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cp10-10-23HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, OCTOBER 10, 2023 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 — CrossPoint Church (The invocation is a voluntary expression oftheprivate citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PUBLIC COMMENTS (T is is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of September 26, 2023 (b) Council Workshop of September 26, 2023 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 Resolution No. 15633 — Resolution Setting Interest Rate for the 2023 Adopted Assessment Rolls (b) Consideration for Approval of Resolution No. 15640 — Resolution Supporting Capital Improvements and Betterments of Otter Lake and Campbell Lake, the South Fork of the Crow River and Other Tributaries to the Lakes (c) Consideration for Approval of Resolution No. 15641 — Resolution Supporting Capital Improvements at the Hutchinson Area Transportation Services Building (d) Consideration for Approval of Recycle Aggregate Crushing Services CITY COUNCIL AGENDA — October 10, 2023 (e) Consideration for Approval of Grant Agreement with the State of Minnesota Department of Employment and Economic Development (f) Consideration for Approval of Non -Federal Reimbursable Agreement Between Federal Aviation Administration and City of Hutchinson (g) Consideration for Approval of Summary of Ordinance No. 23-842 — Ordinance Amending Chapters 95 and 113 of the Hutchinson City Code (h) Consideration for Approval of Spooky Sprint Event on October 28, 2023 (i) Claims, Appropriations and Contract Payments — Register A 8. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B PUBLIC HEARINGS — 6:00 P.M. - NONE purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) UNFINISHED BUSINESS 9. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 23-843 — AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED IN SANTELMAN'S THIRD ADDITION AND APPROVE RESOLUTION NO. 15637 — APPROVING THE VACATION OF UTILITY EASEMENTS AT 505 HILLTOP DRIVE NE AND 515 HILLTOP DRIVE NE NEW BUSINESS 10. APPROVE/DENY FIRST READING OF ORDINANCE NO. 23-840 — AN ORDINANCE AMENDING CHAPTER 92 OF THE HUTCHINSON CITY CODE PERTAINING TO WEEDS 11. APPROVE/DENY RESOLUTION NO. 15642 — RESOLUTION APPROVING 2024 EMPLOYEE BENEFITS PACKAGE 12. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR OCTOBER 24, 2023, AT 4:00 P.M. TO REVIEW COMMUNITY SURVEY RESULTS GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, 2 CITY COUNCIL AGENDA — October 10, 2023 policy development and governance process items.) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Tall Grass/Noxious Weed Report for Summer 2023 NHSCELLANEOUS 14. STAFF UPDATES 15. COUNCIL/MAYOR UPDATE 16. CLOSED SESSION PURSUANT TO MINNESOTA STATUTE §13D.05, Subd. 3(c) TO DISCUSS SALE OF REAL PROPERTY LOCATED AT 44 WASHINGTON AVENUE WEST, 10 FRANKLIN STREET SW, 28 FRANKLIN STREET SW AND 127 1ST AVENUE SW ADJOURNMENT HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, SEPTEMBER 26, 2023 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance %y city staff, commitlees and hoards. Many decisions regarding agenda Items are based upon this infornraltan as well as: City pot icy and practices, input from conslituends, 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 Tim Burley, Chad Czmowski, Pat May and Dave Sebesta. Others present were Matt Jaunich, City Administrator and Marc Sebora, City Attorney. (a) Approve the Council agenda and any agenda additions and/or corrections Motion by Czmowski, second by May, to approve the agenda as presented. Motion carried unanimously. 2. INVOCATION — River of Hope (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 religiouslspiritual organization. The views or beliefs expressed by fire irivucaliurr speaker crave not been previously reviewed or approved by the Council or stuff PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15632 — Accepting $600 Donation from Walter & Lynne Clay for Police Department Future Equipment Purchases Motion by Czrnowski, second by Burley, to approve Resolution No. 15632. Motion carried unanimously. (b) Resolution No. 15638 — Resolution Accepting $5000 Donation from Chad Greenway's Lead the Way Organization for Fireman's Park Project Motion by May, second by Burley, to approve Resolution No_ 15638_ Motion carried unanimously. (c) Resolution No. 15639 — Resolution Accepting $400 Donation from Rich Valley Township for Assistance to City of Silver Lake Pool Motion by Czmowski, second by Sebesta, to approve Resolution No. 15639. Motion carried unanimously. PUBLIC COMMENTS 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 i f he will be accepting publ is comments during the agenda item if not a public• hearing. If you have a question, concern or comment, please ask to Ise recognized by the mayor —state your name and address for the record Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of September 12, 2023 CITY COUNCIL MINUTES — September 26, 2023 (b) Council Workshop of September 12, 2023 Motion by May, second by Burley, to approve the minutes as presented. Motion carried unanimously. CONSENT AGENDA e items lisfedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed) 7. APPROVAL OF CONSENT AGENDA (a) Consideration for Approval of Resolution No. 15628 — Resolution to Dispose of Surplus Creekside Property (b) Consideration for Approval of Resolution No. 15634 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit for a Used Car Sales Lot in an i1C Zoning District, Located at 845 Hwy 7 West with Favorable PIanning Commission Recommendation (c) Consideration for Approval of Resolution No. 15635 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Move a Single -Family Dwelling to 505 California Street NW With Favorable Planning Commission Recommendation (d) Consideration for Approval of Resolution No. 15636 — Resolution Adopting Findings of Fact and Reasons for Approval of Conditional Use Permit to Move a Single -Family Dwelling from 135 Is'Avenue NW to 1831 Island View Circle SW With Favorable Planning Commission Recommendation (e) Consideration for Approval of Contract with HICGI to Update Hutchinson Downtown Plan (f) Consideration for Approval of Acceptance of Growth Area Plan (g) Consideration for Approval of Issuing Short -Term Gambling License to Upper Midwest A-C Club from July 26-28, 2024, at McLeod County Fairgrounds (h) Consideration for Approval of Lift Station Control Panel Improvements Project (i) Claims, Appropriations and Contract Payments Motion by Czmowski, second by Burley, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. - NONE COMMUNICATIONS, REQUESTS AND PETITIONS 77e purpose o tinsportion oj the agen a is to provi e the ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 2 CITY COUNCIL MINUTES — September 26, 2023 UNFINISHED BUSINESS 8. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO.23-842 - AN ORDINANCE AMENDING CHAPTERS 95 AND 113 OF THE HUTCHINSON CITY CODE TO REFLECT CANNABIS USE, VAPING AND E-CIGARETTES AND INCREASING THE AGE FOR THE SALE, USE AND POSSESSION OF TOBACCO FROM 18 TO 21 YEARS OF AGE Marc Sebora, City Attorney, spoke before the Council. Mr. Sebora noted that no changes have been made to this ordinance since the first reading. The ordinance essentially regulates cannabis in the same way tobacco is throughout the city. The other major change is increasing the age for the sale, use and possession of tobacco from 18 to 21 in accordance with state law. Motion by Burley, second by Sebesta, to approve second reading and adoption of Ordinance No. 23- 842. Motion carried unanimously. NEW BUSINESS 9. APPROVE/DENY AMENDING VFW POST 906'S LIQUOR LICENSE TO INCLUDE LIQUOR CONSUMPTION/SALES IN PARKING LOT Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that the VFW has requested to have liquor sales outside their building within their parking lot. According to city code, this is an amendment to their liquor license and must be approved by the Council. Motion by May, second by Czmowski, to approve amending VFW Post 906 liquor license to include liquor consumption/sales in parking lot. Motion carried unanimously. 10. APPROVEIDENY FIRST READING OF ORDINANCE NO. 23-843 -- AN ORDINANCE VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED IN SANTELMAN'S THIRD ADDITION Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the property owner is requesting to vacate the easements that were in place prior to the re -plat that was approved last month. The re -plat will re-establish the needed easements when the plat is recorded. Motion by May, second by Sebesta, with Forcier abstaining, to approve first reading of Ordinance No. 23-843. Motion carried unanimously. 11. APPROVEIDENY RESOLUTION NO. 15629 — APPROVING THE 2024 HRA PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the HRA tax levy has a statutory limit of $278,410 however the HRA Board is requesting only $165,000 to fund its 2024 operations. The levy amount represents a 3.1% increase from the 2023 levy. Mr. Reid CITY COUNCIL MINUTES — September 26, 2023 reminded the Council that the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by Sebesta, second by May, to approve Resolution No. 15629 in the amount of $165,000. Motion carried unanimously. 12. APPROVE/DENY RESOLUTION NO. 15630 — APPROVING THE 2024 EDA PRELIMINARY TAX LEVY Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the EDA tax levy has a statutory limit of $272,842 and that is the amount the EDA Board is requesting to fund its 2024 operations. The levy amount represents a 5.7% increase from the 2023 levy. Again, Mr. Reid reminded the Council that the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by Czmowski, second by Burley, to approve Resolution No. 15630 in the amount of $272,842. Motion carried unanimously.. 13. APPROVE/DENY RESOLUTION NO. 15631 -- APPROVING THE 2024 GENERAL FUND & DEBT SERVICE PRELIMINARY TAX LEVIES Andy Reid, Finance Director, presented before the Council. Mr. Reid explained that the proposed preliminary tax levy of $9,014,428 reflects an overall City tax levy increase of 9.3%. This is based on a 12.0% levy increase to the General Fund levy and a 2.8% increase to the debt levy_ Combined with the HRA and EDA tax levies, the total tax levy increase is 9.1 %. The general fund increase is attributed mainly to wages and benefits. The budgetary increase for the employee performance - based wage adjustments amounts to a 4.5% tax levy increase. Health premiums are currently estimated to increase 25% which equates to a 3.5% tax levy increase. The budget for Supplies and Services & Charges is also increasing due to inflationary pressures. The budget will continue to be monitored over the next few months and adjustments will be determined as necessary. Again, the final levy will be approved in December and cannot be higher than the preliminary levy being set tonight. Motion by May, second by Czmowski, to approve Resolution No. 15631 in the amount of $9,014,428. Motion carried unanimously. 14. APPROVE/DENY SETTING TRUTH IN TAXATION HEARING Motion by Czmowski, second by Burley, to set Truth in Taxation hearing for December 5, 2023, at 6:00 p.m. Motion carried unanimously. GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, pe ormances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 15. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS 11 CITY COUNCIL MINUTES — September 26, 2023 (a) Hutchinson Utilities Commission Minutes from July 26, 2023 (b) Public Arts Commission Minutes from August 9, 2023 (c) Planning Commission Minutes from August 15, 2023 (d) Hutchinson Housing & Redevelopment Authority Board Minutes from August 15, 2023 (e) City of Hutchinson Financial Report and Investment Report for August 2023 MISCELLANEOUS 16. STAFF UPDATES Matt Jaunich —Mr. Jaunich gave a reminder that the Fall cleanup (white good pickup is this Saturday, September 30, 2023. He also noted that the State bonding committee will be touring t e HATS Facility and Lakes/River basin on October 3, 2023. 17. COUNCIL/MAYOR UPDATE ADJOURNMENT Motion by May, second by Czmowski, to adjourn at 6:10 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL UPDATE OF ENDS STATEMENTS/CORE VALUES DOCUMENT WORKSHOP MINUTES TUESDAY, SEPTEMBER 26, 2023 - 4:00 PM CITY CENTER— COUNCIL CHAMBERS 1. Call to Order Mayor Forcier called the workshop to order at 4:00 p.m. Members present included Tim Burley, Pat May, Dave Sebesta and Chad. Czmowski. Others present were: Matt Jaunich, City Administrator, Marc Sebora, City Attorney and other city directors. UPDATE OF ENDS STATEMENTS/CORE VALUES DOCUMENT 2. Ends Statements/Core Values Document Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich noted that today's workshop is to review and update the City's Ends Statements/Core Values document. Mr. Jaunich noted that the Ends Statements is a current document that went into effect in 2010 and was last revised in 2014. Ends Statements come from the Policy Governance system of organizational governance. They are basically a set of goals that designate the results for which the City exists and help drive the mission and vision of the City. When these were last reviewed, it was decided that mainly terminology needed to be changed such as Mission Statement vs. Global Statement and Core Values vs. Ends Statements. It was also discussed that a housing section should be added to the Core Values document as well as to add the Vision Statement. Council Members suggested a minor change in the Mission Statement revising "out -state Minnesota cities" to "regional centers". Mr. Jaunich then reviewed each section of the Ends, which will now be entitled Core Value Statements. These Core Value Statements include: 1. Public Safety -- no suggested changes/additions by Council Members. 2. Hcalth and Rccrcation — Council Mcmbcr Burlcy suggested adding languagc into 2.3.2 to include mental health; Mayor Forcier suggested adding "citizens" to 2.3.4; Council Member Sebesta suggested adding language to 2.4 to include businesses. 3. Transportation and Mobility — no suggested changes/additions by Council Members. 4. Economic Development — Mr. Jaunich added a section to address childcare with recruitanent and retention of employees. He also suggested a section related to diversity with businesses. 5. The Environment — no suggested changes/addition by Council Members. 6. Good Government — Based on a conversation held in 2017 following a wage study, Mr. Jaunich added language to this section to address attracting and retaining quality employees. 7_ Housing — Mr. Jaunich added this entire Core Value Focus related to Housing: "The City will advocate for safe and affordable housing, and encourage collaboration with other agencies and the private sector to meet community housing needs." 7.1 and 7.2 were included within this Core Value: 7.1 The city of Hutchinson, along with the HRA, will encourage programs and projects that will provide a comprehensive approach to addressing housing availability and affordability so that all can have a safe, secure place to call home. 7.2 Explore the availability of housing programs and projects that will address identified housing needs of Hutchinson. Mr. Jaunich suggested in the future perhaps there will be an additional line on the Board Action Form included in the Council packets that links the action item to a specific Core Value. He also noted that a Resolution adopting the Core Values will be before the Council at a future meeting. 3. Adjournment Motion by May, second by Burlcy, to adjourn the workshop at 4:55 p.m. Motion carried unanimously. ATTEST: Gary T. Forcier Mayor Matthew Jaunich City Administrator HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PORPOSE. Resolution 15633 Setting Interest Rate for the 2023 Adopted Assessment Roils Agenda Item: Department: Finance LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: Andy Reid Agenda Item Type: Presenter: Andy Reid Reviewed by Staff E Consent Agenda Time Requested (Minutes): 1 License Contingency NIA Attachments: Yes BA CKGROLIND/EXPLANA FION OF AGENDA ITEM: As we do each year that we bond for roadway/infrastructure improvements, Council must set the interest rate for the special assessments to be certified to the county. The interest on the assessments is at the true interest rate on the 2023 improvement bonds plus 1 %. City staff is asking the council to set the interest rate for the 2023 assessments at 4.58%, which is the true interest rate of 3.58% plus 1 %. BOARD ACTION REQUESTED: Approve Resolution 15633 setting the interest rate far the 2023 adopted assessment rolls at 4.58% Fiscal Impact: Funding Source: FTE Impact: Budget Change: New 6u Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ a.00 Funding Source: N/A CITY ❑F HUTCHINSON RESOLUTION NO. 15633 RESOLUTION SETTING INTEREST RATE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That all assessment rolls, which have been adopted or will be adopted relating to the 2023 improvement bonds, are hereby changed to read an interest rate of 4.58%. This rate is the true interest rate of the 2023 improvement bonds plus 1 W Adopted by the City Council this 1 Oth day of October 2023. ATTESTED: Matthew Jaunich, City Administrator APPROVED: Gary T. Forcier, Mayor HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PORPOSE. Resolution Supporting Lakes and River Related Improvements/Betterments Agenda Item: Department: PW/Eng LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BA CKGROLIND/EXPLANA TION OF AGENDA ITEM: During the ongoing pursuit of State bonding funds, City staff has prepared a City Council resolution to establish the support of capital improvements and betterments of Otter Lake and Campbell Lake, the South Fork of the Crow River and other tributaries to these lakes (see attachment). Also, attached for your reference is the previously proposed bill language that is was presented to State Legislators during the 2023 session. City staff recommends approval of the referenced resolution. BOARD ACTION REQUESTED: Approval of the Attached Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0,00 Funding Source: N/A RESOLUTION NO. 15640 RESOLUTION SUPPORTING CAPITAL IMPROVEMENTS AND BETTERMENTS OF OTTER LAKE AND CAMPBELL LAKE, THE SOUTH FORK OF THE CROW RIVER, AND OTHER TRIBUTARIES TO THE LAKES BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA WHEREAS, the City of Hutchinson recognizes the importance of its local surface waters as natural resources used for fishing, boating, and various other forms of recreation; and WHEREAS, the City of Hutchinson and the Minnesota Department of Resources invested in restoring the connectivity of the South Fork of the Crow River in 2007 by removing a concrete spillway, replacing it with a rock riffle dam that does not restrict fish migration upstream, and improves fish habitat; and WHEREAS, the City of Hutchinson has continued its commitment to construct regional storm water treatment practices to treat and retain storm water runoff by building storm water infrastructure and treatment ponds at Northwoods Park, Maplewood Academy, and Linden Park; and WHEREAS, the City of Hutchinson supports capital improvements and betterments of Otter Lake and Campbell Lake, the South Fork of the Crow River, and other tributaries to the lake, including stream and shoreline restoration, and the installation of a forebay that will collect non city sourced sediment from the river at the mouth of the lake basin before in enters the lakes and provide for its periodic removal; and WHEREAS, the City of Hutchinson has committed $500,000 of fund balance from the Community Improvement fund for the purpose of funding a Lakes and River Basin Restoration Project in accordance with Resolution number 15069 as adopted by the Hutchinson City Council on the 2511 day of June 2019; NOW, THEREFORE, BE IT RESOLVED that the Hutchinson City Council does hereby agree that the improvements and betterments of Campbell Lake, Otter Lake, the South Fork of the Crow River and other tributaries are needed in order to increase the areas for recreational activities and restore fish and wildlife habitat; and BE IT ALSO RESOLVED that the Hutchinson City Council does hereby support the project including predesign, design, engineering, and construction of capital improvements, including a forebay installation. Adopted by the Hutchinson City Council this 10th day of October, 2023. Mayor, Gary Forcier City Administrator, Matt Jaunich 12/13/22 REVISOR ]SKJCH 23-00980 as introduced SENATE STATE OF MINNESOTA NINETY-THIRD SESSION (SENATE AUTHORS: GRIJENUAGFN) DATE D-PG OFFICIAL STATUS 01/10/2023 125 Introduction and first reading Referred to Capital Investment S.F. No. 115 1, t A bill for an act 1.2 relating to capital investment; appropriating money for Phase 2 of lake restoration 1.3 in Hutchinson; authori.ing the sale and issuance of state bonds. 1.4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE Of MINNESOTA. 1.5 Section 1. HUTCHINSON; LAKE RESTORATION PHASE 2. 1.6 Subdivision 1. Appropriation. $3,500,000 is appropriated from the bond proceeds fund 1.7 to the commissioner of natural resources for a grant to the city of Hutchinson for capital 1.a improvements and betterments of Otter Lake and Campbell Lake, the South Fork Crow 1.9 River and other tributaries to the lakes in order to improve water quality, increase the areas 110 for recreational activities; and restore fish and wildlife habitat. The prof ect includes predesign, 1.11 design, engineering, and construction of capital improvements, including a forebay 1.12 installation. This appropriation is for Phase 2 of the project. This appropriation is in addition 1.13 to the appropriation under Laws 2020, Fifth Special Session chapter 3, article 1, section 7. 1.14 subdivision 16. This appropriation does not require a nonstate contribution. 1.15 Subd. 2, Bond sale. To provide the money appropriated in this section from the bond 1.16 proceeds fund, the Commissioner of management and budget shall sell and issue bonds of 1.17 the state in an amount up to $3,500,000 in the manner, upon the terms, and with the effect 1.18 prescribed by Minnesota Statutes, sections 1 GA.G31 to 1 GA.G75, and by the Minnesota 1.19 Constitution, article XI, sections 4 to 7 1 2p EFFECTIVE DATE. This section is effective the day following final enactment. Section 1. 1 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PORPOSE. Resolution/Letter of Support for bonding request for HATS Facility Agenda Item: Department: Public Works LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff Consent Agenda Time Requested (Minutes): 0 License Contingency NIA Attachments: Yes BA CKGROUND/EXPLANA TION OF AGENDA I TEM: The HATS Joint Powers Board has drafted a resolution and letter of support for a State bonding request to: 1) Construct 18,000 SF tempered vehicle/equipment storage building, 2) Construct an upgraded, updated fueling system, and, 3) Conduct internal renovations of existing facility to expand available mechanic space. Constructing tempered vehicle/equipment storage was deemed to be the most cost-effective option, utilizing existing facility to expand available mechanics' space. The current underground fueling system would be upgraded and updated to an above -ground system with additional environmental controls. The project is expected to cost $ 7,700,000 Construction $ 1,100,000 DesignlMgmt. $ 1,500,000 Const. Contingency $10,300,000 Total $ 6,400,000 County -City bond $ 3,200,000 StateTrunk Highway bond $ 700,000 HATS Facility funding $10, 300, 000 Total BOARD ACTION REQUESTED. Approve/Deny Resolution 15641 and Review Letter of Support from HATS Joint Powers Board members. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: $ 10,300,000.00 Total City Cost: $ 700,000.00 Funding Source: HATS Operating fund Remaining Cost: $ 9,600,000.00 Funding Source: State GO hondslTrunk Highway Funds RESOLUTION NO. 15641 RESOLUTION SUPPORTING CAPITAL IMPROVEMENTS AT THE HUTCHINSON AREA TRANSPORTATION SERVICES BUILDING, A SHARED FACILITY WITH CITY OF HUTCHINSON, MCLEOD COUNTY AND THE MINNESOTA DEPARTMENT OF TRANSPORTATION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA WHEREAS, the City of Hutchinson recognizes the importance, value and benefits of its partnership with McLeod County and the Minnesota Department of Transportation for the Hutchinson Area Transportation Services facility (HATS facility); and WHEREAS, the partner agencies have invested significant resources to construct, develop and expand the facility since its inception in 1996, with office area expansions by the Minnesota Department of Transportation and McLeod County Public Works and vehicle/equipment storage facilities by all agencies; and WHEREAS, the City of Hutchinson, by agreement, is the fiscal agent for the HATS facility and recognizes the need to construct a tempered vehiclelequipment storage building and improve fueling facilities; and WHEREAS, the City of Hutchinson supports construction of these improvements at the HATS facility; and WHEREAS, the City of Hutchinson has committed to utilize internal funds for interior improvements following the construction of tempered vehicle/equipment storage and fueling facility improvements from fund balances; NOW, THEREFORE, BE IT RESOLVED that the Hutchinson City Council does hereby agree that the improvements to the HATS facility are needed to improve transportation services to the region's population; and BE IT ALSO RESOLVED that the Hutchinson City Council does hereby support the use of funds to address project components including predesign, design, engineering, and construction of a tempered vehicle/equipment storage building and improvements to the facility's fueling site. Adopted by the Hutchinson City Council this 10th day of October, 2923. Mayor, Gary Forcier City Administrator, Matt Jaunich HATS FAC I LITY + CITY OF Ht1TCHINSON + MCLEOU COUNTY + MINNESOTA DEPARTMENT OF TRANSPORTATION 1400 Adams Street SE + Hutchinson, VIN 55350-7010 + (320) 234-HATS or (320) 234A287 + fax (320) 234-6971 September 28, 2023 This letter of support is written on behalf of the Hutchinson Area Transportation Services (HATS) Facility Joint Powers Board, recognizing their support for the State bonding request. As an award -winning shared facility, unique in Minnesota, the success of the facility aver the years has brought us to the point of needing additional tempered storage and an upgraded, updated fueling system. This project will also allow for internal use of the existing facilities to support additional mechanic space. With regard to additional tempered storage, this was determined to be the most cost-effective construction. The upgraded, updated fueling system will allow for safer, more environmentally sensitive fueling options, as well as providing for future EV fueling and even CNG fueling, if that proves to be an effective alternative fuel source for transportation maintenance trucks and equipment in the future. Freeing up vehicle storage space will allow the tenants of the HATS Facility to best use space in the existing facility to support agency mechanics. All three primary agencies are facing fiscal pressure to maintain expensive equipment over long periods of time. Vehicles and equipment are also becoming more and more complex. These factors increase the need for additional mechanic space. Existing facilities will be remodeled by the HATS Joint Powers Board to facilitate additional, efficient mechanic space. Funding for such a project would be an investment in the future of a joint facility serving the Mn Department of Transportation, McLeod County and the City of Hutchinson will into the future. We hope you will seriously consider the proposal. The support the HATS Joint Powers Board would receive would allow us to position the facility for success well into the future and improve environmental stewardship at the facility. John Olson, Andrew Engel, Kelly Brunkhorst Public Works Manager County Engineer Asst. District Engineer - City of Hutchinson McLeod County Public Works Maintenance Operations Chair Vice -Chair MnDOT District 8 Justin Juergensen Asst. Finance Directgor City of Hutchinson HUTCHINSON CITY COUNCIL Request for Board Action Consideration for Approval of Requisition #20399 to Intex Corporation for Recycle Agenda Item: Aggregate Crushing Services Department: Creekside LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: Andy Kosek Agenda Item Type: Presenter: Andy Kosek Reviewed by Staff ❑� Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: Creekside accepts blacktop and concrete rubble removed from both city and private projects in the area. The last crushing event of this material was in the fall of 2021 by Intex Corp., in which 20,000 tons were crushed. That inventory produced was sold out in the fall of 2022. Staff received one quote to crush UP TO 20,000 tons for 2023, no other contractors responded: -Intex Corporation provided a quote of $4.25 per ton, up to 25 hours of breaking at $215.001hr and a flat mobilization cost of $6,500.00. Total cost for crushing up to 20,000 tons is $96,875.00. Based on the quote received for this event, the final "all -in" cost per ton to crush will increase from the 2021 rate of $4.31 per ton to $5.10 per ton in 2023, these costs include crushing, breaking and mobilization expenses. The higher finished cost per ton for this event is more so a result of inflation and higher operating expenses since 2021. The sale price of the crushed material will be adjusted to offset the increase in costs. The finished crushed product [Bit -Con] is available for purchase to contractors and the general public. As noted above, there has been no issue in moving the Bit -Con inventory. 20,000 tons of crushed material is equivalent to approx. 14,285 cubic yards of material. BOARD ACTION REQUESTED: Approval of Requisition #20399 for aggregate crushing services to Intex Corporation in the amount of $96,875.00 Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: $ 96,875.00 Total City Cost: $ 96,875.00 Funding Source: Compost Fund Remaining Cost: $ 0.00 Funding Source: NIA 10/05/2023 Purchase Requisition 03:08 PM Purchase Requisition No 020399 Requested Date Required Date Requested By 10/05/2023 akosek Preferred Vendor 112176 INTEX CORPORA --ION Address PO BOX 260 Department ALBERTVILLE, MIDI 55301 Req_ Description FALL 2023 CRUSH & STOCKPILE 20,000 TONS OF 1" MINUS RE( Qty. Description GL Number 1 Unit Price Amount 20,000 CRUSH/STOCKPILE UP TO 20,00c 651-0000--14399 4.25 85,000.00 25 BREAKING - NOT TO EXCEED 25 651-0000-14399 215.00 5,375.00 1 MOBILIZATION 651-0000-14399 6,500.00 6,500.00 Total. 96,875.00 CtI�]:t�IC�lCCfi7� PROPOSAL Date: 1015l23 ■iall MINN t Al![n l t l HU-4101111P Name: Creek Side Work To Be Performed At: Street: 111 Hassan Street S.E. Street: City: Hutchinson City: Hutchinson State: MN State: MN Zip: 55350-2552 Approx. Start Date: Fall 2023 Telephone Number: 320-234-5680 Contact Person: Andy Kosek Fax Number: 320-234-5649 1. We propose to furnish all labor and equipment to crush and stockpile a maximum of 20,000 tons of concrete and asphalt rubble to 1" minus. Unit price of $ 4 . 2 5 per ton, plus sales tax or exemption certificate. 2. Measurement by belt scale. Customer is to provide a truck for any scale checks to ensure accuracy. 3- Material will be cleaned by INTEX using three magnets running along conveyors. All iron scrap to be recycled by INTEX, Intex will provide one 20 yard trash container. Any additional trash containers will be charged to customer at cost (third party invoices will be provided). 4. If dust suppression is required, customer must supply a water source within 50 yards of the crushers. Intex will provide a tank to fill if needed. 5. Intex will pull a sample and run a gradation every 2,500 tons. Any additional testing will be extra. 6. A lump sum charge for MOBILIZATION will be $6,500 plus sales tax or exemption cert.. 7. Breaking, if any, will be perforrned by customer, or by Intex at a rate of $215 per hour, not to exceed 25 hours - Terms: Invoiced on the 15r11 and 30'b of each month with the final invoice on day of completion. Each invoice is duc net 30 days. A finance charge of 1.5% (annual rate 18%) will be charged on all past due accounts. Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and wilI become an extra Charge over and above the estinuite. All agreements contingent upon strikes, accidents or delays beyond our control, 0%%mcr to carry fire, tornado and other necessary insurance upon above work. Work- er's Compensation and Public Liability Insurance on above work to be taken out by intix Corporation. Respectfully submitted: INTER CORPORATION Per: Gregory A. Buhl Note- This proposal may be withdrawn by Intex if not accented within to days. ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are anthoti;ced to do the work as specified. Payment will be ntade as outlined above. I)ate *Please mail, fax or entail, executed Signature to INTb:X to secure a spot on our schedule. P-0- BOX 260 - AL13E R I 1I-1-I:, 11W 55301 - OFTICI; (763) 428-8222 - FAX (763) 428-9577 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. APPROVAL OF GRANT AGREEMENT WITH THE STATE OF MINNESOTA Agenda Item: DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT Department: ESA LICENSE SECTION Meeting Date: 10/10/2023 Application Complete NIA Contact: Miles R. 5eppelt Agenda Item Type: Presenter: none Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: The City of Hutchinson has been awarded a grant of $53,821 from the state's Greater Minnesota Business Development Public Infrastructure (BDPI) Program The BDPI grant will assist the City with the construction of a storm -water retention pond and related infrastructure on a city -owned lot located at 1140 5th Avenue SE. These improvements will make the lot ready for development. The City must provide a 50% match, which will initially come from the Economic Development Loan Fund. This loan will then be repaid over time by tax increment dollars generated by current projects in the industrial park. The City Attorney has reviewed the grant agreement and found everything to be satisfactory. If you have any questions or need additional information, please give me a call any time at 234-4223. BOARD ACTION REQUESTED: Approval of Grant Agreement and authorization for Mayor & City Staff to sign Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA State of Minnesota: Department of Employment and Economic Development Greater Minnesota Business Development Public Infrastructure Program General Fund Grant Agreement — Construction Grant for the Hutchinson Lot 1140 BDPI Project Grant# BDPI-23-0003-FY24 Generic General fund Grant Agreement Ver — 8/9 22 For Construction Grants TABLE OF CONTENTS RECITALS-------------------------------------------------------------------------------------------------------------------------------------- ArticleI - Definitions......... ............................ - ... ............................................................................ Section1.01 Defined Terms................................................................................................... ArticleI1- GRANT......................................................................................................................... Section 2.01 Grant of Monies-----------------------•---------•--------•----...------------................................... Section 2.02 Use of Grant Proceeds .................. ...... ...................... Section 2.03 Operation of the Real Property and Facility ....................................................... Section 2.04 Grant Recipient Representations and Warranties..... . ....... -- ....... - ... -- ............. Section 2.05 Event(s) of Default............................................................................................. Section2.06 Remedies.... ...... - ...... - ...... -- ............................................................................. Section 2.07 Notification of Event of Default......................................................................... Section 2.08 Term of Grant Agreement.................................................................................. Section 2.09 Modification and/or Early Termination of Grant ............................................... Section 2.10 Effect of Event of Default. ................................................................................. Section 2.11 Excess Funds...................................................................................................... ArticleIII - USE AND SALE.......................................................................................................... Section 3.01 Use Contracts..................................................................................................... Section3.02 Sale .................................... ................................................................................. Section 3.03 Proceeds of a Sale------......••................................................................................ Article IV - DISBURSEMENT OF GRANT PROCEEDS............................................................. Section4.01 The Advances..................................................................................................... Section4.02 Draw Requisitions.............................................................................................. Section 4.03 Additional Funds from Borrower....................................................................... Section 4.04 Conditions Precedent to Any Advance.............................................................. Section 4.05 Construction Inspections.................................................................................... Article V - MISCELLANEOUS...................................................................................................... Section5.01 Insurance .............................--............................................................................ Section5.02 Condemnation .................................................................................................... Section 5.03. Use, Maintenance, Repair and Alterations......................................................... Section 5.04 Records Keeping and Reporting........................................................................ Section 5.05 Inspection of Facility After Completion............................................................ Section5.06 Data Practices ... --...... --........................................................................................ Section 5.07 Non-Discrimination............................................................................................ Section 5.08 Worker's Compensation..................................................................................... Section 5.09 Antitrust Claims................................................................................................. Section 5.10 Review of Plans and Cost Estimates.................................................................. Section5.11 Prevailing Wages................................................................................................ Section5.12 Liability.............................................................................................................. Section 5.13 Indemnification by the Grant Recipient............................................................. Generic General Fund Grant Agreement Ver - 8/9/22 for Constriction Grants 1 Section 5.14 Relationship of the Parties. ................................................................................. Section5.15 Notices ................................... -----------------------------............................................... Section 5.16 Binding Effect and Assignment or Modification ............................................... Section5.17 Waiver -------------------------------------------------------------------------------------------------------------- Section5.18 Entire Agreement ............ ............................................................................ Section 5.19 Choice of Law and Venue.................................................................................. Section5.20 Severability...................... .................................................................................. Section 5.21 Time of Essence ................................................................................................ Section5.22 Counterparts ..... ................................................................................................ Section5.23 Matching Funds................................................................................................. Section 5.24 Source and Use of Funds.................................................................................... Section 5.25 Project Completion Schedule............................................................................. Section 5.26 Third -Party Beneficiary...................................................................................... Section 527 Applicability to Real Property and Facility........................................................ Section5.28 E-Verification..................................................................................................... Section 5.29 Additional Requirements.................................................................................... Attachment I - DECLARATION..................................................................................................... Attachment II - LEGAL DESCRIPTION ----•• ................................................................................. Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT ..................................... Attachment W - PROJECT COMPLETION SCHEDULE............................................................. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 2 General Fund Grant Agreement - Construction Grant for the Hutchinson 1140 BDPI Project THIS AGREEMENT shall be effective as of October 10, 2023, and is between the City of Hutchinson, a Home Rule City ("Public Entity"), and the State of Minnesota Department of Employment and Economic Development ("State Entity"). RECITALS A. Under the provisions contained in Minn. Stat. 116J.431, the State of Minnesota has allocated $53,821 which is to be given to the Grant Recipient as a grant to assist it in the construction of public infrastructure for the Lot 1140 Project and; B. The monies allocated to fund the grant to the Grant Recipient are appropriated money from the State of Minnesota's general fund; and C. The Grant Recipient and the State Entity desire to set forth herein the provisions relating to the granting of such monies and the disbursement thereof to the Grant Recipient. IN CONSIDERATION of the grant described and other provisions in this Agreement, the parties to this Agreement agree as follows. Article I - Definitions Section 1.01 Defined Terms. As used in this Agreement, the following terms shall have the meanings set out respectively after each such term (the meanings to be equally applicable to both the singular and plural forms of the terms defined), unless the context specifically indicates otherwise: "Advance(s)" — means an advance made or to be made by the State Entity to the Grant Recipient and disbursed in accordance with the provisions contained in Article IV hereof. "Agreement" - means this General Funds Grant Agreement - Construction Grant for the Hutchinson Lot 1140 BDPI Project. "Architect", if any — means NOT APPLICABLE, which will administer the Construction Contract Documents on behalf of the Grant Recipient. "Commissioner of Management and Budget" - means the State of Minnesota acting through its Commissioner of Management and Budget, and any designated representatives thereof. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 1 "Completion Date" — means December 31, 2025 the date of projected completion of the Project as specified in the Construction Contract Documents. "Contractor" - means any person engaged to work on or to furnish materials and supplies for the Project including, if applicable, a general contractor. "Construction Contract Documents" - means the document or documents, in form and substance acceptable to the State Entity, including but not limited to any construction plans and specifications and any exhibits, amendments, change orders or supplements thereto, which collectively form the contract between the Grant Recipient and the Contractor or Contractors concerning the Project and which provide for the completion of the Project on or before the Completion Date for either a fixed price or a guaranteed maximum price. "Declaration" - means a declaration, or declarations, in the form as Attachment I and all amendments thereto, indicating that the Grant Recipient's interest in the Real Property and, if applicable, the Facility is subject to the provisions of this Agreement. "Draw Requisition" - means a draw requisition that the Grant Recipient, or its designee, will submit to the State Entity when an Advance is requested, and which is referred to in Section 4.02_ "Event of Default" - means those events delineated in Section 2.05. "Facility", if applicable, - means public infrastructure, which is located, or will be constructed and located, on the Real Property. "Fair Market Value" — means either (1) the price that would be paid by a willing and qualified buyer to a willing and qualified seller as determined by an appraisal which assumes that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released, or (ii) the price bid by a purchaser under a public bid procedure after reasonable public notice, with the proviso that all mortgage liens or encumbrances on the property being sold, which negatively affect the value of such property, will be released at the time of acquisition by the purchaser. "Grant" - means a grant of monies from the State Entity to the Grant Recipient in an amount of $53,821. "Grant Recipient" - means City of Hutchinson, a Home Rule Charter City. "Inspecting Engineer", if any - means the State Entity's construction inspector, or its designated consulting engineer. "Project" - means the acquisition of an interest in the Real Property and, if applicable, the Facility, along with the performance of those activities indicated in Section 2.03. "Real Property" - means the real property located in the County of McLeod, State of Minnesota, legally described in Attachment 11. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 2 "State Entity" - means the State of Minnesota Department of Employment and Economic Development. "Use Contract" - means a lease, management contract or other similar contract between Grant Recipient and any other entity, and which involves or relates to the Real Property and, if applicable, the Facility. "Usee" - means any entity with which the Grant Recipient contracts under a Use Contract. "Useful Life of the Real Property and, if applicable, the Facility" — means the term set forth in Section 2.04.T. of this Agreement. Article I1- GRANT Section 2.01 Grant of Monies. The State Entity shall issue the Grant to the Grant Recipient and disburse the proceeds in accordance with the provisions of this Agreement. The Grant is not intended to be a loan. Section 2.02 Use of Grant Proceeds. The Grant Recipient shall use the Grant solely to reimburse itself for expenditures it has already made, or will make, in the performance of the following activities: (Check all appropriate boxes.) ❑ Acquisition of fee simple title to the Real Property; ❑ Acquisition of a leasehold interest in the Real Property; ❑ Acquisition of an easement on the Real Property; ❑ Improvement of the Real Property; ❑ Acquisition of the Facility; ❑ Improvement of the Facility; ❑ Renovation or rehabilitation of the Facility; ® Construction of the Facility; or Section 2.03 Operation of the Real Property and Facility. The Grant Recipient shall operate the Real Property and, if applicable, the Facility, or cause it to be operated, as public infrastructure, or for such other use as the Minnesota legislature may from time to time designate, and may enter into Use Contracts with Usees to so operate the Real Property and, if applicable, the Facility; provided that such Use Contracts must fully comply with all of the provisions Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 3 contained in Section 3.01. The Grant Recipient shall also annually determine that the Real Property and, if applicable, the Facility are being so used, and shall annually supply a statement, sworn to before a notary public, to such effect to the State Entity. Section 2.04 Grant Recipient Representations and Warranties. The Grant Recipient further covenants with, and represents and warrants to the State Entity as follows: A. It has legal authority to enter into, execute, and deliver this Agreement, the Declaration, and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. S. This Agreement, the Declaration, and all other documents referred to herein are the legal, valid and binding obligations of the Grant Recipient enforceable against the Grant Recipient in accordance with their respective terms. C. It will comply with all of the terms, conditions, provisions, covenants, requirements, and warranties in this Agreement, the Declaration, and all other documents referred to herein. D. It has made no material false statement or misstatement of fact in connection with its receipt of the Grant, and all of the information it previously submitted to the State Entity or which it will submit to the State Entity in the future relating to the Grant or the disbursement of any of the Grant is and will be true and correct. E. It is not in violation of any provisions of its charter or of the laws of the State of Minnesota, and there are no actions, suits, or proceedings pending, or to its knowledge threatened, before any judicial body or governmental authority against or affecting it relating to the Real Property and, if applicable, the Facility, and it is not in default with respect to any order, writ, injunction, decree, or demand of any court or any governmental authority which would impair its ability to enter into this Agreement, the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. F. Neither the execution and delivery of this Agreement, the Declaration, or any document referred to herein, nor compliance with any of the terms, conditions, requirements, or provisions contained in any of such documents is prevented by, is a breach of, or will result in a breach of, any term, condition, or provision of any agreement or document to which it is now a party or by which it is bound. G. The contemplated use of the Real Property and, if applicable, the Facility will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. H. The Project was, or will be, completed in full compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. I. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 4 1 All applicable licenses, permits and bonds required for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been, or will be, obtained. K. It will operate, maintain, and manage the Real Property and, if applicable, the Facility in compliance with all applicable laws, statutes, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Real Property and, if applicable, the Facility. L. It has, or will acquire, the following interest in the Real Property and, if applicable, the Facility, and, in addition, will possess all easements necessary for the operation, maintenance and management of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03: (Check the appropriate box for the Real Property and, if applicable, for the Facility.) Ownership Interest in the Real Property: ❑ Fee simple ownership of the Real Property. ❑ A Real Property/Facility Lease for the Real Property, in farm and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ® An easement for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the easement is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: ) Ownership Interest in, if applicable, the Facility: ❑ Fee simple ownership of the Real Property. ❑ A Real Property/Facility Lease for the Real Property, in form and substance acceptable to the State Entity, for a term of at least 125% of the Useful Life of the Real Property and, if applicable, Facility, which cannot be prematurely cancelled or terminated without the prior written consent of the State Entity. (If the term of the Real Property/Facility Lease is for a term authorized by a Minnesota statute, rule or session law, then insert the citation: Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 5 ❑ Not applicable because there is no Facility. and such interests are or will be subject only to those easements, covenants, conditions and restrictions that will not materially interfere with the completion of the Project and the intended operation and use of the Real Property and, if applicable, the Facility, or those easements, covenants, conditions and restrictions which are specifically consented to, in writing, by the State Entity. M. It will fully enforce the terms and conditions contained in any Use Contract. N. It has complied with the matching funds requirement, if any, contained in Section 5.23. G. It will supply, or cause to be supplied, whatever funds are needed above and beyond the amount of the Grant to complete and fully pay for the Project. P. The Project will be completed substantially in accordance with the Construction Contract Documents by the Completion Date, and will be situated entirely on the Real Property. Q. It will require the Contractor or Contractors to comply with all rules, regulations, ordinances, and laws bearing on its conduct of work on the Project. R. It will not allow any lien or encumbrance that is prior and superior to the Declaration to be created on or imposed upon the Real Property, whether such lien or encumbrance is voluntary or involuntary and including but not limited to a mechanic's lien or a mortgage lien, without the prior written consent of the State Entity. S. It will furnish to the State Entity as soon as possible and in any event within 7 calendar days after the Grant Recipient has obtained knowledge of the occurrence of each Event of Default, or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default, or event which with the giving of notice or upon the lapse of time or both would constitute an Event of Default, and the action which the Grant Recipient proposes to take with respect thereto. T. The Useful Life of the Real Property and, if applicable, Facility is 30 years. U_ It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested in writing by either the State Entity or the Commissioner of Management and Budget. Section 2.05 Event(s) of Default. The following events shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement upon the State Entity giving the Grant Recipient 30 days written notice of such event, and the Grant Recipient's failure to cure such event during such 30 day time period for those Events of Default that can be cured within 30 days or within whatever time period is needed to cure those Events of Default that cannot Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 6 be cured within 30 days as long as the Grant Recipient is using its best efforts to cure and is making reasonable progress in curing such Events of Default, however, in no event shall the time period to cure any Event of Default exceed 6 months. Notwithstanding the foregoing, any of the following events that cannot be cured shall, unless waived in writing by the State Entity, constitute an Event of Default under this Agreement immediately upon the State Entity giving the Grant Recipient written notice of such event. A. If any representation, covenant, or warranty made by the Grant Recipient herein, in any Draw Requisition, or in any other document furnished pursuant to this Agreement, or in order to induce the State Entity to make any Advance, shall prove to have been untrue or incorrect in any material respect or materially misleading as of the time such representation, covenant, or warranty was made. B. If the Grant Recipient fails to fully comply with any provision, term, condition, covenant, or warranty contained in this Agreement, the Declaration, or any other document referred to herein. Section 2.06 Remedies. Upon the occurrence of an Event of Default and at any time thereafter until such Event of Default is cured to the satisfaction of the State Entity, the State Entity or the Commissioner of Management and Budget may enforce any or all of the following remedies. A. The State Entity may refrain from disbursing the Grant; provided, however, the State Entity may make Advances after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. The Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may demand that the portion of the Grant already disbursed to the Grant Recipient be returned to it, and upon such demand the Grant Recipient shall return such portion to the Commissioner of Management and Budget. C. Either the State Entity or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, may enforce any additional remedies they may have in law or equity. The rights and remedies herein specified are cumulative and not exclusive of any rights or remedies that the State Entity or the Commissioner of Management and Budget would otherwise possess. If the Grant Recipient does not repay any portion of the amount specified in Section 2.06.B within 30 days of demand by either the State Entity or the Commissioner of Management and Budget, then such amount may, unless precluded by law, be taken from or off -set against any aids or other monies that the Grant Recipient is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Grant Recipient shall furnish to both the State Entity and the Commissioner of Management and Budget, as soon as possible and in any event within 7 calendar days after it has obtained knowledge of the occurrence of each Event of Default or each event which with the giving of notice or lapse of time or both would constitute an Event of Default, a statement setting forth details of each Event of Default or event which with the Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 7 giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Grant Recipient proposes to take with respect thereto. Section 2.08 Term of Grant Agreement. This Agreement shall, unless earlier terminated in accordance with any of the provisions contained herein, remain in full force and effect for the time period starting on the effective date hereof and ending on the date that corresponds to the date established by adding a time period equal to 125% of Useful Life of the Real Property and, if applicable, Facility to the date on which the Real Property and, if applicable, Facility is first used for the purpose set forth in Section 2.03 after such effective date. If there are no uncured Events of Default as of such date this Agreement shall terminate and no longer be of any force or effect, and the State Entity shall execute whatever documents are needed to release the Real Property and, if applicable, Facility from the effect of this Agreement and the Declaration. Section 2.09 Modification and/or Early Termination of Grant. If the Project is not started on or before December 31, 2025 , or such later date to which the Grant Recipient and the State Entity may agree in writing, then, the State Entity's obligation to fund the Grant shall terminate, and, in such event, (1) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (ii) if some but not all of the Grant has been disbursed by such date then the State shall have no further obligation to provide any additional funding for the Grant and this Agreement shall remain in full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. In addition, if all of the Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, then the State Entity's obligation to continue to fund the Grant shall terminate, and, in such event, (y) if none of the Grant has been disbursed by such date then the State Entity's obligation to fund any portion of the Grant shall terminate and this Agreement shall also terminate and no longer be of any force or effect, and (z) if some but not all of the Grant has been disbursed by such date then the State Entity shall have no further obligation to provide any additional funding under the Grant and this Agreement shall remain if full force and effect but shall be modified and amended to reflect the amount of the Grant that was actually disbursed as of such date. This Agreement shall also terminate and no longer be of any force or effect upon (a) the termination of the Grant Recipient's leasehold or easement interest in the Real Property in accordance with the terms of such lease or easement, or (b) the sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02 and transmittal of all or a portion of the proceeds of such sale to the Commissioner of Management and Budget in compliance with the provisions contained in Section 3.03. Upon such termination the State Entity shall execute and deliver to the Grant Recipient such documents as are required to release the Real Property and, if applicable, the Facility, from the effect of the Declaration. In the event that the legislation that authorized the Grant is amended to increase or reduce the amount of the Grant or in any other way, then this Agreement shall be deemed to have been Generic General Fund Grant Agreement Ver - 819/22 for Constriction Grants 8 automatically modified in accordance with such amendment and the amount of the Grant shall also be automatically modified in accordance with such amendment. Section 2.10 Effect of Event of Default. If an Event of Default occurs and the Grant Recipient is required to and does return the amount specified in Section 2.06.13 to the Commissioner of Management and Budget, then the following shall occur. A. This Agreement shall survive and remain in full force and effect. B. The amount returned by the Grant Recipient shall be credited against any amount that shall be due to the Commissioner of Management and Budget under Section 3.03 and against any amount that becomes due and payable because of any other Event of Default. Section 2.11 Excess Funds. If the full amount of the Grant and any matching funds referred to in Section 5.23 are not needed to complete the Project, then, unless language in the legislation that authorized the Grant indicates otherwise, the Grant shall be reduced by the amount not needed. Article III - USE AND SALE Section 3.01 Use Contracts. Each and every Use Contract that the Grant Recipient enters into must comply with the following requirements: A. The purpose for which the Use Contract was entered into must be a governmental purpose. B. It must contain a provision setting forth the statutory authority under which the Grant Recipient is entering into the Use Contract, and must comply with the substantive and procedural provisions of such statute. C. It must contain a provision stating that the Use Contract is being entered into in order to carry out the purpose for which the Grant was allocated, and must recite the purpose. D. It must be for a term, including any renewals that are solely at the option of the Usee, that is, if applicable, substantially less than the useful life of the structures and improvements that make up the Facility, but may allow for renewals beyond the original term upon a determination by the Grant Recipient that the use continues to carry out the specific purpose for which the Grant was allocated. A term that is equal to or shorter than 50% of the useful life of the structures and improvements that make up the Facility will meet the requirement that it be for a time period that is substantially shorter than the useful life of such structures and improvements. E. It must allow for termination by the Grant Recipient in the event of a default thereunder by the Usee, or in the event that the specific purpose for which the Grant was allocated is terminated or changed. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 9 F. It must require the Usee to pay all costs of operation and maintenance of the Real Property and, if applicable, the Facility, unless the Grant Recipient is authorized by law to pay such costs and agrees to pay such costs. G. If the amount of the Grant exceeds $200,000.00, then it must contain a provision requiring the Usee to list any vacant or new positions it may have with state workforce centers as required by Minn. Stat. § 116L_66, Subd. 1, as it may be amended, modified or replaced from time to time, for the term of the Use Contract. Section 3.02 Sale. The Grant Recipient shall not sell any part of its ownership interest in the Real Property or, if applicable, the Facility unless all of the following provisions have been complied with fully. A. The Grant Recipient determines, by official action, that it is no longer usable or needed as public infrastructure. B. The sale is made as authorized by law. C. The sale is for Fair Market Value. D. Written notice of such proposed sale has been supplied to both the State Entity and the Commissioner of Management and Budget at least 30 days prior thereto. The acquisition of the Grant Recipient's interest in the Real Property and, if applicable, the Facility at a foreclosure sale, by acceptance of a deed -in -lieu of foreclosure, or enforcement of a security interest in personal property used in the operation of thereof, by a lender that has provided monies for the acquisition of the Grant Recipient's interest in or betterment of the Real Property and, if applicable, the Facility shall not be considered a sale for the purposes of this Agreement if after such acquisition the lender operates such portion of the Real Property and, if applicable, the Facility in a manner which is not inconsistent with the program specified in Section 2.03 and the lender uses its best efforts to sell such acquired interest to a third party for Fair Market Value. The lender's ultimate sale or disposition of the acquired interest in the Real Property and, if applicable, the Facility shall be deemed to be a sale for the purposes of this Agreement, and the proceeds thereof shall be disbursed in accordance with the provisions contained in Section 3.03. Section 3.03 Proceeds of a Sale. Upon the sale of the Grant Recipient's interest in the Real Property and, if applicable, the Facility the net proceeds thereof shall be disbursed in the following manner and order. A. The first distribution shall be to the Commissioner of Management and Budget in an amount equal to the amount of the Grant actually disbursed, and if the amount of such net proceeds shall be less than the amount of the Grant actually disbursed then all of such net proceeds shall be distributed to the Commissioner of Management and Budget. B. The remaining portion, after the distribution specified in Section 3.03.A, shall be distributed to pay in full any outstanding public or private debt incurred to acquire the Grant Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 10 Recipient's interest in or for the betterment of the Real Property and, if applicable, the Facility in the order of priority of such debt. C_ Any remaining portion, after the distributions specified in Sections 3.43A and B, shall be divided and distributed in proportion to the shares contributed to the acquisition of the Grant Recipient's interest in or for the betterment of the Real Property and, if applicable, the Facilities by public and private entities, including the State Entity but not including any private entity that has been paid in full, that supplied funds in either real monies or like -kind contributions for such acquisition and betterment, and the State Entity's distribution shall be made to the Commissioner of Management and Budget. Such public and private entities may agree amongst themselves as to any redistribution of such distributed funds. The Grant Recipient shall not be required to pay or reimburse the State Entity for any funds above and beyond the full net proceeds of such sale, even if such net proceeds are less than the amount of the Grant actually disbursed. Article IV - DISBURSEMENT OF GRANT PROCEEDS Section 4.01 The Advances. The State Entity agrees, on the terms and subject to the conditions set forth herein, to make Advances from the Grant to the Grant Recipient from time to time in an aggregate total amount equal to the amount of the Grant. Provided, however, in accordance with the provisions contained in Section 2.08, the State Entity's obligation to make Advances shall terminate as of the date which occurs 5 years from the effective date of this Agreement even if all of the Grant has not been disbursed by such date. It is the intent of the parties hereto that the rate of disbursement of the Advances shall not exceed the rate of completion of the Project or the rate of disbursement of the matching funds required, if any, under Section 5.23. Therefore, the cumulative amount of all Advances disbursed by the State Entity at any point in time shall not exceed the portion of the Project that has been completed and the percentage of the matching funds required, if any, under Section 5.23 that have been disbursed as of such point in time. This requirement is expressed by way of the following two formulas: Formula 41 Cumulative Advances < (Program Grant) x (percentage of matching funds, if any, required under Section 5.23 that have been disbursed) Formula #2 Cumulative Advances < (Program Grant) x (percentage of Project completed) Section 4.02 Draw Requisitions. Whenever the Grant Recipient desires a disbursement of a portion of the Grant, which shall be no more often than once each calendar month, the Grant Recipient shall submit to the State Entity a Draw Requisition duly executed on behalf of the Grant Recipient or its designee. Each Draw Requisition shall be submitted on or between the 1 st day and the l5th day of the month in which an Advance is requested, and shall be submitted at least 7 calendar days before the date the Advance is desired. Each Draw Requisition with respect to construction items shall be limited to amounts equal to: (i) the total value of the classes of the work Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 11 by percentage of completion as approved by the Grant Recipient and the State Entity, plus (ii) the value of materials and equipment not incorporated in the Project but delivered and suitably stored on or off the Project site in a manner acceptable to the State Entity, less (iii) any applicable retainage, and less (iv) all prior Advances. Notwithstanding anything herein to the contrary, no Advances for materials stored on or off the Project site will be made by the State Entity unless the Grant Recipient shall advise the State Entity, in writing, of its intention to so store materials prior to their delivery and the State Entity has not objected thereto. At the time of submission of each Draw Requisition, other than the final Draw Requisition, the Grant Recipient shall submit to the State Entity such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the relevant Draw Requisition or to substantiate all payments then made with respect to the Project. At the time of submission of the final Draw Requisition which shall not be submitted before substantial completion of the Project, including all landscape requirements and off -site utilities and streets needed for access to the Project and correction of material defects in workmanship or materials (other than the completion of punch list items) as provided in the Construction Contract Documents, the Grant Recipient shall submit to the State Entity: (1) such supporting evidence as may be requested by the State Entity to substantiate all payments which are to be made out of the final Draw Requisition or to substantiate all payments then made with respect to the Project, and (ii) satisfactory evidence that all work requiring inspection by municipal or other governmental authorities having jurisdiction has been duly inspected and approved by such authorities, and that all requisite certificates of occupancy and other approvals have been issued. If on the date an Advance is desired the Grant Recipient has complied with all requirements of this Agreement and the State Entity approves the relevant Draw Requisition and receives a current construction report from the Inspecting Engineer recommending payment, then the State Entity shall disburse the amount of the requested Advance to the Grant Recipient. Section 4.03 Additional Funds from Borrower. If the State Entity shall at any time in good faith determine that the sum of the undisbursed amount of the Grant plus the amount of all other funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, then the State Entity may send written notice thereof to the Grant Recipient specifying the amount which must be supplied in order to provide sufficient funds to complete the Project. The Grant Recipient agrees that it will, within 10 calendar days of receipt of any such notice, supply or have some other entity supply the amount of funds specified in the State Entity's notice. Section 4.04 Conditions Precedent to Any Advance. The obligation of the State Entity to make any Advance hereunder (including the initial Advance) shall be subject to the following conditions precedent: A. The State Entity shall have received a Draw Requisition for such Advance specifying the amount of funds being requested, which such amount when added to all prior Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 12 requests for an Advance shall not exceed the maximum amount of the Grant set forth in Section 1.01. B. The State Entity shall have either received a duly executed Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon, or evidence that such Declaration will promptly be recorded and delivered to the State Entity. C. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that (i) the Grant Recipient has legal authority to and has taken all actions necessary to enter into this Agreement and the Declaration, and (ii) this Agreement and the Declaration are binding on and enforceable against the Grant Recipient. D. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has sufficient funds to fully and completely pay for the entire Project and all other expenses that may occur in conjunction therewith. E. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Grant Recipient is in compliance with the matching funds requirements, if any, contained in Section 5.23_ F. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, showing that the Grant Recipient currently possesses or will use the Grant to acquire the ownership interest delineated in Section 2.04.L. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Real Property and, if applicable, the Facility and the contemplated use thereof are permitted by and will comply with all applicable use or other restrictions and requirements imposed by applicable zoning ordinances or regulations, and have been duly approved by the applicable municipal or governmental authorities having jurisdiction. H. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required building permits, other permits, bonds and licenses necessary for the completion of the Project have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. I. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that all applicable and required permits, bonds and licenses necessary for the operation of the Real Property and, if applicable, the Facility in the manner specified in Section 2.03 have been paid for, issued, and obtained, other than those permits, bonds and licenses which may not lawfully be obtained until a future date or those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. J. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Project will be completed in a manner that will allow the Real Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 13 Property and, if applicable, the Facility to be operated in the manner specified in Section 2.03. K_ The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the Grant Recipient has the ability and a plan to fund the program which will be operated on the Real Property and, if applicable, in the Facility. L. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Construction Contract Documents are in place and are fully and completely enforceable. M. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that the Contractor will complete the Project substantially in conformance with the Construction Contract Documents and pay all amounts lawfully owing to all laborers and materialmen who worked on the Project or supplied materials therefor, other than amounts being contested in good faith. Such evidence may be in the form of payment and performance bonds in amounts equal to or greater than the amount of the fixed price or guaranteed maximum price contained in the Construction Contract Documents which name the State Entity and the Grant Recipient dual obligees thereunder, or such other evidence as may be acceptable to the Grant Recipient and the State Entity. N. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, that that the policies of insurance required under Section 5.01 are in full force and effect. G. The State Entity shall have received evidence, in form and substance acceptable to the State Entity, of compliance with the provisions and requirements specified in Section 5.10 and all additional applicable provisions and requirements contained in Minn. Stat. § 1613.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Such evidence shall include, but not be limited to, evidence that: (i) the predesign package referred to in Section 5.10.13 has been reviewed by and received a favorable recommendation from the Commissioner of Administration for the State of Minnesota, (ii) the program plan and cost estimates referred to in Section 5.10.0 have received a recommendation by the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee, and (iii) the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota Senate Capital Investment Committee have been notified pursuant to Section 5.1O.G. P. No determination shall have been made by the State Entity that the amount of funds committed to the completion of the Project is less than the amount required to pay all costs and expenses of any kind which reasonably may be anticipated in connection with the completion of the Project, or if such a determination has been made and notice thereof sent to the Grant Recipient then the Grant Recipient has supplied or has caused some other entity to supply the necessary funds in accordance with Section 4.03, or to provide evidence acceptable to the State Entity that sufficient funds are available. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 14 Q. No Event of Default under this Agreement or event which would constitute an Event of Default but for the requirement that notice be given or that a period of grace or time elapse shall have occurred and be continuing. R. The Grant Recipient has supplied to the State Entity all other items that the State Entity may reasonably require. Section 4.05 Construction Inspections. The Grant Recipient and the Architect, if any, shall be responsible for making their own inspections and observations of the Project, and shall determine to their own satisfaction that the work done or materials supplied by the Contractors to whom payment is to be made out of each Advance has been properly done or supplied in accordance with the applicable contracts with such Contractors. If any work done or materials supplied by a Contractor are not satisfactory to the Grant Recipient and the Architect, if any, or if a Contractor is not in material compliance with the Construction Contract Documents in any respect, then the Grant Recipient shall immediately notify the State Entity, in writing. The State Entity and the Inspecting Engineer may conduct such inspections of the Project as either may deem necessary for the protection of the State Entity's interest, and that any inspections which may be made of the Project by the State Entity or the Inspecting Engineer are made and all certificates issued by the Inspecting Engineer will be issued solely for the benefit and protection of the State Entity, and the Grant Recipient will not rely thereon. Article V - MISCELLANEOUS Section 5.01 Insurance. The Grant Recipient shall maintain or cause to be maintained builders risk insurance and fire and extended coverage insurance on the Facility, if such exists, in an amount equal to the full insurable value thereof, and shall name the State Entity as loss payee thereunder. If damages which are covered by such required insurance occurs to the Facility, if such exists, then the Grant Recipient shall, at its sole option and discretion, either: (1) use or cause the insurance proceeds to be used to fully or partially repair such damage and to provide or cause to be provided whatever additional funds that may be needed to fully or partially repair such damage, or (ii) sell its interest in the Real Property and the damaged Facility, if such exists, in accordance with the provisions contained in Section 3.02. If the Grant Recipient elects to only partially repair such damage, then the portion of the insurance proceeds which are not used for such repair shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient's interest in the Real Property and Facility, if such exists, had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant Recipient's interest in the Real Property and Facility, if such exists. If the Grant Recipient elects to sell its interest in the Real Property and the damaged Facility, if such exists, then such sale must occur within a reasonable time period from the date the damage occurred and the cumulative sum of the insurance proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the insurance proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As loss payee under the insurance required herein the State Entity agrees to and will assign or pay over to the Grant Recipient all insurance proceeds it receives so that the Grant Recipient can comply with the requirements that this Section 5.01 imposes upon the Grant Recipient as to the use of such insurance proceeds. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 15 If the Grant Recipient elects to maintain general comprehensive liability insurance regarding the Real Property and Facility, if such exists, then the Grant Recipient shall have the State Entity named as an additional named insured therein. At the written request of either the State Entity or the Commissioner of Management and Budget, the Grant Recipient shall promptly furnish thereto all written notices and all paid premium receipts received by the Grant Recipient regarding the required insurance, or certificates of insurance evidencing the existence of such required insurance. Section 5.02 Condemnation. If all or any portion of the Real Property and, if applicable, the Facility is condemned to an extent that the Grant Recipient can no longer comply with the provisions contained in Section 2.03, then the Grant Recipient shall, at its sole option and discretion, either: (i) use or cause the condemnation proceeds to be used to acquire an interest in additional real property needed for the Grant Recipient to continue to comply with the provisions contained in Section 2.03 and, if applicable, to fully or partially restore the Facility and to provide or cause to be provided whatever additional funds that may be needed for such purposes, or (ii) sell the remaining portion of its interest in the Real Property and, if applicable, the Facility in accordance with the provisions contained in Section 3.02. Any condemnation proceeds which are not used to acquire an interest in additional real property or to restore, if applicable, the Facility shall be applied in accordance with the provisions contained in Section 3.03 as if the Grant Recipient's interest in the Real Property and, if applicable, the Facility had been sold, and such amounts shall be credited against the amounts due and owing under Section 3.03 upon the ultimate sale of the Grant. Recipient's interest in the Real Property and, if applicable, the Facility. If the Grant Recipient elects to sell its interest in the portion of the Real Property and, if applicable, the Facility that remains after the condemnation, then such sale must occur within a reasonable time period from the date the condemnation occurred and the cumulative sum of the condemnation proceeds plus the proceeds of such sale must be applied in accordance with the provisions contained in Section 3.03, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Grant Recipient. As recipient of any of condemnation awards or proceeds referred to herein, the State Entity agrees to and will disclaim, assign or pay over to the Grant Recipient all of such condemnation awards or proceeds it receives so that the Grant Recipient can comply with the requirements which this Section 5.02 imposes upon the Grant Recipient as to the use of such condemnation awards or proceeds. Section 5.03. Use, Maintenance, Repair and Alterations. The Grant Recipient shall not, without the written consent of the State Entity, permit or suffer the use of any of the Real Property and, if applicable, the Facility, for any purpose other than the use for which the same is intended as of the effective date of this Agreement. In addition, the Grant Recipient: (i) shall keep the Real Property and, if applicable, the Facility, in good condition and repair, subject to reasonable and ordinary wear and tear, (ii) shall not, written consent of the State Entity, remove, demolish or substantially alter (except such alterations as may be required by laws, ordinances or regulations) any of the Facility, if applicable, (Ili) shall not do any act or thing which would unduly impair or depreciate the value of the Real Property and, if applicable, the Facility, (iv) shall not abandon the Real Property and, if applicable, the Facility, (v) shall complete promptly and in good and workmanlike manner any building or other improvement which may be constructed on the Real Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 16 Property and promptly restore in like manner any portion of the Facility, if applicable, which may be damaged or destroyed thereon and pay when due all claims for labor performed and materials furnished therefor, (vi) shall comply with all Iaws, ordinances, regulations, requirements, covenants, conditions and restrictions now or hereafter affecting the Real Property and, if applicable, the Facility, or any part thereof, or requiring any alterations or improvements thereto, (vii) shall not commit or permit any waste or deterioration of the Real Property and, if applicable, the Facility, (viii) shall keep and maintain abutting grounds, sidewalks, roads, parking and landscape areas in good and neat order and repair, (ix) shall comply with the provisions of any lease if the Grant Recipient's interest in the Real Property and, if applicable, the Facility, is a leasehold interest, (x) shall comply with the provisions of any condominium documents if the Real Property and, if applicable, the Facility, is part of a condominium regime, (xi) shall not remove any fixtures or personal property from the Real Property and, if applicable, the Facility, that was paid for with the proceeds of the Grant unless the same are immediately replaced with like property of at least equal value and utility, and (xii) shall not commit, suffer or permit any act to be done in or upon the Real Property and, if applicable, the Facility, in violation of any law, ordinance or regulation. Section 5.44 Records Keeping and Reporting. The Grant Recipient shall maintain or cause to be maintained books, records, documents and other evidence pertaining to the costs or expenses associated with the completion of the Project and operation of the Real Property and, if applicable, the Facility, and compliance with the requirements contained in this Agreement, and upon request shall allow or cause the entity which is maintaining such items to allow the State Entity, auditors for the State Entity, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit, copy, or abstract, all of its books, records, papers, or other documents relevant to the Grant. The Grant Recipient shall use or cause the entity which is maintaining such books and records to use generally accepted accounting principles in the maintenance of such books and records, and shall retain or cause to be retained all of such books, records, documents and other evidence for a period of 6 years from the date that the Project is fully completed and placed into operation. Section 5.05 Inspection of Facility After Completion. Upon reasonable request by the State Entity the Grant Recipient shall allow, and will require any entity to whom it leases, subleases, or enters into a Use Contract for any portion of the Real Property and, if applicable, the Facility to allow, the State Entity to inspect the Real Property and, if applicable, the Facility. Section 5.06 Data Practices. The Grant Recipient agrees with respect to any data that it possesses regarding the Grant, the Project, or the Real Property and, if applicable, the Facility, to comply with all of the provisions and restrictions contained in the Minnesota Government Data Practices Act contained in Chapter 13 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Section 5.07 Non -Discrimination. The Grant Recipient agrees to not engage in discriminatory employment practices in the completion of the Project, or operation or management of the Real Property and, if applicable, the Facility, and it shall, with respect to such activities, fully comply with all of the provisions contained in Minn. Stat. Chapters 363A and 181 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 17 Section 5.08 Worker's Compensation. The Grant Recipient agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Stat. §§ 176.181, Subd. 2 and 176.182 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, with respect to the completion of the Project, and the operation or management of the Real Property and, if applicable, the Facility. Section 5.09 Antitrust CIaims. The Grant Recipient hereby assigns to the State Entity and the Commissioner of Management and Budget all claims it may have for over charges as to goods or services provided in its completion of the Project, and operation or management of the Real Property and, if applicable, the Facility that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 5.10 Review of Plans and Cost Estimates. The Grant Recipient agrees to comply with all applicable provisions and requirements contained in Minn. Stat. § 16B.335 that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, for the Project, and in accordance therewith the Grant Recipient and the State Entity agree to comply with the following provisions and requirements if such provisions and requirements are applicable. A. The Grant Recipient shall provide all information that the State Entity may request in order for the State Entity to determine that the Project will comply with the provisions and requirements contained in Minn. Stat. § 16B.335, as it may be amended, modified or replaced from time to time. B. Prior to its proceeding with design activities for the Project the Grant Recipient shall prepare a predesign package and submit it to the Commissioner of Administration for the State of Minnesota for review and comment. The predesign package must be sufficient to define the purpose, scope, cost, and projected schedule for the Project, and must demonstrate that the Project has been analyzed according to appropriate space and needs standards. Any substantial changes to such predesign package must be submitted to the Commissioner of Administration for the State of Minnesota for review and comment. C. If the Project includes the construction of a new building, substantial addition to an existing building, a substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then the Grant Recipient shall not prepare final plans and specifications until it has prepared a program plan and cost estimates for all elements necessary to complete the Project and presented them to the Chairs of the Minnesota State Senate Finance Committee and Minnesota House of Representatives Ways and Means Committee and the chairs have made their recommendations, and it has notified the Chair and Ranking Minority Member of the Minnesota House of Representatives Capital Investment Committee and the Chair and Ranking Minority Member of the Minnesota State Senate Capital Investment Committee. The program plan and cost estimates must note any significant changes in the work to be performed on the Project, or in its costs, which have arisen since the appropriation from the legislature for the Project was enacted or which differ from any previous predesign submittal. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 18 D. The Grant Recipient must notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees of any significant changes to the program plan and cost estimates referred to in Section 5.10.C. K The program plan and cost estimates referred to in Section 5.10.0 must ensure that the Project will comply with all applicable energy conservation standards contained in law, including Minn. Stat. §§ 215C.19 to 216C.20, as they may be amended, modified or replaced from time to time, and all rules adopted thereunder. F. If any of the Grant is to be used for the construction or remodeling of the Facility, then both the predesign package referred to in Section 5.1 O.B and the program plan and cost estimates referred to in Section 5.10_C must include provisions for cost-effective information technology investments that will enable the occupant of the Facility to reduce its need for office space, provide more of its services electronically, and decentralize its operations. G. If the Project does not involve the construction of a new building, substantial addition to an existing building, substantial change to the interior configuration of an existing building, or the acquisition of an interest in land, then prior to beginning work on the Project the Grant Recipient shall just notify the Chairs and Ranking Minority Members of the Minnesota State Senate Finance and Capital Investment Committees, and the Minnesota House of Representatives Capital Investment and Ways and Means Committees that the work to be performed is ready to begin. H. The Project must be: (i) completed in accordance with the program plan and cost estimates referred to in Section 5.1 O.C, (ii) completed in accordance with the time schedule contained in the program plan referred to in Section 5.10.C, and (iii) completed within the budgets contained in the cost estimates referred to in Section 5.IO.C. Provided, however, the provisions and requirements contained in this Section 5.10 only apply to public lands or buildings or other public improvements of a capital nature, and shall not apply to the demolition or decommissioning of state assets, hazardous material projects, utility infrastructure projects, environmental testing, parking lots, parking structures, park and ride facilities, bus rapid transit stations, light rail lines, passenger rail projects, exterior lighting, fencing, highway rest areas, truck stations, storage facilities not consisting primarily of offices or heated work areas, roads, bridges, trails, pathways, campgrounds, athletic fields, dams, floodwater retention systems, water access sites, harbors, sewer separation projects, water and wastewater facilities, port development projects for which the Commissioner of Transportation for the State of Minnesota has entered into an assistance agreement under Minn. Stat. § 457A.04, as it may be amended, modified or replaced from time to time, ice centers, local government projects with a construction cost of less than $1,500,000,00, or any other capital project with a construction cost of less than $750,000.00. Section 5.11 Prevailing Wages. The Grant Recipient agrees to comply with all of the applicable provisions contained in Chapter 177 of the Minnesota Statutes, and specifically those provisions contained in Minn. Stat. §§ 177.41 through 177.435, as they may be amended, modified or replaced from time to time with respect to the Project and the operation of the Real Property Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 19 and, if applicable, Facility as intended by the Minnesota Legislature. By agreeing to this provision, the Grant Recipient is not acknowledging or agreeing that the cited provisions apply to the Project or to the operation of the Real Property and, if applicable, Facility. Section 5.12 Liability. The Grant Recipient and the State Entity agree that they will, subject to any indemnifications provided herein, be responsible for their own acts and the results thereof to the extent authorized by law, and they shall not be responsible for the acts of the other party and the results thereof. The liability of both the State Entity and the Commissioner of Management and Budget is governed by the provisions contained in Minn. Stat. § 3.736, as it may be amended, modified or replaced from time to time. If the Grant Recipient is a "municipality" as such term is used in Chapter 466 of the Minnesota Statutes that exists as of the date of this Agreement and as such may subsequently be amended, modified or replaced from time to time, then the liability of the Grant Recipient, including but not limited to the indemnification provided under Section 5.13, is governed by the provisions contained in such Chapter 466. Section 5.13 Indemnification by the Grant Recipient. The Grant Recipient shall bear all loss, expense (including attorneys' fees), and damage in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, and agrees to indemnify and hold harmless the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees from all claims, demands and judgments made or recovered against the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents, servants and employees, because of bodily injuries, including death at any time resulting therefrom, or because of damages to property of the State Entity, the State of Minnesota, or others (including loss of use) from any cause whatsoever, arising out of, incidental to, or in connection with the completion of the Project or operation of the Real Property and, if applicable, the Facility, whether or not due to any act of omission or commission, including negligence of the Grant Recipient or any Contractor or his or their employees, servants or agents, and whether or not due to any act of omission or commission (excluding, however, negligence or breach of statutory duty) of the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their employees, servants or agents. The Grant Recipient further agrees to indemnify, save, and hold the State Entity, the Commissioner of Management and Budget, and the State of Minnesota, their agents and employees, harmless from all claims arising out of, resulting from, or in any manner attributable to any violation by the Grant Recipient, its officers, employees, or agents, or by any Usee, its officers, employees, or agents, of any provision of the Minnesota Government Data Practices Act, including legal fees and disbursements paid or incurred to enforce the provisions contained in Section 5.06. The Grant Recipient's liability hereunder shall not be limited to the extent of insurance carried by or provided by the Grant Recipient, or subject to any exclusions from coverage in any insurance policy. Section 5.14 Relationship of the Parties. Nothing contained in this Agreement is intended or should be construed in any manner as creating or establishing the relationship of co- partners or a joint venture between the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, nor shall the Grant Recipient be considered or deemed to be an agent, Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 20 representative, or employee of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota in the performance of this Agreement, the completion of the Project, or operation of the Real Property and, if applicable, the Facility. The Grant Recipient represents that it has already or will secure or cause to be secured all personnel required for the performance of this Agreement and the completion of the Project and the operation and maintenance of the Real Property and, if applicable, the Facility. All personnel of the Grant Recipient or other persons while engaging in the performance of this Agreement, the completion of the Project, or the operation and maintenance of the Real Property and, if applicable, the Facility shall not have any contractual relationship with either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota and shall not be considered employees of any of such entities. In addition, all claims that may arise on behalf of said personnel or other persons out of employment or alleged employment including, but not limited to, claims under the Workers' Compensation Act of the State of Minnesota, claims of discrimination against the Grant Recipient, its officers, agents, contractors, or employees shall in no way be the responsibility of either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota. Such personnel or other persons shall not require nor be entitled to any compensation, rights or benefits of any kind whatsoever from either the State Entity, the Commissioner of Management and Budget, or the State of Minnesota including, but not limited to, tenure rights, medical and hospital care, sick and vacation leave, disability benefits, severance pay and retirement benefits. Section 5.15 Notices. In addition to any notice required under applicable law to be given in another manner, any notices required hereunder must be in writing, and shall be sufficient if personally served or sent by prepaid, registered, or certified mail (return receipt requested), to the business address of the party to whom it is directed. Such business address shall be that address specified below or such different address as may hereafter be specified, by either party by written notice to the other: To the Grant Recipient at: City of Hutchinson 1164 Benjamin Avenue SE Hutchinson, MN 55350 Attention: Miles Seppelt, or his successor To the State Entity at: Great Northern Building 12`h Floor 180 East Fifth Street St. Paul, MN 55101-1678 Attention: Jeremy LaCroix, or his successor To the Commissioner of Management and Budget at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 21 St. Paul, MN 55155 Attention: Commissioner of Management and Budget Section 5.16 Binding Effect and Assignment or Modification. This Agreement and the Declaration shall be binding upon and inure to the benefit of the Grant Recipient and the State Entity, and their respective successors and assigns. Provided, however, that neither the Grant Recipient nor the State Entity may assign any of its rights or obligations under this Agreement or the Declaration without the prior written consent of the other party. No change or modification of the terms or provisions of this Agreement or the Declaration shall be binding on either the Grant Recipient or the State Entity unless such change or modification is in writing and signed by an authorized official of the parry against which such change or modification is to be imposed. Section 5.17 Waiver. Neither the failure by the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in any one or more instances, to insist upon the complete and total observance or performance of any term or provision hereof, nor the failure of the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, to exercise any right, privilege, or remedy conferred hereunder or afforded by law shall be construed as waiving any breach of such term, provision, or the right to exercise such right, privilege, or remedy thereafter. In addition, no delay on the part of either the Grant Recipient, the State Entity, or the Commissioner of Management and Budget, as a third party beneficiary of this Agreement, in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude other or further exercise thereof or the exercise of any other right or remedy. Section 5.18 Entire Agreement. This Agreement, the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Grant Recipient and the State Entity, and there are no other agreements, either oral or written, between the Grant Recipient and the State Entity on the subject matter hereof. Section 5.19 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect to or arising from any provision contained in this Agreement shall be initiated, filed and venued in the State of Minnesota District Court located in the City of St. Paul, County of Ramsey, State of Minnesota. Section 5.20 Severability. if any provision of this Agreement is finally judged by any court to be invalid, then the remaining provisions shall remain in full force and effect and they shall be interpreted, performed, and enforced as if the invalid provision did not appear herein. Section 5.21 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 5.22 Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be an original, but such counterparts shall together constitute one and the same instrument. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 22 Section 5.23 Matching Funds. The Grant Recipient must obtain and supply the following matching funds, if any, for the completion of the Project: $53,821 Any matching funds which are intended to meet the above requirements must either be in the form of (i) cash monies, (ii) legally binding commitments for money, or (iii) equivalent funds or contributions, including equity, which have been or will be used to complete or pay for the Project. The Grant Recipient shall supply to the Commissioner of Management and Budget whatever documentation the Commissioner of Management and Budget may request to substantiate the availability and source of any matching funds, and the source and terms relating to all matching funds must be consented to, in writing, by the Commissioner of Management and Budget. Section 5.24 Source and Use of Funds. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment III is intended to be and is a source and use of funds statement showing the total cost of the Project and all of the funds that are available for the completion of the Project, and that the information contained in such Attachment III correctly and accurately delineates the following information. A. The total cost of the Project detailing all of the major elements that make up such total cost and how much of such total cost is attributed to each such major element. B. The source of all funds needed to complete the Project broken down among the following categories: (i) State funds including the Grant, identifying the source and amount of such funds. (ii) Matching funds, identifying the source and amount of such funds. (iii) Other funds supplied by the Grant Recipient, identifying the source and amount of such funds. (iv) Loans, identifying each such loan, the entity providing the loan, the amount of each such loan, the terms and conditions of each such loan, and all collateral pledged for repayment of each such loan. (v) Other funds, identifying the source and amount of such funds- C. Such other financial information that is needed to correctly reflect the total funds available for the completion of the Project, the source of such funds and the expected use of such funds. If any of the funds included under the source of funds have conditions precedent to the release of such funds, then the Grant Recipient must provide to the State Entity and the Commissioner of Management and Budget a detailed description of such conditions and what is being done to satisfy such conditions. The Grant Recipient shall also supply whatever other information and documentation that the State Entity or the Commissioner of Management and Budget may request to support or explain any of the information contained in Attachment III. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 23 The value of the Grant Recipient's ownership interest in the Real Property and, if applicable, Facility should only be shown in Attachment III if such ownership interest is being acquired and paid for with funds shown in such Attachment III, and for all other circumstances such value should be shown in the definition for Ownership Value in Section I.OI and not included in such Attachment III. The funds shown in Attachment Ill and to be supplied for the Project may, subject to any limitations contained in the legislation that authorized the Grant, be provided by either the Grant Recipient or a Usee under a Use Contract. Section 5.25 Project Completion Schedule. The Grant Recipient represents to the State Entity and the Commissioner of Management and Budget that Attachment IV correctly and accurately delineates the projected schedule for the completion of the Project. Section 5.26 Third -Party Beneficiary. The public program to be operated in conjunction with the Real Property and, if applicable, the Facility will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the State Entity and the State of Minnesota. Therefore, the State of Minnesota, by and through its Commissioner of Management and Budget, is and shall be a third -party beneficiary of this Agreement. Section 5.27 Applicability to Real Property and Facility. This Agreement applies to the Grant Recipient's interest in the Real Property and if a Facility exists to the Facility. The term "if applicable" appearing before the term "Facility" is meant to indicate that this Agreement will apply to a Facility if one exists, and if no Facility exists then this Agreement will only apply to the Grant Recipient's interest in the Real Property. Section 5.28 E-Verification. The Grant Recipient agrees and acknowledges that it is aware of Minn. Stat. § 16C.075 regarding e-verification of employment of all newly hired employees to confirm that such employees are legally entitled to work in the United States, and that it will, if and when applicable, fully comply with such statute and impose a similar requirement in any Use Contract to which it is a party. Section 5.29 The Public Entity and the State Entity agree to comply with the following additional requirements. In the event of any conflict or inconsistency between the following additional requirements and any other provisions or requirement contained in this Agreement, the following additional requirements contained in this Section shall control. Additional Requirements. The future use of the land in which the infrastructure serves must meet Minnesota Statute 116,1.431. Business Recruiting. If applicable, the grant recipient agrees to not recruit or target a business currently located in another Minnesota community to relocate significant operations in the expanded industrial or business park. Furthermore, before any business that is within 36 miles of the expanded business park decides to relocate significant operations to the expanded business park, evidence that the current, host community for that business agreed that the current Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 24 community could not accommodate the businesses' needs shall be secured and provided to the State. This provision shall apply for 24 months after the expanded business park is completed. Conflict of Interest. The State will take steps to prevent individual and organizational conflicts of interest in reference to Grantees per Minn.Stat.§ 16R98 and Department of Administration, Office of Grants Management, Policy Number 08-01 Conflict of Interest Policy for State Grant -Making. When a conflict of interest concerning State grant -making is suspected, disclosed, or discovered, transparency shall be the guiding principle in addressing it. In cases where a potential or actual individual or organizational conflict of interest is suspected, disclosed, or discovered by the Grantee throughout the life of the grant agreement, they must immediately notify the State for appropriate action steps to be taken, as defined above. The Grantee must complete a Conflict of Interest Disclosure agreement and attach it to their proposal. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 25 IN TESTIMONY HEREOF, the Grant Recipient and the State Entity have executed this General Fund Grant Agreement — Construction Grant for the Hutchinson BDPI Project on the day and date indicated immediately below their respective signatures. GRANT RECIPIENT: City of Hutchinson, a Home Rule Charter By: Its: Mayor And.: <t22» Its: City Administrator Dated: STATE ENTITY: State of Minnesota Department of Employment and Economic Development, By: [WITH DELEGATED AUTHORITY] Its: Deputy Commissioner Dated: ENCUMBERED: Department of Employment and Economic Development By: (Name) Date Encumbered [Individual signing certifies that fiends have been encumbered as required by Minnesota Statute 16A.15] Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 26 Attachment I to Grant Agreement State of Minnesota Greater Minnesota Business Development Public Infrastructure Program DECLARATION The undersigned has the following interest in the real property legally described in Exhibit A attached hereto and all facilities situated thereon (the "Restricted Property"): (Check the appropriate box.) ❑ a fee simple title, ❑ a lease, or ® an easement, and as owner of such fee title, lease or easement, does hereby declare that such interest in the Restricted Property is subject to those provisions, requirements, restrictions, and encumbrances contained in the "General Fund Grant Agreement Construction Grant for the Hutchinson Lot 1144 BDPI Project" dated October 10, 2023 between the City of Hutchinson and Minnesota Department of Employment and Economic Development. The Restricted Property shall remain subject to such provisions, requirements, restrictions, and encumbrances until it is released therefrom by a written release in recordable form signed by the Commissioner of Minnesota Department of Employment and Economic Development and such written release is recorded in the real estate records relating to the Restricted Property. The legal description attached hereto was prepared based upon plans and specifications for the Restricted Property and is intended to delineate an easement area that the undersigned will reserve upon a sale, mortgage, encumbrance, or other disposition of the Restricted Property. After obtaining the approval of the Commissioner of Minnesota Management and Budget for the sale, mortgage, encumbrance, or other disposition of the Restricted Property, the undersigned must reserve a perpetual easement in the Restricted Property that shall remain subject to this Declaration and such easement reservation shall be recorded with the appropriate recording offices in McLeod County, Minnesota. Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 27 PUBLIC ENTITY: City of Hutchinson, a Home Rule Charter City Its: Mayor Dated: , 2 And: Its: City Administrator Executed on the day of , 2 STATE OF MINNESOTA } ss. COUNTY OF This Department of Employment and Economic Development Declaration was executed and acknowledged before me on the day of 2 by the y and , the of a on behalf of said Notary Public This Declaration was drafted by - Office of Attorney General Suite 300 400 Sibley Street St. Paul, MN 55101-1996 Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 28 Exhibit A to Declaration - LEGAL DESCRIPTION OF RESTRICTED PROPERTY Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 29 Attachment II - LEGAL DESCRIPTION Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 30 Attachment III - SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Identifl Source of Funds Amount Matching_Funds _____ Cites of Hutchinson $53,821 Subtotal ----___ $53,821 Other Public Entity Funds City of Hutchinson $1 $ Subtotal $1 Loans - - - -- - -- - - - - - - - - ---------------------------------- -- ------------------- Subtotal $ Other Funds Subtotal $ Generic General Fund Grant Agreement for Constriction Grants Use of Funds Identify Items _ Amount Ownership Acquisition and Other Items Paid for with Grant Funds Purchase of Ownership $ Interest _ __ Other Items of a Capital Nature: Stormwater, Streets___ $5 321 Engineering -' $2,500 Subtotal 1 $53,821 Items Paid for with Non -Grant Funds Stormwater, Streets _ $51,322 Engineering $2,500 Subtotal $53,822 ............................................................................... TOTAL PROJECT � $107,643 COSTS .......................................................................................................................................................:............................................................................... 31 Ver - 819122 Attachment IV - PROJECT COMPLETION SCHEDULE Permits Acquired 5/24 Bid Close 6/24 Notice to Proceed 6/24 Project Construction Completed 8/24 Generic General Fund Grant Agreement Ver - 819122 for Constriction Grants 32 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PORPOSE. Approve FAA flight check agreement and payment Agenda Item: Department: Public Works LICENSE SECTION Meeting pate: 1 all d12023 Application Complete NIA Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff F/1 Consent Agenda Time Requested (Minutes): License Contingency NIA Attachments: Yes BA CKGROUNDIEXPLANATION OF AGENDA ITEM: Following the 2023 Airport lighting project, the lighting will have to be commissioned and inspected by FAA before opening up the airport. THis will consist of commissioning flight inspections for the Precision Approach Path Indicator (PAPI) lights, the Runway End Identifier Lights (REIL's) and the Medium Intensity Runway Lights (MIRL's). Each of these systems are critical for airfield safety. The cost of the inspection is to be paid by the City, and these costs can be included in a grant reimbursement like other airport lighting construction costs. The estimated cost of providing the commissioning/inspection flight is $15,343.02. The payment is due prior to the flight. If other aircraft or a different number of hours are needed to conduct the commissioning/inspection flight, these costs will be billed upon completion. BOARD ACTION REQUESTED: Approve agreement, make payment of $15,343.02 via pay,gov, per instructions included and name Mayor Forcier and City Administrator Jaunich as signatories to this agreement. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 15,342.02 Total City Cost: $ 1,534.2E Funding Source: Airport Construction Remaining Cost: $ 13,807,82 Funding Source: FAA Grant - Lighting project Agreement Number AJ F-ON-AAC-23-AC-OQ6122 NON-FEDERAL REIMBURSABLE AGREEMENT BETWEEN DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION AND CITY OF HUTCHINSON, MN HUTCHINSON, MN WHEREAS, the Federal Aviation Administration (FAA) can furnish directly or by contract, material, supplies, equipment, and services which the City of Hutchinson, MN (Sponsor) requires, has funds available for, and has determined should be obtained from the FAA; WHEREAS, it has been determined that competition with the private sector for provision of such material, supplies, equipment, and services is minimal; the proposed activity will advance the FAA's mission; and the FAA has a unique capability that will be of benefit to the Sponsor while helping to advance the FAA's mission; NOW THEREFORE, the FAA and the Sponsor mutually agree as follows: ARTICLE 1. Parties The Parties to this Agreement are the FAA -Flight Program Operations and City of Hutchinson, MN. ARTICLE 2. Type of Agreement This Agreement is an "other transaction" authorized under 49 U.S.C. § 106(1)(6). It is not intended to be, nor will it be construed as, a partnership, corporation, joint venture or other business organization. ARTICLE 3. Scope A. The purpose of this Agreement between the FAA and the Sponsor is to provide a commissioning flight inspection of the PAPIsIREILslMIRLs on Rwys 15/33 at Hutchinson Municipal Airport -Butler Field (KHCD) Hutchinson, MN. This Agreement provides funding for the FAA to establish these services. Therefore, this Agreement is titled: City of Hutchinson, MN, Hutchinson, MN Non -Federal Reimbursable Agreement V94 Page 1 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 B. The FAA will perform a commissioning flight inspection of the PAPIsIREILsIMIRLs on Rwys 15133 at Hutchinson Municipal Airport -Butler Field (KHCD) Hutchinson, MN. C. The Sponsor will perform the following activities: 1. Provide funding as estimated in Article 7. 2. Upon signature and payment of agreement, contact Richard Montgomery at 405- 954-0792 or Richard.Montgomery@faa.gov once the site is ready for inspection. You may also call the Oklahoma City Service Center if you have any questions at 405-954-9780. D. This agreement is in whole or in part funded with funding from an AIP grant [X] Yes [ ] No. If Yes, the grant date is: 07/05/2023 and the grant number is: 3-27-0042- 022-2023. If the grant information is not available at the time of agreement execution, the Sponsor will provide the grant information to the FAA when it becomes available. ARTICLE 4. Points of Contact A. FAA: The FAA, Flight Program Operations, Program Support Group will provide administrative oversight of this Agreement. Shelley Ochs is the Agreement Coordinator and liaison with the Sponsor and can be reached at 405-954-5757 or via email at shelley.d.ochs@faa.gov. This liaison is not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. 2. The FAA, Flight Program Operations, Flight Operations Group will perform the scope of work included in this Agreement. Richard Montgomery is the Lead Scheduler, Flight Program Operations, and liaison with the Sponsor for any Flight Inspection issues and can be reached at 405-954-9780 or via email at richard.montgomery@faa.gov. These liaisons are not authorized to make any commitment, or otherwise obligate the FAA, or authorize any changes which affect the estimated cost, period of performance, or other terms and conditions of this Agreement. FAA Contracting Officer: The execution, amendment, and administration of this Agreement must be authorized and accomplished by the Contracting Officer, Michele Mustin who can be reached at 405-954-7879 or via email at rnichele.d.rnustln@faa.gov. faa.gov. Non -Federal Reimbursable Agreement V94 Page 2 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 B. Sponsor: Sponsor: City of Hutchinson, MN ATTN: Mike Stifter, Public Works Director Address: 111 Hassan Street SE Hutchinson, MN 55350-2522 Phone: 320-234-4212 E-mail: mstifter*,hutchinsommn.gov ARTICLE 5. Non -Interference with Operations [RESERVED] ARTICLE 6. Property Transfer [RESERVEDI ARTICLE 7. Estimated Costs A. The estimated FAA costs associated with this Agreement are as follows: DESCRIPTION OF REIMBURSABLE ITEM ESTIMATED COST LABOR NA $0 - ------------------------------------------------------------------ NON-LABOR ------------------------------------------------ Fli ht Inspection _ --------------_______ $14�206.50 ------------------------ ___-------------- ........................................Nan -Labor ❑verhead ($%] $ 1,136.52 Total Non -Labor $15,343.02 TOTAL ESTIMATED COST $15,343.02 Detailed Estimate: Flight Inspection Estimated Cost Estimated Beech Rate $2,583/hr Tape Hours Inspections Cost PAPIsIREILsIMIRLs on Rwys 15133 at KHCD Commissioning 5.5 1 $14,206.50 8% Administrative Overhead $ 1,136.52 Total Estimated Cost $15,343.02 B. FAA reserves the right to determine which aircraft will be used for flight inspections. Flight hour rates will be adjusted automatically according to FAA Order 2500.36 (current edition), Application of Flight Hour Rates, or as approved by the Flight Program Executive_ The estimate is based on rates in effect at the time this Agreement is signed. Non -Federal Reimbursable Agreement V94 Page 3 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 C. Estimated costs contained herein are for planning purposes only and can vary depending on the actual aircraft used, and actual flight hours expended to reach the facility and to accomplish the inspection. As required by regulation, the final bill submitted to the Sponsor will reflect actual hours and costs to the FAA. D. Sponsor will be notified of any necessary deviations or changes to the instrument flight procedure and agrees to negotiate with the FAA to resolve additional reimbursement issues exceeding 10% of the cost estimate, in accordance with Article 9. E. FAA flight inspection aircraft may be delayed from scheduled itineraries for unanticipated reasons such as a National Airspace System priority, weather, or unscheduled aircraft maintenance. FAA is not responsible for any additional cost the Sponsor may incur if an inspection must be rescheduled. ARTICLE 8. Period of Agreement and Effective Date The effective date of this Agreement is the date of the last signature. This Agreement is considered complete when the final invoice is provided to the Sponsor and a refund is sent or payment is received as provided for in Article 9, Section D of this Agreement. This Agreement will not extend more than five years beyond its effective date. ARTICLE 9. Reimbursement and Accounting Arrangements A. The Sponsor agrees to prepay the entire estimated cost of the Agreement. The Sponsor will send an electronic copy of the Agreement to the FAA Agreement Coordinator for FAA signature. The Sponsor will also send a copy of the executed Agreement and submit full advance payment in the amount stated in Article 7 to the Reimbursable Receipts Team listed in Section C of this Article. The advance payment will be held as a non -interest bearing deposit_ Such advance payment by the Sponsor must be received before the FAA incurs any obligation to implement this Agreement. Upon completion of this Agreement, the final costs will be netted against the advance payment and, as appropriate, a refund or final bill will be sent to the sponsor. Per U.S. Treasury guidelines, refunds under $1.00 will not be processed. Additionally, FAA will not bill the sponsor for amounts less than $1.00_ B. The Sponsor certifies that arrangements for sufficient funding have been made to cover the estimated costs of the Agreement. Non -Federal Reimbursable Agreement V94 Page 4 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 C. The Reimbursable Receipts Team is identified by the FAA as the billing office for this Agreement. The Sponsor will send an electronic copy of the executed Agreement to the Agreement Coordinator and submit the advance payment to the Reimbursable Receipts Team. The preferred method of payment for this agreement is via Pay.Gov. The sponsor can use a check or credit card to provide funding in this manner and receipt -processing time is typically within 3 working days. Alternatively, the sponsor can mail the payment to the address shown below. All payments mailed to the FAA must include the Agreement number, Agreement name, Sponsor name, and project location. Payments submitted by mail are subject to receipt -processing delay of up to 10 working days. FAA payment remittance address using USPS or overnight method is: Federal Aviation Administration Reimbursable Receipts Team 800 Independence Ave S.W. Attn: Rm 612A Washington D-C. 20591 Telephone: (202) 267-1307 The Sponsor hereby identifies the office to which the FAA will render bills for the project costs incurred as: City of Hutchinson, MN ATTN.- Mike Stifter, Public Works Director 111 Hassan Street SE Hutchinson, MN 55350-2522 320-2344212 m stifte r@ h utch i n s o n m n. goy D. The cost estimates contained in Article 7 are expected to be the maximum costs associated with this Agreement, but may be amended to recover the FAA's actual costs. If during the course of this Agreement actual costs are expected to exceed the estimated costs, the FAA will notify the Sponsor immediately. The FAA will also provide the Sponsor an amendment to the Agreement which includes the FAA's additional costs. The Sponsor agrees to prepay the entire estimated cost of the amendment. The Sponsor will send a copy of the executed amendment to the Agreement to the Reimbursable Receipts Team with the additional advance payment. Work identified in the amendment cannot start until receipt of the additional advance payment. In addition, in the event that a contractor performing work pursuant to the scope of this Agreement brings a claim against the FAA and the FAA incurs additional costs as a result of the claim, the Sponsor agrees to reimburse the FAA for the additional costs incurred whether or not a final bill or a refund has been sent. Non -Federal Reimbursable Agreement V94 Page 5 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 ARTICLE 10. Changes and Amendments Changes and/or amendments to this Agreement will be formalized by a written amendment that will outline in detail the exact nature of the change. Any amendment to this Agreement will be executed in writing and signed by the authorized representative of each party. The parties signing this Agreement and any subsequent amendment(s) represent that each has the authority to execute the same on behalf of their respective organizations. No oral statement by any person will be interpreted as amending or otherwise affecting the terms of the Agreement. Any parry to this Agreement may request that it be amended, whereupon the parties will consult to consider such amendments. ARTICLE 11. Termination In addition to any other termination rights provided by this Agreement, either parry may terminate this Agreement at any time prior to its expiration date, with or without cause, and without incurring any liability or obligation to the terminated party other than payment of amounts due and owing and performance of obligations accrued, in each case on or prior to the termination date, by giving the other parry at least thirty (30) days prior written notice of termination. Payment of amounts due and owing may include all costs reimbursable under this Agreement, not previously paid, for the performance of this Agreement before the effective date of the termination; the total cost of terminating and settling contracts entered into by the FAA for the purpose of this Agreement; and any other costs necessary to terminate this Agreement. Upon receipt of a notice of termination, the receiving party will take immediate steps to stop the accrual of any additional obligations which might require payment. All funds due after termination will be netted against the advance payment and, as appropriate, a refund or bill will be issued. ARTICLE 12. Order of Precedence [RESERVED] ARTICLE 13. Legal Authority This Agreement is entered into under one or more of the following authorities: 49 U.S.C. § 106(1), 31 U.S. Code 6505 Intergovernmental Cooperation Act. Under these authorities, the Administrator of the FAA is authorized to enter into and perform such contracts, leases, cooperative agreements and other transactions as necessary to carry out the functions of the Administrator and the Administration on such terms and conditions as the Administrator considers appropriate. Nothing in this Agreement will be construed as incorporating by reference or implication any provision of Federal acquisition law or regulation. Non -Federal Reimbursable Agreement V94 Page 6 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 ARTICLE 14. Disputes Where possible, disputes will be resolved by informal discussion between the parties. In the event the parties are unable to resolve any dispute through good faith negotiations, the dispute will be resolved by alternative dispute resolution using a method to be agreed upon by the parties. The outcome of the alternative dispute