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cp06-12-2018
C Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350-2522 320-587-515]/Fax 320-234.4240 CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, June 12, 2018 4:00 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, June 12, 2018, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 1 1 1 Hassan Street SE, Hutchinson, Minnesota for the following purpose: ■ REVIEW STATE TRUNK HIGHWAY 15 DOWNTOWN RECONSTRUCTION PROJECT ITEMS DATED: June 7, 2018 POSTED: City Center Matthew nich, City Ad ' lstrator p3'inted oa recycled paper HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, DUNE 12, 2018 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: City policy and practices, 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 — Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Presentation of MRPA Awards of Excellence 1. Hutchinson Wayfinding Signage Project 2. Rotary Park Community Build Playground Project 3. Hutchinson Aquatic Center Facility Project (b) Resolution No. 14904 — Resolution Accepting Cash Donation from Dirk Gaspar for Law Enforcement Memorial Fund 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 if he will be accepting public comments during the agenda item if not a public hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speak for 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 May 22, 2018 (b) Budget Workshop of May 22, 2018 CONSENT AGENDA (The items iste or 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) Consideration for Approval of Parking Restrictions/Street Closure on I" Avenue SE for Music in the Park Events (b) Consideration for Approval of Resolution No. 14892 — Resolution to Sell Surplus Property (office chairs) (c) Consideration for Approval of Resolution No. 14893 — Resolution to Sell Unclaimed Bicycles CITY COUNCIL AGENDA JUNE 12, 2018 (d) Consideration for Approval of Street Closure for Riverside Church Event on June 20, 2018 (e) Consideration for Approval of RiverSong Music Festival Requests (f) Consideration for Approval of Change Order No. 2 — Letting No. 8, Project No. 17-08 (Wastewater Treatment Facility Membrane Bioreactor Cassettes Replacements) (g) Consideration for Approval of Agreements with ISD 9423 1. Agreement Between the City of Hutchinson and ISD 423 Relating to the Establishment and Operation of a Jointly Sponsored Parks, Recreation and Community Education Program 2. Lease Agreement with ISD 423 for Use and Operation of Burich Arena 3. Facility Use Agreement with ISD 423 4. Agreement Between the City of Hutchinson and ISD 423 Relating to the Establishment and Operation of a Jointly Sponsored Grounds Maintenance Program (h) Claims, Appropriations and Contract Payments — Check Register A APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B PUBLIC HEARINGS — 6:00 P.M. 9. CITY ALLEY 917 IMPROVEMENTS PROJECT —LETTING NO. 7, PROJECT NO. 18-07 (a) Approve/Deny Resolution No. 14906 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Approve/Deny Resolution No. 14907 - 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. DISCUSSION OF HUTCHINSON UTILITIES COMMISSION RATE CHANGES 11. DISCUSSION OF INVOCATION POLICY UNFINISHED BUSINESS 12. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE — RIGHT OF WAY (SECOND READING AND ADOPTION) 13. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE — TELECOMMUNICATIONS (SECOND READING AND ADOPTION) NEW BUSINESS 14. APPROVE/DENY ACCEPTANCE OF MASTER PARK PLAN PROPOSAL 2 CITY COUNCIL AGENDA JUNE 12, 2018 15. APPROVE/DENY SETTING SPECIAL CITY COUNCIL MEETING ON JULY 2, 2018, TO AWARD CENTURY AVENUE SE RECONSTRUCTION PROJECT (LETTING NO. 1, PROJECT NO. 18-01) 16. APPROVE/DENY SETTING LIQUOR LICENSE VIOLATION HEARING FOR SONORA'S MEXICAN RESTAURANT 17. APPROVE/DENY SANCTIONS FOR TOKYO GRILL LIQUOR LICENSE VIOLATION 18. APPROVE/DENY 2018 AIRPORT IMPROVEMENTS PROJECT ITEMS — 2018 AIP 8-UNIT T- HANGAR CONSTRUCTION (LETTING NO. 15, PROJECT NO. 18-15) (a) Resolution No. 14902 — Resolution for Authorization to Execute Federal Aviation Administration and Minnesota Department of Transportation Documents on Behalf of the City of Hutchinson 19. APPROVE/DENY PROJECT AWARD FOR 2018 STREETS SEAL COATING PROJECT (LETTING NO. 6, PROJECT NO. 18-06) (a) Resolution No. 14905 - Accepting Bid and Awarding Contract 20. APPROVE/DENY RE -SETTING AUGUST 14, 2018, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items) 20. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Public Library Board Minutes from April 23, 2018 MISCELLANEOUS 21. STAFF UPDATES 22. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 14904 RESOLUTION ACCEPTING DONATION 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 person(s) has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Donation Date Dirk Gaspar $100.00 6/5/18 WHEREAS, such donation has been contributed to the Hutchinson Police department as a donation for the Law Enforcement Memorial Park fund. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 12th day of June 2018. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, MAY 22, 2018 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: City policy and practices, input from constituents, and other questions or information that has notyet 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 John Lofdahl, Steve Cook, Chad Czmowski and Mary Christensen. 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 Czmowski, second by Christensen, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — River of Hope 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Council Member Lofdahl thanked City Center staff and all others for replacing fragmented flags in front of their businesses as he had requested. Council Member Christensen thanked the Leadership group and other citizens groups for plantings and mulching and making Hutchinson beautiful. (a) Resolution No. 14891— Resolution Accepting Cash Donation from Jason Werowinski for a Restroom at the Dog Park Matt Jaunich, City Administrator, noted that this cash donation is to pay for a Mini Biff at the Dog Park. Motion by Cook, second by Forcier, to approve Resolution No. 14891. Motion carried unanimously. PUBLIC COMMENTS (This 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 if he will be accepting public comments during the agenda item if not a public hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — stateyour 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 May 8, 2018 Motion by Lofdahl, second by Christensen, to approve the minutes as presented. Motion carried unanimously. CITY COUNCIL MINUTES MAY 22, 2018 CONSENT AGENDA (The items listedfor 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) Appointment of Morgan Baum to Public Arts Commission to August 2020 (b) Consideration for Approval of Issuing Temporary Liquor License to Riversong Music Festival on July 13 and 14, 2018, Masonic West River Park (c) Consideration for Approval of Issuing Short -Term 3.2 Malt Liquor License to Knights of Columbus St. Christopher Council on June 15 and 16, 2018, at McLeod County Fairgrounds (d) Consideration for Approval of Issuing Short -Term Gambling License to Minnesota Holstein -Friesian Breeder's Association on November 17, 2018, at McLeod County Fairgrounds (e) Consideration for Approval of Disposal of Surplus Equipment (1994 Chevrolet Pickup) (f) Consideration for Approval of Resolution No. 14894 — Resolution Approving the Vacation of a Portion of Easement at White Hawk Village Outlot A, Hutchinson With Favorable Planning Commission Recommendation (g) Consideration for Approval of Resolution No. 14890 — Authorization to Execute Federal Aviation Administration and Minnesota Department of Transportation Airport Layout Plan on Behalf of the city of Hutchinson (h) Consideration for Approval of FAA Entitlement Transfer Per Agreements With City of Sauk Center and City of Winsted (i) Consideration for Approval of Out of State Travel for Miles Seppelt to Attend the 2018 International Economic Development Council in Arlington, Virginia on June 18, 2018 (j) Consideration for Approval of Lifting Parking Restrictions on Sherwood Street on June 5, 2018, for Harmony River Block Party (k) Consideration for Approval of Resolution No. 14901— Resolution Calling for a Public Hearing on the Adoption of Updated Criteria for the Granting of Business Subsidies (1) Consideration for Approval of Items for City Alley 917 Improvement Project — Letting No. 7, Project No. 18-07 1. Resolution No. 14895 - Resolution Declaring Adequacy of Petition and Ordering Preparation of Report on Improvement 2. Resolution No. 14896 - Resolution Receiving Report and Calling Hearing on Improvement (in)Claims, Appropriations and Contract Payments — Check Register A Items 7(i) and 7(1) were pulled. Motion by Lofdahl, second by Czmowski, to approve Consent Agenda I with the 2 CITY COUNCIL MINUTES MAY 22, 2018 exception of the items noted above. Motion carried unanimously Item 7(i) had further discussion. Council Member Cook mentioned that the board action form included in the packet noted that a Resolution was to be approved with this item. Matt Jaunich noted that was a typographical error and no Resolution is before the Council to consider. Motion by Cook, second by Lofdahl, to approve Item 7(i). Motion carried unanimously. Item 7(1) had further discussion. Council Member Cook noted that the last time the Council discussed this project they had determined that an alley policy should be developed. Kent Exner, City Engineer, noted that staff would like to start the project process going for this alley. The alley assessment policy will be crafted at the same time this project will be moving through the process. Motion by Cook, second by Christensen, to approve Item 7(1). Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Czmowski, second by Lofdahl, with Forcier abstaining, to approve Consent Agenda II. Mayor Forcier noted that this item is for vandalism done at Rotary Park which is very unfortunate. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 9. 2018 PAVEMENT MANAGEMENT PROGRAM PROJECT — LETTING NO. 4, PROJECT NO. 18-04 (a) Resolution No. 14897 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14898 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that a neighborhood meeting was held on May 15, 2018. The proposed street improvements include pavement reconstruction/rehabilitation measures on segments of Northwoods Avenue, l ltt' Avenue NE, Spruce Street and Waller Drive to address deficiencies in existing pavement conditions and utility system needs. Mr. Exner explained that the estimated total project cost is $2,274,300. The estimated total assessment for a typical City lot of 66' width is $7752.00. Construction is estimated to start in late summer/early fall of 2018 and should be completed within one construction season. Mr. Exner explained that this project came about due to another large project being pushed back to 2019. No pavement management program project was completed last year. Exner is proposing to base bid 1 ltt' Avenue NE and Spruce Street with Northwoods Avenue being an alternate bid and waiting on improvements to Waller Drive. Todd Vedder, 725 Spruce Street, presented before the Council. Mr. Vedder asked if it is typical to start a project so late in the season with a late bidding time. It was noted that because of the other project getting pushed out late in the season, this project came on late in the season. Mr. Vedder had concerns with the late bidding timeframe that perhaps bids will come in high or a lower -quality, unknown bidder may be awarded the project. Chuck Hausladen, 635 Waller Drive, presented before the Council. Mr. Hausladen had CITY COUNCIL MINUTES MAY 22, 2018 questions about his assessment estimate even if the project is scaled back in the future. Mr. Hausladen had questions about the infrastructure improvements and the shallowness of the depth of the pipes. Hausladen asked if Waller Drive proceeds in the future when it could be expected. Exner noted it most likely wouldn't be until 2021 or 2022. Motion by Lofdahl, second by Czmowski, to close public hearing. Motion carried unanimously. Motion by Christensen, second by Czmowski, to approve Resolution Nos. 14897 and 14898 with the exception of removing Waller Drive from the project. Motion carried unanimously. 10. TRAIL AND PARKING IMPROVEMENTS PROJECT — LETTING NO. 10, PROJECT NO. 18-10 (a) Resolution No. 14899 - Resolution Ordering Improvement and Preparation of Plans and Specifications (b) Resolution No. 14900 - Resolution Approving Plans and Specifications and Ordering Advertisement for Bids Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes trail and parking improvements on the 5th Avenue SE bridge and the Elks Park areas. The project will include a multi -use trail and on -street parking implementations by construction of grading, aggregate base, concrete curb and gutter, bituminous/concrete surfacing, pavement markings and appurtenances. The total project is estimated at $200,000 - $104,000 for Sherwodo Street trail and. Exner spoke about different ways to administer the project with a base bid and alternate bids. Exner explained that the 5th Avenue trail project really consists of three items: the north segment of 160 LF which runs under the bridge; the south segment of 430 LF which extends to Ranch Avenue; and a six foot concrete sidewalk that runs from the north segment to 5t' Avenue. An estimate was received for flashing signals at a crosswalk at 5t" Avenue in the amount of $12,000. It was noted that the Montessori school located on 5th Avenue had submitted a letter not in favor of installation of a flashing signal, but was rather in support of the underground trail system. Council Member Cook suggested constructing the underground trail system (north segment) with the gradient sidewalk up to 5th Avenue and not construct the extension of the trail to Ranch Avenue (south segment). Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Cook, second by Lofdahl, to approve Resolution Nos. 14899 and 14900 with the exception of the south segment of 430 LF which extends to Ranch Avenue. Motion carried unanimously. COMMUNICATIONS REQUESTS AND PETITIONS (The purpose of this portion oJ the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) 11. UPDATE FROM MUSIC IN THE PARK COMMITTEE Valerie Mackenthun and Kayla Alexander, members of the Music in the Park Committee, presented before the Council. Mackenthun and Alexander explained that the Music in the Park Committee is proposing to have themed evenings as part of the Music in the Park series and the committee is proposing to have Main Street Sports Bar serve beer, wine and a signature cocktail on three dates this summer — those being June 11, July 9 and August 6. MSSB staff will identify each customer and provide a wrist band to those consuming I CITY COUNCIL MINUTES MAY 22, 2018 alcoholic beverages. Motion by Lofdahl, second by Christensen, to authorize Main Street Sports Bar to serve liquor during Music in the Park events on June 11, July 9 and August 6 until 9:00 p.m. and naming the City of Hutchinson as an additional insured on their certificate of insurance. Motion carried unanimously. UNFINISHED BUSINESS NEW BUSINESS 12. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE — RIGHT OF WAY (FIRST READING, SET SECOND READING AND ADOPTION) Kent Exner, City Engineer, noted that staff has been working on revising Chapter 90 of the City Code for the past couple of months related to the right-of-way ordinance. The ordinance was revised and received favorable recommendation of approval by the Planning Commission in May. The revisions are related to the use of small cell technologies. These changes are in response to Minnesota legislation that was adopted during the 2017 session requiring cities to accommodate small cell use of the right-of-way. The current Chapter 90 would be repealed and replaced with the proposed ordinance. The existing language from Chapter 90 was incorporated into the League of Minnesota Cities model right-of-way ordinance. The LMC Model included proposed small cell language that complies with the 2017 small cell legislation. John Paulson, Environmental Manager, presented before the Council. Mr. Paulson spoke about revisions that were made to the proposed ordinance based on feedback received at the Planning Commission public hearing. Jay Littlejohn, Moss & Barnett, presented before the Council. Mr. Littlejohn noted that his firm has been retained by Verizon Wireless to represent it in its wireless network development in Hutchinson. His firm has been working closely with City staff to provide comments to the proposed right-of-way ordinance. Mr. Littlejohn provided a few recommendations for a few, minor modifications to the proposed language in the ordinance. These modifications are related to the requirement for a conditional use permit, separation distance requirements, copies of insurance policies and collocation agreements. Motion by Lofdahl, second by Forcier, to waive first reading and set second reading of Ordinance No. 18-783 for June 12, 2018. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE — TELECOMMUNICATIONS (FIRST READING, SET SECOND READING AND ADOPTION) John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the changes to the telecommunications ordinance are in response to major revisions to the City's right-of-way ordinance necessary to accommodate small cell use of the right-of-way. Most of the changes to the ordinance are to more clearly define that Chapter 154.119 applies to small cell installations proposed outside of the right-of-way. Council Member Cook noted that the City receives fees for telecommunications from franchises and other things. He asked if there would be any opportunities to allow the City to collect fees for small cell use. Paulson spoke about fees that could be collected for location of small cells. 5 CITY COUNCIL MINUTES MAY 22, 2018 Motion by Lofdahl, second by Czmowski, to waive first reading and set second reading of Ordinance No. 18-784 for June 12, 2018. Motion carried unanimously. 14. APPROVE/DENY ORDINANCE NO. 18-787 - AN ORDINANCE AMENDING SECTION 30.18, "REGULAR MEETING ORDER OF BUSINESS" TO REMOVE THE INVOCATION AND ADD MOMENT OF SILENCE (FIRST READING, SET SECOND READING AND ADOPTION) Matt Jaunich noted that Council Member Cook has brought forward the proposed ordinance that proposes to remove the invocation from the Council agenda and replace it with a moment of silence. Council Member Cook noted that he had requested that this ordinance be placed on the agenda mainly due to the Hutchinson Ministerial Association communicating that they are unable to provide members of the non-Christian faith to provide the invocation at Council meetings. Council Member Cook expressed that he feels that the Council represents everybody — including those who are non-Christian, those that are spiritual and not religious. He even noted that some that serve on the Council are non-Christian. He noted that although the invocation is intended for the Council Members, members of the audience are part of it if they are in attendance. Council Member Cook expressed his feelings on the benefits of a moment of silence. He feels that a moment of silence is respectful to all. Council Member Lofdahl noted that he is in agreement with Council Member Cook and takes more heed in the pledge of allegiance. Council Member Christensen expressed that she is in favor of keeping the invocation as part of the agenda. Council Member Czmowski noted that from the feedback he has received, it is the wish of the community to keep the invocation on the agenda. Mayor Forcier noted that he has received several calls from people in favor of keeping the invocation on the agenda. Council Member Lofdahl asked the Council if they feel it is legal for the Ministerial Association to schedule the rotation of the invocation. Lofdahl expressed that he feels the City Council should oversee the scheduling of the invocation rotation. Jaunich noted that it is the Council's right to determine how the invocation is scheduled. Lofdahl spoke of best practices. Marc Sebora, City Attorney, spoke about a Supreme Court case that affirmed the method used by the city in the case establishing the invocation rotation. The city in that case reached out to faith organizations that were located in the city only. Council Member Czmowski suggested that the City establish an application process in the Fall for the following year where those interested in providing the invocation are selected. Jaunich suggested a method he and staff would use in setting the invocation schedule. Steve Olcott, Christ the King Lutheran Church, presented before the Council. Olcott spoke on behalf of CTK and the Hutchinson Ecumenical Ministerial Association. Olcott explained that the Council had basically demanded of HEMA that they reach out to non-Christian organizations and have them be part of the invocation scheduled. HEMA recently responded in a letter sent to the City offering to keep two spots available for non-Christians to provide the invocation. rol CITY COUNCIL MINUTES MAY 22, 2018 Morgan Baum, 925 2nd Avenue SW, presented before the Council. Baum supports replacing the invocation with a moment of silence and she explained why. Baum explained that a Christian invocation is non -inclusive of all residents of the city. Tim Vanden Langenberg, Hope Family Church, presented before the Council. He spoke of the non -benefits of a moment of silence. He feels a moment of silence is disrespectful to a large part of heritage. Sandy Juffer, Belle Lake Road, presented before the Council. Ms. Juffer asked the Council if God needs to be removed from everything and she expressed what has happened to our nation with God being removed from schools and other organizations. Dave Sebesta, 225 Dale Street SW, presented before the Council. Mr. Sebesta suggested that the Council vote for what the majority of the community wants and he expressed that the nation was based on Christian faith. Council Member Cook spoke about diversity and those that are spiritual but not religious. He noted how he has not been comfortable for some time with the invocation being part of the Council meetings. Council Member Lofdahl spoke about him personally being a non-Christian and the invocation being directed to him as a council member. Motion by Czmowski, second by Forcier, to deny Ordinance No. 18-787. Roll call vote was taken: Christensen — aye; Lofdahl — nay; Cook — nay; Czmowski — aye; Forcier — aye. Motion carried 3 to 2. Council Member Cook asked if the invocation will be kept under the same format. Council Member Lofdahl noted he would like another method determined to establish the invocation schedule. Matt Jaunich will bring something forward to the Council for them to consider in establishing the invocation. 15. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JUNE 26, 2018, AT 4:00 P.M. WITH HRA BOARD Motion by Czmowski, second by Christensen, to set Council workshop for June 26, 2018, at 4:00 p.m. Motion carried unanimously. GOVERNANCE (The purpose of this portion of the agenda is to deal with organizational development issues, including policies, 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) Public Arts Commission Minutes from April 10, 2018 b) Hutchinson Housing & Redevelopment Authority Board Minutes from April 17, 2018 �c) City of Hutchinson Financial Report and Investment Report for April 2018 d) Planning, Zoning, Building Department First Quarter Report (e) Planning Commission Minutes from April 17, 2018 MISCELLANEOUS 17. STAFF UPDATES Kent Exner — Exner noted that a meeting sponsored by the Chamber of Commerce was held today regarding the Americans with Disabilities Act as related to the Hwy 15/Main Street project. Good information was presented. Exner noted the Chamber of Commerce has 7 CITY COUNCIL MINUTES MAY 22, 2018 information on their web site related to progress of the project and other information. Meetings will be held in early June related to the Main Street streetscape. The Second Avenue bridge project is intended to start June 1 or June 4. The Century Avenue project is intended to begin mid -July. Mr. Exner thanked Marc Sebora and John Paulson on their work related to the right- of-way and telecommunications ordinances that were reviewed this evening. Marc Sebora — Mr. Sebora spoke of court proceedings taking place next week on the 141 5th Avenue NE property. Matt Jaunich — Mr. Jaunich noted that the Chamber of Commerce will be applying to be a host for the Minnesota Pheasant Opener; Jaunich reminded the Council of the streetscape workshop on June 12, 2018, at 4:00 p.m.; Jaunich also noted the LMC annual conference will be held June 20-23, 2018 so those interested should let him know. 18. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen thanked City staff and volunteer groups on plantings and mulchings throughout the city. She also noted that she filed for office today. Steve Cook — Council Member Cook provided an update on the new sculptures being installed on the Sculpture Stroll; He talked of emerald ash borer and wood being brought in that is not certified; He also noted that he will not be bringing up the invocation subject any longer as he feels he was able to share his concerns and the subject was discussed. He will respect the decision, but he would appreciate if Matt will look at other opportunities. John Lofdahl — Council Member Lofdahl noted he will be filing for office tomorrow; He also noted that Doug Hanneman, Hutchinson Leader editor, will be retiring May 31. Gary Forcier — Mayor Forcier noted he filed for office today; He also had Steve Cook clarify that information on the art walk will be updated on the web site and brochures distributed as soon as complete. ADJOURNMENT Motion by Cook, second by Christensen, to adjourn at 7:55 p.m. Motion carried unanimously. N. HUTCHINSON CITY COUNCIL 2019 BUDGET KICKOFF MINUTES TUESDAY, MAY 22, 2018 - 4:00 PM CITY CENTER — COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Mary Christensen, Steve Cook, Chad Czmowski and John Lofdahl. Others present were: Matt Jaunich, City Administrator, Andy Reid, Finance Director and other city directors 2019 BUDGET KICKOFF REVIEW 2. 2019 Budget Kickoff Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's workshop is to begin the 2019 budgeting season. Mr. Jaunich noted that setting the annual budget is one of the biggest policy decisions of the City Council. The City's budget documents drive the work of the city and are the forces behind achieving the City's Mission Statement. Mr. Jaunich reviewed the City's mission statement, vision statement, the six core areas of focus which include public safety, health & recreation, transportation, economic development, environment and good government. Mr. Jaunich spoke about statements identified in the City's strategic plan to be completed by 2023. Those statements included wanting to be known as a destination place for recreation, art and leisure; wanting to have a growing, diverse economy with a skilled workforce; wanting to have adequate, affordable housing for all; wanting to have welcoming and safe city facilities to service current and future generations; wanting to have cost effective, reliable and sustainable energy and practices; wanting to have high quality, multi -modal transportation and infrastructure systems; wanting to have active citizen engagement, participation and involvement and wanting to have fiscally responsible management to serve community needs. Mr. Jaunich also reviewed five long-term goals the Council should consider every budget season. Those goals include: 1. What should future tax levies look like? 2. What levels of services should the City perform and provide in the future? 3. What is an acceptable level of debt? 4. What is our level of investment in technology and equipment, and what period of payback is acceptable? 5. What are our future infrastructure needs (roads, utilities, buildings, etc.) and how are we going to pay for them? Mr. Jaunich noted that the purpose of today's workshop is to review the budget calendar that has been established as well as review historical data and items that staff has identified as items/concerns that need to be addressed. Staff would also like to have an initial discussion on the hospital money and get direction from the Council on what they would like to see during the 2019 budget preparation season. Mr. Jaunich reviewed tax rate comparisons of Hutchinson with other McLeod County cities as well as with other regional center city rates. Hutchinson is the second lowest in the county and ranks the fourth highest amongst regional centers. Mr. Jaunich spoke about the price of government which is how many cents for every dollar earned is going to pay for City services, excluding electric and gas utilities. Hutchinson is at approximately 3% for a total cost of government which is rather comparable to other regional centers. Mr. Jaunich provided data on economic comparisons, the 10-year tax rate trend, the 10-year total tax levy trend, the total market value history, the total taxable market value history and the total tax capacity history. Mr. Jaunich explained that the City's tax rate is determined by the tax levy and tax capacity and tax capacity is determined by the market value. While the City has had modest tax increases over the past ten years, the market values have taken a hit. The City's 2017 value is actually about 2.2% lower than what it was in 2007. Values are starting to come back and the preliminary 2018 report shows values increasing by 7.7%, another large recovery on top of 5.1% in 2017. Tax increases without value increases end up having a negative effect on the tax rate. The 2012 Homestead Market Value Exclusion enacted by the legislature had a negative effect on the City's taxable market value. The Market Value exclusion ended up reducing the City's taxable market value, increasing the City's taxes. The reduction in taxable value also shifted the tax burden from homesteaded property to other properties. Mr. Jaunich reminded the Council that 2020's Uponor tax abatement, which is estimated around $60,000, likely will have a negative impact on the City's tax rates. Mr. Jaunich further reviewed historical budget numbers including the tax levy from the last five years and tax levies as a percentage. Mr. Jaunich then provided a very preliminary general fund budget for 2019. This includes wages and benefits expected to increase by 3.3%. There are reductions in expenses to account for no elections and the large transfer reduction was for the tree mitigation fund. Other expenditures are expected to remain relatively flat. A current look has a 0% levy increase, but a 5.7% increase would be needed to balance the budget. The PILOT payment from HUC increases 19% but will be offset with loss of hospital payment. All other revenues are at 2018 budgeted amounts. Revenues are expected to remain relatively flat. A 1% tax levy increase is equal to $49,254. Mr. Jaunich presented a preliminary general fund five-year budget. Mr. Jaunich provided a list of things to think about when establishing the 2019 general fund budget — such as program changes — need for increase/decrease?; enterprise fund transfers to the general fund; permanent funding source for HSA employer contributions; appropriate LGA allocation; analysis of certain line item projections; performance increase percentages; funding of wages and benefits; payroll allocations (general vs. enterprise); event center — deficit; continued discussion on general staffing levels and service level needs/wants; appropriate CIP funding and needs; and address the impact of no hospital lease payment on the General Fund. Mr. Jaunich then reviewed the debt management plan and the target debt levy of $2.6 million. Due to the 1% debt levy increase in 2016 there won't be a need for another debt levy increase until 2023. The 2023 tax levy will be a 1.5% increase. Years 2024 to 2032 will see an average increase of 1.7%. The debt management plan includes financing for heavy equipment in 2017- 2021. The Plan moves annual project costs from $1.5 million to $1.9 million. The Plan moves annual debt limits from $2.2 million to $2.6 million. Increasing interest rates may impact future debt decisions. Mr. Jaunich also reviewed the five year CIP Plan. Major projects in 2019 include improvements/upgrades to civic arena; second half of South Central Drainage improvements (Linden Park); Trunk Hwy 15/1\4ain Street — continue with project development and preliminary design (2020 construction); 5tb Avenue SW/SE improvement; Church/Clinton/Harrington/Merrill/ Linden street reclaims; South Grade Road/Trail improvements; compost turner at Creekside; other equipment/vehicle replacements and water and wastewater and other facility improvements. Mr. Jaunich then reviewed the various City fund balances. Mr. Jaunich noted that the City is fiscally healthy. The target cash balance for each fund is based on 25% (50% for compost) of the 2017 budgeted operating expenses plus the 2017 debt service payments. It is a measure of liquidity and the ability of the enterprise fund to pay for its short-term obligations. Future capital needs and debt service are not taken into consideration when looking at the target cash balance. Mr. Jaunich also reviewed the City's use of LGA funds. Mr. Jaunich stated that the City is set to receive almost $2.4 million in LGA in 2018 an increase of $100,252 from 2017. $1.1 million goes to the general fund and $1.3 million goes to various aspects of the capital improvement fund. Capital Projects Fund is for various projects currently not designated. Should the non -designated amount be designated to something? Staff asked the Council to consider whether or not they want to do anything with the undesignated amount. Mr. Jaunich also reviewed a list of staff concerns or items in need of being addressed. These include: establishment of a funding plan for the replacement of playground equipment (Master Park Plan should address this), long term funding sources for heavy equipment (equipment debt addresses 2016 and 2017 CIP items), fleet funding needs to be addressed — been at the same level for several years now with no adjustments as costs are increasing — becoming insufficient, employer contribution to HAS — currently being funded by self-insurance fund with three years left, rising city subsidy at Event Center, long-term plan for tipping building at Creekside, water/wastewater storm rate review/study, garbage rates analysis, realistic revenue projections, continued analysis of the City's debt fund and future debt needs, growth of salaries/benefits — biggest cost driver, use of hospital money — what to do with the $6.2 million, and increasing interest rates. A big item Mr. Jaunich addressed was the use of the "hospital money". In April of this year, the City received a payment in the amount of $6.2 million from Hutchinson Health as a prepayment/payoff on their hospital lease. City staff used $260,624 of that money to account for the City's 2018 "hospital lease payment" which was factored into the 2018 budget. That left the City with $5,939,376 remaining from the original $6.2 million. The $5.9 million has currently been earmarked to the Community Improvement Fund and has been invested for the short term. The interest rate on that investment is around 1.6% and had about a $7400 rate of return on its first month of being invested. The City's revenue policy states that "non -recurring" revenues or one-time payments "shall not be used to fund ongoing programs or operations of the City". The policy goes on to state that these types of funds "should be used to build reserves or for projects that will result in long-term operating cost savings". Staff is seeking direction from the City Council on where to allocate these dollars. Mr. Jaunich reminded the Council that the $260,624 hospital payment will no longer be coming to the general fund. However, the loss of that money will be offset by the increased HUCH PILOT payment. A workshop on the use of the hospital fund is likely needed but staffs thoughts/recommendations for use of the "hospital money" include: spend monies on City Council approved projects (e.g. police station/public safety facility or think CIP and strategic plan/ends statements); use some of the funds to replenish general fund reserves; use some of the funds to build the Community Improvement Fund, Capital Projects Fund and/or Public Sites Fund (capital improvements); invest long-term and utilize the investment earnings in the Capital Projects Fund or other city fund; combination of these four options or other options available. Mr. Jaunich stated that if staff were asked today how to spend the "hospital money" they would say the following: place $2.5 million in the Capital Projects Fund and designate towards a future police station/public safety building; place $1 million in the Community Improvement Fund (undesignated) to be used for a "future" project(s); place $1 million in the Capital Projects Fund (undesignated) to be used for a "future" project(s); place $1 million in the Public Sites Fund (undesignated) to be used for a "future" project(s); and place $439,376 in the General Fund to build fund balance reserves. Items that Mr. Jaunich would like the Council's thoughts and ideas on for the 2019 budget include the tax levy goal for 2019, any services that they would like to see provided and/or increased/decreased, is there a specific project/item they would like to see budgeted for and/or done or any fee/rate/transfer changes to look at. Mayor Cook noted that 5 b Avenue improvements is at the top of his list. Forcier and Czmowski commented that perhaps enhancing a campground attendant position should be considered. Czmowski asked if funding for river dredging could be researched. 3. Adjournment Motion by Czmowski, second by Lofdahl, to adjourn the workshop at 5:20 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Music in The Park Department: Police LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: The Music in The Park organizers have requested parking and//or the street to be closed on 1 st Ave SE on the following dates and times. June 11- 3 No parking on the north side of 1 st Ave SE for band parking for the Kick off event with Water carnival- MSSB Serving June 18th Close 1 st Ave SE -Thrivant Event, Family Night- possibly cop cars, fire trucks, etc for kids. June 25th limited parking on the north side of 1 st Ave SE for band parking. July 2nd limited parking on the north side of 1 st Ave SE for band parking. July 9th limited parking on the north side of 1 st Ave SE for band parking on one way Riversong Movie night (Grease)-MSSB serving July 16th limited parking on the north side of 1 st Ave SE for band July 23rd limited parking on the north side of 1 st Ave SE for band July 30th Close 1 st Ave SE. I'm waiting on Tess Chiotti to get back to me on the requirements for her cancer survivor dinner. Hopefully hear back soon. August 6th Close 1 st Ave SE. Final Event- Mayor BBQ cook off- Movie (Dirty Dancing)-MSSB serving The Hutchinson Police has reviewed and are in agreement with the plans for these dates. We will work with the organizers and impacted businesses to ensure a safe event while allowing costumers access to the impacted businesses. BOARD ACTION REQUESTED: Recommend approval for all the dates Fiscal Impact: $ 0.00 Funding Source: N?A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Resolution 14892 Department: Police LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Daniel Hatten Agenda Item Type: Presenter: Daniel Hatten Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Presenting Resolution requesting authorization to sell surplus property (office chairs). BOARD ACTION REQUESTED: Approval to sell surplus items. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 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 TO SELL AT AUCTION SURPLUS POLICE DEPARTMENT PROPERTY Resolution No. 14892 WHEREAS, the Hutchinson Police Department has accumulated surplus property. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of surplus property. AND WHEREAS, the police department has determined that it is in possession of surplus property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction - 8 office chairs. Items to be sold by Fahey Sales Auctioneers and Appraisers Adopted by the City Council this 22nd day of May, 2018. Mayor City Administrator HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Resolution for sale of unclaimed bicycles to be sold at auction Department: Police LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: RESOLUTION TO SELL AT AUCTION Unclaimed Bicycles BOARD ACTION REQUESTED: The Hutchinson Police Department recommends approval of resolution to sell unclaimed bicycles at auction Fiscal Impact: $ 0.00 Funding Source: 0 FTE Impact: 0.00 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 TO SELL AT AUCTION Unclaimed Property Resolution No. 14893 WHEREAS, the Hutchinson Police Department has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction, will have been in the possession of the police services for more than thirty (30) days. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction of unclaimed items identified on "Attachment A." Items to be sold by Fahey Sales Auctioneers & Appraisers Adopted by the City Council this 12th day of June, 2018 Mayor City Administrator Attachment Case # Item Description: 16015931 Bosch Laser Level 17009741 Black Mongoose Bicycle 17009996 Black/Blue Mongoose Element Bicycle 26" 17010731 Magna Bicycle 17010894 Women's Bicycle 20" 17010892 Women's Next Power Climber Bicycle 20" 17011052 Purple Magna Northern Cascade Bicycle 17011489 Men's Blue Roadmaster Adventure Bicycle 26" 17012065 Pink Dynacraft Barbie Bicycle 16" 17012147 Huffy Bicycle with no seat Red/Black/Silver 17012220 Yellow Scooter 17012336 Men's Orange Jeep Comanche Bicycle 29" 17012692 Men's Green Next Chaos FS20 Bicycle 20" 17012776 Women's Roadmaster Mountain Sport S4 24" 17012740 Women's Black Next P x 4.0 Bicycle 24" 17014270 Blue/Silver Mongoose Freestyle Bicycle 20" 17013042 Men's Green Huffy Mojave Bicycle 26" 17014698 Green Lawn Boy Push Lawnmower 17015177 Men's Red Univega Rover Bicycle 26" 17015284 Men's Black Schwinn Duromax Bicycle 17015280 Men's Black National Assembly Bicycle 17015689 Gray Giant Boulder Bicycle 26" 17015883 Men's Black K2 Series 2600 Kent Bicycle 17016982 Men's Blue Huffy Savannah Bicycle 17017901 Girl's Kent Trouble Maker Bicycle 20" 17917897 Red/Black Schwinn Bicycle 20" 17001937 Red Unicycle HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Riverside Church Event Department: Police LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Riverside Church are requesting the rental of Library Square including the closing 1 st Ave SE between Main St and Hassan St again this year for an event on Wednesday Night June 20th. They have invited MN Adult & Teen Challenge to come and speak/Sing along with a bounce house and climbing wall. These activities will be on the 1 st Ave SE. The event is open to the public. The event starts at 6:30 pm but are requesting the street be closed at 4:00 pm to allow time to set up. The Park has already been reserved through the Parks Dept. and the Hutchinson Police have reviewed the plan. We look forward to working with Riverside Church again this year. Jessie Peters Office Admin./Asst. to Dr. Lee Allison Riverside Church 320-587-2074 (Phone) 320-587-7407 (Fax) www.riversidehutch.org BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: 10th Annual Riversong Festival Department: Police LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency Yes Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: This is the 10th year anniversary of the Riversong Music Festival beginning Friday, July 13 & Saturday, July 14. Many of the Riversong Committee members have been involved from the very beginning, bringing experience and familiarity to the Festival. We have contracted with the Hutchinson Police Department for 24-hour coverage security throughout the Festival. The Riversong Committee also has a Site and Security staff that will be at the Festival from start to finish. Friday -- Gates open at 5:00 pm, Music starts at 6:00 pm and the last act takes the stage We have rented all camping sites and all campers will be aware of the Festival whether or not they choose to attend. Festival hours are as follows: 9:30 pm music will end by midnight. Saturday -- Gates open at 11:00 am, music starts at noon, last act takes the stage at 9:30 pm, music will end by midnight. All electrical needs will be completed by a licensed electrician, then inspected and approved before the event begins. This year we have opted for metal fencing instead of the plastic fencing used in past years. The parking lot will be marked and lighted, and Riversong volunteers will supervise the lot. The Riversong Committee is requesting approval on Friday July 13, 2018 and Saturday July 14, 2018 of the following items; 1 amplified music in the park 2 amplified music until midnight 3 sale of and consumption of alcohol with the park The Hutchinson Police has worked with and reviewed the plans for the 10th Annual Riversong Event. We look forward to working with the Riversong Committee and volunteers to ensure another successful event. