cp04-26-2011 cNo Workshop Scheduled for April 26, 2011
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 26, 2011
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Embrace His Presence
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF APRIL 12, 2011
Action — Motion to approve as presented
6. CONSEeNT GNDA ( Purpose: onlyforitemsrequiringCouncilapproval hyexternalentitiesthatwouldotherwise Ag E av
e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13872 —RESOLUTION LOCATION FOR TRAFFIC CONTROL DEVICES
2. RESOLUTION NO. 13869 — RESOLUTION TO DONATE SURPLUS POLICE DEPARTMENT
PROPERTY
(b) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW AN EXISTING OUTDOOR
FENCED AREA AS AN OUTDOOR STORAGE AND DISPLAY LOT FOR ONLINE AUCTIONS
LOCATED AT FAHEY SALES AGENCY, 904 HWY 15 SOUTH WITH FAVORABLE PLANNING
COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13867)
2. CONSIDERATION OF AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION
154.004, 154.064, 154.067, 154.068, 155.03 AND 155.05 REGARDING SEXUALLY ORIENTED
BUSINESSES WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE
FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0668
FOR MAY 10, 2011)
(c) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2011 PAVEMENT MANAGEMENT PROGRAM
PHASE I PROJECT (LETTING NO. 3, PROJECT NO. 11-04)
(d) CONSIDERATION FOR APPROVAL OF TERMS AND CONDITIONS OF ACCEPTING AIRPORT
IMPROVEMENT GRANTS
CITY COUNCIL AGENDA APRIL 26, 2011
(e) CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING & SUNDAY
LIQUOR LICENSE TO FRATERNAL ORDER OF EAGLES LOCATED AT 1000 HWY 7 WEST
(PREVIOUSLY ISSUED CLUB LIQUOR LICENSE)
(f) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO IVAN
SCHRODT TO SELL MERCHANDISE AT THE CORVETTES FOR A CAUSE SHOW MAY 27 —
29, 2011
(g) CONSIDERATION FOR APPROVALS AND PERMITS FOR THE 69`h ANNUAL HUTCHINSON
JAYCEE WATER CARNIVAL FOR JUNE 13 — 19, 2011
(h) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO GFWC
OF HUTCHINSON WOMAN'S CLUB ON JUNE 25, 2011, AT HARRINGTON /MERRILL HOUSE
(i) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL JULY
29-30,2011
0) CONSIDERATION FOR APPROVAL OF ISSUING DANCE PERMIT AND TEMPORARY LIQUOR
LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON JUNE 17, 2011, AT MCLEOD COUNTY
FAIRGROUNDS
(k) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO POWER PULL NATIONALS LLC ON JUNE 17 & 18. 2011. AT MCLEOD COUNTY
FAIRGROUNDS
(1) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO DEAN
SCHLUETER TO OPERATE "THE GARDEN ", A GREENHOUSE AND GARDEN SUPPLY
STORE, IN THE PARKING LOT OF THE VACANT CUB FOODS BUILDING
(m)CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
PHILLIP WESTBY TO OPERATE "THE COUNTRY STOP ", A FRESH PRODUCE STAND, IN THE
PARKING LOT OF THE FORMER RUNNINGS BUILDING
(n) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M. - NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. A ways oo ing toward d e ulure, not monitoring past)
9. UNFINISHED BUSINESS
(a) PRESENTATION BY PUBLIC ARTS COMMISSION AND APPROVAL TO PROCEED WITH ARTS
PROJECT PROCESS AND CONSIDERATION FOR APPROVAL OF AMENDED RESOLUTION NO.
13873 PERTAINING TO PUBLIC ARTS FUNDING
CITY COUNCIL AGENDA —APRIL 26, 2011
Action — Motion to reject — Motion to approve
(b) CONSIDERATION OF ORDINANCE NO. 11 -0666 — AN ORDINANCE AMENDING ZONING
ORDINANCE CHAPTER 154; SECTION 154.137 D(4) AND 3(11) REGARDING BANNER SIGNS
(SECOND READING AND ADOPTION)
Action — Motion to reject — Motion to approve
10. NEW BUSINESS
(a) PRESENTATION BY FAMILY READINESS GROUP OF NATIONAL GUARD AND
CONSIDERATION FOR APPROVAL OF YELLOW RIBBON PROGRAM
Action — Motion to reject — Motion to approve
(b) CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR STORAGE AND
DISPLAYS LOCATED AT MENARDS, 1525 MONTREAL STREET SE WITH SPLIT VOTE OF
PLANNING COMMISSION (ADOPT RESOLUTION NO. 13868)
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF HVAC SYSTEM AT HUTCHINSON POLICE DEPARTMENT
Action — Motion to reject — Motion to approve
(d) DISCUSSION OF LIQUOR LICENSE VIOLATION FOR JUAN PEREZ DBA LAS PALMAS
RESTAURANT AND CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING
LIQUOR LICENSE TO JUAN PEREZ DBA LAS PALMAS RESTAURANT
Action — Motion to reject — Motion to approve
(e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR MAY 10, 2011, AT
4:00 P.M. TO CONTINUE DISCUSSION ON PRIORITY SERVICES AND END STATEMENTS
Action — Motion to reject — Motion to approve
11. GOVERNANCE ( Purpose: loassesspastorganizationalperformance, developpolicy that guides the organization and
Counci an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) PLANNING COMMISSION MINUTES FROM MARCH 15, 2011
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, APRIL 12, 2011
1. CALL TO ORDER — 5:30 P.M.
Way, or teve oo ca e the meeting to order. Members present were Mary Christensen, Bill Arndt, Eric Yost
and Chad Czmowski. Others present were Jeremy Carter, City Administrator, Marc Sebora, City Attorney, and
Kent Exner, City Engineer.
2. INVOCATION — Due to the absence of a pastor, the invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF MARCH 22, 2011
Motion by Arndt, second by Czmowski, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise
ave Fe—en delegated to the City Administrator. Traditionally, items are not discussed)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13863 — RESOLUTION TO SELL AT AUCTION UNCLAIMED PROPERTY
(BICYCLES)
2. ORDINANCE NO. 11 -0666 — AN ORDINANCE AMENDING ZONING ORDINANCE CHAPTER
154; SECTION 154.137 D(4) AND 3(l 1) REGARDING BANNER SIGNS (SECOND READING AND
ADOPTION)
3. ORDINANCE NO. 11 -0667 — AN ORDINANCE AMENDING CITY CODE CHAPTER 54;
STORMWATER MANAGEMENT ADDING LANGUAGE IN SECTION 54.05, USE OF
STORMWATER PONDS (SECOND READING AND ADOPTION)
(b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
CHRISTOPHER ULMER OF TNT FIREWORKS TO SELL FIREWORKS IN WALMART PARKING
LOT
(c) APPOINTMENT OF DIANNE WANZEK AND JON ROSS TO LIBRARY BOARD TO APRIL 2014
(d) APPOINTMENT OF MAYOR STEVE COOK, COUNCIL MEMBER ERIC YOST, CITY
ADMINISTRATOR JEREMY CARTER AND CITY ATTORNEY MARC SEBORA TO COMMITTEE
TO NEGOTIATE POSSIBLE HUTCHINSON HEALTH CARE BY -LAWS AND LEASE CHANGES
AND RETAIN THE SERVICES OF ATTORNEY PAUL TORGERSON
�� l
CITY COUNCIL MINUTES APRIL 12, 2011
(e) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO FOUNDATION FOR
CHALLENGED CHILDREN ON MAY 21, 2011
(f) CONSIDERATION FOR APPROVAL OF ISSUING WINE/BEER LICENSE TO RAHN HOSECK
DBA MAIN STREET PIZZA (PREVIOUSLY HELD ON -SALE INTOXICATING LIQUOR
LICENSE)
(g) CONSIDERATION FOR APPROVAL OF 3.2 MALT LIQUOR LICENSE RENEWALS
■ HUTCHINSON HUSKIES BASEBALL ASSOCIATION
• SKY VENTURES (PIZZA HUT)
■ COBORN'S INC (CASHWISE)
■ NORTHERN TIER RETAIL LLC (SUPERAMERICA)
■ ERICKSON OIL PRODUCTS, INC. (FREEDOM VALU CENTER)
■ ERICKSON'S DIVERSIFIED CORPORATION (ECONO FOODS)
WALMART SUPERCENTER
(h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 6(a)2 was pulled for separate discussion
Motion by Czmowski, second by Yost, to approve consent agenda with the exception of Item 6(a)2. Motion
carried unanimously.
Item 6(a)2 had further discussion. Council Member Christensen asked for clarification on what a banner is
defined as. City Attorney Marc Sebora explained that a banner is typically a sign advertising a business'
special event or discount. The Council consented that clarification needs to be made on what qualifies as a
banner sign.
Motion by Christensen, second by Arndt, to table this item to allow for clarification of banner signs. Motion
carried unanimously.
7. PUBLIC HEARINGS— 6:00 P.M.
(a) 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 1 PROJECT (LETTING NO. 3, PROJECT NO.
11 -04)
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes
street rehabilitation on Kouwe Street NW, Water Street NW and James Street NW between Hwy 7 and 5`
Avenue. The proposed improvements could include reclaiming /removing the existing pavement section,
grading, minimal /complete curb replacement, draintile installation and new pavement surfacing. Mr. Exner
reviewed each street specifically. The project is expected to begin in early June and be completed by
September 2, 2011. Mr. Exner noted that the approval being considered tonight is to proceed with staff
completing plans and specifications and getting actual bids for completing the work. The assessment
hearing is scheduled for the May 10, 2011, City Council meeting.
Dan Hall, 125 4`h Avenue, presented before the Council. Mr. Hall noted that he is currently paying
assessments on the Hwy 7 project hence he asked about being assessed twice. It was explained to Mr. Hall
that he receives a credit due to his property being a comer lot.
Kristine Otte, 267 Kouwe Street, presented before the Council. Ms. Otte noted that she owns a day care
center on Kouwe Street. Ms. Otte asked for assurance that the parents of the children will have access to the
day care. Mr. Exner noted that there will be access, however at times could be limited.
2 �)
5
CITY COUNCIL MINUTES —APRIL 12, 2011
I
Mike Marvan, 134 5`h Avenue, presented before the Council. Mr. Marvan asked if 5`h Avenue was being
reconstructed this year. It was clarified for him that 5 th Avenue is scheduled for 2012.
Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously.
Motion by Yost, second by Christensen, to approve completing plans and specifications and receiving bids
on 2011 pavement management program phase 1 project. Motion carried unanimously.
necessary to
i (Purpose: to provide Council with information
not monitoring past)
(a) PRESENTATION BY JEAN WARD, EXECUTIVE DIRECTOR OF HUTCHINSON HOUSING &
REDEVELOPMENT AUTHORITY
Jean Ward, Executive Director of Hutchinson Housing & Redevelopment Authority, provided a presentation
on the activities of the HRA for 2010. These activities included improvements to Park Towers,
rehabilitation programs, first time homebuyer programs, and foreclosure remediation. Ms. Ward also
reviewed the priorities of the HRA for 2011. These priorities include home ownership and home
rehabilitation. Further, Ms. Ward detailed housing data related to homes in the City of Hutchinson. It was
noted that identified nuisance properties should be priorities when it comes to available funding for
rehabilitation. Ms. Ward noted that she will bring that request to the HRA Board.
(b) PRESENTATION BY TOM KLOSS, INFORMATION TECHNOLOGY DIRECTOR — ENHANCED
CITIZEN NOTIFICATON SYSTEM
Tom Kloss, Information Technology Director, presented before the Council. Mr. Kloss explained that the
City currently uses a system called Nixle as a citizen notification system. Initially, this system was available
to use free of charge. The City has been notified that as of the end of the month, the service will no longer
be free except for public safety agencies. The City, along with six other cities, researched other options. A
company called Everbridge has been selected as an alternative provider to Nixle. Everbridge allows more
options for notification such as text messages, email, phone voice message, cell phone voice message,
Blackberry, etc., whereas Nixle only has capability to send messages via text and email. Everbridge is
offering a pricing discount for the six cities. This service in included in the budget for 2011.
9. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) PRESENTATION BY PUBLIC ARTS COMMISSION AND APPROVAL TO PROCEED WITH ARTS
PROJECT PROCESS
Mayor Cook explained that the Public Arts is working on a project and would like processes approved,
however the chair of the Public Arts Commission has requested that the item be tabled to allow more time to
put the presentation together.
Motion by Arndt, second by Yost, to table this item to the next City Council meeting. Motion carried
unanimously.
Mayor Cook spoke about the $25,000 seed money that was set aside for the Public Arts Commission.
Discussion was also held to bond $15,000 each year for projects. Discussion was held among staff that
perhaps bonding was not the appropriate method, but rather to take the $15,000 out of the capital projects
fund each year. This allows for more flexibility in carrying funds over each year. This change will require a
revised funding Resolution to be approved which will be presented at the next Council meeting.
(b) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR TRUNK HWY 15 WATER MAIN
LINING PROJECT (LETTING NO. 6, PROJECT NO. 10-09)
5��
CITY COUNCIL MINUTES —APRIL 12, 2011
Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that bids were opened on April 7,
2011, for this project. The low bidder came in with a bid of $1,174,755.72 submitted by Fer -Pal
Construction USA LLC of Taylor, Michigan. This project will be split among Golden Valley, Hutchinson
and Fridley. Hutchinson's share of the project is $613,799.12.
Motion by Arndt, second by Czmowski, to approve project award for Trunk Hwy 15 Water Main Lining
Project to. Motion carried unanimously.
11. GOVERNANCE (Purpose: to assesspast organizational performance, develop policy that guides the organization and
Council manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR MARCH 2011
(b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JANUARY 24 AND FEBRUARY 28,
2011
(c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM MARCH 7, 2011
(d) CREEKSIDE RENEWABLES ADVISORY BOARD MINUTES FROM JANUARY 19, 2011
No action required for these items.
12. MISCELLANEOUS
Mary Christensen — Council Member Christensen noted that she had received inquiries on the status of the
property located at 400 Lynn Road. This property is in extremely poor condition. Mayor Cook noted that
ideally the HRA will be able to purchase the property and demolish it. At this time the City is waiting to
hear from the property owner, whom is a mortgage company in California.
Chad Czmowski — Council Member Czmowski noted that the Bike & Blade Bonanza is being held April 16,
201 I, at the McLeod County Fairgrounds from 9am — 11 am. Kids can get bike helmets for $5.00.
Jeremy Carter — Mr. Carter noted that the financial auditors will be at City Center next week conducting the
2010 audit.
Mayor Cook — Mayor Cook congratulated Jeremy Carter and staff on receiving the Award of Excellence in
Financial Reporting
Mayor Cook also thanked street staff for addressing road conditions.
Lastly, Mayor Cook mentioned that a community survey is being put together to be distributed soon.
13. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 7:10 p.m. Motion carried unanimously.
C5
RESOLUTION NO. 1 3872
RESOLUTION ESTABLISEING LOCATION
FOR TRAFFIC CONTROL DEVICES
WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas
have traffic control concerns which warrant traffic control devices, and;
WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic
control devices shall be erected, pursuant to Section 7.04, Subdivision t of the Hutchinson City Code;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
That the Council hereby establishes the following traffic control devices shall be installed and enforced:
1. Parking Lot H (1" Ave SE & Hassan St SE)
a. "OVERNIGHT PARKING" on east side of Parking Lot H. Three stalls north of the
handicapped entrance at the SE comer of Parking Lot H. This installation would be
treated in the same manner as other overnight parking stalls in downtown parking lots.
NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON:
Adopted by the City Council this 26th day of April, 2011.
Steven Cook
Mayor
ATTEST:
Jeremy Carter
City Administrator
('�-)
RESOLUTION TO DONATE
SURPLUS POLICE DEPARTMENT PROPERTY
Resolution No. 13869
WHEREAS, the Hutchinson Police Department has accumulated surplus
property.
AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91,
Subdivision 3, Paragraph C for the donation of surplus property.
AND WHEREAS, the police department has determined that it is in possession
of surplus property.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUTCHINSON, MINNESOTA.
That the Hutchinson City Council hereby approves the donation of 10 police
leather duty belts and miscellaneous leather accessories for the duty belts to the
Law Enforcement Program at Minnesota State University — Mankato, Minnesota.
Adopted by the City Council this 26th day of April, 2011.
Mayor
City Administrator
MEMORANDUM
DATE: April 20, 2011
TO: Hutchinson City Council
FROM: Dan Jochum, AICP, Planning Director
SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN
EXISTING OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND
DISPLAY LOT FOR ONLINE AUCTIONS LOCATED AT FAHEY SALES
AGENCY, INC., 904 HWY 15 SOUTH
APPLICANT: Fahey Sales Agency, Inc.
Backaround:
The applicant is requesting a conditional use permit to allow the use of an existing outdoor
fenced area as an outdoor sales lot for auctions which are mostly an online format. The fenced
area is located northwest of the realty building and west of the Head Start building at 904 Hwy
15 South as shown on the attached diagram. The request is to come into compliance with City
Code regarding outdoor storage and displays. This recent request is to comply with City Code
Section 154.115 (C) Outdoor storage and displays (1) Open storage in industrial and
commercial districts shall be allowed only with a conditional use permit. Additional information
is contained in the attached staff report and attachments.
Planning Commission Meetina•
The Planning Commission held a public hearing and considered the request at their April
19th meeting. There were no neighboring property owners objecting to the request. One
neighboring property owner had questions regarding the type of material stored on the
property and the possibility of extra traffic onto Clinton Avenue. Staff indicated this use is
occurring now and does not expect an increase in traffic. The fenced area is presently
screened from the residential district to the west. The items will be auctioned online. After
discussing the request, the Planning Commission unanimously recommended approval with
the following findings and recommendations:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. The outdoor storage and display area must be located as shown on attached diagram.
3. The outdoor storage and display area must be screened from any residential zoning
districts.
4. The outdoor storage and display lot will not have a negative impact on traffic, circulation,
and parking on the site, as determined by the Planning Director and City Engineer. If
there is such a time when there is found to be a negative impact on traffic, circulation,
and parking on the site, the conditional use permit may be revised and may be amended
accordingly to address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor storage and display area is not neat and tidy or is
unsightly, as determined by the City, the conditional use permit may be revised and may be
amended accordingly to address the issue.
RESOLUTION NO. 13867
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW AN EXISTING
OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND DISPLAY LOT FOR
ONLINE AUCTIONS LOCATED AT FAHEY SALES AGENCY, 904 HWY 15 SOUTH
Whereas, Fahey Sales Agency, Inc., applicant, has requested approval of a conditional use permit
to allow outdoor storage and display for online auctions located at 904 Hwy 15, South with the
following legal description:
Legal Description: Lot 2, Block 1, Hanson's Third Addition
Whereas, the Planning Commission met on April 19, 2011, and held a public hearing on the
request and considered the effects of the proposal on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The outdoor storage and display area must be located as shown on attached diagram.
3. The outdoor storage and display area must be screened from any residential zoning districts.
4. The outdoor storage and display lot will not have a negative impact on traffic, circulation,
and parking on the site, as determined by the Planning Director and City Engineer. If there is
such a time when there is found to be a negative impact on traffic, circulation, and parking on
the site, the conditional use permit may be revised and may be amended accordingly to
address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor storage and display area is not neat and tidy or is unsightly,
as determined by the City, the conditional use permit may be revised and may be amended
accordingly to address the issue.
Adopted by the City Council this 26`s day of April, 2011.
ATTEST:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
(o N) )
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Dan Bochum, Planning Director
Date: April 12, 2011, for April 19, 2011, Planning Commission Meeting
Application. CONSIDERATION OF A CONDITIONAL USE PERI I IT TO ALLOW
OUTDOOR FENCED AREA AS AN OUTDOOR STORAGE AND
DISPLAY LOT FOR ONLINE AUCTIONS LOCATED AT FAHEY SALES
AGENCY, 904 HWY 15 SOUTH
Applicant: Fahey Sales Agency, Inc.
Conditional Use Permit
The applicant is requesting a conditional use permit to allow the use of an existing outdoor fenced area as
an outdoor sales lot for auctions which are mostly an online format_ The fenced area is located Northwest
of the realty building and west of the Head Start building at 904 Hwy 15 South.
Conditional Use Permit
Fahey Sales Agency, Inc
904 Hwy 15 S
Planning Commission — April 19, 2011
Page 2
GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 904 Hwy 15 South
Lot Size: 1.3 acres
Existing Land Use: C -4 (Fringe Commercial)
Adjacent Land Use
And Zoning: R -2 (Medium Density Residential), R -3 (Medium -High Density Residential) and
C-4
Comprehensive
Land Use Plan: Traditional Residential Neighborhood
Zoning History: The building has had various uses over the years. In the 1950's, the building was
constructed for a grocery store. In 1987, a variance was granted to the Farm and
Home store for a warehouse addition 20 feet from the property line adjacent to a
residential zone. A conditional use permit was granted for the construction of a
monopole tower on the property in 1997. In 1998, the building was remodeled
into an office building. A conditional use permit and site plan review was
approved in 2008, for a Headstart preschool building on the property.
Applicable
Regulations: Section 154.115, City Code
Analysis and
Recommendation:
Staff supports the request for outdoor sales lot in the existing fenced area. The fenced area has been the
same or similar use since the Farm and Home store was located on the property. The area is located along
the westerly property line and does not appear to affect the parking lots or traffic circulation for either the
office building or the preschool located on the property.
In reviewing the CUP, the Commission shall consider if the request meets the following standards:
(a) The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities and
other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
Staff recommends approval of the request with the following conditions:
The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
Conditional Use Permit
Fahey Sales Agency, Inc
904 Hwy 15 S
Planning Commission —April 19, 2011
Page 3
2. The outdoor sales area must be located as shown on attached diagram.
3. The outdoor sales and display area must be screened from any residential zoning districts.
4. The outdoor sales lot will not have a negative impact on traffic, circulation, and parking
on the site, as determined by the Planning Director and City Engineer. If there is such a
time when there is found to be a negative impact on traffic, circulation, and parking on
the site, the conditional use permit may be revised and may be amended accordingly to
address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor sales area is not neat and tidy or is unsightly, as determined by
the City, the conditional use permit may be revised and may be amended accordingly to address
the issue.
Cc: Tim Fahey, Fahey Sales Inc.
