HomeMy WebLinkAbout2019.03.18 CC PacketEST. 1906
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14669 Fitzgerald Avenue North • Hugo, MN 55038
A. CALL TO ORDER
B. ROLL CALL
C. PLEDGE OF ALLEGIANCE
D. APPROVAL OF MINUTES
1. March 4, 2019 City Council Meeting
E. APPROVAL OF AGENDA
F. APPOINTMENTS/PRESENTATIONS
AGENDA
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, MARCH 18, 2019 — 7 P.M.
1. Recognition of Centenarian Joe (T.J.) Marier on his 100th Birthday
2. Swearing in of Colin Emans as Training Captain, Jason Palmquist as Training
Lieutenant, Ross Hoernemann as Administrative Captain, and Trevor Legros as
Firefighter
3. Hugo Fire Department Annual Report — Fire Chief Kevin Colvard
4. North Memorial Annual Report - Rob Almendinger, Paramedic and Manager
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.
l . Approval of Claims
2. Approve Annual Performance Review for Finance Director Ron Otkin
3. Approve Special Event Permit for MS 150 on June 9, 2019
4. Approve Special Event Permit for Blacksmith Lounge for 2019 Events
5. Approve Ordinance Amendment to Allow 8 a.m. Sunday Sales for On -Sale Licenses
6. Approve Right-of-way and Telecommunications Ordinance Amendments to Regulate
Small Wireless Facilities
7. Approve Assignment of Agreement for Municipal Advisor Services
H. UNFINISHED BUISNESS
1. No unfinished business scheduled.
I. NEW BUSINESS
1. Elmcrest Avenue and East Cedar Street Joint Powers Agreement between the City of
Hugo and the City of Lino Lakes
J. VISITOR PRESENTATIONS
1. No visitor presentations are scheduled.
K. COUNCIL PRESENTATIONS
1. Update on Yellow Ribbon Network
L. ADMINISTRATIVE PRESENTATIONS
1. Hugo Good Neighbor Food Shelf Pasta Dinner on Friday, March 22, 2019
2. Hugo and Oneka Elementary PTO Game Night on Friday, March 29, 2019
3. Short Line Railroad Event on Friday, April 12, 2019
4. Metro Cities Annual Meeting on Wednesday, April 24, 2019
5. East Metro Water Education Workshop on Thursday, April 25, 2019
M. ADJOURNMENT
BACKGROUND MEMO FOR THE CITY COUNCIL MEETING ON MARCH 19, 2018
D.1 Approval of Minutes for the March 4, 2019, City Council Meeting
Staff recommends Council approve the minutes for the Hugo City Council meeting on March 4,
2019, as presented.
F.1 Recognition of Centenarian Joe (T.J.) Marier on his 100' Birthday
Lifelong Hugo resident Joe Marier will turn 100 years old on March 25, 2019. This will be
celebrated on Sunday March 24th at the Hugo American Legion from 1-5 p.m. The public is
invited to attend. Staff has prepared a proclamation in honor of Centenarian Joe Marier.
F.2 Swearing in of Colin Emans as Training Captain, Jason Palmquist as Training
Lieutenant, Ross Hoernemann as Administrative Captain, and Trevor Legros as Firefighter
At its February 4, 2019 meeting, Council approved the appointment of Colin Emans as Training
Captain and Ross Hoernemann as Administrative Capitan. At its March 4, 2019 meeting,
Council approved Jason Palmquist as Training Lieutenant, and at its December 17, 2018
meeting, Council approved Trevor Legros as a regular firefighter. Fire Chief Kevin Colvard will
perform the swearing in of the four firefighters to their respective positions.
F3 Hugo Fire Department Annual Report
Hugo Fire Chief Kevin Colvard will provide the Department's annual report for 2018.
FA North Memorial Annual Report
Manager Rob Almendinger, Supervisor Shawn McDonough and Director Rick Wagner from
North Memorial will present the annual report on ambulance services provided to Hugo in 2018.
G.1 Approval of Claims
Staff recommends Council approve the Claims Roster as presented.
G.2 Approve Annual Performance Review for Finance Director Ron Otkin
Ron Otkin was hired as the City's Finance Director on April 3, 1989. For the past 30 years, Ron
has conducted duties related to the City's Finance Department which includes the annual
preparation of the City's budget as well as financing of public improvement projects and
accounts payable and accounts receivable. City Administrator Bryan Bear recommends Council
approve the annual performance review for Finance Director Ron Otkin.
G.3 Approve Special Event Permit for MS150 on June 9, 2019
The MS Society has applied for a Special Event Permit for their annual bicycle event on June 8-
9. This requires a permit because there will be between 3,500-4,000 riders, and trails and streets
in Hugo will be used. The MS 150 is a fundraising event where riders begin in Proctor, MN and
ride to Century College in White Bear Lake. On the second day, riders will be traveling south
through Hugo on the Hardwood Creek Trail and the shoulder of TH61 between 10:00 a.m. and
4:30 p.m. The MS 150 has been held successfully for the past several years. Staff recommends
Council approve the Special Event Permit for the MS 150 on June 9, 2019.
GA Approve Special Event Permit for Blacksmith Lounge for 2019 Events
The Blacksmith Lounge Restaurant has applied for a Special Event permit for approval of 14
events hosted on their property between April and October of 2019. The events will be held on
the owner's property surrounding the Blacksmith Lounge Restaurant. The events require City
Council approval because they will be serving alcohol, some events expect over 200 people and
an amplified speaker system will be used. Staff has received the completed application, fee, and
signed Hold Harmless Agreement. The events consist of auctions car shows and swap meets,
with the biggest event being the Northern Lights Pig Roast, which has been occurring at the
Blacksmith Lounge for over 30 years. Staff recommends Council approve the Special Event
Permit for the Blacksmith Lounge for their 2019 events.
G.5 Approve Ordinance Amendment to Allow 8 a.m. Sunday Sales for On -Sale Licenses
In 2015, MN State Statute 340A.504 was amended to allow the sale of on -sale intoxicating
liquor on Sundays to begin at 8 a.m. instead of 10 a.m. In Hugo City Code, hours of sale are as
authorized under state law; however, the section of Hugo City Code that references Sunday
Licenses specifically states that sales cannot begin prior to 10 a.m. Staff has received a request
from the Hugo American Legion to amend the City Code to allow sales at 8 a.m. on Sunday's.
Staff recommends Council adopt the ordinance amending Hugo City Code, Chapter 6, Alcoholic
Beverages, to allow for 8 a.m. Sunday Sales.
G.6 Approve Right-of-way and Telecommunications Ordinance Amendments to Regulate
Small Wireless Facilities
A small wireless facility, also known as a small cell, is a newer technology that is a
complimentary piece of equipment to traditional cell towers and provides additional cellular data
coverage. Recently, there was an amendment to State Statute regarding the regulation of small
wireless facilities. The amendments have streamlined the permitting process for placement or
collocation of small wireless facilities on city -owned structures in public right-of-way by
allowing them as a permitted use in all zoning districts except historic and residential. However,
the law also allows cities to manage small wireless facilities through a permitting process,
including a collocation agreement, and ordinances. Staff recommended approval of the
amendments to update the right-of-way and telecommunications ordinance per the new
amendment to State law to prepare for the eventual deployment of small wireless facilities within
the community. At its February 28, 2019, meeting the Planning Commission considered and
held a public hearing on the ordinance amendments. The Planning Commission agreed with
revisions and recommended approval of the amendments to update the right-of-way and
telecommunications ordinance.
G.7 Approve Assignment of Agreement for Municipal Advisor Services
Since 2001, Springsted, Inc., has been the City's financial advisors. On January 10, 2019,
Springsted announced its intention to combine with Baker Tilly Virchow Krause, LLP, a
financial services and accounting firm. Following the closing, the combined firm will operate its
public sector advisory business under the name Baker Tilly Municipal Advisors, LLC.
Springsted staff has been invited to join Baker Tilly. Springsted is requesting the City consent to
the assignment of the current agreement for municipal advisor services to Baker Tilly.
This is a procedural matter and the transition will be seamless. Staff recommends Council
approve the Consent to Assignment and authorize the City Administrator to execute the
document.
I.1 Elmcrest Avenue and East Cedar Street Joint Powers Agreement between the City of
Hugo and the City of Lino Lakes
At its January 22, 2019, Goal Setting Session, Council discussed the need to work with the City
of Lion Lakes on the paving of Elmcrest Avenue and East Cedar Street in Lino Lakes. Staff
from both Cities have been meeting to discuss the potential of a joint project to address concerns
raised by residents over the years regarding the condition of the gravel sections of Elmcrest
Avenue and East Cedar Street. Hugo Public works applies calcium chloride and grades the
roadways, however the higher traffic volumes on these roadways result in deteriorated and dusty
roadway conditions. On February 5th, Hugo staff and Mayor Weidt had met with Lino Lakes
staff (Mayor Reinert was unable to attend due to weather conditions). Discussion regarding a
joint project and how the project could move forward took place. Staff from both Lino Lakes
and Hugo felt it was important that both projects move forward concurrently and that economies
of scale would provide efficiencies resulting in lower project costs. The City of Lino Lakes and
the City of Hugo prepared a Joint Powers Agreement for your consideration which is included in
the council packet. Lino Lakes approved the agreement at its March 11, 2019 City Council
meeting. Staff recommends Council approve the Joint Powers Agreement with the City of Lino
Lakes.
K. 1 Update on Yellow Ribbon Network
Council Members Chuck Haas and Phil Klein will update the Council on the activities of the
Yellow Ribbon Network to date. This was tabled at the last Council meeting.
L.1 Hugo Good Neighbor Food Shelf Pasta Dinner on Friday, March 22, 2049
Council has scheduled a meeting to attend the Hugo Good Neighbors Food Shelf's 8th Annual
Pasta Dinner on Friday, March 22, 2019, from 6-9 p.m. at the Hugo American Legion. This is a
fundraiser to help feed over 175 families per month in the Hugo, Centerville, Lino Lakes, and
White Bear Lake Area.
L.2 Hugo and Oneka Elementary PTO Game Night on Friday, March 29, 2019
Council has scheduled a meeting to attend the Hugo Elementary and Oneka Elementary School
PTA's Game Night for adults 21 years and older. This event will take place on March 29, 2019,
from 6-10:30 p.m. at the Hugo American Legion.
L.3 Short Line Railroad Event on Friday, April 12, 2019
Council has been invited to attend the open house and tour of Hugo businesses, Schwieters and
Loadmaster Lubricants, to showcase the impact of the success of receiving $1.5 million in
appropriations to save and rehabilitate the Hugo short line rail. The event will take place on
Friday, April 12 beginning at 10 a.m. This event is hosted by the City of Hugo, Washington
County, and the White Bear Area Chamber. Staff recommends Council schedule as a meeting if
they choose to attend.
LA Metro Cities Annual Meeting on Wednesday, April 24, 2019
Council has been invited to attend the metro Cities Annual Meeting to take place on Wednesday,
April 24, 2019 at the Como Park Zoo and Conservatory from 5:30 — 7:30 p.m. Staff
recommends Council schedule as a meeting if they choose to attend.
L.5 East Metro Water Education Workshop on Thursday, April 25, 2019
The East Metro Water Resource Education Program is holding several workshops on wetlands
and planting for clean water. One will be held in Hugo on Thursday, April 25, 2019 from 6-7:30
p.m. at Hugo City Hall. Staff recommends Council schedule as a meeting if they choose to
attend.
M. Adjournment
14669 Fitzgerald Avenue North • Hugo, MN 55038
Call to Order
Mayor Weidt called the meeting to order at 7:00 p.m.
PRESENT: Haas (Via Skype), Klein, Miron, Weidt
ABSENT: Petryk
Minutes
HUGO CITY COUNCIL MEETING
HUGO CITY HALL
MONDAY, MARCH 4, 2019 - 7 P.M.
ALSO PRESENT: City Administrator Bryan Bear, Community Development Director Rachel
Juba, City Attorney Dave Snyder, City Engineer Mark Erichson, City Clerk Michele Lindau
Minutes for the February 4, 2019, City Council Meeting
Klein made motion, Miron seconded, to approve the minutes for the City Council"meeting held
on February 4, 2019, as presented.
All Aye. Motion carried.
for
Hall
Miron made motion, Klein seconded, to approve the minutes for the Legislative Town Hall
Meeting held on February 9, 2019 as presented.
All Ayes. Motion carried.
Minutes for the February 12, 2019, HBA Business Breakfast
Klein made motion, Miron seconded, to approve the minutes for the Hugo Area Business
Association Business Breakfast and Mayor State of the City Address held on February 12, 2019,
as presented
All Ayes. Motion carried.
Approval of the Agenda
Weidt made motion, Klein seconded, to approve the agenda as presented.
All Ayes. Motion carried.
Jerry Hromatka, President & CEO Northeast Youth & Family Services
President and CEO Jerry Hromatka of the Northeast Youth & Family Services (NYFS) presented
their annual report to Council. NYFS, located in White Bear Lake, has been providing
counseling services to youth and families in the City of Hugo for at least the past 20 years. Jerry
explained they serve all ages but mainly the youth. They operate on a 3.3 million budget and
Hugo City Council Meeting Minutes for March 4, 2019
Page 2 of 9
have three program areas: mental health, day treatment, and community services. About 75% of
the budget goes to programs. He talked about their revenue sources which include contracts,
fees, grants, and contributions. There is little control over decreasing contract revenue with non-
profits so they have increased their fees for insured services and are working on doing a better
job on contributions. One hundred fifty two households were served in 2018 costing $31,852.
Current community trends are to not live in the moment, and they are dealing with a lot of
trauma. They are also experiencing workforce shortages in the mental health field, and there is a
need to prepare people for new work environments using new skills. Jerry stated their success
was due to partnership with communities, school districts, and collaborating with other
businesses and programs. He invited Council to the fundraising Leadership Lunch on May lst at
Midland Hills and the Taste of Northeast on October 10th. He express appreciation for the
$6,000 the City pays annually to the NYFS, and the Mayor thanked him for his presentation and
their services.
an.
Approval of the Consent Agenda
Miron made motion, Klein seconded, to approve the following Consent Agenda:
1. Approval of Claims
2. Approve Performance Review for Building Department Secretary Debi Close
3. Approve Lawful Gambling Exempt Permit for WBL Lacrosse Booster Club
4. Approve Mutual Aid Agreement between Washington County, MN and St. Croix County,
WI Fire Departments
5. Approve Resolution Approving Easements for 130th Street Improvement Project
6. Approve Resolution for Submission of 2040 Comprehensive Plan to Met Council
Approve Resolutions for Oneka Place 2" d Addition Final Plat and Development
Agreement
Approve Termination of Purchase Agreement with Cozzies for City Property
9. Approve Advertisement of Bids for 2019 Dust Control
10. Approve Hiring of Liz Finnegan as Senior Engineering Technician
11. Approve Resolution Authorizing Call of Outstanding 2007 G.O. Improvement Bonds
12. Approve Pay Request No. 1 from CB&I, LLC for Water Tower #4 Construction
13. Approve Purchase of 2007 Caterpillar Pneumatic Tire Compactor
14. Approve Appointment of Jason Palmquist as the Training Lieutenant on the Fire
Department
15. Approve Resignation of Jim Roettger as the Safety Lieutenant on the Fire Department
All Ayes. Motion carried.
Approval of Claims
Adoption of the Consent Agenda approved the Claims Roster as presented.
Hugo City Council Meeting Minutes for March 4, 2019
Page 3 of 9
Approve Performance Review for Building Department Secretary Debi Close
Debi Close was hired as the City's Building Department Receptionist on March 20, 2006. For
the past thirteen years, Debi performed customer service duties both at the front counter and on
the telephone scheduling inspections with contractors. Adoption of the Consent Agenda
approved the annual performance review for Building Department Receptionist Debi Close.
Approve Lawful Gambling Exempt Permit for WBL Lacrosse Booster Club
White Bear Lake High School Boys Lacrosse Booster Club had applied for a Lawful Gambling
Exempt Permit to conduct Bingo at their fund raising event on April 14, 2019. The event will
take place at the Hugo American Legion. Adoption of the Consent Agenda approved the Lawful
Gambling Exempt Permit for the WBL Lacrosse Booster Club for April 14, 2019.
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WI Fire Departments
The Hugo Fire Department had requested Council approve the Mutual Aid Agreement with the
Fire Departments of Washington County, MN and of St. Croix County, WI. This agreement
would make equipment, personnel, and other resources available to political subdivisions from
other political subdivisions during an emergency situation or for designated training activities.
Adoption of the Consent Agenda approved the Mutual Aid Agreement inclusive of the Fire
Departments of Washington County, MN and the Fire Departments of St. Croix County, WI.
Approve Resolution Approving Easements for 130t' Street Improvement Project
As previously directed, staff had developed construction plans and specifications for the
reconstruction of 130th Street from Highway 61 to Goodview Avenue. As part of the design, a
roundabout was planned for 130th Street at Flay Avenue along with a pedestrian trail on the north
side of 130th Street. Easement acquisition needs had been identified in the SE and SW quadrants
of 130th Street and Flay Avenue to accommodate the construction of this roundabout. Staff had
met with the property owners and Beaver Ponds Association representatives regarding the
project, and they had agreed to the compensation values previously authorized by City Council.
The roadway was proposed to be realigned at the east end of the project to align with Goodview
Avenue perpendicularly creating easement needs in this location as well. Staff was previously
authorized to offer the landowner $17,100 dollars for the associated acquisition. Staff had met
with the land owner on numerous occasions and have negotiated a purchase price of $25,100.
Adoption of the Consent Agenda approved RESOLUTION 2019-8 AUTHORIZING
NEGOTIATIONS AND/OR EMINENT DOMAIN TO AQUIRE THE PROPERTY AREAS
NEEDED FOR THE 130TH STEET IMPROVEMENT PROJECT.
Approve Resolution for Submission of 2040 Comprehensive Plan to Met Council
In 2017, the City initiated the planning process to update the 2030 Comprehensive Plan that was
completed in 2008. As part of the 2040 Comprehensive Plan update, the City had held several
meetings with residents, Commissions, and Council to gather feedback and understand
community priorities and what had changed since the last plan update. The City Council
reviewed the Comprehensive Plan at a public hearing held on April 4, 2018. At that time,
Hugo City Council Meeting Minutes for March 4, 2019
Page 4 of 9
Council approved the 2040 Comprehensive Plan for distribution to affected jurisdictions and to
the Metropolitan Council for preliminary review. There were several jurisdictions that
commented on the plan, including the Met Council. Staff had made minor revisions to the plan
per the comments that were received. The plan was ready for submittal to the Met Council for
formal review and approval. Adoption of the Consent Agenda approved RESOLUTION 2019-9
AUTHORIZING SUBMITTAL OF THE COMPREHENSIVE PLAN TO THE
METROPOLITAN COUNCIL.
Approve Resolutions for Oneka Place 2nd Addition Final Plat and Development Agreement
CPDC- Pratt -Oakwood, LLP, had requested approval of a final plat on parcels located north of
Oneka Parkway and 159th Street. The site was currently vacant. The City Council approved the
preliminary plat and PUD for Oneka Place at its May 21, 2018, meeting and a final plat for 54
lots on August 8, 2018. The final plat would replat 14 lots, which were proposed to be 55 feet
wide, from the Oneka Place final plat to create 12 lots that were now proposed to be 65 feet
wide. Staff had administratively processed the approval of a PUD modification to allow the
change in lot size. The lots met the minimum lot standards and requirements outlined in the
regulations for the Oneka Place PUD. Adoption of the Consent Agenda approved
RESOLUTION 2019-10 APPROVING FINAL PLAT AND DEVELOPMENT AGREEMENT
FOR CPDC — PRATT — OAKWOOD, LLP, ON PROPERTY LOCATED NORTH OF ONEKA
PARKWAY AND NORTH OF 159TH STREET FOR ONEKA PLACE 2nd ADDITION.
