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cp02-22-2011 cNo Workshop Scheduled for February 22, 1011 City Council /Hutchinson Utilities Commission Joint Meeting - February 23, 2011 - 4:00 p. m. - City Center AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY 22, 2011 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Shalom Baptist Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF FEBRUARY 8, 2011 Action — Motion to approve as presented 6. CONSENT AGENDA (Purpose.' onlyfor items requiringCouncilapproval by external entities that would otherwise ave een a egate to t e City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13851 — RESOLUTION RELATING TO PARKING RESTRICTIONS ON SCHOOL ROAD NW 2. RESOLUTION NO. 13852 - RESOLUTION TO TRADE IN EXISTING STREETSWEEPER AND LEASE TO PURCHASE NEW ONE 3. RESOLUTION NO. 13853 -RESOLUTION ESTABLISHING EMERALD ASH BORER FUND (b) CONSIDERATION FOR APPROVAL OF SHORT -TERM GAMBLING LICENSES: - ST. ANASTASIA CATHOLIC CHURCH ON FEBRUARY 25, 2011, AT MCLEOD COUNTY FAIRGROUNDS - HUTCHINSON ROTARY FOUNDATION ON APRIL 29, 2011, AT CROW RIVER GOLF CLUB - ADULT TRAINING AND HABILITATION CENTER ON JUNE 17, 2011, AT CROW RIVER GOLF CLUB (c) CONSIDERATION FOR APPROVAL OF SUMMARY ORDINANCE FOR PUBLICATION OF ORDINANCE NO. 10 -0557 (SHORELAND MANAGEMENT— CHAPTER 152) AND ORDINANCE NO. 10 -0661 (ZONING— CHAPTER 154) (d) CONSIDERATION FOR APPROVAL OF OUT -OF -STATE TRAVEL FOR KEITH MESSNER TO MADISON, WISCONSIN (e) CONSIDERATION FOR APPROVAL OF ESTABLISHING COMPREHENSIVE PLAN STEERING COMMITTEE CITY COUNCIL AGENDA —FEBRUARY 22,2011 (I) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION OF ITEMS FOR INDUSTRIAL BOULEVARD SE RECONSTRUCTION AND ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT PROJECTS (LETTING NO. 2, PROJECT NO. 11 -02 & 11 -03) — ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Action — Motion to reject — Motion to approve (b) CONSIDERATION OF ITEMS FOR TRUNK HWY 15 WATER MAIN LINING PROJECT (LETTING NO. 6, PROJECT NO. 11 -09) — ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS Action — Motion to reject — Motion to approve COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra t wise po icy. A ways oo ing toward t e ture, not monitoring past) 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) PRESENTATION BY LAUMEYER & ASSOCIATES ON COMPENSATION PLAN REPORT AND CONSIDERATION FOR APPROVAL OF ACCEPTING REPORT Action — Motion to reject — Motion to approve (b) CONSIDERATION FOR APPROVAL OF 2011 FARMERS' MARKET LOCATION Action — Motion to reject — Motion to approve (c) CONSIDERATION FOR APPROVAL OF RESCINDING POLICE DEPARTMENT FITNESS PROGRAM — REIMBURSEMENT PROGRAM Action — Motion to reject — Motion to approve (d) CONSIDERATION FOR APPROVAL OF MINNESOTA DEPARTMENT OF NATURAL RESOURCES GRANT FOR CITY FORESTRY IMPROVEMENTS Action — Motion to reject — Motion to approve (e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR MARCH 22, 2011, AT 4:00 P.M. TO REVIEW BASIC AND LONG TERM ENDS Action — Motion to reject — Motion to approve 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and ounci and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) PARKS, RECREATION, COMMUNITY EDUCATION ADVISORY BOARD MINUTES FROM JANUARY 3, 2011 EA CITY COUNCIL AGENDA —FEBRUARY 22, 2011 (b) HUTCHINSON AREA JOINT PLANNING BOARD MINUTES FROM OCTOBER 20, 2010 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JANUARY 2011 No action required for these items. 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, FEBRUARY S, 2011 1. CALL TO ORDER — 5.30 P.M. mayor Stev e oo ca e t e meeting to order. Members present were Mary Christensen, Eric Yost, Bill Arndt and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer. 2. INVOCATION — Rev. John Pasche, Peace Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JANUARY 25, 2011 Motion by Czmowski, second by Yost, to approve minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise ave een a egate tot a City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13846— A RESOLUTION FOR APPROVAL OF PARKLAND EXCHANGE (b) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HUTCHINSON JAYCEES ON APRIL 30, 2011, AT HUTCHINSON CIVIC ARENA (c) CONSIDERATION FOR APPROVAL OF SETTING BOARD OF EQUALIZATION MEETING FOR APRIL 20, 2011, AT 4:30 P.M. AT THE HUTCHINSON CITY CENTER (d) CONSIDERATION FOR APPROVAL OF ISSUING TOBACCO LICENSE TO KARIM MISHAL LOCATED AT 725 BALTIMORE AVENUE (e) SUMMARY OF CLOSED MEETING PROCEEDINGS FOR THE CITY ADMINISTRATOR PERFORMANCE APPRAISAL SESSION HELD ON JANUARY 25, 2011 (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Motion by Czmowski, second by Christensen, to approve consent agenda. Motion carried unanimously. 7. PUBLIC HEARINGS — 6:00 P.M. - NONE (Purpose: to provide Council with information not monitoring past) 9. UNFINISHED BUSINESS 10. NEW BUSINESS (a) DISCUSSION OF DEVELOPING A PLAN FOR A SEASONAL FORESTRY PROGRAM t) 1O--) CITY COUNCIL MINUTES— FEBRUARYS, 2011 Mayor Cook noted this item is a follow -up to the presentation given at the last meeting in regard to the forestry maintenance program. Mayor Cook noted that perhaps a more formal seasonal forestry program should be put together, which could include the energy conservation program that the Hutchinson Utilities Commission administers. Mayor Cook expressed that staff should be proactive in planning for future development. John Olson, Public Works Manager, presented before the Council. Mr. Olson noted that the City Code speaks to infected trees and how the city is to work with developers and new developments. Mr. Olson noted that staff is in a position to enforce both sections of the city code. He further noted that at the next Council meeting staff will be presenting a grant awarded to the City for a forestry program which will cover the needs for 2011. Mr. Olson expressed that what needs to be discussed is a forestry program in 2012 and beyond. It was also noted that subdivision agreements typically cover tree requirements in new developments. Council Member Arndt asked if volunteers could be used for tree plantings. Mr. Olson commented that volunteers have been utilized and can continue to be utilized in the future in a limited capacity. (b) DISCUSSION OF DEVELOPING A PLAN FOR COMMERCIAL AND INDUSTRIAL FIRE INSPECTIONS Mayor Cook mentioned that with some staff reductions, it has been discussed that commercial and industrial fire inspections could potentially not occur any longer. Mayor Cook expressed that he feels this program should continue in some capacity, whether its on a rotating basis or in another fashion. Council Member Czmowski noted that Fire Chief Emans should provide feedback on the program. City Administrator Carter noted that he did speak with Chief Emans regarding this and Chief Emans does feel it is an important program, however may not be able to be completed in 2011. He feels comfortable with the status of current commercial and industrial pproperties, but that rental properties need to be the focus for 2011. If the Council wishes, discussion should be m to be held for commercial and industrial inspections in 2012 and beyond. The consensus of the Council was to begin discussions regarding instituting a plan for commercial and industrial inspections beginning in 2012. (c) DISCUSSION OF ESTABLISHING A FORMAL EMERALD ASH BORER FUND Mayor Cook noted that the Council has discussed previously having funds for an emerald ash borer outbreak. At one of the last discussions, the Council suggested using the $2.00 recycling credit that is no longer given to residents and using that towards a fund. City Administrator Carter noted that he could draft a Resolution earmarking a certain dollar amount for this specific fund. The Council felt that $50,000 would be a good starting point and the money could come from the refuse fund which is where the recycling credit funds are sitting. (d) CONSIDERATION FOR APPROVAL OF SETTING JOINT MEETING WITH HUTCHINSON UTILITIES COMMISSION ON FEBRUARY 23, 2011, AT 4:00 P.M. Motion by Arndt, second by Czmowski, to set joint meeting with Hutchinson Utilities Commission for February 23, 2011, at 4:00 p.m. at the City Center. Motion carried unanimously. 11. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) HUTCHINSON ECONOMIC DEVELOPMENT AUTHORITY 2010 ANNUAL REPORT PRESENTATION — MILES SEPPELT, EDA DIRECTOR The hardbound copy of the report is on file in the City Administrator's office. General discussion was held regarding occupancy of vacant properties throughout the city. Mayor Cook 5 LO-) CITY COUNCIL MINUTES — FEBRUARY 8, 2011 commented on what a good year 2010 was for the EDA. (b) FIRE DEPARTMENT MONTHLY REPORT FOR JANUARY 2011 (c) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM NOVEMBER 22, 2010 (d) SIDEWALK SNOW REMOVAL MONTHLY REPORT FOR JANUARY 2011 No action required for these items. 12. MISCELLANEOUS Bill Arndt — Council Member Arndt commented that he and Council Member Christensen, who are both members of Historic Hutchinson, toured the recently renovated Henry J. Hill Elementary School in Glencoe. Council Member Arndt commented on a plaque that the City of Glencoe has displayed which lists previous mayors, council members and city administrators. He suggested that the City of Hutchinson research having such an item made. Eric Yost — Council Member Yost commented that he received a call from a resident who has issues over the snow emergency ordinance. The resident feels that the ordinance singles out a minority and has concerns that there are no alternative places to park during a snow emergency. Kent Exner — Mr. Exner noted that Mn/DOT is turning back the pond on Hwy 7 near Subway. This was approved by the Council in 2006 as part of the project cooperative agreement. Council Member Arndt asked about off - street parking at Kiwanis Park on 50s Avenue North. Mr. Exner commented that design work is being completed as part of an improvement project scheduled for 2012. Mayor Cook — Mayor Cook noted that the local sales tax bill is progressing at the legislature 13. ADJOURN Motion by Arndt, second by Czmowski, to adjourn at 6:35 p.m. Motion carried unanimously. 't�) RESOLUTION NO. 13851 RESOLUTION RELATING TO PARKING RESTRICTIONS S.P. 133- 117 -013 FROM STATION 1 +25.75 TO STATION 42 +50 (SCHOOL ROAD NW) IN THE CITY OF HUTCHINSON MINNESOTA WHEREAS, this resolution was passed this 22nd day of February, 2011 by the City of Hutchinson in McLeod County, Minnesota. The Municipal Corporation shall hereinafter be called the "City'. WITNESSETH: WHEREAS, the "City', has planned the improvement of School Road NW, State Aid Route No. 117 from TH 7/22 to Golf Course Road NW in the City of Hutchinson, Minnesota; and WHEREAS, the "City' will be expending Municipal State Aid Funds on the improvements of this street; and WHEREAS, this improvement does not provide adequate width for parking on both sides of the street; and approval of the proposed construction as a Municipal State Aid Street project must therefore be conditioned upon certain parking restrictions. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT, the "City" shall ban the parking of motor vehicles on the west /north side of School Road NW at all times. Adopted by the Hutchinson City Council this 22nd day of February, 2011. Steven W. Cook, Mayor Jeremy J. Carter, City Administrator Ll—) RESOLUTION NO. 13852 CITY OF HUTCHINSON RESOLUTION FOR LEASE TO PURCHASE The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR (1) 2011 $35,300 This more flexible Stormwater 2012- Challenger Manufacturing Challenger street sweeper will 2015 Sweeper Annual replace the existing payment street sweeper that will Trade in be traded in. will cover lease payment for 2011 5 year lease The following items were authorized due to an emergency need: ITEM I COST I PURPOSE I DEPT. I BUDGET i VENDOR Date Approved: February 18, 2011 Motion Made By: Seconded By: Resolution submitted for Council action Jeremy Carter by: City Administrator GW;i,— C February 4, 2011 To: Jeremy Carter, City Administrator From: John Olson, Public Works Manager CC: Kent Exner, City Engineer Subject: Street Sweeping Operations City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 I recommend eliminating the current Elgin Pelican sweeper and replacing it with a Challenger street sweeper by using a lease purchase for a five -year period. The cost of the machine is $151,250 + tax, with lease payments expected to be approximately $35,300 per year. The trade - in value of the Elgin Pelican ($42,000) would cover the first year's payment and almost 20% of the second year's payment, with full payments due in 2013 -2015. Budget circumstances did not allow for replacement of Duane Dascher's position when he retired in 2009 or Aaron Basset's when he was laid off in 2010. The vacancies have affected the ability to perform routine street sweeping operations. Staff has discussed street sweeping operations at length. The goal remains to meet standards in City policy and the NPDES permit. To maintain water quality, traffic safety and a reasonable standard of community cleanliness, street sweeping is critical. Maintaining these standards will be challenging without a full -time professional dedicated to the operation, as it was in the past. Staff reviewed options for street sweeping operations. Based on discussions, a seasonal or temporary operator (approx. 40 hours/week between mid -April and mid - October) was included in the 2011 budget. We anticipate using existing staff for spring cleanup work, but they are not available for routine sweeping activities. In 2010, the City implemented leaf removal services. We found what worked best was to have one leaf vacuum pick up the bulk of leaves, a second leaf vacuum pick up windrows left by the first vacuum, and follow them up with the Vac -All Sweeper. The Vac -All was also utilized before and after the advertised leaf removal season to pick up additional leaves, as necessary. There was continued need for a mechanical sweeper, even during the fall, to clean up after high wind events. By using this system, staff collected 53 1. 10 tons of leaves in 231 loads for the full season. The two leaf vacuums dumped 136 loads, and the Vac -All dumped 95 loads. Attached are descriptions of historical street sweeping operations and analyses of three options discussed. ('0L\0)"— Description of Current Street Sweeping Practices In June 2009, Duane Dascher retired after more than 35 years of service to the City of Hutchinson. Most of Duane's career was spent street sweeping and in snow removal operations. In fact, Duane used six different street sweepers and five wheel loaders over the course of his career. Staff recognized it would be difficult to routinely staff sweeping operations in the future, considering the loss of two operators in 2009. The plan for 2010 was to use Aaron Rasset as the primary street sweeper operator, but Aaron was unable to work most of 2010 because of an injury. Aaron's position was eliminated in 2010. The most common sweeping process in the past was to have an equipment operator stage a truck in a given area, so that area could be swept and the sweeper could dump into the truck. Depending upon the amount of material swept, the sweeper operator would haul two or three truckloads of material daily to the landfill or back to a designated dump site for future disposal. At the end of the day, the operator would bring the sweeper back to HATS and perform daily maintenance. Another operator would be dropped off to return the truck back to the HATS Facility and prepare it to be staged the next day. This method requires three personnel (two for a short time at the beginning and end of the day). Staff reviewed some of the advantages and disadvantages of three separate options: Option 1— Use existing Elgin Pelican Advantages Disadvantages High quality sweeper Small hopper capacity 3.6 CY Mechanic is well trained in maintenance Requires dump truck Commonly used sweeper in industry Requires continual adjustments, significant daily maintenance /cleaning and operator engagement to maintain effectiveness 3 -wheel design results in a very maneuverable Loss of approximately 1.5 to 2.0 hours of time daily sweeping platform for transport, return of equipment. Travel speed of approx. 15 mph. Loads of material hauled directly to landfill each Loss of sweeping time to transport material to day, when a dump truck is available. landfill daily. Fuel efficient Not comfortable for operator. Lighting is well designed to facilitate nighttime Most scheduled maintenance activities require at operations least two people Poor visibility to the side and rear of the machine. Rear-view cameras help some, but still many blind spots. If the Pelican were to remain the primary sweeping unit, we would struggle to find a way to stage a dump truck for the operator. The complexity of operating and maintaining the machine was also a significant concern, considering the use of seasonal/temporary staff. Option 2 — Large mechanical sweeper on heavy truck chassis (over 33,000 GV WR). Advantages Disadvantages Larger hopper capacity than Pelican (standard of between 4.5 and 6 CY ). Requires use of a CDL driver. Limits potential operators based on drivers licenses. Able to travel at posted speed limits. Lost time for more trips required to landfill, compared to dumping into a staged truck. Material does not need to be stockpiled to be hauled to landfill later Large chassis /long wheelbase results in less maneuverable platform. Comfortable operator station Very fuel inefficient Switchboard and operator's controls readily available, including emergency shut -down Uses large volumes of water in operations operated by seasonal/temporary staff. Screen wash feature does not work well While these sweepers generally have a higher hopper capacity (between 4.5 and 6 CY), they require an operator to have a CDL. The speed of the truck would be beneficial but would result in several trips to the landfill on any given day, which could result in sweeper downtime. Limited maneuverability would likely result in less sweeping productivity. Option 3 — Mechanical sweeper mounted on a medium truck chassis (under 26,000 GV WR) Advantages Disadvantages Hopper capacity equivalent to Elgin Pelican. Dumping would be more often than a large Sweeping width slightly wider than Elgin. truck. Fuel efficient, yet able to travel at posted speed Left hand drive (although well compensated limits with mirrors and cameras Does not required a CDL to operate. Could be Relatively few sweepers of this type currently operated by seasonal/temporary staff. in fleet. Parts/service, however, are designed Comfortable cab and simple to operate to be universal and a specialty shop is available in St. Paul. Short wheelbase offers maneuverability similar Requires contract for hauling material to to Elgin Pelican landfill. Simple design allows for ease in maintenance. Cameras covering vulnerable locations may fog Features include one -button `return -to- sweep' up or be covered with debris, thereby reducing and `all up' safety and visibility. Able to load into a tandem -axle dump truck. Switchboard and operator's controls are less accessible because of the small cab. No belt with bottom roller to keep clean and centered. Uses a paddle -type conveyor to load debris. The Challenger mechanical -type sweeper is available on a medium truck chassis through the State Contract. This sweeper is simple enough to be used by a dedicated seasonal/temporary employee. The operator would generally dump material at designated sites. Once there was enough debris, a contractor (or City staff, if available) would haul material to the landfill. This option also allows for the potential of other Public Works operators to be trained in use of the machine so