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 2,000.00 Funding Source: Riversong Festival FTE Impact: 6.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Approval of Project Change/Work Orders and Supplemental Agreements Department: PW/Eng LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and/or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders, Supplemental Agreements and/or Work Orders are proposed as noted: - Change Order No. 02 — Letting No. 8/Project No. 17-08 — WWTF Membrane Bioreactor Cassettes Replacements This Change Order addresses the City's contributions to this project due to contractor's means and methods. This Change Order does result in a decrease to the Contract amount of $5,740.85. This action does not extend the Final Completion Date. BOARD ACTION REQUESTED: Approval of Change Orders & Work Order 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: HUTCHINSON CITY CENTER City of ENGINEERING DEPARTMENT 7A;=111 HASSAN STREET SE, HUITCINSON MN 55350 PHONE:320-234-4209 FAX:320-234-4240 LETTING NO. 8 - PROJECT NO. 17-08 (L8P17-08) Dated: 05/30/2018 CHANGE ORDER NO. 2 Page 1 of 1 Project City of Hutchinson Wastewater Treatment Facility, 1300 Adams ST SE, Hutchinson MN 55350 Location: CONTRACTOR: ZENON Environmental Corporation, d/b/a GE Water & Process Technologies, 3239 Dunda St West, Oakville ON L6M4B2 Canada / 905-465-3030 / tina.st.pierre@ge.com Contract $620,337.00 Original Completion: 12/1512017 Revised Completion Date: 12/31/2017 Amount: Description [Ths Change Order addresses reimbursement to the City for the City's contributions to this project due to contractor's of Change: ans and methods. In accordance with the terms of this Contract, you are hereby authorized and instructed to pertorm the work as altered by the following provisions. 1 Credit for addition payroll project overtime wages. -$2,922.44 2 Credit for strapping kit for module skid return. -$50.02 3 Credit for PPE-Nitril Gloves. -$51.96 4 Credit for Standing Planks for cassette frame work. -$30.32 5 Credit for project operational supplies -$529.26 6 Credit for miscellaneous hardware. -$7.05 7 Credit for PPE -Rain suits for contractor Ees. -$122.51 8 Credit for SS Washers. -$7.29 9 Credit for DeZurik butterfly valve -scour air header. -$700.00 10 Credit for 6 x machined leveling pins (special order). -$1,320.00 TOTAL CREDIT -$5,740.85 ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS/DEDUCTIONS THIS ADDITION/DEDUCTION TOTAL $620,337.00if $0.00 ($5,740.85) $614,596.15 CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ ] Is Not Changed [ ] Is Decreased by Working Days [ ] Is Increased by Calendar Days c. [ ] May be revised if work affected the controlling operation. [ ] Is Decreased by Calendar Days Approved: Approved: Contractor - ZENON Environmental Corp, City of Hutchinson - Mayor: Gary Forcier d/b/a GE Water & Process Technologies Dated: Dated: 06/12/2018 Approved: Approved: City of Hutchinson - City Engineer: Kent Exner City of Hutchinson - City Administrator: Matt Jaunich Dated: Dated: 06/12/2018 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: City / School Agreements Department: PRCE LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: DOLF MOON Agenda Item Type: Presenter: Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The three year joint powers agreement is up for renewal. The original agreement began in 1993. This agreement if approved will expire 6/30/2021. The agreement provides the framework for the PRCE Department,the City and School District share in the cost 50/50 of the Department Director. The Joint Maintenance agreement began in 1999. This new two year agreement provides $3,100 more each year for the parks department. It represents a nearly 4% increase over the previous agreement. The annualized agreement will provide $81,500 each year. Additionally the school district will purchase a replacement mower valued @ $60,000 in 2019. The facility use agreement which includes Roberts Park, Veterans Memorial Field, Recreation Center and Burich Arena is also up for renewal. In 2018 the the department collected $59,300. The department will receive $61,725 in 2019 and $63,350 in 2020. I would recommend approval of all City/ School agreements. These agreements represent over $500,000 in revenues over the two year period. I will be in attendance if you have any specific questions. Thanks for your consideration. BOARD ACTION REQUESTED: Approval of Agreements 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: AGREEMENT BETWEEN THE CITY OF HUTCHINSON AND ISD 423 RELATING TO THE ESTABLISHMENT AND OPERATION OF A JOINTLY SPONSORED PARKS, RECREATION AND COMMUNITY EDUCATION PROGRAM AGREEMENT, made as of July 1st, 2018 between the CITY OF HUTCHINSON, A MINNESOTA MUNICIPAL CORPORATION ("City") and INDEPENDENT SCHOOL DISTRICT NO.423, MCLEOD COUNTY, MINNESOTA, A MINNESOTA MEAL MUNICIPAL CORPORATION ("School District"). WHEREAS, the School District is organized for the purpose of providing public school education, including at its discretion Community Education programs and associated recreation programs within its geographical boundaries; and WHEREAS, the City is authorized to and does provide parks, recreation and civic programs to citizens within its geographical boundaries, and WHEREAS, the School District and the City (hereinafter sometimes collectively called the "Sponsors") within their respective powers, desire to cooperate in the establishment and operation of a total Parks, Recreation and Community Education Program, as that term is defined in Article 1 (a) within the total area encompassed by the boundaries of the City and the School District. NOW, THEREFORE, the Sponsors hereby agree with the other as follows: PURPOSE OF AGREEMENT: The Sponsors shall severally, jointly and cooperatively, pursuant to the broad authority contained in Section 471.15 through 471.19, inclusive, and Section 471.59, of Minnesota Statutes and other applicable statutes and their respective express and implied powers, establish and operate a Parks, Recreation and Community Education Program. The term Parks, Recreation and Community Education Program is defined, for the purposes hereof to mean the following: A program of academic improvement, enrichment, vocational improvement, leisure and recreation services, program coordination, and social action utilizing School District physical plants, City Parks and recreation facilities, private resources, if and when available, for all ages, for all social and economic groups residing within the geographic boundaries of the Sponsors. 2. The Sponsors shall be responsible for the operation and maintenance of the Parks, Recreation and Community Education Program, except as otherwise set forth herein. Recommendations shall be received by the School Board and the City Council from time to time, concerning the programming and the operation of the programs from the Parks, Recreation and Community Education Advisory Council. PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY COUNCIL: The Parks, Recreation and Community Education Advisory Council shall consist of nine (9) members who shall be from the following groups: One (1) member to be selected from the School Board annually. 2. One (1) member to be selected from the City Council annually. Seven (7) members at large to be appointed jointly by the School Board and the City Council. "At large" positions shall be for a term of three (3) years. No "at large" member shall serve on the Council for more than two (2) consecutive terms. The Parks, Recreation and Community Education Advisory Council shall include public advertising of the "at large" position with all candidates names forwarded to the Mayor and the School Board Chairperson respectively for City Council and School Board approval. The terms of office shall end on August 315t of each proper year. In case of a vacancy during the term of an "at large" member, the School Board and City Council shall jointly appoint a new member to serve the remainder of the term. In case of the vacancy of a permanent member, (School Board representative or City Council representative) the appropriate unit shall appoint a new member. Besides the nine (9) voting members, the Parks, Recreation and Community Education Director shall serve as an ex-officio members with the Director appointing staff as secretary to the Board. The Board shall annually elect one (1) member to serve as chairperson and it may adopt such rules of procedure, as it deems compatible. DUTIES OF THE PARKS, RECREATION AND COMMUNITY EDUCATION ADVISORY COUNCIL: 1. Serve as official advisory council responsible for all aspects of parks, recreation and community education. 2. Plan and establish a joint parks, recreation and community education program for the School District and City. 3. Review the annual budget and develop recommendations that shall be submitted to the School District and City. 4. Develop programs and recommend policies on parks, recreation and community education according to the needs of the community. 5. Endeavor to secure citizen group participation on all matters of parks, recreation and community education. 6. Perform all other duties and functions as may be requested by the School Board and the City Council. PROGRAM RESPONSIBILITIES: The Parks, Recreation and Community Education Director shall administer the program established by the Board. Prepare annual budgets and submit them for review to the Advisory Council. Upon review and development of recommendations by the Advisory Council, the budgets shall then be submitted to the School Superintendent and the City Administrator for review/revision and presentation to the respective School Board and City Council for their review, revision and approval. The approved annual budget shall be submitted to the School Superintendent and the City Administrator each year as requested by the School Superintendent and City Administrator. -The cost of the program will then be allocated to each of the participating parties. The costs of the Parks, Recreation and Community Director's salary, benefits and training will be on an equal obligation of the parties hereto with the School District purchasing those services from the City of Hutchinson. In addition, the School Superintendent shall determine the amount, if any, of performance pay the director may be entitled to under the compensation guidelines of the School District. If agreement on the budget is not reached by December 1, operation of the current program will continue on the previous year's amount until approval is reached. Land, playground equipment and supplies furnished by either parry hereto shall remain the property of the parry so furnished or supplying the same except that nothing herein shall be construed so as to prohibit the purchase of recreational supplies or equipment with the use of joint funds if so agreed to by the parties. It is agreed that the maintenance of City park property and facilities shall remain a function of the city and the maintenance of School District land facilities shall remain a function of the School District. The Director shall strive, to the extent possible, to devote equal working time to both the School District and the City. However, both the City and the School District recognize that an exactly equal apportionment of the director's time is impossible due to city and school schedules, and fluctuations in the requests for services made of the director from the City, School District and members of the public. LIABILITY INSURANCE: Each Sponsor shall maintain public liability insurance coverage upon its public resources made available for the Parks, Recreation and Community Education Program. DIRECT SUPERVISION OF PROGRAM: All activities of the Director in charge of the Community Education Program will be under the direct supervision of the Superintendent of Schools. All activities of the Director in charge of the Parks and Recreation programs will be under the direct supervision of the City Administrator. LENGTH OF AGREEMENT - WITHDRAWAL This Agreement shall remain in force and effect until June 30t1i 2021. However, either parry may terminate this Agreement hereto by written notice to the other parry giving at least one (1) year notice prior to the date of desired termination. In the event of such termination, an accounting shall be completed in a manner mutually satisfactory to the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by the respective duly authorized officers of the City Council of Hutchinson and the School Board of Independent School District No. 423. INDEPENDENT SCHOOL DISTRICT NO. 423 McLeod County, Minnesota School Board Chairperson Superintendent of Schools CITY OF HUTCHINSON McLeod County, Minnesota Mayor City Administrator I LEASE AGREEMENT HUTCHINSON SCHOOL DISTRICT Burich Arena THIS AGREEMENT, made this first day of July, 2018 by the City of Hutchinson, a municipal corporation, hereinafter ealled First Peet, the "City", and the Independent School District No. 423 of McLeod County, hereinafter ealled Seeetid Pa4y the "District", WITNESSETH: WHEREAS, the F� City has assumed the operation and maintenance of Burich Arena, through the guidance and recommendation(s) of the PRCE Advisory Board; WHEREAS, it is the desire of the Seeetid Paftmy District to rent Burich Arena for programming to be conducted and sponsored through its physical education program and/or extra -curricular programs; NOW, THEREFORE, in consideration of the premises and the terms and covenants hereinafter set forth, the parties hereby mutually agree as follows: 1. PREMISES: The First Pa4y City agrees to lease and hereby does lease, and the Secand n ,4.. District agrees to take and hereby does take Burich Arena, east rink and west rink. 2. TERMS OF LEASE: This lease shall be from the term of July 1, 2018 through June 30, 2020. 3. RENTAL PAYMENT AND GAME RECEIPTS: The District agrees to pay the First City a rental payment for the premises as shown below: 2018-19 2019-20 TOTAL TOTAL Practice Ice 225 hours $185. $190. $41,625. $42,750. 20 Games Varsity/J.V. $775. $800. $15,500. $16,000. TOTAL $57,125 $58,750 Each yearly total amount will be paid on or before April I" of 2019 and 2020 respectively. All game admission receipts shall be the property and responsibility of the Seeend Party District. Hockey games in excess of 20 Varsity/J.V shall be billed at the agreed upon game rates. 4. DEFINITIONS a. "Ice -time" - The period of time the ice is on the floor of the premises and utilized for hockey games and/or practices. b. "Non -Ice -Time" - The period of time no ice is on the floor and utilization is for sports other than hockey, i.e., tennis, track, softball, soccer, baseball. C. Exclusive use - The time the Seeend PaFt , District is in possession of the premises for "ice -time" and "non -ice -time" use, without interference from the First City and/or Seeend P District, except for normal maintenance of the building. 5. USE OF FACILITIES: The First City agrees to lease the premises for exclusive use at the following designated times and activities. 2 a. The District shall be allotted 225 hours of ice time per school year. In the event more than 225 hours practice ice time is used, the Seeen Patty District shall be billed at the agreed hourly rate. b. All practice time(s) for Boys Squads and Girls Squads shall be scheduled as agreed upon between the city's Facilities & Operations Manager and School Activities Director. C. Game ice -time shall be set by schedule. All hockey games shall be Monday through Saturday, excluding holidays. All regularly scheduled hockey games and dates are set forth in a schedule and may be canceled and/or rescheduled only after mutual consultation of the First Party City and the Seeen PaFt , District , or their respective representatives. d. In the event the facility is rendered unfit for hockey use due to fire or any other cause, the Seeen n,,. y's District's obligation for rent shall be adjusted on a pro-rata basis and the party of the first pa City shall refund within 30 days after termination that portion of the rent covering the period of non-use. If the damage cannot be repaired within 30 days, the District may exercise the option to terminate. 6 FIRST- n n n 4* CITY RESPONSIBLITIES: a. To provide all utilities, including heat, light, water, sewer, refuse; maintain all ice -making and cleaning equipment and machines; flooding the ice rinks; cleaning of the ice surfaces; maintaining the parking lot; and the normal maintenance, repair and replacement of dasherboards, goals and nets; and make all necessary structural alterations, repairs and maintenance. b. To provide janitor service for cleaning of the locker and shower area and cleaning of the bleacher area, storage area and upper arena areas as needed. C. To operate, maintain and receive revenues from all concessions and/or vending machines, unless otherwise assigned in whole or part. 7. SECOND PARTY D TY DISTRICT RESPONSIBILITIES: a. To provide personnel and supplies for the sale and collection of admission tickets. b. To provide for payment of any Minnesota sales tax for admission. C. To provide towel and laundry service. d. To designate personnel to supervise students at any time the building is being used by its students under this agreement, and to designate one individual to be responsible for key(s) for use of the building while in use by its students. e. To be responsible for loss or theft of school and/or personnel property while stored or otherwise within the premises. f. To make all arrangements and/or payment for announcer(s), scoreboard operator(s), referees and supervisory personnel. g. To designate the coach or supervisor for seeing all pieces of equipment and supplies of the school and players are picked up and properly stored in the areas and cabinets, as provided by the Fifst Pa4y City, and to see that all students are out of the building by one-half (1/2) hour after close of practice or game. 3 8. RULES AND REGULATIONS: The rules and regulations of Independent School District No. 423 pertaining to student conduct shall be in effect during all times this building is used by the school. Additional policies governing the conduct of students may be developed as needed by Burtch Arena and the school administration. The policies, rules and regulations shall be enforced by school personnel as assigned by the school administration and the city personnel as assigned by the ems City's Facilities & Operations Manager. 9. INSURANCE: The €iFst Pat4y City agrees to pay a sum equal to the actual expense for bodily injury and property damage insurance. 10. INDEMNIFICATIONS: The Seeend Pat4 , District agrees to save harmless, protect and indemnify the First Pat4y City from any and all claims, not fully covered by Section 9 Insurance, of every kind and nature whatsoever arising out of the personal injury or property damage on the leased premises while it is under control of and being used by the party of the seeeod par- District. Each party agrees to name the other as an "additional insured party" in liability insurance policies. 11. SUCCESSORS AND ASSIGNS: All provisions of the lease, herein stated, are binding upon the successors or assigns of the respective parties. IN WITNESS WHEREOF, the parties have signed this agreement to be effective the day and year above written. In presence of: CITY OF HUTCHINSON BY Mayor BY City Administrator INDEPENDENT SCHOOL DISTRICT NO. 423 BY Chairman BY Clerk USE OF FACILITIES HUTCHINSON SCHOOL DISTRICT AND CITY OF HUTCHINSON 2018-2020 Recreation Center It shall be the policy of the School District and the City of Hutchinson to rent the Recreation Center Building at a cost of $40 per hour and Burich Arena at $60 per hour for dry floor activities with the rentee providing a minimum of one building supervisor. Roberts Park (Softball Estimate 40 days of use, which includes 40 softball games — 10 "A" squad games, 10 ' JV squad games, 10 "C" squad games and 10 middle level games As soon as weather permits, usually the first week in April, practice is scheduled outdoors. The above - mentioned 40 days does not account for any inclement weather cancellations. It shall be the policy of the School District and the City of Hutchinson that the school district will rent Roberts Park for $3,000 per softball season for the above -mentioned use. This includes material, labor and use of City equipment. VMF Field (Baseball) Use of Veteran's Memorial Field shall be $1,600 for the season, which includes games and practices. General Guidelines When use of facilities or cancellation is needed because of inclement weather, contact must be made by noon to the city's PRCE Director by the School Activities Director, and facilities can be used only upon approval of the above -mentioned directors. Renters shall always follow the approved time schedule. Renters shall assist in setup for activities or for the next activities. Renters shall leave the facilities in good condition. The renter's supervisor of the activity must stay until all participants have left the building including emergency situations. INDEPENDENT SCHOOL DISTRICT NO. 423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota School Board Chairperson Superintendent of Schools Mayor City Administrator AN AGREEMENT BETWEEN THE CITY OF HUTCHINSON, MINNESOTA AND HUTCHINSON INDEPENDENT SCHOOL DISTRICT #423 RELATING TO THE ESTABLISHMENT AND OPERATION OF A JOINTLY SPONSORED GROUNDS MAINTENANCE PROGRAM THIS AGREMENT entered into this I" day of July 2018, between the CITY OF HUTCHINSON, A MINNESOTA MUNICIPAL CORPORATION ("City") and INDEPENDENT SCHOOL DISTRICT NO.423, MCLEOD COUNTY, MINNESOTA, A MINNESOTA MUTUAL MUNICIPAL COPORATION ("Sehee Dist,: +" "School District"). WHEREAS, the School District is organized for the purpose of providing public school education and does provide extracurricular activities for which it maintains expenses; playgrounds, ball fields and practice facilities and has adjacent to its buildings, parking areas and sidewalks that it maintains; and WHEREAS, the City is authorized to and does provide and maintain parks, recreation areas, parking areas and sidewalks adjacent to the building that it owns; and WHEREAS, the School District and the City (collectively called the "Sponsors") within their respective powers, recognizing that through economies of scale there will be cost savings to both the City and School District through a joint agreement to maintain recreation areas and they desire to cooperate in the establishment of operation of a Joint Grounds Maintenance Program. NOW, THEREFORE, the Sponsors hereby agree with each other as follows: PURPOSE OF AGREEMENT: The Sponsors shall severally, jointly and cooperatively, pursuant to the broad authority contained in Minnesota Statute §471.59 and other applicable statutes and their respective express and implied powers, establish and operate a Joint Grounds Maintenance Program. The term Joint Grounds Maintenance Program is defined, for the purposes hereof to mean the following: A program of shared equipment, materials and labor between the Sponsors to more effectively and cost efficiently maintain the parks and recreation areas of each of the Sponsors and the parking areas and sidewalks adjacent to buildings owned by the respective Sponsors. 2. To plan and establish a Grounds Maintenance Program for the green areas of the Sponsors to implement a program mowing; fertilization; herbicide/pesticide treatment; tree pruning; watering; aeration/top dressing; stripping/demarcation of lots and fields; and sign installation. (Parking lot paint by District) 3. To plan and establish a Program for snow and ice removal from the parking lots and sidewalks adjacent to the buildings of the Sponsors and to establish a schedule or time table for such snow and ice removal. (Snow hauling by District) 4. To plan and establish a Maintenance Program of the athletic fields and playgrounds of the Sponsors, including tennis courts, baseball/softball fields, and soccer/football fields, which are the real property of the respective Sponsors. (Playground replacement parts by District) 5. Real property, equipment, supplies and employees furnished by either party hereto shall remain the property and/or employees of the party so furnishing them, except that nothing herein shall be construed as to prohibit the purchase of grounds maintenance supplies or equipment with the use of joint funds, if so agreed by the parties. LIABILITY INSURANCE: Each sponsor shall maintain public liability insurance coverage upon its public resources, including its land, buildings, machinery and employees in an amount at least as great as any statutorily imposed exposure. Employees of, and machinery and materials owned by the respective sponsors shall be deemed to remain the employee and resource of that Sponsor for insurance and liability purposes. The Sponsors agree to obtain a separate liability insurance policy to insure the Joint Grounds Maintenance Program, if necessary. SUPERVISION OF PROGRAM: All activities of the grounds Maintenance Program shall be under the direct supervision of the Superintendent of Schools and the City Administrator. LENGTH OF AGREEMENT AND WITHDRAWL: This Agreement shall remain in force and effect for a period of two (2) years from July 1, 2018 thru June 30, 2020. However, this Agreement may be terminated by either party hereto by written notice to the other parry with at least one (1) year notice prior to the date of desired termination. CONSIDERATION: The School District agrees to provide a cash payment to the City of Hutchinson in the amount of $81,500.00 annually for the term of this Agreement in consideration for the ground program services identified within the Agreement and provided by the City of Hutchinson. This consideration shall be reviewed annually as part of the budget development process. 2 ACCOUNTING: Each party to this Agreement agrees to make all financial documents available for inspection by the other, if requested, with a three (3) day written notice. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by the respective duly authorized officers of the City Council of Hutchinson, Minnesota and School Board of Independent School District No. 423. INDEPENDENT SCHOOL DISTRICT NO. 423 CITY OF HUTCHINSON McLeod County, Minnesota McLeod County, Minnesota School Board Chairperson Superintendent of Schools Attest: School Board Clerk Mayor City Administrator Finance Manager Dated: Dated: CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 05/25/2018 EFT707 EFTPS PAYROLL 5/6 - 5/19/2018 65,521.77 05/25/2018 EFT708 MN Dept of Revenue PAYROLL 5/6 - 5/19/2018 13,522.30 05/25/2018 EFT709 Provident Life and Acc Ins PAYROLL 5/6 - 5/19/2018 703.64 05/25/2018 EFT710 PERA PAYROLL 5/6 - 5/19/2018 50,697.73 05/25/2018 EFT711 TASC-Flex PAYROLL 5/6 - 5/19/2018 1,816.06 05/25/2018 EFT712 TASC-H S A PAYROLL 5/6 - 5/19/2018 12,954.36 05/25/2018 EFT713 ICMA PAYROLL 5/6 - 5/19/2018 2,148.56 05/25/2018 EFT714 VOYA PAYROLL 5/6 - 5/19/2018 740.00 05/25/2018 EFT715 MNDCP PAYROLL 5/6 - 5/19/2018 305.00 05/25/2018 201104 MNPEA PAYROLL 5/6 - 5/19/2018 663.00 05/25/2018 201105 Unum Life Ins PAYROLL 5/6 - 5/19/2018 1,045.90 05/25/2018 201106 HART PAYROLL 5/6 - 5/19/2018 566.37 05/25/2018 201107 GIFFERSON, TOM REIMB: MEAL/FUEL FOR MN CHIEFS OF POLICE 47.86 05/29/2018 201108 HUTCHINSON, CITY OF AQUATIC CENTER START-UP CASH 1,485.00 06/12/2018 201109 A R ENGH HEATING & AIR CONDITIONING SERVICE CALL- BOILER DOWN - WWTP 225.00 06/12/2018 201110 ACE HARDWARE VARIOUS R&M SUPPLIES 1,104.05 06/12/2018 201111 VOID - 06/12/2018 201112 AG SYSTEMS STREETS UNIT 613: EQUIPMENT PARTS 13.76 06/12/2018 201113 AIM ELECTRONICS INC CARRYING CASE FOR SCOREBOARD PARTS 50.00 06/12/2018 201114 ALLIED PRODUCTS MN, US & MIA FLAGS - POLICE 165.92 06/12/2018 201115 ALPHA TRAINING & TACTICS LLC CONCEALABLE BODY ARMOR - POLICE 5,621.94 06/12/2018 201116 AMERICAN BOTTLING CO MAY COST OF GOODS - LIQUOR 334.64 06/12/2018 201117 AMERICAN LEGION STATE CONVENTION PROGRAM ADVERTISING 175.00 06/12/2018 201118 AMERICINN CORY FRANEK LODGING -TRAINING 322.23 06/12/2018 201119 AMERIPRIDE SERVICES TOWEL BAR, MOPS, MATS, LAUNDRY BAG 216.72 06/12/2018 201120 ARCTIC GLACIER USA INC. MAY COST OF GOODS - LIQUOR 1,343.12 06/12/2018 201121 ARNESON DISTRIBUTING CO MAY COST OF GOODS - LIQUOR 2,363.20 06/12/2018 201122 ARNOLD'S OF GLENCOE INC ST 113: PATCH TRAILER PARTS 19.50 06/12/2018 201123 ARTISAN BEER COMPANY MAY COST OF GOODS - LIQUOR 2,162.60 06/12/2018 201124 AUTO VALUE - GLENCOE VARIOUS AUTO R&M SUPPLIES 200.56 06/12/2018 201125 B & C PLUMBING & HEATING INC SPRING SERVICE CONTRACT; EXTRA- DIAGNOS 2,400.00 06/12/2018 201126 B.W. WELDING EQUIPMENT PARTS FOR WWTP 490.00 06/12/2018 201127 BARGEN INC GAP REPAIR-2ND AVE SW FROM LYNN TO DALE 3,600.00 06/12/2018 201128 BASF CORPORATION MULCH COLORANT- CREEKSIDE 8,064.00 06/12/2018 201129 BEACON ATHLETICS REPLACEMENT PORTABLE FENCE POLES 334.00 06/12/2018 201130 BELLBOY CORP MAY & JUNE COST OF GOODS - LIQUOR 2,813.28 06/12/2018 201131 BENNY'S MEAT MARKET HOT DOGS, PATTIES - RECREATION CONCESSIONS 250.00 06/12/2018 201132 BERNICK'S JUNE COST OF GOODS - LIQUOR 3,491.91 06/12/2018 201133 BETTER HALF EMBROIDERY CITY LOGO SHIRTS - BLDG INSP / PLAN & ZONING 666.86 06/12/2018 201134 BIOBAG AMERICAS INC COMPOSTABLE BIO-BAGS - REFUSE 8,066.00 06/12/2018 201135 BIOCYCLE 2 YEAR SUBSCRIPTION - REFUSE 120.00 06/12/2018 201136 BLUE EARTH COUNTY SHERIFF 2018 REGIONAL LOGGING MAINT FEE - POLICE 2,917.79 06/12/2018 201137 BOLTON & MENK INC. DESIGN & BID ADMIN - AIRPORT HANGAR PROJECT 3,749.90 06/12/2018 201138 BORDSON, CALE FOOTWEAR REIMB - PARKS SEASONAL 94.99 06/12/2018 201139 BRANDED SOLUTIONS APPAREL W/ LOGO - POLICE 726.38 06/12/2018 201140 BRAUN INTERTEC CORP GEOTECH EVAL: SERVICES THRU 4/27/18 - PMP 4,449.50 06/12/2018 201141 BREAKTHRU BEVERAGE MAY COST OF GOODS - LIQUOR 15,548.54 06/12/2018 201142 C & L DISTRIBUTING MAY COST OF GOODS - LIQUOR 87,441.85 06/12/2018 201143 CANNON RIVER WINERY MAY COST OF GOODS - LIQUOR 144.00 06/12/2018 201144 CARD SERVICES VARIOUS CASH WISE PURCHASES 273.57 06/12/2018 201145 CARLOS CREEK WINERY MAY COST OF GOODS - LIQUOR 1,056.00 06/12/2018 201146 CASH DRAWER #4 REPLENISH CITY CENTER PETTY CASH 81.00 06/12/2018 201147 CENTRAL HYDRAULICS VARIOUS EQUIPMENT R&M SUPPLIES 246.69 06/12/2018 201148 CENTURY FENCE BACKSTOPS & FENCING - RIVERSIDE/TARTAN PKS 64,900.00 06/12/2018 201149 CHEMISOLV CORP WASTEWATER CHEMICALS 2,520.00 06/12/2018 201150 CINTAS CORPORATION MATS, COVERALLS, BATHROOM SUPPLIES 187.44 06/12/2018 201151 CLARKE ENVIRONMENTAL MOSQUITO MANAG MAY SERVICE: ULV & LARVAL TREATMENTS 8,250.00 06/12/2018 201152 COMMISSIONER OF TRANSPORTATION ADVERTISING DEVICES PERMIT RENEWAL 4462 60.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 06/12/2018 201153 CONWAY DATA, INC. 2018-19 MN ECON DEV GUIDE - EDA 6,270.00 06/12/2018 201154 CORE & MAIN LP METER GASKETS AND PARTS - WATER 1,043.29 06/12/2018 201155 CORROW, NOAH REIMB: SAFETY FOOTWEAR - PARKS SEASONAL 175.00 06/12/2018 201156 COUNTRYSIDE FLAGPOLE US FLAGS - CITY CENTER & SENIOR DINING 78.00 06/12/2018 201157 CROW RIVER AUTO & TRUCK REPAIR MAINT & REPAIRS - VARIOUS POLICE VEHICLES 1,473.02 06/12/2018 201158 CROW RIVER FLORAL & GIFTS BABY GIRL ARRANGEMENT - MONTANA HEMLING 42.50 06/12/2018 201160 CROW RIVER PRESS INC CAMPGROUND BROCHURES 128.57 06/12/2018 201161 CROW RIVER WINERY MAY COST OF GOODS - LIQUOR 822.70 06/12/2018 201162 CURRENT RESIDENT UB refund for account: 2-803-0720-6-03 60.49 06/12/2018 201163 D2 SERVICES, INC. LABOR & TRAVEL FOR SUPPORT SERVICES - WWTP 3,308.00 06/12/2018 201164 DAAK REFRIGERATION REPAIR UPRIGHT FREEZER AT ROBERTS PARK 158.00 06/12/2018 201165 DELL MARKETING L.P. COMPUTER FOR POLICE INVESTIGATIONS 633.42 06/12/2018 201166 DENISE FISCHER REFUND: REGISTERED FOR WRONG CLASS 40.00 06/12/2018 201167 DOSTAL ELECTRONIC'S CENTER MICROPHONES - EVENT CENTER 149.95 06/12/2018 201168 DUNDEE ARRANGEMENT: RICHARD KOSEK FUNERAL 57.98 06/12/2018 201169 DVS RENEWAL RENEWAL TABS FOR TWO POLICE SUVs 42.00 06/12/2018 201170 DYNA SYSTEMS ANCHOR HAMMER DRIV CONCRETE - WWTP 84.49 06/12/2018 201171 E2 ELECTRICAL SERVICES INC TROUBLESHOOT GAS PUMP AT AIRPORT 130.00 06/12/2018 201172 ECOLAB PEST ELIMINATION RODENT PROGRAM - CREEKSIDE 155.28 06/12/2018 201173 EMERGENCY RESPONSE SOLUTIONS LLC FIRE EQUIPMENT/SUPPLIES 1,841.00 06/12/2018 201174 ENVIRONMENTAL RESOURCE ASSOC LAB SUPPLIES FOR WASTEWATER TREATMENT 411.83 06/12/2018 201175 ERICKSON ENGINEERING CO LLC CONSTRUCTION INSPECTION - 2ND AVE BRIDGE 139.50 06/12/2018 201176 ERLANDSON, BEN REIMB: TRAVEL EXP - POLICE TRAINING 553.07 06/12/2018 201177 EXNER, KENT REIMB: TRAVEL FOR VARIOUS MTGS, SUPPLIES 411.43 06/12/2018 201178 FARM -RITE EQUIPMENT SERVICE ON TOOLCAT 5610- PARKS DEPT 2,782.52 06/12/2018 201179 FASTENAL COMPANY PARKS DEPT - R&M SUPPLIES 1,706.68 06/12/2018 201180 FINANCE & COMMERCE 2018 STREET SEAL COATING: BIDS/CONSTRUCT 226.82 06/12/2018 201181 FIRESHAPES STUDIO 2018 ART SCULPTURE "DELIVER XUBERANT" 1,000.00 06/12/2018 201182 FORESTEDGE WINERY MAY COST OF GOODS - LIQUOR 234.00 06/12/2018 201183 FORESTRY SUPPLIERS INC ANCHOR, DUCKBILL- PARKS DEPT 88.32 06/12/2018 201184 FRED HOLASEK & SON INC DEEP GRASS, PETUNIAS - PARKS DEPT 3,082.16 06/12/2018 201185 GALCO INDUSTRIAL ELECTRONICS TIME DELAY RELAY - WATERPARK R&M SUPPLIES 198.83 06/12/2018 201186 GEB ELECTRIC INC INSTALL OUTSIDE RECEP FOR CLOCK - WATERPARK 665.00 06/12/2018 201187 GEMPLER'S INC LANDSCAPE RAKES -AIRPORT 109.98 06/12/2018 201188 GIFFERSON, TOM REIMB: FUEL FOR BURLINGTON INSPECTION 70.84 06/12/2018 201189 GLENCOE SILVER LAKE COMMUNITY ED 2018 SPRING SOCCER REGISTRATION 50.00 06/12/2018 201190 GOPHER STATE FIRE EQUIPMENT CO. SEMI-ANNUAL INSPECTIONS - CITY CTR / EDA 182.50 06/12/2018 201191 GOVT FINANCE OFFICERS ASSN - GFOA 2017 GFOA APPLICATION - CAFR PROGRAM 505.00 06/12/2018 201192 GRAINGER VARIOUS R&M SUPPLIES 2,722.33 06/12/2018 201193 GRAY, CRAIG 2018 ART SCULPTURE "SLICES OF HEAVEN" 1,000.00 06/12/2018 201194 GREEN EARTH LAWN CARE INC MOWING 750 DALE ST SW - NUISANCE MOWING 96.00 06/12/2018 201195 GREGORY BRADFORD REIMB: BOOKED TOO MANY NIGHTS - 1 NIGHT 16.00 06/12/2018 201196 HACH COMPANY VARIOUS SUPPLIES FOR WATER PLANT 1,126.55 06/12/2018 201197 HANSEN GRAVEL INC. APRIL CONTRACT SNOW REMOVAL 2,520.00 06/12/2018 201198 HANSON & VASEK CONSTRUCTION CONCRETE REPAIRS / RESTORATION 4,690.00 06/12/2018 201199 HAWKINS INC CHEMICALS FOR WASTEWATER & WATERPARK 5,728.19 06/12/2018 201200 HAYDAY EXPRESS CREEKSIDE FREIGHT BAGGED PRODUCT 1,300.00 06/12/2018 201201 HENNEPIN COUNTY COURT ADMIN BAIL: D PIERSON 78.00 06/12/2018 201202 HENRY'S WATERWORKS INC RED FLEXSTAKE HYDRANT MARKER (100 QUANTITY) 1,896.44 06/12/2018 201203 HENRYS FOODS INC FOILSHEETS, BOMB POPS -CONCESSIONS SUPPLY 233.31 06/12/2018 201204 HILLYARD / HUTCHINSON VARIOUS BATHROOM/CLEANING SUPPLIES 713.82 06/12/2018 201205 HJERPE CONTRACTING REPAIR WATER LEAKS & REPL CEMETERY HYDRANT 10,043.08 06/12/2018 201206 HOHENSTEINS INC MAY COST OF GOODS - LIQUOR 186.00 06/12/2018 201207 HOLT MOTORS INC SHOP PART: BRAKE CHAMBER - STREETS 58.79 06/12/2018 201208 HOLT-PETERSON BUS 7/17 THE OAKS & ZORBAZ BOAT CRUISE - SR EVENT 645.00 06/12/2018 201209 HUELIFE, LLC 2018 STRATEGIC PLANNING SESSIONS FOR CITY 6,581.32 06/12/2018 201210 HUTCHINSON CO-OP GAS, DSL, DIESEL TREAT, LP GAS, KEROSENE 1,535.11 06/12/2018 201211 HUTCHINSON CONVENTION & VISITORS BU APRIL 2018 LODGING TAX 7,009.77 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 06/12/2018 201212 HUTCHINSON EVENT CENTER WINE TASTING EVENT -LIQUOR 60.00 06/12/2018 201213 HUTCHINSON HEALTH REIMB SITZ ASSESSMENT - BETKER 2016 PURCHASE 7,063.86 06/12/2018 201214 HUTCHINSON HEALTH CARE JUNE COMMON AREA MAINT - EVENT CENTER 2,277.99 06/12/2018 201215 HUTCHINSON HRA PROCESSING FEE FOR JAMES DERAGON LOAN 400.00 06/12/2018 201216 HUTCHINSON LEADER 12 MONTH RENEWAL 4,193.85 06/12/2018 201217 HUTCHINSON SENIOR ADVISORY BOARD TOUR REIMB: MURDER MYSTERY 2,464.01 06/12/2018 201218 HUTCHINSON UTILITIES REIMB VERIZON: DAVE HALQUIST S/B ON CITY BILL 122.30 06/12/2018 201219 HUTCHINSON WHOLESALE #1550 SHOP SUPPLIES - HATS 178.68 06/12/2018 201220 HUTCHINSON WHOLESALE #1551 SHOP SUPPLIES- CREEKSIDE 17.19 06/12/2018 201221 HUTCHINSON WHOLESALE #1552 SHOP SUPPLIES - PARKS DEPT 2,218.49 06/12/2018 201222 HUTCHINSON, CITY OF WATER & SEWER 4/1 - 4/30'18 1,334.27 06/12/2018 201223 HUTCHINSON, CITY OF REPLENISH ATM AT CITY CENTER 5,000.00 06/12/2018 201224 IDEAL SERVICE INC EMERG REPAIR -REPLACED BFD'S ON PUMPS-WWTP 4,015.00 06/12/2018 201225 INGSTAD BROADCASTING MAY ADVERTISING - LIQUOR & SENIOR EVENT 1,103.50 06/12/2018 201226 INTERNATIONAL CODE COUNCIL INC MEMBER #0291610 DUES - PLANNING 135.00 06/12/2018 201227 INTERSTATE BATTERY SYSTEM MINNEAPOL SHOP PARTS- BATTERIES 724.75 06/12/2018 201228 ISD #423 APRIL 2018 CLASSES - REIMB FOR FEES COLLECTED 10,140.00 06/12/2018 201229 J & B PALLETS PALLET SUPPLY FOR CREEKSIDE INVENTORY 7,020.00 06/12/2018 201230 JACK'S UNIFORMS & EQUIPMENT CUSTOM BADGES (3) - POLICE 320.99 06/12/2018 201231 JAMES DERAGON HRA MHFA FIX -UP FUND LOAN 21,037.30 06/12/2018 201232 JAY MALONE MOTORS OIL CHG / TIRE ROTATE - BLDG INSP & PARKS 125.93 06/12/2018 201233 JEFF MEEHAN SALES INC. MARCH 2O18 CREEKSIDE COMMISSIONS 16,737.08 06/12/2018 1201234 JEFFERSON FIRE & SAFETY INC FOAM & FIRE TRUCK REAR INTAKE ADAPTERS 2,071.74 06/12/2018 201235 JJ TAYLOR DIST OF MN MAY COST OF GOODS - LIQUOR 12,701.47 06/12/2018 201236 JOANIE'S CATERING LLC ONE MEAT BUFFET - ADAPTIVE REC/SENIOR CTR 1,000.00 06/12/2018 201237 JOE'S SPORT SHOP RECREATION T-SHIRTS; BOWLING, TBALL, SOFTBALL 1,897.50 06/12/2018 201238 JOHNSON BROTHERS LIQUOR CO. MAY COST OF GOODS - LIQUOR 53,619.46 06/12/2018 201239 JOHNSON CONTROLS FIRE PROTECTION LP EVENT CENTER CONTRACT 6/1/18 - 5/31/19 217.26 06/12/2018 201240 JUERGENSEN, JUSTIN REIMB: MILEAGE FOR WELLS FARGO SEMINAR 58.86 06/12/2018 201241 JUUL CONTRACTING CO CONTRACTED REPAIR WORK 6,001.50 06/12/2018 201242 KAHNKE BROTHERS NURSERY FLOWERS FOR PLANTING - PARKS DEPT 474.71 06/12/2018 201243 KALENBERG, STEPHEN REIMB FOOTWEAR - STREETS SEASONAL 175.00 06/12/2018 201244 KERI'S CLEANING MAY CONTRACT CLEANING - VARIOUS FACILITIES 3,426.50 06/12/2018 201245 KOHLS SWEEPING SERVICE 4/11, 4/12, 5/4 JD 700H DOZER - CREEKSIDE 942.50 06/12/2018 201246 KONERZA, STACY DJ DANCE - SENIOR CENTER EVENT 100.00 06/12/2018 201247 L & P SUPPLY CO MOWER PARTS, WEED WHIPS, FUEL 1,174.09 06/12/2018 201248 LDV, INC. CUSTOM BUILT BOX FOR POLICE SRT VEHICLE 122,831.00 06/12/2018 201249 LEVINE, AMY UB refund for account: 3-105-9170-0-00 336.34 06/12/2018 201250 LIBERTE CONSTRUCTION REFUND ON TWO BUILDING PERMITS 102.00 06/12/2018 201251 LIEN, MIKE REIMB: TRAVEL FOR HANDS -ON -TRAINING 175.09 06/12/2018 201252 LOCHER BROTHERS INC MAY & JUNE COST OF GOODS - LIQUOR 45,494.57 06/12/2018 201253 MARCO TECHNOLOGIES, LLC COPIER CONTRACT 5/20 - 6/20'18 - CITY CENTER 353.39 06/12/2018 201254 MARSHALL CONCRETE PRODUCTS VETERANS PARK: PAVE EDGING, SAND 282.32 06/12/2018 201255 MCLEOD COUNTY AUDITOR -TREASURER 2018 AERIAL PHOTOGRAPHY PROJECT CONTRIB 14,328.00 06/12/2018 201256 MCMA MATTJAUNICH MEMBERHIP RENEWAL 144.45 06/12/2018 201257 MENARDS HUTCHINSON VARIOUS R&M SUPPLIES 1,848.48 06/12/2018 201258 VOID - 06/12/2018 201259 MESSNER, KEITH REIMB: DOUGHNUTS FOR ADA BUS COMPLIANCE 35.96 06/12/2018 201260 MIDWEST PLAYSCAPES INC. ROTARY FITNESS EQUIPMENT VANDALISM REPAIR 580.25 06/12/2018 201261 MINNESOTA DEPT OF HEALTH Q2 2018 STATE FEE - WATER CONNECTIONS 7,935.00 06/12/2018 201262 MINNESOTA DEPT OF MOTOR VEHICLE TITLE & REGIS (2 PARKS 2018 F150s) 2,872.60 06/12/2018 201263 MINNESOTA DEPT OF TRANSPORTATION 3 YEAR RENEWAL OF PUBLIC USE LANDING ARE 40.00 06/12/2018 201264 MINNESOTA PETROLEUM SERVICE HATS & AIRPORT FUEL SYSTEM REPAIRS/MONITOR 1,082.25 06/12/2018 201265 MINNESOTA SPORTS FEDERATION HUTCHINSON MEN'S SLOW PITCH 160.00 06/12/2018 201266 MINNESOTA VALLEY TESTING LAB VARIOUS TESTING FOR WASTEWATER 1,410.30 06/12/2018 201267 MRAZ, JACOB REIMB FOOTWEAR - PARKS SEASONAL 94.99 06/12/2018 201268 MWOA 42ND ANNUAL CONF: CORY FRANEK REGISTRATION 250.00 06/12/2018 201269 NEW FRANCE WINE MAY COST OF GOODS - LIQUOR 762.