Approve Termination of Purchase Agreement with Cozzies for City Property
At its September 17, 2018, meeting, the City Council approved a purchase agreement with Chris
Cosgrove, owner of Cozzies Tavern and Grill, for the City owned property along Highway 61.
The project to develop the property into a restaurant did not move forward. Further, the purchase
agreement expired on January 25, 2019. Staff had drafted a letter to Mr. Cosgrove providing
notice of the termination. Adoption of the Consent Agenda approved the termination and
directed staff to send the notice to Mr. Cosgrove.
Approve Advertisement of Bids for 2019 Dust Control
Staff had requested authorization from the City Council to advertise for bids for the City's 2019
gravel road dust control project. The City of Hugo currently applies dust control to approximately
28 miles of gravel roads located within its municipal boundaries. Following City Council
approval, staff would advertise and solicit bids through the City newspaper and hold a bid
opening in early April. This would be followed by the Council considering bids in April. The dust
control/stabilization would be applied in two separate applications, once in mid -May and again in
early to mid -August. Adoption of the Consent Agenda approved the advertisement for bids for the
City's 2019 gravel road dust control project.
Approve Hiring of Liz Finnegan as Senior Engineering Technician
Hugo's Senior Engineering Technician Steve Duff had retired effective January 31, 2018. After
being unsuccessful in hiring a replacement, Council approve the rehiring of Steve for a seasonal
position at their April 16, 2018, meeting. Staff had advertised again for the position and received
several applications. Adoption of the Consent Agenda approved the hiring of Liz Finnegan as the
Hugo City Council Meeting Minutes for March 4, 2019
Page 5 of 9
City's new Senior Engineering Technician effective March 11, 2019. Staff anticipated retaining
Steve Duff in a part-time capacity as needed.
Approve Resolution Authorizing Call of Outstanding 2007 G.O. Improvement Bonds
In September 2007, the City issued $1,230,000 of G.O. Improvement Bonds to finance
improvements on 129th Street and Oakshore Park Subdivision. The bonds were issued for 15
years with interest rates ranging from 4.0% to 4.15%. Assessments were levied against
benefitting properties to finance bond repayment. As of recent, the principal remaining on the
bonds was $260,000. These bonds were now callable, and funds were available to pay off the
issue. After factoring in the cost of redemption, the City would achieve a net present value
benefit of $20,460. Since sufficient savings would be realized to proceed with the early
retirement of these bonds, staff recommended Council approve a resolution authorizing the call
of the outstanding G.O. Improvement Bonds of 2007 effective May 1, 2019. Adoption of the
Consent Agenda approved RESOLUTION 2019-11 AUTHORIZING THE CALL OF THE
OUTSTANDING GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A.
Approve Pay Request No. 1 from CB&I, LLC for Water Tower #4 Construction
CB&1, LLC, had submitted Pay Request No. 1 for the construction of Water Tower No. 4. It is
common for cities to pay the contractor for their overhead costs, engineering and
preparation/delivery of submittals on this type of project before the construction work begins.
Site activity would begin in March with piles being driven for the foundation. Once a firm
schedule is known, an update would be placed on the City website. Adoption of the Consent
Agenda approved Pay Voucher No. 1 for the Water Tower No. 4 project in the amount of
$108,025.09.
Approve Purchase of 2007 Caterpillar Pneumatic Tire Compactor
During the Gravel Roads Workshop held on June 18, 2018, there was discussion on the
importance of compacting the gravel roads in conjunction with the grading operations. Staff was
directed to explore options in purchasing compaction equipment, and money was included for
this in the 2019 budget. Staff had located a 2007 Caterpillar Pneumatic Tire Compactor at a cost
of $36,500 through Ziegler Caterpillar located in Nevada. Staff was working to have the
equipment inspected, and if satisfactory, a purchase would be negotiated and the equipment
delivered to Ziegler Caterpillar in Columbus, MN. Purchase of this equipment would eliminate
the need to rent similar equipment at an annual cost of $4,500. Adoption of the Consent Agenda
approved the purchase of a 2007 Caterpillar Pneumatic Tire Compactor for the price of $36,500
from Ziegler Caterpillar.
Approve Appointment of Jason Palmquist as the Training Lieutenant on the Fire
Department
Fire Chief Kevin Colvard had selected Jason Palmquist to be the new Training Lieutenant on the
Hugo Fire Department. Adoption of the Consent Agenda approved the appointment of Jason
Palmquist as the Training Lieutenant effective March 1, 2019.
Hugo City Council Meeting Minutes for March 4, 2019
Page 6 of 9
Approve Resignation of Jim Roett2er as the Safety Lieutenant on the Fire Department
Jim Roettger had requested to step down as Safety Lieutenant on the Fire Department. Jim
would remain on the department as a Firefighter. Adoption of the Consent Agenda approved the
resignation of Jim Roettger as the Safety Lieutenant on the Hugo Fire Department effective
March 1, 2019.
Public Hearing on Off Sale Intoxicating Liquor License for Sean Lindholm for Sner's
Liquor and Approval of Tobacco License
Sean Lindholm, 1 C Cameo Lane, Lino Lakes, was purchasing Sager's Liquor at 14849 Forest
Boulevard, and had applied for an Off Sale Intoxicating Liquor License and Tobacco License for
the store. City Ordinance required a hearing to allow public comment on the granting of a liquor
license. The applicant had paid the license and investigation fee, and nothing found in the
preliminary background check would prohibit the issuance of a license. No license would
become effective until it was approved by the Commission of Public Safety.
The Mayor invited the new owner, Sean Lindholm, to introduce himself. Sean explained this
was the first liquor store he would own, but his family owned restaurants. He stated he was
currently negotiating a purchase agreement for Sager's.
The Mayor opened the public hearing. After receiving no comment, the Mayor closed the public
hearing.
Klein made motion, Miron seconded, to approve the Off Sale Intoxicating Liquor License and
Tobacco License for Sean Lindholm for Sager's Liquor, subject to receipt of proof of liquor
liability insurance.
All Ayes. Motion carried.
Public Hearing on Off Sale 3.2% Liquor License for Knowlan's Super Market for Festival
Foods
Knowlan's Super Markets, Inc. had applied for an Off Sale 3.2% Liquor License to sell liquor at
Festival Foods located at 14775 Victor Hugo Boulevard. City Ordinance required a hearing to
allow public comment on the granting of a liquor license. The applicant had provided a
certificate of liability insurance, paid the license and investigation fee, and nothing found in the
preliminary background check would prohibit the issuance of a license. After approval of a
3.2% Liquor License by Council, certification would be sent to the state.
The Mayor opened the public hearing. After receiving no comments, the Mayor closed the
public hearing.
Miron made motion, Klein seconded, to approve the 3.2% Liquor License for Festival Foods.
All Ayes. Motion carried.
Hugo City Council Meeting Minutes for March 4, 2019
Page 7 of 9
Public Hearing on Vacation of Easement for Oneka Place
Community Development Director Rachel Juba explained the applicant was requesting a
vacation of the existing drainage and utility easement located over Outlot H and all lots
contained in Block 5, Oneka Place. Outlot H and the lots would be replatted for the
development of Oneka Place 2nd Addition. New drainage and utility easements would be
placed on the lots at the time the final plat is recorded. She stated that staff was
comfortable with the applicant's requests to vacate these easements and recommend
Council hold the public hearing and approve the notice to vacate the drainage and utility
easements.
The Mayor opened the public hearing. After receiving no comments, the Mayor closed the
public hearing.
Klein made motion, Miron seconded, to approve the notice to vacate the drainage and
utility easements located over Outlot H and all lots contained in Block 5, Oneka Place.
All Ayes. Motion carried.
Approve Plans and Specifications for the 1301h Street Improvement Proiect and Authorize
Advertisement for Bids
Mark Erichson explained the plans and specifications for the 130"' Street Improvement project
had been prepared as previously directed by City Council. The project would extend from
Highway 61 east to Goodview Avenue and consists of full reconstruction of the roadway with a
roundabout at Flay Avenue and an eight foot trail along the north side of 130th Street. Easements
from necessary property owners had been agreed upon. The bid opening would be scheduled for
April 30, 2019, at 10:00 a.m. with consideration of award anticipated to occur at the May 7, 2019
City Council meeting.
Miron made motion, Klein seconded, to approve RESOLUTION 2019-12 APPROVING
PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
THE ONEKA LAKE BOULEVARD AND HARROW AVENUE STREET IMPROVEMENT
PROJECT.
All es. Motion carried-J
on Proposed
Community Development Director Rachel Juba explained there were possible inconsistencies
between the State Statute and Hugo City Code in regard to residential facilities, such as the
definition and zoning provisions. It was in staff s opinion that the ordinance should be updated to
ensure compliance with State Statute. She recommended the City Council authorize staff to have
discussions with the Ordinance Review Committee (ORC) on amendments to the City Code in
regards to residential facilities to become compliant with State Statute.
Hugo City Council Meeting Minutes for March 4, 2019
Page 8 of 9
Miron made motion, Klein seconded, to direct staff to bring the ordinance on residential facilities
to the ordinance review committee.
All Ayes. Motion carried.
Update on the Yellow Ribbon Network
Council Members Haas and Klein updated the Council on the activities of the Yellow Ribbon
Network to date. There were 146 burger meals served at the last Burger Night sponsored by the
Bald Eagle Sportsman's Club. March's sponsors will be the Arcand Family/Oneka Ridge Golf
Course. In the month of February, the YRN helped a family with plumbing problems and a
family that needed appliance repair. The network worked with the White Bear Lake Auxiliary to
help a Gold Star widow, and they assisted a mother who needed to leave an abusive situation.
Haas thanked JDog Junk Removal for helping furnish the home. They partnered with Good
Shepherds to provide postage for care packages and assisted in supporting an airman who needed
a new furnace. They received several "thank you" notes for care packages and donations
provided by Centennial Hockey, Xcel Energy, Hugo Legion, and other anonymous donators.
"Those Were The Days" Historical Commission Event on Thursdays March 14, 2019
City Administrator Bryan Bear announced the Hugo Historical Commission will hold another
"Those Were the Days" event on March 14, 2019, from 5:30 — 8 p.m. A similar event was held in
October 2018. The Commission will have collected items on display and invited the public to bring
in albums, photo, documents or any other artifacts in. The event will be held in the Oneka Room,
and the Council is invited to attend.
Hugo Good Neighbors Food Shelf Pasta Dinner on Friday, March 22, 2019
City Administrator Bryan Bear informed Council the Hugo Good Neighbors Food Shelf will hold
their 8th Annual Pasta Dinner on Friday, March 22, 2019, from 6-9 p.m. at the Hugo American
Legion. This is a fundraiser to help feed over 175 families per month in the Hugo, Centerville, Lino
Lakes, and White Bear Lake Area.
Miron made motion, Klein seconded, to schedule a meeting to attend the Hugo Good Neighbors
Food Shelf Pasta Dinner on Friday, March 22, 2019.
All Ayes. Motion carried.
Hugo and Oneka PTA Adult Game Night on Friday, March 29, 2019
City Administrator Bryan Bear informed Council the Hugo Elementary and Oneka Elementary
School PTA was hosting a Game Night for adults 21 years and older. This event will take place
on March 29, 2019, from 6-10:30 p.m. at the Hugo American Legion.
Klein made motion, Miron seconded, to schedule a meeting to attend Game Night on Friday,
March 29, 2019.
All Ayes. Motion carried.
Hugo City Council Meeting Minutes for March 4, 2019
Page 9 of 9
Cleanup Days on Saturday, April 13 and October 12, 2019
City Administrator Bryan Bear announced Cleanup Days will be held on Saturday, April 13 and
October 12, 2019, for the spring and fall cleanup dates. As in the past, the event will take place
at the Public Works Building from 8 a.m. to noon.
Adjournment
Klein made motion, Miron seconded, to adjourn at 7:53 p.m.
All Ayes. Motion carried.
Respectfully Submitted,
Michele Lindau, City Clerk
City of Hugo Claims
March 18, 2019
G. 1
Vendor
Invoice
Amount Description
Department
10,000 Lakes Chapter of ICC
Registration
$
125.00 Building Seminar Registration - Chuck Preisler
Buildinc Inspections
Anderson, Scott
CLAIM
$
22.63 Accessories for Tablet (Amazon)
Public Works
Aspen Equipment Company
10201099
$
1,406.25 Parts - Unit #202
Street Dept
Aspen Mills
231148
$
2,853.05 HFD Shirts, Sweatshirts & Jackets
Fire Dept
Aspen Mills
232699
$
265.50 HFD Knit Hats & Baseball CacS
Fire Dept
Aspen Mills
232699
$
(177.00) HFD Knit Hats & Baseball Caps (Returned)
Fire Dept
Bronk & Sons Low Voltage Inc
BASLV 4042
$
318.00 Annual Monitoring of City Hall Alarm System
Gen Gov't Bldgs
Century Link
651 653-1154
$
58.98 SCADA Lines
Water & Sewer
Century Link
651 429-3212
$
7&73 Fire Station Phone Lines
Fire Dept
Century Link
651 426-8763
$
63.98 911 Emergency Line
Administration
Comcast
2/5/2019
$
2.25 Business Internet (thru March 14%
Fire Dept
Comcast
2/18/2019
$
165.77 Business Internet (thru March 27)
Fire Dept
Comcast
909198036
$
487.61 Business Internet (February)
Administration
Comcast
909198036
$
487.61 Business Internet (February)
Public Works
Denaway, Shayla
CLAIM
$
47.36 Movie Night Supplies ;Amazon:
Parks Dept
Emergency Apparatus Maintenance Inc
104915
$
329.01 Repairs - Unit #E1
Fire Dept
Fire Cam
1384
$
259.28 Dash Camera - Unit #U1
Fire Dept
Fire Cam
1384
$
259.28 Dash Camera - Unit #CV2
Fire Dept
Fire Cam
1384
$
259.29 Dash Camera - Unit #CV3
Fire Dept
Forest Lake Napa
February
$
2,470.89 Auto Parts and Shop Supplies
Various
Frattallone's Hardware Store
126052
$
1.20 Hardware
Public Works
Galls LLC
11913611
$
479.97 Inova LED Duty Lights
Fire Dept
Gene's Disposal Service Inc
343948
$
333,86 February Waste Hauling - PW Facility
Public Works
Gene's Disposal Service Inc
343948
$
173.27 February Waste Hauling - Fire Station
Fire De,r)t
Gene's Disposal Service Inc
343948
$
77.35 February Waste Hauling - City Hall
Gen Gov't Bldgs
Gopher State One Call
9020467
$
64.80 February Service Charges
Water & Sewer
Gray, Ron
CLAIM
$
320.00 Arrowhead EMS Conference Registration
Fire Dept
Gray, Ron
CLAIM
$
561.22 Arrowhead EMS Conference Expenses
Fire Dept
Great Plains Fire
5185
$
149.85 Hand Wands
Fire Dept
Home Depot Credit Services
1582425
$
24.97 Smoke Detector (CH)
Gen Gov't Bldgs
Home Depot Credit Services
1582425
$
19.94 Voting Booth Sul. plies
Elections
Home Depot Credit Services
1605796 _
$
447.00 Dewalt Batteries
Sewer Utility
Home Depot Credit Services
1593430
$
19.94 Voting Booth Supplies
Elections
Home Depot Credit Services
_'
1593430
$
69.96 Salt Spreaders
Various
Home Depot Credit Services
3611034
$
29.91 Voting Booth Su :,: lies
Elections
Hugo Feed Mill
37713
$
9.49 Hardware - Well No. 5
Water Utility
Hugo Feed Mill
63783
$
0.89 Hardware - Well No. 5
Water Utility
InnoGraphics Design Group
3629
$
545.00 Spring Newsletter Design
Misc Unallocated
Jefferson Fire & Safety Inc
IN102678
$
60.00 Decontamination Rinse
Fire De;.,t
Johnson/Turner
February
$
4,829.00 Prosecution Fees (Flat Fee)
General Legal
Johnson/Turner
February
$
294.95 Disbursements (Prosecution Costs)
General Legal
Johnson/Turner
February
$
2,602,25 Civil Legal Fees - See Attached Breakdown
General Legal
Jorgenson, Jacob
CLAIM
$
798.90 FFI, FFII, EMR & HazMat Class Mileage
Fire Dept
Kath Fuel Oil Service Co.
12320094
$
11,104.07 February Unleaded Gas & Diesel Purchases
Various
Knowlan's Super Markets Inc
1337
$
9.99 Meeting Supplies
Community Development
Knowlan's Super Markets Inc
5322
$
25.67 Soft Drinks for Lobby Machine
Gen Gov't Bldgs
Lof ier Companies Inc
3050781
$
253.80 March Copier Service Payment
Administration
Lund, Bally
CLAIM
$
596.16 FFI, FFII & HazMat Class Mileage
Fire De, t
Marco
INV6083711
$
1,231,00 HP LaserJet Printer/Copier
Building Inspections
Menards
4914
$
55.50 Furnace Filters - 14715 Forest Blvd
Rental Properties
Menarcls
4800
$
41.99 Torch - Unit #114
Street Dept
Midwest Events
888
$
685.00 Tour de Hugo Advertising
Parks Dept
Minnesota Department of Health
12565
$
23.00 Water Operator Renewal - Scott Anderson
Water Utility
Minnesota State Fire Chiefs Association
200003609
$
285.00 FOTOS Conference Registration - David Jensen
Fire Dept
Minnesota Trucking Association
200015001
$
100.00 Vehicle Inspection Class - Dave Greeder
Street Dept
Minnesota Trucking Association
200015001
$
100.00 Vehicle Inspection Class - Matt Klein
Street Dept
Motorola Solutions Inc
16037518
$
27,264.00 Portable Radios and Hardware
Fire Dept
bison's Sewer Service Inc
88473
$
695,00 PW Facilit; Septic System Pumping
Public Works
OPG-3 Inc
3101
$
495.00 Laserfiche Project - Online Trainin, Resources
Administration
Oxygen Service Company
3430294
$
21.28 Welding Supplies
Public Works
Preisler, Chuck
CLAIM
$
792.66 Breakroom Supplies (Warners Stellian)
Gen Gov't Bldgs
Regions Hospital
7615340
$
1,741.00 2019 Education Agreement
Fire Dept
Ricoh USA, Inc
101799144
$
123,18 Copier Lease Payment
Public Works
Ricoh USA, Inc
101799144
$
20.75 Overage Charges
Public Works
Sam's Club
65796
$
225.70 Fire Department Supplies
Fire Dept
Schroeder Process Automation LLC
1695
$
906.38 Tech Labor & Parts - Well No. 5
Water Utility
Schwaab, Inc
CO23225
$
40.25 Notary StamP - Emily Weber
Community Development
Silver Star Industries Radco - Blaine
BLN-56085-01
$
261.85 Floor Liners & Bed Mat - Unit #U1
Fire Deot
Silver Star Industries Radco - Blaine
BLN-56085-01
$
316.80 Floor Liners. Bed Mat & Visors - Unit #CV2
Fire Dept
Page 1
Vendor
City of Hugo Claims
March 18, 2019
Invoice Amount
Stabner Electric LLC
1293
Toshiba Financial Services
69347003
Toshiba Financial Services
69347003
Toshiba Financial Services
69347003
US Bank
5274722
Verizon Wireless
9824467785
Verizon Wireless
9825514771
Verizon Wireless
9825514771
Washington County
153888
White Bear Locksmith
SHOP53
WSB & Associates
January
Total Claims for March 18, 2019
$ 5,290.00 Install New Sub Panel iCH
$ 175.23 February Copier Lease Payment
$ 2,19 Overage Charges B & W)
$ 11.88 Overage Charges (Color)
$ 125,00 Paying A4ent Fees
$ 40.02 Cellular Phone Charges
$ 982.88 Cellular Phone Charges
$ 309.99 1 iPad (Grant Monies)
$ 175.00 2019 Citrix License
$ 15.00 Keys - Well Houses
$ 75,634.25 Engineering Fees - See Attached Breakdown
$ 151,858.66
G. 1
Department
Gen Gov't Bld is
Fire Dept
Fire Dept
Fire Dept
Sinking Fund
Fire Dept
Fire Dept
Fire Dept
Community Develol:ment
Water Utility
Various
Page 2
JOHNSMD! /TURNER
-- LEGAL --
March 8, 2019
City of Hugo
Attn: Ron Otkin
14669 Fitzgerald Avenue North
Hugo, MN 55038
Dear Ron:
Enclosed, please find our billing statements for the City of Hugo as of February 28, 2019.
