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cp06-26-2018Hutchinson City Center l I 1 Hassan Street SE Hutchinson, MN 55350-2522 Phone 320-587-5151, Fax 320-234-4240 CITY OF HUTCHINSON MCLEO❑ COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, June 26, 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 26, 2018, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • Joint Meeting with Hutchinson Housing & Redevelopment Authority Matthew J nich, City Ad ' istrator DATED: June 21, 2018 POSTED: City Center HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, DUNE 26, 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: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 14908 — Resolution Accepting $500 Cash Donation from Hutchinson Area Community Foundation for Founder's Pathway Landscaping (b) Resolution No. 14909 — Resolution Accepting $54,000 Cash Donation from Hutchinson Elks Lodge for Hutchinson Elks Inclusive Park PUBLIC COMMENTS (T is is an opportunity for 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. If you have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of June 12, 2018 (b) Workshop of June 12, 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 Letter of Support for Minnesota Governor's Pheasant Hunting Opener (b) Consideration for Approval of Letter of Support for US Highway 212 BUILD Transportation Discretionary Grant Application (c) Consideration for Approval of Issuing Short -Term Gambling License to Voiture 414 on November 20, 2018, at VFW Post 906 (d) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Fire CITY COUNCIL AGENDA JUNE 26, 2018 Department Relief Association on September 8, 2018, at Hutchinson Fire Department (e) Consideration for Approval of Improvement Project Change Orders 1. Change Order No. 1 —Letting No. 2, Project No. 18-02 2nd Avenue SE Bridge Replacement) 2. Change Order No. 1 — Letting No. 6, Project No. 18-06 �2018 Street Seal Coating) (f) Consideration for Approval of Items for Century Avenue SE Reconstruction Project (Letting No. 1, Project No. 18-01) 1. Resolution No. 14910 - Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment 2. Resolution No. 14911 - Resolution for Hearing on Proposed Assessment (g) Consideration for Approval of Items for 2018 Pavement Management Program Project (Letting No. 4, Project No. 18-04) 1. Resolution No. 14912 - Resolution Declaring Cost to be Assessed and Ordering Preparation of Proposed Assessment 2. Resolution No. 14913 - Resolution for Hearing on Proposed Assessment (h) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. APPROVE/DENY ADOPTION OF UPDATED BUSINESS SUBSIDY CRITERIA 9. CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON COMMUNICATIONS REQUESTS AND PETITIONS (T e purpose o 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) 10. REVIEW OF ANNUAL CITY ENERGY CONSUMPTION REPORT UNFINISHED BUSINESS 11. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE — RIGHT OF WAY (SECOND READING AND ADOPTION) 12. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE — TELECOMMUNICATIONS (SECOND READING AND ADOPTION) NEW BUSINESS 13. APPROVE/DENY AMERESCO PROJECT DEVELOPMENT AGREEMENT 14. APPROVE/DENY ORDINANCE NO. 18-788 - AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE 2ND AVENUE SE BRIDGE REPLACEMENT PROJECT (WAIVE FIRST READING, SET SECOND READING AND ADOPTION FOR JULY 10, 2018) 15. APPROVE/DENY INVOCATION POLICY 16. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JULY 10, 2018, AT 4:00 P.M. TO 2 CITY COUNCIL AGENDA JUNE 26, 2018 DISCUSS USE OF HOSPITAL MONEY 17. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JULY 24, 2018, AT 4:30 P.M. TO REVIEW 2017 AUDITED FINANCIAL REPORT GOVERNANCE (Thep urpose 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.) 18. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS �a) Public Arts Commission Minutes from May 10, 2018 b) Hutchinson Housing & Redevelopment Authority Board Minutes from May 15, 2018 �c) City of Hutchinson Financial Report and Investment Report for May 2018 d) Tall/Grass/Noxious Weed Monthly Report for May 2018 NHSCELLANEOUS 19. STAFF UPDATES 20. COUNCIL/MAYOR UPDATE ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 14908 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 Hutchinson Area Community $500.00 6/8/18 Foundation WHEREAS, such donation has been contributed to the Hutchinson Parks Department as a donation to offset the costs for the Founder's Pathway landscaping. 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 26th day of June 2018. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Donation from Elks Club towards Elks Park Inclusive Playground Department: Parks LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Sara Witte Agenda Item Type: Presenter: Reviewed by Staff Recognition of Gifts/Donations Time Requested (Minutes): 0 License Contingency Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: A few years ago the PRCE Department was approached by the local Elks organization with the thought of putting in an Inclusive playground addition at Elks Park (1200 Sherwood St. SE). The Parks department has multiple playgrounds that conform to ADA accessibility standards, but was without an "inclusive" playground. The Inclusive play definition is "Play for all". Inclusive play is a way of bridging the divide between mainstream and special needs children. Both groups can benefit from these play methods and learn a lot from mixing with those different to themselves. Children at all ages learn in all aspects of development through play: emotional, social, physical and mental.meaning someone of any age or ability can play side by side with any abled bodied individual. The Inclusive playground project at Elks Park was made of multiple phases. Last year 2017, the initial two phases were completed with grants and donations made to the Elks organization and forwarded onto the City of Hutchinson to make the purchases. A "Sway Fun" and "Zip Cruise" the two largest pieces were placed into the park in May 2017. With this current donation the hope is to complete the final phase with smaller independent pieces. PRCE Staff recommends that the City Council approve the donation and purchase of the final phase of inclusive play equipment to go into Elks Park playground. BOARD ACTION REQUESTED: Approval to accept the donation from the Elks Club of Hutchinson to go towards the purchase of the final phase of Elks Park Inclusive playground equipment. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 54,000.00 Total City Cost: Funding Source: Elks donation Remaining Cost: $ 54,000.00 Funding Source: CITY OF HUTCHINSON RESOLUTION NO. 14909 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 471.17-1 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 Hutchinson Elks Lodge $54,000.00 6/18/18 WHEREAS, such donation has been contributed to the City of Hutchinson towards the equipment at the Hutchinson Elks Inclusive Park. 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 26th day of June 2018. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor scale: 111 6" = 1' HUTCHINSON CITY COUNCIL MEETING NHNUTES 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: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were 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 Lofdahl, to approve Council agenda as presented. Motion carried unanimously. 2. INVOCATION — Our Savior's Lutheran Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Lofdahl thanked all those who replaced their American flags for Memorial Day. Forcier recognized the Elks for the Flag Day ceremony held last night. (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 Joey Schugal, New Ulm Parks and Recreation and Bridget Lindeman, Minneapolis Park Board, representing Minnesota Recreation and Parks Association, presented before the Council. The representatives presented an MRPA Award of Excellence to Jim Wendling of Hutchinson Rotary for the Rotary Park Community Building Project. Mr. Schugal also presented an MRPA Award of Excellence to Dan Jochum of the City of Hutchinson and Mary Hodson of the Chamber of Commerce for the Hutchinson Wayfinding Signage Project. The representatives then presented and MRPA Award of Excellence to Dolf Moon and Mary Haugen of the City of Hutchinson for the Hutchinson Aquatic Center Facility Project. (b) Resolution No. 14904 — Resolution Accepting Cash Donation from Dirk Gaspar for Law Enforcement Memorial Fund Motion by Cook, second by Christensen, to approve Resolution No. 14904. 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. If you have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to 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 Bill Juaire, 805 Harrington Street, presented before the Council. Mr. Juaire spoke regarding the CITY COUNCIL MINUTES JUNE 12, 2018 proposed HUC rate changes. Mr. Juaire noted that his residential rates will be going up, however the large commercial customers' rates will be going down drastically. He noted that his increase will be 20% of his utility bill. He believes these rate changes are unfair to the small residential and industrial customers. The large customers will see a substantial reduction. Morgan Baum, 925 Second Avenue SW, presented before the Council. Ms. Baum noted that she is speaking in regard to Item I I — the invocation policy. Ms. Baum noted that although she is in favor of a moment of silence, she is in favor of the proposed policy. Craigg Bishop, 221 Freemont Avenue, presented before the Council. Mr. Bishop asked what the Council will be discussing related to the invocation policy. The Council noted that there is currently no policy in place and therefore the Council will be discussing instituting a new policy related to establishing the invocation. Mr. Bishop expressed that he feels the way the invocation has been scheduled currently is favorable. Jerry Messner, 1392 Bradford Street, presented before the Council. Mr. Messner read excerpts and quotes from a biblical publication and was in favor of the invocation. John Grein, 1391 Heritage Avenue NW, presented before the Council. Mr. Grind was in favor of the invocation. 6. APPROVAL OF MINUTES (a) Regular Meeting of May 22, 2018 (b) Budget Workshop of May 22, 2018 Motion by Czmowski, second by Lofdahl, to approve the minutes as presented. Motion carried unanimously. 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 (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 CITY COUNCIL MINUTES JUNE 12, 2018 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 Motion by Czmowski, second by Christensen, to approve Consent Agenda I. Motion carried unanimously. 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Check Register B Motion by Lofdahl, second by Cook, with Forcier and Czmowski abstaining, to approve Consent Agenda II. Motion carried unanimously. 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 Kent Exner, City Engineer, presented before the Council. First, Mr. Exner spoke of special assessments for alley improvement projects. The current City Special Assessment Policy was reviewed with respect to alley improvements and it was noted that 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 of this project is $64,856.00 which results in a rate of approximately $98.27. City staff is recommending 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.). Therefore, simi ar to how city street improvements are assessed, staff recommends that an assessment rate of $50.00/LF for bituminous alleys and $65.00/LF for concrete alleys be established for this project and included within the City's fee schedule document in the future. Also, similar to street projects, the City may assess for approximately 50% of necessary drainage improvements, storm sewer utilities and/or restoration costs. Exner noted that communication has been received that four out of the ten properties on both sides of the alley are not in favor of the project. On this project, Council Member Cook is suggesting that the costs be split in thirds with the City paying 1/3 and the property owners paying 2/3 due to the benefit mainly being of the property owners. Pat May, 645 Glen Street, presented before the Council. Mr. May noted he is in favor of the alley improvements. Andy Erickson, 616 Franklin Street, presented before the Council. Erickson stated that he, as well as two other property owners that are not present this evening, are in favor of the alley improvements. CITY COUNCIL MINUTES JUNE 12, 2018 Motion by Czmowski, second by Christensen, to close public hearing. Motion by Czmowski, second by Lofdahl, to approve Resolution Nos. 14906 and 14907. Council Member Cook asked when the discussion will be held regarding funding the project Exner noted that the assessment roll will be reviewed prior to the award of the project. Matt Jaunich noted two more actions will be taken regarding this project— one to accept the bid and one to award the project. Exner noted that he would intend to proceed as presented with the 50% split between property owners and the City. Cook asked if the assessment policy will be updated to include alleys in a more clear way. Cook suggested that the alley assessment policy include a split between the City to be 1/3 and the property owners be 2/3. He believes that the main benefit is to the property owners so their share should be higher. Cook asked that the Council consider a 1/3 — 2/3 split between the City and the property owner for this project. Czmowski expressed perhaps that should be discussed after the approval of this project. Jaunich explained that staff could put together rate structures with the 50/50 and the 66/34 for the Council to consider at the next meeting. City Attorney Marc Sebora noted that assessments cannot be awarded at a higher amount than originally presented. Cook suggested perhaps the item be tabled until the Council can determine the assessment rates and be instituted into a policy. Czmowski thinks that a policy change can occur after this project. Exner noted he would rather have policy decisions made now prior to delivering a project. Roll call vote was taken: Christensen — nay; Lofdahl — aye; Cook — nay; Czmowski — aye; Forcier - aye. Motion carried 3 to 2. purpose o t is portion oJ the agenda is to provide the ounci with information necessary to craft wise policy. rdes items like monthly or annual reports and communications from other entities.) 10. DISCUSSION OF HUTCHINSON UTILITIES COMMISSION RATE CHANGES Matt Jaunich, City Administrator, noted that on June 4, 2018, the Hutchinson Utilities Commission officially notified the City that they would be changing their electric and gas rates for 2018 and 2019. This notification was provided to the City pursuant to Section 11.04 of the City Charter. If the Council would have any desire to veto the rate changes, the Council has 30 days to do so. Council Member Lofdahl feels that the large industrial break is due to bonding. He noted that the kilowatt rates and natural gas rates are actually going down. Council Member Cook noted that this is one of the biggest responsibilities of the Council when it comes to the Hutchinson Utilities Commission and asked that a meeting be held between HUC and the City for the HUC to provide more details on the rate changes. He noted that low users end up seeing more of an increase because of the fixed charges. Lofdahl was in favor of a meeting being held for questions to be clarified. Matt Jaunich noted he will work with the HUC Manager on scheduling a joint meeting with the HUC Board. 11. DISCUSSION OF INVOCATION POLICY Matt Jaunich, City Administrator, noted that based on direction from the last Council meeting, he has put together a policy on administering the invocation. The policy is for discussion only at this time. This policy would replace the use of the Hutchinson Ecumenical Ministerial Association delivering the invocation and staff would follow a procedure on establishing the rotation of the invocation schedule. Council Member Lofdahl spoke on areas of the policy that he liked and was overall very comfortable with what is being presented. Council Member Cook suggested that "other representatives" delivering the invocation be removed from the policy and simply keeping it to religious leaders. Cook also suggested removing the section that allows for representatives from individuals outside of the city being allowed to provide the invocation. Cook suggested limiting the invocation to two times per organization. As part of the .19 CITY COUNCIL MINUTES JUNE 12, 2018 policy, an invitational letter would be sent out that includes the guidelines in providing the invocation and the policy itself. The policy will be before the Council at its next meeting for consideration. UNFINISHED BUSINESS 12. APPROVE/DENY ORDINANCE NO. 18-783 - ORDINANCE REVISING CHAPTER 90 OF HUTCHINSON CITY CODE — RIGHT OF WAY (SECOND READING AND ADOPTION) John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that the first reading of this ordinance was held at the last Council meeting. In addition, a public hearing was held at the Planning Commission meeting in April. Comments that were received at that time were considered by staff when drafting the current language being considered. The changes made to the ordinance 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. Council Member Cook had put forth several questions to staff today regarding the revisions to this ordinance as well as to Ordinance No. 18-784 related to telecommunications. Staff responded late this afternoon and Council Member Cook has not been able to review the responses. Motion by Cook, second by Christensen, to table the second reading and adoption of Ordinance Nos. 18-783 and 18-784 to June 26, 2018. Motion carried unanimously. 13. APPROVE/DENY ORDINANCE NO. 18-784 - ORDINANCE REVISIONS CHAPTER 154.119 OF HUTCHINSON CITY CODE — TELECOMMUNICATIONS (SECOND READING AND ADOPTION) See action above. NEW BUSINESS 14. APPROVE/DENY ACCEPTANCE OF MASTER PARK PLAN PROPOSAL Matt Jaunich, City Administrator, explained that one of the Council's 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 the City's comprehensive plan in 2013. A proposal has been submitted by Hoisington Koegler Group Inc. and staff is recommending to enter into an agreement with the firm. This firm has provided the City several plans including the Downtown Revitalization Master Plan, Downtown Action Plan and the Wayfinding and Signage Master Plan. Their familiarity with Hutchinson will be an asset in developing the plan. The Parks and Recreation Master Planning process will help guide park development, facilities, programs and capital investment planning well into the future. Motion by Cook, second by Czmowski, to accept Master Park Plan proposal from Hoisington Koegler Group Inc. Motion carried unanimously. 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) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that bids are scheduled to be opened on June 22, 2018, for the Century Avenue SE reconstruction project. Following the opening of the bids, they need to be reviewed by Mn/DOT. The intention is to have the project awarded sooner than later to have the project commence as soon as possible following Mn/DOT approval and prior to the July 10t' Council meeting. 5 CITY COUNCIL MINUTES JUNE 12, 2018 Motion by Christensen, second by Lofdahl, to set special City Council meeting for July 2, 2018, at 8:00 a.m. to award Century Avenue SE Reconstruction Project. Motion carried unanimously. Exner noted that if Mn/DOT approvals are not received in a timely manner, the meeting will need to be canceled and that will be decided by June 29, 2018. 16. APPROVE/DENY SETTING LIQUOR LICENSE VIOLATION HEARING FOR SONORA'S MEXICAN RESTAURANT Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in 2017 Sonora's Mexican Restaurant had an illegal sale of liquor to a minor which constitutes a liquor license violation. City code allows the license holder to request a hearing to a subcommittee of the Council to contest the violation and they have requested such a hearing. Christensen and Cook were selected to the subcommittee. Motion by Cook, second by Christensen, to set liquor license violation hearing for Sonora's Mexican Restaurant for July 2, 2018, at 3:30 p.m. Motion carried unanimously. 17. APPROVE/DENY SANCTIONS FOR TOKYO GRILL LIQUOR LICENSE VIOLATION Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that Tokyo Grill also had a liquor license violation in 2017 when an illegal sale of alcohol was made to a minor. Tokyo Grill has not requested a hearing and therefore, the Council can impose sanctions, if any, on Tokyo Grill for the violation. Under city code, the penalties that the City Counciil can impose on a license holder include: civil penalty to $5000; suspension of the license for a period of time as the Council sees fit; revocation of the license. The Council has also required license holders to conduct employee training and install identification readers among other things. Mr. Sebora explained that based on previous sanctions imposed on first-time liquor license violators, staff is recommending that the following be imposed upon Tokyo Grill: $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. Motion by Lofdahl, second by Cook, to set the sanctions as recommended by staff noted above for Tokyo Grill liquor license violation. Motion carried unanimously. 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 Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that plans and specifications have been developed and bids were received for the 8-unit T-Hangar protect. The bidding was split into two schedules: Schedule 1 = site preparation, foundation and Schedule 2 = hangar construction. Kraemer Trucking and Excavating Inc. was the low bidder. The Airport Commission 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 the existing infrastructure. The total project cost is $932,817.25 with total federal funds being $827,089.00 and total state funds being $45,949.39. The local match for the City required for this project is $59,768.86. Seal coating the runway will cost about $85,000. Currently state maintenance grants are 70% Mn/DOT, 30% local, so local costs will be $25,500 which could be taken from infrastructure maintenance funds. Motion by Cook, second by Forcier, to approve Resolution No. 14902. Motion carried I CITY COUNCIL MINUTES JUNE 12, 2018 unanimously. 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 Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that three bids were received for this project with the low bid coming in from Pearson Bros. Inc. in the amount of $186,216.80 which was approximately 22.5% lower than the final engineer's estimate. The project's total cost is accounted for within the City's proposed 2018 Infrastructure Improvement Program. A change order will be coming before the Council in the future for additional work due to the substantially low bid. Motion by Lofdahl, second by Czmowski, to approve Resolution No. 14905. Motion carried unanimously. 20. APPROVE/DENY RE -SETTING AUGUST 14, 2018, CITY COUNCIL MEETING DUE TO PRIMARY ELECTION Matt Jaunich, City Administrator, explained that the August 14, 2018, City Council meeting falls on primary election day and state law mandates that no public meetings be held between 6:00-8:00 p.m. Motion by Czmowski, second by Christensen, to re -set August 14, 2018, City Council meeting to begin at 4:00 p.m. Motion carried unanimously. GOVERNANCE e 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) 21. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Hutchinson Public Library Board Minutes from April 23, 2018 NHSCELLANEOUS 22. STAFF UPDATES Kent Exner — Mr. Exner acknowledged the City of Litchfield with their assistance in the storm cleanup a few weeks ago. He also noted that the fountain at the Crow River Dam is out due to a pumping issue Matt Jaunich — Mr. Jaunich announced that Hutchinson Health is sponsoring three free evenings at the aquatic center over the summer - June 21, July 19 and August 9 from 5:00-8:00 pm. Mr. Jaunich also reminded the Council of the workshop scheduled prior to the next Council meeting with the HRA on workforce housing. Dolf Moon — Mr. Moon explained that the fountain at library square is on the schedule to be repaired, however there have been several delays due to the weather and the schedule of the contractor. 