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 06/12/2018 201270 NORTH CENTRAL LABORATORIES LAB SUPPLIES FOR WASTEWATER TREATMENT 296.13 06/12/2018 201271 NORTHERN BUSINESS PRODUCTS OFFICE & RESTROOM SUPPLIES 403.47 06/12/2018 201272 NORTHERN TIER TRANSPORTATION LLC CREEKSIDE FREIGHT TO VARIOUS LOCATIONS 2,600.00 06/12/2018 201273 NORTHWEST ASPHALT & MAINTENANCE CRACK FILL MATERIAL, ROUTE & SEAL, PLACE 24,882.00 06/12/2018 201274 NORTROM, ALICIA REIMB: MEALS FOR POLICE TRAINING 120.33 06/12/2018 201275 NU -TELECOM June Phone Service 5,341.45 06/12/2018 201276 O'REILLY AUTO PARTS VARIOUS AUTO R&M SUPPLIES 44.02 06/12/2018 201277 OENOPHILIA MAY COST OF GOODS - LIQUOR 79.76 06/12/2018 201278 OFFICE OF MN IT SERVICES APRIL SERVICES - DMV 206.08 06/12/2018 201280 PAUSTIS WINE COMPANY MAY COST OF GOODS - LIQUOR 2,324.17 06/12/2018 201281 PELLINEN LAND SURVEYING ALBRECHT EASEMENTS (2) 560.00 06/12/2018 201282 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMPORARY STAFFING - MAY 11,315.14 06/12/2018 201283 PHILLIPS WINE & SPIRITS MAY COST OF GOODS - LIQUOR 27,685.30 06/12/2018 201284 PIEHL, CHAD & JO UB refund for account: 3-840-0120-2-01 9.52 06/12/2018 201285 PIKE TRANSFER LLC CREEKSIDE FREIGHT TO FRATTELONE'S 325.00 06/12/2018 201286 PLUMBING & HEATING BY CRAIG WALL HYDRANT- EDA ENTERPRISE CENTER 433.93 06/12/2018 201287 PMC WONDERBLENDREBATEPROJECT- CREEKSIDE 2,344.33 06/12/2018 201288 POSTMASTER POSTAGE FOR UTILITY BILLS 1,600.00 06/12/2018 201289 POSTMASTER ADD'L POSTAGE FOR UTILITY BILLS 50.00 06/12/2018 201290 QT PETROLEUM ON DEMAND LLC REPLACE AIRPORT FUEL CREDIT CARD SYSTEM 12,245.00 06/12/2018 201291 QUILL CORP VARIOUS OPERATING SUPPLIES 194.48 06/12/2018 201292 R & H PAINTING MANHOLE LINING / PREP & PAINT PUMPS - WWTP 50,150.00 06/12/2018 201293 R & R EXCAVATING 1_31318-03 5/1/18 - 5/31/18 PROGRESS PMT 101,017.08 06/12/2018 201294 RAMSTAD TECHNOLOGIES LLC 2ND AVE BRIDGE - RELOCATE FIBER CABLES 3,044.00 06/12/2018 201295 RATH RACING INC STATION HOSE/TRUCK WASHER: MAT & LABOR 167.50 06/12/2018 201296 RDO EQUIPMENT CO. 1 YEAR JDLINK RENEWAL - CREEKSIDE 500.00 06/12/2018 201297 RECREONICS AUTOMATIC POOL CLEANER - WATERPARK 4,084.08 06/12/2018 201298 REFLECTIVE APPAREL FACTORY INC SHIRTS, HOODIES, BOMBERS -STREETS 1,360.22 06/12/2018 201299 REINER ENTERPRISES INC CREEKSIDE FREIGHT - CUB FOODS LOCATIONS 27,903.18 06/12/2018 201300 RICH WESTLUND REIMB: MAILBOX REPAIR 252.75 06/12/2018 201301 RIZZO, JULIE UB refund for account: 3-340-3100-8-00 2.89 06/12/2018 201302 RJO CORPORATE SHIRTS FOR RECREATION PROGRAMS 1,007.00 06/12/2018 201303 RUNNING'S SUPPLY VARIOUS R&M SUPPLIES 959.40 06/12/2018 201304 SAM'S CLUB DIRECT WATERPARK/RECREATION CONCESSIONS 510.12 06/12/2018 201305 SCHIROO ELECTRICAL REBUILDING INC STRT-613-HTK: REPAIR KIT, REGULATOR 112.85 06/12/2018 201306 SEBORA, MARC REIMB: MILEAGE/MEALS TO GLENCOE, COURT, 260.93 06/12/2018 201307 SEPPELT, MILES REIMB: MILEAGE TO DELIVER YST GRANT APP 47.42 06/12/2018 201308 SHAW, KAREN MAY 2018 CLASSES 210.00 06/12/2018 201309 SHERWIN WILLIAMS PAINT -RECREATION BUILDING 52.18 06/12/2018 201310 SHORT-ELLIOT-HENDRICKSON, INC ASSIST W/ INITIAL PHASE OF SANITARY SEWER 880.00 06/12/2018 201311 SITYANN TRUCKING, LLC CREEKSIDE FREIGHT TO ST PAUL & WATERLOO 1,250.00 06/12/2018 201312 SIGMA CONTROLS, INC. CABLE FOR WATER PLANT 1,170.36 06/12/2018 201313 SOUTHERN WINE & SPIRITS OF MN MAY COST OF GOODS - LIQUOR 25,150.70 06/12/2018 201314 SPRING LAKE ENGINEERING WW LIFT STATION CONTROLS 710.00 06/12/2018 201315 SRF CONSULTING GROUP SGR INTERSECTIONS STUDY 763.51 06/12/2018 201316 STANDARD PRINTING-N-MAILING MAY COST FOR PROCESSING UB BILLS / MAIL 3,141.12 06/12/2018 201317 STAPLES ADVANTAGE VARIOUS OFFICE SUPPLIES 540.85 06/12/2018 201318 STAR TRIBUNE 6/1/18 - 5/31/19 169.00 06/12/2018 201319 STREICH TRUCKING CREEKSIDE FREIGHT TO FRIDLEY & LYNDE 3,572.56 06/12/2018 201320 SUN LIFE FINANCIAL MAY DENTAL CLAIMS/DUNE ADMIN FEES 8,062.93 06/12/2018 201321 TASC 7/1/18-9/30/18 HSA Adm. Fees 1,377.69 06/12/2018 201322 TEK MECHANICAL ROTARY PARK TOILET PARTS 21.28 06/12/2018 201323 TESSMAN COMPANY ATHLETIC FIELDS: LINE MARKER PLUS 480.72 06/12/2018 201324 THOMPSON, MITCHELL REIMB: FOOTWEAR -STREETS 107.99 06/12/2018 201325 TOWMASTER INC. ST 113: PATCH TRAILER PARTS: STUD DRIVE- 128.99 06/12/2018 201326 TRIPLE G COMPANIES APRIL SNOW REMOVAL 700.00 06/12/2018 201327 TRUE BRANDS AERATING WINE POURER -LIQUOR COST OF GOODS 59.88 06/12/2018 201328 ULINE ROBERTS PARK: MATS, PADDED STOOL, TRASH 338.99 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 06/12/2018 201329 UNITED PACKAGING & DESIGN SLIP SHEETS - CREEKSIDE PALLETING ITEM 6,540.00 06/12/2018 201330 UNIVERSAL ATHLETIC SERVICE INC PARK ELEM COURTS: TENNIS NET 55.63 06/12/2018 201331 UNUM LIFE INSURANCE CO OF AMERICA June Life Insurance Premiums 2,332.87 06/12/2018 201332 URBAN SPRITE MEDIA 4/16 - 4/23'18: 15 MIN RADIO SPOTS 750.00 06/12/2018 201333 USA BLUE BOOK BUFFER PACK, CALGAS 507.49 06/12/2018 201334 VERIZON WIRELESS SERVICES APR 11- MAY 10 3,304.96 06/12/2018 201335 VIKING BEER MAY COST OF GOODS - LIQUOR 35,916.30 06/12/2018 201336 VIKING COCA COLA MAY COST OF GOODS - LIQUOR 1,078.24 06/12/2018 201337 VINOCOPIA INC MAY COST OF GOODS - LIQUOR 2,002.34 06/12/2018 201338 VIVID IMAGE WEBSITE UPDATES - VARIOUS CITY SITES 3,000.00 06/12/2018 201339 WALL STREET JOURNAL 1YEAR SUBSCRIPTION 467.88 06/12/2018 201340 WALSH, OLIVIA REIMB: FOOTWEAR - PARKS DEPT 174.95 06/12/2018 201341 WASTE MANAGEMENT OF WI -MN REFUSE - LANDFILL DISPOSAL MAY 1ST - 15TH 5,831.74 06/12/2018 201342 WHEATLEY, ELIZABETH REIMB: FOOTWEAR - PARKS DEPT 134.17 06/12/2018 201343 WINE COMPANY, THE MAY COST OF GOODS - LIQUOR 3,458.25 06/12/2018 201344 WINE MERCHANTS INC MAY COST OF GOODS - LIQUOR 1,321.93 06/12/2018 201345 WISHIK, KELSEY 2018 ART SCULPTURE "Seat the Sound Singularity" 1,000.00 06/12/2018 201346 WM MUELLER & SONS 2018 STREET PATCHING & REPAIR WORK 9,999.25 06/12/2018 201347 WOODHALL, DOUGLAS USE OF FORCE INSTRUCTOR COURSE: A ERLANDSON 300.00 06/12/2018 201348 YEPEZ, VICTOR 2018 ART SCULPTURE "HORSE SCULPTURE" 1,000.00 Total - Check Disbursement $ 1,250,945.42 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 05/23/18 - 06/12/18 Check Date Check Vendor Name Description Amount 06/12/2018 201159 CROW RIVER GLASS INC. STATION SERVICE DOOR: LITE KIT, TEMPERED 427.85 06/12/2018 201279 OUTDOOR MOTION LIGHTS, HELMETS 276.93 Total - Check Disbursement $ 704.78 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Public Hearing for City Alley #17 Improvements Project (1_7/P18-07) Department: PW/Eng LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: City staff will be administering a Public Hearing for the City Alley #17 Improvements project. As previously discussed with the City Council, staff has researched past alley improvement projects and associated special assessments. Please note that not many alley improvement projects have been administered in the past 15 years. The most similar improvement to what is being proposed on City Alley #17 would be a 2008 project that implemented bituminous paving on the alley just to the east of the depot property (behind B & C Plumbing) which assessed $40.00/LF on a frontage basis. Also, the current City Special Assessment Policy was reviewed with respect to alley improvements and the following statements were noted; "Generally, all of the costs of new alleys are borne by property owners. One-half of the costs of constructing new pavement in an existing alley or repaving existing paved alleys will generally be assessed to property owners. The City, however, reserves the right to participate at any level in the construction or reconstruction of alleys or to assess costs using existing rate schedules." The estimated total project cost (including engineering and administration fees) for the Alley #17 improvements is $64,856.00 (bituminous paving with concrete curbing on one side and no storm sewer installations) which results in a rate of approximately $98.27 (660 LF of frontage). However, City staff would recommend that the targeted 50% parameter be utilized to be consistent with past projects and acknowledge that the City typically benefits from paved alleys existing (improved drainage, less regular maintenance efforts, dust control, etc.). Thus, to be similar to how City street improvements are assessed, staff would recommend that an assessment rate of $50.00/LF for bituminous alleys and $65.00 for concrete alleys be established for this project and included within the City's fee schedule document in the future. Furthermore, similar to street projects, the City may assess for approximately 50% of necessary drainage improvements, storm sewer utilities and/or restoration costs (dependent on specific scope of work). Please note the attached correspondence from adjacent property owners regarding this proposed project. Following a brief project overview by City staff and potential public comments, staff will request that the City Council move forward with the final preparation and approval of project plans/specifications. The scheduled bid opening date is Thursday,July 12th 11:30 AM). BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 64,856.00 Total City Cost: $ 31,856.00 Funding Source: City Bonding Remaining Cost: $ 33,000.00 Funding Source: Improvement Special Assessments RESOLUTION NO. 14906 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 7/PROJECT NO. 18-07 WHEREAS, a resolution of the City Council adopted the 22nd day of May 2018, fixed a date for a Council Hearing on the following improvements: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost-effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 22nd day of May, 2018. 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 12th day of June 2018. Mayor: Gary Forcier City Administrator: Matt Jaunich RESOLUTION NO. 14907 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 7/PROJECT NO. 18-07 WHEREAS, the Director of Engineering/Public Works has prepared plans and specifications for the following described improvement: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & Franklin St): Alley improvements by construction of grading, aggregate base, concrete curbing, bituminous/concrete pavement, 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 11:30 am on Thursday, July 12th, 2018, 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, August 28, 2018 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 12th day of June, 2018. Mayor: Gary Forcier City Administrator: Matthew Jaunich Kent Exner From: Loren Blakeslee <loren_blakeslee@yahoo.com> Sent: Tuesday, November 21, 2017 6:03 PM To: Kent Exner Subject: Project 17-15 City Alley 17 Improvement Project Hi Kent: Thank you for speaking to me and hearing my views at the open house tonight (I 1 / 21). You asked me to send you an email concerning my concerns about the project, so I thought I'd write to you while everything is fresh in mind about it. The following are my reasons for opposing the alley to be paved: 1. The cost of the project is prohibitive for me, as am retired and live on a fixed income. A $50 - $100 monthly increase in my taxes would be very prohibitive for me. I would also think the City would find their expense to be unnecessary, as well. I'm sure the City could find other much better uses for the money they would have to spend on this project. However, if the people who wish to have the alley paved would like to pay for my share, they have my permission to do so. 2. Three of the four corner residents of the block do not use the alley at all, as their garages are on the street, so I'm quite sure they are not going to want this added expense. In speaking with the fourth resident whose garage is on the street, but who partially uses the alley, he is not in favor of it either. 3. Contrary to the cited reasons that paving the alley would increase the value of my home, I find this not to be true. I'd like to see some definite proof that a paved alley adds to a home's property value. I've never come across this before in any home for sale I've looked at or seen listed. 4. The alley is working just fine as it is. It needs to be graded a few times a year, but I'm sure the cost of that is nothing compared to the cost of paving it. It still needs to be plowed in the wintertime as well. Again, Kent, thanks for your time and listening to my concerns. If you need any further information or input, just let me know. I will be attending next week's Public Hearing at 6:00 p.m. Have a very nice Thanksgiving! Loren Blakeslee 636 Franklin St. SW Hutchinson, MN 55350 Phone: 320--455-9305 Email: loren_blakeslee&ahoo. com 1 6/5r 0 1 To-. Hutchinson City Council Rea Improvement Letting NO. 7/PROJECT NO. 1 - 7 Fr-. William K Weide, Owner oI540 SW Glen St. Hutchinson Sincerely, William K Weide PUBLICATION NO.8285 NOTICE OF HEARING ON IMPROVEMENT LETTING NO. 7/PROJECT NO. 18-07 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council of Hutchinson. Minnesota, will meet in the Council Chambers of the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 12th day of June, 2018, to consider the making of an improvement of Letting No. 7/Project No. 18-07, an improvement of: City Alley #17 located from Milwaukee Ave SW to Miller Ave SW (between Glen St & FranMin St): Alley improvements by consiruc#ion of grading, aggregate base, concrete curbing, bituminous/concrete pavement, restoration and appurtenances, pursuant to Minnesota Statutes, Sections 429.011 to 429.111, The estimated City cost of said improvement is $32,428.00, and an Assessable cost of $32,428.00 for the total estimated cost of $64,856,00. A reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire to be heard with reference to the proposed improvement will be heard at this meeting. Dated: 05/22/2018 Matthew Ja ch, City Admini for PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION. PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, MAY 30TH, 2018 AND WEDNESDAY, JUNE 6TH, 2018. HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Discussion on a HUC Rate Changes Department: Administration LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: On June 4, 2018, the City was officially notified by the Hutchinson Utilities Commission that they would be changing their electric and gas rates for 2018 and 2019. This notification to the City was being done per section 11.04 of our City Charter. If we would have any desire to veto this rate change, we have 30 days to do so. This item is on the agenda for discussion purposes. I'll be looking for any direction from you on our reaction to these proposed changes. If we have a desire to have a special workshop with the HUC Board, we should discuss that and look to schedule something. BOARD ACTION REQUESTED: No action required. Discussion only Fiscal Impact: $ 0.00 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: Hutchinson Utilities Commission June 4, 2018 Honorable Mayor Forcier and Council Members 111 Hassan Street SE Hutchinson, MN 55350 Dear City Council, 225 Michigan Street SE Hutchinson, MN 55350-1905 320-587-4746 1 Fax 320-587-4721 www.hutchinsonutilities.com Putting All of Our Energy into Serving You The purpose of this letter is to provide notice to the City of Hutchinson that on Wednesday May 30, 2018 the Hutchinson Utilities Commission (HUC) approved resolution 18-02 changing the rate structure for all customer classes within the Electric & Natural Gas Divisions. Pursuant to the City of Hutchinson Charter section 11.04, such veto power shall be exercised, if at all, within 30 days after the council has received notice of any proposed change in charge and rate. Over the past year, the HUC has been engaged in an extensive Cost of Service Study (COS study). This type of study is common practice in the energy industry and is the basis for setting rates. Several of the key areas of focus were the utilities operational expenses & capital improvement plan, 5-year financial projections, appropriateness of financial benchmarks, and revenue collections through monthly customer bills. The purpose of the COS study is to ensure revenue collections are sufficient to cover the various cost components of a utility and to highlight any subsidies between customer classes. HUC hired the firm Utility Financials Solutions, LLC out of Michigan to do the extensive study. The last COS study was completed in 2012 using 2010 test data. On January 17, 2018 Utility Financial Solutions, LLC presented the results of the COS study to the HUC and the City Council. The results showed HUC is currently in good financial position, appropriately forecasts operational and capital expenses, and that the financial policies adopted by the HUC met the benchmarks utilized by Utility Financial Solutions, LLC as part of the COS study. Based on the COS study results and feedback from the HUC the next phase was discussion on appropriate rate designs and potential glide paths to follow for each division to achieve the goals of the HUC. The final phase took approximately 4 months of meetings and review of data, which focused on rate design structures and various +/- bandwidth scenarios to determine the appropriate course of action while minimizing the impact to customers. The direction of HUC was to first stay revenue neutral. This means based on the rate structure designs the HUC will not be generating additional revenue. The collections of revenue between classifications will change slightly but not the overall revenue collected. Secondly, the HUC wants to align the various cost components of the utilities more closely with the monthly revenue components collected on a customer's bill. Finally, the HUC's direction was to follow a 6-year glide path for the Electric division and a 9-year glide path for the Natural Gas division. The purpose of these glide paths is to achieve moving the various customer classes within each division towards more equitability between classes. The 2-year rate design restructure only accommodates the first 2 years down the respective glide paths. However, this will allow the HUC to review the first 2 years of the rate redesign to ensure revenue collections are staying consistent with the discussed glide path timeframes. The intent is to adjust the rate structure each fall when energy consumption in both divisions is typically lower to minimize the impact to customers. In conclusion, please find enclosed with the memo much of the information reviewed and discussed at length by the HUC over the past 12 months that lead to approval of resolution 18-02. Throughout the process, the consultant had many recommendations that the board strongly considered. I would be glad to meet with the City Council to review the information enclosed to provide more context to the materials and answer any questions. Sincerely, Jeremy J. Carter General Manager Hutchinson Utilities Commission Resolution No. 18-02 A RESOLUTION CHANGING THE HUTCHINSON UTILITIES COMMISSION RATE STRUCTURE FOR 2018 & 2019 FOR ELECTRIC AND NATURAL GAS DIVISIONS Be It Resolved by the Hutchinson Utilities Commission: That the current Electric and Natural Gas Rates paid by customers of the Hutchinson Utilities Commission be changed as follows: Electric Division Table - Current 2018 2019 Residential Monthly Customer Charge $ 6.50 $ 9.10 $ 11.70 Energy Charge (per KWH) $ 0.0872 $ 0.08504 $ 0.08290 Small General Monthly Customer Charge $ 10.00 $ 12.90 $ 15.80 Energy Charge Block 1 (0-2000 KWH) $ 0.0911 $ 0.09081 $ 0.09052 Block 2 (Excess) $ 0.0855 $ 0.08432 $ 0.08314 Large General Monthly Customer Charge $ - $ 26.90 $ 53.80 Energy Charge (per KWH) $ 0.07370 $ 0.07003 $ 0.06637 Demand Charge (per KW) $ 6.00 $ 7.00 $ 8.00 Large Industrial Monthly Customer Charge $ - $ 75.20 $ 150.40 Energy Charge (per KWH) $ 0.06100 $ 0.05890 $ 0.05680 Demand Charge (per KW) $ 7.00 $ 8.00 $ 9.00 Natural Gas Table - Current 2018 2019 Residential Monthly Customer Charge $ 6.50 $ 8.90 $ 11.30 Gas Commodity Charge ($/MCF) $ 9.0800 $ 8.6620 $ 8.2447 Commercial Monthly Customer Charge $ 31.50 $ 39.80 $ 48.10 Gas Commodity Charge ($/MCF) $ 9.0800 $ 8.8033 $ 8.5282 Large Industrial Monthly Customer Charge $ - $ 75.00 $ 145.00 Gas Commodity Charge ($/MCF) $ 8.5400 $ 8.2840 $ 8.0390 Demand Charge (Max Daily MCF per month) $ 10.0000 $ 9.5000 $ 9.0000 AND BE IT FURTHER RESOLVED, that the General Manager of the Hutchinson Utilities Commission, Jeremy J Carter, shall provide notice of these rate changes to the City Council of the City of Hutchinson. Adopted by the Hutchinson Utilities Commission this 3U'�h day of , 2018 Hutchinson Utilities Commission Monty M rrow, President Attest: Robert Wendorff, Secre Hutchinson Utilities Commission Electric Rate Design for 2018 & 2019 Utility Financial Solutions, LLC 185 Sun Meadow Court Holland, MI USA 49424 (616) 402-7045 Email: dkasbohm@ufsweb.com Submitted Respectfully by: Daniel Kasbohm Rates Manger, Utility Financial Solutions .vivis"10- r Iity !�,lutpims. LLC Hutchinson Utilities Commission Electric Rate Design for 2018 & 2019 Table of Contents Page 3 Residential 5 Electric Small General Service 7 Street Lighting 8 Security Lighting 9 Electric Large General Service 10 Large Industrial Service Hutchinson Utilities Commission Electric Rate Design for 2018 Rate Design Summary Projected Projected Revenues Under Projected Projected Revenues Under Proposed Rates Revenue Change from Customer Class Current Rates (RD) (RD) Change Current Residential $ 5,484,084 $ 5,560,861 $ 76,777 1.40% Small General Service 1,807,442 1,823,794 16,352 0.90% Street Lights 151,656 153,020 1,365 0.90% Security Lights 12,655 12,773 118 0.93% Large General Service 7,182,612 7,117,968 (64,644) -0.90% Large Industrial 11,242,760 11,220,624 (22,137) -0.20% Totals $ 25,881,208 $ 25,889,040 $ 7,832 0.03% Hutchinson Utilities Commission Electric Rate Design for 2019 Rate Design Summary Projected Projected Revenues Under Projected Projected Revenues Under Proposed Rates Revenue Change from Customer Class Current Rates (RD) (RD) Change Current Residential $ 5,560,861 $ 5,638,713 $ 77,852 1.40% Small General Service 1,823,794 1,840,146 16,352 0.90% Street Lights 153,020 154,398 1,377 0.90% Security Lights 12,773 12,892 119 0.93% Large General Service 7,117,968 7,053,906 (64,062) -0.90% Large Industrial 11,220,624 11,198,487 (22,137) -0.20% Totals $ 25,889,040 $ 25,898,542 $ 9,502 0.04% 2 Hutchinson Utilities Commission Electric Rate Design Residential Average monthly kWh units--> 722 $ 2.60 $ 2.60 6 year option--> 1.4% 1.4% Rates Current 2018 2019 Cos Monthly Facilities Charge: All Customers $ 6.50 $ 9.10 $ 11.70 $ 14.35 Energy Charge: All Energy $ 0.0872 $ 0.08504 $ 0.08290 $ 0.10280 Power Cost Adjustment: All Energy $ 0.00669 $ 0.00669 $ 0.00669 Revenue from Rate $ 5,484,084 $ 5,560,861 $ 5,638,713 Change from Previous 1.4% 1.4% Change by Monthly kWh Usage (%) 8.0% 7.0% 6.0 % 5.0% 4.0 % 3.0 % 2.0 % 1.0% 0.0 % 250 350 450 550 650 750 850 950 1050 1150 2018 2019 Change by Monthly kWh Usage ($) $ 2.50 $ 2.00 $1.50 $1.00 $0.50 250 350 450 550 650 750 850 950 1050 1150 2018 2019 Electric Rate Design 3 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Residential Average monthly kWh units--> 722 $ 2.60 $ 2.60 6 year option--> 1.4% 1.4% Monthly Bill By Energy Usage All Energy Current $ 2018 $ 2019 $ 250 $ 29.97 $ 32.03 $ 34.10 350 $ 39.36 $ 41.20 $ 43.05 450 $ 48.75 $ 50.38 $ 52.01 550 $ 58.14 $ 59.55 $ 60.97 650 $ 67.53 $ 68.72 $ 69.93 750 $ 76.92 $ 77.89 $ 78.89 850 $ 86.30 $ 87.07 $ 87.85 950 $ 95.69 $ 96.24 $ 96.80 1050 $ 105.08 $ 105.41 $ 105.76 1150 $ 114.47 $ 114.58 $ 114.72 Monthly % Change by Energy Usage All Energy 2018 2019 250 6.9% 6.4% 350 4.7% 4.5% 450 3.3% 3.2% 550 2.4% 2.4% 650 1.8% 1.8% 750 1.3% 1.3% 850 0.9% 0.9% 950 0.6% 0.6% 1050 0.3% 0.3% 1150 0.1% 0.1% Monthly $ Change by Energy Usage All Energy 2018 2019 250 $ 2.06 $ 2.06 350 $ 1.84 $ 1.85 450 $ 1.63 $ 1.64 550 $ 1.41 $ 1.42 650 $ 1.19 $ 1.21 750 $ 0.98 $ 0.99 850 $ 0.76 $ 0.78 950 $ 0.55 $ 0.56 1050 $ 0.33 $ 0.35 1150 $ 0.11 $ 0.14 Electric Rate Design 4 of 10 onnry emn�xini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Small General Service Average monthly kWh units--> 1,807 $ 2.90 $ 2.90 6 year option--> 0.9% 0.9% Rates Current 2018 2019 COS Monthly Facilities Charge: All Customers $ 10.00 $ 12.90 $ 15.80 $ 24.43 Energy Charge: Block 1 (0 - 2000 kWh) $ 0.0911 $ 0.09081 $ 0.09052 $ 0.10280 Block 2 (Excess) $ 0.0855 $ 0.08432 $ 0.08314 Power Cost Adjustment: All Energy $ 0.00669 $ 0.00669 $ 0.00669 Revenue from Rate $ 1,807,442 $ 1,823,794 $ 1,840,146 Change from Previous 0.9% 0.9% Change by Monthly kWh Usage (%) 6.0% 5.0% 4.0% 3.0% 2.0% 1.0 % 0.0% 400 700 1000 1300 1600 1900 2200 2500 2800 3100 2018 -2019 Change by Monthly kWh Usage ($) $3.00 $2.50 ..,,,,,,, , $2.00 $1.50 $1.00 $0.50 $- 400 700 1000 1300 1600 1900 2200 2500 2800 3100 -2018 -2019 Electric Rate Design 5 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Small General Service Average monthly kWh units--> 1,807 $ 2.90 $ 2.90 6 year option--> 0.9% 0.9% End Block 1 2000 Sta rt 400 Increment 300 Monthly Bill By Energy Usage Energy Block 1 Block 2 Current $ 2018 $ 2019 $ 400 400 0 $ 49.12 $ 51.90 $ 54.68 700 700 0 $ 78.45 $ 81.15 $ 83.85 1000 1000 0 $ 107.79 $ 110.40 $ 113.01 1300 1300 0 $ 137.12 $ 139.65 $ 142.17 1600 1600 0 $ 166.46 $ 168.90 $ 171.33 1900 1900 0 $ 195.80 $ 198.15 $ 200.49 2200 2000 200 $ 224.01 $ 226.10 $ 228.18 2500 2000 500 $ 251.67 $ 253.40 $ 255.13 2800 2000 800 $ 279.33 $ 280.70 $ 282.08 3100 2000 1100 $ 306.98 $ 308.00 $ 309.03 Monthly % Change by Energy Usage All Energy 2018 2019 400 5.7% 5.4% 700 3.4% 3.3% 1000 2.4% 2.4% 1300 1.8% 1.8% 1600 1.5% 1.4% 1900 1.2% 1.2% 2200 0.9% 0.9% 2500 0.7% 0.7% 2800 0.5% 0.5% 3100 0.3% 0.3% Monthly $ Change by Energy Usage All Energy 2018 2019 400 $ 2.78 $ 2.78 700 $ 2.70 $ 2.70 1000 $ 2.61 $ 2.61 1300 $ 2.52 $ 2.52 1600 $ 2.44 $ 2.44 1900 $ 2.35 $ 2.35 2200 $ 2.08 $ 2.08 2500 $ 1.73 $ 1.73 2800 $ 1.38 $ 1.38 3100 $ 1.02 $ 1.02 Electric Rate Design 6 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Street Lighting 6 year option--> 0.9% 0.9% Rates Current 2018 2019 Monthly Facilities Charge: StrL 100 Unmetered $ 6.33 $ 6.39 $ 6.45 StrL 150 Unmetered $ 6.33 $ 6.39 $ 6.45 StrL 175 Unmetered $ 7.04 $ 7.11 $ 7.17 StrL 200 Unmetered $ 8.67 $ 8.75 $ 8.83 StrL 250 Unmetered $ 8.69 $ 8.77 $ 8.85 StrL 400 Unmetered $ 12.15 $ 12.25 $ 12.36 All Customers $ - $ - $ - Energy Charge: All Energy $ - $ - $ - Power Cost Adjustment: $ - AII Energy $ - $ - $ - Revenue from Rate $ 151,656 $ 153,020 $ 154,398 Change from Previous 0.9% 0.9% Electric Rate Design 7 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Security Lighting 6 year option--> 0.9% 0.9% Rates Current 2018 2019 Monthly Facilities Charge: SecL 150 $ 3.00 $ 3.03 $ 3.06 SecL 250 $ 3.50 $ 3.54 $ 3.57 SecL 400 $ 4.00 $ 4.04 $ 4.08 SecL 150 Unmetered $ 7.00 $ 7.07 $ 7.14 SecL 250 Unmetered $ 10.00 $ 10.10 $ 10.20 SecL 400 Unmetered $ 13.00 $ 13.13 $ 13.26 All Customers $ - $ - $ - Energy Charge: All Energy $ - $ - $ - Power Cost Adjustment: All Energy $ 0.00669 $ 0.00669 $ 0.00669 Revenue from Rate $ 12,655 $ 12,773 $ 12,892 Change from Previous 0.9% 0.9% Electric Rate Design 8 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Large General Service Average Load Factor--> 49.0% $ 26.90 $ 26.90 6 year option--> -0.9% -0.9% Rates Current 2018 2019 COS Monthly Facilities Charge: 75% of Max kW Monthly Charge $ - $ 26.90 $ 53.80 $ 134.67 Energy Charge: All Energy $ 0.07370 $ 0.07003 $ 0.06637 $ 0.05680 Demand Charge All Demand $ 6.00 $ 7.00 $ 8.00 $ 14.72 Power Cost Adjustment: All Energy $ 0.00669 $ 0.00669 $ 0.00669 Revenue from Rate $ 7,182,612 $ 7,117,968 $ 7,053,906 Change from Previous -0.9% -0.9% Change by Load Factor (%) 1.0% 0.5% 0.0% 3 % 35% 45% 50% 55% 60% 65% 70% 75% -0.5% -1.0% -1.5% -2.0% -2.5% 2018 - 2019 Change by Load Factor ($) $100,000 $50,000 5- 3 % 35% 40 o 45% 50% 55% 60% 65% 70% 75% $(50,000) $(100,000) $(150,000) $(200,000) $(250,000) 2018 - 2019 Electric Rate Design 9 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Electric Rate Design Larger Industrial Service Average Load Factor--> 71.1% $ 75.20 $ 75.20 6 year option--> -0.2% -0.2% Rates Current 2018 2019 COS Monthly Facilities Charge: Monthly Charge $ - $ 75.20 $ 150.40 $ 375.96 Energy Charge: All Energy $ 0.06100 $ 0.05890 $ 0.05680 $ 0.05680 Demand Charge All Demand $ 7.00 $ 8.00 $ 9.00 $ 15.86 Power Cost Adjustment: All Energy $ 0.00669 $ 0.00669 $ 0.00669 Revenue from Rate $ 11,242,760 $ 11,220,624 $ 11,198,487 Change from Previous -0.2% -0.2% Change by Load Factor (%) 1.0 % 0.8% 0.6% 0.4% 0.2% 0.0% 02%5 % 55% 60% 65% 75% 80% 85% 90% 95% -0.4% -0.6% -0.8% -1.0% -2018 - 2019 Change by Load Factor (Monthly $) $4,000.00 IL $3,000.00 $2,000.00 $1,000.00 $(1,000.00)5 % 55% 60% 65% _ _ilw� 75% 80% 85% 90% 95% $(2,000.00) $(3,000.00) $(4,000.00) $(5,000.00) $(6,000.00) 2018 - 2019 Electric Rate Design 10 of 10 onery emnxini wwnaa. uc Hutchinson Utilities Commission Gas Rate Design for 2018 & 2019 Utility Financial Solutions, LLC 185 Sun Meadow Court Holland, MI USA 49424 (616) 402-7045 Email: dkasbohm@ufsweb.com Submitted Respectfully by: Daniel Kasbohm Rates Manger, Utility Financial Solutions AIjffq9-"IO* U[ility F lvnaiiAl SoluliamA. LLC r_ O .N .E E O U N a� = co o N L O '- Na a ♦� am v E AS E m O O O O O 00 M '�t O O O M O O O N 00 LO O N O co CO O 00 M M � 613 M M CD CD O LO CO � CO 00 N LO co N N I�t M f� O O 00 O N fl- M O N Q0 fl- M Lr O M Lr O CO N f— O I- 00 I�t N LO co N N N CO . . Q� 0 J J J to r_ O .N .E E O U N o N r L O '- N a ♦C v E E 0'O O !0:1) CD� O O LO r r— 00 h a r- 4 T N CO Z 00 ell 1 to CO CO O O 1 0 00 co 00 fl- co 0 N 00 � CO � 0 M 00 f— M U 00 It 00 O I- O 0 CO f— co N U') 0 co N NI 0 EA I to M M O� OM O U') O � ti M CO M U O I� N r— O 00 CO (0 It N U') N co N NI 0 N M +�+ O O � U J J J H N Hutchinson Utilities Commission Rate Design for 2018 Residential Current Rate Monthly Customer Gas Commodity Purchased Gas Charge Charge $/MCF Adjustment Summer $ 6.50 $ 9.0800 $ (1.1993) Winter $ 6.50 $ 9.0800 $ (1.1993) Customer Gas Commodity Purchased Gas Proposed Rate I Charge Charge $/MCF Adjustment Monthly Summer $ 8.90 $ 8.6620 $ (1.1993) Winter $ 8.90 $ 8.6620 $ (1.1993) Cost of Service Charges $ 13.81 $ 6.2400 Estimated Change in Revenues Current Revenues $ 3,703,084 Proposed Revenues 3,673,034 MCF I Average Monthly Bill Dollar Percent Usage Current Bill ($) Proposed Bill ($) Change ($) 1 Change (%) 4 $ 38.02 $ 38.75 $ 0.73 1.9% 5 45.90 46.21 0.31 0.7% 6 53.78 53.68 (0.11) -0.2% 7 61.66 61.14 (0.53) -0.9% 8 69.55 68.60 (0.94) -1.4% 9 77.43 76.06 (1.36) -1.8% 10 85.31 83.53 (1.78) -2.1% 11 93.19 90.99 (2.20) -2.4% 3A I A 09010' UEibky Finmwial 5uluRilans,. LLC Hutchinson Utilities Commission Rate Design for 2018 Commercial Current Rate Monthly Customer Gas Commodity Purchased Gas Charge Charge $/MCF Adjustment Summer $ 31.50 $ 9.0800 $ (1.1993) Winter $ 31.50 $ 9.0800 $ (1.1993) I Customer Gas Commodity Purchased Gas Proposed Rate Charge Charge $/MCF Adjustment Monthly Summer $ 39.80 $ 8.8033 (1.1993) Winter $ 39.80 $ 8.8033 (1.1993) Cost of Service Charges $ 72.87 $ 6.4000 Estimated Change in Revenues Current Revenues $ 2,865,103 Proposed Revenues 2,826,711 Percentage Change -1.34% Commercial Gas Code 65 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF I Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change $ 10 $ 110.31 $ 115.84 $ 5.53 20 189.11 191.88 2.77 30 267.92 267.92 0.00 40 346.73 343.96 (2.77) 50 425.53 420.00 (5.53) 60 504.34 496.04 (8.30) 70 583.15 572.08 (11.07) 80 661.95 648.12 (13.83) 90 740.76 724.16 (16.60) AIA 09010' Utility Fimix"I 5uluRians, LLC Hutchinson Utilities Commission Rate Design for 2018 Large Industrial 1 Current Rate Monthly Customer Gas Commodity Max Daily Purchased Gas Charge Charge $/MCF Mcf Adjustment Summer $ - $ Winter $ - $ 8.5400 $ 10.00 $ (1.1993) 8.5400 $ 10.00 $ (1.1993) I Customer Gas Commodity Max Daily Purchased Gas Proposed Rate Charge Charge $/MCF Mcf Adjustment Monthly Summer $ 75.00 $ 8.2840 $ 9.50 $ (1.1993) Winter $ 75.00 $ 8.2840 $ 9.50 $ (1.1993) Cost of Service Charges $ 372.33 $ 4.5200 $ 5.71 Estimated Change in Revenues Current Revenues $ 426,227 Proposed Revenues 411,599 Percentage Change -3.43% Large Industrial Gas Code 89/91 5.0% ...,....... 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF I Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change $ 2300 $ 20,541.91 $ 19,845.19 $ (696.72) 2800 24,212.25 23,387.54 (824.72) 3300 27,882.60 26,929.88 (952.72) 3800 31,552.94 30,472.22 (1,080.72) 4300 35,223.28 34,014.56 (1,208.72) 4800 38,893.62 37,556.90 (1,336.72) 5300 42,563.96 41,099.25 (1,464.72) 5800 46,234.31 44,641.59 (1,592.72) 6300 49,904.65 48,183.93 (1,720.72) 4AF19,10, �-'niity Finmuial Sulutirvme.. LLC Hutchinson Utilities Commission Rate Design for 2018 Large Industrial 2 Current Rate Monthly Summer Winter Customer Gas Commodity Max Daily HUC Purchased Gas Charge Charge $/MCF Mcf Transport Adjustment $ - $ 3.0303 $ 10.33 $ 0.87 $ - $ - $ 3.3764 $ 10.33 $ 0.87 $ - Customer Gas Commodity Max Daily HUC Purchased Gas Proposed Rate I Charge Charge $/MCF Mcf Transport Adjustment Monthly Summer $ $ 3.0303 $ 10.33 $ 0.87 $ - Winter $ - $ 3.3764 $ 10.33 $ 0.87 $ - Cost of Service Charges $ 539.69 $ 2.6000 $ 25.89 Estimated Change in Revenues Current Revenues $ 273,670 Proposed Revenues 273,670 Percentage Change 0.00% Large Industrial 2 Gas 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change($)l 3100 $ 14,836.53 $ 14,836.53 $ - 3600 16,844.36 16,844.36 - 4100 18,852.20 18,852.20 - 4600 20,860.04 20,860.04 - 5100 22,867.87 22,867.87 - 5600 24,875.71 24,875.71 - 6100 26,883.55 26,883.55 - 6600 28,891.38 28,891.38 - 7100 30,899.22 30,899.22 - 6AA649"*" Utility Finmrial 5ulutilans. LLC Hutchinson Utilities Commission Rate Design for 2018 Large Industrial 3 Current Rate Monthly Summer Winter Customer Gas Commodity Max Daily HUC Purchased Gas Charge Charge $/MCF Mcf Transport Adjustment $ - $ 3.2435 $ 9.00 $ 0.36 $ - - $ 3.0985 $ 9.00 $ 0.36 $ - I Customer Gas Commodity Max Daily HUC Purchased Gas I Proposed Rate Charge Charge $/MCF Mcf Transport Adjustment Monthly Summer $ $ 3.2435 $ 9.00 $ 0.36 $ - Winter $ - $ 3.0985 $ 9.00 $ 0.36 $ - Cost of Service Charges $ 1,896.04 $ 3.3500 $ 15.06 Estimated Change in Revenues Current Revenues $ 2,595,730 Proposed Revenues 2,595,730 Percentage Change 0.00% Large Industrial 3 Gas 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change($)l 35200 $ 146,841.27 $ 146,841.27 $ - 40200 164,616.98 164,616.98 - 45200 182,392.70 182,392.70 - 50200 200,168.41 200,168.41 - 55200 217,944.13 217,944.13 - 60200 235,719.84 235,719.84 - 65200 253,495.55 253,495.55 - 70200 271,271.27 271,271.27 - 75200 289,046.98 289,046.98 - 711POSO"O" t;Iity EituPXial 6 equCiwta.. LLC Hutchinson Utilities Commission Gas Rate Design for 2019 Utility Financial Solutions, LLC Hutchinson Utilities Commission Rate Design for 2019 Residential Current Rate Monthly Customer Gas Commodity Purchased Gas Charge Charge $/MCF Adjustment Summer $ 8.90 $ 8.6620 $ (1.1993) Winter $ 8.90 $ 8.6620 $ (1.1993) Customer Gas Commodity Purchased Gas Proposed Rate I Charge Charge $/MCF Adjustment Monthly Summer $ 11.30 $ 8.2447 $ (1.1993) Winter $ 11.30 $ 8.2447 $ (1.1993) Cost of Service Charges $ 13.81 $ 6.2400 Estimated Change in Revenues Current Revenues $ 3,673,034 Proposed Revenues 3,643,283 MCF I Average Monthly Bill Dollar Percent Usage Current Bill ($) Proposed Bill ($) Change ($) 1 Change (%) 4 $ 38.75 $ 39.48 $ 0.73 1.9% 5 46.21 46.53 0.31 0.7% 6 53.68 53.57 (0.10) -0.2% 7 61.14 60.62 (0.52) -0.9% 8 68.60 67.66 (0.94) -1.4% 9 76.06 74.71 (1.36) -1.8% 10 83.53 81.75 (1.77) -2.1 % 11 90.99 88.80 (2.19) -2.4% 9A I A 09010' UEibky Finmwial 5uluRilans,. LLC Hutchinson Utilities Commission Rate Design for 2019 Commercial Current Rate Monthly Customer Gas Commodity Purchased Gas Charge Charge $/MCF Adjustment Summer $ 39.80 $ 8.8033 $ (1.1993) Winter $ 39.80 $ 8.8033 $ (1.1993) I Customer Gas Commodity Purchased Gas Proposed Rate Charge Charge $/MCF Adjustment Monthly Summer 48.10 $ 8.5282 (1.1993) Winter 48.10 $ 8.5282 (1.1993) Cost of Service Charges $ 72.87 $ 6.4000 Estimated Change in Revenues Current Revenues $ 2,826,711 Proposed Revenues 2,788,833 Percentage Change -1.34% Commercial Gas Code 65 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% 10 90 ao 4O -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF I Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change $ 10 $ 115.84 $ 121.39 $ 5.55 20 191.88 194.68 2.80 30 267.92 267.97 0.05 40 343.96 341.26 (2.71) 50 420.00 414.54 (5.46) 60 496.04 487.83 (8.21) 70 572.08 561.12 (10.96) 80 648.12 634.41 (13.71) 90 724.16 707.70 (16.46) AIA 09010' 10 Utility Frwirunl 5uluRians. L1.0 Hutchinson Utilities Commission Rate Design for 2019 Large Industrial 1 Current Rate Monthly Customer Gas Commodity Max Daily Purchased Gas Charge Charge $/MCF Mcf Adjustment Summer $ 75.00 $ 8.2840 $ 9.50 $ (1.1993) Winter $ 75.00 $ 8.2840 $ 9.50 $ (1.1993) I Customer Gas Commodity Max Daily Purchased Gas Proposed Rate Charge Charge $/MCF Mcf Adjustment Monthly Summer $ 145.00 $ 8.0390 $ 9.00 $ (1.1993) Winter $ 145.00 $ 8.0390 $ 9.00 $ (1.1993) Cost of Service Charges $ 372.33 $ 4.5200 $ 5.71 Estimated Change in Revenues Current Revenues $ 411,599 Proposed Revenues 397,481 Percentage Change -3.43% Large Industrial Gas Code 89/91 5.0% ...,....... 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF I Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change $ 2300 $ 19,845.19 $ 19,168.67 $ (676.52) 2800 23,387.54 22,588.49 (799.05) 3300 26,929.88 26,008.31 (921.57) 3800 30,472.22 29,428.13 (1,044.09) 4300 34,014.56 32,847.95 (1,166.62) 4800 37,556.90 36,267.76 (1,289.14) 5300 41,099.25 39,687.58 (1,411.66) 5800 44,641.59 43,107.40 (1,534.19) 6300 48,183.93 46,527.22 (1,656.71) 4AF19,10, 11 �-'niity Finmuial Sulutirvme.. LLC Hutchinson Utilities Commission Rate Design for 2019 Large Industrial 2 Current Rate Monthly Summer Winter Customer Gas Commodity Max Daily HUC Purchased Gas Charge Charge $/MCF Mcf Transport Adjustment $ - $ 3.0303 $ 10.33 $ 0.87 $ - $ - $ 3.3764 $ 10.33 $ 0.87 $ - Customer Gas Commodity Max Daily HUC Purchased Gas Proposed Rate I Charge Charge $/MCF Mcf Transport Adjustment Monthly Summer $ $ 3.0303 $ 10.33 $ 0.87 $ - Winter $ - $ 3.3764 $ 10.33 $ 0.87 $ - Cost of Service Charges $ 539.69 $ 2.6000 $ 25.89 Estimated Change in Revenues Current Revenues $ 273,670 Proposed Revenues 273,670 Percentage Change 0.00% Large Industrial 2 Gas 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change($)l 3100 $ 14,836.53 $ 14,836.53 $ - 3600 16,844.36 16,844.36 - 4100 18,852.20 18,852.20 - 4600 20,860.04 20,860.04 - 5100 22,867.87 22,867.87 - 5600 24,875.71 24,875.71 - 6100 26,883.55 26,883.55 - 6600 28,891.38 28,891.38 - 7100 30,899.22 30,899.22 - 12AA649"*" Utility F;mmmial 5uluRilans. Ltc Hutchinson Utilities Commission Rate Design for 2019 Large Industrial 3 Current Rate Monthly Summer Winter Customer Gas Commodity Max Daily HUC Purchased Gas Charge Charge $/MCF Mcf Transport Adjustment $ - $ 3.2435 $ 9.00 $ 0.36 $ - - $ 3.0985 $ 9.00 $ 0.36 $ - I Customer Gas Commodity Max Daily HUC Purchased Gas I Proposed Rate Charge Charge $/MCF Mcf Transport Adjustment Monthly Summer $ $ 3.2435 $ 9.00 $ 0.36 $ - Winter $ - $ 3.0985 $ 9.00 $ 0.36 $ - Cost of Service Charges $ 1,896.04 $ 3.3500 $ 15.06 Estimated Change in Revenues Current Revenues $ 2,595,730 Proposed Revenues 2,595,730 Percentage Change 0.00% Large Industrial 3 Gas 5.0% 4.0% 3.0% 2.0% 1.0% 0.0% -1.0% -2.0% -3.0% -4.0% -5.0% MCF (Usage) MCF Average Monthly Bill Usage Current Bill $ Proposed Bill $ Change($)l 35200 $ 146,841.27 $ 146,841.27 $ - 40200 164,616.98 164,616.98 - 45200 182,392.70 182,392.70 - 50200 200,168.41 200,168.41 - 55200 217,944.13 217,944.13 - 60200 235,719.84 235,719.84 - 65200 253,495.55 253,495.55 - 70200 271,271.27 271,271.27 - 75200 289,046.98 289,046.98 - 1311POSO"O" e:liav Fixu Pxxai 6�eluCir>ne.. 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Ln Ln Ln = a) •� N 01 Ln N � ro 0 N }., cz j V s V E " 0�� C� 0 t-' E F 4 j u N �._ Ln L > Lon Z N V S V S Ln-0 E w 9M, N + •� s Ln 00 .3: O O oo a-J V) N O O V '— N O N 00 01 •C: 4-J c� C: w V _O C; Ln Ln Ln V N Ln N U S D N 4-jro N V � O N 01 c� E O 'c z i =3 0 +, •E X =n 4-J � •� '— V) Ln HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Discussion on a Policy for Invocation Department: Administration LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Communications, Requests Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Following recent discussion on the invocation at city council meetings, the Council directed me to put together a policy to assist you in administering the invocation from here on out. Attached for discussion purposes, is the first draft of such a policy. This policy would replace the use of the Hutchinson Ecumenical Ministerial Association to deliver the invocation. If comfortable with the policy, I would place it on the next agenda for approval. One question for the council is whether or not you would like to have this done in a resolution format? Some policies we adopt have been done that way, others have not. BOARD ACTION REQUESTED: No action required. Discussion only Fiscal Impact: $ 0.00 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: CITY OF HUTCHINSON CITY COUNCIL INVOCATION POLICY POLICY NO. 1.28 BACKGROUND The City of Hutchinson has had an invocation as a part of its City Council meeting since at least May of 1966. More specifically, Hutchinson City Code 30.18 notes that an invocation is to be included in the City's official "Order of Business" at regular city council meetings. The City Council is the intended audience of the invocation and has been limited to the beginning of meetings. The invocation portion of the agenda is meant to serve as a "legislative prayer" and has been offered by someone who is not on the City Council. Prior to the adoption of this policy, the invocation was given on an informal basis. I. PURPOSE This policy is intended to provide criteria, guidelines, and procedures for an invocation to be offered at City Council meetings in order to solemnize the proceedings of the City Council, and to ensure the City's practice of allowing an invocation is in compliance with Supreme Court rulings. II. SCOPE This policy affects elected officials and the regular council meeting schedule of the Hutchinson City Council. III. RESPONSIBILITIES The City Administrator or their designee is responsible for the implementation and update of this policy. The City Council is responsible for the enforcement of this policy IV. TIMING After the "Call to Order" and approval of the city council agenda of all regular meetings of the City Council, an opening invocation as described herein shall occur followed directly by the recitation of the Pledge of Allegiance. The opening invocation and recitation of the Pledge of Allegiance will occur and be completed during the opening, ceremonial portion of the city council meeting and shall in no event occur, or be construed to occur, during the policymaking or legislative portions of the city council meeting. V. POLICY The City Council, in relation to the invocation, invites and welcomes the religious leaders and other representatives of any and all local religions, denominations, faiths, creeds, and beliefs, including but not limiting to ministers, priests, chaplains, rabbis, deacons, clerics, imams, elders, and the like (hereinafter "Invocation Speakers") to participate in providing invocations for the City Council. The following shall apply as the City's policy when it comes to the invocation. A. No member of the City Council, employee of the City, any city consultant, or any other person in attendance at the meeting shall be required to participate in any invocation that is offered, and their presence, or lack thereof, when the invocation is delivered will have no impact on their observation or participation in any aspect of the meeting, nor shall be grounds for any censure or removal from the council or employee discipline. B. The invocation shall be voluntarily delivered by an eligible member of the clergy or religious/spiritual leader or organization within the city limits of Hutchinson. To ensure that such person is selected from among a wide pool of religious/spiritual leaders and other representatives in the community, on a rotating basis, the Invocation Speaker will be selected according to the procedure noted in Section VI below. C. No invocation speaker shall receive compensation for his or her service. D. No invocation speaker shall proselytize or otherwise openly seek to promote certain aspects of doctrine or faith; only advocate or campaign for conversion of individuals or groups or threaten damnation; or openly advance any faith, belief, doctrine or dogma. No invocation shall disparage the religious faith or non -religious views of others. E. Invocation should not exceed 3 minutes in length. F. This policy is not intended, and shall not be implemented or construed in any way, to affiliate the City Council with, nor express the City Council's preference for, any faith, belief, non -belief, opinion, religion, non -religion, or religious denomination or lack thereof. Rather, this policy is intended to acknowledge and express the City Council's respect for the diversity of religious denominations and non -religious denominations, and faiths and beliefs represented and practiced among the citizens of Hutchinson. G. Neither the City Council nor staff shall engage in any inquiry, examination, restriction, review of, or involvement in the content of any invocation being offered. Because of this, the Mayor or a City Council Member may not give the invocation. Statements reflecting ideals relating to peace and security for the city and nation; safety of our armed forces, police, firefighters and emergency service personnel; wisdom for the lawmakers; and justice for the people are encouraged. The City Council asks that prayer givers be sensitive to the diversity of faiths and beliefs represented throughout the community. H. If the selected invocation speaker does not appear at the scheduled meeting, the Mayor may skip the invocation or call for a moment of silence. I. The written agenda document created for the city council meeting will have the following disclaimer: 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. Anyone violating this policy is subject to disqualification from offering future invocations and will be removed from the database of religious/spiritual leaders or organizations eligible to give the invocation. VL SELECTION AND SCHEDULING OF SPEAKERS The invocation shall be voluntarily delivered by an eligible religious leader or other person within the city limits of the City of Hutchinson. To ensure that such person (invocation speaker) is selected from among a wide pool of the city religious leaders and organization or groups, on a 2 rotating basis, the invocation speaker will be selected in accordance with these rules. A. The City Administrator or their designee shall compile and maintain a database of the religious congregations and other groups and organizations ("Congregations List") with an established presence within the city limits of Hutchinson. B. The Congregations List shall be compiled examining a broad and diverse pool of religious leaders and other representatives of any and all local religions, denominations, faiths, creeds, and beliefs, including but not limiting to ministers, priests, chaplains, rabbis, deacons, clerics, imams, elders, and the like. The database may be compiled by referencing the list for "churches", "congregations", or other religious assemblies (religious, atheist or agnostic groups) in the annual Yellow Pages phone book(s) published for the City of Hutchinson, "worship service listing" from the local newspaper, research from the internet, consultation with local chambers of commerce