Below is a summary of the matter description, subtotal and total amount due and owing
for the attached statements:
MATTER
MATTER I.D.
SUBTOTAL I
Carpenter Property Purchase
12-2359-027
$363.50
Council Meetings _
19-2359-052
$150.00
General 2019
19-2359-053
$903.00
Peltier Matter— 13094 Goodview Ave. N.
19-2359-054
$1,185.75
Prosecution
12-2359-024
$5,123.95
$7,726.20 j
TOTAL NOW DUE:
Please feel free to contact me if you have any questions regarding the billing
statements.
Sincerely,
JOHNSO URNER LEGAL
1
David K. Snyder
DKS/mah
Enclosures
.56 East Broadway Avenue, Suite 206 Forest Lake, MN 55025 , p 651-464.7292 f 651.464.7348 ' johnsonturner.com
FOREST LAKE / LAKE ELMO / WOODBURY / BLAINE
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6 .-3¢ CITY OF
�^ EST.1906 Special Event Permit - Memorandum
To: Hugo City Council
From: City Clerk Michele Lindau
Date: March 12, 2019, for Council Meeting on March 18, 2019
Re: MS 150 Bike Ride through Hugo on June 9, 2019
1. BACKGROUND:
The MS Society has applied for a Special Event Permit for their annual bicycle event.
This requires a permit because there will be between 3,500-4,000 riders, and trails and
streets in Hugo will be used.
2. DESCRIPTION OF EVENT:
The MS 150 is a fundraising event for the National Multiple Sclerosis Society. This
event is a two-day ride from Duluth to White Bear Lake to be held on June 8-9, 2019. On
second day of the event, riders will be traveling through Hugo on the Hardwood Creek
Trail and the shoulder of TH61. There are planned rest stops along the route, but none
will be in Hugo. Riders are expected to be on the route through Hugo between 10:00 a.m.
and 4:30 p.m. on Sunday.
3. CONDITIONS:
The applicant has provided the City the completed application, fee, and copy of the
permit from Washington County for the use of the Hardwood Creek Trail. The applicant
is required to provide a Certificate of Insurance naming Hugo as additionally insured and
a copy of the permit from MnDOT for the use of the shoulder on TH61. The applicant
will contact the Hugo Fire Department and the Washington County Sheriff's Department
to notify them of the race, and any instructions they provide will be followed. At no time
will MS workers/volunteers/representatives be allowed to stop or direct vehicular traffic.
4. CONCLUSION/RECOMMENDATION:
As in the past, Hugo Good Neighbor Days is on this same weekend. For many years, the
MS 150 event has passed through Hugo and posed no threat to the health, safety, and
welfare of Hugo's residents or visitors. Staff recommends Council approve the Special
Event Permit for the MS 150 as outlined above.
The event as described has been approved by the Hugo City Council on March 18,
2019.
Michele Lindau, City Clerk Date
ti CITY OF
t 1w1w
14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 www.ci.hugo.mn.us
EST. 1900
Special Event Permit Application
Procedures for processing special event permits are found in Hugo City Code Chapter 90, Section 90-3Z2.
Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures,
offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment
fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit.
Applicant (Applicant will receive all correspondence from the City):
Contact Person: Molly Murray
Address 2829 University Ave, Suite 900 City Minneapolis State MN zip 55414
Phone 612-335-7984 Cell Email molly.murray@nmss.org
Signature of Applica
Event Information
Type of Event Bike MS: MS150
Address: Hardwood Trail, Hwy 61, Bald Eagle Lake Boat Launch
Property Owner/Manager:
Contact Person: National MS Society -- Molly Murray
Address 2829 University Ave, Suite 900 City Minneapolis
Phone 612-335-7984
Date 1/16/2019
Date: June 9, 2019
MN Zip 55414
Email molly.murray@nmss.org
Description of Event -Please review the items on the check list on the back of the application for information that is
required to make this application complete. If there is not enough room below to describe the event please submit on a
separate sheet of paper.
Bike MS: MS150 is a 2-day bike ride that raises funds for MS; starts in Proctor and ends in White
Bear Lake. Riders will be traveling through Hugo between 10am-4:30pm on June 9, 2019, with a rest
stop at Bald Eagle Lake Boat Launch parking lot.
Maps are attached. L) w.0rV—im5 w.'P*h EaMc-- - GOvn-hy -�tr perl-Al resf- Sjj
For Office Use Only
Fee Paid �CJ. ('3 Date
Dyes ❑ No ❑Yes with conditions below
City Council Meeting Date
Conditions:
Clerk Signature_
12/18/2018
Ride with GPS - Map Your Bike Rides - View Elevation Profiles - Analyze Performance - Train Better
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�r CITY OF
E6T. 1906
To: Hugo City Council
From: City Clerk Michele Lindau
Date: March 12, 2019 for the March 18, 2019 City Council meeting
Re: Blacksmith Lounge Special Event Permit for 2019 events
1. BACKGROUND:
Memorandum
The Blacksmith Lounge Restaurant has submitted a special event permit application
requesting approval of 14 events hosted on their property between April and October of
2019. The events will be held on the owner's property surrounding the Blacksmith
Lounge Restaurant. The events require City Council approval because they will be
serving alcohol, some events expect over 200 people and an amplified speaker system
will be used. Staff has received the completed application, fee, and signed Hold Harmless
Agreement.
2. DESCRIPTION OF EVENT:
The Blacksmith Lounge Restaurant plans to hold five auctions, seven car shows, one
swap meet, and one corn feed for the White Bear Hockey Association. These have been
occurring for several years including the largest event, the Northern Lights Car Show, for
over 30 years. All of the events are to be outdoors, and some will have a tent area where
food and alcohol will be served under the Blacksmith Lounge's Catering Permit. There
will be someone checking ID's and extra security and staff during those events. During
the largest event, the Northern Lights Car Show, the host will provide their own security,
hire highway patrol, and have volunteer parking staff. All events will have adequate
outdoor restroom facilities. These events are family events and will be held rain or shine.
In case of cancellations, these events will not be made up.
Most events will be held on Sundays from May 19 through September 22nd with the
exception of two car shows on Mondays (Memorial Day and Labor Day) and the corn
feed that will be on a Saturday.
Blacksmith Lounge expects between 50 and 300 people to attend each event, except the
September 15a' Northern Lights Car Show, which will bring in between 800-900 people.
An amplified sound system will be used at some events for auctions and other
announcements. The Washington County Sheriff's Department and Hugo Fire
Department will be notified of the events.
Access to the site will be off of Highway 61, and parking will be on grass fields located
on the east portion of the property and the neighboring property to the north. The Lions
Club volunteers to assist with traffic and parking on the site during some events.
3. CONDITIONS:
The event will be conducted as stated on the application and in this memo. The applicant
will be submitting a copy of the insurance with Hugo named as additionally insured.
4. CONCLUSION/RECOMMENDATION:
Staff believes that the Blacksmith Lounge Restaurant has done a good job organizing the
events in the past years. The Blacksmith Lounge is not requesting any assistance from the
City in preparing or conducting the events. Staff recommends the City Council approve
the Special Event Permit for the Blacksmith Lounge for their scheduled events for 2019.
The event as described has been approved by the Hugo City Council on March 18,
2019
Michele Lindau, City Clerk
Date
CITY OF
EST. 1.0.
14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mn.us
Special Event Permit Application
Procedures for processing special event permits are found in Hugo City Code Chapter 90, Section 90-37.2.
Any individual or organization holding an event or temporary use of a property which includes erecting temporary structures,
offering food/beverages, or affecting traffic or parking requires a special event permit. Outdoor events, tent sales, employment
fairs, celebrations, or similar special events are subject to this ordinance and require a special event permit.
Applicant (Applicant will re eive all correspondence from the City):
Contact Person: � `M �- i _ �—,r'`
Address City
-
F-ma
Signature of Appl
Event Information
Type of Event -_
Address:
Property Owner/Manager:
State Zip
Date
Date:
Contact Person:
Address City State m Zipc�
Phone 4 577 Cell ee5 I � � �ti�/aiEmaiI g 1Z VO46a .CJp-7\,/
Description of Event -Please review the items on the check list on the back of the application for information that is
required to make this application complete. If there is not enough room below to describe the event please submit on a
separate sheet of paper.
For Office Use Only
Fee Paid 7 '` _ (� b Date -3 -=7 — l �
❑Yes . ❑ No ❑Yes with conditions below
City Council Meeting Date Clerk Signatu
Conditions:
C3 Dime In or Take Out
0 Wightly Dinner Specials
0 Daily 1,unch Specials �
0 Smidav Breakfi st
Xleat Raffle every Friday 4-5PNIL
(Wf Sale Liquor St -ore
'visit 7c . -r l ii .th.+c ttii e.co,iLI for ovir
ftxllmenu and s e+cia l4m
AUCTION DATES 2019 CAR SHOWS 2019
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ORDINANCE 2019-
CITY OF HUGO
AN ORDINANCE WITHIN THE CITY OF HUGO, MINNESOTA
AMENDING CHAPTER 6-ALCOHOLIC BEVERAGES TO ALLOW FOR 8 A.M.
SUNDAY SALES
WHEREAS, the City of Hugo is allowed to permit Sunday Sales of alcoholic beverages
between the hours of 8 a.m. on Sundays and 2 a.m. on Mondays by State Statute
340A.504 HOURS AND DAYS OF SALE, Subd. 3 Intoxicating liquor; Sunday sales; on
sale; and,
THE CITY OF HUGO ORDAINS:
SECTION 1. The City Council of the City of Hugo does hereby amend Chapter 6
ALCOHOLIC BEVERAGES, Section 6-54 (e) On -Sale Sunday Licenses to read:
(e) On -sale Sunday licenses. A special on -sale license for the sale of liquor on Sundays
may only be issued to a restaurant holding a regular on -sale license. The restaurant eligible
for on -sale Sunday liquor license shall meet the requirements for a restaurant as defined in
Minn. Stats. § 340A.101. Sales will be allowed on Sundays during the hours as authorized
by Minn. Stats. § 340A.504, Sub.3.
SECTION 2. 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 3. Effective Date. This ordinance shall be effective after its passage and
publication.
ADOPTED BY THE HUGO CITY COUNCIL ON MARCH 18, 2019.
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
City Of Hugo
Attn: City Council
14669 Fitzegerald Ave N
Hugo MN 55038
March 7, 2019
Dear City Council,
It has come to my attention that according to Hugo City Ordinance that the City follows State Statue
regarding Saturday and Sunday Liquor Sales, however it also states per your ordinance that sales on
Sundays cannot be made before 10 a.m. This is what the State statue followed years ago.
I am at this time asking that the City ordinance be revised to current State statue in that liquor in a
Restaurant/serving alcohol would be allowed at 8:00 am on Sunday to meet state Statue.
Thank you for your consideration,
Sfacey L Carlson
Hugo Legion 620
Club Manager
5383 140t" St N
Hugo MN 55038
651-255-1432
Agenda Number G.6
CITY OF HUGO
COMMUNITY DEVELOPMENT
DEPARTMENT
Memorandum
TO: Bryan Bear, City Administrator
FROM: Emily Weber, Community Development Assistant, through Rachel Juba,
Community Development Director
SUBJECT: Right of Way and Telecommunications Ordinance Amendment — To
Regulate Small Wireless Facilities.
DATE: March 6, 2019, for the City Council meeting of March 18, 2019
1. PLANNING COMMISSION UPDATE:
At its February 28, 2019 meeting, the Planning Commission held a public hearing and
considered the right-of-way and telecommunications ordinance amendments. There was no one
that spoke during the public hearing. A Planning Commissioner asked if the City could require
specific separation requirements between structures. Staff explained that the State Statute does
not allow the City to dictate a specific dimension for separation, but the City can work with the
applicant on reasonable separation distance between structures. Staff added this to the ordinance
amendment. The Planning Commission generally agreed with the revisions and made a
recommendation to approve the revisions to the ordinances to the City Council.
2. BACKGROUND:
As cellular technology becomes increasingly important in our everyday lives, the demand for cell
providers, better coverage, and data has spurred requests for new cellular towers and equipment.
Although traditional technologies, which consists of large, bulky antennas bolted to tops of
towers, are still highly relevant, there are a variety of smaller, more sophisticated options in use
today. A small wireless facility, also known as a small cell, is a newer technology that is a
complimentary piece of equipment to traditional cell towers and provides additional cellular data
coverage. The antenna and all exposed elements of the small wireless facility can fit within an
enclosure of no more than six cubic feet. These facilities are small enough to be mounted on
existing structures such as light poles and power lines, which are often found in the public right-
of-way (ROW). The image to the on the next page is a standard small wireless facility and
supporting equipment.
Right-of-way and Telecommunications Ordinance Text Amendment
Page 2
Small cell providers have met barriers when attempting to
deploy new equipment in the ROW due to outdated
regulations. As a result providers pushed for an amendment to
Minnesota's Telecommunications Right -of -Way User statutes
that became effective in May of 2017. The amendment has
streamlined the permitting process for placement or
collocation of small wireless facilities on city -owned
structures in public ROW by allowing them as a permitted use
in all zoning districts except historic and residential. However,
the law also allows cities to manage small wireless facilities
through a permitting process, including a collocation
agreement, and ordinances. Therefore, the City's permitting
process and right-of-way ordinances are an important means
of exercising authority of the public ROW.
mall Cell Antenna and
I QUipment
In 2018, staff created a permit application for small wireless
facilities and a draft collocation agreement. The City of Hugo is in need of updating its right-of-
way and telecommunications ordinance per the new amendment to State law to prepare for the
eventual deployment of small wireless facilities within the community.
3. SUMMARY OF REVISIONS:
With the change in State Statute, there is a defined list of what cities can and cannot do when
managing small wireless facilities.
What cities can do:
• Manage small wireless facilities in the ROW through a permitting process and
ordinances.
• Charge $150 (plus $25 maintenance fee) per year for collocation agreements on City
owned structures.
• Deny the placement of a small wireless facility in the ROW based on health, safety, and
welfare, or noncompliance with decorative standards.
• Use a 90 day review period if the City receives more than 30 facilities in a single seven
day period.
• Approve/deny some, but not all, of the 15 facilities that can be applied for in a single
consolidated application.
• Require the approval of a conditional use permit for structures in single family residential
and historic zoning districts.
What cities cannot do:
• Discriminate among functionally equivalent providers.
• Dictate which structures are used other than those proposed in the application.
• Use Moratoriums to stall the processing or approval of a small wireless facility permit.
• Impose specific height and separation restrictions, other than the 50 foot height limit
defined by the statute.
• Require additional information if the applicant has submitted a permit in the past and can
provide that permit's reference number.
Right-of-way and Telecommunications Ordinance Text Amendment
Page 3
• Require additional permits and fees for the maintenance or replacement of small cell
facilities.
A. Chapter 82 Utilities, Article IV Right of way
Definitions
Definitions were added to the ordinance to clarify the meaning of a small wireless facility
and a micro wireless facility, both of which are now permitted uses in the public ROW.
Additional definitions such as collocate, utility pole, wireless facility, wireless service,
wireless support structure, and wireline backhaul facility were added to support changes
made throughout the ordinance.
Permit Requirements
Revisions were made to state that a permit is required by a registrant to erect or install a
wireless support structure or to collocate a small wireless facility in the ROW. No permit is
necessary to conduct routine maintenance of a small wireless facility, replacement of a small
wireless facility that is substantially similar in size and design, or to install, maintain, and
operate a micro wireless facility. This section also states that a conditional use permit is
required to install a new small wireless facility support structure in districts zoned for single-
family residential use or is in a historic district established by federal or state law or city
ordinance.
Permit Conditions and Fees
Because small wireless facilities are meant to boost data coverage, they work as a network,
which means that multiple facilities are needed within a 2 mile radius. Many small cell
providers will be applying for multiple facilities at once and will likely place facilities in a
line within the public ROW. An applicant can submit a consolidated application with up to
15 small wireless facilities on the same application. The City may approve some small
wireless facilities and deny others if they impose on public health, safety, and welfare. Small
wireless facility permit application are on a 90-day deadline for action, but may be extended
by the City if the applicant fails to submit all required documents or there are 30 or more
applications seeking approval that were received within a seven day period.
There are several small wireless facility conditions addressed in the revised ordinance. When
it comes to the physical appearance of the facilities, small wireless facilities need to be of a
design that is compatible with the character of the surrounding area and use materials, colors,
textures, screening, and landscaping to blend in with the natural setting and built
environment. Facilities also may not extend more than ten feet above its wireless support
structure. Where a small wireless facility is collocated, it must be placed on the particular
wireless support structure and at the height specified in the permit application. If the
applicant proposes to collocate a facility on a decorative structure, such as a sign or light
post, the City can impose additional requirements to accommodate the design and
appearance of the structure to enhance or create visual and design consistency. For any
applicant that wishes to install a new wireless support structure, the structure may not exceed
Right-of-way and Telecommunications Ordinance Text Amendment
Page 4
50 feet in height unless the City has given written authorization. The City may also require
reasonable separation requirement between support structures.
For any small wireless facility collocated on a City -owned structure, the applicant will be
required to pay up to $150 per year for rent, $25 per year for maintenance fees, and a
monthly fee for electrical service if not purchased directly from a utility. Regardless if the
applicant is collocating or proposing to erect a wireless support structure, a small wireless
permit fee is set forth by the City's annual fee schedule and is set at $1,000 for 2019.
B. Chapter 74 Telecommunications, Article II Telecommunications Installation
Requirements
Because of the revisions made to the ROW ordinance, a few minor revisions were required to
the telecommunication ordinance.
4. CONCLUSION/RECOMMENDATION:
The ORC reviewed the right-of-way and telecommunication ordinances and recommended
approval of the revisions to the Planning Commission.
Staff recommends approval of the proposed text amendments to the right-of-way and
telecommunication ordinances.
5. PLANNING COMMISSION RECOMMENDATION:
The Planning Commission made a recommendation to approve the text amendments to the right-
of-way and telecommunication ordinances.
