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HomeMy WebLinkAbout2018.10.15 CC PacketCITY EST. 1906 •. 00 14669 Fitzgerald Avenue North • Hugo, MN 55038 A. CALL TO ORDER B. ROLL CALL C. PLEDGE OF ALLEGIANCE D. APPROVAL OF MINUTES Agenda HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, OCTOBER 15, 2018 — 7 P.M. 1. September 28, 2018 Movie Night 2. September 29, 2018 BBQ Cookout Fundraiser 3. October 1, 2018 City Council Meeting 4. October 2, 2018 White Bear Area Chamber Awards 5. October 5, 2018 Wilson Tool Manufacturing Day Open House 6. October 6, 2018 City Wide Bus Tour 7. October 6, 2018 Fire Department Open House E. APPROVAL OF AGENDA F. APPOINTMENTS/PRESENTATIONS 1. Recognition of Firefighter Andy Churchill 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. I . Approval of Claims 2. Approve Annual Performance Review for Finance Coordinator Anna Wobse 3. Approve EMWREP Agreement with Washington Conservation District 4. Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association 5. Approve Off -Site Gambling Permit for Merrick, Inc. for Purse Bingo at Hugo Legion 6. Approve Resignation of Andy Luchsinger from the Hugo Fire Department H. PUBLIC HEARING 1. Ordinance Amendment for Alternate Commission Members I. UNFINISHED BUSINESS 1. None Scheduled J. NEW BUSINESS 1. Appointment of Alternates to the EDA and Planning Commission 2. Clearwater Creek Preserve Update K. VISITOR PRESENTATIONS 1. None Scheduled L. COUNCIL PRESENTATIONS 1. Yellow Ribbon Network Update M. ADMINISTRATIVE PRESENTATIONS 1. Xcel Energy Training Town Grand Opening Wednesday, October 17, 2018 2. Lions Park Grand Opening Wednesday, October 17, 2018 3. Historical Commission Those Were the Days Event Tuesday, October 22, 2018 4. Schedule Board of Canvass for Tuesday, November 13, 2018 at 3:30 p.m. 5. Thank You for your Service Celebration Friday, November 16, 2018 N. ADJOURNMENT BACKGROUND MEMO FOR THE HUGO CITY COUNCIL MEETING MONDAY, OCTOBER 15, 2017 D.1 September 28, 2018 Movie Night D.2 September 29, 2018 BBQ Cookout Fundraiser D.3 October 1, 2018 City Council Meeting DA October 2, 2018 White Bear Area Chamber Awards D.5 October 5, 2018 Wilson Tool Manufacturing Day Open House D.6 October 6, 2018 City Wide Bus Tour D.7 October 6, 2018 Fire Department Open House Staff recommends Council approve the above minutes. F.1 Recognition of Firefighter Andy Churchill At its September 4, 2018 meeting, Council accepted the letter of resignation from longtime firefighter Andy Churchill after serving 14 years on the Hugo Fire Department. Council would like to recognize Andy for his years of dedicated service. GA Approval of Claims Staff recommends Council approve the Claims Roster as presented. G.2 Approve Annual Performance Review for Finance Coordinator Anna Wobse Anna Wobse was hired as the City's Accounting Clerk on October 27, 2008, and has worked under the direction of Finance Director Ron Otkin in accounts payable and payroll functions. At its March 19, 2018, meeting, Council approved Anna as the new Finance Coordinator. Finance Director Ron Otkin recommends Council approve the annual performance review for Finance Coordinator Anna Wobse. G.3 Approve EMWREP Agreement with Washington Conservation District At its March 21, 2016 meeting, Council approved membership to the East Metro Water Resource Education Program (EMWREP) as part of the SWPPP educational component. The annual cost of membership was $2,500. The contract expires on January 1, 2019, and staff recommends Council approve the agreement for another three years between Washington Conservation District and Members of the 2019-2021 East Metro Water Resource Education Program at an annual cost $2,700. GA Approve Snowmobile Trail Applications for Hugo Snowmobile Club and Rice Creek Trail Association The Hugo Snowmobile Club and the Rice Creek Trail Association have submitted their respective Snowmobile Trail Applications for the 2018-2019 snow season. Staff recommends Council approve the Snowmobile Trail Applications for the Hugo Snowmobile Club and the Rice Creek Trail Association. G.5 Approve Off -Site Gambling Permit for Merrick, Inc. for Purse Bingo at Hugo Legion Merrick, Inc., is requesting approval of an Off -Site Gambling Permit to conduct Purse Bingo at the Hugo American Legion. Merrick, Inc. is a nonprofit that serves adults with developmental disabilities by providing vocational and social opportunities. The Legion would like to hold Purse Bingo but does not want to carry and store the large inventory of merchandise. Staff recommends Council approve the Off -Site Gambling Permit for Merrick, Inc. for Purse Bingo at the Hugo American Legion. G.6 Approve Resignation of Andy Luchsinger from the Hugo Fire Department Firefighter Andy Luchsinger has submitted his letter of resignation from the Hugo Fire Department. Andy had served on the department since December, 2015. Staff recommends Council approve the resignation of Andy Luchsinger effective immediately. H.1 Public Hearing on Ordinance Amendment for Alternate Commission Members At its August 6, 2018, meeting, City Administrator Bryan Bear discussed with Council the idea of appointing alternates to serve on the City's EDA, Planning Commission, and Parks Commission. Council directed staff to work on changes to the ordinance and any changes to respective bylaws. Staff had discussed this with each of the commissions, prepared a draft ordinance and bylaws, and scheduled a public hearing this evening to take public comments on these changes. Staff recommends Council hold the public hearing and approve the ordinance and amended bylaws to allow for the appointment of alternate members to the Commissions J.1 Appointment of Alternates to the EDA and Planning Commission On July 17, 2018, Council interviewed six very qualified residents for vacancies on Hugo Commissions. At that time, there was discussion on appointing alternates, and staff was directed to work on changes to the ordinance and the bylaws to allow for this. A public hearing will be held this evening, and if Council approves the ordinance amendment, staff recommends Council approve the appointment of Maria Mulvihill as an alternate Planning Commission member, and Jennifer Wilson as an alternate member on the Economic Development Authority. J.2 Clearwater Creek Preserve Update At the meeting of February 21, 2018, the Parks Commission had discussion on an Active Living Grant from the Statewide Health Improvement Program through Washington County. The City of Hugo received $15,000 to master plan Clearwater Creek Preserve, in particular to enhance community engagement. This spring, the site was evaluated and the wetlands were delineated. An open house was held on June 26, 2018 to gather input from residents on the future of the park. An online forum and survey was also available. A good amount of input was received from residents to help guide the plan. At the Parks Commission meeting of August 15, 2018, three concept plans were presented for further discussion. A preferred concept plan has been drafted incorporating all of the input received on Clearwater Creek Preserve. The Parks Commission reviewed the plan at their September 19, 2018 meeting, and recommended approval of the plan as presented. Candace Amberg, Sr. Landscape Architect with WSB & Associates, will present the preferred concept plan to the City Council. L.1 Update on the Yellow Ribbon Network Council Member Chuck Haas and Phil Klein will report to Council on the Yellow Ribbon Network activities held recently. M.1 Xcel Energy Training Town Grand Opening Wednesday, October 17, 2018 Council has scheduled a meeting to attend the Xcel Energy Training Town Grand Opening on Wednesday, October 17, 2018 from 1-3 p.m. M.2 Lions Park Grand Opening Wednesday, October 17, 2018 Council has scheduled the Grand Opening of Lions Park for Wednesday, October 17, 2018, at 6:00 p.m. to celebrate the completion of the installation of new playground equipment. M.3 Historical Commission Those Were the Days Event Monday, October 22, 2018 The Historical Commission is holding a "Those Were the Days" event on Monday, October 22, 2108, from 5:30 — 8 p.m. The Commission is inviting the public to bring albums, photos, documents, and artifacts to City Hall. There will also be historical displays and artifacts out for viewing. Staff recommends Council schedule as a meeting if they wish to attend. MA Schedule Board of Canvass for Tuesday, November 13, 2018 at 3:30 p.m. General Election will be held on Tuesday, November 6, 2018, and the results of the voting need to be certified by the City Council acting as the Board of Canvass. The meeting needs to be held between 3rd and 1 Oth day following the election. Staff recommends Council schedule the Board of Canvass for Tuesday, November 13, 2018 at 3:30 p.m. M.5 Thank You for your Service Celebration Friday, November 16, 2018 A celebration is being held at the Hugo American Legion Banquet Hall on Friday, November 16, 2018, from 7-10 p.m. to honor the military, firefighters, police officers, non-profit organizations and volunteers in the community. Staff recommends Council schedule the "Thank You for Your Service" celebration as a meeting if they wish to attend. 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None Minutes D _ 1 HUGO CITY COUNCIL MEETING MOVIE NIGHT HANIFL FIELDS FRIDAY. SEPTEMBER 28.2018 — 6:30 P.M. The Hugo City Council attended Family Movie Night featuring the film Moana. The Washington County Sheriff's Department and the Hugo Fire Department were also there with their vehicles and equipment. Respectfully Submitted, Michele Lindau City Clerk 0c 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None Minutes a-D, HUGO CITY COUNCIL MEETING BBQ COOKOUT AND FUNDRAISER LIONS PARK SATURDAY, SEPTEMBER 29, 2018 NOON — 2 P.M. The Hugo City Council attended the free BBQ Cookout and Fundraiser held in Lions Park. The Cookout was sponsored by the Fry Group and exp Realty. Donations were accepted to benefit the Yellow Ribbon Network Respectfully Submitted, Michele Lindau City Clerk 00 14669 FbpraM Avenue North • Hugo, MN 55038 Call to Order Minutes U.3 HUGO CITY COUNCIL MEETING HUGO CITY HALL MONDAY, OCTOBER 1, 2018 — 7 P.M. Mayor Weidt called the meeting to order at 7:00 p.m. PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None ALSO PRESENT: City Administrator Bryan Bear, Community Development Director Rachel Juba, City Engineer Mark Erichson, City Attorney Dave Snyder, City Clerk Michele Lindau Minutes for the September 17, 2018 ChN Council Meeting, Klein made motion, Miron seconded, to approve the minutes for the City Council meeting held on September 17, 2018, as presented. All Ayes. Motion carried. Approval of the Aenda Weidt made motion, Klein seconded, to approve the agenda as amended to add a visitor presentation regarding Rice Creek Watershed District taxes, and a presentation on parking on 150t' Street and Generation Avenue. All Ayes. Motion carried. Forest Lake Area Schools 2018 Operating Le,, -I- Referendum — Superintendent Steve Masser The Forest Lake Area School District has an operating referendum on the November 6, 2018, ballot to revoke and replace its current levy. Steve Massey, Forest Lake Area Schools Superintendent, presented information on the 2018 Operating Levy Referendum and answered questions from the Council. Massey explained they were looking to increase the voter approved levy by $825 per pupil. This was largely due to a $25,000 gap in state funding. He said all districts have this gap and they face it by increasing their levy. The Forest Lake voter approved referendum had not been increased in 12 years. Instead, they have cut their budget by $7.5 million in the past four years. If approved, money would be spent on lowering class sizes, restoring previous cuts and reductions, and restoring services for struggling students and programs for advanced and gifted students. Steve stated that if the levy is not approved, the school board had discussed combining elementary schools, making further reductions in programs, increasing fees, and reducing staff. Klein made motion, Petryk seconded, to approve RESOLUTION 2018-29 RECOGNIZING THE IMPORTANCE OF THE FOREST LAKE AREA SCHOOLS OPERATING LEVY REFERENDUM. Hugo City Council Meeting Minutes for October 1, 2018 Page 2 of 8 Klein made motion, Hass seconded, to amend the motion to revise the resolution to include language asking voters to support the referendum. Motion on amendment - Ayes: Haas, Klein, Petryk, Weidt Abstained: Miron Motion carried. Vote on motion as amended - Ayes: Haas, Klein, Petryk, Weidt Abstained: Miron Motion carried. Approval of the Consent Agenda Weidt made motion, Miron seconded, to approve the following Consent Agenda: 1. Approval of Claims 2. Approve Annual Performance Review for Public Works Worker Adam Greeder 3. Approve Resignation of Community Development Intern Pierre Giguere and Approve Advertisement for Replacement 4. Approve Pay Request No. 2 for Oneka Lake Boulevard/Harrow Avenue Improvement Project 5. Approve Resolution Approving the Conditional Use Permit at 5725 148th Street North to Expand A Legal Non -Conforming Use — Kersten 6. Approve Release of Letter of Credit for Prairie Village 3rd Addition 7. Approve Release of Letter of Credit for Good Life Senior Living 8. Approve Proclamation for October Toastmaster Month All Ayes. Motion carried. Approval of Claims Adoption of the Consent Agenda approved the Claims Roster as