN 0 07/28/2025
SWP101 EROSION CONTROL PLAN 0 07/28/2025
SWP102 EROSION CONTROL DETAILS 0 07/28/2025
SWP103 EROSION CONTROL NOTES 0 07/28/2025
COUNTY MAP
ORIANA COMMUNITY SOLAR GARDEN
CITY OF HUGO, WASHINGTON COUNTY, MINNESOTA
WASHINGTON
COUNTY
PROJECT CONTACTS
CLIENT
CEDAR CREEK ENERGY
3155 104TH LN NE,
BLAINE, MN 55449
763-432-5261
SURVEYOR
EVS, INC.
100025 VALLEY VIEW ROAD, SUITE 140
EDEN PRAIRIE, MN 55344
952-646-0236
SITE PLANNER/LANDSCAPE ARCHITECT
PLAN-TYPE
1408 92ND AVE N
MINNEAPOLIS, MN 55444
952-688-6560
SHEET INDEX
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
FIBER MARKER FIBER MARKER
PID#: 15.031.21.22.0003
15880 Harrow Avenue North
TRS AGR Joseph & Barbara Wewers
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 10.031.21.43.0001
address unassigned
John F. Lutz, et al
PID#: 15.031.21.12.0001
7866 157th Street North
John F. Lutz, et al
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
SOUTH LINE OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
FIBER MARKER FIBER MARKER
SO
U
T
H
L
I
N
E
O
F
N
W
1
/
4
S
E
C
.
1
5
,
TW
P
.
3
1
N
,
R
G
E
.
2
1
W
S89°54'21"W 981.03
S0
°
2
1
'
1
7
"
W
1
3
2
1
.
6
4
N89°55'34"E 878.75
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
100' SETBACK
100' SETBACK
(N) SOLAR MODULES
ON TRACKER SYSTEM
SEE PV PLANS
(N) 15' GRAVEL DRIVE, SEE DETAIL (1/SP104)
(N) FENCE (5.96 ACRES
ENCLOSED), SEE DETAIL (2/SP104)
(N) SWITCH GEAR
AND TRANSFORMER,
SEE PV PLANS AND
DETAIL (5/SP104)
(N) OHE, SEE PV PLANS
100' SETBACK
100' SETBACK
30' XCEL EASEMENT,
15' AROUND
TRANSFORMER
339.34'
90°0'0"EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
25'
100'
565.84'
571.24'
90.11'
15'
(TYP.)
15'
233.34'
384.46'
90.7'
93.67'
200.09'
45.05'
202.74'
181.38'
R10'
(TYP.)
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
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N
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-
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.
c
o
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06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SP101Know what's below.
before you dig.Call
RN
0
SCALE: 1"=80'
8040 160
CONSTRUCTION NOTE:
CONSTRUCTION FENCING TO BE INSTALLED AROUND
ENTIRE CONSTRUCTION SITE. COORDINATE WITH
OWNER FOR FENCING AND GATE LOCATIONS.
LAYOUT NOTES:
1.PLAN PREPARED FROM AN ALTA/ACSM LAND TITLE
SURVEY BY:
EVS, INC
100025 VALLEY VIEW ROAD, SUITE 140
EDEN PRAIRIE, MN 55344
952-646-0236
DATED 12-05-2023
2.SITE ELEMENTS LOCATED FROM SOUTH WEST
PROPERTY CORNER AND PERPENDICULAR OR
PARALLEL TO WEST PROPERTY LINE UNLESS
DIMENSIONED OTHERWISE.
SITE PLAN
SITE SF: 1,666,217 SF - 38.25 ACRES
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
15'
15'
R30'R30'
31.45'
53.55'
5.29'
13'
63'
149.61'
90.68'
15' (TYP.)
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
A
N
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SI
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P
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A
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N
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&
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Mi
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a
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,
M
N
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f
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@
p
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.
c
o
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06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
0
SCALE: 1"=20'
2010 40
Know what's below.
before you dig.Call
RN
SP102
SITE
DIMENSION
PLAN
33
33
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
SHED17.5
33
33
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
100' SETBACK
100' SETBACK
30' XCEL EASEMENT,
15' AROUND
TRANSFORMER
90°0'0"
EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
A
N
-
T
yp
e
SI
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E
P
L
A
N
N
I
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A
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A
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I
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E
C
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U
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Mi
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a
p
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l
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s
,
M
N
i
n
f
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@
p
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a
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-
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p
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.
c
o
m
06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SITE PLAN KEYNOTES
1.ACCESS ROAD PER DETAIL (1/SP104)
2.PERIMETER FENCE PER DETAIL (2/SP104)
3.20' ACCESS GATE PER DETAIL (4/SP104)
4.TRANSFORMER (A) AND SWITCHGEAR (B) PAD PER DETAIL (5/SP104)
5.FLARED END SECTION PER DETAIL (3/SP104)
6.SOLAR MODULES PER PV PLANS
7.CLEARED AND GRUBBED AREA FOR PROPOSED DRAINAGE SWALE, SEE LANDSCAPE PLANS
8.PROPOSED NEW OVERHEAD (OH) AND UNDERGROUND ELECTRICAL (UE), SEE PV PLANS
9.INFILTRATION BASIN, SEE SP201 AND L101 FOR MORE INFO
0
SCALE: 1"=20'
2010 40
Know what's below.
before you dig.Call
RN
SP103
SITE
KEYNOTE
PLAN
7
7
7
8-UE
8-OH
5 51
1
9
9
1
7
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
1
6
6
7
8-UE
2
2
2
3
4B
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
A
N
-
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yp
e
SI
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E
P
L
A
N
N
I
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&
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A
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D
S
C
A
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A
R
C
H
I
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C
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Mi
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a
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,
M
N
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f
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-
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.
c
o
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06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SITE PLAN KEYNOTES
1.ACCESS ROAD PER DETAIL (1/SP104)
2.PERIMETER FENCE PER DETAIL (2/SP104)
3.20' ACCESS GATE PER DETAIL (4/SP104)
4.TRANSFORMER (A) AND SWITCHGEAR (B) PAD PER DETAIL (5/SP104)
5.FLARED END SECTION PER DETAIL (3/SP104)
6.SOLAR MODULES PER PV PLANS
7.CLEARED AND GRUBBED AREA FOR PROPOSED DRAINAGE SWALE, SEE LANDSCAPE PLANS
8.PROPOSED NEW OVERHEAD (OH) AND UNDERGROUND ELECTRICAL (UE), SEE PV PLANS
9.INFILTRATION BASIN, SEE SP201 AND L101 FOR MORE INFO
0
SCALE: 1"=20'
2010 40
Know what's below.
before you dig.Call
RN
SP104
SITE
KEYNOTE
PLAN
4A
1
1
9
MAX 4:1 SLOPE
℄ DITCH
TOP OF DITCH
TOP OF DITCH
℄ DITCH
MAX 4:1 SLOPE
ACCESS ROAD
AA
NOTES:
1.VERTICAL SPACING MUST BE LARGEST AT
THE GROUND SURFACE AND SMALLEST AT
THE TOP OF THE FENCE TO ALLOW
PASSAGE OF SMALL WILDLIFE.
2.MINIMUM VERTICAL WIRE SPACING AT
THE BOTTOM OF THE FENCE SHALL BE 8".
3.DEPENDING ON SOILS, UTILIZE TREATED
WOODEN POSTS DRIVEN INTO THE SOIL
(TAPER GROUND END INTO POINT), AVOID
THE USE OF CONCRETE FOOTINGS.
SECTION A-A
PLAN
SECTION B-B
DIA.
2'
2'1
4
L
DI
A
.
B
B
AA
RIPRAP
NONWOVEN GEOTEXTILE FABRIC
RIPRAP
1.5' (30" AND LARGER PIPE)
1' (12"-27" DIA. PIPE)
1' (12"-27" DIA. PIPE)
1.5' (30" AND LARGER PIPE)
DIA. OF
PIPE (IN.)L (FT.)
48
15
42
36
30
24
18
12
20
8
10
12
14
18
16
8
ONE CUBIC YARD IS
APPROXIMATELY 1.4 TONS.
NOTE:
QUANTITY
(C.Y.)CLASS
>48 22-28 30-40
26
5
6
8
12
22
14
5
IV
IV
III
III
III
III
IV
III
III
MINIMUM RIPRAP REQUIRED
NONWOVEN GEOTEXTILE FABRIC
EXTEND 1' UNDER FES
TIE THE LAST 6 JOINTS ON INLET AND OUTLET PIPES
AND BED IN GRANULAR MATERIAL. ANY COVER LESS
THAN 2' OVER TOP OF PIPE SHALL BE GRANULAR
MATERIAL.
20'-0" MAX
BRACE BAR BRACE BAR
TIES MIN.
EVERY 12"
NOTES:
1.POST FOR ACCESS GATES OVER 6' WIDE
SHALL BE NPS 3-1/2" NOM. I.D. AASHTO
M181, 9.12 LBS./FT., 6' LENGTH.
2.FRAMES FOR ACCESS GATES SHALL BE: NPS
1-1/2" NOM. I.D. AASHTO M181, 2.72
LBS./FT.
3.GATES TO OPEN OUT AND HAVE POST FOR
SECURING IN THE OPEN POSITION.
4.ALL GATES SHALL HAVE A LOCKING AND
HOLDING MECHANISM.
5.CONTRACTOR TO PROVIDE KNOX BOX FOR
KEY ACCESS BY FIRST RESPONDERS AND
MAINTENANCE PERSONNEL.
6'-0"
3"
14" DIA.6"
36"
PLUNGER ROD OR OTHER
SECURITY CLOSURE DEVICE
3 8 " DI
A
T
R
U
S
S
ROD
,
(
T
Y
P
.
)
11.5 GA. STEEL,
CONFORM TO
MNDOT 3376.2
15' ACCESS ROAD
0.5%-2% ACCEPTABLE CROSS SLOPE
TENSAR BX 1100 GEOGRID
8" SURFACE AGGREGATE
(MNDOT CLASS 5 OR 6)
12"-14" SUB-GRADE COMPACTED
TO 95% STANDARD PROCTOR
NATIVE SUBSOIL
8" CONCRETE
MONOLITHIC SLAB
TRANSFORMERSWITCHGEAR
8'12'
63'
13'
TRANSFORMERSWITCHGEAR
5'
8'
CLASS 6 BASE MATERIAL
NOTES:
1.SUBBASE SHALL BE CLASS 6 MATERIAL
AND BACKFILLED IN LIFTS NO GREATER
THAN 10" AND COMPACTED TO A MINIMUM
OF 98% OF THE STANDARD PROCTOR
MAXIMUM DRY DENSITY.
2.GRAVEL PAD TO EXTEND A MIN. 3' BEYOND
CONCRETE PADS IN ALL DIRECTIONS AND
MEET EXISTING GRADES FLUSH. SLOPE
GRAVEL TO KEEP WATER DRAINING AWAY
FROM CONCRETE PADS.
3.CONCRETE SHALL MEET MNDOT MIX 3Y64
OR EQUIVALENT. CONTRACTOR SHALL BE
RESPONSIBLE FOR ALL COMPACTION AND
CONCRETE TESTING TO ENSURE
COMPLIANCE WITH DESIGN.
4.ALL ELECTRICAL CONNECTIONS, CONDUIT,
WINDOWS, METERS, TRANSFORMERS AND
OTHER ELECTRICAL EQUIPMENT SHALL BE
INSTALLED PER ELECTRICAL PLANS.
5.CONTRACTOR MAY USE ADDITIVES OR
POLYMERS (HIGH-EARLY, E.G.) TO
SHORTEN CURE TIME, BUT MUST ENSURE
FULL STRUCTURAL STRENGTH IS
MAINTAINED.
#6 REBAR @ 12"
O.C. E.W. 3" MIN.
C.C. (TYP)
2V:1H
NATIVE FILL24" MIN.
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
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A
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C
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Mi
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s
,
M
N
i
n
f
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@
p
l
a
n
-
t
y
p
e
.
c
o
m
06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SP105
SITE PLAN
DETAILS
ACCESS ROAD DETAILS
(1)
SECTION A-A
PLAN
PERIMETER FENCE
(2)
20' WIDE ACCESS GATE
(4)
RIP RAP DETAIL FOR FLARED END SECTIONS
(3)
CONCRETE PAD
(5)
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH (GRAVEL SURFACE)33
33
FOUND IRON WITH CAP #13590
LIES 0.3 FEET NORTH AND 0.2 FEET
WEST OF THE COMPUTED CORNER
FIBER MARKER
SHED17.5
157TH STREET NORTH (GRAVEL SURFACE)33
33
FIBER MARKER
S89°54'21"W 981.03
N89°55'34"E 878.75
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
100' SETBACK
100' SETBACK
100' SETBACK
100' SETBACK
30' XCEL EASEMENT,
15' AROUND
TRANSFORMER
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
WETLAND 2
WETLAND 4
WETLAND 4
12" CMP
INV ±934.2
12" CMP
33
33
SHED17.5
33
33
100' SETBACK
30' XCEL EASEMENT,
15' AROUND
TRANSFORMER
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
9
3
7
937
938
9
3
8
939
939
9
4
0
9
3
7
9
3
8
9
3
9
9
4
1
9
4
2
SHALLOW INFILTRATION
BASIN
TOP:936.0'
BOTTOM:934.0'
SEE LANDSCAPE PLANS FOR
MORE INFO
SHALLOW INFILTRATION
BASIN
TOP:936.0'
BOTTOM:935.0'
SEE LANDSCAPE PLANS FOR
MORE INFO
93
5
9
4
0
94
0
93
6
93
7
93
8
93
9
94
1
94
1
94
1
94
2
94
3
935
9
3
5
9
4
0
9
3
6
9
3
6
9
3
6
93
7
938
93
9
94
194
2
94
3
9
4
4
9
4
0
9
3
6
9
3
7
9
3
8
9
3
9
9
4
1
9
4
2
94
3
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
A
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&
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A
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A
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Mi
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M
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f
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@
p
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a
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-
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p
e
.
c
o
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06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SP201Know what's below.
before you dig.Call
R
0
SCALE: 1"=30'
3015 60
N
0
SCALE: 1"=80'
8040 160
GRADE
PLAN
0
SCALE: 1"=20'
2010 40
NORTH
SOUTH
NORTH
SOUTH
GENERAL SITE WORK NOTES
1.CONTRACTOR TO VERIFY THE LOCATION OF ALL UNDERGROUND UTILITIES PRIOR TO BEGGING ANY
CONSTRUCTION BY CALLING GOPHER STATE ONE-CALL (1-651-454-0002 FOR METRO AREA, 1-800-252-1166
OUT-STATE AREAS)
2.VERIFY HORIZONTAL LOCATION AND ELEVATION WHERE A CONNECTION TO EXISTING PAVEMENT, STRUCTURE,
PIPE OR OTHER SITE FEATURE IS TO BE MADE. THE CONTRACTOR SHALL IMMEDIATELY NOTIFY THE RELEVANT
PARTIES OF ANY DISCREPANCIES OR VARIATIONS FROM THE PLANS
3.REFERENCE TO MNDOT SPECIFICATIONS SHALL MEAN DIVISIONS II AND III OF THE 2020 SPECIFICATIONS FOR
CONSTRUCTION
4.CONTRACTOR SHALL BE RESPONSIBLE FOR OBTAINING AND APPROPRIATE ADDITIONAL PERMITS. THIS MAY
INCLUDE , DEWATERING, BURNING, GRADING OR OTHER ACTIVITIES.