they could respond in a timely manner to specific sweeping requests. Staff recommends this option. l,7 L_j a- or& r v CHALLENGER STREETS WEEPERS JD.)) The Challenger is a mid -size, mechanical, dual engine sweeper built for the toughest sweeping conditions. Its sweeping module is installed on 19,500 Ibs GVWR cab over chassis. As a result, the Challenger has Mobil -like sweeping quality, productivity, and reliability. It has the manoeuvrability of a three wheel sweeper. It also features the highest operator comfort and visibility. All this for a very competitive initial cost. vlj�_ J • CHASSIS SPECIFICATIONS GMC 5500 HO Isuzu 5.19 L diesel engine Wheelbase Turning radius Transmission 19,500 Ih GVWR 190 HP 4 2600 RPM 109" We 16'9' fuming radius 4 speed automatic wloii CooMx 19,500 lb GVWR 200HP ® 2700 RPM 113' We 16' 7' firming radius 5 speed automatic wloil cooler OVERALL SPECIFICATIONS GENERAL SPECIFICATION FORD LCF/WTERNATYON4LCF6W 100' standard, 120" maximum Power Stroke 4.51. diesel engine 93' Wheelbase 235" Turning radius X51 Transmission 35'x 58' Lift control Hydraulic in cab Drive 19,500 Ih GVWR 190 HP 4 2600 RPM 109" We 16'9' fuming radius 4 speed automatic wloii CooMx 19,500 lb GVWR 200HP ® 2700 RPM 113' We 16' 7' firming radius 5 speed automatic wloil cooler OVERALL SPECIFICATIONS GENERAL SPECIFICATION Sweeping path 100' standard, 120" maximum Overall height 93' Overall length 235" MAIN BROOM Mounting Diameter x Length 35'x 58' Lift control Hydraulic in cab Drive Hydraulic mater /direct drive Digging pressure Chains with springs Mounting Trailing armslside support Speed control Variable, hydraulically adjusted SIDE BROOMS John Deere 4024T Diameter 36* or 42" Type 45 segment nylon disposable Drive Hydraulic moto0direct drive Mounting Free floating/sideways oscillation Digging pressure Hydraulic, in -cab adjustment TB control Electric both sides in -cap Speed control Variable, hydraulically adjusted CONVEYOR John Deere 4024T Type Squeegee with 7rubber flights Width x length 58.5' x 89" Material Steel chains on urethane sprockets Drive Hydrau0c motor /direct drive Speed control Variable, hydraulically adjusted Flexibility 5" owillabon for large objects Liner Bolt-In 2 piece AR steel plates Stall indicator Buzzer and hgnlincab DEBRIS HOPPER John Deere 4024T Capacity velumetnc 415 cubic yards Matenal volume 3.2 cubic yards Lift capacity 9,40014& Dump angle 50 degree Lifting method Scissor with single hydr. cylinder Max. dump height 108" Len side dumping standard FUEL TANK Capacity 30 gallon (I 13.6 0 AUXILIARY ENGINE SWEEPER Make John Deere 4024T Type in -brie 4 cylinder Displacement 244 L (149 Cubic inches) Horsepower 66 HP ® 21100 RPM Torque 162 lb -ft 01680 RPM Air filter Dual dry type, heavy duty with pre - dearer Glow plug Cold weather start Murphy shut down system HYDRAULIC SYSTEM Pump Variable displacement piston type Capacity 32GPM 0 3,000 PSI (56 HP) Tank 44 gal Return filter 10 micron Cooler Externally mounted, slectdc fan Controls In -cab, electric w1manual override Filtration 10 microns Low hydraulic level shut down WATER SYSTEM Capacity 210 gal (SOD I) Tank construction Polyed)ylane, removable Pump Electric diaphragm, 36PM Spray nozzles 3 per each broom Filter Noncorrosive. 100 mesh Fill hose 20' wth NST coupler /anti - Siphon ELECTRICAL SYSTEM Altemata 50 Amp Lights Working ligm per each broom Back up alarm Auto pick up in reverse Challenger Manuiacturing Ltd. 103 Paramount Rd. Winnipeg, MB, R2X 2W6 tel.: (204) 697 -2227 www.challengermfg.net RESOLUTION NO. 13853 A RESOLUTION AUTHORIZING ESTABLISHMENT OF AN EMERALD ASH BORER FUND IN THE CITY OF HUTCHINSON Whereas, The City of Hutchinson is establishing an Emerald Ash Borer fund to start earmarking funds in anticipation of a city -wide infestation, and: Whereas, This funding source will allow, at least in part, for a large scale removal, treatment and replacement program to restore the tree canopy in the City of Hutchinson back to an appropriate level as it was before the infestation, NOW THEREFORE BE IT RESOLVED: (1) That $55,000 annually from the City's Refuse fund shall be transferred to the General Fund for the purpose of creating a funding mechanism for the future replacement, treatment, and removal of infected trees. (2) That a future Emerald Ash Borer intemal spending policy will be put in place to identify the specific activities and expenses eligible for use of these funds. All expenditures will be documented and tracked for policy compliance. Adopted by the City Council this 22nd day of February, 2011. ATTEST: Steven W. Cook, Mayor Jeremy J. Carter, City administrator `P a�3 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -515 I/Fax:(320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type GC-, -gz.n . Short Term Date(s) d 0x-9-5--11 Fee: $30.00 1 Month/Day/Year - Month/Day/Year Organization Information' True Name Phone Number Name Phone Number zl&d 44g r- S1 SA) �rcNIN�N /✓1 4,/ ss 5- Address where regular meeting are held City State Zip nn Day and time of meetings? 6 >7 aga &/ tl /i jlt A/rt/ — 760i'm Is this organization organized under the laws of the State of Minnesota? Jdyes ❑ no How long has the organization been in existence? /,;1 � How may members in the organization? :� .yd What is the purpose of the organization?! City State In whose custody will organization records be kept? been convicted of any crime other than a traffic offense? Oyes Xno �zl 7'/ -ltr� Sao -s-g�_ �so7 Name Phone Number q&0 Z-A -fek sf s QI /lurch` / 0i1/ /;14/ 6- 6 --As -d Address Ci State zip Ref/ GC-, -gz.n �. IN- -lZ - �7- las-o7 True Name Phone Number 3 -W IVYro NgaN '`I S'SSSd Residence Address City State zip Date of Birth: U a- 10'7 / 41-? Place of Birth: /UE W t 7 .l Z-M M/// Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? Oyes Xno If yes, explain: b(( ) City of Hutchinson Applicationfor Bingo Gambling Devices License Page 1 of 3 Lc� z t Tt4U L True Name Phone Number GRAYYAl l 3-j N -00A/ I&I ss'3S V Residence Address City State Zip -3 Date of Birth: l/ / / / 6 -"- Place of Birth: 2f. )04-UL MontWday /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes I6o If yes, explain: How long have you been a member of the organization ? / a Game Information r Location #1 A�LSD Lid. A,4i�e4&krrL AS S L A A I} s r'9 s hl 0 4- rlt64-yc �y ie ev- losd7 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through U. — �S = —// $bD AM Hours of the day gambling devices will be used: From / / '00 pm To 7,'051 i?NIT Maximum number of player: 7 Will prizes be paid in money or merchandise? ❑ money .merchandise Will refreshments be served during the time the gambling devices will be used? yes ❑ no If yes, will a charge be made for such refreshments? es ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no GF 'e 4Z-D rail Name Title Residence Address City State N."T Residence Address Title City State SSA Sd Zip zip �� City of Hulchinson Applicallon for Bingo Gambling Devices License Page 3 of 3 Name Residence Address State Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Residence Address City State Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager �es ❑ no L pt Authorized Officer yes ❑ no Initial 1. Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Ized officer of organization Date 2 - /0 -I/ manager of organization Date City Council ❑ approved ❑ denied Notes: 1,9�� dd 11 I Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5 15 IN= (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered i} (Fee: ON U F,; -7/ 3 Short Term Date(s) Z $30.00 Month/D /Year -Mo th/ /Year Organ m ", A/ 7Z trNSo.J 12.o -rAA 32o- sY7 - ,r1s0 Name Phone Number 380 Sci,00l Mnl Srrs -o Address where regular meeting are City State Zip 1held Day and time of meetings? ue,tlAesae- 43 - /✓oo r Is this organization organized under the laws of the State of Minnesota? A yes ❑ no How long has the organization been in existence? 26 6 j How may members in the organization? l— What is the purpose of the organization? Ra`t Se a� d �cTPl bv>�° L-xh 1 or - C haft%a6le In whose custody will organization records be kept? And O.A Vcatt�wt F7vr�S . JaN &ASBh 3Z0 - Sir ? —Jp/Jb Name Phone Number 13 / s. /3'7A.T J ST, m/t c ly rAyd,+ /'Y d 55 33`0 Address Ci State zip True fZo -7 4 t/— 2 o o a Phone Number /a7o llPriltwe Ave4oe- &1-Kh7•JsaJ 9-31b Residence Address City State Zip Date of Birth: / / S� Place of Birth: !' (Da e �A MontWday /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes P(no If yes, explain: C�) City ofHurchtmon Application for Bingo Gambling Devices License Page 2 of 3 I)esi' Gamblih i d'undartifrn+aesotk8 319 , ' a� :• =.;. .u� u� xi C0.r��. IZeinotiS�� ScP7— T 757 True Name Phone Number 166 11 7'H,4ve a /-I d Residence Address City State Zip Date of Birth: 17- / /0/ S q Place of Birth: 1;� U -4f;l N.P Month/day /year I city State Have you ever been convicted of any crime other than a traffic offense? O yes U no If yes, explain: How long have you been a member of the organization? Since aooI Location #1 6rov41 IZwer �2, /4 uc,� S-o7 -3070 Name of location where game will be played Phone Number q/S orGAo S7-MJ 1/(l krJSoJ MiJ s73,S-t, Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: 2 through 2 J` AM AM Hours of the day gambling devices will be used: From Maximum number of player: 3.So Will prizes be paid in money or merchandise? Wmoney ,U merchandise Will refreshments be served during the time the gambling devices will be used? U yes ❑ no If yes, will a chaz a be made for such refreshments? yes ❑ no Vi111lQ ss , t. ?° �� .� ..z :. .,.,. ., ... Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From PM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ es ❑ no Name I Title r I O l- Krf'r4G ( /¢✓e�l(K. �SoJ Pt n1 SS3S-O Residenc�eAddress City p State zip Abel K.r�1_ te - preS+I %wf- Name Title `b 3 IL 0 Wt S l J WzAua 'ti a 5533 Residence Address City State zip City of Hutchinson Application for Bingo Gambling Devices Dame Page 3 of 3 Name Title 473LfP 6sto4 3�s DAQWZA i_ ss32 Residence Address City State Zip t .' :iiR 0 - C�SJ.. ' itt g'r ,'YT? ayi Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address city State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes apter 349)? Gambling Manager V yes ❑ no Authorized Officer A yes ❑ no gtd= Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, l have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. Signature ofgambling manager City Council ❑ approved ❑ denied Notes: �Z Date 0? 6/ Date III Hassan Street Southeast Hutchinson, MN 55350 (320) 567- 5151/Fax: (320) 234 -4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type �i Short Term Date(s) - Q6 ? Fee: $30.00 Mo hID /Year - Mon?h1Dqy1Year Organization Information- AdQU Trainivla m cl fiabilJo.{-itwt Can%v 320.St).SoS2 Name 1 Phone Number G �a 7�p 0.�1roYNt0. S�. NTC �VIS+ Mto 4'sssa Address where regular meeting are held City State Zip Day and time of meetings? 3 -�C {1410✓` a J F vv�oN�i. y '• 30 P Is this organization organized under the laws of the State of Minnesota? 4 yes ❑ no How long has the organization been in existence? iq W How may members in the organization? IVLA What is the purpose of the organization? V0(c.A iov'ot l •{-YOLK h �vtq Ovt� i� ULO,�i tn. In whose custody will organization records be kept? Sasav, T<kgv.d<.,r gS2.Zy0 SS(aa Name Phone Number 21SS9 Cv iz�� W),%S+.cd Mtir SS3eiS Address city State zip -t v I G q5 2. 2401 SS4 0 Phone Number 2- 1 s5- 9 co , 'a d. 'i W;r,sF -cJ M N SS3as- Residence Address City State Zip Date of Birth: o I / Zg / i q'1l PlaceofBirth: EXLC- Li-cy- �" N Month/day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes C*QAo If yes, explain: / ('06) City of Hutchinson Applicallon for Bingo Gambling Devices License Page 2 of 3 _32j Sy- e_ $+- SC— rA N 5 35'0 Residence Address City State Zip Date of Birth: / l L / 3 3 Place of Birth: May_4x�i e- wjJ_ Month day /year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes PAO If yes, explain: How long have you been a member of the organization? 3 4 C YOw 1Zwty (- -013= Cowvs-r 32a S$-1.3o-70 Name oflocation where game will be played Phone Number �iIS 1'_O1oraAo St NVi REAi-c %j-,SM A& 11 55 0 Address of location where game will be played City State Zip Date(s) and/or day(s) gambling devices will be used: O(o 1 (7 ZOt 1 through O (0 11 — A��1i AM Hours of the day gambling devices will be used: From / I . OO pM To 5 36 M) Maximum number of player: 1000 Will prizes be paid in money or merchandise? Vmoney LiPmerchandise Will refreshments be served during the time the gambling devices will be used? 9kyes ❑ no If yes, will a charge be made for such refreshments? IQves ❑ nn Eia Name of location where game will be p ed Phone Number Address of location where game will played City State Zip Date(s) and/or day(s) gambling de ' swill be used: through AM AM Hours of the day gamblin vices will be used: From pM To PM Maximum number layer: Will prizes be p ' in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no St< ,O. D. � Name Title Residence Address City State Zip Residence Address City State Zip I 1p ( :� City of Hutchinson Application for Bingo Gambling Devices License Page 3 of 3 Name Title Officers or Other Persons Paid for Services Information i necessa , list additional names on separate sheet Name Title Residence Address City State Zip Name Title Residence Address City State Zip Name Title Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)7 Gambling Manager ❑ yes ❑ no Authorized Officer dyes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. of authorized ofjtcer of organization manager o) organization City Council ❑ approved 13 denied Notes: lit - 1 %-201/ Date 3 1] �-6 t t Date Adult Training & Habilitation Center Winsted/ West BOARD OF DIRECTORS Appointed Name/Address 1) 5/08 -5/11 CHERYL BEILKE PRESIDENT (3'd Term) 20485 Lake Hook Road Hutchinson, MN 55350 H 320 -587 -5469 Fax 320 - 234 -1039 Finance/Personnel/Fundraising beilkal&alhhutchtel.net (h) 2) 5/08 — 5111 CHRISTINE DAVIS VICE PRESIDENT (2sd Term) 9692 Co. Rd 2 Glencoe, MN 55336 320 - 8645644 Personnel/Finance/Fundraising chris(alemdeks.com 3) 10 /00 -10/13 JAMES FAHEY TREASURER (4d' Term) 904 Hwy 15 South Hutchinson, MN 55350 320 - 234 -3510 (work) 320 - 234 -0937 (fax) 320 - 587 -6691 (home) (cell) 320 -583 -8559 iimfahevaafahevsales.com Finance/Fundraising/Personnel 4) 4/02 -4/13 RICHARD SCHIMMEL SECRETARY (4d' Term) 2110 Upland Avenue Mayer, MN 55360 952- 955 -1177 (home) 952- 994 -6603 (cell) rschimmelftuabes.net Finance/Fundraising/Personnel 5) 1/03 -1/12 CHARLOTTE KNICK (3'd Term) 10374 Tagus Ave Brownton, MN 55312 320 - 328 -5573 lmickryrosscnet Personnel/Finance/Fundraising 6) 5/08 — 5111 CHRISTINE DAVIS (2 °d Term) 9692 Co. Rd 2 Glencoe, MN 55336 320 - 864 -5644 Personnel/Finance/Fundraising chri[eletudeks.com 7) 5/08 — 5111 NANCYKRCIL (2 °d Term) 16535 Garden Ave Glencoe, MN 55336 320 - 864 -4637 Personnel/Finance/Fundraising 8) 1/09 -1/12 GERARD STIFTER Personnel/Finance/Fundraising 362 South Shore Drive Winsted, MN 55395 485 -2504 5/09 (3 year terms) gstiflWalmchsi.com ('E6) MEMORANDUM DATE: February 9, 2011 for the February 22, 2011, City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, AICP, Planning Director SUBJECT: AMENDMENTS TO THE SHORELAND ORDINANCE AND SIGN ORDINANCE Backaround: The City Council approved the Shoreland ordinance on September 28, 2010 and the Sign ordinance on October 26, 2010. The ordinances will take effect after a summary of the ordinances is published. Due to the size and cost of publishing the full ordinance, staff has prepared a summary ordinance to be published. The proposed summary for the ordinances is attached. State Statues require the City Council to approve publishing of a summary ordinance with a 4/5 majority. Requested Action: Approval of the following 1. Approval to publish the attached summary ordinances. Attachments: Summary Ordinance (PCc) Publication No. 7859 Summary Ordinance for the City of Hutchinson amending City Code Chapter 152 — Shoreland Management; Section 152.007, Definitions; Section 152.041, Stormwater Management; Section 152.108, Variances The City of Hutchinson has adopted Ordinance 10 -0557 to amend the Hutchinson City Code Title VX, Land Usage, Chapter 152, Shoreland Management, to amend Sections 152.007, 152.041 and 152.108. The following is a summary of the adopted ordinance: The purpose of the ordinance is to look at several amendments to the Shoreland ordinance related to impervious surface coverage standards that would allow applicants flexibility while mitigating the impacts of additional impervious surface coverage. In addition, the height of building definition was reviewed and amended to be more clear and easy to understand, as well as made consistent with the definition in the Zoning Ordinance. Lastly, the definition of impervious surface was amended and is now consistent throughout City ordinances. Effective Date: This ordinance becomes effective upon its passage and publication according to law. The ordinance was adopted unanimously by the City Council on September 28, 2010. A copy of the complete ordinance is available for review at the City offices, 1 I I Hassan Street S.E., Hutchinson. Contact Dan Jochum at (320) 234 -4258 for more information. Submitted by: Dan Jochum Planning Director c0 (C-) Publication No. 7860 Summary Ordinance for the City of Hutchinson amending City Code Chapter 154 — Zoning; Section 154.004, Definitions; Section 154.136, Signs; Section 154.138, Prohibited Signs The City of Hutchinson has adopted Ordinance 10 -0661 to amend the Hutchinson City Code Title VX, Land Usage, Chapter 154, Zoning, to amend Sections 154.004, 154.136 and 154.138. The following is a summary of the adopted ordinance: The purpose of the ordinance is to allow provisions for dynamic signs which are signs that appear to have movement or appear to change. Electronic message center signage has been popular among the commercial businesses in the City. The signs are seen most frequently along the highway corridors. There became a need to regulate such signage within the City of Hutchinson. Effective Date: This ordinance becomes effective upon its passage and publication according to law. The ordinance was adopted unanimously by the City Council on October 26, 2010. A copy of the complete ordinance is available for review at the City offices, 111 Hassan Street S.E., Hutchinson. Contact Dan Jochum at (320) 234 -4258 for more information. Submitted by: Dan Jochum Planning Director (' (C-) rd N '1 3 TO: Mayor & City Council FROM: Kent Exner, DPW /City Engineer RE: Consideration for Approval of Out of State Travel for Keith Messner to Madison, Wisconsin DATE: February 22, 2011 Please consider the opportunity for Keith Messner, Senior Engineering Specialist, to attend the upcoming `Municipal Engineering Fundamentals for Non - Engineers' course (March 28 — 29, 2011) at the University of Wisconsin in Madison, WI. The course outline/background information and Travel Approval Request Form are attached to this memorandum. Based on feedback from others, this course comes highly recommended and appears to significantly improve an individual's background relative to several civil engineering concepts/design practices. Per our research and to the best of my knowledge, there doesn't appear to be a comparable course offered by the nearby civil engineering accredited universities. Upon completing this course, Keith will be able to bring course information and acquired knowledge /approaches back to the City with the intent to educate/familiarize other Engineering Dept. staff ( "train- the - trainer concept" for staff development). We recommend that the attached out of state Travel Approval Request Form be approved. cc: Jeremy Carter, City Administrator 1:1FORMSURAVEL °f WV TRAVEL APPROVAL REQUEST FORM Utilize this form in all cases that exceed one working day NAME Ida, ai f'1t2g&LiW- DEPT�1 Mk5r=j?.1 "CZ, DATE: Z— l —1 L Conference name or purpose ['10KttaT wt _ i�4161 %0g- 1- WAek %.S Destination _ ijA6D 1 `+o h! . y1%WZ"fq tJ Estimated Mileage " t Oc7 Total estimated travel cost (including lodging, meals & registration) 1x25 .c=C, Overnight stay? YES ✓ NO Date Leaving '617.