presented. Approve Annual_ Performance Review for Public Works Worker Adam Greeder In 2007, Adam Greeder was hired by the City of Hugo as one of its summer seasonal maintenance workers in the Hugo Public Works Department. On October 6, 2008, Adam became part of the department as a full-time employee as an apprentice for the Public Works Maintenance Worker. Adoption of the Consent Agenda approved the annual performance review for Public Works Worker Adam Greeder. Hugo City Council Meeting Minutes for October 1, 2018 Page 3 of 8 Approve Resignation of Community Development Intern Pierre Giguere and Approve Advertisement for Replacement Pierre Giguere began employment with the City on June 5, 2018, as a Community Development Intern. Pierre had accepted a job offer at a land development company, and had submitted his letter of resignation. Adoption of the Consent Agenda approved the letter of resignation from Pierre effective October 6, 2018, and advertisement for replacement. A wrove Pay Request No.2 for Oneka Lake Boulevard/Harrow Avenue Improvement Proi ect The City of Hugo had received Pay Request No. 2 from North Valley, Inc. for the Oneka Lake Boulevard/Harrow Avenue Improvement Project. City Engineer Mark Erichson had reviewed Pay Request No. 2 and found it to be satisfactory for work completed to date on this project. Adoption of the Consent Agenda approved Pay Request No. 2 to North Valley, Inc. in the amount of $295,269.40 for work completed to date on the Oneka Lake Boulevard/Harrow Avenue Improvement Project. Approve Resolution Approving the Conditional Use Permit at 5725 148th Street North to Expand A Legal Non-Conforminy, Use — Kersten Scott Kersten had requested a Conditional Use Permit (CUP) for an expansion of a legal non- conforming auto body service station use at 5725 148th Street North. At its September 13, 2018, meeting, the Planning Commission held a public hearing and considered the request. There was no one that spoke during the public hearing except the applicant to provide background on the request. The Planning Commission agreed that the application met the criteria to approve the CUP to expand the legal non -conforming use and unanimously recommend approval. Adoption of the Consent Agenda approved RESOLUTION 2018-30 APPROVING A CONDITIONAL USE PERMIT FOR SCOTT KERSTEN TO ALLOW AN EXPANSION OF A LEGAL NON- CONFORMING INDUSTRIAL USE ON THE PROPERTY LOCATED AT 5725 148th STREET NORTH. Approve Release of Letter of Credit for Prairie Village 3rd Addition Prairie Village 3rd Addition had significant work completed and the Excelsior Group requested the City release the letter of credit. The letter of credit was in the amount of $139,300. Staff had inspected the work completed to date and the warranty periods had expired. Adoption of the Consent Agenda approved the release of the letter of credit for Prairie Village 3rd Addition. Approve the Release of Letter of Credit for Good Life Senior Living Good Life Senior Living had significant work completed, and the applicant requested the City release the letter of credit. The current letter of credit was in the amount of $40,000. Staff had inspected the work and found it to be satisfactory. Adoption of the Consent Agenda approved the release of the letter of credit for Good Life Senior Living. Hugo City Council Meeting Minutes for October 1, 2018 Page 4 of 8 Approve Proclamation for October Toastmaster Month The City of Hugo had been contacted by a member of a Toastmasters group in White Bear Lake requesting the City of Hugo proclaim the month of October as Toastmasters month. Adoption of the Consent Agenda approved the proclamation proclaiming October as Toastmasters Month. Approve Resolution and Letter of Support for Boundary Changes in the Browns Creek Watershed District and the Rice Creek Watershed District Rice Creek Watershed District (RCWD) had analyzed and identified certain discrepancies in the common boundary between the Brown's Creek Watershed District (BCWD) and the RCWD. The discrepancies arise because of differences between the boundaries as established by State order and the hydrologic boundaries as determined by modern mapping information. RCWD had conducted hydrologic boundary field investigation in January, 2018, and had developed a revised boundary for inclusion in a petition to the Board of Water and Soil Resources. MN Statute requires the petition be approved by the governing body and each watershed district having jurisdiction of the territory proposed to be changed. BCWD had reviewed and agreed with the revised hydrologic and legal boundary changes. The RCWD was requesting the City approve a resolution approving the letter of concurrence for changes to the watershed district boundaries. City Administrator Bryan Bear requested this item be removed from the Consent Agenda and tabled to allow RCWD to properly notify residents who would be affected by the changes. Weidt made motion, Klein seconded, to table this item until residents were notified. All Ayes. Motion carried. Approve Acceptance of the FEMA Assistance to Firefighters Grant (AFG) and Authorize Purchase of New SCBA Equipment for the Hugo Fire Department On September 7, 2018, the Hugo Fire Department was awarded an AFG Grant from FEMA in the amount of $160,833. This grant was awarded for the purchase of new SCBA air packs, bottles, and face pieces. Mayor Weidt removed this from the Consent Agenda to allow Assistant Fire Chief David Jensen to provide more information on the Grant. Jensen explained the process of obtaining the grant, which was very competitive. A requirement of the grant was that the City must contribute $8,041, a 5% match of the funds awarded. The new SCBA equipment will be purchased through the Houston -Galveston Area Council (HGAC). The last time the equipment was purchased was in 2004 with a FEMA grant. The equipment would be an upgrade with new technology including a voice amplification system, better batteries, display showing air bottle status, and higher heat resistance masks. Council congratulated and thanked the Fire Department for the efforts they put into getting funding for equipment. Weidt made motion, Klein seconded, to approve acceptance of the FEMA AFG Grant and authorize the purchase of new SCBA equipment for the Hugo Fire Department. All Ayes. Motion carried. Hugo City Council Meeting Minutes for October 1, 2018 Page 5 of 8 Assessments for Oneka Lake Boulevard/Harrow Avenue Street Improvement Project At its September 4, 2018, meeting, the Council adopted a resolution declaring costs to be assessed for the Oneka Lake Boulevard and Harrow Avenue Improvement Project and scheduled the hearing on the proposed assessments for this evening. The Notice of Assessment Hearing had been published in the official newspaper and mailed to the owners of each parcel described in the assessment roll. Engineer Mark Erichson presented a summary of the project, the assessment process, and related costs of the project. Mayor Weidt opened the public hearing. After hearing no comments, Weidt closed the public hearing. Petryk made motion, Miron seconded, to approve RESOLUTION 2018-31 ADOPTING ASSESSMENTS FOR THE ONEKA LAKE BOULEVARD AND HARROW AVENUE IMPROVEMENT PROJECT Ayes: Haas Klein Petryk Miron Weidt. Nays: None Motion carried. Approve IUP for Solar Farm on 16511 Street North At its September 17, 2018, meeting the Council considered an application from Fast Sun, LLC, for approval of an Interim Use Permit (IUP) for a solar farm to be located north of 165t' Street North and west of Henna Avenue North. Mayor Weidt had opened the meeting to take comments from the public. After discussion, Council directed staff to revise the IUP to include more frequent reviews, trees to be eight feet when planted and maintained, landscape to be setback 30-feet from west property line, chain link fence to be black vinyl coated, and the decommissioning plan to include a provision that insufficient funds would be assessed against the property. Community Development Director Rachel Juba explained that staff had updated the IUP per the discussion by the City Council and recommended approval of the IUP for the solar farm, subject to the conditions listed in the IUP. Council discussed the need to have the grass cut more often, and Rachel explained that staff would note that when reviewing the maintenance plan. They liked the taller trees and discussed the screening on the east side of the property line. Residents asked the trees be moved further to the west, but Council felt that would make it difficult to maintain the grass on the east. The Council agreed it would be best to locate the trees 30 feet from the property line, same as required on the west side. Klein made motion, Miron seconded, to approve RESOLUTION 2018-32 APPROVING AN INTERIM USE PERMIT TO ALLOW A SOLAR FARM ON PROPERTY LOCATED NORTH OF 165TH STREET NORTH AND WEST OF HENNA AVENUE NORTH, with changes discussed to move trees 30 feet from property line. Ayes: Miron, Petryk, Haas, Klein, Weidt. Nays: None Motion carried. Hugo City Council Meeting Minutes for October 1, 2018 Page 6 of 8 Approve Resolution Accepting Plans and Specifications and Advertisin for Bids for Water Tower No. 4 A Comprehensive Water Supply Plan completed in 2008 identified the need for additional water supply and storage. Later in 2008, a location study was completed to determine viable site(s) where both a water tower and well could be constructed. City Engineer Mark Erichson explained the City had then proceeded to find a parcel meeting necessary parameters and acquired the property on the south side of 125th street, approximately 1750-ft east of TH 61. Since that time, Well 46 was constructed on this site in 2010 and has been in operation since that time. The design and construction of the water tower was delayed due to the economic down turn that resulted in slower growth within the community. The City had continued to monitor water demand based on existing and projected use and identified the need to construct additional water storage at this time. Staff had completed the preparation of plans and specifications for the 1,500,000 gallon Water Tower No. 4 improvements. Mark explained that the tentative schedule for the water tower project was to receive bids in November 2018, with construction of piling and foundation work to start as early as late fall/early winter of 2018. Completion of the water tower improvements were anticipated to be the summer of 2020. Staff had recommended Council approve the plans and specifications and authorize advertisement for bids. There was discussion regarding the tower on 130t" Street and Fenway Boulevard. Erichson explained there was a substantial cost to rehabilitate the tower, and the new higher tower would allow operation with one system. Haas suggested using the old tower as a reservoir to store water from Clearwater Creek for reuse. Erichson further explained the leased space on the old tower would be relocated, and there was space at the base of the new tower to store the utilities inside so they would not be visible. Klein asked about connections to other cities, and City Administrator Bryan Bear explained that the township was in close proximity, and could possibility share when it's developed. Petryk said that she had talked with residents in the Fox Meadows Development, and there were concerns that some of the homes would be in the shadow of the tower. She asked how close the nearest house would be. Erichson estimated it to be about 400 feet, and stated the shadows would be minimal. He invited anyone with questions to contact the City. Miron said he had several residents ask about it during National Night Out Events. There were no upset comments, just curiosity. He asked about what future additional capacity the City would need to have in the system. Erichson responded there were many factors to consider and pointed out that the water reuse projects have delayed the investment in infrastructure. Bear commented that a driving factor is water pressure, which is very low in some areas. Miron made motion, Klein seconded, to approve RESOLUTION 2018-33 APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WATER TOWER NO. 4 IMPROVEMENT PROJECT Ayes: Klein, Haas, Petryk, Miron, Weidt Nays: None Hugo City Council Meeting Minutes for October 1, 2018 Page 7 of 8 Motion carried. Discussion on parking issues Kari McDermaid, 6110 150t" Street North, stated she was concerned about the parking along 150th Street and Generation Avenue stating only one car can pass through on the streets since cars are parked on both sides. There was also a vehicle with a 5"' wheel that had sliders extended on it that was parked on the dark corner and was hard to see at night. Weidt thanked her for coming forward, and Bear stated staff would follow up on this complaint. RCWD — Waller John Waller, 14010 Homestead Avenue, provided information on the 2018 Watershed District Tax by municipality. He stated that the District plans on increasing the budget, and he voted against it because not enough money is coming back to the city. He talked about the increase in the administrator's salary, but no increase in the money going back into Hugo. He talked about when the district was created in 1974. There were plans at that time to fix White Bear Lake, and taxes had been paid in and nothing was done. Waller stated he was asking the cities to look at what they are paying in to the system and find a way to have some oversight. Yellow Ribbon Network Update Council Member Chuck Haas and Council Member Phil Klein reported to Council on the Yellow Ribbon Network activities held recently. Haas shared photos including "thank yous" and a military family that received tickets to the Minnesota Wild game, which were donated by Keystone Place. They talked about the fundraiser BBQ held on Saturday, and Haas thanked the Fry Group. The YRN also received a thank you from the Veteran's Camp on Big Marine Lake for donations to their picnic. There was a military family youth hunt supported by Wild Wings, and he thanked all the contributors. Muller Memorial was the burger night sponsor, and there were 233 burgers served. White Bear Area Chamber Business Awards on Tuesday:, October 2, 2018 City Administrator Bryan Bear reminded Council that a meeting was scheduled to attend the 2018 Business & Achievement Awards on October 2, 2018, at the Keller Golf Course, 2166 Maplewood Drive, Maplewood. Registration begins at 11:30 a.m., and the program will be from 12:00 - 1:30 p.m. Manufacturing Day Open House at Wilson Tool on Friday, October 5, 2018 City Administrator Bryan Bear reminded Council that a meeting was scheduled to attend the Wilson Tool annual open house, in honor of National Manufacturing Day, on Friday, October 5, 2018, from 8:30 a.m. — 2:30 p.m. Fire Department Open House and Fun Run on Saturda%-, October 6. 