resolution will be final unless It is timely appealed to the Administrator, whose decision is not subject to further administrative review and, to the extent permitted by law, is final and binding (see 49 U.S.C. § 4611 U). ARTICLE 15. Warranties The FAA makes no express or implied warranties as to any matter arising under this Agreement, or as to the ownership, merchantability, or fitness for a particular purpose of any property, including any equipment, device, or software that may be provided under this Agreement. ARTICLE 16. Insurance The Sponsor will arrange by insurance or otherwise for the full protection of itself from and against all liability to third parties arising out of, or related to, its performance of this Agreement. The FAA assumes no liability under this Agreement for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. ARTICLE 17. Limitation of Liability To the extent permitted by law, the Sponsor agrees to indemnify and hold harmless the FAA, its officers, agents and employees from all causes of action, suits or claims arising out of the work performed under this Agreement. However, to the extent that such claim is determined to have arisen from the act or omission by an officer, agent, or employee of the FAA acting within the scope of his or her employment, this hold harmless obligation will not apply and the provisions of the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., will control. The FAA assumes no liability for any losses arising out of any action or inaction by the Sponsor, its employees, or contractors, or any third party acting on its behalf. In no event will the FAA be liable for claims for consequential, punitive, special and incidental damages, claims for lost profits, or other indirect damages. ARTICLE 18. Civil Rights Act The Sponsor will comply with Title VI of the Civil Rights Act of 1964 relating to nondiscrimination in federally assisted programs - Non -Federal Reimbursable Agreement V94 Page 7 of 8 Agreement Number AJF-ON-AAC-23-AC-006122 ARTICLE 19. Protection of Information The parties agree that they will take appropriate measures to identify and protect proprietary, privileged, or otherwise confidential information that may come into their possession as a result of this Agreement. ARTICLE 20. Security In the event that the security office determines that the security requirements under FAA Order 1600.72A applies to work under this Agreement, the FAA is responsible for ensuring that security requirements, including compliance with AMS clause 3.14.2.1, Contractor Personnel Suitability Requirements are met. ARTICLE 21. Entire Agreement This document is the entire Agreement of the parties, who accept the terms of this Agreement as shown by their signatures below. In the event the parties duly execute any amendment to this Agreement, the terms of such amendment will supersede the terms of this Agreement to the extent of any inconsistency. Each party acknowledges participation in the negotiations and drafting of this Agreement and any amendments thereto, and, accordingly that this Agreement will not be construed more stringently against one party than against the other. If this Agreement is not executed by the Sponsor within 120 calendar days after the FAA transmits it to the Sponsor, the terms contained and set forth in this Agreement shall be null and void. Additionally, the FAA expects this agreement to be funded within 120 days of execution, if funding is not received by that date; the FAA may exercise the right to renegotiate estimated costs. AGREED: FEDERAL AVIATION ADMINISTRATION SIGNATURE NAME Michele Mustin TITLE Contracting Officer CITY OF HUTCHINSON, MN SIGNATURE NAME Mike Stifter TITLE Public Works Director DATE DATE Non -Federal Reimbursable Agreement V94 Page 8 of 8 FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Summary Ordinance No. 23-842 - An Ordinance Amending Chapters 95 and 113 Agenda Item: Pertaining to Tobacco/Cannabis Use Department: Administration/Legal LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: Matt Jaunich/Marc 5ebora Agenda Item Type: Presenter: Matt Jaunich/Marc 5ebora Reviewed by Staff F/1 Consent Agenda Time Requested (Minutes): 0 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: At the last City Council meeting, the Council formally adopted Ordinance No. 23-842 which amended Chapters 95 and 113 of the city code pertaining to tobacco/cannabis use. City Charter requires that all ordinances be published in the official newspaper upon adoption. The City Charter also allows for a summary ordinance to be published in place of the full ordinance by approval of the Council. Due to the cost of publication ($1959.70) and the length of the ordinance, staff is requesting approval of the attached summary ordinance to be published. A full copy of the ordinance is on file in the administration office should anyone request a copy of it. BOARD ACTION REQUESTED: Approve summary of Ordinance No. 23-842_ Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA PUBLICATION NO. 8518 ORDINANCE NO. 23-842 SUMMARY OF ORDINANCE NO.23-842 — AN ORDINANCE AMENDING CHAPTERS 95 AND 113 OF THE HUTCHINSON CITY CODE TO REFLECT CANNABIS USE, VAPING AND E-CIGARETTES, AND INCREASING THE AGE FOR THE SALE, USE AND POSSESSION OF TOBACCO FROM IS TO 21 YEARS OF AGE The City Council hereby ordains the following summary of Ordinance No. 23-842: 1. Title of Ordinance: Cannabis Use, Vaping, E-Cigarettes and Tobacco An Ordinance Amending Chapters 92 and 113 of the Hutchinson City Code to Reflect Cannabis Use, Vaping and E-Cigarettes, and Increasing the Age for the Sale, Use and Possession of Tobacco from 18 to 21 Years of Age 2. Summary of Ordinance: Amends Chapters 95 and 113 related to cannabis use, gaping and c-cigarettes and increasing the age for the sale, use and possession of tobacco from 18 to 21 years of age. 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. Adopted by the Hutchinson City Council this 10" day of October, 2023. ATTEST: Matthew Jaunich, City Administrator Gary T. Forcier, Mayor Publication No. 8518 Date of Publication: 1 0-18-23 FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 2023 Spooky Sprint Agenda Item: Department: Police Services LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: Thomas D GifFerson Agenda Item Type: Presenter: Thomas ❑ Gifferson Reviewed by Staff �f Consent Agenda Time Requested (Minutes): 2 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENaA ITEM: The 14th Annual Spooky Sprint Committee is requesting permission to conduct a 5k run and a 112 mile sprint beginning and ending near Library square. The event would take place on October 28th, 2023. The event will require assistance from Police, Parks and Streets. Once again the committee is asking for 1 st Ave. S to be closed from the intersection with Main St to the intersection with Hassan St. for the duration of the event. I have attached a memo outlining the event as well as the request letter and maps from Mr. Jason Werowinski. BOARD ACTION REQUESTED: Recommend Approval Fiscal Impact: $ 0.00 Funding Source: Police Budget FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA Jason Werowinski 16650 206th Circle Hutchinson, MN 55350 September 26th, 2023 Hutchinson City Council 111 Hassan ST SE Hutchinson, MN 55350 Re: 5K Family Run and Walk in Hutchinson on Saturday October 28th, 2023 To The Members of the Hutchinson City Council, I am writing today regarding the 14" annual Spooky Sprint event we are planning for Saturday October 281h, 2023, in Hutchinson. The event is a 5k (3.1 mile) family fun run and walk with a start time of 9AM. The proceeds of this run will go to the REACH program at the Hutchinson High School. We want to take advantage of a great resource in town, the area around the library (Library Square). As such, we would like to start and end this race there, on 1" Ave SE. We realize that having a 3 mile run throughout the city may cause disruption, so we are attempting to run on city streets for about 20% of the total run distance. The remainder would be run on the Luce Line Trail (obtaining a permit for use from the DNR). Our goal is to offer 2 runs, a 5k run and walk, and a Y: mile dash for children. The % mile dash will begin at 9:15AM, the 5k run and walk will begin at 9:30AM. Each participant will be required to sign a waiver stating the following: "I am properly trained and enter this walk/run totally at my own risk and hereby waive all claims that I or my heirs may have against all sponsors, walklrun directors and all others associated with this walklrun, for any injuries or problems I may sustain, regardless of any negligence. I am totally responsible for my safety and any injury I may suffer." am attaching a map of the proposed courses. I have met with Sergeant Nagel about the course and modified it as suggested. I am seeking approval for closure of 1" Ave SE for this run. We will also be running down Adams Street towards the Luce Line, but our belief is that Adams will not need to be closed off. We will be using cones to create a separation lane on Adams. As I stated, I have discussed this with Sergeant Nagel. So, in essence, the matter before the Council on this issue is the approval or denial for the Police Department to use their discretion to close/block V Ave SE for some period of time on Saturday October 28th, 2023. We understand there may be costs associated with this traffic control and have accounted for this in our budget. We are looking forward to this event in Hutchinson, and to continuing it in the years to come. Sincerely, Jason Werowinski 6• Proposed Course - Spooky Sprint 5K There and Back Style Run t; rj r� iil, 7�ve 111 •. ` e Id Air MY �7ll cA'F *�• norw aw�PMY 1.y AnY 3 yl� n x w.,n qsr„►..w WA0,>ar,r,AMI 4 a.e sw n g dwa 5w M■rrnpn) In $H 1:I Ave SW ��• � 1 i N ■ r.i a. '-�, .•:: r, Ind ire SW G Ekn..nvi _ �'J 50"0 2nd Are SW Ell ; � Q iM A+. iE 7rd A.e Sk .'j , ,• •• � Yare Ave sw -'h � t a,� ■ PrY To.e•a H T Y ... .. �.. . .n 7fd A- SW 3fd Aye si 6 a,d A.e 5t � S Hh Air 4w Ch. iphLR 4i�r.h' m Proposed Course - Spooky Sprint � Ak°AE 112 Mile Dash - There and Back Style Run a Are k,N 42 0 2z '� cN 0 AkoA, Revee'Jnv 3,d Aar NW - y 3m Aye KW 2Y Area PWH NrE. PaFkA - y.,a.•.� Park fP�� r NE n7 MEL eod County Veterans Mar Rl Park is r.e �,Yy 1 rt Are HNf =00". Fumaround - g t6 S Les W.— YW ninptan A- W J lrvesm 91- Are E µe SW d � fA w by Sw 1A Ave SW _ _ 1a Are Cry LbWW 2m Are SW County fty 7 Znd AYa SW C ty RY i 5[alVFinish Tnd A.e SE S1 Lawn An SW LeAYe A - SW ]rS AreSW aiu Ara+W SvE-111 P,[rk MAre SW � � Ltl Are 3E rYvpr.[ Aw SW an Anne sw s e[n Ave SW AMA —SW F r � ern Rve SE rr CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/27/23-10/10/23 Check Date ----- ---- 09/16/2023 09/16/2023 Check----- -------- EFT EFT Vendor Name ---- -- ----- EFTP5 2naription ------------------- Payroll 9/3/23 - 9/16/23 Amount ------ 73,328,14 PERA Payroll 9/3/23 - 9/16/23 62,600.63 09/16/2023 EFT Further HSA Payroll 9/3/23 - 9/16/23 15,379.13 09/16/2023 EFT MN Dept of Revenue Payroll 9/3/23 - 9/16/23 14,352.90 09/16/2023 EFT Mission Square Payroll 9/3/23 - 9/16/23 4,384.93 09/16/2023 EFT VOYA Payrol 19/3/23 - 9/16/23 460.00 09/16/2023 EFT Child Support Payroll 9/3/23 - 9/16/23 450.39 09/16/2023 EFT Provident Life- Vol Ins Payroll 9/3/23 - 9/16/23 383.34 09/16/2023 EFT M NDCP Payroll 9/3/23 - 9/16/23 325.00 09/16/2023 113261 MNPEA Payroll 9/3/23 - 9/16/23 720.00 09/16/2023 113262 UNUM Life Insurance Payroll 9/3/23 - 9/16/23 903.49 09/16/2023 113263 LELS Union Dues Payroll 9/3/23 - 9/16/23 337.50 09/16/2023 113264 HART Payroll 9/3/23 - 9/16/23 478.51 10/10/2023 113265 22 BEV COST OF GOODS SOLO - LIQUOR HUTCH 1,800.00 10/10/2023 113266 ACE HARDWARE -1315 REPAIR & MAiNT SUPPLIES - MULTIPLE DEPTS 95.70 10/10/2023 113267 ACE HARDWARE -1790 BATTERIES FOR PULSE OX - FIRE 33.98 10/10/2023 113268 ACE HARDWARE -1825 REPAIR & MAINT SUPPLIES - POLICE 15.88 10/10/2023 113269 ADVANCED ENGINEERING & ENVIRONMENTA LS IMPVS & SCADA- WWTP & WATER 9,007.75 10/10/2023 113270 ALPHA TRAINING & TACTICS LLC PLACARDS - POLICE 31.28 10/10/2023 113271 AMERESCO INC 2023 ANNUAL PM INSPECTION - WWTP 9,003.67 10/10/2023 113272 AMERICAN BOTTLING CO COST OF GOODS SOLD - LIQUOR HUTCH 353.78 10/10/2023 113273 AMERICAN WATER WORKS ASSN 12/1123- 11/30/24 MEMBERSHIP - WATER 365.00 10/10/2023 113274 AMPLIFY FOR CHANGE SUPPORT TO MPCA GRANT - CREEKSIDE 1,200.00 10/10/2023 113275 ANDERSON CHEMICAL COMPANY SODIUM HYDROSULFITE - WATER 3,487.42 20/10/2023 123276 ANIMAL MEDICAL CENTER ON CROW RIVER SEPT BOAROING/PROCESSING FEES - POLICE 931.00 10/10/2023 113277 ARTISAN BEER COMPANY COST OF GOODS SOLI] - LIQUOR HUTCH 1,627.05 10/10/2023 113278 AUTO VALUE - GLENCOE FEMALE AC - HATS 33.99 10/10/2023 113279 AXON ENTERPRISE INC TASER HOLSTERS - POLICE 889.75 10/10/2023 113280 BELLBOY CORP COST OF GOODS SOLO - LIQUOR HUTCH 4,1S5.46 10/10/2023 113281 BERNICK'S SUPPLIES - MULTIPLE DEPT$ 1,330.92 10/10/2023 113282 BOUTA, BEN REIMB: BOURBON SEMINAR - LIQUOR HUTCH 106.81 10/10/2023 113283 BRASS FOUNDRY BREWING CO COST OF GOODS SOLD - LIQUOR HUTCH 329.70 10/10/2023 113284 BREAKTHRU BEVERAGE BRETH-ZENZEN FIRE. PROTECTION BSN SPORTS LLC COST OF GOODS SOLD - LIQUOR HUTCH 30,060.19 10/10/2023 113285 SPRINKLER SYSTEM INSPECTIONS - MULTIPLE DEPTS 4,050.00 10/10/2023 113286 PANTS, BALLS, BAGS - REC 980.85 10/10/2023 113287 BUREAU OF CRIMINAL APPREHENSION CLEANING SERVICE BACKGROUND CK- POLICE 33.25 10/10/2023 113288 C & L DISTRIBUTING COST OF GOODS SOLD - LIQUOR HUTCH 49,990.77 10/10/2023 113289 CENTRAL HYDRAULICS REPLACED SHAFT, BEARINGS - CREEKSIDE 692.43 10/10/2023 113290 CINTAS CORPORATION SUPPLIES & SERVICE- MULTIPLE DEPTS 366.85 10/10/2023 113291 COKER COMPOSTING AND CONSULTING SUPPORT TO COMPOST IT RIGHT - CREEKSIDE 150.00 10/10/2023 113292 COLDSPRING ROSE NICHE FRONT -CEMETERY 335.00 10/10/2023 113293 COMPUTER INTEGRATION TECHNOLOGIES VIDEO SURVEILLANCE PROJECT 3,000.00 10/10/2023 123294 CORE & MAIN LP TRANSMITTERS - WATER 4,805.53 10/10/2023 113295 CORNER POST EROSION CONTROL SEEDING, MOWING - MULTIPLE DEPTS 2,922.50 10/10/2023 113296 CREEKSIDE SOILS 50/50 COMPOST BLACK DIRT- PARKS 178.50 10/10/2023 113297 CROW RIVER FLORAL & GIFTS PLANTS FOR STATION FRONT ENTRY - FIRE 73.00 10/10/2023 113298 CROW RIVER GOLF CLUB BANQUET- LIQUOR HUTCH 641.25 10/10/2023 113299 CROW RIVER OFFICIALS ASSN SOCCER, SOFTBALL, FOOTBALL REFS - REC SR NEWSLETTERS - SR CTR 3,352.00 10/10/2023 113300 CROW RIVER PRESS INC 39.07 10/10/2023 113302 CROW RIVER WINERY COST OF GOODS SOLD - LIQUOR HUTCH 722.40 10/10/2023 113303 DAHLHEIMER BEVERAGE COST OF GOODS SOLD - LIQUOR HUTCH 49,873.82 10/10/2023 113304 DELL MARKETING LP MONITORS- HUC 653.18 10/10/2023 113305 E2 ELECTRICAL SERVICES INC PARKS WIRING - MULTIPLE DEPTS 6,818.26 10/10/2023 113306 ECOLAB PEST ELIMINATION 9/21 PEST CONTROL- POLICE 100.00 10/10/2023 113307 EHLERS & ASSOCIATES INC 2023 CONTINUING DISCLOSURE REPORTING 4,250.00 10/10/2023 123308 ENVIRONMENTAL RESOURCE ASSOC ERICKSON, NATHANIEL ESCH CONSTRUCTION SUPPLY INC HARDNESS, WP QR - WWTP 271.22 10/10/2023 113309 REIMB: STATE FIRE SCHOOL - FIRE 237.82 10/10/2023 113310 DIAMOND BLADES - PARKS 507.48 10/10/2023 113311 EVERSTRONG CONSTRUCTION INC MULTI -BAY HANGAR CONST EST #17/24 - 9/2 346,723.59 10/10/2023 1113312 IFASTENALCOMPANY 1 GALLS LLC REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS BELT KEEPERS, SHIRTS, PANTS - POLICE 1,282.01 10/10/2023 111331.3 1,304.21 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/27/23 - 20/10/23 Check Date 10/10/2023 Cheek 113314 113315 Vendor Name ------------------------------------------------------------ GAVIN, JANSSEN & STABENOW LTD GEMPLER'S INC GOLDSCHMIDT, MARK Desari� -------------------------------- DOG BITE CASE - LEGAL GLOVES, MEASURING PITCHER, SPILL KIT- PARKS Amount 820.00 137.96 51.17 10/10/2023 10/10/2023 113316 UB refund far account: 3-735•5300-5-01 10/10/2023 113317 GOODYEAR TIRE & RUBBER COMPANY TIRES - CREEKSIDE 821.60 10/10/2023 113318 GRAINGER REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS. 1,585.96 10/10/2023 113319 GREEN EARTH LAWN CARE INC LATE SUMMER APPL & MOWING - EDA 583.13 10/10/2023 113320 HAG ER JEWELRY INC NAME PLATE, ENGRAVING - MULTIPLE DEPTS 75.00 10/10/2023 113321 HANSON & VASEK CONSTRUCTION SIDEWALK REPLACEMENTS - MULTIPLE DEPTS 2,020.00 10/10/2023 113322 HAWKINS INC AZONE 15-WWTP 1,220.78 10/10/2023 113323 HJERPE CONTRACTING REPAIRS - MULTIPLE DEPTS 8,346.00 10/10/2023 113324 HOME CITY ICE COMPANY COST OF GOODS SOLO - LIQUOR HUTCH 758.64 10/10/2023 113325 HORIZON COMMERCIAL POOL SUPPLY OXIDIZING SOLID - WATERPARK 995.22 10/10/2023 113326 H UTCH F I ELD S E RVI CES OCT SERVICES -HATS 1,485.75 10/10/2023 113327 HUTCHINSON CHAMBER & TOURISM AUG 2023 LODGING TAX 4,943.05 10/10/2023 113328 HUTCHINSON FIRE DEPT RELIEF ASSN LOCAL FIRE PENSION CONTRIB, STATE AID 180,425.73 10/10/2023 113329 HUTCHINSON HEALTH DRUG TESTING 61.75 10/10/2023 113330 HUTCHINSON LEADER SE PT ADVE RTIS I NG -MULTIPLE DEPTS 1,703.92 10/10/2023 113331 HUTCHINSON WHOLESALE #1550 EQUIPMENT PARTS - MULTIPLE DEPTS 132.86 10/10/2023 113332 HUTCHINSON WHOLESALE #1551 EQUIPMENT PARTS - CREEKSIDE 94.73 10/10/2023 113333 HUTCHINSON WHOLESALE #1552 EQUIPMENT PARTS - PARKS 199.00 10/10/2023 113334 HUTTON, CHRIS REIMB: SAFETY FOOTWEAR - PARKS 144.00 10/10/2023 113335 IDEAL SERVICE INC DRIVE REPAIR -WATER 2,441.00 10/10/2023 113336 INDELCO PLASTICS CORPORATION TWO CHANNEL TRANS, WALL MOUNT - WATER 4,294.46 10/10/2023 113337 INDUSTRIAL PNEUMATIC SYSTEMS GASKET RINGS - WATER 54.89 10/10/2023 123338 INTERSTATE BATTERY SYSTEM MIN NEAPOL BATTERIES - HATS 1,725.50 10/10/2023 113339 JEFFERSON FIRE & SAFETY INC ADAPTERS VENTIALTION FAN COOLING - FIRE 57.35 10/10/2023 113340 JOHNSON BROTHERS LIQUOR CO COST OF GOODS SOLD - LIQUOR HUTCH 46,469.60 10/10/2023 113341 JOHNSON, MICH ELLE/GRONQUIST, JOSEPH UB refund for aocount: 2-585-7290-9-02 33.50 10/10/2023 113342 JUERGENSEN, JUSTIN REIMB: STUDENT, GFOA CONF'S - FINANCE 216.15 10/10/2023 113343 JUHL, MATT & TRACY SEWER SERVICE REPAIR REIMS 8,500.00 10/10/2023 113344 K & A CONTRACTING LLC ROCK INSTALL: ARENA STORM DRAINAGE PROJECT 1,550.00 10/10/2023 113345 KAHNKE BROTHERS NURSERY TREES - STREETS 3,556.00 10/10/2023 113346 KAMPS INC PALLETS - COMPOST 6,240.00 10/10/2023 113347 KERPS CLEANING & HANDYMAN SERVICES SEPT CLEANING - MULTIPLE DEPT$ 5,381.06 10/10/2023 113348 KNACKS, BRANDON UB refund for aocount: 2-740-7550-8-01 170.02 10/10/2023 113349 KRANZ LAWN & POWER EQUIPMENT PARTS - MULTIPLE DEPTS 470.94 10/10/2023 113350 KUGATH, GAVIN UB refund for account: 1-880-1387-0-01 63.98 10/10/2023 113351 KURTH WELDING & REPAIR LLC STAINLESS AUGER WELD - WWTP 349.00 10/10/2023 113352 LAUINGER, GERALD SEWER SERVICE REPAIR REIMB 8,500.00 10/10/2023 113353 LOG IS OCT 2023 APPL SUP-GIS BASE - MULTIPLE DEPTS 10,835.00 10/10/2023 113354 MAPA 2023 MN ASPHALT CONF - ENG 590.00 10/10/2023 113355 MARCO TECHNOLOGIES LLC AUG SHREDDING, CONTRACTS - MULTIPLE DEPTS 620.73 10/10/2023 123356 MARCO TECHNOLOGIES LLC AUG SHREDDING, CONTRACTS - MULTIPLE DEPTS 1,798.77 10/10/2023 123357 MAVERICK WINE COST OF GOODS SOLD - LIQUOR HUTCH 4.47.00 10/10/2023 113358 MENARDS HUTCHINSON REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 1,090.36 10/10/2023 113359 MID -STATE ROLL -OFF SERVICE ROLL -OFF FOR 125 GLEN ST NW 534.76 10/10/2023 113360 MIDWEST MACHINERY CO TRACTOR RENTAL- MULTIPLE DEPTS 29,700.00 10/10/2023 113361 MIDWEST PLAYSC4PES INC ENGINEERED WOOD FIBER - KIWANIS PARK 2,855.00 10/10/2023 113362 MIN] RIFF RENTAL - MULTIPLE DEPTS 207.57 10/10/2023 113363 MINNESOTA CONTINUING LEGAL EDUCATI❑ MN DWI UPDATE - LEGAL 89.00 10/10/2023 113364 MINNESOTA PETROLEUM SERVICE OEM TANK MONITOR REPLACEMENT - HATS 13,371.36 10/10/2023 113365 MINNESOTA VALLEY TESTING LAB LAB SAMPLE TESTING - MULTIPLE DEPTS 1,312.80 10/10/2023 123366 MN DEPT OF TRANSPORTATION 8/14- 8/23 JOB COST TRANSFERS - STREETS 682.18 10/10/2023 113367 MOE, PAUL REIMB: SAFETY FOOTWEAR - WWTP 129.00 10/10/2023 113368 MULCAHY COMPANY INC SUMP PUMP - WWTP 5,203.51 10/10/2023 113369 MYERS TIRE SUPPLY TIRE SUPPLIES/PARTS - HATS 226.47 10/10/2023 113370 NED ELECTRICAL SOLUTIONS AIRFIELD LIGHTING REPL PROJECT EST #19/1- 9/29 90,998.09 10/10/2023 113371 NISTLER, SHARON UB refund for aocount: 3-735-2360-2-00 151.99 10/10/2023 113372 NORTHERN ELECTRICAL SOLUTIONS LLC TRAINING TOWER CONDUIT REPAIR - FIRE 300.00 10/10/2023 1113373 1 ODP BUSINESS SOLUTIONS LLC FORKS CUPS, PLATES- HATS LINER SET, IMPELLER, BUSHINGS -STORM WATER 183.30 10/10/2023 113374 JOLD DOMINION BRUSH CO INC Z,US4.98 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 9/27/23 - 20/10/23 Check Date 10/10/2023 Check 113375 Vendor Name --------------------------------------- ORACLE AMERICA INC PAL-SERV Description --------------------------------------------- TBE PERFORM SITE LICENSE - MULTIPLE DEPTS PALLETS - COMPOST LIOP22-10 BRIDGE DECK REHAB PAY #5 Amount 1,325.63 10/10/2023 113376 5,668.00 10/10/2023 113377 PARAGON RESTORATION II INC 107,470.30 10/10/2023 113378 PARK NICOLLET CLINIC OCT 2023 CAM 1,500.00 10/10/2023 113379 PEAT INC SPHAGNUM - COMPOST 16,933.50 10/10/2023 113380 PEOPLEREADY INC CREEKSIDE TEMP STAFFING 2,408.71 10/10/2023 113381 PHILLIPS WINE & SPIRITS COST OF GOODS SOLD - LIQUOR HUTCH 28,445.29 10/10/2023 113382 PIONEER ATHLETICS / PIONEER MFG BRITE STRIPE - PARKS 400.00 10/10/2023 113383 PLUMBING & HEATING BY CRAIG PUSH BUTTON MECH, ACTUATOR ASSY - PARKS 190.78 10/10/2023 113334 PLUNKETTS PEST CONTROL 9/15 PEST CONTROL - ARENA 114.37 10/10/2023 113385 POLYDYNE INC CLARIFLOC-WWTP 3,654.00 10/10/2023 113386 PREMIER TECH CHRONOS BAGGER PARTS - CREEKSIDE 1,067.76 10/10/2023 113387 PRO AUTO MN INC OIL CHANGES & REPAIRS - MULTIPLE DEPTS 680.87 10/10/2023 113388 RATH RACING INC EMERG REPAIRS TO LADDER TRUCK - FIRE 337.50 10/10/2023 113389 REINER ENTERPRISES INC CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 1,435.46 10/10/2023 113390 ROSE TRUCKING INC DOT INSPEC & REPAIRS - CREEKSIDE 889.54 10/10/2023 113391 RUNNING'S SUPPLY REPAIR & MAINTSUPPLIES- MULTIPLE DEPTS 299.81 10/10/2023 113392 SCHMIDT, BEN REIMB: STATE FIRE SCHOOL- FIRE 244.68 10/10/2023 113393 SCHULTZ, LEVI REIMB: STATE FIRE SCHOOL- FIRE 210.25 10/10/2023 113394 SCHWEISS DOORS 1PLY RUBBER - AIRPORT 475.18 10/10/2023 113395 SEIFERT, LEAH UB refund far account: 2-803-2810-3-03 8.88 10/10/2023 113396 SHORT-ELLIOT-HENDRICKSON INC AUG SERVICES - MULTIPLE DEPTS 5,144.95 10/10/2023 113397 SIMONSON LUMBER CO REPAIR & MAI NT SUPPLIES - PARKS 280.89 10/10/2023 113398 SITEONE LAN D5CAPE SUPPLY EDGING, SEED, HERBICIDE - PARKS 4,224.65 10/10/2023 113399 SLABIACKING SPECIALTIES RAISED CONCRETE SIDEWALK - STREETS 250.00 10/10/2073 113400 SMALL LOT MN COST OF GOODS SOLD - LIQUOR HUTCH 97.50 10/10/2023 113401 SOUTHERN WINE & SPIRITS OF MN COST OF GOODS SOLD - LIQUOR HUTCH 28,036.78 10/10/2023 113402 ST CLOUD REFRIGERATION INC DEHUMIFICATION UNITS REPAIRS -ARENA 648.04 10/10/2023 113403 STANDARD PRINTING-N-MAILING POSTAGE & SUPPLIES - MULTIPLE DEPTS 2,708.51 10/10/2023 113404 STAPLES ADVANTAGE OFFICE SUPPLIES - MULTIPLE DEPTS 394.08 10/10/2023 113405 STAR TRIBUNE 10/4- 1/3 SUBSCRIPTION - SR CTR 61.00 10/10/2023 113406 STEELCRAFT LLC REPAIR WATER TOWER LEAK- WATER 425.00 10/10/2023 113407 STREICH TRUCKING CREEKSIDE FREIGHT TO MULTIPLE LOCATIONS 4,500.00 10/10/2023 113408 TENEYCK, NICHOLAS REIMB: SAFETY FOOTWEAR - PARKS 145.00 10/10/2023 113409 THOMSON REUTERS-WEST SUBSCRIPTIONS, PLANS- LEGAL 1,266.72 10/10/2023 113410 TITAN MACHINERY #789 500 HR SERVICE -CREEKSIDE 1,406.74 10/10/2023 113411 TRI COUNTY WATER BOTTLE WATER DELIVERY - MULTIPLE DEPTS 78.50 10/10/2023 113412 TRUE BRANDS COST OF GOODS SOLD - LIQUOR HUTCH 224.62 10/10/2023 113413 TRUGREEN AND ACTION PEST CONTROL EARLY FALL FERT & WEEDS - CEMETERY 3,019.27 10/10/2023 113414 UNITED FARMERS COOP #2 FUEL- HATS 27,108.61 10/10/2023 113415 VERIZON WIRELESS AUG 24 -SEP 23 PHONE SERVICES 639.99 10/10/2023 113416 VIKING BEER COST OF GOODS SOLD - LIQUOR HUTCH 18,272.13 10/10/2023 123417 VIKING COCA COLA COST OF GOODS SOLD - LIQUOR HUTCH 531.20 10/10/2023 113419 VINOCOPIA INC COST OF GOODS SOLD - LIQUOR HUTCH 3,860.50 10/10/2023 113419 VIVID IMAGE WEBSITE HOSTING - MULTIPLE DEPTS 3,600.00 10/10/2023 113420 WASTE MANAGEMENT OF WI -MN 9/1- 9/15 RESIDENTIAL REFUSE 7,411.17 10/10/2023 113421 WATER CONSERVATION SERVICE INC LEAK LOCATE - WATER 517.94 10/10/2023 113422 WENDT, CHRIS UB refund for account: lA41.0449-0-01 384.89 10/10/2023 113423 WINE COMPANY, THE COST OF GOODS SOLD - LIQUOR HUTCH 1,750.00 10/10/2023 113424 WINE MERCHANTS INC COST OF GOODS SOLD - LIQUOR HUTCH 6,244.98 10/10/2023 113425 WM MUELLER & SONS SAND - STREETS 1,886.04 10/10/2023 113426 WM MUELLER & SONS L3P23-03 & 23-04 ALLEY IMPVS 9/15 - 9/25 70,714.28 10/10/2023 113427 WOLD ARCHITECTS & ENGINEERS NEW POLICE FACILITY THRU 9/30/23 98.71 10/10/2023 113428 WOOD & RUE PLLP REVIEW FILE 43 -C R- 22-996 - LEGAL 32.00 10/10/2023 113429 TACK'S INC FLOOR DRY - HATS 313.55 10/10/2023 10/10/2023 113430 113431 ZEP SALES AND SERVICE CLEANER - HATS 1,003.20 ZIEGLER INC COMPACTOR REPAIR, RENTAL - STREETS 10,278.85 Total - Check Register A: $ 1,564,700.65 CHECK REGISTER B FOR CITY OF HUTCHINSON CHECK DATE FROM 9/27/23 - 20/10/23 Check Date Check Vendor Name Description Amount 10/10/2023 113301 CROW RIVER SIGNS BLANKCOROSHEETS- POLICE 126.30 Total - Check Register B: $ 126.30 FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON FURPOSE. Consideration of 2nd Reading of Ordinance for Vacation of Easements at 125 Agenda Item: Michigan St SE, 509 Hilltop Dr NE and 515 Hilltop Dr NE Department: Planning LICENSE SECTION Meeting Date: 10/10/2023 Application Complete NIA Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff F/1 Unfinished Business Time Requested (Minutes): 5 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: The property owner is requesting to vacate the easements that were in place prior to the re -plat that was approved last month. The re -plat will re-establish the needed easements when the plat is recorded. Nobody from the Public spoke regarding this request. The Planning Commission voted unanimously (4-0) to approve this request. BOARD ACTION REQUESTED: Approval of 2nd reading of Ordinance and approval of resolution. Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ D.0Q Funding Source: NIA PUBLICATION NO. ORDINANCE NO. 23-843 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING DRAINAGE AND UTILITY EASEMENTS LOCATED IN SANTELMAN'S THIRD ADDITION THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1, 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 vacate drainage and utility casements located in Santelman's Third Addition. Section 2. That the drainage and utility easements to be vacated are described as follows: The 10 foot wide drainage and utility easements along the north lines of Lots 1 and 2, Block 2, SANTELMAN' S THIRD ADDITION, according to the record plat thereof, McLeod County, Minnesota. Section 3. This ordinance shall take effect from and after passage and publication. Release of the easement is contingent upon the project occurring. Adopted by the City Council this 1 Oth day of October, 2023. ATTEST: Matt ]aunich Gary T. Fortier City Administrator Mayor RESOLUTION NO. 15637 RESOLUTION APPROVING THE VACATION OF UTILITY EASEMENT AT 505 HILLTOP DR NE AND 515 HILLTOP DR SE, HUTCHINSON. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS Gary T Forcier Family Trust, dated April 13, 2007, property owner, petitioned for the vacation of utility easements between 509 Hilltop Dr NE and 515 Hilltop Dr NE. The areas are legally described as: 509 Hilltop Dr NE — Lot 1, Block 2, Santelmans Third Addition 515 Hilltop Dr NE — Lot 2, Block 2, Santelmans Third Addition 2. The City Council has the Planning Commission recommendation for approval and has found that the public interest will still be served by vacating these easements. The description of the easement to be vacated is: The 10 foot wide drainage and utility easements along the north lines of Lots 1 and 2, Block 2, SANTELMAN's THIRD ADDITION, according to the record plat thereof, McLeod County, Minnesota. 3. The City Council has determined that this vacation is in keeping with the general planning of the City. CONCLUSION RECOMMENDATION: The City Council hereby approves the vacation of easements as described above. Adopted by the City Council this 1 Oth day of October, 2023. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL H UTCH I N SO N Request for Board Action A CITY ON PORPOSE. Amendments to Chapter 92.035 - Weed Ordinance Natural Landscape Plans Agenda Item: Department: PW/Eng LICENSE SECTION Meeting pate: 10/10/0223 Application Complete NIA Contact: John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff F/I New Business Time Requested (Minutes): 10 License Contingency NIA Attachments: Yes BA CKGROUNDIEXPLANA TION OF AGENDA ITEM: Chapter 92 Commonly referred to as the "weed ordinance", this section of the City Code was reviewed by City staff due to state legislation passed during the 2023 session requiring cities to allow natural landscaping concepts. Based upon the fact that natural landscaping plants will typically exceed the City's eight inch maximum height requirement a revision is needed. The City has developed a process for property owners to use in cases that natural landscaping would be desired in place of turf grass. Obtaining a Natural Landscape Plan authorization will require the property owner to develop a plan that includes delineating the area desired for the natural landscape planting, listing plant species to be planted, and includes provisions for meeting mowed setbacks from lot lines and minimum maintenance standards. BOARD ACTION REQUESTED: Approve/Deny Ordinance No. 23840 relating to Proposed Amendments to Chapters 92 of the City Code, as presented. Set second reading of ordinance Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0,00 Funding Source: N/A OFFICE OF CITY NEED INSPECTOR NATURAL LANDSCAPING PLAN A written plan relating to management of the natural landscape which contains: A. Legal description of the lawn upon which the grass and other growth will exceed eight inches (8") in length. B. Statement of intent and purpose for the land area. A description of the vegetation types, plants, and plant succession involved. C. The specific management and maintenance techniques to be employed. Include methods used to eliminate non-native or invasive vegetation. D. Method used for replanting the area, such as, transplanting, seeded by hand, seeded by mechanical means, etc. E. Include provisions for maintaining at a length not greater than eight inches (8") berm areas, that portion between the sidewalk and the street or a strip not less than ten feet (10') adjacent to the street where there is no sidewalk and a strip not less than four feet (4') adjacent to neighboring property lines or public sidewalks, unless waived by the abutting property owner on the side so affected. F. Include provisions for maintaining the area to a height of 8 inches or less if weeds cover more than 25% of the natural landscaped area. Mowing or controlled burns may be necessary to promote establishment of the desired native plant species. Noxious weeds must be controlled at all times and are not allowed to persist, even with an approved Natural Landscaping Plan. APPLICATION FOR NATURAL LANDSCAPING PLAN TO ESTABLISH A NATURAL LANDSCAPE 1. Name ❑f Applicant: Address: Owner (if other than applicant): Title: Owner Signature. Date: 2. Legal Description: 1 Site Plan. Attach a drawing of the site plan to this application. 4. Length of estimated transition period. S. Plant List. List all plant species and the heights they grow to. 2 Plant Name Hef2ht ORDINANCE NO. 23-840 AN ORDINANCE AMENDING CHAPTER 92 (WEED ORDINANCE) OF THE CITY OF HUTCHINSON CODE OF ORDINANCES INCLUDING ADDING LANGUAGE IN SECTION 92.037 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 Weed Ordinance to amend language in Chapter 92 of the City Code as follows: CHAPTER 92 WEED NUISANCE VEGETATION § 92.035 SHORT TITLE. This subchapter shall be cited as the "Weed Nuisance Vegetation Ordinance". § 92.036 JURISDICTION. This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed. § 92.037 DEFINITIONS; EXCLUSIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESTRUCTION ORDER. The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. NATIVE VEGETATION. Grasses and flowering broad -leaf plants that are native to, or adapted to, the State of Minnesota, and that are commonly found in meadow and prairie plant communities, except weeds. NATURAL LANDSCAPING. Groups of plants native to the State of Minnesota. WEEDS, GRASSES and RANK VEGETATION. (a1) Includes, but is not limited to, the following: 1. Noxious weeds and rank vegetation shall include but not be limited to: alum (ailium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip; 2. Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; 3. Bushes of the species of tall, common or European barberry, further known as berberis vulgaris or its horticultural varieties; pm-, I 4. Any weeds, grass or plants, other than trees, bushes, flowers or other ornamental plants, growing to a height exceeding eight inches; and 5. Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. (Q) The term WEEDS does not include shrubs, trees, cultivated plants or crops and the following: 1. Native vegetation included as part of a natural landscaping plan is allowed provided the owner applies for and receives an approved natural landscape plan from the City, and maintains the property in a condition sufficient to maintain the plan. 2. Natural landscape plans are required if landscaping includes grasses or broad -leaf plants that exceed 8 inches in overall height and exceed 25 percent of the pervious surface area of the parcel excluding natural wooded areas, wetlands, rain gardens and native shorelines. 3. Non -noxious weeds, native grasses and native broad -leaf plants are allowed within 20 feet of storm water ponds or within 50 feet of natural or altered creeks, rivers and stream corridors, including riparian buffer strips. 4. Non -noxious weeds, native grasses and native broad -leaf plants are allowed on land zoned agricultural, including pastures, provided that a mowed buffer zone of 10 feet between the agricultural land and any turf grass or right-of-way be maintained. (B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. § 92.038 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE. All property owners shall be responsible for the removal, cutting or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property and rights -of - way adjacent to their property, which at the time of notice, is in excess of eight inches in height. § 92.039 FILING COMPLAINT. Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed with the City Administrator. If the city makes the complaint, an employee, officer or Council member of the city shall file the complaint in all respects as set out above. § 92.040 NOTICE OF VIOLATIONS. (A) Upon receiving notice of the probable existence of greeds nuisance vegetation in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City COunrii regarding the condition. The City Council or designated city official, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a 01d9MFi Gtinn C)Fder Individual Notice to Control Tall Grass and Noxious Weeds" to the property owner or the person occupying the property as that information is contained within the records of the City Administrator or any other city agency. The notice shall be served in writing to the owner of record by first class mail. The notice shall provide that within seven calendar days following the notice that the designated violation shall be removed by the property owner or person occupying the property- (B) (1) All notices are to be in writing and all filings are to be with the City Administrator or designee. (2) Certified mailing to the City Administrator or others is deemed filed on the date of posting to the United States Postal Service. Page 2 § 92.041 APPEALS. (A) The property owner may appeal by filing written notice of objections with the City Council or designated city official within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property owner's responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter. (B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council members in attendance and being at a regularly scheduled or special meeting of the City Council. § 92.042 ABATEMENT BY CITY. In the event that the property owner shall fail to comply with the "destruction order" within seven regular business days and has not filed a notice within 48 hours to the City Administrator of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. § 92.043 LIABILITY. (A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter. (B) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used- (C) All sums payable by the property owner are to be paid to the City Administrator and to be deposited in a general fund as compensation for expenses and costs incurred by the city. (D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time. EFFECTIVE DATE OF ORDINANCE. This Ordinance shall take effect upon adoption and publication in accordance with the Hutchinson City Charter. Adopted by the City Council this 2411 day of October, 2023. ATTEST: Matt Jaunich, City Administrator Gary Forcier, Mayor First Consideration: 10/10/2023 Second Consideration: 10/24/2023 Date of Publication: Pace 3 HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. 5642 - Resolution Approving 2024 Employee Benefits Package Agenda Item: Department: Admin - HR LICENSE SECTION Meeting pate: 10/10/2023 Application Complete NIA Contact: Kellie Wendland Agenda Item Type: Presenter: Kellie Wendland Reviewed by Staff New Business Time Requested (Minutes): 10 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION GFAGENDA ITEM: After meeting with the Wage Committee and the Leadership Team following the 2023 benefits survey, it is recommended that for 2024 that a Vision and Short -Term Disability plan be offered on a voluntary basis for employees. Both plans would be offered through Unum, which helps keep consistency in the number of carriers the City has. In addition, trundling multiple products help ensure we're receiving the best prices on said products. The Vision plan being recommended is a $200 Exam and Materials plan, which will be a benefit to employees that aren't on the City health plan (which pays for an exam) and also allows flexibility where employees seek care (current health plan is specific about what type of provider can perform the eye exam). For Short Term Disability, a 7 day waiting period was selected to provide a benefit quicker than a 14 day waiting period, and the plan selected can be used for up to 25 weeks, which helps bridge the gap until Long Term Disability could kick in. Again, both benefits are voluntary and the City will Only see a very small administrative fee to Offer these. Both coverages were mentioned many times in the survey. For the health plan, we received one other offer from Blue Cross Blue Shield besides our current carrier, Health Partners. BCBS offered our current plan at a higher increase than what HP has proposed. As noted at prior meetings, our renewal in 2024 will see a 25% (average) increase. The recommendation is to leave the current plan structure in place for 2024 with hopes that claims data will return to what is considered normal for our group. Health Partners has also provided prices for alternate options for 2024 that give some cost savings because deductibles are higher. With the tight labor market, the City's position is to maintain the lower deductibles at this time. Should the data continue to be unfavorable for the City, alternative options will be considered for 2025 to provide cost savings to the City but still provide a solid benefit to employees. Note — the current $3000/6000 deductible plan must increase to $3200/6400 due to IRS requirements for an embedded deductible plan. BOARD ACTION REQUESTED. Approve 2024 Employee Benefits Package Fiscal Impact: Funding Source: FTE Impact: Budget Change: Included in current budget: Yes PROJECT SECTION: Total Project Cast, Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA Comparing Recommended Renewal to Higher Deductible Plans Total Premium Employee Premium (20%) Employer Premium (80%) Monthly Premiums Annual Monthly Premiums Annual Premium Out -of -Pocket Incr. Monthly Premiums Annual Savings $20001 $4000 $25001$50D0 Amount % Coverage $20D01 $4000 $25001$5000 Difference $20001$4000 $25001$5000 Savings Increase Annual °k Incr EE $896.38 $549,38 -$564.00 S139.28 $129,58 $112.80 $500.00 $387.2A 10.5% $557.10 $519.5D 5451.20 6.i9v EE+Spouse $1,915.04 $1,785.80 $1,SSD.88 $383.01 $357.16 -$310.20 $1,000.00 $699.80 9.0% $1,532.03 $1.428.64 $],240.68 -6.7% EE+Children $1,183.84 $1,103.95 -S958.68 $236.77 $220,79 -$191.76 $1,0m,00 $608.24 11.8% $947.07 $853.16 S766.92 -5.7% EE+Family $2,D19,50 $1,883.21 S3,635.48 $403.90 $376.64 -$327.12 $1,000.00 $672.88 7.fi95 $1,615.60 $1.506.57 41,308,36 -6.7% Monthly Premiums Annual Monthly Premiums Annual Premium Out -of -Pocket Incr. Monthly Premiums Annual Savings $32001 $6400 $40001$8000 Amount % S32001$6400 $40001$8000 Difference S32001$6400 $40001$8000 savings Increase Annual % Incr EE $65927 $58024 -$948.36 $131.85 $116.05 4189.60 $80000 $61a,lo 12.8% $527.42 $464.19 $758.76 -12.0% EE+Spouse $1,313.00 $1,595.67 -52,607.96 $362.60 $319.13 -$521.64 $1.600.00 S1,078.36 10.0% $1,450.40 $1.276.54 -$2,086.32 -12.0% EE+Children $1.120.76 S986.41 $1.612.20 3224.15 $19728 -$322.44 $1,600.00 S1,277.56 14.1% $896.61 $789.13 -$1.289.76 -12.0% EE+Family $1.911.89 S1,682.71 -$2,750.16 S382.38 $336,54 -$550.08 S1.600.00 S1,049.92 9.6% $1.529.51 S1,345.17 -$2.200.08 -12.0% Higher deductible plans would save the General fund $73.000 (1.25%tax levy reduction) but could expose employees to higher potential outOf-pocket coat Comparing Low Deductible to High Deductible Plans Total Premium Employee Premium (20%) Employer Premium (80%) Monthly Premiums Annual Monthly Premiums Annual Premium Out -of -Pocket Incr. Monthly Premiums Annual Savings $20001 S400D $32001$6400 Amount gy Coverage $20001 S4000 S32001$6400 Difference $20001 S4000 $32001$6400 Savings Increase Annual % Incr EE $696.38 $659.27 -$445.32 $139.26 $131.85 -S89.16 $1,200.00 $1.110.84 3D.3% $55T.10 $527.42 -$356.16 -5.3% EE * Spouse $1.915.04 S1,813.00 S7,224.48 S383.01 $362.60 4244.92 $2.400,00 $2.155.08 25.1% $1,532.03 S1,450.40 -$979.56 -5.3% EE+Children $1.163.84 $1.120.76 -$756.96 6236.77 $224.15 4151.44 $2.400.00 $2,248.56 32.9% $947.07 $696.61 -$605.52 -5.3% EE+Family $2.019,50 $1,911.89 Si,29i.32 $403.90 $382,38 4258.24 $2,400,00 $2.141.76 24,21W $1.615.60 $1.529.51 41,033.08 -5.3% Monthly Premiums Annual Monthly Premiums Annual Premium Cut -of -Pocket Incr. Monthly Premiums Annual Savings $25001$5000 $40001$8000 Difference $25001$5000 $40001$8000 Savings Increase Annual 9%Incr $25001 S51J00 $40001$8000 Amount % EE $649.38 S580.24 -S829.68 S129.88 $116.05 4165.96 $1,500.00 $1,334.04 32.9% $519.50 $464.19 5663.72 -10.6% FIE +Spouse $1.765.80 $1,595.67 $2261.56 $357.16 $319.13 -5456.36 $3.000.00 $2,543.64 27.4% $1,426.64 $1,276.54 -$1.825.20 -10.6% EE+Children $1,103,95 $986.41 41,410.48 $220.79 $197.28 -$282.12 $3,000.00 $2,717.88 35.5% $883.16 $789.13 -$1,128,36 -10.6% EE+Family $1.88321 $1,682.71 $2,4D6.00 $376.64 $336.54 -$481.20 $3,000.00 $2,518.80 26.54k $1,50657 $1,346.17 -$1,924.80 -10.6% There is Ilttle Incentive toremptoyees 10 migrate to the higher ded uctible plan. - the premium savings is minimal compared to the increase in potential out-of-pocket cost with the higher deductible City of Hutchinson Cost Summary January ], 2024 Renewal Dote Total Cost Current Renewal $$ Change % Change Renewal Notes: HealthPartners (Medical) $1,398,879 $1,745.207 $346,328 24.8% Moving fo The $2,500 & $4.000 pfam wdf change the Iola! renewof to approximately $ f,612,984. Nice Healthcare $36,828 $40,176 $3,348 9.1% PEPM is Increasing from $33 to f39 PEPM HSA Contributions $160,000 $160,000 $o 0.0% No Change Sun Life (Dental}- Administration $7,670 $7,67o $0 0-0% No Change Sun Life (Dental}- Projected Claims $41A39 $41,839 $0 0.0% No Change Vision - NEW Adding the $200 6kam + Mdfedais Vision honefH with Unum Vnum We $1021 S12,721 $0 0.0% No Change - 2 yeaf rate hofd will' addition of vlgofl On um Short Term Disability - NEW Adding o 717 . 25 week voluntary beneffi wffh Unum Lin um Long Term Disability $231476 $23,476 $o 0.0% No C110nge • 2. yeof raf0 hok) with addfnon of vision Annual Total $1,681.,413 $2,031,089 $349,676 Employee Contributions HealthPartners lMedical) $279,776 $a49,014 569,238 2.4.7% No chohge fo ConhfbW10m - $0120 5pi f Nice Healthcare $0 $0 $0 om LR Pohl HSA Contributions $o $o $0 0.0% NIA Sun Life (Dental) -Adml nistratiun $o $o $D oA% ASO fee i5 ER f7010 Sun Life (Dental)- Projected Claims $22,384 $22,384 $o 0.09E No Change fv Conhibotions Vision - NEW 100%EE Paid Unum Life $o $o $0 0.0% ER Pala Un um Short Term Disability - NEW $D H70% EE Paid Unum Long Term Disability $0 $o $0 0.0% ER Paid Annual Total $802,160 $571,398 $69,233 Total Net Cost to City of Hutchinson HeahhPartners lMedicalj $2,119,203 $1,396,193 $277,690 24.8% Nice Healthcare $ X!A $4o,A76 $�,348 41% HSA Contributions $160,Oo0 $160,0o0 $0 0-U% Sun Life(Dental}- Administration $7,670 $7,670 $o 0.0% Sun Life (Dental)- Projected Claims $19,455 $19,455 $0 0.0% Vision - NEW $0 $o $0 0-0% Unum Life 512,721 $12,721 $0 0.0% Vn um Shore Term Dis obi lily - NEW $0 $O $O 0.096 Lin um Long Term Disability $23,476 $23,476 so 0.0% An nuaI Total $1,379,253 $1,659,691 $280,439 Notes Costs based an enrollment I employee counts as of renewal information pulled in 2023 UWE City of Hutchinson MN Dental Plan • Matching Current Benefit Outline and Cost Summary January 1, 2024 Renewal Date Benefit Outline Current Renewal Carrier Sun Life Plan Type Dental PPO Deductible (Individual / Family) $0 / $0 Waived for Preventive N/A Annual Maximum $1,000 Max Rollover Not Included Preventive Services 100% Basic services 80% Major Services 50% Endodontics / Periodontics Basic Implants Not Covered Orthodontia Not Covered Waiting Periods (Prey/ Basic/ Major/ Ortho) None Non -Network 90th UCR Deductible (Individual / Family) $0 / $0 Annual Maximum $1,000 Prev. / Basic / Major 100% / 80%/ 50% Participation Requirement Current Participation Rate Guarantee Until 1/1/2025 Rates & Total Cost ASO Fee PEPM $6.80 $6.80 Annual ASD Fee $7,670 $7,670 Projected Claims $41,839 $41,839 Annual Total Expected Costs $49,509 $49,5U9 Percentage Change 0.0% Fully Insured Premium Equivalents Employee 26 $30.08 $30,08 Employee + 5pouse 7 $58,79 $5839 Employee + Child(ren) 2 $75.29 $75.29 Family 59 $104.00 $104.00 Total Employees 94 Annual Total $89,762 $89,762 Employee Contributions Employee $11.12 $11,12 Employee +Spouse $23.18 $23,18 Employee + Child(ren) $23.18 $23,28 Family $23.18 $23,28 Change From Current $0 Percentage Change 0.01/0 Annual Total $22,384 $22,384 Notes 1. Projected claims amount is from Delta Dental's proposal. 2. HealthPartners' quote includes a 4% rate cap at first renewal. Their quote includes Little Partners coverage (ch City of Hutchinson MN Vision Plan - Exam & Materials $200 Benefit Outline and Cost Summary January 1, 2024 Renewal Elate Benefit Outline Carrier Unum Network Unum Exam Copay $10 Materials Copay $10 Lenses Single 100% Bifocal 100% Trifocal 100% 100% to $200; 20% Off Frames Balance Uective Contacts 100% to $200 Lasik Surgery Discount Discount available Benefit Frequencies (E L F C) 12 / 12 / 24 / 12 Participation Requirement 20% Rate Guarantee 4 Years to 1/1/2028 Rates & Total Cost Employee $7.83 Employee + Spouse $15.68 Employee + Child(ren) $17.54 Family $27.41 City of Hutchinson MN Life / AD&D Plan - Matching Current Benefit Outline and Cost Summary January 1, 2024 Renewal Date Benefit Outline Carrier Contributory / Non -Contributory Eligibility Benefit Amount Benefit Maximum Guarantee Issue Benefit Reductions Waiver of Premium Benefits Extend To If Disabled Prior To Accelerated Benefits Portability Conversion Rate Guarantee Volumes. Rates & Total Cost Number of Employees Benefit Volume Life Rate Per $1,000 AD&D Rate Per $1,000 Annual Total Change From Current Percentage Change Current Renewal unum Non -Contributory FTE Working? 30 HPW 1 X salary $50,000 $50,000 Reduces To: 67% at Age 70 9 Mo. Elimination Period Age 65 or 12 Mo Age 60 Included Included Included To 1/1/2024 2 Years to 1/1/2026 111 111 $5,579,500 $5,579,500 $0.170 $0.170 $0.020 $0.020 $12,721 $12,721 $0 0.0% City of Hutchinson MN Voluntary Short Term Disability Plan - 7/7 EP Benefit Outline and Cost Summary January 1, 2024 Renewal Date Benefit Outline Carrier Unum Eligibility FTE Working? 30 HPW Elimination Period Accident 7 Days Sickness 7 Days Benefit Percentage 60% Maximum Weekly Benefit $1,500 Definition of Disability Duties AND Earnings Benefit Duration (after EP) 25 weeks Pre -Existing Conditions Exclusion Not Included Zero -Day Residual Included Participation Requirement Greater of 10 or 20% Rate Guarantee 2 Years to 1/1/2026 Rates per $10 Under Age 25 $0.338 25-29 $0.744 30-34 $1.034 Under Age 40 $0.878 40-44 $0.685 45-49 $0.782 50-54 $1.061 55-59 $1.324 60-64 $1.822 65-69 $2.206 70+ $ 2.206 Notes * The Unum proposal with 12 week benefit duration would be City of Hutchinson MN Long Term Disability Plan - Matching Current Benefit Outline and Cost Summary January 1, 2024 Renewal Date Benefit Outline Current Renewal Carrier Unum Contributory / Non -Contributory Non -Contributory Eligibility FTE Working ? 30 HPW Benefit Percentage 60% Maximum Monthly Benefit $8,000 Definition of Disability Duties AND Earnings Own ❑cc Period 36 Months Earnings Loss (Own / Any) 20%/ 20% Elimination Period 180 Days Benefit Duration To SSNRA Work Incentive Period 12 Months Survivor Benefit 3 Months Alcohol and Drug Benefit Limit 24 Mos. Lifetime, Combined Mental Nervous Benefit Limit 24 Mos. Lifetime, Combined Self -Reported / Chronic Fatigue Limit No Limit Pre -Existing Conditions Exclusion 3 / 12 Rehabilitation Voluntary Employee Assistance Program Included Rate Guarantee To 1/1/2024 2 Years to 1/1/2026 Volumes, Rates R Total Cost Number of Employees 111 Volume: Covered Payroll $699676 LTD Rate Per $100 $0.280 Annual Total Premium $23,476 Change From Current Percentage Change 111 $698,676 $0.280 $23,476 $0 0.0% City of Hutchinson MN Voluntary Accident Benefit Outline and Cost Summary January 1, 2024 Renewal Date Benefit Outline Carrier Unum Coverage Type On & Off Job Hospital: Admission / Confinement (per day) $1,000 / $200 up to 365 days ICU Admission /Confinement (per day) $1,500 / $400 up to 15 days Rehabilitation (per day) $100 up to 15 days Emergency Care: Emergency Room / Urgent Care $150 / $75 Physical Therapy ($ / # of days) $25 up to 10 days X-Ray / Major Diagnostic (MRI, etc.) $200 Ambulance (Air/ Ground) $1,500 / $400 Dislocations lap to $6,000 Fractures Up to $7,500 Accidental Death / Common Carrier Employee $50,000 $150,000 Spouse $20,000 / $60,000 Dependent Child(ren) $10,000 / $30,000 Accidental Loss: Dismemberment Up to $100,000 Burns Up to $10,000 Skin Grafts 50% Coma / Concussion $10,000 / $150 Dental Work $300 Eye Injury $300 Child Organized Sports Benefit Not Included Wellness Benefit Not Included Portability Included Participation Requirement Current Participation Rate Guarantee To 1/1/2024 Rates Employee $11.57 Employee + Spouse $18.72 Employee + Child(ren) $21.60 Employee + Family $28.73 City of Hutchinson MN Voluntary Critical Illness Benefit Outline January 1, 2024 Renewal date Benefit Outline Carrier Unum Benefit Amounts: Employee $5,000 to $50,000 Spouse $5,000 to $30,000 Children 50% of Ee Amt Guarantee Issue: Employee $10,000 Spouse $5,000 Children 50% of Ee Amt Covered Conditions: Cancer 1000/0 Skin Cancer Included Coma 100% Heart Attack 100% Stroke 100% Paralysis 100% Complete Loss of Sight/Speech/Hearing 100% Coronary Artery Bypass Surgery 25% Alzheimer's Disease 0% Parkinson's Disease 0% Re -Occurrence Benefit Included Wellness Benefit Included Benefit Reduction 50% at Age 70 Pre -Existing Limitation 12 / 12 Portability Included Issue Age or Attained Age Rates Participation Requirement Current Participation Rate Guarantee To 1/1/2024 Notes 1. 