23. COUNCIL/MAYOR UPDATE Steve Cook — Council Member Cook noted that the Luce Line Trail paving is out for bid and completion is scheduled for October I". The portion of this project runs from where the pavement ends east of Cable Avenue to the curve south to the Lester Prairie airport and then runs east north of 7 CITY COUNCIL MINUTES JUNE 12, 2018 the runway to connect with the piece that comes out on County Road 1 He also noted that Margaret Donahoe, Chair of Move MN, emailed the council members and asked for support of federal dollars for the Hwy 212 corridor. The Mayor and City Administrator will sign a letter of support on behalf of the city. Kent Exner explained the necessity of the need for federal dollars. He noted lastly that the Sculpture Stroll brochures are published and have been distributed. Chad Czmowski — Council Member Czmowski reviewed highlighted events for this week's Water Carnival festivities. Mary Christensen — Council Member Christensen asked when the trees in South Park that came down in the storm will be removed. Dolf Moon noted they will be removed by tomorrow noon. Christensen also reminded everyone that reading in the park at the public library is held on summer long. She noted that a car show is being held this Saturday from 10am-2pm along the river. Gary Forcier — Mayor Forcier asked that residents clean out storm drains in their neighborhoods. He also provided an update on the 2nd Avenue SE bridge. ADJOURNMENT Motion by Christensen, second by Forcier, to adjourn at 7:55 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL SPECIAL WORKSHOP MEETING MINUTES TUESDAY, JUNE 12, 2018, AT 4:00 PM CITY CENTER — COUNCIL CHAMBERS Call to Order Mayor Forcier called the meeting to order. Members present were Mary Christensen, Steve Cook, Chad Czmowski and John Lofdahl. Others present were Matt Jaunich, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. DISCUSSION/REVIEW ITEMS 1. Review State Trunk Highway 15/Main Street Streetscape Project Kent Exner, City Engineer, presented before the Council. Mr. Exner reviewed the agenda for today's workshop which includes information from John Rodeberg of SEH and Kelly Brunkhorst of Mn/DOT. John Rodeberg, SEH, presented before the Council. Mr. Rodeberg explained that the goals and benefits of the project include a smoother road surface, modernized water main and sanitary and storm sewers, help to ensure the city and state infrastructure serve their purpose for many years and the City views the project as an opportunity to enhance downtown and improve livability in the central district. Mr. Rodeberg reminded the Council that the project includes full reconstruction of Hwy 15/Main Street and replacement of aging underground utilities between 2nd Avenue North and 5th Avenue South. Pavement resurfacing will occur between 5d' Avenue South and just south of Denver Avenue. Additional work will include construction in downtown from building face to building face; sidewalks and pedestrian crossings along project areas will be updated to meet current ADA standards; all intersections along the corridor will be evaluated for improvements; and the City will also be replacing, updating and modernizing underground utilities. The project is scheduled to begin with major construction in June of 2020 with landscaping and other minor work continuing until 2021. The project is estimated to cost $6.5 million. The official detour will take place in 2020. The work will be phased as much as possible to limit disturbances. Business signage and temporary traffic control will be used to promote and provide access to local businesses during construction. Inspections of building basements adjacent to proposed reconstruction were completed in the Fall of 2017 in order to identify structural concerns related to construction; identify intrusions into the construction area such as old coal chutes, window wells, etc.; and identify sanitary sewer and water service locations and related issues/improvements. Municipal utilities underneath Hwy 15/Main Street need to be replaced. These are some of the oldest in the city and are past their useful life. New sanitary sewer and water services to the downtown buildings are also proposed. MnDOT is required by law to meet ADA standards on all state projects. This project will increase ADA accessibility as well as improve pedestrian safety and access, all while maintaining typical travel lane widths for motorists. Retail and other businesses are also responsible to make reasonable accessibility accommodations to their properties. Mr. Rodeberg spoke about lane widths over time of Main Street/Hwy 15. Prior to 1992, Main Street[Hwy 15 had four 11 foot driving lanes, two eight foot parking lanes and two 10.5 foot sidewalks. Today, Main Street/Hwy 15 has extra wide travel lanes which include three 14-15 foot driving lanes, two eight foot parking lanes and two 10.5 foot sidewalks. The proposed roadway design as supported by MnDot and the City Council includes three 11-13 foot driving lanes, two extra wide 10 foot parking lanes and two 13 foot sidewalks to better address ADA accessibility. The design team consisting of MnDOT/SEH/City of Hutchinson will be working with the community to determine specific amenities such as landscaping, sidewalk finishing and other items. Imagine Hutchinson and the Signage and Wayfmding Master Plan will be used as a framework for discussions on street amenities and landscaping. Mr. Rodeberg reviewed different aesthetics related to art, lighting/banners and planters, wayfinding and decorative fencing. Mr. Rodeberg also reviewed various options for bump out corners. Specific discussion was held regarding a bump out option at the intersection of 1st Avenue SE and Main Street near Library Square. Exner asked of the Council what their feelings were on raised planters and trees and plantings incorporated into the streetscape. Christensen expressed that she likes planters but to keep the plantings low. Forcier expressed that he likes the current planters in place and he expressed that whatever is put in place to have them moveable for ease of snow removal. Lofdahl suggested fencing and plantings near the parking lot south of Genesis Salon with the same concept near Shopko/Wells Fargo parking lot. Cook noted that he likes raised planters and trees and lighting and some art. Discussion was held regarding trees being planted in front of businesses and blocking storefronts and windows. Lofdahl suggested planting trees along the parking lot south of Genesis and the parking lot by Shopko. Czmowski commented that he does not see a need for additional seating in the downtown area. He would also prefer not to see parking stalls taken along Main Street to put in additional landscaping. Exner suggested having different types of moveable planters. All Council Members were in consensus to not lose parking stalls along Main Street nor side streets for landscaping purposes. Lofdahl suggested perhaps putting plantings with a bump out near Wells Fargo. A sidewalk color band was suggested to be 32" wide versus a narrower band. Lofdahl suggested bump outs with planters on the north end and south end where it doesn't impact businesses too much with parking and sight lines. Rodeberg asked if at the community meeting should SEH be looking for comments and proposals on things to implement into the streetscape plan or should a plan simply be presented to receive feedback on. Exner provided an update on the City water and wastewater utilities preliminary design. Mr. Exner provided a copy of an Intersection Control Evaluation Report which indicates no major changes at controlled intersections with traffic control. Rodeberg spoke about the upcoming project public open house and that people should contact him with questions related to the project. The public open house is June 28, 2018, from 4:30 — 6:30 p.m. at the Hutchinson Event Center. The focus of the open house will be incorporation of landscaping into the streetscape. Another open house will be held in September on details of the final design of the streetscape. Cook asked if perhaps hanging planters on the City street light poles could be incorporated. Motion by Cook, second by Czmowski, to adjourn at 5:28 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Approve Sending Letter of Support for Governor's Pheasant Opener Department: Administration LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Consent Agenda Time Requested (Minutes): 1 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The City is working with the Chamber in an attempt to host the 2019 Governor's Pheasant Opener. We are currently in the application phase (see letter from Chamber). One of the application requests are letters of support for this event. Attached for your consideration is a letter of support that I would sent out to assist in our efforts to host this event. BOARD ACTION REQUESTED: Approve sending the letter of support for the Minnesota Governor's Pheasant Hunting Opener 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 •. AREA CHAMBER OF COMMERCE AND TOURISM June 2018 2 Main Street South Hutchinson, MN 55350 320.5 87.52 52 800.572.6689 Fax: 320.587.4752 info@explorehutchinson.com www.explorehutchinson.com The Hutchinson Area Chamber of Commerce and Tourism is excited to announce we are applying to host the Minnesota Governor's Pheasant Hunting Opener on October 11 and 12, 2019. We were approached by the City of Hutchinson this spring, and after reviewing all facets of the event, our committee is confident we can provide a high quality experience for all attendees. In the past, the Opener has brought more than $800,000 worth of marketing and promotion to its host communities, media from all over the state, and of course the honor of hosting the event. This media exposure will benefit the Hutchinson area and businesses! To make an event of this caliber happen, it truly takes a village. We are asking you to consider how you can help us make this a highly anticipated and well attended event. We ARE in the APPLICATION stage. We are looking for a commitment at this time, to show the selection committee our sincere intent to host a quality event. If awarded the event, we will meet with you in early 2019 to finalize commitments. How you can help: Letter of Support- Provide a letter on your organization/company letterhead stating you will support the Minnesota Governor's Pheasant Hunting Opener in Hutchinson on October 11 & 12, 2019. Donations- An event of this size includes appreciation and attendee gifts, food and lodging costs, and logistical costs; monetary and in -kind donations will be needed. It looks like approximately $50,000 will be necessary, and another $50,000 from in -kind donations to make this happen. We know there will be donations made by state and national companies, but we have learned through other host communities the local support far exceeds that of state and national companies. As well it should. This does leverage your potential outreach to the state. Hunting Land and Hosts- Hunters will come and will need land to hunt on, and the event requires Hunting Hosts. The requirement for private land is significant and we look to obtain about 3000 acres within 20 minutes of Hutchinson. 50 hosts will be needed. As we continue to compile the necessary items for the application, please consider how you will be able to help us bring the Minnesota Governor's Pheasant Hunting Opener to Hutchinson and the surrounding area. Gratefully, Hutchinson Area Chamber of Commerce and Tourism Board of Directors MGPHO Hutchinson Application Committee • 10* •. HUTCHINSON AREA CHAMBER OF COMMERCE AND TOURISM Letter of Intent For the purposes of application to host the Minnesota Governor's Pheasant Hunting in the city of Hutchinson, I/we would like to support this event by: ❑ Letter of Support, dated June or July of 2018, returned to the Chamber of Commerce no later than July 13, 2018. ❑ Monetary Donation, to be used to off -set costs associated with this event, should it be awarded to the Hutchinson Chamber/Tourism. Sponsorship Levels and recognition will be determined if Hutchinson receives the event. Estimate of intended gift $ ❑ In -Kind Donation, to be used for gift packages, food and/or beverage service, specific events during the weekend, or other various needs. Items or service intended to provide ❑ Use of Land, for hunters and hosts to use on the 12t" of October 2019. Approximate number of acres available Location of acres ❑ Hunting Host, I would be able to be a hunting host, and can make myself available to the event on October 11 and 12, 2019. 1 have a hunting dog ❑ yes ❑ no Signature Best Phone Number �1% Printed Name Best Email Business or Organization (if applicable) Address Date Please return this form to: Hutchinson Chamber/Tourism - 2 Main St S, Hutchinson MN 55350 - _ No later than July 13, 2018 ree 00, tl I� i ro June 26, 2018 Mary Hodson Hutchinson Chamber of Commerce and Tourism 2 Main Street South Hutchinson, MN 55350 Ms. Hodson: Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-2344241/Fax 320-234-4240 On behalf of the Hutchinson City Council, I am writing to you today in an effort to express the City of Hutchinson's support in your application to host the 2019 Minnesota Governor's Pheasant Hunting Opener event. The 2019 event will be the 9th Annual event that focuses on Minnesota's hunting heritage, cultural traditions and the economic impact of the sport, as well as its impact on travel and tourism within the State. There is no better place to showcase this event than Hutchinson. Hutchinson has a well -established history of supporting hunting and promoting conservation. Whether it was the establishment of the Gopher Campfire Club, or the development of a wildlife sanctuary within the city, or Les Kouba painting the wildlife scenes we are all familiar with, what better avenue to promote that rich history than to host the 2019 Governor's Pheasant Hunting Opener. Hutchinson is well position to host this event bosting many recreational activities within the area and various hotels to welcome visitors to town. Located on the edge of the prairie, Hutchinson has a bounty of opportunities to consider, whether it's biking or walking the picturesque Luce Line Trail along the banks of the Crow River or visiting one of our 37 parks, Hutchinson definitely has much to offer those who would visit our community for this great event. Once again, the City of Hutchinson whole heartily extends its support in your effort of seeking this great event for our community. Please use this letter as the Hutchinson City Council's official "letter of support" for this event. If we can be of any other assistance to you in this endeavor, please don't hesitate to contact us. Sincerely, Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Approval of US Highway 212 BUILD Transportation Grant Application Department: PW/Eng LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As referenced within the attached email, please consider approving the attached letter of support for the potential funding of improvements within the US Highway 212 corridor. BOARD ACTION REQUESTED: Approval of Change Orders 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: Kent Exner From: Margaret Donahoe Margaret@transportationalliance.com> Sent: Tuesday, June 12, 2018 10:19 AM Cc: Angie Stenson Subject: Letter of Support for Federal BUILD Funds for Highway 212 Attachments: Sample Letter of Support for US 212.docx ❑ear SWCTC Participants: The Southwest Corridor Transportation Coalition is working to secure federal funding to help improve and expand US Highway 212. Your support of an application for BUILD funds (formerly TIGER) would make a huge difference as we compete with other projects around the country. We are getting close to securing the funding needed for construction and a successful federal grant application would make the project much closer to reality. Please take a few minutes to support this effort by using the attached Sample letter to indicate your support of the grant application. You can simply copy and paste the sample letter onto your own letterhead and fill in your own information. Feel free to edit the sample letter as you see fit. You can then return the letter to me via email or US mail. Your support is greatly appreciated! Thank you. Margaret Donahoe Executive Director Minnesota Transportation Alliance 525 Park Street, Ste. 240, St. Paul, MN 55103 m araret�cr7, transportat io nall iance. co m 651-659-0804 www.transportationalliance.com I!fi RANSPC )RTATI0N ALLIANCE r813 17-75 AN,^rIVERSAy ,,,,z r� June 26, 2018 The Honorable Elaine Chao Secretary, US Department of Transportation 1200 New Jersey Ave, SE Washington, DC 20590 Dear Secretary Chao, Hutchinson City Center l l 1 Hassan Street SE Hutchinson, MN 55350-2522 Phone 320-587-5151,Fax 320-234-4240 The City of Hutchinson is pleased to support Carver County's BUILD Transportation Discretionary Grant for the multi- year planned US Highway 212 Expansion Project for a Program of Projects including two project segments: from the City of Norwood Young America (CSAH 34) to the City of Cologne (CSAH 36 western intersection) and from the City of Cologne [CSAH 36 eastern intersection] to the City of Carver (CSAH 11). The corridor is part of the National Highway System and is one of the most important economic and highway freight corridors in the state, connectingthe Twin Cities to South Dakota and beyond. US Highway 212 provides a critical connection For agricultural and industrial areas throughout the region. In addition, it is the highest priority "Tier One" Truck Corridor as ranked in the Metropolitan Council's Regional Truck Highway Corridor Study, completed in 2017. The proposed project will expand US Highway 212 to an urban four -lane expressway from the existing rural two-lane undivided highway. The existing two-lane gap in the Twin Cities' highway network negatively affects freight movement and economic development initiatives and poses a number of safety, access, and mobility issues. Carver County and MnDOT have completed an extensive planning effort to determine innovative ways to expand the highway while reducing cost. This project will benefit the rural highway freight network, improving a critical connection to and From the Twin Cities metropolitan area, and meet the priority goals of the BUILD funding program by emphasizing the rural highway network, economic competitiveness, partnership, and innovative financing. Specifically, the City of Hutchinson has significant transportation needs relative to commercial, industrial, manufacturing, agricultural, commuter and recreational traffic and/or Freight handling. Also, the City of Hutchinson has been assigned an interregional corridor (IRC) by the Minnesota Department of Transportation (MnDOT) consisting of State Highway 22 to US Highway 212 and ultimately connecting to Interstate 494. Please note that the City of Hutchinson is a regional population center currently not provided direct access to a continuous four -lane highway system and that these improvements to US Highway 212 would be a significant step in improving this IRC's connectivity. Finally, the proposed project is endorsed by the City of Hutchinson, and we are supportive of the County's BUILD application for US Highway 212 expansion. Sincerely, Gary Forcier Matt Jaunich Kent Exner City of Hutchinson City of Hutchinson City of Hutchinson Mayor City Administrator DPW/City Engineer HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Short -Term Gambling License - Voiture Local No. 414 Department: Administration LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Y, Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Consent Agenda Time Requested (Minutes): License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Voiture Local No. 414, a club, has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on November 20, 2018, at the VFW Post 906. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Voiture Local No. 414 on November 20, 2018. 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: Goff U 1 I I Hassan Street southeast Hutchinson- MN 55350 020t 587-5151 Fax (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A licat'son T e Short Term Date(s) Ree: g30.pp _ MonthlDaylYear Month/D vyear Organization Information Name Phone Number ddress where regular meeting are held City State ,Zip Federal or State ID:��� Day and time of meetings'? r /r/ r� � �?�t ` J Cs Is this organization organized under the laws of the Staof�MinneSota? yes L] no Flow long has the organization been in existence? & 11ow may members in the organization? What is the purpose of the organization? % 5'Gli- rta s In miho 'e custody will organization records be kept? 7�,�f' �t Name Phone Number 4ddress City Stale Zip LDuly Authorized Officer of the Organization Information Dwe Name Phone Number 166 Resin ence Address City Stale zip Date of Birth: -- � 1 0;Z — Place of Birth: — ti---It Q- Uonthldalri near City State Have yott ever been convicted ol'any crime other than a traffic offense'? ❑ yes i II'yes, explain: 3Y On, of thilk hinson 1)1,0a+uon ;ar Ganrhhng tierrce. s License Pug, ? r f 3 I� Designated Gambling Manager (Qualified under Minnesota Statute 029) True Name Phone Numbci 5YO ik�-- Y-r- �-4- -MA, Residence Address Cify State Zip Date of Birth: 1 � 1 Y1 Place of Birth; Ce I 0 Mo► ih1daylyear City Slate Have you ever been convicted of any crime other than a traffic offense? ❑ yes no if yes, explain: Flow long have you been a member of the organization? Game Information Location I#1 , r- 0 -/- 6 Nume gJ 10ca ion where game tivill he played Phone Number ) s7i-- v e. J�� ff � Address gf location where game will he played City State Lip Date(s) and/or day(s) gambling devices will be used: 6 through f '�C l Y AM AM !-lours of the day gambling devices will be used: From � � M To �� b Maximum number of player: Vs-0 �� r�11 ��!� Will prizes be paid in money or merchandise? money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? yes ❑ no lames, will a char e be made for such refreshments? yes ❑ no Came Information Location lit Name of location where game will be played Phone Number �Addres.s gf lavation where game will he played City .State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM flours ofthe day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise WilI refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no ['in of there hrnson rlppfiCuhon fior (:ambling Devices License puge3rf3 Officers of the Organization (if necessary, list additional names on separate sheet) Name ! l2esldence Adda Title I' p es.s City State Name R S d fh � Title jiI(m _ _ Reesidence Address tCity State Zip .Name � � (•��' ..- 51�!I —. �7�T�� ��' j f Ll iL Residence AddressW� fs 'f +°if3'- awe Officers or Other Persons Paid for Services Information (ifnecessary, Rs; additional Humes an se agate sheet ---- _ _ Name Title ---- Residence Address City State Zip - - Name Title _— Residence Address Crr} State - Zip-- - _-- Name Residence Address City Stale Zip _ Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws. ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesot a Statutes Chapter 349)? Gambling Manager yes ❑ no / Authorized Officer U yes ❑ no I' lnariu! nt1la! 1 declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and 1 will familiarize myself with the contents thereof. Xgnature of authorized o 'cer cif organization Signature (� an Kling manager ref organization Internal Use On 6-- 9 Date r ? /F Date City Council ❑ approved ❑ denied Notes: HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: g Short -Term Gambling License -Fire Dept. Relief Association Department: Administration LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff Consent Agenda Time Requested (Minutes): License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: The Hutchinson Fire Department Relief Association has submitted a short-term gambling license application into administration for review and processing. The application is for an event the organization is holding on September 8, 2018. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short-term gambling license to Hutchinson Fire Department Relief Association on September 8, 2018. 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: oily o I 1 111assan Street Southeast Ilutchinsan. MN 55350 (320) 587-5151 Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30_ ' days before event in order to be considered Application TXpe ® Short Term Date(s) q1 % /15 — q 1 ,gjl f5 Fee: $30M _ Mo ihl aylYear — Moat lW ylYear Organization Infattrration Nam Phone Number 2P5 3M PUL Sf- M/V Z&! Address where regular meeting are held City State Zip Federal or State ID_ �IV Day and time of meetings? G �; y Is this organization organized under the laws of the State ofMinnesota? yes �] ❑ no How long has the organization been in existence? How may members in the organization? What is the purpose of the organization? Pert �PrlS,yr►5 �� In whose custody will organization records be kept? V► 3;)y 75Y'-7- a50(1 Name Number !!�� �( i _ + 49V5 �r'• — Zi hif15[7L � �P.�,hione ► w Address city State zip Duly Authorized Officer of the Organization Information 7rue Name Phone Number 3007C7o k=D t,l i jtn5�r� 1 11.Z Res i ence Address City State Zip Date of Birth: z- 1 C?q 1 � 9 �4 Place of Birth Month/daylyear Have you ever been convicted of any crime other than a traffic offense? If yes, explain; City State yes #no C ;An of th achin.son ApplicaiionforGamb1mg Devices License Page 2 of .3 11 Designated Gambling Manager (Qualified under Minnesota Statute 4329) 11 k4lL -]2c) 5-.�3 66�2 Trite Name Phone Number Residence address Cit}, gale Zip Date of Birth: 5 1 2 2 / MI3 Place of Birth: aCfU i 4 MOO Momhldaylyear City Stare Have you ever been convicted of any crime other than a traffic offense? ❑ yes &no If yes, explain: How long have you been a member of the organization? Game Information Location # l 20' 997 - .?-SF o Name gI''flloc9ation where game will be played Number j �1t� —765 /.1.�� ■■ y1. 5E �'i 1`sib✓5 /l /Pjhone ��N �__� > .4ddress of lucalion where game will be played city State 'lip Date(s) and/or day(s) gambling devices will be used: irough Hours of the day gambling devices will be used: From 40 pM AM To �j: 00 Maximum number of player: iA.VI l �yyUk—A. � I?",_ P Will prizes be paid in money or merchandise? J811 money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? I yes ❑ no If es, will a charge be made for such refreshments? ❑ yes no Game Information Location #2 Name rflocation where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: _ through AM Hours of the day gambling devices will be used: From pM AM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no (';A, eJ )hachln.con fpplicalloafor GarnhGi�k bevices License Page: 3 of Officers of the Organization (if necessary, list additional names on se orate sheet Name Title Residence Address Cite Stale Zip Name Title Residence Address city State Zip Name Title Residence Address cin, State 41P Officers or Other Persons Paid for Services Information (ifnecessary, list additional names on se arale sheet) Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title _ Residence Address C' try Stale zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 1 14.20 and Minnesota Statutes Chapter 349)? Gambling Manager 11] yes ❑ no _ Authorized Officer byes ❑ no Initial Initial 1 declare that the information I have provided on this application is truthful, and [ authorize the City of Hutchinson to investi'gate the information submitted. Also, l have received from the City of Hutchinson a copy of the City Ordinance No. 1 14.20 relating to gambling and [ will familiarize myself with the contents thereof. Signature of authoril ed of cer of organization Date uhling manager of organization Dale Internal Use On City Council ❑ approved 0 denied Notes: HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Approval of Project Change/Work Orders and Supplemental Agreements Department: PW/Eng LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA 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. 1 — Letting No. 2/Project No. 18-02 — 2nd Avenue SE Bridge Replacement This Change Order addresses the need for additional asbestos removal from the existing water piping and the installation of a flotation silt curtain. This Change Order does result in an increase to the Contract amount $3,300.00. This action does not extend the Final Completion Date. - Change Order No. 1 — Letting No. 6/Project No. 18-06 — 2018 Street Seal Coating This Change Order addresses the opportunity to perform additional work at a favorable bid unit price. The proposed additional work would address the pavement surfacing at the HATS facility by applying a seal coat and fog seal. This Change Order does result in an increase to the Contract amount of $34,110.00. This action does not extend the Final Completion Date. BOARD ACTION REQUESTED: Approval of Change Orders 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: STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER Page 1 of 1 City/County of City of Hutchinson Change Order No. 