Attachments:
1. Red -lined Right -of -Way Ordinance
2. Red -lined Telecommunications Ordinance
3. Ordinance
4. Summary Ordinance
ARTICLE IV. - RIGHT-OF-WAY
Sec. 82-300. - Election to manage the public right-of-way.
In accordance with the authority granted to the City under state and federal statutory administrative
and common law, the City hereby elects to manage rights -of -way within its jurisdiction.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-301. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Abandoned facility means a facility no longer in service or physically disconnected from a portion of
the operating facility, or from any other facility, that is in use or still carries service, for a continuous period
of six mnnths
A facility is not abandened unless dGGIared se by the right of_way uoor.
Applicant means any person requesting permission to excavate or obstruct a right-of-way.
Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility
on, under, within, or adjacent to an existing wireless support structure that is owned privately or by the
City.
Commission means the state public utilities commission.
Congested right-of-way means a crowded condition in the subsurface of the public right-of-way that
occurs when the maximum lateral spacing between existing underground facilities does not allow for
construction of new underground facilities without using hand digging to expose the existing lateral
facilities in conformance with Minn. Stats. § 216D.04. subd. 3, over a continuous length in excess of 500
feet.
Construction performance bond means a form of financial security acceptable by the City.
Degradation means a decrease in the useful life of the right-of-way caused by excavation in or
disturbance of the right-of-way, resulting in the need to reconstruct such right-of-way earlier than would
be required if the excavation or disturbance did not occur.
Degradation cost subject to Minnesota Rules 7819.1100 means the cost to achieve a level of
restoration as determined by the City at the time the permit is issued, not to exceed the maximum
restoration shown in plates 1 to 13 of the state public utilities commission rules, set forth in Minnesota
Rules parts 7819.9900 to 7819.9959.
Degradation fee means the estimated fee established at the time of permitting by the City to recover
costs associated with the decrease in the useful life of the right-of-way caused by the excavation, and
which equals the degradation cost.
Department means the public works department of the City.
Department inspector means any person authorized by the City to carry out inspections related to
the provisions of this article.
Director means the public works director of the City, or her or his designee.
Delay penalty is the penalty imposed as a result of unreasonable delays in right-of-way excavation,
obstruction, patching or restoration as established by permit.
Emergency means a condition that:
(1) Poses danger to life or health or of a significant loss of property; or
(2) Requires immediate repair or replacement of facilities in order to restore service to a customer.
Equipment means any tangible asset used to install, repair, or maintain facilities in any right-of-way.
Excavate means to dig into or in any way remove or physically disturb or penetrate any parts of a
right-of-way.
Excavation permit means the permit which, pursuant to this article, must be obtained before a person
may excavate in a right-of-way. An excavation permit allows the holder to excavate that part of the right-
of-way described in such permit.
Excavation permit fee means money paid to the City by an applicant to cover the costs. (Refer to
section 82-308)
Facility or facilities means any tangible asset in the right-of-way required to provide utility service.
Five-year project plan means a plan with tentative locations and estimated beginning and ending
dates for all projects contemplated for the five years following the next calendar year.
High density corridor means a designated portion of the public right-of-way within which
telecommunications right-of-way users having multiple and competing facilities may be required to build
and install facilities in a common conduit system or other common structure.
Hole means an excavation in the pavement, with the excavation having a length less than the width
of the pavement.
Local representative means a local person or persons, or designee of such person or persons,
authorized by the registrant to accept service and to make decisions for that registrant regarding all
matters within the scope of this article.
Management costs means the actual costs the City incurs or a reasonable estimate thereof in
managing its rights -of -way, including such costs, if incurred, as those associated with registering
applicants; issuing, processing, and verifying right-of-way- permit applications; inspecting job sites and
restoration projects; maintaining, supporting, protecting, or moving user facilities during right-of-way work;
and revoking right-of-way permits.
Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches
wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Obstruct means to place any tangible object in a right-of-way so as to hinder free and open passage
over that or any part of the right-of-way.
Obstruction permit fee means money paid to the City by a permittee to cover the costs. (Refer to
section 82-305)
Patch or patching means a method of pavement replacement that is temporary in nature. A patch
consists of:
(1) The compaction of the sub -base and aggregate base; and
(2) The replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges
of the excavation in all directions. A patch is considered full restoration only when the pavement
is included in the City's five-year project plan.
Pavement means any type of improved surface that is within the public right-of-way and that is paved
or otherwise constructed with bituminous, concrete, aggregate, or gravel.
Permit means "right-of-way permit" to perform work in a public right-of-way, whether to excavate or
obstruct a right-of-way.
Permittee means any person to whom a permit to excavate or obstruct a right-of-way has been
granted by the City under this article.
Person means an individual or entity subject to the laws and rules of this state, however organized,
whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural
corporate, or political.
Registrant means any person who:
(1) Has or seeks to have its equipment or a facility located in any right-of-way; or
(2) In any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or
equipment in the right-of-way.
Restore or restoration means the process by which an excavated right-of-way and surrounding area,
including pavement and foundation, is returned to the same condition and life expectancy that existed
before excavation.
Restoration cost means the amount of money paid to the city by a permittee to achieve the level of
restoration according to plates 1 to 13 of the state public utilities commission rules.
Public right-of-way means the area on, below or above a public roadway, highway, street, cartway,
bicycle lane or public sidewalk in which the City has an interest, including other dedicated rights -of -way
for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a
right-of-way with regard to cellular or other non -wire telecommunications or broadcast service.
Public right-of-way permit means either the excavation permit or the obstruction permit or both,
depending on the context.
Right-of-way user means:
(1) A telecommunications right-of-way user; a person owning or controlling a facility in the public
right-of-way, or seeking to own or control a facility in the public right-of-way, that is used or is
intended to be used for transporting telecommunications or other voice or data information; or
(2) A person owning or controlling a facility in the right-of-way that is used or intended to be used
for providing utility service, and who has a right under permit, law, franchise, or ordinance to use
the public right-of-way.
Service or utility service includes:
(1) Those services provided by a public utility as defined in Minn. Stats. § 216B.02, subds. 4 and
6;
(2) Services of a telecommunications right-of-way user, including transporting of voice or data
information;
(3) Services of a cable communications system as defined in Minn. Stat. ch. 238;
(4) Natural gas or electric energy or telecommunications services provided by the city;
(5) Services provided by a cooperative electric association organized under Minn. Stats. ch. 308A;
and
(6) Water, and sewer, including service laterals, steam, cooling or heating services.
Service lateral means an underground facility that is used to transmit, distribute, or furnish gas,
electricity, communications, or water from a common source to an end -use customer. A service lateral is
also an underground facility that is used in the removal of wastewater from a customer's premises.
Small wireless facilitv means a wireless facilitv that meets both of the followina aualifications: (1
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet; and (2) all other wireless equipment associated with the small
wireless facility, excluding electric meters, concealment elements, telecommunications demarcation
boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches,
cable, conduit, vertical cable runs for the connection of power and other services, and any equipment
concealed from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume.
Supplementary application means an application made to excavate or obstruct more of the right-of-
way than allowed in, or to extend, a permit that had already been issued.
Temporary surface means the compaction of sub -base and aggregate base and replacement, in
kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when
the replacement is of the pavement included in the city's project plans, in which case is considered full
restoration.
Trench means an excavation in the pavement, with the excavation having a length equal to or
greater than the width of the pavement.
Telecommunication right-of-way user means a person owning or controlling a facility in the right-of-
way, or seeking to own or control a facility in the right-of-way, that is used or intended to be used for
transporting telecommunication or other voice or data information. For the purposes of this article, a cable
communication system defined and regulated under Minn. Stats. ch. 238, and telecommunication
activities related to the providing natural gas or electric energy services whether provided by a public
utility as defined in Minn. Stat. § 216B.02, a municipality, a municipal gas or power agency is organized
under Minn. Stats. chs. 453 and 453A, or a cooperative electric association organized under Minn. Stats.
ch. 308A, are not telecommunication right-of-way users for purposes of this article.
Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless facility means equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including: (1) equipment associated with
wireless service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration; and(3) a small wireless
facility. "Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities;
or (3) coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not
otherwise immediatelv adiacent to or directiv associated with a soecific antenna.
Wireless service means any service using licensed or unlicensed wireless spectrum, including the
use of Wi-Fi. whether at a fixed location or by means of a mobile device. that is provided usina wireless
facilities
Wireless support structure means a new or existing structure in a public right-of-way designed to
support or capable of supporting small wireless facilities, as reasonably determined by a local
government unit.
Wireline backhaul facility means a facility used to transport communications data by wire from a
wireless facility to a communications network.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-302. - Registration and right-of-way occupancy.
(a) Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of-way or
place any equipment or facilities in or on the right-of-way, including persons with installation and
maintenance responsibilities by lease, sublease or assignment, must register with the City.
Registration will consist of providing application information, any other requested information
necessary to evaluate the proposal, and paying a registration fee.
(b) Registration prior to work. No person may construct, install, repair, remove, relocate or perform any
other work on, or use any facilities or any part thereof, or in any right-of-way without first being
registered with the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-303. - Registration information.
(a) Information required. The information provided to the City at the time of registration shall include,
but not be limited to:
(1) Each registrant's name, Gopher One -Call registration certificate number, address and e-mail
address, if applicable, and telephone and facsimile numbers.
(2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of
a local representative. The local representative or designee shall be available at all times.
Current information regarding how to contact the local representative in an emergency shall be
provided at the time of registration.
(3) A certificate of insurance or self-insurance:
a. Verifying that an insurance policy has been issued to the registrant by an insurance
company licensed to do business in the State of Minnesota, or a form of self-insurance
acceptable to the City;
b. Verifying that the registrant is insured against claims for personal injury, including death, as
well as claims for property damage arising out of the (i) use and occupancy of the right-of-
way by the registrant, its officers, agents, employees and permittees, and (ii) placement
and use of facilities and equipment in the right-of-way by the registrant, its officers, agents,
employees and permittees, including, but not limited to, protection against liability arising
from completed operations, damage of underground facilities and collapse of property;
c. Naming the City as an additional insured as to whom the coverages required herein are in
force and applicable and for whom defense will be provided as to all such coverages;
d. Requiring that the City be notified 30 days in advance of cancellation of the policy or
material modification of a coverage term; and
e. Indicating comprehensive liability coverage, automobile liability coverage, workers
compensation and umbrella coverage established by the city in amounts sufficient to
protect the city and the public and to carry out the purposes and policies of this article.
(4) The City may require a copy of the actual insurance policies.
(5) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stats.
[§] 300.06 as recorded and certified to by the secretary of state.
(6) A copy of the person's order granting a certificate of authority from the state public utilities
commission or other applicable state or federal agency, where the person is lawfully required to
have such certificate from said commission or other state or federal agency.
(b) Notice of changes. The registrant shall keep all of the information listed above current at all times by
providing to the City information as to changes within 15 days following the date on which the
registrant has knowledge of any change.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-304. - Reporting obligations.
(a) Operations. Each registrant shall, at the time of registration and by December 1 of each year, file a
construction and major maintenance plan for underground facilities with the city. Such plan shall be
submitted using a format designated by the City and shall contain the information determined by the
City to be necessary to facilitate the coordination and reduction in the frequency of excavations and
obstructions of rights -of -way.
The plan shall include, but not be limited to, the following:
(1) The locations and the estimated beginning and ending dates of all projects to be commenced
during the next calendar year; and
(2) To the extent known, the tentative locations and estimated beginning and ending dates for all
projects contemplated for the five years following the next calendar year.
The term project in this section shall include both next -year projects and five-year projects.
By January 1 of each year, the City will have available for inspection in the City's office a composite
list of all projects of which the City has been informed of the annual plans. All registrants are responsible
for keeping themselves informed of the current status of this list.
Thereafter, by February 1, each registrant may change any projects in its list of next -year projects,
and must notify the City and all other registrants of all such changes in said list.
Notwithstanding the foregoing, a registrant may at any time join in a next -year project of another
registrant listed by the other registrant.
(b) Additional next -year projects. Notwithstanding the foregoing, the City may give consideration to an
application for a right-of-way permit for failure to include a project in a plan submitted to the City if the
registrant has used commercially reasonable efforts to anticipate and plan for the project.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-305. = Right -of -Way Permit requirement.
(a) Permit required. Except as otherwise provided in this Code, no person may obstruct or excavate
any right-of-way without first having obtained the appropriate right-of-way permit from the City to do
so.
(1) Excavation permit. An excavation permit is required by a registrant to excavate that part of the
right-of-way described in such permit and to hinder free and open passage over the specified
portion of the right-of-way by placing facilities described therein, to the extent and for the
duration specified therein.
(2) Obstruction permit. An obstruction permit is required by a registrant to hinder free and open
passage over the specified portion of right-of-way by placing equipment described on the right-
of-way, to the extent and for the duration specified. An obstruction permit is not required if a
person already possesses a valid excavation permit for the same project.
(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility or to otherwise install
a small wireless facility in the specified portion or the right-of-way, to the extent specified
therein, provided that such permit shall remain in effect for the length of time the facility is in
use, unless lawfully revoked. No small wireless facility permit is required to solely conduct: 1)
routine maintenance of a small wireless facilitV; 2) replacement of a small wireless facilitV with a
new facilitV that is substantially similar or smaller in size, weight, height, and wind or structural
loading than the small wireless facilitV being replaced; or 3) installation, placement,
maintenance, operation, or replacement of micro wireless facilities that are suspended on
cables provider is required to make written notice of such activities to the City if the micro
wireless facilitv work will obstruct a public riaht-of-way. A small wireless facility permit is
required for the work specified in this paragraph regardless of whether the applicant also
possesses an excavation permit or an obstruction permit.
(4) Small Wireless Conditional Use permit. A conditional use permit is required to install a
new wireless support structure in a right-of-way where the underlying district or area is zoned
for single-family residential use or is in a historic district established bV federal or state law or
citV ordinance. TheAll proposed small wireless facility and support structure is4o-be
eoegrueMshall be compatible with the character of the surrounding area and use design,
materials, colors, textures, screening, and landscaping to blend in with the natural setting anc
built environment.
(b) Permit extensions. No person may excavate or obstruct the right-of-way beyond the date or dates
specified in the permit unless (i) such person makes a supplementary application for another right-of-
way permit before the expiration of the initial permit, and (ii) a new permit or permit extension is
granted.
(c) Delay penalty. The City shall establish and impose a delay penalty for unreasonable delays in right-
of-way excavation, obstruction, patching or restoration. The delay penalty shall be established from
time to time by city council resolution. A delay penalty may not be imposed if the delay in project
completion is due to circumstances caused by the City.
(d) Permit display. Permits shall be conspicuously displayed or otherwise available at all times at the
indicated work site and shall be available for inspection by the City.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-306. -= Right -of -Way Permit applications.
Application for a permit is made to the City. Right-of-way permit applications shall contain, and will
be considered complete only upon compliance with, the requirements of the following provisions:
(a) Registration with the city pursuant to this article.
(b) Submission of a completed permit application form, including all required attachments, and
scaled drawings showing the location and area of the proposed project and the location of all
known existing and proposed facilities.
(c) Payment of money due the City for:
(1) Permit fees, estimated restoration costs and other management costs;
(2) Prior obstructions or excavations;
(3) Any undisputed loss, damage, or expense suffered by the City because of applicant's prior
excavations or obstructions of the rights -of -way or any emergency actions taken by the
city;
(4) Franchise fees or other charges, if applicable.
(d) Payment of disputed amounts due the city by posting security or depositing in an escrow account an
amount equal to at least 110 percent of the amount owing.
(e) Posting an additional or larger construction performance bond for additional facilities when applicant
requests an excavation permit to install additional facilities and the City deems the existing
construction performance bond inadequate under applicable standards.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-307. - Issuance of permit; conditions.
(a) Permit issuance. If the applicant has satisfied the requirements of this article, the City may issue a
permit.
(b) Conditions. The city may impose reasonable conditions upon the issuance of the permit and the
performance of the applicant to protect the health, safety and welfare or when necessary to protect
the right-of-way and its current use.
(c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless
support structure, the collocation of a small wireless facilitV, or other installation of a small wireless
facilitV in the right-of-waV, shall be subject to the following conditions.
(1) When feasible, a small wireless facility shall be collocated on an existing wireless support
structure in the right-of-way. In addition, each new wireless support structures shall be
designed to allow the collocation of wireless facilities. A small wireless facility shall only be
collocated on the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit application;
(2) All small wireless facilities and support structures shall be compatible with the character
of the surrounding area, and structure it is placed on, and use design, materials, colors,
textures, screening, and landscaping to blend in with the natural setting and built
environment. Any deviations from this requirement must be requested bV the applicant as
part of the small wireless facility permit application, and if granted by the City, will be
provided for in the Collocation Agreement;
New wireless support structures installed within the right-of-way shall not exceed 50 feet
in height without the City's written a uther'zat'en nrey'ded that theauthorization. The City
may impose a lower height limit in the applicable permit to protect the public health, safety
and welfare or to protect the right-of-waV and its current use. Any lower height limit
imposed bV the City shall comply with maximum heights allowed in the applicable zoning
districts, this shall include but is not limited to utility poles and street lights in the area-,
further pre„mded that anAn applicant maV replace an existing wireless support structure
exceeding 50 feet in height with a structure of the same height subject to such conditions
or requirements as maV be imposed in the applicable permit. An" lower heinht I•,,,•+
it i shall compiv with maximum he'nhts allowed in the annl'nahle
rrc
districts, this shall include but is not limited to ufilitv Poles and street 1pqhts in
the—tefrrrs- -A.A` P-A-IndFtmeRS of the !ewer hoinh+ shall beprevAed for in the nrJerl i
GelleGatien Anreement-
4) No wireless facilitv may extend more than 10 feet above its wireless support structure:
5) Where an applicant proposes to install a new wireless support structure in the right-of-
way, the City may impose reasonable separation requirements between such structure and
anv existina wireless support structure or other facilities in and around the riaht-of-wav:
(6) Where an
applicant proposes collocation on a decorative wireless support structure, sign or other
structure not intended to support small wireless facilities, , in addition to stealth rdesinn
the (wit i magi impose additional reasonable requirements to annom no at
���Iar clesic1n, appearance or intended purpose ef suGh structure, and to enhanGe er
the applicant shall design the wireless
support structure to be compatible with the character of the surrounding area, and structure
it is placed on, and use design, materials, colors, textures, screening, and landscaping to
blend in with the natural settina and built environment.
(7) Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
(d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a &mats
wireless support structure owned or controlled by the City, or any other City asset in the right-of-way,
after the applicant has executed a small wireless facilitv Collocation Aareement with the Citv. The
standard collocation agreement may require payment of the following.
(1) Up to $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at a rate of:
(i) $73 per radio node less than or equal to 100 maximum watts;
ii $182 per radio node over 100 maximum watts; or
(iii) The actual costs of electricity, if the actual costs exceed the foregoing.
The Collocation Agreement shall be in addition to, and not in lieu of, the required small wireless
facility permit, provided, however, that the applicant shall not be additionally required to obtain a
license or franchise in order to collocate. Issuance of a small wireless facility permit does not
supersede, alter or affect any then -existing agreement between the City and applicant.
Deadline for action on small wireless facilities. The Citv shall approve or denv a small wireless
facility permit application within 90 days after filing of such application.
(f) Consolidated applications for small wireless facilities. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to 15 small wireless
facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the
application.
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small
wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny
all small wireless facilities in the application.