(P (b)
MEMORANDUM
DATE: April 20, 2011 for the April 26, 2011 City Council Meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
SUBJECT: AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTIONS
154.004,154.064,154.067,164.068; AND CHAPTER 155; SECTIONS 155.03,
AND 155.05 REGARDING SEXUALLY ORIENTED BUSINESSES
Background:
There has been an inconsistency in the zoning ordinance between adult oriented or sexually oriented
businesses. This amendment makes all of the City ordinances consistent and refers to these types
of uses as sexually oriented businesses. The language regarding adult oriented businesses was
added to the zoning ordinance in 1994. The definition in the City Code was named sexually oriented
businesses causing the inconsistency. The proposed amendment would add a definition to the
zoning ordinance and change language in the C-4, 1 -1 and 1 -2 districts and in the Anti Blight section
of the City Code. Additional information is contained in the attached staff report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April 19`h
meeting. There was no one from the public present objecting to the request. After discussion, the
Commission recommended approval.
Recommendation:
The Planning Commission recommended approval of the request and the attached ordinance.
Summary Ordinance:
The ordinance will take effect after a summary of the ordinance 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 ordinance 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
G(6) 3-
Publication No.
Summary Ordinance for the City of Hutchinson amending City Code Chapter 154 —
Zoning; Section 154.004, 154.064, 154.067, 154.068 and Chapter 155 — Anti - Blight;
Section 155.03 and 155.05 regarding sexually oriented businesses.
The City of Hutchinson has adopted Ordinance to amend the Hutchinson City Code Title
VX, Land Usage, Chapter 154, Zoning, to amend Sections 154.004, 154.064, 154.067,
154.068 and Chapter 155, Anti - Blight Regulations, to amend Sections 155.03 and
155.05. The following is a summary of the adopted ordinance:
The purpose of the ordinance is to make all of the City ordinances consistent when
referring to adult oriented or sexually oriented businesses. The language regarding adult
oriented businesses was added to the zoning ordinance in 1994. The definition in the
City Code was named sexually oriented businesses causing the inconsistency. The
proposed amendment would add a definition to the zoning ordinance and change
language in the C -4, I -1 and I -2 districts and amend the Anti- Blight Section of the
ordinance regarding sexually oriented business.
Effective Date: This ordinance becomes effective upon its passage and publication
according to law. The ordinance was adopted unanimously by the City Council on May
10, 2011. 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
(OMa
PUBLICATION NO.
ORDINANCE NO. 11 -0668
AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS;
SECTION 154.064, C -4, FRINGE COMMERCIAL DISTRICT; SECTION 154.067, I -1, LIGHT INDUSTRIAL
PARK DISTRICT; SECTION 154.068,1-2, HEAVY INDUSTRY DISTRICT; SECTION 155.03, DEFINITIONS
AND 155.05, LOCATION OF SEXUALLY ORIENTED BUSINESSES
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the satisfaction of the
City Council that it would be in the best interests of the City to amend the City Code, Chapter 154, Zoning; Section
154.004, definitions of sexually oriented business; Section 154.064, deleting language regarding adult oriented businesses
in the Fringe Commercial District; Section 154.067, amending language in section (C)(8) under conditional uses in the
Light Industrial Park District; Section 154.068, amending language in section (C)(7) under conditional uses in the Heavy
Industry District, Section 155.03, amending language in definitions changing the word puniness to business and Section
155.05, amending language in (A) under location of sexually oriented businesses.
ZONING
§ 154.004 DEFINITIONS
SEXUALLY ORIENTED BUSINESS Shall include the followin
§ 154.064 C -4, FRINGE COMMERCIAL DISTRICT.
(C) Conditional permitted uses
(1) Permitted uses listed in the C -2 district but not including used car, farm machinery, marine or
manufactured home sales;
(2) Commercial parking structures;
(3) Churches and houses of worship and related facilities;
(4) Storage units; and
(5) Tattoo establishmeow
(6) Towing company offices with fenced impound lots, subject to providing a completely fenced and
screened enclosure.
§ 154.067 I -1, LIGHT INDUSTRIAL PARK DISTRICT.
(C) Conditional uses
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Motor vehicle body shops;
Dog kennels;
Bulk storage of liquid;
Athletic clubs;
Restaurants;
Recyclable material collection center;
Grain elevators;
Ordinance 4 11 -0668
Section 154 and 155— Sexually Oriented Business
April 12, 2011
Page 2
(8) Tattoo establishments and ar}elt-sextial - oriented busutesses
(9) Storage units; and
(10) Schools.
§ 154.068 I -2, HEAVY INDUSTRY DISTRICT
(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit as provided
in § 154.170 and provided further that any objectionable features normally associated with these uses, such as those
deemed to be hazardous, offensive or objectionable by reason of odor, dust, fumes, noise, vibration, radiation, refuse
matter or water -borne waste shall be ameliorated, controlled or eliminated through design, mechanical devices,
landscaping and /or walls, or other measures as specified by the city's Planning Commission, and authorized that the use
and its day to day activity will not be unreasonably hazardous, noxious or offensive:
(1) Truck terminals;
(2) Truck parts and scrap metal yards:
(a) If located at least 1,000 feet from the nearest residential zoning district; and
(b) If all operations are conducted within an area enclosed with a solid wall or uniform fence
of 100% opacity, at least eight feet in height, and landscaped and maintained to the satisfaction of the city's Planning
Commission.
zoning district; (3) Railroad stub yard and freight stations, if located at least 1,000 feet from the nearest residential
(4) Other land uses by conditional use permit:
(a) If located at least 1,000 feet from the nearest residential zoning district;
(b) If screened and landscaped to the satisfaction of the city's Planning Commission; and
(c) If that land use has been approved by the Chief of the Fire Department and State
Pollution Control Agency.
(5) Manufacture of acids, glues, paints, inks, gases, fertilizer, cement, lime or gypsum, or similar
noxious or toxic materials;
(6) Rendering or reduction of fats or animal parts; and
ANTI - BLIGHT REGULATIONS:
§ 155.03 DEFINITIONS.
The following words and terms shall have the following meanings when used in this section, except as provided
otherwise in § 155.04:
(13) A,6W- N0VEL?YnrrkE IVES . An establishment or business that has a variety of items for sale if it
meets the criteria established in the definition of "sexually oriented business," as defined in this section.
§ 155.05 LOCATION OF SEXUALLY ORIENTED BUSINESSES.
(A) A seztral ly- oricated business may locate only in the attd 1 1 and I -Z zcanesF by cor d' `an I ' se pelxpit
(B) No person may operate a sexually oriented business on property, any part of which is within the area
circumscribed by a circle that has a radius of 250 feet from any of the uses listed below. Distances must be measured by
following a straight line, without regard to intervening structures or objects, between the closest points on the boundary
lines of the property parcels where the two uses are located. This distance requirement applies to the following uses:
(1) Property used or zoned for residential uses;
Ordinance# 11 -0668
Section 154 and 155— Sexually Oriented Business
April 12, 2011
Page 3
(3) Premises licensed under city code Chapter 112, Liquor Regulations; and
(4) Another sexually- oriented business.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 10`h day of May, 2011.
Attest:
Jeremy J. Carter Steven W. Cook
City Administrator Mayor
C
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Items for Pavement Management Program Phase 1 Project
(Letting No. 3/Project No. 11 -04)
DATE: April 26, 2011
Bids for the above referenced project are scheduled to be received on Thursday, May 5'". Thus, the attached
Resolutions and Publication Notices are necessary to administer the Assessment Hearing and potential Project
Award at the May 10" City Council meeting.
We recommend that the attached Resolutions and Publication Notices be approved.
cc: Jeremy Carter, City Administrator
G (c)
RESOLUTION NO. 13870
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5096
LETTING NO.3 /PROJECT NO. 11 -04
WHEREAS, cost has been determined for the improvement of:
James Street NW, Kouwe Street NW & Water St NW — Roadway pavement
rehabilitation by reclaim or reconstruction methods, curb repairstfull replacement,
draintile installation, bituminous /concrete surfacing, storm water /drainage
improvements, water distribution /sanitary sewer repairs/upgrades, street lighting,
trails /sidewalks, landscaping, restoration and appurtenances.
and the said cost for such improvement is $ and the City cost share amount is
estimated to be $ . With the estimated expenses incurred or to be incurred in the
making of such improvement in the amount of $ the total estimated City share
cost of the improvement is $
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an
estimated amount of $ and the portion of the cost to be assessed against benefited
property owners is declared to be $172,347.73.
2. Assessments shall be payable in equal annual installments extending over a proposed period of
ten (10) years, the first of the installments to be payable on or before the first Monday in January,
2012 and shall bear interest at the rate of _ percent per annum from November 1, 2011.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 26th day of April 2011.
Mayor
City Administrator
(o (C-)
• RESOLUTION NO. 13870
RESOLUTION DECLARING COST TO BE ASSESSED AND
ORDERING PREPARATION OF PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5096
LETTING NO. 3 1PROJECT NO. 11 -04
WHEREAS, cost has been determined for the improvement of:
James Street NW, Kouwe Street NW & Water St NW — Roadway pavement
rehabilitation by reclaim or reconstruction methods, curb repairs /full replacement,
draintile installation, bituminous /concrete surfacing, storm water /drainage
improvements, water distribution /sanitary sewer repairs /upgrades, street lighting,
trails /sidewalks, landscaping, restoration and appurtenances.
and the estimated construction cost for such improvement is $533,783.00. With the estimated
expenses incurred or to be incurred in the making of such improvement in the amount of
$140,108.00, the total estimated cost of the improvement is $673,891.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. The portion of the cost of such improvement to be paid by the City is hereby declared to be an
estimated amount of $501,543.27 and the portion of the cost to be assessed against benefited
property owners is declared to be $172,347.73.
2. Assessments shall be payable in equal annual installments extending over a proposed period of
ten (10) years, the first of the installments to be payable on or before the first Monday in January,
2012 and shall bear interest at the rate of _ percent per annum from November 1, 2011.
3. The City Administrator, with the assistance of the City Engineer, shall forthwith calculate the
proper amount to be specially assessed for such improvement against every assessable lot, piece
or parcel of land within the district affected, without regard to cash valuation, as provided by law, and
he shall file a copy of such proposed assessment in his office for public inspection.
4. The City Administrator shall, upon the completion of such proposed assessment, notify the
Council thereof.
Adopted by the Council this 26th day of April 2011.
City Administrator
0
Mayor
('0 CCU yv-& "
cPIPILD my; P YARaR Y0E1J
ASSESSMENT ROLL NO. 8094
LETTING NO. 31PROJECT NO. 11-01
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RESOLUTION NO. 13871
RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. 5096
LETTING NO. 3/PROJECT NO. 11 -04
WHEREAS, by a resolution passed by the Council on the 26th day of April 2011, the City
Engineer was directed to prepare a proposed assessment of the cost of improving:
James Street NW, Kouwe Street NW & Water St NW — Roadway pavement rehabilitation by
reclaim or reconstruction methods, curb repairs /full replacement, draintile installation,
bituminous/concrete surfacing, storm water /drainage improvements, water
distribution /sanitary sewer repairs /upgrades, street lighting, trails/sidewalks, landscaping,
restoration and appurtenances.
WHEREAS, the City Engineer has notified the Council that such proposed assessment has
been completed and filed in his office for public inspection.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
1. A hearing shall be held on the 10th day of May, 2011, in the Council Chambers at Hutchinson
City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all
persons owning property affected by such improvement will be given an opportunity to be heard with
reference to such assessment.
2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed
assessment to be published once in the official newspaper at least two weeks prior to the hearing,
and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice
to be given to the owner of each parcel described in the assessment roll not less than two weeks
prior to the hearing.
3. The owner of any property so assessed may, at any time prior to certification of the
assessment to the County Auditor, pay the whole of the assessment on such property, with interest
accrued to the date of payment, to the City Administrator, except that no interest shall be charged if
the entire assessment is paid by November 15th, 2011. He may at any time thereafter, pay to the
City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to
December 31 of the year in which such payment is made. Such payment must be made before
November 15 or interest will be charged through December 31 of the succeeding year.
Adopted by the Council this 26th day of April 2010.
Mayor
City Administrator
G (C)
PUBLICATION NO. 7874
NOTICE OF HEARING ON PROPOSED ASSESSMENT
ASSESSMENT ROLL NO. SA5086
LETTING NO. 31PROJECT NO. 1 "4
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council will meet at 6:00 P.M. on the 10th day of May 2011, in the
Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt the proposed
assessment for the improvement of:
James Street NW, Kouwe Street NW & Water St NW — Roadway pavement rehabilitation by
reclaim or reconstruction methods, curb repairs /full replacement, draintile installation,
bituminous /concrete surfacing, storm water /drainage improvements, water
distribution /sanitary sewer repairs/upgrades, street lighting, trails /sidewalks, landscaping,
restoration and appurtenances.
hearing. Adoption by the Council of the proposed assessment against abutting property may occur at the
This assessment is proposed to be payable in equal annual installments extending over a period of
ten years, the first of the installments to be payable on or before the first Monday in January 2012, and will
bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the
assessment resolution. To the first installment shall be added interest on the entire assessment from the
November 1, 2011 until December 31, 2012. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
You may at anytime prior to certification of the assessment to the County Auditor, pay the entire
assessment on such property, with interest accrued to the date of payment, to the City Administrator. No
interest shall be charged if the entire assessment is paid by November 15th, 2011. You may, at anytime
thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest
accrued to December 31st of the year in which such payment is made. Such payment must be made before
November 17th or interest will be charged through December 31st of the succeeding year. If you decide not to
prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or
minus) per year. The right to partially prepay the assessment shall be until November 15, 2011.
The proposed assessment is on file for public inspection at the City Administrator's Office. The total
amount of the proposed assessment is $172,347.73. Written or oral objections will be considered at the
meeting.
No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed
with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council
may, upon such notice, consider any objection to the amount of a proposed individual assessment at an
adjourned meeting upon such further notice to the affected property owners as it deems advisable.
If an assessment is contested or there is an adjourned hearing, the following procedure will be
followed:
The City will present its case first by calling witnesses who may testify
by narratives or by examination, and by the introduction of exhibits.
After each witness has testified, the contesting partywill be allowed to ask questions.
This procedure will be repeated with each witness until neither side has further
questions.
After each witness has tested, the contesting party will be allowed to ask questions.
This procedure will be repeated with each witness until neither side has further
questions.
� (C -)
PUBLICATION NO. 7874
ASSESSMENT ROLL NO. SA -5096
LETTING NO. 31PROJECT NO. 11 -04
PAGE
2. After the City has presented all its evidence, the objector may call witnesses or
present such testimony as the objector desires. The same procedure for questioning
of the City's witnesses will be followed with the objectors witnesses.
3. The objector may be represented by counsel.
4. Minnesota rules of evidence will not be strictly applied; however, they may be
considered and argued to the Council as
to the weight of items of evidence or testimony presented to the Council.
5. The entire proceedings will be tape - recorded.
6. At the close of presentation of evidence, the objector may make a final presentation
to the Council based on the evidence and the law. No new evidence may be
presented at this point.
An owner may 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 afterthe adoption
of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or
City Administrator.
Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the
payment of this special assessment for any homestead property owned by a person 65 years of age or older
for whom it would be a hardship to make the payments. When deferment of the special assessment has been
granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable
interest, become due. Any assessed property owner meeting the requirements of the law and the resolution
adopted under it, may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the
prescribed form for such deferral of payment of this special assessment on his property.
Jeremy J. Carter, City Administrator
City of Hutchinson, Minnesota
PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, APRIL 28TH, 2011 AND WEDNESDAY,
MAY 4TH, 2011.
('0 C�)
TO: Mayor & City Council
FROM: John Olson, Public Works Manager
RE: Terms and Conditions of Accepting Airport Improvement Grants
DATE: April 8, 2011
Attached for your review is a document outlining the terms and conditions of accepting money from the federal
government for airport improvements.
These general terms and conditions apply to all airport improvement projects that accept federal funds. Most future
grants will simply refer to these terms/conditions, but may be further modified, depending upon the specific project
involved, in future grants.
Based on my review, these general terms and conditions do not represent a significant departure from previously
identified terms and conditions.
The document outlines general conditions and assurances made by the City (sponsor), including but not limited to:
• Consultant selection
• Project designs, plans & specifications, and final acceptance
• Equipment/Construction contracts
• Real property acquisition
• Duration and applicability (generally 20 years),
• And other general assurances of the sponsor
I recommend that the attached terms and conditions of accepting airport improvement grants be approved.
cc: Kent Exner, DPW /City Engineer
Jeremy Carter, City Administrator
('(J)
March 2011
U.S. Department
of Transportation
Federal Avisdon
Administradon
Terms and Conditions of Accepting
Airport Improvement Program Grants
Sponsor:
Airport:
This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants
from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49,
United States Code. These terms and conditions become applicable when the sponsor accepts a Grant
Offer from the FAA that references this document. The terms and conditions may be unilaterally
amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted
after notification.
I. CertMentions
Section 47105(d), Tite 49 of the United States Code authorizes the Secretary to require certification from
sponsors that they will comply with statutory and administrative requirements. The following list of
certified items Includes major requirements for this aspect of project implementation. However, the list Is
not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and
administrative standards. In accepting a grant, the sponsor certifies that each of the following sterns will
be complied with in the performance of grant agreements. If a certification cannot be met for a specific
project, the sponsor must fully explain In an attachment to the project application.
A. Sponsor Cartlfleation for Selection of Consultants
General procurement standards for consultant services within Federal grant programs are
described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided
they are equivalent to specific standards In 49 CFR 18 and Advisory Circular 150/5100 -14.
1. All advertisements will be placed to ensure fair and open competition from a wide area of
interest.
2. For any and all contracts over $25,000, consultants will be selected using competitive
procedures based on qualifications, experience, and disadvantaged business enterprise
requirements with the fee determined through negotiation.
3. An Independent cost analysis will be performed, and a record of negotiations will be prepared
reflecting the considerations involved in the establishment of fees for all engineering
contracts with bask service fees exceeding $100,000.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 1 of 30 / ��
4. If any services are to be performed by sponsor force account personnel prior approval must
be obtained from FAA.
S. All consultant services contracts will dearly establish the scope of work and delineate the
division of responsibilities between all parties engaged in carrying out elements of the
project.
6. All costs associated with work ineligible for AIP funding will be dearly Identified and
separated from eligible Items.
7. All mandatory contract provisions for grant- assisted contracts will be included in all
consultant services contracts.
8. If any contract Is awarded without competition, pre -award review and approval will be
obtained from FAA.
9. Cost-plus-percentage-of-cost methods of contracting prohibited under Federal standards will
not be used.
10. If services being procured cover more than a single grant project the scope of work will be
specifically described in the advertisement, and future work will not be initiated beyond five
years.
B. Sponsor Certlficatlon for Project Plans and Speciffatlons
General AIP standards are described in Advisory Circulars 150 /5100-6, 150 /5100 -15, and
150/5100 -16. A list of current advisory circulars with specific standards for design or
construction of airports and procurement or installation of airport equipment and facilities is
referenced in Section III.C.24.
1. All plans and specifications will be developed In accordance with all current applicable Federal
standards and requirements, or state standard specifications developed under a Federal
grant, and no deviation from or modification to standards set forth in the advisory circulars
will be allowed without prior approval of the FAA.
2. All equipment specifications will rely on the national standards as contained In the Advisory
Circulars, without deviations, to the maximum extent possible. Specifications for the
procurement of equipment for which then: Is no Federal specification or standard, will not be
proprietary nor written to restrict competition. If there is no national standard, or if the
national standard provides for a choke to be made, at least two manufacturers will assure
that they can meet the specification. A deviation from the national standard will require FAA
approval of the design standard modification.
3. All development to be included in any plans Is depicted on an Airport Layout Plan approved
by FAA.
4. All development which is Ineligible for AIP funding will either be omitted from the plans and
specifications or costs associated with ineligible or AIP non - participating Items will be
separated and noted as non -AIP work and deducted from AIP project reimbursement
requests.
S. Process control and acceptance tests required for any and all projects by standards contained
In Advisory Circular 150/5370 -10 will be Included In the project specifications.
i erms and Gondiaons of Accepting Airport Improvement Program Grants (March 2011)
Page 2 of 30
("(J)
6. If a value engineering clause is incorporated Into any contract, concurrence will be obtained
from FAA.
7. All plans and specifications will incorporate applicable requirements and recommendations set
forth in the Federally approved environmental finding.
8. For all construction activities within or near aircraft operational areas, the applicable
requirements contained in Advisory Circular 150/5370 -2 will be discussed with FAA and
Incorporated into the specifications. A safety/phasing plan will be prepared, and prior FAA
concurrence will be obtained.
9. All projects will be physically completed without Federal participation in costs that are due to
errors or omissions in the plans and specifications that were foreseeable at the time of
project design.
10. All Airport layout Plan (ALP) revisions and proposals for facility construction clearance will
Include coordinates that are either surveyed or based on reference coordinates previously
found acceptable to FAA. The coordinates will be verified and found consistent with the
dimensions shown on the project sketch /ALP. The coordinates will be In terms of the North
American Datum of 1983.
11. All site elevations on Airport Layout Plan ( ALP) revisions and proposals for construction
clearance will be within + / -0.1 foot vertically and the vertical datum will be in terms of the
National Geodetic Vertical Datum of 1929.
C. Sponsor Certification for Equipment /Construction Contracts
Standards for advertising and awarding equipment and construction contracts within Federal
grant programs are described In 49 CFR 18.36. Sponsors may use their procurement procedures
reflecting State and local laws or regulations provided procurements conform to specific
standards in 49 CFR 18 and Advisory Circulars 150/5100 -6, 150 /5100 -15, and 150 - 5100 -16.
1. A code or standard of conduct will be in effect governing the performance of the sponsors
officers, employees, or agents in soliciting and awarding procurement contracts.
2. Qualified personnel will be engaged to perform contract administration, engineering
supervision, and construction Inspection and testing on all projects.
3. All procurement will be publicly advertised using the competitive sealed bid method of
procurement. If procurement Is less than $100,000, project may use three (3) quote
method.
4. All requests for bids will clearly and accurately describe all administrative and other
requirements of the equipment and/or services to be provided.
S. Concurrence will be obtained from FAA prix to contract award under any of the following
circumstances:
a. Only one qualified person /firm submits a responsive bid,
b. The contract is to be awarded to other than the lowest responsions and responsible
bidder,
c. Life cycle costing is a factor in selecting the lowest responsive bidder,
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011)
Page 3 of 30 ( W)
d. Proposed contract prices are more than 10% over the sponsors cost estimate.
6. All contracts exceeding $100,000, require a bid guarantee of 5 %, a performance bond of
100 %, and a payment bond of 100 %.
7. All contracts exceeding $100,000 will contain provisions or conditions specifying
administrative, contractual, and legal remedies, including contract termination, for those
instances In which contractors violate or breach contract terms. They also will contain
provisions requiring compliance with applicable standards and requirements Issued under
Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33
USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part
15).
8. All construction contracts involving labor will contain provisions Insuring that in the
employment of labor preference will be given to honorably discharged Vietnam era veterans
and disabled veterans.