2018 City Administrator Bryan Bear reminded Council that a meeting was scheduled to attend the Hugo Fire Department's Open House on Saturday, October 6, 2018, from 11 a.m. to 3 p.m. The Hugo City Council Meeting Minutes for October 1, 2018 Page 8 of 8 Fun Run begins at 9 a.m. Citywide Bus Tour on Saturda)!. October 6, 2018 City Administrator Bryan Bear reminded Council that a meeting was scheduled to attend the annual Citywide Bus Tour on Saturday, October 6, 2018. The bus will leave at 10 a.m. from Lions Park. Fall Cleanup on Saturday:, October 6. 2018 City Administrator Bryan Bear reminded Council that the Annual Fall Cleanup will be held on Saturday, October 6, 2018, from 8 a.m. to noon at the Public Works Building. Schedule Lions Park Pla3 -ground Grand OpeninL, for Wednesdm . October 17. 2018 City Administrator Bryan Bear informed Council that the work had been completed on the Lions Park playground, and he recommended a grand opening be scheduled for Wednesday, October 17, 2018, at 6:00 p.m. Petryk made motion, Miron seconded, to schedule the Grand Opening of Lions Park for Wednesday, October 17, 2018, at 6 p.m. All Ayes. Motion carried. Adjournment Miron made motion, Klein seconded, to adjourn at 8:50 p.m. All Ayes. Motion carried. Respectfully Submitted, Michele Lindau City Clerk Minutes CITY OF HUGO CITY COUNCIL MEETING WHITE BEAR AREA CHAMBER EST. 1906 BUSINESS & ACHIEVEMENT AWARDS 14669 Fitzgerald Avenue North • Hugo, MN 5503e TUESDAY, OCTOBER 2, 2018 11:30 A.M. —1:30 P.M. PRESENT: Haas, Klein, Petryk, Weidt ABSENT: Miron The Hugo City Council attended the White Bear Lake Business and Achievements Awards held at Keller Golf Course, 2166 Maplewood Drive, Maplewood, featuring guest speaker, Mark Lindquist. Included in the award ceremony were Schwieters Companies receiving the Business of the Year Award, retiring Town Clerk Bill Short receiving the Legacy Award, and Kevin McFarlane from Venburg Tire receiving the Business Person of the Year Award. Respectfully Submitted, Michele Lindau City Clerk 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Klein, Petryk, Weidt ABSENT: Haas, Miron Minutes D. HUGO CITY COUNCIL MEETING MANUFACTURING DAY OPEN HOUSE WILSON TOOL FRIDAY, OCTOBER 5, 2018 8:30 A.M. — 2:30 P.M. The Hugo City Council attended the Open House held at Wilson Tool, 12912 Farnham Avenue North, in honor of National Manufacturing Day. The event included lunch, tours, demonstrations, and career information. Respectfully Submitted, Michele Lindau City Clerk 14669 Fitzgerald Avenue North • Hugo, MN 55038 PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None Minutes 0, 6 HUGO CITY COUNCIL MEETING CITYWIDE BUS TOUR SATURDAY, OCTOBER 6, 2018 9:30 A.M. The Hugo City Council attended the Citywide Bus Tour which began at the pavilion at Lions Park, showcasing the new Lions Park playground equipment. The tour was approximately two hours and concluding in the Oneka Room at approximately noon with lunch. Respectfully Submitted, Michele Lindau City Clerk •. #e 14669 Fitzgerald Avenue North • Hugo, MN 55036 PRESENT: Haas, Klein, Miron, Petryk, Weidt ABSENT: None Minutes D.� HUGO CITY COUNCIL MEETING FIRE DEPARTMENT OPEN HOUSE SATURDAY, OCTOBER 6, 2018 1:00 P.M. Following the Citywide Bus Tour, Council attended the Fire Department Open House, which ran from 11 a.m. — 3 p.m. at the Hugo Fire Department. Respectfully Submitted, Michele Lindau City Clerk Vendor A-1 Tire Service Inc 51276 $ Advanced Graphix Inc 199209 $ Alert -All Cor i. 218090154 $ Anderson, Scott CLAIM $ Anderson, Scott CLAIM $ Arnt Construction Company Inc 30277 $ Aspen Mills 224017 $ Aspen Mills 224018 $ Ashen Mills 224019 $ Barthel Charter Inc B-2162 $ Big A-pple Bagels & MN Bread Co 17920 $ Bound Tree Medical LLC 82995602 $ Century College 340159 $ Century College 340159 $ Century College 340159 $ u Century College 340171 I $ Century College 340171 $ Centur, Link 651 429-3212 $ Century Link 651 653-1154 $ Cintas Corporation 5011897324 $ Cintas Corporation 2011897324 $ Clarey's Safety Equipment Inc 179119 $ Comcast 9/5/2018 $ 9/18/2018 $ ivc:mpanon Animal Control LLC_ August $ Cragun's Corporation 1197 $ Custom Car, & Tire LLC 270012146 $ Denaway, Shayla CLAIM $ Denaway, Shayla j CLAIM $ Denaway, Shayla CLAIM $ Denaway, Shayla _ CLAIM $ Denawav, Shayla CLAIM $ Dunn Bros Coffee 59119 $ Emergency Ar•naratus Maintenance Inc 101909 $ EPA Audio Visual Inc 901584 _ $ ESRI 93527270 $ ESRI 93527270 $ ESS Brothers & Sons Inc YY7344 $ ESS Brothers & Sons Inc YY7823 $ Fairview Health Services 75000961 $ Fast Signs of Maplewood EST-3851 $ _ Ferguson Waterworks 305193 $ Forest Lake Printing & Promotions 11743 $ Frattallone's Hardware Store 122888 $ Galls LLC 10707117 $ Gopher State One Call ! 8090466 $ Granicus Inc 98468 $ Halverson -Boyd, Gretchen CLAIM $ Hawkins Inc 4371818 $ Hisdahl Inc 16333 $ Hisdahl Inc 16482 $ HisdahlInc 16448 $ HisdahlInc 16552 $ Home Depot Credit Services 1592746 $ _ Home Depot Credit Services 5095002 $ Hugo Feed Mill 57178 $ Innovative Office Solutions LLC IN2216247 $ Innovative Office Solutions LLC IN2216247 $ Innovative Office Solutions LLC IN2216213 $ Jimmy's Johnnys Inc 138752 $ Kath Fuel Oil Service Co. 12320094 $ Laughlin's Pest Control 22229 $ Lawson Products O 6135545 $ League of Minnesota Cities 277341 $ League of Minnesota Cities 277341 $ Lindau, Michele CLAIM $ Menards 92579 $ Menards 92893 $ Menards 93514 $ City of Hugo Claims October 15. 2018 Description 265.00 Tire Repair - Unit #317 50.00 Removal of Vehicle Decals 587.50 Fire Department Open House Supplies 68.89 Fall Cleanup Day Supplies 240.00 2018 MN Fall Maintenance Expo Registrations (8) 72.00 Sand - Culvert Repairs 16.00 Patches 275.15 Class A Uniform 377.25 Class A Uniform 552.00 Bus Tour 380.65 Bus Tour Supplies 199.99 Medical Su-1-lies 125.00 Modern Fire Attack - Ryan Nadeau 125.00 Modern Fire Attack - Kevin Kriegshauser 125.00 Modern Fire Attack - Amy Kriegshauser 125.00 Modern Fire Attack - Ross Hoernemann 125.00 Modern Fire Attack - Rick Gregoire 73.05 Fire Station Phone Lines 58.78 SCADA Lines 83.06 First Aid Supplies 372.58 First Aid Supplies 21.75 Turnout Gear Cleaner 2.25 Business Internet (thru October 14) 155.77 Business Internet (thru October 27) 216.80 Monthly Service Charge 199.72 Lodging - Michele Lindau MCFOA Conference) 500.00 Tires - Unit #101 20.39 DVD for Movie Night 20.35 Movie Night Sw)plies 114.48 Tour de Hugo Mileage 19.44 Meeting Mileage 19.44 SHIP Meeting Mileage 41.78 Bus Tour Supplies 266.31 Parts - Unit #4221 285.00 Install Monitor - Council Chambers 700.00 ArcGIS Software Maintenance Fee 500.00 ArcGIS Software Maintenance Fee 1,073.00 Galvanized Pond Skimmer 22,100.00 Catch Basins 70.00 Employment Testing - Amber Lozier 50.42 Window Decals - PW Office Hours 1,845.08 PVC Pipe - Culvert Repairs 242.50 Burning Permit Forms 4.49 Hardware 10.99 Class A Uniform Cap Band 338.85 September Service Charges 5,092.32 Web Streaming Service (05/07/18 thru 04/30/19 130.00 Tour de Hugo Supplies 4,894.73 Water Chemicals 54.70 Par Tags & Locker Tags 7.35 Par Tags 168.00 Engraved Plates 83.25 Par Tags & Locker Tags 69.27 Meter Repair Tools 99.97 Mailbox (PW Bldg) 8.25 Keys for Well Houses 215.94 Copy Paper 58.22 Pens & Markers 614.38 Office Supplies 118.00 Portable Toilet Rental - Tour de Hugo 5,761.97 September Unleaded Gas & Diesel Purchases 85.00 September Pest Control Service (CH) 1,287.61 Bulk Hardware Supplies 45.00 Regional Meeting - Bryan Bear 30.00 MAMA Meeting - Bryan Bear 186.84 Mileage 241.75 Water Heater & Hardware - Well No. 3 E:ewash 48.46 Raingarden Supplies _ 25.76 Shop Supplies G. 1 Street Dept Fire De;:.t Fire Dept Recycling Public Works _ Stormwater Fund Fire Dept Fire Dept Fire Dept Administration Administration Fire Dept Fire Dept Fire Dept Fire Dept Fire Dept Fire Dept Fire Dept Water & Sewer Public Works Gen Gov't Bldgs Fire Dept _ Fire Dept Fire Dept Animal Control _ City Clerk Public Works Parks Dept Parks Dept _ Parks Dept Parks Dept Parks Dept Administration Fire Dept Audio/Video Community Development Engineering Stormwater Fund Stormwater Fund Finance & Water/Sewer Public Works Stormwater Fund Fire Dept Public Works Fire Dept Water & Sewer -Audio/Video Parks Dept Water Utility Fire Dept Fire Dept Fire Dept Fire Dept Water Utility Public Works Water Utility Administration Public Works Various Parks Dept Various Gen Gov't Bldgs Public Works Administration , Administration City Clerk Water Utility Gen Gov't Bldgs Public Works Page 1 City of Hugo Claims October 15, 2018 G. 1 Vendor Invoice Amount Description Department Miller Excavating Inc 26569 $ 30.00 Concrete Disposal Fee - Culvert Repairs Stormwater Fund Minnesota Cleaning Services Inc 1018P0l $ 605.00 September Cleaning Service Gen Gov't Bld,;s Minnesota Cleaning Services Inc 10181302 $ 500.00 September Cleaning Service Public Works Minnesota Cleaning Services Inc 1018P02 $ 225.00 September Cleaning Service Fire Dept Minnesota Cleaning Services Inc 1018P03 $ 100.00 September Cleaning Service -- Hanifl Parks Dept Minnesota State Fire Chiefs Association 200003164 $ 300.00 2018 Conference Registration - Dave Jensen Fire Dept Minnesota State Fire Chiefs Association 200003167 $ 300.00 2018 Conference Registration - Jim Compton Jr Fire Dept Minnesota State Fire Chiefs Association 200003167 $ 300.00 2018 Conference Registration - Kevin Colvard Fire Dept Minnesota State Fire Chiefs Association 200003175 $ 300.00 2018 Conference Registration - Doug Millard Fire Dept MN Fire Service Certification Board 6115 $ 350.00 Recertification (14) Fire Dept Northern Wholesale 1811 $ 298.13 Portable Ramps for Trucks Public Works Rapid Press Printing & Copy Center Inc 52059 $ 956.00 Tour de Hugo Supplies Parks Dept Safe -Fast Inc INV205968 $ 137.30 Safety Supplies Public Works Sam's Club 64721 $ 225.76 Fire Department Supplies Fire Dept Schifsky (T.A.) & Sons Inc 63590 $ 1,782.98 Asphalt Street Dept Schifsky (T.A.) & Sons Inc 63630 $ 751.20 Asphalt Street Dept Schroeder Process Automation LLC 1426 $ 298.28 Tech Labor - Lift Station No. 4 Sewer Utility Schroeder Process Automation LLC 1437 $ 298.28 Tech Labor - Lift Station No. 4 Sewer Utility Seat Covers Unlimited 245602U $ 286.85 Seat Covers - Unit #109-15 Street Dept SiteOne Landscape Supply LLC 86748375-001 $ 82.18 Backpack Sprayer Parks Dept SiteOne Landscape Sub IrLLC 86748375-0_01 $ 140.03 Grass Seed Parks Dept Stabner Electric LLC_ 1109 $ 322.00 Install Eyewash Water Heater - Well No. 3 Water Utility Stepp Mfg 54568 $ 332.62 Parts - Unit #308 Street Dept Summit Companies _ 1307453_ _ $ 319.00 Annual Fire Extinguisher Inspection fire Dept Terrys Repair Co 2458 $ 107.20 Parts - Unit #317 Street Dept Terry's Repair Co 2496 $ 53.00 Mount & Balance Tires - Unit #101 Public Works The First &giis of Fire S18.0440 _ $ 185.60 Equipment Markers Fire Deot Toshiba Financial Services 68816142 $ 175.23 October Copier Lease Payment Fire Dept Toshiba Financial Services 68816142 $ 3.80 Overage Charges (B & W) F;r€ Dept Toshiba Financial Services 68816142 $ 16.22 Overage Charges (Color) Fire Dept Tri-State Bobcat A48102 $ 762.04 Parts - Unit #304-B Street Dept Uline 101580209 $ 175.31 Plastic Bags (Water Meter Kits) Water Utility Verizon Wireless 9814895208 $ 40.02 Cellular Phone Charges Fire Dept Washington County 146136 $ 4,300.86 800 Radio User Fees - July thru September Fire Dept Weidt, Kim 9/22/2018 $ 75.00 Tour de Hugo Supplies Parks Dept White Bear Plumbing Inc 3196 $ 376.00 Restroom Repairs ;FH} Fire Dept Winnick Supply 370944 $ 264.00 Culvert Aprons - Goodview Ave Stormwater Fund WSB & Associates August $ 103,970.25 Engineering Fees - See Attached Breakdown Various Zep Sales & Service 9003707086 $ 381.39 Floor Cleaning Supplies Public Works Zerorez 411172 $ 484.60 Carpet Cleaning Fire Dept Total Claims for October 15, 2018 $ 173,053.61 Page 2 co C C. > m N N A N c c N W A Ic6 R R N R W 1c0 lc0 M l=0 lc0 c m m m m m m M. m m m m m �m m m m m m m m m 9m m m m i j i i I i i �: i Ii iiV W W W W W W W W W W W W W W (0 iW Wmm m m mW pp m 1m m_ m m m mm mm m m m rm m Sm m Im Lm `m m m m m mT o m im m '--.i 1 1 O• O- N N N us ON .O d G O i O C O O N O ` N O O- O O N O N O O O K N tV 00 w N 0 00 A 2 M j w 10 09 O N O N N N t0 N M, A N m h N O O e► r. 