(g) Deadline on small wireless facilities. The 90-day deadline for action on a small wireless facility
permit application may be +;polled:
(1) The City receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the City
may extendtoll the deadline for all such applications by 30 days by informing the affected
applicants in writing of such extension;
2) The 90-dav deadline may be tolled if. Tthe applicant fails to submit all reauired documents
or information and the City provides written notice of incompleteness to the applicant within
30 days of receipt the application. Upon submission of additional documents or
information. the Citv shall have ten days to notifv the applicant in writina of anv still-missina
information;
(3) The City and a small wireless facility applicant agree in writing to waive or extend the
review period.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-308. - Permit fees.
(a) Excavation permit fee. The City shall establish an excavation permit fee in an amount sufficient to
recover the following costs:
(1) The City management costs;
(2) The degradation costs, if applicable.
(b) Obstruction permit fee. The City shall establish the obstruction permit fee and shall be in an amount
sufficient to recover the management costs.
(c) Payment of permit fees. No excavation permit or obstruction permit shall be issued without payment
of excavation or obstruction permit fees. The City may allow applicant to pay such fees within 30
days of billing.
(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee
schedule for the City of Hugo, in an amount sufficient to recover:
(1) The City management costs;
Site plan review costs. and:
(3) City engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
_(ed) Nonrefundable. Permit fees that were paid for a permit that the City has revoked for a breach are
not refundable.
_(fe) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be
charged separately from and in addition to the franchise fees imposed on a right-of-way user in the
franchise agreement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-309. - Right-of-way patching and restoration.
(a) Timing. The work to be done under the excavation permit, and the patching and restoration of the
right -of way as required, must be completed within the dates specified in the permit, increased by as
many days as work could not be done because of circumstances beyond the control of the permittee
or when work was prohibited as unseasonal or unreasonable.
(b) Patching and restoration. Permittee shall patch its own work. The City may choose either to have
the permittee restore the right-of-way or to restore the right-of-way itself.
(1) Permittee restoration. If the permittee restores the right-of-way itself, it shall at the time of
application for an excavation permit post a construction performance bond.
(2) City restoration. If the city restores the right-of-way, permittee shall pay the costs thereof within
30 days of billing. If, following such restoration, the pavement settles due to permittee's
improper backfilling, the permittee shall pay to the City, within 30 days of billing, all costs
associated with correcting the defective work.
(3) Degradation fee in lieu of restoration. In lieu of right-of-way restoration, a right-of-way user may
elect to pay a degradation fee. However, the right-of-way user shall remain responsible for
patching and the degradation fee shall not include the cost to accomplish these responsibilities.
(c) Standards. The permittee shall perform excavation, backfilling, patching and restoration according
to the standards and with the materials specified by the City and shall comply with Minnesota Rule
7819.1100.
(d) Duty to correct defects. The permittee shall correct defects in patching or restoration performed by
permittee or its agents. The permittee upon notification from the City shall correct all restoration work
to the extent necessary, using the method required by the city. Said work shall be completed within
five working days of the receipt of the notice from the city, not including days during which work
cannot be done because of circumstances constituting force majeure or days when work is
prevented by extreme weather unless required earlier to avoid a hazard or damage to persons or
property.
(e) Failure to restore. If the permittee fails to restore the right-of-way in the manner and to the condition
required by the City, or fails to satisfactorily and timely complete all restoration required by the City,
the City at its option may do such work. In that event, the permittee shall pay to the City, within 30
days of billing, the cost of restoring the right-of-way. If permittee fails to pay as required, the City may
exercise its rights under the construction performance bond.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-310. - Joint applications.
(a) Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at
the same place and time.
(b) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the
City does not perform, may share in the payment of the obstruction or excavation permit fee. In order
to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and
indicate the same on their applications.
(c) With City projects. Registrants who join in a scheduled obstruction or excavation performed by the
city, whether or not it is a joint application by two or more registrants or a single application, are not
required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit
will still be required.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-311. - Supplementary applications.
(a) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in the
permit. No permittee may do any work outside the area specified in the permit. Any permittee which
determines that an area greater than that specified in the permit must be obstructed or excavated
must before working in that greater area (i) make application for a permit extension and pay any
additional fees required, and (ii) be granted in writing a new permit or permit extension.
(b) Limitation on dates. A right-of-way permit is valid only for the dates specified in the permit. No
permittee may begin its work before the permit start date or, continue working after the end date. If a
permittee does not finish the work by the permit end date, it must apply for a new permit for the
additional time it needs, and receive the new permit or an extension of the old permit before working
after the end date of the previous permit. This supplementary application must be submitted before
the permit end date.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-312. - Other obligations.
(a) Compliance with other laws. Obtaining a right-of-way permit does not relieve permittee of its duty to
obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or
other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state
and federal laws, including but not limited to Minn. Stats. § 216D.01—.09 (Gopher One Call
Excavation Notice System) and Minnesota Rules ch. 7560. A permittee shall perform all work in
conformance with all applicable codes and established rules and regulations, and is responsible for
all work done in the right-of-way pursuant to its permit, regardless of who does the work.
(b) Interference with right-of-way. A permittee shall not so obstruct a right-of-way that the natural free
and clear passage of water through the gutters or other waterways shall be interfered with. Private
vehicles of those doing work in the right-of-way may not be parked within or next to a permit area,
unless parked in conformance with city parking regulations. The loading or unloading of trucks must
be done solely within the defined permit area unless specifically authorized by the permit.
(c) Prohibited work. Except in an emergency, and with the approval of the City, no right-of-way
obstruction or excavation may be done when seasonally prohibited or when conditions are
unreasonable for such work.
(d) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless
excavation methods including, but not limited to, horizontal directional drilling, shall follow all
requirements set forth in Minn. Stats. § 216D and Minnesota Rules, ch. 7560 and shall require pot
holing or open cutting over existing underground utilities before excavating as determined by the
director.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-313. - Denial of permit.
The City may deny a permit for failure to meet the requirements and conditions of this article or if the
city determines that the denial is necessary to protect the health, safety, and welfare or when necessary
to protect the right-of-way and its current use.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-314. - Installation requirements.
The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way
shall be done in conformance with Minnesota Rules 7819.1100 and 7819.500 and other applicable local
requirements, in so far as they are not inconsistent with the Minn. Stats. §§ 237.162 and 237.163.
Installation of service laterals shall be performed in accordance with Minnesota Rules chapter 7560 and
city ordinances and design standards. Service lateral installation is further subject to those requirements
and conditions set forth by the City in the applicable permits.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-315. - Inspection.
(a) Notice of completion. When work under any permit is completed, the permittee shall notify the
director of completion.
(b) Site inspection. Permittee shall make the work -site available to the City and to all others as
authorized by law for inspection at all reasonable times during the execution of and upon completion
of the work.
(c) Authority of director.
(1) At the time of inspection, the director may order the immediate cessation of any work which
poses a serious threat to the life, health, safety or well-being of the public.
(2) The director may issue an order to the permittee for any work that does not conform to the
terms of the permit or other applicable standards, conditions or codes. The order shall state that
failure to correct the violation will be cause for revocation of the permit. Within ten days after
issuance of the order, the permittee shall present proof to the director that the violation has
been corrected. If such proof has not been presented within the required time, the director may
revoke the permit pursuant to section 82-318.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-316. - Work done without a permit.
(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding its
facilities that it or the City considers to be an emergency. The re istFa ,+ may .,FOGeed to take
.,ham+o"or +; ,.,s aFe ReG8ssary + ,.,,, to the orr,or o., ,,The registrant shall take actions as are
reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
rp operty. Excavator's notification to Gopher State One Call regarding an emergency situation does
not fulfill this requirement.
Within two business days after the occurrence of the emergency, the registrant shall apply for the
necessary permits, pay the necessary fees, and fulfill the rest of the requirements to bring itself into
compliance with this article for the actions it took in response to the emergency.
If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to
contact the local representative of each registrant affected, or potentially affected, by the emergency. In
any event, the city may take whatever action it deems necessary to respond to the emergency, the cost of
which shall be borne by the registrant whose facilities occasioned the emergency.
(b) Nonemergency situations. Except in an emergency involving potential loss of life or substantial
damage to property, any person who, without first having obtained the necessary permit, obstructs or
excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the
normal fee for said permit, pay double all the other fees required by this Code, deposit with the City
the fees necessary to correct any damage to the right-of-way and comply with all of the requirements
of this article.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-317. - Supplementary notification.
If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on
the permit, permittee shall notify the City of the accurate information as soon as this information is known.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-318. - Revocation of permits.
(a) Substantial breach. The City reserves its right, as provided herein, to revoke any right-of-way permit
without a fee refund, if there is a substantial breach of the terms and conditions of any statute,
ordinance, rule or regulation, or any material condition of the permit. A substantial breach by
permittee shall include, but shall not be limited to, the following:
(1) The violation of any material provision of the right-of-way permit;
(2) An evasion or attempt to evade any material provision of the right-of-way permit, or the
perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens;
(3) Any material misrepresentation of fact in the application for a right-of-way permit;
(4) The failure to complete the work in a timely manner, unless a permit extension is obtained or
unless the failure to compete the work is due to reasons beyond the permittee's control; or
(5) The failure to correct, in a timely manner, work that does not conform to a condition indicated
on an order issued pursuant to section 82-315.
(b) Written notice of breach. If the City determines that the permittee has committed a substantial
breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit,
the City shall make a written demand upon the permittee to remedy such violation except in the case
of emergency determined by the City in which case the city may give such notice as is reasonably
practical under the circumstances and thereafter proceed to correct the condition at the permittee's
expense. The demand shall state that continued violations may be cause for revocation of the
permit. A substantial breach, as stated above, will allow the city, at its discretion, to place additional
or revised conditions on the permit to mitigate and remedy the breach.
(c) Response to notice of breach. Within 24 hours of receiving notification of the breach, permittee shall
provide the city with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so
contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to
reasonably implement the approved plan, shall be cause for immediate revocation of the permit.
(d) Reimbursement of City costs. If a permit is revoked, the permittee shall also reimburse the City for
the City's reasonable costs, including restoration costs and the costs of collection and reasonable
attorneys' fees incurred in connection with such revocation.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-319. - Mapping data.
Each registrant and permittee shall provide mapping information when practical and as requested by
the director. Such maps and drawings shall be provided consistent with the City's electronic mapping
system when practical or as a condition imposed by the director. Failure to provide maps and drawings
pursuant to this subsection shall be grounds for revoking the permit holder's registration.
All permits issued for the installation or repair of service laterals, other than minor repairs as defined
in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of
establishing the horizontal locations of installed service laterals, and the service lateral vertical locations
in those cases where the director reasonably requires it. Permittees or their subcontractors shall submit to
the director evidence satisfactory to the director of the installed service lateral locations. Compliance with
this subdivision 2 and with applicable Gopher State One Call law and Minnesota Rules governing service
laterals install after December 31, 2005, shall be a condition of any City approval necessary for:
(1) Payments to contractors working on a public improvement project including those under Minn.
Stats. ch. 429; and
(2) City approval of performance under development agreements, or other subdivision or site plan
approval under Minn. Stats. ch. 462. The director shall reasonably determine the appropriate
method of providing such information to the City. Failure to provide prompt and accurate
information on the service laterals installed may result in the revocation of the permit issued for
the work or for future permits to the offending permittee or its subcontractors.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-320. - Location and relocation of facilities.
(a) Placement, location and relocation of facilities must comply with the Ac-tordinance, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the
rules to not limit authority otherwise available to cities.
(b) Corridors. The City may assign specific corridors within the right-of-way, or any particular segment
thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the
city expects will someday be located within the right-of-way. All excavation, obstruction, or other
permits issued by the City involving the installation or replacement of facilities shall designate the
proper corridor for the facilities at issue.
(c) Limitation of space. To protect health, safety, and welfare, or when determined by the City
necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or
limit the placement of new or additional facilities within the right-of-way. In making such decisions,
the City shall strive to the extent possible to accommodate all existing and potential users of the
right-of-way, but shall be guided in the City's discretion primarily by considerations of the public
interest, the public's needs for the particular utility service, the condition of the right-of-way, and the
time of year with respect to essential utilities, the protection of existing facilities in the right-of-way,
and future City plans for public improvements and development projects which have been
determined to be in the public interest.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-321. - Pre -excavation facilities location.
In addition to complying with the requirements of the One Call Excavation Notice System before the
start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be
excavated shall mark the placement of all said facilities. Any registrant whose facilities are less than 20
inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-322. - Damage to other facilities.
When the City does work in the right-of-way and finds it necessary to maintain, remove, support, or
move a registrant's facilities to protect it, the City shall notify the local representative as early as is
reasonably possible. The costs associated therewith will be billed to that registrant and must be paid
within 30 days from the date of billing. Each registrant shall be responsible for the cost of repairing any
facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the
cost of repairing any damage to the facilities of another registrant caused during the City's response to an
emergency occasioned by that registrant's facilities.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-323. - Right-of-way vacation.
Reservation of right. If the city vacates a right-of-way that contains the facilities of a registrant, the
registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-324. - Indemnification and liability.
By registering with the City, or by accepting a permit, a registrant or permittee agrees to defend and
indemnify the City in accordance with the provisions of Minnesota Rule 7819.12500.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-325. - Abandoned and unusable facilities.
(a) Discontinued operations. A registrant who has determined to discontinue all or a portion of its
operations in the City must provide information satisfactory to the city that the registrant's obligations
for its facilities in the right-of-way under this article have been lawfully assumed by another
registrant.
(b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a
continuous period of six months, the system shall be deemed abandoned and shall constitute a
public nuisance. Any person who has abandoned facilities in the right-of-way shall remove them from
that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction,
unless the director waives this requirement.
(Ord. No. 2010-445, § 2, 4-5-2010)
Sec. 82-326. - Appeal.
A right-of-way user that:
(1) Has been denied registration;
(2) Has been denied a permit;
(3) Has had a permit revoked;
(4) Believes that the fees imposed are not in conformity with Minn. Stats. § 237.163, subd. 6; or
(5) Disputes a determination of the director may have the denial, revocation, fee imposition, or
decision reviewed, upon written request, by the City Council.
The City Council shall act on a timely written request as soon as reasonably possible. A decision by the
City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written
findings establishing the reasonableness of the decision.
(Ord. No. 2010-445, § 2, 4-5-2010)
Secs. 82-327-82-349. - Reserved.
ARTICLE II. -TELECOMMUNICATION INSTALLATION REGULATIONS
Sec. 74-19. - Definitions.
The following words, terms and phrases, when used in this article, shall have the meanings ascribed
to them in this section, except where the context clearly indicates a different meaning:
Administrator means the city administrator (or equivalent position at the city) or designated
representative.
Company means a natural or corporate person, business association, political subdivision, public or
private agency of any kind, its successors and assigns, who or which seeks or is required to construct,
install, operate, repair, maintain, remove or relocate facilities in the city.
Facilities means communications lines or equipment of any kind, including, but not limited to, lines or
equipment for the transmission of audio, video, or data, or other similar communications services, not
otherwise governed by any state law granting exclusive jurisdiction to the state level, including al trunks,
lines, cables, wires, optical fibers or other fiber optic cables, laser equipment, circuits, physical
connections, switching equipment, wireless communication equipment of all kinds, towers, and any
necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along
any public ground.
Public ground means highways, roads, streets, alleys, public ways, utility easements and public
grounds in the city.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1)
each antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an
antenna that has exposed elements, the antenna and all its exposed elements could fit within an
enclosure of no more than six cubic feet: and (2) all other wireless equipment associated with the small
wireless facility, excluding electric meters, concealment elements, telecommunications demarcation
boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches
cable, conduit. vertical cable runs for the connection of power and other services and any equipment
concealed from public view within or behind an existing structure or concealment, is in aggregate no more
than 28 cubic feet in volume
(Prior Code, § 270-010)
Sec. 74-20. - Permit procedure.
(a) Permit required. A company may not construct, install, repair, remove or relocate facilities, or any
part thereof, in, on, over, under or along public ground without first obtaining a permit from the city.
(b) Application. Application for a permit is made to the administrator.
(c) Issuance of permit. If the administrator determines that the applicant has satisfied the
requirements of applicable ordinances, the administrator may issue a permit to the company. An
applicant may contest a permit denial or the conditions of approval by written notice to the clerk
requesting the city council review within 14 days of the administrator's action. The council shall hear
any contest of the administrator's actions under this article within 45 days of the city clerk's receipt of
the contest notice. Nothing in this article precludes the city from requiring a franchise agreement with
the applicant, as allowed by law, in addition to the issuance of a permit set forth herein.
(d) Permit fee. The application must be accompanied by the permit fee set by the city council by
resolution.
(e) Security for completion of work. Prior to commencement of work, the company must deposit with
the city security in the form of a certified check, letter of credit or construction bond, in a sufficient
amount as determined by the administrator for the completion of the work. The securities will be held
until the work is completed plus a period of 12 months thereafter to guarantee that restoration work
has been satisfactorily completed. Upon application of the company, providing such information as
the administrator may require, if two or more work projects are to be constructed during a calendar
year, the administrator may accept, in lieu of separate security for each project, a single security for
multiple projects in such form and amount as determined, in the discretion of the administrator, to be
sufficient to assure completion of all projects which may be in progress at any one time during that
calendar year and to guaranty that restoration work will be satisfactorily completed. The security will
then be returned to the company with interest if required by law and at the applicable statutory rate.
(f) Inspection of work. When the work is completed the company must request an inspection by the
administrator. The administrator will determine if the work has been satisfactorily completed and
provide the company with a written report of the inspection and approval.
Small Wireless Facility. For conditions on small wireless facility ermits. refer to Chapter 82
Utilities, Article IV Right-of-way.
(Prior Code, § 270-020)
Sec. 74-21. - Restoration and relocation.
(a) Restoration. Upon completion of the work, the company must restore the general area of the work,
including paving and its foundations, to the same condition that existed prior to commencement of
the work and must exercise reasonable care to maintain the same condition for two years thereafter.
The work must be completed as promptly as weather permits. If the company does not promptly
perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the
public ground to the same condition, the city may put it in the same condition at the expense of the
company. The company must, upon demand, pay to the city the direct and indirect cost of the work
done for or performed by the city, including but not limited to the city's administrative costs. To
recover its costs, the city will first draw on the security posted by the company and then recover the
balance of the costs incurred from the company directly by written demand. This remedy is in
addition to any other remedies available to the city.
(b) Company -initiated relocation. The company must give the city written notice prior to a company -
initiated relocation of facilities. A company -initiated relocation must be at the company's expense and
must be approved by the city, such approval not to be unreasonably withheld.
(c) City -required relocation. The company must promptly and at its own expense, with due regard for
seasonal working conditions, permanently relocate its facilities whenever the city requires such
relocation.
(d) Relocation where public ground vacated. The vacation of public ground does not deprive the
company of the right to operate and maintain its facilities in the city. If the vacation proceedings are
initiated by the company, the company must pay the relocation costs. If the vacation proceedings are
initiated by the city or other persons, the company must pay the relocation costs unless otherwise
agreed to by the city, company and other persons.
(Prior Code, § 270-030)
Sec. 74-22. - Company default.
(a) Notice. If the company is in default in the performance of the work authorized by the permit,
including but not limited to restoration requirements, for more than 30 days after receiving written
notice from the city of the default, the city may terminate the rights of the company under the permit.
The notice of default must be in writing and specify the provisions of the permit under which the
default is claimed and state the grounds of the claim. The notice must be served on the company by
certified mail to the address listed by the company on its permit application.