GENERAL UTILITY NOTES
1.PRIOR TO CONSTRUCTION, THE CONTRACTOR SHALL FIELD VERIFY ALL EXISTING UTILITY LOCATIONS AND
INVERTS, SHOWN OR NOT SHOWN. ANY DISCREPANCY BETWEEN PLANS AND FIELD CONDITIONS SHALL BE
REPORTED TO THE RELEVANT PARTIES IMMEDIATELY.
2.ALL UTILITY WORK SHALL BE PERFORMED IN ACCORDANCE WITH WASHINGTON COUNTY AND THE CITY OF HUGO.
3.UTILITY TRENCHES SHALL BE COMPACTED TO 95% STANDARD PROCTOR MAXIMUM DRY DENSITY (ASTM D698.78
OR AASHTO T-99) FROM THE PIPE ZONE TO WITHIN THREE FEET OF THE GROUND SURFACE AND 100% STANDARD
PROCTOR IN THE UPPER THREE FEET UNDER WALKS AND PAVEMENTS, AND 90% STANDARD PROCTOR IN
LANDSCAPE AREAS.
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
FOUND IRON WITH CAP #13590
LIES 0.3 FEET NORTH AND 0.2 FEET
WEST OF THE COMPUTED CORNER
FIBER MARKER FIBER MARKER
SHED17.5
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
FIBER MARKER FIBER MARKER
S89°54'21"W 981.03
S0
°
2
1
'
1
7
"
W
1
3
2
1
.
6
4
N89°55'34"E 878.75
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
100' SETBACK
100' SETBACK
100' SETBACK
100' SETBACK
30' XCEL EASEMENT,
15' AROUND
TRANSFORMER
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
WETLAND 1
WETLAND 2
WETLAND 3
WETLAND 4
WETLAND 4
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
TOTAL PROPOSED
DISTURBED WETLAND
1,811 SF (WETLAND 2)
9
3
7
937
938
9
3
8
939
939
9
4
0
9
3
7
9
3
8
9
3
9
9
4
1
9
4
2
SHALLOW INFILTRATION
BASIN
TOP:936.0'
BOTTOM:935.0'
SEE LANDSCAPE PLANS FOR
MORE INFO
724 SF
DISTURBED
(WETLAND 2)
1,087 SF
DISTURBED
(WETLAND 2)
935
9
3
5
9
4
0
9
3
6
9
3
6
9
3
6
93
7
938
93
9
94
1
94
2
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
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N
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T
yp
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SI
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P
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A
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N
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&
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A
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D
S
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A
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Mi
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,
M
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f
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p
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-
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.
c
o
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06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SP202
Know what's below.
before you dig.Call
R N
0
SCALE: 1"=80'
8040 160
SITE
WETLAND
PLAN
0
SCALE: 1"=20'
2010 40
WETLAND 1 MAP
SOUTH
WETLAND 1 MAP
N
PID#: 15.031.21.22.0003
15880 Harrow Avenue North
TRS AGR Joseph & Barbara Wewers
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
S89°54'21"W 981.03
S0
°
2
1
'
1
7
"
W
1
3
2
1
.
6
4
N89°55'34"E 1308.63
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
FOUND IRON WITH CAP #13590
LIES 0.3 FEET NORTH AND 0.2 FEET
WEST OF THE COMPUTED CORNER
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
SOUTH LINE OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
EXCEPTION
FIBER MARKER FIBER MARKER
SO
U
T
H
L
I
N
E
O
F
N
W
1
/
4
S
E
C
.
1
5
,
TW
P
.
3
1
N
,
R
G
E
.
2
1
W
90°0'0"
PID#: 15.031.21.22.0003
15880 Harrow Avenue North
TRS AGR Joseph & Barbara Wewers
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
PID#: 15.031.21.21.0001
7776 157th Street North
John F. Lutz, et al
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
157TH STREET NORTH
HO
M
E
S
T
E
A
D
A
V
E
N
U
E
N
O
R
T
H
(GRAVEL SURFACE)33
33
33
33
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
SOUTH LINE OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
FIBER MARKER FIBER MARKER
SO
U
T
H
L
I
N
E
O
F
N
W
1
/
4
S
E
C
.
1
5
,
TW
P
.
3
1
N
,
R
G
E
.
2
1
W
S89°54'21"W 981.03
S0
°
2
1
'
1
7
"
W
1
3
2
1
.
6
4
N89°55'34"E 878.75
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
90°0'0"EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
SCARIFY MIN. OF 18"
BELOW BOTTOM OF
BASIN
SCARIFY MIN. OF 18"
BELOW BOTTOM OF
BASIN
BH (20)
NS (20)
BH (37)
NS (38)
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
PL
A
N
-
T
yp
e
SI
T
E
P
L
A
N
N
I
N
G
&
L
A
N
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S
C
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A
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C
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I
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T
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Mi
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a
p
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,
M
N
i
n
f
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@
p
l
a
n
-
t
y
p
e
.
c
o
m
06-30-2026Expiration:
NOT
F
O
R
CON
S
T
R
U
C
T
I
O
N
DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
L101Know what's below.
before you dig.Call
RN
0
SCALE: 1"=80'
8040 160
PROTECT MAIN LEADER,
REMOVE DEAD &
BROKEN BRANCHES
STAKE & GUY AS NEEDED
4" DEPTH MULCH, DO
NOT PLACE WITHIN 2"
OF TRUNK
EXPOSE ROOT FLARE,
SET AT FINISH GRADE
CUT & REMOVE ALL
TWINE, BURLAP & WIRE
BASKET, PLACE ON
UNDISTURBED SOIL
SUBGRADE
WRAP TREE, FALL
INSTALLATION ONLY
FINISH GRADE
LANDSCAPE NOTES:
·CONTRACTOR TO HAVE ALL UTILITIES ON SITE VERIFIED AND MARKED BEFORE STARTING WORK.
··CONTRACTOR IS LIABLE FOR ANY DAMAGE TO EXISTING UTILITIES ON SITE AND RESPONSIBLE FOR THE COSTS ASSOCIATED
WITH REPAIRING/REPLACING DAMAGE.
·CONTRACTOR IS LIABLE FOR ALL DAMAGE RELATED TO CONTRACTORS ACTIVITY ON SITE AND RESPONSIBLE FOR THE COSTS
ASSOCIATED WITH REPAIRING/REPLACING DAMAGE.
·OBTAIN ALL NECESSARY PERMITS FOR PLANTING IN ALL RIGHT-OF-WAY.
·COMPLETE WORK PER OWNERS CONSTRUCTION SCHEDULE AND COORDINATE WORK WITH OTHERS ON SITE.
·PLANT MATERIAL SHALL COMPLY WITH THE AMERICAN ASSOCIATION OF NURSERYMEN STANDARDS AND BE FREE OF DISEASE
AND DAMAGE.
··ALL PLANT MATERIALS TO BE WARRANTIED ONE (1) FULL YEAR FROM THE COMPLETION AND ACCEPTANCE BY OWNER, WITH
ONE TIME REPLACEMENT.
··WATER AND MAINTAIN ALL PLANT MATERIALS UNTIL ACCEPTED BY OWNER.
·IF THERE IS A DISCREPANCY BETWEEN THE QUANTITY OF PLANTS SHOW ON THE PLAN COMPARED TO THE PLANT LEGEND, THE
PLAN TAKES PRECEDENCE.
·REPLACEMENT TOPSOIL SHOULD BE CLEAN, FREE OF DEBRIS, SHARP OBJECTS, ROCKS AND WEEDS.
·ALL AREAS TO BE LANDSCAPED SHALL BE GRADED SMOOTH AND EVEN.
·MULCH TO BE FINELY SHREDDED, UNDYED, HARDWOOD ORGANIC MULCH INSTALLED TO 4" DEPTH.
··NO WEED FABRIC BARRIER BENEATH ORGANIC MULCHES.
··TREES SHALL HAVE MULCH PULLED BACK 2" FROM BASE OF TRUNK.
·SWEEP AND MAINTAIN ALL PAVEMENT AREAS AFTER LANDSCAPE INSTALLATION IS COMPLETE AND ACCEPTED BY OWNER, DAILY
CLEANING TO BE COMPLETED IF REQUIRED BY THE MUNICIPALITY.
SEED NOTES:
·SEEDING SHALL FOLLOW MNDOT SEEDING MANUAL.
·SEEDING TO TAKE PLACE AFTER ALL GRADING ACTIVITIES ARE COMPLETED ON SITE.
··SEED ALL DISTURBED AREAS.
·PREPARE FOR SEEDING IN ACCORDANCE WITH MNDOT SPEC. 2574.3.
·SPRING SEEDING TO BE BETWEEN APRIL 15TH - JULY 15TH. FALL SEEDING TO BE BETWEEN SEPTEMBER 15TH - OCTOBER 15TH.
·SEEDS TO BE SOWN WITH A BROADCAST SPREADER WHERE POSSIBLE.
·PROVIDE SEASONALLY APPROPRIATE COVER CROP WITH SEED MIXES.
··OATS (#30 LB/ACRE) - OCTOBER 15TH TO JULY 31ST.
··WINTER WHEAT (#50 LB/ACRE) - AUGUST 1ST TO OCTOBER 14TH.
·PROVIDE EROSION CONTROL BLANKET ON ALL SEEDED AREAS THAT ARE SLOPED ≥3:1. MULCH APPLICATION FOR ALL OTHER
SEEDED AREAS SHALL BE HYDROMULCH OR DISCED STRAW (TYPE 3) DEPENDING ON SEED TYPE.
·ACCEPTANCE BY OWNER UPON PROPER COVER CROP GERMINATION AND GROWTH.
·SEED ESTABLISHMENT PERIOD TO BE THREE (3) FULL YEARS FROM THE ACCEPTANCE BY OWNER.
··DURING SEED ESTABLISHMENT PERIOD MONITOR FOR AND CUT/TREAT NOXIOUS WEEDS.
··AFTER THE FIRST GROWING SEASON RESEED BARE SPOTS PER PLAN.
·MOW/CUT HEIGHT SHALL BE 6"-8".
··MOW/CUT ONCE A MONTH DURING THE FIRST GROWING SEASON UNTIL THE END OF SEPTEMBER.
··MOW /CUT MID JUNE AND MID AUGUST THE SECOND GROWING SEASON.
··MOW/CUT EARLY SPRING OR LATE FALL ANNUALLY AFTER THE SECOND GROWING SEASON.
EVERGREEN TREES
BH B&B 30'H x 20'W
BLACK HILLS SPRUCE
Picea glauca 4' HT57
NS B&B 60'H x 25'W
NORWAY SPRUCE
Picea abies 4' HT58
-- SY
---- SY
MNDOT SEED MIX 33-261 STORMWATER SOUTH & WEST (OR
APPROVED EQUAL).
MULCH - -- CY
LANDSCAPE
PLAN
SEED
MNDOT SEED MIX 38-641 - POLLINATOR PLOT SE (OR
APPROVED EQUAL).
TRS AGR Joseph & Barbara Wewers
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
33
33
FOUND IRON WITH CAP #13590
LIES 0.3 FEET NORTH AND 0.2 FEET
WEST OF THE COMPUTED CORNER
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
EXCEPTION
FIBER MARKER
90°0'0"
PID#: 10.031.21.34.0001
16011 Harrow Avenue North
Walter O. & Nancey J. Malmstrom
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
33
33
SW CORNER OF NE1/4 OF NW1/4
SEC. 15, TWP. 31N, RGE. 21W
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
FIBER MARKER
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
90°0'0"EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
9
3
7
937
938
9
3
8
939
939
9
4
0
9
3
7
9
3
8
9
3
9
9
4
1
9
4
2
93
5
9
4
0
94
0
9
4
0
94
0
93
6
9
3
6
93
7
9
3
7
9
3
8
93
8
93
9
9
3
9
94
1
94
1
9
4
1
94
1
94
1
94
2
9
4
2
94
2
94
3
94
3
94
3
944
94
4
9
3
5
935
9
4
0
9
3
6
9
3
6
9
3
6
93
7
93893
9
94
1
94
2
94
3
9
4
4
SILT FENCE
SILT FENCE
SILT FENCE
PROVIDE CONTINUOUS
TEMPORARY EROSION
CONTROL ON EXPOSED SOILS
BANKS. SEE LANDSCAPE
PLAN AND SWPP NOTES LONG
TERM PERMANENT EROSION
CONTROL.