or comparable organizations, and any other effective method in the discretion of the City Administrator or their designee. Any such church, congregation, entity, religious assembly, organization or group within the jurisdictional limits of the City not identified within the database for participation may request inclusion within the database by written communication to the City Administrator that references the opening invocation. C. If a resident of the City is a member of a church, congregation, a religious assembly, other religious or non -religious group or organization which is located outside of the City, such may be included in the database upon the residents' written request to the City. D. Should a question arise as to the authenticity of a church, congregation, a religious assembly, other religious or non -religious group or organization, the City Administrator shall refer to criteria used by the Internal Revenue Service in its determination of those organizations that would legitimately qualify for Section 501(c)3 tax-exempt status. E. In recognition of the invocation being for the purpose of the City Council, a city council member may invite a religious or non -religious leader, minister, priest, chaplain, rabbis, deacon, cleric, imam, elder, or the like to provide the invocation. The city council member can ask that their invited speaker be included in the City's database or that individual may be used to fill an open spot according to Section VI (J) below. F. The database is compiled and used for the purposes of logistics, efficiency, and equal opportunity for all religious and non -religious leaders within the city limits of Hutchinson who choose whether to respond to the City Council's invitation. G. The Congregations List shall be updated, by reasonable efforts of the City Administrator or their designee, in September or October of each calendar year. However, as provided in Section VI (B & C & E), names may be added to the list at any time by written request to the City Administrator. H. Within ninety (90) days of the effective date of this policy, and on or about November 1 of each calendar year thereafter, the City Administrator or their designee shall mail an invitation addressed to the leader or representative (Invocation Speaker) of each individual on the Congregation List. The invitation shall be dated at the top of the page, 3 signed by the City Administrator, and read as follows: Dear Leader or Representative, The Hutchinson City Council invites and welcomes religious leaders or representatives of any and all local religions, denominations, faiths, creeds, and beliefs, including but not limiting to ministers, priests, chaplains, rabbis, deacons, clerics, imams, and elders within the City to voluntarily offer an invocation before the beginning of its regular city council meetings. As the leader of one of the religious assemblies in the community or as the religious leader of one or more Hutchinson residents, you are eligible to offer this important service at an upcoming meeting of the City Council. If you are willing to assist the City Council in this regard, please send a written reply at your earliest convenience to the City Administrator's office at III Hassan Street SE, Hutchinson, AM 55350 or by email. Invocation speakers are scheduled on a first -come, first -served or other random selection basis. The dates of the City Council's scheduled meetings for the upcoming year are listed on the following, attached page. If you have a preference among the dates, please state that request in your reply. At this time, we are limiting the amount of dates to two per speaker. This opportunity is voluntary, and you are free to offer the invocation according to the principles of your own conscience. To maintain a spirit of respect and ecumenism, the City Council requests only that the invocation opportunity not be used as an effort to convert others to the particular faith of the invocation speaker, nor used to disparage any faith or belief or nonreligious view different than that of the invocation speaker. A copy of the City Council's policy regarding invocations is attached for your information. On behalf of the City Council of Hutchinson, I thank you in advance for considering this invitation. Sincerely, City Administrator I. The respondents to the invitation will be scheduled on a first -come, first -served or other random selected basis to deliver the invocations. In any event, no speaker selected to give the invocation shall be scheduled to offer an invocation at more than two (2) city council meetings in any calendar year. J. In December of each year, the City Administrator or their designee will present the calendar of scheduled Invocation Speakers for regular city council meetings for the upcoming year to be approved by the City Council. Any spots left vacant may be filled by the city council according to Section VI (E) above; left vacant to be filled at a later time; or simply left open and unfilled (meaning no invocation will be given). VIL EFFECTIVE DATE This policy shall become effective immediately following the adoption of it by the City Council. Approval Date: , 2018 4 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: 2nd Reading and Adoption of Revisions to Right -of -Way Ordinance Chapter 90 Department: PW LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At the April 17 Planning Commission Meeting there was a Public Hearing to receive comments on proposed changes to Chapter 90 Right -of -Way Ordinance. Comments were received from 2 parties and considered by staff when drafting the current language being considered. The Right -of -Way Ordinance was revised and received favorable recommendation of approval at the May 15th, 2018, Planning Commission Meeting. There were 4 additional comments received at the Planning Commission meeting and 2 changes were made to address 2 of the comments. Staff will provide an update on the other comments received at the meeting that staff felt did not warrant further revision. City staff has been administering an effort to revise the City's Right -of -Way Ordinance, Chapter 90, relating to the use of small cell technologies. These changes are in response to Minnesota Legislation that was adopted during the 2017 session requiring cities to accommodate small cell use of the right-of-way. The current Chapter 90 would be repealed and replaced with the proposed Right -of -Way Ordinance. The existing language from Chapter 90 was incorporated into the League of Minnesota Cities Model Right -of -Way Ordinance. The LMC Model included proposed small cell language that complies with the 2017 small cell legislation. The 1 st reading of the Right -of -Way Ordinance occurred at the 5/22/18 City Council meeting. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: 2nd reading and adoption of Right -of -Way Ordinance revisions. 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: ORDINANCE NO. 18-0783 AN ORDINANCE TO ENACT A NEW CHAPTER OF THE CODE OF ORDINANCES TO ADMINISTER AND REGULATE THE PUBLIC RIGHTS -OF -WAY IN THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND REGULATION OF RIGHT-OF-WAY PERMITS. THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Chapter 90 of the Code of Ordinances is hereby repealed in its entirety, and is replaced by the following new Chapter 90 to read as follows: CHAPTER 90 RIGHT-OF-WAY MANAGEMENT § 90.01. Findings, Purpose, and Intent. To provide for the health, safety and welfare of its citizens, and to ensure the integrity of its streets and the appropriate use of the rights -of -way, the City strives to keep its rights -of -way in a state of good repair and free from unnecessary encumbrances. Accordingly, the City hereby enacts this new chapter of this code relating to right-of-way permits and administration. This chapter imposes reasonable regulation on the placement and maintenance of facilities and equipment currently within its rights -of -way or to be placed therein at some future time. It is intended to complement the regulatory roles of state and federal agencies. Under this chapter, persons excavating and obstructing the rights -of -way will bear financial responsibility for their work. Finally, this chapter provides for recovery of out-of-pocket and projected costs from persons using the public rights -of -way. This chapter shall be interpreted consistently with 1997 Session Laws, Chapter 123, substantially codified in Minnesota Statutes Sections 237.16, 237.162, 237.163, 237.79, 237.81, and 238.086 (the "Act") and 2017 Session Laws, Chapter 94 amending the Act and the other laws governing applicable rights of the City and users of the right-of-way. This chapter shall also be interpreted consistent with Minnesota Rules 7819.0050 7819.9950 and Minnesota Rules Chapter 7560 where possible. To the extent any provision of this chapter cannot be interpreted consistently with the Minnesota Rules, that interpretation most consistent with the Act and other applicable statutory and case law is intended. This chapter shall not be interpreted to limit the regulatory and police powers of the City to adopt and enforce general ordinances necessary to protect the health, safety and welfare of the public. § 90.02. Election to Manage the Public Rights -of -Way Pursuant to the authority granted to the City under state and federal statutory, administrative and common law, the City hereby elects, pursuant Minn. Stat. 237.163 subd. 2(b), to manage rights -of -way within its jurisdiction. § 90.03. Definitions. The following definitions apply in this chapter of this code. References hereafter to "sections" are, unless otherwise specified, references to sections in this chapter. Defined terms remain defined terms, whether or not capitalized. Abandoned Facility. A facility no longer in service or physically disconnected from a portion of the operating facility, or from any other facility, that is in use or still carries service. A facility is not abandoned unless declared so by the right-of-way user. Applicant. Any person requesting permission to excavate, obstruct, or operate a small wireless facility in a right-of-way. City. The City of Hutchinson, Minnesota. For purposes of Section 90.28, City also means the City's elected officials, officers, employees and agents. City Engineer. The City Engineer of the public works department of the City, or his or her designee. Collocate or Collocation. To install, mount, maintain, modify, operate, or replace a small wireless facility on, under, within, or adjacent to an existing wireless support structure or utility pole that is owned privately, or by the City or other governmental unit to minimize obstructions and impacts in the Right -of -Way. Commission. The State Public Utilities Commission. Congested Right -of -Way. A crowded condition in the subsurface of the public right-of-way that occurs when the maximum lateral spacing between existing underground facilities does not allow for construction of new underground facilities without using hand digging to expose the existing lateral facilities in conformance with Minnesota Statutes, section 216D.04 subdivision 3, over a continuous length in excess of five hundred (500) feet. Department. The department of public works of the City. Emergency. A condition that: (A) poses a danger to life or health, or of a significant loss of property; or (B) requires immediate repair or replacement of facilities in order to restore service to a customer. Equipment. Any tangible asset used to install, repair, or maintain facilities in any right-of-way. Excavate. To dig into or in any way remove or physically disturb or penetrate any part of a right-of-way. Excavation permit. The permit which, pursuant to this chapter, must be obtained before a person may excavate in a right-of-way. An Excavation permit allows the holder to excavate that part of the right-of-way described in such permit. Excavation permit fee. Money paid to the City by an applicant to cover the costs as provided in Section 90.13. Facility or Facilities. Any tangible asset in the right-of-way required to provide Utility Service. Hole. An excavation in the pavement, with the excavation having a length less than the width of the pavement. Local Representative. A local person or persons, or designee of such person or persons, authorized by a registrant to accept service and to make decisions for that registrant regarding all matters within the scope of this chapter. Management Costs. The actual costs the City incurs in managing its rights -of -way, including such costs, if incurred, as those associated with registering applicants; issuing, processing, and verifying right-of-way or small wireless facility permit applications; inspecting job sites and restoration projects; maintaining, supporting, protecting, or moving user facilities during right- of-way work; determining the adequacy of right-of-way restoration; restoring work inadequately performed after providing notice and the opportunity to correct the work; and revoking right-of- way or small wireless facility permits. Management costs do not include payment by a telecommunications right-of-way user for the use of the right-of-way, unreasonable fees of a third -party contractor used by the City including fees tied to or based on customer counts, access lines, or revenues generated by the telecommunications right-of-way user, or for the City, the fees and cost of litigation relating to the interpretation of Minnesota Session Laws 1997, Chapter 123; Minnesota Statutes Sections 237.162 or 237.163; or any ordinance enacted under those sections, or the City fees and costs related to appeals taken pursuant to Section 90.31 of this chapter. Micro Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. Obstruct. To place any tangible object in a right-of-way so as to hinder free and open passage over that or any part of the right-of-way. Obstruction Permit. The permit which, pursuant to this chapter, must be obtained before a person may obstruct a right-of-way, allowing the holder to hinder free and open passage over the specified portion of that right-of-way, for the duration specified therein. Obstruction Permit Fee. Money paid to the City by a permittee to cover the costs as provided in Section 90.13 Patch or Patching. A method of pavement replacement that is temporary in nature. A patch consists of: (A) the compaction of the subbase and aggregate base, and (B) the replacement, in kind, of the existing pavement for a minimum of two feet beyond the edges of the excavation in all directions. Pavement. Any type of improved surface that is within the public right-of-way and that is paved or otherwise constructed with bituminous, concrete, aggregate, or gravel. Permit. Has the meaning given "right-of-way permit" in Minnesota Statutes, section 237.162. Permittee. Any person to whom a permit to excavate or obstruct a right-of-way has been granted by the City under this chapter. Person. An individual or entity subject to the laws and rules of this state, however organized, whether public or private, whether domestic or foreign, whether for profit or nonprofit, and whether natural, corporate, or political. Registrant. Any person who: (A) has or seeks to have its equipment or facilities located in any right-of-way, or (B) in any way occupies or uses, or seeks to occupy or use, the right-of-way or place its facilities or equipment in the right-of-way. Restore or Restoration. The process by which an excavated right-of-way and surrounding area, including pavement and foundation, is returned to the same condition and life expectancy that existed before excavation. Restoration Cost. The amount of money paid to the City by a permittee to achieve the level of restoration according to plates 1 to 13 of Minnesota Public Utilities Commission rules. Public Right -of -Way or Right -of -Way. The area on, below, or above a public roadway, highway, street, cartway, bicycle lane, multi -use trail or public sidewalk in which the City has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the City. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. Right -of -Way Permit. Either the excavation permit or the obstruction permit, or both, depending on the context, required by this chapter. Right -of -Way User. (A) A telecommunications right-of-way user as defined by Minnesota Statutes, section 237.162, subd. 4; or (B) a person owning or controlling a facility in the right-of-way that is used or intended to be used for providing utility service, and who has a right under law, franchise, ordinance, or as authorized by the City to use the public right-of-way. Service or Utility Service. Includes: (A) those services provided by a public utility as defined in Minn. Stat. 216B.02, subds. 4 and 6; (B) services of a telecommunications right-of-way user, including transporting of voice or data information; (C) services of a cable communications systems as defined in Minn. Stat. Chapter. 238; (D) natural gas or electric energy or telecommunications services provided by the City; (E) services provided by a cooperative electric association organized under Minn. Stat., Chapter 308A; and (F) water, and sewer, including service laterals, steam, cooling or heating services. Service Lateral. An underground facility that is used to transmit, distribute or furnish gas, electricity, communications, or water from a common source to an end -use customer. A service lateral is also an underground facility that is used in the removal of wastewater from a customer's premises. Small Wireless Facility. (A) A wireless facility that meets both of the following qualifications: (11,) each antenna is located inside an enclosure of no more than six (6) cubic feet in volume or could fit within such an enclosure; and all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than twenty eight (28) cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. (B) A micro wireless facility. Supplementary Application. An application made to excavate or obstruct more of the right- of-way than allowed in, or to extend, a permit that had already been issued. Temporary Surface. The compaction of subbase and aggregate base and replacement, in kind, of the existing pavement only to the edges of the excavation. It is temporary in nature except when the replacement is of pavement included in the City's two-year plan, in which case it is considered full restoration. Trench. An excavation in the pavement, with the excavation having a length equal to or greater than the width of the pavement. Telecommunications Right -of -Way User. A person owning or controlling a facility in the right-of-way, or seeking to own or control a facility in the right-of-way that is used or is intended to be used for providing wireless service, or transporting telecommunication or other voice or data information. For purposes of this chapter, a cable communication system defined and regulated under Minn. Stat. Chap. 238, and telecommunication activities related to providing natural gas or electric energy services, a public utility as defined in Minn. Stat. Sec. 21613.02, a municipality, a municipal gas or power agency organized under Minn. Stat. Chaps. 453 and 453A, or a cooperative electric association organized under Minn. Stat. Chap. 308A, are not telecommunications right-of-way users for purposes of this chapter except to the extent such entity is offering wireless service. Utility Pole. A structure that is: (A) owned or operated by: (1) a public utility; (2) a communications service provider; (3) a municipality; (4) an electric membership corporation; or (5) a rural electric cooperative; (B) and is designed and used to: (1) carry lines, cables, or wires for telephone, cable television, or electricity; or (2) provide lighting. Wireless Facility. Equipment at a fixed location that enables the provision of wireless services between user equipment and a wireless service network, including equipment associated with wireless service, a radio transceiver, antenna, coaxial or fiber-optic cable, regular and backup power supplies, and a small wireless facility, but not including wireless support structures, wireline backhaul facilities, or cables between utility poles or wireless support structures, or not otherwise immediately adjacent to and directly associated with a specific antenna. Wireless Service. Any service using licensed or unlicensed wireless spectrum, including the use of Wi-Fi, whether at a fixed location or by means of a mobile device, that is provided using wireless facilities. Wireless service does not include services regulated under Title VI of the Communications Act of 1934, as amended, including cable service. Wireless Support Structure. A new or existing structure in a right-of-way designed to support or capable of supporting small wireless facilities, as reasonably determined by the City. § 90.04 Administration. The City Engineer is the principal City official responsible for the administration of the rights-of- way, right-of-way permits, and the ordinances related thereto. The City Engineer may delegate any or all of the duties hereunder. § 90.05. Registration and Right -of -Way Occupancy. (A) Registration. Each person who occupies or uses, or seeks to occupy or use, the right-of- way or place any equipment or facilities in or on the right-of-way, including persons with installation and maintenance responsibilities by lease, sublease or assignment, must register with the City. Registration will consist of providing application information (B) Registration Prior to Work. No person may construct, install, repair, remove, relocate, or perform any other work on, or use any facilities or any part thereof, in any right-of-way without first being registered with the City. (C) Exceptions. Nothing herein shall be construed to repeal or amend the provisions of a City ordinance permitting persons to: (1) Plant or maintain boulevard plantings or gardens in the area of the right-of-way between their property and the street curb. Persons planting or maintaining boulevard plantings or gardens shall not be deemed to use or occupy the right-of-way, and shall not be required to obtain any permits or satisfy any other requirements for planting or maintaining such boulevard plantings or gardens under this chapter. However, nothing herein relieves a person from complying with the nuisance provisions of Hutchinson City Code or Minn. Stat. Chap. 2161), Gopher One Call Law. (2) Enter into a franchise agreement with the City. § 90.06. Registration Information. (A) Information Required. The information provided to the City at the time of registration shall include, but not be limited to: (1) Each registrant's name, Gopher One -Call registration certificate number, address and e-mail address, if applicable, and telephone and facsimile numbers. (2) The name, address and e-mail address, if applicable, and telephone and facsimile numbers of a local representative. The local representative or designee shall be available at all times. Current information regarding how to contact the local representative in an emergency shall be provided at the time of registration. (3) A certificate of insurance or self-insurance: (a) Verifying that an insurance policy has been issued to the registrant by an insurance company licensed to do business in the State of Minnesota, or a form of self-insurance acceptable to the City; (b) Verifying that the registrant is insured against claims for personal injury, including death, as well as claims for property damage arising out of the; (i) use and occupancy of the right-of-way by the registrant, its officers, agents, employees and permittees, and (ii) placement and use of facilities and equipment in the right-of-way by the registrant, its officers, agents, employees and permittees, including, but not limited to, protection against liability arising from completed operations, damage of underground facilities and collapse of property; (c) Naming the City as an additional insured as to whom the coverages required herein are in force and applicable and for whom defense will be provided as to all such coverages; (d) Requiring that the City be notified thirty (30) days in advance of cancellation of the policy or material modification of a coverage term; and (e) Indicating comprehensive liability coverage, automobile liability coverage, workers compensation and umbrella coverage established by the City in amounts sufficient to protect the City and the public and to carry out the purposes and policies of this chapter. (f) The City may require a copy of the actual insurance policies. (g) If the person is a corporation, a copy of the certificate is required to be filed under Minn. Stat. Sec. 300.06 as recorded and certified to by the Secretary of State. (h) A copy of the person's order granting a certificate of authority from the Minnesota Public Utilities Commission or other authorization or approval from the applicable state or federal agency to lawfully operate, where the person is lawfully required to have such authorization or approval from said commission or other state or federal agency. (B) Notice of Changes. The registrant shall keep all of the information listed above current at all times by providing to the City information as to changes within fifteen (15) days following the date on which the registrant has knowledge of any change. § 90.07. Permit Requirement. (A) Permit Required. Except as otherwise provided in this code, no person may obstruct or excavate any right-of-way, or install or place facilities in the right-of-way, without first having obtained the appropriate right-of-way permit from the City to do so. It is a misdemeanor to construct or reconstruct a sidewalk, curb and gutter, driveway, roadway surfacing, small wireless facilities, or place obstructions in any street or other public property in the City without a permit. (1) Right -of -Way Excavation Permit. An excavation permit is required by a registrant to excavate that part of the right-of-way described in such permit and to hinder free and open passage over the specified portion of the right-of-way by placing facilities described therein, to the extent and for the duration specified therein. (2) Right -of -Way Obstruction Permit. An obstruction permit is required by a registrant to hinder free and open passage over the specified portion of right-of-way by placing equipment described therein on the right-of-way, to the extent and for the duration specified therein. An obstruction permit is not required if a person already possesses a valid excavation permit for the same project. (3) Right -of -Way Small Wireless Facility Permit. A small wireless facility permit is required by a registrant to erect or install a wireless support structure, to collocate a small wireless facility, or to otherwise install a small wireless facility in the specified portion of the right-of-way, to the extent specified therein, provided that such permit shall remain in effect for the length of time the facility is in use, unless lawfully revoked. (B) Permit Exceptions. A right-of-way permit is not required for: (1) A City employee acting within the course and scope of his or her employment; (2) A contractor acting within the course and scope of a contract with the City; or (3) A franchisee acting within the course and scope of its franchise from the City or other permission or authorization from the City. (C) Permit Extensions. No person may excavate or obstruct the right-of-way beyond the date or dates specified in the permit unless (1) such person makes a supplementary application for another right-of-way permit before the expiration of the initial permit, and (2) a new permit or permit extension is granted. (D) Permit Display. Permits issued under this chapter shall be conspicuously displayed or otherwise available at all times at the indicated work site and shall be available for inspection by the City. § 90.08. Permit Applications. Application for a permit is made to the City. Right-of-way permit applications shall contain, and will be considered complete only upon compliance with, the requirements of the following provisions: (A) Registration with the City pursuant to this chapter; (B) Submission of a completed permit application form, including all required attachments, and scaled drawings showing the location and area of the proposed project and the location of all known existing and proposed facilities. (C) Payment of money due the City for: (1) permit fees, estimated restoration costs and other management costs; (2) prior obstructions or excavations; (3) any undisputed loss, damage, or expense suffered by the City because of applicant's prior excavations or obstructions of the rights -of -way or any emergency actions taken by the City; (4) franchise fees, collocation fees, or other charges, if applicable. 90.09. Issuance of Permit; Conditions. (A) Permit Issuance. If the applicant has satisfied the requirements of this chapter, the City shall issue a permit. (B) Conditions. The City may impose reasonable conditions upon the issuance of the permit and the performance of the applicant thereunder to protect the health, safety and welfare or when necessary to protect the right-of-way and its current use. In addition, a permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes §§ 216D.01 - .09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. (C) Small Wireless Facility Conditions. In addition to (B) Conditions above, the erection or installation of a wireless support structure, the collocation of a small wireless facility, or other installation of a small wireless facility in the right-of-way, shall be subject to the following conditions: (1) A small wireless facility shall only be collocated on the particular wireless support structure, under those attachment specifications, and at the height indicated in the applicable permit application. (2) No new wireless support structure installed within the right-of-way shall exceed fifty (50) feet in height without the City's written authorization, provided that the City may deny a permit to protect the public health, safety and welfare or to protect the right-of-way and its current use, and further provided that a registrant may replace an existing wireless support structure exceeding fifty (50) feet in height with a structure of the same height subject to such conditions or requirements as may be imposed in the applicable permit. (3) No wireless facility may extend more than ten (10) feet above its wireless support structure. (4) Where an applicant proposes to install a new, or replace an existing utility pole for use as a wireless support structure in the right-of-way, the City may impose separation requirements between such structure and any existing wireless support structure or other facilities in the right-of-way. (5) Where an applicant proposes collocation on a decorative wireless support structure, sign or other structure not intended to support small wireless facilities, the City may impose reasonable requirements to accommodate the particular design, appearance or intended purpose of such structure. (6) Where an applicant proposes to install a new or replacement wireless support structure, the City may impose reasonable restocking, replacement, or relocation requirements on the replacement of such structure. (7) Maintenance and Modifications (a) Coordination of Maintenance and Equipment Upgrade Activities - Prior to telecommunication right-of-way user engaging in planned or routine maintenance activities, or equipment upgrades with equipment that is substantially similar or smaller in size, weight, height, and wind or structural loading concerning small wireless facility equipment attached to a City, County, or Utility owned pole, telecommunication right-of-way user shall provide twenty (20) days advance notice to the City in order to coordinate such maintenance activities or other public safety functions. Such twenty (20) day advance notice shall not be required in the case of an emergency. (b) Prior to making any other modifications to the small wireless facility described in Section 7 (A) above, other than maintenance and repair of site specific small wireless facility equipment as provided in the Small Wireless Facility Collocation Agreement, telecommunication right-of-way user shall file a Right -of -Way Small Wireless Facility Permit Application with the City describing the proposed modifications. The City shall review the Right -of -Way Small Wireless Facility Permit Application pursuant to the terms and conditions in the Small Wireless Facility Collocation Agreement, and if approved such Right -of -Way Small Wireless Facility Permit Application shall be attached as an Exhibit and made a part thereto. Any additional site modifications shall be incorporated thereto in the same manner. (8) All Small Wireless Facility installations within a historic district shall be stealth installations subject to the review of the Minnesota State Historic Preservation Office (SHPO) in order to satisfy that the installations are compatible with the regulations applicable to the district. Telecommunications right-of-way users shall implement design concepts, and the use of camouflage or stealth materials, as necessary in order to achieve compliance with SHPO review, the City's and other applicable regulations as amended. Prior to submitting a Right -of -Way Small Wireless Facility Permit Application for an installation proposed in a historic district, the applicant shall meet with SHPO to discuss any potential design modifications appropriate for the installation. (9) All Small Wireless Facility installations within the right-of-way shall be allowed in all zoning districts, except that an applicant may only install a new wireless support structure by conditional use permit in the following zoning districts: (a) R-1, single-family residential; (b) R-2, medium density residential; (c) R-3, medium -high density residential; (d) R-4, high density residential; (D) Small Wireless Facility Collocation Agreement. A small wireless facility shall only be collocated on a small wireless support structure owned or controlled by the City, or any other City asset in the right-of-way, after the applicant has executed a standard small wireless facility collocation agreement with the City. The standard collocation agreement may require fees in accordance with M.S. §237.162, Subd. 6(g) and the City fee schedule as they may be amended from time to time, and: (1) Up to $150 per year for rent to collocate on the City structure. (2) $25 per year for maintenance associated with the collocation; (3) A monthly fee for electrical service as follows: (a) $73 per radio node less than or equal to 100 maximum watts; (b) $182 per radio node over 100 maximum watts; or (c) The actual costs of electricity, if the actual cost exceed the foregoing. The standard collocation agreement shall be in addition to, and not in lieu of, the required right-of-way small wireless facility permit, provided, however, that the applicant shall not be additionally required to obtain a license or franchise in order to collocate. Issuance of a right-of-way small wireless facility permit does not supersede, alter or affect any then - existing agreement between the City and applicant, § 90.10 Action on Right -of -Way Small Wireless Facility Permit Applications. (A) Deadline for Action. The City shall approve or deny a right-of-way small wireless facility permit application within ninety (90) days after filing of such application. The right-of-way small wireless facility permit, and any associated building permit application, shall be deemed approved if the City fails to approve or deny the application within the review periods established in this section. (B) Consolidated Applications. An applicant may file a consolidated right-of-way small wireless facility permit application addressing the proposed collocation of up to fifteen (15) small wireless facilities, or a greater number if agreed to by the City, provided that all small wireless facilities in the application: (1) are located within a two-mile radius; (2) consist of substantially similar equipment; and (3) are to be placed on similar types of wireless support structures. In rendering a decision on a consolidated permit application, the City may approve some small wireless facilities and deny others, but may not use denial of one or more permits as a basis to deny all small wireless facilities in the application. § 90.11. Permit Fees. (A)Excavation Permit Fee. The City shall impose an excavation permit fee in an amount sufficient to recover management costs. (B) Obstruction Permit Fee. The City shall impose establish an obstruction permit fee in an amount sufficient to recover management costs. (C) Small Wireless Facility Permit Fee. The City shall impose a small wireless facility permit fee in an amount sufficient to recover: (1) management costs, and; (2) City engineering, make-ready, and construction costs associated with collocation of small wireless facilities. (D)Payment of Permit Fees. No right of way permit shall be issued without payment of all applicable permit fees. The City may allow applicant to pay such fees within thirty (30) days of billing. (E) Non Refundable. Permit fees that were paid for a permit that the City has revoked for a breach as stated in Section 90.23 are not refundable. (F) Application to Franchises. Unless otherwise agreed to in a franchise, management costs may be charged separately from and in addition to the franchise fees imposed on a right- of-way user in the franchise. § 90.12. Right -of -Way Patching, Restoration, and Construction (A) Timing. The work to be done under the right-of-way permit, and the patching and restoration of the right-of-way as required herein, must be completed within the dates specified in the permit, increased by as many days as work could not be done because of circumstances beyond the control of the permittee or when work was prohibited as unseasonal or unreasonable under Section 90.17. (B) Patch and Restoration. Permittee shall patch its own work. The City may choose either to have the permittee restore the right-of-way or to restore the right-of-way itself. (1) City Restoration. If the City restores the right-of-way, permittee shall pay the costs thereof within thirty (30) days of billing. Upon receipt of the Right -of -Way Permit Application, the City Engineer shall cause investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon the excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued. If, following such restoration, the pavement settles due to permittee's improper backfilling, the permittee shall pay to the City, within thirty (30) days of billing, all costs associated with correcting the defective work. (2) Permittee Restoration. If the permittee restores the right-of-way itself, all construction and reconstruction of roadway surfacing, sidewalk and curb and gutter improvements, including curb cuts, shall be strictly in accordance with specifications and standards on file in the office of the City Engineer and open to inspection and copying there. The specifications and standards may be amended from time to time by the City, but shall be uniformly enforced. (C) Sidewalk, Curb and Gutter; Construction. Methods of procedure: (1) Primary responsibility. It is the primary responsibility of the owner of property upon which there is abutting any sidewalk to keep and maintain that sidewalk in safe and serviceable condition. (2) Notice; no emergency. Where, in the opinion of the City Engineer, no emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within ninety (90) days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements. (3) Notice; emergency. Where, in the opinion of the City Engineer, an emergency exists, notice of the required repair or reconstruction shall be given to the owner of the abutting property. The notice shall require completion of the work within ten days, and shall be mailed to the owner or owners shown to be owners on the records of the county officer who mails tax statements. (4) Failure of owner to reconstruct or make repairs. If the owner of the abutting property fails to make repairs or accomplish reconstruction as herein required, the City Engineer shall report that failure to the Council and the Council may order the work to be done under its direction and the cost thereof assessed to the abutting property owner as any other special assessment. (5) Abutting or affected property owners may contract for, construct or reconstruct roadway surfacing, sidewalk or curb and gutter in accordance with this section if advance payment is made therefor or arrangements for payment considered adequate by the City are completed in advance. (6) With or without petition by the methods set forth in the Local Improvement Code of Minnesota Statutes, M.S. Ch. 429, as it may from time to time be amended. (D) Curb Setback. (1) Permit required. It is a misdemeanor for any person to hereafter remove, or cause to be removed, any curb from its position abutting upon the roadway to another position without first making application to the Council and obtaining a permit therefor. (2) Agreement required. (a) No permit shall be issued until the applicant, and the abutting landowner if other than the applicant, shall enter into a written agreement with the City agreeing to pay all costs of constructing and maintaining the setback area in at least as good condition as the abutting roadway, and further agreeing to demolish and remove the setback and reconstruct the area to its previous condition at the expense of the landowner, or his or her heirs or assigns, if the area ever, in the City's opinion, becomes a public hazard. (b) This agreement shall be recorded in the office of the County Recorder, and shall run with the adjoining land. (3) Signposting. "Angle Parking Only" signs shall be purchased from the City and erected and maintained at the expense of the adjoining landowner in all setback areas of this type now in use or hereafter constructed. It is unlawful for any person to park other than at an angle in these setback areas, as angle parking is described and allowed in this code of ordinances. (4) Public rights preserved. Setback parking areas shall be kept open for public parking, and the abutting landowner shall at no time acquire any special interest or control of or in these areas. (E) Standards. The permittee shall perform excavation, backfilling, patching and restoration according to the standards and with the materials specified by the City and shall comply with Minnesota Rule 7819.1100. (F) Duty to Correct Defects. The permittee shall correct defects in patching or restoration performed by permittee or its agents. The permittee upon notification from the City, shall correct all restoration work to the extent necessary, using the method required by the City. Said work shall be completed within five (5) calendar days of the receipt of the notice from the City, not including days during which work cannot be done because of circumstances constituting force majeure or days when work is prohibited as unseasonable or unreasonable under Section 90.17. (G)Failure to Restore. If the permittee fails to restore the right-of-way in the manner and to the condition required by the City, or fails to satisfactorily complete all restoration required by the City in a timely manner, the City at its option may do such work. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the City may, after giving notice to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. (H) Cost Adjustment. Within sixty (60) days following completion of the permanent repairs, the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be. (I) Alternate Method of Charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the City may charge on the basis of surface square feet removed, excavated cubic feet or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. § 90.13. Joint Applications. (A)Joint application. Registrants may jointly apply for permits to excavate or obstruct the right-of-way at the same place and time. (B) Shared fees. Registrants who apply for permits for the same obstruction or excavation, which the City does not perform, may share in the payment of the obstruction or excavation permit fee. In order to obtain a joint permit, registrants must agree among themselves as to the portion each will pay and indicate the same on their applications. (C) With City projects. Registrants who join in a scheduled obstruction or excavation performed by the City, whether or not it is a joint application by two or more registrants or a single application, are not required to pay the excavation or obstruction and degradation portions of the permit fee, but a permit would still be required. § 90.14. Supplementary Applications. (A)Limitation on Area. A right-of-way permit is valid only for the area of the right-of-way specified in the permit. No permittee may do any work outside the area specified in the permit, except as provided herein. Any permittee which determines that an area greater than that specified in the permit must be obstructed or excavated must before working in that greater area (i) make application for a permit extension and pay any additional fees required thereby, and (ii) be granted a new permit or permit extension. (B) Limitation on Dates. A right-of-way permit is valid only for the dates specified in the permit. No permittee may begin its work before the permit start date or, except as provided herein, continue working after the end date. If a permittee does not finish the work by the permit end date, it must apply for a new permit for the additional time it needs, and receive the new permit or an extension of the old permit before working after the end date of the previous permit. This supplementary application must be submitted before the permit end date. § 90.15. Other Obligations. (A) Compliance with Other Laws. Obtaining a right-of-way permit does not relieve permittee of its duty to obtain all other necessary permits, licenses, and authority and to pay all fees required by the City or other applicable rule, law or regulation. A permittee shall comply with all requirements of local, state and federal laws, including but not limited to Minnesota Statutes, Section 216D.01-.09 (Gopher One Call Excavation Notice System) and Minnesota Rules Chapter 7560. A permittee shall perform all work in conformance with all applicable codes and established rules and regulations, and is responsible for all work done in the right-of-way pursuant to its permit, regardless of who does the work. (B) Prohibited Work. Except in an emergency, and with the approval of the City, no right-of- way obstruction or excavation may be done when seasonally prohibited or when conditions are unreasonable for such work. (C) Interference with Right -of -Way. A permittee shall not so obstruct a right-of-way that the natural free and clear passage of water through the gutters or other waterways shall be interfered with. Private vehicles of those doing work in the right-of-way may not be parked within or next to a permit area, unless parked in conformance with City parking regulations. The loading or unloading of trucks must be done solely within the defined permit area unless specifically authorized by the permit. (D) Trenchless excavation. As a condition of all applicable permits, permittees employing trenchless excavation methods, including but not limited to Horizontal Directional Drilling, shall follow all requirements set forth in Minnesota Statutes Chapter 216D and Minnesota Rules Chapter 7560 and shall require potholing or open cutting over existing underground utilities before excavating, as determined by the City Engineer. (E) Obstructions in Right -of -Way. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of that permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. (1) Fires. It is a misdemeanor for any person to build or maintain a fire upon a right-of- way. (2) Dumping in Streets. (a) It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon, except for leaves raked into the gutter line specifically for and in compliance with a municipal leaf pick up program. (b) It is a violation of this section to haul any material of this type, inadequately enclosed or covered, thereby permitting the same to fall upon streets. (c) It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the City. (3) Signs and Other Structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street without first having obtained a written permit from the City. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon terms and conditions as may be set forth in the zoning or construction provisions in Title XV of this code of ordinances. (4) Placing Snow or Ice in a Roadway or on a Public Sidewalk or Trail. (a) It is a misdemeanor for any person not acting under a specific contract with the City, or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any roadway. Snow or ice on driveways, sidewalks and the like shall not be pushed across traveled portions of roadways and may only be stored on private property or on rights -of -way adjacent to the private property. The City may assess the cost of removal of snow or ice against the affected property owner pursuant to the provisions of § 90.32, (C) of this chapter. (b) Where permission is granted by the City Administrator, the person to whom that permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefitted property as any other special assessment. (F) Uses of Right -of -Way. Purpose: Rights -of -way provide many public benefits, including providing for placement of utilities, roadway safety and maintenance, and access to and protection of private property. Therefore, the City of Hutchinson regulates utilization of rights -of -way to retain these and other public benefits of rights -of -way. (1) Authority, permission and procedure. Upon an application duly made to the City Administrator and reviewed and recommended by the City Engineer, the Council may, in its discretion, grant special permission whereby on -street parking or the use of City owned parking lots or ramps or public sidewalks may be temporarily or permanently prohibited or restricted for private reasons and purposes (including, but not limited to, establishment of private or leased parking, loading zones or benches) at places, on terms and for consideration as the Council may deem just and equitable. In establishing the amount of the consideration to be paid to the City, the Council shall consider the amount of space, location thereof, if any, public inconvenience and hazards to persons or property. Upon complaint of any aggrieved person at any time and by reason of any specific special permission so granted, the Council shall, at its next regular meeting after receipt of the complaint, call a hearing thereon to be held after ten days' notice in writing to applicant and complainant and published notice at least ten days prior to the hearing. After the hearing, the Council shall by resolution decide whether to terminate, continue or redefine the terms of the permission, and the decision shall be final and binding on all persons directly or indirectly interested therein; except that, the Council may, on its own motion, reconsider the same. (2) Permanent and semi -permanent fixtures in rights -of -way require a franchise from the City. Franchise agreements for permanent or semi -permanent fixtures must be approved by the City Council. Other uses of rights -of -way may be regulated by permit or ordinance as the Council sees fit. (3) Permanent and semi -permanent fixtures shall include, but are not limited to, the following: (a) Fixtures that are affixed to the ground by posts or foundations. (b) Fixtures not affixed to the ground, but of size, mass, and/or dimension that may adversely affect the public function of the right-of-way. (c) Fixtures specifically exempt from the definition of permanent or semi -permanent fixtures include: (i) Traffic control devices placed by a road authority, as defined by Minnesota Statute 160.02. (ii) Boulevard trees and landscaping features approved by a road authority. (iii)Fixtures required to provide municipal utilities. (4) Permanent and semi -permanent fixtures shall conform to the following requirements: (a) After placement of a fixture, there shall remain at least six (6) feet of unobstructed sidewalk in commercial districts and four (4) feet of unobstructed sidewalk in residential and industrial districts where sidewalk exists. In all cases where trails exist, ten (10) feet of unobstructed trail shall remain. (b) Fixtures shall not block any traffic control device and shall not exceed thirty (30) inches in height within the sight triangle area, defined as: that triangular area formed by the hypotenuse of measurements twenty-five (25) feet each direction from the intersection of corner property lines. A greater distance may be required as determined by the City. (c) Fixtures shall not pose unreasonable safety hazards because of the type of materials, objects or property placed within rights -of -way. (d) Fixtures shall not unreasonably restrict other necessary or beneficial uses of rights -of -way. (e) Nothing herein shall prohibit: (i) The repair of fixtures and related appurtenances placed within rights -of -way by existing franchisees, a road authority, or municipal utilities. (ii) The placement of mailboxes approved by the United States Postal Service. (iii)The placement of driveways and accesses to private property otherwise permitted. (5) Maintenance of rights -of -way. (a) Work to maintain properties within rights -of -way is allowed by the City and franchisees, as governed by Code Section 90.04. (b) Materials, objects or property may be placed in rights -of -way by the City or under permit from the City in association with community and special events. (c) Landscape restoration by the City and franchisees shall consist of restoring disturbed areas within rights -of -way with turf grasses. (6) Other uses of rights -of -way. (a) No use of rights -of -way shall cause a nuisance, hazard, danger, or sight obstruction for any traffic, vehicles, pedestrians, or bicyclists using the right-of- way. The City may at its discretion remove, or order to be removed, at the owners expense, any property causing such nuisance, hazard, danger or sign obstruction and/or require appropriate warnings be placed. (b) The owner of property placed within rights -of -way shall be liable for any damage, theft, vandalism, etc. of any fixture, item, object or property placed within rights -of -way or any damage caused thereby. The owner of any such property so placed shall hold the City harmless in any claims therefor. (7) Unlawful acts. It is unlawful for any person to park or otherwise infringe upon a grant of right under this section, when clearly and distinctly marked or signposted. It is unlawful for any person not granted such a right to assert the same, or for any grantee of such a right to exceed the same under claim thereto. (8) Condition. Before granting any permit under any of the provisions of this section, the Council may impose insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding those persons and property. The insurance or bond shall also protect the City from any suit, action or cause of action arising by reason thereof. (9) Curb and Gutter, Street and Sidewalk Painting or Coloring. It is unlawful for any person to paint, letter or color any street, sidewalk or curb and gutter for advertising purposes, or to paint or color any street, sidewalk or curb and gutter for any purpose, except as the same may be done by City employees acting within the course or scope of their employment; provided, however, that, this provision shall not apply to uniformly coloring concrete or other surfacing, or uniformly painted house numbers, as that coloring may be approved by the City Administrator. § 90.16. Denial or Revocation of Permit. (A) Reasons for Denial. The City may deny a permit for failure to meet the requirements and conditions of this chapter or if the City determines that the denial is necessary to protect the health, safety, and welfare or when necessary to protect the right-of-way and its current use. (B) Procedural Requirements. The denial or revocation of a permit must be made in writing and must document the basis for the denial. The City must notify the applicant or right- of-way user in writing within three business days of the decision to deny or revoke a permit. If an application is denied, the right-of-way user may address the reasons for denial identified by the City and resubmit its application. If the application is resubmitted within thirty (30) days of receipt of the notice of denial, no additional application fee shall be imposed. The City must approve or deny the resubmitted application within thirty (30) days after submission. 90.17. Installation Requirements. (A) Standards for Installation. The excavation, backfilling, patching and restoration, and all other work performed in the right-of-way shall be done in conformance with Minnesota Rules 7819.1100 and 7819.5000 and other applicable local requirements, in so far as they are not inconsistent with the Minnesota Statutes, Sections 237.162 and 237.163. Installation of service laterals shall be performed in accordance with Minnesota Rules Chapter 7560 and these ordinances. Service lateral installation is further subject to those requirements and conditions set forth by the City in the applicable permits and/or agreements referenced in Section 90.24 (B) of this ordinance. (B) Requirement of Sewer and Water Laterals. No petition for the improvement of a street shall be considered by the Council if the petition contemplates constructing therein any part of a pavement or stabilized base, or curb and gutter, unless all sewer and water main installations shall have been made therein, including the installation of service laterals to the curb, if the area along the street will be served by those utilities installed in the street. (C) Sewer System Service and Water Main Service Laterals. No sewer system shall be hereafter constructed or extended unless service laterals to platted lots and frontage facing thereon shall be extended simultaneously with construction of mains. (D) Waiver. The Council may waive the requirements of this section only if it finds the effects thereof are burdensome and upon notice and hearing as the Council may deem necessary or proper. § 90.18. Inspection. (A) Notice of Completion. When the work under any permit hereunder is completed, the permittee shall furnish a notice of completion or have a final inspection performed by the City. (B) Site Inspection. Permittee shall make the work -site available to the City and to all others as authorized by law for inspection at all reasonable times during the execution of and upon completion of the work. The City Engineer shall inspect improvements as deemed necessary or advisable. Any work not done according to the applicable specifications and standards shall be removed and corrected at the expense of the permit holder. Any work done hereunder may be stopped by the City Engineer if found to be unsatisfactory or not in accordance with the specifications and standards, but this shall not place a continuing burden upon the City to inspect or supervise this type of work. (C) Authority of City Engineer. (1) At the time of inspection, the City Engineer may order the immediate cessation of any work which poses a serious threat to the life, health, safety or well-being of the public. (2) The City Engineer may issue an order to the permittee for any work that does not conform to the terms of the permit or other applicable standards, conditions, or codes. The order shall state that failure to correct the violation will be cause for revocation of the permit. Within ten (10) days after issuance of the order, the permittee shall present proof to the City Engineer that the violation has been corrected. If such proof has not been presented within the required time, the City Engineer may revoke the permit pursuant to Section 90.23. § 90.19. Work Done Without a Permit. (A) Emergency Situations. Each registrant shall immediately notify the City Engineer of any event regarding its facilities that it considers to be an emergency. The registrant may proceed to take whatever actions are necessary to respond to the emergency. Excavators' notification to Gopher State One Call regarding an emergency situation does not fulfill this requirement. Within two (2) business days after the occurrence of the emergency, the registrant shall apply for the necessary permits, pay the fees associated therewith, and fulfill the rest of the requirements necessary to bring itself into compliance with this chapter for the actions it took in response to the emergency. If the City becomes aware of an emergency regarding a registrant's facilities, the City will attempt to contact the local representative of each registrant affected, or potentially affected, by the emergency. In any event, the City may take whatever action it deems necessary to respond to the emergency, the cost of which shall be borne by the registrant whose facilities occasioned the emergency. (B) Non -Emergency Situations. Except in an emergency, any person who, without first having obtained the necessary permit, obstructs or excavates a right-of-way must subsequently obtain a permit and, as a penalty, pay double the normal fee for said permit, pay double all the other fees required by the City code, deposit with the City the fees necessary to correct any damage to the right-of-way, and comply with all of the requirements of this chapter. § 90.20. Supplementary Notification. If the obstruction or excavation of the right-of-way begins later or ends sooner than the date given on the permit, permittee shall notify the City of the accurate information as soon as this information is known. § 90.21. Revocation of Permits. (A) Substantial Breach. The City reserves its right, as provided herein, to revoke any right-of- way permit without a fee refund, if there is a substantial breach of the terms and conditions of any statute, ordinance, rule or regulation, or any material condition of the permit. A substantial breach by permittee shall include, but shall not be limited to, the following: (1) The violation of any material provision of the right-of-way permit; (2) An evasion or attempt to evade any material provision of the right-of-way permit, or the perpetration or attempt to perpetrate any fraud or deceit upon the City or its citizens; (3) Any material misrepresentation of fact in the application for a right-of-way permit; (4) The failure to complete the work in a timely manner, unless a permit extension is obtained or unless the failure to complete work is due to reasons beyond the permittee's control; or (5) The failure to correct, in a timely manner, work that does not conform to a condition indicated on an order issued pursuant to Section 90.20. (B) Written Notice of Breach. If the City determines that the permittee has committed a substantial breach of a term or condition of any statute, ordinance, rule, regulation or any condition of the permit, the City shall make a written demand upon the permittee to remedy such violation. The demand shall state that continued violations may be cause for revocation of the permit. A substantial breach, as stated above, will allow the City, at its discretion, to place additional or revised conditions on the permit to mitigate and remedy the breach. (C) Response to Notice of Breach. Within fourty-eight (48) hours of receiving notification of the breach, permittee shall provide the City with a plan, acceptable to the City, that will cure the breach. Permittee's failure to so contact the City, or permittee's failure to timely submit an acceptable plan, or permittee's failure to reasonably implement the approved plan, shall be cause for immediate revocation of the permit. (D) Reimbursement of City costs. If a permit is revoked, the permittee shall also reimburse the City for the City's reasonable costs, including restoration costs and the costs of collection and reasonable attorneys' fees incurred in connection with such revocation. 90.22. Mapping Data. (A) Information Required. Each registrant and permittee shall provide mapping information required by the City in accordance with Minnesota Rules 7819.4000 and 7819.4100. Within ninety (90) days following completion of any work pursuant to a permit, the permittee shall provide the City Engineer accurate maps and drawings certifying the "as -built" location of all equipment installed, owned and maintained by the permittee. Such maps and drawings shall include the horizontal and vertical location of all facilities and equipment and shall be provided consistent with the City's electronic mapping system, when practical or as a condition imposed by the City Engineer. Failure to provide maps and drawings pursuant to this subsection shall be grounds for revoking the permit holder's registration. (B) Service Laterals. All permits issued for the installation or repair of service laterals, other than minor repairs as defined in Minnesota Rules 7560.0150 subpart 2, shall require the permittee's use of appropriate means of establishing the horizontal locations of installed service laterals and the service lateral vertical locations in those cases where the City Engineer reasonably requires it. Permittees or their subcontractors shall submit to the City Engineer evidence satisfactory to the City Engineer of the installed service lateral locations. Compliance with this Chapter and with applicable Gopher State One Call law and Minnesota Rules governing service laterals installed after December 31, 2005 shall be a condition of any City approval necessary for: (1) payments to contractors working on a public improvement project including those under Minnesota Statutes Chapter 429 and, (2) City approval under development agreements or other subdivision or site plan approval under Minnesota Statutes Chapter 462. The City Engineer shall reasonably determine the appropriate method of providing such information to the City. Failure to provide prompt and accurate information on the service laterals installed may result in the revocation of the permit issued for the work or future permits to the offending permittee or its subcontractors. 90.23. Location and Relocation of Facilities. (A) Placement, location, and relocation of facilities must comply with the Act, with other applicable law, and with Minnesota Rules 7819.3100, 7819.5000 and 7819.5100, to the extent the rules do not limit authority otherwise available to cities. (B) Undergrounding. Except for small wireless facilities and wireless support structures and unless otherwise agreed in a franchise or other agreement between the applicable right-of-way user and the City, Facilities in the right-of-way must be located or relocated and maintained underground in accordance with Section 153.084 of the City Code. (C) Corridors. The City may assign a specific area within the right-of-way, or any particular segment thereof as may be necessary, for each type of facilities that is or, pursuant to current technology, the City expects will someday be located within the right-of-way. All excavation, obstruction, or other permits issued by the City involving the installation or replacement of facilities shall designate the proper corridor for the facilities at issue. Any registrant who has facilities in the right-of-way in a position at variance with the corridors established by the City shall, no later than at the time of the next reconstruction or excavation of the area where the facilities are located, move the facilities to the assigned position within the right-of-way, unless this requirement is waived by the City for good cause shown, upon consideration of such factors as the remaining economic life of the facilities, public safety, customer service needs and hardship to the registrant. (D) Nuisance. One year after the passage of this chapter, any facilities found in a right-of- way that have not been registered shall be deemed to be a nuisance. The City may exercise any remedies or rights it has at law or in equity, including, but not limited to, abating the nuisance or taking possession of the facilities and restoring the right-of-way to a useable condition and assessing the costs to the property owner. (E) Limitation of Space. To protect health, safety, and welfare, or when necessary to protect the right-of-way and its current use, the City shall have the power to prohibit or limit the placement of new or additional facilities within the right-of-way. In making such decisions, the City shall strive to the extent possible to accommodate all existing and potential users of the right-of-way, but shall be guided primarily by considerations of the public interest, the public's needs for the particular utility service, the condition of the right-of-way, the time of year with respect to essential utilities, the protection of existing facilities in the right-of-way, and future City plans for public improvements and development projects which have been determined to be in the public interest. § 90.24 Pre -excavation Facilities Location. In addition to complying with the requirements of Minn. Stat. 216D.01-.09 ("One Call Excavation Notice System") before the start date of any right-of-way excavation, each registrant who has facilities or equipment in the area to be excavated shall mark the horizontal and vertical placement of all said facilities the maximum extent practicable. Any registrant whose facilities are less than twenty (20) inches below a concrete or asphalt surface shall notify and work closely with the excavation contractor to establish the exact location of its facilities and the best procedure for excavation. § 90.25. Damage to Other Facilities. When the City does work in the right-of-way and finds it necessary to maintain, support, or move a registrant's facilities to protect it, the City shall notify the local representative as early as is reasonably possible. The costs associated therewith will be billed to that registrant and must be paid within thirty (30) days from the date of billing. Each registrant shall be responsible for the cost of repairing any facilities in the right-of-way which it or its facilities damage. Each registrant shall be responsible for the cost of repairing any damage to the facilities of another registrant caused during the City's response to an emergency occasioned by that registrant's facilities. § 90.26. Right -of -Way Vacation. Reservation of right. If the City vacates a right-of-way that contains the facilities of a registrant, the registrant's rights in the vacated right-of-way are governed by Minnesota Rules 7819.3200. § 90.27. Indemnification and Liability By registering with the City, or by accepting a permit under this chapter, a registrant or permittee agrees to defend, indemnify, and hold the City harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the City incident to a claim or action brought or commenced by any person arising therefrom.and in accordance with the provisions of Minnesota Rule 7819.1250. § 90.28. Abandoned and Unusable Facilities. (A) Discontinued Operations. A registrant who has determined to discontinue all or a portion of its operations in the City must provide information satisfactory to the City that the registrant's obligations for its facilities in the right-of-way under this chapter have been lawfully assumed by another registrant. (B) Removal. Any registrant who has abandoned facilities in any right-of-way shall remove it from that right-of-way if required in conjunction with other right-of-way repair, excavation, or construction, unless this requirement is waived by the City. § 90.29. Appeal. A right-of-way user that: (A) has been denied registration; (B) has been denied a permit; (C) has had a permit revoked; (D) believes that the fees imposed are not in conformity with Minn. Stat. § 237.163, Subd. 6; or (E) disputes a determination of the City Engineer regarding Section 90.24 (B) of this ordinance may have the denial, revocation, fee imposition, or decision reviewed, upon written request, by the City Council. The City Council shall act on a timely written request at its next regularly scheduled meeting, provided the right-of-way user has submitted its appeal with sufficient time to include the appeal as a regular agenda item. A decision by the City Council affirming the denial, revocation, or fee imposition will be in writing and supported by written findings establishing the reasonableness of the decision. § 90.30 Reservation of Regulatory and Police Powers A permittee's rights are subject to the regulatory and police powers of the City to adopt and enforce general ordinances as necessary to protect the health, safety and welfare of the public. § 90.31. Severability. If any portion of this chapter is for any reason held invalid by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. Nothing in this chapter precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to requirements set forth herein. § 90.32. Ice and Snow on Public Sidewalks and Trails (A) ke and snow a nuisance. All snow and ice remaining upon public sidewalks and trails is hereby declared to constitute a public nuisance and shall be abated by the owner or tenant of the abutting private property within 24 hours after the snow or ice has ceased to be deposited. The owner or tenant shall provide a minimum four feet of clearance on the sidewalk or trail adjacent to their property. (B) City to remove snow and ice; property owner to be billed. The City may cause to be removed from all public sidewalks and trails, beginning 24 hours after snow or ice has ceased to fall, all snow or ice which may be discovered thereon, and it shall keep a record of the cost of that removal and the private property adjacent to which accumulations were found and removed. The owner of the property from which the accumulations were removed shall be invoiced for payment of those services in the same manner of all City invoices for services. (C) Cost of removal to be assessed. Should the bill for removal services remain unpaid, the City Administrator shall, upon direction of the Council and on receipt of the information provided for in (B) above, extend the cost of the removal of snow or ice as a special assessment against the lots or parcel of ground abutting on walks which were cleared, and these special assessments shall at the time of certifying taxes to the County Auditor be certified for collection as other special assessments are certified and collected. (D) Civil suit for cost of removal. The City Administrator shall, in the alternative, upon direction of the Council, bring suit in a court of competent jurisdiction to recover from the persons owning land adjacent to which sidewalks and trails were cleared, as provided in (B) above, the cost of the clearing and the cost and disbursement of a civil action therefor. (E) City Administrator to report sidewalks cleared. The City Administrator shall present to the Council at its first meeting after snow or ice has been cleared from the sidewalks as provided in (B) above the report of the City thereon, and shall request the Council to determine by resolution the manner of collection to be used as provided in (C) or (D) above. § 90.33 Violations. Every person violates a section, division or provision of this chapter when he or she performs an act thereby prohibited or declared unlawful, or fails to act when that failure is thereby prohibited or declared unlawful and, upon conviction thereof, shall be punished as follows. (A) Where the specific section, division or provision specifically makes violation a misdemeanor, the person shall be punished as for a misdemeanor; where a violation is committed in a manner or under circumstances so as to endanger or be likely to endanger any person or property, the person shall be punished as for a misdemeanor; where the person stands convicted of violation of any provision of this chapter, exclusive of violations relating to the standing or parking of an unattended vehicle, within the immediate preceding 12-month period for the third or subsequent time, the person shall be punished as for a misdemeanor. (B) As to any violation not constituting a misdemeanor under the provisions of division (A) above, the person shall be punished as for a petty misdemeanor. (C) Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. This Ordinance was passed by the City Council of the City of Hutchinson on the _ day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 TITLE AND SUMMARY OF ORDINANCE NO. 18-0783 The following Ordinance is hereby published by title and summary: Title of Ordinance: Right -of -Way Management An Ordinance to Enact Title 9, Chapter 90 of the City of Hutchinson Code of Ordinances, Right -of -Way Management. 2. Summary of Ordinance: This ordinance repeals existing Title 9, Chapter 90 of the Hutchinson City Code, and enacts a new Chapter 90 to administer and regulate the public rights -of -way in the public interest, and to provide for the issuance and regulation of right-of-way permits in the chapter. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of rights -of -way in the City. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. Availability of Ordinance: A complete, printed copy of this Ordinance is available for inspection by any person during regular business hours in the office of the City Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the _ day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: 2nd Reading and Adoption of Telecommunications Ordinance Chapter 154.119 Department: PW LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At the April 17 Planning Commission Meeting there was a Public Hearing to receive comments on proposed changes to Chapter 154.119 Telecommunications Ordinance. Comments were received from 2 parties and considered by staff when drafting the current language being considered. The Telecommunications Ordinance was revised and received favorable recommendation of approval at the May 15th, 2018, Planning Commission Meeting. City staff has been administering an effort to revise the City's Telecommunications Ordinance, Chapter 154.119, relating to the use of small cell technologies. These changes are in response to major revisions to the City Right -Of -Way Ordinance necessary to accommodate small cell use of the right-of-way. Most changes to the Telecommunications Ordinance are to more clearly define that Chapter 154.119 applies to small cell installations proposed outside of the right-of-way. The 1 st reading of the Telecommunications Ordinance occurred at the 5/22/18 City Council meeting. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: 2nd reading and adoption of Telecommunications Ordinance revisions. 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: Ordinance No. 18-0784 AN ORDINANCE AMENDING CHAPTER 154 (ZONING) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES ADDING LANGUAGE IN SECTION 154.119 (TELECOMMUNICATIONS); THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend the Telecommunications Ordinance to add language in Section 154.119 of the City Code as follows: § 154.119 TELECOMMUNICATIONS ORDINANCE (A) Purpose and intent. In order to accommodate the communication needs of the residents, business and industry while protecting the health, safety and general welfare of the City, the following regulations are imposed in order to: (1) Facilitate the use of wireless communication services, television and radio antennas, for residents, business and industry of the City; (2) Minimize adverse effects of towers through careful design and site standards; (3) Avoid potential damage to adjacent properties from tower or antenna failure through structural standards and setback requirements; and (4) Maximize the use of existing and approved towers and buildings to accommodate new wireless telecommunication antennas in order to reduce the number of towers needed to serve the community; and (5) To regulate access to and ongoing use of public right-of-way and facilities, such as water tanks, building roof tops, lighting masts and other structures by telecommunications providers for their telecommunications facilities. (6) To regulate small wireless facilities located outside of public right-of-way. Small wireless facilities in the right-of-way shall comply with the process and standards in Chapter 90 of Hutchinson City Code. (B) Definitions (1) "Accessory Equipment" are the wires, cables, generators, air conditioning units, and other equipment or facilities that are used with Antennas. (2) "Aesthetics" (also known as "Conceal" or "Concealment" or "Stealth Design") refers to state-of-the-art design techniques used to blend the object into the surrounding environment and to minimize the negative aesthetic impacts (to be further defined in the review process). Examples of aesthetic design techniques include architecturally screening roof mounted antennas and accessory Equipment; integrating Telecommunications Facilities into architectural elements; nestling Telecommunications Facilities into the surrounding landscape so that the topography or vegetation reduces their view; using the location that would result in the least amount of visibility to the public, minimizing the size and appearance of the Telecommunications Facilities; and designing Towers to appear other than as Towers, such as light poles, power poles, flag poles, and trees.. (3) "Applicant" is any person or entity who files an application for any permit or is party to any lease agreement required by this Ordinance for the construction, replacement, installation, operation, or alteration of wireless communication facility or any component thereof. (4) "Antenna" is any exterior transmitting or receiving device mounted on a Tower, Monopole, building, or other structure and used in communications that radiate or capture electromagnetic waves, digital signals, analog signals, radio frequencies(excluding radar signals), wireless telecommunications signals or other communications signals. "Antenna" does not include a lightning rod. (5) "Antenna Support Structure" is any new or existing Tower, building, water tower, or electric transmission tower carrying over 200 kilo volts of electricity that can be used for the location of Antennas without increasing the height or mass of the existing structure. (4) » (6) "City" shall mean and refer to the City of Hutchinson or the authorized agent as designated by the City Council of the City of Hutchinson. (7) "Collocation" is the sharing of structures by two or more wireless service providers on a single support structure or otherwise sharing a common location. (8) "Easement" is a legal interest in real property that transfers a partial property right to the holder of the easement authorizing a person or party to use the land or property of another for a particular purpose. (9) "Engineer" refers to but is not limited to a radio, electrical, structural, civil, or mechanical engineer, licensed by the State of Minnesota. (10) "Equipment Lease Area" is a specified area at the base of or near a Telecommunication Facility, Tower, or Antenna that can contain an enclosed structure or open platform within which are housed, among other things, batteries, generators, air conditioning units, wireless communications or electrical equipment, or other Accessory Equipment, which may be connected to the Telecommunications Facility, Tower or Antenna by cable. (11) "Inventory of Small Wireless Facilities" refers to an accurate and current inventory of all Small Wireless Facilities, including sites that become inactive for any reason. (12) "Landline Broadband Backhaul Transport Service" refers to a fiber or other high- speed landline communications transport service contracted by Lessee from a third -party provider that interconnects with the Base Station Equipment at the Point -of -Demarcation and provides transport service back to Lessee's network. (13) "Lessee" is the party who rents land or property from a lessor. The lessee is also known as the "tenant", and must uphold specific obligations as defined in the lease agreement and by law. (14) "Lessor" is the owner of an asset that is leased under an agreement to the lessee. The lessee makes one-time or periodic payments to the lessor in return for the use of the asset. The lease agreement is binding on both the lessor and the lessee, and spells out the rights and obligations of both parties. (15) Micro Wireless Facility. A small wireless facility that is no larger than 24 inches long, 15 inches wide, and 12 inches high, and whose exterior antenna, if any, is no longer than 11 inches. (16) "Monopole" is a structure composed of a single spire used to support telecommunications equipment having no guy wires or ground anchors. (17) "Permit Holder" a person or entity who holds a permit issued pursuant to this Ordinance for a Telecommunications Facility. (18) "Point of Demarcation" is the point of where the Transmission Media of a Small Wireless Facility terminates and interconnects with broadband backhaul transmission facilities, whether provided by landline or wireless communications infrastructure. (19) "Public Utility Structure" is a structure which is owned by a governmental agency or utility company and which may be/can be used to support illumination devices or lines and other equipment carrying electricity or communications. (20) "Radio Propagation Study" the propagation of radio waves is described through the modeling of the different physical mechanisms (free -space attenuation, atmospheric attenuation, vegetation and hydrometer attenuation, attenuation by diffraction, building penetration loss, etc). This modeling is necessary for the conception of telecommunications systems and, once they have been designed, for their actual field deployment. Propagation models are implemented in engineering tools for the prediction different parameters useful for the field deployment of systems, for the study of the radio coverage (selection of the emission sites, frequency allocation, powers evaluation, antenna gains, polarization) and for the definition of the interferences occurring between distant transmitters. (21) "Residential Accessory Communication Devices" are any satellite dishes, television Antennas, radio Antennas, amateur radio Antennas, and similar communication transmission/reception devices and associated Accessory Equipment that are a permitted accessory use within a residential district. (22) "Right -of -Way (ROW) or Public Right of Way" . The area on, below, or above a public roadway, hi bicycle street, cartway, bicystreet, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other nonwire telecommunications or broadcast service. (23) "Rooftop Mounted Wireless Telecommunications Facility means a wireless telecommunication facility with antennas located on the roof of a building or on top of a structure and consisting of antennas, support structures and accessory equipment, but are adequately screened so as not to appear as stand-alone devices above the top of the roof line. (24) "Small Wireless Facility". A wireless facility defined as a low -power radio access facility, together with associated antennas, Transmission Media, mounting and mechanical equipment, which provides and extends wireless communications systems' service coverage and increases network capacity that meets all of the following qualifications: a. each antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure, and b. all other wireless equipment associated with the small wireless facility provided such equipment is, in aggregate, no more than 28 cubic feet in volume, not including electric meters, concealment elements, telecommunications demarcation boxes, battery backup power systems, grounding equipment, power transfer switches, cutoff switches, cable, conduit, vertical cable runs for the connection of power and other services, and any equipment concealed from public view within or behind an existing structure or concealment. c. a micro wireless facility. (25) "Street Light" is defined as a raised source of light usually mounted on a pole and constituting one of a series spaced at intervals along a public street or highway used to illuminate a public area, usually urban. Also referred to as a streetlamp. (26) "Telecommunications Equipment" refers to Antennas, Accessory Equipment, or Towers. (27) "Telecommunications Facilities" are the structures and equipment which make up a telecommunications network. Telecommunications facilities are defined by Federal Standard 1037C as the following: a) A fixed, mobile, or transportable structure, including (1) all installed electrical and electronic wiring, cabling, and equipment and (2) all supporting structures, such as utility, ground network, and electrical supporting structures. b) A network provided service to users or the network operating administration. c) A transmission pathway and associated equipment. d) In a protocol applicable to a data unit, such as a block or frame, an additional item of information or a constraint encoded within the protocol to provide the required control. e) A real property entity consisting of one or more of the following: a building, a structure, a utility system, pavement, and underlying land. (28) "Tower" is any of the following: a ground or roof mounted pole; spire; free standing, self-supporting lattice or monopole structure; or combination thereof taller than fifteen (15) feet, including but not limited to supporting lines, cables, wires, braces, and masts, intended primarily for the purpose of mounting an Antenna, meteorological device, or similar apparatus above grade (except amateur radio Antennas). (29) "Traffic Light/Traffic Signal System" are electrically operated colored signaling devices positioned at road intersections, pedestrian crossings, and other locations to control conflicting flows of traffic. (30) "Transmission Media" is all of the Lessee's radios, antennas, transmitters, wires, fiber optic cables, and other wireless transmission devices that are part of the Small Wireless Facility. (31) "Wireless Communications" refers to any personal wireless services as defined in the Federal Communications Act of 1996, including FCC licensed commercial wireless Telecommunications services such as cellular, personal communication services (PCS), specialized mobile radio (SMR), enhanced specialized mobile radio (ESMR), global system of mobile communication (GSM), paging and similar services that currently exist or may be developed. (32) "Utility Pole" is a structure that is: (1) owned or operated by: (a) a public utility; (b) a communications service provider; (c) a municipality; (d) an electric membership corporation; (e) a rural electric cooperative; or (f) municipal utility; and (2) designed and used to: (a) carry lines, cables, or wires for telephone, cable television, or electricity; or (b) provide lighting. (C) Permit required (1) Permit required. Prior to any construction of installation activities, a telecommunications provider planning to install, construct or operate telecommunications facilities in the City shall apply for a telecommunications application and obtain a building permit and, if required, a conditional use permit pursuant to this seetion Ordinance as applicable. (2) Building and Design Standards and Allowed Locations for Telecommunications Facilities. All Telecommunications Facilities shall be constructed and maintained in accordance with the following standards: A. Existing Telecommunication Facilities: 1.Existing Telecommunications Facilities located on or attached to existing structures, prior to the adoption of this Ordinance, are regulated by the provisions of the zoning district for each such parcel. Once the leases for existing Telecommunication Facilities expire or are otherwise terminated, the owner of the Telecommunication Facilities shall apply for a permit under this Ordinance and those existing Telecommunications Facilities shall be required to conform to all requirements of this Ordinance for new Telecommunication Facilities. The City may, among other remedies, require relocation of equipment, at the Telecommunication Facilities expense, to permitted areas under this Ordinance. B. New Telecommunications Facilities: I.New Telecommunications Towers, not including those to which Small Wireless Facilities are installed in the right-of-wa, shall be located only on parcels owned and controlled by the City without a conditional use permit, with the exact location on such parcels determined at the sole discretion of the City. If a new Tower cannot be located on a City parcel the Applicant shall provide radio propagation analysis as noted in 2.a) below to demonstrate need of the new Tower location. 