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 133-109-008 L2P18-02 L2P18-02 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Structural Specialties Inc 2nd Avenue SE 20498 State Hwy 15 N TOTAL CHANGE ORDER AMOUNT Hutchinson, MN 55350 $3,300.00 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Change Order addresses the need for additional asbestos removal from the existing water piping and the installation of a flotation silt curtain. This Change Order results in an increase to the Contract in the amount of $3,300.00. This Change Order does not extend the Final Completion Date. COST BREAKDOWN Item No. Item Unit Unit Price Quantity Amount 2104.601 REMOVE ASBESTOS MATERIAL LUMP SUM $2,000.00 1 $2,000.00 2573.603 INSTALL FLOTATION SILT CURTAIN LIN FT $10.00 130 $1,300.00 Change Order No. 1 Total: $3,300.00 * Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ X ] 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 By Project Engineer: Kent Exner Approved By Contractor: Structural Specialties Inc Signed Signed Date: Phone: (320) 234-4212 Date: Phone: (320) 587-6719 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: Orig. Contract: $999,789.00 Orig. Contract + Change Orders: $1,003,089.00 Page 1 of 1 HUTCHINSON CITY CENTER City° ENGINEERING DEPARTMENT JJ 111 HASSAN STREET SE, HUTCINSON MN 55350 Aw PHONE:320-234-4209 FAX:320-234-4240 LETTING NO. 6 - PROJECT NO. 18-06 (L6P18-06) Dated: 06/20/2018 CHANGE ORDER NO. 1 Page 1 of 1 Project Multiple Citystreet segments with the City of Hutchinson Location: CONTRACTOR: Pearson Bros, Inc, 11079 Lamont Ave NE, Hanover MN 55341 - 763-391-6622 - missy@pearsonbrosinc.com Contract $186,216.80 Original Completion: 08/10/2018 Revised Completion Date: NA Amount: This Change Order addresses the opportunity to perform dditional work at a favorable bid unit price. The additional Description work would address the pavement surfacing at the HATS facility by applying a seal coat and fog seal. This Change of Change: Order results in an increase to the Contract amount of $34,110.00. This Change Order does not extend the Final Completion Date. In accordance with the terms of this Contract, you are hereby authorized and instructed to pertorm the work as altered by the following provisions. Item No. Item Unit Unit Price Quantity Amount 1 Seal Coating Lump Sum $34,110.00 1 $34,110.00 TOTAL CHANGE ORDER $34,110.00 ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS�DEDUCTIONS THIS ADDITION/DEDUCTION TOTAL $186,216.8011 $0.00 $34,110.00 $220,326.80 CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ X ] 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 - Pearson Bros Inc City of Hutchinson - Mayor: Gary Forcier Dated: Dated: 06/26/2018 Approved: Approved: City of Hutchinson - City Engineer: Kent Exner City of Hutchinson -City Administrator: Matt Jaunich Dated: Dated: 06/26/2018 m STATE AID FOR LOCAL TRANSPORTATION WORT{ ORDER FOR MINOR EXTRA WORK Page 1 of 1 City/County of City of Hutchinson Work Order No. 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 133-109-008 L2P18-02 L2P18-02 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Structural Specialties Inc 2nd Avenue SE 20498 State Hwy 15 N Hutchinson, MN 55350 TOTAL WORK ORDER AMOUNT $3,300,00 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Work Order addresses the need for additional asbestos removal from the existing water piping and the installation of a flotation silt curtain, This Work Order results in an increase to the Contract in the amount of $3,300,00. This Work Order does not extend the Final Completion Date. COST BREAKDOWN Item No. I item Unit Unit Price I Quantity Amount Funding Category No. 002 2104,601 REMOVE ASBESTOS MATERIAL LUMP SUM $2,000.00 1 $2,000.00 2573,603 INSTALL FLOTATION SILT CURTAIN LIN FT $10.00 130 $1,300,00 Funding Category No. 002 Total: $3,300.00 Work Order No. 1 Total: $3,300.00 r-uttu111Gj ;dteyuiy n3 requires Tor reperar pr0JectS. Approved By Project Engineer: Kent Exner Approved By Contractor: Structural Specialties Inc Signed Signed Date: Phone: (320) 234-4212 Date: Phone 320 587-6719 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available. This project is eligible for Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: brig. Conlrari. $W9.789.00 Ong. Contract . Work Orderslchange Orders: $1,003,0a13.00 ]�`--� 1 � '' `-Page 1 of 1 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Items for Century Avenue SE Reconstruction (L1/P18-01) Department: PW/Eng LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set the Assessment Hearing and potential Project Award for the above referenced letting at their July 24th meeting. Construction bids will be received on Friday, June 22nd. Thus, the final drafts of the necessary Resolutions and associated documents reflecting the apparent low bid amount will be provided at the City Council meeting. Please note that the construction bidding results and proposed project funding will be reviewed by the Resource Allocation Committee at their regular July meeting prior to the July 24th City Council meeting. City staff has had ongoing communications with adjacent property owners in regards to the proposed project improvements and estimated improvement special assessment amounts throughout the project development process. At this point, staff has not heard of any significant concerns or issues regarding this project's implementation. We recommend that the forthcoming final drafts of the attached Resolutions be approved. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14910 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA5118 LETTING NO. 1/PROJECT NO. 18-01 WHEREAS, cost has been determined for the improvement of: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances, and the construction cost for such improvement is $ . With expenses incurred or to be incurred in the making of such improvement in the amount of $ the total cost of the improvement is $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , and the portion of the cost to be assessed against benefited property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over a proposed period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of _ percent per annum from November 1, 2018. 3. 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SA5118 LETTING NO. 1/PROJECT NO. 18-01 WHEREAS, by a resolution passed by the Council on the 26th day of June, 2018, the City Engineer was directed to prepare a proposed assessment of the cost of improving: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances. WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 24th day of July, 2018, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2018. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 26th day of June 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich RESOLUTION NO. 14910 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA5118 LETTING NO. 11PROJECT NO. 18-01 WHEREAS, cost has been determined for the improvement of: Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminoustconcrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances, and the construction cost for such improvement is $2,050,474.81. With expenses incurred or to be incurred in the making of such improvement in the amount of $430,599.71, the total cost of the improvement is $2,481,074.52. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $2,146,555.39, and the portion of the cost to be assessed against benefited property owners is declared to be $334,519.13. 2. Assessments shall be payable in equal annual installments extending over a proposed period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of ____ percent per annum from November 1, 2018_ 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 26th day of June 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Items for 2018 Pavement Management Program (1-4/P18-04) Department: PW/Eng LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff requests that the City Council approve the appropriate Resolutions to set the Assessment Hearing and potential Project Award for the above referenced letting at their July 24th meeting. Construction bids will be received on Monday, June 25th. Thus, the final drafts of the necessary Resolutions and associated documents reflecting the apparent low bid amount will be provided at the City Council meeting. Please note that the construction bidding results and proposed project funding will be reviewed by the Resource Allocation Committee at their regular July meeting prior to the July 24th City Council meeting. City staff has had ongoing communications with adjacent property owners in regards to the proposed project improvements and estimated improvement special assessment amounts throughout the project development process. At this point, staff has not heard of any significant concerns or issues regarding this project's implementation. We recommend that the forthcoming final drafts of the attached Resolutions be approved. BOARD ACTION REQUESTED: Approval of Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14912 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA5120 LETTING NO. 4/PROJECT NO. 18-04 WHEREAS, cost has been determined for the improvement of: 2018 Pavement Management Program: Northwoods Ave NE (Main St N to Maple St NE), 11th Ave NE ( Elm St NE to Maple St NE), and Spruce St NE (College Ave NE to Northwoods Ave NE); roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous surfacing, storm sewer, water distribution, sanitary sewer, street lighting, landscaping, restoration and appurtenances, and the construction cost for such improvement is $ . With expenses incurred or to be incurred in the making of such improvement in the amount of $ the total cost of the improvement is $ NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $ , and the portion of the cost to be assessed against benefited property owners is declared to be $ 2. Assessments shall be payable in equal annual installments extending over a proposed period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of _ percent per annum from November 1, 2018. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 26th day of June 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich ' ((§ ()k\ § §§ \ \ {!; ) \ )) ( \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ( / E. E. \ K2ƒ(/! - k / § j\- 0 z 0 z�»\}) k ! § § \ § �it0» § ]z00 _ - § 43 ( - - - - - \ / I> J I (; OU \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 01815 § § § ©^- , , , , _ _ , : , -- -- , -- §k ( |®)k§ ;§w!§ ! |$ § §§ § § \\ \ {!; ~ \ \ \ \ ) \ ) § § § § § § § § [ [ ) r o. a ~ \ k } (\ § k / § j\ ))\}\o z1*»\}) k ! § § \ -o § ]z;{{) _ ({ &£- {) 7 7 7## 7 7## 7 7 7 7 7 7 7## 7 § §wf §43 4343 \}\ k - / § _ \ \43 \ \ } \ \ \ \ \ \ \ } \ \ » (; \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ } \ / / M J J k § § § amp \ \� |®)k§ ;§w!§ ! |$ § §( kk \ \ \ wu {!; ~ § [ [ [ / § ) [ [ [ ) ) [ \ \ \ \ \\ \\ \\ \\ \\ \\ \ to \ } \ \ \ \\ \\ \} \\ �\ ( K 2 ƒ (/§ \) k § / ) ) \ z o - - - - - z�»\}) §z!§\ -o -o § ]z;=l® 43 ( { k $ \£ - - - - - - - - - - - - - m \ Eko /\§ § §wf ! t » LM < f\\ k < / d y � rk 0 , !7E F- z k § / Ln < « a \ � \} � f§0 ! » (; dF7 ou § \ \ \ \ \ \ \ \ \ \ \ \ \ £ J J k §§ § ©^- RESOLUTION NO. 14913 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA5120 LETTING NO. 4/PROJECT NO. 18-04 WHEREAS, by a resolution passed by the Council on the 26th day of June, 2018, the City Engineer was directed to prepare a proposed assessment of the cost of improving: 2018 Pavement Management Program: Northwoods Ave NE (Main St N to Maple St NE), 11th Ave NE ( Elm St NE to Maple St NE), and Spruce St NE (College Ave NE to Northwoods Ave NE); roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous surfacing, storm sewer, water distribution, sanitary sewer, street lighting, landscaping, restoration and appurtenances. WHEREAS, the City Engineer has notified the Council that such proposed assessment has been completed and filed in his office for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 24th day of July, 2018, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2018. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 26th day of June 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich RESOLUTION NO. 14912 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. SA6120 LETTING NO.41PROJECT NO. 18-04 WHEREAS, cost has been determined for the improvement of: 2018 Pavement Management Program: Northwoods Ave NE (Main St N to Maple St NE), 11th Ave NE ( Elm St NE to Maple St NE), and Spruce St NE (College Ave NE to Northwoods Ave NE); roadway reconstruction by construction of grading, curb and gutter, draintile installation, bituminous surfacing, storm sewer, water distribution, sanitary sewer, street lighting, landscaping, restoration and appurtenances, and the construction cost for such improvement is $1,572,106.30. With expenses incurred or to be incurred in the making of such improvement in the amount of $330,142.32, the total cost of the improvement is $1,902,248.62. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,616,954.18, and the portion of the cost to be assessed against benefited property owners is declared to be $285,294.44. 2. Assessments shall be payable in equal annual installments extending over a proposed period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2019 and shall bear interest at the rate of _ percent per annum from November 1, 2018. 3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 26th day of June 2018. Mayor, Gary Forcier City Administrator, Matthew Jaunich a s 2 �p a w o z m 4 R ? 4u � � $ ? g 4u � ❑ ° � $ Q h ^ ❑ � 8 g $ g � `� $ H � 4 YS qq S E i x ❑ ❑ m n Z W J m m m _ _ _ u c L m O a n R E s V 2 n a 4 ¢ 8 g 8 W r x C 4 m p 3 12 � D❑ f u � Z z o a 6131,]7V S Q T-9. 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JUNE COST OF GOODS - LIQUOR 893.78 06/26/2018 201367 ARNESON DISTRIBUTING CO JUNE COST OF GOODS - LIQUOR 503.13 06/26/2018 201368 ARTISAN BEER COMPANY JUNE COST OF GOODS - LIQUOR 2,066.35 06/26/2018 201369 AUTO VALUE - GLENCOE HATS AC MACHINE & VARIOUS AUTO R&M SUPPLIES 3,753.51 06/26/2018 201370 BELLBOY CORP JUNE COST OF GOODS - LIQUOR 3,976.96 06/26/2018 201371 BELLE PLAINE FASTPITCH ASSOCIATION TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201372 BENNY'S MEAT MARKET HOT DOGS FOR TOURNAMENT CONCESSIONS 387.50 06/26/2018 201373 BERNICK'S JUNE COST OF GOODS - LIQUOR 1,388.25 06/26/2018 201374 BIO-TEC EMERGENCY SERVICES SQUAD 1: PROG MGMT, CLEAN UP, PPE, STERI 205.00 06/26/2018 201375 BMI ANNUAL MUSIC LICENSING FOR CIVIC ARENA 349.00 06/26/2018 201376 BRANDON TIRE CO TIRE PATCHING ON THREE VEHICLES 134.92 06/26/2018 201377 BREAKTHRU BEVERAGE JUNE COST OF GOODS - LIQUOR 27,363.63 06/26/2018 201378 BRENDAN KEILEN LANDSCAPING REIMB 186.03 06/26/2018 201379 BRENNAN WYATT TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201380 BROWNTON AREA BASEBALL & SOFTBALL REFUND FOR 10U TOURNAMENT CANCELLATION 150.00 06/26/2018 201381 C & L DISTRIBUTING JUNE COST OF GOODS - LIQUOR 26,192.95 06/26/2018 201382 CARDIAC SCIENCE DEFIB PAD FOR SQUAD 40.80 06/26/2018 201383 CARLOS CREEK WINERY JUNE COST OF GOODS - LIQUOR 288.00 06/26/2018 201384 CARLTON PLANTS TREES -GINKGO, HONEYLOCUST, CRABAPPLE, IR 3,419.20 06/26/2018 201385 CENTRAL HYDRAULICS VARIOUS R&M SUPPLIES 227.65 06/26/2018 201386 CENTRAL MCGOWAN HATS SHOP: ACETYLENE, HIGH PRESSURE 138.88 06/26/2018 201387 CHAD HESS TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201388 CHRIS CARRIGAN REFUND: CANCELLING GRAD PARTY @ NORTHWOO 36.00 06/26/2018 201389 CINTAS CORPORATION CRT BLUE/CABINETS, MATS 136.30 06/26/2018 201390 CREEKSIDE SOILS VARIOUS PRODUCTS FOR PARKS DEPT 926.93 06/26/2018 201391 CROW RIVER AUTO & TRUCK REPAIR 2016 CAPRICE: OIL CHANGE 84.63 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 06/13/2018 - 06/26/2018 Check Date Check Vendor Name Description Amount 06/26/2018 201392 CROW RIVER PRESS INC SCULPTURE STROLL BROCHURES/SR NEWSLETTERS 1,067.95 06/26/2018 201393 CROW RIVER WINERY JUNE COST OF GOODS - LIQUOR 957.01 06/26/2018 201394 DARRELL HOFER TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201395 DELL MARKETING L.P. 2 COMPUTER MONITORS- CREEKSIDE/ WATER 481.17 06/26/2018 201396 DPC INDUSTRIES INC CHEMICALS FOR WTP 2,709.76 06/26/2018 201397 ECOLAB PEST ELIMINATION COCKROACH/RODENT PROGRAM 64.93 06/26/2018 201398 ERICKSON ENGINEERING CO LLC SERVICES FOR 2ND AVE BRIDGE 4,545.06 06/26/2018 201399 FARM -RITE EQUIPMENT BOBCAT REPAIRS AND NEW TIRES 1,138.72 06/26/2018 201400 FASTENAL COMPANY VARIOUS R&M SUPPLIES 559.54 06/26/2018 201401 FIRST ADVANTAGE LNS OCC HEALTH SOLU ANNUAL ENROLLMENT 262.88 06/26/2018 201402 GAVIN, DONLEY & OSTLUND, LTD MAY LEGAL SERVICES 3,300.00 06/26/2018 201403 GODFATHER'S EXTERMINATING INC ANT CONTROL- CITY CTR, LIBRARY, SR DINE, FIRE 600.00 06/26/2018 201404 GRAINGER VARIOUS R&M SUPPLIES 577.08 06/26/2018 201405 GREEN EARTH LAWN CARE INC LAWN MOWING 3 NUISANCE LOTS 150.00 06/26/2018 201406 GRIMES DESIGN 5 STAR MULTI -DIRECTIONAL HYDRANT DIFFUSE 192.71 06/26/2018 201407 HACH COMPANY AMMONIAANALYZER SERVICE CONTRACT- WTP 4,203.00 06/26/2018 201408 HAGER JEWELRY INC. WATER CARNIVAL ROYALTY CITY GIFT 131.50 06/26/2018 201409 HALQUIST, DAVID REIMB: MILEAGE TO CCLD TRAINING IN REDWOOD 70.85 06/26/2018 201410 HAWKINS INC 50# BAG FLAKE - WATERPARK CHEMICALS 529.80 06/26/2018 201411 HENRY'S WATERWORKS INC VALVE BOXES - WTP SUPPLIES 476.36 06/26/2018 201412 HILLYARD/HUTCHINSON CLEANING/JANITORIAL SUPPLIES 302.48 06/26/2018 201413 HOHENSTEINS INC JUNE COST OF GOODS - LIQUOR 574.00 06/26/2018 201414 HUTCH AUTO BODY 2017 CAPRICE: REPAIR PILLARS, ROCKER & FLOOR 972.40 06/26/2018 201415 HUTCHFIELD SERVICES INC JANITORIAL: JUNE 2018- HATS FACILITY 1,415.00 06/26/2018 201416 HUTCHINSON CO-OP REFUEL DEPTTANKS - CREEKSIDE AND PARKS 14,690.17 06/26/2018 201417 HUTCHINSON HEALTH MONTHLY EMPLOYEE TESTING 357.00 06/26/2018 201418 HUTCHINSON LEADER MAY PUBLICATIONS 77.35 06/26/2018 201419 HUTCHINSON SENIOR ADVISORY BOARD JUNE SR TOUR - VALENTINO'S RESTAURANT, FAGEN 1,285.00 06/26/2018 201420 HUTCHINSON UTILITIES MAY UTILITIES 5/1- 6/1'18 71,474.07 06/26/2018 201421 HUTCHINSON WHOLESALE #1550 SHOP SUPPLIES - HATS 557.84 06/26/2018 201422 HUTCHINSON WHOLESALE #1552 SHOP SUPPLIES - PARKS DEPT 25.16 06/26/2018 201423 HUTCHINSON WHOLESALE #2520 SHOP SUPPLIES - FIRE DEPT 23.90 06/26/2018 201424 HUTCHINSON, CITY OF Storm Drainage 5/1-5/31'18 5,923.28 06/26/2018 201425 I.M.S. SHARPENING SERVICE CATCH BASIN REPAIRS 1,800.00 06/26/2018 201426 INDUSTRIAL PNEUMATIC SYSTEMS DRIVE BELT FOR WTP 131.95 06/26/2018 201427 INGSTAD BROADCASTING KARP GRADUATION ADVERTISING - POLICE 92.80 06/26/2018 201428 INTERSTATE BATTERY SYSTEM MINNEAPOL SHOP PARTS FOR STREETS DEPT 699.39 06/26/2018 201429 IOWA DEPT OF AGRICULTURE ANNUAL LICENSE RENEWAL - CREEKSIDE 20.00 06/26/2018 201430 ISD #423 MAY 2018 CLASSES 1,468.00 06/26/2018 201431 J & J DUST CONTROL DUST CONTROL: LES KOUBA PKWY, CAMPGROUND 3,300.00 06/26/2018 201432 JEFF MEEHAN SALES INC. APRIL 2018 CREEKSIDE COMMISSIONS 21,016.53 06/26/2018 201433 JESSE TREBIL FOUNDATION SYSTEMS INC REFUND FOR BLDG PERMIT PB18-0271 52.62 06/26/2018 201434 A TAYLOR DIST OF MN JUNE COST OF GOODS - LIQUOR 7,344.96 06/26/2018 201435 JOHNSON BROTHERS LIQUOR CO. JUNE COST OF GOODS - LIQUOR 16,036.25 06/26/2018 201436 JUUL CONTRACTING CO EMERGENCY WATER MAIN BREAK/ OTHER REPAIRS 11,335.55 06/26/2018 201437 KAHNKE BROTHERS NURSERY TREES FOR PARKS DEPT AND AQUATIC CENTER 296.55 06/26/2018 201438 KATZ-JAMES, GAIL HONORARIUM FOR HUTCH SCULPTURE STROLL 1,000.00 06/26/2018 201439 KENT, JOHN MPCA LICENSE EXAM - WWTP 71.68 06/26/2018 201440 KERI'S CLEANING 6/1-6/15 CLEANING & STRIP/WAX FLOORS AT SR DINE 3,049.00 06/26/2018 201441 KIMBALL SPORT BOOSTER CLUB REFUND FOR 10U FASTPITCH TOURNAMENT (RAI 300.00 06/26/2018 201442 KNIFE RIVER CORPORATION WASHED ROCK: FORESTRY BEDS 616.00 06/26/2018 201443 KONRAD MATERIAL SALES, LLC UPM BAG ASPHALT PATCH - SPRING/FALL MIX 2,511.60 06/26/2018 201444 KRIS ENGINEERING SHOP PARTS: ADAPTER PLATES 798.04 06/26/2018 201445 L & P SUPPLY CO MOWER REPAIR PARTS FOR PARKS DEPT 3,704.76 06/26/2018 201446 LEAGUE OF MN CITIES 2018 ANNUAL CONFERENCE - JAUNICH & LOFDAHL 900.00 06/26/2018 201447 LEAGUE OF MN CITIES -INS TRUST SETTLEMENT OF CLAIM #C0036219 3,244.71 06/26/2018 201448 LEVINE, ERIC REIMB: THERMOSTAT REPLACEMENT 127.50 06/26/2018 201449 LIQUOR HUTCH SLUSHIE MIX FOR WATERPARK CONCESSIONS 47.88 06/26/2018 201450 LOCHER BROTHERS INC JUNE COST OF GOODS - LIQUOR 35,767.00 06/26/2018 201451 LOGIS NETWORK THRU 5/19/18 6,229.65 06/26/2018 201452 LTP ENTERPRISES LABOR/MATERIALS -WELL #8 PUMP REPLACEMENT 40,775.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 06/13/2018 - 06/26/2018 Check Date Check Vendor Name Description Amount 06/26/2018 201453 LYNDE & MCLEOD INC. MAY 2018 YARDWASTE - CREEKSIDE 1,537.23 06/26/2018 201454 MARCO TECHNOLOGIES, LLC MAY Cost per Print - CITY CENTER COPIERS 1,665.81 06/26/2018 201455 MATHESON TRI-GAS INC ACETYLENE, HIGH PRESSURE 17.52 06/26/2018 201456 MAYTAG LAUNDRY & CAR WASH SERVICES: 5/2, 5/17, 5/24, 5/30 - EVENT CENTER LINEN 275.41 06/26/2018 201457 MCLEOD COUNTY RECORDER RECORDING FEES - RESOLUTIONS 435504 & 435505 92.00 06/26/2018 201458 MEDICA July Medical Insurance 142,185.08 06/26/2018 201459 MEEKER WASHED SAND & GRAVEL SAND FOR CREEKSIDE INVENTORY 3,199.44 06/26/2018 201460 MEI TOTAL ELEVATOR SOLUTIONS JUN-JUL SERVICE ON LIBRARY ELEVATOR 183.33 06/26/2018 201461 MENARDS HUTCHINSON VARIOUS R&M SUPPLIES 1,702.79 06/26/2018 201462 MESSAGE MEDIA U.S.A., INC MAY SERVICES - POLICE 30.00 06/26/2018 201463 MICROBIOLOGICS INC LAB SUPPLIES FOR WWTP 150.62 06/26/2018 201464 MILLNER HERITAGE VINEYARD & WINERY JUNE COST OF GOODS - LIQUOR 712.80 06/26/2018 201465 MINI BIFF MAY RENTALS - PARKS (3), PD RANGE (1) 308.04 06/26/2018 201466 MINNEAPOLIS, CITY OF APRIL 2018APS FEES 50.40 06/26/2018 201467 MINNESOTA DEPT OF LABOR & INDUSTRY ELEVATOR ANNUAL OPE - LIBRARY 100.00 06/26/2018 201468 MINNESOTA VALLEY TESTING LAB WWTP SAMPLE TESTING 1,127.70 06/26/2018 201469 MORGAN CREEK VINEYARDS JUNE COST OF GOODS - LIQUOR 168.00 06/26/2018 201470 MRPA SOFTBALLTEAM REGISTRATIONS 176.00 06/26/2018 201471 MWOA TIM GRATKE REGISTRATION: 42ND ANNUAL CONF 250.00 06/26/2018 201472 NEW ULM BLUE 12U TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201473 NORTH CENTRAL LABORATORIES CHEMICALS FOR WWTP 476.50 06/26/2018 201474 NORTHERN BUSINESS PRODUCTS VARIOUS OFFICE SUPPLIES 207.66 06/26/2018 201475 NORTHERN SAFETY TECHNOLOGY STREETS SHOP PARTS: LIGHTBAR, LINZ LIGHT 927.42 06/26/2018 201476 NORTHERN STATES SUPPLY INC MARKERS, SAW BLADES, HEX CAP - HATS FACILITY 54.93 06/26/2018 201477 NORTHERN TIER TRANSPORTATION LLC CREEKSIDE FREIGHT TO HERMANTOWN & DULUTH 1,250.00 06/26/2018 201478 NU -TELECOM JUNE PHONE SERVICES 76.12 06/26/2018 201479 O'REILLY AUTO PARTS TRACTOR: GAUGE - PARKS DEPT 69.98 06/26/2018 201480 OFFICE DEPOT VARIOUS OFFICE SUPPLIES 148.78 06/26/2018 201481 ORIGINAL WATERMEN, INC WATERPARK UNIFORMS 2,192.98 06/26/2018 201482 PACE ANALYTICAL SERVICES LLC POND SEDIMENT ANALYSIS; 3 PONDS - STORMWATER 922.35 06/26/2018 201483 PATRICIA OLSON REPURCHASE 2 GRAVES 800.00 06/26/2018 201484 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMP STAFFING - MAY/DUNE 2,870.04 06/26/2018 201485 PHILLIPS WINE & SPIRITS JUNE COST OF GOODS - LIQUOR 19,703.13 06/26/2018 201486 PLUNKETTS PEST CONTROL GENERAL PEST CONTROL - CIVIC ARENA 102.75 06/26/2018 201487 PMC WONDER BLEND REBATE: MO FEE, FULLFILLMEN 1,696.49 06/26/2018 201488 POSTMASTER SENIOR NEWSLETTERS POSTAGE 100.00 06/26/2018 201489 PRECAST SYSTEMS PADS FOR BENCHES - PARKS DEPT 3,500.00 06/26/2018 201490 PRIEVE LANDSCAPING & LAWN CARE 6/1 ROUNDUP APPLICATION & PULL WEEDS 106.88 06/26/2018 201491 PRO AUTO MN INC. OIL CHANGE AND AUTO REPAIRS 581.67 06/26/2018 201492 PULKRABEK, MITCH UB refund for account: 1-270-7460-0-01 432.36 06/26/2018 201493 QUADE ELECTRIC ELECTRIC WORK ON WELL#8 PUMP PROJECT 374.75 06/26/2018 201494 QUILL CORP VARIOUS CLEANING SUPPLIES 405.69 06/26/2018 201495 RAHN PAINTING & CONTRACTING LLC MOWING OF 6 NUISANCE LOTS 375.00 06/26/2018 201496 RATH, DARYL REIMB: MILEAGE & MEALS - ROCHESTER FIRE SCHOOL 233.38 06/26/2018 201497 REFLECTIVE APPAREL FACTORY INC WATERPROOF JACKETS - STREETS DEPT 150.60 06/26/2018 201498 REINDERS ELECTRICAL SUPPLIES FOR VARIOUS FACILITIES 1,243.68 06/26/2018 201499 REINER ENTERPRISES INC FLATBED TRUCKING FOR CREEKSIDE PRODUCT 3,070.94 06/26/2018 201500 REVIER WELDING STRT-592-SKD: 3/16 SHEET; PLASMA CUT CHARGE 183.50 06/26/2018 201501 ROCORI FLAMES REFUND FOR 10U TOURNAMENT (RED & BLACK) 300.00 06/26/2018 201502 SCHELITZCHE, JAY REIMB: FOOTWEAR 229.90 06/26/2018 201503 SCHROEDER, MAGGIE REIMB: GAS FOR CONFERENCE (USED CITY VEHICLE) 42.03 06/26/2018 201504 SIGNATURE MASONRY INC. REMOVE OLD JOINT SEALER & FILL - HATS BUILDING 9,490.00 06/26/2018 201505 SIMONSON LUMBER CO NEW KEYS MADE FOR DEPOT 46.00 06/26/2018 201506 SITEONE LANDSCAPE SUPPLY PARKS DEPT - LANDSCAPING / CHEMICAL SUPPLIES 810.39 06/26/2018 201507 SNAP -ON INDUSTRIAL CURB STOP SOCKETS - WTP 64.44 06/26/2018 201508 SOIL CONTROL LAB FINISHED COMPOSTTESTING - CREEKSIDE 1,047.00 06/26/2018 201509 SCRENSEN'S SALES & RENTALS CHAIN, LINK 33.00 06/26/2018 201510 SOUTHERN MINNESOTA INSPECTION PERIODIC &ANNUALAUTO LIFT INSPECT- FIRE 992.30 06/26/2018 201511 SOUTHERN WINE & SPIRITS OF MN JUNE COST OF GOODS - LIQUOR 10,357.33 06/26/2018 201512 ST. PAUL, CITY OF POLICE CYCLIST COURSE: B ERLANDSON 395.00 06/26/2018 201513 STANDARD PRINTING-N-MAILING MAY MAILING SERVICE FOR CITY CENTER 594.47 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 06/13/2018 - 06/26/2018 Check Date Check Vendor Name Description Amount 06/26/2018 201514 STAPLES ADVANTAGE VARIOUS OFFICE SUPPLIES 911.53 06/26/2018 201515 STREICH TRUCKING CREEKSIDE FREIGHT TO VARIOUS LOCATIONS 3,551.05 06/26/2018 201516 STURGES, JASON REIMB: MILEAGE/MEALS, ROCHESTER FIRE SCHOOL 268.57 06/26/2018 201517 SUPERIOR JETTING MOBILIZATION, LABOR, TELEVISING EQUIP - WTP 4,525.00 06/26/2018 201518 SYSCO WESTERN MN CONCESSION PRODUCTS - WATERPARK & ROBERTS 1,707.01 06/26/2018 201519 THOMSON REUTERS-WEST MAY WEST INFO CHARGES - LEGAL 2,403.62 06/26/2018 201520 TRAFFIC SAFETY STORE ORANGE & WHITE WORKZONE CONE BARS - POLICE 431.00 06/26/2018 201521 TRI COUNTY WATER BOTTLE WATER DELIVERED TO VARIOUS FACILITIES 335.75 06/26/2018 201522 TRIMARK JUNE COST OF GOODS - LIQUOR 257.22 06/26/2018 201523 TRUE BRANDS JUNE COST OF GOODS - LIQUOR 78.54 06/26/2018 201524 UECKER, TROY SAFETY BOOT REIMBURSEMENT 175.00 06/26/2018 201525 ULINE COMFORT GRIP KNIFE- REC BUILDING 61.52 06/26/2018 201526 UNITED PACKAGING & DESIGN 3 SKIDS OF STRETCH FILM - CREEKSIDE 4,432.80 06/26/2018 201527 UNUM LIFE INSURANCE CO OF AMERICA July Life Insurance 2,313.37 06/26/2018 201528 URBAN SPRITE MEDIA 5/28 & 6/415 MIN SPOTS - CREEKSIDE ADVERTISING 750.00 06/26/2018 201529 USA BLUE BOOK PUMP WETEND REPAIR - WWTP 530.98 06/26/2018 201530 VERIZON WIRELESS MAY 3 - JUNE 2 CELLULAR SERVICES 423.78 06/26/2018 201531 VIKING BEER JUNE COST OF GOODS - LIQUOR 11,935.40 06/26/2018 201532 VIKING COCA COLA JUNE COST OF GOODS - LIQUOR 436.05 06/26/2018 201533 VINOCOPIA INC JUNE COST OF GOODS - LIQUOR 5,150.06 06/26/2018 201534 WASTE MANAGEMENT OF WI -MN REFUSE LANDFILL DISPOSAL MAY 15TH - 31ST 6,956.84 06/26/2018 201535 WECKMAN, JERROD REIMB: MEALS FOR ROCHESTER FIRE SCHOOL 16.11 06/26/2018 201536 WEGSCHEID, ZACHARY REIMB: FOOTWEAR 154.95 06/26/2018 201537 WELCOME NEIGHBOR HUTCH NEW RESIDENT VISITS 60.00 06/26/2018 201538 WEST CENTRAL SANITATION INC. MAY REFUSE HAULING SERVICES 48,334.28 06/26/2018 201539 WEST CENTRAL SHREDDING MONTHLY SHREDDING - CITY CENTER & POLICE 60.00 06/26/2018 201540 WINE COMPANY, THE JUNE COST OF GOODS - LIQUOR 1,004.55 06/26/2018 201541 WINE MERCHANTS INC JUNE COST OF GOODS - LIQUOR 753.66 06/26/2018 201542 WM MUELLER & SONS STREET MAINT MATERIALS 2,776.85 06/26/2018 201543 WPBR TOURNAMENT CANCELLED DUE TO WEATHER 225.00 06/26/2018 201544 ZEBEC OF NORTH AMERICA TUBES FOR WATERPARK - 20 SINGLES / 20 DOUBLES 1,066.75 Total- Check Disbursements: $ 990,220.76 Department Purchasing Card Activity - May 2018 Date Dept Vendor Name Description Amount 05/02/2018 ADMIN MNEFILE Filing Fees for City vs Westen Neumann 75.00 05/14/2018 ADMIN SUBWAY Meals -So you want to be an elected official workshop 72.18 05/15/2018 ADMIN MNEFILE Filing Fees for City vs Westen Neumann 75.00 05/02/2018 PLANNING NATIONAL BUSINESS INST. Class - current issues in zoning and subdivision. 