-1 Z'l 6 t Date Returning 3 Zq 11 BUDGET STATUS: Is the above conference/seminar budgeted for the current year? YES NO • z Estimated amount of travel budget remaining before this request $ �GL� CASH ADVANCE REQUESTS: Upon return, attach all receipts to a completed expense report. Cash advance checks will be returned to your department. Amt Requested $ Check payable to: CHECK REOUESTS: Amt Requested $ 7ktr Check payable to: Amt Requested $ Check payable to: Amt Requested $ Check payable to: Mail Check (include registration forms) APPROVALS: I . �. rte, Return check to department Purpose Department Director's Approval - Account Code Finance Director's Approval City Administrator's Approval PROVIDE THIS COMPLETED FORM ALONG WITH REGISTRATION FORMS TO FINANCE DEPARTMENT 7 DAYS PRIOR TO DATE LEAVING OR DATE OF CONFERENCE. REFERENCE CITY TRAVEL POLICIES 3.22 AND 3.23. (J) Municipal Engineering Fundamentals for Non- Engineers March 28-29,2011 Madison, Wisconsin Learn the key methods and concepts engineers use in the design, operation and maintenance of municipal engineering facilities i N Y e a 3 Q o — Save time and money! - Inquire about on-site & online coarse:. Call BM- 162-0676 todayl THE UNIVERSITY ,0trinflon p WISCONSIN � ° Wisconsin M A D I S O N Department of Eronsering Professional Development 032 North Lake Street Madison, Wisconsin 53706 Please route this brochure to colleagues who would also benefit by attending. LLIrdJrldLdrLllttttlLltldllrld1111LrdIt1111L1111 KENTON EXNER UWIWS4 CITY ENGINEER CITY OF HUTCHINSON 111 HASSAN ST SE HUTCHINSON MN 55350 -2522 g 3 of � t'c M. 110 CL of IV 0 � z g to a� O = 7 .* M f0 3 0 tp N .o A 3 to M CL (A s O�/i� 3 ju i ` • °''tea I m ° °+ fill, Ol A M2 ID -4 3 ip (D tin me PIP IV 2 = 1A 3, I o °1 a O Municipal Engineering Fundamentals for Non - Engineers March 28 -29, 2011 in Madison, Wisconsin Note: The daily schedule includes continental breakfast, midmorning and midafternoon refreshment breaks and lunch at noon. Say... D AN OVERVIEW OF RING ITEMS TO UNDERSTA♦, ERAL FUNCTIONS AND -• TENTS OF STORM WATER, TRAFFIC AND SEWER. THIS CTLY WHAT I LOT. THAN[Wn Cty c Kent, Nashington THE M05T VALUAI I'VE HAD... PRESET r KNOWLEDGEABLE )THE OPPORTUNII County Planning &T WHO HAS RETUF OAKS AFTER 25 1 A GREAT OVERV City of College Station, Earn Continuing Education Credits By participating in this course, you will earn 12 Professional Development Hours (PDH) or 1.2 Continuing Education Units (CEU). CM Credit for Planners This course has been approved for 12 hours of Certification Maintenance (C.M) credit by the American Planning Association (APA). Take Advantage of Team Discounts Multiple enrollees from the same firm or agency are eligible to receive a team discount. For information about this offer, please call program director Howard Rosen at 608- 262 -4341 or e -mait rosen@engr.wisc.edu I Course Outline Water Treatment and Supply • Groundwater Monday, March 28 Surface Metering 7:45 Registration and Continental Breakfast (provided) Design Maintenance The Pyle Center • Valves 702 Langdon Street Hydrants Pipes Madison, Wisconsin • Testing 8:10 Welcome 4:30 Adjournment Howard Rosen PhD' Tuesday, March 29 Program Director ! Department of Engineering Professional 8:00 Plan Review I Development • Reading engineering designs • University of Wisconsin-Madison Comprehensive plans • Storm sewers 8:15 Overview: The Unique Challenges of ! Water system Managing Municipal Infrastructure Systems Sanitary sewers The Role of the Municipal Engineer, Land use and zoning How Streets, Water, Sewer and Utilities •Roadways and bikeways Work Together I Sanitary Sewerage Municipal Engineering Design Issues Projecting System Capacity Streets and Traffic Engineering Preparing a Facility Plan • Street planning and geometry., * Treatment plant size - the functional classification system Network - urban vs. rural cross sections Standards - capacity, safety and geometric design Treatment Processes • Drainage: soil, water and pavements Primary -soil characteristics Secondary - soilcompaction and strength •Tertiary - surface drainage design elements Collection System •Pavement design and maintenance . ,Materials - performance of rigid and flexible . Maintenance pavements Design parameters yf; - designing pavement thickness for traffic 1 Slopes loads and pavement life - extending useful life througn proper Basic Storm Drainage Concepts Understanding rainfall and runoff maintenance I - accommodating utilities • The "Rational Formula" • Traffic and safety Drainage System Design - traffic operations overview • Choosing the design storm - traffic control devices • Primary system (low volume) - traffic engineering studies • 100- yearevent - typical traffic safety programs [examples) • Closed system /open system Projecting Water Demand Flood Control • Calculating average demand • Detention and treatment • Estimating peak demand Regional approaches • Accommodating fire flows (hydrants) • Inlets and catch basins Water Facility Planning and Engineering Water Quantity and Water Quality • Distribution Combined Sewer Overfow(CSOs) • Storage EPA /NPDES • Pumping capacity Answering Your Questions 4:00 Final Adjournment Note: The daily schedule includes continental breakfast, midmorning and midafternoon refreshment breaks and lunch at noon. Say... D AN OVERVIEW OF RING ITEMS TO UNDERSTA♦, ERAL FUNCTIONS AND -• TENTS OF STORM WATER, TRAFFIC AND SEWER. THIS CTLY WHAT I LOT. THAN[Wn Cty c Kent, Nashington THE M05T VALUAI I'VE HAD... PRESET r KNOWLEDGEABLE )THE OPPORTUNII County Planning &T WHO HAS RETUF OAKS AFTER 25 1 A GREAT OVERV City of College Station, Earn Continuing Education Credits By participating in this course, you will earn 12 Professional Development Hours (PDH) or 1.2 Continuing Education Units (CEU). CM Credit for Planners This course has been approved for 12 hours of Certification Maintenance (C.M) credit by the American Planning Association (APA). Take Advantage of Team Discounts Multiple enrollees from the same firm or agency are eligible to receive a team discount. For information about this offer, please call program director Howard Rosen at 608- 262 -4341 or e -mait rosen@engr.wisc.edu I Municipal Engineering Fundamentals for Non - Engineers March 28 -29, 2011 in Madison, Wisconsin Make Informed Decisions Non - engineers who make decisions about planning, financing, building, operating and maintaining critical physical systems in their communities should understand the methods and standards used by engineers to design and build these systems. This course will provide non- engineers with practical tools that will increase their understanding of the key concepts, standards and methods used by municipal engineers. Understand the Basics of Municipal Engineering Our experienced instructors will explain the fundamental concepts, methods, and vocabulary of municipal engineering. They will provide you with a clear, logical, and detailed presentation of the key municipal systems: streets, water supply, sanitary sewerage, storm drainage, and plan review. They will also discuss the three key questions municipal engineers must consider regarding ail municipal systems: • How much capacity do we needs • flow long should it last • What is the cost? You Will Learn • How and why municipal engineers design facilities and select materials the way they do • How a welt- designeo facilmes improvement plan is put together • How to recognize the policy implications of engineering choices Avoid Costly Mistakes Knowing how the main municipal engineered systems work, and also how they work together, you will be able to !Make more informed (and better) decisions Avoid costly mistakes by being able to project the Life -, ly cle cost implications of the design, operation and maintenance of municipal engineering facilities This Course Will Benefit You Non - engineers operating in the municipal 1 engineering environment will benefit, i including: • Planners • Citymanagers • Municipal finance officers • Economic development professionals • City and county officials • Engineering technicians -answers to these (and'-" questions: f.Does the street really need to be so wide! 0 Can we add another lane? 110.1fasphalt is cheaper, why dorit we use.it' 011f concrete lasts longer, why dorit we -� -' use it? lCan we use plastic pipe? R Do we have to rebuild the street from p4he ground up? [Can we use a smaller pipe? What does it mean to design for a five -_year storm event? I<DidrA we just have a 100 -year stormi Learn from Expert Instructors I lie instructors for this course are knowledgeable, respected experts in the theory and practice of municipal engineering. Both are recipients of the coveted Top Ten Public Works Leaders of the Year Award presented by APWA (the American Public Works Association). i hey are experienced presenters who communicate clearly and understand your needs. David Barber PE is the director of I public works for Peoria, Illinois. He has many years of experience in municipal engineering, working in fast - growing communities as well as those dealing with severe financial constraints. He has previously served as director of public works and city engineer for communities in Illinois and Ohio, including Evanston, Naperville and Downer's Grove in Illinois. He also served as a principal engineer with M W H Global, Indianapolis, Indiana. Mr. Barber is a respected practitioner with extensive hands -on knowledge of facilities planning and capital budgeting. He is also an experienced instructor, especially in presenting engineering information to non - engineering audiences. Stephen'P. Pudloski PE is a program director in the Department of Engineering Professional Development at the University of Wisconsin— Madison. He is also director of the Wisconsin Transportation Information Center (LTAP), which provides training and technology transter to local government street and highway agencies. Previously, he served as deputy executive director of the American Public Works Association, Mr. Pudloski has more than 18 years of professional experience in local government public works, having served as director of public works in Evanston, Illinois, and as director of development and public services in Glenview, Illinois. He earned a degree from the graduate program in public works administration at the University of Pittsburgh. :� Four Easy Ways to Enroll Internet: http://epd.engrwisc.edu/webL923 Course Information s1 Phone: 800 -462 -0876 or 608 -262 -1299 (TDD 265 -23710) ❑ Please enroll mein Municipal Engineering Fundamentals for Non - Engineers Course 4923 March 28 -29, 2011 in Madison, Wisconsin Fee: 5795 7 I cannot attend at this time. Please send me information on future courses. Personal Information (Please print clearly] Name itle Company Address otylsote /Op Phone Fax(_ __1 E -mad ii Wisconsin Member Discount Members of the American Public Works Association, Wisconsin Chapter, are eligible to receive a discount to attend this course. For information regarding this discount, please contact Howard Rosen at: rosen @engr.wisc.edu Bring This Course to Your Site Larger groups can have this course presented at a time and location of your choice (in North America). On -site courses reduce time away from the office and save travel costs, 'To inquire about one of our courses at your site, or about other courses the University of Wisconsin- Madison offers on -site, call 800 -462 -0876 and ask for Corporate Education Director Carl Vieth (608 -263 -7424 direct or veth@wisc.edu). Or see http: / /epd.engr.wisc.edu /onsite Fax: L — ^ -� 800-442-4214 or 608 -265 -3448 Billing Information Mail to: ❑ Aillmycompany ❑ PO. orche<k endosedwar,d,mus •wa:mow,v :awn; Engineering Registration U [M1 The Pyle Center, Dept. 108 702 Langdon Street Madison, Wisconsin 53706 Additional Enrollees Name __.._.. Title E -mall Name From nadir panel. Title E -mad Fax: L — ^ -� 800-442-4214 or 608 -265 -3448 Billing Information ❑ Aillmycompany ❑ PO. orche<k endosedwar,d,mus •wa:mow,v :awn; U � -1 U [M1 Cardholder Name Card No Expires DW# a«wnmoer .w i vx•om. •ai.oa•w�wv�sn From nadir panel. vnxkpt eamrw. Get Information on Related Courses Go to http: / /epd.engr.wisc,edu/ publicworksmunicipal for current course information on the following topics: • Street and highway design • Street and highway construction, operations and maintenance • Traffic control • Roadwaylighting • Bridge maintenance and rehabilitation • Storm water management • Wastewater treatment; solid waste disposal • Water supply and storage • Construction inspection; building inspection • Planning and zoning • Snow and ice control • Fleet maintenance Contact Us CaXtotkee 8"2 -0876 and ask for ..:grail �Dhvctor• Howard Rosen PhD rosen@engrwkedu Program Associate: Debbie Befell Or e-mail cusWnr@epd•engrmisc.edu General Information FigCo�ersNotebopk course materials, break 'Jef6fthiefti lunches, and certificate. Camedhtion lfyou cannotattend, please notify us by March 21, and we will refund your fee. Cancellations received after that date and no -shows are subject to a $150 administrative fee. You may enroll a substitute at any time before the course starts. LoiatioirThe Pyle Center, 702 Langdon Street, Madison, Wisconsin. Phone messages: 608 -262 -1122. Accotnmodations We have reserved a block of sleeping rooms ($115 /single, $130 1double, including parking and Madison Taxi's silver cab from the airport) for course participants at the Campus Inn, 601 Langton Street, Madison, Wl. To reserve a room, call 800-589 -6285 or 608- 257 -4391 and indicate that you will be attending this course under group code 103162. Room requests made later than March 6 will be subject to availability. We have reserved a second block of sleeping rooms ($89/ Until: s99/droul tax free) for course participants at the Lowell Center, 610 Langdon Street, Madison, WI. To reserve a room, aR 866 -301 -1753 or 608-256-2621 and indicate that you will be attending this course under group code L923. Room requests made later than February, 28 will be subject to availability. ig I1.0 To: Mayor and City Council CC: Jeremy Carter, City Administrator From: Dan Jochum, Planning Director Date: 2/17/2011 Re: Proposed Comprehensive Plan Steering Committee Members Proposed Comprehensive Plan Steering Committee Members As you know the Comprehensive Plan is going to be updated in 2011 and part of 2012. Public involvement is a significant aspect of the Plan update. One of the elements of public involvement is a project steering committee that will help guide the process. The proposed steering committee will meet approximately 12 to 14 times in the next 18 months or so. The first meeting is proposed to be sometime in March. Staff recommends the following people be placed on the Comprehensive Plan Steering Committee: • Steve Cook — City Council Representative • Mary Christenson — City Council Representative • John Lofdahl — Planning Commission Representative • Christie Rock — Planning Commission Representative • Paul Wright — McLeod County Representative • Bev Wangerin — McLeod County Representative • Garrett Luthens — Joint Planning Board Representative • Brian Mohr — School District Representative ( C2 V) February 17, 2011 • Bill Corby — Chamber Representative • Matt McMillan — Downtown Association Representative • Gus Wurdell — EDA Representative • Cheryl Dooley — Real Estate Representative • Ray Norton — Public The following is a list of frequently asked questions related to the Comprehensive Plan: Q: What is a Comprehensive Plan? A: It is a document adopted by the City Council that provides direction for the City related to Land Use, Housing, Economic Development, Transportation, Parks and Recreation and other topics. It is essentially the City's Plan for future growth and redevelopment. Q: When was the last Comprehensive Plan completed by the City? A: 2002 Q: How often is a Plan typically updated? A: Every 10 years or so. Q: Why does the Plan need to be updated? A: The 2011 Comp Plan process will be much more encompassing than the 2002 process. The 2002 Plan focused on land use and transportation. Also, much has changed in terms of the economy and housing market since the 2002 plan was finished. Q: What is the timeline for updating the Comprehensive Plan? A: The process is starting in January 2011 and will be completed by approximately May 2012 if all goes as planned. Q: What is the role of the Comprehensive Plan Committee? A: To provide guidance in the development of the Comp Plan and to provide recommendations to the planning commission and City Council regarding the development of the Plan. Q: How many people will be on the Comprehensive Plan Committee? A: Approximately 12 to 14. (P-) February 17, 2011 Q: How often will the Comprehensive Plan Committee Meet? A: Approximately 12 to 14 times over the next year and a half of so. Q: When will the first meeting be? A: Approximately starting March 2011 Q: How long will the meetings last? A: Approximately 2 hours. Q: What time will the Committee Meet? A: To be determined. Committee members will be asked to provide a preference regarding the meeting time. Q: What day will the Committee Meet? A: To be decided. Q: Who will be leading or facilitating the Committee Meetings? A: Dan Jochum, City Planning Director Q: Will any consultant help be needed? A: Yes, the vast majority of the work will be completed by City Staff; however some of the more technical work and some of the graphic work will likely be done by a consultant. Q: Will there by opportunities for public involvement? A: Yes, there will be many opportunities for public involvement, including public open houses, visioning sessions, topical meetings, public hearings, and committee meetings. Q: If I have more questions regarding the process who can I contact? A: Dan Jochum, Planning Director 234 -4258 or diochumaci.hutchinson.mn.us = 0 1 Ll CITY OF HUTCHINSON R55CKREG L0G22001VO Council Check Register 2/9/2011- 2/22/2011 Check # Ck Date Amount Vendor / Explanation Account Description 164122 2/15/2011 205,806.99 CROW RIVER TITLE GUARANTY INC LAND 164123 2/22/2011 210.00 10,000 LAKES CHAPTER TRAVEL SCHOOL CONFERENCE 164124 2/22/2011 358.00 AARP PROFESSIONAL SERVICES 164125 2/22/2011 1,216.50 ACE HARDWARE POSTAGE 164126 2/22/2011 5,819.34 ALL AMERICA PRESSURE WASHER MF MACHINERY & EQUIPMENT 164127 2/22/2011 89.82 ALLTEL COMMUNICATIONS 164128 2/22/2011 53.44 ALPHA WIRELESS COMMUNICATIONS 164129 2/22/2011 48.55 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 164130 2/22/2011 75.00 AMERICAN WATER WORKS ASSN DUES & SUBSCRIPTIONS 164131 2/22/2011 71.00 AMERICAN WATER WORKS ASSN DUES & SUBSCRIPTIONS 164132 2/22/2011 173.00 AMERICAN WATER WORKS ASSN DUES & SUBSCRIPTIONS 164133 2/22/2011 29.11 AMERICAN WELDING & GAS OPERATING SUPPLIES 164134 2/22/2011 72.37 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 164135 2/22/2011 23,816.99 ANDERSON CHEMICAL COMPANY CHEMICALS & PRODUCTS 164136 2/22/2011 121.46 ARAMARK UNIFORM SERVICE SHOP MATERIALS 164137 2/22/2011 123.52 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 164138 2/22/2011 597.55 ASPEN EQUIPMENT CO CENTRAL GARAGE REPAIR 164139 2/22/2011 38.41 AUTO VALUE - GLENCOE EQUIPMENT PARTS 164140 2/22/2011 100.00 BAHR, LYLE UNIFORMS & PERSONAL EQUIP 164141 2/22/2011 941.33 BERNICK'S FOOD PRODUCTS- CONCESSION 164142 2/22/2011 195.54 BEST WESTERN KELLY INN TRAVEL SCHOOL CONFERENCE 164143 2/2212011 100.00 BIG CAT RESCUE ENTERTAINMENT OTHER LICENSES 164144 2/22/2011 26.67 