TEMPORARY
STAGING/LAYDOWN
AREA (<10,000 SF)
FIBER ROLL
OUTLET
FLOW CHECK
PROVIDE CONTINUOUS
TEMPORARY EROSION
CONTROL ON EXPOSED SOILS
BANKS. SEE LANDSCAPE
PLAN AND SWPP NOTES LONG
TERM PERMANENT EROSION
CONTROL.
PROVIDE CONTINUOUS
TEMPORARY EROSION
CONTROL ON EXPOSED SOILS
BANKS. SEE LANDSCAPE PLAN
AND SWPP NOTES LONG TERM
PERMANENT EROSION
CONTROL.
SWPPP
MAILBOX
FIBER ROLL
OUTLET
FLOW CHECK
PORTABLE TOILET
TEMPORARY
CONCRETE WASHOUT AREA
SECURITY GATE
ROCK CONSTRUCTION
ENTRANCE
SILT FENCE
SILT FENCE
SILT FENCE
SILT FENCE
FUELING AREA
SILT FENCE
SILT FENCE PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
33
33
20 RODS (330 FEET)
12
R
O
D
S
(
1
9
8
F
E
E
T
)
EXCEPTION
FIBER MARKER
90°0'0"
PID#: 15.031.21.21.0002
7626 157th Street North
Randy R. Marsch
SHED17.5
12" CMP
INV ±934.2
12" CMP
INV ±932.9
33
33
20 RODS (330 FEET)
12
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(
1
9
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)
FIBER MARKER
N0
°
2
7
'
3
0
"
E
1
1
2
4
.
1
2
90°0'0"EXCEPTION
S89°54'21"W 328.09
20 RODS (330 FEET) DEED
N0
°
0
5
'
3
9
"
W
1
9
8
.
0
0
9
3
7
937
938
9
3
8
939
939
9
4
0
9
3
7
9
3
8
9
3
9
9
4
1
9
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93
5
9
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94
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93
6
93
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94
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4
SILT FENCE
TEMPORARY
STAGING/LAYDOWN
AREA (<10,000 SF)
FIBER ROLL
OUTLET
FLOW CHECK
PROVIDE CONTINUOUS
TEMPORARY EROSION
CONTROL ON EXPOSED SOILS
BANKS. SEE LANDSCAPE
PLAN AND SWPP NOTES LONG
TERM PERMANENT EROSION
CONTROL.
PROVIDE CONTINUOUS
TEMPORARY EROSION
CONTROL ON EXPOSED SOILS
BANKS. SEE LANDSCAPE PLAN
AND SWPP NOTES LONG TERM
PERMANENT EROSION
CONTROL.
SWPPP
MAILBOX
FIBER ROLL
OUTLET
FLOW CHECK
PORTABLE TOILET
TEMPORARY
CONCRETE WASHOUT AREA
SECURITY GATE
ROCK CONSTRUCTION
ENTRANCE
SILT FENCE
SILT FENCE
SILT FENCE
SILT FENCE
FUELING AREA
SILT FENCE
SILT FENCE
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
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06-30-2026Expiration:
NOT
F
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CON
S
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DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SWP101Know what's below.
before you dig.Call
RN
0
SCALE: 1"=80'
8040 160
PROJECT DATA
SITE AREA
DISTURBED AREA
APPROXIMATE AREA OF LAND DISTURBANCE
SURFACE SOIL TYPE
GROUND WATER DEPTH
DOWN-STREAM TRIBUTARY
START DATE
END/COMPLETION DATE
JASON BREILAND
CEDAR CREEK ENERGY
3155 104TH LN NE BLAINE
MN 55449
763-432-5261
--SF
--SF
--%
HSG A
(SEE GEOTECH REPORT)
RICE CREEK WATERSHED
(HARDWOOD CREEK)
SEPT. 2024
SEPT. 2025
SWPPP INSTALLER CERTIFICATION
I CERTIFY THAT I HAVE COMPLETED THE
INSTALLER EROSION AND STORMWATER
MANAGEMENT CERTIFICATION PROGRAM
SIGNED
EXPIRATION:
SWPPP INSPECTOR CERTIFICATION
I CERTIFY THAT I HAVE COMPLETED THE
INSTALLER EROSION AND STORMWATER
MANAGEMENT CERTIFICATION PROGRAM
SIGNED
EXPIRATION:
EROSION CONTROL QUANTITIES (ESTIMATED)
SILT FENCE
SILT SACKS
EROSION CONTROL BLANKET
FIBER ROLL
ROCK FILTER DIKES
RIP-RAP
ROCK CONST ENTRANCE
·QUANTITIES SUBJECT TO CHANGE, NOTE ANY CHANGES TO
EROSION CONTROL PLAN DURING CONSTRUCTION ON PLAN.
--- LF
0 (total structures)
--- SY
-- LF
- LF
- CY
13.5 CY
GENERAL NOTES
·CONTRACTOR TO INSTALL SILT FENCE AND HAVE IT
INSPECTED/APPROVED BEFORE ANY WORK IS TO BEGIN ON SITE.
·CONTRACTOR TO CONSTRUCT AND IMPLEMENT EROSION
CONTROL MEASURES IN COMPLIANCE WITH SPECIFIED
STANDARDS AND ALL APPLICABLE GOVERNING BODIES (CITY,
STATE, DNR, ETC.)
·EROSION CONTROL MEASURES TO BE IN PLACE AT ALL TIMES
DURING THE CONSTRUCTION PROCESS. WHEN EROSION
CONTROL MEASURES ARE REMOVED FOR WORK IN THE VICINITY
OR ACCESS, THEY ARE TO BE REINSTALLED UPON COMPLETION OF
THE WORK. ALL EROSION CONTROL MEASURES TO BE IN PLACE
AT THE END OF EVERY WORK DAY.
·REFER TO ADDITIONAL STORM WATER PROTECTION SHEETS AND
ATTACHMENTS FOR MORE INFORMATION.
CONSTRUCTION SCHEDULE
·INSTALL INITIAL EROSION CONTROL MEASURES
·INSTALL STORMWATER MANAGEMENT POND/SEDIMENT BASINS
(IF APPLICABLE)
·INSTALL STORM SEWER LINES AND STRUCTURES
·INSTALL OTHER UTILITIES (WATER, GAS, ELECTRIC, FIBER, ETC.)
·INSTALL HARDSCAPE PAVEMENTS
·INSTALL GREENSCAPES/LANDSCAPE
·CLEAN STORM LINES OF CONSTRUCTION DEBRIS AND FLUSH
SEDIMENT
·REMOVE CONSTRUCTION EROSION CONTROL MEASURES ONCE ALL
HARDSCAPES HAVE BEEN INSTALLED AND ALL GREENSCAPES
HAVE STABILIZED
EROSION
CONTROL
PLAN
DOUBLE NET STRAW
EROSION CONTROL BLANKET
ON ALL SLOPES ≥3:1
SWPPP DESIGN CERTIFICATION
I, JOSHUA WILDT, CERTIFY THAT I HAVE
COMPLETED THE DESIGNER EROSION AND
STORMWATER MANAGEMENT CERTIFICATION
PROGRAM
SIGNED
EXPIRATION: 05-31-2028
SITE DRAINS TO HARDWOOD CREEK
RECEIVING WATER BODY: HARDWOOD CREEK
LOCATION: <1,000 FEET NORTHWEST OF SITE
80 SCALE PLAN 40 SCALE PLAN
0
SCALE: 1"=40'
4020 80
50'-0" MIN.
LENGTH OF ENTRANCE MAY BE INCREASED IF
SEDIMENT TRACK-OUT OCCURS.
20'-0" MIN.
10'-0" MIN.
6" MIN. DEPTH 3"-6"
WASHED ROCK W/
MNDOT SPEC 3733 TYPE
5 FABRIC UNDERLAY
CULVERT PIPE (IF NECESSARY)
PUBL
I
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R
O
A
D
W
A
Y
18" MIN. DEPTH
RUNOFF BERM
1:1
APPROACH
FLARE
COMPACT SOIL AROUND FENCE
POST
LAY FABRIC IN TRENCH
·ANCHOR FABRIC WITH
BACKFILLED & TAMPED SOIL
GEOTEXTILE FABRIC
·OVERLAP FABRIC 6"
·FASTEN 24" O.C. WITH LATH AND
STAPLES
·REINFORCE WITH CHAINLINK
FENCE OR EQUIVALENT WHEN
HEAVY DUTY SILT FENCE IS
REQUIRED
1.5"x1.5" WOOD OR STEEL FENCE POST
·48" MINIMUM POST HEIGHT
·10' MAXIMUM SPACING
SLOPE DIRECTION
36" MIN. HEIGHT
12" MIN. DEPTH 6" MIN.
6" MIN.
SLOPE DIRECTION
WOOD STAKE
24" MIN.
TOP OF EROSION CONTROL BLANKET
STAKE TO PENETRATE NETTING
ONLY, NOT FIBER MATERIAL
FIBER ROLL STAKING SECTION
OVER EROSION CONTROL BLANKET
SLOPE DIRECTION
WOOD STAKE
24" MIN.
TOP OF EROSION CONTROL BLANKET
STAKE TO PENETRATE NETTING
ONLY, NOT FIBER MATERIAL
FIBER ROLL STAKING SECTION
OVER BARE SOIL
FIBER LOG
WOOD STAKE
SEE SECTION DETAILS
EROSION CONTROL BLANKET
SURFACE FLOW ANCHOR TRENCH
(FOR BLANKET LENGTHS EXCEEDING 100')
DIG 6" X 6" TRENCH
LAY BLANKET IN TRENCH
STAPLE AT 1'-0" INTERVALS
BACKFILL WITH COMPACTED SOIL
END SPLICE
6" MIN. OVERLAP
ANCHOR 1'-6" O.C.
EDGE LAP
4" MIN. OVERLAP
ANCHOR 4'-0" O.C.
6" MIN.
6" MIN.
STAPLE PER MANUFACTURER SPECIFICATIONS
USE 8" MIN. U-SHAPED STAPLES UNLESS OTHERWISE SPECIFIED
ANCHOR TRENCH
SEE SECTION DETAIL
1'-0" MIN.
SECTION VIEW
PLAN VIEW
EXISTING GRADE
CONCRETE WASHOUT AREA INSTALLATION NOTES
·SEE EROSION CONTROL PLAN FOR LOCATIONS OF CONCRETE WASHOUT AREA(S). WASHOUT TO BE PLACED A MIN. OF
50' FROM WETLANDS, BODIES OF WATER, DRAINAGEWAYS & STORM SEWER.
·THE CONCRETE WASHOUT AREA SHALL BE INSTALLED PRIOR TO ANY CONCRETE PLACEMENT ON SITE.
·VEHICLE TRACKING CONTROL PAD IS REQUIRED AT THE ACCESS POINT.
·SIGNS SHALL BE PLACED AT THE CONSTRUCTION ENTRANCE AND AT THE WASHOUT AREA TO CLEARLY INDICATE THE
LOCATION OF THE CONCRETE WASHOUT AREA TO CONTRACTORS.
·EXCAVATED MATERIAL SHALL BE UTILIZED IN PERIMETER BERM CONSTRUCTION.
CONCRETE WASHOUT AREA MAINTENANCE NOTES
·REPAIR AND CLEAN OUT AS NECESSARY TO MAINTAIN CAPACITY FOR WASTED CONCRETE
·ALL CONCRETE SHALL BE REMOVED FROM SITE AND DISPOSED OF AT AN APPROVED WASTE SITE AT THE END OF
CONSTRUCTION.
·UPON REMOVAL THE DISTURBED AREA SHALL BE STABILIZED WITH SITE EROSION CONTROL MEASURES.
·INSPECT WEEKLY AND DURING AND AFTER ALL STORM EVENTS. CLEAN-OUT OR COVER WASHOUT AREA PRIOR TO
PREDICTED STORM EVENTS TO PREVENT OVER-FLOW.
8'-0" x 8'-0" MIN.3:1 MAX
SIDE SLOPE
WASHOUT SIGNAGE
VEHICLE
TRACKING
PAD
TOP OF EMBANKMENT
3:1 MAX SIDE SLOPE
1'-0" MIN.
1'-0" MIN
2'-0" MIN.
8'-0" x 8'-0" MIN.
ENLARGE CONTAINMENT AREA IF
NEEDED
IMPERMEABLE LINER
10 MIL. PLASTIC/RUBBER OR ENGINEERED CLAY
COMPACTED EMBANKMENT
TOP OF EMBANKMENT
COMPACTED EMBANKMENT
(MATERIAL FROM SITE)
EXISTING GRADE
PLAN VIEW
SECTION VIEW
DEWATERING BAG NOTES:
WASHOUT TO BE PLACED A MIN. OF 50' FROM WETLANDS, BODIES OF WATER,
DRAINAGEWAYS & STORM SEWER.
OBTAIN DEWATERING PERMIT, IF REQUIRED, BEFORE ANY DEWATERING
DISCHARGES FROM THE SITE. DEWATER IN ACCORDANCE WITH THE PERMIT.
DEWATERING BAG
STAKE & BURY
FIBER ROLL AND
SURROUND WITH
ROCK FILTER DIKE
PLACE BAG ON
CLEAN ROCK BED
PUMP INLET
FILTERED WATER OUTFLOW
EXISTING GRADE
STAKE & BURY FIBER ROLL
FILTERED WATER OUTFLOW
FILTERED WATER OUTFLOW
FILTERED WATER OUTFLOW
PLAN VIEW
SECTION VIEW
ROCK CONSTRUCTION ENTRANCE
1
SILT FENCE
2
FIBER ROLL
3
EROSION CONTROL BLANKET
4
CONCRETE WASHOUT
5
SILT SACK
6
DEWATERING BAG
7
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
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06-30-2026Expiration:
NOT
F
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CON
S
T
R
U
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T
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DRAWN BY
PROJECT MANAGER
LOUIE
J + L
05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SWP102
EROSION
CONTROL
DETAILS
STABILIZATION TIME FRAME
LAST 200 LINEAL FEET OF DRAINAGE DITCH OR SWALE: WITHIN 24 HOURS OF CONNECTION TO
SURFACE WATER OR PROPERTY EDGE. SEE NOTES: 1, 2, 3.
