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cp01-28-20HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JANUARY 28, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Hunter's Ridge Community Church (The invocation is a voluntary expression of the private citizen, to and for the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15141 — Resolution Accepting $1000 Donation from Beverly Bonte (in honor of Dr. Brian Bonte to be dedicated to a paved trail from the Luce Line to the Law Enforcement Memorial Park) (b) Resolution No. 15142 — Resolution Accepting $2000 Donation from Village Ranch to Hutchinson Police Department (donation dedicated to tint meters and traffic safety vests) PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of January 14, 2020 (b) Summary of Closed Meeting Proceedings — City Administrator Annual Performance Review Session of January 14, 2020 CONSENT AGENDA (The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Food Vendor License Renewal for Taqueria Del Buen Pastor (b) Consideration for Approval of Minnesota DNR Tree Species Diversification Grant Agreement (c) Consideration for Approval of Resolution No. 15147 - Resolution Appointing Election Judges for CITY COUNCIL AGENDA January 28, 2020 Presidential Nomination Primary Election (d) Consideration for Approval of Authorizing American Legion Post 96 to Conduct Off -Site Gambling at Peace Lutheran Church from February 10 — February 16, 2020 (e) Consideration for Approval of Resolution No. 15143 — Resolution Adopting Findings of Fact and Reasons for Approval of a Conditional Use Permit for an Outpatient Clinic for Mental Health Services at 225 and 227 3rd Avenue NW with Favorable Planning Commission Recommendation (f) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE 9. MAIN STREET RECONSTRUCTION (LETTING NO. 1, PROJECT NO. 20-01) (a) Resolution No. 15144 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 15145 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 10. CREEKSIDE ANNUAL REPORT UNFINISHED BUSINESS 11. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 20-810 — AN ORDINANCE REPEALING CHAPTER I I I AND CHAPTER 123 OF THE HUTCHINSON CITY CODE NEW BUSINESS 12. APPROVE/DENY AWARDING BID FOR THE REC CENTER REROOF AND FACADE PROJECT 13. APPROVE/DENY AUTHORIZING ADVERTISEMENT FOR BIDS FOR REPLACEMENT OF COMPOST SCREENER AT CREEKSIDE 14. APPROVE/DENY RESOLUTION NO. 15146 — RESOLUTION APPROVING THI5/MAIN STREET PROJECT COOPERATIVE CONSTRUCTION AGREEMENT AND PRELIMINARY SCHEDULE "I" 2 CITY COUNCIL AGENDA January 28, 2020 15. APPROVE/DENY CITY CONTRIBUTION TO MCLEOD COUNTY' S NORTHEAST RING ROAD ALTERNATIVES STUDY PHASE 2 GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 16. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Hutchinson Housing & Redevelopment Authority Board Minutes from December 17, 2019 b) Public Arts Commission Minutes from December 11, 2019 �c) City of Hutchinson Financial Report and Investment Report for December 2019 d) Economic Development Authority Board Minutes from December 19, 2019 (e) Planning Commission Minutes from August 20, 2019 MISCELLANEOUS 17. STAFF UPDATES 18. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 15141 RESOLUTION ACCEPTING DONATIONS WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17-1 and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Beverly Bonte $1,000.00 1/17/2020 WHEREAS, such donation has been contributed to the City of Hutchinson as a donation in honor of Dr. Brian Bonte to be dedicated to a paved trail from the Luce Line to the Law Enforcement Memorial Park WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 28th day of January 2020. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor CITY OF HUTCHINSON RESOLUTION NO. 15142 RESOLUTION ACCEPTING DONATIONS WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following persons or entities have offered to contribute the cash amounts set forth below to the city: Name of Donor Amount Donation Date Village Ranch $2,000.00 1/17/2020 WHEREAS, such donation has been contributed to the City of Hutchinson Police Department as a donation dedicated to tint meters and traffic safety vests. WHEREAS, the City Council finds that it is appropriate to accept the donations offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donations described above are hereby accepted by the City of Hutchinson. Adopted by the City Council this 28th day of January 2020. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JANUARY 14, 2020 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, Mary Christensen and Dave Sebesta. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Christensen, second by Czmowski, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — CrossPoint Church (The invocation is a voluntary expression oftheprivate citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15136 — Resolution Accepting $100 Donation from Modern Woodmen of America to Hutchinson Fire Department Motion by Czmowski, second by Cook, to approve Resolution No. 15136. Motion carried unanimously. Mayor Forcier announced that the City has been recognized as a WelcomeHome.Vet, Veteran Qualified Community. This is the first designation in the state of Minnesota. This designation signifies that the city is the first to meet the standard of excellence set forth in its willingness to faithfully recognize the value and service of the American veterans in Hutchinson and for assisting veterans in their transition back to a loving and dedicated community, striving to create a community to serve those who have served our country. (b) Proclamation — One Book, One Community Mayor Forcier read a proclamation regardinu "One Book, One Community" and noted that the book selected for the community book read is Winterdance by Gary Paulsen. Mary Henke, Connect committee, presented before the Council. Ms. Henke presented the community book read to the City Council. Ms. Henke noted that this is the seventh year of this program. Ms. Henke reviewed the associated events being held with the community book read. PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor— state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL CITY COUNCIL MINUTES January 14, 2020 John Lofdahl, 542 Jefferson Street, presented before the Council. Mr. Lofdahl spoke about the new federal Tobacco 21 law that went into effect in December 2019 in that no sales of tobacco products may be sold to those under the age of 21. Mr. Lofdahl asked how the City will be addressing this federal law. Marc Sebora, City Attorney, noted that the new federal law is in conflict with current city code as city code relates to age 18. Mr. Sebora noted that the city's ordinance will be updated soon increasing the age requirement and in addition the City may consider that possession of tobacco products by those under 21 will be unlawful as well. It was noted that all merchants that sell tobacco products need to be complying with the new federal law. 6. APPROVAL OF MINUTES (a) Regular Meeting of December 19, 2019 Motion by Cook, second by Sebesta, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items listedor consi eration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 15139 - Appointing Matthew Jaunich as City Administrator for 2020 (b) Resolution No. 15140 - Designating Official Newspaper as Hutchinson Leader (c) Resolution No. 15137 - Designating Depositories of City Funds in Commercial Banks and Institutions (d) Resolution No. 15138 — Accepting Grant Disbursement of Funds (e) Selection of Council's Vice President — Chad Czmowski (f) Designation of Council Representatives to Boards & Commissions: I. AIRPORT COMMISSION — Gary Forcier 2. HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY (EDA) — Chad Czmowski and Mary Christensen 3. HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY (HRA) — Gary Forcier 4. LIBRARY BOARD — Mary Christensen 5. PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD — Chad Czmowski 6. PLANNING COMMISSION — Dave Sebesta 7. PUBLIC ARTS COMMISSION — Steve Cook 8. BICYCLE -PEDESTRIAN ADVISORY COMMITTEE — Steve Cook 9. SUSTAINABILITY BOARD — Steve Cook 2 CITY COUNCIL MINUTES January 14, 2020 (g) Designation of Council Representatives to Other Standing Boards/Committees: 1. MID-MINNESOTA COMMISSION — Dave Sebesta 2. JOINT PLANNING BOARD — Dave Sebesta 3. HUTCHINSON DOWNTOWN ASSOCIATION — Gary Forcier 4. FIRE RELIEF ASSOCIATION — Fire Chief Mike Schumann, City Administrator Matthew Jaunich, Mayor Gary Forcier 5. RESOURCE ALLOCATION COMMITTEE — Gary Forcier and Chad Czmowski 6. WAGE COMMITTEE — Steve Cook and Dave Sebesta 7. REGIONAL RADIO BOARD — Dave Sebesta 8. LABOR UNION NEGOTIATION COMMITTEE — Gary Forcier and Mary Christensen (h) Designation of Council Representatives to Other Temporary Committees: 1. NEW POLICE/PUBLIC SAFETY FACILITY CORE PLANNING GROUPS — Steve Cook and Mary Christensen 2. LAKES/RIVER BASIN STUDY TECHNICAL ADVISORY PANEL (TAP) — Gary Forcier and Steve Cook 3. HIGHWAY 15 PROJECT CITIZEN ADVISORY GROUP — Chad Czmowski and Steve Cook (i) Consideration for Approval of 2020 City Calendar (j) Board Appointments/Reappointments 1. Senior Advisory Board: Reappointment of Jeannette Meyer to January 2023; Appointment of Connie Dahl to January 2023; Appointment of Dave Husfeldt to January 2023 2. Park/Recreation/Community Education Board: Reappointment of Liz Marcus and Craig Juhnke to August 2022 3. Bicycle/Pedestrian Committee: Reappointment of John Hassinger to August 2021; Reappointment of Mark Hanneman to August 2022; Reappointment of Sara Turrell to August 2022 (k) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County Pheasants Forever on March 14, 2020 (1) Consideration for Approval of Senior Center Patron Code of Conduct (m)Consideration for Approval of the 2020 City of Hutchinson Pay Equity Report (n) Consideration for Approval of FrSecure Network Security Audit (o) Consideration for Approval of Information Technology Policy (p) Claims, Appropriations and Contract Payments — Register A 3 CITY COUNCIL MINUTES January 14, 2020 Item 7(n) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve Consent Agenda I with the exception of Item 7(n). Motion carried unanimously. Item 7(n) had further discussion. Council Member Cook noted that this contract is for three years and asked what happens after three years. Tom Kloss, Information Technology Director, explained that after the three years, the City will have a new program for 10 years until another audit needs to be completed. Motion by Cook, second by Sebesta, to approve Item 7(n). Motion carried unanimously. Council Member Cook asked if the City is connected to McLeod County in any way with this network security. Kloss explained that the City and County are connected with dispatch services. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Motion by Christensen, second by Sebesta, with Forcier and Czmowski abstaining, to approve Consent Agenda IL Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) 9. LIQUOR HUTCH ANNUAL REPORT Candice Woods, Liquor Hutch Manager, provide an annual report on the store's activities. Ms. Woods presented on sales history, general fund transfers, trends, successful ongoing promotions and projects for 2020. 10. REVIEW OF DRAFT TH15/MAIN STREET RECONSTRUCTION PROJECT COOPERATIVE CONSTRUCTION AGREEMENT AND ASSOCIATED COST -SHARING APPROACH Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff has received the cooperative construction agreement from Mn/DOT for the Hwy 15/Main Street reconstruction project. Currently the City's estimated project costs appear to be higher than earlier cost estimations. The agreement and schedule will be before the Council at the January 28, 2020, Council meeting for approval and will allow for the City and MnDOT to be well situated to finalize the cost -sharing approach shortly after the project bid opening date in February. Mr. Exner reviewed the cooperative construction agreement in detail as well as scheduling items. UNFINISHED BUSINESS .19 CITY COUNCIL MINUTES January 14, 2020 NEW BUSINESS 11. APPROVE/DENY FIRST READING OF ORDINANCE NO. 20-810 — AN ORDINANCE REPEALING CHAPTER I I I AND CHAPTER 123 OF THE HUTCHINSON CITY CODE Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that last December the Council formally adopted a new Chapter I I I of the City Code that incorporates regulations for peddlers/transient merchants and food vendors. Because of this new chapter, the Council should repeal the old chapter 111 and chapter 123. Motion by Cook, second by Czmowski, to approve first reading of Ordinance No. 20-810, repealing Chapter 111 and Chapter 123 of the Hutchinson City Code. Motion carried unanimously. 12. APPROVE/DENY LEGISLATIVE PRIORITIES FOR 2020 Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that this item was discussed at the last Council meeting and some suggested changes have been incorporated into the updated list of legislative priorities for 2020. As discussed, this document will be used to communicate the City's legislative concerns/issues both to the public and to the city's local legislators and could be a document to use when trips are made to the State Capitol. Motion by Czmowski, second by Christensen, to approve legislative priorities for 2020, including E. Motion carried unanimously. 13. APPROVE/DENY SETTING COUNCIL WORK SESSION Matt Jaunich, City Administrator, presented before the Council. This work session would be to used to talk about a variety of different items related to finances with the City. Staff and the Council had noted that discussions need to be held on items such as funding for the new police station, future tax levies, future fee schedules, staffing levels, rate stabilization fund, general fund balance policy and other items. Motion by Cook, second by Sebesta, to approve setting Council works session for February 18, 2020, at 2:00 p.m. Motion carried unanimously. GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 14. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Hutchinson Economic Development Authority Board Minutes from October 23, 2019 b) Hutchinson Housing & Redevelopment Authority Board Minutes from November 19, 2019 �c) Hutchinson Utilities Commission Board Minutes from November 27, 2019 d) Sidewalk Snow Removal Report for December 2019 MISCELLANEOUS 5 CITY COUNCIL MINUTES January 14, 2020 15. STAFF UPDATES Matt Jaunich — Mr. Jaunich noted that the bid opening for the Rec Center roof is being held this Thursday at 2:00 p.m.; City offices will be closed on January20' in recognition of Martin Luther King Jr. Day; On January 30'h Chandlerthinks, the consultant working on the marketing/branding project for the City, will be back to present findings from the information it gathered during the focus group sessions, individual session, surveys, etc. The presentation will be held in the evening hours. 16. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook referenced the new federal Tobacco 21 law and noted that to help clear up confusion caused by the quick passage of the federal law it is wise for state/local laws to be consistent which will provide for more local compliance and enforcement. He also noted that he attended a meeting in Litchfield that was sponsored by Rep. Urdahl and attended by local elected officials, including the mayor of Minneapolis. Council Member Cook noted that all cities face similar issues. Council Member Cook also spoke of charging stations and the idea of HUC implementing them throughout the city. Lastly Council Member Cook spoke of Census 2020 and the ability of census takers to enter apartment buildings. He also suggested that information regarding the census be put into utility bills. ADJOURNMENT Motion by Cook, second by Czmowski, to adjourn at 7:30 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL SUMMARY OF CLOSED MEETING PROCEEDINGS CITY ADMINISTRATOR ANNUAL PERFORMANCE REVIEW SESSION January 14, 2020 On January 14, 2020, the Hutchinson City Council closed its meeting to conduct the annual performance review for the City Administrator, Matthew Jaunich. Individuals present included Hutchinson Mayor Gary Forcier, City Council members Mary Christensen, Steve Cook, Chad Czmowski, and Dave Sebesta, City Administrator Matthew Jaunich, City Attorney Marc Sebora, and Human Resources Director Brenda Ewing. Mr. Jaunich exercised his right to close the proceedings to the public. Motion by Czmowski, second by Christensen, to convene into closed session at 4:02 p.m. to conduct the city administrator performance review. The motion passed unanimously. The Council then proceeded into a closed session. The Council reviewed with Mr. Jaunich his performance for calendar year 2019, in the following categories: Organizational Management, Fiscal/Business Management, Program Development, Relationship & Communication with the Council, Long -Range Planning, and Relationship with Public & Outside Organizations. Mr. Jaunich provided the Council with a summary of his progress in the positon of City Administrator for calendar year 2019, and his proposed future objectives and projects. Motion by Czmowski, second by Cook, to close the closed proceedings at 5:13 p.m. The motion passed unanimously. The Council moved back into open session. Motion by Cook, second by Czmowski, to establish a performance rating of 4.25 — exceeds expectations, with a 4% performance increase. The motion passed unanimously. Motion by Czmowski, second by Christensen, to adjourn the meeting at 5:14 p.m. The motion passed unanimously. To: Mayor and City Council From: Stephanie Nelson, Legal Technician Date: January 13, 2020 Subject: License Renewals for 2020 The following establishment has applied for 2020 license renewal. The appropriate paperwork has been submitted. Please approve the following license: Food Vendor Taqueria Del Buen Pastor HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: DNR Tree Grant Department: PW/Eng LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Kent Exner/John Olson Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Last year there was discussion regarding increasing the pace at which ash trees are being replaced, prior to any emerald ash borer (EAB) infestation in Hutchinson. As we were discussing this issue, Donovan Schuette, Arborist, learned of a potential grant from DNR to address species diversification to reduce the potential impact of EAB on the community. Public Works staff put together a $30,000 grant proposal to address ash tree replacements in parks and on boulevards. We recently learned that grant funds are available to the City, upon entering into a grant agreement with MnDNR. The majority of the trees (about 75%) will be ash tree replacements in parks with high ash tree population concentrations near park features, such as shelters, playgrounds, restrooms, etc. The remainder of the trees (about 25%) will be planted on boulevards in locations where ash trees have previously been removed. There would be some tools and materials purchased to support planting operations, including compost material and a 48" auger to amend soil around new plantings. The number of trees planted will depend upon the cost of selected species, size of the tree, and availability of selected species. If approved by the Council, Public Works staff anticipates planting most of the trees in 2020 using Parks & Public Works personnel, primarily . If necessary, some trees could be planted in 2021 under this grant. This grant, if approved by the City Council, would allow us to leverage approximately $7,500 in City costs to receive $30,000 for replacing ash trees in parks and on boulevards. BOARD ACTION REQUESTED: Approve/deny grant agreement, assign Mayor Forcier and Administrator Jaunich as signatories to the grant agreement. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 37,500.00 Total City Cost: $ 7,500.00 Funding Source: City funds = $4,000; In -kind = $3,500 Remaining Cost: $ 30,000.00 Funding Source: MnDNR grant STATE OF MINNESOTA GRANT CONTRACT This grant contract is between the State of Minnesota, acting through its Commissioner of Natural Resources, Division of Forestry, 500 Lafayette Rd., St. Paul, MN 55155 ("State") and the City of Hutchinson, I I I Hassan St. SE, Hutchinson, MN 55350 ("Grantee"). Recitals 1. Under Minn. Stat.§84.026, Subd. 1, and Minnesota Session Law 2019, 1" Special Session, 191, Chapter 4, Article 2, Section 2, Subdivision 6(d), the State is empowered to enter into this grant. 2. The State is in need of Urban and Community Forestry Services. 3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to the satisfaction of the State. Pursuant to Minli.Stat.i 16B.98, Subd. 1, the Grantee agrees to minimize administrative costs as a condition of this grant. Grant Contract 1 Term of Grant Contract 1.1 Effective date: January 16, 2020, or the date the State obtains all required signatures under Minn. Stat.§ 16B.98. Subd. 5, whichever is later. Per Minn.Stat.§16B.98 Subd. 7, no payments will be made to the Grantee until this grant contract is fully executed. 1.2 Expiration date: June 1, 2022, or until all obligations have been satisfactorily fulfilled, whichever occurs first. 1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8. Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and Endorsement; 13. Governing Law, Jurisdiction, and Venue; and 15 Data Disclosure. 2 Grantee's Duties The Grantee, who is not a state employee, will: Comply with required grants management policies and procedures set forth through Minn.Stat.§ 16B.97, Subd. 4 (a) (1). Perform the duties specified in Exhibit A, Exhibit B, and Exhibit C, which are incorporated and made a part of this agreement. 3 Time The Grantee must comply with all the time requirements described in this grant contract. In the performance of this grant contract, time is of the essence. 4 Consideration and Payment 4.1 Consideration. The State will pay for all services performed by the Grantee under this grant contract as follows: (a) Compensation The Grantee will be paid compensation in an amount not to exceed $30,000.00; on a reimbursement basis for qualifying purchases. According to the breakdown of costs contained in Exhibit B, which is attached and incorporated into this grant contract, the Grantee agrees to meet a minimum 25% funding match. The total project cost is $37,500.00. Grantee agrees to match at least $7500.00 of this project cost. Grant for Legislatively -named Municipality FY19: Updated November 2018 (b) Travel Expenses Reimbursement for travel and subsistence expenses actually and necessarily incurred by the Grantee as a result of this grant contract will not exceed $0.00; provided that the Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater amount than provided in the current "Commissioner's Plan" promulgated by the Commissioner of Minnesota Management and Budget (MMB). The Grantee will not be reimbursed for travel and subsistence expenses incurred outside Minnesota unless it has received the State's prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state. (c) Total Obligation. The total obligation of the State for all compensation and reimbursements to the Grantee under this grant contract will not exceed $30,000.00. 4.2 Payment (a) Invoices The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the services actually performed and the State's Authorized Representative accepts the invoiced services. Invoices must be submitted timely and according to the following schedule: 1. June], 2020 2. December], 2020 3. June 1, 2021 4. December], 2021 5. June], 2022 (b) Unexpended Funds The Grantee must promptly return to the State any unexpended funds that have not been accounted for annually in a financial report to the State due at grant closeout. 4.3 Subcontractors, Contracting, and Bidding Requirements The Grantee agrees that if it subcontracts any portion of this project to another entity, the agreement with the subcontractor will contain all applicable provisions of the agreement with the State. Per Minnesota Statute 471.345, Municipalities as defined in Subd.I must follow that Uniform Municipal Contracting Law if contracting funds from this grant contract agreement for any supplies, materials, equipment, or the rental thereof, or the construction, alteration, repair, or maintenance of real or personal property. (a) Support documentation of the bidding process utilized to contract services must be included in the grantee's financial records, including support documentation justifying a single/sole source bid, if applicable. (b) For projects that include construction work of $25,000 or more, prevailing wage rules apply per Minnesota Statue 177.41 through 177.44. Consequently, the bid request must state the project is subject to prevailing wage. These rules require that the wages of laborers and workers should be comparable to wages paid for similar work in the community as a whole. A prevailing wage form should accompany these bid submittals. 5 Conditions of Payment All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work found by the State to be unsatisfactory or performed in violation of federal, state, or local law. 6 Authorized Representative The State's Authorized Representative is Emma Schultz, Community Forest Project Specialist, 500 Lafayette Rd., St. Paul, AIN55155, (651) 259-5274, emma. schultz@state. mn. us, or her successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services provided under Grant for Legislatively -named Municipality FYI 9: Updated November 2018 2 this grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each invoice submitted for payment. The Grantee's Authorized Representative is Donovan Schuette, Municipal Specialist, 1400 Adams St. SE., Hutchinson, AKIN 55350, (320) 583-8982, dschuette@ci. hutchinson. mn. us. If the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must immediately notify the State. 7 Assignment Amendments, Waiver, and Grant Contract Complete 7.1 Assignment The Grantee shall neither assign nor transfer any rights or obligations under this grant contract without the prior written consent of the State, approved by the same parties who executed and approved this grant contract, or their successors in office. 7.2 Amendments Any amendments to this grant contract must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original grant contract, or their successors in office. 7.3 Waiver If the State fails to enforce any provision of this grant contract, that failure does not waive the provision or the State's right to enforce it. 7.4 Grant Contract Complete This grant contract contains all negotiations and agreements between the State and the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to bind either party. 8 Liability The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the Grantee may have for the State's failure to fulfill its obligations under this grant contract. 9 State Audits Under Minn. Stat. § l G13.98, Subd.8, the Grantee's books, records, documents, and accounting procedures and practices of the Grantee or other party relevant to this grant agreement or transaction are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant agreement, receipt and approval of all final reports, or the required period of time to satisfy all state and program retention requirements, whichever is later. 10 Government Data Practices and Intellectual Property Rights 10.1 Government Data Practices The Grantee and State must comply with the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee under this grant contract. The civil remedies of Minn. Stat. � 13.08 apply to the release of the data referred to in this clause by either the Grantee or the State. If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately notify the State. The State will give the Grantee instructions concerning the release of the data to the requesting party before the data is released. The Grantee's response to the request shall comply with applicable laws. 10.2 Intellectual Property Rights - Not Applicable Grant for Legislatively -named Municipality FYI 9: Updated November 2018 11 Workers Compensation The Grantee certifies that it is in compliance with Minn. Stat, § 176.1 S 1, Subd. 2, pertaining to workers' compensation insurance coverage. The Grantee's employees and agents will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any claims made by any third party as a consequence of any act or omission on the part of these employees are in no way the State's obligation or responsibility. 12 Publicity and Endorsement The Grantee will publicly post and promote project information and purpose as pertains to this grant contract. 12.1 Publicity Any publicity regarding the subject matter of this grant contract must identify the State as the sponsoring agency and must not be released without prior written approval from the State's Authorized Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or jointly with others, or any subcontractors, with respect to the program, publications, or services provided resulting from this grant contract. All projects primarily funded by state grant appropriations must publicly credit the State of Minnesota, including on the grantee's website when practicable. 12.2 Endorsement The Grantee must not claim that the State endorses its products or services. 13 Governing Law, Jurisdiction, and Venue Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 14 Termination 14.1 Termination by the State The State may immediately terminate this grant contract with or without cause, upon 30 days' written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed. 14.2 Termination for Cause The State may immediately terminate this grant contract if the State finds that there has been a failure to comply with the provisions of this grant contract, that reasonable progress has not been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and requiring the return of all or part of the funds already disbursed. 