BLADE PHOTO IMAGING & PORTRAIT OPERATING SUPPLIES 164145 2/22/2011 263.98 BUSINESSWARE SOLUTIONS DUE FROM UTILITIES 164146 2/22/2011 46,157.80 C & L DISTRIBUTING COST OF SALES -BEER 164147 2/22/2011 249.50 CALIFORNIA CONTRACTORS SUPPLIE SAFETY SUPPLIES 164148 2/22/2011 792.00 CANNON RIVER WINERY COST OF SALES -WINE 164149 2/22/2011 420.00 CARLOS CREEK WINERY COST OF SALES -WINE 164150 2/22/2011 14.99 CARQU EST AUTO PARTS SUPPLIES �\ 164151 2/22/2011 344.36 CENTRAL HYDRAULICS CENTRAL GARAGE REPAIR 164153 2/22/2011 37.13 CENTRAL MCGOWAN RENTALS 164154 2/22/2011 55.15 COFFEE COMPANY OPERATING SUPPLIES 164155 2/22/2011 359.66 COMFORT SUITES TRAVEL SCHOOL CONFERENCE 164156 2/22/2011 1,500.00 CORJEN TRANSPORT SERVICE RECEIVED NOTVOUCHERED 164157 2/22/2011 904.44 CORPORATE MECHANICAL CONTRACT REPAIR & MAINTENANCE 164158 2/22/2011 22.00 CORRA GROUP MISCELLANEOUS 164159 2/22/2011 176.00 COUNTRY INN & SUITES TRAVEL SCHOOL CONFERENCE 164160 2/22/2011 3,541.02 CRABTREE COMPANIES, INC. DATA PROC EQUIPMENT RENTAL 164161 2/22/2011 576.18 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 164162 2/22/2011 39.01 CROW RIVER FLORAL & GIFTS MISCELLANEOUS 164163 2/22/2011 276.04 CROW RIVER PRESS INC PRINTING & PUBLISHING 164164 2/22/2011 5,000.00 CYTIVA SOFTWARE INC DUE FROM UTILITIES 164165 2/22/2011 149.95 CZECH, RANDY SAFETY SUPPLIES 164166 2/22/2011 5,805.90 DAY DISTRIBUTING COST OF SALES -BEER 164167 2/22/2011 221.00 DOMINO'S PIZZA FOOD PRODUCTS- CONCESSION 164168 2/22/2011 3,538.44 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 164169 2/22/2011 28.95 DRIVERS LICENSE GUIDE CO DUES & SUBSCRIPTIONS 164170 2/22/2011 34.45 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 164171 2/22/2011 50.16 DYNA SYSTEMS RECEIVED NOT VOUCHERED 164172 2/22/2011 6.39 EBERT, PAT TRAVEL SCHOOL CONFERENCE 164173 2/22/2011 181.68 ECOLAB PEST ELIM RECEIVED NOT VOUCHERED 164174 2/22/2011 60.40 ECONO FOODS MEETINGS 164175 2/22/2011 95.00 EHLERS & ASSOCIATES INC PROFESSIONAL SERVICES 164176 2/22/2011 2,569.03 ELECTRIC PUMP CONTRACT REPAIR & MAINTENANCE 164177 2/22/2011 117.33 ELECTRONIC SERVICING CONTRACT REPAIR & MAINTENANCE 164178 2/22/2011 299.63 EPIC PRODUCTS INC COST OF MIX & SOFT DRINKS 164179 2/22/2011 160.69 EXNER, KENT TRAVEL SCHOOL CONFERENCE 164180 2/22/2011 157.66 FARM -RITE EQUIPMENT CENTRAL GARAGE REPAIR 164181 2/22/2011 315.27 FASTENAL COMPANY REPAIR & MAINTENANCE SUPPLIES 164182 2/22/2011 5,405.00 FIRE SAFETY USA, INC SMALL TOOLS 164183 2/22/2011 464.40 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 164184 2/22/2011 134.38 FOSTER'S INC. RECEIVED NOT VOUCHERED 164185 2/22/2011 1,029.93 G & K SERVICES UNIFORMS & PERSONAL EQUIP 164186 2/22/2011 313.25 GALLS AN ARAMARK CO UNIFORMS & PERSONAL EQUIP 164187 2/22/2011 3,200.00 GAVIN, OLSON & WINTERS, LTD PROFESSIONAL SERVICES 164188 2/22/2011 803.56 GEECO RECEIVED NOT VOUCHERED 164189 2/22/2011 3,500.00 GRIDOR CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 164190 2/22/2011 1,912.50 GRUFRUFF DESIGN PROFESSIONAL SERVICES 164191 2/22/2011 280.02 H &L MESABI RECEIVED NOT VOUCHERED 164192 2/22/2011 521.67 H.A.R.T. ACCRUED DEFERRED COMP 164193 2/22/2011 768.26 HACH COMPANY OPERATING SUPPLIES 164194 2/22/2011 35.00 HAEKENKAMP, VANESSA OTHER REVENUES 164195 2/22/2011 18.70 HAGER JEWELRY INC. OFFICE SUPPLIES 164196 2/22/2011 8.00 HAMMOND, MICHELLE TRAVEL SCHOOL CONFERENCE 164197 2/22/2011 560.00 HANSEN DEMOLITION LANDFILL REFUSE - RECYCLING 164198 2/22/2011 1,970.50 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 164199 2/22/2011 845.00 HANSEN GRAVEL SNOW REMOVAL 164200 2/22/2011 563.43 HANSEN TRUCK SERVICE CONTRACT REPAIR & MAINTENANCE 164201 2/22/2011 422.50 HANSON & VASEK CONSTRUCTION SNOW REMOVAL 164202 2/22/2011 260.37 HASSAN VALLEY LODGE #109 COMMERCIAL LOAN REPAYMENT 164203 2/22/2011 75,877.48 HEALTH PARTNERS EMPL.HEALTH & INS. BENEFIT 164204 2/22/2011 160.00 HEMMAH, LLOYD OTHER CONTRACTUAL 164205 2/22/2011 662.45 HILLYARD / HUTCHINSON OFFICE SUPPLIES 164206 2/22/2011 422.50 HJERPE CONTRACTING SNOW REMOVAL 164207 2/22/2011 20,164.00 HOLT MOTORS INC MACHINERY & EQUIPMENT 164208 2/22/2011 37.41 HUTCH AUTO & TRUCK PARTS CENTRAL GARAGE REPAIR 164209 2/22/2011 1,753.65 HUTCH AUTO BODY CENTRAL GARAGE REPAIR 164210 2/22/2011 156.87 HUTCH IRON & METAL REPAIR & MAINTENANCE SUPPLIES 164211 2/22/2011 1,339.00 HUTCHINSON AREA HEALTH CARE PROFESSIONAL SERVICES 164212 2/22/2011 100.00 HUTCHINSON CHAMBER OF COMMERCE TRAVEL SCHOOL CONFERENCE 164213 2/22/2011 6,499.30 HUTCHINSON CO -OP MOTOR FUELS & LUBRICANTS 164214 2/22/2011 1,577.10 HUTCHINSON LEADER PRINTING & PUBLISHING 164215 2/22/2011 3,905.36 HUTCHINSON PLUMBING & HEATING CONTRACT REPAIR & MAINTENANCE 164216 2/22/2011 1,088.00 HUTCHINSON SENIOR ADVISORY BOA RENTS -BLDGS OTHER 164217 2/22/2011 127,489.52 HUTCHINSON UTILITIES UTILITIES 164218 2/22/2011 623.73 HUTCHINSON WHOLESALE CENTRAL GARAGE REPAIR 164219 2/22/2011 920.98 HUTCHINSON, CITY OF UTILITIES fi 164220 2/22/2011 3,000.00 HUTCHINSON, CITY OF MISCELLANEOUS 164221 2/22/2011 9.99 INDEPENDENT EMERGENCY SERVICES COMMUNICATIONS 164222 2/22/2011 36,362.50 INFRATECH CONTRACT REPAIR & MAINTENANCE 164223 2/22/2011 1,143.02 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 164224 2/22/2011 834.90 JAY MALONE MOTORS RECEIVED NOT VOUCHERED 164225 2/22/2011 213.04 JEFF MEEHAN SALES INC. ACCURED COMMISSIONS PAYABLE 164226 2/22/2011 11.97 JERABEK MACHINE SHOP REPAIR & MAINTENANCE SUPPLIES 164227 2/22/2011 35.70 JOCHUM, DANIEL TRAVEL SCHOOL CONFERENCE 164229 2/22/2011 20,675.16 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -WINE 164230 2/22/2011 4,851.69 JUUL CONTRACTING CO CONTRACT REPAIR & MAINTENANCE 164231 2/22/2011 50.00 KANTOLA, JENNA OTHER CONTRACTUAL 164232 2/22/2011 43.34 KASHUBA, ROBIN OPERATING SUPPLIES 164233 2/22/2011 40.92 KEMSKE OFFICE SUPPLIES 164234 2/22/2011 19.00 KIMBALL, TRYPHENA OTHER REVENUES 164235 2/22/2011 157.62 KLOSS, TOM COMMUNICATIONS 164236 2/22/2011 422.50 KOSEK, JEFF SNOW REMOVAL 164237 2/22/2011 105.88 LANG'S OLD FASHIONED MEAT MARK MISCELLANEOUS 164238 2/22/2011 18,620.05 LOCHER BROTHERS INC COST OF SALES -BEER 164239 2/22/2011 70.00 LOKENSGARD, THOMAS OTHER CONTRACTUAL 164240 2/22/2011 131.99 MAYTAG LAUNDRY & CAR WASH PROFESSIONAL SERVICES 164241 2/22/2011 303.37 MCLEOD COOP POWER ASSN UTILITIES 164242 2/22/2011 10.00 MCLEOD COUNTY COURT ADMINISTRA MISCELLANEOUS 164243 2/22/2011 1,000.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 164244 2/22/2011 10.00 MCLEOD COUNTY TREASURER UTILITIES 164245 2/22/2011 82.95 MCLEOD PUBLISHING INC ADVERTISING 164246 2/22/2011 1,281.42 MENARDS HUTCHINSON OPERATING SUPPLIES 164247 2/22/2011 28.84 MESSAGE MEDIA COMMUNICATIONS 164248 2/22/2011 40.00 MIELKE, PHILLIP OTHER CONTRACTUAL 164249 2/22/2011 25.00 MINNESOTA CHAPTER IAAI DUES & SUBSCRIPTIONS 164250 2/22/2011 770.00 MINNESOTA CHIEFS OF POLICE TRAVEL SCHOOL CONFERENCE 164251 2/22/2011 690.38 MINNESOTA DEPT OF LABOR & IND PROFESSIONAL SERVICES 164252 2/22/2011 1,317.33 MINNESOTA DEPT OF MOTOR VEHICL MACHINERY & EQUIPMENT 164253 2/22/2011 60.00 MINNESOTA GFOA DUES & SUBSCRIPTIONS 164254 2/22/2011 400.00 MINNESOTA POLLUTION CONTROL AG PERMITS 164255 164256 164257 164258 F[Zt]-s-ol 164260 164261 164262 164263 164264 164265 164266 164267 164268 164269 164270 164271 164272 164273 164274 164275 164276 164277 164278 164279 164280 164281 164282 164283 164284 164285 164286 164287 164288 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 2/22/2011 185.50 MINNESOTA SHREDDING 450.00 MINNESOTA SPORTS FEDERATION 4,532.70 MINNESOTA VALLEY TESTING LAB 30.00 MN STATE PATROL 17.95 MOORE, ERIC 387.36 MORGAN CREEK VINEYARDS 73.85 NARTEC INC. 512.00 NCPERS LIFE INS. 125.00 NORTH SHORE ANALYTICAL INC 551.84 NORTHERN BUSINESS PRODUCTS 100.00 NORTHERN COLLABORATIVE TECHNOL 362.10 NORTHERN GREEN EXPO 136.13 NORTHERN STATES SUPPLY INC 231.58 NORTHLAND INN 315.68 O'REILLYAUTO PARTS 37.00 OFFICE OF ENTERPRISE TECHNOLOG 261.38 OLSON'S LOCKSMITH 50.00 PAGGEN, MIKE 10,713.58 PHILLIPS WINE & SPIRITS 70.00 POPP, RANDY 242.00 POSTMASTER 4,182.00 POWDER RIDGE WINTER REC AREA 19.08 PRO AUTO & TRANSMISSION REPAIR 1,333.80 PRO CARE SERVICES INC 68.38 QUADE ELECTRIC 14,163.45 QUALITY WINE & SPIRITS CO. 533.00 QUILLCORP 110.00 RACH, PATRICK 110.20 REFLECTIVE APPAREL FACTORY INC 15.00 REGION V EMERGENCY MGMT ASSN 76.00 RUTLEDGE, LENNY 28,681.52 SCHMELING OIL CO 64.20 SCOTT'S WINDOW CLEANING SERVIC 6.29 SEBORA, MARC CONTRACT REPAIR & MAINTENANCE MISCELLANEOUS RECEIVED NOT VOUCHERED REPAIR & MAINTENANCE SUPPLIES TRAVEL SCHOOL CONFERENCE COST OF SALES -WINE OPERATING SUPPLIES ACCRUED LIFE INSURANCE OTHER CONTRACTUAL OPERATING SUPPLIES COMMUNICATIONS TRAVEL SCHOOL CONFERENCE EQUIPMENT PARTS TRAVEL SCHOOL CONFERENCE CENTRAL GARAGE REPAIR TELEPROCESSING EQUIP REPAIR & MAINTENANCE SUPPLIES OTHER CONTRACTUAL COST OF SALES - LIQUOR OTHER CONTRACTUAL POSTAGE OTHER CONTRACTUAL CENTRAL GARAGE REPAIR CONTRACT REPAIR & MAINTENANCE REPAIR & MAINTENANCE SUPPLIES COST OF SALES- LIQUOR OFFICE SUPPLIES OTHER CONTRACTUAL SAFETY SUPPLIES DUES & SUBSCRIPTIONS TRAVEL SCHOOL CONFERENCE MOTOR FUELS & LUBRICANTS CONTRACT REPAIR & MAINTENANCE TRAVEL SCHOOL CONFERENCE 164289 2/22/2011 111.18 SEPPELT, MILES CARALLOWANCE - TRAVEL 164290 2/22/2011 54.51 SEWING BASKET UNIFORMS & PERSONAL EQUIP 164291 2/22/2011 100.00 SHAW, KAREN PROFESSIONAL SERVICES 164292 2/22/2011 134.78 SIMPLEXGRINNELL LP CONTRACT REPAIR & MAINTENANCE 164293 2/22/2011 949.70 SIOUX VALLEY ENVIRONMENTAL, IN POSTAGE 164294 2/22/2011 291.72 SORENSEN'S SALES & RENTALS RECEIVED NOT VOUCHERED 164295 2/22/2011 639.47 SOUTHERN MINNESOTA INSPECTION CONTRACT REPAIR & MAINTENANCE 164296 2/22/2011 171.56 SPS COMMERCE 164297 2/22/2011 399.00 ST. CLOUD TECHNICAL COLLEGE TRAVEL SCHOOL CONFERENCE 164298 2/22/2011 857.27 ST. JOSEPH'S EQUIPMENT INC RECEIVED NOT VOUCHERED 164299 2/22/2011 35.22 STANDARD PRINTING OPERATING SUPPLIES 164300 2/22/2011 1,039.87 STAPLES ADVANTAGE COPY SUPPLIES & PAPER 164301 2/22/2011 40.00 STARKE, RANDY OTHER CONTRACTUAL 164302 2/22/2011 25.00 STATE OF MINNESOTA DEPT OF PUB LICENSES & TAXES 164303 2/22/2011 298.09 STRATEGIC EQUIPMENT COST OF MIX & SOFT DRINKS 164304 2/22/2011 27.09 SUBWAY WEST OPERATING SUPPLIES 164305 2/22/2011 20.00 TAPS -LYLE SCHROEDER PROFESSIONAL SERVICES 164306 2/22/2011 29.42 TARGET BANK OPERATING SUPPLIES 164307 2/22/2011 33.98 TEK MECHANICAL RECEIVED NOT VOUCHERED 164308 2/22/2011 679.18 THOMSON WEST OPERATING SUPPLIES 164309 2/22/2011 422.50 TONY FORCIER TRUCKING SNOW REMOVAL 164310 2/22/2011 312.00 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 164311 2/22/2011 24,356.75 TREBELHORN & ASSOC MOTOR FUELS & LUBRICANTS 164312 2/22/2011 252.15 TRI COUNTY WATER OPERATING SUPPLIES 164313 2/22/2011 314.94 TRUE FABRICATIONS COST OF MIX & SOFT DRINKS 164314 2/22/2011 1,924.00 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 164315 2/22/2011 183.33 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 164316 2/22/2011 795.00 UNIVERSITY OF WISCONSIN TRAVEL SCHOOL CONFERENCE 164317 2/22/2011 14.78 VALLEY NATIONAL GASES LLC RENTALS 164318 2/22/2011 230.00 VEATCH, ROB OTHER CONTRACTUAL 164319 2/22/2011 74.76 VERTECH SOLUTIONS & SERVICES CONTRACT REPAIR & MAINTENANCE 164320 2/22/2011 23.95 VESSCO INC EQUIPMENT PARTS 164321 2/22/2011 10,708.65 VIKING BEER COST OF SALES -BEER 164322 2/22/2011 353.15 VIKING COCA COLA FOOD PRODUCTS - CONCESSION 164323 2/22/2011 851.50 VINOCOPIA INC 164324 2/22/2011 120.88 WALL STREETJOURNAL 164325 2/22/2011 7,231.76 WASTE MANAGEMENT OF WI -MN 164326 2/22/2011 8,069.15 WASTE MANAGEMENT OF WI -MN 164327 2/22/2011 80.00 WATERS, JIM 164328 2/22/2011 60.00 WELCOME NEIGHBOR 164329 2/22/2011 22,739.84 WIRTZ BEVERAGE MINNESOTA 164330 2/22/2011 181.15 WOODS, CANDICE 164331 2/22/2011 779.38 XEROX CORP 164332 2/22/2011 60.00 ZELM, KYLE 164333 2/18/2011 8,735.46 MOTOROLA Grand Total Payment Instrument Totals Check Total 836,778.85 COST OF SALES - LIQUOR DUES & SUBSCRIPTIONS UTILITIES REFUSE - LANDFILL CHARGES OTHER CONTRACTUAL ADVERTISING COST OF SALES- LIQUOR REPAIR & MAINTENANCE SUPPLIES COPY MACHINE OTHER CONTRACTUAL RADIOS PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 02/11/2011 Period Ending Date: 02/04/2011 $49,105.37 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $9,954.94 MN Department of Revenue State Withholding Tax $37,042.51 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,412.47 TASC Employee Flex Spending Deductions $5,801.17 TASC Employee Deductions 8 Employee Contribution to Health Savings Account $400.00 MNDCP Employee Contributions - Deferred Comp $1,339.60 ING Employee Contributions - Deferred Comp $2,420.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $693.58 MN Child Support System Employee Deductions $109,169.64 Total Electronic Funds Transfer (-, (-,r-) C TO: Mayor & City Council FROM: Kent Exner, City Engineer RE: Consideration of Items for Industrial Boulevard SE Reconstruction and Energy Park Bituminous Wear Course Placement Projects (Letting No. 2/Project No. 11 -02 & 03) DATE: February 22, 2011 City staff has administered project review discussions with property owners adjacent to the proposed Industrial Boulevard SE Reconstruction project. Please see the attached Project Information Sheet that was provided to the adjacent property owners prior to any discussions. Also, City staff has communicated estimated special assessment amounts to the respective property owners. During City staffs discussions with adjacent property owners, the following items/issues were communicated by property owners (staffs response/feedback is noted subsequently in italics): • Stormwater ponding within the immediate area would be desirable. — City staffreviewed stormwater ponding options and had preliminary discussions with impacted property owners. In the end property owners communicated that the use ofpotential ponding areas could be better utilized for other purposes. Also, per recent Michigan St. stormwater collection analysis, stormwater ponding within an area north of 2ndAvenue SE might be more effective and efficient in addressing stormwater surcharge issues within this general area Belief that particular properties would not benefit from the proposed improvements. — Property owners that are questioning potential benefits of the proposed project currently have direct access to Industrial Blvd. SE and have utilized the segment of the roadway immediately west of their parcel for substantial trucklequipment traffic for marry years. Thus, City staffbelieves that the adjacent property owners will definitely incur benefits from the proposed improvements being proposed/administered as outlined in State Statute Chapter 429 (Special Assessments). Belief that certain segments of the roadway should be assessed at a reduced rate due to the variability in the existing condition of the roadway surface. — As described within the previous point, City staff feels that sufficient benefits will be incurred by the adjacent property owners to justify the assessment rates currently being proposed The fact that some segments of the roadway have deteriorated more quickly and corresponding beliefs that respective frontage assessment rates should be formulated to reflect these differences in existing conditions would seem to be inconsistent with past City special assessment implementation. Per City staffresearch and to the best of our knowledge, it appears that none ofthe adjacent parcels were assessed for the roadway constructed in the early 1990's. Thus, theoretically, the adjacent properties have incurred a benefit for several years without having an initial expense for the past roadway improvements. Even at the proposed $60 per lineal foot offrontage assessment rate ('Partial Reconstruction' rate per the City Special Assessment Policy), the City does not appear positioned to capture sufficient assessmentfunds to achieve the 50:50 City/property owners project cost - sharing target. 1 • Feeling the properties are exempt from special assessments due to ownership status. —Per information gathered by City staff and the City Attorney's review, the subject parcels appear to be owned by an entity and that this particular entity has been assessed for roadway improvements in the past. The Energy Park Bituminous Wear Course Placement project is being administered as previously determined during the Energy Park Improvements Phase I project development. Thus, the City will complete the placement ofthe bituminous wear course within the Energy Park plat area in conjunction with the proposed Industrial Blvd. SE Reconstruction project. Please note that addressing this work at this time should result in some cost savings due to economies of scale of the work being performed. Following a brief project overview by City staff and potential public comments, staff will request that the City move forward with the final preparation of project plans /specifications and future advertisement for bids. The anticipated bid opening date is Thursday, May 12th, at 10:30 AM. We recommend that the attached Resolutions be approved. cc: Jeremy Carter, City Administrator 9 La)- C et Information Sheet (1/25 /11 Letting No. 2 /Project No. 11 -02 Industrial Boulevard SE Reconstruction INTRODUCTION The City of Hutchinson appreciates your review of this document which provides information regarding the upcoming Industrial Boulevard SE Reconstruction project. At this time, project construction is anticipated to start in the spring/summer of 2011. The intent of this mailing is to provide a general project scope/process overview and solicit any project input/feedback. Near the end of this document, there is some initial information provided regarding potential property assessments associated with this project. PROPOSED PROJECT IMPROVEMENTS The project area consists of the Industrial Blvd SE corridor from Michigan St. to the approximate limits of the Energy Park development. This project is being administered at this time due to the extensive deterioration of the existing roadway surface/section. This project has been identified within the City's Capital Improvement Plan. Also, based on City staff analysis and past PCI (pavement condition index) ratings, the need to address the existing roadway surface condition and substandard typical section has become apparent. The proposed project will consist of a partial reconstruction of the existing roadway, limited curb and gutter replacement, limited utility replacements/upgrades, drainage improvements, draintile installation, signing/striping, street lighting, geogrid placement, landscaping and restoration. At this point, the proposed project area has been established, but the details of the anticipated improvements are subject to change depending on public input and City funding limitations. HEARINGS/PROCESS If interested, City staff would like to take an opportunity to review this project with each of the adjacent property owners. Thus, please contact Pat Vanderveen/Engineering Administrative Assistant (234 -4209 or ovanderveenna.ci.hutchinson.mn.us ) to arrange a Property Owner Review Meeting. This meeting will be an informal discussion regarding the project that allows City staff to communicate preliminary information regarding what the project is proposed to include and to provide a preliminary estimate of specific property assessments. This informal discussion will allow individual questions/comments to be heard and for a general review of the project to occur prior to the first official hearing required by the formal project assessment process. The first official hearing, the Public Hearing, is anticipated to occur at the February 22 °" City Council meeting (6:00 PM). This meeting will be televised and is the formal presentation of the proposed project to the City Council. Public input time is included and welcomed at this meeting. Approval at this hearing does not mean that the