REMAINING PORTIONS OF DRAINAGE DITCH OR SWALE: WITHIN 14/7 DAYS. SEE NOTES 1 & 3.
PIPE AND CULVERT OUTLETS: WITHIN 24 HOURS
STOCKPILES: WITHIN 14/7 DAYS. SEE NOTE 1.
1. INITIATE STABILIZATION IMMEDIATELY WHEN CONSTRUCTION HAS TEMPORARILY OR
PERMANENTLY CEASED ON ANY PORTION OF THE SITE. COMPLETE STABILIZATION WITHIN THE
TIME FRAME LISTED. IN MANY INSTANCES THIS WILL REQUIRE STABILIZATION TO OCCUR MORE
THAN ONCE DURING THE COURSE OF THE PROJECT. TEMPORARY SOIL STOCKPILES WITHOUT
SIGNIFICANT CLAY OR SILT AND STOCKPILED AND CONSTRUCTED ROAD BASE ARE EXEMPT FROM
THE STABILIZATION REQUIREMENT.
2. STABILIZE WETTED PERIMETER OF DITCH (I.E. WHERE THE DITCH GETS WET).
3. APPLICATION OF MULCH, HYDROMULCH, TACKIFIER AND POLYACRYLAMIDE ARE NOT
ACCEPTABLE STABILIZATION METHODS IN THESE AREAS.
4. STABILIZE ALL AREAS OF THE SITE PRIOR TO THE ONSET OF WINTER. ANY WORK STILL BEING
PERFORMED WILL BE SNOW MULCHED, SEEDED, AND BLANKETED WITHIN THE TIME FRAMES IN
THE NPDES PERMIT.
5. TOPSOIL BERMS MUST BE STABILIZED IN ORDER TO BE CONSIDERED PERIMETER CONTROL
BMPS. USE RAPID STABILIZATION METHOD 2, 3, OR 4 AS DIRECTED BY THE ENGINEER. THE SEED
MIX USED IN THE RAPID STABILIZATION MAY BE SUBSTITUTED AS FOLLOWS:
A. SINGLE YEAR CONSTRUCTION BETWEEN MAY 1-AUGUST 1, SEED WITH SEED MIXTURE 21-111
B. SINGLE YEAR CONSTRUCTION BETWEEN AUGUST 1 AND OCTOBER 31, SEED WITH SEED
MIXTURE 21-112
C. MULTI YEAR CONSTRUCTION 22-111
6. KEEP DITCHES AND EXPOSED SOILS IN AN EVEN ROUGH GRADED CONDITION IN ORDER TO BE
ABLE TO APPLY EROSION CONTROL MULCHES, HYDROMULCHES AND BLANKETS.
GENERAL SWPPP NOTES FOR CONSTRUCTION ACTIVITY
1. AMMEND THE SWPPP AND DOCUMENT ANY AND ALL CHANGES TO THE SWPPP AND ASSOCIATED
PLAN SHEETS IN A TIMELY MANNER. STORE THE SWPPP AND ALL AMENDMENTS ON SITE AT ALL
TIMES.
2. PREPARE AND SUBMIT A SITE MANAGEMENT PLAN FOR THE ENGINEER'S ACCEPTANCE FOR
CONCRETE MANAGEMENT, CONCRETE SLURRY APPLICATION AREAS, WORK IN AND NEAR AREAS OF
ENVIRONMENTAL SENSITIVITY, AREAS IDENTIFIED IN THE PLANS AS "SITE MANAGEMENT PLAN
AREA", ANY WORK THAT WILL REQUIRE DEWATERING, AND AS REQUESTED BY THE ENGINEER.
SUBMIT ALL SITE MANAGEMENT PLANS TO THE ENGINEER IN WRITING. ALLOW A MINIMUM OF 7
DAYS FOR MNDOT TO REVIEW AND ACCEPT SITE MANAGEMENT PLAN SUBMITTALS. WORK WILL
NOT BE ALLOWED TO COMMENCE IF A SITE MANAGEMENT PLAN IS REQUIRED UNTIL ACCEPTANCE
HAS BEEN GRANTED BY THE ENGINEER. THERE WILL BE NO EXTRA TIME ADDED TO THE CONTRACT
DUE TO THE UNTIMELY SUBMITTAL.
3. IT IS THE DESIGNER'S INTENT THAT THE CONTRACTOR BUILD PONDS AND INSTALL EROSION
CONTROL BMPS BEFORE PUTTING THEM INTO ACTIVE SERVICE TO THE MAXIMUM EXTENT
PRACTICABLE.
4. BURNING OF ANY MATERIAL IS NOT ALLOWED WITHIN PROJECT BOUNDARY.
5. DO NOT DISTURB AREAS OUTSIDE OF THE CONSTRUCTION LIMITS. DELINEATE AREAS NOT TO
BE DISTURBED PRIOR TO STARTING GROUND DISTURBING ACTIVITIES. IF IT BECOMES
NECESSARY TO DISTURB AREAS OUTSIDE OF THE CONSTRUCTION LIMITS OBTAIN WRITTEN
PERMISSION FROM THE PROJECT ENGINEER PRIOR TO PROCEEDING. PRESERVE ALL NATURAL
BUFFERS SHOWN ON THE PLANS.
6. ROUTE STORMWATER AROUND UNSTABILIZED AREAS OF THE SITE WHENEVER FEASIBLE.
PROVIDE EROSION CONTROL AND VELOCITY DISSIPATION DEVICES AS NEEDED TO KEEP
CHANNELS FROM ERODING AND TO PREVENT NUISANCE CONDITIONS AT THE OUTLET.
7. DIRECT DISCHARGES FROM BMPS TO VEGETATED AREAS WHENEVER FEASIBLE. PROVIDE
VELOCITY DISSIPATION DEVICES AS NEEDED TO PREVENT EROSION.
8. THE EROSION PREVENTION AND SEDIMENT CONTROL BMPS SHALL BE PLACED AS NECESSARY
TO MINIMIZE EROSION FROM DISTURBED SURFACES AND TO CAPTURE SEDIMENT ON SITE. ALL
EROSION CONTROL MEASURES SHALL BE IN PLACE PRIOR TO COMMENCEMENT OF ANY REMOVAL
WORK AND/OR GROUND DISTURBING ACTIVITIES COMMENCE.
9. ESTABLISH SEDIMENT CONTROL DEVICES ON ALL DOWN GRADIENT PERIMETERS AND UP
GRADIENT OF ANY BUFFER ZONES BEFORE ANY UP GRADIENT LAND DISTURBING ACTIVITIES
BEGIN. MAINTAIN SEDIMENT CONTROL DEVICES UNTIL CONSTRUCTION IS COMPLETE AND THE
SITE IS STABILIZED.
10. LOCATE PERIMETER CONTROL ON THE CONTOUR TO CAPTURE OVERLAND, LOW- VELOCITY
SHEET FLOWS DOWN GRADIENT OF ALL EXPOSED SOILS AND PRIOR TO DISCHARGING TO
SURFACE WATERS. PLACE J-HOOKS AT A MAXIMUM OF 100 FOOT INTERVALS.
11. PROVIDE PERIMETER CONTROL AROUND ALL STOCKPILES. PLACE BMP A MINIMUM 5 FEET FROM
THE TOE OF SLOPE WHERE FEASIBLE. DO NOT PLACE STOCKPILES IN NATURAL BUFFER AREAS,
SURFACE WATERS OR STORMWATER CONVEYANCES.
12. FLOATING SILT CURTAIN IS ALLOWED AS PERIMETER CONTROL FOR IN WATER WORK ONLY.
INSTALL THE FLOATING SILT CURTAIN AS CLOSE TO SHORE AS POSSIBLE. PLACE PERIMETER
CONTROL BMP ON LAND IMMEDIATELY AFTER THE IN WATER WORK IS COMPLETED.
13. DITCH CHECKS WILL BE PLACED AS INDICATED ON THE PLANS DURING ALL PHASES OF
CONSTRUCTION.
14. PROTECT STORM SEWER INLETS AT ALL TIMES WITH THE APPROPRIATE INLET PROTECTION
FOR EACH SPECIFIC PHASE OF CONSTRUCTION. PROVIDE INLET PROTECTION DEVICES WITH
EMERGENCY OVERFLOW CAPABILITIES. SILT FENCE PLACED IN THE INLET GRATE IS NOT AN
ACCEPTABLE INLET PROTECTION BMP FOR GRADING OPERATIONS. SILT FENCE PLACED IN THE
GRATE IS ONLY ALLOWED FOR SHORT INTERVALS DURING MILLING OR PAVING OPERATIONS.
INLET PROTECTION DEVICES MAY NEED TO BE PLACED MULTIPLE TIMES IN THE SAME LOCATION
OVER THE LIFE OF THE CONTRACT. INLET PROTECTION DEVICES WILL BE PAID FOR ONCE PER
INLET REGARDLESS OF THE NUMBER OF TIMES THE BMP IS PLACED. KEEP ALL STORM SEWER
INLET PROTECTION DEVICES IN GOOD FUNCTIONAL CONDITION AT ALL TIMES. REPLACE INLET
PROTECTION DEVICE WITH A SUITABLE ALTERNATIVE IF THE PROJECT ENGINEER DEEMS AN INLET
PROTECTION DEVICE TO BE NONFUNCTIONAL, IN POOR CONDITION, INEFFECTIVE, OR NOT
APPROPRIATE FOR THE CURRENT CONSTRUCTION ACTIVITIES. THERE WILL BE NO COST TO
MNDOT FOR REPLACEMENT OF INLET PROTECTION DEVICES.
15. PLACE CONSTRUCTION EXITS, AS NECESSARY, TO PREVENT TRACKING OF SEDIMENT ONTO
PAVED SURFACES BOTH ON AND OFF THE PROJECT SITE. PROVIDE CONSTRUCTION EXITS OF
SUFFICIENT SIZE TO PREVENT TRACK OUT. MAINTAIN CONSTRUCTION EXITS WHEN EVIDENCE OF
TRACKING IS DISCOVERED. REGULAR STREET SWEEPING IS NOT AN ACCEPTABLE ALTERNATIVE TO
PROPER CONSTRUCTION EXIT INSTALLATION AND MAINTENANCE.
16. DISCHARGE TURBID OR SEDIMENT LADEN WATER TO TEMPORARY SEDIMENT BASINS
WHENEVER FEASIBLE. IN THE EVENT THAT IT IS NOT FEASIBLE TO DISCHARGE THE SEDIMENT
LADEN WATER TO A TEMPORARY SEDIMENT BASIN, THE WATER MUST BE TREATED SO THAT IT
DOES NOT CAUSE A NUISANCE CONDITION IN THE RECEIVING WATERS OR TO DOWNSTREAM
LANDOWNERS. CLEAN OUT ALL PERMANENT STORMWATER BASINS REGARDLESS OF WHETHER
USED AS TEMPORARY SEDIMENT BASINS OR TEMPORARY SEDIMENT TRAPS TO THE DESIGN
CAPACITY AFTER ALL UP GRADIENT LAND DISTURBING ACTIVITY IS COMPLETED.
17. PROVIDE SCOUR PROTECTION AT ANY OUTFALL OF DEWATERING ACTIVITIES.
18. PROVIDE STABILIZATION IN ANY TRENCHES CUT FOR DEWATERING OR SITE DRAINING
PURPOSES.
POLLUTION PREVENTION
1. PROVIDE A SPILL KIT AT EACH WORK LOCATION ON THE SITE.
2. STORE ALL BUILDING MATERIALS THAT HAVE THE POTENTIAL TO LEACH POLLUTANTS,
PESTICIDES, HERBICIDES,
INSECTICIDES, FERTILIZERS, TREATMENT CHEMICALS, AND LANDSCAPE MATERIALS UNDER COVER
AND WITH SECONDARY CONTAINMENT.
3. PROVIDE A SECURE STORAGE AREA WITH RESTRICTED ACCESS FOR ALL HAZARDOUS
MATERIALS AND TOXIC WASTE. RETURN ALL HAZARDOUS MATERIALS AND TOXIC WASTE TO THE
DESIGNATED STORAGE AREA AT THE END OF THE BUSINESS DAY UNLESS INFEASIBLE. STORE ALL
HAZARDOUS MATERIALS AND TOXIC WASTE (INCLUDING BUT NOT LIMITED TO OIL, DIESEL FUEL,
GASOLINE, HYDRAULIC FLUIDS, PAINT, PETROLEUM BASED PRODUCTS, WOOD PRESERVATIVES,
ADDITIVES, CURING COMPOUNDS, AND ACIDS IN SEALED CONTAINERS WITH SECONDARY
CONTAINMENT. CLEAN UP SPILLS IMMEDIATELY.
4. STORE, COLLECT AND DISPOSE OF ALL SOLID WASTE.
5. POSITION ALL PORTABLE TOILETS SO THAT THEY ARE SECURE AND CANNOT BE TIPPED OR
KNOCKED OVER. PROPERLY
DISPOSE OF ALL SANITARY WASTE.
6. FUEL AND MAINTAIN VEHICLES IN A DESIGNATED CONTAINED AREA WHENEVER FEASIBLE. USE
DRIP PANS OR ABSORBENT MATERIALS TO PREVENT SPILLS OR LEAKED CHEMICALS FROM
DISCHARGING TO SURFACE WATER OR STORMWATER CONVEYANCES. PROVIDE A SPILL KIT AT
EACH LOCATION THAT VEHICLES AND EQUIPMENT ARE FUELED OR MAINTAINED AT.
7. LIMIT VEHICLE AND EQUIPMENT WASHING TO A DEFINED AREA OF THE SITE. CONTAIN RUNOFF
FROM THE WASHING AREA TO A TEMPORARY SEDIMENT BASIN OR OTHER EFFECTIVE CONTROL.
PROPERLY DISPOSE OF ALL WASTE GENERATED BY VEHICLE AND EQUIPMENT WASHING. ENGINE
DEGREASING IS NOT ALLOWED ON THE SITE.