9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with
the Davis -Bacon Act and bid solicitation will contain a copy of the current Federal wage rate
determination. Provisions requiring compliance with Sections 103 and 107 of the Contract
Work Hours and Safety Standards Act (40 USC 327 -330) and the Copeland "Anti -Kick Back"
Act will be included.
10. All construction contracts exceeding $10,000 will contain appropriate causes from 41 CFR
Part 60 for compliance with Equal Employment Opportunity Executive Order 11246.
11. All contracts and subcontracts will contain causes required from Title VI Civil Rights
Assurances and 49 CFR 26 for Disadvantaged Business Enterprises.
12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to
those individuals or firms suspended, debarred, or voluntarily excluded from doing business
with any DOT element and appearing on the DOT Unified List.
D. Sponsor CoMilkadon for Real Property Acquisition
Requirements on real property acquisition and relocation assistance are In 49 CFR 24 and the
Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act).
1. Good and sufficient title will be held on property in any and all projects. The sponsors
attorney or other official will prepare and have on file title evidence on the property.
2. If defects and /or encumbrances exist in the title, which adversely Impact the sponsors
Intended use of property In the project, they will be extinguished, modified, or subordinated.
3. If property for airport development will be leased, the term is for 20 years or the useful life
of the project. The lessor Is a public agency and the lease contains no provisions, which
prevent full compliance with the grant agreement.
4. Property will be in conformance with the current Exhibit A (property map). The property
map is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, and
project documentation.
Terms and Conditions of Accepting Airport Impnwement Program Grants (March 2011) Page 4 of 30 1
S. For any and all acquisition of property interest in noise sensitive approach zones and related
areas, property interest will be obtained to ensure land Is used for purposes compatible with
noise levels associated with operation of the airport.
6. For all acquisition of property Interest in runway protection zones and areas related to FAR
Part 77 surfaces, property Interest will be obtained for the right of flight, right of Ingress and
egress to remove obstructions, right to make noise associated with aircraft operations, and to
restrict the estabOshment of future obstructions.
7. All appraisals will Include valuation data to estimate the current market value for the property
Merest acquired on each parcel and will be prepared by qualified real estate appraisem hired
by the sponsor. An opportunity will be provicled the property owner or their representative
to accompany appraisers during inspections.
8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for
the offer of just compensation. All written appraisals and review appraisal will be available to
FAA for review.
9. A written offer to acquire property will be presented to the property owner for not less than
the approved amount of just compensation.
10. Every effort will be made to acquire property through negotiation with no coercive action to
Induce agreement. If negotiation Is successful, project files will contain supporting
documents for seMements.
11. If a negotiated settlement Is not reached, condemnation will be initiated and a court deposit
not less than the just compensation will be made prix to possession of the property. Project
flies will contain supporting documents for awards.
12. If displacernent of persons, businesses, farm operations, or nonprofit organizations is
Involved, a relocation assistance program will be established. Displaced persons will receive
general Information In writing on the relocation program, notice of relocation eligibility, and a
90 day notice to vacate.
13. Relocation assistance services, comparable replacement housing, and payment of necessary
relocation expenses will be provided wi thin a reasonable time period for displaced occupant
In accordance with the Uniform Act.
E. Sportaor C,artllkatlon for Construction Project Flnel Acceptance
General requirements for final acceptance and close -out of Federally funded construction projects
are In 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper In
accordance with specific requlremerft of the Grant Agreement and contract documents.
1. All personnel engaged in project administration, engineering supervision, and constnxtlon
Inspection and besting will be determined to be qualified and competent to perform the work.
2. All daily construction records will be kept by the resident engineer /construcdon Inspector.
These records document work In progress, quality and quantity of maberlals delivered, test
locations and results, instructions provided the contractor, weather, equipment use, labor
requirements, safety problems, and changes required.
1 erms aria Uorwiaas of Accepting Airport Improvement Program Grants (March 2011)
Page 5 of 30
I(a)
3. All weekly payroll records and statements of compliance will be submitted by the prime
contractor and reviewed by the sponsor for Federal labor and civil rights requirements
(Advisory Circular 150 /5100 -6 and 150/5100 -15).
4. All complaints regarding the mandated Federal provisions set forth in the contract documents
will be submitted to the Department of Labor.
5. All tests specified in the plans and specifications will be performed and the test results
documented. A summary of test results will be available to FAA.
6. For all test results outside allowable tolerances, appropriate corrective actions will be taken.
7. All payments to the contractor will be made In compliance with contract provisions and
verified by the sponsors Internal audit of contract records kept by the resident engineer. If
appropriate, all pay reduction factors required by the specifications will be applied in
computing flnal payments and a summary of pay reductions will be available to FAA.
8. All projects will be accomplished without significant deviations, changes, or modifications
from the developed plans and specifications, except where approval will be obtained from
FAA.
9. All final project inspections will be conducted with representatives of the sponsor and the
contractor. Project flies will contain documentation of the final inspection.
10. All work in the Grant Agreement will be physically completed and corrective actions required
as a result of the final inspection will be completed to the satisfaction of the construction
contract and the sponsor.
11. As -built plans and an equipment Inventory, if applicable, will be maintained as sponsor
records. If requested, a revised Airport Layout Plan will be made available to FAA prior to
start of development
12. All applicable close -out financial reports will be submitted to FAA within three (3) years of the
date of grant.
F. sponsor Certlilkatlon for Selsmic Design and Construction
49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) bo be
financed with the assistance of the Federal AvWtion Administration. Compliance will be met by
adhering to at least one of the following accepted standards:
1. Model codes found to provide a level of seismic safety substantially equivalent to that
provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP)
including:
a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code,
published by the International Conference of Building Officials, 5360 South Workman Mill
Road, Whittier, California 90601.
b. The 1992 Supplement to the Building Officials and Code Administration International
(BOCA) National Building Cade, published by the Building Officials and Code
Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795.
Temps and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 6 W30 � ��
c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard
Building Code, published by the Southern Building Code Congress International, 900
Montclair Road, Birmingham, Alabama 35213 -1206.
2. Revisions to the model codes listed above that are substantially equivalent or exceed the
then current or immediately preceding edition of the NEHRP recommended provisions, as it Is
updated, may be approved by the DOT Operating Administration to meet the requirements of
49 CFR Part 41.
3. State, county, local, or other Jurisdictional building ordinances adopting and enforcing the
model codes, listed above, in their entirety, without significant revisions or changes in the
direction of less seismic safety, meet the requirement of 49 CFR Part 41.
G. Sponsor CertMcstlon for Drug -Free Workplace
1. The sponsor certifies that it will continue to provide a drug -free workplace by:
a. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance Is prohibited In the sponsor's
workplace and specifying the actions that will be taken against employees for violations
of such prohibitions.
b. Establishing an ongoing drug -free awareness program to inform employees about:
(1) The dangers of drug abuse in the workplace.
(2) The grantee's policy of maintaining a drug -free workplace.
(3) Any available drug counseling, rehabilitation, and employee assistance programs.
(4) The penalties that may be Imposed upon employees for drug abuse violations
occurring in the workplace.
c. Making it a requirement that each employee to be engaged In the performance of a grant
be given a copy of the statement required by paragraph a.
d. Notifying the employee In the statement required by paragraph a that, as a condition of
employment under a grant, the employee will:
(1) Abide by the terms of the statement.
(2) Notify the employer in writing of his or her conviction for a violation of a criminal
drug statue occurring in the workplace no later than five calendar days after such
conviction.
e. Notifying the agency In writing, within ben calendar days after receiving notice under
paragraph d(2) from an employee or otherwise receiving actual notice of such conviction.
Employers of convicted employees must provide notice including position title, to every
grant officer or other designee on whose grant activity the convicted employee was
working, unless the Federal agency has designated a central point for the receipt of such
nodoes. Notices shall include the identification number(s) of each affected grant.
f. Taking one of the following actions, within 30 calendar days of receiving notice under
paragraph d(2) with respect to any employee who is so convicted:
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 7 of 30 ( (�)
(1) Taking appropriate personnel action against such an employee, up to and including
termination, consistent with the requirements of the RehablMatlon Ad of 1973, as
amended.
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or
rehabilitation program approved for such purposes by a Federal, State or local
health, law enforcement, or other appropriate agency.
(3) Making a good faith effort to continue to maintain a drug -free workplace through
implementation of paragraphs (a), (b), (c), (d), (e), and (f).
2. The sponsor may Insert in the space provided below the sites) for the performance of work
done in connection with grants:
Place of Performance (street address, city, county, state, zip code)
11. General Conditions
A. The allowable costs of all AIP funded project shall not include any costs determined by the FAA
to be Ineligible for consideration under the Title 49 U.S.C.
B. Payment of the United States' share of all allowable project costs will be made pursuant to and In
accordance with the provisions of such regulations and procedures as the Secretary shall
prescribe. Final determinations of the United States' share will be based upon the final audits of
the total amount of allowable project costs, and settlement will be made for any upward or
downward adjustments to the Federal share of costs.
C. The sponsor shall carry out and complete all AIP funded projects without undue delays and in
accordance with the terms hereof, and such regulations and procedures as the Secretary shall
prescribe.
D. The FAA reserves the right to amend or withdraw a grant offer at any tlme prior to Its acceptance
by the sponsor.
E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs
of the project unless the grant offer has been accepted by the sponsor on or before 60 days after
the grant offer but no later than September 30 of the Federal fiscal year the grant offer was
made, or such subsequent date as may be prescribed In writing by the FAA.
F. The sponsor shall take all steps, Including litigation if necessary, to recover Federal funds spent
fraudulently, wastefully, or In violation of Federal antitrust statutes, or misused In any manner in
any project upon which Federal funds have been expended. For the purposes of this grant
agreement, the term "Federal funds" means funds however used or disbursed by the sponsor
that were originally paid pursuant to this or any other Federal grant agreement It shall obtain
the approval of the Secretary as to any determination of the amount of the Federal share of such
funds. It shall return the recovered Federal share, including funds recovered by settlement,
order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all
documents and records pertaining to the determination of the amount of the Federal share or to
Terms and Conditions of Accepting Airport Improvement Program Granite (March 2011) Page 8 of 30
any settlement, litigation, negotiation, or other efforts taken to recover such funds. All
settlements or other final positions of the sponsor, in court or otherwise, involving the recovery
of such Federal share shall be approved in advance by the Secretary.
G. The United States shall not be responsible or liable for damage to property or Injury to persons,
which may arise from, or be incident to, compliance with a grant agreement.
H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the
expected needs of the sponsor by $25,000 or five percent (5 %), whichever is greater, a grant
amount can be unilaterally reduced by letter from FAA advising of the budget change.
Conversely, with the exception of planning projects, if there Is an overrun In the eligible project
costs, FAA may Increase a grant to cover the amount of the overrun not to exceed the statutory
fifteen (15 %) percent limitation for primary airports. For non - primary airports, with the
exception of planning projects, FAA may increase a grant to cover the amount of overrun by not
more than fifteen percent (15 %) of the original grant amount for development and not more
than fifteen (15 %) percent of the original grant portion pertaining to land or by an amount not to
exceed twenty-five percent (25 %) of the total Increase in allowable project costs attributable to
the acquisition of land or Interests in land, whichever is greater, based on current credible
appraisals or a court award In a condemnation proceeding. FAA will advise the sponsor by letter
of the Increase. Planning projects will not be increased above the planning portion of the
maximum obligation of the United States shown In the grant agreement. Upon issuance of either
of the aforementioned letters, the maximum obligation of the United States Is adjusted to the
amount specified. In addition, the sponsor's officially designated representative, is authorized to
request FAA concurrence In revising the project description and grant amount within statutory
limitations. A letter from the FAA concurring In the said requested revision to the project work
description and/or grant amount shall constitute an amendment to a Grant Agreement.
I. If requested by the sponsor and authorized by the FAA, the letter of credit method of payment
may be used. It is understood and agreed that the sponsor agrees to request cash withdrawals
on the letter of credit only when actually needed for Its disbursements and to timely reporting of
such disbursements as required. It Is understood that failure to adhere to this provision may
cause the letter of credit to be revoked.
J. Unless otherwise approved by the FAA, It will not acquire or permit any contractor or
subcontractor to acquire any steel or manufactured products produced outside the United States
to be used for any project for airport development or noise compatibility for which funds are
provided under this grant. The sponsor will include in every contract a provision Implementing
this condition.
K. Trafficking In Persons
(a) Provisions applicable to a recipient that is a private entity.
(1) You as the recipient, your employees, subreciplents under this award, and subreclptents'
employees may not—
a) Engage in severe forms of trafficking in persons during the period of time ttat the
award Is in effect
b) Procure a commercial sex act during the period of time that the award Is in effect; or
c) Use forced labor In the performance of the award or subawards under the award.
(2) We as the Federal awarding agency may unilaterally terminate this award, without
penalty, if you or a subreciplent that Is a private entity –
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011)
Pape 9 of 30 (' i I \
a) Is determined to have violated a prohibition in paragraph (a)(1) of this award term;
or
b) Has an employee who is determined by the agency official authorized to terminate
the award to have violated a prohibition in paragraph (a)(1) of this award term
through conduct that Is either—
(1) Associated with performance under this award; or
(2) Imputed to you or the subrecipient using the standards and due process for
Imputing the conduct of an individual to an organization that are provided in 2
CFR part 180, "OMB Guidelines to Agencies on Govemmentwide Debarment and
Suspension (Nonprocurement); as implemented by our agency at 49 CFR Part
29.
(b) Provision applicable to a recipient other than a private entity. We as the Federal awarding
agency may unilaterally terminate this award, without penalty, if a subredplent that is a
private entity—
(1) Is determined to have violated an applicable prohibition In paragraph (ax1) of this award
term; or
(2) Has an employee who is determined by the agency official authorized to terminate the
award to have violated an applicable prohibition in paragraph (axl) of this award term
through conduct that is either --
a) Associated with performance under this award; or
b) Imputed to the subrecipient using the standards and due process for imputing the
conduct of an individual to an organization that are provided in 2 CFR part 180,
"OMB Guidelines to Agencies on Govemmentwlde Debarment and Suspension
(Nonprocurement)," as implemented by our agency at 49 CFR Part19
(c) Provisions applicable to any recipient.
(1) You must Inform us Immediately of any Information you receive from any source alleging
a violation of a prohibition in paragraph (a)(1) of this award term.
(2) Our right to terminate unilaterally that is described in paragraph (a)(2) or (b) of this
section:
a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA),
as amended (22 U.S.C. 7104(g)), and
b) Is in addition to all other remedies for noncompliance that are available to us under
this award.
(3) You must Include the requirements of paragraph (axl) of this award berm in any
subaward you make to a private entity.
(d) Definitions. For purposes of this award term:
(1) "Employee" means either:
a) An individual empkyred by you or a subreciplent who Is engaged In the performance
of the project or program under this award; or
b) Another person engaged In the performance of the project or program under this
award and not compensated by you including, but not limited to, a volunteer or
Individual whose services are contributed by a third party as an in -kind contribution
toward cost sharing or matching requirements.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 10 of 30 C_r (J )
(2) "Forced later" means labor obtained by any of the following methods: the recruitment,
harboring, transportation, provision, or obtaining of a person for labor or services,
through the use of force, fraud, or coercion for the purpose of subjection to Involuntary
servitude, peonage, debt bondage, or slavery.
(3) "Private entity ":
a) Means any entity other than a State, local government, Indian tribe, or foreign public
entity, as those terms are defined in 2 CFR 175.25.
b) Includes:
(1) A nonprofit organization, Including any nonprofit institution of higher education,
hospital, or tribal organization other than one included In the definition of Indian
tribe at 2 CFR 175.25(b).
(2) A for -profit organization.
(4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the
meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102).
III. Assurances. The following FAA document titled Assurances AGpwt Sponsors; dated March
2011, is Incorporated as part of these Terms and Conditions
Assurances
Airport Sponsors
March 2011
A. General.
1. These assurances shall be compiled with in the performance of grant agreements for airport
development, airport planning, and noise compatibility program grants for airport sponsors.
2. These assurances are required to be submitted as part of the project application by sponsors
requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used
herein, the term "public agency sponsor" means a public agency with control of a public-use
airport; the term 'private sponsor" means a private owner of a public-use airport; and the
term "sponsor" includes both public agency sponsors and private sponsors.
3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and
become part of the grant agreement.
B. Duration and Applicability.
1. Airport development or Nolse Compatibility program Projects undertaken by a
Public Agency Sponsor. The berms, conditions and assurances of the grant agreement
shall remain In full force and effect throughout the useful life of the facilities developed or
equipment acquired for an airport development or noise compatibility program project, or
throughout the useful life of the project Items installed within a facility under a raise
compatibility program project, but in any event not to exceed twenty (20) years from the
date of acceptance of a grant offer of Federal funds for the project. However, there shall be
no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so
liong as the airport is used as an airport. There shall be no limit on the duration of the terms,
conditions, and assurances with respect to real properly acquired with Federal funds.
Furthermore, the duration of the CPA Rights assurance shall be specified in the assurances.
i ems arc c:Ommons Of Accepting Airport Improvement Program Grants (March 2011)
Page 11 of 30
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2. Airport Development or Noise Compatibility Projects Undertaken by a Private
Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the
useful life of project items installed within a facility or the useful life of the facilities
developed or equipment acquired under an airport development or noise compatibility
program project shall be no less than ten (10) years from the date of acceptance of Federal
aid for the project.
3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant
agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 In section IIIC apply to
planning projects. The terms, conditions, and assurances of the grant agreement shall
remain in full force and effect during the life of the project.
C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant
that:
1. General Federal Requirements. It will comply with all applicable Federal laws,
regulations, executive orders, policies, guidelines, and requirements as they relate to the
application, acceptance and use of Federal funds for this project Including but not limited to
the following:
Federal Legislation
a. Title 49, U.S.C., subtitle VII, as amended.
b. Davis -Bacon Act - 40 U.S.C. 276(a), et_M.I
c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et
d. Hatch Act - 5 U.S.C. 1501, et.M.2
e. Uniform Rekxation Assistance and Real Property Acquisition Policies Act of 1970
Tide 42 U.S.C. 4601, CLM.'•Z
f. National Historic Preservation Ad of 1966 - Section 106 - 16 U.S.C. 470(f).'
g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through
469c.'
h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, gt=.
1. Clean Air Act, P.L. 90 -148, as amended.
J. Coastal Zone Management Ad, P.L. 93 -205, as amended.
k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.'
I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f))
m. Rehabilitation Act of 1973 - 29 U.S.C. 794.
n. Civil Rights Ad of 1964 -'ride VI - 42 U.S.C. 2000d through d-4.
o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, etm.
p. American Indian Religious Freedom Ad, P.L. 95 -341, as amended.
q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, eLM.'
r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.'
s. Contract Work Hours and Safety Standards Ad - 40 U.S.C. 327, et:SEq•'
t. Copeland Antikk kback Act - 18 U.S.C. 874. '
u. National Environmental Policy Act of 1969 — U.S.C. 4321 et seq•1
v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended.
w. Single Audit Act of 1984 - 31 U.S.C. 7501, eLM.'
x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706.
Executive Orden
a. Executive Order 11246 - Equal Employment Opportunityl
b. Executive Order 11990 - Protection of Wetlands
Terms and Conditions of Accepting Airport Improvement Program Grants (March 201 1) Page 12 of 30 1
c. Executive Order 11998 — Flood Plain Management
d. Executive Order 12372 - Intergovemmental Review of Federal Programs.
e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New
Building Constructloni
f. Executive Order 12898 - Environmental Justice
Federal Regulations
a. 14 CFR Part 13 - Investigative and Enforcement Procedures.
b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement
Proceedings.
c. 14 CFR Part 150 - Airport noise compatibility planning.
d. 29 CFR Part 1 - Procedures for predetermination of wage rates.'
e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work
financed in whole or part by loans or grants from the United States.'
f. 29 CFR Part 5 - labor standards provisions applicable to contracts covering
federally financed and assisted construction (also labor standards provisions
applicable to non-construction contracts subject to the Contract Work Hours and
Safety Standards Act).'
g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of tabor (Federal and federally assisted
contracting requirements).'
h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative
agreements to state and kcal governments.
I. 49 CFR Part 20 - New restrictions on lobbying.
J. 49 CFR Part 21- Nondiscrimination in federally- assisted programs of the
Department of Transportation - effectuation of Title VI of the Civil Rights Act of
1964.
k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport
Concessions.
I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for
Federal and federally assisted programs .1,2
m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in
Departrnent of Transportation Programs.
n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap In programs and
activities receiving or benefiting from Federal financial assistance.'
o. 49 CFR Part 29 — Government wide debarment and suspension (non -
procurement) and government wide requirements for drug -free workplace
(grants).
p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and
services of countries that deny procurement market access to U.S. contractors.
q. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated
new building construction.'
Office of Management and Budget Circulars
a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Laval
Governments.
b. A -133 - Audlts of States, Local Governments, and Non -Profit Organizations
' These laws do not apply to airport planning sponsors.
Z These laws do not apply to private sponsors.
Terms and Conditions of Accepting Airport improvement Program Grants (March 2011) Page 13 of 30
Ld�
3 49 CFR Part 18 and OMB Orcular A -87 contain requirements for State
and Local Governments receiving Federal assistance. Any requirement
levied upon State and Local Governments by this regulation and circular
shall also be applicable to private sponsors receiving Federal assistance
under Title 49, United States Code.
Specific assurances required to be Included in grant agreements by any of the above laws,
regulations or circulars are incorporated by reference in the grant agreement.
2. Responsibility and Authority of the Sponsor.
a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance
and carry out the proposed project; that a resolution, motion or similar action has been
duly adopted or passed as an official act of the applicant's governing body authorizing
the filing of the application, including all understandings and assurances contained
therein, and directing and authorizing the person identified as the official representative
of the applicant to act in connection with the application and to provide such additional
information as may be required.
b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry
out the proposed project and comply with all terms, conditions, and assurances of this
grant agreement. It shall designate an official representable and shall In writing direct
and authorize that person to file this application, including all understandings and
assurances contained therein; to act in connection with this application; and to provide
such additional Information as may be required.
3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project
costs which are not to be paid by the United States. It has sufficient funds available to
assure operation and maintenance of Items funded under the grant agreement which it will
own or control.
4. Good Title.
a. It, a public agency or the Federal government, holds good title, satisfactory to the
Secretary, to the landing area of the airport or site thereof, or will ghre assurance
satisfactory to the Secretary that good title will be acquired.
b. For noise compatibility program projects to be carried out on the property of the sponsor,
It holds good title satisfactory to the Secretary to that portion of the property upon which
Federal funds will be expended or will give assurance to the Secretary that good title will
be obtained.