project will be constructed as presented. This will be the point at which a formal decision will be made by the City Council as to whether or not City staff should continue the assessment process and move on to the next step of completing the project plans/specifications with the understanding that actual bids for completing the work will be requested. r� La)- The second official hearing, the Assessment Hearing, would be during another City Council meeting after receiving the bids (most likely in May). City staff will prepare final assessment amounts for each property and mail them out in advance of the meeting. At this hearing, property owners will then be given the opportunity to comment on the merits of both the project and the proposed amount of the assessments. Questions, thoughts and concerns regarding the project or associated assessments would be heard by the City Council, and official action on whether or not to award the project work for construction would be taken. To formally contest an assessment, a written/signed objection letter must be provided to the City Administrator prior to or at the Assessment Hearing. This action then allows you, the property owner, to appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment (typically the Assessment Hearing date) and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. ASSESSMENTS As described above, this project is considered to be a partial reconstruction project, thus a portion of the total cost of these improvements will be assessed to the adjacent private properties per the City's Special Assessment Policy. The estimated assessment amounts appear to be consistent and fair with respect to past City improvement projects. Per currently identified funding sources and the recent assessment calculations, a significant portion of the overall project cost will be incurred by the City bond issue. At this time, City staff estimates that adjacent properties' assessments will include all or a portion of the following items: • General Assessment - $60 per lineal foot of the property's roadway frontage • Water Service Assessment - N/A • Sanitary Sewer Service Assessment - N/A • Commercial/Industrial Water Service Assessment — N/A At the above estimated average rates, a typical 150' -wide commercial/industrial lot would incur an assessment of $9000. SCHEDULE & CONSTRUCTION ITEMS As previously mentioned, construction is anticipated to start in the spring/summer of 2011. The project should be completed within one construction season (weather dependent) including final paving and restoration. At this time, we encourage adjacent property owners to plan for the relocation of any irrigation systems, invisible dog fences, personal landscaping features, etc. from the roadway right -of -way (typically extends 15' from the street edge). GENERAL INFORMATION Please feel free to contact Kent Exner /City Engineer at 2344212 or kexner@ci.hutchinson.mn.us if you have any questions, comments or concerns that you would like addressed. As mentioned above, please arrange for a Property Owner Review Meeting (City staff would be willing to meet at your property to discuss the proposed improvements). Thank you for your time and consideration! `i �) RESOLUTION NO. 13847 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO. 21PROJECT NO. 11 -02 & 11 -03 WHEREAS, a resolution of the City Council adopted the 25th day of January 2011, fixed a date for a Council Hearing on the following improvements: L2 /P11 -02: Industrial Boulevard SE Reconstruction by roadway reconstruction, curb and gutter, draintile installation, bituminous /concrete surfacing, stormwater /.drainage improvements, water main /services, sanitary sewer main /services, street lighting, landscaping, restoration and appurtenances; and L2/P11 -03: Energy Park Wear Course Placement by bituminous surfacing and appurtenances; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 25th day of January, 2011. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 22nd day of February 2011. Mayor City Administrator RESOLUTION NO. 13848 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 2/PROJECT NO. 11 -02 & 11 -03 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: 1-211`11-02: Industrial Boulevard SE Reconstruction by roadway reconstruction, curb and gutter, draintile installation, bituminous /concrete surfacing, stormwater/.drainage improvements, water main /services, sanitary sewer main /services, street lighting, landscaping, restoration and appurtenances, and 1-2/P11 -03: Energy Park Wear Course Placement by bituminous surfacing and appurtenances; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 10:30 am on Thursday, May 12th, 2011, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and /or Director of Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, June 14th, 2011 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of February, 2011. City Administrator: Gary D Plotz i Mayor: Steven W Cook 7 (a) RESOLUTION NO. 13848 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.2IPROJECT NO. 11 -02 & 11 -03 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: 1-2/1311 -02: Industrial Boulevard SE Reconstruction by roadway reconstruction, curb and gutter, draintile installation, bituminous/concrete surfacing, stormwater /.drainage improvements, water main /services, sanitary sewer main /services, street lighting, landscaping, restoration and appurtenances; and L2/P11 -03: Energy Park Wear Course Placement by bituminous surfacing and appurtenances; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City Administrator until 10:30 am on Thursday, May 12th, 2011, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering /Public Works, will then be tabulated, and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, May24th, 2011 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond orcertified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of February, 2011. Mayor: Steven W Cook City Administrator: Gary D Plotz q Cam) TO: Mayor & City Council FROM: Kent Earner, City Engineer RE: Consideration of Items for TH 15 Water Main Lining Project (Letting No. 6/Project No. 11 -09) DATE: February 22, 2011 Per City Council input during the fall of 2010 and recent Resource Allocation Committee direction, City staff has worked with an engineering consultant to rebid the TH 15 Water Main Lining project on April 7,2011 (consulting work within the scope of the previously approved engineering services agreement). At this time, final bid documents are being reviewed and an advertisement for bids will published in the near future. This project is being administered through the previously approved Cooperative Project Agreement between the Cities of Hutchinson, Golden Valley and Fridley. Please see the attached memo provided by SEH Inc. that further describes several aspects of the proposed project. Following a brief project overview by City staff and potential public comments, staff will request that the City move forward with the final preparation of project plans/specifications and future advertisement for bids. Since there are no special assessments being proposed to fund this project, adjacent property owners were not notified of this Public Hearing. However, once bids are received and the awarding of a contract occurs, City staff will administer a neighborhood meeting prior to the start of construction. We recommend that the attached Resolutions be approved. cc: Jeremy Carter, City Administrator q�L 1) /A SEH MEMORANDUM TO: Kent Exner, PE — Director of Public Works / City Engineer FROM: Toby Muse, PE — Project Engineer DATE: February 15, 2011 RE: 2011 Trunk Water Main Pipe Rehabilitation Project - City of Hutchinson TH15 Water Main Lining Project No. L6/P -11 -09 SEH No. 112487 14.00 At your request, this memorandum provides an update for the subject project. For the City's convenience, this memorandum is divided into sections titled Background, Scope, Rehabilitation Method, Schedule, Construction Considerations, and Estimated Costs. Background In July 2010, the Cities of Golden Valley, Hutchinson and Fridley (Cities) entered into a Cooperative Project Agreement (CPA) for the 2010 Trunk Water Main Pipe Rehabilitation Project. The Cities prepared one (1) set of bidding documents to install cured -in- place -pipe (CIPP) structural liners into select trunk water main pipes in all 3 Cities. The City of Golden Valley was chosen to be the contracting authority. Bids opened on August 5, 2010 in all Cities were approximately 25% - 35% higher than anticipated. These higher prices most likely contained contingency costs in the event that contractors could not complete a large volume of work prior to freezing conditions whereby they would incur liquidated damages. Therefore, Hutchinson directed Golden Valley not to award their lining work. Fridley also directed Golden Valley not to award its work. Golden Valley chose to award a portion of their project, since their budget was adequate compared to the lowest responsive bid price received. All the Cities have decided to continue to use the CPA and bid their work not awarded during 2010 as the 2011 Trunk Water Main Pipe Rehabilitation Project (project). Scope The project scope within Hutchinson includes lining approximately 2,440 linear feet of 12 -inch diameter trunk water main pipe along Trunk Highway 15 (THI5)/Main Street from 4's Avenue SE to Oakland Avenue SE. This area is shown in Figure 1 in the Appendix. Rehabilitation Method This project shall rehabilitate existing trunk water main pipes using CIPP. CIPP allows the City to rehabilitate its trunk water main pipe with very minimal damage to TH 15's concrete street pavement and existing water service pipes. CIPP includes the excavation of small liner insertion pits and the introduction of an epoxy resin impregnated polyester liner that is pulled into the existing trunk water main pipe. An example of a liner insertion pit is shown in Figure 2 in the Appendix. An example of the insertion of the liner into an existing trunk water main pipe is shown in Figure 3 in the Appendix. Hot water is used to cure the epoxy which produces a safe structurally sound replacement pipe with a service life of at least 50 years. Water service laterals are restored internally using a robotically controlled cutting device, similar to Figure 4 shown in the Appendix. Short Elllott Hendrickson Inc., 10901 Red Circle Drive, Suite 300, Minnetonka, MN 55343 -9301 SEH is an equal opportunity employer I v .sehinc.com 1 952.912.2600 1 800.734.6757 1 952.912.2601 fax %6) Project Memorandum 2011 Trunk Water Main Rehabilitation Project - City of Hutchinson TH 15 Water Main Lining L6/Project No. 11 -09 February 15, 2011 Page 2 Industry success rates for water service reinstatements using a roboticaily controlled cutting device are approximately 85 % -90 %. In the event a water service lateral cannot be restored internally, an excavation similar in size to a liner insertion pit will be required to repair the connection between the water service lateral and the trunk water main pipe. The City's contractor will be required to excavate, reinstate the service, backfill, compact and restore TH15 within project timelines or incur liquidated damages. Schedule The project's bid opening will be held on Thursday, April 7. If the project is awarded by the City Council, construction is tentatively scheduled to begin in Hutchinson after June 19, 2011 and likely completed in July 2011. Construction Considerations Specific considerations that will be addressed during construction include the following: Construction Impacts — The footprint of liner insertion pit areas will utilize the removal of select TH15 concrete panels to minimize construction impact. New concrete panels will be installed and connected to existing Main Street concrete panels during restoration operations. • Traffic Disturbances — Main Street's northbound and southbound vehicle traffic will be maintained throughout construction. Main Street's northbound and southbound parking lanes will only be closed in the immediate vicinity of liner insertion pits to allow for the northbound and southbound traffic lanes to shift west during CIPP rehabilitation work. A typical traffic control setup similar to what is anticipated on TH 15 is shown in Figure 5 in the Appendix. The suggested liner insertion pit at the intersection of 4'h Avenue SE and TH 15 will most likely prohibit access to and from TH 15 from 4b Avenue SE. Vehicles will be detoured around the intersection via 5`" Avenue SE or Third Avenue SE. No other vehicle or pedestrian detours are anticipated. Temporary Water System - A temporary water system will be installed along TH 15 to maintain continuous water supply to properties in the project area. The suggested layout of this system is shown in Figure 1 of the Appendix. A photo of a typical temporary water system is shown in Figure 6 of the Appendix where temporary water main pipe is placed in the street adjacent to existing concrete curb and gutter. Individual homes along TH 15 will likely be served by service pipes from the temporary water system via the home's outside spigot similar to the photo labeled Figure 7 in the Appendix. Estimated Costs The estimated construction cost for this project is approximately $550,000 in 2011 dollars. Insufficient bid data is available from across the country since August 2010, therefore, we have estimated last fall's bid prices. However, since this project will be bid early in the year versus late in the year, bid prices will likely be lower since contractors will have sufficient time to complete the project. Please feel free to contact me if you have questions or need additional information Enclosures c: Paul Pasko, SEH John Rodeberg, SEH p: \fj\ \hutch \I124871genl \14- cotr \=w exner021511.docx APPENDIX Figure 1 — Schematic Level Water Main Lining Plan Figure 2 — Liner Insertion Pit Figure 3 —Liner Insertion Figure 4 — Water Service Lateral Reinstatement Figure 5 — Typical Traffic Control Setup Figure 6 — Temporary Water System Figure 7 - Example of a Temporary Water System Hook -up at a Private Residence I�� r ti w J lr W 0 J w w (n ,s� m SEH M1n W�mIINAtt 2041 TH 15 Water Main Lining Hutchinson, Minnesota • C,tyi_Barvw � GgYdw • YALMLNn • Anm_MH —Galiw * � � ,rvn —T„nX INiU Man —�. •mom ®6nMbsltl lnnM PA M,,.M.Tr,.,,,r�,K Figure 1 • �.w _ V Figure 2 - Liner Insertion Pit Figure 4 - Water Service Lateral Reinstatement Figure 6 - Temporary Water System Figure 3 - Liner Insertion Figure 6 - Typical Traffic Control Setup Dili Figure i - Example of a Temporary Water System book -up at a Home's Outside Spigot 9L,6) RESOLUTION NO. 13849 RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS LETTING NO.61PROJECT NO. 1"9 WHEREAS, a resolution of the City Council adopted the 25th day of January 2011, fixed a date for a Council Hearing on the following improvements: L6/P11 -09: TH 15 Water Main Lining — pavement removal /replacement, curb and gutter, draintile installation, bituminous /concrete surfacing, water main lining, water service connections, hydrantivalve removals/replacement, sidewalk repairs, traffic control, pavement markings, landscaping, restoration and appurtenances; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such improvement is necessary, cost - effective, and feasible as detailed in the feasibility report. 2. Such improvement is hereby ordered as proposed in the resolution adopted the 25th day of January, 2011. 3. Such improvement has no relationship to the comprehensive municipal plan. 4. Kent Exner is hereby designated as the engineer for this improvement. The engineer shall prepare plans and specifications for the making of such improvement. 5. The City Council declares its official intent to reimburse itself for the costs of the improvement from the proceeds of tax exempt bonds. Adopted by the Council this 22nd day of February 2011. Mayor City Administrator I15�) RESOLUTION NO. 13850 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO. 6 1PROJECT NO. 11 -09 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: L6/P11 -09: TH 15 Water Main Lining — pavement removal /replacement, curb and gutter, draintile installation, bituminous /concrete surfacing, water main lining, water service connections, hydrant/valve removals /replacement, sidewalk repairs, traffic control, pavement markings, landscaping, restoration and appurtenances; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering /Public Works shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City of Hutchinson MN until 10:00 am on Thursday, April 7th, 2011, at the Office of City Clerk, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, MN 55427 -4588, at which time they will be publicly opened and read aloud. The bids will then be tabulated and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, April 12th, 2011 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of February, 2011. City Administrator: Gary D Plotz t� Mayor: Steven W Cook q(k) RESOLUTION NO. 13850 RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS LETTING NO.B /PROJECT NO. 11 -09 WHEREAS, the Director of Engineering /Public Works has prepared plans and specifications for the following described improvement: 1-6/1311 -09: TH 15 Water Main Lining — pavement removal /replacement, curb and gutter, draintile installation, bituminous /concrete surfacing, water main lining, water service connections, hydrant/valve removals /replacement, sidewalk repairs, traffic control, pavement markings, landscaping, restoration and appurtenances; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering/Public Works shall prepare and cause to be inserted in the official newspaper and in the Construction Bulletin, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for three weeks, shall specify the work to be done, shall state that bids will be received by the City of Hutchinson MN until 10:00 am on Thursday, April 7th, 2011, at the Office of City Clerk, Golden Valley City Hall, 7800 Golden Valley Road, Golden Valley, MN 55427 -4588, at which time they will be publicly opened and read aloud. The bids will then be tabulated and the responsibility of the bidders will be considered by the Council at 6:00 pm on Tuesday, April 26th, 2011 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering /Public Works and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 22nd day of February, 2011. Mayor: Steven W Cook City Administrator: Gary D 9�O ll 111 • ' 1 ! _ II TO: Mayor and City Council FROM: Brenda Ewing, Human Resources Director Hutchinson City Center 111 Hassan Street SE Hutchinson, MN 55350 -2522 320 - 587- 5151/Fax 320.234 -4240 RE: Job Evaluation and Compensation Study Results - Update and Summary Presentation DATE: February 18, 2011 This memorandum is to inform the Council that representatives from Laumeyer Human Resources Solutions will be in attendance at the February 22 Council meeting to present the summary findings for the Job Evaluation and Compensation Study. It is anticipated that both Jim Laumeyer and Wayne Brede will attend the meeting to present the study findings to the Council and requesting acceptance of the report. Staff will also be in attendance at the meeting if you have questions for us. Printed on recycled paper - Hutchinson An Economic Development Authority MEMORANDUM Date: February 10, 2011 To: Honorable Mayor & City Council From: Miles R. Seppelt Economic Development Director RE: Farmer's Market location Honorable Mayor & City Council: After a great deal of research and review of every possible alternative, the Hutchinson Downtown Association is requesting permission to use 1" Avenue SE between Main Street and Hassan Street as the location for the 2011 Downtown Farmer's Market. Over the past few years, the Downtown Association has looked at every possible site downtown and for one reason or another they simply will not work. We realize that the 1" Avenue SE location is not ideal, but at this point it is the only workable option that we have. As a result, the HDA is asking for the use of 1" Avenue SE for the 2011 season while we continue work to find a permanent location for the Downtown Farmer's Market. I will be in attendance at the February 22nd City Council meeting to answer any questions you may have. In the meantime, if you have any questions or need additional information, please give me a call at 234 -4223 at any time. Thank you for your time and consideration. 