8. PROVIDE EFFECTIVE CONTAINMENT FOR ALL LIQUID AND SOLID WASTES GENERATED BY
WASHOUT OF CONCRETE, STUCCO, PAINT, FORM RELEASE OILS, CURING COMPOUNDS AND OTHER
CONSTRUCTION MATERIALS. LIQUID AND SOLID WASHOUT WASTES MUST NOT CONTACT THE
GROUND. DESIGN THE CONTAINMENT SO THAT IT DOES NOT RESULT IN RUNOFF FROM THE
WASHOUT OPERATIONS OR CONTAINMENT AREA.
9. CREATE AND FOLLOW A WRITTEN DISPOSAL PLAN FOR ALL WASTE MATERIALS. INCLUDE IN THE
PLAN HOW THE MATERIAL WILL BE DISPOSED OF AND THE LOCATION OF THE DISPOSAL SITE.
SUBMIT PLAN TO THE ENGINEER.
10. USE METHODS AND OPERATIONAL PROCEDURES THAT PREVENT DISCHARGE OR PLACEMENT
OF BITUMINOUS GRINDINGS, CUTTINGS, MILLINGS, AND OTHER BITUMINOUS WASTES FROM
AREAS OF EXISTING OR FUTURE VEGETATED SOILS AND FROM ALL WATER CONVEYANCE SYSTEMS,
INCLUDING INLETS, DITCHES AND CURB FLOW LINES.
11. USE METHODS AND OPERATIONAL PROCEDURES THAT PREVENT CONCRETE DUST, PARTICLES,
CONCRETE WASH OUT, AND OTHER CONCRETE WASTES FROM LEAVING RIGHT OF WAY,
DEPOSITING IN EXISTING OR FUTURE VEGETATED AREAS, AND FROM ENTERING STORMWATER
CONVEYANCE SYSTEMS, INCLUDING INLETS, DITCHES AND CURB FLOW LINES. USE METHODS AND
OPERATIONAL PROCEDURES THAT PREVENT SAW CUT SLURRY AND PLANING WASTE FROM
LEAVING RIGHT OF WAY AND FROM ENTERING STORMWATER CONVEYANCE SYSTEMS INCLUDING
DITCHES AND CULVERTS.
WATER RESOURCE NOTES
1. THE SIZE AND ELEVATION OF CULVERTS, STORM SEWER PIPES, CATCH BASINS, PONDS,
INFILTRATION/FILTRATION BASINS, PERMEABLE DITCH BLOCKS AND OVERFLOW DEVICES HAVE
BEEN SPECIFICALLY DESIGNED TO CONFORM TO MNDOT DESIGN STANDARDS, MINNESOTA
POLLUTION CONTROL AGENCY AND WATERSHED DISTRICT PERMIT REQUIREMENTS. THE DESIGN
COMPUTATIONS ARE ON FILE WITH MNDOT METRO WATER RESOURCES. CHANGING THESE ITEMS
OR THE DIRECTION OF FLOW FROM WHAT IS SHOWN ON THE PLANS MAY CAUSE PROBLEMS OFF
THE PROJECT AND COULD MEAN THE PROJECT IS OUT OF COMPLIANCE WITH APPROVED DRAINAGE
PERMITS. ANY CHANGES TO THE SIZE, ELEVATION OR DIRECTION OF FLOW OF THE DRAINAGE
SYSTEM MUST BE APPROVED BY THE METRO WATER RESOURCES DESIGNER.
2. SUBSOIL ALL DISTURBED GREEN SPACES EXCEPT AS LISTED IN 2574.3A.2.
3. PERFORM POST INSTALLATION MANDREL TESTING OF ALL PLASTIC PIPE.
4. ANY SUBSURFACE DRAINAGE TILES DAMAGED DURING CONSTRUCTION SHALL BE REPAIRED,
REPLACED OR REROUTED, AND CONNECTED TO THE EXISTING TILE OR DRAINAGE SYSTEM TO
ENSURE THAT EXISTING UPLAND DRAINAGE IS PERPETUATED. THIS SHOULD BE DONE TO THE
APPROVAL AND SATISFACTION OF THE ENGINEER.
5. TEMPORARY DEWATERING ACTIVITIES MAY BE REQUIRED FOR ROADWAY CONSTRUCTION AND
UTILITY WORK. THEREFORE IT IS POSSIBLE THAT A PERMIT FOR THE TEMPORARY APPROPRIATION
OF WATERS OF THE STATE, NON-IRRIGATION FROM MNDNR WILL BE REQUIRED FOR THIS
PROJECT. THE CONTRACTOR IS RESPONSIBLE FOR OBTAINING THIS PERMIT PRIOR TO
COMMENCING DEWATERING ACTIVITIES. ALL TEMPORARY DEWATERING SHALL BE DISCHARGED
TO AN APPROVED LOCATION FOR TREATMENT PRIOR TO DISCHARGE TO THE RECEIVING WATER.
SUBMIT A SITE MANAGEMENT PLAN TO THE ENGINEER FOR APPROVAL PRIOR TO COMMENCING
WORK.
POND CONSTRUCTION NOTES
1. DO NOT STOCKPILE MATERIALS OR PARK EQUIPMENT OR VEHICLES IN A CONSTRUCTED POND.
2. WET PONDS MAY BE USED AS TEMPORARY SEDIMENT TRAPS OR TEMPORARY SEDIMENT BASINS.
CLEAN OUT ALL PERMANENT STORMWATER BASINS TO THE DESIGN CAPACITY AFTER ALL UP
GRADIENT LAND DISTURBING ACTIVITY IS COMPLETED REGARDLESS OF WHETHER USED AS
TEMPORARY SEDIMENT BASINS OR TEMPORARY SEDIMENT TRAPS.
3. THE CONTRACTOR MAY NOT DRIVE ANY EQUIPMENT ON FINISHED POND BOTTOMS OR POND
CORNERS. IF DISTURBED, POND BOTTOM AND POND CORNERS MUST BE RESTORED TO
PRE-EXISTING CONDITIONS WITHIN 24 HOURS. ANY RUTS OR DAMAGED TURF THAT COULD
CREATE SEDIMENT DISCHARGE TO POND BOTTOMS MUST BE REPAIRED WITHIN 24 HOURS.
INFILTRATION CONSTRUCTION NOTES
1. DO NOT STOCKPILE MATERIALS OR PARK EQUIPMENT OR VEHICLES IN A PROPOSED OR
CONSTRUCTED INFILTRATION AREA. STAKE OFF OR OTHERWISE MARK OFF INFILTRATION AREAS
TO PREVENT HEAVY CONSTRUCTION VEHICLES AND EQUIPMENT FROM DRIVING THROUGH.
2. DO NOT FULLY EXCAVATE INFILTRATION BASINS UNTIL ALL UP GRADIENT LAND DISTURBANCE
ACTIVITY HAS BEEN
COMPLETED AND THE DRAINAGE AREA HAS BEEN STABILIZED. PROVIDE RIGOROUS EROSION
PREVENTION AND SEDIMENT CONTROL BMPS, INCLUDING MAINTENANCE OF THEM, IF THE
INFILTRATION AREA MUST BE COMPLETELY EXCAVATED PRIOR TO COMPLETION OF GROUND
DISTURBING ACTIVITIES.
3. INSTALL SEDIMENT CONTROL BMPS AT THE TOE OF THE ADJACENT SLOPE IMMEDIATELY AFTER
PLACEMENT OF AMENDED TOPSOIL.
4. SUBMIT A SITE MANAGEMENT PLAN TO THE ENGINEER FOR THE CONSTRUCTION OF
INFILTRATION AREAS.
5. STABILIZE SIDE SLOPES PRIOR TO PLACING ANY AMENDED TOPSOIL IN THE BOTTOM OF THE
INFILTRATION AREA.
6. DO NOT DRAIN TURBID OR SEDIMENT LADEN WATER TO THE INFILTRATION AREA.
7. USE ONLY LOW IMPACT TRACKED VEHICLES WITHIN INFILTRATION AREAS.
8. THE CONTRACTOR MAY NOT DRIVE ANY EQUIPMENT ON FINISHED INFILTRATION AREAS OR
ADJACENT SIDE SLOPES.
RESTORE DISTURBED INFILTRATION AREAS AND ADJACENT SIDE SLOPES TO PRE-DISTURBANCE
CONDITIONS WITHIN 24 HOURS. ANY RUTS OR DAMAGED TURF THAT COULD CREATE SEDIMENT
DISCHARGE TO INFILTRATION AREAS MUST BE REPAIRED WITHIN 24 HOURS. SUBSOIL THE
INFILTRATION AREA TO REMOVE ANY COMPACTION CAUSED BY VEHICLE TRAFFIC.
9. EXCAVATE ANY SEDIMENT THAT WASHES INTO INFILTRATION AREAS. REMOVE AND REPLACE
ANY AMENDED TOPSOIL THAT HAS SEDIMENT DEPOSITS VISIBLE AT THE SURFACE.
10. REPORT ANY SIGNS OF HIGH WATER TABLE OR COMPACTION OF THE IN PLACE SOILS TO THE
ENGINEER.
FILTRATION CONSTRUCTION NOTES
1. DO NOT STOCKPILE MATERIALS OR PARK EQUIPMENT OR VEHICLES IN A CONSTRUCTED
FILTRATION AREA. STAKE OFF OR OTHERWISE MARK OFF FILTRATION AREAS TO PREVENT HEAVY
CONSTRUCTION VEHICLES AND EQUIPMENT FROM DRIVING THROUGH.
2. DO NOT PLACE FILTER MATERIAL IN FILTRATION BASINS UNTIL ALL UP GRADIENT LAND
DISTURBANCE ACTIVITY HAS BEEN COMPLETED AND THE DRAINAGE AREA HAS BEEN STABILIZED.
PROVIDE RIGOROUS EROSION PREVENTION AND SEDIMENT CONTROL BMPS IF THE FILTRATION
AREA MUST BE COMPLETED PRIOR TO COMPLETION OF GROUND DISTURBING ACTIVITIES.
3. INSTALL SEDIMENT CONTROL BMPS AT THE TOE OF THE ADJACENT SLOPE IMMEDIATELY AFTER
PLACEMENT OF AMENDED TOPSOIL.
4. SUBMIT A SITE MANAGEMENT PLAN TO THE ENGINEER FOR THE CONSTRUCTION OF FILTRATION
AREAS.
5. DO NOT DRAIN TURBID OR SEDIMENT LADEN WATER TO THE FILTRATION AREA AFTER THE
FILTER MATERIAL HAS BEEN INSTALLED.
6. THE CONTRACTOR MAY NOT DRIVE ANY EQUIPMENT ON FINISHED FILTRATION AREAS OR
ADJACENT SIDE SLOPES. RESTORE DISTURBED FILTRATION AREAS AND ADJACENT SIDE SLOPES
TO PRE DISTURBANCE CONDITIONS WITHIN 24 HOURS. ANY RUTS OR DAMAGED TURF THAT
COULD CREATE SEDIMENT DISCHARGE TO FILTRATION AREAS MUST BE REPAIRED WITHIN 24
HOURS.
7. EXCAVATE ANY SEDIMENT THAT WASHES INTO FILTRATION AREAS. REMOVE AND REPLACE ANY
AMENDED TOPSOIL THAT HAS SEDIMENT DEPOSITS VISIBLE AT THE SURFACE.
8. REPORT ANY SIGNS OF HIGH WATER TABLE OR COMPACTION OF THE IN PLACE SOILS TO THE
ENGINEER.
LANDSCAPE NOTES
1. FILTER LOGS SHALL BE PLACED, AS NEEDED, TO TRAP SEDIMENT ON THE LOWER EDGE OF BEDS
OR TREE HOLES.
FILTER LOGS WILL BE LEFT TO PHOTO DEGRADE.
2. TILLING FOR BEDS OR TREE HOLES MUST BE PLANTED AND MULCHED WITH WOOD CHIP
WITHIN 7 DAYS OR STRAW MULCHED UNTIL PLANTING OPERATIONS CAN BE COMPLETED.
3. ANY POND CORNERS OPENED DUE TO TILLING FOR SHRUB BEDS OR TREE HOLES MUST BE
PLANTED AND MULCHED WITH WOOD CHIP WITHIN 24 HOURS OR STRAW MULCHED UNTIL
PLANTING OPERATIONS CAN BE COMPLETED.
I HEREBY CERTIFY THAT THIS PLAN,
SPECIFICATION, OR REPORT WAS
PREPARED BY ME OR UNDER MY
DIRECT SUPERVISION AND THAT I
AM A DULY LICENSED LANDSCAPE
ARCHITECT UNDER THE LAWS OF THE
STATE OF MINNESOTA.