S. Preserving Rights and Powers.
a. It will not take or permit any action which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the terms, conditions, and assurances In
the grant agreement without the written approval of the Secretary, and will act promptly
to acquire, extinguish or madly any outstanding rights or claims of right of others which
would interfere with such performance by the sponsor. This shall be done in a manner
acceptable to the Secretary.
b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or
other interests In the property shown on Exhibit A to this application or, for a noise
compatibility program project, that portion of the property upon which Federal funds
Terms and Conditions of Accepting Airport Improvement Program Grants (Marsh 2011)
Page 14 of 30
� (J)
have been expended, for the duration of the terns, conditions, and assurances In the
grant agreement without approval by the Secretary. If the transferee is found by the
Secretary to be eligible under Title 49, United States Code, to assume the obligations of
the grant agreement and to have the pourer, authority, and financial resources to carry
out all such obligations, the sponsor shall insert in the contract or document transferring
or disposing of the sponsor's interest, and make binding upon the transferee all of the
terms, conditions, and assurances contained in this grant agreement.
c. For all noise compatibility program projects which are to be carried out by another unit of
local government or are on property owned by a unit of local government other than the
sponsor, it will enter into an agreement with that government. Except as otherwise
specified by the Secretary, that agreement shall obligate that government to the same
terms, conditions, and assurances that would be applicable to It if it applied directly to
the FAA for a grant to undertake the noise compatibility program project. That
agreement and changes thereto must be satisfactory to the Secretary. It will take steps
to enforce this agreement against the local government if there is substantial non -
compliance with the terms of the agreement
d. For noise compatibility program projects to be carried out on privately owned property, it
will enter Into an agreement with the owner of that property which Includes provisions
specified by the Secretary. It will take steps to enforce this agreement against the
property owner whenever there is substantial non - compliance with the terms of the
agreement.
e. If the sponsor is a private sponsor, It will take steps satisfactory to the Secretary to
ensure that the airport will continue to function as a public -use airport in accordance with
these assurances for the duration of these assurances.
If an arrangement is made for management and operation of the airport by any agency
or person other than the sponsor or an employee of the sponsor, the sponsor will reserve
sufficient rights and authority to Insure that the airport will be operated and maintained
In accordance Title 49, United States Code, the regulations and the terms, conditions and
assurances in the grant agreement and shall insure that such arrangement also requires
compliance therewith.
g. It will not permit or enter Into any arrangement that results in permission for the owner
or tenant of a property used as a resklence, or zoned for residential use, to taxi an
aircraft between that property and any location on airport.
6. Consistency with Local Plana. The project is reasonably consistent witty plans (existing at
the time of submission of this application) of public agencies that are authorized by the State
In which the project is located to plan for the development of the area surrounding the
airport.
7. Consiclaradon of Local InMerest. It has gtm fair consideration to the Interest of
communities in or near where the project may be located.
8. Consultation with Usars. In making a decision to undertake any airport development
project under Title 49, United States Code, it has undertaken reasonable consultations with
affected parties using the airport at which project Is proposed.
9. Public Hearings. In projects Involving the location of an airport, an airport runway, or a
major runway extension, It has afforded the opportunity for public: hearings for the purpose
of considering the economic:, social, and environmental effects of the airport or runway
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011)
Page 15 of 30
(' W)
location and Its consistency with goals and objectives of such planning as has been carried
out by the community and it shall, when requested by the Secretary, submit a copy of the
transcript of such hearings to the Secretary. Further, for such projects, it has on its
management board either voting representation from the communities where the project is
located or has advised the communities that they have the right to petition the Secretary
concerning a proposed project.
10. Air and Water Quality Standards. In projects involving airport location, a major runway
extension, or runway location It will provide for the Governor of the state in which the project
Is located to certify In writing to the Secretary that the project will be located, designed,
constructed, and operated so as to comply with applicable air and water quality standards.
In any case where such standards have not been approved and where applicable air and
water quality standards have been promulgated by the Administrator of the Environmental
Protection Agency, certification shall be obtained from such Administrator. Notice of
certification or refusal tb certify shall be provided within sixty days after the project
application has been received by the Secretary.
11. Pavement Preventive Maintenance. With respect to a project approved after January 1,
1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies
that It has Implemented an effective airport pavement maintenance- management program
and it assures that it will use such program for the useful life of any pavement constructed,
reconstructed or repaired with Federal financial assistance at the airport. It will provide such
reports on pavement condition and pavement management programs as the Secretary
determines may be useful.
12. Terminal Development Prerequisites. For projects which include terminal development
at a public use airport, as defined in Title 49, It has, on the date of submittal of the project
grant application, all the safety equipment required for certification of such airport under
section 44706 of Title 49, United States Code, and all the security equipment required by rule
or regulation, and has provided for access to the passenger enplaning and deplaning area of
such airport to passengers enplaning and deplaning from aircraft other than air carrier
aircraft.
13. Accounting System, Audit, and Record Keeping Requirement.
a. It shall keep all project accounts and records which fully disclose the amount and
disposition by the recipient of the proceeds of the grant, the total cost of the project in
connection with which the grant is given or used, and the amount or nature of that
portion of the cost of the project supplied by other sources, and such other financial
records pertinent to the project The accounts and records shall be kept In accordance
with an accounting system that will facilitate an effective audit In accordance with the
Single Audit Act of 1984.
b. It shall make available to the Secretary and the Comptroller General of the United States,
or any of their duly authorized representatives, for the purpose of audit and examination,
any books, documents, papers, and records of the recipient that are pertinent to the
grant The Secretary may require that an appropriate audit be conducted by a recipient
In any case in which an Independent audit is made of the accounts of a sponsor relating
to the disposition of the proceeds of a grant or relating to the project in connection with
which the grant was given or used, it shall file a certified copy of such audit with the
Comptroller General of the United States not later than six (6) months following the dose
of the fiscal year for which the audit was made.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011)
Page 16 of 30 ( 4
14. Minimum Wage Rates. It shall include, In all contracts in excess of $2,000 for work on
any projects funded under the grant agreement which involve labor, provisions establishing
minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with
the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -S), which contractors shall pay to
skilled and unskilled labor, and such minimum rates shall be stated In the invitation for bids
and shall be Included in proposals or bids for the work.
15. Veteran's Preference. It shall include In all contracts for work on any project funded
under the grant agreement which involve labor, such provisions as are necessary to Insure
that, in the employment of labor (except In executive, administrative, and supervisory
positions), preference shall be given to Veterans of the Vietnam era and disabled veteran as
defined in Section 47112 of Title 49, United States Code. However, this preference shall
apply only where the individuals are available and qualified to perform the work to which the
employment relates.
16. Conformity to Plans and Specifications. It will execute the project subject to plans,
specifications, and schedules approved by the Secretary. Such plans, specifications, and
schedules shall be submitted to the Secretary prior to commencement of site preparation,
constnxtlon, or other performance under this grant agreement, and, upon approval of the
Secretary, shall be Incorporated Into this grant agreement. Arty modification to the approved
plans, specifications, and schedules shall also be subject to approval of the Secretary, and
Incorporated Into the grant agreement.
17. Construction Inspection and Approval. It will provide and maintain competent technical
supervision at the construction site throughout the project to assure that the work conforms
to the plans, specifications, and schedules approved by the Secretary for the project. It shall
subject the construction work on any project contained In an approved project application to
Inspection and approval by the Secretary and such work shall be in accordance with
regulations and procedures prescribed by the Secretary. Such regulations and procedures
shall require such cost and progress reporting by the sponsor or sponsors of such project as
the Secretary shall deem necessary.
18. Planning Projects. In carrying out planning projects:
a. It will execute the project In accordance with the approved program narrative contained
in the project application or with the modifications similarly approved.
b. It will fumish the Secretary with such periodic reports as required pertaining to the
planning project and planning work activities.
c. It will Include In all published material prepared In connection with the planning project a
notice that the material was prepared under a grant provided by the United States.
d. It will make such material available for examination by the public, and agrees that no
material prepared with funds under this project shall be subject to copyright in the
United States or any other country.
e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and
otherwise use any of the material prepared in connection with this grant
f. It will grant the Secretary the right to disapprove the sponsor's employment of specific
consultants and their subcontractors to do all or any part of this project as well as the
right to disapprove the proposed scope and cost of professional services.
Terris and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 17 of 30 (" �\
g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to
do all or any part of the project.
h. It understands and agrees that the Secretary's approval of this project grant or the
Secretary's approval of any planning material developed as part of this grant does not
constitute or Imply any assurance or commitment on the part of the Secretary to approve
any pending or future application for a Federal airport grant.
19. Operation and Maintenance.
a. The airport and all facilities which are necessary to serve the aeronautical users of the
airport, other than facilities owned or controlled by the United States, shall be operated
at all times In a safe and serviceable condition and in accordance with the minimum
standards as may be required or prescribed by applicable Federal, state and local
agencies for maintenance and operation. It will not cause or permit any activity or action
thereon which would interfere with its use for airport purposes. It will suitably operate
and maintain the airport and all facilites thereon or connected therewith, with due
regard to climatic and flood conditions. Any proposal to temporarily dose the airport for
non - aeronautical purposes must first be approved by the Secretary. In furtherance of
this assurance, the sponsor will have in effect arrangements for -
(1) Operating the airports aeronautical facilities whenever required;
(2) Promptly marking and lighting hazards resulting from airport conditions, including
temporary conditions; and
(3) Promptly notifying airmen of any condition affecting aeronautical use of the airport.
Nothing contained herein shall be construed to require that the airport be operated for
aeronautical use during temporary periods when snow, flood or other climatic conditions
Interfere with such operation and maintenance. Further, nothing herein shall be
construed as requiring the maintenance, repair, restoration, or replacement of any
structure or facility which is substantially damaged or destroyed dire to an act of God or
other condition or circumstance beyond the control of the sponsor.
b. It will suitably operate and maintain noise compatibility program items that it owns or
controls upon which Federal funds have been expended.
20. Hazard Removal and Mitigation. It will take appropriate action to assure that such
terminal airspace as Is required to protect Instrument and visual operations to the airport
(Including established minimum flight altitudes) will be adequately cleared and protected by
removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport
hazards and by preventing the establishment or creation of future airport hazards.
21. Compatible Land We. It will take appropriate action, to the extent reasonable, including
the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate
vicinity of the airport to activities and purposes compatible with normal airport operations,
including landing and takeoff of aircraft. In addition, If the project Is for noise compatibility
program implementation, it will not cause or permit any change in land use, within its
jurisdiction, that will reduce its compatibility, with respect to the airport, of the choke
compatibility program measures upon which Federal funds have been expended.
22. Economic Nondiarliminatlen.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 18 of 30 � A
a. It will make the airport available as an airport for public use on reasonable terms and
without unjust discrimination to all types, kinds and classes of aeronautical activities,
including commercial aeronautical activities offering services to the public at the airport.
b. In any agreement, contract, lease, or other arrangement under which a right or privilege
at the airport is granted to any person, firm, or corporation to conduct or to engage in
any aeronautical activity for furnishing services to the public at the airport, the sponsor
will Insert and enforce provisions requiring the contractor to:
(1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all
users thereof, and
(2) charge reasonable, and not unjustly discriminatory, price for each unit or service,
provided that the contractor may be allowed to make reasonable and
nondiscriminatory discounts, rebates, or other similar types of price reductions to
volume purchasers.
c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals,
and other charms as are uniformly applicable to all other fixed -based operators making
the same or similar uses of such airport and utilizing the same or similar facilities.
d. Each air carrier using such airport shall have the right to service itself or to use any fixed-
based operator that is authorized or permitted by the airport to serve any air carrier at
such airport
e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of
another air carrier tenant) shall be subject to such nondiscriminatory and substantially
comparable rules, regulations, conditions, rates, fees, rentals, and other charges with
respect to facilities directly and substantially related to providing air transportation as are
applicable to all such air carriers which make similar use of such airport and utilize similar
facilities, subject to reasonable classifications such as tenants or nontenants and
signatory carriers and nonsignatmy carriers. Classification or status as tenant or
signatory shall not be unreasonably withheld by any airport provided an air carrier
assumes obligations substantially similar to those already imposed on air carriers in such
classification or status.
f. It will not exercise or grant any right or prMlege which operates to prevent any person,
firm, or corporation operating aircraft on the airport from performing any services on Its
own aircraft with Its own empkryees (including, but not limited to maintenance, repair,
and fueling] that It may choose to perform.
g. In the event the sponsor itself exercises any of the rights and prMieges referred to In
this assurance, the services Invoked will be provided on the same conditions as would
apply to the furnishing of such services by commercial aeronautical service providers
authorized by the sponsor under these provisions.
h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions
to be met by all users of the airport as may be necessary for the safe and efficient
operation of the airport.
I. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the
airport lf such action Is necessary for the safe operation of the airport or necessary to
serve the civil aviation needs of the public.
ferns and Conditions of Accepting Airport Improvement Program Grants (March 2011)
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(O(J)
23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person
providing, or intending to provide, aeronautical services to the public. For purposes of this
paragraph, the providing of the services at an airport by a single fixed -based operator shall
not be construed as an exclusive right if both of the following apply:
a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -
based operator to provide such services, and
b. If allowing more than one fixed -based operator to provide such services would require
the reduction of space leased pursuant to an existing agreement between such single
fixed -based operator and such airport.
It further agrees that it will not, either directly or Indirectly, grant or permit any person, firm,
or corporation, the exclusive right at the airport to conduct any aeronautical activities,
including, but not limited to charter flights, pilot training, aircraft rental and sightseeing,
aerial photography, crop dusting, aerial advertising and surveying, air carrier operations,
aircraft sales and services, sale of aviation petroleum products whether or not conducted in
conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of
aircraft parts, and any other activities which because of their direct relationship to the
operation of aircraft can be regarded as an aeronautical activity, and that It will terminate
any exclusive right to conduct an aeronautical activity now existing at such an airport before
the grant of any assistance under Title 49, United States Code.
24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and
services at the airport which will make the airport as self- sustaining as possible under the
circumstances existing at the particular airport, taking Into account such factors as the
volume of traffic and economy of collection. No part of the Federal share of an airport
development, airport planning or noise compatibility project for which a grant is made under
Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal
Airport Act or the Airport and Airway Development Act of 1970 shall be Included in the rate
basis in establishing fees, rates, and charges for users of that airport.
25. Airport Revenues.
a. All revenues generated by the airport and any local taxes on aviation fuel established
after December 30, 1987, will be expended by It for the capital or operating costs of the
airport; the local airport system; or other local facilities which are owned or operated by
the owner or operator of the airport and which are directly and substantially related to
the actual air transportation of passengers or property; or for noise mitigation purposes
on or off the airport Provided, however, that If covenants or assurances In debt
obligations Issued before September 3, 1982, by the owner or operator of the airport, or
provisions enacted before September 3, 1982, In governing statutes controlling the
owner or operator's financing, provide for the use of the revenues from any of the airport
owner or operator's facilities, including the airport, to support not only the airport but
also the airport owner or operator's general debt obligations or other facilities, then this
limitation on the use of all revenues generated by the airport (and, in the case of a public
airport, local taxes on aviation fuel) shall not apply.
b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will
direct that the audit will review, and the resulting audit report will provide an opinion
concerning, the use of airport revenue and taxes In paragraph (a), and Indicating
whether funds paid or transferred to the owner or operator are paid or transferred in a
manner consistent with Title 49, United states Cade and any other applicable provision of
law, Including any regulation promulgated by the Secretary or Administrator.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 20 of 30 f (J)
c. Any civil penalties or other sanctions will be Imposed for violation of this assurance in
accordance with the provisions of Section 47107 of Title 49, United States Code.
26. Repots and Inspections. It will:
a. submit to the Secretary such annual or special financial and operations reports as the
Secretary may reasonably request and make such reports available to the public; make
available to the public at reasonable times and places a report of the airport budget In a
format prescribed by the Secretary;
b. for airport development projects, make the airport and all airport records and documents
affecting the airport, including deeds, leases, operation and use agreements, regulations
and other instruments, available for Inspection by any duly authorized agent of the
Secretary upon reasonable request;
c. for noise compatibility program projects, make records and documents relating to the
project and continued compliance with the terms, conditions, and assurances of the
grant agreement Including deeds, leases, agreements, regulations, and other
Instruments, available for inspection by any duly authorized agent of the Secretary upon
reasonable request, and
d. In a format and time prescribed by the Secretary, provide to the Secretary and make
available to the public following each of its fiscal years, an annual report listing in detail:
(1) all amounts paid by the airport to any other unit of government and the purposes
for which each such payment was made; and
(2) all services and property provided by the airport to other units of government and
the amount of compensation received for provision of each such service and
property.
27. Use by Government Aircraft. It will make available all of the facilities of the airport
developed with Federal financial assistance and all those usable for landing and takeoff of
aircraft to the United States for use by Government aircraft In common with other aircraft at
all times without charge, except, If the use by Government aircraft Is substantial, charge may
be made for a reasonable share, proportional to such use, for the cost of operating and
maintaining the fadlitles used. Unless otherwise determined by the Secretary, or otherwise
agreed to by the sponsor and the using agency, substantial use of an airport by Government
aircraft will be considered to exist when operations of such aircraft are in access of those
which, In the opinion of the Secretary, would unduly Interfere with use of the landing areas
by other authorized aircraft, or during any calendar month dat-
a. Five (5) or more Government aircraft are regularly based at the airport or on land
adjacent thereto; or
b. The total number of movements (counting each landing as a movement) of Government
aircraft Is 300 or more, or the gross accumulative weight of Government aircraft using
the airport (tire total movement of Government aircraft multiplied by gross weights of
such aircraft) is in excess of five million pounds.
28. Land for Federal Facilitlim. It WIN furnish without cost to the Federal Government for use
In connection with any air traffic control or air navigation activities, or weather - reporting and
communication activities related to air traffic control, any areas of land or water, or estate
therein, or rights In buildings of the sponsor as the Secretary considers necessary or
Terns and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 21 of 30 Go)
desirable for construction, operation, and maintenance at Federal expense of space or
facilities for such purposes. Such areas or any portion thereof will be made available as
provided herein within four months after receipt of a written request from the Secretary.
29. Airport Layout Wan.
a. It will keep up to date at all times an Airport Layout Plan of the airport showing (1)
boundaries of the airport and all proposed additions thereto, together with the
boundaries of all offslte areas owned or controlled by the sponsor for airport purposes
and proposed additions thereto; (2) the location and nature of all existing and proposed
airport facilities and structures (such as runways, taxiways, aprons, terminal buildings,
hangars and roads), including all proposed extensions and reductions of existing airport
facilities; and (3) the location of all existing and proposed non - aviation area and of all
existing improvements thereon. Such Airport Layout Plans and each amendment,
revision, or rtodlflcation thereof, shall be subject to the approval of the Secretary which
approval shall be evidenced by the signature of a duly authorized representative of the
Secretary on the face of the Airport Layout Plan. The sponsor will not make or permit
any charges or alterations In the airport or any of its facilities which are not In conformity
with the Airport Layout Plan as approved by the Secretary and which might, in the
opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport.
b. If a change or alteration in the airport or the facilities is made which the Secretary
determines adversely affects the safety, utility, or efficiency of any federally owned,
leased, or funded property on or off the airport and which Is not In conformity with the
Airport Layout Plan as approved by the Secretary, the owner or operator will, if
requested, by the Secretary (1) eliminate such adverse effect in a manner approved by
the Secretary; or (2) bear all costs of relocating such property (or replacement thereof)
to a site acceptable to the Secretary and all costs of restoring such property (or
replacement thereof) to the level of safety, utility, efficiency, and cost of operation
existing before the unapproved change in the airport or its facilities.
30. Civil Rights. It will comply with such rules as are promulgated to assure that no person
shall, on the grounds of race, creed, color, national origin, sec, age, or handicap be excluded
from participating in any activity conducted with or benefiting from funds received from this
grant. This assurance obligates the sponsor for the period during which Federal financial
assistance is extended to the program, except where Federal financial assistance is to
provide, or is In the forth of personal property or real property or interest therein or
structures or Improvements thereon In which case the assurance obligates the sponsor or
any transferee for the longer of the following periods: (a) the period during which the
property is used for a purpose for which Federal financial assistance Is extended, or for
another purpose involving the provision of similar services or benefits, or (b) the period
during which the sponsor retains ownership or possession of the property.
31. Disposal of Land.
a. For land purchased under a grant for airport noise compatibility purposes, it will dispose
of the land, when the land is no longer needed for such purposes, at fair market value,
at the eadlest practicable time. That portion of the proceeds of such dspositlon which is
proportionate to the United States' share of acquisition of such land will, at the discretion
of the Secretary, 1) be past to the Secretary for deposit In the Trust Fund, or 2) be
reinvested In an approved noise compatibility project as prescribed by the Secretary,
Including the purchase of nonresidential buildings or property in the vicinity of residential
buildings or property previously purchased by the airport as part of a noise compatibility
program.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 22 of 30 , J
b. For land purchased under a grant for airport development purposes (other than noise
compatibility), it will, when the land is no longer needed for airport purposes, dispose of
such land at fair market value or make available to the Secretary an amount equal to the
United States' proportionate share of the fair market value of the land. That portion of
the proceeds of such disposition which Is proportionate to the United States' share of the
cost of acquisition of such land will, (a) upon application to the Secretary, be reinvested
In another eligible airport Improvement project or projects approved by the Secretary at
that airport or within the national airport system, or (b) be paid to the Secretary for
deposit In the Trust Fund If no eligible project exists.
c. Land shall be considered to be needed for airport purposes under this assurance if (a) It
may be needed for aeronautical purposes (including runway protection zones) or serve
as noise buffer land, and (b) the revenue from Interim uses of such land contributes to
the financial self - sufficiency of the airport. Further, land purchased with a grant received
by an airport operator or owner before December 31, 1987, will be considered to be
needed for airport purposes if the Secretary or Federal agency making such grant before
December 31, 1987, was notified by the operator or owner of the uses of such land, did
not object to such use, and the land continues to be used for that purpose, such use
having commenced no later than December 15, 1989.
d. Disposition of such land under (a), (b) or (c) will be subject to the retention or
reservation of any interest or right therein necessary to ensure that such land will only be
used for purposes which are compatible with noise levels and safety associated with
operation of the airport.
32. Engineering and Design Services. It will award each contract, or sub - contract for
program management, construction management, planning studies, feasibility studies,
architectural services, preliminary engineering, design, engineering, surveying, mapping or
related services with respect to the project in the same manner as a contract for architectural
and engineering services is negotiated under Title D( of the Federal Property and
Administrative Services Act of 1949 or an equivalent qualifications -based requirement
prescribed for or by the sponsor of the airport.
33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used
to fund any project which uses any product or service of a foreign country during the period
In which such foreign country Is listed by the United States Trade Representable as denying
fair and equitable market opportunities for products and suppliers of the United States In
procurement and construction.