359.00 05/07/2018 PLANNING SENSIBLE LAND USE COALITION Land Use class - residential lot sizes. 58.00 05/03/2018 POLICE QUARTERMASTER Park Patrol Equipment 417.60 05/03/2018 POLICE BCA/TRAINING & DEVELOPMENT Continuing Education Courses 130.00 05/07/2018 POLICE BCA/TRAINING & DEVELOPMENT Continuing Education Courses 130.00 05/07/2018 POLICE BCA/TRAINING & DEVELOPMENT Continuing Education Courses 130.00 05/08/2018 POLICE PAYPAL Continuing Education Courses 150.00 05/09/2018 POLICE HOLIDAY INN Hotel for Continuing Education Courses 658.72 05/09/2018 POLICE BEST WESTERN Hotel for Continuing Education Courses 377.46 05/15/2018 POLICE HOTELBOOKINGSERVFEE Hotel booking fee 12.99 05/15/2018 POLICE CCI HOTEL RESCOUNTER Hotel for SRT vehicle inspection 181.93 05/16/2018 POLICE GALLS LLC Police Equipment 102.22 05/28/2018 POLICE GALLS LLC Police Equipment 94.45 05/07/2018 FIRE QDOBA Lunch for Staff conducting prescribed burns all day 12.99 05/07/2018 FIRE QDOBA Lunch for Staff conducting prescribed burns all day 54.12 05/16/2018 FIRE MAIN STREET SPORTS BAR Staff food after large fire from 1:30pm-9pm 171.77 05/18/2018 FIRE WALMART Misc station supplies 94.68 05/01/2018 IT BESTBUY Mobile Printer Mike Schumann 179.99 05/02/2018 IT BESTBUY Ink for mobile printers inspections 34.98 05/02/2018 IT BESTBUY Ink for mobile printers inspections 17.49 05/03/2018 IT ILEEANN CHIN LOG IS IT meeting 13.51 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 06/13/2018 - 06/26/2018 Check Date Check Vendor Name Description Amount 05/04/2018 IT AMAZON Stapler for copy room 250.48 05/04/2018 IT AMAZON Toner for pool printer 90.99 05/07/2018 IT WEB NETWORKSOLUTIONS Domain Name Renewal 9yr 344.89 05/07/2018 IT AMAZON Surface Pro car chargers Dave and Ken 23.98 05/08/2018 IT AMAZON Staples for copy room 19.18 05/09/2018 IT AMAZON Car charger laptop Jerome Burmeister 24.99 05/11/2018 IT AMAZON Roll paper for mapping 23.09 05/11/2018 IT AMAZON DVD for body cam video 89.76 05/14/2018 IT BESTBUY USB Drives IT 14.97 05/21/2018 IT AMAZON KVM for Susteen PC investigations 246.17 05/17/2018 PUB WKS DISCOUNT STEEL -MN WWTF Equipment Repair Materials 253.87 05/18/2018 PUB WKS DISCOUNT STEEL -MN WWTF Equipment Repair Materials 58.82 05/04/2018 PRCE ZIPLINEGEAR Bungee Cord 48.73 05/07/2018 PRCE COMPLIANCESIGNS.COM Health Signage 49.50 05/11/2018 PRCE WHENIWORK.COM When I work software 80.65 05/15/2018 PRCE AMAZON Slatwall Mount Clipper 24.01 05/15/2018 PRCE CROWN AWARDS INC Softball Medals 26.92 05/16/2018 PRCE MCLEOD COUNTY HISTORICAL SOCIETY Historic Photo Rights 50.00 05/18/2018 PRCE PATIOLIVING.COM Patio Furniture 553.50 05/18/2018 PRCE EASYCANVASPRINTS.COM Historic Photo Reproduction 126.63 05/21/2018 PRCE HASTY AWARDS Softball Awards 563.25 05/21/2018 PRCE THE WEBSTAURANT STORE Concession Table and Casters 899.82 05/21/2018 PRCE ZIPLINEGEAR Zip Line Brake 150.28 05/22/2018 PRCE LIFEGUARD STORE, THE Guard Swimsuits - Waterpark 1,628.10 05/22/2018 PRCE LIFEGUARD STORE, THE Guard Swimsuits - Waterpark 1,125.00 05/24/2018 PRCE AMAZON Card Stock 220.20 05/25/2018 PRCE TEAM EXPRESS INTERNET Baseballs 5 Dz. 181.70 05/25/2018 PRCE AMAZON Post It Notes, Shipping Tape and Wall File 30.08 05/30/2018 PRCE AMAZON AED Trainer 198.00 05/31/2018 PRCE AMAZON Pens 11.99 05/31/2018 PRCE TARGET Baby Pool Diapers, Sunscreen and Sunblock 120.65 05/31/2018 PRCE DUNHAMS Kayak and Paddles 289.88 05/02/2018 CREEKSIDE WM SUPERCENTER Coffee for office 22.44 05/02/2018 CREEKSIDE WM SUPERCENTER Coffee for breakroom 22.44 05/25/2018 CREEKSIDE L & M SUPPLY Gift Card for consumer complaint 20.00 05/31/2018 CREEKSIDE SPS COMMERCE INC Monthly fees for UH, ACE Hardware and Bomgaars 277.50 05/01/2018 LIQUOR FACEBOOK Facebook advertising 7.43 05/16/2018 LIQUOR RETAIL INFORMATION TEC CardDefender monthly fee 42.75 05/17/2018 LIQUOR MENARDS HUTCHINSON cleaning supplies 41.80 05/23/2018 LIQUOR CTC CONSTANTCONTACT.COM Constant Contact email blast advertising 70.00 05/03/2018 EDA WM SUPERCENTER Flash drives and large mailing envelope 22.45 05/04/2018 EDA WM SUPERCENTER Desk calculator and mailing envelope 12.04 05/14/2018 EDA HUTCHINSON ACE Hose/Sprinkler to water Ent Center lawn and trees 84.79 05/21/2018 EDA ECONOMIC DEVELOPMENT ASSN OF MN EDAM summer conference 305.00 05/21/2018 EDA HUTCHINSON ACE key rings and tags etc 15.31 05/23/2018 EDA WALMART beverages for EDA monthly meetings 27.09 05/24/2018 EDA SUBWAY lunches for EDA Finance Team meeting 64.09 05/24/2018 EDA DELTA AIR 0067103424842 Airfare to Washington DC; IEDC awards judging panel 450.40 05/24/2018 EDA AGENT FEE Travel agent fee for airfare 30.00 05/28/2018 EDA SEARS Lawn mower for Enterprise Center 214.62 Total - Purchasing Cards 13,154.31 GRAND TOTAL 1,003,375.07 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: RESOLUTION CALLING FOR A PUBLIC HEARING TO UPDATE BUSINESS SW Department: EDA LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Meagan Donahue Agenda Item Type: Presenter: Meagan Donahue Reviewed by Staff Public Hearing Time Requested (Minutes): 5 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Periodically the City must review and update its Business Subsidy Policy, which requires a public hearing, per state statute. The EDA Board has reviewed Hutchinson's current policy and updated the language - making the following updates: 1. All references to the expired JOBZ program have been removed. 2. The wage requirements are expressed as a formula (which is given in Minnesota's Business Subsidy Statute), rather than being a fixed number. This eliminates the need for regular updates of the Policy. 3. The job retention /job creation requirement has been set at 1 FT / FTE job per $100,000 of assistance provided. This is only to give the City greater flexibility in providing business assistance. The EDA's goal is always to create as many jobs as possible with the public assistance being provided. Over the past decade every project receiving public assistance has created considerably more than 1 FT / FTE job per $100,000 of assistance provided. For background - Business Subsidy Policies are guidelines and criteria regarding the use of business subsidies, such as tax increment financing (TIF), tax abatement, and other business subsidies for private development projects within the City. This policy is used as criteria for providing subsidies in addition to the requirement and limitations set forth by provisions of Minnesota Statues Section 116J.993 to 116J.995 (Minnesota Business Subsidy Law), and the City's policy and guidelines of the particular form of subsidy. The EDA Board has reviewed the revised Business Subsidy Policy and are recommending its adoption. For your review two documents are attached: (1) a "mark-up" version showing all proposed changes, and (2) the final version to consider for adoption. BOARD ACTION REQUESTED: Adoption of the updated Business Subsidy Criteria. 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: Business Subsidy Policy Public Hearing Held Policy Adopted I. Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter -productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community whether it be retail, commercial or industrial in nature. These benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and / or increased economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively promote economic development within the city, be competitive vis-a-vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends, job creation, capital outlay and / or technology. II. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefit to the City, the City shall retain the option to amend or waive sections of this policy when it is determined to be necessary and / or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. III. Business Subsidy Public Purpose Business Subsidies may &ha# be provided in order to achieve any the following public purposes: 1. Enhance the economic diversity of the city 2. Create high quality job growth 3. Provide for job retention 4. Stabilize the community 5. Increase the tax base 2 The public purpose(s) of the Business Subsidy may include, but not be limited to, increasing the tax base of the community. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. This policy is adopted in compliance with M.S. § 116J.994 Subd. 2. IV. Definitions ..WMFMIffWAIIffZZ=MI "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy statute M.S. §§ 116J.993 - 116J.995. Business Subsidies do not include the following: 1. Assistance of less than $150,000. 2. Business loans or loan guarantees of $150,000 or less 3. Federal loan funds provided through the U.S. Economic Development Administration. 4. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of businesses, size, location or similar general criteria; 5. Public improvements to buildings or lands owned by the City of Hutchinson that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; 6. Property polluted by contaminants being redeveloped as defined in M.S. § 116J.552, subd. 3. 3 7. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance to designated historic preservation sites or districts, provided that the assistance is equal to or less than 50% of the total cost of the development; 8. Assistance to provide job readiness and training services; 9. Assistance for housing; 10. Assistance for pollution control or abatement, including assistance from a TIF hazardous substances sub -district; 11. Assistance for energy conservation; 12. Tax reductions resulting from conformity with federal tax law; 13. Workers compensation and unemployment compensation; 14. Benefits derived from regulation; 15. Indirect benefits derived from assistance to educational institutions; 16. Funds from bonds allocated under M.S., Chapter 47A refunding bonds and 501(c)(3) bonds; 17. Assistance for collaboration between a Minnesota higher education institution and a business; 18. Assistance from a tax increment financing soils condition district as defined under M.S.469.174, subd.19; 19. Redevelopment when the Recipients or Qualified Business' investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current years estimated market value; 20. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 21. Federal assistance until the assistance has been repaid to and reinvested by the local governmental unit; 22. Funds from dock or wharf bonds issued by a seaway port authority; "Business Subsidy Report" means the annual reports submitted each year for each business receiving a business subsidy in the community. The report is submitted by the local government unit in order to comply with M.S. § 116J.994 Subd. 7. (b). "Criteria" means the equitably applied, uniform standards by which the Economic Development Agency and /or the City bases its decision to award any business subsidy to a private business or development project establishing a business and creating jobs in the City of Hutchinson. "DEED" means Minnesota Department of Employment and Economic Development. "Economic Development Agent" means the city department, local or regional economic development agency or other authorized entity that is empowered to solicit, negotiate and form business subsidy agreements on behalf of the City of Hutchinson. The Economic Development Agent for the City of Hutchinson shall be the Hutchinson Economic Development Authority (EDA), hereinafter "Agent". "Operation Start Date" shall mean the date by which the business begins is operations in the zone as evidenced by constructing a facility or relocating to an existing building and beginning revenue generating operations and / or hiring employees. 4 and wage GFiteFia established by this PGIOGy and shall alse mean "ReGipient" as defined by Russonocc Subsidy law. "Recipient" means any business entity that receives a business subsidy as defined by M.S. § 116J.993, and that has signed a Business Subsidy Agreement with a city. "Rplanafing Business" V. Business Subsidy Policies and Requirements The City of Hutchinson adopts the following: Any time the City of Hutchinson provides a business subsidy to a Qualified Business or Recipient, that business is subject to the wage levels, job creation and other criteria set forth in this policy and specified in the Business Subsidy Agreement made with the city. In the—evee+ „f ;; rUeRfl,,.+ h veers the req „ror„o is „f the -Russine$$ Subsidy statute M S. §C. 11I (: 993 _ 11I 995 and Oho 10R7 t ite M.S. �69.319 469.320, the 10�RC7 statute Gh'G'Tll supersede. 2. The City of Hutchinson authorizes the Hutchinson Economic Development Authority to act as its Economic Development Agent for purposes of marketing the city, initiating & negotiating Business Subsidy Agreements, and executing Business Subsidy Agreements on its behalf. 3. Job Creation / Retention & Wage Guidelines Requirements A. Job Creation / Retention Requirement If the City determines that job creation is a goal of the project, at least 1 full-time or full -time -equivalent job must be created for each $100,000 of assistance provided. Retention of existing jobs is acceptable, provided that the applicant can document that, absent the business subsidy, the job loss would be specific and demonstrable. If the City determines that the creation or retention of jobs is not a goal of a specific project, the job creation goal may be set to zero (0). B. Wage Requirement Wages paid (exclusive of benefits) for jobs created as a result of the Business Subsidy must be at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date the business subsidy is approved. Ga.m.n erG lab Crpatman iJ" 4+ lox+ 1 CT nr 4+ lox+ CT nr CTC 1 CT nr CTC fnr F-TE -"ssici Ge previded. Wage G 4+ lox+ 10004 of 4+ lox+ I'�5 of C+;;+o nr Corlor;;l nniriimi im \4/-age ($10 00 / hr)** 4+ lox+ oni i�l +n nr F=cQd l +how Department of HCQ;;I+h ;;Ad I--1, =;A nniriimi im 14.1age* ** Cor�iinoc Dn�ior+�i Level fer a family 4. The City of Hutchinson may deviate from the wage and job criteria in this section by documenting the reason in writing for the deviation and attaching a copy of this reason to the next annual Business Subsidy Report submitted to DEED. I. 6. A public hearing shall be held by the City of Hutchinson as provided by M.S. § 116J.994, when the value of the subsidy exceeds or is expected to exceed $150,000 from local sources. The purpose of the hearing is to identify and define the criteria that the qualified business or recipient shall meet in order to be eligible to receive a business subsidy eir "Qualified Q-ass" fer sew eF the 1997= Gt The hearing �s+r shall specify all information required to be included in the Business Subsidy Agreement as listed in section 7 (a) (below). As provided by M.S. 116J.994, Subd. 5., a public notice shall be published in print and if possible, on the internet, at least 10 days prior to the hearing identifying the location, date, and time of the hearing and providing information about the business subsidy proposed, including a summary of the terms of the subsidy. 7. Requirements of Businesses a. The business must enter into a "Business Subsidy Agreement" with the City that includes: (1) A description of the subsidy, including the amount and type of subsidy, and the type of district if the subsidy is tax increment financing; (2) A statement of the public purpose(s) of the subsidy; (3) Measurable, specific and tangible goals for the subsidy; (4) A description of the financial obligation of the recipient if the goals are not met; (5) A statement of why the subsidy is needed; (6) A commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date, er in the-o�Ase where IGRZ tw heRefitc are pFeyided0 ri Fer the A IrAtieeF the Ieh 7GRe term• 0 (7) The name and address of the parent corporation of the recipient, if any; and, (8) A list of all financial assistance by all grantors for the project b. Businesses failing to meet the goals agreed to in the Business Subsidy Agreement must repay the assistance provided with interest, which is set at no less than the implicit price deflator as defined in the Business Subsidy Statute, M.S. §§ 116J.993 - 116J.995. Repayment may be prorated to reflect partial fulfillment of goals. /9 \ IRGFea6p I y,...o r�IGYM t 0% /m r r tide tothe ='I�TTGrri G1.�G Tl1'I"IY�eI'l�l'7TGTlT � i TO�TI'7 riG��IT re l� ,., operat�Ts +��vvere Fe +ed1 within the first fill taxablewear—e# operation within the 7nno al �a anmintinc Oho roni aired- 'eye.1 of emnleyment d irinn eaGh year of zone desinnatinn• 0 M Tf/TT7_T.7M.—Ir t:SMM=1M LTS 1 iViWN ;ease ene er more-sperat�s nr fi vrra mat �rvrr �n� Irti-rvvucivnrnr and begin perferming substantially the s.me n4inn����i��t„rhTe W,ITLT+CGTTR69R 7=9��;i-rc-andVT Adopted by the Hutchinson Gemmi inity Development (`nmmiccinn an Economic Development Authority, on Deserr.ber 2— 2909. Public hearing held and policy adopted by the Hutchinson City Council on ,danwary 27, 290-9- Business Subsidy Policy Public Hearing Held Policy Adopted I. Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116J.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter -productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community whether it be retail, commercial or industrial in nature. These benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and / or increased economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively promote economic development within the city, be competitive vis-a-vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends, job creation, capital outlay and / or technology. II. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefit to the City, the City shall retain the option to amend or waive sections of this policy when it is determined to be necessary and / or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. III. Business Subsidy Public Purpose Business Subsidies may be provided in order to achieve the following public purposes: 1. Enhance the economic diversity of the city 2. Create high quality job growth 3. Provide for job retention 4. Stabilize the community 5. Increase the tax base 2 The public purpose(s) of the Business Subsidy may include, but not be limited to, increasing the tax base of the community. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable. This policy is adopted in compliance with M.S. § 116J.994 Subd. 2. IV. Definitions "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy statute M.S. §§ 116J.993 - 116J.995. Business Subsidies do not include the following: 1. Assistance of less than $150,000. 2. Business loans or loan guarantees of $150,000 or less 3. Federal loan funds provided through the U.S. Economic Development Administration. 4. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of businesses, size, location or similar general criteria; 5. Public improvements to buildings or lands owned by the City of Hutchinson that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; 6. Property polluted by contaminants being redeveloped as defined in M.S. § 116J.552, subd. 3. 7. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance to designated historic preservation sites or districts, provided that the assistance is equal to or less than 50% of the total cost of the development; 8. Assistance to provide job readiness and training services; 9. Assistance for housing; 10. Assistance for pollution control or abatement, including assistance from a TIF hazardous substances sub -district; 11. Assistance for energy conservation; 12. Tax reductions resulting from conformity with federal tax law; 13. Workers compensation and unemployment compensation; 14. Benefits derived from regulation; 15. Indirect benefits derived from assistance to educational institutions; 16. Funds from bonds allocated under M.S., Chapter 47A refunding bonds and 501(c)(3) bonds; 17. Assistance for collaboration between a Minnesota higher education institution and a business; 18. Assistance from a tax increment financing soils condition district as defined under M.S.469.174, subd.19; 3 19. Redevelopment when the Recipients or Qualified Business' investment in the purchase of the site and in site preparation is 70 percent or more of the assessor's current years estimated market value; 20. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 21. Federal assistance until the assistance has been repaid to and reinvested by the local governmental unit; 22. Funds from dock or wharf bonds issued by a seaway port authority; "Business Subsidy Report" means the annual reports submitted each year for each business receiving a business subsidy in the community. The report is submitted by the local government unit in order to comply with M.S. § 116J.994 Subd. 7. (b). "Criteria" means the equitably applied, uniform standards by which the Economic Development Agency and /or the City bases its decision to award any business subsidy to a private business or development project establishing a business and creating jobs in the City of Hutchinson. "DEED" means Minnesota Department of Employment and Economic Development. "Economic Development Agent" means the city department, local or regional economic development agency or other authorized entity that is empowered to solicit, negotiate and form business subsidy agreements on behalf of the City of Hutchinson. The Economic Development Agent for the City of Hutchinson shall be the Hutchinson Economic Development Authority (EDA), hereinafter "Agent". "Operation Start Date" shall mean the date by which the business begins is operations in the zone as evidenced by constructing a facility or relocating to an existing building and beginning revenue generating operations and / or hiring employees. "Recipient" means any business entity that receives a business subsidy as defined by M.S. § 116J.993, and that has signed a Business Subsidy Agreement with a city. V. Business Subsidy Policies and Requirements The City of Hutchinson adopts the following: 1. Any time the City of Hutchinson provides a business subsidy to a Qualified Business or Recipient, that business is subject to the wage levels, job creation and other criteria set forth in this policy and specified in the Business Subsidy Agreement made with the city. 2. The City of Hutchinson authorizes the Hutchinson Economic Development Authority to act as its Economic Development Agent for purposes of marketing the city, initiating & negotiating Business Subsidy Agreements, and executing Business Subsidy Agreements on its behalf. 3. Job Creation / Retention & Wage Requirements 4 A. Job Creation / Retention Requirement If the City determines that job creation is a goal of the project, at least 1 full-time or full -time -equivalent job must be created for each $100,000 of assistance provided. Retention of existing jobs is acceptable, provided that the applicant can document that, absent the business subsidy, the job loss would be specific and demonstrable. If the City determines that the creation or retention of jobs is not a goal of a specific project, the job creation goal may be set to zero (0). B. Wage Requirement Wages paid (exclusive of benefits) for jobs created as a result of the Business Subsidy must be at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date the business subsidy is approved. 4. The City of Hutchinson may deviate from the wage and job criteria in this section by documenting the reason in writing for the deviation and attaching a copy of this reason to the next annual Business Subsidy Report submitted to DEED. 5. A public hearing shall be held by the City of Hutchinson as provided by M.S. § 116J.994, when the value of the subsidy exceeds or is expected to exceed $150,000 from local sources. The purpose of the hearing is to identify and define the criteria that the qualified business or recipient shall meet in order to be eligible to receive a business subsidy. The hearing shall specify all information required to be included in the Business Subsidy Agreement as listed in section 7 (a) (below). As provided by M.S. 116J.994, Subd. 5., a public notice shall be published in print and if possible, on the internet, at least 10 days prior to the hearing identifying the location, date, and time of the hearing and providing information about the business subsidy proposed, including a summary of the terms of the subsidy. 