SIGNATURE:____________________
JOSEPH L. SCHEFFLER
CLIENT
PROJECT NAME
SHEET NUMBER
SHEET TITLE
ORIANA CSG
7776 N 157TH ST N,
HUGO, MN 55038
Date:
License #:55597
07-28-2025
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LOUIE
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05-15-2024 REVIEW
05-20-2024 SUBMITTAL
07/28/2025 RE-SUBMITTAL
SWP103
EROSION
CONTROL
NOTES
Vegetation Management Plan for
Oriana CSG 2020-12 LLC
Prepared July 2025
2
Contents
1. Oriana CSG 2020-12 LLC Vegetation Management Plan (VMP) Overview ................................................ 3
1.1. Site Developer .......................................................................................................................................... 3
1.2. Vegetation Restoration Consultant ......................................................................................................... 3
1.3. Project Description ................................................................................................................................... 3
1.4. VMP Use and Objectives .......................................................................................................................... 3
2. Site Information ........................................................................................................................................... 4
2.1. Site Location ............................................................................................................................................. 4
2.2. Map of Array Layout ................................................................................................................................. 5
2.3. Site Conditions .......................................................................................................................................... 5
3. Overview of Vegetation Establishment and Management ....................................................................... 6
3.1. Vegetative Goals ....................................................................................................................................... 6
3.2. Contribution of Native Habitat on Solar Sites ........................................................................................ 6
3.3. Vegetation Installation Overview ............................................................................................................ 7
3.4. Vegetation Management Overview ......................................................................................................... 7
4. Vegetation Installation Procedures ............................................................................................................ 8
4.1. Site Inspections and Monitoring ................................................................................................................ 8
4.2. Site Preparation Herbicide Application ...................................................................................................... 8
4.3. Site Preparation Mowing ............................................................................................................................ 8
4.4. Soil and Seedbed Preparation .................................................................................................................... 8
4.5. Seed and Seeding ........................................................................................................................................ 8
4.6. Erosion control ............................................................................................................................................ 9
5. Vegetation Management Procedures ......................................................................................................... 9
5.1. Adaptive Management ............................................................................................................................. 9
5.2. Complete Site Maintenance Mowing ..................................................................................................... 9
5.3. Integrated Vegetation Maintenance ........................................................................................................ 9
5.4. Dormant Mowing ..................................................................................................................................... 9
6. Vegetation Installation and Management Timeline ................................................................................ 10
6.1. Site Prep and Installation Phase ........................................................................................................... 10
6.2. Establishment Phase ............................................................................................................................ 10
6.3. Maintenance Phase ................................................................................................................................ 11
7. Monitoring ................................................................................................................................................. 11
8. Seed Mix .................................................................................................................................................... 12
9. Pollinator Scorecard .................................................................................................................................. 13
10. Soils Maps ................................................................................................................................................ 14
3
1. Oriana CSG 2020-12 LLC Vegetation Management Plan (VMP)
Overview
1.1. Site Developer
Cedar Creek Energy
3155 104th LN NE
Blaine, MN 5549
763.450.9763
1.2. Project Description
The proposed community solar project is a .999 MW AC project planned for approximately
5 acres of solar footprint in Washington County, Hugo, Minnesota. Tracker-style panels
with approximately 24” ground clearance at max tilt and above- ground drivelines are
planned.
An existing tree line on the north, west, and south west of the site will provide vegetative
screening. One wetland has been delineated and identified within the entrance area to the
project area. The site will be planted with a fully-native pollinator mix to achieve the Habitat
Friendly Solar status as defined by the Board of Water and Soil Resources.1
1.3. VMP Use and Objectives
The VMP was written to provide a brief overview and description of the project and to act
as a guide for vegetation installation and management. It has been custom-written based
on information known at the time of writing. The VMP should be treated as a living
document and adjusted as additional information about the site is gathered both pre and
post construction. A qualified native vegetation contractor with a history of success
working on native vegetation restorations should be contracted to implement the
procedures outlined in this document and to provide feedback and suggestions for the VMP
during the lifespan of the project.
1https://www.revisor.mn.gov/statutes/cite/216B.1642
4
2. Site Information
2.1. Site Location
The community solar garden project site is located approximately 850 feet to the west of
Lutz Cuts Meat Processing. It is found approximately 1/3 mile west of the 157th St N and
Harrow Ave intersection.
The GPS coordinates of Oriana CSG are 45.179722N, -92.951828W.
5
2.2. Map of Array Layout
6
2.3. Site Conditions
A review of historical aerial photos shows that the entire site has been in traditional row
crops of the majority of the last 30 years. Little to no ponding can be seen in the Aerial
Photos. USDA/NRCS Web Soil Survey shows a variety of loam soils. These soils are listed
as shown below.
7
3. Overview of Vegetation Establishment and Management
3.1. Vegetative Goals
The primary vegetative goal is to establish permanent vegetation that does not interfere
with solar production. This solar site is being planted with 100% native species. The species
chosen produce an emphasis on native pollinator habitat to achieve and maintain the
Habitat Friendly Solar status.
3.2. Contribution of Native Habitat on Solar Sites
Economical production of power is the foremost goal of solar sites. There is a parallel
opportunity to provide critically important native pollinator-friendly habitat throughout the
array while capitalizing on the long-term low maintenance needs of native vegetation.
Establishing prairies and other native plant communities within the confines of solar sites
provides a tremendous opportunity to restore ecosystems that have been severely
degraded or eliminated across all areas of the country.
Native plants have profound root systems, many reaching 12 or more feet deep into the
soil. Rainwater follows those roots into the ground, helping to reduce water runoff and
promote the drainage of standing water into an aquifer. Those deep roots also stabilize the
soil, preventing erosion from rain and wind. The plants provide seeds for songbirds, cover
for game birds and, of course, provide blossoms and host plants for our beloved butterflies
and other nectar-loving insects.
Native grasses and forbs will be
selected based on their
ecological appropriateness to
the specific conditions of this
site, with consideration to their
mature height to not interfere
with panel productivity. These
species will not require
irrigation, fertilizer, or other
soil amendments.
The contribution to habitat
restoration cannot be
overstated given the acreage
impacted and lifespan of the
project.
8
3.3. Vegetation Installation Overview
The native mix planned for this array is selected for ecological appropriateness to the soil
types, moisture, and conditions as well as the mature plant height of 24” to 36” so as to not
interfere with panel productivity. The habitat provides low-maintenance vegetation that
won’t require fertilizer, amended soils or irrigation on this site.
It is important to note that the species selected for this site are based on their ability to
successfully establish from seed and thrive within the unique conditions found on solar
sites. From a practical standpoint, the species contained in these mixes are generally
available in the marketplace and, as a whole, have reasonable price points. Ultimately, the
list consists of well-performing, workhorse species coupled with smaller amounts of more
unique species for a robust mixture.
3.4. Vegetation Management Overview
Maintenance plays a vital role in the eventual success of any native landscape installation,
especially during the establishment period of years one through three. Active management
is similar in all areas of the project site. All areas of the site are inspected annually followed
by maintenance necessary to encourage healthy native species while discouraging non-
native/invasive species. During the growing season of the first year of establishment, the
site shall be inspected a minimum of three times.
9
4. Vegetation Installation Procedures
4.1. Site Inspections and Monitoring
Site inspections and monitoring throughout the installation process are vital to continually
assess site conditions and determine what procedures are needed and the timing of those
procedures. The pre-construction site inspection is particularly important to determine the
need for any herbicide application or mowing prior to soil preparation and seeding.
4.2. Site Preparation Herbicide Application
A site preparation herbicide application, if deemed necessary, should be performed by a
licensed, qualified contractor using appropriate herbicides to kill all actively growing weeds
on the project site. Typically, only glyphosate herbicide is necessary, but if certain perennial
weed species are present such as Canada thistle, a broadleaf additive may be necessary.
The contractor should carefully select an herbicide with a short soil residual, such as Garlon
3A, to minimize the impact on germination of the permanent seeding. The vegetation
should not be disturbed for a minimum of 14 days after an herbicide application to allow
time for effective weed elimination.
4.3. Site Preparation Mowing
Site preparation mowing may be required to reset vegetative growth to prepare for an
herbicide application. Additionally, site preparation mowing may be needed to cut and
mulch vegetation to simplify the soil preparation and seeding process.
4.4. Soil and Seedbed Preparation
Soil and seedbed preparation is vital to the success of any planting. Disking and harrowing
(or raking) the site is common and extremely effective. If extreme compaction is present on
site, a ripper may be needed to mitigate the compaction. The seedbed should be relatively
smooth and firm prior to seeding. Soil that is too clumpy or too fluffy may result in seeds
being planted too deep in the soil to germinate and survive.
4.5. Seed and Seeding
A custom native pollinator seed mix has been designed for use on this project and is found
in Section 8. Seeding will be completed through broadcasting by using a mechanical
spreader appropriate for the specified seed mixes. Large and fluffy seeds (such as most
grasses and cover crop) should be broadcast first and then lightly harrowed/raked into the
soil. Following the harrowing, small seeds (such as most forbs, sedges, and rushes) should
be broadcast on top of the soil.
10
4.6. Erosion control
Erosion control measures should be implemented as required after permanent seeding is
completed.
5. Vegetation Management Procedures
5.1. Adaptive Management
An adaptive management strategy is vital to the success of any project, but especially so for
native pollinator restorations. Adaptive management consists of continual monitoring and
adjusting maintenance strategies based on the site conditions in order to achieve the best
outcomes. No two sites are exactly the same and responding to changing site conditions,
weed pressures, weather, and a multitude of other variables is essential to the success of
the planting.
5.2. Complete Site Maintenance Mowing
Complete site maintenance mowing consists of mowing the entire project area during the
growing season, including trimming as appropriate around equipment or in inaccessible
areas. Complete site maintenance mowing is implemented primarily during the
establishment phase of the restoration (years 1-3) for several reasons. First, if a closed
canopy of vegetation develops, mowing is implemented to knock back the taller vegetation
and allow sunlight to reach the native seedlings below. Second, if weed species are present
and actively nearing their seed set, mowing is implemented to prevent those weeds from
producing viable seed. Third, vegetation has become tall enough to shade the panels or
impact other solar equipment on site and must be cut down.
5.3. Integrated Vegetation Maintenance
Integrated vegetation maintenance or IVM is a method using a combination of targeted
mowing/trimming and herbicide application aimed at reducing or eliminating weed species
and promoting the desired vegetation. IVM can also include grazing, haying, and other
maintenance options as appropriate. IVM is implemented starting towards the end of the
2nd full growing season typically and is used throughout the life of the project. 3 IVM visits
are typical on most sites until year 5 when a reduction to 1-2 visits per year can be made if
site conditions allow.
5.4. Dormant Mowing
Dormant mowing is a type of complete site mow implemented when vegetation is not
actively growing on site. This method is typically performed in early spring or fall.
Oftentimes, dormant mows are completed in the fall to mulch up dead vegetation and
encourage decomposition. This practice also has a dual purpose of cleaning up the site to
make electrical maintenance easier and to reduce the chance of accidental fire.
11
6. Vegetation Installation and Management Timeline
6.1. Site Prep and Installation Phase
Site Preparation:
1. Prior to the start of construction, a cover crop may be seeded to aid in erosion
control, soil moisture management, and weed suppression.
2. Inspection of the project area to assess site conditions and determine the need for
any site prep mowing or spraying activities.
3. If necessary, an herbicide application will be completed using glyphosate (Round-
up® or equivalent) as per manufacturer’s directions in areas with actively growing
vegetation. Allow a minimum of 14 days before disturbing the soil or completing
seeding activities.
4. When perennial broadleaf vegetation is present a triclopyr herbicide will be added
(Garlon 3A® or equivalent) as per manufacturer’s directions. When a broadleaf
herbicide is used allow a minimum of 30 days before disturbing the site or
completing seeding.
5. Depending on the density and type of undesirable vegetation present (i.e., annual
vs perennial) a complete site mowing might be advisable in lieu of an herbicide
application. For instance, if the site is dominated by Foxtail (an annual), mowing
would be preferrable to an herbicide application.
Soil Prep and Seeding:
1. Construction debris, garbage, and building materials will be removed and/or
staged outside the intended seeding areas.
2. Disk soil within the project area in preparation for seeding. Harrow or rake the soil
to achieve the proper seedbed.
3. Broadcast the large and fluffy seed (mostly grasses) along with a cover crop of
winter wheat or oats.
4. Harrow or rake the soil to work the seed to a proper depth.
5. Broadcast the small seeds (forbs, sedges, rushes, small grass seeds) on top of the
soil.
Installation Phase Maintenance
If the site is seeded in the summer or early fall, 1-2 complete site mowings may be needed
during this first partial growing season.
6.2. Establishment Phase
Year 1 is defined as the 1st full growing season for the vegetation. A recommendation of 3
complete site mowings is most common for this phase. Depending on site conditions and
vegetation growth, more or less may be needed.
12
Year 2 is the second full growing season. 3 total visits are typical with 2 complete site
mowings and 1 Integrated Vegetation Maintenance visit the most likely combination.
Year 3 typically requires 3 IVM site visits depending on vegetation status.
6.3. Maintenance Phase
Year 4 – 34. During the maintenance phase, 2 IVM visits are typical.
7. Monitoring
Consistent project monitoring is essential to evaluate vegetative establishment, weed
presence, and possible erosion concerns. This information helps determine which
management procedures to utilize, the proper timing for those procedures, and whether
any other remedial action is required such as reseeding or replanting. As the site’s
vegetation matures, adaptive management should be utilized as previously described.