34. Polides, Standards, and Spedflcations. It will carry out the project in accordance with
policies, standards, and specifications approved by the Secretary Including but not limited to
the most current version, at the time the grant Is signed, of the advisory circulars listed
under the following table titled "Current FAA Advisory Circulars Required for Use In AIP
Funded and PFC Approved Projects ", and In accordance with applicable state polkles,
standards, and specifications approved by the Secretary.
Terns and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 23 of 30 r ��
CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND
PFC APPROVED PROJECTS
Dated: 6/2/2010
View the most current versions of these ACs and any associated changes at:
http://www,faa.gov/airports/resources/advisory–circulars
70 7460 -1K
Obstruction Marking and Lighting
150 /5000 -13A
Announcement of Availability—RTCA Inc., Document RTCA -221,
Guidance and Recommended Requirements for Airports Surface
Movement Sensors
150/5020-1
Noise Control and Compatibility Planning for Airports
150/5070 -6B and
Change 1
Airport Master Plans
150/5070-
The Airport System Planning Process
150/5200-28D
Notices to Airmen NOTAMS for Airport Operators
150/5200-30C
Airport Winter Safety and Operations
15015200-338
Hazardous Wildlife Attractants On or Near Airports
150/5210-5D
Painting, Marking and Lighting of Vehicles Used on an Airport
1.5015210-7D
Aircraft Fire and Rescue Communications
150/5210-13B
Water Rescue Plans Facilities and Equipment
150/5210-14B
Aircraft Rescue Fire Fighting Equipment, Tools and Clothing
150 5210 -ISA
Airport Rescue & Firefighting Station Building Design
150/5210-IBA
Systems for Interactive Training of Airport Personnel
150/5210-19A
Driver's Enhanced Vision System DEVS
150/5220-48
Water Supply Systems for Aircraft Fire and Rescue Protection
15015220-13B
Runway Surface Condition Sensor Specification Guide
150/5220-16C
Automated Weather Observing Systems for Non - Federal Applications
150/5220 -17A
and Change 1
Design Standards for an Aircraft Rescue Firefighting Training Facility
150/5220 -18A
Buildings for Storage and Maintenance of Airport Snow and Ice ControF-
Equipment and Materials
150/5220 -20 and
Change'
Airport Snow and Ice Control Equipment
150/5220 -21B
Guide Specification for Lifts Used to Board Airline Passengers With
Mobility Impairments
150/5220-22A
En ineered Materials Arresting 5 EMAS for Aircraft Overruns
150/5220-23
Frangible Connections
150/5220-24
Foreign Object Debris Detection Equipment
150/5300 -13 and
Chan es 1 –15 I
Airport Design
150/5300-14B
Design of Aircraft Deicing Facilities
150/5300 -16A
General Guidance and Specifications for Aeronautical Surveys:
Establishment of Geodetic Control and Submission to the National
Geodetic Survey
150/5300 -17B
General Guidance and Specifications for Aeronautical Survey Airport
Imag e Acquisition
150 /5300 -18B
General Guidance and Specifications for Submission of Aeronautical
Surveys to NGS: Field Data Collection and Geographic Information
System GIS Standards
Terns and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 24 of 30
rerms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 25 of 30
150/5320 -5C
and Change 1
Surface Drainage Design
15015320-61E
Airport Pavement Design and Evaluation
150/5320 -12C and
Changes 1 - 8
Measurement, Construction, and Maintenance of Skid Resistant Airport
Pavement Surfaces
150 5320 -14
Airport Landscaping for Noise Control Purposes
150/5320-15A
Marractement of Airport Industrial Waste
150/5325-4
Runway Length Requirements for Airport Design
150/5335-5!A
Standardized Method of Reporting Airport Pavement Strength PCN
i 150/5340 -1J and
Change 2
Standards for Airport Markings (Change 1&2)
150/5340-5C
Secimented Circle Airport Marker System
150/5340-18E
Standards for Airport Sign Systems
150/5340-30D
Desk in and Installation Details for Airport Visual Aids
150/5345-3F
Specification for L821 Panels for the Control of Airport Lighting
150/5345-513
Circuit Selector Switch
1505345 -7E
Specification for L824 Underground Electrical Cable for Airport Lighting
Circuits
150 5345 -1OF
-Specification for Constant Current Regulators Regulator Monitors
150/5345-12E
Specification for Airport and Heliport Beacon
150/5345 -1.3B
Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control
of Airport Lighting Circuits
150/5345-26D
Specification for L823 Plug and Receptacle, Cable Connectors
15015345-27D
Specification for Wind Cone Assemblies
150/5345-28F
Precision Approach Path Indicator PAPI Systems
15015345-39C
FAA Specification 1-853 Runway and Taxiway Retroreflective Markers
150/5345-42F
Specification for Airport Light Bases, Transformer Housings, Junction
Boxes and Accessories
150/5345-43F
Specification for Obstruction Liqhting Equipment
150/5345-44H
Specification for Taxiway and Runway Signs
150 5345 -45C
Low -Im ct Resistant LIR Structures
150/5345-466
Specification for Runway and Taxiway Light Fixtures
150/5345 -47B
1
Specifications for Series to Series Isolation Transformers for Airport
Liahtinq System
150/5345-49C
Specification L854 Radio Control Equipment
150/5345-SOB
Specification for Portable Runway and Taxiway Lights
150/5345-51A
Specification for Discharge-Type Flasher Equipment
150/5345-52A
Generic Visual Giideslope Indicators GVGI
150/5345-53C
Airport Lighting Equipment Certification Program
150/5345 -54B
Specification for L -1884, Power and Control Unit for Land and Hold
Short
150/5345 -55A
Specification for 1893, Lighted Visual Aid to Indicate Temporary Runway
Closure
150/5345 -56A
Specification for L -890 Airport Lighting Control and Monitoring System
ALCMS
150/5360-9
Planning and Design of Airport Terminal Facilities at NonHub Locations
150/5360-12E
Airport Signing and Graphics
150/5360 -13 and
Change I
Planning and Design Guidance for Airport Terminal Facilities
150 5370 -2E
Operational Safety on Airports During Construction
rerms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 25 of 30
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition policies
in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary
expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will
make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport; however, it has no obligation to fund special facilities for Intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT - assisted contract
or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and administration of DOT - assisted contracts. The recipient's
DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure
to carry out its terms shall be treated as a violation of this agreement. Upon notification to
the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801).
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 26 of 30
150 5370 -10E
Standards for Specifying Construction of Airports
150/5370-I1A
Use of Nondestructive Testing Devices in the Evaluation of Airport
Pavement
150/5380-6B
Guidelines and Procedures for Maintenance of Airport Pavements
150/5390-2B
-.Heliport Design
150/5390-3
Vertiport Design
150/5395-1
Seaplane Bases
150 /5100 -14D
Architectural, Engineering, and Planning Consultant Services for Airport
Grant Projects
150 5100 -15A
Civil RI hts Requirements for the Airport Improvement Program
150/5100 -17 and
Changes 1 -6
Land Acquisition and Relocation Assistance for Airport Improvement
Program Assisted Projects
150/5200-37
Introduction to Safety Management Systems (SMS) for Airport Operators
150/5300 -15A
Use of Value Engineering for Engineering Design of Airports Grant
Projects
150/5320-17
Airfield Pavement Surface Evaluation and Rating PASER Manuals
150/5370 -6D and
Chan es 1 -4
Construction Progress and Inspection Report — Airport Grant Program
150/5370-12A
Quality Control of Construction for Airport Grant Projects
150/5370-13A
Off peak Construction of Airport Pavements Using Hot -Mix Asphalt
150/5380-7A
Airport Pavement Management Program
150/5380 -8A !
f
Handbook for Identification of Alkali - Silica Reactivity in Airfield
Pavements
35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real
property, to the greatest extent practicable under State law, by the land acquisition policies
in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary
expenses as specified in Subpart B. (2) It will provide a relocation assistance program
offering the services described in Subpart C and fair and reasonable relocation payments and
assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will
make available within a reasonable period of time prior to displacement, comparable
replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24.
36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum
extent practicable, intercity buses or other modes of transportation to have access to the
airport; however, it has no obligation to fund special facilities for Intercity buses or for other
modes of transportation.
37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of any DOT - assisted contract
or in the administration of its DBE program or the requirements of 49 CFR Part 26. The
Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non
discrimination in the award and administration of DOT - assisted contracts. The recipient's
DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by
reference in this agreement. Implementation of this program is a legal obligation and failure
to carry out its terms shall be treated as a violation of this agreement. Upon notification to
the recipient of its failure to carry out its approved program, the Department may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for
enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31
U.S.C. 3801).
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 26 of 30
38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft
agree that a hangar is to be constructed at the airport for the aircraft at the aircraft's owner's
expense, the airport owner or operator will grant to the aircraft owner for the hangar a long
tens lease that is subject to such terms and conditions on the hangar as the airport owner or
operator may Impose.
39. Competitive Access.
a. If the airport owner or operator of a medium or large hub airport (as defined In section
47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an
air carrier for access to gates or other facilities at that airport in order to allow the air
carrier to provide service to the airport or to expand service at the airport, the airport
owner or operator shall transmit a report to the Secretary that:
(1) Describes the requests;
(2) Provides an explanation as to why the requests could not be accommodated; and
(3) Provides a time frame within, if any, the airport will be able to accommodate
requests.
b. Such report shall be due on either February 1 or August 1 of each year If the airport has
been unable to accommodate the request(s) in the six month period prior to the
applicable due date.
IV. Standard DOT Title VI Assurances
The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the
Department of Transportation (DOT), it will comply with Title VI of the CMI Rights Act of 1964 (42 U.S.C.
2000d et seq.) and all requirements Imposed by 49 CFR Part 21, - Nondiscrimination In Federally Assisted
Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964
(hereinafter referred to as the "Regulations") to the end that no person In the United States shall, on the
ground of race, color, or national origin, be excluded from participation In, be denied the benefits of, or
be otherwise subjected to discrimination under any program or activity for which the applicant receives
Federal financial assistance and will immediately take any measures necessary to effectuate this
agreement. Without limiting the above general assurance, the sponsor agrees cormeming this grant that
A. Each "program" and "fa I[W (as defined in Sections 21.23(e) and 21.23 (b)) will be conducted
or operated in compliance with all requirements of the Regulations.
B. It will Insert the folkwWng clauses In every contract subject to the Act and the Regulations:
"Durfng the performance of this contract the contractor, forltre/f, Its assi1pnees and sucressors
in Interest MwehWfl r referred to as Me "owNractor"J agrees as follows:
I TIM
Terms and Conditions of AccWng Airport Improvement Program Grants (March 2011)
Page 27 of 30 G W)
The contractor shall not parddpate either directly or indirectly In the d/saiminaton prohlbRed by
sectlon 21.5 of the Regulations, Inducting employment practkes when the contract covers a
program set forth In Append& B of the Regulations.
3. Solkrtabrons for Subcontracts, Inciudlnhg Procurements of Materials and Equipment: In all
solicilabaxs ether by competitive b/dding or negotiation made by the contractor for war* to be
performed under a subcontract, induding procurements of materials or leases of equipmen4
each potential subcontractor or supplier shaNbe nobW by the contractor of the contractors
obl/gabbas under this contract and the Regulabdrxs re/adve to nc; ndtsUlrnlnabbn on the grounds
of race, color, or national onyin.
4. Informabbn and Reports. The contractorshahprov,+k aH/nfonnabbn and reports required by
the Regulatons or directives Issued pursuant thereto and shall permit access to its books,
records, accounts, otiersourres of Information, and l& fedllrles as may be determined by the
sponsor or the Federal Avfaton AdminlWabbo ( FAA) to be pertinent to ascertaln compllance with
such Regulations, orders, and Instruchbns Where any Infornhatbn required of a contractor Is In
the exclushe possesslon of another who falls or reAms to fumish this Intomiabinn, the oontradar
shall so catfy to ire sponsor or the FAA, as appropriate, and shaNset forth what Mortr it has
made to obtain ire IrAwrabbn.
5. Sanchons or Noncompliance. In the event of the contractors noncompliance with the
n ondBenminaton provishbna of this contrail; the sponsor shaN Impose such contact sanxribns as
it or the FAA may determirhe to be appropriate, IndudIng, but not lrntlied to.
a. Withholding of pagnenty to the contractor under the contact unt the contractor
oznplles, and/or
b. Cancedabb% term /naton, or suspenslon of the cvn&d4 rn whole or In part
6. Inmrporabbo ofProviskm The mnbactorshalllndude the provisions ofparegrap/hs 1
through 51n every subconha4 Induding procurements ofmatetk* and looses of equipment,
unless exempt by the Regulations or dlrecdees Issued pursuant dherety. The contractor shag
take such action wldh respect to any subcontract or pnxvrennentas the sponsor. "
C. Where Federal financial assistance Is received to construct a facility, or part of a facility, the
assurance shall extend to the entire facility and facilitles operated In connection therewith.
D. Where Federal financial assistance is In the fonn or for the acquisition of real property or an
Interest In real property, the assurance shall extend to rights to space on, over, or under such
property.
E. It will Include the following clauses, as appropriate:
"1. The (grantee, itansee; lessee, pemh/tee, eft, as approprate) for hlmsetf, his heirs; personal
representiMoes, successors in Inferes4 and asstw, as a part of are oonskfaabin n twent does
herebycvvenant and agree (In the case ofdae& and leases add "as a covenant running wJtlr the
land') that In the event fadlhries are constrrxted, mairdalned, or odnerw ise operated on the Bald
property described In this (deed, /kense; lease, pemtlt, etc) far a purpose Nor whlrh a DDT
program or activity Is extenoed or for another purpose Involving the provlsAon ofs/m/iar servkrs
or bed the (grantee Ikeusep, ,tease.; pemnf n etc) shag malntahn and operate such
fedfflm and sery In comoOnae wlffi another requirements Imposed pursuant to 49 OW Part
21, Nbndbak" /natiar In Feobaa Ani;ted Pmgrurn s of the Departrnent of Transporfabfaa and
as said Regulators may be amended.
Terms and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 28 of 30 / i
2. The (grantee, /kensee, lessee, permmllee, etc:, as appropriate) hx hknse/f, his persona/
representabi es, sucressors in Interest, and assigns, as a pan: of the considerdbbn hereof, does
hereby covenant and agree (In the case of deeds and leases add "as a covenantrunn/ng with the
land') that,• (1) no person on the grounds of race, color, ornabbw/ origin shall be e%dUko' from
parbdpabbn /n, denkd the benelils of, or be otherwise subjected to dlscrtminabon In the use of
said fadllte; (2) that In the construeribn of any Improvements on, over, or under such land and
the fum/sh/ng of services thereon, no person on the grounds of race, color, or natahal or/gIn
shall be exdud9d from partapabbn /n, denkd the bens tf of, of otherwise be subjected to
dlscriminathn, (3) that the (grantee, /kiensee, lessee, pemhlttew etc.) shall use the prr mises In
compliance with aN other requirements bnpased by or pursuant to 49 OW Part 11,
Nondlsimm /nation /n Federal$, Asslsted Programs of the Deparbnent of Transpatabbn, and as
said Regulatonshs may be amended, of the FAA may dlrec as a meam ofenfacng such
provlslorhs Indading sancbbns or noncomolance, Prov *d, however, that in the event contact
beca m s Involved /n, or Is threatened with, lltgaton with a subcontractor or suppVkr as a result
of such dlrecbbn, the contractor may request the sponsor to enter Into such I/tgabbn to protect
the Interests of the sponsor and, in addlton, the contractor may request the Un/ed Slates to
enter Into such I/tgat/on to protect the Interests of the Untied States "
as a covenant running with the land, In any future deeds, leases, permits, licenses, and similar
agreements entered into by the sponsor with other parties:
1. for the subsequent transfer of real property acquired or Improved with Federal financial
assistance under this Project; and
2. for the construction or use of or access to space on, over, or under real property acquired or
improved with Federal financial assistance under this Project.
F. This assurance obligates the sponsor for the period during which Federal financial assistance is
extended to the program, except where the Federal financial assistance is to provide, or Is in the
form of personal property or real property or Interest therein or structures or Improvements
thereon, in which case the assurance obligates the sponsor or any transferee for the longer of
the following periods.
1. the period during which the property is used for a purpose for which federal financial
assistance is extended, or for another purpose Involving the provision of similar services or
benefits, or
2. the period during which the sponsor retains ownership or possession of the property.
G. It will provide for such methods of administration for the program as are found by the Secretary
of Transportation or the official to whom he delegates specific authority to give reasonable
guarantee that k other sponsors, subgrantees, contractors, subcontractors, transferees,
successors In Interest, and other participants or Federal financial assistance under such program
will comply with all requirements Imposed or pursuant to the Ad, the Regulations, and this
assurance.
H. It agrees that the United States has a right to seek judicial enforcement with regard to any
matter arising under the Act, the Regulations, and this assurance.
This assurance Is given in consideration of and for the purpose of obtaining Federal financial ACE -1450 Standard
DOT Title VI Assurance 8/29/96 assistance for this Project and is binding on Its contractors, the sponsor,
subcontractors, transferees, successors In Interest and other participants in the Project. The person or persons
whose signatures appear below are authorized to sign this assurance on behalf of the sponsor.
femis and Conditions of Accepting Airport Improvement Program Grants (March 2011) Page 29 of 30
(' (A)
V. Sponsor Acceptance of Terms and Conditions
I certify that, for any and all projects with federal participation to be undertaken by the
Sponsor, the Sponsor agrees to accomplish the projects within the berms and conditions
contained herein.
Name of Sponsor
Signature Sponsor's Designated Official Representative
Title
Dated
Terms and Conditions of Accepting Airport Improvement Program Grant (March 2011) Page 30 of 30 � (A)
City of Hutchinson
111 Hassan St SE
Hutchinson MN 55350
(320) 234 -4216
APPLICATION FOR LICENSE RENEWAL
for On -Sale Intoxicating
R
Fraternal Order of Eagles Hutchinson Aerie
4441
Attn: Dale Manderscheid
1000 Hwy 7 West
Hutchinson MN 55350
LICENSE
Issued To: Fraternal Order of Eagles Hutchinson Aeri Description
DBA: Fraternal Order of Eagles Hutchinson Aeri. On -Sale Intoxicating
Address: 1000 Hwy 7 W
Hutchinson MN 55350
APPLICANT 41
Name: Fraternal Order of Eagles Hutchinson Aerie 4441
Address: 1000 Hwy 7 W.
Hutchinson MN 55350
Contact/Attn: Beth Fruetel
Telephone: (320}589 -i54; 34�0401R
Fax:
Federal Tax Id:
State Tax Id:
SSN:
INSURANCE
License Nbr: 00002676
Applicant: 41
INSTRUCTIONS:
Make any corrections, sign and return
this application, along with the license
fee, to the City of Hutchinson, by
2/11112011. Make check payable to:
City of Hutchinson.
License Expires: 03/31/2011
Fee Type Lic Units Amount
Base $3,700.00
Total: $3,700.00
Pursuant to Liquor Regulations Ordinance Chapter 112.026, a certificate of insurance is required to meet or exceed the limits in
the ordinance. The policy period must run from April 1st to April 1st or March 31st to March 31st.
CHECKLIST
❑ A managers form must be completed and returned.
❑ ST -1 forms must be submitted.
1 certify that the information provided is accurate and complete to the best of my knowledge.
Signature ofApplicant
- F—) I/
Date
Y USE ONLY.
Recd ..
Edwards Receipt #
Co (-Q
City of Hutchinson
I 1 I Hassan St SE
Hutchinson MN 55350
(320) 234 -4216
APPLICATION FOR LICENSE RENEWAL
for On -Sale Sunday Intoxicatiing
C
Fraternal Order of Eagles Hutchinson Aerie
4441
Attn: Dale Manderscheid
1000 Hwy 7 West
Hutchinson MN 55350
LICENSE
Issued To: Fraternal Order of Eagles Hutchinson Aeri- Descri to ion
DBA: Fraternal Order of Eagles Hutchinson Aeri, On -Sale Sunday Intoxicating
Address: 1000 Hwy 7 W
Hutchinson MN 55350
APPLICANT 41
Name: Fraternal Order of Eagles Hutchinson Aerie 4441
Address: 1000 Hwy 7 W.
Hutchinson MN 55350
Contact(Attn:
Telephone:
Fax:
Federal Tax Id:
State Tax Id:
SSN:
INSURANCE
Beth Fruetel
(320)5$4+ 5929_2{-04OLP
License Nbr: 00002691
Applicant: 41
INSTRUCTIONS:
Make any corrections, sign and return
this application, along with the license
fee, to the City of Hutchinson, by
2118x2011. Make check payable to:
City of Hutchinson.
License Expires : 03/31/2011
Fee Ty L;ic Units Amount
Base $125.00
Total: $125.00
Pursuant to Liquor Regulations Ordinance Chapter 112.026, a certificate of insurance is required to meet or exceed the limits in
the ordinance. The policy period must run from April 1st to April 1st or March 31st to March 31st.
CHECKLIST
❑ A managers form must be completed and returned.
❑ ST -1 forms must be submitted.
I certify that information provided is accurate and complete to the best of my knowledge.
Signature ofApplicant
1(
Date
CITY USE ONLY:
Date Recd
ID Edwards Receipt # /
�P
CERTIFICATE OF LIABILITY INSURANCE
Insurance Planners
201 Main Street South
PO Box 68
Hutchinson MN 55350
Phone:320- 587 -2299 Fax:320- 587 -0808
FRATERNAL ORDER OF EAGLES
HUTCHINSON AERIE 4441
1000 Hwy 7 W
Hutchinson MN 55350
ONLY AND CONFERS NO RIGHTS UPON
HOLDER. THIS CERTIFICATE DOES NOT
ALTER THE COVERAGE AFFORDED BY 1
INSURERS AFFORDING COVERAGE
INSURER A, Scottsdale Insu
INSURER B:
INSURER C:
INSURER D:
INSURER E'
DATE (MWDDIYYYY)
YVw�
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICTED. NOTW
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TD ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. R iii !1 111111 11
ER PATE GATE MRl LIMITS
POLICY NUMB
LTR N TYPE OF INSURANCE �.ru nrn lRRFNCE 5
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE 0 OCCUR
GENL AGGREGATE OMIT APPLIES PER
1 m..' F7 �m nLOC
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
GARAGE UYIBM1ITY
—
ANY AUTO
EXCESS I UMBRELLA LIABILITY
OCCUR 0 CLAIMS MADE
DEDUCTIBLE
RETENTION
AGG 1$
COMBINED SINGLE LIMIT 5
(Ea acddmd)
BODILY INJURY S
(Per Pa ) -
BODILY INJURY $
er a
(Podd.A)
PROPERTY DAMAGE $
(Per eccldmd)
AUTO ONLY. EAACCIDENT 5
OTHER THAN EA ACC S
AUTO ONLY: AOG I 5
S
S
S
Y I N I c.L EACN ACCIDENT $
E.L OISEASE- EA EMPLOYE 5
ry ... SF. POI ICY LIMB S
OR
NAIC S
OTHER
A LIQUOR LIABILITY CPS1290279 03/15/11 03/15/12 Ea Occur 500,000
pagregate 500 000
DESCRIPTION OF OPERATIONS I LOCATX)NS 1 VEHX:LES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL pRpY1310NS
Location Address: 1000 Hwy 7 West, Hutchinson, MN 55350.