6. Requirements of Businesses a. The business must enter into a "Business Subsidy Agreement" with the City that includes: (1) A description of the subsidy, including the amount and type of subsidy, and the type of district if the subsidy is tax increment financing; (2) A statement of the public purpose(s) of the subsidy; (3) Measurable, specific and tangible goals for the subsidy; 5 (4) A description of the financial obligation of the recipient if the goals are not met; (5) A statement of why the subsidy is needed; (6) A commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date. (7) The name and address of the parent corporation of the recipient, if any; and, (8) A list of all financial assistance by all grantors for the project b. Businesses failing to meet the goals agreed to in the Business Subsidy Agreement must repay the assistance provided with interest, which is set at no less than the implicit price deflator as defined in the Business Subsidy Statute, M.S. §§ 116J.993 - 116J.995. Repayment may be prorated to reflect partial fulfillment of goals. Adopted by the Hutchinson Economic Development Authority Finance Team on April 18, 2018. Adopted by the Hutchinson Economic Development Authority, on April 25, 2018. Public hearing held and policy adopted by the Hutchinson City Council on II Business Subsidy Policy Public Hearing Held Policy Adopted a I. Introduction This Policy is adopted for the purposes of the business subsidies act (the "Act"), which is Minnesota Statutes, Sections 116.l.993 through 116J.995, as amended. Terms used in this Policy are intended to have the same meaning as used in the Act, and this Policy shall apply only with respect to subsidies granted under the Act if and to the extent required thereby. While it is recognized that the creation of good paying jobs is a desirable goal that benefits the community, it must also be recognized that not all projects assisted with business subsidies derive their public purposes solely by virtue of job creation. In addition, the imposition of high job creation requirements and high wage levels may be unrealistic and counter -productive in the face of larger economic forces and the financial and competitive circumstances of an individual business. The City further believes that each economic development opportunity offers its own unique benefit to the community. whetheF it be fetail, Gemmepsial OF iRGIUStFial OR Ratum. These benefits may be in the form of added tax base, new or retained jobs, higher incomes, overall investment in the area, business diversification and 1 or increased economic activity and vitality. The Hutchinson Economic Development Authority was established in order to promote job creation, redevelopment and investment in the community as well as to expand the city's tax base and diversify the city's industrial, commercial and retail base. To effectively {promote economic development within the city, be competitive vis-a-vis other communities and meet the diverse needs of business and industry, the EDA must have use of all the economic development incentives and tools legally available to it. The use of these incentives and tools cannot be judged nor can they be provided by a single measure, but must rather be evaluated in terms of community need, market trends, job creation, capital outlay and 1 or technology. il. Intent to Retain Flexibility Because it is not possible to anticipate every type of project that may provide benefit to the City, the City shall retain the option to amend or waive sections of this policy when it is determined to be necessary and 1 or appropriate. Minnesota Statute 116J.994, Subd. 2 allows the City to deviate from its criteria by documenting in writing the reason for the deviation and attaching a copy of the document to its next annual report to the State. Ill. Business Subsidy Public Purpose Business Subsidies may be provided in order to achieve the following public purposes: 1. Enhance the economic diversity of the city 2. Create high quality job growth 3. Provide for job retention 4. Stabilize the community 5. Increase the tax base 2 The public purpose(s) of the Business Subsidy may include, but not be limited to, increasing the tax base of the community. Job retention may only be used as a public purpose in cases where job loss is specific and demonstrable, This policy is adopted in compliance with M.S. § 116J.994 Subd. 2. IV. Definitions "Business Subsidy" means a state or local government agency grant, contribution of personal property, real property, infrastructure, the principal amount of a loan at rates below those commercially available to the recipient, any reduction or deferral of any tax or any fee, any guarantee of any payment under any loan, lease, or other obligation, or any preferential use of government facilities given to a business, and as defined by the Business Subsidy statute M.S. §§ 116J.993 - 116J.995. Business Subsidies do not include the following: 1. Assistance of less than $150,000. 2. Business loans or loan guarantees of $150,000 or less 3. Federal loan funds provided through the U.S. Economic development Administration. 4. Assistance that is generally available to all businesses or to a general class of similar businesses, such as a line of businesses, size, location or similar general criteria; 5. Public improvements to buildings or lands owned by the City of Hutchinson that serve a public purpose and do not principally benefit a single business or defined group of businesses at the time the improvements are made; 6. Property polluted by contaminants being redeveloped as defined in M.S. § 116J.552, subd. 3_ 7. Assistance provided for the sole purpose of renovating old or decaying building stock or bringing it up to code and assistance to designated historic preservation sites or districts, provided that the assistance is equal to or less than 50% of the total cost of the development; 8. Assistance to provide job readiness and training services; 9. Assistance for housing; 10. Assistance for pollution control or abatement, including assistance from a TIF hazardous substances sub -district; 11. Assistance for energy conservation; 12. Tax reductions resulting from conformity with federal tax law; 13. Workers compensation and unemployment compensation; 14. Benefits derived from regulation; 15. Indirect benefits derived from assistance to educational institutions; 16. Funds from bonds allocated under M.S., Chapter 47A refunding bonds and 501(c)(3) bonds; 17. Assistance for collaboration between a Minnesota higher education institution and a business; 18. Assistance from a tax increment financing soils condition district as defined under M.S.469.174, subd.19; 3 19. Redevelopment when the Recipients or Qualified Business' investment in the purchase of the site and in site preparation is 79 percent or more of the assessor's current years estimated market value; 20. General changes in tax increment financing law and other general tax law changes of a principally technical nature; 21. Federal assistance until the assistance has been repaid to and reinvested by the local governmental unit; 22. Funds from dock or wharf bonds issued by a seaway port authority; "Business Subsidy Report" means the annual reports submitted each year for each business receiving a business subsidy in the community. The report is submitted by the local government unit in order to comply with M.S. § 115J.994 Subd. 7. (b). "Criteria" means the equitably applied, uniform standards by which the Economic Development Agency and for the City bases its decision to award any business subsidy to a private business or development project establishing a business and creating jobs in the City of Hutchinson "DEED" means Minnesota Department of Employment and Economic Development. "Economic Development Agent" means the city department, local or regional economic development agency or other authorized entity that is empowered to solicit, negotiate and form business subsidy agreements on behalf of the City of Hutchinson The Economic Development Agent for the City of Hutchinson shall be the Hutchinson Economic Development Authority (EDA) hereinafter "Agent". "Operation Start Date" shall mean the date by which the business begins its operations On the ZGRe as evidenced by constructing a facility or relocating to an existing building and beginning revenue generating operations and f or hiring employees. "Recipient" means any business entity that receives a business subsidy as defined by M.S. § 11 GJ.993, and that has signed a Business Subsidy Agreement with a city. V. Business Subsidy Policies and Requirements The City of Hutchinson adopts the following: 1. Any time the City of Hutchinson provides a business subsidy to a Qualified B ,r, 9F Recipient, that business is subject to the wage levels, job creation and other criteria set forth in this policy and specified in the Business Subsidy Agreement made with the city. 2. The City of Hutchinson authorizes the Hutchinson Economic Development Authority to act as its Economic Development Agent for purposes of marketing the city, initiating & negotiating Business Subsidy Agreements, and executing Business Subsidy Agreements on its behalf. 3. Job Creation 1 Retention & Wage Requirements 4 A. Job Creation 1 Retention Requirement If the City determines that job creation is a goal of the project, at least 1 full-time or full -time -equivalent job must be created for each $100,000 of assistance provided. Retention of existing jobs is acceptable, provided that the applicant can document that, absent the business subsidy, the job loss would be specific and demonstrable. If the City determines that the creation or retention of jobs is not a goal of a specific project, the job creation goal may be set to zero (0). B. Wage Requirement Wages paid (exclusive of benefits) for jobs created as a result of the Business Subsidy must be at least equal to the U.S. Department of Health and Human Services Poverty Level for a family of four as of the date the business subsidy is approved. 4. The City of Hutchinson may deviate from the wage and job criteria in this section by documenting the reason in writing for the deviation and attaching a copy of this reason to the next annual Business Subsidy Report submitted to DEED. 5. A public hearing shall be held by the City of Hutchinson as provided by M.S. § 115J.994, when the value of the subsidy exceeds or is expected to exceed $150,000 from local sources. The purpose of the hearing is to identify and define the criteria that the qualifed bUGp�e recipient shall meet in order to be eligible to receive a business subsidy. The hearing shall specify all information required to be included in the Business Subsidy Agreement as listed in section 7 (a) (below). As provided by M.S. 115J.994, Subd. 5., a public notice shall be published in print and if possible, on the internet, at least 10 days prior to the hearing identifying the location, date, and time of the hearing and providing information about the business subsidy proposed, including a summary of the terms of the subsidy. 6. Requirements of Businesses a. The business must enter into a "Business Subsidy Agreement" with the City that includes: (1) A description of the subsidy, including the amount and type of subsidy, and the type of district if the subsidy is tax increment financing; (2) A statement of the public purpose(s) of the subsidy; (3) Measurable, specific and tangible goals for the subsidy; k, (4) A description of the financial obligation of the recipient if the goals are net met; (5) A statement of why the subsidy is needed; (6) A commitment to continue operations in the jurisdiction where the subsidy is used for at least five years after the benefit date. (i) The name and address of the parent corporation of the recipient, if any; and, (8) A list of all financial assistance by all grantors for the project b. Businesses failing to meet the goals agreed to in the Business Subsidy Agreement must repay the assistance provided with interest, which is set at no less than the implicit price deflator as defined in the Business Subsidy Statute, M.S. §§ 116J.993 - 116J.995. Repayment may be prorated to reflect partial fulfillment of goals. Adopted by the Hutchinson Economic Development Authority Finance Team on April 18, 2018. Adopted by the Hutchinson Economic Development Authority, on April 25, 2018. Public hearing held and policy adopted by the Hutchinson City Council on 6 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Public Hearing to Consider Comments and Input on the SWPPP Department: Public Works LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff Public Hearing Time Requested (Minutes): 10 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Per requirements of the MPCA whom administer the National Pollution Discharge Elimination System (NPDES) Phase II permit, the City must have a Public Meeting and consider comments prior to submitting the Storm Water Pollution Prevention Plan (SWPPP) Annual Report for 2017. This regulation applies to all cities that are determined to have and maintain a Municipal Separate Storm Sewer System (MS4). Public comment and testimony will be received at this hearing. City staff will provide a presentation about the City's MS4 storm water program and 2017 activities that were performed. BOARD ACTION REQUESTED: Approval of MS4 Annual Report for 2017 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: MS4 Annual Report for 2017 Page 3 of 18 Instructions: Complete this annual report to provide a summary of your activities under the 2013 MS4 Permit (Permit) between January 1, 2017 and December 31, 2017. MPCA staff may contact you for additional information. Fillable document available at https://stormwater..pca.state,mn,us/indgKgg p? title=MS4 Annual Report (for personal use only, not for submittal). Questions: Contact Cole Landgraf (cole.landgraf a@?state.mn.us, 651-757-2880) or Megan Handt (megan.handt@state.mn.us, 651-757-2843) MS4 General Contact information Full John Paulson name Title Project/Environmental/Regulatory Manager Mailing 1ll Hassan St SE address City State Zip code Phone Email Hutchinson MN 55350 320.234.5682 jpaulson@ci.nuLchinson.mnIus Preparer Contact Information (if different from the MS4 General Contact) Full name Title Organization Mailing address City State Zip code Phone Email MCM 1: Public Education and Outreach The following questions refer to Part III.D.1. of the Permit. https:llsurvey.mn. gov/siam/survey landing/printerviewer. asp?sid=746D70696F6472693 8313 53239... 6/ 19/2018 MS4 Annual Report for 2017 Page 4 of 18 Q2 Did you select a stormwater-related issue of high priority to be emphasized during this Permit term? [Part III.D.1.a.(1)] * Yes 0 No Q3 What is your stormwater-related issue(s)? Check all that apply. I TMDL(s) „) Local businesses ;ql Residential BMPs ED Pet waste l Yard waste [._-.1 Deicing materials EJ Household chemicals L , Construction activities El Post -construction activities i J Other Q4 Have you distributed educational materials or equivalent outreach to the public focused on illicit discharge recognition and reporting? [Part III.D.1.a.(2)] Co) Yes 0 No Q5 Do you have an implementation plan as required by the Permit? [Part III.D.1.b.] Yes U No Q6 How did you distribute educational materials or equivalent outreach? Check all that apply and provide circulation/audience associated with each item. [Part III.D.1.a.] C Brochure Newsletter Utility bill insert LI Newspaper ad Radio ad Television ad 0 Cable access channel l Stormwater-related event .�01 School presentation or project Website Other (1) LI Other (2) (: Other (3) Other (1)' Rain Barrel Sale describe: https:llsurvey.mn.gov/siam/surveylanding/printerviewer.asp'?sid=746D70696F 6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 5 of 18 Q7 Intended audience? Check all that apply. Local Residents Businesses Developers Students Employees Other Brochure Newsletter E] ✓; Fj Utility bill insert I l 11 ❑ ❑ W-J ❑ Stormwater- 0 ❑ L � ❑/ related event School presentation or ❑ ❑ ❑ W [ project Website l:%7 [ v Other(l)!1 0 Q8 Enter the total circulation/audience (if unknown, use best estimate): Brochure 16200 Newsletter 60 Utility bill insert 15000 Stormwater- related event 155 School presentation 210 or project Website 109 Other(l) 157 Provide a brief description of each activity related to public education and outreach (e.g. rain garden workshop, school presentation, public works open house) held and the date each activity was held from January 1, 2017 to December 31, 2017. [Part I11. D.1.c. (4)] https://survey.mn gov/siam/surveylanding/printerviewer.asp?sid=746D70696F 6472693831353239... 6/19/2018 MS4 Annual Report for 2017 Q9Date of activity Q10Description of activity Page 6 of 18 Date (mm/ddlyyyo4/22/2017 y) Date 04/21/2017 µ� (mm/dd/yyyy) Date o4/21/2017 (mm/dd/yyyy} Date 05/12/2017 (mm/dd/yyyy) Date 06/27/2017 (mm/dd/yyyy} Date (mm/dd/yyyy) Date 1 k. (mm/ddlyyyy) Date (mm/dd/yyyy) Rain Barrel Sale. Provided information about importance of water reuse. 57 sold Trash/bitter/Storm Drain Marking Volunteer Event with New Century Academy students and staff. Provided talk to group about function of SW ponds and preventing illict discharges 155 total Rain Garden cleanout and mulching with Hutchinson High School Ag science class. Provided talk to group about function/design of rain gardens and importance of maintaining SW infrastructure - 20 total Arbor day event at Park Elementary that included presentation to class of roughly 210 students that included information on keeping water clean and protecting the evironment. Public Meeting that was also aired on HCVN. Overview of Hutchinson MS4 program and specific components related to stormwater education. Q11 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your public education and outreach program? [Part N.B.] 0 Yes C• No MCM 2: Public Participation/Involvement The following questions refer to Part lll.D,2.a. of the Permit, Q12 You must provide a minimum of one opportunity each year for the public to provide input on the adequacy of your Stormwater Pollution Prevention Program (SWPPP). Did you provide this opportunity between January 1, 2017 and December 31, 2017? [Part III.D.2.a.(1)] C•D Yes 0 No hops:/lsurvey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70696F6472693 8313 5323 9... 6/19/2018 MS4 Annual Report for 2017 Page 7 of 18 Q13 What was the opportunity that you provided? Check all that apply. ( Public meeting Public event 0 Other Q14 Did you hold a stand-alone meeting or combine it with another event? Stand-alone Combined Enter the date of the public 06/27/2017 meeting (mmldd/yyyy): Enter the number of citizens that attended and 8 were informed about your SWPPP: Q17 Between January 1, 2017 and December 31, 2017, did you receive any input regarding your SWPPP? 0 Yes Ck No Q19 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your public participation/involvement program? [Part N.B.] 0 Yes O No MCM 3: Illicit Discharge Detection and Elimination The following questions refer to Part 111.D.3, of the Permit. Q20 Do you have a regulatory mechanism which prohibits non-stormwater discharges to your MS4? [Part III.D.3.b.] (0) Yes 0 No Q21 Did you identify any illicit discharges between January 1, 2017 and December 31, 2017? [Part lll.D.3.h.(4)j * Yes 0 No Q22 Enter the number of illicit discharges detected: https:llsurvey.mn.govlsiamlsurveylandinglprinterviewer.asp?sid=746D70696F647269383135323 9... 6/ 19/2018 MS4 Annual Report for 2017 Page 8 of 18 Q23 How did you discover these illicit discharges? Check all that apply and enter the number of illicit discharges discovered by each category. [ Public complaint R Staff Q24 Enter the number discovered by the public: 3 Q25 Enter the number discovered by staff: 4 Q26 Did any of the discovered illicit discharges result in an enforcement action (this includes verbal warnings)? C±) Yes U No Q27 What type of enforcement action(s) was taken and how many of each action were issued between January 1, 2017 and December 31, 2017? Check all that apply_ [;% Verbal warning Se Notice of violation Fines I Criminal action Civil penalties .�/ Other Other, describe: Billed all clean up costs to owner. Enter the number of verbal 2 warnings issued: Enter the number of notice 1 of violations issued: Enter the number of 'other' issued: Q28 Did the enforcement action(s) taken sufficiently address the illicit discharge(s)? :6 Yes 0 No https:Hsurvey.mn.gov/siam/surveyIanding/printerviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 9 of 18 030 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your illicit discharge regulatory mechanism(s)? [Part III.B.] Yes 0 No Q31 Between January 1, 2017 and December 31, 2017, did you train all field staff in illicit discharge recognition (including conditions which could cause illicit discharges) and reporting illicit discharges for further investigations? [Part III.D.3.e.] 0 Yes 0 No Q32 How did you train your field staff? Check all that apply. El Email [� PowerPoint Presentation [- Video El Field Training f ; Other The following questions refer to Part III.C.1, of the Permit. Q33 Did you update your storm sewer system map between January 1, 2017 and December 31, 2017? [Part 111.C.1.] Yes J No Q34 Does your storm sewer map include all pipes 12 inches or greater in diameter and the direction of stormwater flow in those pipes? [Part III.C.1.a] * Yes 0 No Q35 Does your storm sewer map include outfalls, including a unique identification (ID) number and an associated geographic coordinate? [Part III.C.1.b.] 0 Yes 0 No Q36 Does your storm sewer map include all structural stormwater BMPs that are part of your MS4? [Part III.C.1.c.] 0 Yes 0 No Q37 Does your storm sewer map include all receiving waters? [Part III.CI A] * Yes 0 No https://survey.mn.gov/siam/survey]anding/printerviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 10 of 18 Q38 In what format is your storm sewer map available? 0 Hardcopy only n G I S 0 CAD D Other Q39 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your illicit discharge detection and elimination (IDDE) program? [Part IV,B.] CO) Yes O No Describe those modifications: Revised Ordinance in response to audit findings recommending a better definition of prohibited discharges. MCM 4: Construction Site Stormwater Runoff Control The following questions refer to Part I1I.D.4. of the Permit. Q40 Do you have a regulatory mechanism that is at least as stringent as the Agency's general permit to Discharge Stormwater Associated with Construction Activity (CSW Permit) No. MN R100001 (httta://www. ca,state,mn.uslindex. h fview- document.html�=18984) for erosion and sediment controls and waste controls? [Part III.D.4.a.] Yes ( N o Q41 Have you developed written procedures for site plan reviews as required by the Permit? [Part III.D.4.b.] (4) Yes 0 No Q42 Have you documented each site plan review as required by the Permit? [Part III.D.4.f.] Co) Yes G No Q43 Enter the number of site plan reviews conducted for sites an acre or greater of soil disturbance between January 1, 2017 and December 31, 2017: https:llsurvey.mn.govlsiamlsurveylandinglprinterviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 11 of 18 Q44 What types of enforcement actions do you have available to compel compliance with your regulatory mechanism? Check all that apply and enter the number of each used from January 1, 2017 to December 31, 2017. 1✓e Verbal warnings L; Notice of violation ❑ Administrative orders [+/] Stop -work orders ..] Fines ❑ Forfeit of security of bond money Withholding of certificate of occupancy Criminal actions • Civil penalties l Other Enter the number of verbal 4 warnings issued: Enter the number of notice of 1 violations issued: Enter the number of stop -work 10 orders issued: Enter the number of withholdings of certificate o of occupancy issued: Enter the number criminal o actions issued: Enter the number of civil o penalties issued: Q45 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your construction site stormwater runoff control regulatory mechanism(s)? [Part I11.13.1 O Yes 0 No https:llsurvey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 12 of 18 Q46 Enter the number of active construction sites an acre or greater that were in your jurisdiction between January 1, 2017 and December 31, 2017: Q47 Do you have written procedures for identifying priority sites for inspections? [Part III.D.4.d.(1)] Co Yes i� No Q48 How are sites prioritized for inspections? Check all that apply. n Site topography C1 Soil characteristics ❑ Types of receiving water(s) W Stage of construction [ Compliance history M Weather conditions El Citizen complaints [I Project size Other Q49 Do you have a checklist or other written means to document site inspections when determining compliance? [Part I11.D.4.d.(4)] O Yes 0 No Q50 Enter the number of site inspections conducted for sites an acre or greater between January 1, 2017 and December 31, 2017: F0 Q51 Enter the frequency at which site inspections are conducted (e.g. daily, weekly, 'nonthly): [Part III.D.4.d.(2)] Upon installation of 3MPs, weekly for City projects, monthly for private projects Q52 Enter the number of trained inspectors that were available for construction site inspections between January 1, 2017 and December 31, 2017: 3 https:I/survey.mn.gov/siamn surveyland ing/printerviewer.asp?sid=746D70696F6472693831353239... 6/19/2018 MS4 Annual Report for 2017 Page 13 oi' 18 Q53 Provide the contact information for the inspector(s) and/or organization that conducts construction stormwater inspections for your MS4. List your primary construction stormwater contact first if you have multiple inspectors. (1) Inspector John Paulson name Organization city of Hutchinson Phone 320.234,5682 (Office) Phone 320.583.1941 (Work Cell) Email jpaulscn@ci . hutchinson.mn. us Preferred contact email method (2) Inspector name Chad Muchow Organization City of Hutchinson Phone (Office) 320.234.5679 Phone 320,583.3821 (Work Cell) Email 1c-muChow@ci.hutchinson.mn.us Preferred contact email method (3) Inspector FCeith Messner name Organization City of Hutchinson Phone (Office) 320.234.9239 Phone 320,583.4574 (Work Cell) Email kmessner@ci.hutchinson.mn.us Preferred contact ema i 1 method https://survey.mn.gov/siam/surve,ylanding/printerviewer.asp?sid=746D70696F6472693 931353239... 6/19/2018 MS4 Annual Report for 2017 Page 14 of 18 Q54 What training did inspectors receive? Check all that apply. 1✓ University of Minnesota Erosion and Stormwater Management Certification Program El Qualified Compliance Inspector of Stormwater (QCIS) ❑ Minnesota Laborers Training Center Stormwater Pollution Prevention Plan Installer or Supervisor ❑ Minnesota Utility Contractors Association Erosion Control Training ❑ Certified Professional in Erosion and Sediment Control (CPESC) ❑ Certified Professional in Stormwater Quality (CPSWQ) ❑ Certified Erosion, Sediment and Storm Water Inspector (CESSWI) ❑ Other Q55 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your construction site stormwater runoff control program? [Part IV.B] J Yes C7 No MCM 5: Post -Construction Stormwater Management The following questions refer to Part III.D,5. of the Permit. Q56 Do you have a regulatory mechanism which meets all requirements as specified in Part III.D.5.a. of the Permit? * Yes C; No Q57 What approach are you using to meet the performance standard for Volume, Total Suspended Solids (TSS), and Total Phosphorus (TP) as required by the Permit? [Part III.D.5.a.(2)] Check all that apply. Refer to the link http_lfwww.p state_mn.ors/index�ahplview-document.html? gid=1781.5 for guidance on stormwater management approaches. Retain a runoff volume equal to one inch times the area of the proposed increase of impervious surfaces on -site Retain the post -construction runoff volume on site for the 95th percentile storm ❑ Match the pre -development runoff conditions Adopt the Minimal Impact Design Standards (MIDS) An approach has not been selected __ Other method (Must be technically defensible--e.g, based on modeling, research and acceptable l._ engineering practices) Q58 Do you have written Enforcement Response Procedures (ERPs) to compel compliance with your post -construction stormwater management regulatory mechanism(s)? [Part III.B] Q Yes 0 No https:llsurvey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 15 of 18 Q59 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your post -construction stormwater management program? [Part U.B.] * Yes 0 No Describe those modifications: Amended stormwater Ordinance to more clearly define infiltration prohibitions and mitigation measures. Audit conducted in spring 2017 included a Letter of Warning due to missing language related to redevelopment sizing requirements. Adoption of Ordinance occurred on 06/27/2017. MCM 6: Pollution Prevention/Good Housekeeping for Municipal Operations The following questions refer to Part III.D.6. of the Permit. Q60 Enter the total number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds within your MS4 (exclude privately owned). Structural stormwater 5 BMPs Outfalls Ponds Q61 Enter the number of structural stormwater BMPs, outfalls (excluding underground outfalls), and ponds that were inspected from January 1, 2017 to December 31, 2017 within your MS4 (exclude privately owned). [Part III.D.6.e.] Structural stormwaterl 5 BMPs Outfalls Ponds Q62 Have you developed an alternative inspection frequency for any structural stormwater BMPs, as allowed in Part lll.D.6.e.