13
8. Seed Mix
38-641 Pollinator Plot Southeast Mix
Code Common Name Scientific Name PLS lb/ac % by PLS
lb/ac
Seeds/
ft2
% by
Seeds/ft2
andger Big Bluestem Andropogon gerardii 0.14 0.69%0.51 1.12%
boucur Sideoats Grama Bouteloua curtipendula 1.35 6.70%2.98 6.46%
brokal Prairie Brome Bromus kalmii 0.03 0.15%0.09 0.19%
elycan Canada Wild Rye Elymus canadensis 0.24 1.19%0.46 1.00%
koemac June Grass Koeleria macrantha 0.01 0.05%0.73 1.60%
panvir Switchgrass Panicum virgatum 0.10 0.50%0.51 1.12%
schsco Little Bluestem Schizachyrium scoparium 0.54 2.68%2.98 6.46%
sornut Indiangrass Sorghastrum nutans 0.15 0.74%0.66 1.44%
spohet Prairie Dropseed Sporobolus heterolepis 0.09 0.45%0.53 1.15%
Grasses Subtotal 2.65 13.15%9.45 20.53%
carbre Plains Oval Sedge Carex brevior 0.05 0.25%0.53 1.16%
Sedges & Rushes Subtotal 0.05 0.25%0.53 1.16%
achmil Common Yarrow Achillea millefolium 0.02 0.10%1.31 2.85%
amocan Lead Plant Amorpha canescens 0.08 0.40%0.36 0.78%
anecan Canada Anemone Anemone canadensis 0.03 0.15%0.09 0.19%
anecyl Thimbleweed Anemone cylindrica 0.02 0.10%0.19 0.42%
ascsyr Common Milkweed Asclepias syriaca 0.14 0.69%0.21 0.45%
asctub Butterfly Milkweed Asclepias tuberosa 0.06 0.30%0.09 0.21%
astcan Canada Milkvetch Astragalus canadensis 0.02 0.10%0.12 0.27%
chafas Partridge Pea Chamaecrista fasciculata 0.49 2.43%0.49 1.06%
corpal Prairie Coreopsis Coreopsis palmata 0.01 0.05%0.04 0.08%
dalcan White Prairie Clover Dalea candida 0.03 0.15%0.21 0.45%
dalpur Purple Prairie Clover Dalea purpurea 0.36 1.79%1.98 4.31%
descan Showy Tick Trefoil Desmodium canadense 0.05 0.25%0.10 0.22%
dryarg Prairie Cinquefoil Drymocallis arguta 0.01 0.05%0.84 1.84%
genand Bottle Gentian Gentiana andrewsii 0.01 0.05%1.03 2.23%
helaut Sneezeweed Helenium autumnale 0.01 0.05%0.48 1.04%
helmax Maximilian's Sunflower Helianthus maximiliani 0.02 0.10%0.10 0.21%
helpau Stiff Sunflower Helianthus pauciflorus 0.03 0.15%0.04 0.10%
helhel Ox-eye Sunflower Heliopsis helianthoides 0.21 1.04%0.49 1.06%
heuric Prairie Alumroot Heuchera richardsonii 0.01 0.05%2.57 5.59%
liaasp Rough Blazing Star Liatris aspera 0.01 0.05%0.06 0.13%
lialig Meadow Blazing Star Liatris ligulistylis 0.03 0.15%0.11 0.24%
liapyc Prairie Blazing Star Liatris pycnostachya 0.01 0.05%0.04 0.09%
lupper Wild Lupine Lupinus perennis 0.02 0.10%0.01 0.02%
lytala Winged Loosestrife Lythrum alatum 0.01 0.05%1.10 2.39%
monfis Wild Bergamot Monarda fistulosa 0.04 0.20%1.03 2.23%
monpun Spotted Bee Balm Monarda punctata 0.02 0.10%0.66 1.44%
oenbie Common Eveninig
Primrose
Oenothera biennis 0.02 0.10%0.66 1.44%
pedcan Wood Betony Pedicularis canadensis 0.01 0.05%0.14 0.31%
pengra Large-flowered
Beardtongue Penstemon grandiflorus 0.08 0.40%0.41 0.89%
phlpil Prairie Phlox Phlox pilosa 0.01 0.05%0.07 0.15%
pycvir Virginia Mountain Mint Pycnanthemum virginianum 0.01 0.05%0.81 1.76%
ratpin Yellow Coneflower Ratibida pinnata 0.05 0.25%0.55 1.20%
rudhir Black-eyed Susan Rudbeckia hirta 0.07 0.35%2.37 5.14%
scrlan Early Figwort Scrophularia lanceolata 0.01 0.05%0.68 1.48%
silper Cup Plant Silphium perfoliatum 0.02 0.10%0.01 0.02%
solnem Gray Goldenrod Solidago nemoralis 0.01 0.05%1.10 2.39%
solrig Stiff Goldenrod Solidago rigida 0.06 0.30%0.90 1.96%
solspe Showy Goldenrod Solidago speciosa 0.03 0.15%0.88 1.92%
symeri Heath Aster Symphyotrichum ericoides 0.01 0.05%0.73 1.60%
symlae Smooth Blue Aster Symphyotrichum laeve 0.03 0.15%0.61 1.32%
symnov New England Aster Symphyotrichum novae-angliae 0.03 0.15%0.72 1.56%
symool Sky Blue Aster Symphyotrichum oolentangiense 0.02 0.10%0.59 1.28%
trabra Prairie Spiderwort Tradescantia bracteata 0.03 0.15%0.11 0.24%
verstr Hoary Vervain Verbena stricta 0.08 0.40%0.82 1.79%
vervir Culver's Root Veronicastrum virginicum 0.01 0.05%2.94 6.38%
vioped Prairie Violet Viola pedatifida 0.01 0.05%0.10 0.22%
zizaur Golden Alexanders Zizia aurea 0.10 0.50%0.40 0.88%
Forbs Subtotal 2.45 12.16%29.36 63.79%
cover Oats/Winter Wheat Avena sativa/Triticum aestivum 15.00 74.44%6.68 14.52%
Cover Crop Subtotal 15.00 74.44%6.68 14.52%
Total 20.15 100.00%46.02 100.00%
14
9. Pollinator Scorecard
15
10. Soils Maps
16
From:Randol Mersch
To:Max Gort
Subject:Re: Test
Date:Thursday, September 25, 2025 1:55:34 PM
Caution: This email originated outside our organization; please use caution.
I am opposed to the solar field behind my house .
I am concerned about the glare from the solar panels.
I am worried about the road 20 feet off of my property line.
Could another row of trees be planted next to the solar field to block the glare?
What is the environmental impact?
It is such A peaceful area and I would hate to see it turn into A construction zone with
commercial vehicles driving in and out all day long.
I like the Lutz's. They are great people. I just wanted to express my concerns.
Randy Mersch
7626 157TH Street North Hugo MN 55038
Thanks Max
Randy Mersch
Mouldings Doors & More
3588 Hoffman Road E
Vadnais Heights, MN 55110
651-486-7194
On Thu, Sep 25, 2025 at 1:00 PM Randol Mersch <randolthedoordoctor@gmail.com> wrote:
Randy Mersch
Mouldings Doors & More
3588 Hoffman Road E
Vadnais Heights, MN 55110
651-486-7194
MEMO
To: Bryan Bear, City Administrator
From: Jim Compton, Jr., Fire Chief
Date: 10/1//2025
Subject: Apparatus Bay Painting Project
________________________________________________________________________________________
Over the last several years the City of Hugo has been making updates to the fire station that was built in 1999,
and our next project is to update the apparatus bay. We would like to clean and paint the apparatus bay and
update the drinking fountain with a drinking fountain/bottle filler. At the completion of this project the entire
building will have a complete interior face lift with most of the appliances replaced and all mechanical equipment
replaced.
We have received multiple quotes from contractors and have chosen Fresh Paint and White Bear Plumbing for
the project.
• Plumbing: White Bear Plumbing, $2,550.00
• Painting: Fresh Paint, $30,425.00
o Total CIP expected expense: $32,975.00
Public Works staff will be utilized for physical labor by moving most of the equipment and items before and after
the project.
I have discussed these results with the Finance Director, who has indicated that sufficient funding has been
budgeted in the building maintenance fund for the contracted work. To keep in line with our plan to update the
city’s 26-year-old fire station, it is my recommendation that we move forward with this project as proposed.
Please place this on the October 6, 2025, City Council agenda for consideration.
City of Hugo Fire Department
5323 140th Street North
Hugo, Minnesota 55038
PH: (651) 762-6362 FAX: (651) 429-3212
Estimate
Date
9/28/2025
Estimate #
2246
Name / Address
City of Hugo Fire Department
5323 140th Street North
Hugo, MN 55038
Job ID
Thank you for the opportunity to bid your project.Total
Phone Number : 651-426-6000
Website : whitebearplumbing.com
Email :
office@whitebearplumbing.com
1665 9th Street
White Bear Lake, MN 55110
Description Qty Rate Total
The following items are included in the proposal:
- Replace old style drinking fountain with new fountain and bottle filler
- Includes EZ H2O drinking fountain and bottle filler combo/ non-filtered
- Open block & move drain to accommodate appropriate fountain height
Labor and Materials 1 2,550.00 2,550.00
Estimates are void after 90 days.
$2,550.00
Fresh Paint, Inc.
4225 White Bear Parkway, Ste. 100
St. Paul, Minnesota, 55110
651-429-4475
PROPOSAL & CONTRACT # 20650
Prepared For:
Jim Compton
Hugo Fire Department
5323 140th St N
Hugo,MN,55038
651-762-6362
Bid Date: Sep 30, 2025
Prepared By: Dennis Stedman
Project Name:
Hugo Fire Department - Apparatus Garage
Site Address:
5323 140th St. N,
Hugo,MN
55038
Project Summary:
Apparatus Garage
Item & Description Qty List Price Amount
Apparatus Garage 1 $ 0.00
Sq. Ft. Interior Block Walls - Prep/Paint
Approx. 6580 sq. ft.
1 $ 4,950.00 $ 4,950.00
Ln. Ft. Color Separation Line Prep
Approx. 310 ln. ft.
1 $ 465.00 $ 465.00
Exposed Bar Joist Ceiling - Prep
Clean and prep for paint
Approx. 6000 sq. ft.
1 $ 8,700.00 $ 8,700.00
Exposed Bar Joist Ceiling - Paint
Includes all exposed bar joist, deck and paintable piping
Approx. 6000 sq. ft.
1 $ 8,700.00 $ 8,700.00
Misc. Duct Work
Approx. 780 sq. ft.
1 $ 1,735.00 $ 1,735.00
Misc Conduit & Piping - Paint
Includes all Paintable piping along the walls of the garage area
Approx. 2000 ln. ft.
1 $ 900.00 $ 900.00
HM Doors & Frames - Paint
Includes 9 doors & frames
1 window frame
1 $ 1,085.00 $ 1,085.00
Grand Total $ 30,425.00
This bid is valid for 90 days from the date above . Beyond that date, Fresh Paint Inc. reserves the right to reevaluate our bid
and adjust if necessary.
All materials to be top quality as specified by the manufacturer.
Prices include labor, materials, taxes, and insurance All materials to be applied in strict accordance with manufacturer's
specifications regarding surface preparation and coating application.
All movable items within areas to be painted will be moved by client staff to allow adequate access of 4’ or more prior to our
arrival. Any items that need to be moved by Fresh Paint will be done on T & M and Fresh Paint will not be held liable for any
damages.
All edges and joints between surfaces to be clean and sharp.
Job site to be left neat and clean at the end of each workday.
Interior Projects:
- Prices include: Clean; minor spackling; prime as necessary; finish.
Downpayment:
ALTERNATES:
>All movable items within areas to be painted will be moved by client staff to allow adequate access of 4’ or more prior to our
arrival. Any items that need to be moved by Fresh Paint will be done on T & M and Fresh Paint will not be held liable for any
damages.
COMMENTS:
>This bid is valid for 90 days from the date above. Beyond that date Fresh Paint reserves the right to reevaluate our bid and
adjust if necessary.
>Prices include labor, materials, taxes and insurance.
>All materials to be top quality as specified by the manufacturer.
Laundry Room - Paint
Includes minor repair, all walls, ceiling and 1 door frame.
1 $ 460.00 $ 460.00
SCBA Room
Prep and paint the walls and door & frame in this room
1 $ 450.00 $ 450.00
Lift Access Equipment
Lift rental pricing is an estimate from our vendor and their pricing at the
time this proposal was created. The price is based on the allotted time
needed to complete the project. Rentals are made based on 1 Week or
monthly pricing. Extra charges may be added if more time or additional lifts
are needed or there is a job stoppage due to client. Client will be notified
prior to billing cycle & charges. Once the project has been awarded Fresh
Paint reserves the right to request an updated quote from our vendor and
adjust our price if necessary.
Our estimate for lift access is $2980.00
1 $ 2,980.00 $ 2,980.00
Item & Description Qty List Price Amount
Exterior Projects:
- Prices include: Clean; scrape; sand; spot prime as necessary; finish.
- No materials applied in adverse weather condition
Client agrees to all terms and conditions of this contract on both front and reverse sides.
_________________________________________________________________________ ___________
Client Date
_________________________________________________________________________ ___________
Fresh Paint Inc. Date
Fresh Paint Inc. adheres to the standards of the Painting Contractors Association (PCA) in all of our work.
Learn more by visiting https://freshpaintinc.com/pca-standards/ to review the full PCA Standards.
09/30/2025
Standard Terms and Conditions of Contract
1. Fresh Paint Inc shall be referred to below as “Fresh Paint”. The party accepting this proposal of Fresh Paint shall be referred to below as “Client”. By signing this
agreement Client certifies they own the property to be improved or are the authorized agent of the owner per Mn Statute 514.0411(2). If Client is not the owner, Client
agrees to provide Fresh Paint with the name and address of the owner within 10 days of signing this agreement pursuant to Mn Statute 514.011(3).
2. Fresh Paint will provide labor and equipment for the above described job for stated amount, and will proceed without delay from start to finish whenever possible.
Materials are included in the job price only if so stated above.
3. Fresh Paint will schedule the job and procure state materials on behalf of Client on receipt of a signed copy of this contract and the requested down payment. Down
payments are non-refundable and will be applied against the account on the final statement.
4. Fresh Paint assumes no liability to perform any work not specifically stated in the contract. Labor or material which is not expressly stated in the above job description
will be provided for an extra charge. Fresh Paint will inform the Client of the nature of the extra charges before performing the extra work.
5. Fresh Paint will carry public liability and workers compensation insurance coverage on the job to the limits and as required by the laws of this State, and upon request
will have its agents provide a certificate of said coverage to Client by US mail or facsimile transmission.
6. Unless stated above, Client is responsible for removing all personal property to a safe location away from the work area.
7. To aid office/crew communication and the performance of Client’s job. Client agrees to provide water, electricity, lavatories, building access, and storage as deemed
necessary by Fresh Paint for smooth operations. Arrangements for access to locked building will be made at time of scheduling.
8. Client agrees to pay the full stated price immediately upon substantial job completion and/or issuance of an invoice by Fresh Paint. The term “substantial job
completion” means complete to a substantial degree, but not necessarily through final touch-up.
9. Client agrees to pay Fresh Paint a finance charge of 1.5% per month or portion thereof, but in no case to exceed the maximum legal rate, on any amount not paid
within ten days after an invoice is issued by Fresh Paint. Client agrees to pay all reasonable attorney fees on costs and disbursements which Fresh Paint incurs as a
result of Client’s failure to pay invoices in a timely manner, including those costs incurred in filing and foreclosing a Mechanic’s lien or otherwise instituting suit against
Client for payment of monies due and owning, as well as post judgment interest, cost and reasonable attorney’s fees for collection.