14.3 Termination for Insufficient Funding The State may immediately terminate this grant contract if: (a) It does not obtain funding from the Minnesota Legislature. (b) Or, if funding cannot be continued at a level sufficient to allow for the payment of the services covered here. Termination must be by written or fax notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis, for services satisfactorily performed to the extent that funds are available. The State will not be assessed any penalty if the contract is terminated because of the decision of the Minnesota Legislature, or other funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding within a reasonable time of the State's receiving that notice. 14.4 Additional Alternate Termination Language Additional alternate termination language may be negotiated on a case -by -case basis after the state agency has consulted with their legal and finance teams. Grant for Legislatively -named Municipality FYI 9: Updated November 2018 15 Data Disclosure Under Minn._ Stat. §_ 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social security number, federal employer tax identification number, and/or Minnesota tax identification number, already provided to the State, to federal and state tax agencies and state personnel involved in the payment of state obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any. 1. STATE ENCUMBRANCE VERIFICATION Individual certifies that funds have been encumbered as required by Minn. Slat. ' ' 16A.15 and 16C.05 Signed: Jen Franklin Date: January 16, 2020 SWIFT Contract/PO No(s). 171427 / 3-165661 2. GRANTEE The Grantee certifies that the appropriate person(s) have executed the grant contract on behalf of the Grantee as required by applicable articles, bylaws, resolutions, or ordinances. By: Gary Forcier Title: Mayor Date: 01 /28/2020 By: — Matthew Jaunich Title:City Administrator Date: 01 /28/2020 3. STATE AGENCY By: (with delegated authority) Title: Distribution: Agency Grantee State's Authorized Representative Grant for Legislatively -named Municipality FYI 9: Updated November 2018 Exhibit A: Grant Project Deliverables Emerald Ash Borer Community Forest Response Tree Planting City of Hutchinson Deliverables Grant Sum Total: $30,000.00 Grant Contact Deliverables • Grantee must address reducing the impact EAB will have on ash in their community • Grantees must provide photo documentation of the project's progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results • Projects must publicly post and promote grant project information and purpose Work with DNR to fully execute and report on the impacts of the work plan by meeting the requirements as submitted in the City of Hutchinson's application: Project Overview As a result of emerald ash borer the City of Hutchinson has established a preemptive removal and replacement program. The City has been targeting 50-100 low quality trees both in park/public areas and on boulevards. With this grant Hutchinson will be able to accelerate the replanting program, especially in parks. Specifically, the program will target parks with high concentrations of ash near prominent features such as shelters, playgrounds, bathrooms, patios, etc. 75% of the trees planted with this grant would be in these types of areas. We also have plenty of planting sites available on the boulevard that have not yet been replanted from the past year's preemptive removal program. 25% of trees planted would be in these sites. Regarding equipment, Hutchinson will purchase the usual shovels, white guards, and water bags, as well a 48" auger attachment. The reason for this particular attachment is to increase the area of loosened soil at planting time. By amending the soil with a 25% compost mixture and having a larger 48" wide area of loosened soil the City hopes to stave off future stem girdling and surface root issues in the future. Timeline Most of the planting sites are currently available now. The City anticipates ordering the bulk of the material over the winter and planting it in the planting season of 2020. Hutchinson has a large irrigation yard capable of holding over 200 potted trees and a gravel bed with a 100-tree capacity. The City normally plants about 350 trees per year so staff should be able to execute the grant within a single planting season. If there is carryover due to lack of availability, staff can also conduct planting operations in the summer of 2021. Project Impacts on Priority Landscapes Since ash trees are the most prevalent species of tree in the City, this planting program will help to meet a species diversity goal of having no more than 10% of any given tree species in the urban forest. The environmental benefits of trees are well known. This grant will help accelerate replacement of ash trees that have been removed and accelerate the benefits of these maturing trees. Residents and park users naturally question removal of trees that are not completely dead, which provides the opportunity to educate about EAB and the measures being taken to proactively address it. Filling gaps in the tree canopy, both in parks and on streets, will also help reduce damage during windstorms, especially to larger trees exposed by ash removal. Grant for Legislatively -named Municipality FYI 9: Updated November 2018 Project Impacts on Priority Populations Hutchinson has many parks throughout town in areas with differing levels of income. The parks department in particular takes pride in maintaining a high level of service in these parks regardless of the demographics of the surrounding area. With this grant the City can improve these parks especially in areas with lower income. In addition, the City has an extensive trail system that links the entire community. The City will also be focusing on these trails to provide a more appealing way to link to all areas of town together. Communication Hutchinson utilizes several means of communicating with the public. There is a parks and rec flier that goes out to all residents in which the City posts news of what's happening in the parks department. The forestry page of the city website in particular sees a lot of traffic and is another way to communicate with residents. Announcements of grants this size are normally in the local paper and are accompanied by an interview with relevant city staff explaining what the grant is about. Personnel The grant coordinator will be in charge of ordering plant material and supplies. The coordinator currently performs this task on a yearly basis and has a good network of plant material vendors on whom to draw from. The coordinator will be overseeing all planting operations, something which he currently also does. He will have the aid of 2 fulltime summer seasonals which worked with the City last year and are familiar with tree planting and aftercare. The coordinator will be able to draw on up to 4 fulltime public works employees for large scale planting operations and 2 fulltime parks employees. All of these personnel have worked with the coordinator in the past on large scale planting operations, including grant planting operations. Tree Planting Grant funds will not fund the purchase of trees that are over -represented in your community. Any genera that comprise 10% or more of the community forest make-up will not be funded. Numbers derived from the Minnesota Department of Natural Resources 2010 Rapid Assessment will be used unless an updated inventory is provided. For Hutchinson this means grant funds cannot be spent on purchasing: • Acer (Maple): listed at 28.0% ■ Fraxinus (Ash): listed at 20.1% No trees may be planted other than those specified in the Species List provided by grantee. As stated in the RFA, species list and numbers can be amended following the submissions of tree inventory/survey data. All trees planted with grant funds are expected to be maintained based on the City of Hutchinson's Three Year Maintenance Plan submitted as Exhibit C. Trees that do not survive will need to be replaced prior to grant close-out utilizing the warranty the city has with the nursery that stock was purchased from, or at the expense of the City of Hutchinson. Requesting Reimbursement Accomplishment reports and maps of completed work will be submitted with all requests for reimbursement. • Partial payment form along with invoices and proof of payment for grant -funded purchases, Cash Match form along with proof of payment, and In -Kind Match form Grant for Legislatively -named Municipality FYI 9: Updated November 2018 • Partial payments may be submitted as needed and must include all up-to-date required documents and accomplishment reports • Accomplishment reports will include grant contract deliverables and their impacts • Photo documentation of the project's progress at appropriate phases, and illustrations, diagrams, charts, graphs, and maps to show results • Maps will: o Identify the location ash have been removed o Identify the location ash stumps have been ground o Identify the location and Diameter at Breast Height (DBH) of ash that have been treated o Identify the location and species of trees that have been planted • All trees removed, treated, and planted will be mapped and submitted as shapefiles, with the planted trees identified by species, to obtain grand fund reimbursement. If your community does not have access to shapefile-generating software, please notify your DNR Urban and Community Forestry Team Member, and they will work to assist you. Following the submission of invoices and accomplishment reports, a compliance check will be conducted by Minnesota Department of Natural Resources staff. Staff will do a site evaluation ensuring that tree species submitted on maps are correctly identified and planted in accordance with the standards set in the Minnesota Department of Natural Resources Pocket Guide to Planting Trees. Staff will also ensure that the project adheres to the 20-10-5 guideline which means that following planting, a community has no more than 20% of their trees within a single family, no more than 10% of their trees within a single genus, and no more than 5% of their trees within a single species. Staff will confirm that planted tree stock is 1-2 inch caliper bareroot or a container class size #15 or smaller. Acknowledgments Environment and Natural Resources Trust Fund (ENRTF) • Since the citizens of Minnesota created this funding source, it is critical to the transparency of the fund that they are aware of how the funds are used. Acknowledgement of the ENRTF should be included in all project communications and outreach — including press releases, media interactions, signs, publications, event advertisements & invitations, websites, newsletters, printed materials, presentations, and social media. • Acknowledgement can be made through use of the ENRTF logo. Contact an Urban and Community Forestry Team Member to obtain the ENRTF logo. Projects are encouraged to display it within their efforts whenever possible and appropriate. It is available in color, black and white, or grayscale in a variety of file formats (.ai, .eps, .png, jpg, .gif). ■ Acknowledgement can be made by tagging ENRTF on Facebook (Minnesota Environment and Natural Resources Trust Fund) and mentioned on Twitter (@mnenrtf) when the City of Hutchinson posts about a project that has been supported by ENRTF. Not only will this fulfill the acknowledgement requirements, but it allows LCCMR to share Hutchinson's project accomplishments with their followers, including commission members. • Acknowledgement can be made through use of ENRT attribution language. If choosing Grant for Legislatively -named Municipality FYI 9: Updated November 2018 to acknowledge ENRTF funding through attribution language, please include at a minimum: "Funding provided by the Minnesota Environment and Natural Resources Trust Fund." (verbal) -or- "Funding for this project was provided by the Minnesota Environment and Natural Resources Trust Fund as recommended by the Legislative -Citizen Commission on Minnesota Resources (LCCMR)." (written) Minnesota Department of Natural Resources The Minnesota Department of Natural Resources needs to be acknowledged in publications, audiovisuals, and electronic media developed as a result of this award. ■ Including any publications or outreach materials related to this grant or agreement, a statement of affiliation with Minnesota Department of Natural Resources, e.g., "This publication made possible through a grant from the Minnesota Department of Natural Resources." OR "This project was conducted in cooperation with the Minnesota Department of Natural Resources." ■ Logo is permitted for use and can be obtained by contacting an Urban and Community Forestry Team Member. Grant for Legislatively -named Municipality FYI 9: Updated November 2018 Exhibit B: Project Budget Emerald Ash Borer Community Forest Response Tree Planting City of Hutchinson Item State Grant Funds Cash Match In -kind Match Total Personnel and Owned $3,500.00 $3,500.00 $7,000.00 Equipment Eligible Expenses as $26,500.00 $4,000.00 $30,500.00 referenced on RFA - Totals $30,000.00 $4,000.00 $3,500.00 $37.500.00 Grant for Legislatively -named Municipality FYI 9: Updated November 2018 10 Exhibit C: Tree Maintenance Plan Emerald Ash Borer Community Forest Response Tree Planting City of Hutchinson M. i NATEPARTMOF O AL REsouiices Tree Maintenance Plan Template for Newly Planted Trees Organization: City of Hutchinson Year and Season of Planting: 2020 spring/summer/fall Project Coordinator: Donovan Schuette B.C.M.A. MN 4636BM Phone: 320-583-8982 Email: dschuette@ci.hutchinson.mn.us # of Trees to be Planted: 268 Size (caliper for deciduous, height for conifers): 1 -1. 5" decid 3' evergreen Type of Stock to be Planted (Bare root, etc.): Containers #10 and #15 Describe how the activities below will be completed. 1. Tree Maintenance Personnel a. Describe who is responsible for maintenence. Summer operations would consist of: City arborist, 2 full time seasonals under the supervision of the arborist, and 1 full time parks employee with a good working knowledge about tree establishment. Winter operations would consist of the city arborist supervising 2 full time public works employees during pruning operations. b. Volunteers, homeowners, or inexperienced staff that will provide maintenance should receive basic training and literature on proper maintenance techniques. Is training needed and how will you do it? The full time seasonals involved with this project have a year of experience in forestry already and will be continuing to work with the arborist present during work activities thereby increasing their skillset. The other employees involved have several years of experience with forestry operations. c. How will you inspect tree maintenance work periodically to make sure it is being done correctly? We already have a driving route utilizing our G.I.S. inventory software that puts all publicly owned trees less than 5 years old in the most direct route. We run this route multiple times per year (in early spring to assess winter damage and bud break, late spring to check staking and prune suckering, and in mid -late october for structural pruning). This is also the route we use for watering, the frequency of which is determined by rainfall amounts and varying soil conditions. I will include a screen shot of the software we use. Formative trees are highlighted in orange. 2. Tree Watering Process Describe in detail how trees will be watered, the time period and frequency of watering. Trees should be watered weekly for the first 3 to 5 years when the ground is thawed, unless it has rained 1 inch in a week. We run water bags which are removed over winter and replaced in the spring. 1 and 2 year old trees all get water bags and 3-5 year old trees are evaluated based on how they respond to dry weather. Their response is dictated by a number of factors (soil conditions, slope, exposure, irrigation, etc.). If they need supplemental irrigation past 2 years old then they remain in the water bag program. 3. Mulching Trees Will you mulch your trees and if so, how will you maintain mulch? All trees are mulched at planting time, we receive mulch at no cost from our city owned compost facility. We use the driving route listed above to reapply mulch yearly. Unless there is a conflict with the homeowner on trees on the boulevard we try to mulch for at least 5 years. 4. Staking and Tying Trees Explain if staking is necessary due to mowing, vandalism, or wind conditions, and describe plans for inspection and removal. We'll stake mainly based on variety (how supple the tree happens to be at planting time) and wind exposure. Highly exposed sites will receive the most staking. Staking evaluation is one of steps in item 1(c) on our inspection route 5. Checking Tree Health The grantee will check trees every 6 —12 months to identify and address problems. Describe inspection process and follow-up. Question 1(c), our inspection route summary, covers our inspection process. 6. Tree Protection Young trees in busy urban areas may be easily damaged by human activity, animals, and equipment. Describe how planted trees will be protected. We use a 3" corrugated white guard which will remain on the tree until it no longer fits properly. Our aggressive mulching program also helps with minimizing damage. 7. Pruning Newly planted trees should need little pruning, if they were properly cared for in the nursery. In the first year after planting, remove only dead or broken branches. In later years, weakly attached limbs can be removed, and corrective pruning can be done if needed. Describe your pruning maintenance cycle. The vendors we use have established good structure on the trees we receive, if there's some leader issues or poor branch unions we'll correct them at planting time. Some varieties however require more frequent attention depending on how fast they establish. This is addressed in our maintenance inspection route. Priority is given to a clear central leader and reducing lateral branching. Difficult species such as hackberry, elm hybrids, and freeman maples are addressed by the arborist. S. Tree Warranty Tree planting should include a warranty from the nursery for replacement (due to poor condition or mortality). The grantee should be prepared to fully replace all trees that are in poor condition or die prior to inspection at the end of the project grant agreement, unless loss was due to natural disaster. Describe your tree warranty or how trees will be replaced. We'd be planting these ourselves so i don't think we'd get a warranty from the vendor, we do however replace trees that we have planted if they fail. We have a pretty good success rate, in our last grant project we only lost a couple trees which we replaced. Once a site is established we maintain a tree on that site. HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Resolution No. 15147 - Appointing Election Judges for PNP Election Department: Administration LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Melissa Starke Agenda Item Type: Presenter: Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The state Presidential Nomination Primary Election is being held March 3, 2020, at the Hutchinson Recreation Center located at 900 Harrington Street. In accordance with State law, cities must appoint election judges for this election by February 12, 2020. Attached is Resolution No. 15147 appointing election judges to serve at the Presidential Nomination Primary Election. Election judge appointments for the Primary and General elections will be made later this year. BOARD ACTION REQUESTED: Approve Resolution No. 15147 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15147 RESOLUTION DESIGNATING THE LOCATION OF POLLING PLACE FOR ALL CITY PRECINCTS AND APPOINTING JUDGES FOR THE 2020 PRESIDENTIAL NOMINATION PRIMARY ELECTION WHEREAS, Chapter 204B, Section 204B.16, Subd. 1 and Section 20413.21, Subd. 2 of the Laws of Minnesota states that the governing body of any municipality, by resolution adopted prior to the giving of notice of the election, may designate the location of polling place of all precincts (one, two, and three) and naming of judges serving in their municipality. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. That the polling place to be used during the 2020 Presidential Nomination Primary Election for all precincts will be in the Recreation Center located at 900 Harrington Street S.W., Hutchinson, Minnesota. 2. That the Election Judges for the Presidential Nomination Primary Election being held March 3, 2020, are hereby appointed in accordance with the attached list. 3. Be It Further Resolved that the Hutchinson Election Administrator is with this authorized to make any substitutions or additions as deemed necessary. Adopted by the City Council this 28t' day of January 2020 Gary T. Forcier, Mayor ATTEST: Matthew Jaunich, City Administrator PRESIDENTIAL NOMINATION PRIMARY ELECTION MARCH 3, 2020 ELECTION JUDGES JANET CONNER CATHY PRELLWITZ* NANCY NACKERUD** MARK LEWANDOWSKI* GLADYS PILGRIM DENNIS SCHROEDER* BETTY BRANDT VANESSA LAHR LEANN ANDERSON CAROL M. JOHNSON JOHN GREIN JOHN F. OLSEN III ANGIE RADKE** JOAN EWALD TOM WIRT KEAGEN PETERSEN MARY ANDERSON GREG HANSON** CALYN LIESTMAN *indicates head judge **indicates assistant/co-head judge HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Off -Site Gambling Application - American Legion Post 96 Department: Administration LICENSE SECTION Meeting Date: 1/28/2020 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The American Legion Post 96 has submitted an application to conduct off -site gambling (a raffle) at Peace Lutheran Church, located at 400 Franklin Street SW, from February 10 - 16, 2020. State law requires that cities grant approval of the off -site gambling when it is being requested by a state -licensed organization prior to the application being submitted to the Minnesota Gambling Control Board. The applicant will submit the final application to the State Gambling Control Board for their authorization. BOARD ACTION REQUESTED: Approve off -site gambling application for American Legion Post 96 from February 10 - 16, 2020 at Peace Lutheran Church located at 400 Franklin Street SW. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: MINNESOTA LAWFUL GAMBLING LG230 Application to Conduct Off -Site Gambling 6/15 Page I of 2- No Fee ORGANIZATION INFORMATION - - Organization Name: Rik' XIZ-13 O V4 0 ���1 �'� License Number: Address: O � a`n75 ST. S,�G- ■.�. City: MN Zip: Chief Executive Officer (CEO) Name:-I-t TV, 1,wx-kT.y Daytime Phone: 2__,�;Lc) Gambling Manager Name: ��� + Z�5y't1 _ Daytime Phone: _11�0 S I .16 GAMBLING ACTIVITY Twelve off -site events are allowed each calendar year not to exceed a total of 36 days. From �A_j{_ ) / r to J 4l aD Check the type of games that will be conducted: F1Raffle Pull -Tabs ❑Bingo ❑Tipboards Paddlewheel GAMBLING PREMISES Name of location where gambling activity will be conducted:�.�►+C- �►►-`�71:�" r,�1V G��'C __— Street address and �y City (or township): Y`(UL�j i t . CIL G��p1N Si jQ Zip: -rkY County: • Do not use a post office box. • If no street address, write in road designations (example: 3 miles east of Hwy. 63 on County Road 42). Does your organization own the gambling premises? ❑Yes If yes, a lease is not required. © No If no, the lease agreement below must be completed, and signed by the lessor. LEASE AGREEMENT FOR OFF -SITE ACTIVITY (a lease agreement Is not required for raffles) Rent to be paid for the leased area: $ 4�j (if none, write "0") All obligations and agreements between the organization and the lessor are listed below or attached. • Any attachments must be dated and signed by both the lessor and lessee. • This lease and any attachments is the total and only agreement between the lessor and the organization conducting lawful gambling activities. • Other terms, if any: Lessor's Signature: Date. Print Lessor's Name: CONTINUE To PAGE 2 LG230 Application to Conduct Off -Site Gambling 6/15 Page 2 of 2 Acknowledgment by Local Unit of Government: Approval by Resolution CITY APPROVAL COUNTY APPROVAL for a gambling premises for a gambling premises located within city limits located in a township City Name: County Name: Date Approved by City Council: Date Approved by County Board: Resolution Number: Resolution Number: (If none, attach meeting minutes.) (If none, attach meeting minutes_) Signature of City Personnel: Signature of County Personnel: Title: Date Signed: Title: Date Signed: _ TOWNSHIP NAME: Complete below only if required by the county. Local unit of government On behalf of the township, I acknowledge that the organization is must sign. applying to conduct gambling activity within the township limits. (A township has no statutory authority to approve or deny an application, per Minnesota Statutes 349.213, 5ubd. 2.) Print Township Name: Signature of Township Officer: Title: Date Signed: CHIEF EXECUTIVE OFFICER (CEO) ACKNOWLEDGMENT The person signing this application must be your organization's CEO and have their name on file with the Gambling Control Board. If the CEO has changed and the current CEO has not filed a LG200B Organization Officers Affidavit with the Gambling Control Board, he or she must do so at this time. I have read this application, and all information is true, accurate, and complete and, if applicable, agree to the lease terms as stated in thi-5.appli tion. J f Signature of CEO (must be CEO's signature; designee may not sign) Date Mail or fax to: No attachments required. Minnesota Gambling Control Board Suite 300 South Questions? Contact a Licensing Specialist at 651-539-1900. 1711 West County Road B Roseville, MN 55113 Fax: 651-639-4032 This publication will be made available in alternative format (i.e. large print, braille) upon request. Data privacy notice: The information requested on this form (and any If the Board does not issue a permit, all Information provided remains attachments) will be used by the Gambling Control Board (Board) to private, with the exception of your organization's name and address which determine your organization's qualifications to be involved in lawful will remain public. gambling activities In Minnesota. Your organization has the right to refuse to supply the information; however, If your organization refuses to supply Private data about your organization are available to: Board members, this information, the Board may not be able to determine your Board staff whose work requires access to the information; Minnesota's organization's qualifications and, as a consequence, may refuse to issue a Department of Public Safety; Attorney General; commissioners of permit. If your organization supplies the information requested, the Board Administration, Minnesota Management & Budget, and Revenue; will be able to process your organization's application. Legislative Auditor; national and international gambling regulatory agencies; anyone pursuant to court order; other individuals and agencies Your organization's name and address will be public Information when specifically authorized by state or federal law to have access to the received by the Board. All other information provided will be private data information; individuals and agencies for which law or legal order about your organization until the Board issues the permit. When the authorizes a new use or sharing of information after this notice was given; Board issues the permit, all information provided will become public. and anyone with your written consent. An eguai opportuity employer HUTCHINSON CITY COUNCIL ci=y�f AFON Request for Board Action 7AL =-M Agenda Item: Consideration of a CUP in the C-5 District for a Clinic at 225 and 227 3rd Ave Nl� Department: Planning LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Jacqui Ruzicka, Serenity Mental Health Services is seeking approval to locate its clinic in an existing building at 225 3rd Avenue NW, Hutchinson. This property has housed several business over the past several years including a roofing company and other contractors. The building will be remodeled to accommodate the proposed use. Nobody from the public spoke regarding the request. The applicant gave an overview of the business and planned clinic. Recommendation: Staff recommends approval of the conditional use permit with the following conditions: 1. The proposed building and site improvements shall comply with the standards of the C-5 district and the Zoning Ordinance, as well as all other City regulations. 2. A building permit is required for the remodeling of the building. 3. A site plan is required to be submitted with the building permit that shows the arrangement of the parking stalls and drive aisles. 4. The parking stalls are required to be striped and the size and quantity will be required to meet City Code. BOARD ACTION REQUESTED: Approval of CUP Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 15143 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A CONDITIONAL USE PERNHT FOR AN OUTPATIENT CLINIC FOR MENTAL HEALTH SERVICES AT 225 AND 227 3" AVE NW. JACQUI RUZICKA APPLICANT FACTS JMR Enterprises, LLC is the owner of land located at 225 and 227 3rd Avenue NW, Hutchinson, Minnesota; and 2. Jacqui Ruzicka, JMR Enterprises, LLC has applied for a conditional use permit for an outpatient clinic for mental health services; and 3. The subject property is legally described as: Lot Eight (8) in Block Twenty-four (24) of THE NORTH HALF OF THE CITY OF HUTCHINSON. Lot Nine (9) of Block Twenty-four (24) of THE NORTH HALF OF THE CITY OF HUTCHINSON. Lot Ten (10) in Block Twenty-four (24), Townsite of Hutchinson, North Half. 4. The property is located in the C-5 (Conditional Commercial) Zoning District. 5. The request for a conditional use permit is required because of Sections 154.065, 154.175 of the Hutchinson Zoning Ordinance. 