(1) of the Permit? G Yes Col No Q63 Based on inspection findings, did you conduct any maintenance on any structural stormwater BMPs? [Part IIl.D.6.e.(1)] O Yes Q No e tsriefly aescriae ine maintenance Mat was conducted: The City operates 5 hydro dynamic separators that are vacuumed out at least once per year, and more frequently as needed. This work is included in our Public Works Work Order program and is a routine maintenance task. https:l/survey.mn.govlsiamlsurveylandinglprinterviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 MS4 Annual Report for 2017 Page 16 of 18 Q65 Do you own or operate any stockpiles, and/or storage and material handling areas? [Part III.D.6.e.(3)] Q+ Yes 0 No Q66 Did you inspect all stockpiles and storage and material handling areas quarterly? [Part III.D.6.e.(3)] 0 Yes 0 No Q67 Based on inspection findings, did you conduct maintenance at any of the stockpiles and/or storage and material handling areas? 0 Yes O No 069 Between January 1, 2017 and December 31, 2017, did you modify your BMPs, measurable goals, or future plans for your pollution prevention/good housekeeping for municipal operations program? [Part U.B.] U Yes �� No Partnerships Q78 Did you rely on any other regulated MS4s to satisfy one or more Permit requirements? 0 Yes 0 No Additional Information If you would like to provide any additional files to accompany your annual report, use the space below to upload those files. For each space, you may attach one file. You may provide additional explanation and/or information in an email with the subject YourMS4NameNere_2017AR to ms4permitprogram. pca a@state.mn.us. Q80 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. Q81 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. https:Hsurvey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70696F64726938313 53239... 6/ 19/2018 MS4 Annual Report for 2017 Page 17 of 18 Q82 Click the "up arrow" icon below to upload a file. When it has uploaded successfully, a unique ID will appear in the box. Only files less than 10 MB in size will upload. L Q83 Optional, describe the file(s) uploaded: Optional Question The MPCA is attempting to identify potential sources of water quality data. Answering this question will help the MPCA and interested stakeholders obtain a more comprehensive understanding of sources of data that may be shared and ultimately aid in understanding the extent to which stormwater management practices result in water quality improvements. Q84 Are you collecting water quality data (e.g., from surface waters, outfalls, best management practices, etc.) that is not associated with a waste water treatment plant? 0 Yes 0 No Owner or Operator Certification The person with overall administrative responsibility for SWPPP implementation and Permit compliance must certify this MS4 Annual Report. This person must be duly authorized and should be either a principal executive (i.e., Director of Public Works, City Administrator) or ranking elected official (i.e., Mayor, Township Supervisor). I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete (Minn. R. 7001.0070). 1 am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment (Minn. R. 7001.0540). Yes https:llsurvey.mn.gov/siam/surveylanding/printerviewer.asp?sid=746D70696F647269383135323 9... 6/19/2018 MS4 Annual Report for 2017 Page 18 of 18 By typing my name in the following box, I certify the above statements to be true and correct, to the best of my knowledge, and that information can be used for the purpose of processing my MS4 Annual Report. Name: I Kent Exner Title: IDirector of Public Works ©ate. 06/27/2018 (mm/dd/yyyy) When you are ready to submit, you must click the 'Submit' button at the bottom of this page. Provide the email(s) of the individuals) you would like to receive the MS4 Annual Report for 2017 submittal confirmation email from the MPCA After you click the Submit button below, please allow up to three business days to receive this email. Email (1) jpaulson@ci.hutcninson.mn.us Email kexner@ci.hutchinson.mn.us (2) Email (3) Print or save a copy of your completed MS4 Annual Report for 2017 for your records. The MPCA will email a PDF of your MS4 Annual Report for 2017 information in a confirmation email within three business days after you submit this form to the email(s) you provided above. You may print a copy of the MS4 Annual Report for 2017 for your records by pressing the `Print' button at the bottom of the page. Additionally, it is possible to save a PDF copy of the MS4 Annual Report for 2017 if you are working on a computer with OneNote (a program often included in Microsoft Office packages). Detailed saving instructions are available at stormwater,pca.state.mn.us/index.php/Guidance for saving MS4 annual_ reports. If you have any questions, contact MPCA staff Cole Landgraf (cole.landgraf@state.mn.us, 651-757-2880) or Megan Handt (megan. handt@state. mn. us, 651-757-2843). https://survey.mn.gov/siam/surveyIanding/printerviewer.asp?sid=746D70696F6472693831353239... 6/ 19/2018 a3 L -7 a N O L Q a) L O Liu 4-0 cn � vNwaft w E 0 I..L V J Q. 4 aj E L a) 4-0 cn cn O cn U 4-0 �U ZZ 4-0 4-0 U 0 m 0 Ca E 0 C/) 4-j 0 ^ W 4-j 4-j T ^-11 W � . — CCa) G � U 0 � ,5 -� :- .� .. - � . •._8:{'r pryryp Q y.: r ib waft Qft A O U) U) 4-j W O QL U .QL m Ll a)E O 4-j 4-0 • C6 cn U) i 4� a) U) a� C6 C L U) m C: 0 _ L �m 4-0E u) 4-0 m E O i cn ♦--0 .y .i 4-j o O co CD CDE O ■� E O O O 00 Co I - co o CO4-0 ■� = U Lij _ o U O L.L U)U 7 N p O U U) �N � O V Q � Q CU � 0 J� - U) 4-j U a) �O QL (1) a) E O `z— a) CL 0 ^ W 4-j L O O cn U cn . EZ a) � U -- O T .> a) a) �> a) a a E 0 O c� () E a) O a) U) ,w El 0 N M QL N L a) 0 U) L'^ W V i = 4-j � y � = o U) V � (D O � � CL N L W 4-j ^� W E 4-j a) 4-j C6 E O 4-j Cn M N a) u N N 4-j ^0 MW W L 0 U) O L 4-j O U E 0 O �-j Cn 4-j a)co m 4-j c O E E 0 CM 4-0 O � U Cn U O O 4 O O U to W O4-j U co E C6 O W -0 C: O O O U � O � o � U O cn O U- .EZ Ll O O U ca E O -P--f Cn 0 O 4-j m O 0 0 C: EZ 2 • M, U .� U) }, LLI m a) � O a) O E 0 a) O C) O a 4-0 4--j > LL a) a) :3 E z '> LIJ a) i 4 m U) > Q UJ co (D U E Cn m a) *.O E � cm a) -0 O O m � O a) a) p a J O a- to to J _ _ 0 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Discussion of 2016 City Energy Usage and Conservation Efforts Department: Public Works LICENSE SECTION Meeting Date: 8/22/2017 Application Complete Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff Communications, Requests Time Requested (Minutes): 10 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff will provide a brief overview of the 2016 energy usage data summary relative to specific City departments and ongoing energy conservation efforts. Please see the attached information. Staff will provide a brief overview of the information and will be available to answer any questions. BOARD ACTION REQUESTED: N/A 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: \ \ B B ■ § \ a § $ § \ _ ro —L/ \ § r � g \ \ & f /f / // \ \ \ \� / f / \ N | |\ / C I I\ / � !3l I IC4 � | |\ C Ld C? ° G 8r \§ \ \(D \ LO � m § § a \ 2017 to Baseline Comparisons Energy Usage Comparisons Wastewater Baseline 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 4,904,259 3,694,631 -24.66% 41.93% -10.97% Gas Usage(ft3) 7,415,550 6,359,595 -14.24% 26.72% -3.81% Water Baseline 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 2,599,339 2,055,534 -20.92% 23.33% -4.93% Gas Usage(ft3) 2,267,509 467,941 -79.36% 1.97% -6.49% Public Works Baseline 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 713,959 600,956 -15.83% 6.82% -1.02% Gas Usage(ft3) 3,436,790 3,073,363 -10.57% 12.91% -1.31% Emergency Services Baseline06 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 291,510 214,691 -26.35% 2.44% -0.70% Gas Usage(ft) 1,597,809 976,059 -38.91% 4.10% -2.24% Parks Baseline06 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 1,423,500 1,431,888 0.59% 16.25% 0.08% Gas Usage(ft3) 7,222,524 7,878,868 9.09% 33.10% 2.37% Building Baseline06 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 526,883 411,314 -21.93% 4.67% -1.05% Gas Usage(ft) 1,992,234 1,973,973 -0.92% 8.29% -0.07% Compost Baseline06 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 252,890 185,830 -26.52% 2.11% -0.61% Gas Usage(ft3) 3,164,564 2,433,307 -23.11% 10.22% -2.64% Liquor Hutch Baseline 2017 Baseline-2017 %City Dept -City Electric Usage(kWh) 317,371 217,419 -31.49% 2.47% -0.91% Gas Usage(ft3) 647,120 640,853 -0.97% 2.69% -0.02% Total Dept. Usage Baseline 2017 Baseline-2017 Electric Usage(kWh) 11,029,711 81812,263 -2410 Gas Usage(f3) 27,744,100 23,803,960 20% Total Dept. Usage Baseline 2017 Baseline-2017 Electric Usage(kWh) 11,029,711 8,812,263-20.10% Gas Usage(kWh equiv.) 8,350,897 7,164,925-14.20% 1 19,380,608 1 15,977,189-17.56% Example: -5.90% is a reduction in 2007 from 2006 Baseline years calculated using mostly 2006 data with exception of WW, Water, and PWs Wastewater Baseline: 2006 data for all meters except the main plant which is using 2008 as the first full year of operation and 2009 gas usage for MBR Water Baseline: 2006 data for all meters except main plant which is using 2008 data as the first full year of operation PW Baseline: 2006 data for all meters except for HATS and the Cold Storage Building which are using 2008 data for the first full year of operation Liquor Baseline: 2007 data for all meters because of the expansion in 2006. Parks Baseline: 2006 data for all meters except Aquatic Center added in 2017. 0 0 0 0 0 0 0 0 0 0 0 0 0 0 un o m m v m Ln LD r, oN o 0 0 0 m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 uo rn o Lr) o Ln o 00 00 n n i0 iD u1 ui 4MI ash :)1a;:)a13 AMUOW U ci M 0 z u U 0 Q ci V) a 0-0 ELaT -C,6 0 �o N m Ln iD n m o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ;jn:) a2esN JN ANIUOW u U O Q ci Ln Q a 00 O C O a O O O O O O O O O O O O O O O O O O O O Ln O Ln O Lf1 jim asesn 9N lenuud LD o r' o 1° O O -;t m N 00 r� n m r- N N r� O W 00 lD m Ln A ri w n LD O m Ln O O LD N N N O Ln o0 Ln N m -A q 00 m O LD Ln N rN N m r� r�N N L N N r� O n 00 LD N .--I -;t 00 LD N O -A Ln m N O Il 00 a1 L N N I;t O N 00 m O 00 cA 00 00 Il LD O 00 Ln 00 N N N r� 00 06 L N N LD O `Z `, N m N A -;t 00 O O LD a1 cn m N r� Ln LD a1 U- rl I N LD O W m -I r� 00 m O O m m O m N r� Ln 00 Ln Ln N N N O Ln N n ` O cn N .-A Ln 00 LD m O m m m N m Ln 00 N Ln N N a1 O 00 r14 W `Z -;t a1 O 00 00 Il O N m -A N M Ln 00 Ln Lf) N N a1 O 00 r14 rn `Z 00 M O O 00 -A O a1 a1 LD N N O Ln 00 L6 Lfl N N O I;t O -;t 00 LD m O -A m m N m Ln n c-I Ln N N r� O m ` LD O O O -A m -A m N m Ln r� a1 Ln rl N O H 01 :3 C 01 a co 2 U M tD `A `A ^ I, A N N m rN O r- tD 1 1 NO 00 O n 1 00 -A -A 1 1 1 I m � 1 1 Lo ^ m o^ Ln Lo 1 No � ol 1 06 O 1 1 I Lo N n 1 r, rn M 1 No ^ 00 r N 1 I 00 0 1 I� N N Lr 1 I tD tD ! NO Zo 00 00 1 1 06 O � 1 1 1m I m � ^ ^ O 00 00 LO 1 No o0 00 IN 1 1 00 0 I 1 I Ln Ul N N 1 -A ri to O 1 V No 00 o^0 o Lo M � 06 M ++ 4-1 tiA > I rq oo N tD 00 MO 000 M 1 U J 0 I 1 � � N N 1 tD Lo N 1 No 0000 o0 00 1 1 m O M N N N n 1 1 O N LO r, - 1 00 N 00 00 00 m \ � O 1LL O rn 1 m o^o ono N M N (O I 1 O 00 06 tD tD m 1 1 z a NO Lo ol n M 1 � O 1 1 ^ cI N 1 00 ^ n 0 N 00 00 I� M 06 O O O O O O O O O O O O O F- v O O O O O O O O O O 7 C O 00 tD N Q m ' 1 1 MN asesn :)lal:)an lenuud 1 1 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: 2nd Reading and Adoption of Revisions to Right -of -Way Ordinance Chapter 90 Department: PW LICENSE SECTION Meeting Date: 6/26/2018 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 Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA 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. Since the 1st reading, two revisions have been made to the Definitions by removing "hole" and "trench". It was determined that these definitions are not necessary since they were only defined for reference and are not used anywhere in Chapter 90. 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: City staff recommends approval of the Right -of -Way Ordinance's 2nd reading and approval to publish the summary ordinance. 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 21613.04 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. 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: 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. 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. 216B.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. 216D, 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) Ice 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: _ day of 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: _ day of 2018. HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: 2nd Reading and Adoption of Telecommunications Ordinance Chapter 154.119 Department: PW LICENSE SECTION Meeting Date: 6/26/2018 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 Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA 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. Since the 1st reading, one revision has been made to Section (U)(1)A.6 by removing C-3, Central Commercial District and moving it to (U)(1)A.7. This change will require Small Cell development in this district to obtain a Conditional Use Permit. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: City staff recommends approval of the Telecommunications Ordinance's 2nd reading and approval to publish the summary ordinance. 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. (,64 » (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, highway, street, cartway, bicycle lane or public sidewalk in which the city has an interest, including other dedicated rights -of -way for travel purposes and utility easements of the city. A right-of-way does not include the airwaves above a right-of-way with regard to cellular or other 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 section 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: 1.New Telecommunications Towers, not including those to which Small Wireless Facilities are installed in the right-of-way, 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 nrri;,.ant is a provider- .fWir-eless r,,,,,,,,,,,,ieations *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, *, l l-e or stfeet light pole outside of theta 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, 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 new wifeless ^ OA st..,,ettffe 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 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 r,,ww:,.,,',,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 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 or-dinanee 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 w41 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 RC of this ordinance. Small Wireless Facilities on a public structure or existing structures are allowed by conditional use permit in residentiallv zoned areas if thev are located on public or institutional rp operty allewed ; all disc iets by r-eseltition appr-eved by the ! ity wit-hetit , eendifienal „se remit. 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 administfatef, the dir-eetef of development and o tht:et ,.h his of he f own agents of o p1,)yee Citythe 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 followingzoning oning districts; a) C-I, neighborhood convenience commercial district; b) C-2, automotive service commercial district: c) CA fringe commercial district, d) C-5, conditional commercial district, e) I/C, industrial/commercial district, f) I-1, light industrial park district, g) I-2, heavy industrial district, and h) BP, business park district. 7. All Small Wireless Facility installations shall be allowed only by conditional use permit in the followingzoning oning districts, a) C-3, central commercial district, b) GT, Gateway; and c) 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, stfeet light of fility lie., 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 fifty (-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. t4+e diameter- or- Width of the pole on whieh it is metinted 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-way shall comply with the process and standards in Chapter 90 of Hutchinson City Code.T- e following ct.,,,,1afds shall apply f r the . laee..,e„t of Small Gell Te..l,,,..1egy i the publie fiot of way, „l.lie ,-,,.,,1 ! ity a � e e„ A. The Gity will detefmine whether- the leeation (and any existing pole) identified by4l+e applieant as a Small Gell Site is v�,ithin the Gity Right of Way. if it is not, the fe" „l,l be ,tits; e the seepe f the Lease e A g „t as the r ity would not have faeter^ and make det€t=minatien if it is appri ate Y.MEMO- ♦ . ... .. . .. Y. . .. . . .. . . . . ......... . .. . .. .. .� MAI -- ----- - - - ---r.rMETTZ92 -111M rrm lilmV.Tiiiii Y. . MWIMM �. MM plum +we:.� s•� .s. e.iv.i. (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 CityafA Request for Board Action Agenda Item: AMERESCO Project Development Agreement Department: PW LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner/John Paulson Agenda Item Type: Presenter: John Neville, AMERESCO Reviewed by Staff New Business Time Requested (Minutes): 15 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff have met to review the "Preliminary Engineering Assessment" of City facility energy use that was developed by Ameresco. Their staff provided a comprehensive overview of the assessment and the potential for a significant reduction in energy consumption. Included in the assessment are projects that have been identified by city staff along with current technologies identified by Ameresco staff that would be applicable to City facilities. Energy conservation measures and facility improvements include the following (Preliminary Assessment attached): • LED street light replacements • Interior and exterior facility lighting • WWTF scour and aeration blower efficiency • Ball field lighting The next step will be to execute the "Project Development Agreement" which specifies the commitments of all parties. Ameresco will then develop a Project Proposal which will include the proposed scope of work, implementation costs, and guaranteed cost savings while being compliant with MN Statute 471.345, Subd. 13. City staff would be working closely with Ameresco during the development of the project proposal to ensure that our needs are being met while making significant progress towards reducing the City's energy consumption. The "Preliminary Engineering Assessment" is included as a separate item within your City Council packet envelope for your review. Ameresco staff will also be providing a brief presentation and answering any questions that you may have. The attached presentation will cover roughly the last 10 slides for the sake of time, so the first 15 are for your reference. At this point, we recommend that the City proceed with the "Project Development Agreement" with the understanding that the fee of $35,000 will be included within a future project administered by Ameresco. However, if the City Council decides to not proceed with any improvements through Ameresco, the fee amount will have to be compensated to Ameresco. BOARD ACTION REQUESTED: Approve/deny executing Project Development Agreement with AMERESCO. Fiscal Impact: $ 35,000.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 35,000.00 Total City Cost: $ 35,000.00 Funding Source: Infrastructure Planning Funds - if necessary Remaining Cost: $ 0.00 Funding Source: PROJECT DEVELOPMENT AGREEMENT THIS PROJECT DEVELOPMENT AGREEMENT (this "DevelopmentAgreemenf� is entered into as of the day of June, 2018, by and between the City of Hutchinson with a principal business address at 111 Hassan Street, Hutchinson, MN 55350 ("Customer' and Ameresco, Inc. having its principal place of business at 111 Speen Street, Suite 410, Framingham, Massachusetts 01701 ("Amerescd�. The Customer and Ameresco may be referred to herein individually as a "Party' and collectively as the "Parties''. WHEREAS, Ameresco desires to perform certain energy services including a detailed energy audit for Customer at the facilities identified in Exhibit A attached hereto (the "Facilities'; and WHEREAS, Customer intends to enter into an energy services agreement ("ESA' with Ameresco for implementation of the Scope of Work (referred to below) identified by Ameresco as a result of its work under this Development Agreement. NOW THEREFORE, in consideration of the mutual promises and agreements contained herein, the Parties hereto hereby agree as follows: 1. Ameresco shall complete the following work under this Development Agreement (the "Development Work[in accordance with the Time Table set forth in Schedule 1 attached hereto]: (a) conduct an energy and infrastructure audit of the Facilities; (b) prepare and deliver to Customer a proposal (the "ProjectProposaf�, which shallinclude: (i) the proposed scope of work for installation of energy efficiency improvements ("Scope of Work which shall take into account improvements already planned for the Facilities, based on a schedule of planned improvements to be provided by Customer to Ameresco within ten (10) days of execution of this Development Agreement; (ii) the implementation price for the Scope of Work (the "Implementation Price'; and (iii) the estimated cost savings as a result of implementation of the Scope of Work. Ameresco's receipt of an executed copy of this Development Agreement shall serve as notification to Ameresco to proceed with the Development Work. Coincident with the completion of the Development Work and Customer's notification that it has approved the Scope of Work set forth in the Project Proposal, Ameresco will prepare and submit to Customer an ESA detailing the terms and conditions related to the implementation of the Project Proposal. 2. Customer hereby agrees that if it does not enter into the ESA with Ameresco within thirty (30) days of submission of the Project Proposal, Customer shall compensate Ameresco for its Development Work by paying a development fee to Ameresco in the amount of Thirty -Five Thousand Dollars ($35,000) (the "Project Development Fee'. The Project Development Fee shall be fully -earned, due and payable by Customer to Ameresco no later than forty-five (45) days after the date that Ameresco submits the Project Proposal to Customer. [All amounts not paid to Ameresco on or before the due dates specified in the preceding sentence shall accrue interest at the Prime rate of interest as published in the Wall Street Journal for major banks, or such lower rate as is prescribed by applicable law.] If Customer and Ameresco enter into an ESA which includes the Scope of Work, Customer will not be billed the Project Development Fee due under this Development Agreement as the Implementation Price shall be all inclusive. In the unlikely event that Ameresco is unable to develop a project that is estimated to result in sufficient energy savings and/or avoided future capital or operational costs to Customer so that the installation costs can be paid from said savings over a period not to exceed 20 years, then Customer would not be obligated to reimburse Ameresco the Project Development Fee; provided, however, that Ameresco will be deemed to have earned the Project Development Fee should Ameresco's failure to develop a project with such a payback period result from either (a) a material adverse change in Customer's credit or bond rating or (b) an increase in interest rates due to conditions beyond the control or fault of Ameresco such that the costs associated with the Scope of Work increase. [For the sake of clarity, Ameresco shall be entitled to the Product Development Fee if it delivers a Project Proposal for a project that is estimated to result in sufficient energy savings and/or avoided future capital or operational costs to Customer so that the installation costs can be paid from said savings over a period not to exceed 20 years without regard to whether the Time Table in Schedule 1 is met.] 3. Ameresco's receipt of an executed copy of this Development Agreement shall be evidence of Customer's agreement to the terms and conditions of this Development Agreement and its authorization of and notification to Ameresco to proceed with the Development Work. Ameresco will thereafter promptly initiate the Development Work. 4. Ameresco's obligation to provide the Development Work under this Development Agreement may be terminated by Ameresco: (a) Upon seven (7) days written notice if Ameresco believes that Ameresco is being requested by Customer to furnish or perform services contrary to Ameresco's responsibilities as listed in Section 2, as a qualified professional services firm; or (b) Upon seven (7) days written notice if Ameresco's services for the Development Work are delayed or suspended for more than ninety (90) days for reasons beyond Ameresco's control. In the event of termination pursuant to this Section 4, Customer will pay Ameresco for its time incurred on the basis of percent complete utilizing the total fixed price outlined in Section 2, above. 5. This Development Agreement and exhibits hereto, if any, shall (a) constitute the entire agreement between the Parties relating to the subject matter hereof, (b) supersede all previous agreements, discussions, communications and correspondences with respect to the subject matter hereof and (c) only be amended, supplemented or modified by a written instrument executed by both Parties. If any provision of this Development Agreement is held by a court of competent jurisdiction to be unenforceable, no other provision shall be affected thereby, and the remainder of this Development Agreement shall be interpreted as if it did not contain such unenforceable provision. 6. Customer hereby agrees to provide timely and complete access to all necessary property and energy consumption and cost records for the three (3) years preceding the commencement of Ameresco's services. Customer will make available the assistance of such personnel as may be necessary for Ameresco's performance of the Development Work hereunder. If, during the performance of the Development Work, Ameresco should conclude, as a result of its analysis of the data provided by Customer, that it is not able to develop a project consistent with the terms of this Development Agreement, as a result Ameresco may, by written notice to Customer, terminate this Agreement. 7. In no event shall Ameresco be liable for any special, consequential, incidental, punitive, exemplary or indirect damages in tort, contract or otherwise, including, without limitation, loss of profits, loss of use of the Facilities or other property, or business interruption, howsoever caused, in connection with this Development Agreement. 8. Ameresco and Customer represent and warrant to each other that (a) the execution, delivery and performance of this Development Agreement have been duly authorized and approved by all necessary organizational action on the part of such Party, (b) the signatories hereto have been duly authorized by all necessary organizational action of such Party to sign and deliver this Development Agreement and (c) upon execution this Development Agreement will constitute a legal, valid and binding obligation of such Party. W Pursuant to Minnesota Statutes Sections 6.551 and 16C.05, subd. 5 Ameresco's books, records, documents, and accounting procedures and practices relevant to this Agreement are subject to examination by Client, the Minnesota Legislative Auditor, and/or the Minnesota State Auditor, as appropriate, for a minimum of six years from the end of this Agreement. 