Policy covers all catered events at any location.
CITY OF HUTCHINSON
111 HASSAN ST SE
HUTCHINSON MN 55350
;ANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPOUITRJI
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 10 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO So SHALL
IMPOSE No OBLIGATION OR LIABILITY OF ANY VINO UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES
AUTHORIM REPRESENTATIVE
Jeff F Borkenhagen, CIC
The ACORD name and logo are registered marks of ACORD
(., (-e)
3`✓
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel Hatten6fi/'
DATE: April 12, 2011
RE: Consent Agenda — Transient Merchant License — Ivan Schrodt
A background check was conducted on Mr. Ivan Schrodt in reference to his obtaining a
transient merchant license in the City of Hutchinson. Mr. Schrodt is a volunteer for the
National Corvette Museum and is requesting a license for providing sales of clothing
and Corvette Museum memorabilia at the Corvettes for a Cause Show on May 27, 28,
29, 2011. The sales would be conducted at the Victorian Inn and Library Square.
This is the second year that Mr. Schrodt and the Corvette Show have been in
Hutchinson. According to our records, there were no concerns or problems with the
show last year.
Mr. Schrodt does not have a criminal history. In searching the resources available to
Hutchinson Police Services, no concerning information was located. Nothing had
changed from the previous background check completed on Mr. Schrodt.
It would be my recommendation to grant the transient merchant license to Ivan Schrodt.
Iblm
2011 -01 -0004
uvf
."B 1 v. i
)a
111 IimsM SUM Soulkasl
ilutcnimm.MN 55350
I i 30l sSi.515 V1 :. 1320} 7.71-240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
4 Application Type (choose one)
Solicitor S125-00 (late of Application .3 1.7. _ ,#
Transient Merchant 5125.00
O Peddler $125.00
❑Parade Peddler 530.00 ale—ar-
2" X T' Picture Required
I
I
Name:
Height: _ . Weight' L1 ryeColor
-x—�
L)rtvcr's License Numbe 'Jv.
Permanent Addres.�
ZIP
Permanent Telephoner
femporafy Address:
Staa
______, _.. __. Temporary I clephone Access: _
--
Ha� c ut ixen convicted of nv crime. misdemeanor. or violation of any municipal nnfinance, other than
iraffc violation? Dyes no
I f yes, state the nature a utTerse and punishment or penalty assessed therefore .
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1 hereby certify 1 have completely filled oat the entire dove application and thm dw application is true. cortact, and accuratc.
1 fully understand that any person who violmes arty provision of the Peddkm Solicitors, and Transient Merchants Ordinance
tin. 673 is guilty ors misdemeew and upon conviction thereof %Wl be ponithed by a fore no exceediag S 1,000.00 or by
imp , for a period not exceeding 90 days of both. phm in cidwr cm. dx toss of prosecution.
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MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel Hatte
DATE: April 19, 2011
RE: Consent Agenda
2011 Water Carnival Events
I have reviewed the letter sent to City Administrator Jeremy Carter by Commodore Brian
Knorr of the Hutchinson Jaycees regarding the 2011 Water Carnival and the events
surrounding the celebration.
My staff has met with the Jaycees and discussed their request regarding the police
department's participation during the Water Carnival Celebration. I am comfortable and
confident that we can meet the needs of the Jaycees and recommend approval of their
request.
/csb
2011 -01 -0005
April 16, 2011
Jeremy Carter, City Administrator
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
Jeremy,
Hutchinson Jaycee Water
Carnival
PO Box 624
Hutchinson, MN 55350
www.watercarnival.org
The 69th Annual Hutchinson Jaycee Water Carnival will be held from June 13th _ 19th
this year, and the entire committee is working hard to prepare for it. We are requesting
that approvals and permits be issued for the 2011 Water Carnival as follows:
1. Close the appropriate streets and issue a Parade permit for the Grande Day Parade on Sunday,
June 19`h, from 11:00 AM to 4 00 PM. We are working to have this year's parade route the same
as last year's MN Dot has granted approval for the same route as last year. Again this year we
request there would be no parking on 1st Ave SE from Main Street to Hassan, 2otl Ave NW/
Franklin St to Washington, and no parking allowed in the parking lot behind Dunn Brothers Coffee
due to space needed for parade units.
2. Close or monitor intersections at all necessary points for Parade Route on Sunday, June 19",
from 10 00 AM to 4'00 PM, including posting parking signs in designated areas as determined by
Hutchinson PD.
3. Issue a permit to o�erate concession stands during Water Carnival on Friday, June 17th,
Saturday, June 18' and Sunday. June 19" on 1 "Avenue NE from Main Street to Hassan Street
4. Issue a permit to operate concession stands during the boat parade on Tuesday, June 14" near
the Crow River /Les Kouba Point.
Issue a permit for a fireworks display on Sunday, June 19'h beginning at approximately 10:00 PM
to be displayed over the Crow River. Fireworks will be launched from either AFS Park or the park
just to the west of School Road (behind Super America). Fire Chief Brad Emans will be notified
concerning the display of fireworks. The Water Carnival committee will arrange to have Sheriff
Department, Fire Department and Ambulance support on hand No parking will be allowed on
School Rd from Hwy 7 W to Lewis Ave.
CC)
6. We have contracted with Mini Biff, Inc. to provide portable lavatory services for the Grand Day
Parade route, Parade staging area, Carnival and Concessions area, and at Roberts Park for
Sunday's performance.
7. Request permit for Amusements Attractions, to have carnival rides, games and concessions
available to the public Thursday, June 16'h through Sunday, June 19 . Amusements Attractions,
anticipates needing exclusive access starting after 6:00 PM on Monday the 15th to the area
located just west of the Gopher Camp Fire Sanctuary ('See attached document). This area will be
occupied by the carnival, games and vendors, support vehicles, carnival management, etc.
8. Request permit for free public concerts to be held at Riverside Park from approximately 7:00 PM
to 9:45PM on Thursday, June 16th and Sunday, June 19`". We are also requesting allowance for
the public to bring their own alcoholic beverages to be consumed during the concert. No alcohol
will be sold on site for this event.
9. The Boat Parade will require the use of the north half of the Roberts Park parking lot. The
Hutchinson Police Department has agreed to provide assistance for this event to minimize
parking congestion.
10. The Kiddy Day parade will be held at Library Square in downtown Hutchinson and the Hutchinson
Police Department has been contacted and agrees to be present to monitor traffic flow.
11. The Hutchinson Jaycee Water Carnival sporting events and water events chairs will coordinate
traffic flow and control with the Hutchinson Police department for the events including Motor
Cycle ride, 8K - 5K — Family Fun runs, Bike Ride, Kick Ball, Canoe Races, and the Water Ski
Show.
The Water Carnival is a non - profit event, and the Jaycees would appreciate the waiver
of any fees or rentals during the duration of the Water Carnival to help defray expenses.
We appreciate the assistance received from the City of Hutchinson and its staff, and we
could not have a community celebration without this support.
If you should have any questions or concerns, or would like additional information,
please contact me at the numbers shown below.
Thank you,
Brian J. Knorr cc:
Steve Cook, Mayor
Commodore, 2011 Hutchinson Jaycee Water Carnival
Dan Hatten, Chief, HPD
(320) 587 -7757 (home)
Jim McKay, Ambulance Services
Brad Emans, Fire
(320) 583 -7377 (mobile)
Dolff on, PRCE Director
Brian @Hutchtel.net
9
�✓Jl
l I I Hassan Street Southeast
Hutch men, MN 55350
(320) 587- 51511Fav (320) 234 -4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application TXpe
Short Term Date(s)
Fee: $30.00
Month /Da /Year– Month%Da /Year
S611 LL.. '!CS r
Organization Information
��WC o ff7c �LttiN m lA%Y
J—b7— 2 L41
Name
Phone Number
rl71f1/)%L'17
/11�1%Mk?�3
Address where regular meeting are held
City
(
Day and time of meetings? /-,5,r / /' (.�.i !L� 0-i
, /,/ .,- �SLtute /� /trzip /
T 1 1 e fno—q / #'5 6 y "x/
Is this organization organized under the laws of the State of Minnesota?
`yes ❑ no
n
How long has the organization been in existence? f? How may members in the organization?
�y
What is the purpose of the organization?
In whose custody will organization records be kept?
p
Name
Phone Number
Mr? 5.5 3:5
Address
Citv State zip
True Name Phone Number
5-gE 53
Residence Address City State Zip }
Date of Birth: .5 / t y L. 4 9 Place of Birth- -��7G7/�J' I 'A) /'l/
Month /day /year City State
Have you ever been convicted of any crime other than a traffic offense? yes ❑ no
If yes, explain:
N
6h Iuh.S ;2'bLVp
!Dp IQi Dit'7um
F�CL`1'e e4
('40
City of Hotchinson
Application jorBingo Gambling Devices License
Page 1 aj 3
Designated Gamblin Man a er ( tali red under Minnesota =A—
DSP� ih 23� - 3.51/"I
True Name one Number
3 1 L ��
Residence Address e Zip
Date of Birth: 0 b I Z6 / l � U z.. P— N. D .
Afonth /day /year City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes Arno
If yes, explain:
How long have you been a member of the organization?
Game Information
Location #1
�aNC.+�IYt/ Mc�J r� I'l7Jli1.[i L(� �r
Name of location where game will be played Phone Number
ldlN6 -7DA) ,Pi? �)33
Address of location where game will beplayed rC�ity State zip.��^
Date(s) and /or day(s) gambling devices will be used: tt qv� /l� through laxe -J
A ,�// AM
Hours of the day gambling devices will be used. From
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? !4 yes ❑ no
If yes, will a charge be made for such refreshments? ❑ es ALO,
Game Information
Location #2 "4.1:11
_l�nr�� Tn✓�rl�cr� L(?�P>�l
Name of location where game will be played Phone Number
Address of location where game will be plaved City State zip
LU
Date(s) and/or day(s) gambling devices will be used: e 0.5 through \/Z47de 25
A A
Hours of the day gambling devices will be used From i To M
Maximum number of plaver:
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 ves, will a charge be made for such refreshments? ❑ yes no
of the
Residence Address City State Zip
Name Title
Residence Address City State Zip
C',y of Hu(chinson
Applieanon to, Bingo Gambling Devices License
Page 3o S
Name
Title
1013
c� 6�2
Residence Address
City State Zi
Officers or Other Persons Paid for Services Information (if necessa g
, list additional names on separate sheet
Name
Title
sidence Address
Citv State zip
an
Title
sidence ress
Citv 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)'? �A
Gambling Manager iA yes o Authorized Officer Ayes ❑ no t• lA� %
1= 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 officer of organization Date
Signature ofgambling
Internal Use
City Council ❑ approved ❑ denied Notes:
-�'-Y- 2,�'z(
Date
v�)
mwp,
11 I Hassan Street Southeast
Hutchinson, MN 55350
(320)587 -5151 /Fax:(320)234 -4249
Short Term 3.2 Malt Liquor
Fee: $125.00
City of Hutchinson
APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE
In provisions of the City of Hutchinson Municipal Code Chapter 112
All applications must be received at least 10 days before City Council Meeting in order to be considered
Applicant Information
Business/Organization Name
P�ho�n�e Ntemb�er�
(�&42
�LL�LK!
Business /Organization Address
City
SELL!
State Zip
e of Business/Organization
Applicant Name
Phone Number
7S I/ r u l kdl 1���?
Applicant Address
CitV
State Zip
Officer(s /Owner(s of the Or anization /Business (if necessa
, list additional names on se orate sheet)
o�p a r / ('P
Name
Title/
/ Name
f
' Name
Titl
3.2 Malt Li uor Sales Information
Location ofSales JDate(s) ofSales
Address Contact Person
The following items need to be completed and/or attached in order for the application to be processed:
Application fee paid in full (check or money order): IQi yes ❑ no
in full and
Oyes ❑no
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those
certain premises in the City of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21
years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of
said applicant or any interest therein. rI p .1 -4 IA5PD
cy'dl 121'1
City of Hwchinson
Application for ShonTenn 9 2 Mall
Liquor License -- On -Sale
Page 1 of2
That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and
hereby agrees to observe and obey the same.
Each Applicant further states that he /she is not now the holder of, nor has he /she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
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.
Signal e of authorized applicant Date
Z41 '04g:LL
jd approved El denied Notes:
(e
Police Chief Signature
(, C)
APPLICATION FOR PUBLIC DANCE PERMIT
FEE $55.00
q— 15 -11
Can7� mesd fo- sec,
.' /S
Signature of Applicant
IMF
4
��lFOF M�NMF-�P
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133, St. Paul MN 55101 -5133
(651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555
W W W.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
TYPE OR PRINT INFORMAL [ON
�T .tlry,�y
JV '7 5
NAME OF ORGANIZATION
DATE ORGANIZED
S
TAX EXEMPT NUMBER
J -r-1- 1 gs 3 _�3
STREET ADDRESS
O GtJ
CITY
16 �G IV
STA/JT
�E
/i l
ZIP CODE
-.5- 5-5_6'
NAME OF PERSON MAKING APPLICATION
tozl -7r' uL
BUSINESS PHONE
HOME PHONE
DATES LIQUOR WILL BE SOLD i
UN %G �i
TYPE OF ORGANIZATION
L B HARITA ELI I THERNONPROFIT
ORGANIZATION OFFICER'S NAME
�f_v. G &,e '4Lp S. 1� aloL
ADDRESS
/aj6 t2ceAu &S((J �iyrct/rNS'o.M /1��i
ORGANIZATION OFFICER'S NAME
ADDRESS
ORGANIZATION OFFICER'S NAME
ADDRESS
Location license will be used. If an outdoor area, describe
4612,ro.o Lcukt,s� Ft4tie
�o�oUVJs_
Will the applicant contract for intoxicating liq,u��o //r service?
If so, give the name and address of the liquor licensee providing the service.
Will the applicant carry liquor liability insueance? If so, please Qrovide the carrier's name and amount of coverage.
UE� �Ar�ta�i' /l9utu�c /V�
APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING
ENFORCEMENT
CITY /COUNTY DATE APPROVED
CITY FEE AMOUNT LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and /or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event
PS-09079 (05/06)
(0 ���
7 J A Short Term 3.2 Malt Liquor
r�j^/ V Fee: $125.00
111 Hassan Street Southeast
Iiutchinson. NIN 55350
(320) 587-5151T _v: (320) 234-4240
City of Hutchinson
APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE
In provisions of the City of Hutchinson Municipal Code Chapter 112
All applications must be received at least 10 days before City Council Meeting in order to be considered
Applicant Information
0(�)wz_2 tou I l Ma t�w>als
ZLC
ao �y -ygoa�
Business %Organization .Vane
Lji0_�a3 i�& , S_+
Bu siness 1Orga`—niz'ationAddress
t- V a_+ I oyya I �C QL �lt_ ( (, ✓oQ
Type of BusinesvOrganization
Phone Number
MN S533�0
/� Citp State zip
/45 .J :S is 0 -rt--h 6)"A N 1 Pgqj
Applicant Name
Phone NuniAr
Applicant.- lddress
City
State Zip
Officer(s) /Owner(s) of the Organization/Business (if necessary list additional raames on separate sheet)
Name
Title
— -
-ame
Title
[3.2 Malt Liquor Sales Information
MC CIc� C.n- - 1 ire ruann(s Sir, I /?d 1 E -4.1 2 11
Location of Sales Date (s) ofSales
Address Co act Person
Checklist
The following items need to be completed and/or attached in order for lire application to be processed:
Application fee paid in fill (check or money order): 8 es ❑ no
Application completed in fill and signed by applicant: yes ❑ no
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption' ON" those
certain premises in the Citv of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute: and has attained the age of 21
Nears, that lie /she is proprietor of this establishment for e hick the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has am° ownership. in whole or in part, in said business of C 0
said applicant or any interest therein. /�-P
w
9j��JIIr, 1
Citeof11 rchin.:on
dpphcarion for Short7w'm :3 dtalt
Llgrmr Lice,, —On -Sale
Page 1 o('
That said applicant makes this application pursuant and subject to all the tanks of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof. and
hereby agrees to observe and obey the same.
Each Applicant further states that he /she is not now the holder of nor has he /she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
I declare that the information I have provided on this application is truthful- and I authorize the CAN of Hutchinson to
investigate the information submitted.
applicant
approved ❑ denied Notes: ._
Police Chief Signature
Date
Date
118 '\
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel Hatter
DATE: April 20, 2011
RE: Consent Agenda — Transient Merchant License — Dean Schlueter
A background check was conducted on Dean Schlueter in reference to his obtaining a
transient merchant license in the City of Hutchinson. Mr. Schlueter owns and operates
The Garden, a greenhouse and garden supply store, which is located in the parking lot
of the vacant Cub Foods Building. The Garden has been in this location since 2008.
Mr. Schlueter has had a transient merchant's license with the City of Hutchinson since
2006. Nothing has changed with his information that would limit him from receiving this
license again.
It would be my recommendation to grant the transient merchant license to Dean
Schlueter.
blm/
2011 -01 -0007
912
I 1 I Hassan Street Southeast
Hutchinson, MN 55350
(320)587- 51511Fae:(320) 234 -4240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
❑ Solicitor
Transient Merchant
$125.00 Date of Application
$125.00
❑ Peddler
$125.00
❑Parade Peddler
$30.00
Aeplicant Information
2" X 2" Picture Required
Name:
Height: Weight: j Eye Color.
FCn
Driver's License Number:
State:
Permanent Address: 1 -� S y a
4)'Ail 101scr\
s Aso
City State
Zip
Permanent Telephone: S27— 93011
Temporary Address:
City State
Zip
Temporary Telephone Access:
Have you been convicted of any crime,
traffic violations? ❑ yes E'no
misdemeanor, or violation of any municipal ordinance,
other than
If yes, state the nature of offense and punishment or penalty assessed therefore:
GO
City of Hutchinson
Application for Peddlers, Solicitors, and Transient .Merchan[s
Page 2 of 4
Location Information
Location Name
[of 1"
{Gjr
iIZ,L �3.O
Location Address
Ci State zip
Business Information
Describe relationship between applicant and employer:
Describe nature of business and describe item(s) offered:
�C✓1G�- I �. ����2Y1Se.
1 1
Describe method of delivery:
Y LLC \ 1 r �� C 1Yu
C� �� t V C ✓�I C 17
C�—. S—'Q \ 1
Describe source of supply:
} V i hi> -\ S
Supplier Name
Suppler Phone Number
S Sur, a S3s-" Ade
n N a
Supplier Address
City State Zip
1
0�r
S)� - Y (P2 -.3d-C) -a-
Supplier Name
Suppler Phone Number
OUI l 01fd' 2✓ Inc
i �"� N1n ssooH
Supplier Address
C State Zip
Supplier Name
Suppler Phone Number
SupplierAddress
Cy State —Zip
Reference Information
Provide two (2) property owners (preferably in McLeod County) for character references:
1 i
Sla �f3�
Property Owner Name
Property Owner Phone Number
Aj h SS -?'Y0
Property Owner Address
City State Zip
�1 C\8 ; ede., r-c,
5�67- aal()
Property Owner Name
Property Owner Phone Number
1 II
tlwl�r� AI _ S sSZJ
Properly Owner .Address _
C141 Stale zip
City of Herchtnson
Applicahon far Peddlers, Solicitors, and Transient.1?erchanls
Page 3 oj9
Reference Information
List last (up to three (3)) previous city(ies) where you carried on same activity:
City State
to
Date(s) of Activity
to
City State Date(s) of Activity
to
Ctry State Date(s) of Activity
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/investigation fee paid in full (check or money order): ;ayes ❑ no
Application completed in full and signed: ❑'yes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
Internal Use Only
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
H Sdwc ,T,e.swncd«
V -%3- //
Dare
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel Hatter
DATE: April 20, 2011
RE: Consent Agenda — Transient Merchant License — Phillip Westby
A background check was conducted on Phillip Westby in reference to his obtaining a
transient merchant license in the City of Hutchinson. Mr. Westby is the owner and
operator of the Country Stop. The Country Stop sells fresh produce and will be located
at 945 Highway 15 South. The Country Stop has been in business and receiving
transient merchant's licenses since 2002. The previous owner operator was Richard
Siepel.
Mr. Westby does not have a criminal history or a driving record. In checking the in-
house records system of Logis member cities, there has been no contact with him.
It would be my recommendation to grant the transient merchant license to Phillip
Westby.
Iblm
2011 -01 -0006
(,(OA)
d
I11 Hassan Street Soulheasl
Hutchinson, MN 55350
(326) 5375 151 /Fas_ (320)2,4-424U
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
(� )
❑ Solicitor
$125.00 Date of Application
N( Transient Merchant
$125.00
❑ Peddler
$125.00
DPamdePeddler
530.00
Applicant Information
�" 2 Plcturc Reauired
_57 O4✓P/t W �S� — Tl'l� �Oa�7T /j�O
Height d'Z Weight ZZS Eye Color: ZL
- _
Driver's LicenseAumber: State: /N/✓
�4
'Permanent
Address: 230ao iyr✓ S�` S
a°
/l Ge,7 /'1/✓ Sd273
cm, State ZIP
` 1
{ 7
Permanent Telephone: 3Z�l��� /'"Z
Temporary Address:
�'
Cily Sto[e Lp
Temporary Telephone Access:
Have you been convicted of any crime,
_
misdemeanor, or violation of any municipal ordinance, other than
traffic violations? ❑ yes Xno
If yes, state the nature of offense and punishment
I
or penalty assessed therefore:
I
—
City ofHeachinso.