10. Fresh Paint shall not be liable to Client if the fulfillment of any of the terms of this agreement are delayed or prevented by riots, wars, acts of enemies, national
emergencies, strikes, floods, fires, acts of God, inclement or cold weather, or by any other cause not within the control of Fresh Paint with which, by the exercise of
reasonable diligence, Fresh Paint is unable to prevent.
11. If Fresh Paint encounters lead based paint or any other material such as, but not limited to, asbestos or polychlorinated biphenyl (PCB) which by law is required to be
abated and about which Fresh Paint has not been notified in writing prior to performing bid and entering contract. Fresh Paint will stop work and not be responsible for
the abatement. Client will hold Fresh Paint harmless as to any liability resulting from such material unless Fresh Paint has specifically contracted for the abatement.
12. Client agrees that the standard of quality for the job, unless expressly stated otherwise and as limited or modified on the face of this agreement or incorporated
documents, will be that level of quality of finished project which a reasonable objective party would accept, as set forth in the PDCA P1-19 “Touch-Up Standard”. Touch-
ups by Fresh Paint of damage caused by others will be performed on orders of client and will be compensated by client with a time and price adjustment.
13. Client assumes responsibility for disposal of waste generated by the performance of this job unless expressly contracted by Fresh Paint.
14. This agreement represents the entire agreement between the parties and all oral agreements made prior to or concurrently with the execution of this agreement,
shall be merged into the agreement. Except as otherwise herein provided, no modification or cancellation of this agreement shall be effective unless in writing and
signed by the parties hereto.
15. This contract and any limited warranty is not assignable or transferable by Client without prior written agreement of Fresh Paint.
16. Acceptance of this proposal by Client is expressly conditioned upon agreement to all terms and conditions contained herein. In the event of a conflict be- tween
terms and provisions of this proposal and a subsequent written agreement entered by the parties, the former document shall govern.
17. Client agrees to submit to binding arbitration for resolution of any disputes regarding the performance of the job or any of the terms and conditions contained herein,
with the costs of arbitration being apportioned in the final judgment.
18. This proposal may be voided by Fresh Paint if not accepted within 30 days.
Notice of Lien Rights in the State of Minnesota
a. Any person or company supplying labor or materials for this improvement to your property may file a lien against your property if that person or company is not paid for
their contributions.
b. Under Minnesota law, you have the right to pay persons who supplied labor or materials for this improvement directly and deduct this amount from our contract price,
or withhold the amounts due them from us until 120 days after completion of the improvement unless we give you a lien waver signed by persons who supplied any
labor or materials for the improvement and who gave you timely notice
Please Note...
Fresh Paint uses state of the art techniques on all jobs. In some cases we will specify additional prep or uncommon primers and surface conditioners to insure maximum
bond - items you won’t find on most other bids - as based on ongoing research. Our best efforts at extending a job’s life, however, are no match for a building with
structural, ventilation, or insulation problems, or excessive paint coats. Such problems will cause premature coating failure by allowing moisture, water vapor, or
corrosives to destroy the bond between the coating and the surface, so it is in your best interest to correct these situations before or concurrent with the performance of
this job. For more information on why coatings fail and how your can help prevent this, please consult the Fresh Paint report on paint problems and how they can be
corrected, available free of charge upon request from Fresh Paint.
2 YEAR LIMITED WARRENTY
Fresh Paint warrants this job against paint coat failure caused by improper preparation or application of materials for a period of 2 (two) years from the date of this
agreement, except in cases of new construction, where the warranty is limited to 1 (one) year. Claims must be made within the guarantee period, in writing, and within
thirty days after the claimed condition has occurred. Failure to give timely written notice shall discharge Fresh Paint from any obligation under this warranty. If after
inspection Fresh Paint determines the claim is covered under this warranty, Fresh Paint or its agents will repair any of these conditions free of charge. Conditions
caused by abuse, neglect, improper or inadequate ventilation or insulation, inadequate exhausting or diverting a vapor, steam or moisture, structural defect, excessive or
failing underlying coatings, deteriorated substrates, placing the finish in service prematurely, orders to apply finish to surfaces in adverse conditions, or any other pre-
existing condition, circumstance or cause not within the control of Fresh Paint and not caused by improper application or preparation by Fresh Paint staff, are not
covered. The foregoing shall be the only remedy of the Client under this warranty. In addition to specific limitations printed above and on the reverse side, all materials
used in this job must be supplied by Fresh Paint or approved in writing by Fresh Paint in advance of us. If after inspection Fresh Paint determines that a claim is not
covered under this warranty, the Client shall have no recourse against Fresh Paint. Fresh Paint will attempt to notify the Client on the reverse side of readily perceived
problems that could cause coating failure, however failure of Fresh Paint to provide such a diagnosis shall in no way cause Fresh Paint to be liable for any past, present,
or future problems, their correction and effects. This warranty is given as the exclusive warranty and remedy, and no other warranties, express or implied, including
warranties of merchantability or fitness for a particular purpose or purposes, are made. Fresh Paint shall not be liable for any special, incidental, or consequential
damages.
September 26, 2025
Honorable Mayor and City Council
City of Hugo
14669 Fitzgerald Avenue North
Hugo, MN 55038
Re: 2025 Beaver Ponds Area Street Improvement Project
Adopting Assessments
WSB Project No. 026749-000
Dear Mayor and Council,
On April 7, 2025, the City of Hugo awarded a construction contract for the completion of the 2025
Beaver Ponds Area Street Improvement Project.
At the August 18, 2025 regular Council meeting, the Council adopted a resolution declaring costs
to be assessed for the 2025 Beaver Ponds Area Street Improvement Project and scheduled the
assessment hearing on the proposed assessments for October 6, 2025. The Notice of
Assessment Hearing has been published in the newspaper and mailed to the owners of each
parcel described in the assessment roll at least two weeks prior to the hearing. As part of the
assessment hearing, staff will give a PowerPoint presentation identifying the improvements, costs
and detail payment options. Staff recommends the Mayor open the public hearing to take all
comments and Council approve the resolution adopting assessments for the 2025 Beaver Ponds
Area Street Improvement Project.
Staff has prepared a resolution adopting the assessments for the 2025 Beaver Ponds Area Stret
Improvement Project for your consideration in accordance with the requirement of state statutes
Chapter 429 for assessments to benefitting properties. A copy of the assessment roll is attached
for your reference.
If you have any questions or items you wish to discuss, you can contact me at 612-360-1278.
Sincerely,
WSB & Associates, Inc.
Mark Erichson, PE
City Engineer
Attachment
cc: Bryan Bear, City Administrator, City of Hugo
Scott Anderson, Public Works Director, City of Hugo
Liz Finnegan, Senior Engineering Technician, City of Hugo
RESOLUTION NO. 2025 –
RESOLUTION ADOPTING ASSESSMENTS FOR THE
2025 BEAVER PONDS AREA STREET IMPROVEMENT PROJECT
CITY OF HUGO, WASHINGTON COUNTY, MN
WHEREAS, pursuant to proper notice duly given as required by law, the council has met and
heard and passed upon all objections to the proposed assessment against abutting property
generally located along the following roadways:
• Flay Road N from 129th Drive N to Fondant Trail N
• Ferrara Avenue N from the south terminus to 129th Street N
• 129th Street N from Ferrara Avenue N to Fiona Road N
• 128th Street N from Ferrare Avenue N to Fiona Road N
• 128th Street Court from 128th Street N to the north cul-de-sac
• Fiona Road N from 128th Street N to Flay Road N
• Fondant Trail N from the south Beaver Ponds South plat to Foxhill Avenue N
• 128th Street N from Flay Road to 128th Alcove N
• Foxhill Avenue N from 128th Street N to the north cul-de-sac
• 128th Alcove N from south cul-de-sac to north cul-de-sac
• 127th Street N from Fondant Trail N to Foxhill Circle N
• Foxhill Circle N from 127th Street N to northeast cul-de-sac
• Foxhill Avenue N from Foxhill Circle N to the south Beaver Ponds plat boundary
• 126th Street to the west terminus to Foxhill Avenue N
The improvements include roadway mill and overlay, spot curb and gutter replacement, and
minor drainage improvements.
NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Hugo,
Minnesota, as follows:
1. Such assessment, a copy of which is attached hereto and made a part hereof, is hereby
accepted and shall constitute the special assessment against the lands named therein, and
each tract of land therein included is hereby found to be benefited by the proposed
improvement in the amount of the assessment levied against it.
2. Such assessment shall be payable in annual installments extending over a period of 5
years, the first of the installments to be payable on or before the first Monday in January
2026, and shall bear interest at the rate of 5.05% per annum from the date of the adoption
of this assessment resolution. To the first installment shall be added interest on the entire
assessment from the date of this resolution until December 31, 2025. To each subsequent
installment when due shall be added interest for one year on all unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the county auditor, pay the whole of the assessment on such property, with
interest accrued to the date of payment, to the city finance director, except that no interest
shall be charged if the entire assessment is paid within 30 days from the adoption of this
resolution; and may, at any time thereafter, pay to the city finance director the entire
amount of the assessment remaining unpaid, with interest accrued to December 31 of the
year in which such payment is made. Such payment must be made before November 15
or interest will be charged through December 31 of the next succeeding year.
Page 2 of 2
4. The city clerk shall forthwith transmit a certified duplicate of this assessment to the
county auditor to be extended on the property tax lists of the county. Such assessments
shall be collected and paid over in the same manner as other municipal taxes.
Upon roll call, the following members voting AYE:
Upon roll call, the following members voting NAY:
Whereupon said resolution was declared passed and adopted this 6th day of October, 2025.
________________________
Tom Weidt, Mayor
ATTEST:
___________________________________
Michele Lindau, City Clerk
C:\Users\Michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\QIVA9AZR\MEMO-Deviate from Assessment Policy 100625
final.docxC:\Users\Michele.lindau\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\QIVA9AZR\MEMO-Deviate from Assessment Policy 100625
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Memorandum
To: Honorable Mayor and City Council
Bryan Bear, City Administrator
From: Mark Erichson, City Engineer
Date: October 6, 2025
Re: 2026 Bald Eagle Industrial Park Area Street Improvement Project
WSB Project No. 028436-000
On March 3, 2025, the City Council authorized the preparation of a feasibility study for the
2026 Bald Eagle Industrial Park Street Improvement Project. Roadway overlay are proposed
along the following streets:
• 130th Street North (from TH 61 to Europa Trail North)
• 140th Street North (from TH 61 to Fenway Boulevard North)
• Fenway Boulevard North (from 130th Street North to 140th Street North)
• Fenway Boulevard Court North (from Fenway Boulevard North to its eastern
terminus)
• 130th Street North (from Fenway Boulevard to Europa Trail North)
• Farnham Avenue North (from 130th Street North to its southern terminus)
WSB is currently preparing the feasibility study and preliminary design. An action to accept
the feasibility study will be brought forward for City Council approval at an upcoming City
Council meeting in November.
The City plans to assess properties that benefit from the aforementioned improvements in
accordance with Minnesota Statutes, Chapter 429, and the City’s adopted assessment
policy. However, staff is proposing a deviation to the assessment policy for residential
properties located on the north side of 130th Street North, from Fenway Boulevard to Europa
Trail North, and on the west side of Fenway Boulevard, between 140th Street North and
130th Street North.
According to the assessment policy, these properties would generally be assessed at one-
half unit for the improvements along 130th Street and Fenway Boulevard, with the remaining
one-half unit to be assessed once the internal roads to the properties are improved. Since
none of these properties have direct access to 130th Street North or Fenway Boulevard, staff
is requesting that these properties not be assessed for this project, but instead be fully
assessed when the following internal streets are improved.
• Europa Trail Way North
• 132 Street North
• 132nd Way North
• Europa Court North
• 134th Street North
Honorable Mayor and City Council
October 6, 2025
Page 2
These roads have not been identified for improvements in the 5-year CIP. Staff estimates
that it will be approximately 10 years before these streets require rehabilitation. Staff has
discussed this approach with the City Attorney, who is agreeable to this modification, given
that the City Council has approved deviating from the City’s Assessment Policy. A figure
illustrating this approach is shown below:
14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762-6300 • www.ci.hugo.mn.us
September 29, 2025
Re: 2026 Bald Eagle Industrial Park Area Street Improvement Project
City of Hugo, MN
WSB Project No. 028436-000
Dear Resident/Property Owner:
The City of Hugo plans to undertake street improvements in the Bald Eagle Industrial Park area in 2026. The
proposed project includes pavement rehabilitation and minor utility upgrades on the following streets:
• 130th Street North (from TH 61 to Europa Trail North)
• 140th Street North (from TH 61 to Fenway Boulevard North)
• Fenway Boulevard North (from 130th Street North to 140th Street North)
• Fenway Boulevard Court North (from Fenway Boulevard North to its eastern terminus)
• 130th Street North (from Fenway Boulevard to Europa Trail North)
• Farnham Avenue North (from 130th Street North to its southern terminus)
The project scope includes the construction of a new trail along the north side of 130th Street, connecting to the
existing trail on the east side of Hwy 61 and trails at Fenway Avenue and Europa Trail North.
Staff typically holds several public informational meetings before a public hearing, which is when the City Council
decides whether to proceed with a project. The first informational meeting aims to inform residents about the project
scope, the public improvement process, and the assessment policy. Additionally, it provides an opportunity for
residents to share any concerns they would like addressed in the feasibility study. The assessment policy outlines
the costs that residents will need to pay as part of the road improvements, and this will be discussed in detail during
the informational meeting.
You are invited to the first informational meeting
on October 9, 2025, from 6:00 p.m. to 7:00 p.m.
at the Peder Pedersen Pavilion, 5524 Upper 146th Street, Hugo, MN
Please contact me at 612.360.1278 or merichson@wsbeng.com if you have any questions or concerns.
Sincerely,
Mark Erichson, PE
City Engineer
cc: Scott Anderson, Director of Public Works
Liz Finnegan, Senior Engineering Technician
Bryan Bear, City Administrator
1 9/30/2025 11:35 AMMeetings in green are scheduled/posted meetings
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