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OD M: O! v cm N C N qr M zm N A c N N N t7 co U) M N O- N r 090 r fl! tl} Vl 4% <N' tm to w tR d/ V) di M' i N 4& M di to O Vi A N M Hf O 4* j I I e r e C G W S `` " .� `L L or M L L al L m "IP .4 `a`� m m e eW cw e t mc O w O w O w G O Lw IS Le ID w L L w .c w .c '.. w c w. t: t` m L6 W L L t L t c wp C O O C O v v W Q L O ? 01 > = > S OO W V W O W O W W 2 C9m W= W W= W =S W W>>_ O O O O O O c, cmO, O O O O O. O O C, O O O C,r O O O CC,' O Ql N r O O 0 N 0 T 0 O 0 0 � O .q 4 0 o g q c? 0 0 0 o r o 4 r eo a O tb M W NG r h ON 0M00 0f` 1r00f wN OOs 0 OOq. N V O N _O CM N — 0 O0M O CD ND .AH M N r O. r O r O r O r O r O r O r. O r O r O r r r r r O. O O O O r Q r O r 4 O O r O r O O O O O r q Q: C: C- 0' C C C C C C OC C K C C C o C O o C' 1 i Ci i IFF-I 1 , :IiIi � if� m a °' a i 2 o u LL m IL > v m o C o to .2 a7� E m c °� = v aa�i `° c W m4 v'c E .o f7! p, y m „ 9 C, C w o 7 1" m L E N � c tV e H m W W c? ac r+ c W m. '� 0m � W W am 'C d E � y ��Q V w Q it c a. c to v) m O' 2 4,O o J J �' � E E aW. w o a w v im`}pr Oo m Go. 00 W co . W m C m a c O_ E C C O r o H N N a a u w I� L c� 2 0 0 0 O O O O G O O 0"O C O C7 t7 C7 t.7 C9 C7 C9 O ' C9 U' t9 ====1===_______ w' Y 3 C M `T2 C 7 O O f%l O m° u g o E m E L m m Q ~ w m y o Y m { L A O aI- F c 3 a 3 3 w O O O O. O 0 0 O Contract Number: 19-EMWREP AGREEMENT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE 2019-2021 EAST METRO WATER RESOURCE EDUCATION PROGRAM A. PARTIES This Agreement is made and entered into by Washington Conservation District, hereinafter referred to as HOST, and members of the East Metro Water Resource Education Program, hereinafter referred to individually as a PARTNER. A PARTNER is defined as an entity that executes this agreement, and this Agreement provides for the withdrawal or addition of PARTNERS to the East Metro Water Resource Education Program. Eligible PARTNERS include watershed organizations and municipalities partially or wholly within Washington County. B. PURPOSE WHEREAS, the PARTNER and the HOST have a common objective of educating the citizens of the Twin Cities east metro area about water resource, stormwater, and groundwater management in order to improve water quality; and WHEREAS, the PARTNER has identified a need for education assistance; and WHEREAS, 8 watershed organizations in Washington County have education components in their respective watershed management plans; and WHEREAS, 25 communities, including multiple watersheds and the County, in Washington County are required to obtain a Municipal Separate Storm Sewer System (MS4) Permit from the Minnesota Pollution Control Agency (MPCA), which requires nonpoint source pollution education; and WHEREAS, the PARTNER agrees it is in its best interest to define its respective responsibilities and obligations; and WHEREAS, the PARTNER agrees that collaborative efforts are needed to more effectively and efficiently deliver water resource education and meet MS4 permit education requirements; and WHEREAS, the PARTNER requests assistance from the HOST to implement the policies specified in MINN. STAT. §§ 103A.206; and WHEREAS, the HOST is authorized to enter agreements to provide such assistance pursuant to MINN. STAT. §§ 103C.331, SUBD. 3 and 7. NOW, THEREFORE, the PARTNER agrees as follows: C. TERM OF CONTRACT The term of this agreement shall be from January 1, 2019 to December 31, 2021 unless extended or terminated earlier as provided herein. D. MEMBERSHIP STRUCTURE In accordance to the program goals of collaboration and partnership, entities may become a PARTNER by signing the Signature Page at the end of this Agreement. A new PARTNER shall apply to the HOST and sign a separate contract and its signature page shall be attached to the original document. The HOST will coordinate with each PARTNER, update the project budget, and distribute it to each PARTNER. 2019-2021 Shared Water Resource Education Program Agreement Each PARTNER will assign a member to the Steering Committee of the East Metro Water Resource Education Program. This Committee will assist the Shared Water Resource Educator and HOST to prepare the Annual Workplan, Annual Budget, and Annual Report. A Membership Summary will be included in the Annual Report prepared by the HOST. E. SCOPE OF SERVICES The HOST will perform for the PARTNER the services and furnish and deliver work products generally described in Exhibit A, attached and made part of this agreement. Services for a specific PARTNER will be defined in the Annual Workplan developed as described in Exhibit A. PARTNER -specific services will constitute approximately 15% of the total Annual Workplan. Eighty-five (85) percent of the total Annual Workplan will be committed to shared, multi jurisdictional benefit educational activities. F. COST In full consideration for services under this agreement, the PARTNER shall provide its portion of the annual costs to the HOST in accordance with the executed Signature Page at the end of this Agreement. The total annual budget for the program is as shown in Exhibit B with contributions outlined in Paragraph G. If all PARTNER contributions total less than the Total Budget, educational material expenses not otherwise paid for will not be incurred. PARTNER's annual contribution may be increased from the amount stated in the Signature Page at the end of the Agreement only with approval of PARTNER's governing body. In the case that overall contributions of funding from all of the PARTNERS exceeds the budget in Exhibit B by less than 20%, the excess contributions will be used to fund additional educational materials or support staff. Once the revised overall funding contribution from all of the PARTNERS exceeds the budget in Exhibit B by 20%, the PARTNERS have the option of having their proportional amount of the excess budget refunded or can direct the funds to be used for EMWREP activities. G. FUNDING STRUCTURE Each PARTNER is suggested to contribute annually in accordance with the following funding structure: County: $12,800/year Small Watershed Districts (Taxable Market Value < $1 Billion): $12,800/year Medium Watershed Districts (TMV $1-5 Billion): $19,300/year Large Watershed Districts (TMV >$5 Billion): $25,000/year Watershed Management Organizations: $6,300/year Large MS4 Cities: $2,700/year (Population > 5,000) Small MS4 Cities: $700/year (Population < 5,000) In -kind matches from existing educational staff from within partner organizations are also encouraged. The WCD shall provide $12,800 of in -kind match to the program per year. As shown in Exhibit B, PARTNER contributions will be reviewed and adjusted on an annual basis, as needed. H. PAYMENTS 1. The services in Exhibit A provided by the HOST will be billed in accordance to Exhibit B. Invoices will be sent on a quarterly basis and will summarize the work performed. Invoices are payable within 60 days. 2. Office supplies, in-house reproduction expenses, and transportation are included in the overhead noted above. Out source reproduction, special bulk mailings and other direct costs beyond the actual current budget as established in accordance with the Annual Workplan (the combined 2019-2021 Shared Water Resource Education Program Agreement contributions of each PARTNER) noted in Paragraph F are to be reimbursed at actual cost with prior approval from the PARTNERS. I. EQUAL EMPLOYMENT OPPORTUNITY- CIVIL. RIGHTS During the performance of this Agreement, the HOST agrees to the following: No person shall, on the grounds of race, color, religion, age, sex, disability, marital status, public assistance, criminal record, creed or national origin, be excluded from full employment rights in, be denied the benefits of, or be otherwise subjected to discrimination under any program, service, or activity under the provisions of and all applicable federal and state laws against discrimination including the Civil Rights Act of 1964. J. STANDARDS The HOST shall comply with all applicable Federal and State statutes and regulations as well as local ordinances now in effect or hereafter adopted. Failure to meet the requirements of the above may be cause for cancellation of this contract effective the date of receipt of the Notice of Cancellation. K. DATA PRIVACY All data collected, created, received, maintained, or disseminated, or used for any purpose in the course of the HOST's performance of the Agreement is governed by the Minnesota Government Data Practices Act, Minnesota 1984, Section 13.01, et seq. or any other applicable state statutes and state rules adopted to implement the Act, as well as state statutes and federal regulations on data privacy. The HOST agrees to abide by these statutes, rules and regulations and as they may be amended. L. AUDITS, REPORTS, AND MONITORING PROCEDURES The HOST will: 1. Maintain records that reflect all revenues, cost incurred and services provided in the performance of the Agreement. 2. Agree that the County, the State Auditor, or legislative authority, or any of their duly authorized representatives at any time during normal business hours, and as often as they may deem reasonably necessary, shall have access to the rights to examine audit, excerpt, and transcribe any books, documents, papers, records, etc., and accounting procedures and practices of the HOST which are relevant to the contract. The annual audit conducted for the Washington Conservation District that includes EMWREP activities. lu �-IklL17 010 1010 11.1 No party to this Agreement agrees to be responsible for the acts or omissions of another, its agents, officials, contractors or employees within the meaning of Minnesota Statutes section 471.59, subdivision la. Each PARTNER and HOST will hold harmless, defend and indemnify all other parties to this Agreement, their officers, board members, employees and agents for any and all damage, liability, cost or claim (including reasonable attorneys' fees) to the extent it is the result of its negligent act or of another action or inaction that is the basis for its liability in law or equity. The PARTNER agrees to provide proof of contractual liability insurance upon request. This paragraph does not constitute a waiver or otherwise diminish, any statutory or common law defense, immunity or limit on liability any PARTNER or HOST may enjoy as against any third party. N. INDEPENDENT CONTRACTOR 2019-2021 Shared Water Resource Education Program Agreement It is agreed that nothing herein contained is intended or should be construed in any manner as creating or establishing the relationship of co-partners between the parties hereto or as constituting the HOST as the agent, representative, or employee of PARTNER organization for any purpose or in any manner whatsoever. The HOST is to be and shall remain an independent contractor with respect to all services performed under this Agreement. The HOST represents that it has, or will secure at its own expense, all personnel required in performing services under this Agreement. Any and all personnel of the HOST or other person, while engaged in the performance of any work or services required by the HOST under this Agreement, shall have no contractual relationship with the PARTNER and shall not be considered employees of the PARTNER. O. MODIFICATIONS Any material alteration or variation shall be reduced to writing as an amendment and signed by the parties. Any alteration, modification, or variation deemed not to be material by written agreement of the HOST and the PARTNER shall not require written approval. Contract extensions will be handled as a material alteration. P. MERGER It is understood and agreed that the entire agreement of the parties is contained here, except as modified during the term of the Agreement by a writing under Paragraph O above concerning a non -material change, and that this contract supersedes oral agreements and negotiations between the parties relating to this subject matter. All items referred to in this contract are incorporated or attached and deemed to be part of the contract. Q. TERMINATION This Agreement will commence when executed by HOST and all PARTNERS and will continue until terminated. The Agreement will commence with respect to each additional PARTNER on that PARTNER' S execution of a signature page acceding to the terms of the Agreement. This Agreement will terminate immediately upon completion of the activities enumerated herein and the program duration expires. Any party to this Agreement may withdraw participation on an agreement -year basis with 60 days written notice to HOST prior to the annual anniversary date of the Agreement, with the actual termination date falling on the anniversary date. Pro -rated contributions will be returned to the terminated or terminating PARTNER. The HOST will promptly notify all PARTNERS of any PARTNER's termination. Termination by any one PARTNER will not constitute the termination of this Agreement. If HOST determines that PARTNER termination has resulted in inadequate funds to deliver the work products generally described in Exhibit A, the HOST will terminate the Agreement effective the anniversary date unless adequate funds can be procured. Termination by the HOST will constitute termination of this Agreement in whole and pro -rated contributions will be returned to each PARTNER. R. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY All property of the HOST or a PARTNER used, acquired or created in the performance of work under this Agreement, including documents and records of any kind, shall remain the property of the HOST and the PARTNER providing the property. The HOST and PARTNERS shall jointly own and each party has the individual right to use, sell, license, publish, or otherwise disseminate any product developed in whole or in part during the performance of work under this Agreement. Durable goods purchased by the HOST, such as office equipment and computers, shall remain the property of the HOST. 2019-2021 Shared Water Resource Education Program Agreement CONTRACT BETWEEN WASHINGTON CONSERVATION DISTRICT AND MEMBERS OF THE EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST: Washington Conservation District PARTNER: City of Hugo Annual Contribution Amount: $2,700 Contract start date: January 1, 2019 IN TESTIMONY WHEREOF the parties have duly executed this agreement by their duly authorized officers. APPROVED: PARTNER IM Title l l t10 Approval as to form and execution: Date KIRV BY: Board Chair Date BY: WCD Manager Date 2019-2021 Shared Water Resource Education Program Agreement EXHEBIT A SCOPE OF SERVICES EAST METRO WATER RESOURCE EDUCATION PROGRAM HOST responsibilities: 1. Hire, .employ and supervise the Water Resource Educator/s that will successfully serve the education needs as prescribed herein. 2. Obtain financial reimbursement from each PARTNER as prescribed in this agreement. 3. Work in good faith to achieve the goals identified in this agreement. 4. Maintain a strict accounting of all financial transactions. 5. Develop and disseminate annual summaries of accomplishments and budgetary analysis to partners of the East Metro Water Resource Education Program. 6. Provide office space, office furniture, computer, transportation, and phone. Equipment purchased by the HOST will remain the property of the HOST following the term of this agreement. PARTNER responsibilities: 1. Provide a single representative to the Steering Committee of the East Metro Water Resource Education Program. This person shall actively participate in the Steering Committee and assist in employee selection, Annual Workplan Development, and other tasks as needed. 2. Provide funds for the East Metro Water Resource Education Program described herein. 3. Provide appropriate and timely feedback to the HOST manager regarding the performance of the Water Resource Educator/s. 4. Share equipment, staff, and educational resources to facilitate Education Program planning and implementation. 5. As initiated by the HOST, discuss the progress of the Water Resource Educator/s and agree to take any action that is appropriate to ensure the successful fulfillment of project objectives. 6. Work with the Water Resource Educator/s to ensure that services are being used to address high priorities at the local level. Water Resource Educator/s responsibilities: 1. Prepare, coordinate, and revise East Metro Water Resource Education Program Plan annually with the Steering Committee of the East Metro Water Resource Education Program. 2. Review and advise watershed district PARTNERS annually on educational aspects of their watershed district plans. 3. Develop annual plan of work with the Steering Committee of the East Metro Water Resource Education Program. Workplan will reference Washington County MS4 education programs and watershed district PARTNERS education plans. 4. Implement annual work plan, including planning, implementing, evaluating, and reporting on such anticipated activities as presentations, workshops, in -field training, demonstration projects, and published materials. 5. Pursue grants and other funding sources to enhance the East Metro Water Resource Education Program. 6. Coordinate with "Watershed Partners" and other entities conducting water resource education efforts to minimize overlap and maximize effectiveness. 7. Maintain educational information for web -based East Metro Water Resource Education Program. 8. Presents papers as appropriate at professional meetings within Minnesota. 9. Prepare annual education report (which meets MS4 requirements) and conduct shared MS4 annual meetings for participating East Metro Water Resource Education Program members 2019-2021 Shared Water Resource Education Program Agreement EXHIBIT B BUDGET Shared Water Resource Education Program - Washington Conservation District Annual Budget Staff Support and Overhead Expenses Materials Total $144,200 $10,000 $154,200.00 MEMBERSHIP STRUCTURE AND FUNDING CONTRIBUTIONS* * PARTNER contributions will be reviewed and adjusted on an annual basis, as needed and in accordance with the terms of the Agreement. PARTNER Annual Contribution SWWD $25,000 VBWD $19,300 BCWD $19,300 CLFLWD $19,300 CMSCWD $12,700 RWMWD $12,700 RCWD $3,000 Washington County $12,800 MSCWMO $6,300 Cottage Grove $2,700 Forest Lake $2,700 Lake Elmo $2,700 Hugo $2,700 Oakdale $ 2,700 Stillwater $2,700 Woodbury $2,700 Dellwood $700 Grant $700 Newport $700 Oak Park Heights $700 St. Paul Park $700 West Lakeland $700 Willernie $700 TOTAL $154,200.00 2019-2021 Shared Water Resource Education Program Agreement G.'1 CITY OF EST. 1906 s- 14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mmus Snowmobile Trail Application t Iicant/Or anization: /qLr'� D �� � j C 1 LA ppg - - Contact Person: v o n /'� `- U06+ik� Address: 1E [ 170 E-v Phone - Home (bpi ] �J 3" oZDD�o _Cell ( ] Yfig'-" /'5 ; Email List City streets on which snowmobiles are being requested to operate or provide map: The following information must be attached to the application: • Clearly identify the person or group applying for the trail permit and include the address and daytime phone number of a contact person. • The street addresses of all property owners that abut the proposed route and written consent from property owners upon whose land the trial crosses for the construction, maintenance, and operation of the trail. • A development and operations plan for the proposed trail. • A map clearly identifying the proposed route of the trail, indicating its alignment, width, relationship to public road right-of-ways, and connections to other rails and destination points. • A map delineating any obstacles on or adjacent to the proposed route that may become a hazard to snowmobiles or others including, but not limited to: fire hydrants, fences, driveways, mailboxes, signs, structures, utility poles, transformers, sidewalks, or trails. • A statement as to who shall be liable for injury or property damage resulting from the construction, maintenance and use of the trail, together with evidence of the responsible parties financial ability to provide such insurance or other security necessary to protect the City from financial loss. (Sig ture) (Date) 'SAV 9UOISA4 - -GAV IIOSJOt)Ul -9AV -P73el. eWQH 00 0 -6 ci.i cc C5 ui NO — AW co -6 0 0 cc U) %.j co CC 1. Z LU z -OAV MeIAPOOE) CD -6 C) co CITY C)F 14669 Fitzgerald Avenue North, Hugo, MN 55038 • (651) 762-6300 • www.ci.hugo.mmus HUGO Lrf s �sT. iyas Snowmobile Trail Application Applicant/Organization; ieg �� 7 W oT -sdC Contact Person: Address: 3 �� Phone - Home ( 1 III i d�. Email ��Cf�rP�to���. r4#1 X/ea '/1t��i��C�� ` List City streets on which snowmobiles are being requested to operate or provide map: The following information must be attached to the application: • Clearly identify the person or group applying for the trail permit and include the address and daytime phone number of a contact person. • The street addresses of all property owners that abut the proposed route and written consent from property owners upon whose land the trial crosses for the construction, maintenance, and operation of the trail. • A development and operations plan for the proposed trail. • A map clearly identifying the proposed route of the trail, indicating its alignment, width, relationship to public road right-of-ways, and connections to other rails and destination points. • A map delineating any obstacles on or adjacent to the proposed route that may become a hazard to snowmobiles or others including, but not limited to: fire hydrants, fences, driveways, mailboxes, signs, structures, utility poles, transformers, sidewalks, or trails. • A statement as to who shall be liable for injury or property damage resulting from the construction, maintenance and use of the trail, together with evidence of the responsible parties financial ability to provide such insurance or other security necessary to protect the City from financial loss. (Signature) (Date) .i. I - I- T. li �� • R I .y � _ � Z ��d r7 . a - YbE fl V � ' ' t - a �.-+ p. •1 J apy i6 a m tl � a;.wg ~1 `a � y. z�''�c !�t s1 ra_ k siE z 3_. ��'�I f. rya u•n �mR 6E �Yvr'Iw ugmJ .14� 9i= � •��T��, �..,�. � '-� g amd M w>•' �+P.niwBaz� �a y a rR g „ x '�'� �. � g � �r y� 56 a1 i r _T„7 R - u R*y.^ �� y i jj O i <>8'`8 `i `� �' '�d� r ���• � ��� ^sue �s � �� y �..,� } a � V� Pill 4 13 t 'o g c sj y l ail .1 tlf F�.S u'iveai #a '1'II KTa @ - � e -' t:�'.-�► tle f£ uV� rem �. A s V�l F P , Y I �� � ♦• t+y ;sa xr mi AO z ❑s I``W na kni ra Wit, • � ml rim 'qdp „�'� � � -'� = - U rc � �: n r- - r. >C ri rra � s l .� _,. C a :}4-j o � N say �j � _ .. •v r1 iMr, °b F`'�._I CYrl ' b = Wes, •' W 61g] al q 7 h .- --a 6f a sal a nt A-1 d •G q� `U b rfll h W U ZZ it . 0 R JrW.M 66 NdB o s6u as �+°�.`�t� k r`. o F3 +aiy9 MINNESOTA LAWFUL GAMBLING LG230 Application to Conduct Off -Site Gambling ORGANIZATION INFORMATION Organization Name: Merrick, Inc. Address: 3210 Labore Road Chief Executive Officer (CEO) Name: John W. Barker Gambling Manager Name: Wend;,, L. Busch 6/15 Page 1 of 2 No Fee License Number:00264 City.. Vadnais Heights _ , MN zip: 55110 Daytime Phone: 651-789-6200 Daytime Phone: 651-238-6871 GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. From 10/22/ 18 to 10/22/18 Check the type of games that will be conducted: �Raffle �Pul!-Tabs F]Bingo ❑Tipboards GAMBLING PREMISES Paddlewheel Name of location where gambling activity will be conducted: Hugo American Legion Post 620 Street address and City (or township): 5383 140th Street N. Zip: 55038 Count y: • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). Does your organization own the gambling premises? Yes If yes, a lease is not required. �✓ No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement Is not required for raffles) Rent to be paid for the leased area: $0 (if none, write "0") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lessor's Signature: Print Lessor's Name: CONTINUE TO PAGE 2 Date: LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL for a gambling premises located within city limits City Name: Date Approved by City Council: Resolution Number: (If none, attach meeting minutes.) Signature of City Personnel: Title: COUNTY APPROVAL for a gambling premises located in a township County Name: Date Approved by County Board: -- Resolution Number: (If none, attach meeting minutes.) Signature of County Personnel: Date Signed: I Title: Local unit of government must sign. TOWNSHIP NAME: Date Signed: Complete below only if required by the county. On behalf of the township, I acknowledge that the organization is applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, Subd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in this applicatio 0 _ h� Signature of CEO ( O'�si natulre; designee Wray not sign) Date J Mail or fax to: No attachments required. j Minnesota Gambling Control Board Suite 300 South Questions? Contact a Licensing Specialist at 651-539-1900. 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The Information requested on this form (and any attachments) will be used by the Gambling Control Board (Board) to determine your organization's qualifications to be involved in lawful gambling activities in Minnesota. Your organization has the right to refuse to supply the information; however, if your organization refuses to supply this information, the Board may not be able to determine your organization's qualifications and, as a consequence, may refuse to issue a permit. If your organization supplies the information requested, the Board will be able to process your organization's application. Your organization's name and address will be public information when received by the Board. All other information provided will be private data about your organization until the Board issues the permit. When the Board Issues the permit, all information provided will become public. If the Board does not issue a permit, all information provided remains private, with the exception of your organization's name and address which will remain public. Private data about your organization are available to: Board members, Board staff whose work requires access to the information; Minnesota's Department of Public Safety; Attorney General; commissioners of Administration, Minnesota Management & Budget, and Revenue; Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other Individuals and agencies specifically authorized by state or federal law to have access to the information; Individuals and agencies for which law or legal order authorizes a new use or sharing of information after this notice was given; and anyone with your written consent. An equal opportuiry employer Michele Lindau From: Kevin Colvard Sent: Tuesday, October 09, 2018 7:19 PM To: Michele Lindau Cc: Bryan Bear, Jim (Jr) Compton; Dave Jensen Subject: FW: Resignation and Thanks Michele Please put on the next council agenda, approval of Andy Luchsinger's resignation. Thanks Kevin From: Andrew Luchsinger [mailto:apluchsinger@gmail.com] Sent: Tuesday, October 9, 2018 2:08 PM To: Kevin Colvard Subject: Resignation and Thanks Dear Chief Colvard, I regretfully submit my resignation to the Hugo Fire department effective immediately. Family and career demands have taken up more of my time and I cannot fully commit to the requirements of the department. I thank you for the time and for the opportunity to serve with such fine individuals. I appreciate all of the work the department does and wish it the very best. Sincerely, Andy Luchsinger Andy Agenda Number: H.1 CITY OF HUGO COMMUNITY DEVELOPMENT DEPARTMENT MEMORANDOM TO: Bryan Bear, City Administrator FROM: Rachel Juba, Community Development Director SUBJECT: Alternate Commission Members DATE: October 11, 2018, for the City Council meeting of October 15, 2018 1. BACKGROUND: At their August 6, 2018 meeting, the City Council discussed the use of an alternate members on City of Hugo Commissions. They directed staffto meet with the Commissions to discuss revising ordinances and/or bylaws to allow alternate members on the Commissions. Staff has meet with the Parks Commission, Planning Commission, and Economic Development Authority (EDA). All of the Commissions have agreed to generally the same language to amend its ordinances and/or bylaws to allow alternate Commission members. 