6. Following a public hearing on the application, the City of Hutchinson Planning Commission has recommended approval of the Conditional Use Permit on January 21, 2020 with the following findings and conditions: A. The proposed building and site improvements shall comply with the standards of the C-5 district and the Zoning Ordinance, as well as all other City regulations. B. A building permit is required for the remodeling of the building. C. A site plan is required to be submitted with the building permit that shows the arrangement of the parking stalls and drive aisles. D. The parking stalls are required to be striped and the size and quantity will be required to meet City Code. 7. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on January 28, 2020 and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: Findings of Fact — Resolution 15143 Conditional Use Permit 225 and 227 3" Ave NW 01/28/2020 Page 2 A. The proposed building and site improvements shall comply with the standards of the C-5 district and the Zoning Ordinance, as well as all other City regulations. B. A building permit is required for the remodeling of the building. C. A site plan is required to be submitted with the building permit that shows the arrangement of the parking stalls and drive aisles. D. The parking stalls are required to be striped and the size and quantity will be required to meet City Code. APPLICABLE LAW 8. The conditional use permit request meets the following standards as required in Section 154.062 of the City of Hutchinson Municipal Code. (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 9. The requested conditional use permit is consistent with the comprehensive plan. 10. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 11. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to issue a conditional use permit to allow Jacqui Ruzicka, applicant, to operate an outpatient clinic for mental health services located at 225 and 227 3rd Ave NW is hereby approved. Adopted by the City Council this 28th day of January, 2020. ATTEST: Findings of Fact — Resolution 15143 Conditional Use Permit 225 and 227 3" Ave NW 01/28/2020 Page 3 Matt Jaunich City Administrator Gary T. Forcier Mayor DIRECTORS REPORT -PLANNING DEPARTMENT ---------------- To: Hutchinson Planning Commission From: Dan Jochum, AICP Date: January 15, 2020, for January 21, 2020, Planning Commission Meeting Application: Consideration of a Conditional Use Permit in the C-5 Conditional Commercial Zoning District for an Outpatient Mental Health Clinic at 225 and 227 3rd Avenue NW, Hutchinson. Applicant: Jacqui Ruzicka Conditional Use Permit Jacqui Ruzicka, Serenity Mental Health Services is seeking approval to locate its clinic in an existing building at 225 3,d Avenue NW, Hutchinson. This property has housed several business over the past several years including a roofing company and other contractors. The building will be remodeled to accommodate the proposed use. Conditional Use Permit 225 and 227 3rd Ave NW Planning Commission—1/21/20 Page 2 GENERAL INFORMATION Existing Zoning: C-5 (Conditional Commercial District) Property Location: 225 and 227 3,d Avenue NW, Hutchinson Lot Size: 26,093 Square Feet Existing Land Use: Commercial — vacant Adjacent Land Use: Commercial Adjacent Zoning: C-5 (Conditional Commercial District) Comprehensive Plan: Commercial Zoning History: CUP in 2005 to pave parking lot. CUP in 2007 for Sign Shop. Applicable Regulations: Section 154.065, 154.175 Building: Existing Building will be used. It is approximately 2,400 square feet. Conditional Use Permit: A Conditional Use Permit (CUP) is needed for any use in this district. The purpose of the C-5 Conditional Commercial District is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. The applicant is requesting a CUP to operate an outpatient mental health clinic at the above listed location. The clinic has outgrown in current location (ReMax Building on Highway 7 East) and need a bigger space to service the needs of the community. The building has good access off 3,d Avenue NW and a large parking lot on the south and west side of the building. Staff is recommending a site plan showing parking stalls and drive aisles be submitted with the building permit. Additionally, a building permit will be required for all of the proposed improvements. Recommendation: Staff recommends approval of the conditional use permit with the following conditions: Conditional Use Permit 225 and 227 3rd Ave NW Planning Commission—1/21/20 Page 3 1. The proposed building and site improvements shall comply with the standards of the C-5 district and the Zoning Ordinance, as well as all other City regulations. 2. A building permit is required for the remodeling of the building. 3. A site plan is required to be submitted with the building permit that shows the arrangement of the parking stalls and drive aisles. 4. The parking stalls are required to be striped and the size and quantity will be required to meet City Code. W N S 1 (n z 0 og v) w M 0 to cr Cj w G. o ui F- z w F- z w cr- w W 0 LL 00 w LLI"a > ;4,0 m: 0) cr- D W LL- 0 cli 0 O w CD F- O 8 < z 0 oz LL- cr F- 0 CC Q) w o=) 6) w -j I fi v. o 8 VL 00 40 o 0 w o 0- AAN iTldis fJRVM C) CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 1/15/20 - 1/28/20 Check Date --------- O1/17/2020 Check ---------------- EFT1127 Vendor Name ---------------------------------------------------------- EFTPS Description --------------------------------------------------------------------- Payroll 12/29/19- 1/11/20 Amount ------------------------------------------ $ 66,835.59 O1/17/2020 EFT1128 Child Support Payroll 12/29/19 - 1/11/20 $ 593.01 O1/17/2020 EFT1129 MN Dept of Revenue Payroll 12/29/19 - 1/11/20 $ 11,958.36 O1/17/2020 EFT1130 Provident Life Insurance Payroll 12/29/19 - 1/11/20 $ 640.51 O1/17/2020 EFT1131 PERA Payroll 12/29/19 - 1/11/20 $ 52,395.07 O1/17/2020 EFT1132 TASC-Flex Payroll l2/29/19- 1/11/20 $ 1,679.56 O1/17/2020 EFT1133 TASC-H S A Payroll 12/29/19 - 1/11/20 $ 13,606.43 O1/17/2020 EFT1134 ICMA Payroll l2/29/19- 1/11/20 $ 3,210.00 O1/17/2020 EFT1135 VOYA Payroll 12/29/19 - 1/11/20 $ 530.00 O1/17/2020 EFT1136 MNDCP Payroll 12/29/19 - 1/11/20 $ 350.00 O1/17/2020 208996 MNPEA Payroll l2/29/19-1/11/20 $ 624.00 O1/17/2020 208997 Unum Life Insurance Payroll 12/29/19 - 1/11/20 $ 1,280.75 O1/17/2020 208998 HART Payro 1112/29/19 - 1/11/20 $ 585.47 O1/21/2020 208999 MYSTIC LAKE CASINO HOTEL 1/22/20 LUNCH AT THE BUFFET - SR TOUR 808.40 O1/28/2020 209000 48FORTY SOLUTIONS, LLC PALLETS FOR CREEKSIDE PRODUCTION 7,458.66 O1/28/2020 209001 AARP JANUARY INSTRUCTION - SR CENTER 430.00 O1/28/2020 209002 ABDO EICK & MEYERS AUDIT SERVICES FOR YE 12/31/19 4,500.00 O1/28/2020 209003 ACE HARDWARE - 1315 REPAIR & MAINT SUPPLIES - VARIOUS DEPTS 466.13 O1/28/2020 209004 ACE HARDWARE - 1790 REPAIR & MAINT SUPPLIES - FIRE 23.99 01/28/2020 209005 ACE HARDWARE - 1825 REPAIR & MAINT SUPPLIES - POLICE 7.98 01/28/2020 209006 ADVANCED POWER SERVICES, INC BACKUP GENERATOR INSPECTION/SERVICE 1,350.00 01/28/2020 209007 ADVANTAGE POLICE SUPPLY, INC. HELMET AND GAS MASK CIP PROJECT 13,825.00 01/28/2020 209008 ALPHA WIRELESS JANUARY MAINT ON RADIO EQUIP 794.75 01/28/2020 209009 AMERICAN BOTTLING CO JANUARY COST OF GOODS - LIQUOR STORE 122.32 01/28/2020 209010 AMERICAN RAMP COMPANY RAMPARMOR 1,480.00 O1/28/2020 209011 AMERIPRIDE SERVICES 1/13 CLEANING SERVICES SERVICES - LIQUOR STORE 142.09 O1/28/2020 209012 ARTISAN BEER COMPANY JANUARY COST OF GOODS - LIQUOR STORE 846.85 O1/28/2020 209013 ASSOC OF TRAINING OFFICERS - ATOM 2020 MEMBERSHIP DUES: ADAM AMENT 250.00 O1/28/2020 209014 ATLAS BUSINESS SOLUTIONS 2020 SCHEDULEANYWHERE LICENSE 907.20 O1/28/2020 209015 AUTO VALUE - GLENCOE REPAIR & MAINT SUPPLIES - HATS 1,662.12 01/28/2020 209016 BCA BACKGROUND CHECK FOR NEW HIRE 33.25 01/28/2020 209017 BELLBOY CORP JANUARY COST OF GOODS - LIQUOR STORE 3,751.77 01/28/2020 209018 BENEFIT EXTRAS INC COBRA RENEWAL PROCESSING FEE 275.00 O1/28/2020 209019 BERNICK'S JANUARY COST OF GOODS - LIQUOR STORE 609.05 O1/28/2020 209020 BLUE EARTH COUNTY 2020 RADIO BD DUES - POLICE 631.89 O1/28/2020 209021 BRANDON TIRE CO LEAF VAC: TIRE REPAIR 85.50 O1/28/2020 209022 BREAKTHRU BEVERAGE JANUARY COST OF GOODS - LIQUOR STORE 34,975.21 O1/28/2020 209023 BUREAU OF GRIM. APPREHENSION CIDN ACCESS FEES - POLICE 390.00 O1/28/2020 209024 BWWELDING 10GAHR46"X47" 95.00 O1/28/2020 209025 C & L DISTRIBUTING JANUARY COST OF GOODS - LIQUOR STORE 29,155.82 01/28/2020 209026 CARD SERVICES HPD TRAINING SUPPLIES 79.12 01/28/2020 209027 CARLOS CREEK WINERY JANUARY COST OF GOODS - LIQUOR STORE 630.00 01/28/2020 209028 CARS ON PATROL SHOP LLC POLICE VEHICLE REPAIRS 696.04 01/28/2020 209029 CENTRAL HYDRAULICS VEHICLE REPAIRS - VARIOUS DEPTS 4,081.59 01/28/2020 209030 CENTRAL MCGOWAN CYLINDER RENTAL- HATS 119.04 O1/28/2020 209031 CHANDLERTHINKS, LLC BRANDING INVOICE #3 8,937.50 O1/28/2020 209032 CHEMISOLV CORP FERRIC CHLORIDE - WWTP 5,060.23 O1/28/2020 209033 CINTAS CORPORATION MONTHLY CLEANING SERVICE - VARIOUS DEPTS 116.27 O1/28/2020 209034 CORE & MAIN LP INSIDE TRANSMITTERS 3,376.66 O1/28/2020 209035 COURTNEY ORWOLL REFUND FOR YOUTH WRESTLING 85.00 O1/28/2020 209037 CROW RIVER OFFICIALS ASSN JAN - MAR ADULT BASKETBALL GAMES 2,340.00 O1/28/2020 209038 CROW RIVER WINERY JANUARY COST OF GOODS - LIQUOR STORE 714.00 O1/28/2020 209039 DELL MARKETING L.P. 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JANUARY COST OF GOODS - LIQUOR STORE 85,193.27 O1/28/2020 209088 JUUL CONTRACTING CO 1/2/20 SNOW REMOVAL 360.00 O1/28/2020 209089 KERI'S CLEANING & HANDYMAN SERVICES 1/1 - 1/15 CLEANING SERVICES: CC, LIB, SR DIN 1,947.03 O1/28/2020 209090 KOSEK, JEFFREY 1/2/20 SNOW REMOVAL 360.00 O1/28/2020 209091 L & M FLEET SUPPLY 2020 VENDOR PARTNERSHIP AGREEMENT 2,375.00 01/28/2020 209092 L & P SUPPLY CO EQUIPMENT REPAI R & SUPPLIES - VARIOUS DEPTS 208.47 01/28/2020 209093 LANO EQUIPMENT OF NORWOOD 312T: DRAWBAR, USED ROCK - AIRPORT 450.00 01/28/2020 209094 LIBATION PROJECT JANUARY COST OF GOODS - LIQUOR STORE 2,440.00 O1/28/2020 209095 LOCHER BROTHERS INC JANUARY COST OF GOODS - LIQUOR STORE 25,928.60 O1/28/2020 209096 LOGIS SYS DEV - SPECIAL ASSMT, GIS, R & D; NETWORK WELLNESS 8,888.00 O1/28/2020 209097 MAPA CHAD MUCHOW & KEITH MESSNER - WORKSHOP 200.00 O1/28/2020 209098 MARCO TECHNOLOGIES, LLC December Cost per Print 404.21 O1/28/2020 209099 MARK BETKER CONSTRUCTION LLC I NSTALL 2 PANIC BARS @ LI BRARY 285.00 O1/28/2020 209100 MCLEOD COUNTY COURT ADMINISTRATOR BAIL: J NARANJO 250.00 O1/28/2020 209101 MCLEOD COUNTY FAIRGROUNDS COMMERICAL BLDG RENTAL - PRCE 80.00 01/28/2020 209102 MCLEOD COUNTY RECORDER EASEMENT, LIMITED WARRANTY DEEDS 141.30 01/28/2020 209103 MEADE-BUTLER ENTERPRISE LLC TIF: ANDREW & LAURA SNOOK 4,504.56 01/28/2020 209104 MEDICA February Medical Insurance 151,938.24 01/28/2020 209105 MENARDS HUTCHINSON REPAIR & MAINT SUPPLIES - VARIOUS DEPTS 1,548.34 01/28/2020 209106 MINNESOTA COUNCIL OF AIRPORTS MEMBERHIP RENEWALTHRU 4/30/21 150.00 O1/28/2020 209107 MINNESOTA COUNTY ATTORNEY ASSN 2012 PROPERTY RECEIPTS, REC/INV/RETURN FORM - POLICE 44.00 O1/28/2020 209108 MINNESOTA DEPT OF HEALTH 2O20 LICENSE RENEWALS - CONCESSIONS 860.00 O1/28/2020 209109 MINNESOTA DEPT OF LABOR & INDUSTRY PRESSURE VESSELS- HATS, WTP 40.00 O1/28/2020 209110 MINNESOTA UNEMPLOYMENT INSURANCE 4TH QTR 2019 UNEMPLOYMENT 487.26 O1/28/2020 209111 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING SERVICES - WWTP 227.40 O1/28/2020 209112 MN DEPT OF LABOR & INDUSTRY 4TH QTR BUILDING PERMIT SURCHARGES 3,011.98 O1/28/2020 209113 MN DNR LICENSE CENTER 2020 RENEWALS - PARKS WATERCRAFTS 102.40 O1/28/2020 209114 MN DNR WATERS WATER USE PERMIT 6,466.24 01/28/2020 209115 MN TRANSPORTATION ALLIANCE 2020 MEMBERSHIP DUES 592.00 01/28/2020 209116 MRPA DAN HOWK: CERT PLAYGROUND SAFETY INSP COURSE 470.00 01/28/2020 209117 NASH FINCH COMPANY 4TH QTR 2019 CAM - LIQUOR STORE 1,040.89 01/28/2020 209118 NORTHERN BUSINESS PRODUCTS MISC OFFICE SUPPLIES - VARIOUS DEPTS 130.69 01/28/2020 209119 O'REI LLY AUTO PARTS MISC VEHICLE SUPPLIES - VARIOUSDEPTS 302.32 O1/28/2020 209120 OFFICE DEPOT MISC OFFICE SUPPLIES - VARIOUS DEPTS 145.99 O1/28/2020 209121 OFFICE OF MN IT SERVICES DECEMBER SERVICES - MOTOR VEHICLE 94.99 O1/28/2020 209122 OLYMPIC POOLS CPO CLASS APR 7-8 2020 - BURMEISTER, FELBER, HAUGEN 810.00 O1/28/2020 209123 ON TRAX TRUCK REPAIR REPLACE AIR GOVERNOR - STREETS EQUIPMENT 127.50 O1/28/2020 209124 OPG-3, INC ANNUALSUPPORT 7,366.00 O1/28/2020 209125 PAULSON,JOHN REIM B: MILEAGE TO STORMWATER COALITION MTG 80.04 O1/28/2020 209126 PAUSTIS WINE COMPANY JANUARY COST OF GOODS - LIQUOR STORE 5,745.00 O1/28/2020 209127 PENMAC STAFFING SERVICES, INC. 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Fees 98.94 O1/28/2020 209154 TEK MECHANICAL 11/13 SERVICE CALL ON BOILER LOCKS OUT - WWTP 484.95 O1/28/2020 209155 THOMSON REUTERS-WEST DEC WEST INFO CHARGES- POLICE 132.30 01/28/2020 209156 TITAN MACHINERY PUBLIC WORKS EQUIPMENT PARTS 620.33 01/28/2020 209157 UNUM LIFE INSURANCE CO OF AMERICA February Life Insurance 2,697.95 01/28/2020 209158 US BANK UB refund for account: 1-480-4350-2-01 73.40 01/28/2020 209159 VALLEY SALES OF HUTCHINSON VEHICLE REPAIRS & PARTS -VARIOUS DEPTS 342.50 01/28/2020 209160 VERIZON CONNECT NWF, INC. DEC STREETS PHONE SERVICES 94.75 01/28/2020 209161 VERIZON WIRELESS DEC 03 - JAN 02 SERVICES 38.58 O1/28/2020 209162 VIKING BEER JANUARY COST OF GOODS - LIQUOR STORE 11,803.80 O1/28/2020 209163 VIKING COCA COLA JANUARY COST OF GOODS - LIQUOR STORE 770.85 O1/28/2020 209164 VIKING SIGNS & GRAPHICS INC LETTERS, SIGNS REPAIRS AT PARKS 720.00 O1/28/2020 209165 VINOCOPIA INC JANUARY COST OF GOODS - LIQUOR STORE 3,648.22 O1/28/2020 209166 WASTE MANAGEMENT OF WI -MN 12/16 - 12/31-19 RESIDENTIAL SERVICES 4,990.57 01/28/2020 209167 WELCOME NEIGHBOR HUTCH NEW RESIDENT VISITS 60.00 01/28/2020 209168 WEST CENTRAL SANITATION INC. DECEMBER RESIDENTIAL SERVICES 48,599.26 01/28/2020 209169 WINE COMPANY, THE JANUARY COST OF GOODS - LIQUOR STORE 2,439.35 O1/28/2020 209170 WINE MERCHANTS INC JANUARY COST OF GOODS - LIQUOR STORE 3,181.08 O1/28/2020 209171 WINEBOW FINE WINE & SPIRITS JANUARY COST OF GOODS - LIQUOR STORE 2,084.00 Total - Check Disbursements (Register A): $ 1,015,202.76 Department Purchasing Card Activity - December 2019 Date Dept Vendor Name Description Amount 12/6/2019 PLANNING BELNICK RETAIL, LLC New chairs for dining room 2,008.29 12/9/2019 PLANNING DEPARTMENT OF LABOR AND INDUSTRY Boiler lic. 20.00 12/11/2019 PLANNING U OF M CONTLEARNING Training session 135.00 12/30/2019 PLANNING AMAZON Exit sign 9.99 12/30/2019 PLANNING AMAZON Panic bar door exit 199.98 12/6/2019 PARK AND REC AMAZON Ball Cart 57.54 12/6/2019 PARK AND REC AMAZON Basketballs 529.90 12/9/2019 PARK AND REC SHUTTERFLY Credit for Tax not owed (7.60) 12/9/2019 PARK AND REC ARAMARK Jackets for Arena employees 217.91 12/9/2019 PARK AND REC SHUTTERFLY Team Photos 110.66 12/11/2019 PARK AND REC WHENIWORK.COM When I Work 84.00 12/18/2019 PARK AND REC AMAZON Trash Bags 94.95 12/18/2019 PARK AND REC AMAZON Assorted Recreation Supplies 24.94 12/18/2019 PARK AND REC AMAZON Assorted Recreation Products 97.46 12/19/2019 PARK AND REC AMAZON Assorted Recreation Supplies 85.98 12/19/2019 PARK AND REC AMAZON Trash Bags 94.95 12/30/2019 PARK AND REC AMAZON Climber for RecCenter 282.58 12/31/2019 PARK AND REC AMAZON Indoor Play Equipment 501.59 12/9/2019 CREEKSIDE SPS COMMERCE Nov 2019 SPS charges for Bomgaars and UH 240.30 12/4/2019 FINANCE AMAZON DMV office supplies 46.93 12/5/2019 FINANCE AMAZON EDA - Dry Erase Board 79.49 12/9/2019 FINANCE AMAZON Post -it notes 6.35 12/9/2019 FINANCE PERSONALIZATION MALL Retirement gift for D.Voss at PD 34.65 12/9/2019 FINANCE AMAZON Retirement Gift - D.Voss at PD 23.95 12/12/2019 FINANCE AMAZON Wall planner and Calendars 33.14 12/13/2019 FINANCE WAL-MART Soda for City Ctr vending machine 104.50 12/16/2019 FINANCE AMAZON Return-DMV office supplies (3.99) 12/16/2019 FINANCE AMAZON Legal paper pads, File folders 21.62 12/16/2019 FINANCE AMAZON Coffee creamer 6.89 12/16/2019 FINANCE AMAZON Calendars and monthly planners 16.95 12/16/2019 FINANCE AMAZON File folder fasteners 38.48 12/16/2019 FINANCE AMAZON Document stand holder 89.70 12/16/2019 FINANCE AMAZON Return-DMV office supplies (31.98) 12/20/2019 FINANCE AMAZON Large envelopes 11.49 12/20/2019 FINANCE AMAZON Scissors 8.97 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 1/15/20 - 1/28/20 Check Date ----------------- 12/23/2019 Check ----------------- FINANCE Vendor Name ------------------------------------------------------------ AMAZON Description --------------------------------------------------------------------------------------------- Pencils Amount ------------------------------------------ 14.99 12/27/2019 FINANCE AMAZON XL Binder Clips 11.99 12/30/2019 FINANCE AMAZON Ballpoint pens 9.77 12/30/2019 FINANCE AMAZON Safety supplies - Replenish first aid kits 76.82 12/30/2019 FINANCE AMAZON DMV - Thermal paper rolls 39.60 12/30/2019 FINANCE AMAZON Safety supplies - replenish first aid kits 41.16 12/2/2019 LIQUOR HUTCH FACEBOOK Advertising 172.00 12/5/2019 LIQUOR HUTCH AMAZON Counterfeit bill detection pens 21.46 12/5/2019 LIQUOR HUTCH ACE HARDWARE - 1325 Painting supplies 20.56 12/5/2019 LIQUOR HUTCH MENARDS HUTCHINSON Paper towels, dusters, white board supplies 52.15 12/16/2019 LIQUOR HUTCH RETAIL INFORMATION TEC Monthly RITE software fee 213.75 12/16/2019 LIQUOR HUTCH MENARDS HUTCHINSON Replacement light bulbs 42.93 12/19/2019 LIQUOR HUTCH RETAIL INFORMATION TEC Gift cards 722.58 12/23/2019 LIQUOR HUTCH EIG CONSTANTCONTACT.COM E-mail blast advertising 70.00 12/2/2019 PUBLIC WORKS MIDWAY IRON & METAL INC Ditch Conversion Capital Project - metal cover 2,602.80 12/5/2019 PUBLIC WORKS MINNESOTA STATE COLLEGES Grading Base Recertification - Keith M. 200.00 12/5/2019 PUBLIC WORKS MINNESOTA STATE COLLEGES Concrete Recertification - Keith M. 300.00 12/9/2019 PUBLIC WORKS GOLDSTAR PRODUCTS INC Equipment Salt Neutralizer 1,504.97 12/16/2019 PUBLIC WORKS THE TORO COMPANY Snow Plow Part 86.34 12/16/2019 PUBLIC WORKS POWER EQUIP DIRECT Replacement Heater- Building#80 689.40 12/18/2019 PUBLIC WORKS BOERGER LLC Pump Flange Gaskets 1,283.24 12/30/2019 PUBLIC WORKS AMAZON Rechargeable Batteries 75.15 12/13/2019 ADMIN SECRETARY OF STATE Notary Certificate - Marc 120.00 12/24/2019 ADMIN INTERNATION - ICMA 20201CMA Membership Dues 1,020.00 12/6/2019 EDA MAIN STREET SPORTS BAR Lunches for EDA Board meeting 70.85 12/18/2019 EDA ECONOMIC DEVELOPMENT ASSN OF MN Annual dues for Economic Development Association of Minnesota 295.00 12/20/2019 EDA SUBWAY Lunches for Finance Team meeting 69.21 12/31/2019 EDA IEDC ONLINE Annual dues for International Economic Development Council 435.00 12/2/2019 POLICE AMAZON Flammable liquids cabinet 634.00 12/4/2019 POLICE ATLAS BUSINESS SOLUTIONS Scheduling Software 84.00 12/6/2019 POLICE CARIBOU COFFEE CO Coffee and Bagels for training. Partial payment with Gift cards. 37.80 12/10/2019 POLICE AMAZON Desk Calendar 10.14 12/11/2019 POLICE AMAZON Dinnerware for break room 54.97 12/20/2019 POLICE AMAZON Folder labels 74.75 12/20/2019 POLICE AMAZON Sharpies 12.82 12/23/2019 POLICE AMAZON Toilet tissue 51.28 12/31/2019 POLICE AMAZON Kleenex 16.53 12/4/2019 FIRE FIRE SAFETY USA INC Lighted safety cones for trucks and mustang Ice suit 1,392.52 12/5/2019 FIRE STROBES N MORE LED lighting upgrade for Ladder 1 1,465.02 12/11/2019 FIRE DUNHAMS Uniform duty boots for Mike Schumann 89.99 12/16/2019 FIRE SPARTANCHASSIS (APA) Engine 7 air tank 148.16 12/18/2019 FIRE STROBES N MORE LED lighting upgrade Ladder 1 265.92 12/30/2019 FIRE JARVIS CORP Training tower lights 604.95 12/19/2019 IT AMAZON Phone cords 30.24 12/27/2019 IT AMAZON Server Backup Tapes 2,969.80 Total - Purchasing Cards: $ 23,480.17 GRAND TOTAL $ 1,038,682.93 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 1/15/20-1/28/20 Check Date ----------------------------- 01/28/2020 Check 209036 Vendor Name --------------------------------------------------------- CROW RIVER GLASS INC. Description ----------------------------------------------------------------------- INSTALL CUSTOMER PROVIDED WINDSHIELD - PARKS Amount ----------------------------------------- 180.00 Total - Check Disbursements (Register B): $ 180.00 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Public Hearing for Main Street Reconstruction (L1/P20-01) Department: PW/Eng LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 20 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Looking back, City staff administered a neighborhood meeting on May 30, 2019, with property owners adjacent to the proposed project referenced above (see attached meeting notice document). Since then, MnDOT staff has continued project engagement and outreach efforts with very limited feedback/questioning in regards to the City's proposed utility work and improvement special assessments. At this point, an estimated assessment amount (matches criteria communicated in May of 2019) has been provided to adjacent property owners within the recent formal Public Hearing notice mailing. Furthermore, City staff is not aware of any major property owner concerns relative to the City's utility construction and project assessment approach. Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final approval of project plans/specifications and authorize the future advertisement for bids. The scheduled bid opening date is Friday, February 28th (9:30 AM), at MnDOT's Central Office location (St. Paul). BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15144 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 1/PROJECT NO. 20-01 WHEREAS, a resolution of the City Council adopted the 10th day of December 2019, fixed a date for a Council Hearing on the following improvements: T.H. 15 (Main Street) Reconstruction and T.H. 15 ADA & Overlay Improvements: Airport Road South (CSAH 115) to 2nd Avenue North; roadway reconstruction/rehabilitation by construction of removals, milling, grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, sidewalk, trail, landscaping, streetscaping, public arts, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. Such improvement is hereby ordered as proposed in the resolution adopted the 10th day of December 2019. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 28th day of January 2020. Mayor: Gary Forcier City Administrator: Matthew Jaunich RESOLUTION NO. 15145 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 1/PROJECT NO. 20-01 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications forthe following described improvement: T.H. 15 (Main Street) Reconstruction and T.H. 15 ADA & Overlay Improvements: Airport Road South (CSAH 115) to 2nd Avenue North; roadway reconstruction/rehabilitation by construction of removals, milling, grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, sidewalk, trail, landscaping, streetscaping, public arts, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper, the City of Hutchinson Web -Site and in Finance and Commerce, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the Director of Engineering/Public Works until 9:30 am on Friday, February 28th, 2020, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and Director of Engineering/Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, March 24th, 2020 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering/Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 28th day of January 2020. Mayor: Gary Forcier City Administrator: Matt Jaunich C Project Utilities/Assessments Meeting Notice Letting No. 1/Project No. 20-01 TH15/Main Downtown Reconstruction Project Thursday, May 30th ♦ S: 00 PM to 7: 30 PM (no presentation arrive anytime) Hutchinson City Center (111 Hassan St. SE Council Chambers) INTRODUCTION The City of Hutchinson would appreciate the opportunity to review with you (and other private property owners/representatives) the upcoming State Trunk Highway 15/Main Street Downtown Reconstruction project to be administered by the Minnesota Department of Transportation and the City of Hutchinson. At this time, the project is anticipated to start in the spring of 2020 with the goal of it being substantially completed during the fall of that same year. The intent of this meeting is to provide a general project review and discuss the private property sewer/water utility services. There will be some initial information regarding property special assessments associated with this project provided at this meeting. PROPOSED PROJECT IMPROVEMENTS The proposed roadway and utility reconstruction area consists of Highway 15 from 5 h Avenue South to 2nd Avenue North ("downtown"). This project is a direct result of MnDOT and the City working for several years to develop the proposed project and secure necessary funding. The project will consist of a full reconstruction of the roadway surface, complete utility replacements/upgrades, signing/striping, traffic signals, street lighting, sidewalks, streetscaping and restoration. Unfortunately, the work required to accomplish this extensive project will not be completely funded by Mn/DOT and require additional City funding. At this point, the proposed project area has been established, but the details of the anticipated improvements are subject to change depending on MnDOT and City determinations and/or funding limitations. WATER & SANITARY SEWER UTILITY IMPROVEMENTS As eluded to above, this project will include the full replacement of the water distribution and sanitary sewer collection systems within the State Trunk Highway 15 right-of-way (typically building face to building face). Thus, this work will result in the vast majority of adjacent properties having new water and sanitary sewer service pipes installed. Per City Ordinance, property owners are responsible for these referenced utility services from the larger main lines under the roadway to their building or property line. City staff has gathered available information and administered inspections/surveys to determine utility service locations/sizing/issues to the best of our ability. At this point, we again ask property owners to inform us of any unique piping situations and/or the desire to upsize their water service to provide increased flow/pressure. Please note that several properties along the west side of Main Street have their water service connected to the existing smaller water mains within the rear alleys. To be proactive, this project will include the installation of water service stubs to these properties from the new water mains within TH 15. However, these new water services do not need to be connected to during this project (alley water service will be maintained into the immediate future), but the property owner will be assessed for the new water service (potential short-term deferral with interest) and will incur the additional sidewalk removal/replacement/restoration costs in the future to achieve a connection. Furthermore, if water service from the alley becomes unfeasible from the City's standpoint, property owners would potentially be required to connect to the TH 15 water service stubs at that time. If a property owner would like to address their internal plumbing to prepare for changing from alley area water service to being served from the TH 15 main as the project construction proceeds, they should notify City staff to begin the necessary involved coordination process. As noted below, the costs associated with the implementation of these services have been estimated, but are subject to change depending on actual construction costs and City Council approvals. HEARINGS/PROCESS This Neighborhood Meeting is the first step in the process. This meeting will be an informal discussion regarding the project with City staff, to get preliminary information regarding what the project is proposed to include and to receive a very preliminary estimate of what assessments may be. Due to the project being in a fairly early stage, these estimates may be fairly broad. This informal discussion will allow individual questions/comments to be heard and for a general review of the project to occur prior to the first official hearing required by project assessment procedures. Please note that more than one of these City utilites/assessments related meetings may be administered depending on necessity and that MnDOT will be administering overarching community/business project development meetings also. The first official hearing, the Public Hearing, is anticipated to occur at a City Council meeting in August or September of 2019. All properties proposed to be assessed will receive a mailed notice. This meeting will be televised and is the formal presentation of the proposed project to the Council. Public input time is included and welcomed at this meeting. Approval at this hearing does not mean that the project will be constructed as presented. This will be the point at which a formal decision will be made by the City Council as to whether or not staff should continue the assessment process and move on to the next step of completing the plans/specifications documents with the understanding that actual bids for completing the work will be requested. The second official hearing, the Assessment Hearing, would occur at another City Council meeting after receiving the bids (scheduled for November of 2019). Staff would prepare final assessment amounts for each property, and send them out in advance of the meeting. At this hearing, property owners will then be given the opportunity to comment on the merits of both the project and the proposed amount of the assessments. Questions, thoughts and concerns regarding the project or associated assessments would be heard by the City Council, and official action on whether or not to award the City's portion of the project work for construction would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner, to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment (typically the Assessment Hearing date) and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. ASSESSMENTS As described above, this project is considered to be a full reconstruction project, thus a portion of the total cost of these improvements will be assessed to the adjacent private properties. Similar to the TH 7 Reconstruction, TH 15 Roundabout and Adams & Washington Reconstruction projects in the past, this work is being administered primarily by another agency (MnDOT), but a significant portion of the overall cost is being incurred by the City. Thus, improvement special assessments appear to be a justifiable and fair funding alternative to accomplish the proposed work. At this time, City staff estimates that adjacent properties' assessments will include a combination of the following: • General/Streetscaping Assessment 0 $28.00 per lineal foot of frontage (approximate $60/FF rate decreased by $32/FF credit for 2005 streetscaping project) • Water Service Assessment 0 F to 2" diameter - approximate $2,500 per service line 0 4" to 6" diameter - approximate $3,500 per service line • Sanitary Sewer Service Assessment 0 6" diameter — approximate $2,500 per service line SCHEDULE & CONSTRUCTION ITEMS As previously mentioned, construction is anticipated to start in the spring of 2020. The project should be substantially completed within one construction season (weather dependent) with final restoration and landscaping must likely occurring during the following spring. Also, project staff will be contacting specific property owners to request permission (right -of -entry form) to properly install utility services and construct an associated grading match to your lawn/landscaping features. GENERAL INFORMATION Please feel free to contact Keith Messner/City Engineering Specialist at 320-234-4239 or kmessner&ci.hutchinson.mn.us if you have any questions, comments or concerns that you would like addressed. Please note that City Engineering Department staff would be willing to meet at your property to further discuss the proposed improvements. Thank you for your time and consideration! �,J 4-0 cn }, }, (n X N > .