(b) City action on default. If the company is in default in the performance of the work authorized by
the permit, the city may, after the above notice to the company and failure of the company to cure
the default, take such action as may be reasonably necessary to abate the condition caused by the
default. The company must reimburse the city for the city's reasonable costs, including costs of
collection and attorney's fees incurred as a result of the company default. The security posted under
section 75-20(e) will be applied by the city for such reimbursement.
(Prior Code, § 270-040)
Sec. 74-23. - Indemnification.
(a) Scope. The company will indemnify, keep and hold the city, its elected officials, officers, employees,
and agents free and harmless from any and all claims and actions on account of injury or death of
persons or damage to property occasioned by the construction, installation, maintenance, repair,
removal, relocation or operation of the facilities affecting public ground, unless such injury or damage
is the result of the negligence of the city, its elected officials, employees, officers, or agents. The city
will notify the company of claims or actions and provide a reasonable opportunity for the company to
accept and undertake the defense.
(b) Claim defense. If a claim or action is brought against the city under circumstances where
indemnification applies, the company, at its sole expense, shall defend the city if written notice of the
claim or action is given to the company within a period wherein the company is not prejudiced in the
defense of such claim or action by lack of such notice. If the company undertakes the defense, the
company shall have complete control of such claim or action, but it may not settle without the
consent of the city, which shall not be unreasonably withheld. This section is not, as to third parties,
a waiver of any defense or immunity otherwise available to the city. In defending any action on behalf
of the city, the company is entitled to assert every defense or immunity that the city could assert in its
own behalf.
(Prior Code, § 270-050)
Sec. 74-24. - Other conditions of use.
(a) Use of public ground. Facilities must be located, constructed, installed, maintained or relocated so
as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of
public ground. The facilities are subject to additional conditions of the permit as established by the
administrator including but not limited to:
(1) The right of inspection by the city at reasonable times and places;
(2) The obligation to relocate the facilities pursuant to subsections 74-21(c) and (d); and
(3) Compliance with all applicable regulations imposed by the state public utilities commission and
other state and federal laws, including prompt compliance with the requirements of the Gopher
State One Call program, Minn. Stats. ch. 216D.
(b) Location. The facilities must be placed in a location agreed to by the city. The company shall give
the city 45 days' advanced written notice of the company's proposed location of facilities within the
public ground. No later than 45 days after the city's receipt of the company's written notice, the city
will notify the company in writing of the city's acceptance or rejection of the proposed location. If the
city rejects the company's proposed location, the city may propose alternative locations. The city
does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45
days.
(c) Emergency work. A company may open and disturb the surface of public ground without a permit
where an emergency exists requiring the immediate repair of its facilities. In such event the company
must request a permit not later than the second working day thereafter and comply with the
applicable conditions of the permit. In no event may the company undertake such an activity which
will result in the closing of a street or alley without prior notification to the city.
(d) Street improvements, paving or resurfacing. The city will give the company advance written
notice of plans for street improvements where permanent paving or resurfacing is involved. The
notice must contain:
(1) The nature and character of the improvements;
(2) The streets upon which the improvements are to be made;
(3) The extent of the improvements;
(4) The time when the city will start the work; and
(5) If more than one street is involved, the sequence in which the work is to proceed.
(e) Company to protect facilities. The company must take reasonable measures to prevent the
facilities from causing damage to persons or property. The company must take reasonable measures
to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the
elements. The company must take specific protective measures when the city performs work near
the facilities.
(f) Prior service connections. In cases where the city is undertaking the paving or resurfacing of
streets, and the facilities are located under such street, the company may be required to install
service connections prior to the paving or resurfacing, if it is apparent that service will be required
during the five-year period following the paving or resurfacing.
(Prior Code, § 270-060)
Sec. 74-25. - Facilities existing prior to article provisions.
Companies with facilities, in, on, over, under or along public ground on the effective date of the
article from which this chapter is derived must take prompt action to comply with this chapter and the
permits authorized by this chapter. A company, however, is not required to reapply for a permit obtained
from the city prior to the effective date of the article from which this chapter is derived. A company is not
required to pay the difference between the permit fee of a previously obtained permit and the equivalent
newly obtained permit under this chapter. All other provisions of this article apply to existing facilities.
(Prior Code, § 270-070)
Sec. 74-26. - Acceptance of requirements.
By receiving a permit pursuant to this article, the company accepts and agrees to comply with all of
the requirements of this article.
(Prior Code, § 270-080)
Sec. 74-27. - Public ground other than right-of-way.
Nothing in this article is intended to grant to the company authority beyond that given by Minn. Stats.
§ 222.37 for use of the public rights -of -way for construction and operation of facilities. If the city allows the
company to use its non -right-of-way public ground, the terms of this article apply to the extent they are
consistent with the contract, statutory and common law rights the city owns in such property.
(Prior Code, § 270-090)
Sec. 74-28. - Application for permit.
Any person desiring to so use public property shall apply for a permit or renewal of a permit a
minimum of two working days before starting work and must submit detailed plans for street or sidewalk
use and pedestrian safety on major projects. This provision or portions thereof may be waived by the city
administrator in the event of an emergency.
(Prior Code, § 270-100)
Sec. 74-29. - Guarding of obstructions, fences.
Any permittee obstructing any street, alley, sidewalk or other public property shall keep such
obstructions properly guarded at all times. From sunset to sunrise, all obstructions must be guarded by a
sufficient number of warning lights placed in such manner that they will give proper warning of said
obstruction. The city administrator may require any permittee obstructing a sidewalk to build adjacent to
such obstruction a tight -board fence at least six feet high, except at street intersections where a six-foot
open -board fence shall be built and maintained, and adjacent to each such fence shall be built and
maintained a temporary walk at least four feet in width for the use of the public with a railing along the
outside edge of the walk at least 36 inches high. The city administrator may waive the requirement for a
temporary walk when it is determined that a temporary walk is not necessary and that pedestrians can
more properly be protected by rerouting them to a walk across the street.
(Prior Code, § 270-110)
Sec. 74-30. - Derricks and hoists prohibited.
No person shall place or use derricks or hoists of any kind or any portion thereof, including outriggers
and pads, upon any sidewalk unless the permit specifically permits such action.
(Prior Code, § 270-120)
Sec. 74-31. - Lifting equipment and material.
Whenever any person applies for a permit for the use of a street or sidewalk or portion thereof for the
purpose of hoisting or lifting equipment or material over, across and above said street or sidewalk, he
shall provide for closing off those portions of the street and/or sidewalk encompassed within the lifting
area with suitable barricades, signs, and warning lights and shall provide a four -foot pedestrian walkway
around said lifting area, said walkway to be suitably enclosed on the street side with barricades and
warning lights.
(Prior Code, § 270-130)
Sec. 74-32. - Flaggers.
The city administrator may direct that flaggers, as described in Section 6F of the Manual on Uniform
Traffic Control Devices for Streets and Highways, State of Minnesota, be used to control traffic.
(Prior Code, § 270-140)
Sec. 74-33. - Notice of traffic closure.
The permittee shall notify the city administrator when the permit area is closed to pedestrian and
vehicular traffic and again when it is open to such traffic.
(Prior Code, § 270-150)
Sec. 74-34. - Permit revocation.
Any permit issued under this chapter may be revoked at any time by the city administrator when he
finds it in the best interest of the city.
(Prior Code, § 270-160)
Sec. 74-35. - Insurance.
The permittee shall obtain liability insurance for both personal injury and property damage in an
amount not less than $1,000,000.00. The city shall be named as an additional insured under that
insurance for the services provided under the permit. The permittee's insurance will be the primary
insurance for the city. Permittee shall provide a certificate of insurance on the city's approved form which
verifies the existence of the required liability insurance coverage as well as worker's compensation
coverage.
(Prior Code, § 270-170)
Sec. 74-36. - Parking, loading and unloading prohibited.
The parking of private vehicles within or adjacent to the permit area is prohibited. The loading or
unloading of trucks adjacent to the permit area is prohibited unless specifically authorized by the permit.
(Prior Code, § 270-180)
Sec. 74-37. - Double fee.
Should any person begin work of any kind without having first secured the necessary permit therefor,
he shall be required to pay double the fee provided for such permit.
(Prior Code, § 270-190)
Sec. 74-38. - Permit to be displayed.
Permits issued under this chapter by the city administrator shall be conspicuously displayed at all
times for ease of inspection on the indicated work site.
(Prior Code, § 270-220)
Sec. 74-39. - Regulations; permit schedules.
The administrator is authorized and directed to prepare suitable regulations and schedules for the
administration of permits issued under this article.
(Prior Code, § 270-221)
Sec. 74-40. - Civil penalty.
The provisions of chapter 42, article II shall apply to any permit issued under this article.
(Prior Code, § 270-222)
ORDINANCE 2019-XXX
CITY OF HUGO
WASHINGTON COUNTY, MN
AN ORDINANCE OF THE CITY OF HUGO, MINNESOTA,
AMENDING CHAPTER 74 — TELECOMMUNICATIONS, ARTICLE II
TELECOMMUNICATIONS AND CHAPTER 82 — UTILITIES, ARTICLE IV RIGHT-OF-WAY
THE CITY OF HUGO ORDAINS:
Section 1. The City Council of the City of Hugo does hereby amend Chapter 74 Telecommunications,
Article II Telecommunications Installation Requirements and Chapter 82 Utilities, Article IV Right-of-
way, to read as follows:
TELECOMMUNICATION ORDINANCE:
Chapter 74, Article II, Sec. 74-19. — Definitions
Add the following:
Small Wireless Facility means a wireless facility that meets both of the following qualifications: (1) each
antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna
that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical
cable runs for the connection of power and other services, and any equipment concealed from public view
within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume.
Chapter 74, Article II, Sec. 74-20. — Permit Procedure
Add the following:
(g) Small Wireless Facility. For conditions on small wireless facility permits, refer to Chapter 82
Utilities, Article IV Right-of-way.
RIGHT-OF-WAY ORDINANCE:
Chapter 82, Article IV, Sec. 82-301. — Definitions
Add and amend the following:
Abandoned facility means a facility no longer in service or physically disconnected from a portion of the
operating facility, or from any other facility, that is in use or still carries service, for a continuous period
of six months.
Ordinance 2019-XXX
Right-of-way and Telecommunications Ordinance
Collocate or Collocation means to install, mount, modify, operate, or replace a small wireless facility on,
under, within, or adjacent to an existing wireless support structure that is owned privately or by the City.
Micro wireless facility means a small wireless facility that is no larger than 24 inches long, 15 inches wide,
and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches.
Small wireless facility means a wireless facility that meets both of the following qualifications: (1) each
antenna is located inside an enclosure of no more than six cubic feet in volume or, in the case of an antenna
that has exposed elements, the antenna and all its exposed elements could fit within an enclosure of no
more than six cubic feet; and (2) all other wireless equipment associated with the small wireless facility,
excluding electric meters, concealment elements, telecommunications demarcation boxes, battery backup
power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical
cable runs for the connection of power and other services, and any equipment concealed from public view
within or behind an existing structure or concealment, is in aggregate no more than 28 cubic feet in
volume.
Utility Pole means a pole that is used in whole or in part to facilitate telecommunications or electric
service.
Wireless facility means equipment at a fixed location that enables the provision of wireless services
between user equipment and a wireless service network, including: (1) equipment associated with wireless
service; (2) a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies,
and comparable equipment, regardless of technological configuration; and(3) a small wireless facility.
"Wireless facility" does not include: (1) wireless support structures; (2) wireline backhaul facilities; or (3)
coaxial or fiber-optic cables (i) between utility poles or wireless support structures, or (ii) that are not
otherwise immediately adjacent to or directly associated with a specific antenna.
Wireless service means any service using licensed or unlicensed wireless spectrum, including the use of
Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities.
Wireless support structure means a new or existing structure in a public right-of-way designed to support
or capable of supporting small wireless facilities, as reasonably determined by a local government unit.
Wireline backhaul facility means a facility used to transport communications data by wire from a wireless
facility to a communications network.
Chapter 82, Article IV, Sec. 82-305. — Right-of-way Permit Requirement
Add the following:
(3) Small Wireless Facility permit. A small wireless facility permit is required by a registrant to erect
or install a wireless support structure, to collocate a small wireless facility or to otherwise install a small
wireless facility in the specified portion or the right-of-way, to the extent specified therein, provided that
such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. No
small wireless facility permit is required to solely conduct: 1) routine maintenance of a small wireless
facility; 2) replacement of a small wireless facility with a new facility that is substantially similar or
smaller in size, weight, height, and wind or structural loading than the small wireless facility being
replaced; or 3) installation, placement, maintenance, operation, or replacement of micro wireless facilities
Ordinance 2019-XXX
Right-of-way and Telecommunications Ordinance
that are suspended on cables provider is required to make written notice of such activities to the City if
the micro wireless facility work will obstruct a public right-of-way. A small wireless facility permit is
required for the work specified in this paragraph regardless of whether the applicant also possesses an
excavation permit or an obstruction permit.
(4) Small Wireless Conditional Use permit. A conditional use permit is required to install anew wireless
support structure in a right-of-way where the underlying district or area is zoned for single-family
residential use or is in a historic district established by federal or state law or city ordinance. All proposed
small wireless facility and support structure shall be compatible with the character of the surrounding area,
and structure it is placed on, and use design, materials, colors, textures, screening, and landscaping to
blend in with the natural setting and built environment.
Chapter 82, Article IV, Sec. 82-307. — Issuance of Permit; Conditions
Add the following:
(c) Small Wireless Facility Conditions. In addition to part b, the erection or installation of a wireless
support structure, the collocation of a small wireless facility, or other installation of a small wireless
facility in the right-of-way, shall be subject to the following conditions.
(1) When feasible, a small wireless facility shall be collocated on an existing wireless support
structure in the right-of-way. In addition, each new wireless support structure shall be
designed to allow the collocation of wireless facilities. A small wireless facility shall only
be collocated on the particular wireless support structure, under those attachment
specifications, and at the height indicated in the applicable permit application;
(2) All small wireless facilities and support structures shall be compatible with the character
of the surrounding area, and structure it is placed on, and use design, materials, colors,
textures, screening, and landscaping to blend in with the natural setting and built
environment. Any deviations from this requirement must be requested by the applicant as
part of the small wireless facility permit application, and if granted by the City, will be
provided for in the Collocation Agreement;
(3) New wireless support structures installed within the right-of-way shall not exceed 50 feet
in height without the City's written authorization. The City may impose a lower height
limit in the applicable permit to protect the public health, safety and welfare or to protect
the right-of-way and its current use. Any lower height limit imposed by the City shall
comply with maximum heights allowed in the applicable zoning districts, this shall include
but is not limited to utility poles and street lights in the area, An applicant may replace an
existing wireless support structure exceeding 50 feet in height with a structure of the same
height subject to such conditions or requirements as may be imposed in the applicable
permit.
(4) No wireless facility may extend more than 10 feet above its wireless support structure;
(5) Where an applicant proposes to install a new wireless support structure in the right-of-way,
the City may impose reasonable separation requirements between such structure and any
existing wireless support structure or other facilities in and around the right-of-way;
Ordinance 2019-XXX
Right-of-way and Telecommunications Ordinance
(6) Where an applicant proposes collocation on a decorative wireless support structure, sign
or other structure not intended to support small wireless facilities, the applicant shall
design the wireless support structure to be compatible with the character of the surrounding
area, and structure it is placed on, and use design, materials, colors, textures, screening,
and landscaping to blend in with the natural setting and built environment.
(7) Where an applicant proposes to replace a wireless support structure, the City may impose
reasonable restocking, replacement, or relocation requirements on the replacement of such
structure.
(d) Small Wireless Facility Agreement. A small wireless facility shall only be collocated on a small
wireless support structure owned or controlled by the City, or any other City asset in the right-of-way,
after the applicant has executed a small wireless facility Collocation Agreement with the City. The
standard collocation agreement may require payment of the following.
(1) Up to $150 per year for rent to collocate on the city structure;
(2) $25 per year for maintenance associated with the collocation;
(3) A monthly fee for electricity used to operate a small wireless facility, if not purchased
directly from a utility, at a rate of-
(i) $73 per radio node less than or equal to 100 maximum watts;
(ii) $182 per radio node over 100 maximum watts; or
(iii) The actual costs of electricity, if the actual costs exceed the foregoing.
The Collocation Agreement shall be in addition to, and not in lieu of, the required small wireless facility
permit, provided, however, that the applicant shall not be additionally required to obtain a license or
franchise in order to collocate. Issuance of a small wireless facility permit does not supersede, alter or
affect any then -existing agreement between the City and applicant.
(e) Deadline for action on small wireless facilities. The City shall approve or deny a small wireless
facility permit application within 90 days after filing of such application.
(f) Consolidated applications for small wireless facilities. An applicant may file a consolidated small
wireless facility permit application addressing the proposed collocation of up to 15 small wireless
facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the
application.
(1) are located within a two-mile radius;
(2) consist of substantially similar equipment; and
(3) are to be placed on similar types of wireless support structures.
In rendering a decision on a consolidated permit application, the City may approve some small wireless
facilities and deny others, but may not use denial of one or more permits as a basis to deny all small
wireless facilities in the application.
Ordinance 2019-XXX
Right-of-way and Telecommunications Ordinance
(g) Deadline on small wireless facilities. The 90-day deadline for action on a small wireless facility
permit application may be extended or paused if:
(1) The City receives applications from one or more applicants seeking approval of permits for
more than 30 small wireless facilities within a seven-day period. In such case, the City may
extend the deadline for all such applications by 30 days by informing the affected applicants
in writing of such extension;
(2) The 90-day deadline may be paused it the applicant fails to submit all required documents or
information and the City provides written notice of incompleteness to the applicant within 30
days of receipt the application. Upon submission of additional documents or information, the
City shall have ten days to notify the applicant in writing of any still -missing information;
(3) The City and a small wireless facility applicant agree in writing to waive or extend the review
period.
Chapter 82, Article IV, Sec. 82-308. — Permit Fees
Add and amend the following:
(d) Small wireless facility permit fee. The small wireless permit fee shall be set forth in the annual fee
schedule for the City of Hugo, in an amount sufficient to recover:
(1) The City management costs;
(2) Site plan review costs, and;
(3) City engineering, make-ready, and construction costs associated with collocation of small
wireless facilities.
(f) Application to franchises. Unless otherwise agreed to in a franchise, management costs may be
charged separately from and in addition to the franchise fees imposed on a right-of-way user in the
franchise agreement.
Chapter 82, Article IV, Sec. 82-311. — Supplementary Applications
Amend the following:
(a) Limitation on area. A right-of-way permit is valid only for the area of the right-of-way specified in
the permit. No permittee may do any work outside the area specified in the permit. Any permittee which
determines that an area greater than that specified in the permit must be obstructed or excavated must
before working in that greater area (i) make application for a permit extension and pay any additional
fees required, and (ii) be granted in writing a new permit or permit extension.
Chapter 82, Article IV, Sec. 82-316. — Work Done Without a Permit
Amend the following:
(a) Emergency situations. Each registrant shall immediately notify the director of any event regarding
its facilities that it or the City considers to be an emergency. The registrant shall take actions as are
reasonably necessary to respond to the emergency and prevent damage or harm to life, safety, or
Ordinance 2019-XXX
Right-of-way and Telecommunications Ordinance
property. Excavator's notification to Gopher State One Call regarding an emergency situation does not
fulfill this requirement.