2. ALTERNATE COMMISSION MEMBERS: The Commissions consist of seven commission members to serve the listed duties required within each commission. A quorum of at least four commission members is required to allow the commission to make motions/recommendations on important decisions. It is acknowledged that commission members are volunteers and may be absent from time to time due to various reasons. However, the commission must still be able to perform its duties with an absence of regular members. This can be made possible through the use of an alternate commission member. In order for an alternate member to be informed about the current topics being discussed, it will be encouraged that they attend all regular meetings. In the event in which there is a planned or unplanned absence of a regular member within the Commissions, an appointed alternate commissioner will be present to temporarily fill the position of the absent member. This alternate member will assume all powers held by a regular Commission member including the ability to place votes. They will be able to discuss all matters at each meeting, but can only vote if a regular member is absent. 3. CONCLUSION: Currently, the use of an alternate member is not mentioned within the Parks Commission or the Planning Commission ordinance. Staff has drafted an amendments to the ordinance to allow the use of alternate members on the Commissions. The EDA membership structure is not included in a section of the City Code, however it is in their bylaws. Staff drafted an amendment to the bylaws to allow the use of alternate members on the Commission. At its August 21, 2018, meting the ED ^ passed a resolution approving the amendments to the bylaws. 4. STAFF RECOMMENDATION: Staff recommended approval of the draft ordinance and bylaw amendments to the Commissions. 5. RECOMMENDATIONS: At its September 19, 2018, meting The Parks Commission reviewed the amendments. The Parks Commission recommended approval to amend the ordinance to allow an alternate member. At its September 13, 2018, meting the Planning Commission reviewed the amendments. Planning Commission recommended approval to amend the ordinance to allow an alternate member. 5. ATTACHMENTS: • Draft Ordinances • Approving EDA Resolution • Draft amendment to Sec. 90-31 Planning Commission ordinance (red -lined) • Draft amendment to Sec. 90-31 Parks Commission ordinance (red -lined) • Draft amendment to EDA bylaws (red -lined) ORDINANCE 2018- CITY OF HUGO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA, AMENDING CHAPTER 2- ADMINISTRATION, ARTICLE V- BOARDS AND COMMISSIONS, DIVISION 3- PARKS, RECREATION, AND OPEN SPACE COMMISSION, SECTION 2-197 ORGANIZATION AND MEMBERSHIP THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 2- ADMINISTRATION, Article V- BOARDS AND COMMISSIONS, Division 3-PARKS, RECREATION, AND OPEN SPACE COMMISSION, SECTION 2-197 — ORGANIZATION AND MEMBERSHIP to read as follows: (C) One alternate member shall be appointed by the Mayor and approved the City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. Section 5. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 6. Effective Date. These amendments shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON October 15, 2018. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk ORDINANCE 2018- CITY OF HUGO WASHINGTON COUNTY, MINNESOTA AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA, AMENDING CHAPTER 90 — ZONING AND LAND USE, ARTICLE II — ADMINISTRATION AND ENFORCEMENT, SECTION 90-31 PLANNING COMMISSION THE CITY OF HUGO ORDAINS: Section 1. The City Council of the City of Hugo does hereby amend Chapter 90- ZONING AND LAND USE, Article II- ADMINISTRATION AND ENFORCEMENT, SECTION 90-31 PLANNING COMMISSION to read as follows: (6) One alternate member shall be appointed by City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. Section 5. Severability. In the event that a court of competent jurisdiction adjudges any part of this Ordinance to be invalid, such judgment shall not affect any other provision of this Ordinance not specifically included with that judgment. Section 6. Effective Date. These amendments shall take effect upon its passage and publication. ADOPTED BY THE HUGO CITY COUNCIL ON October 15, 2018. Tom Weidt, Mayor ATTEST: Michele Lindau, City Clerk RESOLUTION 2018-1 A RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF HUGO FOR AND AMENDMENT TO THE EDA BYLAWS TO ALLOW ALTERNATE MEMBERS WHEREAS, the City of Hugo Economic Development Authority has bylaws that outline procedures, meetings, and membership of the Authority; WHEREAS, the City of Hugo Economic Development Authority has the right to amend its by-laws by resolution; WHEREAS, the City of Hugo Economic Development Authority has the desire to allow alternate members to the Authority under specific circumstances, WHEREAS, City of Hugo Economic Development Authority has amended the by-laws to including the following: Section 9. One alternate member shall be appointed by the City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF HUGO, MINNESOTA, that it should and hereby adopts this resolution amending the City of Hugo Economic Development Authority by-laws. WHEREUPON, a vote being taken upon the motion, the following members voted in favor: The following voted against: Resolution 2018-1 Page 2 ADOPTED by the Economic Development Authority this 21st day of August 21, 2018 Tom Weidt President, Hugo EDA ATTEST - Bryan Bear Executive Director, Hugo EDA DIVISION 3. - PARKS, RECREATION AND OPEN SPACE COMMISSION Sec. 2-195. - Purpose and intent. The city recognizes the importance of adequate, useful and attractive parks and open areas to promote public health and fitness, provide for leisure activities, maintain property values and sustain a high quality of life in the community. Both a master park plan and a park development fund have been created for the city to provide for park development. In order to assist the city council in setting park development and open space preservation policies, establish design and operating standards for the city 's park system, efficiently allocate resources, and implement the city 's master park plan, the parks, recreation and open space commission is hereby established for the city. (Prior Code, § 185-020) Sec. 2-196. - Duties and responsibilities. The city parks, recreation and open space commission shall provide the city council recommendations and advice for the development, maintenance and operation of parks, recreation and open space programs in the city. The commission shall have the following duties: (1) Periodically review and make recommendations to the city council on necessary, prudent, or desirable changes to the city's master park plan and parks, recreation and open space policies. (2) Monitor, and annually report to the city council regarding the city's success in implementing its master park plan and the city's contribution toward meeting the community's parks, recreation, and leisure needs. (3) Prepare, and annually update for city council approval, a five-year capital improvement plan for the development of the city's parks and recreation system. (4) Annually prepare and recommend to the city council a parks and recreation capital improvement budget for the following year. (5) Prepare for city council approval, standards for park development to assure the public's safety, provide for adequate service, create a unified and identifiable design for the city's parks, and promote their efficient maintenance and operation. (6) Recommend to the city council necessary, prudent, and desirable rules and regulations for park use to ensure the public's safety, enhance system use, discourage vandalism, maintain cost-effective operations, and to resolve conflicts in park use. (7) Coordinate the development and operation of recreation programs with governmental agencies, civic groups, and other organizations promoting or assisting recreation activities in the community. (8) Communicate the city's parks and recreation goals, plans and programs to the public. (9) Perform such other duties regarding the city's parks and recreation system, as may be requested by the city council from time to time. (Prior Code, § 185-040) Sec. 2-197. - Organization and membership. (a) Members appointed. The parks, recreation and open space commission shall consist of seven members, all eligible voters in the city. All members shall be appointed by the mayor with city council approval. Consideration in making appointments shall be given to having one or more residents residing in each ward and school district of the city appointed to the commission, though representation from each such section of the city is not required. (b) Terms of service. All members appointed by the mayor with council approval shall be appointed for staggered three-year terms. (c) One alternate member shall be appointed by the Mayor and approved the City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. (d) Removal from office. Commission members may be removed from office by the city council for: (1) Changing their place of residence to a location outside the corporate boundaries of the city, or otherwise not meeting the requirements for office; (2) Failure to perform their official duties, including not attending called and noticed meetings; (3) Behavior disruptive to the good order and efficiency of the commission; (4) Committing an act of moral turpitude. (e) Vacancies. Appointments made to fill a vacancy on the commission that occurs during a normal term of office shall be made for the balance of the term remaining. (f) Officers. A chairperson and vice -chairperson shall be appointed annually from the membership of the commission by the mayor, with approval of the city council. The commission may appoint a secretary, who need not be a member of the commission. The chairperson, or vice -chairperson in the absence of the chairperson, shall: (1) Preside over meetings of the commission. (2) Represent the commission, or appoint a person to represent the commission before the city council on matters pertaining to the commission. (3) Certify official written documents of the commission. (g) Individual commissioners as petitioners. No commissioner shall take part in the consideration of any matter in which he or she is the applicant, petitioner, or appellant, nor in the consideration of any action in which he or she has a direct financial interest. (h) Compensation. Commissioners shall serve without compensation. (Prior Code, § 185-050; Ord. No. 2007-411, § 1, 9-4-2007; Ord. No. 2013-467, 12-2-2013) Sec. 2-198. - Rules and procedures. (a) The commission shall adopt such rules and procedures as are consistent with this division and as may be necessary for the proper execution and conduct of their duties and responsibilities. (b) Regular meetings of the commission shall be held monthly, or more often as required. The time and place of all regular meetings shall be posted in the city hall. The chairperson may call special meetings following three days' posted notice at the city hall. (Prior Code, § 185-060; Ord. No. 2013-467, 12-2-2013) Sec. 2-199. - Staffing. In order to allow commission members to concentrate on policy development and issues of general concern, and relieve them of administrative detail, the city council shall provide adequate staff to assist the parks, recreation and open space commission with their assigned duties. (Prior Code, § 185-070) State Law reference— Open meeting requirements, Minn. Stats. ch. 13D. Secs. 2-200-2-221. - Reserved. Sec. 90-31. - Planning commission. The planning commission shall serve as advisors to the city council by preparing and making recommendations regarding the appropriateness of the city's comprehensive plan, zoning ordinance, subdivision regulations, and such other matters that impact the orderly and efficient development of the community. The planning commission shall act only as a body sitting in open session duly noticed, as