Application for Peddlers, Solicitors, and Transient Merchants
Page 2 of 4
`Loc tion Information
Location ,Shame
Location Address
City State ZIP
Business Information
Describe relationship between applicant and employer:
OWir��
Describe nature of business and describe item(s) offered:
/
/�e79i� Sii�ff O� 7q/M f'/`t°f/�
j7�O�rrLt°
4)Ofars�
Describe[ method of delivery:
/el/'G�
Describe source of supply:
Supplier Name
Suppler Phone Number
Supplier Address
City State Zip
Supplier Name
Suppler Phone Number
Supplier Address
Goy State Zip
Supplier Name
I
Suppler Phone Number
Supplier Address
City State ZIP
- Reference .Information. -
Provide two (2) property owners (preferably in McLeod County) for character references:
SPYt°, rP�P,fm�
9f1- 93J- 13/S
Property Owner Name
Properry Owner Phone Number
/5900 F�yinq /OHOI
• Pro erry Owner Address
City State Zip
C f/o
Rl -360 S f7
Properry Owner Name
Property Owner Phone Number
27ys7 ��,�k��
�irS�n <�e /,�/✓ S6/6
Pro erry Owner Address
Ct State ZIP
4101 pd. t IZ5 00
City of Hutchinson
Application for Peddlers. Solicitors, and Transient Merchants
Page 3 of!
Reference Information (continued)
List last (up to three (3)) previous city(ies) where you carried on same activity
to
City State Date(s) of Activity
City State Date(s) of Activity
to��r�s
City State Date(,) of vet.,ity
.Checklist.'
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): ,ryes ❑ no
Application completed in full and signed: .dyes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
d t nt's Si attire Date
P 8^
Internal Use Only
Police l] approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
HaGcocs LA,,I ratio— TorldI or, Solicitor, Tor imt do,
�'6)
R55CKREG LOG22001VO
CITY OF HUTCHINSON
Council Check Register
Check# CkDate
Amount
Vendor/ Explanation
165005
4/13/2011
94,644.00
AMERESCO
165006
4/13/2011
200.00
HRA
165008
4/13/2011
1,643.05
MENARDS HUTCHINSON
165009
4/13/2011
75.00
MINNESOTA SPORTS FEDERATION
165010
4/13/2011
S,35S.80
MINNESOTA VALLEY TESTING LAB
165011
4/13/2011
9,214.58
MUELLERLEILE, SONJA & ERIC
165012
4/13/2011
39.48
QUADE ELECTRIC
165013
4/13/2011
38.50
R & R SPECIALTIES INC
165014
4/13/2011
105.15
TRI COUNTY WATER
165019
4/19/2011
2,175.44
ARTHOUSE
165020
4/19/2011
45,418.00
LEAGUE OF MN CITIES -INS TRUST
165021
4/19/2011
47,169.25
LEAGUE OF MN CITIES -INS TRUST
165022
4/26/2011
3,414.66
3D SPECIALTIES
165023
4/26/2011
468.00
AARP
165025
4/26/2011
569.94
ACE HARDWARE
165026
4/26/2011
45.72
ALLTEL
165027
4/26/2011
108.07
AMERICAN FAMILY INS CO.
165028
4/26/2011
46.12
AMERICAN WELDING & GAS
165029
4/26/2011
181.25
APWA
165030
4/26/2011
85.98
ARAMARK UNIFORM SERVICE
165031
4/26/2011
198.97
ARCTIC GLACIER PREMIUM ICE INC
165032
4/26/2011
66.31
ARROWHEAD SCIENTIFIC INC
165033
4/26/2011
450.00
ASHWILL INDUSTRIES
165034
4/26/2011
513.95
ASPEN EQUIPMENT CO
165035
4/26/2011
250.59
ATHLETIC METRO SUPPLY
165036
4/26/2011
215.38
B & C PLUMBING & HEATING INC
165037
4/26/2011
92.76
B. W. WELDING
165038
4/26/2011
130.00
BAERTSCHI, PAUL
165039
4/26/2011
17.64
BELLBOY CORP
4/13/2011
Account Description
IMPROV OTHER THAN BLDGS
HRA TRANSFER
SAFETY SUPPLIES
MISCELLANEOUS
OTHER CONTRACTUAL
HOUSING REHAB LOANS
REPAIR & MAINTENANCE SUPPLIES
CONTRACT REPAIR & MAINTENANCE
OPERATING SUPPLIES
COST OF MIX & SOFT DRINKS
ACCURED WORKERS COMP
GENL LIAB.- INSURANCE
SAFETY SUPPLIES
PROFESSIONAL SERVICES
OPERATING SUPPLIES
COMMUNICATIONS
ACCRUED LIFE INSURANCE
RENTALS
DUES & SUBSCRIPTIONS
SHOP MATERIALS
COST OF MIX & SOFT DRINKS
OPERATING SUPPLIES
OPERATING SUPPLIES
CENTRAL GARAGE REPAIR
OPERATING SUPPLIES
PROFESSIONAL SERVICES
RECEIVED NOTVOUCHERED
DUES & SUBSCRIPTIONS
COST OF MIX & SOFT DRINKS
165040
165041
165042
165043
165044
165045
165046
165047
165048
165049
165050
165051
165052
165053
165054
165055
165056
165057
165058
165059
165060
165061
165062
165063
165064
165065
165066
165067
165068
165069
165070
165071
165072
165073
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
4/26/2011
3,137.51 BERNICK'S
100.00 BOTZET, STARR
99.83 BRANDON TIRE CO
100.00 BROUCEK, GINA
82.62 BUSHMAN, RAQUEL
73.74 BUSINESSWARE SOLUTIONS
14,006.32 C & L DISTRIBUTING
1,345.00 C. D. HAUGEN INC
179.40 CALIFORNIA CONTRACTORS SUPPLIE
100.00 CARTER, BETHANY
139.96 CARTER, RANDY
88.13 CENTRAL MCGOWAN
100.00 CLABO, ARMINTA
18,438.95 COMMISSIONER OF TRANSPORTATION
5,382.18 COMMISSIONER OF TRANSPORTATION
12,060.07 COMMISSIONER OF TRANSPORTATION
22.00 CORRA GROUP
39.70 COUNTRY KITCHEN
246.70 CROW RIVER AUTO & TRUCK REPAIR
333.60 CROW RIVER GLASS DON'T USE
225.94 CROW RIVER GOLF CLUB
293.91 CROW RIVER SIGNS
200.67 CROW RIVER VET HOSPITAL PA
4,030.75 DAY DISTRIBUTING
125.00 DEHN, PETER
2,531.26 DPC INDUSTRIES INC
4,545.00 DUANE BLOCK TRUCKING INC
1,238.63 E2 ELECTRICAL SERVICES INC
100.00 EBERT, JEANIE
188.10 ECOLAB PEST ELIM
573.03 ELECTION SYSTEMS & SOFTWARE
300.00 EMERSON NETWORK POWER
100.00 ERLANDSON, JANNA
125.14 EWING, BRENDA
FOOD PRODUCTS - CONCESSION
HRA DEDUCTIBLE
CENTRAL GARAGE REPAIR
HRA DEDUCTIBLE
MISCELLANEOUS
DUE FROM UTILITIES
COST OF SALES -BEER
FREIGHT
REPAIR & MAINTENANCE SUPPLIES
HRA DEDUCTIBLE
UNIFORMS & PERSONAL EQUIP
OPERATING SUPPLIES
HRA DEDUCTIBLE
LAND
LAND
LAND
MISCELLANEOUS
MEETINGS
CENTRAL GARAGE REPAIR
CENTRAL GARAGE REPAIR
MEETINGS
MACHINERY & EQUIPMENT
OTHER CONTRACTUAL
COST OF SALES -BEER
SAFETY SUPPLIES
CHEMICALS & PRODUCTS
FREIGHT
RECEIVED NOT VOUCH ERED
HRA DEDUCTIBLE
RECEIVED NOTVOUCHERED
CONTRACT REPAIR & MAINTENANCE
HRA TRANSFER
HRA DEDUCTIBLE
OPERATING SUPPLIES
165074
4/26/2011
100.00
EXNER, ROXY
HRA DEDUCTIBLE
165075
4/26/2011
763.50
FASTENAL COMPANY
RECEIVED NOT VOUCHERED
165076
4/26/2011
17.73
FEDEX
165077
4/26/2011
285.64
FINANCE & COMMERCE
PROFESSIONAL SERVICES
165078
4/26/2011
190.00
FIRE SAFETY USA, INC
OPERATING SUPPLIES
165079
4/26/2011
118.80
FIRST CHOICE FOOD & BEVERAGE S
OPERATING SUPPLIES
165080
4/26/2011
15,391.88
FREMONT INDUSTRIES, INC
CHEMICALS & PRODUCTS
165081
4/26/2011
52.97
G & K SERVICES
OPERATING SUPPLIES
165082
4/26/2011
3,200.00
GAVIN, OLSON & WINTERS, LTD
PROFESSIONAL SERVICES
165083
4/26/2011
100.00
GIFFERSON, LYNN
HRA DEDUCTIBLE
165084
4/26/2011
390.09
GRANIT BRONZ
IMPROV OTHER THAN BLDGS
165085
4/26/2011
282.91
GRINA, LISA
FLEX ADMINISTRATION FEE
165086
4/26/2011
535.88
H.A.R.T.
ACCRUED DEFERRED COMP
165087
4/26/2011
317.04
HACH COMPANY
OPERATING SUPPLIES
165088
4/26/2011
32.00
HANSEN DEMOLITION LANDFILL
UTILITIES
165089
4/26/2011
707.50
HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
165090
4/26/2011
1,311.88
HARRIS SERVICE
CONTRACT REPAIR & MAINTENANCE
165091
4/26/2011
287.15
HASLER, INC
RENTALS
165092
4/26/2011
100.00
HATTEN,JOLENE
HRA DEDUCTIBLE
165093
4/26/2011
100.00
HAUGEN, BARBARA
HRA DEDUCTIBLE
165094
4/26/2011
112,658.00
HEALTH PARTNERS
EMPL.HEALTH & INS. BENEFIT
165095
4/26/2011
100.00
HED, RANDY
HRA DEDUCTIBLE
165096
4/26/2011
95.27
HERGENRADER, LISA
TRAVEL SCHOOL CONFERENCE
165097
4/26/2011
203.06
HEWLETT - PACKARD CO
OFFICE SUPPLIES
165098
4/26/2011
913.44
HILLYARD / HUTCHINSON
OPERATING SUPPLIES
165099
4/26/2011
88.43
HSBC BUSINESS SOLUTIONS
165100
4/26/2011
1,500.00
HUTCHINSON AREA CHAMBER OF COM
BAND CONCERTS
165101
4/26/2011
4,185.26
HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
165102
4/26/2011
728.59
HUTCHINSON SENIOR ADVISORY BOA
OPERATING SUPPLIES
165103
4/26/2011
826.17
HUTCHINSON WHOLESALE
MOTOR FUELS & LUBRICANTS
165104
4/26/2011
1,098.48
HUTCHINSON, CITY OF
UTILITIES
165105
4/26/2011
4,000.00
HUTCHINSON, CITY OF
MISCELLANEOUS
165106
4/26/2011
8.35
INDEPENDENT EMERGENCY SERVICES
COMMUNICATIONS
�/
165107
4/26/2011
6, 000.00
INSTITUTE OF TERRORISM RESEARC
TRAVEL SCHOOL CONFERENCE
i�
165108
4/26/2011
1,148.79 INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
165109
4/26/2011
123.71 INTOXIMETERS INC
OPERATING SUPPLIES
165110
4/26/2011
104.29 JACK'S UNIFORMS & EQUIPMENT
UNIFORMS & PERSONAL EQUIP
165111
4/26/2011
307.51 JEFF MEEHAN SALES INC.
ACCURED COMMISSIONS PAYABLE
165112
4/26/2011
1,376.61 JEFF'S ELECTRIC
REPAIR & MAINTENANCE SUPPLIES
165113
4/26/2011
6.21 JENSEN, JULIE
LICENSES & TAXES
165114
4/26/2011
600.90 A TAYLOR DIST OF MN
COST OF SALES -BEER
165115
4/26/2011
16,463.56 JOHNSON BROTHERS LIQUOR CO.
COST OF SALES- LIQUOR
165116
4/26/2011
100.00 JOHNSON, SUSAN
HRA DEDUCTIBLE
165117
4/26/2011
1,289.50 JUUL CONTRACTING CO
CONTRACT REPAIR & MAINTENANCE
165118
4/26/2011
300.00 KDUZ KARP RADIO
ADVERTISING
165119
4/26/2011
41.05 KLOSS, TOM
COMMUNICATIONS
165120
4/26/2011
125.00 KOSEK, RICHARD
UNIFORMS & PERSONAL EQUIP
165121
4/26/2011
1,595.00 KRISTICO, INC
FREIGHT
165122
4/26/2011
2,986.85 L & P SUPPLY CO
CENTRAL GARAGE REPAIR
165123
4/26/2011
14.29 LARSON, QUENTIN
TRAVEL SCHOOL CONFERENCE
165124
4/26/2011
100.00 LEVINE, AMY
HRA DEDUCTIBLE
165125
4/26/2011
32.00LEVINE,ERIC
TRAVEL SCHOOL CONFERENCE
165126
4/26/2011
134.00 LEXISNEXIS
OTHER CONTRACTUAL
165127
4/26/2011
64.70 LIFE INSURANCE COMPANY OF AMER
ACCRUED LIFE INSURANCE
165128
4/26/2011
23,026.82 LOCHER BROTHERS INC
COST OF SALES -BEER
165129
4/26/2011
24,470.90 LOGIS
OPERATING SUPPLIES
165130
4/26/2011
150.00 MADINA HOSPITALITY GROUP LLC
MEETINGS
165131
4/26/2011
88.71 MAIN STREET SPORTS BAR
OPERATING SUPPLIES
165132
4/26/2011
100.00 MATHWIG, MARK
HRA DEDUCTIBLE
165133
4/26/2011
422.26 MCLEOD COOP POWER ASSN
UTILITIES
165134
4/26/2011
3,238.11 MCLEOD COUNTY AUDITOR- TREASURE
LICENSES & TAXES
165135
4/26/2011
829.00 MCLEOD COUNTY AUDITOR-TREASURE
LICENSES & TAXES
165136
4/26/2011
340.00 MCLEOD COUNTY AUDITOR - TREASURE
LICENSES & TAXES
165137
4/26/2011
1,941.00 MCLEOD COUNTY AUDITOR - TREASURE
LICENSES & TAXES
165138
4/26/2011
1,768.00 MCLEOD COUNTY AUDITOR- TREASURE
LICENSES & TAXES
165139
4/26/2011
5.00 MCLEOD COUNTY COURT ADMIMSTRA
MISCELLANEOUS
165140
4/26/2011
46.00 MCLEOD COUNTY RECORDER
PRINTING & PUBLISHING
165141
4/26/2011
155.85 MCRAITH, JOHN
OPERATING SUPPLIES
100.00 MCRAITH, RENEE
1,700.00 MED COMPASS
63.96 MEHR, BRIAN
2,373.74 MENARDS HUTCHINSON
25.00 MESSAGE MEDIA
2,086.90 MEYER LABORATORY, INC
400.78 MIDWEST PLAYSCAPES INC
986.64 MILLNER HERITAGE VINEYARD & WI
HRA DEDUCTIBLE
MISCELLANEOUS
CAR ALLOWANCE - TRAVEL
REPAIR & MAINTENANCE SUPPLIES
COMMUNICATIONS
OPERATING SUPPLIES
OPERATING SUPPLIES
COST OF SALES -WINE
49.80 MINNEAPOLIS, CITY OF
165142
4/26/2011
TRAVEL SCHOOL CONFERENCE
165143
4/26/2011
10,990.02 MINNESOTA UNEMPLOYMENT INSURAN UNEMPLOYMENT INSURANCE
165144
4/26/2011
250.00 MN DEPT OF LABOR & INDUSTRY /CO
165145
4/26/2011
OTHER CONTRACTUAL
165146
4/26/2011
31.00 MRAZ, JANET
165147
4/26/2011
HRA DEDUCTIBLE
165148
4/26/2011
1,249.28 NASH FINCH COMPANY
165149
4/26/2011
DUES & SUBSCRIPTIONS
165150
4/26/2011
831.94 O'REILLY AUTO PARTS
165151
4/26/2011
TELEPROCESSING EQUIP
165152
4/26/2011
100.00 OLSON KAREN
165153
4/26/2011
165154
4/26/2011
165155
4/26/2011
165156
4/26/2011
165157
4/26/2011
165158
4/26/2011
165159
4/26/2011
165160
4/26/2011
165161
4/26/2011
165162
4/26/2011
165163
4/26/2011
165164
4/26/2011
165165
4/26/2011
165166
4/26/2011
165167
4/26/2011
165168
4/26/2011
165169
4/26/2011
165170
4/26/2011
165171
4/26/2011
165172
4/26/2011
165173
4/26/2011
165174
4/26/2011
165175
4/26/2011
100.00 MCRAITH, RENEE
1,700.00 MED COMPASS
63.96 MEHR, BRIAN
2,373.74 MENARDS HUTCHINSON
25.00 MESSAGE MEDIA
2,086.90 MEYER LABORATORY, INC
400.78 MIDWEST PLAYSCAPES INC
986.64 MILLNER HERITAGE VINEYARD & WI
HRA DEDUCTIBLE
MISCELLANEOUS
CAR ALLOWANCE - TRAVEL
REPAIR & MAINTENANCE SUPPLIES
COMMUNICATIONS
OPERATING SUPPLIES
OPERATING SUPPLIES
COST OF SALES -WINE
49.80 MINNEAPOLIS, CITY OF
OTHER CONTRACTUAL
1,745.00 MINNESOTA CLE
TRAVEL SCHOOL CONFERENCE
223.13 MINNESOTA SHREDDING
REFUSE - RECYCLING
10,990.02 MINNESOTA UNEMPLOYMENT INSURAN UNEMPLOYMENT INSURANCE
2,162.40 MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
250.00 MN DEPT OF LABOR & INDUSTRY /CO
PERMITS
3,550.00 MN DEPT OF NATURAL RESOURCES
OTHER CONTRACTUAL
48.09 MIN FIAM BOOK SALES
TRAVEL SCHOOL CONFERENCE
31.00 MRAZ, JANET
PARK FEES
100.00 MUELLERLEILE, ERIC
HRA DEDUCTIBLE
100.00 NAGEL, MELANIE
HRA DEDUCTIBLE
1,249.28 NASH FINCH COMPANY
CONTRACT REPAIR & MAINTENANCE
150.00 NATIONAL RECREATION & PARK ASS
DUES & SUBSCRIPTIONS
100.00 NORTHERN COLLABORATIVE TECHNOL
COMMUNICATIONS
831.94 O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
37.00 OFFICE OF ENTERPRISE TECHNOLOG
TELEPROCESSING EQUIP
72.83 OLSON'S LOCKSMITH
CONTRACT REPAIR & MAINTENANCE
100.00 OLSON KAREN
HRA DEDUCTIBLE
500.00 OPTIC FUEL CLEAN OF MN
CONTRACT REPAIR & MAINTENANCE
100.00 PENKE, JOEL
HRA DEDUCTIBLE
3,000.00 PERSYSTENT SOFTWARE
PROFESSIONAL SERVICES
7,673.71 PHILLIPS WINE & SPIRITS
FREIGHT
320.62 QUADE ELECTRIC
EQUIPMENT PARTS
2,000.00 QUALITY CONTROL & INTEGRATION
PROFESSIONAL SERVICES
93.99 QUALITY SALES & SERVICE, INC
REPAIR & MAINTENANCE SUPPLIES
8,057.92 QUALITY WINE & SPIRITS CO.
COST OF SALES- LIQUOR
376.18 QUILL CORP
165176
4/26/2011
SAFETY SUPPLIES
165177
4/26/2011
90.00 RIVERLAND COMMUNITY COLLEGE
165178
4/26/2011
HRA DEDUCTIBLE
165179
4/26/2011
26.00 SCHAUBERGER, STEVEN
165180
4/26/2011
HRA DEDUCTIBLE
165181
4/26/2011
64.20 SCOTT'S WINDOW CLEANING SERVIC
165182
4/26/2011
TRAVEL SCHOOL CONFERENCE
165183
4/26/2011
108.59 SORENSEN'S SALES & RENTALS
165184
4/26/2011
165185
4/26/2011
149.63 STANDARD PRINTING
165186
4/26/2011
OFFICE SUPPLIES
165187
4/26/2011
275.47 STRATEGIC EQUIPMENT
165188
4/26/2011
OPERATING SUPPLIES
165189
4/26/2011
1,074.35 THOMSON WEST
165190
4/26/2011
FREIGHT
165191
4/26/2011
114.47 TRAEN, MATT
165192
4/26/2011
MOTOR FUELS & LUBRICANTS
165193
4/26/2011
4,004.00 TWIN CITY PALLETS INC.
165194
4/26/2011
OPERATING SUPPLIES
165195
4/26/2011
81.84 UPTOWN PEPPER COMPANY
165196
4/26/2011
RENTALS
165197
4/26/2011
74.76 VERTECH SOLUTIONS & SERVICES
165198
4/26/2011
165199
4/26/2011
165200
4/26/2011
165201
4/26/2011
165202
4/26/2011
165203
4/26/2011
165204
4/26/2011
165205
4/26/2011
165206
4/26/2011
165207
4/26/2011
165208
4/26/2011
165209
4/26/2011
376.18 QUILL CORP
OFFICE SUPPLIES
174.63 REFLECTIVE APPAREL FACTORY INC
SAFETY SUPPLIES
9,092.36 REINER ENTERPRISES, INC
FREIGHT
90.00 RIVERLAND COMMUNITY COLLEGE
TRAVEL SCHOOL CONFERENCE
100.00 RUTLEDGE, PATRECIA
HRA DEDUCTIBLE
237.26 SALTMAN LLC
OPERATING SUPPLIES
26.00 SCHAUBERGER, STEVEN
RECREATION ACTIVITY FEES
100.00 SCHELLENBARGER, LANCE
HRA DEDUCTIBLE
17,412.27 SCHWARZROCK &, BENJAMIN
HOUSING REHAB LOANS
64.20 SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
22.24 SEBORA, MARC
TRAVEL SCHOOL CONFERENCE
183.56 SEH
PROFESSIONAL SERVICES
108.59 SORENSEN'S SALES & RENTALS
REPAIR & MAINTENANCE SUPPLIES
179.14 SPS COMMERCE
46.61 ST. JOSEPH'S EQUIPMENT INC
EQUIPMENT PARTS
149.63 STANDARD PRINTING
OFFICE SUPPLIES
1,288.72 STAPLES ADVANTAGE
OFFICE SUPPLIES
307.05 STEWARD ENTERPRISE INC
EQUIPMENT PARTS
275.47 STRATEGIC EQUIPMENT
OPERATING SUPPLIES
23.40 SUBWAY WEST
OPERATING SUPPLIES
100.00 THOMPSON, LISA
HRA DEDUCTIBLE
1,074.35 THOMSON WEST
OPERATING SUPPLIES
450.00 THORSON TRUCKING
FREIGHT
77635 TOTAL QUALITY LOGISTICS
FREIGHT
114.47 TRAEN, MATT
REFUNDS & REIMBURSEMENTS
55,430.35 TREBELHORN & ASSOC
MOTOR FUELS & LUBRICANTS
317.18 TRI COUNTY WATER
OPERATING SUPPLIES
4,004.00 TWIN CITY PALLETS INC.