� .20 Q 0Co 'U N (6 -0 4-1• — U + ' � � � Co 4-0 U to U p (6 — .— UQ- U) N O —� N U " O 4-0 WE �cn����—'o cn 0O O .Q- UO O � to Q — (� o O � � aE tf N � 'U) 4 �_ p OV ACID vow a��Co�— N U p (6 to U C O N� O O co Q (1) 00 :3 O cn co cn 4- 0 . to N . — (n U N . 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O CL A0A 0 ADA U X (D L- 42 U) (D cu U) O U m u z 2 cu N 0 N w cu O cu O A� E W P!! al- 5cu U) -1--+ U O L- CL C� U) 0) cu 06 O 0) O O O O O O O 00 00 LO (D Cl) O S N 00 N 00 M O U � ' o co O N O LO LO O (D LO O 00 00 N it O It co 0 I M 0) It LO N CO 0 00 O � � L C N N 0 1 1 00 O O O 0 LO 0 � N 0 00 O (D O O O It � � LO 0 00 O It 0 O (0 O C6 L L N LO LO O T- o N (D U C U) C LL 0 cu 0) O cu U) 42 C (D U) cu (D U) n N N N L O 70 L L 42 U) c cu L c (D U) cu s 0 0 0 0 LO LO 0 U 0 co O N c Li 0 0 LE O O O O 0 N ti O0 Lo (D M 0 0 0 Lo F- N 0 LO O- r, N M N N I, 00 0 COS co O O0 (D O M Lo (D 0 M N N I 00 O O O N it0 O � O O N 0 O � O O 00 O N CO 0 0 0 O O O N (D U C U) LL cu L N C N N L 4-1 (D L 42 U) C cu L m U) cu N 0 m 0 HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Consideration of Ordinance No. 20-810 - Repealing Chapters 111 and 123 Department: Administration/Legal LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: At the December 10, 2019, City Council meeting, the Council adopted Ordinance No. 19-809 regulating transient merchants/peddlers and food vendors. This new ordinance combined Chapters 111 and 123 to make a new Chapter 111. Because of this, the old versions of Chapters 111 and 123 should be repealed so the new Chapter 111 is the only version in the City's code of ordinances. The first reading of Ordinance No. 20-810 was held at the January 14, 2020, City Council meeting. No changes have been made to the ordinance since that meeting. BOARD ACTION REQUESTED: Approve second reading and adoption of Ordinance No. 20-810, repealing Chapters 111 and 123 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance Number 20-810 Publication Number An Ordinance of the City of Hutchinson, Minnesota Repealing Chapter 111 and Chapter 123 of the Hutchinson City Code The City Council of the City of Hutchinson does hereby ordain: Section 1. Chapter 123 and Chapter 111 as Chapter 111 existed prior to December 10, 2019, of the Hutchinson City Code are hereby repealed having been replaced by Ordinance No. 19-809 as approved by the City Council on December 10, 2019. Section 2. This ordinance shall take effect upon its adoption and publication. Adopted by the City Council this day of , 2020. Gary T. Forcier Mayor ATTEST: Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve/Deny Awarding Bid for the Rec Center Reroof and Facade Project Department: PRCE LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Mary Haugen/Matt Jaunich Agenda Item Type: Presenter: Mary Haugen/Doff Moon Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Back in November the City Council authorized the rebidding of the Rec Center Reroof and Facade Project that received no bids when it was originally bid out back in May of 2019. Bids went out in December and they were opened on January 16. The City received 6 bids ranging from $879,000 to $1,350,000 on the base bid. There were several other bid alternates included and those are highlighted within the bid tabulation sheet. ISG has reviewed the bids and confirmed that the low bidder is APX Construction Group out of Mankato (see attached letter). The City's Facility Committee has also reviewed the bids and the bid alternates and is recommending that the City Council accept the bid from APX Construction Group with the bid alternate #1, which would add $16,500 to the project costs for a total cost of $895,500. Bid alternate #1 will simply change the exterior wall finish. The studs, sheathing and weather barrier are installed the same in both cases but instead of installing EIFS over that, which is usually done with adhesive (base bid), the contractor will install the metal panels directly to the sheathing with mechanical fasteners (screws). The bid alternates can be found on page Al-01 of the plan set (also attached). The November estimate (and what was included in the 2020 CIP Budget) for this project was $1,030,000. The apparent low bidder with bid alternate #1 is $134,500 cheaper the estimated project cost. Please note that we are planning on replacing all of the lighting within the rec center with LED lighting as well at an estimated cost of $21,590, which will be done separately from this project. With the large discrepancies in prices for bid alternates #3 and #4, staff asked for a clarification on what may have been going on. ISG has provided an additional letter on this item. Please note that this was taken into consideration by the Facilities Committee and the recommendation they are bringing forth to the City Council. Staff is recommending that the Council accept the low bid from APX Construction Group with Bid alternate #1 for a total cost of $895,000. A representative from ISG will be in attendance at the meeting on Tuesday to answer any questions the Council may have. BOARD ACTION REQUESTED: Approve/Deny Awarding the Bid for the Rec Center Reroof and Facade Project to APX Construction Group with Bid Alternate #1. Fiscal Impact: $ 895,500.00 Funding Source: Facilities fund FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 895,500.00 Total City Cost: $ 895,500.00 Funding Source: Facilities Fund Remaining Cost: $ 0.00 Funding Source: ■ a) E a� 0 a E a� u c.� (a U- a= ro 0 0 a� L oX ao U o z oM OzL (aLr) Q u z m 0 0 Em 0 � � 4 4 CD 2 2 amm g 1 g I 1$ I 1 g I g I 1 g I 1 I N i I 1 I i I 1-4 I i I 1 I i I 1 I i I 1 I i I 1 I I I I I I I I I I I I I I i I I i I I i I I i I I i I I i I 1 1 ®® 1 112� 1 k 1 �I I I I�I�I�II I I p I I I I I I I I �i I� i�iNIHIWI fi— is i i i i i i -- II i I i I I i I III i I i I i I i i i i i i 8 I I$ w I$ 00 18 00 18 00 I I I I I I I I s I I l� I I l I I oioi$ioi$I$i- I I I I I I g I I I I I I I I I I I I I I I I I I I I I I I I x l x I I I I I I i l x I I I I I I i l x I I I I I I l x I I I I I I l x I I I I I I l I I I I I I x x I I I I I x I I I I I x I I I I x I I I I x I I I I I I I I x 1 x I I i 1 x I I i 1 x I I i 1 x I I i 1 x I I i 1 I I i x 1 x I i 1 x I x I x I x I I �I �I�II�I�I�I I�IgIIgl I I I I I C I I I I I I I I I I I I I I I I I I I 2 Z Z LLI IX I.. t,- z z cc - LLI LLI How LLI LLI.- LLI 1.. 0 LLI 0 0 Z z ot I.. 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H i p H H HI 1 man 2 0 U 1 1 NAN; _U 2 y ON E Ma to 1 1 a TE 11 Hf T 1 To 8 mill., H MH 1 HE 1 W-1 a PRO t.to - o In I I 22 99 on a 1 j! z .0 0 Evil 11 Hi HN! 1 a I of oil WON t "; on a it ! .5 Too t 2 %ol ORlogo i 1 111 1, a to a Sul a go S. 0.0 ST H 11 101 im . 1 11 Memo JANUARY, 22, 2020 Matt Jaunich City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN. 55350 RE: DESIGN CONCIDERATIONS FOR THE HUTCHINSON RECREATION CENTER M att, I wanted to follow up on conversations that I was hearing from bidders and subcontractors during the bidding process and why we did not see some of the bidders provide pricing for on Alternates #3 and #4 on bid day. There was conversation with a couple GC's that stated their masonry subcontractors were not comfortable after visiting the site and reviewing the existing CMU wall condition bidding this portion. They felt that the CMU would not be able to stand up to the work of the tuck -pointing before repainting the walls. The CMU wall is not a structural in nature or holding anything up so there is no fear of any long term issues or the walls coming done either way. During the design process ISG felt as well that the condition of the CMU walls were deteriorating so we discussed the idea of power washing the existing dirt off the walls to clean them up and add a vapor / moisture barrier to preserve the current condition and use it as a backdrop for the new rain screen of the brick veneer panels being applied to the face. If you have any questions, please contact our office at 952.426.0699 Sincerely, it'.4— V/7- Joe Wagner, CDT Project Manager + Construction Administrator Joe.Wagner@ISGlnc.com Architecture + Engineering+ Environmental + Planning ISGlnc.com Letter of Recommendation JANUARY, 22, 2020 Matt Jaunich City Administrator City of Hutchinson 111 Hassan Street SE Hutchinson, MN. 55350 RE: BID RECOMMENDATION LETTER FOR THE HUTCHINSON RECREATION CENTER M att, On January 16, 2020, bids were received, opened and read aloud for the Hutchinson Recreation Reroof and Fapade Improvements. A total of six general contractor bids were received ranging from $879,000.00 to $1,350,000.00 The apparent low bidder is APX Construction Group of Mankato, MN, with a bid price of $879,000.00. We have confirmed that APX Construction Group's bid is complete and thorough. Therefore, we recommend approval of APX Construction Group's bid. We have had conversations with Mary Haugen and the Building Committee would like to move forward with the project accepting the base bid of $879,000.00 and adding Alternate #01 at a cost of $16,500.00. 1 have spoken with the contractor, and they are prepared to accept the contract for the bid amount totaling $895,500.00. We are ready to prepare the contracts upon receipt of the approval from the City. If you have any questions, please contact our office at 952.426.0699 Sincerely, jt-�- tA/7,-- Joe Wagner, CDT Project Manager + Construction Administrator Joe.Wagner@ISGlnc.com Architecture + Engineering+ Environmental + Planning ISGlnc.com HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approve/Deny Authorizing Advertisement For Bids For Replacement of Compos6 Department: Compost LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Andy Kosek Agenda Item Type: Presenter: Andy Kosek Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As has been discussed in recent budget discussions/workshops/meetings, Creekside staff is intending to replace one of its compost screeners during the 2020 budget year. The replacement of this screener in 2020 has been scheduled in the CIP for the last several years and has been approved of by the Fleet Committee. At this time, there may be multiple machines that can satisfy the needs of the operation (cut sheets attached), there is not any cooperative purchasing contracts available to take advantage of with this piece of equipment, thus the need to go out for bid. Staff has budgeted $350,000 for the purchase of the machine in 2020. With cash reserves relatively healthy within the Compost Fund, it is staffs intentions to purchase the machine with cash on hand versus financing the purchase. Staff is requesting Council's approval to request bids from various dealers/manufacturers based on machine specifications (bid specs). Items to be included in the bid spec may include, but are not limited to - *Machine weight/size *Engine/Horsepower (range) *Screening drum size (sq ft of open screening area) *Conveyor(s) width, length and stacking heights *Chassis/trailer requirements *Safety devices/on-site training *Warranties *Service location(s) *A multitude of various subsystem requirements *Trade value of current machine, 2000 AEI Bivi-Tech deck screener, S/N: 1915 A formal Request for Bid document will be made available to machine vendors, as well as publicly advertised. A request for approval to purchase will come before Council after bids are received, and have been reviewed by staff. Thank you for your consideration. BOARD ACTION REQUESTED: Approve/Deny request to advertise for bids for compost screener replacement Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Current machine and machine to be replaced- 2000 AEI Bivi Tech deck screener; S/N 1915 New Machines being sought - McCloskey 628 Trommel Screener Vermeer 626 Trommel Screener HIGH PERFORMANCE TROMMEL The McCloskey 628 Trommel Screener is suited for large heavy-duty applications where production rates can reach 200+ TPH in topsoil and sticky material or 300+ TPH in sand and gravel. With a 6' diameter screen, the 628 Trommel generates a powerful screening action while the 28' long drum ensures loger time on the screen and the highest quality end product. McCloskey International is the world's leading trommel manufacturer in pioneering trommel design and innovation. All McCloskey trommels undergo extensive field testing and are continuously improved through customer feedback. Available as a wheeled mobile unit or hydraulic raise/lower track bogie system and McCloskey provides numerous custom drum and feeder options that are offered to meet each customer's unique requirements. I N T E R N A T 1 0 N A L OVERSIZE CONVEYOR r Heavy duty oversize 36" conveyor at the end of the trommel offers adjustable speed and stockpile height. �- TEDD PANEL UNIVERSAL DISPLAY The control panel provides an intuitive, icon -based user interface, which allows all functions to be controlled and monitored. CHASSIS Designed complete with tandem or tri-axle running gear and mounts a larger 320 US gallon diesel fuel tank. LARGE DRUM 6 feet in diameter and 28 feet long, with numerous drum and screen options available. ADJUSTABLE BRUSHES User-friendly ground level adjustable brushes for minimal downtime and maximum efficiency. Engine Transport Height Transport Length Transport Width Weight Radial Stockpile Height Oversize Stockpile Height Drum RADIAL FINES CONVEYOR Features a remote controlled radial conveyor with 1600 swing and variable discharge height for maximum stockpiling flexibility. 174 hp (130 kW) Diesel 13' 6" (4.11 m) 65' 3" (19.88m) 8' 6" (2.59m) 59,750 Ib (27,100kg) 16' 10" (5.13m) 11' 51/2" (3.08m) 6'x28' (1.83mx8.53m) QUICK CHANGE SCREENS. Quicker and simpler screen changes can help improve jobsite efficiency, a particularly important feature when processing a range of materials that requires frequent screen changes. CONVENIENT LOADING. Large, low -feed hoppers are easy to load without the need for loading ramps. ©& ® :- VERMEER.COM HIGH PRODUCTION. The tensioned screens around the drum add rigidity, allowing use of smaller -gauge wire — which helps increase production capacity and enable processing of wetter material. t. - ADVANCE CONTROLS. Operators can control the machine through either the Vermeer DP10 display mounted on the control panel, or through a handheld transceiver remote. W ' i STAINLESS STEEL SCREEN OPTION. Stainless steel screens offer increased durability and help reduce the amount of screen blinding when working with wet or corrosive materials. RADIAL STACKING CONVEYOR. Simple stacking conveyor with 180' arc increases the amount of material being stacked on the ground. Adjustable stacking height aids with dust control and helps avoid material being blown away. Vermeer IV EQUIPPED TO DO MORE: TR626 TROMMEL SCREEN GENERAL DIMENSIONS Max transport length: 54.5' (16.6 m) Max transport width: 113" (287 cm) Max transport height:13.4' (4.1 m) Max operational length: 84.4' (25.7 m) Max operational width:113" (287 cm) Max operational height:15.9' (4.8 m) Weight: 49,700 lb (22,543.5 kg) Capacity: Approximately 200 cu yd (152.9 m3) per hr with .5" (12.7 mm) screens installed and material with moisture less than 40% ENGINE Make and model: John Deere PowerTech PVX 4.5L, Tier 4F Engine rating:134 hp (100 kW) @ 2400 rpm, 364 ft-lb (481.3 Nm) of torque @ 1500 rpm Fuel tank capacity:100 gal (378.5 L) HOPPER AND APRON CONVEYOR Hopper capacity: 5 cu yd (3.8 m3) Hopper height: 9.5' (2.9 m) from ground level at operating incline Apron conveyor rollers: 4" (10.2 cm) diameter, 14 qty SCREEN DRUM Drum diameter: 6' (1.8 m) Max screen panels: 8 NOTES: FINES CONVEYOR Conveyor belt width: 36" (91.4 cm) Conveyor belt stacking height:16.6' (5.1 m) with drum at 40 OVERS CONVEYOR Max variable overs belt speed: 290 fpm (88.4 m/min) Conveyor belt size: 48" (121.9 cm) wide with raised crescent Conveyor belt stacking height: 3' x 10' (.9 m x 3 m) STACKING CONVEYOR Conveyor belt width: 30" (76.2 cm) Conveyor belt stacking height:16.6' (5. m)/5.5' (1.7 m) min with drum at 5° Rotation:1800 Fines belt speed: 640 fpm (195.1 m/min) OPTIONS Vermeer Confidence Plus® asset protection program IV HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Approval of TH15/Main Street Project Cooperative Agreement & Schedule "I" Department: PW/Eng LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As reviewed at the City Council's January 14th meeting, City staff has been working with MnDOT and project consultant representatives to develop the Cooperative Construction Agreement and Preliminary Schedule "I" cost -participation document associated with the upcoming TH 15/Main Street Reconstruction project. At the time of the Council packet preparation deadline, City staff continues to receive question, clarification and information request responses from MnDOT staff. Looking forward, we hope that everything can be addressed from the City's standpoint and that revised documents can be delivered for the Council's consideration prior to the upcoming meeting. BOARD ACTION REQUESTED: Approval of Cooperative Construction Agreement, Preliminary Schedule "I" and Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 15146 RESOLUTION ENTERING INTO MnDOT AGREEMENT NO. 1034522 WITH THE STATE OF MINNESOTA DEPARTMENT OF TRANSPORATION S.P. 4304-53 & S.P. 4304-96 TH15 DOWNTOWN RECONSTRUCTION IT IS RESOLVED that the City of Hutchinson enter into MnDOT Agreement No. 1034522 with the State of Minnesota Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the water main, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, and parking lanes construction and the City has requested the State include in its S.P. 4304-96 Project water main adjustments and sidewalk construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 15 from 5th Avenue South to 2nd Avenue North according to the State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-53 and on Trunk Highway No. 15 from 490' north of County Road 115 to 100' south of 5th Avenue South within the corporate City limits under State Project No. 4304-53 and S.P. 4304-96 (15=151). IT IS FURTHER RESOLVED, that the Mayor and the City Administrator are authorized to execute the Agreement and any amendments to the Agreement. Adopted by the Hutchinson City Council this 28th day of January, 2020. City Administrator: Matthew Jaunich Mayor, Gary Forcier CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hutchinson at an authorized meeting held on the 28th day of January, 2020, as shown by the minutes of the meeting in my possession. City Administrator: Matthew Jaunich Subscribed and sworn to by me this 28th day of January, 2020. Notary Public: My Commission Expires: M1DEPARTMENT OF District 2505 Transportation Road TRANSPORTATION Willmar, MN56201 320-231-5195 Date: January 27, 2020 MattJaunich City Administrator 111 Hassan Street SE Hutchinson, Minnesota 55350 RE: Proposed Const. Agreement No.1034522 City of Hutchinson S.P. 4304-53 (T.H.15 =151) Reconstruction and ultrathin bonded wearing course on T.H.15 Dear Mr. Jaunich: Transmitted herewith in triplicate is a proposed agreement with the City of Hutchinson. This agreement provides for the Cities cost participation and maintenance responsibilities on T.H.15 from 490 feet north of County Road No.115 to 2 Avenue North. Kindly present this agreement to the City Council for their approval and execution, which includes original signatures of the City Council authorized City officers, on the three copies of the agreement. Also required are three original copies of a resolution passed by the City Council authorizing its officers to sign the agreement in its behalf. A suggested form of such resolution is enclosed. A fourth copy of the agreement is provided for your use until you receive a "fully executed" copy. Please return the three original signed copies of the agreement and resolution, once they have been executed by the City. A copy will be returned to the City when fully executed. Sincerely, 4e;94,L�� Ronald Mortensen Cooperative Agreement Engineer Enc. Proposed Agreement (4) Resolution (4) cc: Malaki Ruranika — M.S. 682 File State Project Number (S.P.): State Project Number (S.P.): Trunk Highway Number (T.H.): Federal Project Number: Lighting System Feed Point No.: Signal System "A" ID: Signal System "B" ID: Signal System "C" ID: Signal System "D" ID: Signal System "E" ID: MnDOT Contract No.: 1034522 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION and CITY OF HUTCHINSON COOPERATIVE CONSTRUCTION AGREEMENT 4304-53 4304-96 15=151 NHPP STPF 0015 309 "A" "B" and"S" 3779750 3779751 3779752 1736224 1736223 Estimated Amount Receivable $2,734,826.14 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Hutchinson acting through its City Council ("City"). Recitals The State will perform grading, concrete and bituminous surfacing, ADA improvements, signals, lighting construction and other associated construction upon, along, and adjacent to Trunk Highway No. 15 from Stn Avenue South to 2nd Avenue North according to State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-53 (T.H. 15=151) and the State will perform concrete and bituminous milling, ultrathin bonded wearing course, ADA improvements, and revise signal systems construction and other associated construction upon, along, and adjacent to Trunk Highway No. 15 from 490 feet north of County Road No. 115 to 100 feet south of 5th Avenue South according to State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-96 (T.H. 15=151) ("Project"); and 2. The City has requested the State include water main, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, and parking lanes construction in its S.P. 4304-53 Project. The City has requested the State include water main adjustments and sidewalk construction in its S.P. 4304-96 Project; and 3. The City requests that it perform certain aspects of the construction engineering in connection with the water main and sanitary sewer construction under the State's S.P. 4304-53 Project and the State concurs in that request; and 4. The City will participate in the costs of the said State's S.P. 4304-53 Project and S.P. 4304-96 Project construction items and associated State performed construction engineering; and 5. Master Partnership Agreement No. 1028334 between the State and the City addresses payment for roadway snow removal for parking lanes; and -I- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 Agreement No. 1034485 between the State and McLeod County will address the detour needed for the State's S.P. 4304-53 Project; and 7. Agreement No. 78747 between the State and City for signal systems located in the construction limits for Project No. 4304-96 will remain in full force and effect; and 8. Minnesota Statutes § 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 9. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. S.P. 4304-53 Maintenance by the City; 4. S.P. 4304-96 Maintenance by the City; 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices; 14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in Article 5. S.P. 4304-53 Signal System "A", "B", "C", and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 4304-53 and State Project No. 4304-96 are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). 1.5. Exhibits. Preliminary Schedule "I" is on file in the office of the City Administrator and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise forbids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and except as provided below, perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Construction Engineering and Inspection by the City. The City will assign its City Engineer or other registered professional engineer to perform construction engineering in connection with the water main and sanitary sewer construction for S.P. 4304-53. The engineer so assigned will act under the -2- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 supervision and direction of the State and be responsible for construction inspection, control of materials, staking and associated documentation for said construction. The construction will be performed according to the Project Plans and recognized and accepted practices and procedures as set forth in various State manuals, including Specifications No. 1601 through and including No. 1609 in the State's current "Standard Specifications for Construction". The City will furnish other personnel, services, supplies, and equipment needed to properly carry on the construction. Documentation of Construction Costs. At regular intervals after the State's contractor has started the water main and sanitary sewer construction, the City will prepare partial estimates of the construction costs according to the terms of the construction contract and immediately submit the partial estimates to the State. The City will also prepare the final estimate data for said construction and submit the final estimate to the State. Quantities listed on the partial and final estimates will be documented according to guidelines in the applicable documentation manual. ii. Final Inspection of Construction. Upon completion of the water main and sanitary sewer construction, the City will advise the State whether or not said construction should be accepted by the State as being performed in a satisfactory manner. If the City recommends that the State not accept the construction, then the City will, as part of their recommendation, identify the specific defects in the construction and the reasons why it should not be accepted. Any recommendations made by the City are not binding on the State. The State will determine, after considering the City's recommendations, whether or not the construction has been properly performed and whether to accept or reject it. iii. Inspection of Other City Participation Construction. The remainder of the City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda and change orders to the construction contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract. The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. -3- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 2.5. Permits. A. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right -of -Way. Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right -of -Way" (Form 2525). B. The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. C. Limited Use Permit No. 4304-0006. The City will obtain, through the District's Right -of -Way Area Manager, a Limited Use Permit to cover the City's liability responsibilities of the clock tower to be constructed upon the State Trunk Highway Right -of -Way. 2.6. Replacement of Castings. Adjustments to certain City -owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City -owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. S.P. 4304-53 Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. 3.2. Municipal Utilities. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 3.3. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.4. Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance -4- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates, and painting of poles and other equipment. The City will be responsible for the hook up cost and application to secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 3.5. Parking Lane Maintenance. Maintenance of parking lane striping and signage within City limits. Maintenance includes any activities necessary to perpetuate the striping and signs in a safe, useable, and aesthetically acceptable condition up to and including replacement. The City will be responsible for snow removal and Master Contract No.1028334 will further describe reimbursement for snow removal. 3.6. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 4. S.P. 4304-96 Maintenance by the City 4.1. Sidewalks. Maintenance of any sidewalk construction and median crossings, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. The City will not be required to maintain the median crossing at T.H. 15 at Echo Drive Southeast/Brown Street Southwest crossing. 4.2. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. S. S.P. 4304-53 Signal System "A", "B", "C", and EVP Systems Operation and Maintenance Operation and maintenance responsibilities will be as follows for the said Signal Systems and EVP Systems on T.H. 15 at 2"d Avenue South (Signal System "A"), on T.H. 15 at Washington Avenue (Signal System "B"), on T.H. 15 at 15t Avenue North (Signal System "C"), and for the Interconnect on T.H. 15 from 2"d Avenue South to 1' Avenue North. 5.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. I. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. III. Clean the Signal System controller cabinet and service cabinet exteriors. -5- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 iv. Clean and paint the Signal Systems including the luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 2565.3X, unless approved by the State's District Traffic Engineer. v. Paint and maintain the cross street pedestrian crosswalk markings. vi. Reimburse the State for the costs associated with battery replacement for the battery back-up system which includes battery purchase, installation, and disposal. 5.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. B. Battery Backup Replacement Batteries. Perform all tasks associated with battery replacement for the battery back-up system which includes battery purchase, installation, and disposal and invoice the City 100% of the costs associated with this work. The State will maintain the remainder of the battery back-up system at its cost and expense. C. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 5.3. Right -of Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 5.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 69321, dated June 5, 1992, between the parties for the signal systems at T.H. 15 and Second Avenue Southeast (Signal System "A"), Washington Avenue East (Signal System "B"), and First Avenue Northeast (Signal System "C"). 6. Basis of City Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items, State Furnished Materials lump sum amounts, and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. IA Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 6.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for Contract Management, Mobilization, Combination Field Laboratory -Office, and Traffic Control. A. 100 Percent will be the City's rate of cost participation in all of the water main, sanitary sewer, aesthetic lighting, aesthetic features, and ADA improvements construction under S.P. 4304-53. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 through No. 4 of the Preliminary Schedule "I". B. 50 Percent will be the City's rate of cost participation in all of the Signal System "A", "B", and "C" construction under S.P. 4304-53. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 4 of the Preliminary Schedule "I". C. 10 Percent will be the City's rate of cost participation in all of the parking lane construction under S.P. 4304-53. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 5 of the Preliminary Schedule "I". D. 100 Percent will be the City's rate of cost participation in all of the utility adjustments and sidewalk construction under S.P. 4304-96. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 5 of the Preliminary Schedule "I". 6.3. Lighting Aesthetic Credit. The City will be upgrading their lighting system to include aesthetic features. The State will credit the City for aesthetic lighting up to the capped allowable amount of $124,200.00 as shown in the Preliminary Schedule "I". 6.4. 4" Colored Sidewalk Special Aesthetic Credit. The City will be responsible for the cost of 4" concrete sidewalk special under S.P. 4304-53. The State has an aesthetic budget of $160,000.00 (which $124,200.00 is allocated for the aesthetic lighting), which is capped, available to the City. The State will credit the City for 4" colored sidewalk special based on a lump sum on bid amount up to the capped allowable amount as shown on the Preliminary Schedule "I". 6.5. State Furnished Materials. The State will furnish a "R" Cabinet ("State Furnished Materials") for each of the signal systems under S.P. 4304-53, according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The City's lump sum share for State Furnished Materials is $44,293.05. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I". 6.6. Construction Engineering Costs. The City will pay a construction engineering charge equal to 3 percent for the water main and sanitary sewer construction covered under Article 6.2.A. The City will pay a construction engineering charge equal to 8 percent of the remainder of the City participation construction covered under this Agreement including, but not limited to, non -utility work items, parking lane construction, 4" colored sidewalk special under S.P. 4304-53 and all City participation construction under S.P. 4304-96. 6.7. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. -7- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 6.8. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 7. City Cost and Payment by the City 7.1. City Cost. $2,734.826.14 is the City's estimated share of the costs of the contract construction, State Furnished Materials and the construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. 7.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 7.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415, 8. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 8.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us -8- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 8.2. The City's Authorized Representative will be: Name, Title: Matt Jaunich, City Administrator (or successor) Address: 111 Hassan Street SE, Hutchinson, MN 55350 Telephone: (320) 234-4212 E-Mail: mjaunich@ci.hutchinson.mn.us 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. No party may assign or transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 9.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. 10. Liability; Worker Compensation Claims 10.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 13. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. -9- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 14. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination; Suspension 15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 15.2. Termination for Insufficient Funding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 16. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -10- Receivable Standard CE by Both Parties (Cooperative Agreements) CITY OF HUTCHINSON The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By: (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISIONER OF ADMINISTRATION By: (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. 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O Z a U rs:UEnAf�QQZ� < ¢o w3w OOwA��H�''H E U v a UO a' Q i try wWQAQQ'vEwU Aq��w o 0 O O O o�2 0 0 WW V1 \�o tn h �1 �o O_ •--� •--� �C --� O O o •--� N N- N [� N N N N N N N N N 0000000 0 0000'Co= n - 0 oeroerIooro� 0 0 OO 0 t- M N N O O O �0 — -- N O M t- W O 00 (, (V bs 000'oOotn W 0000v,ot� U 0't N 00"l, 0 N QV E-I O F 0 0000f000 0 0 0 0 0 0 F C M O O 110 �o Olen M 'o 00 O\ N� I \o O O IC t - OO a I t< 0 I H 00 N gyp" b N xx�o¢ao UUUU W(RP.� N h A Q � U l o O O 14 � O H WZ U w o � �z w n�. zqa cw �pOgfxv W" d oa ��a�3za r O O t` O N O �T o OO O 000.-�ooO 00 FBI ^+ ^+ — N M M M Z N N N N N N N N N to M O 00 0 00 O jo F ^N. b enN O !r O N 00 O O 0 N M b U 00 en GS �. . sg W O N U ri O a 4T Q� I I I I J I O O H b b h h ti ti a W I U O� F W o0 � o � b en Q O Q' 4 O � W * 6� w rZ 0 0 d ti � N w 00 00 z � , �O1o6 o , F I t1i W O q —F, N N N 0000 J b" O, ON 0\ W Iq IIR ll� 00 00 00 t t t H N N N O O O CD O d a 0 MM F N N �L I oa I wv Q � U o 0 I r/s W� w h v W d * t 4c O W � as as w u uu ~ Q m u w w w FGn Gn m � Cz7 Cz7 Cz7 * V] w Gn W H z A CITY OF HUTCHINSON RESOLUTION IT IS RESOLVED that the City of Hutchinson enter into MnDOT Agreement No. 1034522 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the water main, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, parking lanes, and sidewalk construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. 15 from 5th Avenue South to 2nd Avenue North within the corporate City limits under No. 4304-53 (15=151) and on Trunk Highway No. 15 from 490 feet north of County Road No. 115 to 100 feet south of 5th Avenue South under S.P. 4304-96 (15=151). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hutchinson Board of Commissioner at an authorized meeting held on the day of . 2020, as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of .2020 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) Kent Exner From: Kent Exner Sent: Tuesday, January 28, 2020 8:55 AM To: Kent Exner Subject: FW: SP 4304-53 TH 15 - City Agreement From: Karnowski, Susann (DOT) <susann.karnowski@state.mn.us> Sent: Monday, January 27, 2020 6:13 PM To: Kent Exner <kexner@ci.hutchinson.mn.us>; Brunkhorst, Kelly (DOT) <kelly.brunkhorst@state.mn.us> Cc: Kalthoff, Lance (DOT) <lance.kalthoff@state.mn.us> Subject: RE: SP 4304-53 TH 15 - City Agreement EXTERNAL EMAIL ALERT: This message originated from outside the City of Hutchinson email system. Unless you recognize the sender and know the content, DO NOT click links or open attachments. Kent, I followed up with my staff and they did some more checking on the engineers estimate for the project and if there is any way we could provide the information. There is a state statute that designates engineers estimates for construction projects as non-public data. It is Statute 13.72 Subd 1 and is listed below. Because of that designation, there actually are very few people even within MnDOT that have access to the engineers estimate (and even fewer are able to see bid abstracts after the project is let but before its awarded). 13.72 TRANSPORTATION DEPARTMENT DATA. § Subdivision 1.Estimates for construction projects. An estimate of the cost of a construction project of the Minnesota Department of Transportation prepared by department employees is nonpublic data and is not available to the public from the time of final design until the project is awarded. Kent Exner From: Kalthoff, Lance (DOT) <lance.kalthoff@state.mn.us> Sent: Monday, January 27, 2020 3:12 PM To: Kent Exner Cc: East, Gene (DOT); Pederson, Nathan A (DOT); Mortensen, Ronald (DOT) Subject: SP 4304-53 TH 15 - City Agreement Attachments: CD142417_City_sidestreet_responsibilities_REFERENCE_ONLY.PDF; MNDOT_DOCS-# 6546019-v1-MNDOT_DOCS-#2983572-v1-1034522_P_CITY_OF_HUTCHINS.... xlsx; SP 4304-53 PROPOSAL & PLAN - AS ADVERTISED -TITLE SHEET.PDF Follow Up Flag: Flag Status: Flag for follow up Flagged EXTERNAL EMAIL ALERT: This message originated from outside the City of Hutchinson email system. Unless you recognize the sender and know the content, DO NOT click links or open attachments. II Hello Kent, From conversations with Valerie Svensson (Project Delivery Office), and Nancy Sannes (Engineer Cost Data and Estimating Office), it is MnDOT's standard practice to not share the engineer's estimate for any project before letting with anyone outside of the agency. As part of that, we are also unable to share the estimated total project cost. For your questions on the side streets, I have attached an exhibit created by SEH to show the line of responsibility. Each pro rata based item in the Schedule I is based on: 1. Overall Project Cost a. Contact Management b. Mobilization c. Traffic Control 2. City's Responsibilities (100%) a. Temporary Water Service b. Relocate Miscellaneous Structures 3. Cost split based on unique circumstances a. Lighting System b. Dewatering The project's proposal can be found on the MnDOT's letting site: https://qap.questcdn.com/gapiprolects/pri browselipp browse erid.html?proiType=all&.provider=6620105&group=66 20105. If you have any difficulties, please you can also use: http://www.dot.state.mn.us/bidlet/eplan-room.html. I have attached a PDF of the proposal title sheet. Thank you, Lance MINNESOTA DEPARTMENT OF TRANSPORTATION 395 JOHN IRELAND BOULEVARD MS 650 ST. PAUL, MINNESOTA 55155-1800 ******************* P R O P O S A L FOR HIGHWAY CONSTRUCTION AND MAINTENANCE PROJECTS WITH BIDS RECEIVED UNTIL 9:30 O'CLOCK A.M. ON FEBRUARY 28, 2020 Proposal of _ (NAME OF FIRM) (ADDRESS) (AREA CODE -TELEPHONE NUMBER) TO FURNISH AND DELIVER ALL MATERIALS AND TO PERFORM ALL WORK IN ACCORDANCE WITH THE CONTRACT, THE PLANS AND THE APPROVED DEPARTMENT OF TRANSPORTATION STANDARD SPECIFICATIONS FOR CONSTRUCTION, 2018 EDITION" (USING ENGLISH UNITS), ON FILE IN THE OFFICE OF THE COMMISSIONER OF TRANSPORTATION EXCEPT AS STATED OTHERWISE IN THE SPECIAL PROVISIONS, WHICH ARE PART OF THIS PROPOSAL, FOR: PRIME SP: 4304-53 CONTRACT ID: 200008 STATE PROJECT NO.: 4304-53 (TH 15=151) 4304-96 (TH 15=151) FHWA PROJECT NO.: NHPP-STPF 0015(309) LOCATION: In McLeod County on TH 15 from 100' South of 5th Avenue South to 2nd Avenue North In McLeod County on TH 15 from 490' North of Co Rd 115 to 100' South of 5th Avenue South TYPE OF WORK: Grading, Concrete and Bituminous Surfacing, ADA Improvements, Signals, and Lighting Concrete and Bituminous Milling and Surfacing, Ultrathin Bonded Wearing Course, ADA Improvements and Revise Signal LENGTH: 2.255 Miles STARTING DATE: COMPLETION DATE: April 13, 2020 October 30, 2020 NOTICE TO BIDDERS: ALL BIDS MUST BE SUBMITTED ELECTRONICALLY. I certify that this Proposal was prepared by me or under my direct supervision, and that I am a duly Licensed Professional Engineer under the laws of the State of Minnesota. Y Nancy . anzlik, Special Provisions Engineer JMS Lic. No.: 26134 Date: January 8. 2020 BID RIGGING IS A SERIOUS CRIME. IF YOU HAVE ANY INFORMATION CONCERNING COLLUSIVE BIDDING, EVEN A REQUEST TO SUBMIT A COMPLIMENTARY BID, PLEASE CALL THE MINNESOTA ATTORNEY GENERAL'S OFFICE AT TELEPHONE NO.651-296-1796 To request this document in an alternative format, please contact the Affirmative Action Office at 651-366-4718 or 1-800-657-3774 (Greater Minnesota); 711 or 1-800-627-3529 (Minnesota Relay). You may also send an e-mail to ADArequest.dot cQstate.mn.us. (Please request at least one week in advance.) 200008 SP 4304-53 ( Quest Project #6684372) Project Category: Project Name: County/City/State: Construction 200008 SP 4304-53 McLeod, N/A MN Location / Site Directions: In McLeod County on TH 15 from 100' South of 5th Avenue South to 2nd Avenue North Bids Close: 28-FEB-2020 09:30:00 AM CST Bids Received By: All bids must be submitted electronically through Bid Express Owner Project Number: 200008 SP 4304-53 Project Description: Grading, Concrete and Bituminous Surfacing, ADA Improvements, Signals, and Lighting Additional Description: DBE Goal is 11.6 Owner: Minnesota DOT - Construction contact: e-mail: Soliciting Agent: Project Contact Minnesota DOT - Construction 395 John Ireland Blvd St. Paul ,MN 55155-1899 ph: 320-234-8474 contact: Sharma Kent e-mail: Shanna.Kent@state.mn.us Project Documents: Proposals may be viewed, without charge, on the MnDOT Bid Letting website http://www.dot.state.mn.usibidlet/, then click on Visit the E-Plan Room. 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Unless you recognize the sender and know the content, DO NOT click links or open attachments. Kent Agreement We are working on getting the exemption for the Echo Dr in the agreement by Monday. Lighting Items Attached is the pdf of the Lighting Break Down. Note the plan has 54 lights, MnDOT standard lighting would only allow 19 lights = 35% MnDOT Cooperative Agreement Cost Participation will pay 50% of 35% =18% (Green column) Aesthetic Credit Items are in Orange. ($124,200 credit for lighting) Total Aesthetic Credit $160,000. Colored Concrete Walk ($160,000 - $124,200) is $35,800. Engineer Estimate Will try to give you a call. We are still planning on a phone conference on Monday Jan 27. Ron Ronald Mortensen Cooperative Agreement/Project Manager Engineer District 8 — Willmar Minnesota Department of Transportation 2505 Transportation Rd., Willmar, MN 56201 Office — 320-214-6399 Ronald. Mortensen@state.mn.us ■ f � & a a■0 f kkkto In 44$§s§ 2 -- a asa © cc §dcic ®--- o co k # k k co CD k Ck G@@C!CRCt §#ma kk¥k§#kkR§q/ $ u §§mm_2=m&�G4 2 � 2 ©a���m$�}kI§a � 3 33r.)00u = a 3a3��a�§§§§� 2 # 7 � ( k .c § § S )IU § E K E i ooe d m A� 0 \/k\- p �WWu �@9ew o ` z �$§§ 2;�&2 0a: i 0 § 2 LUmmu Z °2«tom « %Bwww § )UJLUw /-i2)a22' °$x asDDZ}V 72$$$22G� 0 k2- 22�Q22 0 0 W W w 2@g]]::q # z EM mIN §§§G§§ k z t \ \\k W/LgLQ 031 k V4NNNNN Kent Exner From: Sent: To: Cc: Subject: Follow Up Flag: Flag Status: Ron — Kent Exner Tuesday, January 21, 2020 2:10 PM 'Mortensen, Ronald (DOT)' Pederson, Nathan A (DOT); Karnowski, Susann (DOT); Brunkhorst, Kelly (DOT); East, Gene (DOT) RE: Response to your 010920 email Follow up Flagged First of all, thanks for addressing my emailed comments/questions. At this point, I believe that we're getting close to having everything addressed/clarified. However, please see the below clarifications/requests that remain: • Section 4.1 Sidewalks: There is a reference to the City maintaining "sidewalk construction and median crossings", so want to ensure that there is no perceived liability on the City's front for the Echo Street area pedestrian curb ramps (implied highway crossing). Thus, MnDOT's responsibility for this crossing approach should be firmly established within the agreement. • Section 6.4 Colored Sidewalk Special and Aesthetic Credit: Continue to believe that the agreement language is unclear, but was able to make sense of the intended approach within the Schedule "I" back -sheet tabulations/calculations. However, I believe that the apparent math within the 4" Sidewalk Special tab may be incorrect (should arrive at a total of $38,970.75, correct?). If so, front sheet needs to be revised accordingly. • Schedule "I" - Please provide the actual total project cost estimation worksheet that was used to derive the preliminary Schedule "I" (Excel format). This will assist the City in understanding some cost -sharing dynamics and will help streamline the development our funding approach (multiple City funds/bonding to be utilized based on the nature of specific work items). • Schedule "I" — In regards to the lighting system reasoning, sounds like MnDOT would only account for 50% of the MnDOT standard system cost. Thus, if the City wanted nothing to do with the lighting of this trunk highway (not willing to account for 50% of the standard system cost), MnDOT would not light this highway/intersections in any manner, correct? Most importantly, please provide the calculations/policy that resulted in the City being responsible for 80% of the lighting system item. • Schedule "I" — Please look closely at the footnotes, (2) is not defined at the bottom. If these items are appropriately addressed, I will work to have our City Council approve the revised draft Construction Agreement and Schedule "I" at their January 25th meeting. Lastly, I'm available to meet with you and Gene sometime during the afternoon of the 22"d and 23rd or about anytime on the 27th Thank you! Kent Exner, PE Public Works Director/City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Kent Exner From: Mortensen, Ronald (DOT) < ro na Id. mortensen @state. mn.us > Sent: Thursday, January 16, 2020 2:51 PM To: Kent Exner Cc: Pederson, Nathan A (DOT); Karnowski, Susann (DOT); Brunkhorst, Kelly (DOT) Subject: Response to your 010920 email Attachments: response to 010920 comments.pdf; SP 4304-53 City of Hutchinson Aesthetic Credit.pdf; Justin Black, SEH Fw Agreement and Schedule I to share with the City of Hutch.pdf, Art Ped Cost Breakdown.pdf Follow Up Flag: Flag Status: Flag for follow up Flagged EXTERNAL EMAIL ALERT: This message originated from outside the City of Hutchinson email system. Unless you I� recognize the sender and know the content, DO NOT click links or open attachments. j Kent have responded to your 010920 email about the SP 4304-53 and SP 4304-96 project. I know you have concerns and other questions about this project. Please sent me and Gene some dates so we can clear up questions before your Council meeting. Ron Ronald Mortensen Cooperative Agreement/Project Manager Engineer District 8 —Willmar Minnesota Department of Transportation 2505 Transportation Rd., Willmar, MN 56201 Office — 320-214-6399 Ronald. Mortensen@state.mn.us MIDEPARTMENT OF District 2605 Transportation Road TRANSPORTATION Willmar, MN56201 320-231-5195 January 15, 2020 Kent Exner Public Works Director/City Engineer City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear Mr. Exner: This letter is MnDOT's response in italic text from your email dated January 9, 2020 comments/questions/requests regarding the draft agreement and preliminary Schedule "i" for SP 4304- 53 and SP 4304-96. Construction Cooperative Acireement • Section 2.5 Permits: Per past discussions with MnDOT staff, we were under the impression that a MnDOT right-of-way permit would not be required due to the proposed work being included within MnDOT administered plan/specification documents. The Cooperative Agreement will address the cost participation of City Utilities but State Low requires any change in any utilities would require an "Application for Utility Permit on Trunk Highway Right -of -Way" • Section 4.1 Sidewalks: Insert language that clearly establishes that the City is not responsible for the maintenance or operation of any pavement markings, signage, walkways and/or pedestrian curb ramps associated with the uncontrolled TH 15 crossing near the Echo Street intersection. The cooperative agreement will only address items completed with SP 4304-53 and SP 4304-96. Future projects or work will not be addressed in this agreement. • Section 6.2 City Participation Construction: Should signals, ADA improvements and parking lanes construction be included within the 100% listing of work. The 50% section references S.P 4304-54 (-53??). The wording will be changed to SP 4304-53. • Section 6.3 Aesthetic Lighting Credit: Explain calculation that arrives at the aesthetic budget amount of $160,000.00. Cost is based on "Cost Participation and Maintenance responsibilities with Local Units of Governments" Section il.C.3.f. Aesthetic Elements (internal Memo stating the Project Cost). See attached memo. • Section 6.4 4" Colored Sidewalk Special and Aesthetic Credit: Clearly state that the City is responsible for the additional cost for sidewalk colored concrete and how that amount is determined. The last sentence in 6.4 addresses the question. • The construction of masonry pillars and future responsibilities do not appear to be addressed within the agreement (believe MnDOT staff previously mentioned this desire). Work done under a project that is not on MnDOT permanent Right -of -Way, and that has no MnDOT responsibilities, will not be addressed in the cooperative agreement. As previously requested, City staff would like to have the ability to utilize our Municipal State Aid funding (off -system) as deemed necessary to fulfill the City's project cost participation obligations (final amounts remain unknown until construction bids are received). This ability (seems to be a State Aid administrative function) should be established within the context of the cooperative agreement document. This project was not developed in accordance with the State Aid funding process since the City indicated that they did not intend to utilize State Aid funding MIDEPARTMENT OF District 8 2505 Transportation Road TRANSPORTATION Willmar, MN56201 320-231-5195 on this project. The project's Construction Plan was completed, and was at a state of final review when we received the request. In order for State Aid Funding to be utilized, MnDOT would need to revise the Construction Plan and this would result in a delay in the project's letting date. MnDOT's decision on not starting the State Aid required revisions to the Plan was based on the following: The project was delay already (due to a number of factors). Starting the Plan revisions requiring for the State Aid process would cause another delay. This added delay would result in an even higher risk of an increase in construction cost (for both the City and State) due to the timing of the Minnesota construction season. Preliminary Schedule "I" • Provide the final project cost estimate (Excel format) that City cost participation amounts are derived from. This document will also allow the City to analyze our cost participation as a whole to determine our funding sources/amounts. MnDOT will provide a Schedule "I" in Excel sheet format. • Provide highlighted plan sheets that display where the City's responsibility for side street pavement restoration is accounted for. The agreement states the City's responsibilities. MnDOT will provide plan sheets that would be for reference only. • Provide calculation that determined the Citys aesthetic credit would equate to $160,000.00. See attached Internal Memo stating the Prnject Cost. • Provide the calculations/reasoning that determined the City's lighting system cost participation to be $349,366.40 (an increase of more than $100,000.00 in comparison to a previous cost estimate). Unfortunately, MnDOT appears to not be recognizing the significant street lighting materials investment (poles that are being reused within this project) that the City incurred in 2005 throughout the downtown TH 15 corridor (no MnDOT participation at that time). Early calculations where draft, and likely based on incorrect assumptions. MnDOT's guidelines for "Cost Participation and Maintenance responsibilities with Local Units of Governments" were utilized to calculate the participation amount. Some of that verbiage is as follows: "MnDOT participation may be up to 50% of the MnDOTstandard construction costs for continues or intersection lighting system on Trunk Highways." • Provide the calculations/reasoning that equated to the 'Masonry Pillar' having an estimated unit price of $14,550.00. MnDOT has requested that the design consultant to provide that estimate. See attached email from Justin Black. • Note that `Construct Drainage Structure Design 4007' should have a designated unit of LF, not EACH. The plan and schedule'?" was changed to Unit LF. • Note that the Schedule "I" first page has two footnotes both called out as (1). Each item correctly refers to MnDOT's Aesthetic Credit. MnDOT is willing to have a meeting to discuss these issues in person, if you have further questions or concerns. Sincerely, 44pozo� Ronald Mortensen Cooperative Agreement Engineer M1DEPARTMENT OF District s 2505 Transportation Road TRANSPORTATION Willmar, MN56201 320-231-5195 c: Gene East, Project Manager Attachments: MnDOrs Internal Memo: RE: SP 4304-53 City of Hutchinson Aesthetic Credit Justin Black, SEH, Fw: Agreement and Schedule I to share with the City of Hutch (reply) Art Ped Cost Breadown.xlsx DEPARTMENT OF TRANSPORTATION Internal Memo Date: 01/10/2020 To: Gene East From: Ronald Mortensen RE: SP 4304-53 City of Hutchinson Aesthetic Credit This memo is to document the Aesthetic Credit for the above -mentioned project. Subhead —Aesthetic Credit District 3 2505 Transportation Road Willmar, MN 56201 320-231-5195 The follow credit follows the Cost Participation and Maintenance responsibilities with Local Units of Governments (11- 22-2017) II.C.3.f. Aesthetic Elements II.C.3.f.2. Application This section of the Manual is intended to establish a reasonable and equitable limit for MnDOT participation in aesthetic elements of projects, depending on the project setting, type of project, and specific project elements. II.C.3.f.2.111. Level of Impact The level of impact of the project on the existing setting will be determined as one of the following three levels: o LEVEL A: For a limited number of projects that are of major state or federal aesthetic significance. The project has a high level of visual impact on an existing setting that clearly exhibits unique or sensitive features. Aesthetic features may substantially control the design of these projects or project elements. This level includes projects that are located in highly sensitive, social, economic, environmental or historic locations, or may affect items that are historic themselves. The aesthetic impacts of these projects are often addressed in partnership with other federal and state agencies. II.C.3.f.2.v. Project Type Categories The project type category is determined based on the type, the intent and the program funding category of the project in the following fashion: o Project Type Category 2: Reconstruction The intent of reconstruction projects is to reconstruct segments of the highway system to an accepted standard. These projects involve grading, base, resurfacing, and bridge 01/10/2020 SP 4304-53 City of Hutchinson Aesthetic Credit replacement. They usually do not include the addition of through -lanes, but may involve auxiliary lanes, turn lanes, increased shoulder width, bridge widening and access management improvements. The reconstruction of freeway or controlled access facilities with lane additions substantially within existing right-of-way and with limited modification to access locations would be included in this category. Right-of-way acquisition is common. Replacement of lighting, signals, and other infrastructure is also common. The MnDOT program categories include Reconstruction (RC), Bridge Replacement (BR), and Safety Capacity (SC). II.C.3.f.vi. Aesthetic Participation Factors MnDOT aesthetic participation factors for eligible aesthetic elements of a trunk highway project are determined by the level of impact, specific item, and project type categories according to T able 1. Table 1: Maximum MnDOT Aesthetic Participation Factors and Limits as a Percentage of Estimated MnDOT Project Construction Costs Level of Impact Level A Level B Level C Specific Item Categories: *Bridges 15% not to exceed $3,000,000 per bridge 7% not to exceed $300,000 per bridge 5% 5% not to exceed $200,000 per bridge Retaining Walls 10% 1% or standard treatments Noise Walls 7% 4% 1% Project Type Categories: Category 1- Major Construction 5% 3% 2% Category 2 - Reconstruction 3% 2% 1% Category 3 - Preservation, Safety & Maintenance 0% 0% 0% The Aesthetic Credit for SP 4304-53 has been determined to be 2%. II.C.3.f.2.vii. MnDOT Aesthetic Participation MnDOT limits for participation in eligible aesthetic elements of a trunk highway project are determined by application of the appropriate participation factor to MnDOT's share of estimated project costs. 