9. In the event Customer and Ameresco fail to execute an ESA as provided in paragraph 2 above, because Ameresco will not therefore be engaged to perform services in connection with the implementation of its recommendations, Ameresco will have no control over such implementation by the Customer or any third party. Accordingly, Ameresco specifically and expressly disclaims all responsibility for the use of or reliance upon such documents or memoranda by the Customer or any third party. Customer hereby agrees to indemnify and hold harmless Ameresco for any liability, loss, cost, expense, or damage which may result from the use of the documents and/or memoranda provided by Ameresco hereunder in the implementation of the energy savings recommendations made by Ameresco without its continued involvement. 10. This Development Agreement shall be governed by the laws of the State in which the Facilities are located. IN WITNESS WHEREOF, the duly authorized officers or representatives of the Parties have set their hand under seal on the date first written above with the intent to be legally bound. City of Hutchinson AMERESCO, INC. Authorized Signature Authorized Signature Name Title Louis P. Maltezos Executive Vice President 3 EXHIBIT A FACILITIES LIST Airport 1700 Butler Field Dr SW Hutchinson, MN 55350 City Center I I I Hassan St SE Hutchinson, MN 55350 City Street Lighting Locations Hutchinson, MN 55350 Civic Arena 900 Harrington St SW Hutchinson, MN 55350 Creekside Compost 1500 Adams St SE Hutchinson, MN 55350 Events Center 1005 Highway 15 S Hutchinson, MN 55350 Fire Department 205 3rd Ave SE Hutchinson, MN 55350 Hutchinson Area Transportation (HATS) 1400 Adams St SE Hutchinson, MN 55350 Library 50 Hassan St SE Hutchinson, MN 55350 Liquor Hutch 245 Washington Ave E Hutchinson, MN 55350 Oakland Cemetery 805 Highway 15 S Hutchinson, MN 55350 Parks Office and Shop 1100 Adams St SE Hutchinson, MN 55350 rd Police Department 10 Franklin St SW Hutchinson, MN 55350 Recreation Center 900 Harrington St SW Hutchinson, MN 55350 Wastewater Treatment Facility 1300 Adams St SE Hutchinson, MN 55350 Water Treatment Plant 439 Prospect St NE Hutchinson, MN 55350 5 SCHEDULE 1 TIME TABLE OF EVENTS What When 1 Execute Project Development Agreement June' 2018 (PDA) 2 Review preliminary findings with Customer July/August, 2018 3 Review final project scope, costs, and August/September, 2018 savings with Customer Deliver Energy Services Agreement (ESA) 4 to Customer August, 2018 Finalize Project Buildings Options — 5 Final Scope & Pricing September/October, 2018 Financial Funding Discussion & Review 6 Present Final Project Scope and Pricing to October /November, 2018 City Council for Approval 7 Final Scope and Legal Review of Contract October /November, 2018 Documents 8 Signing of Energy Service Agreement November, 2018 9 Issuance of the "Notice to Proceed" by November /December, 2018 Customer to Ameresco 10 Ameresco issues construction contracts to December 2018 / January, 2019 subcontractors and equipment suppliers 11 Construction begins January 2019 — December, 2019 ALP J Q �0 V F- J m Q z H D U) 0 z H w O IL z Q t� W W CD z Q O� OE r 0 N to N} Z O Rro Q (D 2 mCL _Qo 5 0 O N Q w O U Na W N ° >.— ,_ O M o) u, o W (1) 0 o =0 042 0 LL 0N fit W F V a � oo z W� o O F � J Z W H W O - V V N W W Q "1 Z r Al 3 0 o U s 0 A, Al LIE U 3 c� a U) 4- 0 a A A u .r C oC Q Q H N pp W rj Q O J N N Z O V N W cc G Q "1 " M 4 21 • �. al 1 Q M Vf i G! 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EU E o 0 U 0 CD L U W M, U W W U O a FM w c� w _O N U '— > N •� O 4-CD Q • C: O 4-0 � 4- > Q4-0 N to 06 Q 0 O U) .� Q F' N _O c }, O N }' U Q C N 0 4— CD O •� 'v� N U) N O O }' U —0 0 Cn to a O > >, o O U O C) U a� O •— ^�^'' •� w ` U O U > N W C: cn N L •o o U � L U cn 0 U 1 00 � 000 o N � Q N c� c� Q 4-j c/ cn aA Q E H v o a � o o C Q Q 'aA m U ateo Q U U Q }' Q a--+ C a� Q _ V i Ln V N w 0 } Y Z Q 2 H d 0 c� m o F U o m U N (n Z N � N ( � I� N p COD) co o :� CO U N Co T d o CO N E co -0 0 (D < rn w u HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Consideration of First Reading of Ordinance No. 18-788 Department: PW/Eng LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff New Business Time Requested (Minutes): 5 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff recently received a request from the general contractor for the City's 2nd Avenue Bridge Replacement project (Letting No. 2/Project No. 18-02) to revise our City noise ordinance requirements (6:00 AM start time allowed) relative to all days this summer. Please note that this project is scheduled to be completed by August 24, 2018. City staff believes that this is a reasonable request and feels that the extended working hours will hopefully ensure that the City specified construction completion date is satisfied by the contractor. BOARD ACTION REQUESTED: Approval of City Ordinance No. 18-788 First Reading 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: ORDINANCE NO. 18-788 AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE 2nd AVENUE SE BRIDGE REPLACEMENT PROJECT (L2/P18-02) Findings of the City Council: That the 2nd Avenue SE Bridge Replacement project (L2/P18-02) is scheduled to be completed on or before August 24, 2018. In order to have the project completed in a timely manner and to eliminate delays and additional expenses, as well as for the public good, governmental entities and their contractors and subcontractors may need to work longer hours than permitted in Hutchinson City Code §92.018(V)(2)(c) which permits construction activities only between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City Code §92.018 or any other City ordinance pertaining to noise shall not be enforced on the School Road and Roberts Road Reconstruction Project (L2/P17-02) from now through August 24, 2018, and that specifically construction activities will be allowed between the hours of 6:00 a.m. and 10:00 p.m. on all days between the dates noted above. Adopted by the City Council this 26th day of June 2018. Attest: Matthew Jaunich, City Administrator Gary T. Forcier, Mayor ORDINANCE NO.18-788 AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY ORDINANCE 92.018 PERTAINING TO HOURS OF CONSTRUCTION DURING THE 2 n d AVENUE SE BRIDGE REPLACEMENT PROJECT (L2IP18-02) Findings of the City Council: That the 2"d Avenue SE Bridge Replacement project (L2IPl8-02) is scheduled to be completed on or before August 24, 2018. In order to have the project completed in a timely manner and to eliminate delays and additional expenses, as well as for the public good, governmental entities and their contractors and subcontractors may need to work longer hours than permitted in Hutchinson City Code §92.018(V)(2)(c) which permits construction activities only between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday. Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City Code §92.018 or any other City ordinance pertaining to noise shall not be enforced on the 2"d Avenue SE Bridge Replacement project (L2/P18-02) from now through August 24, 2018, and that specifically construction activities will be allowed between the hours of 6:00 a.m. and 10:00 p.m. on all days between the dates noted above. Adopted by the City Council this 26th day of dune 2018. Attest: Matthew daunich, City Administrator Gary T. Forcier, Mayor HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Approve/Deny Policy for Invocation Department: Administration LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff New Business Time Requested (Minutes): 10 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: For your consideration is an attached policy to assist you in delivering the invocation at city council meetings. The proposed policy was discussed at your last meeting. The changes to the policy have been noted in red. I have also included a "clean version" of what you will be asked to approve (barring any last minute changes). Currently the invocation is given by the Hutchinson Ecumenical Ministerial Association. Adoption of this would place guidelines on staff for selecting individuals in the future to deliver the invocation. I've also included a separate memo addressing certain aspects of the invocation policy. BOARD ACTION REQUESTED: Approve/Deny City Council Policy for delivering the Invocation 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: ro Memo To: Mayor Forcier and City Council Members From: Matt Jaunich, City Administrator Date: 6/26/2018 Re: Policy on Invocation Office of the City Administrator 111 Hassan Street SE Hutchinson, MN 55350-2522 320-234-4241/Fax 320-234-4240 To assist you in your consideration of a policy to administer the invocation from here on out, I wanted to bring back to your attention some of what League of MN Cities has stated when it comes to including an invocation at city council meetings. This is based off of Supreme Court rulings and was much of the basis behind the policy that was drafted. I've shared this in the past, but there are five factors to consider when doing an invocation at city council meetings. I've used these five factors in the establishment of a policy. I've highlighted the five factors and where they can be found in the proposed policy. The Supreme Court decision that these "factors", or language, or a variation of it came from is Town of Greece, N.Y. vs. Galloway (2014). Factor #1 The first factor is that prayer (invocation) occurs at the beginning of the meetings instead of during the decision -making part of the meetings. This practice will help reduce the chances that an individual attending a meeting will feel pressured to participate in the prayer because of a concern that the failure to do so may affect how the council will act on a specific decision affecting that individual. Where this factor can be found in the policy? • Section IV • Section V(A) Factor #2 The second factor is that the elected officials are the intended audience of the legislative prayer (invocation). If city councils decide to include legislative prayer at the beginning of their meetings, it is best to view it as a benefit to the city council, not to other meeting attendees. Where this factor can be found in the policy? 0 Section I • Section V(I) • Section VI(G) Factor #3 The third factor noted is that participation in the city council's legislative prayer is voluntary. City councils that include legislative prayer in their meetings should be careful not to require the public to participate in the prayer and should not criticize anyone who chooses not to bow his or her head, stand, or otherwise engage in the prayer. Where this factor can be found in the policy? • Section V(A) • Section V(B) • Section V(I) • Section VI Factor #4 The fourth factor is that the city council "at no point excluded or denied an opportunity to a would-be prayer giver." City councils that include legislative prayer at their meetings should not discriminate against any prayer givers based on their religious beliefs and should make efforts to ensure that prayer givers represent a diversity of religious belief. The Supreme Court upheld the town clerk's practice of using the local business directory to contact churches seeking volunteer ministers to offer legislative prayer at town meetings. The Supreme Court reasoned, "So long as the town maintains a policy of nondiscrimination, the Constitution does not require it to search beyond its borders for non-Christian prayer givers in an effort to achieve religious balancing." Where this factor can be found in the policy? • Section V(B) • Section V(F) • Section VI Factor #5 The fifth factor is that a City Council "neither reviewed the prayers in advance of the meetings nor provided guidance as to their tone or content." The Supreme Court has held that legislative prayer does not need to be nonsectarian, or not identifiable with any one religion, reasoning that adopting such a requirement would not be consistent with the history of legislative prayer and would force the city council to act as a censor of religious speech. City councils that include legislative prayer in their meetings generally should not tell prayer givers what they can or cannot say in their prayers. However, there are likely some reasonable limits on the content of legislative prayer. The Supreme Court has indicated, for example, that legislative prayers that consistently criticize nonbelievers, threaten damnation, or preach conversion do not accomplish an acceptable legislative purpose, and therefore, may raise constitutional concerns. Where this factor can be found in the policy? • Section V(D) • Section V(G) • Section VI(G) As noted within the policy, staff feels it has done its due diligence in putting together this policy 2 and the framework of the policy ensures the City's practice of allowing an invocation is in compliance with Supreme Court rulings, and I would recommend approval of the policy. Matt 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. TINHNG 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 ftFA thef EepFese„tati es 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. It is also not appropriate to suggest that a council member, or anyone in attendance at the meeting, who is uncomfortable with the invocation or who wishes not to participate should leave during that portion of the meeting. B. The invocation shall be voluntarily delivered by an eligible member of the clergy or religious/spiritual leader eff within the city limits of Hutchinson. To ensure that such person is selected from among a wide pool of religious/spiritual leaders a*d 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. Invocations do not need to be nonsectarian, N inveeati but speakers sl+&U should not proselytize or otherwise epenly seek to promote any doctrine, of faith, belief, deetrine or dogma; e* advocate or campaign for conversion of individuals or groups or threaten damnation; . No invocation shall intentionally 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, eF a City Council Member, or city staff 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 in special situations. 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. J. Anyone violating this policy is subject to disqualification from offering future invocations and will be removed from the database of religious/spiritual leaders or 2 organizations eligible to give the invocation. VI. SELECTION AND SCHEDULING OF SPEAKERS The invocation shall be voluntarily delivered by an eligible religious leader of: O*hef: pef:s - 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 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. 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 guest from within or outside the community to provide the invocation. , elefie, ifnam, eldef, of the like-te provide the inveeation. The city council member can ask that their invited speaker be included in that year's schedule or that individual may be used to fill an open spot according to Section VI Q) below. The council member shall provide the guest speaker with a copy of this policy and guidelines for their review. 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. 3 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 l of each calendar year thereafter, the City Administrator or their designee shall mail an invitation addressed to the leader of fepfesent (Invocation Speaker) of each individual on the Congregation List. The invitation shall be dated at the top of the page, signed by the City Administrator, and read as follows: Dear Leader or Representative, The Hutchinson City Council invites and welcomes religious leaders op Peppesenta 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 u-v;a nts you are eligible to offer this impartan service at an upcoming meeting of the City Council. This opportunity is voluntary and if you are interested in offering the invocation, please send a written reply at your earliest convenience to the City Administrator's office at I I I Hassan Street SE, Hutchinson, MN 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; congregation or religious assembly. To assist you, the following basic guidelines are offered. In addition, A copy of the City Council's policy regarding invocations is attached for your information. 1. City Council meetings start at 5: 30 p. m. 2. The City Council is the intended audience, not those in attendance or viewing at home. 3. Invocations do not need to be nonsectarian and you are free to offer the invocation according to the principles of your conscience, but we ask that prayer givers be sensitive to the diversity offaith and beliefs represented throughout the community. 4. 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. 5. 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 lawmakers; and justice for the people are encouraged. 4 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, congregation or religious assembly 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: 52018 5 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. TINHNG 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 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. It is also not appropriate to suggest that a council member, or anyone in attendance at the meeting, who is uncomfortable with the invocation or who wishes not to participate should leave during that portion of the meeting. B. The invocation shall be voluntarily delivered by an eligible member of the clergy or religious/spiritual leader within the city limits of Hutchinson. To ensure that such person is selected from among a wide pool of religious/spiritual leaders 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. Invocations do not need to be nonsectarian, but speakers should not proselytize or otherwise promote any doctrine, faith, belief, or dogma; advocate or campaign for conversion of individuals or groups or threaten damnation. No invocation shall intentionally 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, a City Council Member, or city staff 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 in special situations. 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. 2 VL SELECTION AND SCHEDULING OF SPEAKERS The invocation shall be voluntarily delivered by an eligible religious leader 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 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. 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. D. In recognition of the invocation being for the purpose of the City Council, a city council member may invite a guest from within or outside the community to provide the invocation. The city council member can ask that their invited speaker be included in that year's schedule or that individual may be used to fill an open spot according to Section VI (J) below. The council member shall provide the guest speaker with a copy of this policy and guidelines for their review. E. 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. F. 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. G. 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 (Invocation Speaker) of each individual on the 3 Congregation List. The invitation shall be dated at the top of the page, signed by the City Administrator, and read as follows: Dear Leader or Representative, The Hutchinson City Council invites and welcomes religious leaders 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, you are eligible to offer this service at an upcoming meeting of the City Council. This opportunity is voluntary and if you are interested in offering the invocation, please send a written reply at your earliest convenience to the City Administrator's office at I I I Hassan Street SE, Hutchinson, MN 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, congregation or religious assembly. To assist you, the following basic guidelines are offered. In addition, a copy of the City Council's policy regarding invocations is attached for your information. 1. City Council meetings start at 5: 30 p. in. 2. The City Council is the intended audience, not those in attendance or viewing at home. 3. Invocations do not need to be nonsectarian and you are free to offer the invocation according to the principles of your conscience, but we ask that prayer givers be sensitive to the diversity of faith and beliefs represented throughout the community. 4. 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. 5. 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 lawmakers; and justice for the people are encouraged. On behalf of the City Council of Hutchinson, I thank you in advance for considering this invitation. Sincerely, City Administrator H. 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, congregation or religious assembly selected to give the invocation shall be scheduled to offer an invocation at more than two (2) city council meetings in any calendar year. L 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 4 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: 52018 5 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: Calling a Special Workshop Meeting - Hospital Money for 4 pm on July 10 Department: Administration LICENSE SECTION Meeting Date: 6/26/2018 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff New Business Time Requested (Minutes): 1 License Contingency Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: As was discussed at our budget kick-off meeting in May, we are in need of a more formal and in-depth conversation on the $5.939 million hospital money. That amount has currently been earmarked to the Community Improvement Fund and there is a desire to discuss how that money should be spent/earmarked. I'm asking the council to consider a workshop prior to our first meeting in July. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4:00 p.m. on July 10 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 CITY COUNCIL CityafA Request for Board Action Agenda Item: Set Council Workshop to review the 2017 Audit Report (CAFR) Department: Finance LICENSE SECTION Meeting Date: 6/26/2018 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff New Business Time Requested (Minutes): 1 License Contingency Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: I would like to call for a council workshop on July 24 at 4:30 to review the 2017 audited financial report. Kyle Meyers, who is a partner with our audit firm, Abdo, Eick & Meyers, will be here to lead the workshop and also to give a short presentation at the council meeting that night as he has done in previous years. If that date does not work, then August 14 at 4:30 would be the second option. Thank you. BOARD ACTION REQUESTED: Set a workshop to review the 2017 Audit Report. 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 cuyvf M- 14 Request for Board Action .iS.es"ii�i•: G• 4S'4i.R:6::tvwl•:. je _':.e' E:!':::i'!^wrd - Hf4 D13'sl.�ac.`'k.a. Agenda item: Amendment to Lease Agreement With TNT Air, LLC Department: Legal LICENSE SECTION Meeting Date: 6/26/2018 Contact: Marc A. Sebora Application Complete NIA Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency NIA Attachments: No BACKGROUND/EXPLANATION OF AGt=NDA ITEM: In 2017 the City Council approved leasing real estate at the Hutchinson Airport to TNT Air, LLC so that TNT Air, LLC could construct a hangar at the airport. As part of the construction of the hangar, TNT Air, LLC obtained construction financing through Citizens Bank and Trust here in town. The permanent financing is going to be made via an SBA loan through the Prairieland Economic Development Corporation in Slayton. In order to finalize the transaction to obtain the SBA loan the SBA requires that our lease with TNT Air, LLC be modified to protect the SBA's investment in the financing of the hangar. Those modifications center around giving the Prairieland Economic Development Corporation or the SBA the ability to re -rent the hangar to a new tenant should TNT Air, LLC default on its obligations to the Prairieland Economic Development Corporation or the SBA. I have had an opportunity to review the proposed amendments and I am satisfied that they protect the City's interests in making sure that any tenant taking over for TNT Air, LLC would have to comply with the City's land use and zoning ordinances, continue to maintain adequate insurance to protect the City and to continue making payments to the City for the real estate. I recommend your approval of this lease amendment. BOARD ACTION REQUESTED: Approve amendment to lease agreement with TNT Air, LLC Fiscal Impact: $ 0,00 Funding Source: NIA 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: 19.1 LEASE AGREEfVtENT BETWEEN CITY OF HUTCHINS©N AND TNT Air, LLC This agreement, made this 19th day of July. 2017, by and between the CITY OF HUTCH INSON (the "iUity") and TNT Air, LLC (the "tenant"), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows 9. Lease of airport fro_ A@ety: The tenant leases from the City a private hangar lot, as described on a map available at the City Engineer's office. The lot is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The lot is leased together with land and any improvements that may have been placed on it. The lot is described in an attachment to, and a part of, this Agreement. 2. Use of the airpn�The tenant has the privilege of using public portions of the airport in common with other useis. Use of the airport by the tenant is subject the rules and conditions as now exist rar may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary cnarges for such use as may be established from time to time by the Federal, State or City governments. 3. Term of this a reement, The term of this lease is fifty (50) years. The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council. At the termination of this lease, if the tenant shalt have desire to continue to have the above described premises, the tenant and City shall negotiate, in good faith, without obligating either party, to renew this lease at the same price or rent and upon the same terms and conditions as any person acting in good faith would offer to lease the above described premises. 4. Lease a menta: The tenant agrees to pay to t}ie City. A sum of $D. t 26 per square foot, payable annually, as determined by the outside dimensions of the hangar and required appurtenances, to the nearest one -foot. Lease payments are due on or before Noverntyer 1 of each year. The City reserves the right to amend rates related to this lease no more than on a biennial basis. Rate revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport, The City shall give rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Biennial rate increases shall not exceed five percent (5%). Any rate revisions shall be adopted by the City Council. 