required by law. The planning commission may appoint subcommittees or individuals to prepare polices, findings, and reports for consideration by the entire commission at a regular meeting thereof. (1) The planning commission shall consist of seven persons, all residents of the city and eligible voters, appointed by the city council for staggered four-year terms. The city attorney, city engineer, and city health officer, or their representatives, may serve as nonvoting, ex officio members upon request of the commission. Terms of office shall be staggered such that no more than two voting members' terms shall expire in any one year. (2) A quorum of the planning commission shall consist of four voting members, and it shall require the affirmative vote of a majority of the planning commissioners present (so long as there is a quorum) to approve any motion, resolution, or other official action. (3) Commission officers shall include a chairperson, a vice -chairperson, and a secretary, all appointed annually by the city council. The secretary need not be a member of the planning commission. The chairperson and vice -chairperson have full voting rights and need not limit their votes to cases of a tie. (4) Planning commissioners may be removed from office by the city council for: a. Changing their place of residence to a location outside the corporate boundaries of the city or otherwise not meeting the requirements for office. b. Failure to perform their official duties, including not attending called and noticed meetings. c. Behavior disruptive to the good order and efficiency of the commission. d. Moral turpitude. (5) Vacancies on the planning commission shall be filled by the city council as soon as practical after the vacancy occurs, and such appointments shall be made for the unexpired portion of the vacated term. (6) One alternate member shall be appointed by City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three-year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. (7) The planning commission may adopt such other rules of order as it deems necessary for the efficient conduct of its responsibilities. (8) Planning commission responsibilities: a. To study, report, and make recommendations on amendments to the city's comprehensive plan and land use regulations. b. To conduct hearings and make recommendations regarding the issuance of conditional use permits. c. To conduct hearings and make recommendations regarding requests for rezoning. d. To conduct hearings and make recommendations regarding the subdivision and platting of property. e. To review and make recommendations on commercial and industrial site plans. f. To review and make recommendations on variances associated with site plans, preliminary plats, and conditional use permits. g. Perform such other duties as the city council may, from time to time, prescribe. (Prior Code, § 1015-030.1) BYLAWS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF HUGO, MINNESOTA ARTICLE I - THE AUTHORITY Section 1. Name of Authority. The name of the Authority shall be the "Economic Development Authority of the City of Hugo, Minnesota" (which may sometimes be referred to as the "EDA" or the "Authority"), and its governing body shall be called the Board of Commissioners (the "Board"). The Board shall be the body responsible for the general governance of the Authority and shall conduct its official business at meetings thereof. Section 2. Seal QfA th ri The Authority shall have an official seal, as required by Minnesota Statutes, Section 469.096, Subdivision 1. Section 3. Office of Authorit.. The offices of the Authority shall be the Hugo City Hall. ARTICLE II - OFFICERS Section 1. Officers. The officers ofthe Authority shall be a President, a Vice - President, a Treasurer, an Assistant Treasurer and a Secretary. The President, the Vice - President and the Treasurer shall be members ofthe Board and shall be elected annually, and no Commissioner may be both President and Vice -President simultaneously. The Assistant Treasurer and the Secretary need not be members ofthe Board. Section 2. President. The President shall preside at all meetings ofthe Board. Except as otherwise authorized by resolution of the Board, the President and the Secretary (the Vice -President, in the Secretary's absence or incapacity) shall sign all contracts, deeds and other instruments made or executed by the Authority, except that all checks ofthe Authority shall be signed by the Treasurer and Assistant Treasurer. At each meeting the President shall submit such recommendations and information as he or she may consider proper concerning the business, affairs, and policies ofthe Authority. Section 3. Vice -President. The Vice -President shall perform the duties ofthe President in the absence or incapacity ofthe President; and in case ofthe resignation or death ofthe President, the Vice -President shall perform such duties as are imposed on the President until such time as the Board shall select a new President. Section 4. Secrerai- . The Secretary shall keep minutes ofall meetings ofthe Board and shall maintain all records ofthe Authority. The Secretary shall also have such additional duties and responsibilities as the Board may from time to time and by resolution prescribe. Section 5. Treasurer. The Treasurer shall have the care and custody ofall funds ofthe Authority and shall deposit the same in the name ofthe Authority in such bank or banks as the Board may select. The Treasurer and Assistant Treasurer shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of the Board. The Treasurer shall keep regular books of accounts showing receipts and expenditures and shall render to the Board, at least annually (or more often when requested), an account of such transactions and also ofthe financial condition ofthe Authority. The Assistant Treasurer shall act as the Treasurer's agent and assistant to perform the above -described duties, subject to the Treasurer's approval thereof. Section 6. Additional Duties. The officers of the Authority shall perform such other duties and functions as may from time to time be required by the Board or the bylaws or rules and regulations of the Authority. Section 7. Vacancies. Should the office of President, Vice -President, Treasurer, Assistant Treasurer or Secretary become vacant, the Board shall elect a successor at the next regular meeting, or at a special meeting called for such purpose, and such election shall be for the unexpired term of said officer. Section 8. Additional Personnel. The Board may from time to time employ such personnel as it deems necessary to exercise its powers, duties, and functions. The selection and compensation of such personnel shall be determined by the Board. Section 9. Alternate Members. One alternate member shall be appointed by the City Council. In the event of an absence of a regular commission member, the alternate member shall temporarily fill the seat of the absent member and exercise all powers of the regular member. An alternate member shall be appointed to a three- year term and is subject to the same membership requirements as a regular member. An alternate member is expected to attend all meetings and be prepared to participate and vote when necessary. ARTICLE III - MEETINGS Section 1. Regular MeetinL s. The regular meetings ofthe Board shall occur according to a meeting schedule, if any, adopted or revised from time to time by resolution of the Board. Section 2. Special Meetings. Special meetings ofthe Board maybe called by the President or any two members of the Board for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered at any time prior to the time of the proposed meeting to each member of the Board or may be mailed to the business or home address of each member ofthe Board at least two (2) days prior to the date of such special meeting. At such special meeting no business shall be considered other than as designated in the call, but if at least four members of the Board are present at a special meeting, any and all business may be transacted at such special meeting. Notice of any special meeting shall be posted and/or published as may be required by law. Section 3. O uorum. The powers of the Authority shall be vested in the Board. Four Commissioners shall constitute a quorum forthepurpose ofconducting the business and exercising the powers of the Authority and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by the Board upon a vote of a maj ority of the Commissioners present. Section 4. Order of Business. At the regular meetings ofthe Board the following shall be the order of business: Roll call. 2. Approval of the minutes of previous meeting. 3. Bills and communications. 4. Reports. 5. Unfinished business. 6. New business. 7. Adjournment. All resolutions shall be written or transcribed and shall be retained in the j ournal of the proceedings maintained by the Secretary. Section 5. Adoption of Resolutions. Resolutions of the Board shall be deemed adopted if approved by not less than a simple majority of all Commissioners present, unless a different requirement for adoption is prescribed bylaw. Resolutions may but need not be read aloud prior to vote taken thereon and may but need not be executed after passage. Section 6. Rules of Order. The meetings ofthe Board shall be governed by the most recent edition of Robert's Rules of Order. ARTICLE IV - MISCELLANEOUS Section 1. Amendments to B ylaws. The bylaws ofthe Authority shall be amended only by resolution approved by at least four ofthe members ofthe Board. Section 2. Fiscal Year. The fiscal year ofthe Authority shall coincide with the fiscal year of the City of Hugo, Minnesota. Adopted on 92004. K: \ 0 1 1 9 4 7 - 0 0 0 \ C a d \ E x h i b i t s \ 0 1 1 9 4 7 - 0 0 0 C l e a r w a t e r C r e e k F i n a l C o n c e p t 011947-000 | September 19, 2018K: \ 0 1 1 9 4 7 - 0 0 0 \ C a d \ E x h i b i t s \ 0 1 1 9 4 7 - 0 0 0 C l e a r w a t e r C r e e k F i n a l C o n c e p t Clearwater Creek Preferred Concept Plan WINTER TRAIL SIMPLE BOARDWALK OVERLOOK BRIDGE PLAN 400’200’0’’ Scale in Feet 100’ EXISTING PARKING & ACCESS POTENTIAL FUTURE EXPANSION AREA FUTURE ROAD & TRAIL CONNECTION (140TH ST.) FUTURE STORMWATER POND EXISTING TRAIL ACCESS PARKING LOT/ TRAILHEAD SHELTER STRUCTURAL BOARDWALK FEN W A Y B L V D FA B L E H I L L C I R C L E LEGEND Pedestrian Trail (aggregate or paved) Boardwalk Overlook Winter Trail Waterway Bridge Existing City Trail Proposed Trail Access Point SUMMARY NOTES: • Park entrance off of future 140th Street Extension -Parking lot -Park & trail map (trailhead) -Open space -Small picnic shelter • Main park entrance off Fable Hill Circle North remains -Parking (existing) -Park and trail map (trailhead) • Trail connection to Fenway Blvd trail • Several loop trails / boardwalk system east and west sides of creek with trail maps • Several seating / overlooks along trails • Pedestrian bridge on north and south end of the park to cross the creek • West trail to connect to future residential development and trail north of 140th Street • Park trails connect to future trail along 140th Street • Existing policies regarding dogs, horses, & hunting remain unless conflicts arise K: \ 0 1 1 9 4 7 - 0 0 0 \ C a d \ E x h i b i t s \ 0 1 1 9 4 7 - 0 0 0 C l e a r w a t e r C r e e k F i n a l C o n c e p t 011947-000 | September 19, 2018K: \ 0 1 1 9 4 7 - 0 0 0 \ C a d \ E x h i b i t s \ 0 1 1 9 4 7 - 0 0 0 C l e a r w a t e r C r e e k F i n a l C o n c e p t Clearwater Creek Phasing Considerations PLAN 400’200’0’’ Scale in Feet 100’ AREA A: • 8’ Wide Primary aggregate trail (Primary route) • 8’ Wide BoardWalk (Primary route) • 3’ Wide aggregate trail (secondary route) • 3’ Wide BoardWalks (secondary route) • seating overlooks • trail culverts • grading & erosion control • restoration • kiosk & Pedestrian signs estimate of ProBaBle costs (With 10% contingency) $500,000* * estimates are at a Preliminary level and do not account for unkoWn site conditions, design and engineering fees, Permits, and do not include imProvements necessary for correcting existing drainage issues. dePth of Poor soils AREA B: • Parking lot • 8’ Wide Primary Bituminous trail (connect to 140th trail) • 8’ Wide BoardWalk (Primary route) • laWn area • Picnic shelter /restroom Building • Pedestrian Bridge over creek • grading & erosion control • restoration • kiosk & Pedestrian signs estimate of ProBaBle costs (With 10% contingency) $1,300,000* * estimates are at a Preliminary level and do not account for unkoWn site conditions, design and engineering fees, and Permits. dePth of Poor soils Will increase BoardWalk AREA C: • 3’ Wide secondary trail • 3’ Wide BoardWalk & creek crossings • grading & erosion control • restoration • Pedestrian signs estimate of ProBaBle costs (With 10% contingency) $187,000* * estimates are at a Preliminary level and do not account for unkoWn site conditions, design and engineering fees, and Permits. dePth of Poor soils Will increase BoardWalk costs. AREA D: • 8’ Wide Primary aggregate trail (Primary route) • 8’ Wide BoardWalk (Primary route) • Pedestrian Bridge over creek • grading & erosion control • restoration • Pedestrian signs estimate of ProBaBle costs (With 10% contingency) $1,350,000* * estimates are at a Preliminary level and do not account for unkoWn site conditions, design and engineering fees, and Permits. dePth of Poor soils Will increase BoardWalk costs. A B C D FEN W A Y B L V D FA B L E H