01/10/2020 SP 4304-53 City of Hutchinson Aesthetic Credit Costs for aesthetic elements beyond those established as eligible for MnDOT participation, or beyond MnDOT'S maximum participation as specified in this Manual, will be 100% local responsibility. Participation percentages for aesthetic elements will not be modified or adjusted based on bid prices of the successful bidder. The Engineer's Estimate is from the latest State Transportation Improvement Plan (11/27/2019) was $8,000,000. Maximum aesthetic credit is 2% of $8,000,00 which is $160,000. The Aesthetic Credit for SIR 4304-53 is set as a maximum of $160,000 and will not change. Mortensen. Ronald (DOT) From: Justin Black <jblackC sehinc.com> Sent: Tuesday, January 14, 2020 4:05 PM To: Mortensen, Ronald (DOT); East, Gene (DOT) Cc Karl Weissenborn Subject: Fw: Agreement and Schedule I to share with the City of Hutch Attachments: Art Ped Cost Breakdownadsx Ron and Gene, Attached is the break down of the cost estimate for the masonry pillars. This estimate was providQd by Karl Weissenborn the Landscape Architect Involved with preparing the pillar plans. We confirmed the estimated cost of the masonry pillars as shown in the Schedule 1 is correct:$14,550 Each. No changes are needed for this line item. I did not copy Dana or Malaki on the email, forward as you see fit. Justin Black, PE (MN) Associate, Project Manager SEH—Building a Better World for All of UsTm 320.204.0214 direct 952.913.0702 mobile t".sehinc.com MnDOT Average Bid Price MNDOT NO. j ITEM DESCRIPTION 2411.241151 STRUCTURAL CONCRETE (1G52) 2411.241151 STRUCTURAL CONCRETE (3G52) 2401.240151 REINFORCEMENT BARS 2401.240151 REINFORCEMENT BARS (EPDXY COI 2411.241151 STRUCTURE EXCAVATION CLASS E 2411.241151 STRUCTURE EXCAVATION CLASS U Pour inplace ART PEDESTAL QUANTITIES PER EACH Vol. CONCRETE 23.9 CF 0." CY LF #4 Rebar 75.54 conversion 0.668 Ibs/LF Weight 50.5 Ibs Brick face area 1 23.61 JSqFt Excavation Vol. Approx. 6' x 6' x 5'-8" Min. 1 204.12 ICF Precast: Cap & bi 1 1 Each Mobilization & Contingency UNIT Average CY $ 506.79 Average CY $ 1,016.91 $ 761.85 LB $ 1.29 Average LB $ 1.46 $ 1.38 CY $ 31.07 Average CY $ 11.52 $ 21.30 Adjusted Costs Estimate of cost $ 674.38 $ _75041 69.641S - i06.00 $ 4,500.00 161.03 $ Z00.00 $ 4,000.00 $ 5,000.00 Total $ 14,550.00 Kent Exner From: Kent Exner Sent: Thursday, January 9, 2020 11:04 AM To: 'Mortensen, Ronald (DOT)' Cc: Justin Black; East, Gene (DOT) Subject: RE: Agreement and Schedule I to share with the City of Hutch Follow Up Flag: Follow up Flag Status: Flagged Ron — Please see the below comments/questions/requests regarding the provided draft agreement and preliminary Schedule I 1 ': Construction Cooperative Agreement • Section 2.5 Permits: Per past discussions with MnDOT staff, we were under the impression that a MnDOT right- of-way permit would not be required due to the proposed work being included within MnDOT administered plan/specification documents. • Section 4.1 Sidewalks: Insert language that clearly establishes that the City is not responsible for the maintenance or operation of any pavement markings, signage, walkways and/or pedestrian curb ramps associated with the uncontrolled TH 15 crossing near the Echo Street intersection. • Section 6.2 City Participation Construction: Should signals, ADA improvements and parking lanes construction be included within the 100% listing of work. The 50% section references S.P 4304-54 (-53??). • Section 6.3 Aesthetic Lighting Credit: Explain calculation that arrives at the aesthetic budget amount of $160,000.00. • Section 6.4 4" Colored Sidewalk Special and Aesthetic Credit: Clearly state that the City is responsible for the additional cost for sidewalk colored concrete and how that amount is determined. • The construction of masonry pillars and future responsibilities do not appear to be addressed within the agreement (believe MnDOT staff previously mentioned this desire). • As previously requested, City staff would like to have the ability to utilize our Municipal State Aid funding (off - system) as deemed necessary to fulfill the City's project cost participation obligations (final amounts remain unknown until construction bids are received). This ability (seems to be a State Aid administrative function) should be established within the context of the cooperative agreement document. Preliminary Schedule "I" • Provide the final project cost estimate (Excel format) that City cost participation amounts are derived from. This document will also allow the City to analyze our cost participation as a whole to determine our funding sources/amounts. • Provide highlighted plan sheets that display where the City's responsibility for side street pavement restoration is accounted for. • Provide calculation that determined the City's aesthetic credit would equate to $160,000.00. • Provide the calculations/reasoning that determined the City's lighting system cost participation to be $349,366.40 (an increase of more than $100,000.00 in comparison to a previous cost estimate). Unfortunately, MnDOT appears to not be recognizing the significant street lighting materials investment (poles that are being reused within this project) that the City incurred in 2005 throughout the downtown TH 15 corridor (no MnDOT participation at that time). • Provide the calculations/reasoning that equated to the 'Masonry Pillar' having an estimated unit price of $14,550.00. Here are PDF's to share with the City. Probably still consider this a DRAFT but will be acceptable for review. I will have this reviewed on my end as well. Please let me know of any comments the City or District has ASAP. Thanks Dana R Myers Cooperative Agreements Project Management and Tech Support Mail Stop — 682 651-366-4636 Dana.mvers_@state.mn.us Kent Exner From: Broadwell, Todd (DOT) <todd.broadwell@state.mn.us> Sent: Wednesday, January 15, 2020 4:58 PM To: Kent Exner Subject: FW: SP 4304-53 Request for State Aid Funds Attachments: letter - thl5main msa 011420.pdf, Hutchinson Resqsuest for State Aid funds.pdf EXTERNAL EMAIL ALERT: This message originated from outside the City of Hutchinson email system. Unless you recognize the sender and know the content, DO NOT click links or open attachments. Kent, As discussed, this note is intended to clarify when State Aid funds are eligible to be used on a City or State Construction Project and if the funding decision can be made at a later date. MN State Rules (State Law) require in section 8820.2800 - CONSTRUCTION REQUIREMENTS that: "Only those projects for which final plans are approved by the state -aid engineer before opening bids are eligible for state -aid construction funds" So without the State Aid Engineer's signature on the Plan prior to the project's Bid Opening, State Aid funds can't be used on the project. The City can make a later determination on whether or not to utilize their State Aid funds after Bid Opening, if and only if, the Project was developed an accordance with State Aid Procedures and the Construction Plan (& Engr's Estimate) received the State Aid Engineer's signature approval prior to the Bid Opening. I hope this helps clarify the options which a City has when considering utilizing their State Aid Funds. Please feel free to contact me if you have any further questions regarding utilizing your State Aid Funds. Thank you Todd Todd G. Broadwell, P.E. Assistant District Engineer - State Aid MnDOT District 8, Willmar 2505 Transportation Road Willmar, MN 56201 Office Phone: 320.214.6425 Cell Phone: 320.894.0585 1 DEPARTMENT OF TRANSPORTATION Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 320-587-5151/Fax 320-2344240 January 14, 2020 Ron Mortensen Cooperative Agreements Engineer MnDOT District 8 2505 Transportation Road Willmar, MN 56201 RE: Municipal State Aid Funding — S.P. 4304-53 & S.P. 4304-96 Dear Mr. Mortensen, In response to your letter (dated December 17, 2019) regarding the City of Hutchinson's potential utilization of Municipal State Aid funds (off -system) for the above referenced MnDOT administered projects, City staff would like the opportunity to have this funding scenario fully considered based on the following input: • The question of whether the City would be using MSA funds within our funding approach was asked nearly one year ago when the City's cost -participation amount was estimated to be much less than what was recently provided within the preliminary Schedule "I" document. • Currently, the Schedule "I" establishes a City contribution of approximately $2.75M (includes about $157,000 of construction engineering fees) in comparison to the City's estimated total construction cost of just over $1.75M which was communicated in mid -August of 2019 (provided project estimation worksheet). Please note that MnDOT's late determination that contaminated soils/water existed and must be addressed resulted in significant City utility design considerations and project cost -sharing increases. • Several construction cost and cost -participation parameters (street lighting, aesthetic allowance, signal materials etc.) were recently determined/revised during MnDOT's Central Office review. • City staff continue to be concerned that the fairly late public bid process/opening could result in higher than expected construction prices (impacts to final Schedule "I"). • City is committing about $132,000 to deliver appropriate sidewalk removal and replacement within the scope of S.P. 4304-96 (TH 15 South). • City has limited fiscal resources to account for the increasing construction costs associated with these projects. With respect to the noted reasons to not allow State Aid funding at this point, they seem to be plan presentation in nature and won't result in how the project is designed or how a contractor would actually bid the projects (wage scales would be the same, correct?). To ensure that these projects can be accomplished, my hope would be that once the final Schedule "I" is developed, MnDOT staff could possibly derive an administrative approach that would allow for the City's utilization of MSA funds if determined necessary. If you have any questions regarding this correspondence or would like to discuss this matter, please feel free to contact me at 320-583-5663 or kexner kci.hutchinson.mn.us . Sincerely, Kent Exner City of Hutchinson Director of Public Works/City Engineer c: Gene East — MnDOT Nathan Pedersen — MnDOT Todd Broadwell — MnDOT Justin Black — SEH 1 DEPARTMENT OF TRANSPORTATION December 17, 2019 Kent Exner City Engineer City of Hutchinson 111 Hassen Street, SE Hutchinson, MN 56350-2522 RE: SP 4304-53 & SP 4304-96 Dear Mr. Exner: District 8 2505 Transportation Road Willmar, MN 58201 320-231-5195 This letter is to inform you of MnDOT decision NOT to grant you the request to allow State Aid funding to the above -mentioned projects. A conversation was held on December 17, 2019 at 9:00 a.m. with Tim Swenson, Nathan Peterson, Justin Black, Jason Owens, Steven Schleicher, Malaki Ruranika, Dana Myers and me about your request to have State Aid funding for the above -mentioned projects. The reasons NOT to allow State Aid funding is as follows: a Plan Sheet has already been signed r All plan sheet must be changed Tab sheets must be edited Any edits at this time would be a delay in letting You are encouraged to contact Todd Broadwell (ADE) about alternate ways for the City of Hutchinson to obtain additional funding. Sincerely, Ronald Mortensen, P.E. Cooperative Agreements Engineer c: Gene East, Project Manager Nathan Pederson, Design Engineer Justin Black, SEH Project Manager State Project Number (S.P.): Trunk Highway Number (T.H.): State Project Number (S.P.): Federal Project Number: Lighting System Feed Point No.: Signal System "A" ID: Signal System "B" ID: Signal System "C" ID: Signal System "D" ID: Signal System "E" ID: MnDOT Contract No.: 1034522 STATE OF MINNESOTA DEPARTMENT OF TRANSPORTATION and CITY OF HUTCHINSON COOPERATIVE CONSTRUCTION AGREEMENT 4304-53 15=151 4304-96 _NHPP STPF 00151309) text,"B" and"S" 3779750 3779751 3779752 1736224 1736223 Estimated Amount Receivable 2 748 065.43 This Agreement is between the State of Minnesota, acting through its Commissioner of Transportation ("State") and the City of Hutchinson acting through its City Council ("City"). Recitals 1. The State will perform grading, concrete surfacing, ADA improvements, signals, and lighting construction and other associated construction upon, along, and adjacent to Trunk Highway No. 15 from 5th Avenue South to 2nd Avenue North according to State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-53 (T.H. 15=151) and the State will perform concrete and bituminous milling, ultrathin bonded wearing course, ADA improvements and revise signal system construction and other associated construction upon, along, and adjacent to Trunk Highway No. 15 from 490' north of County Road 115 to 100' south of 5th Avenue South according to State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-96 (T.H.15=151) ("Project"); and 2. The City has requested the State include in its S.P. 4304-53 Project utility adjustments, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, and parking lanes construction. The City has requested the State include in its S.P. 4304-96 Project water main adjustments and sidewalk construction; and 3. The City requests that it perform certain aspects of the construction engineering in connection with the water main and sanitary sewer construction under the State's S.P. 4304-53 Project and the State concurs in that request; and 4. The City will participate in the costs of the State's S.P. 4304-96 Project including utility adjustments, sidewalk construction, and associated State performed construction engineering; and S. Agreement No. 1034485 between the State and McLeod County will address the detour needed for the State's S.P. 4304-53 Project; and -1- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 6. Agreement No. 78747 between the State and City for Signal Systems located in the construction limits for Project No. 4304-96 will remain in full force and effect; and 7. Minnesota Statutes § 161.45, subdivision 2, allows for City -owned utility relocation to be included in a State construction contract, and payment by the City for such relocation according to applicable statutes and rules for utilities on trunk highways; and 8. Minnesota Statutes § 161.20, subdivision 2 authorizes the Commissioner of Transportation to make arrangements with and cooperate with any governmental authority for the purposes of constructing, maintaining, and improving the trunk highway system. Agreement 1. Term of Agreement; Survival of Terms; Plans; Incorporation of Exhibits 1.1. Effective Date. This Agreement will be effective on the date the State obtains all signatures required by Minnesota Statutes § 16C.05, subdivision 2. 1.2. Expiration Date. This Agreement will expire when all obligations have been satisfactorily fulfilled. 1.3. Survival of Terms. All clauses which impose obligations continuing in their nature and which must survive in order to give effect to their meaning will survive the expiration or termination of this Agreement, including, without limitation, the following clauses: 3. Maintenance by the City; 4. Maintenance by the County; 10. Liability; Worker Compensation Claims; 12. State Audits; 13. Government Data Practices; 14. Governing Law; Jurisdiction; Venue; and 16. Force Majeure. The terms and conditions set forth in Article 5. Signal System "A", "B", "C" and EVP Systems Operation and Maintenance will survive the expiration of this Agreement, but may be terminated by another Agreement between the parties. 1.4. Plans, Specifications, and Special Provisions. Plans, specifications, and special provisions designated by the State as State Project No. 4304-53 and State Project No. 4304-96 are on file in the office of the Commissioner of Transportation at St. Paul, Minnesota, and incorporated into this Agreement by reference ("Project Plans"). I.S. Exhibits. Preliminary Schedule "I" is on file in the office of the City Administrator and attached and incorporated into this Agreement. 2. Construction by the State 2.1. Contract Award. The State will advertise forbids and award a construction contract to the lowest responsible bidder according to the Project Plans. 2.2. Direction, Supervision, and Inspection of Construction. A. Supervision and Inspection by the State. The State will direct and supervise all construction activities performed under the construction contract, and except as provided below, perform all construction engineering and inspection functions in connection with the contract construction. All contract construction will be performed according to the Project Plans. B. Construction Engineering and Inspection by the City. The City will assign its City Engineer or other registered professional engineer to perform construction engineering in connection with the water main and sanitary sewer construction. The engineer so assigned will act under the supervision and direction of the State and be responsible for construction inspection, control of materials, staking and associated documentation for said construction. The construction will be performed according to the Project Plans and recognized and accepted practices and procedures as set forth in various State manuals, including Specifications No. 1601 through and including No.1609 in the State's current -2- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 "Standard Specifications for Construction". The City will furnish other personnel, services, supplies, and equipment needed to properly carry on the construction. Documentation of Construction Costs. At regular intervals after the State's contractor has started the water main and sanitary sewer construction, the City will prepare partial estimates of the construction costs according to the terms of the construction contract and immediately submit the partial estimates to the State. The City will also prepare the final estimate data for said construction and submit the final estimate to the State. Quantities listed on the partial and final estimates will be documented according to guidelines in the applicable documentation manual. ii. Final Inspection of Construction. Upon completion of the water main and sanitary sewer construction, the City will advise the State whether or not said construction should be accepted by the State as being performed in a satisfactory manner. If the City recommends that the State not accept the construction, then the City will, as part of their recommendation, identify the specific defects in the construction and the reasons why it should not be accepted. Any recommendations made by the City are not binding on the State. The State will determine, after considering the City's recommendations, whether or not the construction has been properly performed and whether to accept or reject it. III. Inspection of Other City Participation Construction. The remainder of the City participation construction covered under this Agreement will be open to inspection by the City. If the City believes the City participation construction covered under this Agreement has not been properly performed or that the construction is defective, the City will inform the State District Engineer's authorized representative in writing of those defects. Any recommendations made by the City are not binding on the State. The State will have the exclusive right to determine whether the State's contractor has satisfactorily performed the City participation construction covered under this Agreement. 2.3. Plan Changes, Additional Construction, Etc. A. The State will make changes in the Project Plans and contract construction, which may include the City participation construction covered under this Agreement, and will enter into any necessary addenda and change orders with the State's contractor that are necessary to cause the contract construction to be performed and completed in a satisfactory manner. The State District Engineer's authorized representative will inform the appropriate City official of any proposed addenda and change orders to the construction contract that will affect the City participation construction covered under this Agreement. B. The City may request additional work or changes to the work in the plans as part of the construction contract. Such request will be made by an exchange of letter(s) with the State. If the State determines that the requested additional work or plan changes are necessary or desirable and can be accommodated without undue disruption to the project, the State will cause the additional work or plan changes to be made. 2.4. Satisfactory Completion of Contract The State will perform all other acts and functions necessary to cause the construction contract to be completed in a satisfactory manner. 2.5. Permits. A. The City will submit to the State's Utility Engineer an original permit application for all utilities owned by the City to be constructed hereunder that are upon and within the Trunk Highway Right -of -Way. -3- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 Applications for permits will be made on State form "Application For Utility Permit On Trunk Highway Right -of -Way" (Form 2525). B. The City will submit to the Minnesota Pollution Control Agency the plans and specifications for the construction or reconstruction of its sanitary sewer facilities to be performed under the construction contract and obtain, under Minnesota Statutes § 115.07 or Minnesota Rules 7001.1030, subpart 2C, either a permit or written waiver from that agency for that construction or reconstruction. The City is advised that under Minnesota Rules 7001.1040, a written application for the permit or waiver must be submitted to the Minnesota Pollution Control Agency at least 180 days before the planned date of the sanitary sewer facility construction or reconstruction. C. Limited Use Permit No. 4304-0006. The City will obtain, through the District's Right -of -Way Area Manager, a Limited Use Permit to cover the City's liability responsibilities of the tower clock to be constructed upon the State Right -of -Way. 2.6. Replacement of Castings. Adjustments to certain City -owned facilities, including but not limited to, valve boxes and frame and ring castings, may be performed by the State's contractor under the construction contract. The City will furnish the contractor with new units and/or parts for those in place City -owned facilities when replacements are required and not covered by a contract pay item, without cost or expense to the State or the contractor, except for replacement of units and/or parts broken or damaged by the contractor. 3. S.P. 4304-53 Maintenance by the City Upon completion of the project, the City will provide the following without cost or expense to the State: 3.1. Storm Sewers. Routine maintenance of any storm sewer facilities construction. Routine maintenance includes, but is not limited to, removal of sediment, debris, vegetation and ice from grates and catch basins, and any other maintenance activities necessary to preserve the facilities and to prevent conditions such as flooding, erosion, or sedimentation, this also includes informing the District Maintenance Engineer of any needed repairs. 3.2. Municipal Utilities. Maintenance of any municipal -owned utilities construction, without cost or expense to the State. 3.3. Sidewalks. Maintenance of any sidewalk construction, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. 3.4. Lighting. Maintenance and ownership of any lighting facilities construction. Maintenance of electrical lighting systems includes everything within the system, from the point of attachment to the power source or utility, to the last light on the feed point, including but not limited to re-lamping of lighting units or replacing of LED luminaires, repair or replacement of all damaged luminaire glassware, loose connections, luminaires when damaged or when ballasts fail, photoelectric control on luminaires, defective starter boards or drivers, damaged fuse holders, blown fuses, knocked down poles including wiring within the poles, damaged poles, pullboxes, underground wire, damaged foundations, equipment pad, installation of approved splices or replacement of wires, repair or extending of conduit, lighting cabinet maintenance including photoelectric cell, electrical distribution system, Gopher State One Call (GSOC) locates, and painting of poles and other equipment. The City will be responsible for the hook up cost and application to -4- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 secure an adequate power supply to the service pad or pole and will pay all monthly electrical service expenses necessary to operate the lighting facility. 3.5. Additional Drainage. No party to this Agreement will drain any additional drainage volume into the storm sewer facilities constructed under the construction contract that was not included in the drainage for which the storm sewer facilities were designed, without first obtaining written permission to do so from the other party. 4. S.P. 4304-96 Maintenance by the City 4.1. Sidewalks. Maintenance of any sidewalk construction and median crossings, including stamped and colored concrete sidewalk (if any) and pedestrian ramps. Maintenance includes, but is not limited to, snow, ice and debris removal, patching, crack repair, panel replacement, cross street pedestrian crosswalk markings, vegetation control of boulevards (if any), and any other maintenance activities necessary to perpetuate the sidewalks in a safe, useable, and aesthetically acceptable condition. S. Signal System "A", "B", "C", and EVP Systems Operation and Maintenance for S.P. 4304-53 Operation and maintenance responsibilities will be as follows for the said Signal Systems and EVP Systems on T.H. 15 at 2"d Avenue South, on T.H. 15 at Washington Avenue, on T.H. 15 at VL Avenue North, and for the Interconnect on T.H. 15 from 2nd Avenue South to 1" Avenue North. 5.1. City Responsibilities. A. Power. The City will be responsible for the hook-up cost and application to secure an adequate power supply to the service pads or poles and will pay all monthly electrical service expenses necessary to operate the Signal Systems, EVP Systems, and Interconnect. B. Minor Signal System Maintenance. The City will provide for the following, without cost to the State. i. Maintain the signal pole mounted LED luminaires, including replacing the luminaires when necessary. The LED luminaire must be replaced when it fails or when light levels drop below recommended AASHTO levels for the installation. ii. Replace the Signal Systems LED indications. Replacing LED indications consists of replacing each LED indication when it reaches end of life per the MnDOT Traffic Engineering Manual or fails or no longer meets Institute of Traffic Engineers (ITE) standards for light output. iii. Clean the Signal System(s) controller cabinet and service cabinet exteriors. iv. Clean and paint the Signal Systems including the luminaire mast arm extensions. Painting will be in accordance with MnDOT Standard Specification 2565.3X, unless approved by the State's District Traffic Engineer. v. Paint and maintain the cross street pedestrian crosswalk markings. vi. Reimburse the State for the costs associated with battery replacement for the battery back-up system which includes battery purchase, installation, and disposal. 5.2. State Responsibilities. A. Interconnect; Timing; Other Maintenance. The State will maintain the Interconnect and signing, and perform all other Signal System, APS, and signal pole luminaire circuit maintenance without cost to the City. All Signal System timing will be determined by the State, and no changes will be made without the State's approval. -5- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 B. Battery Backup Replacement Batteries. Perform all tasks associated with battery replacement for the battery back-up system which includes battery purchase, installation, and disposal and invoice the City 100% of the costs associated with this work. The State will maintain the remainder of the battery back-up system at its cost and expense. C. EVP Systems Operation. The EVP Systems will be installed, operated, maintained, and removed according to the following conditions and requirements: i. All maintenance of the EVP Systems must be done by State forces. ii. Emitter units may be installed only on authorized emergency vehicles, as defined in Minnesota Statutes § 169.011, Subdivision 3. Authorized emergency vehicles may use emitter units only when responding to an emergency. The City will provide the State's District Engineer or their designated representative a list of all vehicles with emitter units, if requested by the State. iii. Malfunction of the EVP Systems must be reported to the State immediately. iv. In the event the EVP Systems or its components are, in the opinion of the State, being misused or the conditions set forth in Paragraph ii. above are violated, and such misuse or violation continues after the City receives written notice from the State, the State may remove the EVP Systems. Upon removal of the EVP Systems pursuant to this Paragraph, all of its parts and components become the property of the State. v. All timing of the EVP Systems will be determined by the State. 5.3. Right -of -Way Access. Each party authorizes the other party to enter upon their respective public right-of-way to perform the maintenance activities described in this Agreement. 