5. Construction of ri�ate han are gn leased ra ert ; A) The tenant agrees that hangars shatl be constructed at no cost to the City_ In the event the tenant has not completed construction of the hangar on the leased Premises within eighteen (18) months trout the date of this agreement, the City may terminate the lease without further obligation to the tenant. Bj Any hangar built upon leased property shall be constructed in compliance with applicable building caries. The hangar and any attachments and appurtenances thereto, excluding required apron, ramps, parking areas, and driveways up to and associated with the hangar, must be located entirely upon the leased premises. C) Tenants shall ensure hangars conform to design standards prescribed by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of the hangar upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the CO, 0) The tenant shall obtain the necessary regulatory authority and permits from the City. All construction shall be in a good and workmanlike manner and shall be in compliance with codes, ordinances, and other regulations applicable to the City and Hutchinson Municipal Airport. Ej Prior to construction of any hangar located on leased property, the tenant shall furnish to the City, for review and approval, the plans for the building, and provide the estimated cost of completing the building. The tenant shall provide the City with a letter of credit. bond or other security with a surety satisfactory to the City conditioned upon the commencement, completion of and payment for the construction of the building; and against loss or damage by reason of mechanics lien, The City may specify the acceptable type of surety F) During construction of the hangar, the tenant and/or tenant's contractor shall provide a certificate of insurance showing liability limits in an amount acceptable to the City and shall name the City as an additional insured. The City must approve insurance ravPrage before construction begins. The tenant andlor tenant's contractor shall protect the City from liability to persons or property for damages arising out of the construction or customary use of the building prior to obtaining an occupancy permit from the City. During construction, minimum liability coverage shall be one and one- half million dollars ($1,500,000) pei occurrence with one million dollars ($1,500,000) aggregate. G) Tenants shall pay the entire cost of such construction, and shall pay the entire cost of utility services and other services for the hangar. The tenant shall pay all site improvement costs not provided by the City, including but not limited to, filling, grading, gravel, bituminous, concrete, utility installations, and any other improvements required to properly place the hangar on the leased property H) Tenant shall construct a parking facility sized appropriately for the use of the hangar described by the Tenant. . 1) If the tenant allows a mechanic's lien to attach to the premises, such attachment of lien shall constitute a default. Tenant may post a casts bond with the City pending resolution of a mechanic's lien dispute. &. Use and maintenance of leased rojPe_rLt. Tenants, at their own cost and expense, shall take good care of the leased property and any hangar placed thereon, A) Any hangar constructed shall be used primarily for the storage of registered andlor leased aircraft and for related aviation purposes. Approved cases of hangars include Aircraft Sales, Maintenance, Parts Sales/Distribution, and Storage. Tenants may store non -aircraft owned motorized vehicles in hangar, provided they are personally owned and/or used in aviation related business. Use of the hangar for purposes other than those described herein sholl be described in writing and be approved by the City. Uses other than those described herein that are not approved by the City shall constitute a default on the tenant's part. B; Tenants shall keep and matntaln the property in good order and repair and in a clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be bitters to the tenant and become their responsibility. Unpaid billings may be certified to property taxes. Cj Tenants may not store any property outside the building, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleurn tanks used for heating, etc., provided such property is properly secured D) The cost for customary maintenance routinely performed py the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, Including snow removal, grounds maintenance and maintenance of public apron areas. The City reserves the right to establish separate fees for these maintenance operations. E) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar In any case, snow removal in front of hangars is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. F) Mowing and weed control immediately adjacent to the tenant's hangar are the tenant's responsibility. The City reserves the right to perform mowing and weed control functions in whatever manner it deems necessary. The City intends to Provide service up to a reasonable and safe distance from the tenant's hangar The City is not required to perform any mowing or weed Control function on leased property, but may mow or performs weed control on or adjacent to leased properties to expedite other maintenance operations. G) The City shall establish the standards by which public apron, ramp areas, and other Paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's hangar_ In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's hangar. H) The tenant must arrow the City to access to the hangar for the purpose of conducting inspections of the hangar to determine whether- the tenant is complying with the pfuvisions of thls agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes ssessm n .AnO other charges: ►) In addition to other charges identified in this agreement, the tenant shalt pay any taxes, assessments. licenses, fees, or other charges that may be levied or assessed upon the tanant's property or hangar or any activity of the tenant Upon request by the City, the tenant shall provide proof of such payment_ 6) The tenant WIWI establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased property during the term of this agreement. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes. assessments. fees, or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shah have the right to terminate this lease in accordance with section 8 of this Agreement. S. Termination �sravisione• A) At the termination of this lease the tenant has the privileye of removing the hangar and associated properties placed upon the leased lot. The tenant shall obtain all required permits. The tenant shall have a period of ninety days (90 days) from the termination date to remove property. In the event the tenant cannot complete the removal within ninety pays (90 days), the City may grant a reasonable extension of time, if the tenant can demonstrate the reasons for failure to remove property within the ninety -day (90 day) period are beyond the control of the tenant. If the tenant does not remove the property within the period granted by the City, the City shall retain ownership of remaining personal property for any municipal purpose or cause the persona[ property to be removed at the tenant's expense. D) ff the leased premises becomes deserted, abandoned or vacated for a period of more than four (4),months; the City may terminate the lease. If the tenant's interest In the property is taken by process of law, the City may terminate the lease. If the buildings or properties on the premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default in the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant. and may include use Of certified mail with return receipt andfor personal service. This may be done with Or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant, in any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. D) Should the leased property be declared condemned, either because the airport is closed to the public, or the property is needed for another municipal purpose, the City may reimburse the tenant for lease payments received in the preceding five (5) years. The City shall provide the tenant with at least ninety -days (90 days) notice of such action. 9.Liabllli rovi I ns: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions of causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on ❑r about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for or on account of any injury, loss or damage resulting from the tenant's property or use lhefeof, including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. After construction, minimum liability coverage shall be one and one-half million dollars ($1,500,000) per occurrence with one and one-half minion dollars ($1,500,000) aggregate. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, State of Minnesota and/or the United States Government to legally comply with this agreement. 10. Transferrin sublAfting seiifn : The tenant shaft not transfer, sublet or sell any interest in this agreement or in the improvements located on the property without first obtaining the written consent of the Cily, which cunsent shall not be unreasonably withheld provided the proposed assignee, subtenant or purchaser can demonstrate the ability and sufficient business record that it can carry out the terms of this agreement and has not been in any situation or condition that the City finds objectionable. Failure to obtain written consent shall be sufficient grounds for terminating this agreement without obligation of the City to the tenant_ 11. AMendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. DiscrilmlnatloLRMvLfelow. The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21 _ 13. Laws rules and regulations: l he tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or m any manner affecting the tenant relative to the use or occupancy of the tenant. 14. R ordtng the Lease: Upon completion of the building, a survey will be conducted and a legal desCription will be attached hereto and become part of the agreement. The lease will be recorded at the McLeod County Recorder's Office, and such fees as are required shall be (laid by the tenant IS. Venue for caasas of action: The laws of the State of Minnesota shall govern this lease and the venue for any causes of action shall be McLeod County, Minnesota 1115. Notices; All notices under this agreement shalt be sent to the following addiresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport— Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to thn ronant TNT Air, LLC 1710 Butler Field Dr SW Hutchinson, MN 55350 CITE' OF HUTCHINSON: Dated. 07111/2017 13y: i' . C-• i ,.. `... c .,.. (Gary F r o cier, Mayor) Subscribed and swor to before me this j :' day of. Q t� MELISSA A STARKE N07ARYPUBLIC •i+INNESaTA y -%Iy Gomm Exp. Ja-i 3$. 2421 Notary Publc of the State of Gl• nnesota My commission expires: ' �, ky I Attest-,��— ~ -- (Matthew Jaunieh, City Administratarj Subscribed and sworn to before me 4lSIi1PiV: this i _ day of (, le of MELiSSA A. STARKE t 1 � NOYARY PUBLIC •MINNESOTA My Comm. Exp. Jars. 37. 2U�� _ �►++Notary Public of the State of Minnesota TENANT: My commission expires For TNT Air, LLC its (Tenant) Dated: 5-Il •1 Ss '"" Subscribed and swam to before me �. CONNIE M. LAMBERT this day of Mg0, ZOI? Notary Puw,c jnnesota ,.. �r: VCorlmtksswr Expi»c ion 31. 2020 rrv�vyywy�,cyyr �4�etata 14Notary Public of Minnesota My commission expires: The tenant is leasing a Privale Commercial Hangar Lot, a lot in the first rove of private commercial hangar lots, identified on maps maintained by the City of Hutchinson. Appurtenances required for utility prevision shall be placed upon space so designated or [eased in a manner consistent with existing regulations. See attached map. INSTRUMENT WAS Marc A. Seboru 11utchissots City Attorney i I fiaasan St. SL+ Hutebinson, %IN SS3," (320) ihl.1151 Attorney 113 # 0251239 7 l'ax StArementa fur 1h4v rral property described in this I Inrlrument should be ceps to: 3 Tenant '"I - �OL AMENDMENT TO LEASE AGREEMENT BETWEEN CITY OF H UI'CH I NSON AND TNT Air, LLC T1 US AGRFEMENT, made this day of ...... 2018. by and between the City oi' 1 Iutchinson (the ``City°") and `l'NT Air, I.IX (the -Tenant").- RECITALS 1- I -he patties hereto executed a lease agreement dated July 2L 2017, recorded July" 24. 2017 as Document No. 431408 in the Mcl.vod (' uunty, M innest"ta Rrtordcr's Office (hereinafter "Lease-). ? 1-enant TN'I' Air, LLC seeks to obtain a 504 loan through Prairieland t:conornic Development Corporation 1 US Small Business Administration (hereinafter "I..sndor") for purposes of constructing improvements on the [Lased properly. 3. The parties hereto desire to amend the Lease to cuinply %,vith the 504 Loan requirements of the US Small Business Administration. NOW, THER1:iFOKE. in consideration of the mutual covenants and conditiorLs contained herein. the parties agree as ft)llnws: Te-nant has the right to encumber the leasehold estate by a leasehold mortgage. 2. For as long as any such leasehold mortgage is of record, no modification or cancellation of the Lease shall be made without the prior written consent of Prairieland Economic Development Corporation or the US Small Business Administration. 3. Prairieland Economic Development Corporation or the US Small Business Administration shall have J right w acquire the; Tenant's leasehold at any foreclost,u-C sale or by assignment trorn 'tenant, and steal 1 have the right to reassign the leasehold estate to a tenant comforting to the City's use and zoning regulations. The City may not unreasonably �k ithhold, condition, or delay any reassignment. 4. Prairieland Economic Development Corporation or the US Small Business Administralion shall have the right to sublease the leasehold interest to any subtenant ►vho C01-001-111s to the C'ity's use and Zoning regulations. 5. Within thirty (30) days after the expiration of any cure period for any continuing material default of the Lease. City must provide written notice (referencing SBA's loan number for the 504 Loan) of the default to Prairieland Economic Development Corporation and US Small Business Administration. At least sixty (60) days prior to any legal proceedings against or liquidation of the leasehold estate, the City must provide S13A �N itli �vritten notice of its intent to do so. 6. All insurance shall 1x: carried in companies acceptable to Lender, and the policies and renewals thereol'shall be held by lender and have attached thereto loss Payable C l.-RISC'S in favor of and in form acceptable to the tender. 1n event of loss, can notice in writing, to Lender, Lender may make proofof lass it'not made promptly by Tenarit, and each insurance company concerned is hereby authorized and directed to make payment for such lass directly to Lender instead of to Tenant and Lender jointly, and the insurance proceeds, or any- part thereof; may be applied by lender at its option either to the reduction to the indebtedness hereby secured Or to the restoration or repair of the property dammed or destroyed, In event of foreclosure of the 14aseltUld Mortgage. OF other transfer of title of said property and extinguishment of the indebtedness secured thereby, all right, title and interest of the Tenant in and to any insurance policies then and for shall pass to the purchaser or Lender or, at the option of the Lender, may he surrendered for a refund. Tenant shall, at 1 enant's own expense, procure zwd maintain liability insurance against claims I0r bodily injury, death and property damage occurring on or about the leased properly pursumit to the l.rrase, Section 5 F). 7. All awards ol-damages in connection with any condemnation for public use of or injury to any of the leasehold interest subject to the leasehold mortgage are hereby assigned and shall be paid to Lender. vvho nay al)l&y the sarne 10 payment 0khe installments last due under the note secured by the leasehold mortgage, and lender is hereby authorized, in the narn oC(hc Tenant, it) execute and deliver valid acyuinances thereof and to appeal 1rorn any such award. 8. To th-e extent that there is any conflict between the terms of -the Lease. and this Amendment, this Arnendrnent shall control. CITY OF I-I1, TCHINSC3N By: Its: Mayor By: Its: C:itv Administrator STATE OF MINNESOTA ) ) ss. COUNTY OF =MCLUIDD ) The foregoing instrLffnent -was ackno,Wvledged before me this day oC , ?U 18.. b4 .. _ _ _ _ _ and b the Mayor and City. Administrator, respectively of the City of Hutchinson, a Minnesota municipal corporation, on behalf t)f th4 municipal cojrpuration. (stamp) Notary Public FNT Air, I.I.0 By: (name) Its: STA F OF M1NN I.:SO FA ) ) Ss. COO-INTY OF MC.LEOD ) the foregoing instrument was acknowledged before me this day of 2018. by . and by _ _. � _ _ the and respectively, of ]INT Air, 1_1,C, a Minnesota limited liahility corporation, on behalf of'the corporation, (Stamp) 3 ........... ... _.._...... _ . Notary Public PRAIRIELAND ECONOMIC DEVELOPMENT CORPORATION Ann M. Peterson _.._ lt5: CEO STATE OF MrNNESOTA ) ) SS. COUNTY O MURRAY ) 'ne foregoing instrument was aekno\a ledged before me this _ ___ day of _ _.= 2018 by An. M. 1'eterson the CFO of Prairicland Economic De-,clopment Corporation, a Minnesota non-profh corporation. on behalf of the non-profit corporation. (Stamp) HIS INSTRUMENT DRAT ITI'D BY: l'aul E. Stoneherp S�I�[)NI-B1:RG, CiII J-S & S"l-ROUP 1'.A. Attorneys at l.aw 300 South O'Connell Street Marshall MN 56258 Tulepholle: (507) 537-0591 Attorney Reg. No. 105892 4 ?rotary Public Public Arts Commission Meeting 5/10/2018 3:20 pm Attending: Steve Cook, Jon Otteson, Kay Voigt, Greg Jodzio, Tinea Graham, Morgan Baum Guests: Cindy Buchholtz, Betty Brandt, David Wegsheid Called to Order 1. Reading of the Minutes from April 10th meeting - I correction under 2b, replace email with the word website. Motion to Approve as written by Kay, 2nd by Greg, Passed. 2. David Wegsheid gave an update presentation of the 2 mural projects. The Les Kouba train station project has the private party funding and there is interest to make it a featured site for the farmer's Market area. Looking into boxcar, rails moving and set up options. Working on getting City and McLeod Rail Authority approval. The Vets Memorial project is moving along also. Vet's Memorial Park Board very in favor of wall panels on Shopko wall. Would be willing to help with fundraising also. Contacted Shopko, sounds favorable but do not have official approval yet. 3 feet of the ground approx. 2424 ft on removable panels. Steve suggested 3 steps to complete before next update. Confirm Shopko approval, Confirm Budget and have a drawing to scale to preview. 3. Betty Brandt and Cindy Buchholtz gave a presentation on Barn Quilts. Community Tourism Idea. Nationwide fast growing program. Looking at starting a program here, a natural fit with our Nationally recognized quilters and quilt shop. Requesting Placards similar to Les Kouba signs at the edge of town to recognize Lynette Johnson for her quilts. Outlined some possible program classes to start making quilt paintings here. Possibilities of fundraiser campaign. 4. Jon gave Update on Sculpture Stroll 2 pieces in place and he will be posting as the rest are put into place. Presented need for invoices for receipt of prize money for financial records. Presented new mockup for brochure. It will not have the voting ballot, instruction to vote online instead and a different fold will be saving some cost. Additions noted - Update display date and alterations to map space. Expecting to order same quantity as last year. Will send out final layout to members via email. Jon is planning to connect with Jackie to update Facebook page. Steve said he would bring a proof of the corporate sponsorship letter to next meeting. 6. Morgan brought booklets on Impact of MN Arts to review and volunteered to present a workshop to organizations such as Economic Development Council and City Council. 7. A brief discussion continued on the fundraising program of decorated sculptures auction. Tabled until next meeting. 8. Greg asked to look at changing date of meetings. Tabled until next meeting. Next scheduled meeting will be June 14th. 4 pm. Motion to adjourn by Greg, second by Steve. Submitted by Tinea Graham, PAC Secretary. �e� HRA HUTCHINSON HCPUStNG AND REDEVELOPMENT AUTHOR4TY Regular Board Meeting Tuesday, May 15, 2018, 7:00 AM Minutes CALL TO ORDER: Chair Renee Lynn Johnson Kotlarz called the meeting to order. Members Present: Gary Forcier, and Nikki Willemssen. Staff Present: Jean Ward and Judy Flemming. 2. CONSIDERATION OF MINUTES OF THE REGULAR BOARD MEETING ON APRIL 17, 2018 Nikki Williamson moved to approve the Minutes of the regular board meeting as written. Gary Forcier seconded and the motion carried unanimously. 3. FINANCIAL REPORTS a. Nikki Willemssen moved to approve City Center General Fund payments of $14,122.59 for checks 8927 to 8934. Gary Forcier seconded and the motion carried unanimously. b. Nikki Willemssen moved to approve City Center April 2018 financial statements. Gary Forcier seconded and the motion carried unanimously. c. Nikki Willemssen moved to approve Park Towers operating account payments of $76,502.34 for checks 14284 to 14307. Gary Forcier seconded and the motion carried unanimously. d. Nikki Willemssen moved to approve the January 31, 2018 & February 28, 2018 Park Towers financial statements. Gary Forcier seconded and the motion carried unanimously. 4. PARK TOWERS UPDATE a. Occupancy Report — 99% occupied. b. FYI: Park Towers' May Newsletter. c. FYI: Caulking project started May 7, 2018; completion date July 31, 2018. 5. WORKFORCE HOUSING DATA REQUIRED FOR IMPACT APPLICATION FOR AFFORDABILITY GAP a. Jean Ward presented to the Board the Workforce Housing Task Force presentation and recommendations. 6. 7:30 A.M. AUDIT PRESENTATION BY ERIN ENSTAD, ABDO EICK & MEYERS Auditor reviewed the audit with the Board. Gary Forcier moved to approve the 2018 Audit Report. Nikki Willemssen seconded and the motion carried unanimously. WORKFORCE HOUSING DATA REQUIRED FOR IMPACT APPLICATION FOR AFFORDABILITY GAP - Continued b. Jean Ward reviewed with the Board the City Center Cash Balance Analysis Report. c. Nikki Willemssen moved to approve Resolution 2018-3 to Commit Leverage to MHFA Impact Program Affordability Gap for 2018 Hutchinson Workforce Starter Home Initiative. Gary Forcier seconded and the motion carried unanimously. May 15, 2018 Minutes Page 1 of 7. CONSIDERATION OF REQUESTING CITY COUNCILIHRA WORKSHOP DATE IN JUKE TO REVIEW THE 2018 HUTCHINSON WORKFORCE STARTER HOME INITIATIVE APPLICATION TO MHFA IMPACT FUND The HRA Board would like to request a City Council/HRA workshop June 26" at 4PM to review the 2018 Hutchinson Workforce Starter Home Initiative application to MHFA Impact Fund. 8. COMMUNICATIONS a. Keeping Communities Strong by Preserving Public Housing - (Park Towers noted) b. 2018 First Quarter Foreclosure Report c. Jean is starting to work on the 2019 Budget. d. Jean updated the Board on a tenant issue at Park Towers. 9. ADJOURNMENT Nikki Willemssen moved to adjourn and Gary Forcier seconded. There being no other business, Chair Renee Lynn Johnson Kotlarz declared the meeting adjourned. Recorded by Jean Ward, HRA Executive Director Forcier, Secretary/Treasurer May 15, 2018 Minutes Page 2 of 2 HUTCHINSON CITY COUNCIL CityafA Request for Board Action Agenda Item: May 2018 Financial and Investment Reports Department: Finance LICENSE SECTION Meeting Date: 6/26/2018 Application Complete Contact: Andy Reid Agenda Item Type: Presenter: Reviewed by Staff Governance Time Requested (Minutes): 0 License Contingency Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: For Council review, attached are the May Financial Reports for the general fund and enterprise funds. Also attached is the May Investment Report. Feel free to contact me with any questions. Thank you. BOARD ACTION REQUESTED: Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: O Z U O _ co r U c N L LOr M H �a a� W 0 W Z LU a Z LU F 0 0 Z N W IW.L Xa LU a Z a LU Z LU LU w F- co LU O Q N � m U) J F- U Q co 0 N Q F- Q V N In CO 00 00 CA , N LO (1) N M 0 0 0 0— 0= 0 0 Il- O LD 00 N LD = 0 0 C6 O C6 C6 I� cr N L6 L6 CO O 00 N M M LO N V — N N LO 0— N V M 0 I� N V 00 V 00 O C6 N CrL6 C6 Il- (Y) Il- N m N N V O V O Il- LO LO 0 M 00 V I� (` 5 (fl 0 .4 N (D (Y) (Y) N V 0 Il- 00 O Il- O LO M CO CO N Il_ m V LO N v (0 1- M = 0 I" o ' L(� O cr C`7 L(5 V N N M M o 0 o M V (Ooo—voNo V O O= LO LO 0 0 ' L6 L6 C`') L6 O CrL6 L6 N O V LO V = = LO C) M M LC) M M LO V — N N M N I- O r— N M N L6 I� M O N I- M LD M = N N O (D CA CA LD (D — LO I- O M I- V O ' M (D CA co CA ' rl- ' I- = (D (D O LO LO CA M LO CA I- CA LO (Y) C � M M M L( co N LO CO LO O C N LO 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� v1 ,--� N l� D1 � oo 00 l- l- N l- v1 M v1 ,--� ,--� �O v1 v1 M v1 l0 00 D1 O --� N M v1 l0 l� 00 01 O N M 00 l0 00 00 01 O - N M l- l- 00 00 00 00 00 00 00 00 00 00 00 00 D1 C1 D1 D1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W A N Q �I C� A °wo a� MW `I in. 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N N N N N N N N N N N N N N � � o0 00 00 00 � o 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N U Al Al � U U O N N N U N U N N N N N N N N N N N N N N N N N N N N N N N cn cn cn �' cn �' cn cn cn cn cn 'C cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn cn 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N M M M M M M M M M M M M M M M M M M M M M M M M M O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O H H H H H H H H H H H H H H H H H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O, O� O� O, O, O� O O O O� O O, O, O, O, O, O� O� O� O, O O, O O� O O O O, O, O N N N N N N M M M N M N N N N N N N N N M N M N M M M N N M IL IL IL IL IL IL N IL IO IO IO 'O 'O 'O 'O 'O 'O N 'O 'O 'O O O M O O M M M M M O O O O O O O O O O O M M M M M M M M M 3 3 3 z w z z z z > > � � � UD z ¢ ¢ ¢ 3 3 3 U U U d r d o 00 0 tW w r" C7 W C7 Cl) C7 U U U m m o � v1 � r— w C� O — N M � v1 � r— w C� O — N M � v1 � r— w C� O — N M O O O O O O O O O O — — — — — — — — — — N N N N O O O O O O — — — — — — — — — — — — — — — — — — — — — — — --� O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W W a� 0 U a� A 0 Q �I C� A °wo a� MW i in. 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N 00 00 00 00 00 00 00 00 00 00 00 00 00 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 00 00 00 00 00 00 00 00 00 00 00 00 00 O O O O O O O O O O O O O O N N N N N N N N N N N N N N M M M M M M M M M M M M M M O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O O O O O O O O O O O O O H H H H H H H H H H H H H H 0 0 0 0 0 0 0 0 0 0 0 0 0 0 l� V1 00 01 � � V1 01 00 V1 01 01 M V1 O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 C, C, o; o; N M M M M M M M M M N N N N - - - - - - - - - - - - - - 3 3 y y z z oV) coo y coo � N �+ �coo coo coo coo O O O C� 110 O O O O C� v1 N N N N N N M M M M M M M M O O O O O O O O O O O O O O 00 00 00 00 00 00 00 00 00 00 00 00 00 00 W W W W W W W W W W W W W W W W W W W W W W W W W W W W MW