2.Antennas shall be located on a new or replacement Tower at the locations permitted for Telecommunications Facilities only if the Applicant complies with the following requirements, in addition to the other requirements of this Ordinance: a) Unless the Applieant is a pr-evider- ,fWir-eless r mmttai.afien *The Applicant shall provide an analysis prepared by a radio or electrical engineer demonstrating that the proposed location of the Antennas is necessary to meet the coverage and/or capacity needs of its system. The Applicant shall provide a network map describing all of the Applicant's Telecommunications Facilities that provide any coverage within the City's limits. All Applicants shall provide documentation prepared by a radio or electrical engineer to show the Antennas would not cause interference with other existing or approved Telecommunications Equipment. The Applicant shall also pay the reasonable expenses of a radio or electrical engineer retained by the City, at the City's option, to review this analysis; b) The new or replacement Telecommunications Facilities shall use Stealth Design techniques as approved by the City. Economic considerations or hardships shall not be the sole justification for failing to provide Stealth Design techniques. c) The new or replacement Tower and Antenna, including attachments other than lightning rods, shall not exceed 150 feet in height, measured from grade. The City may, but shall not be required to, increase this height up to 190 feet if the Entity finds the increase in height would not have a significant visual impact, would not have a negative property value impact on surrounding properties because of proximity, topography or screening by trees or buildings or would accommodate two or more users. The City may waive this height limitation for a Tower and/or Antenna if used wholly or partially for essential public services, such as public safety. d) New Towers must comply and be marked and lighted in accordance with existing FAA and MnDOT Aeronautics rules. 3.A new Antenna may be attached to an existing or replacement public utility structure,, *i' 1e- or stfeet light pole outside of theme right-of-way if: a) The Antenna does not extend more than fifteen (15) feet above the top of the existing utility structure. b) The Antenna is no larger than three (3) cubic feet and has no individual surface larger than four (4) square feet. c) The Antenna extends outward from the utility structure no more than three (3) feet. d) There is no interference with public safety communications or with the original use of the public utility structure. e) The Applicant agrees that the Antenna must be removed and relocated, at Applicant's expense, when the City or utility requires the removal, ftpA-relocation, or reconditioning of the public utility structure. f) The Telecommunications Permit Application and all necessary agreements permitting the use of public property are approved. g) Its inclusion/attachment does not exceed the facilities structural capacity. h) Note: no equipment will be allowed on fiberglass light poles. Right-of- way installations are permitted for Small Wireless Facilities in accordance with the requirements of Chapter 90 of the Hutchinson City Code. 4."Construction Plan" a) A rowireless ^ ^r* s*.., ettt -e Tower will require a written plan for construction that demonstrates the use of aesthetics as defined in the definitions and approved by the City; includes the total height and width of the wireless facility and new wifeless stippeft swdettife Tower, including cross section and elevation, footing, foundation and wind speed details; a structural analysis indicating the capacity for future and existing antennas, including a geotechnical report and calculations for the foundations capacity; the identity and qualifications of each person directly responsible for the design and construction; and signed and sealed documentation from a professional engineer that shows the proposed location of the wireless facility and Tower and all easements and existing structures within two hundred (200) feet of such wireless facility or wireless support structure. b) Substantial modification of an existing wireless facility or new w:,.,,',,s Tower requires the following: 1) An application with the name, business address, and point of contact for the applicant; 2) The location of the proposed or affected new wireless sttppef: Tower or wireless facility; and 3) A construction plan that describes the proposed modifications to the Tower and all equipment and network components, including antennas, transmitters, receivers, base stations, power supplies, cabling, and related equipment. (3) Telecommunications Permit Application. Telecommunications providers shall apply for a permit on an application form obtained from the City. A telecommunications provider shall file three copies of the applications with the City. Applications shall be complete and include all information required by this o section, including a route map showing the location of the provider's existing and proposed facilities. (4) Public Data. The contents of all telecommunications permit applications and any other documents supporting the application may be classified as public data and as such may be released in accordance with the Minnesota Data Practices Act or other applicable regulation or court order. (5) Application Fee and Escrow. The application shall be accompanied by a one-time non- refundable application fee in the amount identified on the application form. At the discretion of the City, an escrow fee wi4 may be required for applications that require analysis by the City's communications consultant, such as an interference analysis and intermodulation study. The application fee and escrow amount are established in the City's fee schedule, set annually by the City Council. The Applicant shall also pay the expenses of a third -party engineer's service or technical study as required by the City. (6) Additional Information. The City may request an applicant to submit such additional information as the City deems reasonably necessary or relevant. The applicant shall comply with all such requests within reasonable deadlines for such additional information established by the City. (D) Amateur radio antenna towers. The construction or erection of towers supporting amateur radio antennas shall be a permitted use in all zoning districts, subject to the following requirements: (1) This type of tower requires a building permit; (2) This type of tower shall be allowed only in the rear yard of residentially zoned properties. If there is insufficient space within the rear yard to erect the tower and any related guy wires, then the property owner may apply for a conditional use permit to erect a tower in another yard (front or side); (3) This type of tower shall not exceed 75 feet in height, except by conditional use permit; (4) This type of tower shall conform to the accessory structure setback for the district in which it is located: (5) Amateur radio antenna towers shall be installed in accordance with the instructions furnished by the manufacturer of the tower model. Antennas mounted on a tower may be modified and changed at any time so long as the published allowable load on the tower is not exceeded and the structure of the tower remains in accordance with the manufacturer's specifications; and (6) This type of tower shall be exempt from the requirements of divisions (E) — (R) of this section. (E) Antennae Mounted on Roofs, Walls, and Existing Towers. The placement of wireless telecommunication antennae on roofs, walls and existing towers must be approved by the City, provided the antennae meet the requirements of this seetien ordinance, and after submittal and approval of all permits, applications, fees and information identified in Section B of this ordinance. (F) Tower Locations. Antennas on a public structure or existing structures are allowed in all districts by resolution approved by the City, without a conditional use permit. However, all antenna installations must comply with the requirements of this ordinance. Towers not exceeding 75 feet in height may be erected after the issuance of a building permit, without a conditional use permit. However, all tower installations must comply with the requirements of this ordinance. All towers shall be of a monopole construction and subject to the regulations listed in Chapter 151 of the City Code, regarding airport zoning. Towers exceeding 75 feet in height shall be allowed only by conditional use permit and shall only be allowed in the following zoning districts: (1) C-1, neighborhood convenience commercial district; (2) C-2, automotive service commercial district: (3) C-3, central commercial district; (4) C-4, fringe commercial district; (5) C-5, conditional commercial district; (6) I/C, industrial/commercial district; (7) I-1, light industrial park district; (8) I-2, heavy industrial district; and (9) BP, business park district. (G) Tower setbacks. The following setbacks shall apply in the listed districts. (1) In C-1, C-2, C-3, C-4, C-5, BP, I/C, I-1 and I-2 districts, the setback of the tower shall be at a ratio of one foot of setback for every two feet of height of tower (i.e., a 100-foot tower would require a 50-foot setback from all property lines and the street right-of-way). (2) In the event that any portion of the property directly abuts a district zoned R-1, single-family residential; R-2, medium density residential; R-3, medium -high density residential; R-4, high density residential; R-5, manufactured home park; any residential planned unit development; or A- 1, agricultural or R-1, rural residential in the Joint Planning Area; the setback to these districts shall be at a ratio of one foot for every one foot of height of structure (i.e., a 100-foot tower would require a 100-foot setback from any property line which is residentially or agriculturally zoned). (H) Collocation requirements. All commercial towers erected, constructed or located within the City shall comply with the following requirements. (1) A proposal for a new commercial tower shall not be approved unless the applicant has provided proof that the proposed tower cannot be accommodated on an existing or approved tower or building within a one -mile search radius of the proposed tower due to one or more of the following reasons: A. The antenna would exceed the structural capacity of the existing or approved tower or building, as documented by a qualified and licensed professional engineer, and the existing or approved tower cannot be reinforced, modified or replaced to accommodate planned or equivalent equipment at a reasonable cost; B. The antenna would cause interference materially impacting the usability of other existing or planned antenna at the tower or building as documented by a qualified and licensed professional engineer, and the interference cannot be prevented at a reasonable cost; C. Existing or approved towers and building within the search radius cannot accommodate the planned antenna at a height necessary to function reasonably as documented by a qualified and licensed professional engineer; or D. Other unforeseen reasons that make it unfeasible to locate the planned antenna equipment upon an existing or approved tower or building. (2) Any proposed commercial tower shall be designed, structurally, electronically and in all respects, to accommodate both the applicant's antennas and comparable antennas for at least two additional users if the tower is over 100 feet in height or, for at least one additional user, if the tower is over 75 feet in height. Towers must be designed to allow for future rearrangement of antennas upon the tower and to accept antennas mounted at varying heights. (I) Structural and landscaping requirements. Proposed or modified towers and antennas shall meet the following design requirements: (1) Towers and antennas shall be designed to blend into the surrounding environment through the use of color and camouflaging architectural treatment, except in instances where the color or markings are dictated by federal or state authorities, such as the Federal Aviation Administration: (2) Commercial towers shall be of a monopole design unless the City determines that an alternative design would better blend into the surrounding environment. Towers must be self- supporting without the use of wires, cables, beams, or other means; (3) Landscaping plans for the base of the tower must be submitted with the application of the conditional use permit, or building permit, should a conditional use permit not be needed. These plans must be compatible with the surrounding character of the area and must be approved either by the City prior to the issuance of the conditional use permit or building permit; and Screening plans, as may be required by the City, and reviewed shall be inclusive of the following: A. When used, walls or fences must provide for full visual screening of accessory buildings or storage areas, as viewed from residential areas and state and county roads; B. The materials used for constructing the wall or fence shall be specified in the site plan and shall meet the requirements of this ordinance; C. Berms, if used, shall be constructed with a slope not to exceed 3:1 and shall be covered with sod or other landscape material sufficient to prevent erosion of the berm. D. Trees, hedges or other vegetative materials, when used, must provide at 75 percent (75%) screening capacity throughout the year. Such screening must also conform to all vegetative setback requirements of the Hutchinson Zoning Ordinance. (J) Construction Requirements. Proposed or modified towers and antennas shall meet the following construction requirements: (1) All antennae, towers, and accessory structures shall comply with all applicable provisions of this ordinance. (2) Towers shall be certified by a qualified and licensed professional engineer to conform to the current structural standards and wind loading requirements of the Minnesota State Building Code and Electronics Industry Association. (3) No part of any antenna or tower nor any lines, cable, equipment, wires, or braces in connection with either shall at any time extend across or over any part of the right-of-way, public street, highway, sidewalk, or property line. (4) Towers and associated antennae shall be designed to conform to accepted electrical engineering methods and practices and to comply with the provisions of the National Electrical Code. (5) All signed and remote control conductors of low energy extending substantially horizontally above the ground between a tower or antenna and a structure, or between towers, shall be at least eight (8') above the ground at all points, unless buried underground. (6) As applicable to its location, with final determination by the City, towers affixed to the ground shall include security fencing to discourage access by unauthorized persons. (7) Tower locations should provide the maximum amount of screening possible of off -site views of the facility. Existing on -site vegetation shall be preserved to the maximum extent practicable. The area around the base of the tower and any accessory structures shall be landscaped and/or screened. Applicants must maintain, in good and healthy condition, at all times, all landscaping attendant to the wireless telecommunications facility, including landscaping of the public right-of-way. Any dead or dying landscaping must be promptly replaced or rehabilitated. See Section I of this ordinance. (K) Resolution of Interference. The installation and operation of new antennas, towers, and associated facilities shall not cause harmful interference to pre-existing telecommunication system broadcast or reception, whether they be commercial or residential. Telecommunications providers shall, at their own expense, maintain any equipment in a safe condition, in good repair and in a manner so as not to conflict with the use of the surrounding premises. If within 60 days from the initial installation and operation of any new antenna system, the City receives notice of interference from an adjacent property, additional study and remedy may be required. The applicant shall be responsible for the expenses incurred in any independent validation of interference, provided, however, should the independent analysis conclude that the interference objections were valid; the applicant shall be responsible for any independent validation fees. If new facilities are found to cause impermissible interference, the applicant shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within 30 days, the applicant shall immediately cease operating its facility until the interference has been eliminated. (L) Tower Lighting. Towers shall be required to meet Federal Aviation Administration (FAA) and Federal Communications Commission (FCC) requirements and shall not be artificially lighted unless required by the Federal Aviation Administration to do so. If the tower does require artificial lighting, a letter stating this need and a description of the lighting shall be provided to the City prior to approval. The lighting, unless required by the FAA to be otherwise, must be diffused. (M) Lights and Other Attachments. No antenna or tower shall have affixed or attached to it in any way, except during time of repair or installation, any lights, reflectors, flashers, or other illuminating device, except as required by the Federal Aviation Administration (FAA) or the Federal Communications Commission (FCC), nor shall any tower have constructed on, or attached to, in any platform, catwalk, crow's next, or like structure, except during periods of construction or repair. (N) Accessory Utility Buildings. All utility buildings and structures accessory to a tower shall be architecturally designed to blend in with the surrounding environment and shall meet the minimum setback requirements of the zoning district in which the tower site is located. Ground mounted equipment shall be screened from view by suitable vegetation, except where a design of non -vegetative screening better reflects and complements the architectural character of the surrounding neighborhood. (0) Maintenance Requirements. (1) The yard area in front of the fences and walls shall be trimmed and maintained in a neat and attractive manner. (2) Repairs to damaged areas of walls or fences shall be made within thirty (30) days of sustaining said damage. (3) Areas left in a natural state and vegetative screening areas shall be properly maintained in a well -kept condition. (4) Diseased, dying, or dead vegetative screening elements shall be removed and then replaced, at a minimum, with healthy plants of the same size required when first planted. (P) Abandoned or Unused Towers and Antennas. Abandoned or unused towers or portions of towers shall be removed as follows: (1) All abandoned or unused towers and associated facilities shall be removed within six months of cessation of operations at the site unless a time extension is approved by the Planning Commission. In the event that a tower is not removed within six months of cessation of operations at a site, the tower and associated facilities may be removed by the City, and the costs of removal assessed against the property; or (2) Unused portions of towers above a manufactured connection shall be removed within six months of the time of antenna location. The replacement of portions of a tower previously removed requires the issuance of a new conditional use permit. (Q) Public Safety Telecommunication Interference. Commercial wireless telecommunications services shall not interfere with public safety telecommunications. Before the introduction of new service or changes in existing services, telecommunication providers shall notify the City at least ten days in advance of any changes and allow the City to monitor interference levels during the testing process. (R) Signs and Advertising. The use of any portion of a tower for signs, other than warning or equipment information signs, is prohibited. (S) Additional Submittal Requirements. In addition to information listed elsewhere in this section, conditional use permit applications for towers shall include the following supplemental information: (1) A report from a qualified and licensed professional engineer which: A. Describes the general tower height and design including a cross-section and elevation; B. Documents the height above grade for all potential mounting positions for collocated antennas and the minimum separation distances between antennas. This information can be general in scope, with specific documentation to be submitted with the building permit application; C. Describes the tower's capacity, including the number and type of antennas it can accommodate; D. Includes an engineer's stamp, registration number, and signature; and E. Additional information necessary to evaluate the request. (2) For all commercial towers, a letter of intent committing the tower owner and his or her successors to allow the shared use of the tower if an additional user agrees in writing to meet reasonable terms and conditions for shared use; (3) If the tower exceeds 200 feet, a letter of approval from the Federal Aviation Administration (FAA); (4) A letter from the FAA if artificial lighting is deemed necessary; and (5) Recommendation for approval by the Municipal Airport Commission. (T) Satellite Dishes. Satellite dishes greater than one meter in diameter shall be allowed only by a conditional use permit in all districts. Design plans shall include provisions for screening and shall be submitted with the conditional use permit application. (U) Small Wireless Facilities. (1) Small Wireless Facility Plan. A. Small Wireless Facility Submissions. The applicant shall submit a preliminary site plan to the City, for review and approval. The applicant shall also submit an application which shall include: (i) photographs or accurate renderings, including correct colors and exact dimensions, of each type of proposed small wireless facility; (ii) a statement signed by a professional engineer licensed in the State of Minnesota stating that the proposed facilities comply with all applicable Federal Communications Commission regulations, including, without limitation, regulations pertaining to the emission of radio frequency radiation; and (iii) such additional information as the planning director may reasonably require in order to determine whether the requirements of this section are met. The application and site plan for the Small Wireless Facility shall be approved only if the following minimum standards are met: The Small Wireless Facility may encompass multiple sites. 2. The Small Wireless Facility shall be substantially concealed from view by means of painting, tinting, or use of camouflage or stealth materials to match the surface of the building or other structure to which they are affixed or by other suitable methods, such as by flush -mounting or integration into the design elements of the building or structure. 3. Electrical power and battery backup cabinets shall, to the extent practicable, be roof -mounted or otherwise located so as not to be visible from a public street or, where not practicable as determined by the City, such equipment shall be appropriately screened by landscaping or other means minimizing visibility from a public street. 4. The placement of Small Wireless Facilities may be approved by the City, provided the antenna meets the requirements of this ordinance, and after submittal and approval of all permits, applications, fees and information identified in Section 4C of this ordinance. Small Wireless Facilities on a public structure or existing structures are allowed by conditional use permit in residentially zoned areas if thev are located on public or institutional rp operty allowed ; all disc-iets by r-eseittfien approved by the City, „t1 et4 , eendifienal „se refmit However, all antenna installations must comply with the requirements of this ordinance, and Chapter 90 when installed within the right- of-way. 5. At such time that the Small Wireless Facility ceases to be used for communications purposes for three (3) consecutive months, the applicant shall remove the Small Wireless Facility from the property. If the applicant fails to remove the Small Wireless Facility within 30 days of written notice from the zoning administr-ater-, the dir-eeter- of development and o Fmits or- designee-, 4if:ettgh his or her- own agents oo „le &e- City, the City shall be authorized to remove the Small Wireless Facility and assess all charges incurred in such removal on the applicant. 6. Small Wireless Facility installations are permitted uses in the following zoning oning districts; a) C-1, neighborhood convenience commercial district; b) C-2, automotive service commercial district: c) C-3, central commercial district; d) C-4, fringe commercial district, e) C-5, conditional commercial district, f) 1/C, industrial/commercial district, g) I-1, light industrial park district, h) I-2, heavy industrial district, and i) BP, business park district. 7. All Small Wireless Facility installations shall be allowed only by conditional use permit in the following _ zoning oning districts, a) GT, Gateway b) MXD, Mixed Use District 8. Special requirements based on whether Small Wireless Facility is affixed to a building or pole outside of the right-of-way: a) Building -mounted: 1). The Small Wireless Facility may be attached to any building that is at least twenty (20) feet in height as measured from the ground level; 2). When attached to such building, the Small Wireless Facility shall be affixed at least eighteen (18) feet in height as measured from the ground level. b) Pole -mounted: 1). The Small Wireless Facility shall be mounted on a pole that supports an athletic field, of parking lot light, street light ^r tili*. � 14w., or similar structure Such pole shall be at least fifteen (15) feet in height as measured from the ground level. Note: fiberglass poles, poles for traffic lights or traffic signal systems cannot be used and are prohibited for the mounting of any antennas or telecommunications equipment without first obtaining a right-of- way permit and collocation agreement from the City; 2). Height Restrictions. All Small Wireless Facility installations shall be in compliance with height restrictions applicable to poles and other structures in certain overlay zoning districts. In all other zoning areas, Small Wireless Facilities shall not be installed at a height exceeding 444-yfi� (3- 50) feet. 3). The Small Wireless Facility shall not protrude outward more than two (2) feet from the pole on which it is mounted; 4). There shall be no more than one (1) Small Wireless Facility per pole; 5). The antenna is located inside an enclosure of no more than six cubic feet in volume or could fit within such an enclosure. O+e diameter -or- „ath f the pole en whieh it ; mettated 6). Security - construction of a Small Wireless Facility on existing utility poles must be installed in a manner that will not allow the public to come into physical contact with the equipment or create injury. Equipment must be mounted securely and include electrical surge protection, safety cable connector locks, no sharp edges, or any other potential hazards. B. Placement of Small Wireless Facility in the Right -of -Way. Small Wireless Facilities in the right-of-wav shall comply with the process and standards in Chanter 90 of Hutchinson City • - �srrtsste�:�rze�:�s�:�s�•rrrnesscrsss� Y. i Y. ! MW .� 101 .� I MUMA. Im Mill IM U. ON Y. MOMMKIM MIN ♦ i ♦ Y. . ..... . . .. .. NOW. . .. . .. .. .. . . .. .. ... ... .. . .. .. .. ... . . . .. .. ... . .0.0 (V) EFFECTIVE DATE AND APPLICABILITY TO EXISTING FACILITIES. All Wireless Telecommunications Facilities existing on or before July 1, 2009, shall be allowed to continue as they presently exist, as legally permitted non -conforming uses. Such facilities shall be used or repaired without having to comply with the Ordinance. Any material modification, including changes that could result in interference, additional structural loading, or aesthetics of an existing Telecommunications Facility, will require review and permitting in compliance with this Ordinance. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication. This Ordinance was passed by the City Council of the City of Hutchinson on the _ day of _ 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 TITLE AND SUMMARY OF ORDINANCE NO. 18-0784 The following Ordinance is hereby published by title and summary: 1. Title of Ordinance: Telecommunications Ordinance An Ordinance to Amend Title 15, Chapter 154, Section 119 of the City of Hutchinson Code of Ordinances, Telecommunications Ordinance. 2. Summary of Ordinance: This ordinance amends Title 15, Chapter 154, Section 119 of the Hutchinson City Code, which sections sets forth uniform requirements for telecommunications in the chapter. This Chapter applies in the City of Hutchinson, Minnesota and to persons outside the City who are, by contract or agreement with the City, users of telecommunications in the City. Except as otherwise provided herein, the City Engineer shall administer, implement, and enforce the provisions of this Chapter. This Ordinance shall take effect upon publication in accordance with the Hutchinson City Charter. 3. Availability of Ordinance: A complete, printed copy of this Ordinance is available for inspection by any person during regular business hours in the office of the City Clerk, This Ordinance was passed by the City Council of the City of Hutchinson on the day of 2018. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor Date of Publication: month day, 2018 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Parks and Recreation Master Plan Department: PRCE LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Dolf Moon Agenda Item Type: Presenter: Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: One of the Councils strategic planning goals identified was to develop a Master Plan for the Parks and Recreation Department. The last Master Plan was written in 1979. A Parks and Recreation section was added to cities comprehensive plan in 2013. After soliciting and reviewing a proposal from the Hoisington Koegler Group Inc. Matt, Dan and myself are recommending entering into agreement with their firm. They are an Award winning firm that has provided Hutchinson several outstanding plans. These plans include the Downtown Revitalization Master Plan, Downtown Action Plan and the Wayfinding and Signage Master Plan their familiarity with Hutchison will be an asset in developing the plan. The Parks and Recreation Master Planning process will help guide park, facility, program and capital investment planning well into the future. I will be in attendance should you have specific questions. Thanks for your consideration. BOARD ACTION REQUESTED: Entering into agreement with HKGI to develop the Parks and Recreation Master Plan. Fiscal Impact: $ 56,220.00 Funding Source: Planning Funds FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: PROPOSAL FOR PROFESSIONAL PLANNING SERVICES PARKS, RECREATION AND COMMUNITY EDUCATION 2019-2029 STRATEGIC MASTER PLAN Prepared by Hoisington Koegler Group Inc. ®© June 5, 2018 ML H PARKS AND RECREATION SYSTEM PLAN CHANHASSEN, MINNESOTA _ xF ti , � r F i T nl� aim' � 1 9 M13June 5, 2018 3fi Dolf Moon, Director Hoisington Koegler Group Inc. Parks, Recreation and Community Education Department Landscape Architecture City of Hutchinson Planning 900 Harrington Street Urban Design Hutchinson, Minnesota 55350 123 N. 3rd Street, Suite 100 Re: Proposal for Planning Services for Parks, Recreation and Community Minneapolis, MN 55401 Education 2019-2029 Strategic Master Plan 612-338-0800 Dear Mr. Moon, We are pleased to submit this proposal to assist the City of Hutchinson in creating a new Parks, Recreation and Community Education 2019-2029 Strategic Master Plan that will guide the evolution of the City's system for the next ten to twenty years. We understand the role that parks, trails, recreation, and open space play in creating a desirable place to live, work and play, and we understand the many factors that go into creating and maintaining a high -quality, sustainable parks and recreation system. Hutchinson's location along the Crow River, west of the Twin Cities metro area, provides tremendous opportunities for attracting new residents and tourists to the community. The City is interested in planning for sustainable and fiscally COLLABORATE responsible future growth and development, while recognizing the value that parks and recreation investments have for local residents and property owners. LISTEN In addition, the City is interested in promoting the ecosystem benefits, quality EXPLORE of life, and health and wellness that parks and recreation facilities add to the CREATE community. In this proposal, we outline a process and work plan in which we will work closely with staff to engage the community, explore regional and national trends in recreation, analyze service gaps, and identify best practices in order to establish the best path forward for the community. We view the system planning process as a true collaborative effort. Our award -winning expertise in park, recreation, and trail planning; park financing; and community engagement; combined with the collective knowledge of city staff, Parks/Recreation/Community Education Board members, stakeholders and the community, will result in a sustainable and visionary plan that addresses Hutchinson's unique needs and opportunities. Our proposed process will challenge the community to think broadly about the future HKGi believes that design, when role of parks and will incorporate their ideas and input into a clear action plan for u the future of the system. Our proposal includes a comprehensive scope of work inspired by the character the people and will produce deliverables that will serve as a cost-effective guide to physical and the land, can create a unique and actions/improvements, connections, programs, facilities, operations and funding. identifiable sense of community. Please feel free to contact Gabrielle at 612-252-7141 or gabrielle@hkgi.com with questions, to discuss the system planning needs and process, or to authorize us to begin work on this project. We appreciate the opportunity to be considered for this exciting project, and we look forward to hearing from you. Sincerely, Gabrielle Grinde, PLA Bryan Harjes, PLA, LEED AP Project Manager Vice President HUTCHINSON, MINNESOTA AlL J, *MOT =1 I w PARKS AND RECREATION SYSTEM PLAN MAPLE GROVE, MINNESOTA Hoisington Koegler Group Inc. Since its establishment in 1982, Hoisington Koegler Group (HKGi) has helped communities create great places for people to live, work and play. HKGi's planners and landscape architects have built a strong understanding of the issues communities face as they seek to grow and evolve. This understanding has been built by working with city leaders, learning about the needs of their stakeholders, crafting strategies to help them seize opportunities and address challenges, and producing tools to help them build and sustain great places. Park and recreation planning has long been a core service at HKGi, and as recognition of the economic, environmental, and health benefits of well -designed parks, trails, and recreation systems grows, so too does our commitment to providing innovative service to our clients. Our planners and landscape architects bring a wealth of experience and knowledge about the programming, sustainability, community engagement, and operations issues that park and recreation planning projects must address. They also provide skilled project leadership, ensuring that projects stay on budget and on schedule. Our planning approach is defined by four core principles: COLLABORATE Community members, stakeholders, clients and consultants combine their creativity, passion, insight, and skill to build great places. LISTEN We use the ideas and knowledge provided by community members, stakeholders, and clients to develop plans and designs that help the community achieve its vision EXPLORE Our ability to explore potential opportunities and strategies with clients and communities allow the best solutions to emerge. CREATE We strive to create plans and designs that produce positive results for our clients, which allows us to achieve our goal: to create great places that enrich people's lives. Hoisington Koegler Group Inc. 123 North Third Street Suite 100 Minneapolis, Minnesota 55401 p: 612.338.0800 f: 612.338.6838 w: www.hkgi.com Est. 1982 Principals: » Paul Paige, PLA, President » Brad Scheib, AICP, Vice President » Bryan Harjes, PLA, LEED AP, Vice President Associates: » Jeff McMenimen, PLA » RitaTrapp,AICP Staff: » 7 Licensed Landscape Architects » 5 Certified Planners » 6 Planners/Urban Designers » 1 Communications Staff Planning Landscape Architecture Urban Design HUTCHINSON, VHNNESOTA Parks and Recreation System Plan Maple Grove, Minnesota Community Center Analysiscontinued.................................: OWhat We Heard (Community Survey results) Over 80% of survey respondents indicated that they use the Community Center, the hlgi-eet response for any park facility. When asked about which Irn prove rnentsoadditlons respondents would support through funding mechanisms a bend 4—ndurn 44 indicated greet support for upgrading the Community Center General Comments: • Concerns zCe.�pr d about horn busy and crowded the Community Center and its facilid-get, --rally during holidays and rueel:ends • Desirejorjacilit;es and acnoines}br yot ng children • H uidents are concerned about high cost off—ilid-and eq ui table a x for Maple Grove residents compared to other communities Potential Community Center Improvements &Additions n Expand space for senior center programs and Build outdoor covered, oper air market space activities (card club, speakers, etc.) n Remodel indoor playground with better ventilation and Expand indoor and outdoor swimming pools with more more opportunities for younger kids lap swim space, more swimming lesson availability, n Add fitness facilities, such as Indoor walking track and and more activities for older children outdoor exercise stations n Add outdoor refrigerated hockey rink v Add parking ramp HKGi is currently in the process of providing leadership and planning expertise to the City of Maple Grove and its Park and Recreation Board to create a parks and recreation system plan that establishes a strong, community -supported vision for the future. In the past ten years Maple Grove has built an impressive series of signature parks and park improvements that are considered among the best parks in the Twin Cities region. The current planning process will help the community understand how these signature parks fit into the community's "base" park system, which the community intends to complete within the next decade. This plan will also help the community understand demographic and recreational trends that will influence future systemwide improvements, expansions, investments, and redevelopment of park facilities. As part of the process HKGi is conducting a study of Maple Grove's Community Center in order to identify existing conditions, issues, needs, and collect feedback from community members on how they use the Community Center and what improvements they would like to see in the future. HKGi is using a variety of methods to collect input from stakeholders, and because Maple Grove is also home to several regional parks and trails, the Three Rivers Park District is also being involved in the process. Reference Chuck Stifter Parks and Recreation Director City of Maple Grove 763.494.6501 cstifter@maplegrovemn.gov PARKS, RECREATION AND COMMUNITY EDUCATION PLANNING PROPOSAL Parks and Recreation Master Plan Elk River, Minnesota i II w �h � A @ ' " Y i � r 0", y„< Ll h..",..: 4 °ate. -__-� ' 3 The Master Plan identified aneed for greater trail connections throughout Elk River .41 (map at left), and developed park concepts for expanding and improving several of the City's most successful parks (above). Elk River already offers excellent facilities for activities such as mountain biking and has access to outstanding rivers and lakes. The Master Plan will help the City maintain its high quality system. Elk River's motto is"Powered by Nature," and the community lives up to its motto by providing residents with ample access to outdoor activities. In addition to its 44 parks and recreation facilities and 1,000+ acres of parkland, Elk River enjoys access to the Great Northern and Mississippi River Trails as well as some of the best biathlon, Reference cross country skiing and mountain biking trails in the Twin Cities. Elk River is projected to triple in size from 1990 to 2035. To prepare for its growth Michael Hecker the City retained HKGi to lead a systemwide master planning process to ensure Parks and Recreation Director that it will continue to provide high -quality service to an evolving population. City of Elk River Because Elk River is well -positioned for the growth to come, the Master Plan stresses 763.635.1161 improvement of existing facilities and maintaining assets at a high level but does mhecker@elkrivermn.gov identify some systemwide needs. Greater connectivity to the Great Northern and Mississippi RiverTrails and better, safer connections across Highways 169 and 10 are high priority items. Expanding and improving access and recreational opportunities on the Elk and Mississippi Rivers and Lake Orono are also priorities. Other facility needs include a skate park, artificial turf fields, a signature baseball field, and strategies to improve universal accessibility. HKGi also developed a Public Art Plan that inventories Elk River's arts assets and establishes strategies to ensure that the arts remain a vital part of the city's identity and economy. HUTCHINSON, MINNESOTA 4 Parks and Recreation System Master Plan Chanhassen, Minnesota „waad PLAYGROUND REPLACEMENT March2017Draft tor iliY�f Advisory Committee Review +Pri�7kY T _ , ee v -.