Chapter 82, Article IV, Sec. 82-320. — Location and Relocation of Facilities
Amend the following:
(a) Placement, location and relocation of facilities must comply with the ordinance, with other
applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules
to not limit authority otherwise available to cities.
Chapter 82, Article IV, Sec. 82-325. — Abandoned and Unusable Facilities
Amend the following:
(b) Removal of abandoned facilities. Any facility that remains nonfunctional or inoperative for a
continuous period of six months, the system shall be deemed abandoned and shall constitute a public
nuisance. Any person who has abandoned facilities in the right-of-way shall remove them from that right-
of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless the
director waives this requirement.
Section 2. 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 3. Effective Date. These amendments shall take effect upon its passage and publication.
Passed and adopted by the City Council of the City of Hugo this 18th day of March, 2019.
Tom Weidt, Mayor
Attest:
Michele Lindau, City Clerk
SUMMARY ORDINANCE 2019-XXX
NOTICE: THIS PUBLISHED MATERIAL IS ONLY A SUMMARY OF AN ORDINANCE
OF THE CODE OF ORDINANCES FOR THE CITY OF HUGO. THE FULL TEXT OF THE
ORDINANCE IS AVAILABLE FOR PUBLIC INSPECTION AT THE HUGO CITY HALL
DURING REGULAR BUSINESS HOURS.
TITLE:
An ordinance adding and amending Chapter 74 Telecommunications, Article II
Telecommunications Installation Requirements and Chapter 82 Utilities, Article IV Right-of-
way.
SUMMARY OF TELECOMMUNICATIONS ORDINANCE:
Chapter 74, Article II, to amend Section 74-19 DEFINITIONS: This section is revised to add
the definition of small wireless facility.
Chapter 74, Article II, to amend Section 74-20 PERMIT PROCEDURES: This section is
revised to add small wireless facility conditions as outlined in the right-of-way ordinance.
SUMMARY OF RIGHT-OF-WAY ORDINANCE:
Chapter 82, Article IV, to amend Section 82-301 DEFINITIONS: This section is revised to
add the definitions of abandoned facility, collocate/collocation, micro wireless facility, small
wireless facility, utility pole, wireless facility, wireless service, wireless support structure, and
wireline backhaul facility.
Chapter 82, Article IV, to amend Section 82-305 RIGHT-OF-WAY PERMIT
REQUIREMENT:
(3) A small wireless facility permit is required by a registrant to erect or install a wireless
support structure, to collocate a small wireless facility or to otherwise install a small wireless
facility in the specified portion of the right-of-way. No small wireless facility permit is
required to conduct routine maintenance of a small wireless facility or to replace a small
wireless facility of the same size and design.
(4) A small wireless conditional use permit is required to install a new wireless support in a
right-of-way where the underlying district or area is zoned for single-family residential use
or is in a historic district established by federal or state law or city ordinance.
Chapter 82, Article IV, to amend Section 82-307 ISSUANCE OF PERMIT;
CONDITIONS:
(c) A small wireless facility permit is subject to certain conditions.
Summary Ordinance 2019-XX Right-of-way and Telecommunications Summary Ordinance
Page 2 of 3
1. When feasible, a small wireless facility should be collocated on an existing wireless
support structure in the right-of-way.
2. All small wireless facilities and support structures shall be compatible with the
character of the surrounding area and use design, materials, colors, textures,
screening, and landscaping to blend in with the natural setting and built
environment.
3. New wireless support structures installed within the right-of-way shall not exceed
50 feet in height without the City's written authorization.
4. No wireless facility may extend more than 10 feet above its wireless support
structure.
5. A small wireless facility collocated on a decorative support structure shall be of a
design compatible with the character of the surrounding area.
6. Where an applicant proposes to replace a wireless support structure, the City may
impose reasonable restocking, replacement, or relocation requirements on the
replacement of such structure.
(d) A small wireless facility shall only be collocated on a small wireless support structure
owned or controlled by the City, or any other City asset in the right-of-way, after the
applicant has executed a small wireless facility Collocation Agreement with the City. The
collocation agreement will address payment.
(e) The City shall approve or deny a small wireless facility permit application within 90 days
after filing of such application.
(f) An applicant may file a consolidated application with up to 15 small wireless facilities
listed.
(g) The City may extend or pause the 90-day deadline for action given certain circumstances.
Chapter 82, Article IV, to amend Section 82-308 PERMIT FEES:
(d) The small wireless permit fee shall be set forth in the annual fee schedule.
Please note this title and summary of this Ordinance clearly informs the public of the intent and
affect of the Ordinance and conforms to Minn. Stat. § 412.191. This Ordinance shall be effective
the date that it is published.
The amended and added sections are available on the City website for further review.
Passed and adopted by the City Council of the City of Hugo this 18th day of March, 2019.
Tom Weidt, Mayor
Summary Ordinance 2019-XX Right-of-way and Telecommunications Summary Ordinance
Page 3 of 3
Attest:
Michele Lindau, City Clerk
/ CITY OF
14669 Fitzgerald Avenue North, Hugo, MN55038 • (651) 762-6300 • www.ci.hugo.mn.us
EST. 1906
TO: Honorable Mayor Tom Weidt and Members of the City Council
FROM: Ron Otkin, Finance Director
SUBJECT: Consent to Assign Agreement for Municipal Advisor Services
DATE: For the City Council Meeting of March 18, 2019
DESIRED COUNCIL ACTION
Motion to Approve Assignment of Agreement for Municipal Advisor Services to Baker Tilly, LLC.
HISTORY
In the fall of 2001 the City Council appointed Springsted Inc. as the City financial advisors. They have assisted City staff
with numerous bond issues and financial planning matters since then. On January 10, 2019, Springsted Inc. announced
its intention to combine with Baker Tilly Virchow Krause, LLP, a financial services and accounting firm. Following the
closing (scheduled to occur on or about April 1, 2019), the combined firm will operate its public sector advisory business
under the name Baker Tilly Municipal Advisors, LLC ("Baker Tilly"). All Springsted personnel have been invited to join
Baker Tilly.
To assist in the combination, Springsted Inc. has requested that the City of Hugo consent to the assignment of our
current Agreement for Municipal Advisor Services (dated 07/21/17) to Baker Tilly. This is purely a procedural matter
that will enable the seamless transition from Springsted Inc. to Baker Tilly.
RECOMMENDATION
City staff recommends Council approve the attached Consent to Assignment and authorize the City Administrator to
execute the document.
ATTACHMENTS
Consent to Assignment
Letter from Springsted Inc. (dated 03/08/19)
Springsted Springsted Incorporated
380 Jackson Street, Suite 300
St, Paul, MN 55101-3002
March 8, 2019
City of Hugo, MN
rotkin@ci.hugo.mn.us
Re: Consent to Assign the following for Springsted Incorporated:
Agreement for Municipal Advisor Services, dated 7/21/2017
Tel: 651.223.3000
Fax: 651.223, 3002
www.springsted.com
On January 10, 2019, Springsted Incorporated ("Springsted") announced its intention to combine with Baker
Tilly Virchow Krause, LLP (Chicago, Illinois), a financial services and accounting firm. Following the closing, the
combined firm will operate its public sector advisory business under the name Baker Tilly Municipal Advisors, LLC
("Baker Tilly"). This combination will allow us to broaden and enhance the services we provide you. All Springsted
personnel have been invited to join Baker Tilly and, after the closing, we look forward to continuing to serve you through
Baker Tilly.
To assist in the combination and enable continued service to you, we are requesting that you consent to the
assignment of your above -referenced contract with Springsted, including any addendums and post -issuance
authorizations, to Baker Tilly (the "Assignment'). By executing the Consent to Assignment enclosed with this letter,
you hereby consent to the Assignment effective as of the closing of our transaction with Baker Tilly, scheduled to occur
on or about April 1, 2019. Until the transaction is complete and the Assignment is effective, we will continue to advise
you as Springsted.
Please return a signed copy of the enclosed Consent to Assignment to me by email at
assignment@ pringsted.com no later than March 22, 2019.
Should you have any questions about the foregoing, please feel free to call me or your Springsted
representative. Our general number is (651) 223-3000. My personal contact information is: Bonnie Matson,
bmatson@springsted.com, (651) 223-3014. We appreciate the opportunity to continue to work with you in the future.
Sincerely,
SPRIIVGSTED INCORPORATED
. 1
Principal
onnie C. Matkn
Enclosure
ADDENDUM
Consent to Assignment
Agreement for Municipal Advisor Services, dated 7/21/2017
The undersigned consents to the assignment of the above -referenced contract by and between Springsted
Incorporated, or its wholly owned subsidiary doing business as Springsted Water or Springsted Human Capital
Advisors, and City of Hugo, MN, including any addendums and post -issuance authorizations, to Baker Tilly Municipal
Advisors, LLC upon the effective date of the combination of Springsted Incorporated and Baker Tilly Virchow Krause,
LLR
City of Hugo, MN
By:
Name: (print)
Title: (print)
Date: 2019
Optional Second Signature, if required
By:
Name:
Title:
Date: 2019
Springsted Public Sector Advisors
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Memorandum
To: Bryan Bear, City Administrator
City of Hugo, MN
From: Mark Erichson, PE
Hugo City Engineer
Date: March 14, 2019
Re: Joint Powers Agreement Between the City of Hugo and Lino Lakes for the 24th
Avenue/Elmcrest Avenue and East Cedar Street Roadway Improvement Project
WSB Project No. R-011669-000
City of Hugo and City of Lino Lakes staff have been meeting to discuss the potential of a joint
project to address concerns raised by residents over the years regarding the condition of the gravel
sections of 24th Avenue/Elmcrest Avenue and East Cedar Street. Hugo Public works applies
calcium chloride and grades the roadways; however, the higher traffic volumes on these roadways
result in deteriorated and dusty roadway conditions.
On February 5, 2019, Hugo staff and Mayor Weidt met with Lino Lakes staff (Mayor Reinert was
unable to attend due to weather conditions). Discussion regarding a joint project and how the
project could move forward took place. Staff from both Lino Lakes and Hugo felt it was important
that both projects move forward concurrently and that economies of scale would provide
efficiencies resulting in lower project costs.
The section of 24th Avenue/Elmcrest Avenue to be paved is approximately 2,300 feet in length with
approximately 900 feet of that being shared with Lino Lakes. The attached Joint Powers
Agreement outlines the City of Hugo and City of Lino Lakes responsibilities associated with this
project. In short, Hugo is responsible for the costs associated with Elmcrest Avenue and Lino
Lakes is responsible for East Cedar Street. Assessments are not proposed with the Elmcrest
Avenue Improvements at this time. Assessments would be considered at the time any
improvements were completed involving the extension of sanitary sewer and watermain.
The City of Lino Lakes approved the Joint powers agreement at its March 11, 2019, City Council
meeting.
If the Council is inclined to move forward with the project as outlined, a tentative schedule is
provided below:
Council Authorizes Plans and Specifications - Mar. 25, 2019 (Lino Lakes)
Council Authorizes Plans and Specifications - April 1, 2019 (Hugo)
Approve Plans and Specifications, Authorize Ad for Bids -May 13, 2019 (Lino Lakes)
Approve Plans and Specifications, Authorize Ad for Bids -May 20, 2019 (Hugo)
Open Bids - June 14, 2019
Council Awards Contract - June 24, 2019 (Lino Lakes)
Council Awards Contract - July 1, 2019 (Hugo)
Construction Begins - July 2019
Substantial Completion — September 2019
Final Completion - October 2019
KA011669-000\Admin\Meeting\CC Meeting 031819\011669-000 CC Memo 031819.docx
JOINT POWERS AGREEMENT
BETWEEN THE CITY OF HUGO AND THE CITY OF LINO LAKES
FOR THE 24th AVENUE/ELMCREST AVENUE AND EAST CEDAR STREET
ROADWAY IMPROVEMENT PROJECT
THIS AGREEMENT is made this day of , 2019, by and between the
City of Hugo (hereinafter described as "Hugo') and the City of Lino Lakes (hereinafter
described as "Lino Lakes"); both of which are political subdivisions of the State of
Minnesota.
RECITALS:
WHEREAS, the "Project" shall mean to state paving and repaving of 24"
Avenue/Elmcrest Avenue from Tart Lake Road to the south a distance of 2,300 feet, and
East Cedar Street from Otter Lake Road to the east a distance of 2,600 feet.(see Exhibit
A); and
WHEREAS, a portion of the Project is to be constructed within the corporate limits of
Hugo and a portion is to be constructed within the corporate limits of Lino Lakes; and
WHEREAS, Hugo and Lino Lakes have received property owner requests to pave the
gravel sections of 24'Avenue/Elmcrest Avenue and East Cedar Street; and
WHEREAS, Hugo and Lino Lakes recognize it is in the best interest of both Cities to
pave the gravel sections of these roadways. The existing traffic volumes exceed the
recommended MnDOT threshold for paving a gravel road. This leads to rough surfaces
and deterioration of the roadbed as well as poor driving conditions; and
WHEREAS, Hugo and Lino Lakes both agree to construct the proposed improvements
in 2019; and
WHEREAS, subject to the term and conditions hereof, Hugo and Lino Lakes are
assuming and apportioning responsibility for the design and construction of the Project
both within the corporate limits of Hugo and Lino Lakes; and
WHEREAS, WSB Engineers has prepared an estimate and proposed division of the cost
of the Project for both Lino Lakes and Hugo; and
WHEREAS, cities are authorized to enter into development contracts under Minnesota
Statutes § 462.358, Subd. 2(a); and
NOW, THEREFORE, in consideration of the mutual undertakings herein expressed and
for good and sufficient consideration, Hugo and Lino Lakes agree as follows:
SECTION 1. PURPOSE. The purpose of this Agreement is to set forth the terms of the
agreement Hugo and Lino Lakes have reached regarding the design, construction,
maintenance and financing of the Project both within the corporate limits of Hugo and
Lino Lakes, in accordance with Minnesota Statutes, Section 471.59.
SECTION 2. DESIGN AND CONSTRUCTION.
A. WSB shall design the Project on behalf of both Lino Lakes and Hugo. Lino
Lakes and Hugo City Staff shall have the right to review and approve the final
Project plans and specifications prior to advertisement for bids in writing. Lino
Lakes and Hugo City Staff shall both have the right to inspect, review and
comment upon construction of the Project.
B. Hugo and Lino Lakes will each acquire right-of-way as necessary within their
respective boundaries to permit the construction of the street improvements.
C. Hugo and Lino Lakes are responsible to fund their share of the engineering fees
for the design and for construction inspections. The fees will be prorated based
on the percentage of construction costs as estimated in the attached Exhibit B. The
City of Hugo may provide its own construction inspection at its sole cost, but in
the event it chooses to do so, it will still be proportionately responsible for its
share of engineering fees for the Project.
D. Hugo and Lino Lakes are responsible to fund their share of the Project
construction costs for work occurring within their respective boundaries. The
construction costs as estimated and apportioned are set forth in the attached
Exhibit B.
E. Each City has the right to terminate this Agreement prior to award by the other
City of a construction contract by giving the other party written notice of
termination. The terminating party is responsible for its share of all costs incurred
up to and including the date of termination.
F. Lino Lakes will hold and be the named party to the contract with the contractor.
Lino Lakes shall receive from Hugo ninety percent (901/6) of Hugo's estimated
share of the Project cost within 60 days of award of a construction contract. Prior
to billing this estimate will be updated by Lino Lakes to reflect actual bid prices
as awarded. An updated cost estimate shall be provided to Hugo at the time of
billing.
Upon final completion of the Project, Hugo's share of the cost will be based upon
actual costs incurred for work within its boundaries. If necessary, adjustments to
the initial ninety (90%) charged will be made in the form of credit or additional
charges to Hugo's remaining ten percent (101/6) share of the project costs. Final
payment shall be due within 30 days of billing by Lino Lakes.
is
G. Before this Agreement shall become binding and effective it shall be approved by
appropriate resolutions of the City Councils of Hugo and Lino Lakes, which
resolutions shall be attached hereto as Exhibits C and D, respectively.
SECTION 3. STREET MAINTENANCE
A. Lino Lakes will continue to perform snow removal, street sweeping and
maintenance of Cedar Street East. Hugo will continue to perform snow removal,
street sweeping and maintenance of 241h Avenue/Elmcrest Avenue North. 24a'
Avenue/Elmcrest Avenue North is a shared roadway for a portion of the Project
future roadway repair such as crack filling, seal coat and overlays will be
determined as a separate maintenance agreement between Lino Lakes and Hugo.
SECTION 4. LIABILITIES
A. Each party retains the financial responsibility for damage to or loss of its own
equipment that may occur in performing its duties under this Agreement.
B. Each party retains the financial responsibility for workers' compensation benefits
for its own employees and for any injuries that occur to its employees in
performing its duties under this Agreement.
C. Each party shall be liable for its own acts and omissions, including the acts and
omissions of its officers, employees or agents and the results thereof to the extent
authorized by law and shall not be responsible for the acts and omissions of the
other party, its officers, employees or agents. Each party agrees to indemnify,
defend, and hold harmless the other party, its officers and employees against any
and all liability, loss, costs, damages, expenses, claims or actions, including
attorneys' fees that the other party may hereafter sustain, incur or be required to
pay, arising out of any act or omission of the party, its officers, agents or
employees, in the execution, performance, or failure to perform its obligations of
this Agreement. Nothing herein, however, shall be deemed a waiver of the
limitations on liability set forth in Minnesota statutes, Chapter 466.
SECTION 5. MISCELLANEOUS PROVISIONS
A. This Agreement may be amended or any of its terms modified only by a written
document duly authorized, executed and delivered by the parties.
B. This Agreement may be executed in counterparts, each of which shall constitute
one and the same instrument.
C. Severability. The invalidity or unenforceability of any provision of this
Agreement, in no way, affect the validity or enforceability of any other provisions
of this Agreement, all of which shall remain in full force and effect.
3
IN WITNESS WHEREOF the patties have caused this Agreement to be executed by their
authorized representatives on the date set forth below officers.
CITY OF HUGO CIT )F LINO L S
Mayor Mayor
Attest:
Attest:
City Clerk 1--c-16 G. lerk
Date Date
4
EXHIBIT A
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EXHIBIT B
Total Cost
City of Lino Lakes City of Hugo Eimcrest
Cost Item
East Cedar Street Avenue North
Construction Cost
$ 656,000.00
$ 129,000.00
$ 410,000.00 $ 246,000.00
$ 80,000.00 $ 4900000
Estimated Engineering
Total Cost
$ 785,000.00
I $ 490,000.00
$ 295,000.00
City of Lino Lakes Percentage of the Project 63%
City of Hugo's Percentage of the Project 37%
EXHIBIT C
CITY OF LINO LAI£ES
RESOLUTION NO.19-30
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH THE CITY Or' HUGO
24Tn AVE' NUE/ELMCREST AVENUE AND EAST CEDAR STREET
WHEREAS, Hugo and Lino Lakes have received property owner requests from both
communities to pave the gravel sections of 24th Avenue/Elmcrest Avenue and East Cedar Street;
and
WHEREAS, the City of Lino Lakes and the City of Hugo mutually agree that it is in the best
interest of both Cities to pave these gravel sections of roadway; and
WHEREAS, subject to the terms of the Joint Powers Agreement, Hugo and Lino Lakes are
assuming and apportioning responsibility for the design and construction of the Project both within
the corporate limits of Hugo and Lino Lakes; and
NOW, THE, BE IT RESOLVED by The City Council of The City of Lino Lakes
approve this Joint Powers Agreement with the City of Hugo for improvements to 24th
Avenue%Elmcrest Avenue and East Cedar Street.