5.4. Related Agreements. This Agreement will supersede and terminate the operation and maintenance terms of Agreement No. 69321, dated June 5, 1992, between the parties for the signal systems at T.H. 15 and 2"1 Avenue Southeast, Washington Avenue East, 'and First Avenue Northeast. 6. Basis of City Cost 6.1. Schedule "I". The Preliminary Schedule "I" includes all anticipated City participation construction items, State Furnished Materials lump sum amounts and the construction engineering cost share covered under this Agreement, and is based on engineer's estimated unit prices. 6.2. City Participation Construction. The City will participate in the following at the percentages indicated. The construction includes the City's proportionate share of item costs for Mobilization, Combination Field Laboratory -Office, and Traffic Control. A. 100 Percent will be the City's rate of cost participation in all of the water main, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, and parking lanes construction under S.P. 4304-53. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 2 through No. 4 of the Preliminary Schedule "I". B. 50% Percent will be the City's rate of cost participation in all of the Signal System "A", "B", and "C" construction under S.P. 4304-54. The construction is included in the City's 100% cost participation described in Article 5.2 Section A of this Agreement and is tabulated on Sheets No. 4 of the Preliminary Schedule "I". C. 10 Percent will be the City's rate of cost participation in all of the parking lane construction under S.P. 4304-53. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 5 of the Preliminary Schedule "I". -6- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 D. 100 Percent will be the City's rate of cost participation in all of the utility adjustments and sidewalk construction under S.P. 4304-96. The construction includes, but is not limited to, those construction items tabulated on Sheet No. 5 of the Preliminary Schedule "I". 6.3. Aesthetic Lighting Credit. The City will be upgrading their lighting system to include aesthetic features. The State has an aesthetic budget of $160,000.00, which is capped, available to the City. The State will credit the City for aesthetic lighting up to the capped allowable amount as shown in the Preliminary Schedule "I". 6.4. 4" Colored Sidewalk Special and Aesthetic Credit. The City will be responsible for the cost of 4" colored sidewalk special under S.P. 4304-53. The State has an aesthetic budget of $160,000.00, which is capped, available to the City. The State will credit the City for 4" colored sidewalk special based on a lump sum on bid amount up to the capped allowable amount as shown on the Preliminary Schedule "I". 6.5. State Furnished Materials. The State will furnish a "R" Cabinet ("State Furnished Materials") for each of the signal systems under S.P. 4304-53, according to the Project Plans, to operate the traffic control signal systems covered under this Agreement. The City's lump sum share for State Furnished Materials is $44,293.04. The City's cost share for State Furnished Materials will be added to the City's total construction cost share as shown in the Schedule "I". 6.6. Construction Engineering Costs. The City will pay a construction engineering charge equal to 3 percent for the water main and sanitary sewer construction covered under Article 5.2.A. The City will pay a construction engineering charge equal to 8 percent of the remainder of the City participation construction covered under this Agreement including non -utility work items, parking lane construction, 4" colored sidewalk special under S.P. 4304-53 and all City participation construction under S.P. 4304-96. 6.7. Plan Changes, Additional Construction, Etc. The City will share in the costs of construction contract addenda and change orders that are necessary to complete the City participation construction covered under this Agreement, including any City requested additional work and plan changes. The State reserves the right to invoice the City for the cost of any additional City requested work and plan changes, construction contract addenda, change orders, and associated construction engineering before the completion of the contract construction. 6.8. Liquidated Damages. All liquidated damages assessed the State's contractor in connection with the construction contract will result in a credit shared by each party in the same proportion as their total construction cost share covered under this Agreement is to the total contract construction cost before any deduction for liquidated damages. 7. City Cost and Payment by the City 7.1. City Cost. $2,748,065.43 is the City's estimated share of the costs of the contract construction, State Furnished Materials and the construction engineering cost share as shown in the Preliminary Schedule "I". The Preliminary Schedule "I" was prepared using estimated quantities and unit prices, and may include any credits or lump sum costs. Upon award of the construction contract, the State will prepare a Revised Schedule "I" based on construction contract unit prices, which will replace and supersede the Preliminary Schedule "I" as part of this Agreement. 7.2. Conditions of Payment. The City will pay the State the City's total estimated construction and construction engineering cost share, as shown in the Revised Schedule "I", after the following conditions have been met: A. Execution of this Agreement and transmittal to the City, including a copy of the Revised Schedule "I". B. The City's receipt of a written request from the State for the advancement of funds. -7- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 7.3. Acceptance of the City's Cost and Completed Construction. The computation by the State of the amount due from the City will be final, binding and conclusive. Acceptance by the State of the completed contract construction will be final, binding, and conclusive upon the City as to the satisfactory completion of the contract construction. 7.4. Final Payment by the City. Upon completion of all contract construction and upon computation of the final amount due the State's contractor, the State will prepare a Final Schedule "I" and submit a copy to the City. The Final Schedule "I" will be based on final quantities, and include all City participation construction items and the construction engineering cost share covered under this Agreement. If the final cost of the City participation construction exceeds the amount of funds advanced by the City, the City will pay the difference to the State without interest. If the final cost of the City participation construction is less than the amount of funds advanced by the City, the State will refund the difference to the City without interest. The State and the City waive claims for any payments or refunds less than $5.00 according to Minnesota Statutes § 15.415. 8. Authorized Representatives Each party's Authorized Representative is responsible for administering this Agreement and is authorized to give and receive any notice or demand required or permitted by this Agreement. 8.1. The State's Authorized Representative will be: Name, Title: Malaki Ruranika, Cooperative Agreements Engineer (or successor) Address: 395 John Ireland Boulevard, Mailstop 682, St. Paul, MN 55155 Telephone: (651) 366-4634 E-Mail: malaki.ruranika@state.mn.us 8.2. The City's Authorized Representative will be: Name, Title: Matt Jaunich, City Administrator (or successor) Address: 111 Hassan Street SE, Hutchinson, MN 55350 Telephone: (320) 234-4212 E-Mail: mjaunich@ci.hutchinson.mn.us 9. Assignment; Amendments; Waiver; Contract Complete 9.1. Assignment. No party may assignor transfer any rights or obligations under this Agreement without the prior consent of the other party and a written assignment agreement, executed and approved by the same parties who executed and approved this Agreement, or their successors in office. 9.2. Amendments. Any amendment to this Agreement must be in writing and will not be effective until it has been executed and approved by the same parties who executed and approved the original Agreement, or their successors in office. 9.3. Waiver. If a party fails to enforce any provision of this Agreement, that failure does not waive the provision or the party's right to subsequently enforce it. 9.4. Contract Complete. This Agreement contains all prior negotiations and agreements between the State and the City. No other understanding regarding this Agreement, whether written or oral, may be used to bind either party. -8- Receivable Standard CE by Both Parties (Cooperative Agreements) MnDOT Contract No.: 1034522 10. Liability; Worker Compensation Claims 10.1. Each party is responsible for its own acts, omissions, and the results thereof to the extent authorized by law and will not be responsible for the acts and omissions of others and the results thereof. Minnesota Statutes § 3.736 and other applicable law govern liability of the State. Minnesota Statutes Chapter 466 and other applicable law govern liability of the City. 10.2. Each party is responsible for its own employees for any claims arising under the Workers Compensation Act. 11. Nondiscrimination Provisions of Minnesota Statutes § 181.59 and of any applicable law relating to civil rights and discrimination are considered part of this Agreement. 12. State Audits Under Minnesota Statutes § 16C.05, subdivision 5, the City's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by the State and the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 13. Government Data Practices The City and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes Chapter 13, as it applies to all data provided under this Agreement, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the City under this Agreement. The civil remedies of Minnesota Statutes §13.08 apply to the release of the data referred to in this clause by either the City or the State. 14. Governing Law; Jurisdiction; Venue Minnesota law governs the validity, interpretation, and enforcement of this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 15. Termination; Suspension 15.1. By Mutual Agreement. This Agreement may be terminated by mutual agreement of the parties. 15.2. Termination forinsufcientFunding. The State may immediately terminate this Agreement if it does not obtain funding from the Minnesota Legislature, or other funding source; or if funding cannot be continued at a level sufficient to allow for the performance of contract construction under the Project. Termination must be by written or fax notice to the City. 15.3. Suspension. In the event of a total or partial government shutdown, the State may suspend this Agreement and all work, activities and performance of work authorized through this Agreement. 16. Force Majeure No party will be responsible to the other for a failure to perform under this Agreement (or a delay in performance), if such failure or delay is due to a force majeure event. A force majeure event is an event beyond a party's reasonable control, including but not limited to, unusually severe weather, fire, floods, other acts of God, labor disputes, acts of war or terrorism, or public health emergencies. [The remainder of this page has been intentionally left blank] -9- Receivable Standard CE by Both Parties (Cooperative Agreements) CITY OF HUTCHINSON The undersigned certify that they have lawfully executed this contract on behalf of the Governmental Unit as required by applicable charter provisions, resolutions, or ordinances. By: Title: Date: By: Title: Date: DEPARTMENT OF TRANSPORTATION Recommended for Approval: By. (District Engineer) Date: Approved: By: (State Design Engineer) Date: COMMISIONER OF ADMINISTRATION By• (With Delegated Authority) Date: INCLUDE COPY OF RESOLUTION APPROVING THE AGREEMENT AND AUTHORIZING ITS EXECUTION. CITY OF HUTCHINSON RESOLUTION IT IS RESOLVED that the City of Hutchinson enter into MnDOT Agreement No. 1034522 with the State of Minnesota, Department of Transportation for the following purposes: To provide for payment by the City to the State of the City's share of the costs of the water main, sanitary sewer, signals, aesthetic lighting, aesthetic features, ADA improvements, and parking lanes construction and the City has requested the State include in its S.P. 4604-96 Project water main adjustments and sidewalk construction and other associated construction to be performed upon, along, and adjacent to Trunk Highway No. Trunk Highway No. 15 from 5th Avenue South to 2nd Avenue North according to State -prepared plans, specifications, and special provisions designated by the State as State Project No. 4304-53 and on Trunk Highway No. 15 from 490' north of County Road 115 to 100' south of 5th Avenue South within the corporate City limits under State Project No. 4304-53 and S.P. 4304-96 (15=151). IT IS FURTHER RESOLVED that the Mayor and the (Title) are authorized to execute the Agreement and any amendments to the Agreement. CERTIFICATION I certify that the above Resolution is an accurate copy of the Resolution adopted by the Council of the City of Hutchinson Board of Commissioner at an authorized meeting held on the day of 20 , as shown by the minutes of the meeting in my possession. Subscribed and sworn to me this day of 20 Notary Public My Commission Expires (Signature) (Type or Print Name) (Title) a r, 0 N N s, N a � z� �o �z 3 �I � 06 O •n I U? N O C M &~4 N ¢ U O tn p a• C —O ON •--� O r-tn O r N t-O �p pp O C Op G �_ V N N N Colo, N O•0 00 �D N 000 "tr O U ~ N M I z (� Y 3 y y �y � I••I •� .y 'b W r1 H •� c i O F Oq � Wt Q ayx 'moo i4 � � a � CL O in 06 rA a . 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W W�dApU�i a WCA rrrrN�hoO OOOOOOO v1 v1 In v1 tn In In W N M M M z N N N N N fJ N tn 0 000 0 0 h h [� N 10 00 O O O QO N C> O O y. b 00 oo O N �O M U 0 0 h 0 0 0 C> O h O V O a N 6s Gr O a � U �+ o I ( 0Iz � eehh F hharr a z a d V 0 �a o a3N 2 U U �a O 1 0 � � r� a O h h h h w € ¢ < o000 -_-- *6z * tl�bb it �lU x 00 00 00 00 ~ z N N N N I M M M O n n N I (� N N N F � z 00 o F a i Q x W Fd' W a r rn a FFF Fd„ < U U U rxa;a4 Q0.0 w HHH Un Ln En En 6rzS� * co coo cn w W ~z I U .a a 0 0 .Q 0 a C z 72 C U y Cd A HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: Contribution to County's Hutchinson NE Ring Road Alternatives Study Phase 2 Department: PW/Eng LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As recently discussed with the City's Resource Allocation Committee, the McLeod County Highway Department has completed the Hutchinson NE Ring Road Feasibility Study Phase 1 document (see attached Key Findings & Next Steps summary and final Memorandum dated 11/7/19). Furthermore, this information was reviewed with County Board members at their November of 2019 workshop meeting. Moving forward, County staff per the County Board's direction has engaged SRF Consulting Group to formulate a NE Ring Road Alternatives Study Phase 2 engineering services proposal (see attachment). The total estimated cost for this identified effort is $59,05.00. Similar to past area transportation study efforts, County representatives have requested that the City of Hutchinson participate in a cost -sharing arrangement. At this point, a City financial contribution of $15,000.00 has been discussed amongst staff members. BOARD ACTION REQUESTED: Approval of Financial Contribution to McLeod County's Hutchinson NE Ring Road Alternatives Study Phase 2 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 59,005.00 Total City Cost: $ 15,000.00 Funding Source: Infrastructure Comprehensive Planning Funds Remaining Cost: $ 44,005.00 Funding Source: McLeod County Hutchinson NE Ring Road Feasibility Study Phase 1 Key Findings & Next Steps Phase 1— Key Findings • Projected daily traffic (2018 data) on the proposed NE ring road is approximately 1,800 AADT with approximately 220 being trucks (or just over 12%). This AADT would be similar to what is currently using the SW ring road (1,250 to 2,050 AADT). • Traffic along MN-15 (between the N and S quadrants) is the largest movement which means it has the most influence on the projected volume for the NE ring road. However, assuming less traffic shifting to the new roadway there would still be more than 200 heavy commercial vehicles per day that could be removed from downtown. • It is recommended to proceed with further study of the ring road since the projected traffic levels are consistent with existing traffic levels using the SW ring road, which was defined as the metric for determining the new roadway "feasible". Phase 1— Evaluation Process Phase 2 — Next Steps Study reviewed feasibility of ring road from a Review previous alignment evaluation work traffic perspective: completed and update the evaluation: 1. Conducted data collection. 1. Refine previous alignment alternatives and 2. Reviewed previous data and findings. develop visualizations. 3. Conducted Streetlight origin -destination 2. Update cost estimates. (0-D) evaluation. 3. Compare alternatives using evaluation matrix. 4. Determined feasibility of NE ring road relative 4. Conduct public engagement (steering committee to traffic. and public open houses). 5. Summarized key findings and identify 5. Document key findings and identify next steps. next steps. Study Budget. Phase 9 = $97,270; Phase 2 = $59, 005 W ON I November 19, 2019 Memorandum SRF No. 11262 To: John Brunkhorst, PE, County Engineer/PW Director McLeod County From: Leif Garnass, PE, PTOE, Principal Justin Sebens, PE, Senior Engineer Misty Biswas, Engineer Date: November 7, 2019 Subject: Traffic Pattern Evaluation for NE Ring Road in Hutchinson, Minnesota Executive Summary Current traffic volumes and updated origin -destination (O-D) traffic data were obtained to determine the potential feasibility of a future northeast (NE) ring road for the City of Hutchinson. StreetLight O-D data was applied to existing traffic volumes along with projected traffic shifts due to changes in travel times/distances to project the traffic that would use the new roadway: Projected traffic on the proposed NE ring road is approximately 1,800 AADT with approximately 220 being trucks (or just over 12%). This AADT would be similar to what is currently using the SW ring road (1,250 to 2,050 AADT). Traffic along MN-15 (between the N and S quadrants) is the largest movement which means it has the most influence on the projected volume for the NE ring road. However, assuming less traffic shifting to the new roadway there would still be more than 200 heavy commercial vehicles per day that could be removed from downtown. It is recommended to proceed with further study of the ring road since the projected traffic levels are consistent with existing traffic levels using the SW ring road, which was defined as the metric for determining the new roadway "feasible". Introduction As requested, SRF Consulting Group completed a traffic pattern evaluation for the Hutchinson area to determine the potential feasibility of a future northeast (NE) ring road for the City, as shown in Figure 1. The purpose of this evaluation was to determine from a traffic perspective if the ring road should be further studied from an alignment perspective. The basis for considering the new roadway "feasible" was how the projected ring road traffic compares to the existing southwest (SW) ring road, which is the lowest volume ring road. If projected traffic levels are similar, the ring road was considered feasible to consider for further study. Current traffic volumes and origin -destination (O- D) traffic data were obtained for the evaluation. This memorandum summarizes the evaluation process, assumptions, and key findings and recommendations. www.srfconsuIting.com 1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1 763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer John Brunkhorst, PE November 7, 2019 McLeod County Page 3 Existing Daily Traffic Volumes (AADT) The basis for projecting the amount of traffic expected to use future NE ring road is the existing traffic using the major roadways. Existing annual average daily traffic (AADT) volumes were obtained from the Minnesota Department of Transportation (MnDOT) for year 2017. These volumes, shown in Figure 2, are an estimate of the total number of vehicles using a road (in both directions) on any given day of the year. This estimate represents the total number of cars per year divided by 365 days. Per MnDOT, AADTs are developed using factors that adjust for season, day of the week, and vehicle type. Existing Daily Heavy Commercial Volumes (HCAADT) Existing AADTs for heavy commercial vehicles (HCAADT) volumes were also obtained from MnDOT. This data is current for year 2018. These volumes, shown in Figure 3, are an estimate of the total number of heavy commercial vehicles using a road (in both directions) on any given day of the year. The HCAADT represents the total number of heavy commercial vehicles per year divided by 365 days and is developed using factors to adjust for season. Per MnDOT, heavy commercial vehicles are defined as all trucks with at least two axles and six tires. z 00Z1 B Fj (-wove 0cs J� 6 F- 0 N nf� m i 2 hAl o {L40L'f.0.56E o, 520ULI2017f nr �� t0z1006 iiGtia ! ojlj 00-2) 00pZ n ,r�a21� iG,L0Z1 00� . [LIOZ 00h8 a„ ^i A N 'a IL �7 ry �I N 4 ' N N� L. O 0 r. r f�� i Q cL _ Y ti ti1 G G h N 0 0 N G n 0;1 M d aogGt-0 - SLL0z 96 4 Q O 42 v m ti (,CtpGf 055C 0 M 4 ti a E m N T 9 Q � d 3 ti yq coo w 050Z (LLOZ� 056L! S1101) 09ZZ m N Q E �I: o a o � O ti fA Q b � (SWZI Si+C 3H (BtoZ} 09£ JN Ntoz) Dig aH 91 o 0 n N L C E, ru c d 4 _ C W a M i SBtazi aca DA M (ataa) assco *`mod' Lx rn 0 m m a �. E m co 3 ❑ ti Q v � Q LU ►i N Q E 0 E Q m r L) co O N ^0) i H W ca O 0 NO C w Z � L O O U O _0 O co U co W O s � U ^Co � C L = U LEF O c H U John Brunkhorst, PE McLeod County Streetlight Origin -Destination Data November 7, 2019 Page 6 StreetLight O-D data processes navigation GPS data that is obtained from connected cars and trucks, navigation guidance applications, cell phone GPS locate data, and commercial fleet management data. The StreetLight data sample size is substantially larger than traditional O-D analysis methods, such as license plate surveys. Data was broken down by personal vehicles and commercial vehicles (i.e., single -unit trucks plus semi -tractor trailers) to see how commercial vehicle and personal vehicle traffic patterns differ. With input from McLeod County, multiple zones were created around the City grouping them by quadrant. Six quadrants were identified to best capture traffic patterns in the area. MN-15 was assumed to be the east -west divider in the city and MN-7/MN-22 were assumed to be the north - south divider. Data obtained for use in this study are presented in Tables 1 and 2, which identifies the percentage of traffic traveling from one quadrant to another. It was assumed traffic originating from or destined to the "City" were not included as this traffic would not use the new NE ring road. Table 1. Streetlight 0-D Percentages for Personal Vehicles From \To NW Quadrant SW Quadrant S Quadrant SE Quadrant E Quadrant N Quadrant NW Quadrant --- 3% 11% 21% 32% 1% SW Quadrant 19% --- 3% 3% 9% 24% S Quadrant 13% 0% -- 1% 5% 80% SE Quadrant 25% 0% 1% -- 1% 8% E Quadrant 28% 1% 2% ^ n' -- 3% N Quadrant 0% 3% �8O/c 7% 3% -- Table 2. Streetlight 0-D Percentages for Commercial Vehicles From \To NW Quadrant SW Quadrant S Quadrant SE Quadrant E Quadrant N Quadrant NW Quadrant --- 2% 4% 7% 14% 2% SW Quadrant 6% --- 1% 1% 2% 2% S Quadrant 23% 2% - 3°/ 11% 60% SE Quadrant 7% 0% - 1% 5% E Quadrant 11% T TO/ -- 1% N Quadrant 1% 1% 10% 5% 2% -- The above StreetLight data was validated by estimating the existing daily volume on the SW ring road and comparing the volume to the existing published AADT. John Brunkhorst, PE November 7, 2019 McLeod County Page 7 Traffic Projections When new roadways are constructed, travel patterns change. Drivers select their new route based on the change in travel time and/or distance. Research has produced methods that can be used to predict the percentage of traffic that would shift to the new roadway. For this study, three methods were used to compare the change in time and distance between each quadrant, as shown in Table 3. Table 3. Expected Traffic Shifts (%) to NE Ring Road Origin to Existing New Existing New Method Method Method Average N Quadrant Travel Travel Travel Travel 1 2 3 (% shift) Time Time Distance Distance (% shift) (% shift) (% shift) (min) (min) (miles) (miles) S Quadrant 9 9 3.5 6.7 9% 50% 50% 37% SE Quadrant 9 8 6.1 5.6 72% 65% 67% 67% E Quadrant 7 6 5.4 5.1 70% 69% 72% 71% Note: Method 1 is the California Time and Distance Curves, Method 2 is "Easy" Ratio Method, Method 3 is AASHTO Curve Method. Streetlight O-D data was applied to existing traffic counts to estimate the amount of traffic that would use the new roadway using the following process: 1. Applying the Streetlight O-D data to existing traffic volumes by quadrant to determine the actual traffic volumes traveling between quadrants. 2. Applying the average percentage of "traffic shift" making the trips from quadrant to quadrant to the actual traffic volumes traveling between quadrants. 3. Summing the total traffic shifted to the new NE ring road. The following assumptions were included: 1. Regardless of change in travel time or distance, it was assumed that 95 percent of heavy commercial traffic would use the ring road. This is because the future reconstruction of MN-15 through downtown will reduce travel lane widths to improve pedestrian and bicycle safety and mobility. This provides a "less comfortable" atmosphere for trucks. 2. No traffic using the existing NW or SW quadrants would use the NE quadrant ring road. 3. Existing drivers that already "bypass" MN-15 in downtown using 5th Avenue/Michigan St/MN-22 were not included in the NE quadrant ring road projection because the StreetLight data showed this as a low sample size. Projected traffic from quadrant to quadrant are summarized in Figure 4 along with the expected total usage of the new NE ring road. John Brunkhorst, PE November 7, 2019 McLeod County Page 9 Findings & Recommendations Based on the traffic pattern evaluation with existing traffic volumes and Streetlight O-D data, the projected traffic on the proposed NE ring road is approximately 1,800 AADT with approximately 220 being trucks (or just over 12%). This ADDT would be similar to what is currently using the SW ring road (1,250 to 2,050 AADT). Traffic along MN-15 (between the N and S quadrants) is the largest movement which means it has the most influence on the projected volume for the NE ring road. If only method 1 was used instead of an average to estimate traffic shifts, the assumed percentage of users on MN-15 would be significandy less with a total of approximately 1,000 AADT on the new roadway. However, with the lower shift in traffic there would still be more than 200 heavy commercial vehicles per day that could be removed from downtown. Based on the review of projected traffic levels for the proposed NE ring road, this study recommends proceeding with further study of the ring road since the projected traffic levels are consistent with existing traffic levels using the SW ring road, which was defined as the metric for determining the new roadway "feasible". H.\Projects\11000\11262\TraffStudy\Forts\V2\HutchinsonNERingKoadUsage 2019-11-07.docx SRFNo. 11262.PP January 13, 2020 Mr. John Brunkhorst, PE County Engineer/Public Works Director McLeod County Public Works 1400 Adams Street SE Hutchinson, Minnesota 55350 Subject: Proposal for Professional Services for Hutchinson NE Ring Road Alternatives Study Phase 2 — McLeod County, Minnesota Dear Mr. Brunkhorst: Based on your request, SRF Consulting Group, Inc. (SRF) is pleased to submit this proposal to provide professional services for identifying feasible alignments for a potential northeast ring road for the City of Hutchinson. The goal of Phase 2 of the Northeast Ring Road Alternatives Study is to review previous alignment evaluation work completed and update the evaluation, visualize feasible alignments and engage the public in the options, update previous cost estimates, and identify 2-3 potential ring road alignments for long-term consideration. Additionally, connections to TH 15 and TH 7 will be reviewed to determine if traffic control changes are needed. Key findings and recommendations, as well as potential next steps, will be identified and documented. Scope of Services We propose to carry out the work ("Scope of Services"), set forth in Attachment B, attached hereto and incorporated into this Agreement. Schedule We will complete this work within a mutually agreed -upon time schedule. Basis of Payment/Budget We propose to be reimbursed for our services on an hourly basis for the actual time expended. Other direct project expenses such as printing, supplies, reproduction, etc., will be billed at cost and mileage will be billed at the current allowable IRS rate for business miles. Invoices are submitted on a monthly basis for work performed during the previous month. Payment is due within 30 days. Based on our understanding of the project and our scope of services, we estimate the cost of our services not to exceed $59,005, which includes both time and expenses. www.srfconsuIting.com 1 Carlson Parkway North, Suite 150 1 Minneapolis, MN 55447-4453 1763.475.0010 Fax: 1.866.440.6364 An Equal Opportunity Employer Mr. John Brunkhorst, PE McLeod County Public Works January 13, 2020 Page 2 Changes in the Scope of Services It is understood that if the scope or extent of work changes, the cost will be adjusted accordingly. Before any out -of -scope work is initiated, however, we will submit a budget request for the new work and will not begin work until we receive authorization from you. Standard Terms and Conditions The attached Standard Terms and Conditions (Attachment A), and Scope of Services (Attachment B), together with this proposal for professional services, constitute the entire agreement between the Client and SRF Consulting Group, Inc. and supersede all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. Acceptance/Notice to Proceed A signed copy of this proposal, mailed or emailed to our office, will serve as acceptance of this proposal and our notice to proceed. The email address is Wmass0asrfconsulting. com. We sincerely appreciate your consideration of this proposal and look forward to working with you on this project. Please feel free to contact us if you have any questions or need additional information. Sincerely, SRF CONSULTING GROUP, INC. LeifAGarns, P , TOE Principal Attachment A: Standard Terms and Conditions LG/ko Approved: (McLeod County Public Works) (signature) Name Title Date This cost proposal is valid for a period of 90 days. SRF reserves the right to adjust its cost estimate after 90 days from the date of this proposal. S:\Marketing\Proposals\2019 Letter Proposals\ 11262.PP Hutchinson NE Ring Road\ 11262PPHutchinsonNER:bgRoadP2retrseddocx ATTACHMENT A STANDARD TERMS AND CONDITIONS The Standard Terms and Conditions together with the attached Proposal for Professional Services constitute the entire Agreement between the CLIENT and SRF Consulting Group, Inc. ("SRF") and supersede all prior written or oral understandings. This Agreement may only be amended, supplemented, modified, or canceled by a duly executed written instrument. 