- _�_._�r-,.,_.._. O J C•. ,A ,., .fix • A�,k „a, oa c,m„ m rft • caNkc,m„ ra,k ' h COMMUNITY PARK ACCESS e... I M1ee0toeka � i sha,e,aaad . Seek oy,,, Ii phyg tlis d, t hesepa,at th, eann:ne,k -_-•• 2to5 year old playgrountlsthroughout the park . Use ma ntenance antl replacement � - schOAtoph, fo,phasetl,eplaoement BP` 1et - ofneghbo,hoo park fadltes(.a C playg, ,d spo,to ,ts shelters atc) '• LEGEND * r-rnsd °ramrwd C t ci°aka w � amiareaa erm° ., o., o aaWrere enm° vioto ria ' m. amareaa eras tot °aoo earp m mtm a . err u aces //x°n mnma can a°c,°°,°°o°m°, s�ac� aaa lea aaaoa� _ saakaaaa yy _. I P.1k .. er,a.- r as 1 prairie em •'' -- Eaen 0 0.25 0.5 oMileso or ,-__ HKGi recently led the community through its first systemwide planning process. The City has built an impressive system that exceeds national standards in several Reference key areas, but as the City enters its next phase of development, staff wanted to take a comprehensive look at their system and identify guidelines for growing and Todd Hoffman maintaining the system as the community continues to grow. Parks and Recreation Director HKGi's planning process included assessing current conditions within the system, City of Chanhassen including identifying levels of access to community and neighborhood parks, 952-227-1129 distribution of facilities, and gaps in the trail and open space system. The planning thoffman@ci.chanhassen.mn.us process also addressed the City's desire to establish a new set of guiding principles that will provide a framework for future decision -making and measuring the success of implementation initiatives. HKGi led an extensive and successful community engagement process that included two phases of input and involved several pop-up meetings at community events, stakeholder meetings with athletic associations and seniors, several online questionnaires, a community open house, and input collected through a highly interactive geo-based online mapping and comment tool. HKGi's planners worked with the City to analyze all of the input collected and use that information to develop a recommendations that include long-term Goals, Policies to guide decision -making, and Initiatives that detail actions and steps needed to implement the plan. 5 PARKS, RECREATION AND COMMUNITY EDUCATION PLANNING PROPOSAL tit rr " w� 4, 11 PARKS SYSTEM PLAN MAPLEWOOD, MINNESOTA ► 7,1 Bryan Harjes PLA,LEEDAP Vice President 1 612.252.7124 1 bryan@hkgi.com 6 Bryan will serve as Principal in Charge for the strategic planning process in Hutchinson. In this role he will provide leadership and oversight, ensuring that the community is able to explore and consider a wide range of issues and options and that the process remains on schedule and within budget. Because of Bryan's past �:., •$'4� `i , experience working with the City of Hutchinson, he has a strong understanding of the community's planning context and will provide critical insights and information to the planning process. Bryan's park planning portfolio includes providing design and planning leadership on a wide range of projects. He has conducted master planning for regional, Years of Experience: 19 community, and neighborhood parks; corridor -wide park, trail and open space Education planning; planning and site design for nature centers; and site design for a Master of Landscape Architecture variety of park improvement projects. His work on many of these projects has - University of Minnesota included exploring and identifying programming options. Highlights of his park Bachelor of Environmental Design planning and design work include a national water trail master plan and the Gate, University of Minnesota Wayfinding and Signage Plan in Duluth; Moore Lake Park Master Plan and the Springbrook Nature Center Master Plan and Site Design, both in Fridley; and the Registration Nokomis -Hiawatha Regional Park Master Plan in Minneapolis. Landscape Architect, Minnesota, Bryan's expertise and creativity will enable the planning process to fully address License No.42954 the City's needs and objectives and result in a master plan that inspires community Memberships/Affiliations support, enhances the system's sustainability and economic viability, and guides Urban Land Institute (ULI) future investments in Hutchinson's parks and recreation system. Sensible Land Use Coalition Minnesota Design Team Relevant Planning and Design Experience (Houston, MN) >> Lakewalk Strategic Plan I Duluth, MN Awards >> Western Trail and Bikeway Master Plan I Duluth, MN 2018 ASLA-MN Merit Award for >> Gate, Wayfinding and Signage Plan I Duluth, MN Planning and Urban Design - St. >> National Water Trail Master Plan I Duluth, MN Louis River Estuary National >> St. Louis River Corridor Neighborhood Parks I Duluth, MN Water Trail Master Plan - Duluth >> Moore Lake Park Master Plan I Fridley, MN 2016 AIA Minneapolis >> Springbrook Nature Center I Fridley, MN Preservation Award - Minnehaha >> Downtown & Levee Park Master Plan Hastings, MN Park Refectory Renovation, >> Downtown Revitalization Master Plan Hutchinson, MN Minneapolis >>Downtown Action Plan I Hutchinson, MN 2014 APA-MN Innovation in Planning Award and 2013 ASLA- >> Wayfinding and Signage Master Plan I Hutchinson, MN MN Merit Award for Analysis and >> Downtown Park Master Plan I Le Sueur, MN Planning - Great River Passage, >> Northeast Park Master Plan I Minneapolis, MN Saint Paul >> Minnehaha Park Refectory Site Plan - Sea Salt Minneapolis, MN Nokomis -Hiawatha Regional Park Master Plan Minneapolis, MN 54th Street Play Area Improvements I Minneapolis, MN Minnehaha Creek Corridor Master Plan I Minneapolis, MN Park Master Plans I Olmsted County, MN Graham Park Master Plan I Olmsted County, MN Great River Passage Master Plan I Saint Paul, MN Downtown Park Planning I Stillwater, MN PARKS, RECREATION AND COMMUNITY EDUCATION PLANNING PROPOSAL En 0 Years of Experience: 10 Education: Master of Landscape Architecture - University of Minnesota Port Cities Study Abroad: Lisbon, Barcelona, and Venice - University of Minnesota B.A. - Political Science, University of Wisconsin Registration: Landscape Architect, Minnesota License No. 50416 Memberships/Affiliations: American Society of Landscape Architects- Minnesota Chapter Awards: 2015 MN APA Planning in Context Award - Moorhead River Corridor Plan 2015 MN APA Innovation in Planning Award - Lanesboro Arts Campus Vision Plan 2015 MNDOT Stewardship Award in Transportation and the Natural Environment - River to River Greenway, Dakota County, MN 2015 ASLA-MN Merit Award for Analysis and Planning - Parks and Recreation Master Plan, Duluth, MN Gabrielle Grinde ASLA, PLA Landscape Architect 1 612.252.7141 1 gabrielle@hkgi.com Gabrielle will serve as Project Manager for Hutchinson's Parks, Recreation and Community Education Strategic Master Plan project. In this role she will be responsible for leading all phases of the planning process, including community engagement and communications and coordination with the City. Comprehensive community park, trail, recreation, and open space planning have been important components of Gabrielle's work, and she has built a growing portfolio of park and recreation system planning work, including serving as project manager for the Maple Grove Parks and Recreation System Plan, which is nearing completion. She was a key contributor to the award -winning Parks and Recreation Master Plan in Duluth, and she has also contributed to similar plans in Elk River, Chanhassen, Rochester, and Saint Paul. Gabrielle has also been an important contributor to helping Dakota County establish and develop its innovative greenway network, and she has served as project manager for several individual greenway master plans. Finally, Gabrielle has also lent her expertise to several community development projects involving nature education, public arts, and cultural heritage. She is an experienced community meeting facilitator with excellent listening and communication skills, and her graphic design skills enable her to create user friendly materials that communicate clearly with project stakeholders and community members. Park and Recreation Planning Experience Wargo Nature Center Master Plan Anoka County, MN Recreation and Parks Master Plan Brooklyn Park, MN Park and Recreation System Master Plan I Chanhassen, MN Greenway Master Plans (multiple greenways) I Dakota County, MN Greenway Collaborative Guidebook I Dakota County, MN Lake Byllesby Park Master Plan I Dakota County, MN Lakewalk Strategic Plan Duluth, MN Trail and Bikeway Plan Duluth, MN Park and Recreation System Master Plan I Duluth, MN St. Louis River Corridor Neighborhood Park Master Plans I Duluth, MN Woodland Trails Park Master Plan Elk River, MN Parks and Recreation Master Plan Elk River, MN Public Art Master Plan I Fargo, ND Glacial Edge Trail Master Plan I Fergus Falls, MN Byllesby and Nielsen Preserve Park Master Plans I Goodhue County, MN Munger Trail Spur Connector Plan I Hermantown, MN Lanesboro Arts Campus Master Plan I Lanesboro, MN Park and Recreation System Plan I Maple Grove, MN East and West Bank Interpretive Vision Plans I Minnesota Historical Society /Saint Anthony Falls Heritage Board Park Master Plans I Olmsted County, MN Parks and Recreation Master Plan I Rochester, MN HUTCHINSON, MINNESOTA 8 9 Years of Experience: 6 Education Master of Urban & Regional Planning - University of Minnesota Master of Landscape Architecture - University of Minnesota Port Cities Study Abroad - Amsterdam and Italy, University of Minnesota Department of Architecture Bachelor of Environmental Design - University of Minnesota Registration Landscape Architect, Minnesota, License No. 53837 Memberships/Affiliations American Society of Landscape Architects Awards 2018 ASLA-MN Merit Award for Planning and Design - St. Louis River Estuary National Water Trail Master Plan, Duluth 2015 MN APA Planning in Context Award - Red River Corridor Master Plan, Moorhead, MN 2015 MN DOT Stewardship Tim Solomonson PLA Landscape Architect 1 612.252.7137 1 tim@hkgi.com Tim will provide landscape architecture support to the project, which will include visual communications design, GIS mapping, report layout, and community engagement support. His work for HKGi has focused on 3D modeling & graphic renderings, site design, GIS mapping, construction documentation and administration, and support for community engagement initiatives. He has provided support on a wide variety of project types including land use and redevelopment plans, comprehensive plans, transit oriented development plans, and park and trail master plans. He has also provided landscape architecture technical services for site, streetscape, park and trail planning and design projects. Tim's park, trail and open space project portfolio includes the Andrews Park Master Plan in Champlin; Veteran's Park Master Plan and Design in Chaska, which is currently under construction; Robert Piram Regional Trail Design in Saint Paul; and the Red River Corridor Master Plan in Moorhead. Tim also provide design and construction administration services for downtown wayfinding signage in Hutchinson and is familiar with the community's planning context. Tim has worked and interacted with a diverse range of peoples and cultures, including service during Operations Iraqi Freedom and Enduring Freedom and participation in study abroad programs in college. His professional and academic interests include urban agriculture, wildlife conservation, park planning, natural resource management, historic preservation, and systems integration. Relevant Planning and Design Experience Andrews Park Master Plan I Champlin, MN Aquatic Invasive Species Best Management Practices - Lotus Lake, Lake Susan, & Lake Ann Deployment Plans I Chanhassen, MN Downtown Signage Guidelines and Wayfinding Plan Chaska, MN Veterans Park Design I Chaska, MN River to River Greenway Master Plan and Trail Design Dakota County, MN Lebanon Hills Park Master Plan I Dakota County, MN Mendota and Lake Marion Greenway Master Plans I Dakota County, MN St. Louis River National Water Trail Master Plan I Duluth, MN Morgan Park & Community Center Master Plan I Duluth, MN Gary New Duluth Park Master Plan I Duluth, MN Downtown Park Master Plans I Farmington, MN Downtown Wayfinding and Signage I Hutchinson, MN Stoney Point Park Master Plan I La Crescent, MN Holyoke Avenue Improvements Plan I Lakeville, MN Award in Transportation and the » Fern brook Fields Feasibility Study and Design I Maple Grove, MN Natural Environment -River to » Red River Corridor Master Plan I Moorhead, MN River Greenway, Dakota County, Robert Piram Regional Trail Design I Saint Paul and Dakota County, MN MN Trailhead Site Design I Zumbrota, MN PARKS, RECREATION AND COMMUNITY EDUCATION PLANNING PROPOSAL I 4 NOKOMIS-HIAWATHA REGIONAL PARK MASTER PLAN MINNEAPOLIS, MINNESOTA ' Y 1r,L 'll 44�-t lk- `, "srx _ ra �` � { '�� ,1 i�� e�P ,l � � F t fL ,►, � .. � +`tw w y rlp- s / 'k ' i �""'y�.� �.4 ,�.'.4, � �� i' �' A Y 7 � ^ 4� � .. •. +s * ��,, " �l. ��.'. , ,� � - � .dry ' _ tx low V. OF501 ° ��'. I a"d. •_ �I __„ f '�';,•r a-..��_ ��� r n1.1 ;1'4i x.�/ I 1 .r - r, n u ENGAGEMENT EXAMPLES " ,F M Online Interactive Input Proposed Planning Process & Scope of Services The following tasks represent our proposed planning process to complete the Parks, Recreation and Community Education 2019-2029 Strategic Master Plan (referred to as"Master Plan" in this proposal).This process is based on the RFP and a phone call with staff on May 22, 2018. We view this work plan as a starting point for arriving at a final scope consistent to meet the city's desired schedule and project outcomes. The following Meetings and Public Process Tasks are included in the phased project process outlined below. MEETINGS City Staff Meetings/Workshops (In Person) (5), including: - Kick Off Day and System Tour - Department and Community Mission Workshop City Staff Check -Ins (Conference Calls) (as needed) City Council Meeting (1) PUBLIC PROCESS TASKS Develop Public Participation Plan with staff Steering Committee Meetings (3) Stakeholder Interviews (1-2 days) Online questionnaires (2) Public Open Houses (2) Potential Social Pinpoint facilitation Website content Summarize community input results OPTIONAL TASKS Online Interactive Mapping Platform (Social Pinpoint) Create Parks and Facilities Maintenance and Replacement Schedule Task 1 - Mission, Culture, and Community Alignment (July -August 2018) The objective of this first task is to build the foundation for the system planning process. In this task, HKGi will set the project tasks and meetings schedule, review existing information sources, create base mapping needed to support the project, collaborate with city staff to develop the public process plan, and draft initial web content about the system planning process for the City's website. 1.1 Kick off Meeting and System Tour Vkick off day"will serve as a means of collecting information and building relationships between the consulting team and the City. The "kick off day"will include a tour of select, representative components of the system with city staff. The tour will allow the HKGi team to get acquainted with the Hutchinson park system, collect photos of key sites, and gain an understanding of the physical opportunities and challenges in the city. 1.2 Create Steering Committee, Public Participation Plan, and Stakeholder Groups We will work with staff to identify the members of a Steering Committee, which will meet 3-4 times throughout the process to provide direction and technical insight into the planning recommendations. The Public Participation Plan will identify specific methods (online surveys, in person interviews, and public events/open houses) and a schedule that will be used to gain input from city residents. The Stakeholder Groups might include athletic associations, arts groups, youth, seniors, and local community leaders. 1.3 Steering Committee Meeting #1 We will conduct the first Steering Committee Meeting to review the planning process and get initial input on issues and opportunities for the city's parks, recreation, and community education. 1.4 Department and Community Mission Workshop We will conduct a half day long workshop with city staff to address the following elements: Who we are —What are our best assets? What are missing opportunities? Where we are —Understanding our role in the region and locally Where we want to go —What is our vision for the future? How we will get there —What will it take to get there? At a high level, we will discuss the organizational, programmatic, and operational functions of the department to align decision -making. Out of this workshop, HKGi will produce a draft identity statement, mission statement, and vision statement for review and feedback by staff. 1.5 Conduct Stakeholder Interviews We will work with city staff to determine the appropriate stakeholder groups for interviews. It is envisioned that the stakeholder group interviews will take place over the course of one to two days, and each interview will last one to two hours. We will work with staff to determine who needs to attend each interview based on the project budget. 1.6 Develop "Shared Cultural Outcomes for a Diverse Community." This will be a component of the Master Plan document that contains a written narrative and precedent images to essentially serve as the Vision and Guiding Principles for the system. Task 2 - Inventory and Analysis (August -October 2018) This task will include the collection and analysis of base information, comparison of Hutchinson to peer communities, surveying the public, and analysis of trends. We will look at the data collected for the City's comprehensive plan and determine how it influences parks and recreation. We will conduct an evaluation of service and facility gaps and overlaps based on accessibility, usage, quality and connectedness. We will assess Hutchinson's system relative to peer community and national standards to help identify gaps and redundancies. We will review, audit, and synthesize key findings and directions from applicable background documents. This task will also focus on assessing community needs, opportunities, and priorities. Demographic analysis will evaluate how the community has changed, as well as Kick Off Day and System Tour — 1 day Steering Committee Meeting 41 Department and Community Mission Workshop — half day Stakeholder Interviews (In Person) — 1-2 days City Staff Check -In (Conference Calls) Kickoff day agenda and notes Public Participation Plan Steering Committee Meeting agenda and notes Department and Community Mission Workshop agenda, facilitation, and notes Draft identity statement, mission statement, and vision statement Stakeholder Group Interview notes and summaries of key issues and findings "Shared Cultural Outcomes for a Diverse Community" �o Community engagement activities are used to understand what stakeholders think about the parks and recreation system's future and how they use it today HUTCHINSON, MINNESOTA 12 TASK 2 MEETINGS project future impact of demographic and recreation trends. Sub -tasks include: Public Open House#1 2.1 Assemble background data City Staff Meeting (In Person) (1) Assemble GIS data for city owned parks and recreation facilities, including school- » City Staff Check -In (Conference Call) park shared sites. The City will provide GIS data, such as park boundaries, inventory Steering Committee Meeting 42 of athletic fields and facilities, park amenities, trails, and local transportation data. The City should also provide park and facility user data, maintenance schedule and TASK 2 DELIVERABLES: cost estimates, and other similar information, as available. Park Inventory (matrix of park facilities and locations throughout 2.2 System Analysis the system) Analyze and review park properties throughout the system. We will work with staff Inventory and Analysis maps to identify gaps and opportunities within the park system. We will map opportunity (identification of existing park sites, shared school -park sites, and priority areas of focus. properties and classifications, park 2.3 Peer Community Comparison and NRPA Metrics distribution and access, opportunity We will compare Hutchinson's system to NRPA Metrics for similar -sized communities sites, shared school -park sites, and and to local peer communities to get a sense of where there may be gaps in services. priority areas of focus) Issues, opportunities, and 2.4 Conduct Online Survey and Public Open House #1 constraints report (including Peer We will use Survey Monkey to create an online questionnaire to ask the public about Community Comparison, National park access, distribution, and other issues and opportunities. The Public Open House comparison, gaps in services) - this will be a two hour long open forum to display system maps, inventory and analysis report will serve as the front end of information, and draft goals for the parks, recreation, and community education the Master Plan document system. Meeting agendas and summaries 2.4 Optional Service - Social Pinpoint Website content Online Questionnaire- online In addition to the online survey, we could use Social Pinpoint, an online interactive facilitation and results mapping tool to get input from the public on physical issues and opportunities within Public Open House materials and the community. This online tool would include a map of the city, on which users have the results opportunity to add notes to the map, such as "I like it," "This area needs improvement," or Something's missing here."The comments on the map would provide more detailed, Optional Task Deliverable spatial input than the input received from survey. Potential Onlinelnteractivelnput (Social Pinpoint) facilitation 2.5 City Staff Meeting We will meet with city staff to review project products and check in on the project schedule and budget status. This meeting will likely take place on the same day as either the Public Open House or the Steering Committee Meeting #2. 2.6 Prepare Issues, Opportunities, and Constraints Report We will assemble the park inventory and analysis maps, summary of issues and opportunities, and public input results into a report which will serve as one section of the master plan document. 2.7 Steering Committee Meeting #2 We will review the draft inventory and analysis, draft goals and opportunity sites, and input we received at the open house with the Steering Committee. Task 3 - Vision Plan & System Recommendations (November 2018-February 2019) This task will build on the Draft identity, mission, and vision statements developed in Task 1, and the needs assessment and analysis conducted in Task 2. 13 PARKS, RECREATION AND COMMUNITY EDUCATION PLANNING PROPOSAL Following presentation to and feedback from the City Council on the vision and needs assessment, we will develop draft recommendations for the system. The system plan will be action oriented with specific recommendations and strategies to achieve the vision. The plan will address the system as a whole as well as individual parks and recreational facilities, open spaces, trails, recreation programming, adaptive recreation, operations, and maintenance. A final Steering Committee Meeting will be held to review the draft recommendations and get initial input on prioritization and ranking in order to determine an implementation timeline. 3.1 City Council Meeting Presentation and Update We will present the project vision and needs assessment to the City Council to update them on the project process and get feedback on the next steps. 3.2 Develop draft recommendations The Vision Plan will include the high level vision statement and guiding principles developed during Task 1.6 ("Shared Cultural Outcomes for a Diverse Community"), while the System Recommendations will include goals and objectives that will consider the following components: System -wide recreation opportunities for all ages System -wide inclusive play and adaptive recreation strategies Indoor recreational opportunities and partners Recommended park classifications and model plans (includes a list of recommended components for each park classification type) 1-2 Concept plan graphics for priority development or redevelopment parks Integration of green infrastructure and best practices throughout the system Recommended event types and spaces Recommended design standards for sustainable operations High level cost considerations for capital improvements Potential facility consolidation or expansion 3.3 Staff workshop We will meet with staff to review the draft recommendations and determine how to organize and present the information to the Steering Committee, public, and in the plan document. 3.4 Steering Committee Meeting #3 We will present the draft recommendations to the Steering Committee and get input on initial ranking and priorities. We will review the next steps with the Steering Committee and invite them to stay involved as the plan is finalized. Task 4- Develop Action Plan & Final Deliverables (March -April 2019) A second public open house will be held at the start of task 4 in order to gain input from residents on prioritization and ranking of the system recommendations. This input along with the Steering Committee input will inform the creation of the Action Plan.The Action Plan will translate the Vision Plan and System Recommendations into short term, mid term, and long term actions for the next ten years. A list of City Council Meeting City Staff Workshop Steering Committee Meeting Draft Vision Plan & System Recommendations Final Vision, Goals, Objectives, and Guiding Principles 1-2 Concept Plan graphics of priority development or redevelopment parks Meeting agendas and summaries Website content A detail from the system needs assessment graphic created for Elk River. HUTCHINSON, MINNESOTA 14 funding and acquisition practices and potential partners will be included. The draft Action Plan will be developed, reviewed by staff » Public Open House#2 » City Staff Meeting 4.1 Conduct Online Survey #2 and Public Open House #2 We will present the Draft Vision Plan and System Recommendations to the public via TASK 4 DELIVERABLES: an online survey and at a public open house. We will ask for feedback on ranking the » website content recommendations to inform the action plan and implementation timeline that will » Online Questionnaire- online go into the final master plan. facilitation and results » Public Open House materials and 4.2 Develop Action Plan and Implementation Strategies results The Action Plan will include a timeline of actions with associated Implementation » Draft Action Plan & Implementation Strategies or Tools, such as funding opportunities, potential partnerships, and Strategies planning tools, that can be referenced during implementation. Draft Master Plan document 4.3 Develop Draft Master Plan Document Final Master Plan document The Draft Master Plan document will be assembled and presented to staff for review. The Master Plan document will likely include the following sections, building off of previous tasks: The final plan report will include a variety of graphics to illustrate important topics, and an Implementation Checklist (below) can provide guidance for prioritization and decision -making. . Idea may co fmm Parka aI Fecmatim Commission, public, stakeholders, or staff . Complete pmlect proposal sh,,ld include:deacnpti,,ofpmlect. facilities affected, need, benefits, costs, funding sources, timefmme, permits n,,d,d, availability t, the public, antl deacnpt& of how R meets niters set tft in decision principle checklist » Introduction and System Overview (Who we are) » Park and Facility Inventory (Where we are) » Needs Assessment: Issues, opportunities, and constraints (What's missing) » Vision Plan & System Recommendations (Where we want to go) » Action Plan and Implementation Strategies (How we will get there) 4.4 Staff meeting to review Draft Master Plan We will meet with staff to discuss the plan content and edits. 4.5 Final Master Plan We will edit the Draft Master Plan and prepare the Final Master Plan document. Optional Additional Service -Create a Maintenance and Replacement Schedule for Parks and Facilities We would work with parks and recreation operations and maintenance staff to create an Excel Database tool that inventories all parks and recreation amenities and facilities, identifies life span, and approximates replacement costs. The City would need to provide base data, and HKGi would assemble the tool and add capital and replacement costs based on previous work for other cities and agencies. This tool could be created concurrently with the Master Plan. Proposed Schedule The project schedule outlined on the following page includes annotations for meetings with staff, City Council, stakeholders and community meetings and open houses. If selected for this project, HKGi will work with the City to develop a detailed community engagement plan, including establishing preliminary meeting dates. 15 PA�;S, -vN;' _u oIo,, iTY EDUCATION PLANNING PROPOSAL TASK 1: Mission, Culture, and Community Alignment JUL'18 AUG SEP OCT NOV DEC JAN'l 9 FEB MAR APR 1.1 Kick -Off Meeting and System Tour 1.2 Create Public Participation Plan 1.3 Steering Committee Meeting #1 1.4 Department and Community Mission Workshop 1.5 Conduct Stakeholder Interviews 1.6 Develop Shared Cultural Outcomes 2: Inventory and Analysis 2.1 Assemble Background Data 2.2 System Analysis 2.3 Peer Community and NRPA Metrics Comparisons 2.4 Online Survey and Public Open House #1 2.5 City Staff Meeting 2.6 Prepare Issues, Opportunities and Constraints Report 2.7 Steering Committee Meeting #2 3: Vision Plan and System Recommendations 3.1 City Council Meeting 3.2 Develop Draft Recommendations 3.3 Staff Workshop 3.4 Steering Committee Meeting #3 4: Develop Action Plan & Final Deliverables 4.1 Online Survey #2 and Public Open House #2 4.2 Develop Action Plan and Implementation Strategies 4.3 Develop Draft Master Plan 4.4 Staff Meeting 4.5 Develop Final Master Plan Meeting Key City Staff Meeting (5 total) . f Online Input/Public Open House Timeframe (2 total) Steering Committee Meeting (3 total) „ City Council Meeting (1 total) Stakeholder Interview (1 total) Indicates task is part of community engagement plan -- TC V ;OV 'v1 VV_ ;OTa 16 lip 7 GREENWAY NETWORK MASTER PLANS DAKOTA COUNTY, MINNESOTA F �6 k'- od ALI e; k A .3 L Vt. 5 J- ;A,7 of ME r I J %: t6 X- Not -To -Exceed Fee Proposal The proposed Not -to -Exceed fee below is based on the work scope presented on the previous pages and was computed using the hourly rate schedule included below. If selected for this project, HKGi will work with the City to refine the work scope, if necessary, to ensure that the project fulfills the needs and objectives of the client. Revisions to the work plan may require adjustments to the fee proposal below. TASK 1.0 TASK DESCRIPTION Mission, Culture, and Community Alignment HOURS 122 FEE $ 12,050 2.0 Inventory and Analysis 150 $ 12,070 Optional Service -Social Pinpoint 32 $ 2,560 3.0 Vision Plan & System Recommendations 106 $ 9,630 4.0 Develop Action Plan & Final Deliverables 176 $ 14,800 Optional Service - Maintenance and Replacement Schedule 42 $ 3,570 Subtotal without Optional Services 552 $ 48,550 Subtotal with Optional Services 628 $ 54,620 Reimbursable Expenses $ 1,600 Total Not -to -Exceed Fee without Optional Services $ 50,150 Total with Optional Services $ 56,220 Hourly Rates and Expense Reimbursement Rates Principal $170-225/Hr Associate $115-165/Hr Sr. Professional $90-165/Hr Professional II Professional 1 $. Technical $40-65/Hi Secretarial $60/Hr Litigation Services $200/Hr Testimony $285/Hr Incidental Expenses Mileage current Federal rate/mile Photocopying BW $.15/page Photocopying Color $1 /page Outside Printing Actual Cost Large Format Scanning Actual Cost B/W Bond Plots $5 each Color Bond Plots $20 each Color Photo Paper Plots $40 each Creating PLACES that enrich PEOPLES lives mo Ime HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Setting Council Special Meeting for July 2, 2018, to Award Century Ave Project Department: PW/Engineering LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: At this point, City staff anticipates having the Century Avenue SE Reconstruction project construction bids approved by MnDOT's Federal Aid office and ready for potential award to the low bidder by Monday, July 2nd. Thus, please consider setting a special City Council meeting to address this matter during that afternoon or evening. Please note that this effort will most likely allow the project contractor to start work a week earlier, so they can more comfortably address construction phase 1 (westerly end of the project) prior to Ridgewater College starting their fall semester on Monday, August 27th. BOARD ACTION REQUESTED: Setting Special City Council Meeting Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Liquor License Violation - Sonora's Mexican Restaurant Department: Administration LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: On March 21, 2017, Hutchinson Police Services conducted a liquor compliance check at Sonora's Mexican Restaurant located at 15 2nd Avenue SW. The owner of Sonora's Mexican Restaurant, Juan Perez, illegally sold alcohol to one underage person. Mr. Perez was subsequently charged with a criminal offense and pled guilty. The time for appealing that criminal charge has since elapsed and penalties on Sonora's liquor license can now be considered if the Council so desires. When the Council has considered liquor violations in the past, the Mayor has appointed a two or three person subcommittee of the Council to conduct a hearing if the violator requests a hearing. Sonora's has requested such a hearing. At this time, I am requesting that a subcommittee be formed and a date set for the liquor license violation hearing. I will provide you background information regarding the violation prior to the hearing date. BOARD ACTION REQUESTED: Set liquor license violation hearing for Sonora's Mexican Restaurant 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: HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Liquor License Violation - Tokyo Grill Department: Administration LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: On March 21, 2017, Hutchinson Police Services conducted alcohol and tobacco compliance checks on businesses licensed in the City. One of the establishments that Hutchinson Police Services checked was Tokyo Grill. The employee at Tokyo Grill failed the compliance check. The employee that was involved was charged with illegally providing alcohol to a minor and pled guilty to the offense. The criminal case has now been completed and any time for an appeal has elapsed. Our office contacted Tokyo Grill last month regarding their right to have a hearing before the City Council or their ability to waive their hearing rights. Tokyo Grill has indicated that they are waiving their right to a hearing. This appears to be the first liquor license violation for Tokyo Grill. Please find enclosed the section of the City Code pertaining to liquor license procedures. Under the ordinance, the penalties that the City Council can impose on a license holder are: • A civil penalty of up to $5000 • A suspension of the license for a period of time as the Council sees fit • A revocation of the license The Council has also required license holders to conduct employee training, install identification readers, etc. Based on previous sanctions imposed on first-time liquor license violators, staff is recommending that the following be imposed upon Tokyo Grill: - Pay a $500 fine - Conduct mandatory training to all employees on liquor license laws and provide proof of training to City administration by July 31, 2018 - Purchase age -identification device and provide proof of purchase to City administration by July 31, 2018 BOARD ACTION REQUESTED: Approve recommended sanctions for Tokyo Grill liquor license violation 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: Hutchinson, MN Code of Ordinances § 112.016 LICENSE PROCEDURES. (A) Hearing. Prior to granting an initial liquor license, a public hearing shall be held by the Council after notice by at least one publication in the official newspaper at least ten days prior to the hearing. Opportunity shall be given any person to be heard for or against granting the license. After the hearing, the Council may, in its discretion, grant or refuse the license. A public hearing may be held, but is not required, on renewal of liquor licenses and other licenses under this chapter. (B) Granting. The Council may approve any application for the period of the remainder of the then current license year or for the entire ensuing license year. All applications including proposed license periods must be consistent with this chapter. Prior to consideration of any application for a license, the applicant shall pay the license fee and, if applicable, pay the investigation fee. Upon rejection of any application for a license, or upon withdrawal of an application before consideration by the Council, the license fee shall be refunded to the applicant. Failure to pay any portion of a fee when due shall be cause for revocation. (C) Issuing. If an application is approved, the City Administrator shall forthwith issue a license pursuant thereto in the form prescribed by the city or the Commissioner, as the case may be, and upon payment of the license fee. All licenses shall be on a calendar year basis unless otherwise specified herein. For licenses issued and which are to become effective other than on the first day of the licensed year, the fee to be paid with the application shall be a pro rata share of the annual license fee. Licenses shall be valid only at one location and on the premises therein described. (D) Transfer. The license granted under this chapter is for the person and the premises named on the approved license application. No transfer of a license shall be permitted from place to place or from person to person without complying with the requirements of an original application, except in the case in which an existing non -corporate licensee is incorporating and the incorporation does not affect the ownership, control or interest of the existing licensed establishment. An establishment licensed under this chapter shall immediately notify the city of the sale or transfer of the establishment. The City Council, in its discretion, may execute a management agreement which covers the period of time between the sale or transfer of the business and the issuance of the new owner's license and this management agreement shall thus control of all intoxicating liquor sales in the existing licensee or a manager responsible to the existing licensee. The agreement shall be approved by the City Council. (E) Refusal and termination. The Council may, in its sole discretion and for any reasonable cause, refuse to grant any application including any application to renew a liquor license or any other license under this chapter. Licenses shall terminate only by expiration, American Legal Publishing Corporation 1 revocation or refund under the circumstances provided for herein (F) Public interest. No license under this chapter may be issued, transferred or renewed if the results of any investigation show, to the satisfaction of the Council, that the issuance, transfer or renewal would not be in the public interest. (G) Revocation or suspension. The Council may revoke or suspend, for a period of time it deems proper, a license granted under the provisions of this chapter, or impose a civil fine not to exceed $5,000 for each violation on a finding that the licensee has failed to comply with a statute, regulation or provision of this code of ordinances relating to alcoholic beverages. Upon conviction of any licensee or agent or employee of a licensee for violating any law relating to the sale or possession of 3.2% malt liquor, wine or liquor upon premises of the licensee, a license granted under the provisions of this chapter may be suspended or revoked. License revocation shall be immediate if mandated by statute. No suspension or revocation shall take effect until the licensee has been afforded an opportunity for a hearing before the Council, a committee of the Council, or a hearing under the Administrative Procedures Act, being M.S. §§ 14.001 to 14.69, as they may be amended from time to time, as may be determined by the Council in action calling the hearing. The hearing shall be called by the Council upon written notice to the licensee served in person or by certified mail not less than 15, nor more than 30, days prior to the hearing date, stating the time, place and purpose thereof. As additional restrictions or regulations on licensees under this chapter, and in addition to grounds for revocation or suspension stated in this code or statute, the following shall also be grounds for this action: (1) The licensee suffered or permitted illegal acts upon licensed premises unrelated to the sale of 3.2% malt liquor, wine or intoxicating liquor; (2) The licensee had knowledge of illegal acts upon licensed premises, but failed to report the same to police; (3) The licensee failed or refused to cooperate fully with police in investigating alleged illegal acts upon licensed premises; or (4) The activities of the licensee created a serious danger to public health, safety or welfare. (H) Corporate applicants and licensees. A corporate applicant, at the time of application, shall furnish the city with a list of all persons who have an interest in the corporation and the extent of that interest. The list shall name all shareholders and show the number of shares held by each, either individually or beneficially for others. It is the duty of each corporate licensee to notify the City Administrator in writing of any change in legal ownership or beneficial interest in the corporation or in its shares, Any change in the ownership or beneficial interest in the shares entitled to be voted at a meeting of the shareholders of corporate licensee, which results in the change of voting control of the corporation by the persons owning the shares therein, shall be deemed equivalent to a transfer of the license issued to the corporation, and any license shall be revoked 30 days after this type of change in ownership or beneficial interest of shares unless the Council has been notified of the change in writing and has approved it by appropriate action. The Council, or any officer of the city designated by it, may at any reasonable time examine the stock transfer records and minute books of any corporate licensee in order to verify and identify the shareholders, and the Council or its designated officer may examine the business records of any other licensee to the extent necessary to disclose the interest which persons other than the licensee have in the licensed business. The Council may revoke any license issued upon its determination that a change of ownership of shares in a corporate licensee or any change of ownership of any interest in the business of any other licensee has actually resulted in the change of control of the licensed business so as materially to affect the integrity and character of its management and its operation, but no such action shall be taken until after a hearing by the Council on notice to the licensee. (2004 Code, § 112.016) (Ord, 95-144, passed 4-25-1995; Ord. 98-217, passed 2-10-1998; Ord. 00-280, passed 7-25-2000; Ord. 04-384, passed 7-27-2004) Penalty, see § 10.99 HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Approve/Deny Airport Project items - 2018 AIP 8-Unit T-Hangar Construction Department: PW/Engineering LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Bolton-Menk, Inc. was engaged to develop design plans for construction an 8-unit T-Hangar at the Airport. Plans and specifications were developed and the bids were received April 6, 2018. Bidding was split into two schedules; Schedule 1 = Site preparation, foundation; and Schedule 2 = Hangar construction. Kraemer Trucking & Excavating, Inc., was the low bid, and project costs below reflect actual bid amounts. In June, Airport Commissioners reviewed the project and indicated the best option would be to do the project, provided pavement maintenance, specifically seal coating the runway, could be accounted for. Their priority was to maintain the excellent condition of existing infrastructure. On May 24, staff met to review funding for the project, as well as pavement maintenance. Project costs: Federal funds: State funds: Site prep, foundation 409,238.25 AIP fund balance 237,572.00 Grant share 45,949.39 Hangar construction 393,028.00 Le Seuer payback 50,000.00 Design engineering 74,998.00 Dodge Center payback 51,000.00 Const. engineering 54,553.00 Tracy allocation 150.000.00 City admin costs 1,000.00 Winsted allocation 276,517.00 Sauk Centre alloc. 