Adopted by the Council of the City of Lino Lakes this I Vh day of March, 2019.
The motion for the adoption of the foregoing resolution was introduced by Council Member
Stoes z _and was duly seconded by Council Member __MbLher and upon
vote being taken thereon, the following voted in favor thereof
Stoesz, Maher, Rafferty, Reinert
The following voted against same:
none (absent-OManthey )
t
Jeff Reined, Major
ATTEST:
Juli nne Bartell, City Cleric �
EXHIBIT D
CITY OF HUGO
RESOLUTION NO.2019-
RESOLUTION APPROVING JOINT POWERS AGREEMENT
WITH THE CITY OF LINO LAKES
24TH AVENUE/ELMCREST AVENUE AND EAST CEDAR STREET
WHEREAS, Hugo and Lino Lakes have received property owner requests from both
communities to pave the gravel sections of 24th Avenue/Ehncrest Avenue and East Cedar Street;
and
WHEREAS, the City of Lino Lakes and the City of Hugo mutually agree that it is in the best
interest of both Cities to pave these gravel sections of roadway; and
WHEREAS, subject to the terms of the Joint Powers Agreement, Hugo and Lino Lakes are
assuming and apportioning responsibility for the design and construction of the Project both within
the corporate limits of Hugo and Lino Lakes; and
NOW, THEREFORE BE IT RESOLVED by The City Council of The City of Hugo approve
this Joint Powers Agreement with the City of Lino Lakes for improvements to 24th
Avenue/Elmcrest Avenue and East Cedar Street.
Adopted by the Council of the City of Hugo this 18t' day of March, 2019.
The motion for the adoption of the foregoing resolution was introduced by Council Member
and was duly seconded by Council Member and upon
vote being taken thereon, the following voted in favor thereof.
The following voted against same:
Tom Weidt, Mayor
ATTEST:
Michele Lindau, City Clerk
Hugo Good Neighbors Food Shelf
PO Box 373
Hugo, MN 55038
www.hugofoodshelf.org
FOOD SHELF 651-528-6224
January 10, 2019
Dear Business Owner or Manager,
The Hugo Good Neighbors Food Shelf (HGNFS) is currently planning our 8th Annual Pasta Dinner to raise
funds to feed over 175 families per month in the Hugo, Centerville, Lino Lakes and White Bear Lake area.
HGNFS continues to see growth in the number of clients and demand for fresher, healthier foods. We do
not foresee the need for our services declining.
This year our "Pasta Dinner Food Shelf Fundraiser" will be held Friday, March 22, 2019 from 6PM to 9PM.
The Hugo American Legion has again kindly donated their space to us to hold our festivities. We hope that
you will join us for an evening of dinner, games, and live & silent auctions. The dinner will include a pasta
entr6e, salad, bread, beverage and dessert. In addition we will have music provided by a DJ and a cash bar
Tickets
• Adults: $15
• Children 10 and under: $8.00 (these tickets will be available for purchase at the door)
• Children 3 and under: Free
• Purchase advance tickets at the Hugo Feed Mill. Doors open for dinner ticket holders at 6:OOpm.
• Limited tickets will be available for purchase at the door.
Sponsorships and Donations
We are seeking sponsorships and donations for our silent auction. Any sellable items, gift certificates and
monetary donations are welcomed and greatly appreciated! As a contributor, your business name and/or
your name will be highlighted on our event signage. Any event sponsorship of $200 or more will be
recognized with an acknowledgement in The Citizen.
If you would like to contribute, please complete the enclosed form and send it by March 7, 2019, to:
Hugo Good Neighbors Food Shelf
Attn: Cindy Petty
PO Box 373
Hugo, MN 55038
Thank you for your consideration and we greatly appreciate any support you are able to offer.
Sincerely,
Cindy Petty, Fundraising Coordinator
Hugo Good Neighbors Food Shelf
The Hugo Good Neighbors Food She f is a 501c3 non-profit organization.
Contributions to which are tax deductible to the extent permitted by law.
Chris DuFresne
President
Karen Francois
Vice President
Floyd Petty
Vice President
Josiah Lamb
Treasurer
Jennifer MacNeil
Secretary
Kris Emerson
Board Member
Neil Fagerhaugh
Board Member
George Lavallee
Board Member
Mandy ostendorf
Board Member
Cindy Petty
Board Member
Kevin Thieifoldt
Board Member
HUGO
Good Neighbors
FOOD SHELF
PO Box 373 * HUGO, MN 55038 • 651-528-6224
WWW.HUGOFO0DSHELF.0RG
Contributor Name/Company:
Mailing Address:
City: State: Zip:._
Phone Number: Email Address:
Silent Auction Donation(s) valued at $
Item Description(s)
Dinner Tickets: $15.00 ea. x _ _ $
Tickets will be held at door with payment for them. Thank you
Monetary Donation $
Total Amount Enclosed $
Hugo Good Neighbors Food Shelf 501(c)3 Fed Tax ID# 24-4627293
Authorized by (print (Sign}
Date
*PLEASE COMPLETE THIS FORM AND SEND FLAT ITEMS TO:
HUGO GOOD NEIGHBORS FOOD SHELF, PO BOX 373, HUGO, MN 55038;
OR DELIVER ITEMS TO 15106 Francesca Ave N, Hugo, MN 55038 BY MARCH 7, 2019.
*IF A PICK UP FOR AN ITEM IS NEEDED, PLEASE CONTACT Cindy Petty 651-653-5202
*EVENT DATE IS MARCH 22, 2019 (SILENT AUCTION 7:00-8:0013M).
THANK YOU FOR YOUR SUPPORT!
*PLEASE KEEP A COPY OF THIS RECEIPT FOR YOUR RECORDS*
HGNFS use only Date: Received by:
y
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March 29
6pm- 10:30pm
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American Legion
Hugo Rental Hall
BLACKJACK * TEXAS HOLD'EM * FOODIDRINKS
SILENT AUCTION * RAFFLE PRIZES
The Hugo & Oneka PTA is excited to host this new adult (21+) only fundraiser.
Please visit the link or scan the QR Code
0 for all the fun and exciting details.
Tickets go on sale
} February 1, 2019 at
https:i/bit.ly/2EdiOKh
If you are interested in sponsoring a table or donating prizes please contact
Angela Thompson at 651-207-7392 or angela02l774@gmaii.com
L �
Michele Lindau
From: Bryan Bear
Sent: Monday, March 11, 201910:15 AM
To: Michele Lindau
Subject: Fwd: HUGO RAIL SUCCESS OPEN HOUSE
Sent from my T-Mobile 4G LTE Device
-------- Original message --------
From: Bryan Bear<BBear@ci.hugo.mn.us>
Date: 3/11/19 8:34 AM (GMT-06:00)
To: "Tom Weidt (mayortom@ci.hugo.mn.us)" <mayortom@ci.hugo.mn.us>
Subject: FW: HUGO RAIL SUCCESS OPEN HOUSE
From: busch+partners [mailto:buschptnr@aol.com]
Sent: Saturday, March 9, 2019 5:17 PM
To: rep.linda.runbeck@house.mn; sen.roger.chamberlain@senate.mn; sen.chuck.wiger@senate.mn;
rep. peter.fischer@ house. mn; blake.huffman@co.ramsey.mn.us; gohmann@msn.com; mwegner@tcwr.net;
jculotta@progressiverail.com; japitz@messerlikramer.com; whall@mnnr.net; mlooyen@mnnr.net;
rep.leon.lillie@house.mn; sen.bruce.anderson@senate.mn; aplatt@tcbmag.com; john.shoffner@state.mn.us;
kevin.mckinnon @state.mn.us; johngohmann@msn.com; mwegner@tcwr.net; jculotta@progressiverail.com; Bryan Bear
<BBear@ci.hugo.mn.us>; ceng@wchra.com; tom@whitebearchamber.com; fran.miron@co.washington.mn.us;
bkunkel@jlschwieters.com; jbarritt@loadmastergrease.com; rstewartsls@stewartlubricants.com
Subject: HUGO RAIL SUCCESS OPEN HOUSE
All...
We've been working with the White Bear Area Chamber in organizing a joint open house and tour of Hugo businesses-
Schwieters and Loadmaster Lubricants --for key legislators to showcase how a very small amount of state help committed
to save a critical piece of the metro area's freight rail network can have a wide reaching impact economically --saving
existing jobs, enabling business expansions, and creating new employment.
As a result of the $1.5 million appropriation to save and rehabilitate the Hugo short line, these two businesses --rather
than being forced to relocate out of the Bald Eagle Industrial Park, one of them perhaps even out of state --have now
expanded and added jobs. Schwieters has completed a $20 million expansion and is adding 100 workers; Loadmaster,
which sells lubricants to mining companies all over the world, has doubled employment (rather than moving to Kansas,
which they threatened if rail service went away).
Both facilities will be open for tours, let by their respective owners.
As now planned, the event will be hosted jointly by the City of Hugo, Washington County and the White Bear
Area Chamber. Tentative date is
Friday, April 12, 10:00 a.m. Please mark your calendars and reserve the date.
We will be inviting and recognizing all of the legislators who played a leadership role and worked so hard to get the
appropriation for Hugo, as well as members of key legislative committees, local officials, representatives of DEED and
MnDOT, as well as the governor.
This is will be a unique one of a kind event that should really drive home the critical importance of preserving and
improving Minnesota's
freight rail system --the continually overlooked and ignored "network" in our increasingly connected economy
Merrill Busch
Busch+Partners I Public Relations / Government Affairs / Business Development & Marketing Advisors
612.716.5664 mobile
L . L-
Michele Lindau
From: Bryan Bear
Sent: Friday, March 08, 2019 2:59 PM
To: Michele Lindau
Subject: Metro Cities meeting
Save the Date for the Metro Cities Annual Meeting!
Mark your calendars and save the date for the Metro Cities Annual Meeting! This year's event will be held on
Wednesday, April 24th at the Como Park Zoo and Conservatory in the Bullard Rainforest Auditorium. We're pleased
to announce that this year's speakers are Briana Bierschbach of MPR News and Peter Callaghan of MinnPost. The
evening will start with a social hour, followed by our guest speakers, and will wrap up with a brief business meeting
to elect members and officers to the Board of Directors.
All member city staff and elected officials are welcome and encouraged to attend. There is no cost, but we do ask
that you RSVP by April 8th if you plan to attend.
For questions or to RSVP, contact Kimberly at 651-215-4000 or kimberl metrocitiesmn.or, .
1
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'may Wet1wds Plan" for <�
T:�Clew
■♦ � J■ ` East�Metro
Wate ■ I Wad° Resosme Educadmi Program
PLANTING FOR CLEAN WATER'
Register today for one of our FREE upcoming workshops!
Learn how to add beauty to your yard with native plants, raingardens, and other landscaping features
that protect water and provide habitat for birds and pollinators. Connect with resources including:
Incentive grants • Free site visits • Garden designs • Plant lists • Conservation plans for larger properties
• Thursday, April 4, 6-7:30pm: Wyoming Area Library
Register: tinVLjrl.coml vvgarden2019
• Thursday, April 11, 6-7:30pm: Cottage Grove City Hall
Register: tinyurl.coml arden2019
During our "Wonderful Wetlands" workshops, we will talk about "Planting for Clean Water" as well as
what makes wetlands special. Learn about unique plants and animals that are found in wetlands, invasive
species, and rules that affect what landowners can and cant do with wetlands on their properties.
Register: tin\,Lirl.comlwet�arden2019
• Thursday, April 25, 6-7:30pm: Hugo City Hall
•'Thursday, May 23, 6-7:30pm: Oakdale Discovery Center*
• Thursday, June 6, 6-7:30pm: Sally Manzara Nature Center, Lake Elmo*
*Workshops in Oakdale and Lake Elmo will include a short walk outdoors to nearby wetlands.
For more info on any of our workshops, contact:
Angie Hong, 651-330-8220 x. 35 1 angie.hong@mnwcd.org
Loca" in 2019
Thu, May 16, 6-7:30pm: Family Hike at Schuneman Marsh Wildlife Preserve (6307 117th St N, Grant)
• Explore this lesser -known destination with WCD staff and volunteers from the Izaak Walton League.
We'll search for birds and wildlife and identify plants you might find in your neighborhood wetlands.
Thu., May 30th, 6 - 7:30pm: Family Hike at Tamarack Nature Preserve (1825 Tower Dr, Woodbury)
• Join us in exploring the southern -most tamarack swamp in Minnesota along a floating boardwalk
loop. We'll look for flowers in bloom and talk about what makes this wetland unique. Park along the
road and meet near the blue pop-up tent.
Sat., June 1, 11am-4pm: aterfest (Lake Phalen Park - St. Paul)
• Come to this free family festival to enjoy fishing, paddling, games, boating, arts and crafts, live
animals, exhibits, a native plant giveaway, climbing on a street sweeper, music and dance, and delicious
food trucks. More info at www rwmwd.org/waterfest
Wed., July 31- Sun, Aug. 4: Washington County Fair (12300 40th St N, Stillwater)
* Stop by to visit us in Building A, across from the milk shakes!
Multiple dates: Water Critters
Wed., June 26, 6:30-7:30pm: Edgewater Park - Colby Lake (3100 Edgewater Dr, Woodbury)
Wed., July 10, 6-7pm: The Lakes in Stillwater - Long Lake (107 Bridgewater Way, Stillwater)
Wed., July 17, 6:30-7:30pm: Highlands Park (6975 Idsen Ave S, Cottage Grove)
o Get your hands wet as we look for frogs, bugs, and other critters that live in Colby Lake, Long Lake,
and the ponds of Highlands Park. Learn what these animals teach us about water quality & what you
can do to protect your neighborhood lakes and wetlands.
Sun., May 19,1lam-3pm: Master Gardeners Plant Sale (Fairgrounds: 12300 40th St N, Stillwater)
• Shop from a variety of plants including native plants, pollinator plants, plants for shade and sun, and
vegetables. There will also be a Diagnostic Clinic from loam-lpm where you can get expert advice on
plant and gardening problems.
Sat., June 8, 9am-lpm: Landscape Revival Native Plant Expo & Market (Oakdale CityHall:1584IMeyAveN)
o Shop for native plants from six local growers. All plants are pollinator -safe and grown without
systemic pesticides. Connect with local conservation groups including: Humming for Bees, Master
Gardeners - Monarchs & Milkweed, Neighborhood Greening, Pollinator Friendly Alliance, St. Paul
Audubon Society, Washington Conservation District, and Wild Ones - Oak Savanna Chapter.
Sat., July 20, 9am-4pm: Learn and Grow with Us Garden Tour (Lake Elmo area)
• Join Master Gardeners of Washington County for a tour of seven exquisite gardens in the Lake Elmo
area! Learn about: Growing Vegetables, Composting, Lawn Care, Tree Pruning, Prairie Restoration,
Planting for Pollinators, Container Gardening, and more! $15 pre -tour, $20 day -of. Purchase tickets
beginning March 15. Details at www.mastergardenersinwashingtonco.org.
Have a raingarden or native garden?
Download our new maintenance calendar to your phone!
Visit www.mnwcd.org/maintenance-guide
March 2019 March T April 2019
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Feb 24
25
26
27
28
Mar 1
2
3
4
5
6
7
8
9
7:00pm Movie Night
7:00pm City Council
Meeting
(Oneka El)
10
11
12
13
14
15
16
5:30pm Historical
Commission Event
6:30pm BOZA
7:00pm Planning
17
18
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21
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5:00pm EDA Meets
7:00pm Parks
7:00pm City Council
6:00pm HGNFS Pasta
Meeting
Dinner (Hugo
American Legion)
24
25
26
27
28
29
30
S:00pm Burger Night
6:30pm BOZA
6:00pm Game Night
(Hugo Legion)
(American Legion)
7:00pm Planning
Commisison
31
Apr 1
2
3
4
5
6
Meetings in Green are scheduled/posted meetings. 1 3/14/2019 11:46 AM
April 2019 April 2019 May 2019
Su Mo Tu We Th Fr Sa Su Mo Tu We Th Fr Sa
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SUNDAY MONDAY TUESDAY WEDNESDAY THURSDAY FRIDAY SATURDAY
Mar 31
Apr 1
2
3
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7:00pm City Council
11:00am Kidz 'n Biz
Meeting
(Oneka El)
7
8
9
10
11
12
13
10:00am Railroad Open
Oam Spring Cleanup
5:30pm LBAE (Hugo
Oneka Room)
House (Schwieters
and Loadmasters
6:30pm BOZA
_
7:00pm Planning
Commission
14
15
16
17
18
19
20
5:00pm EDA Meets
7:00pm Parks
7:00pm City Council
Meeting
21
22
23
24
25
26
27
pm Burger Night
6:OOpm East Metro
Hugo Legion)
Water Worksho Cit6:30pm
BOZA
pm Metro Citiesnnual
F
7:OOpm Planning
Meeting
omo Park Zoo and
Commisison
28
29
30
May 1
2
3
4
Meetings in Green are scheduled/posted meetings. 2 3/14/2019 11:46 AM
The following items were distributed at the meeting.
celebrate
with Twin Cities Habitat for Humanity
Join us for a home dedication ceremony celebrating
our newest Habitat for Humanity homeowners:
weyrnu Bayru & Biniarn Eyassu
Eden Kebede
Asma Moba�moud
Siraj Said
Saturday, April 13, 2019
10:00 AM
14954 Generation Ave N, Hugo, MN, 55038
Twin Cities
Habitat
for Humanity®
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PRO R`/V MA IF+
RECOGNIZING THE 10& BIRTHDAY OF JOE (`I .J.) %iARIER
WHEREAS, Joe was born on March 25th, 1919; in the hospital in Minneapolis and has been a
lifelong Hugo resident; and,
WHEREAS, Joe was married to Emma for 36 years and had eight children including seven
boys and one girl, and had countless grandchildren and great grandchildren. Joe Marier has
currently been married to Connie for 39 years; and,
WHEREAS, Joe grew up in a hardworking farm family and has worked at the Hugo Feed
Mill since his early teens. The Feed Mill has been in the Marier family since 1925 and as present
owner, Joe is still involved with the business today; and,
WHEREAS, Joe proudly served in the US Army during WWII and was stationed in Burma,
India; and,
WHEREAS, Joe was the "Ice Man" from 1937-1938, delivering ice to the area residents,
businesses, and bars; and,
WHEREAS, Joe, at the age of 18, joined the Hugo Fire Department and served from 1936-
1978 (42 years). He was elected as Fire Chief from 1948 - 1964; and
WHEREAS, Joe was elected Mayor in 1964 and served a two year term: and,
WHEREAS, Joe has been a lifelong Hugo Legion member and helped with the purchasing of
the lot where the first Legion building was located on 1471h Street; and,
WHEREAS, Joe sold land to the City to allow City Hall to be built where it is today; and,
WHEREAS, Joe volunteered on many City Committees and was instrumental in many
Comprehensive Plan updates, dedicating countless hours to help shape Hugo to be what it is
today; and,
WHEREAS, Joe Marier will be honored by friends and relatives on Sunday, March 24, 2019,
at the Hugo American Legion, in celebration of his 1001h birthday.
NOW, THEREFORE, I, Tom Weidt, Mayor of the City of Hugo, and on behalf of the City
Council and the Citizens of Hugo, honor Joe Marier for his long life and generous contributions to the
community, and wish him many more happy days in the future to share with family and friends. A
On this 181h Day of March, 2019.
A "IPEST
Tom Weidt, Mayor
Michele Lindau, City Clerk