6 CIO C Memorandum TO: Mayor and City Council Hutchinson City Center 111 Hassan Street SE Hutchi u n, MN 55350 -2522 320. 587.5151 /Fax 320. 234.4240 FROM: Jeremy J. Carter, City Administrator Daniel Hatten, Emergency Management Director /Police Chief Brenda Ewing, Human Resources Director RE: Police Department Fitness Program — Reimbursement Program DATE: February 14, 2011 At the September 23, 2003, regular City Council meeting, the Council approved a request from the Hutchinson Police Department to provide a partial reimbursement, as part of the departmental fitness program, to eligible personnel to assist in defraying the cost of health club dues. The program was for eligible licensed personnel (officers) who as part of their positions are required to maintain minimum physical fitness requirements. The reimbursement program provided for a partial reimbursement of $100 annually for personnel meeting the program requirements that include: • Employment status of licensed police officer (full time or part time) • Membership at a Hutchinson health club • Average attendance of at least three times per week • Successful completion two times per year of the department physical fitness test with a score at least 25% above the minimum requirements At the time of inception of this departmental program, there did not exist a health club reimbursement program through the City's medical insurance provider. Since that time, such programs have been instituted and our current provider, HealthPartners, offers the following to participants: Save $20 on club memberships every month, with a limit of two workout incentives per household for a maximum $40 reimbursement per month. The HealthPartners program requires that participants work out 12 days each calendar month to receive the incentive, similar to the requirement of the Police program. Participants meeting these requirements can receive a $240 or up to a $480 annual benefit through HealthPartners. Printed on recycled paper - I OC.�) A health club reimbursement program is available through our current insurer and with the other major carriers in Minnesota, in the event we would change carriers, so it is requested that the Council consider rescinding the Police Department Fitness Program reimbursement instituted in 2003. The reimbursements available through the medical providers have rendered the City's program redundant and unnecessary. If the Council has questions regarding this matter, staff will be in attendance at the February 22 meeting. Encl. � 66G-) (I lY C'OUNCIL MINUTES SEPTENIBIiR 23. 2003 (a) CONSIDERATION OF DETERMINING VALIDITY OF OBJECTION TO INCLUSION IN SPECIAL SERVICE DISTRICT NO. 1 Marc Sebora, City Attorney, explained that three property owners had submitted written objections to being included in the Special Service District, due to various reasons. which are all permissible by state statute. The properties include the Faith Lutheran Church dope Center, Dave Skoog propertv and Madson Peterson properties. The City Council needs to decide whether or not these three property wners should be included in the Special Service District. If the Council decides that they should included, the property owners have 30 days to appeal the decision to the district couri. Duane Hoversten commented that he felt the property values would increase as a whole due to bung in this district. Kay Peterson asked if a property s use would change, would that change whether or not they could be included in the Special Service District. Julie Wischnack stated that these three properties were included due to the County Assessor's commercial properties records. Marc Sebora stated that the Board governing this district will determine square footage changes. Staff used the County's category system. Motion by Arndt, second by Haugen, to leave all three properties included in the Special Service District- Peterson nay; All others voted - aye. Motion carried unanimously (b) CONSIDERATION OF A VARIANCE AND CONDITIONAL USE PERMIT REQUESTED BY ART BENJAMIN FOR CONSTRUCTION OF GARAGE ADDITION LOCATED AT 108 GROV L' STREET SW WITH STAFF RECOMMENDATION AND FAVORABLE RECOMMENDATION (ADOPT RESOLUTION NO. 12262) Motion by Peterson, second by Arndt, to approve variance and conditional use permit for Art Benjamin to construct a garage addition located at 108 Grove Street. Motion carried unanimously !c) CONSIDERATION FOR APPROVAL OF PARTIAL REIMBURSIMI SNTOFDCLSINI -11 "NESS PROGWRA i FOR HUTCHINSON POLICE OFFICERS Lt. Dave Erlandson, Interim Police Chief, presented before the Council. Lt. Erlandson explained that all officers are mandated to take a fitness test twice a year and need to achieve a minimum score. Duane I loversten questioned whether or not this money could be better spent on officers. Mayor Turgerson requested a quarterly memo reporting on the program. Motion by Peterson, second by Haugen, to approve partial reintbursernent of 5100 f'ur dues for liuic.s program for Flutchinson politic officers. Motion carved unanimously. (d) CONSIDERATION FOR APPROVAL OF SETTING LOCATION OF TRAFFIC CONTKOI, DEVICES John Rodeberg stated that these items were removed from an earlier resolution to resolve some issues. These no parking areas were re evaluated to determine how much parking would be needed in thane areas. The no parking designations on South Grade Road SW from Otter Lake to School Koad arc mainly per the request of the County Engineer. Bill Arndt asked whether or not the stretch on South Gra de Road near Lakewood llrive can beano passing zone and add more parking on South Grade Road. Mr. Podeberg will speak with the County Engineer regarding this issur. The other area is un Fifth Avenue South and the recommendation is to have no parking during the winter seaum. Motion by Peterson, second by Hoversten. to set location of traffic control devices at . Motion catrird unanimously. (e) CONSIDF' RA, rm FOR APPROVAL OFCONTRACT WITH AMERICAN SOCIETY OF CIVIL ENGINEERS FOR PEER REVIEW OF ENGINEERING/PUBLIC WORKS DEPARTMENT John Rodeberg informed the Council that this project is being expanded from the east coast. Due to 6 &-) MEMORANDUM POLICE I EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council FROM: Lt. Dave Effandson, Interim Chief 1 -: r~ DATE: September 9. 2003 RE: Fitness Program I ;;cu.. bite to request authorization to include as part of our department's fitness program tr,c on reimbursement of licensed officers health cub dues, both full and part lame Thu cwemti ew of this request would include the following: Licensed Hutchinson police officer. Membersnip at a Hutchinson health club. Average attendance of Eli least three times per weak • Successfully complete twice a year the departments physical fitness test with a score of at least 25% above the minimum requirements. • Reirnbursementwould occur at the beginning of narh ralendar year coincidIna with ;he sick leave Incentive payments, usually during the month of January Th s its mbursemenl would be for the previous year. RNimhursemenl would be in the amount of S100.00. This amount is approximately sot- iev.here between 114 to 1 5 tre yearly cost of a heahh c:ub membership. • The yearly cost to the city would be approximately $1,000 to $2,000 • The reimbursement program would not take effect until January 1, 2004 and thy. firs: payment would not occur until January 2005. I will be present at the council meeting to provide supporting information and answer any questions you might have. Thank you for your thoughtful consideration. kg 2C103 -01 -0003 16 C City of Hutchinson Public Works Department Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 February 8, 2011 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: Minnesota Department of Natural Resources (DNR) Grant The City of Hutchinson has applied for and been awarded a $25,000 grant from the DNR. The intent is to leverage available funds and utilize them, along with DNR grant funding, to accomplish these goals: I ) Plant trees of various species in an area where ash trees were removed 2) Plant boulevards with various species 3) Diversify species within mono - cultural park areas 4) To provide additional public education regarding the potential for a future emerald ash borer infestation. The project is entitled: "Hutchinson — After the Ash" The project budget is: Personnel costs: $ 8,840 Plant stock (trees): $15,777 Contractual services: $30,383 Educational costs: 500 Total project budget: $55,500 Total grant funding: $25,000 Remaining cost: $30,500 Attached are the grant documents. Staff is recommending the City Council enter into the grant contract for this project. ,ocd STATE OF MINNESOTA GENERAL OBLIGATION BOND PROCEEDS I ►It Accounting Information Agency: R29 Fiscal Year: 10 Vendor Number: 014238014 06 Total Amount of Contract: $25,000.00 Amount of First FY: Commodity Code: 023 09 Commodity Code: Commodity Code: Object Code: 5B20 Object Code: Amount: $25,000.00 Amount: Amount: Acct Dist 1: Acct Dist 2: Acct Dist 3: Fund: 500 Fund: Fund: Appr: 357 Appr: Appr: Org/Sub: 3727 Org/Sub: Org/Sub: Activity: 3505 Activity: Activity: Amount: $25,000.00 Amount: Amount: Contract Number: B52124 Begin Date: February 1. 2011 Grant Name and Address for filing and payment purposes: City of Hutchinson, 1400 Adams Street, SE Hutchinson, MN 55350 Attention: John Olson, Public Works Supervisor End Date: June 30.2012 OCR) General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting THIS AGREEMENT shall be effective as of February 1, 2011 and is between City of Hutchinson, a political subdivision of the State of Minnesota (the "Public Entity "), and the Department of Natural Resources, 500 Lafayette Road, St. Paul, MN 55155 -4044 (the "DNR'). RECITALS A. The DNR has created and is operating a diseased shade tree removal and replacement program (the "State Program') under the authority granted by Laws 2008, ch. 179, sec. 7, subdiv. 21 (the "State Program Enabling Legislation "). Under the State Program, the recipients of a grant must use such funds to identify, remove, dispose of and replace dead or dying shade trees located on public property that are lost to forest pests or disease. B. Under the State Program, the DNR is authorized to provide grants that are funded with proceeds of state general obligation bonds authorized to be issued under Article XI, Sec. 5(a) of the Minnesota Constitution. C. The Public Entity submitted a grant application to the DNR (the "Grant Application' attached as Attachment III in which the Public Entity requested a grant from the State Program, the proceeds of which will be used for the purposes set forth in such grant application. D. The Public Entity has been selected by the DNR for a receipt of a grant ' fiom the State Program in an amount of $25,000.00 (the "Program Grant "), which proceeds must be used by the Public Entity to perform those functions and activities imposed by the DNR under the State Program and set forth in the Grant Application. E. The Public Entity's receipt and use of the Program Grant to improve real property (the "Real Property") will cause the Public Entity's ownership interest in all of the Real Property to become "state bond financed property ", as such term is used in Minn. Stat. Sec. 16A.695 and in the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of Minnesota Management and Budget ("MMB') and dated August 26, 2010, as amended, even if such funds are being used to improve only a portion of the Real Property. G. The Public Entity and the DNR desire to set forth herein the provisions relating to the granting and disbursement of the Program Grant to the Public Entity and the operation of the Real Property. 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 forth below, unless the context specifically indicates otherwise: ioW "Agreement" - means this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting. "Certification" — if applicable, means a certification in the form attached as Attachment 1A, in which the Public Entity acknowledges that its interest in all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Code" - means the Internal Revenue Code of 1986, as amended from time to time, and all treasury regulations, revenue procedures and revenue rulings issued pursuant thereto. "Commissioner's Order" - means the "Third Order Amending Order of the Commissioner of Finance Relating to Use and Sale of State Bond Financed Property" executed by the Commissioner of MMB and dated August 26, 2010, as amended. "Declaration" - if applicable, means a declaration in the form attached as Attachment 1B, indicating that the Public Entity's ownership interest in the all or part of the Real Property is bond financed property within the meaning of Minn. Stat. Sec. 16A.695 and is subject to certain restrictions imposed thereby. "Event of Default" - means one or more of the events set forth in Section 2.05. "G.O. Bonds" - means that portion of the state general obligation bonds issued under the authority granted in Article XI, Sec. 5(a) of the Minnesota Constitution, the proceeds of which are used to fund the Program Grant, and any bonds issued to refund or replace such bonds. "Project" - means the Public Entity's identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease. "Public Entity" - means the entity identified as the "Public Entity" in the lead -in paragraph of this Agreement. "Real Property" - means the real property located in the County of McLeod, State of Minnesota, legally described in Exhibit A to the Certification attached as Attachment 1A and/or generally described in Exhibit A to the Declaration attached as Attachment 1B. "Useful Life of the Real Property" - means 30 years. Article II GRANT Section 2.01 Grant of Monies. The DNR shall make the Program Grant to the Public Entity and disburse the proceeds in accordance with the provisions of this Agreement. The Program Grant is not intended to be a loan even though the portion thereof that is disbursed may need to be returned to the DNR or the Commissioner of MMB under certain circumstances. Section 2.02 Public Ownership. The Public Entity acknowledges and agrees that the Program Grant is being funded with the proceeds of G.O. Bonds, and as a result thereof all of the Real Property must be owned by one or more public entities. Such ownership may be in the form of fee ownership and/or an easement. In order to establish that this public ownership requirement is satisfied, the Public Entity represents and wan-ants to the DNR that it has, or will acquire, a fee simple and/or an easement o() ownership interest in the Real Property, and, in addition, that it possesses, or will possess, all easements necessary for the operation, maintenance and management of the Real Property. Section 2.03 Use of Grant Proceeds. The Public Entity shall use the Program Grant solely to reimburse itself for expenditures it has already made, or will make, for identification, removal, disposal of and replacement of dead or dying shade trees located on the Real Property that are lost to forest pests or disease, and may not use the Program Grant for any other purpose. Section 2.04 Public Entity Representations and Warranties. The Public Entity represents and warrants to the DNR as follows: A. It has legal authority to enter into, execute, and deliver this Agreement and all documents referred to herein, and it has taken all actions necessary to its execution and delivery of such documents. B. It has legal authority to use the Program Grant for the purposes described in the State Program Enabling Legislation. C. It has legal authority to operate the State Program and the Real Property for the purposes required by the State Program and for the functions and activities proposed in the Grant Application. D. This Agreement and all other documents referred to herein are the legal, valid and binding obligations of the Public Entity enforceable against the Public Entity in accordance with their terms. E. It will comply with all of the terms and conditions of this Agreement and all other documents referred to herein. F. It will comply with all of the provisions and requirements of Minn. Stat. Sec. 16A.695, the Commissioner's Order, and the State Program. G. It has made no material false statement or misstatement of fact in connection with its receipt of the Program Grant, and all of the information it has submitted or will submit to the DNR or the Commissioner of MMB relating to the Program Grant or the disbursement of the Program Grant is and will be true and correct. H. 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, or its ownership interest therein, 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 Certification and/or the Declaration, or any document referred to herein, or to perform any of the acts required of it in such documents. 1. Neither the execution and delivery of this Agreement, the Certification and/or 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. (')�) J. The contemplated use of the Real Property will not violate any applicable zoning or use statute, ordinance, building code, rule or regulation, or any covenant or agreement of record relating thereto. K. The Project has been or will be completed in full compliance with all applicable laws, rules, ordinances, and regulations issued by any federal, state, or local political subdivisions having jurisdiction over the Project. L. All applicable licenses, permits and bonds required for the performance and completion of the Project have been, or will be, obtained. M. It has complied with the matching funds requirement contained in Section 6.20. N. It will not, without the prior written consent of the DNR and the Commissioner of MMB, allow any voluntary lien or encumbrance or involuntary lien or encumbrance that can be satisfied by the payment of monies and which is not being actively contested to be created or exist against the Public Entity's ownership interest in the Real Property, whether such lien or encumbrance is superior or subordinate to the Declaration (if applicable). O. It reasonably expects to possess the ownership interest in the Real Property described in Section 2.02 for the entire Useful Life of the Real Property, and it does not expect to sell such ownership interest. P. It will supply whatever funds are needed above and beyond the amount of the Program Grant to complete and fully pay for the Project. Q. For that portion of the Real Property (if any) as to which the State Entity or the Public Entity has received a waiver from MMB of the requirement that the Public Entity record a Declaration pursuant to Section 6.02(b) of the Commissioner's Order, the Public Entity will promptly execute a Certification and deliver a copy thereof to the DNR and to MMB (attention: Capital Budget Coordinator). For that portion of the Real Property (if any) as to which the Public Entity has not received a waiver from MMB of the requirement that it record a Declaration, it has or will promptly record a fully executed Declaration with the appropriate governmental office and deliver a copy thereof to the DNR and to MMB that contains all of the recording information. R. It shall furnish such satisfactory evidence regarding the representations and warranties described herein as may be required and requested by either the DNR or the Commissioner of MMB. Section 2.05 Events of Default. The following events shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement upon either the DNR or the Commissioner of MMB giving the Public Entity 30 days written notice of such event and the Public Entity'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 be cured within 30 days as long as the Public Entity 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 unless otherwise consented to, in writing, by the DNR and the Commissioner of MMB. A. If any representation, covenant, or warranty made by the Public Entity in this Agreement, in any other document furnished pursuant to this Agreement, or in order to induce the 10(J) DNR to disburse any of the Program Grant, 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 Public Entity fails to fully comply with any provision, condition, covenant, or warranty contained in this Agreement, the Certification and/or the Declaration, or any other document referred to herein. C. If the Public Entity fails to fully comply with any provision, condition, covenant, or warranty in Minn. Stat. Sec. 16A.695, the Commissioner's Order, or the State Program Enabling Legislation. D. If the Public Entity fails to provide and expend the full amount of the matching funds required for the Project under Section 6.20. E. If the Public Entity fails to deliver the Certification and/or record and deliver the Declaration described in Section 2.04.Q. Notwithstanding the foregoing, any of the events set forth above that cannot be cured shall, unless waived in writing by the DNR and the Commissioner of MMB, constitute an Event of Default under this Agreement immediately upon either the DNR or the Commissioner of MMB giving the Public Entity written notice of such event. 