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All information and content in this USI Insurance Services report is subject to applicable statutes and regulations, furnished "as is;' without warranty of any kind, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or noninfringement. rUSI Vision Benefit Outline Option 4 Carrier Unum Network Unum Exam Copay $10 Materials Copay $10 Lenses Single 100% Bifocal 100% Trifoca 1 100% 100% to $200; 20% Off Frames Balance Elective Contacts 100% to $200 Lasik Surgery Discount Discount available Benefit Frequencies (E J L / F / C) 12 / 12 / 24 / 12 Participation Requirement 20% Rate Guarantee 4 Years to 1/1/2028 Rates & Total Oast Employee $7.83 Fmptoyee + Spouse $15.68 Employee + Child(ren) $17.54 Family $27.41 Short Term Disability Benefit OuHine Option 1 Carrier Unum Eligibility FTE Working 2 30 HPW Elimination Period Accident 7 Days Sickness 7 Days Benef-rt Percentage 609'0 Maximum Weekly Benefit $1,500 Definition of Disability Duties AND Earnings Benefrt Duration (after EP) 25 weeks Pre -Existing Conditions Exclusion Not Included Zero -Day Residual Included Participation Requirement Greater of 10 or 20% Rate Guarantee 2 Years to 1/1/2026 Rates per $10 Under Age 25 $0.338 25-29 $0.744 30-34 $1.034 Under Age 40 $0.878 40-44 $0.685 45-49 $0.782 5Q-54 $1.061 55-59 $1.324 60- 4 $1.822 65-69 $2.206 70+ $2.206 Notes Health Plan Renewal — Health Partners Benefit Outline Ca crier Embedded / Non -Embedded Deductible Ilndmdual /Family] ❑ut-of- Packet Maximum flndividual / FaMOVI Ca insurance (In ICvt) Wellness / Preventive Care Primary Care Office Visit Walk -In / Urgent Care Visit Retail Prescription Drug Copays Specialty Prescription Drugs Rates & Total Cast Employee 24 Employee + Spouse 11 - Emplvyee+Child(ren) 5 Employee+Family 39 ! Total Employees 79 li Annual Subtotal RENEWAL Plan Alternates - Open Access 2,000 $3,000 -i $3200 S2.500 $4.000 Health partners HealthPartner5 Health partners HealthPartners Non -embedded Embedded Non -embedded Embedded $20DO / $4000 $3200/ $640C $2500/ $5000 $4000/ $8000 $20DO / $4000 $3200/ 5640 $2500/ $5000 54000/ $8000 IDO%after deductible 100%a{ter deductibl 100% after deducible 100%aft@r deductible 100% - deductible waived 100%- deductible waived 10W. - deductible waived 100%- deductible waived 100%after deductible IOD7 after d ed u ctib le 100% after deductible 100% after deductible 1DC%after deductible 10D7 after d ed u ctib le 100% after deductible 100% after deductible Waived for preventive Waived for preventive Waived for preventive Waived for preventive 100% after deductible 100% after deductible 100%after deductible 100%after deductible S696-38 $659-27 $649.59 S580-24 $1,915.04 S1,8130C $1,795.80 $1.595.67 $1,183,94 $1,120,76 $1,103,95 $986,41 $2,019,50 $1,911,89 $1,993.21 $1.682,71 $1,469,49 $275,70 $1,-470,326 $242,559 Change from Current $346, 328 5214,106 Percentage Change 24.76% 15.31% RESOLUTION 15642 A RESOLUTION ADOPTING THE 2024 EMPLOYEE BENEFITS PLAN WHEREAS, from year-to-year, the City provides a series of employee benefits, both paid and non -paid, to help in the retention and attraction of employees to the City's workforce; and WHEREAS, City Council reserves the right to modify any or all of the components or to vary from any of the components of the plan at its discretion and at any time; and WHEREAS, city staff and the wage committee are recommending the proposed attached Employee Benefits Plan for 2024. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the 2024 Employee Benefits PIan is hereby approved, a copy of which is attached. FURTHER MORE BE IT RESOLVED, that the changes approved by this resolution go into effect on 1 / 112024. Adopted by the City Council this 10`h day of October, 2023. Gary T. Forcier, Mayor Matthew 3aunich, City Administrator FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Calling a Special Workshop Meeting for 4:00 p-m_ on October 24 Agenda Item: Department: Administration LICENSE SECTION Meeting Date: 10/10/2023 Application Complete NIA Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff �f New Business Time Requested (Minutes): 1 License Contingency NIA Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Staff is looking for the City Council to call a special workshop meeting for 4:00 p.m. on October 24. The purpose of the workshop will be to go through the results of our community survey that was conducted this past summer. BOARD ACTION REQUESTED: Approval of calling a special workshop meeting for 4:00 p.m. on October 24 to Review the Community Survey Results Fiscal Impact: Funding Source: FTE Impact: Budget Change: New Bu Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: NIA Remaining Cost: $ 0.00 Funding Source: NIA Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 10/02/2023 Enforcement Number Address Parcel Category Date Filed Status hate Closed EEN23-0037 225 Hwy 7 W 31-117-29-12-0250 Tail Grass/Noxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0038 1820 island View Cir SW 10-116-30-08-0810 Tail Grass/Noxious Weed 05/23/2023 Closed 06/15/2023 EEN23-0039 560 Hassan St SE 06-116-29-11-0260 Tall Grass/Noxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0040 599 Hassan St SE 06-116-29.11-0190 fall Grass/Noxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0041 35 7th Ave SE 06-116-29-11-0740 Tail Grass/Noxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0042 578 MAIN ST S 06-116-29.11-0050 I -ail Grass/Noxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0043 570 Main St S 06-116-29-11-0040 Tail GrasslNaxiovs Weed 05/23/2023 Closed 06/02/2023 EEN23-0044 526 Main St S 06-116-29-06-0600 Tail GrasslNoxious Weed 05/23/2023 Closed 06/02/2023 EEN23-0045 426 Jefferson St SE 06-116.29-06-0330 Tail GrasslNoxivus Weed 05/23/2023 Closed 06/02/2023 EEN23-0047 1118 Jefferson St SE 07-116-29-02-0190 Tail Grass/Noxious Wee} 05/23/2023 Closed 06/02/2023 EEN23-0048 1371 56uthfork Dr SE 08-116-29-12-0040 Tail Grass/N6kiotls Weed 05/23/2023 Closed 0&0212023 EEN23-0049 1359 Southfork Dr SE 07-116-29-09-0300 Tail GrasslNoxious Weed 05/24/2023 Closed 06/05/2023 EEN23-0050 425 Grant Ave SE 07-116-29-09-0770 'rail GrasslNoxious Weed 05/24/2023 Abated by City 06/15/2023 EEN23-0051 437 Grant Ave SE 07-116.29-09-09I0 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0052 1066 Jorgenson St SE 07-116-29-03-0130 Tail GrasslNoxious Weed 05/2412023 Closed 06/02/2023 EEN23-0053 1065 Jorgenson St SE 07-116-29.03-0080 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0054 570 Adams St SE 06-116-29.10-0020 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0055 446 Adams St SE 06-116-29-07-0670 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0056 425 Adams St SE 06-116-29-07-0600 Tall Grass/Noxious weed 05/24/2023 Removal Notice 06/02/2023 EEN23-0057 415 Adams St SE 06-116-29-07-0610 Tail Grass/Noxious Weed 05/24/2023 Closed W02/2023 EEN23-0058 103 Erie St S£ 06-116-29.02-0410 T-ail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0059 436 Monroe St SE 06-116-29-07-0560 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0060 522 Monroe St SE 06-116-29-07-0780 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0061 523 Monroe St SE 06-116-29-07-0980 Tall GrassfNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0062 536 Erie St SE 06-116.29-07-0920 I"all Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0063 535 Erie St SE 06-116.29-07-1090 Tall Grass/Noxious Weed 05/24112023 Closed 06/02/2023 EEN23-0064 545 Eric St SE 06-116-29-07-1080 Tall GrasslNoxious Weed 05/24/2023 Closed 06M212023 EEN23-0065 433 Erie St SE 06-116-29-07-0390 "fail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0066 310 Huron St SE 06-116-29-07-0260 Tall GrasslNoxious Weed 05/24/2023 Closed 06/05/2023 EEN23-0067 426 Huron St SE 06-116-29-07-0350 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 Hutchinson Properties Qrded To Be Cleared By City L)aleofReport: 1010212023 Enforcement Number Address Parcel Category Date Filed Status hate Closed EEN23-0068 528 Huron St SE 06-116-29-07-1040 Tail Grass/Noxious. Weil 05/24/2023 Closed 06/02/2023 EEN23-0069 550 Hilltop DT NE 32-117-29-14-0552 "Tail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0070 311 Hwy 7 E A 32-117-29-12-0250 Tall Grass/Noxious Weed 05/24/2023 Abated by City 06/12/2023 EEN23-0071 245 Hwy 7 E 31-117-29-09-0430 "Tail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0072 218 5th Ave NE 31-117-29-09-1 I00 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0073 584 Bluff St NE 31-117.29.09-07I❑ 'I -ail Grass/nN�oxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0074 625 Waller Dr NE 31-117-29-09-0143 Tail GrasVNaxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0075 586 Jefferson St SE 06-116-29-11-0I60 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0076 725 Main St N 31-117.29-07-0580 Tail GrasslNoxivns Weed 05/24/2023 Closed 06/02/2023 EEN23-0077 745 Main S1 N 31-117-29-07-0560 Tail Grass/Noxious Wee} 05/24/2023 Closed 06/02/2023 EEN23-0078 34 1Oth Ave NE 31-117-29-02-0520 Tail Grass/N6xiaus Weed 05/24/2023 Closed 0&02r2023 EEN23-0079 999 Main St N 31-117-29-02-0570 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0080 250 5th Ave NW 31-117-29-12-017I Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0081 1150 Carolina Ave NW 36-117.3O.W0450 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0082 501 Shady Ridge Rd NW 36-117-30-12-0I00 Tall GrasslNoxiom Weed 05/2412023 Closed 06/02/2023 EEN23-0083 701 Arizona St NW 36-117-30-06-1030 1-ail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0084 731 Arizona St NW 36-117-30-05-1000 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0085 782 California St NW 36-117-30-06-0260 "fall ClrassfNoxious Weed 05/24/2023 Closed 06102/2023 EEN23-0086 791 California St NW 36-117-30-06-03I0 -fall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0087 761 California St NW 36-117-30-06-0340 Tail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0089 505 California St NW 36-117-30-11-0420 Tail Grass/Noxious Weed 05/24/2023 Closed 06/05/2023 EEN23-0090 903 71h Ave NW 36-117-30-07-I 130 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0091 845 Hwy 7 W 36-117-30-10-0010 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0092 925 Texas Cir NW 36-117-30-10-0190 Tall GrassfNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0093 487 California St NW 36-117-30.11-0350 I -all Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0094 410 Kouwe ST NW 31-117.29.12-0I20 Tall Grass/Noxious Weed 05/2412023 Closed 06/02/2023 EEN23-0095 125 4th Ave NW 31-117-29-11-0280 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0096 430 Water St NW 31-117.29-12-0270 "fall Grass/Noxious Weed 05/24/2023 Abated by City 06M5/2023 EEN23-0097 135 Glen St SW 06-116-29-04-0340 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0099 215 1st Ave NW 31-117-29-14-0160 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 10/02/2023 Enforcement Number Address Parcel Category Date Filed Status hate Closed EEN23-0100 531 Lincoln Ave SW 01-116-30-01-0030 Tail Grass/Noxious. Weed 05/2412023 Closed 06/02/2023 EEN23-0101 530 Lincoln Ave SW 01-116-30-01-0120 Tail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0102 116 Lynn Rd SW 01-116-30-01-0290 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0103 126 Lynn Rd SW 01-116.30-01-0480 Tall Grass/Noxious Weed 05124/202-1 Closed 06/02/2023 EEN23-0104 556 2nd Ave SW 01-116-30-01-0730 Tail Grass/Noxious Weed 05/2412023 Closed 06/08/2023 EEN23-0105 633 2nd Ave SW 01-116-30-01-06I0 "I -ail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0106 350 Wesl Pishney Ln SW 01-116-30-08-0280 Tail GrasslNaxious Wend 05/24/2023 Closed 06/02/2023 EEN23-0107 938 Hayden Ave SW 01-116-30-07-0740 Tall GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0108 746 4th Ave SW 01-116-30.07-0130 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0109 1000 Dale St SW 12-116-30-03-01 I0 Tail Grass/Noxious Wee} 05/24/2023 Closed 06/02/2023 EEN23-0110 614 CLINTON AVE SW 01-116-30-16-0600 Tall Grass/N6kiotls Weed 05/24/2023 Closed 0&02r2023 EEN23-0111 905 CHURCH ST SW 01-116-30-16-0600 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0112 825 Church St SW 01-116-30-16-0440 Tail GrasslNoxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0113 844 Church St SW 01-116-30.1&0790 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0114 835 Lynn Rd SW 06-116-29-13-0490 Tall GrasslNoxiom Weed 05/2412023 Closed 06/08/2023 1;1;N23-0115 567 Lynn Rd SW 06-116-29-12-0400 1-ail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 FFN23-0116 564 Lynn Rd SW 01-116-30-09-0020 Tall Grass/Noxious Weed 05/24/2023 Closed 06/08/2023 IT N23-0117 310 Lynn Rd SW 01-116-30-08-0300 "fall (irass/Noxious Weed 05/24/2023 Closed 0&02/2023 EEN23-0118 736 Franklin St SW 06-116-29-12-0840 "fall Grass/Noxious Weed 051240-023 Closed 06/02/2023 EEN23-0119 890 South Grade Rd SW 12-116-30-172-0080 Tall Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0120 675 Lakewood Or SW 02-116-30-11-0ISO Tail Grass/Noxious Weed 05/24/2023 Closed 06/02/2023 EEN23-0121 935 Thomas Ave SW 01-116-30-07-I060 Tail GrasslNoxious Weed 05/25/2023 Closed 06/02/2023 EEN23-0122 1210 HWY 7 W 36-117-30-13-0230 Tall Grass/Noxious Weed 05/25/2023 Closed W12/2023 EEN23-0123 736 Hassan St SE 06-116-29-11-0780 Tall GrassfNoxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0124 575 Hassan St SE 06-116.29.11-0220 Tall Grass/Noxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0125 135 4th Ave SE 06-116.29-06-0200 Tall Grass/Noxious Weedy 06/0212023 Closed 06/15/2023 EEN23-0126 446 Erie St SE 06-116-29-07-0470 Tall GrasslNoxious Weed 06/02/2023 Closed 06M5/2023 EEN23-0127 605 Main St S 06-116.29-11-0670 "fall [srasslNoxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0128 209 College Ave NE 31-117-29-07-0950 Tall GrasslNoxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0129 665 Hillcrest Rd NE 31-117-29-09-0280 Tail GrasslNoxious Weed 06/02/2023 Closed 06/05/2023 Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 1010212023 Enforcement Number Address Parcel Category Date Filed Status hate Closed EEN23-0130 593 Juergens Rd SW 01-116-30-08-0650 Tail GrasslNoxious Weed 06/02/2023 Closed 06115/2023 EEN23-0131 635 Lakewood Dr SW 02-116-30-11-0190 Tail Grass/Noxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0132 480 Sluff Si NE 31-117-29-09-1050 Tall Grass/Noxious Weed 06/02/2023 Closed 06/15/2023 EEN23-0134 1855 Island Vie�%y Cir SW 10-116-30.08-0750 -tall Grass/Noxious Weed 06/02/202-1 Abated by City 06/20/2023 EEN23-0135 95 5th Avv NW 31-117-29-11-0150 Tail Grass/Noxious. Weed 06/02/2023 Closed 06/15/2023 EEN23-0136 310 Huron St SE 06-116-29.07-0260 I -ail Grass/Noxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0137 990 Echo Dr SE 06-116-29-13-0590 Tail GrasslNaxiovs Wend 06105/2023 Abated by City 08/03/2023 EEN23-0138 676 Madson Ave SW 01-116-30-09-0410 Tail GrasslNoxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0141 736 Maple St NE 31-117.29-07-1260 Tail GrasslNoxious Weed 06/05/2023 Cloud 06/15/2023 EEN23-0142 825 Main St N 31-117-29-07-0440 Tail Grass/Noxious Went 06/05/2023 Closed 06/15/2023 EEN23-0143 1215 Hwy 15 N 30-117-29-15-0060 Tail Grass/N6xious Weed 06/05/2023 Closed 06/14/2023 EEN23-0144 158 Detroit Ave SE 07-116-29-11-1530 Tail GrasslNoxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0145 142 Eau Claire Ave SE 07-116-29-11-18I0 'rail Grass/Noxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0146 150 Eau Claire Ave SE 07-116-29-11-1820 Tall Grass/Noxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0147 158 Eau Claire Ave SE 07-116-29-11-1830 Tail GrasslNoxious Weed 06/05/2023 Closed 06/15/2023 EEN23-0148 675 Hillerest Rd NE 31-117-29.08-0620 T-ail Grass/Noxious Weed 06/05/202-1 Closed 06/27/2023 EEN23-0149 536 Main St S 06-116-29-06-0610 Tall Grass/Noxious Weed 06/08/2023 Closed 06/15/2023 EEN23-0150 420 LYNN RD SW 01-116-30-08-0560 "fall Grass/Noxious Weed 06/08/2023 Closed 06115/2023 EEN23-0151 506 Lynn Rd SW 01-116-30-08-I060 "fall GrasslNoxious Weed 06/09/202-1 Closed 06M5/2023 EEN23-0152 612 Lynn Rd SW 01-116-30-09-0310 Tail Grass/Noxious Weed 06/08/2023 Abated by City 06/20/2023 EEN23-0153 600 Lynn Rd SW 01-116-30.09-0330 Tail Grass/Noxious Weed 06/09/2023 Closed 06/15/2023 EEN23-0154 516 Harmony Ln SW 01-116-30-01-0310 Tall GrasslNoxious Weed 06/08/2023 Abated by City 06/20/2023 EEN23-0155 533 Harmony Ln SW 01-116-30-01-0230 Tall Grass/Noxious Weed 06/08/2023 Closed W15/2023 EEN23-0156 1215 Hwy 15 N 30-117-29-15-0060 Tall GrassfNoxious Weed 06/14/2023 Closed 07/03/2023 EEN23-0157 569 Miller Ave SW 01-116-30.09-0700 I"all Grass/Noxious Weed 06/20/2023 Closed 06/27/2023 EEN23-0158 426 Jefferson St SE 06-116.29.WO330 Tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0159 135 4th Ave SE 06-116-29-06-0200 Tall GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0160 145 5th Ave SE 06-116.29.06-0340 "fail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0161 988 Jefferson St SE 06-116-29-15-0290 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0162 992 Jefferson St SE 06-116-29-15-0300 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 1010212023 Enforcement Number Address Parcel Category Date Filed Status Date Closed EEN23-0163 1058 Jefferson St SE 07-116-29-02-0120 Tail Grass/Noxious Weed 07/03/2023 Closed 07111/2023 EEN23-0164 1371 Southfork Dr SE 08-116.29-12-0040 Tail Grass/Noxious Weed 07/03/2023 Abated by City 07125/2023 EEN23-0165 1359 Southf'orka SE 07-116-29-09-0300 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0166 441 Grant Ave SE 07-116-29.09-0920 -tall Grass/Noxious Weed 07/03/202-1 Closed 07/11/2023 EEN23-0167 425 Grant Ave SE 07-116-29-09-0770 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0168 189 Eau Claire Ave SE 07-116-29.10-0530 I"ail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0169 166 Eau Claire Ave SE 07-116-29-11-1840 Tail GrasslNaxiovs Weed 07/03/2023 Closed 07/11/2023 EEN23-0170 150 Eau Claire Ave SE 07-116-29-11-1820 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0171 126 Eau Claire Ave SE 07-116.29.11-1790 Tail GrasslNoxious Weed 07/03/2023 C]nscd 07/11/2023 EEN23-0172 109 Eau Claire Ave SE 07-116-29-11-I660 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0173 I IS betrbit Ave SE 07-116-29-11-1480 Tail Grass/Nbxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0174 5 Century Ave SE 07-116-29-03-0560 Tail GrasslNoxious Weed 07/03/2023 Abated by City 07/25/2023 EEN23-0175 1106 Bradford St SE 07-116-29-03-0580 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0176 35 Selchow Ave SE 06-116-29-14-0170 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0177 990 Hassan St SE 06-116-29-14-0150 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0179 523 Monroe St SE 06-116-29.07-0980 Tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0179 446 Erie St SE 06-11&29-07-0470 Tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0180 805 Lindy Ln NE 32-117-29-15-0180 tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0181 206 5th Ave NE 31-117-29-09-1130 "rail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0182 205 5th Ave NE 31-117-29-09-0620 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0183 637 Bluff St NE 31-117.29.09-0040 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0184 65 McLeod Ave NE 31-117-29-07-1060 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0185 34 10th Ave NE 31-117-29-02-0520 Tail Grass/Noxious Weed 07/03/2023 Abated by City 07/25/2023 EEN23-0186 725 Elm St NE 31-117-29-07-0940 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0187 T 15 Sth Ave NW 31-117-29.11-0170 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0188 430 Water St NW 31-117.29-12-0270 Tall Grass/Noxious Weed 07/0312023 Closed 07/11/2023 EEN23-0189 195 41h Ave NW 31-117-29-12-0380 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0190 703 Shady Ridge Rd NW 36-117.30.05-0030 "fail Csrass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0191 511 Shady Ridge Rd NW 36-117-30-12-0090 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0192 492 Shady Ridge Rd NW 35-117-30-09-0130 Tail GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 10/02/2023 I:nfore ement Number Address Parcel Category Date Filed Status ]late Closed EEN23-0193 1595 9th Ave SW 02-116-30-14-0560 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0194 1055 DALE ST SW 12-116-30-03-0090 Tail Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0195 945 Church St SW 01-116-30-16-0560 Tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0196 855 Lynn Rd SW 06-116-29.13-0470 -tall Grass/Noxious Weed 07/03/202-1 Closed 07/11/2023 EEN23-0197 705 Lynn Rd SW 06-116-29-12-1140 Tail Grass/Noxious. Weed 07/03/2023 Closed 07/11/2023 EEN23-0198 567 Lynn Rd SW 06-116-29-12-0400 T"allGrass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0200 564 Lynn Rd SW 01-116-30-09-0020 Tall GrasslNaxiovs Weed 07/03/2023 Abated by City 0W25/2023 EEN23-0201 300 Lynn Rd SW 01-116-30-08-0290 Tall GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0202 410 2nd Ave SW 06-116.29-04-0490 Tail GrasslNoxious Wca 07/03/2023 Cloud 07/11/2023 EEN23-0203 720 Dale St SW 01-116-30-10-1170 Tall Grass/Noxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0204 790 Dale St SW 01-116-30-10-1250 Tail Grass/N6xious Weed 07/03/2023 Closed 07/11/2023 EEN23-0205 10 Glen St NW 31-117-29-14-0290 Tall GrasslNoxious Weed 07/03/2023 Closed 07/11/2023 EEN23-0206 437 Grant Ave SE 07-116-29-09-09I0 'tail Grass/Noxious Weed 07/27/2023 Abated by City 09/30/2023 EEN23-0207 1245 Sherwood St SE 07-116-29-07-0580 Tall Grass/Noxious Weed 07/27/2023 Closed 08/03/2023 EEN23-0208 190 Eau Claire Ave SE 07-116-29-10-0540 Tall GrasslNoxious Weed 07/27/2023 Closed 08/15/2023 EEN23-0209 990 Echo Dr SE 06-116-29-13-0590 Tall Grass/Noxious Weed 07127/202-1 Abated by City 08/30/2023 EEN23-0210 246 Gauger St NE 31-117-29-16-0030 Tall Grass/Noxious Weed 07/27/2023 Closed 08/03/2023 EEN23-0211 5091uul Rd SW 01-1 16-30-08-1080 -fail Grass/Noxious Weed 07/31/202-1 Closed 08/18/2023 EEN23-0212 580 Miller Ave SW 01-1 16-30.09-085❑ Tall Grass/Noxious Weed 08/0I1202-1 Closed 08/18/2023 EEN23-0213 6201:0erson St SE 06-116-29-11-0400 Tall Grass/Noxious Weed 08/03/2023 Closed 08/16/2023 EEN23-0214 650 3F.FFERSON ST SE 06-116-29.11-0430 Tail Grass/Noxious Weed 08/01/2023 Closed 08/18/2023 EEN23-0215 125 Oakland Ave SE 06-116-29-11-0490 Tall Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0216 35 Century Ave SE 07-116-29-03-0510 Tall Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0217 425 Grant Ave SE 07-116-29-09-0770 Tall GrasslNoxious Weed 08/03/2023 Abated by City 08/30/2023 EEN23-0218 235 Monroe St SE 06-116.29-02-0520 T-all Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0219 415 Adams St SE 06-116.29-07-06I0 Tall Grass/Noxious Weed 08/03/2023 Abated by City 08/25/2023 EEN23-0220 335 Adams St SE 06-116-29-07-0120 Tall GrasslNoxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0221 550 Hilltop Dr. NE 32-117.29-14-0552 "fail Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0222 H2 Garden Rd NE 32-117-29-14-0450 Tall Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0223 206 5th Ave NE 31-117-29-09-1130 Tall GrasslNoxious Weed 08/03/2023 Closed 08/18/2023 Hutchinson Properties Qrded To Be Cleared By City Dale of Report: 1010212023 Enforcement Number Address Parcel Category Date Filed Status Date Closed EEN23-0224 56 McLeod Ave NE 31-117-29-10-0430 Tail Grass/Noxious Wced 08/03Y2O23 Closed 08/18/2023 EEN23-0225 55 1Oth Ave NE 31-117.29-02-0950 Tail GrasslNoxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0226 34 loth Ave NE 31-117-29-02-0520 Tail Grass/Noxious Weed 08/03/2023 Abated by City 08/25/2023 EEN23-0227 45 5th Ave NW 31-117.29.11-0131 Tall GraWNoxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0228 105 5th Ave NW 31-117-29-11-0160 Tall Grass/Noxious Weed 08/03/2023 Closed 09/18/2023 EEN23-0229 478 Shady Ridge Rd NW 35-117-30.09-0110 I -ail Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0230 1160 Carolina Ave NW 36-117-30-06-0440 Tall GrasslNoxious Wend 08/03/2023 Closed 0811812023 EEN23-0231 731 Arizona St NW 36-117-30-06-1000 Tall GrasslNoxious Weed 08/03/2023 Closed 09/18/2023 EEN23-0232 51 4th Avc NW 31-117.29.11-0490 Tail GrasslNoxions Weed 08/03/2023 Closed 08/15/2023 EEN23-0233 45 4th Ave NW 31-117-29-11-0500 Tall Grass/Noxious Wecd 08/03/2023 Closed 08/15/2023 EEN23-0234 716 Main St S 06-116-29-11-1040 Tail Grasslhl6xiaus Weed 08/03/2023 Closed 08/18/2023 EEN23-0235 830 Lynn Rd SW 01-116-30-16-0060 Tail GrasslNoxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0236 701 4th Ave SW 01-116-30-08-0400 Tail Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0237 706 4th Ave SW 01-116-30.07-0170 Tall Grass/Noxious Weed 08/03/2023 Closed 08/18/2023 EEN23-0238 104 Lynn Rd SW 01-116-30-01-0300 Tall GrasslNoxious Weed 08/03/2023 Closed 08/18/2023 I:I:N23-0239 595 Franklin St SW 06-116-29.11-0070 Tail Grass/Noxious Weed 08/03/202-1 Closed 08/18/2023 l:1:N23-0240 736 Ivy Lu SE 06-116-29•11-0830 Tail Grass/Noxious Weed 08/21/2023 Closed 08/30/2023 I:I:N23-0241 338 4th Ave SW 06-116-29-05-0350 fall Grass/Noxious Weed 08/21/202-1 Closed 08/30/2023 Total Records: 198 Enlareement.DateFiled Between 5/22/2023 12:00.00 AM AND 1 K/2023 11:59:59 PM AND En foreement_Category = Tall Grass/Noxious Weeds Population: All Records Status Descriptions Abated by City — Ordered by City to be cleared using Contractor Closed = Removed by Owner FBI HUTCHINSON CITY COUNCIL HUTCHINSON Request for Board Action A CITY ON PURPOSE. Closed Session According to Minnesota Statute 13D_05, subdivision 3(c) Agenda Item: Department; Administration LICENSE SECTION Meeting Date: 10/10/2023 Application Complete NIA Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff �f New Business Time Requested (Minutes): 10 License Contingency NIA Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: City staff will be asking the City Council to consider going into a closed session according to Minnesota Statue 13D.05, Subd. 3(c), to develop or consider offers or counteroffers for the sale of properties at 44 Washington Avenue West (E0C Building), 10 Fran kling Street SW (Police Station), 28 Franklin Street SW (Police Parking Lot), and 127 1 st Avenue SW (Police Garage). Back in the July the City Council authorized an RFP on these properties with the deadline being that of September 29. Staff will be discussing the responses received through the RFP process and will be seeking direction from the Council on how to respond to those Proposals. BOARD ACTION REQUESTED: No action at this time. Going into a closed session to consider offers or counteroffers for the sale of properties at 44 Washington Avenue West, 10 Franklin Street SW, 28 Franklin Street SW, and 127 1st Avenue SW Fiscal Impact: Funding Source: FTE Impact: Budget Change: N❑ 0 Included in current budget: No PROJECT SECTION: Total Project Cost, Total City Cost: Funding Source: NIA Remaining Cost: $ D.00 Funding Source: NIA