I L L C I R C L E LEGEND Pedestrian Trail (aggregate or paved) Boardwalk Overlook Winter Trail Waterway Bridge Existing City Trail Proposed Trail Access Point /\A.1 Michele Lindau Subject: FW: Xcel Energy: Gas Response Training Village Grand Opening/October 17th Hi Mayor Tom, I believe Michele Lindau and/or Bryan Bear have already mentioned to you that we will be hosting a grand opening event at our Hugo Training Center for our recently completed gas emergency response training village site. Here are the event details: Wednesday — October 171n 1:00 to 3:00 PM Hugo Training Center 13620 Fenway Boulevard North The program will begin at 1:15 PM with the following speakers. We would like to ask you to say a few remarks during the program (if you were planning to be in attendance). Here is our program line-up. Kevin Joyce, Xcel Energy Director of Gas Emergency Response — Event Emcee Kent Larson, Xcel Energy Executive Vice President & Group President of Operations The Honorable Tom Weidt, Mayor of Hugo (if you are able to attend the event) Luke Litteken, Xcel Energy Senior Vice President of Gas Formal community & Xcel Energy leadership photographs Ribbon cutting ceremony (involving Hugo Business Association, WBL Area Chamber and Vadnais Heights Economic Development Corporation) Mock drill exercise involving the Washington County sheriff's department & local area fire departments (including Hugo fire department) I took the liberty of gathering up some "fun facts" about our training center and wanted to supply them to you in case you'd like to include any of this information with your event remarks: Useful Facts Regarding the Hugo Training Facility: • 42,500 Square Foot Structure on 10 acres. • $10.5 million training center includes classrooms and multiple indoor and outdoor areas for training both underground and electric distribution and transmission equipment and natural gas pipelines and equipment. • 2000+ employees from Minnesota, Wisconsin, North Dakota, South Dakota and Michigan attend some form of training annually at our training center. • This facility spends 57k+ a year at local restaurants and stores for food for trainees • Attendees to training spend 800+ nights in area hotels If you have any questions, my work telephone number is (651) 779-3105. We are anticipating a turn -out in the range of 100-150 local attendees. I have invited the Hugo Lions Club, the Hugo Yellow Ribbon Network and the Good Neighbors Food Shelf staff to this event. Thanks, Colette 0 - rff r Do you have old photos in a shoe box? Are your family history books gathering dust? Do you like to talk about Hugo's past and discuss your family history? Then this night is for you. The Historical Commission invites the public to an evening of sharing. Bring your albums, photos, documents and artifacts to City Hall on October 22nd, from 5:30 - 8 pm. Historical displays and artifacts will be out for viewing. Refresh- ments will be served. A.5 Thank and celebrate our own military, fire fighters, police officers, non-profit organizations and volunteers who help make our community a safe and better place to live! Featuring local restaurants, prizes and giveaways, music, activities and the best group of people in Hugo. The THANK YOU FOR YOUR SERVICE celebration will showcase the great people and service of our town. Service members or volunteers will have a free entry, other attendees will be asked to pay a $10 donation to cover expenses or be donated. FREE ADMISSION: $0 7-10PM Tickets for prizes and entry Special recognition "thank you" on our wall of pride at the event Donations appreciated Hugo American Legion Banquet Hall, Friday November 16, 7:00-10:00 PM, October 2018 October 2018 November 2018 Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa 1 2 3 4 5 6 1 2 3 7 8 9 10 11 12 13 4 5 6 7 8 9 10 14 15 16 17 18 19 20 11 12 13 14 15 16 17 21 22 23 24 25 26 27 18 19 20 21 22 23 24 28 29 30 31 25 26 27 28 29 30 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Sep 30 Oct 1 2 3 4 5 6 11:30am Business 8:30am MDG 8:OOam Fall Cleanup 7:00pm City Council Meeting Awards (Keller Golf Day (Wilson (Public Works) 9:30am Bus Tour Course) Tool) 11:00am Fire Department Open 7 8 9 10 11 12 13 6:30pm BOZA 7:00pm Planning Commission 14 15 16 17 18 19 20 5:00pm EDA Meets 7:00pm City Council 1:00pm Xcel Grand Meeting Opening 13620 6:00pm Lions Park Gran Opening 7:00pm Parks 21 22 23 24 25 26 27 5:30pm "Those were the 5:00pm Burger Night 6:30pm BOZA days" (Oneka Room) (Hugo Legion) 7:00pm Planning Commisison 28 29 30 31 Nov 1 2 3 Halloween Meetings in green are scheduled/posted meetings. 1 10/11/2018 2:27 PM November2018 December2018 November 2018 Su Mo Tu We Th Sa Su Mo Tu We Th Fr Sa 1 2 2 3 1 4 5 6 7 8 9 10 2 3 4 5 6 7 8 11 12 13 14 15 16 17 9 10 11 12 13 14 15 18 19 20 21 22 23 24 16 17 18 19 20 21 22 25 26 27 28 29 30 23 24 25 26 27 28 29 30 31 SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY Oct 28 29 30 31 Nov 1 2 3 4 5 6 7 8 6:30pm BOZA 7:00pm Planning Commission 9 10 7:00pm City Council Meeting I Elections 11 Veterans Day 12 Veterans Day observed 13 14 15 16 17 3:30pm Board of Canvass 7:00pm "Thank you for Service" (Legion) 18 19 7:00pm City Council Meeting 20 5:00pm EDA Meets 21 7:00pm Parks 22 23 24 Thanks ivin 6:30pm BOZA L 7:00pm Planning ommisison 25 26 27 28 29 30 Dec 5:00pm Burger Night (Hugo Legion) Meetings in green are scheduled/posted meetings. 2 10/11/2018 2:27 PM The following items were distributed at the meeting. STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES In the Matter of Amendments to Water OAH Docket No. 84-2002-35470 Appropriation Permit No. 1975-6379, Dellwood Country Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35471 Appropriation Permit No. 1980-6214, H.B. Fuller Company In the Matter of Amendments to Water OAH Docket No. 84-2002-35472 Appropriation Permit Nos. 1987-6206 and 1987-6207, Indian Hills Golf Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35473 Appropriation Permit No. 1986-6165, White Bear Yacht Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35474 Appropriation Permit Nos. 1975-6218 and 2010-0445, City of Hugo In the Matter of Amendments to Water OAH Docket No. 84-2002-35475 Appropriation Permit No. 1961-1031, City of Lake Ehno In the Matter of Amendments to Water OAH Docket No. 84-2002-35476 Appropriation Permit No. 1985-6168, City of Lino Lakes In the Matter of Amendments to Water OAH Docket No. 84-2002-35477 Appropriation Permit No. 1969-0163, City of Mahtomedi In the Matter of Amendments to Water OAH Docket No. 84-2002-35478 Appropriation Permit No. 1977-6176, City of North St. Paul In the Matter of Amendments to Water OAH Docket No. 84-2002-35479 Appropriation Permit No. 1978-6197, City of Oakdale Page 1 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. issued an order staying "during the pendency" of the appeal the portion of its order that required DNR to amend the permits. Accordingly, DNR and all Respondents stipulate that the contested case hearings on DNR's amended permits should likewise be stayed pending final judgment in Minnesota Department of Natural Resources, et. al. v. White Bear Lake Restoration Association, No. A18-0750 (Minn. Ct. App.) and ensuing review by the Minnesota Supreme Court, if applicable. This stay may be lifted prior to a final judgment by the Minnesota Court of Appeals and, if applicable, the Minnesota Supreme Court upon a motion from any party establishing good cause why the stay should be lifted before such fmal resolution. Upon execution of this Stipulation, the Administrative Law Judge may enter the attached Order without further notice or hearing. Dated: October 52018 OFFICE OF THE ATTORNEY GENERAL State of Minnesota STACEY W. PERSON Assistant Attorney General Atty. Reg. No. 0351349 445 Minnesota Street, Suite 900 St. Paul, Minnesota 55101-2127 (651) 757-1412 (Voice) (651) 297-4139 (Fax) stacey.person@ag.state.mn.us ATTORNEY FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES Page 3 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 Mr. Gary A. Van Cleve (#0156310) Larkin, Hoffman, Daly & Lindgren, Ltd. 8300 Norman Center Dr., Ste. 1000 Minneapolis, MN 55437 1060 (952) 896-3277 gvancleve@larkinhoffinan.com Attorney for H.B. Fuller Company Page 5 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 Mr. Chris Nathlich General Manager White Bear Yacht Club 56 Dellwood Ave. White Bear Lake, MN 55110 (651) 429-4567 cathlich@wbyc.com Page 7 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October 12018 The Honorable Mike Pearson Mayor City of Lake Elmo 3800 Laverne Ave. N. Lake Elmo, MN 55042 (651) 775-3724 Page 9 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 David L. Sienko (#0391910) Jay P. Karlovich (#0247650) LeVander, Gillen & Miller, P.A. 633 S. Concord St., Ste. 400 So. St. Paul, MN 55075 (651) 451-1831 jkarlovich@levander.com dsienko@levander.com Attorneys for City of Mahtomedi Page 11 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 David T. Anderson Kennedy & Graven, Chartered 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 (612) 337-9274 DAnderson@Kennedy-Graven.com Attorney for City of Oakdale Page 13 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 David L. Sienko (#0391910) Korine L. Land (#0262432) LeVander, Gillen & Miller, P.A. 633 S. Concord St., Ste. 400 So. St. Paul, MN 55075 (651) 451-1831 kland@levander.com dsienko@levander.com Attorneys for Stillwater Board of Water Commissioners Page 15 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 Monte A. Mills (#030458X) Faris A. Rashid (#0391508) Greene Espel, PLLP 222 S. 9th St., Ste. 2200 Minneapolis, MN 55402 (612)373-0830 MMills@Gr-Espel.com FRashid@Gr-Espel.com Attorneys for City of White Bear Lake Page 17 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 Shawn J. Tollin Senior Manager, Environmental Remediation Whirlpool Corporation Whirlpool Corporation 600 W. Main St. Mail Drop 2314 Benton Harbor, MI 49022 (269) 923-2522 shawnj—tollin@whirlpool.com Page 19 of 21 Stipulated Motion to Stay Proceedings, OAH Nos. 84-2002-35470 to-35484, and 84-2002-35559 to-35560. Dated: October , 2018 Karl Karg Kimberly E. Leefatt Latham & Watkins, LLP 330 N. Wabash Avenue, Ste. 2800 Chicago, IL 60611 (312) 876-7691 Karl.Karg@lw.com Attorneys for Saputo Dairy Foods USA, LLC Page 21 of 21 STATE OF MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FOR MINNESOTA DEPARTMENT OF NATURAL RESOURCES In the Matter of Amendments to Water OAH Docket No. 84-2002-35470 Appropriation Permit No. 1975-6379, Dellwood Country Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35471 Appropriation Permit No. 1980-6214, H.B. Fuller Company In the Matter of Amendments to Water OAH Docket No. 84-2002-35472 Appropriation Permit Nos. 1987-6206 and 1987-6207, Indian Hills Golf Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35473 Appropriation Permit No. 1986-6165, White Bear Yacht Club In the Matter of Amendments to Water OAH Docket No. 84-2002-35474 Appropriation Permit Nos. 1975-6218 and 2010-0445, City of Hugo In the Matter of Amendments to Water OAH Docket No. 84-2002-35475 Appropriation Permit No. 1961-1031, City of Lake Elmo In the Matter of Amendments to Water OAH Docket No. 84-2002-35476 Appropriation Permit No. 1985-6168, City of Lino Lakes In the Matter of Amendments to Water OAH Docket No. 84-2002-35477 Appropriation Permit No. 1969-0163, City of Mahtomedi In the Matter of Amendments to Water OAH Docket No. 84-2002-35478 Appropriation Permit No. 1977-6176, City of North St. Paul In the Matter of Amendments to Water OAH Docket No. 84-2002-35479 Appropriation Permit No. 1978-6197, City of Oakdale In the Matter of Amendments to Water Appropriation Permit No. 1977-6229, Saint Paul Regional Water Services In the Matter of Amendments to Water Appropriation Permit No. 1975-6207, Stillwater Board of Water Commissioners In the Matter of Amendments to Water Appropriation Permit 1980-6153, City of Vadnais Heights In the Matter of Amendments to Water Appropriation Permit No. 1969-0174, City of White Bear Lake In the Matter of Amendments to Water Appropriation Permit Nos. 1984-6120 and 1984-6121, Township of White Bear In the Matter of Amendments to Water Appropriation Permit No. 1989-6037, Whirlpool Corporation and Reynolds Metals Company OAH Docket No. 84-2002-35480 OAH Docket No. 84-2002-35481 OAH Docket No. 84-2002-35482 OAH Docket No. 84-2002-35483 OAH Docket No. 84-2002-35484 OAH Docket No. 84-2002-3 5 5 5 9 In the Matter of Amendments to Water OAH Docket No. 84-2002-35560 Appropriation Permit No. 1986-6316, Saputo Dairy Foods USA, LLC IPROPOSED I ORDER STAYING THE PROCEEDINGS IT IS HEREBY ORDERED that, based on the stipulation of the parties and for good cause shown, the above -entitled contested case hearings are stayed pending final judgment in Minnesota Department of Natural Resources, et al. v. White Bear Lake Restoration Association, No. A18-0750 (Minn. Ct. App.) and ensuing review by the Minnesota Supreme Court, if applicable. This stay may be lifted prior to a final judgment by the Minnesota Court of Appeals and, if applicable, the Minnesota Supreme Court upon a motion from any party establishing good cause why the stay should be lifted before such final resolution. 2 This stay is effective as of the date this order is signed, which stays all future activities in this matter, including the prehearing conference scheduled for November 8, 2018, at 10:00a.m. Dated: W TAMMY L. PUST Chief Administrative Law Judge