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 DNR, the DNR or the Commissioner of MMB may enforce any or all of the following remedies. A. The DNR may refrain from disbursing the Program Grant; provided, however, the DNR may make such disbursements after the occurrence of an Event of Default without thereby waiving its rights and remedies hereunder. B. If the Event of Default involves a failure to comply with any of the provisions contained herein other then the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Outstanding Balance of the Program Grant be returned to it, and upon such demand the Public Entity shall return such amount to the Commissioner of MMB. C. If the Event of Default involves a failure to comply with the provisions contained in Sections 4.01 or 4.02, then the Commissioner of MMB, as a third party beneficiary of this Agreement, may demand that the Public Entity pay the amounts that would have been paid if there had been full and complete compliance with such provisions, and upon such demand the Public Entity shall,pay such amount to the Commissioner of MMB. D. Either the DNR or the Commissioner of MMB, 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 DNR or the Commissioner of MMB would otherwise possess. If the Public Entity does not repay the amounts required to be paid under this Section or under any other provision of this Agreement within 30 days of demand by the Commissioner of MMB, or any H amount ordered by a court of competent jurisdiction within 30 days of entry of judgment against the Public Entity and in favor of the DNR and/or the Commissioner of MMB, then such amount may, unless precluded by law, be taken from or offset against any aids or other monies that the Public Entity is entitled to receive from the State of Minnesota. Section 2.07 Notification of Event of Default. The Public Entity shall furnish to the DNR and the Commissioner of MMB, as soon as possible and in any event within 7 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 giving of notice or upon the lapse of time or both would constitute an Event of Default and the action which the Public Entity proposes to take with respect thereto. Section 2.08 Survival of Event of Default. This Agreement shall survive any and all Events of Default and remain in full force and effect even upon the payment of any amounts due under this Agreement, and shall only terminate in accordance with the provisions contained in Section 2.10 and at the end of its term in accordance with Section 2.09. Section 2.09 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 to the date on which the Real Property is fust used for the operation of the Governmental Program 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 Commissioner of MMB shall execute whatever documents are needed to release the Real Property from the effect of this Agreement and the Declaration, if any. Section 2.10 Modification and /or Early Termination of Grant. If the full amount of the Program Grant has not been disbursed on or before the date that is 5 years from the effective date of this Agreement, or such later date to which the Public Entity and the DNR may agree in writing, then the DNB's obligation to fund the Program Grant shall terminate. In such event, (i) if none of the Program Grant has been disbursed by such date, then the DNR's obligation to fund any portion of the Program Grant shall terminate and this Agreement shall terminate, and (ii) if some but not all of the Program Grant has been disbursed by such date, then the DNR shall have no further obligation to provide any additional funding for the Program Grant and this Agreement shall remain in full force and effect. This Agreement shall also terminate upon the Public Entity's sale of its ownership interest in the Real Property in accordance with the provisions of Article III and transmittal of all or a portion of the proceeds of such sale to the Commissioner of MMB in compliance with Article III, or upon the termination of Public Entity's ownership interest in the Real Property if such ownership interest is by way of an easement. Upon such termination the DNR shall execute, or have executed, and deliver to the Public Entity such documents as are required to release the Public Entity's ownership interest in the Real Property, from the effect of this Agreement, the Certification and/or the Declaration. Section 2.11 Excess Funds. If the full amount of the Program Grant and matching funds referred to in Section 6.20, if any, are not needed to complete the Project, then, unless language in the State Program Enabling Legislation indicates otherwise, the Program Grant shall be reduced by the amount not needed. 1 oW Article III SALE The Public Entity shall not sell any part of its ownership interest in the Real Property unless all of the following have been complied with fully: (i) the sale is made as authorized by law, (ii) the sale is for fair market value (as defined in the Commissioner's Order), and (iii) the written consent of the Commissioner of MMB has been obtained. The proceeds of any such sale shall be distributed as set forth in Minn. Stat. Sec. 16A.695 and the Commissioner's Order. Article IV COMPLIANCE WITH MINN. STAT. SEC. 16A.695 AND THE COMMISSIONER'S ORDER Section 4.01 State Bond Financed Property. The Public Entity and the DNR acknowledge and agree that the Public Entity's ownership interest in the Real Property is, or when acquired by the Public Entity will be, "state bond financed property", as such term is used in Minn. Stat. Sec. 16A.695 and the Commissioner's Order, and, therefore, the provisions contained in such statute and order apply, or will apply, to the Public Entity's ownership interest in the Real Property. Section 4.02 Preservation of Tax Exempt Status. In order to preserve the tax - exempt status of the G.O. Bonds, the Public Entity agrees as follows: A. It will not use the Real Property or use or invest the Program Grant or any other sums treated as "bond proceeds" under Section 148 of the Code including "investment proceeds," "invested sinking funds," and "replacement proceeds," in such a manner as to cause the G.O. Bonds to be classified as "arbitrage bonds" under Section 148 of the Code. B. It will deposit into and hold all of the Program Grant that it receives under this Agreement in a segregated non - interest bearing account until such funds are used for payments for the Project in accordance with the provisions contained herein. C. It will, upon written request, provide the Commissioner of MMB all information required to satisfy the informational requirements set forth in the Code including, but not limited to, Sections 103 and 148 thereof, with respect to the GO Bonds. D. It will, upon the occurrence of any act or omission by the Public Entity or any Counterparty, that could cause the interest on the GO Bonds to no longer be tax exempt and upon direction from the Commissioner of MMB, take such actions and fumish such documents as the Commissioner of MMB determines to be necessary to ensure that the interest to be paid on the G.O. Bonds is exempt firom federal taxation, which such action may include either. (i) compliance with proceedings intended to classify the G.O. Bonds as a "qualified bond" within the meaning of Section 141(e) of the Code, (ii) changing the nature or terns of the Use Contract so that it complies with Revenue Procedure 97 -13, 1997 -1 CB 632, or (iii) changing the nature of the use of the Real Property so that none of the net proceeds of the G.O. Bonds will be used, directly or indirectly, in an "unrelated trade or business" or for any "private business use" (within the meaning of Sections 141(b) and 145(a) of the Code), or (iv) compliance with other Code provisions, regulations, or revenue procedures which amend or supersede the foregoing. E. It will not otherwise use any of the Program Grant, including earnings thereon, if any, or take or permit to or cause to be taken any action that would adversely affect the exemption from federal income taxation of the interest on the G.O. Bonds, nor omit to take any action necessary to OLJ) maintain such tax exempt status, and if it should take, permit, omit to take, or cause to be taken, as appropriate, any such action, it shall take all lawful actions necessary to rescind or correct such actions or omissions promptly upon having knowledge thereof. Section 4.03 Changes to Minn. Stat. Section 16A.695 or the Commissioner's Order. If the G.O. Compliance Legislation or the Commissioner's Order is amended in a manner that reduces any requirement imposed against the Public Entity, or if the Public Entity's ownership interest in the Real Property is exempt from the G.O. Compliance Legislation and the Commissioner's Order, then upon written request by the Public Entity the DNR shall enter into and execute an amendment to this Agreement to implement herein such amendment to or exempt the Public Entity's ownership interest in the Real Property from Minn. Stat. Sec. 16A.695 or the Commissioner's Order. Article V DISBURSEMENT OF GRANT PROCEEDS Section 5.01 Disbursement of Grant. Upon compliance with all of the conditions set forth in Section 5.02, the DNR shall disburse the Program Grant to the Public Entity in one lump sum. The DNB's obligation to disburse any of the Program Grant shall terminate as of the date specified in sueh Section even if the entire Program Grant has not been disbursed by such date. The Program Grant shall only be for expenses that (i) are for those items of a capital nature for the Project, (ii) accrued no earlier than the effective date of the legislation that appropriated the funds that are used to fund the Program Grant, or (iii) have otherwise been consented to, in writing, by the DNR and the Commissioner of WAR Section 5.02 Conditions Precedent to Disbursement of Grant. The obligation of the DNR to disburse the Program Grant to the Public Entity is subject to the following conditions precedent: A. The DNR shall have received a request for disbursement of the Program Grant specifying the amount of funds being requested, which such amount shall not exceed the amount of the Program Grant set forth in Recital D. B. The DNR shall have received a duly executed Certification and/or Declaration that has been duly recorded in the appropriate governmental office, with all of the recording information displayed thereon. C. The DNR shall have received evidence acceptable to the DNR that (i) the Public Entity has legal authority to and has taken all actions necessary to enter into this Agreement, the Certification and/or the Declaration, and (ii) this Agreement, the Certification and/or and the Declaration are binding on and enforceable against the Public Entity. D. The DNR shall have received evidence acceptable to the DNR that the Public Entity has completely paid for the Project and all other expenses that may occur in conjunction therewith. E. The DNR shall have received evidence acceptable to the DNR that the Public Entity is in compliance with the matching funds requirements in Section 6.20, if any, and that all of such matching funds have been expended for the Project. F. The DNR shall have received evidence acceptable to the DNR that all required permits, bonds and licenses necessary for 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 0 ,o(cl) those permits, bonds and licenses which in the ordinary course of business would normally not be obtained until a later date. G. 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. H. The Public Entity has supplied to the DNR all other items that the DNR may reasonably require. Article VI MISCELLANEOUS Section 6.01 Condemnation. If after the Public Entity has acquired the ownership interest set forth in Section 2.02, all or any portion of the Real Property is condemned, any condemnation proceeds which are not used to acquire an interest in additional real property needed by the Public Entity to continue its use of the remaining Real Property shall be applied in accordance with Minn. Stat. Sec. 16A.695 and the Commissioner's Order as if the condemned portion of the Public Entity's ownership interest in the Real Property had been sold. If the Public Entity elects to sell its ownership interest in the remaining portion of the Real Property, 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 Minn. Stat. Sec. 16A.695 and the Commissioner's Order, with the condemnation proceeds being so applied within a reasonable time period from the date they are received by the Public Entity. As recipient of any of the condemnation proceeds referred to herein, the DNR agrees to and will disclaim, assign or pay over to the Public Entity all of such condemnation proceeds it receives so that the Public Entity can comply with the requirements of this Section. Section 6.02 Record Keeping and Reporting. The Public Entity shirll maintain books, records, documents and other evidence pertaining to the costs or expenses associated with the Project needed to comply with the requirements of this Agreement, Minn. Star. Sec. 16A.695, the Commissioner's Order, and the State Program Enabling Legislation, and upon request shall allow or cause the entity which is maintaining such items to allow the DNR auditors for the DNR, the Legislative Auditor for the State of Minnesota, or the State Auditor for the State of Minnesota, to inspect, audit or copy all of such items. The Public Entity shall use generally accepted accounting principles in the maintenance of such items, and shall retain all of such items for a period of 6 years from the date that the Project is fully completed. Section 6.03 Inspections by DNR. Upon reasonable request by the DNR and without interfering with the normal use of the Real Property, the Public Entity shall allow the DNR to inspect the Real Property. Section 6.04 Data Practices. The Public Entity agrees with respect to any data that it possesses regarding the Program Grant or the Project to comply with all of the provisions of the Minnesota Government Data Practices Act contained in Mirm. Stat. Chapter 13. Section 6.05 Non - Discrimination. The Public Entity agrees to not engage in discriminatory employment practices regarding the Project, and it shall fully comply with all of the provisions contained in Minn. Star. Chapters 363A and 181. 10 lo(j) Section 6.06 Worker's Compensation. The Public Entity agrees to comply with all of the provisions relating to worker's compensation contained in Minn. Star. Secs. 176.181 solid. 2 and 176.182 with respect to the Project. Section 6.07 Antitrust Claims. The Public Entity hereby assigns to the DNR and the Commissioner of MMB all claims it may have for over charges as to goods or services provided with respect to the Project, and operation or management of the Real Property that arise under the antitrust laws of the State of Minnesota or of the United States of America. Section 6.08 Legislative Notification. Prior to beginning work on the Project, the Public Entity shall notify the Chairs of the Minnesota State Senate Finance Committee, the Minnesota House of Representatives Capital Investment Committee and the Minnesota House of Representatives Ways and Means Committee that the work to be performed is ready to begin. Section 6.09 Prevailing Wages. The Public Entity agrees to comply with all of the applicable provisions contained in Minn. Stat. Chapter 177, and specifically those provisions contained in Minn. Stat. Secs. 177.41 through 177.435 with respect to the Project. Section 6.10 Liability. The Public Entity and the DNR agree that they will be responsible for their own acts and the results thereof to the extent authorized by law, and neither shall be responsible for the acts of the other party and the results thereof. The liability of the DNR and the Commissioner of MMB is governed by the provisions contained in Minn. Stat. Sec. 3.736. If the Public Entity is a "municipality" as such term is used in Minn. Stat. Chapter 466, then the liability of the Public Entity is governed by the provisions of such Chapter 466. Section 6.11 Itelationship of the Parties. Nothing 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 Public Entity, the DNR, or the Commissioner of MMB, nor shall the Public Entity be considered to be an agent, representative, or employee of the DNR, the Commissioner of MMB, or the State of Minnesota in the performance of this Agreement, the Project, or operation of the Real Property. The Public Entity represents that it has already or will secure all personnel required for the performance of this Agreement and the Project. All personnel of the Public Entity or other persons while engaging in the performance of this Agreement and the Project shall have no contractual relationship with the DNR, the Commissioner of MMB, 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 Public Entity, its officers, agents, contractors, or employees shall in no way be the responsibility of the DNR, the Commissioner of MMB, 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 the DNR, the Commissioner of MMB, 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 6.12 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: 11 � C) (J) To the Public Entity at: City of Hutchinson, 1400 Adams Street, SE Hutchinson, MN 55350 Attention: John Olson, Public Works Supervisor To the DNR at: Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 Attention: Ken Holman, Community Forest Program Coordinator To the Commissioner of MAO at: Minnesota Department of Management and Budget 400 Centennial Office Bldg. 658 Cedar St. St. Paul, MN 55155 Attention: Commissioner Section 6.13 Binding Effect and Assignment or Modification. This Agreement and the Certification and/or the Declaration shall be binding upon and inure to the benefit of the Public Entity and the DNR, and their respective successors and assigns. Provided, however, that nbither the Public