1. STANDARD OF CARE a. The standard of care for all professional services performed or furnished by SRF under this Agreement will be the care and skill ordinarily used by members of SRF's profession practicing under similar circumstances at the same time and in the same locality. SRF makes no warranties, expressed or implied, under the Agreement or otherwise, in connection with SRF's service. b. The CLIENT shall be responsible for, and SRF may rely upon, the accuracy and completeness of all requirements, programs, instructions, reports, data, and other information furnished by CLIENT to SRF pursuant to this Agreement. SRF may use such requirements, reports, data, and information in performing or furnishing services under this Agreement. 2. INDEPENDENT CONTRACTOR All duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of the CLIENT and SRF and not for the benefit of any other party. Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or SRF. SRF's services under this Agreement are being performed solely for the CLIENT's benefit, and no other entity shall have any claims against SRF because of this Agreement or the performance or nonperformance of services hereunder. 3. PAYMENT TO SRF Invoices will be prepared in accordance with SRF's standard invoicing practices and will be submitted to the CLIENT by SRF monthly, unless otherwise agreed. Invoices are due and payable within thirty (30) days of receipt. If the CLIENT fails to make any payment due SRF for services and expenses within forty-five (45) days after receipt of SRF's invoice thereafter, the amounts due SRF will be increased at the rate of 1-1/2% per month (or the maximum rate of interest permitted by law, if less). In addition, SRF may, after giving seven days written notice to the CLIENT, suspend services under this Agreement until SRF has been paid in full of amounts due for services, expenses, and other related charges. 4. OPINION OF PROBABLE CONSTRUCTION COST Any opinions of costs prepared by SRF represent its judgment as a design professional and are furnished for the general guidance of the CLIENT. Since SRF has no control over the cost of labor, materials, market condition, or competitive bidding, SRF does not guarantee the accuracy of such cost opinions as compared to contractor or supplier bids or actual cost to the CLIENT. 5. INSURANCE SRF will maintain insurance coverage for Workers' Compensation, General Liability, Automobile Liability and Professional Liability and will provide certificates of insurance to the CLIENT upon request. 6. INDEMNIFICATION AND ALLOCATION OF RISK a. To the fullest extent permitted by law, SRF agrees to indemnify and hold harmless the CLIENT, their officers, directors and employees against all damages, liabilities or costs (including reasonable attorneys' fees and defense costs) to the extent caused by SRF's negligent acts under this Agreement and that of its subconsultants or anyone for whom SRF is legally liable. b. To the fullest extent permitted by law, the CLIENT agrees to indemnify and hold harmless SRF, their officers, directors and employees against all damages, liabilities or costs to the extent caused by the CLIENT's negligent acts under this Agreement and anyone for whom the CLIENT is legally liable. 7. TERMINATION OF AGREEMENT Either party may at any time, upon seven days prior written notice to the other party, terminate this Agreement. Upon such termination, the CLIENT shall pay to SRF all amounts owing to SRF under this Agreement, for all work performed up to the effective date of termination. 8. OWNERSHIP AND REUSE OF DOCUMENTS All documents prepared or furnished by SRF pursuant to this Agreement are instruments of service, and SRF shall retain an ownership and property interest therein. Reuse of any such documents by the CLIENT shall be at CLIENT's sole risk; and the CLIENT agrees to indemnify, and hold SRF harmless from all claims, damages, and expenses including attorney's fees arising out of such reuse of documents by the CLIENT or by others acting through the CLIENT. Page 1 of 2 (MN Standard Terms and Conditions) Rev: March 5, 2014 9. USE OF ELECTRONIC MEDIA a. Copies of Documents that may be relied upon by the CLIENT are limited to the printed copies (also known as hard copies) that are signed or sealed by SRF. Files in electronic media format of text, data, graphics, or of other types that are furnished by SRF to the CLIENT are only for convenience of the CLIENT. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. b. When transferring documents in electronic media format, SRF makes no representations as to long-term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by SRF at the beginning of this Assignment. c. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. d. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of this data's creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within sixty (60) days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the sixty (60) day acceptance period will be corrected by the party delivering the electronic files. SRF shall not be responsible to maintain documents stored in electronic media format after acceptance by the CLIENT. 10. FORCE MAJEURE SRF shall not be liable for any loss or damage due to failure or delay in rendering any service called for under this Agreement resulting from any cause beyond SRF's reasonable control. 11. ASSIGNMENT Neither party shall assign its rights, interests or obligations under this Agreement without the express written consent of the other party. 12. BINDING EFFECT This Agreement shall bind, and the benefits thereof shall inure to the respective parties hereto, their legal representatives, executors, administrators, successors, and assigns. 13. SEVERABILITY AND WAIVER OF PROVISIONS Any provisions or part of the Agreement held to be void or unenforceable under any laws or regulations shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the CLIENT and SRF, who agree that the Agreement shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. Non -enforcement of any provision by either party shall not constitute a waiver of that provision, nor shall it affect the enforceability of that provision or of the remainder of this Agreement. 14. SURVIVAL All provisions of this Agreement regarding Ownership of Documents and Reuse of Documents, Electronic Media provisions, Indemnification and Allocation of Risk, and Dispute Resolution shall remain in effect. 15. DISPUTE RESOLUTION If negotiation in good faith fails to resolve a dispute within the thirty (30) days of notice of the dispute, or time period specified by applicable law, then the parties agree that each dispute, claim or controversy arising from or related to this Agreement or the relationships which result from this Agreement shall be subject to mediation as a condition precedent to initiating legal or equitable actions by either party. Unless the parties agree otherwise, the mediation shall be in accordance with the Commercial Mediation Procedures of the American Arbitration Association then currently in effect. A request for mediation shall be filed in writing with the American Arbitration Association and the other party. No legal or equitable action may be instituted for a period of ninety (90) days from the filing of the request for mediation unless a longer period of time is provided by agreement of the parties. Cost of mediation shall be shared equally between the parties. Mediation shall be held in a location mutually agreed upon by the parties. The parties shall memorialize any agreement resulting from the mediation in a mediated settlement agreement, which agreement shall be enforceable as a settlement in any court having jurisdiction thereof. 16. CONTROLLING LAW This Agreement is to be governed by the law of the principal place of business of SRF. 17. SITE SAFETY SRF shall not at any time supervise, direct, control or have authority over or charge of, nor be responsible for, the construction means, methods, techniques, sequences or procedures, or for safety and security precautions and programs in connection with the work performed by any Contractor for the Project, nor for any failure of any Contractor to comply with laws and regulations applicable to such Contractor's work, since these are solely the Contractor's rights and responsibilities. SRF shall not be responsible for the acts or omissions of any Contractor or Owner, or any of their agents or employees, or of any other persons (except SRF's own employees and consultants), furnishing or performing any work for the Project, except as specifically outlined in SRF's scope of services. 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O C y�• N _i Z IL (`j p y cri nn Q aai m U a a m I- _ o > c a t Vo a w c z E o m ?: co E w a'w °Ji fO w' u� m> y Q Lu o a:e > 0 rL a >> W O W N a N W- n D O �uav E C m O O ._ O O 10 +' Z a o DULL ¢ 0 ¢OvmmO oMU 3 o nc`,+0 o z � M C6 O v a -I N M v v v O ui s-I N ui ui m Z 00 LL c ai � N •0 N In 5 a d m a W U W W � N = LL a° W U N co V 0 m Ib O a N O N 9 M 0 40 N O v N N •l 11 v v It o 0 0 co N N O O O V N N N ei cl O Nco r m m iR m 4& 0 0 0 0 N 1 a o N to M BciO d rl O � cl ci p Ln f» is of r W .H en u N o o lO o DD ai M O Ino0o d u> fn un N iA N N N 0 O O O U U U O O o ai O Oo ci V 4 L N > 'c a E y y N Y 0 0 1O C C U 0 N C a U E U O N U_ C O N O f0 0«= ai 3 8 c "' ii 0 W ym. o 0 7 c w d a fl h'� N £ E c 0 0 N d W n .... N N 2 c .- (6 ~ 0_ N r C C t=n O m U E a E m � ~ 0 1O c ° 'n E- 3 A m coy E m Y m E '� 0 o aF ~ W« m E c T E U IV M W w N a u N n N h0 «to�. N C C y o- C J C U N F E = y N E O U W U E J F co Z uj u N > N a E E W= N U y e 0 y => .W N C = t Fmk W f% p xa W 1d( `+� LL u u N c y «`y N .G N O '00 «� Taai �-' a j N E w c o c Cg E N p �a ' uD w OF�� g W a CD acis« ,�� «� w m' c ¢ o � E W � n 3 �� c a-g w Q a a Q ` No. U « o ? w ii p U' p to t� O Z Z O O CL u Cj f0 o 0, a) 0 ri 3 0 9 9 a; m c m o_ a�i m E W �_ Z Z a YI Z H C. Z c Q c c c a c"i WE -0 cc x c O t 0 c a ID '° m= Ea in m¢ �¢m¢ U 0 LMU 3 `Z° m M �' = C N E? Z O g O W JO C 03 �O V N N chi u�i 10 t D� c H> c m m �i O> m a 0 IL a s c w w w w > C Z f « 0 O c F F F y .00 N L C V = N C C j O N C« O U 10 C fA N 0 tp n E N y e= a i W F H Q F O H J 2 J CO F' +' Z @« U (0 W O 0. _- W C N W H G o �1 d lO � Nd 0= O Q W W H W Z d LL N c ° M O ei N M LL C N ui dD cC c4 <G Cr N O fli U a Z 2 HRA HUTCHINSON HOUSING AND REDEVELOPMENT AUTHORITY Regular Board Meeting Tuesday, December 17, 2019, 7:00 AM Minutes 1. CALL TO ORDER: Vice Chair Steve Jensen called the meeting to order. Members Present: Gary Forcier, Eileen Henry and Nikki Willemssen. Staff Present: Jean Ward and Judy Flemming. a. Approve the Hutchinson HRA Regular Board Meeting agenda and any agenda additions and/or corrections. Gary Forcier moved to approve the agenda as presented. Nikki Willemssen seconded and the motion carried unanimously. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON NOVEMBER 19, 2019 Nikki Willemssen moved to approve the Minutes of the regular board meeting as written. Gary Forcier seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Nikki Willemssen moved to approve City Center General Fund payments of $28,655.55 for checks 9081 to 9088. Eileen Henry seconded and the motion carried unanimous. b. Nikki Willemssen moved to approve City Center November 30, 2019 financial statements. Gary Forcier seconded and the motion carried unanimously. c. Nikki Willemssen moved to approve the Park Towers Operating Account payments of $37,048.72 for checks 14825 to 14846. Eileen Henry seconded and the motion carried unanimous. d. Nikki Willemssen moved to approve the Park Towers security deposit payments of $666.56 for checks 1580-1581. Eileen Henry seconded and the motion carried unanimous. e. Nikki Willemssen moved to approve the October 2019 Park Towers financial statements. Gary Forcier seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Report: 3 vacant units at the beginning of the month but one is filled and working on filling the others off the waiting list. The occupancy percent should be 99% at end of the year. b. Jean Ward reviewed with the Board the Park Towers' December Newsletter. c. Gary Forcier moved to approve Resolution #2019-12 Resolution to Void Check #14617 for $161.07. Nikki Willemssen seconded and the motion carried unanimously. d. Nikki Willemssen moved to approve Resolution #2019-13 Resolution to Write off Uncollectible Accounts. Gary Forcier seconded and the motion carried unanimously. e. Nikki Willemssen moved to approve Resolution #2019-14 Resolution to Approve Removal of Items from Park Towers Depreciation Account. Gary Forcier seconded and the motion carried unanimously. f. Jean Ward updated the Board on new AT&T request to replace (6) existing antennas with (6) new model antennas. She will be talking to Marc Sebora if an amendment is needed. December 17, 2019 Minutes Page 1 of 2 g. Gary Forcier moved to leave the AT&T Cell Site Lease as is without any changes. Eileen Henry seconded and the motion carried unanimously. 5. RAD UPDATE — CHAP Award Jean Ward reviewed with the Board: • Timeline: Concept call 5/20/20, Financing Plan 7/19/20, Closing 11/16/20 • Next immediate steps: remove units from PIC (waiting for HUD Minneapolis field office), schedule next tenant RAD informational meeting, create a policy on the phasing - out of the flat rents. • On -site Environmental Inspection December 3'd; report pending. • Submitted samples to City Attorney for PILOT revision and review. • Submitted subordination request to MH. • Submitted documents to the RAD Resource Desk: Tract Title Search, Executed FHEO, Capital Needs Assessment Documents, and Title Opinion letter from City Attorney • RAD Update e-mail 6. REVIEW OF POTENTIAL MULTIPLE FAMILY HOUSING SITES Jean Ward updated the Board on potential multiple family housing sites and her discussion with a developer. 7. 2019 FORECLOSURE SALES Jean Ward reviewed with the Board the year end 2019 Hutchinson Foreclosures. 8. COMMUNICATIONS — FYI: new computers installed at Park Towers. 9. JANUARY HOLIDAY BREAKFAST SELECTION The Board selected sausage egg bake. 10. ADJOURNMENT Gary Forcier moved and Eileen Henry seconded to adjourn. There being no other business, Vice Chair Steve Jensen declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Gary Forci4, Secretary/Treasurer December 17, 2019 Minutes Page 2 of 2 Public Arts Commission Minutes December 11th, 2019 5:30 Hutchinson Library In Attendance: Greg, Jackie, Kay, Patrick, Steve 1. Approve minutes from November 13th: Motion by Jackie, Second by Kay. Passed 2. Dave Wegscheid — Farmers market mural update: Nothing new. 3. Sculpture Stroll: a. 2020 Call for Art Update i. Advertise 1. MN Artists 2. Regional arts board Facebook pages 3. Artist Email List a. New artists contact info 4. Sculpture Stroll and city Facebook ii. Artists Responses 1. 3 submissions so far, interest expressed by 7 other artists so far. iii. Victor Yepez inquired about our interest in keeping Biker for another year (with regular stipend). Steve replied that PAC will discuss, but we will likely have to see what other pieces are submitted for the upcoming session. iv. Updates from inquiries to motels (Greg & Kay). Greg checked with Cobblestone, but we would need more definite dates. Discussed possibly providing a voucher. Steve will check with the city to see what might be possible. b. Facebook updates i. Steve and Jackie have been added. 1. Plan to make regular posts (at least once a week). 4. Pillars a. Grants: Steve contacted Burich Foundation — application due in early January. Steve will work on the week of Dec 16 and post on google docs. b. Nick Legeros — Nick will provide tree sketches in January. c. Still to do i. SMAC Grant (Due March 25tn) ii. Information plates cost iii. Time capsule cylinders —school? d. Time capsule process. Discussed examples of possible subjects for each value. Discussed that perhaps the Leader could help facilitate. Having a booth at community festivals could be another way to engage the public. Encouraging students Steve will check with Historical Museum staff about what type of cylinder material, paper, writing material, etc will work best and thoughts on how much to include. Discussion to continue. 5. Next Meeting: January 8th, 6:00 (Due to other room usage) HUTCHINSON CITY COUNCIL Ci=y�f Request for Board Action 79 =-W Agenda Item: December 2019 Financial and Investment Reports Department: Finance LICENSE SECTION Meeting Date: 1/28/2020 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff ❑ Governance Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attached are the preliminary 2019 financial reports for the General fund and Enterprise funds. Additional revenue and expenditures will be coded back to 2019 over the next month as we finalize the books. I will submit for the March 10 council meeting another set of preliminary financial reports that will provide a much more complete picture of the 2019 operations. I will also submit my annual narrative of each fund's operations at that time. I prepared a General fund forecast back in November that indicated a 2019 surplus in the range of $225,000 to $250,000. At this point, I have no reason to believe that our final surplus will be any lower than that range, and most likely higher. A $250,000 surplus would increase our fund balance from 55.2% to 55.7%. Revenues for all of the Enterprise Funds exceeded budgeted expectations. While we saw sales increases in each of the funds, we also saw a substantial increase in interest earnings. Expenses within the funds were mostly in line with the budget. Where we saw higher than budgeted expenses were in funds with significant capital expenditures, such as Water and Storm Water. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: 0 Z U O r O N U M 0 W Ow a t) LU LU wo NW I.L Q Z Z LU a0_ LUULPL W oa a W Z W W w I- O LU N m a J Q 00 F- O QN W LU U m J_ Q Q Q Q m a F- w W m LU U W 0 M O M 0 O'T rl- M O O CO 0 0 0— 0 CO O O— M O N O CO O LO CO m 0 0 0 � O O — LO LO O O ' «) «) C'') «) O O «) «) O co CO LO M M LO � — N N O M LO O O N rl- O �O— OOr-r-M LO O O — � M ' r- 00 0 Lf) C'') O O Lf) 0 0 0 O —� O LO � — N co co LO co O I— O O LO of rl- m C7 LO ti C) i O rl- N O O O O M — 00 O N O 0 0) « N r- M — CO N LO N 00 00 N r'- O — N ' O O 00 N N r-: r- — N N v LO O O CO rl- O LO O O O O LO LO O rl- O O O N O 00 LO — O ' NL-000r-r-O N — — r- CO — O LO LO — N N N O rl- 0 0 LO M r- 0 N ' O LO LO O M O 0 LO — N N o�c�aom�rnm �aornoMr�o LO N M r- 0 ' 0 f� 00 CO O f� 0 N N O O O 00 O NI O CO O 0 rl- O rl- 0) O O O O M O 0) O 0) � r- 0) 00 O 0) 00 00 00 00 r- N N O O N 00 r- 00 O) N — O O r C) W CD 0000 � 000 (D LO LOD N It N r 00 N M r .� NO ';I- M O) 00 N 0 00 O r- N O N r- 00 C� CO Lf) ;i ;i O — — ti 00 LO LO N LO � O � N N CO 0 00 LO LO LO r LO M r 00 N M r co - CO�mOr- I�t of 0) Co rn r- C) LO w 0) O O) 00 00 O r- 0) 0) — O 0 CO 0 M q* rn 0)00-- (0 It q* 00 00 0 rl- co ' LO O r Lf) Lf) O C'') Lf) r_ ti r Lf) r- N O r- ti N co q* q* M M 00 N O O O M O CD ti O LO N 0) 0) O ti O CfloLo -o * o N 0 r- LO N O — N O r 00 00 00 0 M N M r 00 N M r O- 0) N 00 0 CO 0 LO q* 00 00 Lf') 0 (9Lf) ti r 00 0 0 — LO — r- ti r CO 0) � LO t O — q* N O r- 00 LO LO 00 N M r 00 N N r LO O co N 00 O It O N M M N ' N Lf) ti N C'') Lf) N 00 r O O O LO O co N O O N N ti N — I r a� cn W 7 N N z 7 W LU(6'L cOi > N N .O LY c J U) � m Xoff E (U " 0 O� O 0 L ca v� 0 0� co L U H o (U06 0 H0E U O N N � O O O > O > UO Y C U N — U ._ N UO N O O (x6 O E N N N E C Y 0 U � � (6 co (�E co 0 O O Q (U 7 N — — J C N N L i C U > — E c � O E N O co c6 (U U N OHO N > .O boa U o T E CDE o N m M O O � co N N N > '0 E Z > 7 N -0 E O ca > N 0) N N O cn c6 O N O O O U C (6 U Z C N U N O U ( -0 U Q O N N Q 'O N m(n Z N E wm ax) f o ° aU U 3 N 0 — 0 0 (6 N O E �(U >Mo 0 "O C (6 (6 (6 aU m .o _0 N N Q 3 x 0-E O v 0 p X -0 O O N — 00 CD O O U N C f= 2 O - N (6 O m O N C fn m - Li O LO N U Q O � > x N U c�� > N O N co > Q oU > U N Q U) J — m O O E � O O � 7 O � au� O — � --� _ � _ O (U CD = -,I- 0 H� m 3:- U m He» cn LU O W E i O- LULU d Z N ca 0) N a) 0-X 0) x W LUU > X m� 06 O06N O D N W_ J LU m N N N m � HU O H LU� w y �_ c a� c� ayi � .� a� > � 06 00 06 U) U) O ~ z O J U U)U U —6 N Q ._ N U) C 0) C ._ Q Z 0 Z U O r _ 0 N U M O � 0 MW Nr /1f1 LPL OW a t) W W wo W (j Z_ Q Z Z W a.0_ W R W oa Z a W M Z W W w F- 00 CD Q T Q W N CO U) 0 F- O 'LU T A N Q m Q F- w LU m W U LU Q N 00 Lq � O O cl Lq N cl Lq 00 CO cl CO f' ['� Lq Lq C' 00 00 f� C' N CO Lq 1;:� 7 N O 00 00 6) CO O O fl- M— CO 00 LO LO N N N O 00 f— M f— ��— r- O f— 6) M O 0) m m CO 6) O O O m 00 O O m� m m 6) 6) O 6) m m O m O O m O 00 00 O O 0) N O O f— N— 00 N 00 CO LO ';I- 0 0 00 N f— CO 6) CO 6) 00 � M 00 O— — f— 0 c � N O O N CO CO LO— 00 LO— 6) 00 O LO M 00 00 M M f— r— 00 M O LO M�—��� C O lr 00 00 N Lr Lr N C') 00 00 O O (9 C') Lr r- 00 N 00 ( O r- Lr M O O M M M�— M O O f— -- N O N LO f— N O� M M LO M CO CO M M- O N LO M M— � M M M— N— M M LO M CO � M M O N LO N— M — f— W CO N M— LO— M M m m - LO N N m m N N N M N N CO O CO — f— r— LO CO N LO CO N LO CO CO f— O LO N� CO f— CO O O 00 O N LO M LO CO CO r- � 6) 6) LO 00 N (0 N CO LO�� LO 00 LO N r- M O 0) LO 6) 00 ; 00 LO— r- 00 r N CO CO CO — CO —� LO r- M O� r— LO— M W L M L r � L C'') 6r 00 f_ O O 00 00 C'') O ( CO L � L M L r- 00 CO f— C'') ti � O— LO LO CO —� M (D � O— — O M N O L M CO M M LO N — � N f— N CO N M - M m m - C N N m 00 N N N M N M � - M 7 N 6� N N O O 00 L r. 00 f. 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EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Daron Vanderheiden Chad Czmowski Mary Christensen Jeremy Carter, ex-officio Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:33 AM. II. Approve Agenda III. Review Minutes a. October 16t" Finance Team meeting: M/S/P: Cannon, Stearns to approve the minutes as written. Passed unanimously. Economic Development Authority Financial Summary through November 2019 Operations Cash Available $157,814 Reserved $56,736 Unreserved $100,600 Economic Development Loan Fund Cash Available $43,091 Redline Systems Balance $6,826 Ashwill Industries Balance $7,082 Zephyr Wind Services $98,966 Laser Dynamics Balance (forgivable) $23,000 Innovative Foam Balance (forgivable) $14,355 Advances to other funds (Enterprise Center) $292,146 Downtown Revolving Loan Fund Cash Available $551,201 Loans Receivable $361,504 Capital Assets $201,329 Total Assets $1,114,035 MIF Loan Fund Cash Available $4,142 MOXY Loan Receivable $16,192 Enterprise Center Fund Cash Available $31,729 SHOPKO TIF District (TIF 4-5) Cash Available $148,538 Interfund Loans Receivable $478,307 MEDICAL CLINIC TIF District (TIF 4-16) Interfund Loan Payable $311,459 b. October 23rd EDA Board Meeting M/S/P: Czmowski, Christensen to approve the minutes as written. Passed unanimously c. November 20t" Finance Team meeting M/S/P: Stearns, Cannon to approve the minutes as written. Passed unanimously IV. Review of EDA Financial Statements Finance Director Andy Reid provided an update on the EDA financials. (Please refer to table) EDA should end the year in the black. M/S/P: Block, Czmowski to approve the financial report as presented. Passed unanimously. V. Director's Report A Marketing Plan Facebook updates = 6 Twitter activity = 6 Website updates = 0 Social media has 326 likes on Facebook and 90 followers on Twitter. B Business Recruitment / Expansions Staff updated the board on recent contacts and conversations. C BR & E visits Staff provided updates on visits to local companies. D Uponor Street Project Obtaining UPONOR employment info for DEED to get reimbursed for the project. E DALADO Property Purchased by local investment group. F Clinic Site Redevelopment FEMA grant submitted. Being reviewed at State level. G Civil Air Patrol Base Development agreement being negotiated. H TigerPath Staff reported on conferences attended, TigerPath 2.0 Conference, Jacket Manufacturing, Heart of America Foundation opportunity & EDAM Summer conference presentation. VI. Company Prospect ■ Staff provided an update on the status of the company. ■ Discussion of the opportunity it would represent for Hutchinson ■ Discussion of possible incentives and resources we can utilize. M/S/P: Cannon, Block to authorize sale of the proposed lot for $1 along with $100,000 for site improvements. Passed unanimously. VII. Consider Downtown Program Updates A. Sign & Awning Grant Program B. Commercial Rehabilitation Loan Program Staff reviewed proposed modifications for both programs. Discussion followed. M/S/P: Stearns, Christensen to adopt the proposed rules changes for both programs. VIII. Hutchinson EDA 2020 Budget Staff provided an overview of the proposed EDA 2020 budget. Discussion. M/S/P: Czmowski, Cannon to adopt the proposed budget for 2020. Passed unanimously. IX. Enterprise Center 2020 Budget Staff provided an overview of the proposed 2020 budget for the Enterprise Center. Discussion followed. M/S/P: Czmowski, Cannon to adopt the proposed budget for 2020. Passed unanimously. X. Grant & Loan Program Applications Sign & Awning Grant Program Healthsource Chiropractic —Adam Fink 233 Hassan Street S. $1,000 M/S/P: Cannon, Christensen to approve the grant request. Passed unanimously. Outdoor Motion — Chad Czmowski 141 Main Street South $640 M/S/P: Cannon, Stearns to approve the grant request. Czmowski abstained. Passed unanimously. Facade Improvement Grant Outdoor Motion Bldg. — Brett Oman 1414 Main Street S. $2,215 M/S/P: Block, Stearns to approve the grant request. Czmowski abstained. Passed unanimously. XI. Other Business A. Board members requested an update on the progress of Enterprise Center companies. Staff will provide a detailed report next month & invite Jessi Boike, SBDC Counselor, to attend as well. B. Discussion of transferring dollars from the MIF Loan Fund to the Enterprise Center Fund to reimburse for the cost of the monument sign. Item to be placed on next month's agenda. C. Miles on vacation December 23rd - January 3rd XII. Set Next Meeting — 11:30 AM Wednesday, January 22nd, 2020. XIII. Adjourn M/S/P: Stearns, Czmowski to adjourn the meeting at 12:52 PM. Passed unanimously. Respectfully Submitted, Miles R. Seppelt EDA Director MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, August 20, 2019 5:30 p.m. 1. CALL TO ORDER 5:30 P.M. The August 20, 2019 Planning Commission meeting was called to order by Vice Chairman Lofdahl at 5:30 p.m. Members in bold were present Chairman Wick, Vice Chair Lofdahl, Commissioner Garberg, Commissioner Wirt, Commissioner Sebesta, Commissioner Hantge and Commissioner Forcier. Also present were Dan Jochum, City Planner, Kent Exner, City Engineer, John Olson, City Public Works, John Paulson, City Environmental Specialist, Marc Sebora, City Attorney and Andrea Schwartz, City of Hutchinson Permit Technician 2. PLEDGE OF ALLEGIANCE 3. CONSENT AGENDA A. CONSIDERATION OF MINUTES DATED JULY 16, 2019. Motion by Commissioner Garberg. Second by Commissioner Wirt. Motion approved. Motion to Approve — Motion to Reject 4. PUBLIC HEARINGS A. CONSIDERATION OF A VARIANCE TO REDUCE A FRONT YARD SETBACK LOCATED AT 700 SHADY RIDGE RD NW. Dan Jochum, City Planner addressed the Commission and gave a brief overview of the project. Mr. Jochum then covered the staff report. Commissioner Garberg questioned what the side yard setback is. Mr. Jochum answered 8 feet. This also does not qualify as a corner side yard because this is a continuous street going through. Commissioner Hantge questioned if the curb cut driveway would change. The current ordinance allows 24 feet at the property line. If the applicant needs something wider they can only widen after the property line. Commissioner Garberg asked if the sight line would be obstructed. Mr. Jochum answered no. There is foliage on the property that is closer to the street. Minutes Hutchinson Planning Commission August 20, 2019 Page 2 Motion by Commissioner Wirt, second by Commissioner Garberg to close hearing at 5:43 p.m. Motion by Commissioner Hantge to approve. Second by Commissioner Garberg. Motion approved. Items will be on City Council consent agenda on 08/27/2019. Motion to close hearing — Motion to approve with staff recommendations — Motion to reject 5. NEW BUSINESS A. NONE 6. UNFINISHED BUSINESS 7. COMMUNICATION FROM STAFF A. UPCOMING MEETINGS — do not currently have any applications for the September meeting. B. Attendance Policy — do we need to start an attendance policy for Commission Members? We need to make sure we always have a quorum. 8. ADJOURNMENT Motion by Commissioner Wirt, Second by Commissioner Hantge to adjourn at 5:52 p.m.