62,000.00 Total Project Costs 932,817.25 Total Federal funds 827,089.00 Total State funds 45,949.39 Local Match required for project: $59,768.86 Amount funded by Airport Construction Fund: $31,000 Amount funded by Capital Projects Fund: $28,768.86 Seal coating the runway will cost about $85,000.00. Currently State maintenance grants are 70% MnDOT, 30% Local, so local costs would be $25,500.00, which could be taken from Infrastructure Maintenance funds. Both projects were presented to the Resource Allocation Committee, with a recommendation to proceed. BOARD ACTION REQUESTED: Approve Resolution No. 14902 authorizing Mayor Forcier and City Administrator Jaunich as signatories to execute necessary Federal and State documents relative to the 2018 AIP 8-Unit T-Hangar Construction project. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 932,817.25 Total City Cost: $ 59,778.26 Funding Source: Airport Const Fund & Capital Projects Fund Remaining Cost: $ 873,038.99 Funding Source: FAA & MnDOT grants City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234-4219 Fax (320) 234-6971 June 12, 2018 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager CC: Airport Commission members; Matt Jaunich, City Administrator; Kent Exner, DPW/City Engineer Subject: 2018 Airport Improvement Project 8-Unit T-Hangar Construction Even before the rehabilitation of the runway, taxiway and apron in 2014/2015, the Airport Commission expressed desire to construct another public T-hangar at the airport. Besides bringing additional aircraft and business to the airport, the hangar would be a source of stable revenues to cover ongoing airport operations and maintenance costs. Since 2012, the Airport Commission has met its goal of breaking even in airport operations. No property tax revenue has been used to support airport operations in the period 2012-2017. Pavement maintenance projects undertaken in 2016 and 2017 have met all needs identified in MnDOT's pavement management inspection report. With all pavement needs being currently met, the airport is in the rare position to utilize FAA funding for revenue -producing projects. In addition, MnDOT has made the commitment to match FAA funding at 5% with their own funding, which further reduces the amount of local match required to complete projects. Furthermore, it is feasible to accomplish the goal laid out by the Airport Commission of keeping the runway in excellent condition by undertaking a seal coat project in the near future. The required City match for an upcoming seal coat project could come from Infrastructure Maintenance funds. The anticipated cost of a seal coat on the runway would be approximately $85,000. Funding would include 70% from the State grant of $59,500 and $20,500 from Infrastructure Maintenance funds. Proiect Cost for T-Han2ar Construction Schedule 1: 409,238.25 Actual bid for site preparation, foundation construction Schedule 2: 393,028.00 Actual bid for 8-unit T-Hangar construction Engineering: 129,551.00 Includes Engineering to -date and Work Order #3 Administration (City): 1,000.00 Misc. advertising, etc. TOTAL PROJECT COST: 932,817.25 Fundine the T-Hanear Construction Proiect AIP Fund balance 237,572.00 LeSueur payback 50,000.00 Dodge Center payback 51,000.00 Tracy allocation 150,000.00 Winsted allocation 276,517.00 Sauk Centre allocation 62,000.00 FAA allocates $150,000 per year to $450,000 maximum. Previously allocatd to LeSueur Previously allocatd to Dodge Center Allocation from Tracy to Hutchinson Allocation from Winsted to Hutchinson Allocation from Sauk Centre to Hutchinson Total Federal funds available: 827,089.00 State funds available : 45,949.40 State project to match funding on Federaal projects Local funds needed: 59,778.85 Airport construction funds: 31,000.00 Available through 12/31/18 Other City funding: 28,778.85 Andy Reid will ID actual funding source Pavement maintenance fundin Project costs estimate: 85,000.00 Prices could be lower, if we are able to coord. w/ MnDOT pavement markings schedule. State funds available: 59,500.00 70% maintenance grant Local funds needed: 25,500.00 Infrastructure maintenance funds RESOLUTION NO. 14902 AUTHORIZATION TO EXECUTE FEDERAL AVIATION ADMINISTRATION AND MINNESOTA DEPARTMENT OF TRANSPORTATION DOCUMENTS ON BEHALF OFTHE CITY OF HUTCHINSON FOR THE 2018 T-HANGAR CONSTRUCTION PROJECT (LETTING NO. 15/PROJECT NO. 18-15) It is resolved by the City Council of the City of Hutchinson as follows: 1. That the bid received from Kraemer Excavating & Trucking, Inc. was the low bid and that a contract with Kraemer Excavating & Trucking, Inc. be approved, as provided for in federal and/or state grants. 2. Work Order 92 with Bolton-Menk, Inc., 2018 T-Hangar Construction (Design/Bid), be approved in the amount of $74,998. 3. Work Order 93 with Bolton-Menk, Inc., 2018 T-Hangar Construction (Construction Administration), be approved in the amount of $54,553. 4. Grant documents initiated by the Federal Aviation Administration (FAA) and the Minnesota Department of Transportation, Office of Aeronautics (MnDOT) be approved and signed as provided for below. 5. That any other documentation or amendments from FAA or MnDOT required as part of the grant, during construction of the project, or prior to closing the grant out be approved and signed as provided for below. The Mayor and City Administrator are authorized to sign necessary documents and agreements related to 2018 T-Hangar Construction Project (Letting No. 15; Project No. 18-15) and any amendments thereto on behalf of the City of Hutchinson. Adopted by the City Council of the City of Hutchinson on this 12t' day of June, 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich TON O & MLENK Real People. Real Solutions. October 9, 2017 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adams Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport — Butler Field (HCD) 2018 T-Hangar Construction BM Work Order No.2 Proposal for Professional Services Dear Mr. Olson, 7533 Sunwood Drive NW Suite 206- Ramsey, MN 55303-5119 Ph: 17631 433-2851 Fax: N31 427-D833 6atton-Menk.ccm Bolton & Menk is pleased to submit our proposal for Design and Bid Administration services for the construction of an 8-Unit T-Hangar at the Hutchinson Municipal Airport. This is Work Order No.2 to the Professional Services Contract between the City and Bolton & Menk, Inc. with contract effective date of April 11, 2017. Our understanding of the project is the City desires to construct an 8-Unit T-Hangar southwest of the existing T-Hangar on the northern end of the Apron. The T-Hangar will be designed to meet the following minimum standards: • Pre -engineering metal building. • Concrete slab and foundations. • Bi-fold doors. • 14' door opening clearance. • Light emitting diode (LED) ceiling lights. • Electrical receptacles. • Embedded 4' pedestrian door. • Truss roof with gutter system. The dimensions of each T-Hangar unit will be finalized upon completion of a pre -design meeting with the City. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx 1 of 6 ., . H.,�Civriky dlndl'�Y2f The T-Hangar will be designed for cold storage. If the Sponsor desires to install liner panels with wall insulation, this can be completed as an Alternate Bid Schedule. A Bituminous Apron will be also constructed to tie into the existing pavement southwest of the existing T-Hangar. The project will be let for bids in early 2018. The project will include multiple bid schedules to maximize the available Federal funding. Funding shall be combination of Federal, State, and Local funds. The anticipated funding participation rates are 90% Federal, 5% State, and 5% Local. Construction Administration services will be completed via a separate Work Order. SCOPE OF SERVICES: TASK 1: DESIGN & BID ADMINISTRATION 1.1 Project Scoping Consultant shall confer with the Sponsor on, and ascertain, project requirements, finances, schedules, and other pertinent matters affecting the project and shall arrive at a mutual understanding of the scope of services. Consultant shall coordinate with the Sponsor, FAA, State, subconsultants, and other applicable agencies to complete the work elements in Task 1. One (1) preliminary design meeting will be conducted with the Sponsor to review project requirements. This meeting shall include the Sponsor, Consultant, and Architectural Subconsultant. 1.2 Topographical Survey Consultant shall verify existing survey data completed in 2015. It is anticipated survey field work will require one trip to the Airport by a one -person survey crew. Consultant shall convert survey date to a CAD format for use in design. 1.3 Geotechnical Investigation Consultant shall determine the type and frequency of geotechnical testing required for the project. Field work will be performed by a qualified geotechnical subconsultant. The geotechnical investigation will include the following: • Three (3) soil borings to a depth of 15-feet. • Three (3) subgrade soil gradations. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx EalLo« & Melt 45 1'� i 2 of 6 • Three (3) sieve/hydrometer tests. Geotechnical subconsultant shall submit a report summarizing existing soil conditions, soil impacts to structure design, footing design, subgrade modulus for slab design, and vapor barrier recommendations. 1.4 Construction Safety and Phasing Plan (CSPP) Consultant shall complete FAA Form 7460-1 and the Construction Safety and Phasing Plan (CSPP), through the FAA's Obstruction Evaluation / Airport Airspace Analysis (OE/AAA) website portal. The 7460 form and the CSPP will be prepared according to current FAA guidelines. 1.5 Prepare Modification of Airport Design Standards Consultant shall complete the FAA Dakota -Minnesota Region's Modification of Airport Design Standards to allow the use of MNDOT Specifications for certain construction bid items. The request will be submitted to the FAA prior to completing Preliminary Design services for review and approval. 1.6 Prepare Preliminary Plans, Specifications, and Cost Estimate Consultant will prepare preliminary plans. The plan sheets will be limited to those sheets necessary to carry out the construction of the proposed project. Consultant shall assemble the technical specifications necessary for the intended work. Standard FAA and MNDOT Specifications will be utilized where possible. Additional specifications will be prepared to address work items or materials that are not covered by FAA or MNDOT Specifications. Architectural services shall be completed by IS Group from Mankato, MN. Services shall include architectural, structural, mechanical, and electrical engineering. Construction specifications shall meet all applicable local, state, and national building code requirements. Consultant shall prepare preliminary construction cost estimate. 1.7 Final Plans, Specifications, and Cost Estimate Consultant shall submit 90% plans, specifications, and cost estimate to the Sponsor for review. One (1) in person design review meeting will be held to review the bidding documents and discuss Sponsor comments. The final set of plans, specifications, and cost estimate will be prepared which incorporates revisions, modifications, and corrections determined during the Sponsor review meeting. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx EalLo«& Mel,p 461,� 3of6 1.8 Prepare Disadvantaged Business Plan (DBE) Since the project is anticipated to use Federal funds in excess of $250,000, the bi-annual Disadvantaged Business Enterprise goal for the Airport will be updated to reflect the current project. This task includes research of the current state highway certified DBE listings and are contractors to determine the availability of potential DBE contractors, preparation of preliminary construction estimates, and identification of potential DBE work items. The DBE work goal sheets will be finalized for the Sponsor submittal to the FAA Civil Rights Office. 1.9 Prepare Advertisement for Bids Required advertisement and bidding dates will be established. Consultant shall submit a copy to the Sponsor for distribution to local and selected publications of the project. The Sponsor shall pay for the associated cost of advertising. 1.10 Furnish Bid Documents Consultant shall prepare, reproduce, and distribute 10 sets of bidding documents for the project. In addition, electronic copies of the bidding documents will be made available for download through the Quest Construction Document Network website (QuestCDN). The Consultant shall keep a current list of plan holders and distribute this to interested parties upon request. This task also includes coordination required to facilitate these requests. 1.11 Respond to Bidders Questions During the bidding process, Consultant will be available to clarify bidding issues with contractors and suppliers, and for consultation with various entities associated with the project. This item also includes contacting bidders to generate interest in the project. 1.12 Prepare and Distribute Addendums Consultant shall issue addenda as appropriate to interpret, clarify, or change the bidding documents as required by the Sponsor, FAA, or the State. Addenda will be made available to the plan holders either though mail, electronic mail, hand delivering, or via facsimile transmission. 1.13 Pre -Bid Meeting and Bid Opening No pre -bid meeting will be scheduled for this project. Consultant shall attend the bid opening and assist the City with the bid opening process. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx 4of6 Bolton 6 Me11M i6 aiL equal opperavnity emnlayer 1.14 Bid Review and Bid Tabulation Consultant shall advise the Sponsor as to the acceptability of any subcontractors, suppliers, and other persons and organizations proposed by the bidders and as to the acceptability of substitute materials and equipment proposed by bidders. Consultant shall prepare a spreadsheet that includes all bid items for the purpose of evaluating the lowest bidder. Consultant shall input the as -bid unit prices into the spreadsheet to verify mathematical computations of the bids. 1.15 Prepare Recommendation for Awards Consultant shall prepare a recommendation of award for the Sponsor to accept or reject the bids as submitted. If rejection is recommended, Consultant shall supply an explanation for their recommendation and possible alternative actions the Sponsors can pursue to complete the project. Once the Contract Award is made, Consultant shall distribute the bid tabulations on the request of the Sponsor. 1.16 Prepare Grant Application Consultant shall prepare the Federal Grant Application after project design has been completed and the bids are accepted. Consultant shall submit the Grant Application to the Sponsor for approval and signatures. After obtaining the necessary signatures, Consultant will submit copies to the FAA and State for further processing. COMPENSATION: The services described above in this proposal shall be completed on an LUMP SUM NOT TO EXCEED basis of $ 74,998. SCHEDULE: We anticipate the work can be performed to the following schedule: • Design: November, 2017 — February, 2018 • Bid Letting: March, 2018 • Construction: September 2018 —July, 2019 (Contingent upon Federal Grant) Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our clients' needs. If you find this proposal acceptable, please return to me a signed and dated copy of this document. H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx Bolton 6 MellM i6 aiL equal opPeravnity e+nrilayer 5 of 6 Sincerely, Bolton & Menk, Inc. r Silas Parmar, P.E. Project Manager Enclosures: • Fee Analysis • Project Sketch ************************************************************************************* I hereby accept the terms defined in this letter proposal. Mr. Gary Forcier Mayor Mr. Matt Jaunich City Administrator H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx Date Date 6 of 6 Elol Loft & Menu is ai, cuual odperavnity einrrlaye+ i a Y 01 O G W a W a E U 2 0 w N LL Z w � O o5z2 Z m N Y H N Z O H co Z_ _ ¢ z O Z a ¢ t G O�=Oa Nz<mo W M (D Z m a 2zaao6 O= J `^ ~ N V = V O W U W V Q O W 2 a z O z_ Q 06 z S2 W 0 N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $ o 0 0 0 0 7 0 W 0 W 0 tD 0 tD 0 N 0 tD 0 N 0 W 0 O 0 a 0 N 0 W 0 tD 0 tD 0 N00 cn 0 O 0 O 0 O � a N s �o m m rn a rn a0 rn o rn N o �o m m m m oo a0 a a s s Coco o 0 0 o N c-I N c-I N M lD N 4f 4f c-I c-I N N N c-I M M V1 ap 7 N O o z O y0 N O O O p a ~ X a z ti ti H Q .^-I M N tOD N M CO .N-I tD 7 7 M m 06 z U W u O O O O N O O N CO N 7 0 N N 7 a O O 0 c Y N ~ U vi M +n a c c � p a o0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O 0 r o o ^ a '^ Q a � O a o a N O W O O O O O O O O O O O O O O W 00 a of of u J +n � � O •u O w a O O O W 7 M ti 0 0 0 0 0 0 0 0 0 0 W � a as o o W O CO O N W 7 M 0 0 0 0 7 0 0 0 N N a V., a u t4 O O O CO as CO .--I .-I N .N-I N .N-I 7 .--I O CO 7 tD N N 7 01 7 v `o a c m m o 0 o o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . o 00 00 •- O a` a` w a � o Q O y U y W � � in O u a O a m o t Q m m � a o a• a ° v~i Z W S u° O c c Q o � r m m c a m m wc c a H a u C 06 a)•m � v y. m w� a E t '- c r o a c a E Q m CZ_7 w 'c 'A E •- i w a a+ a A m 0 c w o a c o ~ 0 o °. c 20 a c Q a iE m 3 ay Y v o a 0 m a m m c c °0 c cCL E a°i h a h C7 u a a ii a a W a a m a s w Ww M 7 V1 tD n c °1 - - m .�-I o z O � Oz �o a� J � Q � z Q Up0 Z U (n Z Q u x Q (D, 0=a N H Q Z � u 00 6 D T o O 2 N W W 2 Ul F O O O E GPI z m ozm aUo vo — _. 3 \ a m ¢ m m � \ 0Z � JW 0� Mae LU a�Q o� O = o WW w a o:E a iJ =a 02 a P�Q�P o � \ ��•1Py o o= Z) B O LTC] N & MENK Real People. Real Solutions, May 17, 2018 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adams Street SE Hutchinson, MN 55350 RE: Hutchinson Municipal Airport — Butler Field (HCD) 2018 T-Hangar Construction BMI Work Order No.3 Proposal for Professional Services Dear Mr. Olson, 7533 5unwood Drive NW Suite 206 Ramsey, MN 55303-5119 Ph: [763) 433-2851 Fax: [763) 427-0833 Bolton-Menk.com Bolton & Menk is pleased to submit our proposal for Construction Administration services for the construction of the 8-Unit T-Hangar at the Airport. This is Work Order No.3 to the Professional Services Contract between the City and Bolton & Menk, Inc. with contract effective date of April 11, 2017. The project was let for bids on April 6, 2018. It is anticipated the City will award the Construction Contract to the low bidder, Kraemer Excavating and Trucking, within 90 days. SCOPE OF SERVICES: TASK 2 CONSTRUCTION ADMINISTRATION: 2.1 Pre -Construction Meeting Consultant will arrange for and conduct the pre -construction meeting. The Project Manager and the Project Architect will establish this meeting to review Local, State, Federal Aviation Administration (FAA) and project specific requirements prior to commencing construction. The meeting will be conducted at the Airport and will include the Sponsor/Owner, Mn/DOT Aeronautics (if available), Subconsultants, FAA DMA -ADO (if available), Contractor, Subcontractors and utility companies. This task will include: Scheduling the meeting, sending invitations, providing meeting materials and pre - meeting exhibit and material preparation. • Obtain and review the project construction schedules from the contractor or contractors prior to presentation at the preconstruction meeting. The Owner should be H:\REDW\T51114440\0_Bay Hangar Design\A_Project Management\Cnst_Admin\RWF-Work Order No. 1-Hangar Cnst Ad min (030518).docx 1 of 7 Ci provided copies of all construction schedules Preside at the preconstruction meeting, prepare a detailed record of the meeting and submit to the Owner and all participants. Provide Contractor with a list of required submittals to be provided by Contractor and discussed at the meeting. Provide Contractor with additional copies of Construction Documents and digital data (Project Drawings) as requested. 2.2 Prepare Contract Manuals The Consultant is required to check that the construction contracts are in order, verify Contractor has met DBE goals (or made valid good faith effort), Contractor has provided proof of insurance, the bonds have been completed, and the Owner, Contractor and applicable Agencies has been provided with adequate copies of the executed Contract Manual to include the Agreement and all addenda. The Plans will be updated to include all addenda items issued during bidding as necessary and adequate copies provided to the Contractor. Clerical will prepare the quantity sheets, field book, testing sheets, construction report format, etc. for use by the RPR. 2.3 Construction Management The Consultant will provide Construction Administration Services the scope of which is based on the following: The Consultant and Sponsor agree that construction engineering services furnished shall be to the extent necessary to determine compliance with plans and specifications, including necessary general supervision of Resident Project Representative Services authorized by the Client. The Consultant and Sponsor agree that the Construction Engineering Services provided by the Consultant may actually be required to continue and exceed beyond the construction time element stated in the Client's agreement with the construction Contractor. When the extent of these construction services beyond the control of the Consultant occurs, the Client agrees that Consultant will be reimbursed for additional Construction Engineering Services in excess of the specified construction time period at a mutually acceptable fee negotiated at the time all the pertinent circumstances are known. Nothing herein shall be construed as imposing upon the Consultant's responsibility for the construction means, methods, techniques, sequences, safety programs, and procedures used by contractors. The Consultant agrees that Resident Project Representative services furnished under this Contract shall be to observe the work and to determine compliance with the plans H:\HUTC\T51115241\0_T_Hangar\A_Project Management\HCD_Work_Order_No.3_Cnst_Admin_051718.docx BOO, r, a M Z pf .7,.-.. and specifications, including representing the Client in coordination of construction activities among contractors and between contractors and utilities, and to accommodate the reasonable requirements of the Client on and around areas of construction. When the Consultant is on the site, documentation will be maintained regarding construction progress and delays, quantities and percentages of work, tests performed, observations made and work accepted, problems encountered and instructions given to contractors, field changes and adjustments approved, and other records required or otherwise necessary to maintain a record of the work. The Consultant agrees to provide Construction Administration Services that include the following: Check and monitor construction activities and certify that all project work completed under observation of the Resident Project Representative is in substantial compliance with the plans, specifications and contract documents including any modifications by Change Order or otherwise, that all required tests were performed, and that such work is recommended for acceptance. • Provide interpretation of plans and specifications as requested. • Supervise and coordinate Subconsultant contracts for field observation. • Review shop drawings and certificates submitted by contractors for compliance with design concepts, as required by the applicable sections of the technical specifications. • Review all periodic and final pay requests and explanation of variation between • Contract and final quantities prepared by Resident Project Representative. Coordinate Contractor approval and signature and submit to Client for approval. • Review weekly Construction Progress and Inspection Reports (FAA Form 5370-1) as prepared by Resident Project Representative and submit to Owner and applicable Agencies • Prepare, review and process Field Orders, Change Orders to include a cost estimate, cost/price analysis, record of negotiations, review and evaluation of "Contractor's Request for Extension of Contract Time" and make recommendations regarding approval to the Client. Notify the Contractor that no work can start until approved by the Client. Coordinate and meet with the Owner for consultation and advice during construction to include conducting construction progress meetings. Coordinate with Owner's Representative including: H:\HUTC\T51115241\0_T_Hangar\A_Project Management\HCD_Work_Order_No.3_Cnst_Admin_051718.docx Bo[l�r, a rn ...� pf,,.7,.::..: ;:::- ,..:, • Review and evaluate "Contractor's Request for Extension of Contract Time" and submit recommendations to the Client. • Meet with the Client for consultation and advice during construction. • Coordinate on -site inspections of construction as requested. Make recommendations for acceptance or modification of work. • Monitor that all testing required by the specifications is performed. Review and approve all materials reports prepared by the Resident Project Representative and/or Subconsultants. • Maintain record drawings from redline or working drawings prepared by Resident Project Representative as accumulated during the course of construction to show "Record Drawing" conditions. • Retain and review payroll reports of each contractor and subcontractor and monitor Contractor's compliance with paying employees as per established State Prevailing Wages and/or Federal Davis Bacon requirements. • Monitor Contractor's compliance with Disadvantage Business Enterprise (DBE) program (i.e. determine that the firms on the job are as stated in the plan. Determine that the volume of work and equipment used complies with the plan.) Report deviations to the Sponsor. 2.4 Resident Project Representative Services The Sponsor as part of this agreement authorizes Resident Engineering Services and the Consultant agrees to provide a Resident Project Representative services in the execution of the Construction Engineering Services for the project work. The Sponsor and Consultant agree that the Consultant may employ the Resident Project Representative on other work during periods of temporary job shutdown when such services are not required by this project. Normally, the Resident Project Representative will give intermittent part-time service on this project when construction is in progress to include temporary interruptions due to weather or mechanical failure. Civil Construction Services: For the Civil Construction portion of the project Part -Time Resident Project Representative services will be provided. This will involve four (4) trips by the Project Manager, and twelve (12) trips by the RPR. Architectural Construction Services (ISG): For the Architectural Construction portion of the project Part -Time Resident Project Representative services will be provided. This will involve eight (8) trips by the Project Manager. Resident Project Representative Services shall be completed in accordance with the following: • Coordinate with Contractor regarding schedule, work progress, quality of work, and H:\HUTC\T51115241\0_T_Hangar\A_Project Management\HCD_Work_Order_No.3_Cnst_Admin_051718.docx BOIL rl & m ..4 pf .7,.-.. ... . notify contractor of equipment and methods which do not comply with the Contract requirements. The Resident Project Representative shall notify the Client in the event that the Contractor elects to continue the use of questioned equipment and methods. Maintain daily records of the Contractor's progress and activities during the course of construction, to include progress of all work. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the Contractor, weather, equipment use, labor requirements, safety problems, and changes required. • Evaluate and discuss potential Field Orders and Change Orders with the Contractor as necessary. • Evaluate possible material substitutions as requested by the Contractor. • Prepare, process and distribute to Project Engineer weekly Construction Progress and Inspection Reports (FAA Form 5370-1). • Measure and compute as -built quantities of all materials incorporated in the work and items of work completed, and maintain an item record account. • Prepare periodic Pay Requests for review by the Project Engineer and Contractor. • Monitor the contractor's compliance with airport operations to include coordination with airport manager, hangar owners and airport users and with the Construction Safety Phasing Plan (CSPP). • Attend and participate in construction progress meetings. • Coordinate the necessary construction staking/layout schedule as needed by the Contractor. • Perform other services as reasonably required by the Client and as outlined in the Contract Documents. 2.5 Final Inspection and Documentation The Consultant will schedule and conduct a final inspection with the Sponsor, Contractor, State and FAA representatives to determine whether the project has reached substantial completion and the work is in accordance with the plans and specifications. The Consultant will document items found to be deficient. The Consultant will prepare a punch list correspondence including the deficient items and will forward this correspondence to the Contractor requiring correction of the items and request a schedule for completion. The Consultant will send a copy to the Sponsor and include a copy in the Grant Closeout Report. H:\HUTC\T51115241\0_T_Hangar\A_Project Management\HCD_Work_Order_No.3_Cnst_Admin_051718.docx Bolan a M 5 pf .7,.-.. Once all of the punch list items have been completed to the satisfaction of the Sponsor, State and FAA, the Consultant will prepare a Certification of Construction Acceptance for the project. This certification will also be included in the Grant Closeout Report. Assemble documentation for the project closeout report once the project is complete. This will include gathering all construction documentation, supplemental agreements (if applicable), weekly reports, pay requests, testing result summaries, final certification documentation, and change orders in preparation for closeout. 2.6 As -Built Plans The project team will collaboratively assemble a set of as -built plans for the project. The as -built plans will include field constructed conditions included as part of this Project including any field surveying required to compute final quantities and the drawings will become record information. The Consultant shall provide Owner with two (2) sets of reproducible "Record Drawings" in both digital and hardcopy format. 2.7 Project Closeout Consultant shall prepare the FAA Project Financial Closeout Forms and Report and submit to the Sponsor for submittal at the conclusion of the project. COMPENSATION: The services described above in this proposal shall be completed on an LUMP SUM NOT TO EXCEED basis of $ 54,553.00. SCHEDULE: We anticipate the work can be performed to the following schedule: • Construction Administration: August, 2018—August, 2019 • Project Closeout: December, 2019 Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our clients' needs. If you find this proposal acceptable, please return to me a signed and dated copy of this document. Sincerely, Bolton & Menk, Inc. 12p6w%ow, Silas Parmar, P.E. Project Manager Enclosures: • Fee Analysis ************************************************************************************* H:\HUTC\T51115241\0_T_Hangar\A_Project Management\HCD_Work_Order_No.3_Cnst_Admin_051718.docx Bo[l�r, a M � pf .7,.-.. I hereby accept the terms defined in this letter proposal. Mr. Gary Forcier Mayor Mr. Matt Jaunich City Administrator Date Date H:\HUTC\T51115241\0_T_Hangar\A._Project Management\HCD_Work_Order_No.3_Cnst_ Admin_051718.docx Bolton & MenGWVPequal opportunity employer. � � 2 § LU 0 LU LU � 0 0 § LU § � § ( \ § ) \ F- k § ) 0 / k � / 0 \ z 0 u § k k ; \ b \a| I== 2 2 J 3 ®X CC 0 0- ; )) ae§ a 2 7ag§ § , o o {@}to to o o o o 2 ) to „ _ ,_, „ A 4 }\k Eoo ;0 [ � § _ LA\ d § V |! /f ) |� co cc ) k22o `uo ) - m, ( §(�\o _ cc I I I gj5 ITM�)\k {) "IXT3l HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Project Award for 2018 Street Seal Coating Project (1-6/P18-06) Department: PW/Eng LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The City received three (3) bids (see attached bid tabulation) for the 2018 Street Seal Coating project. The apparent low bid is from Pearson Bros. Inc. of Hanover, MN, in the amount of $186,216.80 (approximately 22.5% lower than the final Engineer's Estimate). This bid appears to be responsive and appropriate. This project's total cost and associated funding contributions were reviewed by the Resource Allocation Committee and are accounted for within the City's proposed 2018 Infrastructure Improvement Program. City staff will provide a brief overview of the project scope, bids and schedule. Please note that no formal hearing is required prior to this project's potential award due to no special assessments being administered. The necessary Resolution to award this project is attached. We recommend approving the provided Resolution. BOARD ACTION REQUESTED: Approval of Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 186,216.80 Total City Cost: $ 186,216.80 Funding Source: Infrastructure Maintenance Funds Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14905 RESOLUTION ACCEPTING BID AND AWARDING CONTRACT LETTING NO. 6/PROJECT NO. 18-06 Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of: 2018 Street Seal Coating: Multiple City street segments to be determined; street surface seal coat application by construction of bituminous material, aggregate, fog seal material and appurtenances, bids were received, opened and tabulated according to law, and the following bids were received complying with the advertisement: Bidder Pearson Bros Inc of Hanover MN Allied Blacktop Company of Maple Grove MN Caldwell Asphalt Co Inc of Hawick MN Bid Unit Price $186,216.80 $1.54/SY $211,610.00 $1.75/SY $238,212.40 $1.97/SY and whereas, it appears that Pearson Bros Inc of Hanover MN is the lowest responsible bidder. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The mayor and city administrator are hereby authorized and directed to enter into a contract with Pearson Bros, Inc of Hanover MN in the amount of $186,216.80 ($1.54/SY) in the name of the City of Hutchinson, for the improvement contained herein, according to the plans and specifications therefor approved by the City Council and on file in the office of the City Engineer. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be retained until a contract has been signed, and the deposit of the successful bidder shall be retained until satisfactory completion of the contract. Adopted by the Hutchinson City Council this 12th day of June, 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich O U J J 0 N 0 O W M Ya�v`Oic F O F N� c t a L Y L m N m 00 M wx'-mv� N N EA U Q aL+ Y N L a) c+ N N U M _ R 3 a 6e} a U R U m m Go O E J J O O N a Z N o£ 0 O 0 CO O O CL N p O °1 to � O Q N D O O Q N Efl Co r 0 OO L) ` Z y a m L m p to m m r N CD'£ N R04 Y j N 9 ifi In W O M R o M M p N mz,or Dr- x- W U T W U M H o a w a N a N a o o m o m N Z m G U J Q J Q 00 `" - CO M O 0 W Lc) Z v c 0 0 0 V a y oQN� o o m CO o m » cc co Lc) m o z c N O c a E M v U O Y R N R W CO Wrm. u p a o x > a a Z O N N £Cl) o 0 OZ Z_ O` H J Q J Q o o N 0 q Z= T-- N d 0 O 0 v N N H 0' tii E p m N 0 m _ w~ a `w rn N U d W O W 0)60- =0LU Z H w a N a W H w m m f� U CL O J W A111Ntln0 < N o Z O H Z a Z O m N W — w 00Z m o Cl) QmH� W llNn D N J T 0 C C T T m Q O Z c Ocn o Z aU 00 O N Z o U _ to o w LL O m p O NOI1dIN0830 W31I LLI a a z m co z o U w z a O c9 z o p m �w H z J Q 0 J Q Q p � H ON W31I ON 3NIl HUTCHINSON CITY COUNCIL city of �— Request for Board Action 7AL Agenda Item: Approve Rescheduling of the August 14 City Council Meeting Department: Administration LICENSE SECTION Meeting Date: 6/12/2018 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Our first meeting in August falls on August 14, which is Primary Election Day. State law does not allow public meetings to take place between 6 p.m. and 8 p.m. on that day. Because of this, we're in need of rescheduling that meeting. In 2016, we moved the meeting time up to 4 p.m. and conducted our business at that time. That is an option or rescheduling it for another day is another option. If we move it to 4 p.m., I would limit the amount of public hearings we have that night and look to do those after 5 p.m. BOARD ACTION REQUESTED: Approve Rescheduling of the August 14 City Council Meeting Fiscal Impact: $ 0.00 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: Library Board Meeting Minutes April 23, 2018 Present: Steve Bailey, Gerry Grinde, Jack Sandberg, Mary Christensen, Julie Lofdahl, Carolyn Ulrich and Katy Hiltner, Ex-Officio Excused: Kristine Leuze Review and approve minutes from the March 26, 2018 meeting: Motion to approve Jack Sandberg, seconded Gerry Grinde, approved Old Business: Program Reports: Winter Reading Program Report: 274 people participated with 152 completing the program. This is a completion rate of 62%. The number attending the dessert buffet was 79. The bonus book addition to the program was successful. There were 202 entries for the Village Shop and 280 entries for the State Theatre. Katy thanked the library board for the recommendation to add the bonus challenge books to the program. One Book, One Community Author Event: 80 people attended the event. Presentation made for a very enthralling event. HCVN filmed the presentation. National Library Week: Katy said it was her best National Library Week — a Minnesota author, David Housewright, presented his program in the Carnegie portion of the library. • Friends of Library Prize Drawings - Friend had a prize drawing for three tote bags with books and coupons to shop from Friends table. The registration was 45 adults, 8 teens, and 42 children. • Author Program with David Housewright - 30 people came to the afternoon presentation. He started out with a rant and then delighted everyone. PLS Strategic Plan (Head Librarian monthly report): Highlighted Goal Area = Lifelong Learning Support • story hours • school tours, collection development • variety of programs for all ages: Lego Club, teen programs, author programs, book club support, • future: film events, computer programs, arts and crafts Lifelong Learning Support is a continual growth area for the library New Business: Upcoming Library Programs: • Family Story Hours o Rescheduled origami program — April 30th for younger kids o Mankato Symphony— May 215Y Program for children to see instruments. The symphony approached the library. They have a grant to bring four musicians to libraries to perform for the children. The Hutchinson Library program will be held on the second floor. All ages welcome to attend. o Teen MakerSpace — This program has been a success - Bad Art in March (though it was pretty good, Blackout Poetry in April, and Friendship Bracelets in May MN Writes MN Reads Contest - A new program where people can publish their own books. It's a neat way to support writers in Minnesota. SAMMIE/Prairielands Grant — Rachelle received $100 to purchase a grand prize for the teen summer reading program. She will probably purchase a digital item. Jack is on Prairieland Board. He mentioned that Prairieland's 2020 vision is to come up with new topic that can benefit all libraries. The Prairielands Board is looking for something that extends beyond the current teen focus. Book Suggestions for One Book, One Community - Katy was wondering if the Board would like fiction or nonfiction. Most prefer nonfiction. Committee is looking for suggested titles. The committee would like to get a Minnesota or regional author so it is within budget to ask them to come for an author visit. Schedule May meeting — Because of Memorial Day, next meeting is Monday, May 21, 2018 Other - PLS Meeting Update from Jack - • The 2017 financial audit came out good. The telecommunication changes reduced grant and as the billings went down. Payroll is now 47% of total budget. Total staff is 43. The Willmar Head Librarian resigned. This is a hard position to fill. Many people do not want to move outstate. • March MN Library Legislative Day update - in 2019 much higher probability to revisit formula to divide funds to libraries. Now it is better for big cities. Hope to revise to be better for outstate libraries. Want to make sure excess money in an account stays for libraries and does not go to schools. Rep. Urdahl sponsored bill to keep funds for libraries. • PLS Electronic Meetings - PLS is looking at allowing meetings electronically if there is a snowstorm — it's a big deal for PLS as members come from all over the region. Library Phone System - phone is now under the City umbrella. Katy said she really, really appreciates the new system and the phone company did a great job installing with all the roadblocks of an old building. Self -publishing Books - Question was asked if this was a good way to get a book published. Katy said that this would be the last choice for her. It would be okay if you are publishing for family and friends, but would be harder if you wanted to sell books. Publishers can help with all aspects of the publishing process and there are different tiers of options and costs. Jack had asked the question as there was a possible scam with someone who put together an open source book and then sold it as a print book. Mary - City is joining McLeod County Historical Partners (MCHP). Bayley Schluter of MCHP will be working with the City in writing grants. The city is looking at a grant for updates to the library building. Possible projects include the public bathroom or the cornice that needs painting. Library Buzz— What Have You Been Reading/Watching? Jack: Father Brown series and book of old sermons Katy: fluffy stuff Gerry: Has read 690 pages of 1700 pages of Grant— it's a good book and well written but exhausting (need better editor). Gene Edward Smith wrote another book on Grant and is a better writer. Carolyn: read nine books including The Indigo Girl, Plum Tea Crazy, The Letterbook of Eliza Lucas Pinckney, Brave Companions, and The Pyramid of Mud Mary: The Woman in Cabin 10 - Ruth Ware mystery, good read Mary was given an old book of McLeod County that has 1800 people in it. It's a big book! Steve: A William Kent Krueger book and Beautiful and the Damned by F. Scott Fitzgerald Next meeting: Monday, May 21, 2018 @ 4:30 p.m. (note change in date due to Memorial Day) March 2018 Donations Friends of Library (reimbursement for 2017 DVDs/Audiobooks) $5,413.69 Meeting adjourned at 5:31 pm