Entity nor the DNR 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 Certification and/or the Declaration shall be binding on either the Public Entity or the DNR unless such change or modification is in writing and signed by an authorized official of the party or against which such change or modification is to be imposed. Section 6.14 Waiver. Neither the failure by the Public Entity, the DNR, or the Commissioner of MMB, 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 Public Entity, the DNR, or the Commissioner of MMB, 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 the Public Entity, the DNR, or the Commissioner of MMB, 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 6.15 Entire Agreement. This Agreement, the Certification and/or the Declaration, and the documents, if any, referred to and incorporated herein by reference embody the entire agreement between the Public Entity and the DNR, and there are no other agreements, either oral or written, between the Public Entity and the DNR on the subject matter hereof. Section 6.16 Choice of Law and Venue. All matters relating to the validity, construction, performance, or enforcement of this Agreement or the Certification and/or the Declaration shall be determined in accordance with the laws of the State of Minnesota. All legal actions initiated with respect 12 J 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 6.17 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 6.18 Time of Essence. Time is of the essence with respect to all of the matters contained in this Agreement. Section 6.19 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. Section 6.20 Matching Funds. The Public Entity must obtain and supply the following matching funds for the Project: None. Section 6.21 Source and Use of Funds. The Public Entity represents to the DNR and the Commissioner of MMB 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. B. The source and amount of all funds needed to complete the Project, including: (i) State funds including the Program Grant, (ii) Matching funds, (iii) Other funds supplied by the Public Entity, (iv) Loans, identifying each such loan and all collateral pledged for repayment of each such loan and (v) Other 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. Previously paid project expenses (that is, project expenses paid before the effective date of this Agreement) that are to be reimbursed and paid from proceeds of the Program Grant may only be included as a source of funds and included in Attachment III if such items have been approved, in writing, by the Commissioner of MMB. If any of the funds included under the source of funds have conditions precedent to the release of such funds, the Public Entity must provide to the DNR and the Commissioner of MMB a detailed description of such conditions and what is being done to satisfy such conditions. The Public Entity shall also supply whatever other information and documentation that the DNR or the Commissioner of MMB may request to support or explain any of the information contained in Attachment III. Section 6.22 Third -Party Beneficiary. The State Program will benefit the State of Minnesota and the provisions and requirements contained herein are for the benefit of both the DNR and the State of 13 �oCd) Minnesota. Therefore, the State of Minnesota, by and through the Commissioner of MME, is a third - party beneficiary of this Agreement. Section 6.23 Public Entity Tasks. Any tasks that this Agreement imposes upon the Public Entity may be performed by such other entity as the Public Entity may select or designate, provided that the failure of such other entity to perform said tasks shall be deemed to be a failure to perform by the Public Entity. Section 6.24 DNR and Commissioner Required Acts and Approvals. The DNR and the Commissioner of MMB shall not (i) perform any act herein required or authorized by it in an unreasonable manner, (ii) unreasonably refuse to perform any act that it is required to perform hereunder, or (iii) unreasonably refuse to provide or withhold any approval that is required of it herein. Section 6.25 E- Verification. The Public Entity agrees and acknowledges that it is aware of Governor's Executive Order 08 -01 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 order and impose a similar requirement in any Use Agreement to which it is a party. Section 6.26 Additional Requirements. The Public Entity and the DNR 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: NONE (The remainder of this page was intentionally left blank) 14 I o (d) IN TESTIMONY HEREOF, the Public Entity and the DNR have executed this General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting under the diseased shade tree removal and replacement program on the day and date indicated immediately below their respective signatures. PUBLIC ENTITY: City of Hutchinson, a political subdivision of the State of Minnesota By: Name: Its: Dated: By: Name: Its: Dated: STATE ENTITY: DEPARTMENT OF NATURAL RESOU By: Name: Robert Tomlinson Its: Assistant Director, Division of Forestry Dated: c unting Officer Senior 3 Dated: 11z q/ f CFMS Contract #B52124 15 () 4 ATTACHMENT IA CERTIFICATION State of Minnesota General Obligation Bond Financed Property The undersigned has a fee simple and/or easement interest in the real property located in the County of McLeod, State of Minnesota that is generally described or illustrated graphically in Exhibit A attached and all facilities situated thereon (the "Restricted Property ") and acknowledges that the Restricted Property is State bond - financed property. The undersigned acknowledges that: A. The Restricted Property is state bond financed property within the meaning of Minn. Stat. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget; B. The Restricted Property is subject to the provisions of the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and dated . and C. The Restricted Property shall continue to be deemed state bond financed property for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget. Date: , 20 City of Hutchinson, a political subdivision of the State of Minnesota Lo Name: Title: By: Name: Title: 16 ioW> Exhibit A to Certification GENERAL DESCRIPTION OF RESTRICTED PROPERTY [Insert a narrative or graphic description of the Restricted Property. It need not be a legal description.] 17 K o1 xqu, 1,StUNd1:] DECLARATION State of Minnesota General Obligation Bond Financed Property The undersigned has the following interest in the real property located in the County of McLeod, State of Minnesota that is legally described in Exhibit A attached and all facilities situated thereon (collectively referred to as the "Restricted Property"): (Check the appropriate box.) a fee simple title, or Elan easement, and as owner of such fee title or easement, does hereby declare that such interest in the Restricted Property is hereby made subject to the following restrictions and encumbrances: A. The Restricted Property is bond financed property within the meaning of Minn. Star. Sec. 16A.695, is subject to the encumbrance created and requirements imposed by such statute, and cannot be sold, mortgaged, encumbered or otherwise disposed of without the approval of the Commissioner of Minnesota Management and Budget, which approval must be evidenced by a written statement signed by said commissioner and attached to the deed, mortgage, encumbrance or instrument used to sell or otherwise dispose of the Restricted Property; and B. The Restricted Property is subject to all of the terms, conditions, provisions, and limitations contained in the General Obligation Bond Proceeds Grant Agreement for Tree Removal and Replanting between the Department of Natural Resources and dated (the "G.O. Grant Agreement "). The Restricted Property shall remain subject to this State of Minnesota General Obligation Bond Financed Property Declaration for 125% of the useful life of the Restricted Property or until the Restricted Property is sold with the written approval of the Commissioner of Minnesota Management and Budget, at which time it shall be released therefrom by way of a written release in recordable form signed by both the Commissioner of the Department of Natural Resources and the Commissioner of Minnesota Management and Budget, and such written release is recorded in the real estate records relating to the Restricted Property. This Declaration may not be terminated, amended, or in any way modified without the specific written consent of the Commissioner of Minnesota Management and Budget. 18 I () W) City of Hutchinson, a political subdivision of the State of Minnesota By: Name: Title: Dated: 20 STATE OF MINNESOTA ) ) ss: COUNTY OF ) The foregoing instrument was acknowledged before me this day of . by , the of a political subdivision of the State of Minnesota. This instrument was drafted by: Ken Holman Community Forest Program Coordinator Minnesota Department of Natural Resources Division of Forestry 500 Lafayette Road St. Paul, MN 55155 19 Notary Public MI Exhibit A to Declaration LEGAL DESCRIPTION OF RESTRICTED PROPERTY 20 � C) �J) ATTACFEWENT H SOURCE AND USE OF FUNDS FOR THE PROJECT Source of Funds Use of Funds Identify Source of Funds Amount State GO Funds Progrmn Grant $ Other State Funds Subtotal $ Matching Funds Subtotal $ Other Public Entity Funds _ Subtotal Loans Subtotal $ Other Funds ------ ---- -- - -- Subtotal $ i Prepaid Project ExEeuses Subtotal $ TOTAL FUNDS -- -- $ — 21 (0 LJ) F, _ ru1_ .J ii_ GRANT APPLICATION 22 MINUTES Parks, Recreation & Community Education Advisory Board January 3, 2011 Members present were Jim Waldron, Mike Retterath, John Rodeberg, Byron Bettenhausen, Eric Opland, Elizabeth Hanninen and Mary Christensen. Also present were Dolf Moon and Karen McKay. The meeting was called to order at 5:15 pm. A motion was made by Mike Retterath and seconded by Jim Waldron to approve the minutes dated December 6, 2010. The board unanimously agreed. Byron Bettenhausen was welcomed to the PRCE Advisory Board. There is still an opening for a community member at large as Mary takes over as the new City Council representative. OLD BUSINESS Comprehensive Plan 2011 — A comprehensive plan for the City was done in 2000, but the current park plan is from 1979. A new plan is expected to be completed in 18 months. The board received a copy of the goal statements for Parks and Recreation/Community Education. Meetings will begin in February to rank the statements in order of importance to our community and develop strategies. Community Education Legislative Platform — Dolf is on a statewide committee. The Adult Basic Education or ABE costs approximately $668 annually per adult to operate. Hutchinson has an excellent instructor, Julie Mischke, who encourages her students. Skate Park/Tunnel Lighting — The lighting project in the skate park will be funded partially by the users of the park. $2,200 will come from the capital expenditures budget. An actuator will be set to turn off the lights at 10 pm; the lights will not be turned on during the winter months. Three lights will be installed in the tunnel beneath School Road; one on each end and one in the middle. 2011 Park & Recreation Budget — The PRCE projected budget of $1,036,372 for 2011 is $38,000 less than the 2010 budget. In Recreation there are 20 fewer adult volleyball teams registered for the winter season. It is thought that perhaps businesses may have cut their sponsorships. NEW BUSINESS Snow Removal — City crews have been clearing snow 40 out of the last 49 days. It will be a challenge to find a place to haul all the snow. With the recent rain, the snow piles have decreased. Hutchinson does a good job of snow removal. Recreation Center Concession Upgrade — A $3,000 facelift is taking place in the concession stand with the addition of a three bay stainless sink, a hand wash station and an NSF freezer. The floor will be sealed and the walls painted. These improvements are being done per health inspector recommendations. l I lA) MINUTES PRCE Advisory Board January 3, 2011 Page two 3M Tree Planting — Trees and shrubs will be planted at and around the 3M entrance on 5`h Avenue SE near Arbor Day. Parks Supervisor, Sara Witte has met with the Forester and 3M representatives to organize the planting of the 149 pieces and review safety issues. District Strategic Plan — Dolf will be meeting with Darin VanderHeiden; Superintendent of Schools, Brian Mohr; Director of Buildings and Grounds and the Finance Director to begin the strategic plan process. The focus is centered on the grounds of the schools. An example of issues addressed will include costs, a maintenance plan and irrigation of fields. Users will be defined by surveying coaches, Phy Ed teachers and the community. Policies will be developed including rules for user groups, damages to fields and the track and care of the fields. BOARD MEMBER ITEMS The next meeting will be Monday, February 7`h the PRCE staff will be at the March meeting to present the Year End Report, ADJOURNMENT The meeting was adjourned at 6:05 pm by a motion made by John Rodeberg and seconded by Mary Christensen. The Board unanimously agreed. MINUTES HUTCHINSON AREA JOINT PLANNING BOARD Wednesday, October 20, 2010 Hutchinson City Council Chambers CALL TO ORDER 5:30 P.M. The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members present: Tom Wirt, Larry Karg, Grant Knutson, and Chairman Lauer. Absent: Jim Haugen and Garrett Luthens Also present: Larry Gasow, McLeod County Zoning Administrator, Dan Jochum, City Planning Director, Marc Telecky, McLeod County Assistant Zoning Administrator and Bonnie Baumetz, Planning Coordinator 2. APPROVAL OF MINUTES a) Consideration of Minutes dated September 15, 2010. Mr. Wirt made a motion to approve the minutes of September 15, 2010. Seconded by Mr. Karg the motion carried unanimously. 3. PUBLIC HEARINGS a) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY STRUCTURE IN THE FRONT YARD LOCATED IN ACOMA TOWNSHIP, SECTION 35, BACHMANS 1ST ADDITION, AT 19261 TURNER AVENUE REQUESTED BY TERRENCE BURICH Chairman Lauer opened the hearing at 5:30 p.m. with the reading of publication # 7838 published in the Hutchinson Leader on Thursday, October 7, 2010. Mr. Gasow commented on the request for a conditional use permit to place a 26' x 30' storage shed within the front yard setback on the inside curve of 192nd Street and Turner Avenue within the R -1 Residential District of Bachman's First Addition. He explained the existing land use is rural residential. The adjacent zoning and land use is residential, fringe commercial and church. The lot is located on an inside curvature of a road that goes around the outside of the lot. He explained that Mr. Bunch has an existing house located 108 feet from the centerline of Turner Avenue. Turner Avenue /192nd Street are roads servicing a subdivision which allows for the setback to be 77 feet from the centerline. Mr. Bunch proposes to construct his shed 85 feet from the centerline meeting the 77 foot setback. His house is 108 feet from the centerline which becomes the setback distance for all detached accessory structures. Staff recommends approval of the request as it will not create a site clearance issue for traffic and due to other circumstances with the location of trees, tank and mound area there are no other options that would meet the requirements from the road. Discussion followed on the placement of the shed behind the windbreak. Mr. Karg stated Acoma Township has no problem with this request. Mr. Burich explained the access will not be used on a daily basis. Mr. Wirt moved to close the hearing. Seconded by Mr. Karg, the hearing closed at 5:35 p.m. Mr. Karg made a motion to approve the request with staff recommendations. Seconded by Mr. � � LL) Minutes Joint Planning Board - October 20, 2010 Page 2 Knutson, the motion carried unanimously. Mr. Gasow stated this item would be forwarded to the County Board and placed on their consent agenda November 2, 2010. 4. NEW BUSINESS 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) Mr. Jochum reported on the City Comprehensive Plan process. He explained he would like to begin the project in January, 2011. 7. ADJOURNMENT There being no further business Mr. Knutson moved to adjourn the meeting, seconded by Mr. Wirt the meeting adjourned at 5:39 p.m. I I CL) Planning, Zoning, and Building Dept. Monthly Report January 2011 Building Department Permit Activities Planning. Zoning, and Building Department — Other Activities Facilities ManagementiMaintenance Activities: Evergreen Meals served in December, 2010 Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 112010 ��%4 1 20 0 Year to Date to 04, e, Total Number Inspections 32 36 12/6-12/10 240 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial new 0 0 0 0 Commercial Additions/ Remodels 9-$727,500 6—$54,200 9-$727,500 6—$54,200 Industrial new 0 0 0 0 Industrial Additions/Remodels 0 0 0 0 Fire Sprinkling 0 0 0 0 Total New Residential Units (Single Family, twins, townhomes) 0 0 0 0 Residential misc. (additions, repairs, remodels, etc) 2-$4,000 10-$67,000 2-$4,000 10-$67,000 Set fee permits (reside, reroof, window replacement, misc.)* 6 10 6 10 HRA Building Permits Subtotal Building Permits: $731,500 $121,200 $731,500 $121,200 Mechanical 9-$18,000 10-$24,531 9-$18,000 10,- $24,531 Plumbing* 2 3 2 3 Signs* 1 6 1 6 Total Permits issued and valuation 29 - $749,500, 46 - $145,731 29 - $749,600 45 - $145,731 * Set fees not included in valuation Planning. Zoning, and Building Department — Other Activities Facilities ManagementiMaintenance Activities: Evergreen Meals served in December, 2010 Park Silver Week Of Hutchinson Towers Lake Glencoe Brownton Stewart 12J1-12/3 194 101 47 ill 32 36 12/6-12/10 240 161 90 135 66 55 12/13-12/17 211 164 60 112 44 40 12/20-12124 250 165 73 140 50 32 12/27-12/31 224 ill 55 128 40 39 Total 1,119 702 325 6261 2321 2012 Total Meals served in December 3206 Sites were closed December 20 and 31 Planning, Zoning, and Building Dept. Monthly Report for January, 2011 Page 2 Evergreen Meals served in January, 2011 Week Of ;Park Silver Hutchinson Towers Lake Glencoe Brownton Stewart 1/3 -1/7 261 162 78 153 53 42 1/10 -1/14 245 167 83 147 42 64 1/17 -1/21 196 128 66 125 42 44 1/24 -1/28 202 175 77 134 41 50 1/31- 51 37 13 28 5 9 Total 955 669 317 587 183 209 Total Meals served in January 2,920 were Ir Other Building Inspection Activities: Attended SW MN Chapter meeting in Redwood Falls, Consulted with contractors at 1209 Lewis Ave SW, Consulted with Hutch Utilities at the downtown power plant, Consulted with several property owners and contractors on site, 3 HRA inspections, Reviewed Code enforcement issues. Planning, Zoning, and Building Dept. Monthly Report for January, 2011 Page 3 Planning and Zoning Monthly Activities Month/Year: January, 2011 Activity Number Additional Info. Zoning Review of Building Permits 1 Zoning Review of Sign permits 5 4 — Sandwich board renewals 1 — New wall sign Planning /Zoning Applications Provided 6 All for possible development (final and preliminary plat, comp plan amendment, rezoning, conditional use permit and site Ian review Predevelopment Meetings/ 4 Met with Randy Anderson on Pre - application Assistance proposed development. Met with contractors at 1209 Lewis Ave SW, Running's Garden Center, Sho ko Garden Center Planning Commission Applications 0 Processed Joint Planning Applications 1 Reviewed Conditional use permit Reviewed and Processed for Judson Circle Zoning Enforcement 6 Sent out letters regarding outdoor storage and garden centers. Misc. Meetings Attended 6 Department staff meetings Safety meeting, 2 comp plan discussion meetings, Meeting with local Legislators. Special Activities: Evergreen Rental tour. Demographics and Housing Trends Meeting — Twin Cities f