RECEIVED NOT VOUCHERED
243.68 TWO WAY COMMUNICATIONS INC
OPERATING SUPPLIES
693.36 UNIQUE PAVING MATERIALS
STREET MAINT.MATERIALS
81.84 UPTOWN PEPPER COMPANY
COST OF MIX & SOFT DRINKS
1,883.82 URBAN COMMUNICATIONS
RENTALS
100.00 VANDERVEEN, RANDY
HRA DEDUCTIBLE
74.76 VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENANCE
165210
4/26/2011
263.11 VIK, BRANDON
TRAVEL SCHOOL CONFERENCE
165211
4/26/2011
9,919.57 VIKING BEER
COST OF SALES -BEER
165212
4/26/2011
323.80 VIKING COCA COLA
COST OF MIX & SOFT DRINKS
165213
4/26/2011
100.00 WAGNER- LOEHRER, ROXANE
HRA DEDUCTIBLE
165214
4/26/2011
100.00 WARD, STEVE
HRA DEDUCTIBLE
165215
4/26/2011
684.57 WASTE MANAGEMENT OF WI -MN
UTILITIES
165216
4/26/2011
60.00 WELCOME NEIGHBOR
ADVERTISING
165217
4/26/2011
770.60 WHITE RABBIT VINEYARD & WINERY
COST OF SALES -WINE
165218
4/26/2011
10,174.91 WIRTZ BEVERAGE MINNESOTA
COST OF SALES -WINE
165219
4/26/2011
2,932.81 WORK CONNECTION, THE
OTHER CONTRACTUAL
165220
4/26/2011
125.00 WREDC
TRAVEL SCHOOL CONFERENCE
165221
4/26/2011
75.30 ZACKRISON, BRENDA
TRAVEL SCHOOL CONFERENCE
165222
4/26/2011
1,278.19 ZEP MANUFACTURING CO
EQUIPMENT PARTS
Grand Total
697,455.85
Payment Instrument Totals
Check Total
697,455.85
Total Payments
697,455.85
ELECTRONIC FUNDS TRANSFERS
4/26/2011
TAX
FUND PAYABLE TO
AMOUNT
FUEL
HATS MN DEPT OF REV
$2,804.18
SALES TAX
LIQUOR MN DEPT OF REV
$32,368.00
USE TAX
PRCE CIVIC ARENA MN DEPT OF REV
$577.00
SALES & USE TAX WATER SEWER CREEKSII MN DEPT OF REV
$10,843.00
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 04/22/2011
Period Ending Date: 04/16/2011
$54,350.62
IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$11,019.66
MN Department of Revenue
State Withholding Tax
$37,566.03
Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$2,484.24
TASC
Employee Flex Spending Deductions
$5,887.95
TASC
Employee Deductions
Health Savings Account
$550.00
IVINDCP
Employee Contributions - Deferred Comp
$1,115.00
ING
Employee Contributions - Deferred Comp
$1,230.00 ICMA Retirement Trust
Employee Contributions - Deferred Comp
$701.88 MN Child Support System
Employee Deductions
$4,015.95 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$118,921.33 Total Electronic Funds Transfer
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 04/15/2011 Severance Checks
Period Ending Date: 04/14/2011
$10,563.53 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$1,723.81 MN Department of Revenue
State Withholding Tax
$0.00 Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
$0.00 TASC
Employee Deductions Health Savings Account
$52,779.44 MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$65,066.78 Total Electronic Funds Transfer
�,(V-\)
RESOLUTION NO. 13873
A RESOLUTION AMENDING RESOLUTION 13668 AUTHORIZING FUNDING OF
PUBLIC ARTS PROJECTS IN THE CITY OF HUTCHINSON
Whereas, The City of Hutchinson encourages and has provided Processes and
Policies for the implementation of Public Arts projects, and:
Whereas, Statutes of the State of Minnesota authorize the City to undertake such
projects under section 471.941,
NOW THEREFORE BE IT RESOLVED THAT THE CITY OF HUTCHINSON:
(1) That $25,000 from the City's public sites fund shall be used for the purpose of creating
and maintaining public art within the city under the direction of the Public Arts
Commission and the City Council.
(2) That up to $15,000 annually may be budgeted in the Capital Projects Fund Q
-budget
of the ' . annual 429 improvement bond ma. to be utilized for public arts projects on
public property within the city, as provided by state statute and provided by the City
Council. Any unused money may be carried over to the next calendar year if the project
has not been completed by the end of the precedimn year. Monies so ^^"° ^ted shall be
lleeied
(3) That $5,000 of the annual CIP budget shall be set aside and held in separate account for
the maintenance of public art on public property within the city. Any unused monies
shall be carried forward from one year to the next up to a maximum amount of $10,000.
(4) That grants or private donations to the city for public art projects shall be set aside in a
separate account and shall be used to fund art projects and maintenance before public
money is expended on the same.
Adopted by the City Council this 26`h day of April, 2011.
ATTEST:
Steven W. Cook, Mayor Jeremy J. Carter, City administrator
9 Cam)
Cite- Of Hutchinson Public arts Commission
COMMISSION HISTORY /MEMBERSHIP
CRITERIA
PROCESS
COST ESTIMATE
TIME FRAME
NEXT STEPS
Approval of Council to proceed with Public Comment Period
Approval of Budget as proposed
BRIEF HISTORY OF THE CITY OF HUTCHINSON PUBLIC ARTS COMMISSION (P.A.C.)
Creation of the Hutchinson Public Arts Commission was initiated by Mayor Steve Cook in Sept 2005
when he appointed a feasibility committee (The Public Arts Initiative) to explore the possibility of
creation a Public Arts Commission to encourage development of Public Art, help maintain quality in new
Public Art Work, secure means to maintain and restore Hutchinson's Public Art. Initially it was set up to
handle donations of Public Art to the City. As it evolved, it became clear that the City and Commission
should take a leadership role in the development of Public Art.
The Commission was founded on idea that we would like to encourage more public art in Hutchinson
because public arts:
Define a community's identity,
Indicate our pride in our environment,
Communicate our history,
Encourage use of community amenities, and
Make the place that is our city more inhabitable. Art is uniquely human and when it is included
in our environment, its existence communicates that this is a place for people. It shows that we
care enough to take time and effort and make the investment to make our surroundings visually
pleasing.
As an aside, the arts and public arts have also been proven repeatedly to be an economic driver
in a community. (Bright Stars)
During 2006 this committee cataloged currently existing works of art in the city, researched what other
cities had done, and recommended in May 2007 to the City Council that a permanent Public Arts
Commission be formed and made suggestions as to the scope, pprocesses and responsibilities of such a
commission.
The Commission was formally founded by Resolution on June 2007. The initial Commission was charged
with creating appropriate Policies and Procedures and writing an ordinance for the development,
installation and maintenance of public art.
This Ordinance was passed by the City Council in 2008. In order to encourage new Public Art, the
Commission asked the City to dedicate seed money for its first project. This was turned down by the
Council in December 2008. The Commission then engaged in strengthening the Ordinance and
developing a concrete plan for this first project. In December 2009, the Council passed a strengthened
(attached) Ordinance and dedicated up to $15,000 from its Parkland Dedication Fund and $15,000 from
the City Improvement Fund.
The Commission applied for and received a SMAHC planning grant through Forecast Public Art in 2010.
With this grant, it created and distributed a Request For Qualifications, received 11 applications,
screened these down to 3 finalists for presentations in December 2010.
CITY OF HUTCHINSON, PUBLIC ARTS COMMISSION
COMMISSION MEMBERSHIP
APRIL 1, 2011
COMMISSIONERS:
Buzz Burich — Commission Treasurer
Chairman, Citizens Bank and Trust
102 Main St. So, Hutchinson, MN 55350
320 -587 -2233
Audrey Hollatz-
Owner-Heirlooms Tea Room
325 Hassan St SE, Hutchinson MN 55350
320 -587 -3975
Terry Kempfert - Commission Secretary
Calligrapher, Owner Heritage Makers
615 Lakewood Dr. SE Hutchinson, MN 55350
320 -583 -9100
Lena Mowlem —
Arts Activist, Art Historian
1365 Westwood Dr NW — Hutchinson, MN 55350
320 - 234 -6331
JoAnne Will mert -
Owner, The Village Shop
114 Main St. So. — Hutchinson, MN 55350
320 -587 -2727
Tom Wirt — Commission Chairman
Co- owner, Clay Coyote Pottery and Gallery.
17614 240`h St. Hutchinson, MN 55350
320 -587 -2599
Eric Yost —
Hutchinson City Council
440 Campbell Ln NW — Hutchinson, MN 55350
320 -587 -8566
Ex- Officio Commissioners
Dolf Moon — Director Hutchinson Parks, Recreation and Community Education
Dan Jochum — Director Planning and Zoning
�.m.
ART VIDEEEN
1074 JAMES AVE
St Paul MN 55105
art @arrtvideen.com
HUTCHINSON RIVER HORSE
Stainless steel and aluminum sculpture
25 feet high by 22 feet wide by 6 feet deep
River Rock Base
ARTIST BUDGET FOR THE PROJECT
Materials and supplies ..................................................................
............................... $10,000
MetalFinishing ................................................................................
............................... $15,000
Subcontracted artist labor ............................................................
............................... $10,000
Rent, business expenses and delivery .........................................
............................... $ 5,000
ArtistFee ...........................................................................................
............................... $10,000
TOTAL ARTIST'S FEES .......................................................................................
............................... $50,000
ADDITIONAL ESTIMATED EXPENES
(Estimates based on Artists Projections for similar projects)
Lighting.............................................................................................. ...............................
$ 5,000
Base................................................................................................... ...............................
$ 5,000
Foundation....................................................................................... ...............................
$ 5,000
Landscaping...................................................................................... ...............................
$ 5,000
TOTAL SITE EXPENSES ......................................................................................... ............................... $20,000
ALLOCATION FOR MAINTENANCE /REPAIR ..................................................... ............................... $ 5,000
TOTAL PROJECT .................................................................................................................. ............................... $75,000
PROPOSED INCOME RESOURCES
Cityof Hutchinson ........................................................................ ............................... $30,000
LegacyGrants ................................................................................ ............................... $20,000
Private and Corporate Donations .............................................. ............................... $25,000
HUTCHINSON RIVER HORSE (Working Title)
SCHEDULE OF DEVELOPMENT. CONSTRUCTION AND INSTALLATION
HUTCHINSON PUBLIC ARTS COMMISSION
Selection of this work, and the artist, Art Videen, was done under a $2,000 Planning Grant from the
Southwest Minnesota Arts and Humanities Council and Forecast Public Art. This grant was funded by
monies from the 2008 Legacy Amendment.
A Request For Qualifications was distributed throughout Minnesota in July and August 2010. Initial
screening was done in September and October with presentations by the 3 finalists in December.
The final selection decision was made in February 2011.
Presentation to City Council. April 26`h
30 Day Public Comment Period May 1 to June 1
Application to SMAHC for $20,000 Legacy Grant May 16
Fund- Raising activity May 1 to Completion
Final Design Proposal From Artist June 1
Presentation to Council June 14
Engineering, Artist Contract, Other Legal" June 1 —July 1
Contract Signing (1/3 of Contract Payable) $16,666 July 1
1/3 of Contract Construction Account for Draw July 15
Construction, Site Prep, Aug -Sept
Installation October 15 -31
Art has indicated his time frame is 100 days for construction and installation
Legal Considerations: (Sample contracts and consulting available through forecast Public Art.)
Ownership,
Liability Responsibilities
Payment
Engineering Considerations
Support, Base and foundation.
Weathering and maintenance
Structural integrity
Safety
PUBLICATION NO.
ORDINANCE NO. 1 1 -0666
AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004,
DEFINITIONS; SECTION 154.137, SIGN STANDARDS BY DISTRICT
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the
satisfaction of the City Council that it would be in the best interests of the City to amend the City Code,
Chapter 154, Zoning; Section 154.004, definition of banner sign; Section 154.137, standards for banner
signage.
ZONING
§ 154.004 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply, in addition to the
definitions given in the Uniform Building and Fire Codes, unless the context clearly indicates or
requires a different meaning.
SIGN BANNER A temporary sign made of a flexible material, displaved to advertise an
event promotion etc It is NOT intended as permanent business simage.
§ 154.137 SIGN STANDARDS BY DISTRICT.
(D) Signs permitted in commercial and industrial districts. The following signs shall be
permitted in the C -1, C -2, C -3, C -4, I -1, I -2 and I/C districts.
(4) Banner signs. One or more banners not exceeding two square feet per front linear foot of building
are allowed on the primary side of building ° ° ^ ` °' ° '" ° ^ ^' °' ^" ° ^' for no more than
15 consecutive days at a time. ADDlicants are eligible for three (3) 15 day permits per calendar year.
(a) Eligibility for Banner Advertising. Before requesting permission to advertise using a
banner, please make note of the following
1 You must contact the Planning and Zoning Department at the city to apply for a
permit.
2 The Banner must meet the definition in § 154.004.
(b) Banner display information.
1 A banner may describe an event, sale or promotion taking place.
2 A banner is not intended to replace permanent building slgnaee.
3 Three (3) banner permits will be allowed per year.
4. Each banner will be allowed for no more than 15 days.
5. Banners must be removed when the 15 day permit is expired.
6. Banners are not allowed in public right of way or off premise from primary
business.
(c) Obtaining banner sign permit applications.
I Permits may be obtained from the Planning and Zoning Department at the city.
2. The form must be completed and signed by the business owner.
3 The application nmst be approved and signed by the Planning Department before
the banner may be displayed.
9 (k)
Ordinance 411 -0666
Section 154 — Banner Signs
April 26, 2011
Paget
4. The banner sign ordinance will take effect on April 19 2011. All banners must
comply with the regulations at that time No "vrandfathering" is permitted
(d) Specifications of the banner sign
1 One or more banners not exceeding two square feet per front linear foot of
building are allowed on the primary side of the building
(E) Signs permitted in the Main Street area district. Signage in the Main Street area, which is
defined as the area located between the east side of Franklin Avenue from the Crow River to
Fourth Avenue SW and the west side of Hassan Street from the Crow River to Fourth Avenue
SE, shall be subject to the following additional requirements. Signage shall be designed to
enhance and complement the character of buildings within the district. All new signs, or the
replacement, alteration, painting and so forth of an existing sign, require a sign permit
application and may require review by the Downtown Design Review Committee if the sign does
not specifically meet these requirements.
(11) Banners. One or more banners not exceeding two square feet per front linear foot of
building are allowed on the primary side of building r " :' : ' - -- for no
more than 15 consecutive days at a time. Applicants are eligible for three (3) 15 day permits per calendar
,bear.
(a) Eli ig bilitvfor Banner Advertising Before requesting permission to advertise using a
banner, please make note of the following.:
1 You must contact the Planning and Zoning Department at the city to apply for a
permit.
2 The Banner must meet the definition in § 154.004.
(b) Banner display information.
I A banner may describe an event, sale or promotion taking place.
2 A banner is not intended to replace permanent building signage.
3 Three (3) banner permits will be allowed per year.
4. Each banner will be allowed for no more than 15 days.
5 Banners must be removed when the 15 day permit is expired.
6 Banners are not allowed in public right of way or off premise from primary
business.
(c) Obtaining banner sign permit applications.
1 Permits may be obtained from the Planning and Zoning Department at the city.
2 The form must be completed and signed by the business owner.
3 The application must be approved and signed by the Planning Department before
the banner may be displayed.
4 The banner sign ordinance will take effect on April 19 2011 All banners must
comply with the regulations at that time No "arandfathering" is permitted.
(d) Specifications of the bamrer sign
1 One or more banners not exceeding two square feet per front linear foot of
building are allowed on the primary side of the building
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and
publication.
Ordinance 411 -0666
Section 154 — Banner Signs
April 26, 2011
Page 3
Adopted by the City Council this 26`h day of April, 2011.
Attest:
Jeremy J. Carter Steven W. Cook
City Administrator Mayor
Publication No.
Summary Ordinance for the City of Hutchinson amending City Code Chapter 154 —
Zoning; Section 154.137 D(4) and E(11) regarding banner signs.
The City of Hutchinson has adopted Ordinance to amend the Hutchinson City Code Title
VX, Land Usage, Chapter 154, Zoning, to amend Section 154.137 D(4) and E(11). The
following is a summary of the adopted ordinance:
The purpose of the ordinance is to regulate banner signs through -out the City. Regulating
banner signs has been difficult with a difficult ordinance to enforce. The proposed
ordinance is similar to the sandwich board sign ordinance with modifications to allow for
on- premise banner signage. Staff will continue to monitor off - premise signage which is
not permitted.
Effective Date: This ordinance becomes effective upon its passage and publication
according to law. The ordinance was adopted unanimously by the City Council on April
26, 2011. 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
A)C��
MEMORANDUM
DATE: April 20, 2011
TO: Hutchinson City Council
FROM: Dan Jochum, AICP, Planning Director
SUBJECT: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525
MONTREAL STREET S.E.
APPLICANT: Menards
Background:
The applicant is requesting a conditional use permit to allow outdoor storage and displays
of trailers in the Menard's parking lot. The display area will cover 15 parking spaces as
shown on the drawing submitted. The request is to come into compliance with City Code
regarding outdoor storage and displays. This recent request is to comply with City Code
Section 154.115 (C) Outdoor storage and displays (1) Open storage in industrial and
commercial districts shall be allowed only with a conditional use permit. Additional
information is contained in the attached staff report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their April
19th meeting. There were no neighboring property owners objecting to the request. Staff
commented on the total number of parking spaces on the site, which is short per City code,
however staff stated there is adequate parking at Menards and parking and circulation will
not be impacted by the proposed outdoor storage and displays. Aaron Morrissey, Menards
Real Estate Representative was present and commented on the parking and requested the
trailers be allowed to be out all year rather than for only 120 days. After discussing the
request, the Planning Commission recommended approval by a vote 4 ayes and 1 nay, with
the following findings and recommendations:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. The number of parking spaces used for the outdoor storage and displays shall be limited
to 15 parking spaces, as shown on the approved diagram, which is attached.
3. The outdoor storage and displays area will be in operation for trailers and no structures,
equipment or inventory shall be located in the area.
4. The outdoor storage and displays will not have a negative impact on traffic, circulation,
and parking on the site, as determined by the Planning Director and City Engineer. If
there is such a time when there is found to be a negative impact on traffic, circulation,
and parking on the site, the conditional use permit may be revised and may be amended
accordingly to address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor storage and display is not neat and tidy or is unsightly,
as determined by the City, the conditional use permit may be revised and may be
amended accordingly to address these issues.
1�1�
RESOLUTION NO. 13868
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR
STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525 MONTREAL STREET
S.E.
Whereas, Menard, Inc., applicant, has requested approval of a conditional use permit to allow
outdoor storage and display in their parking lot located at 1525 Montreal Street S.E. with the
following legal description:
Legal Description: Lot 1, Block 4, Menard Addition
Whereas, the Planning Commission met on April 19, 2011, and held a public hearing on the
request and considered the effects of the proposal on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The number of parking spaces used for the outdoor storage and displays shall be limited to 15
parking spaces, as shown on the approved diagram, which is attached.
I The outdoor storage and displays area will be in operation for trailers and no structures,
equipment or inventory shall be located in the area.
4. The outdoor storage and displays will not have a negative impact on traffic, circulation, and
parking on the site, as determined by the Planning Director and City Engineer. If there is
such a time when there is found to be a negative impact on traffic, circulation, and parking on
the site, the conditional use permit may be revised and may be amended accordingly to
address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor storage and display is not neat and tidy or is unsightly, as
determined by the City, the conditional use permit may be revised and may be amended
accordingly to address these issues.
Adopted by the City Council this 26`h day of April, 2011.
ATTEST:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor \\
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DIRECTORS REPORT -- PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Dan Jochum, Planning Director
Date: April 13, 2011, for April 19, 2011, Planning Commission Meeting
Application: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR STORAGE AND DISPLAYS LOCATED AT MENARDS, 1525
MONTREAL STREET S.E.
Applicant: Menards, Inc.
Conditional Use Permit
The applicant is requesting a conditional use permit to allow outdoor storage and sales display of trailers
in the Menard's parking lot. The display area will cover 15 parking spaces as shown on the drawing
submitted.
1 (t -6)
Conditional Use Permit
Menards — 1525 Montreal St. SE
Planning Commission — April 19, 2011
Page 2
GENERAL INFORMATION
Existing Zoning: C -4 (Fringe Commercial)
Property Location: 1525 Montreal Street SE
Lot Size: 21.3 acres
Existing Land Use: Menards store
Adjacent Land Use
And Zoning: R -1 (Single Family residential) and C-4
Property to the South is outside city limits.
Comprehensive
Land Use Plan: Urban Commercial Design Zone
Zoning History: The area was annexed to the city, rezoned and platted in 2000. The building was
constructed in 2000 -2001. There have been conditional use permits granted in
2000 for the outside storage of lumber materials on the east side of the building
and in 2003 for a 14' fence to allow additional outside storage and display and to
relocated the yard entrance from the south to the north side of the building.
Applicable
Regulations: Section 154.115, City Code
Parking:
There are approximately 449 parking spaces on the Menards property. The Zoning Ordinance specifies
retail uses have 5.5 parking spaces per 1,000 square feet of building; additionally the warehouse and non -
retail space is broken out separately and requires one parking space per 2,000 square feet. Based on this
information 591 parking spaces are needed for this site. Therefore, Menards is technically short 142
parking spaces in its current state, plus they will be short an additional 15 spaces for the outdoor sales
display, which totals 157 spaces short per City ordinance.
City Staff has more specifically researched parking requirements for Home Improvement type uses which
are likely more accurate than the generic retail parking requirements. The Parking Generation Manual
published by the Institute of Transportation Engineers found an average of 4.9 spaces per 1000 square
feet for Home Improvement uses looking at 27 study sites throughout the United States. It should also be
noted that he City relies heavily on this parking generation manual when specific uses are not referenced
in the parking requirements section of the City's Zoning Ordinance. Based on the Parking Generation
Manual, Menards would require 529 parking spaces for their operation, which would make Menards 80
spaces, plus they will be short an additional 15 spaces for the outdoor sales display, which totals 95
spaces short per the ITE manual.
As mentioned above, Menards is proposing impacting 15 additional parking spaces for their sales display
during the summer months (Staff is recommending a 120 day limit). Staff believes that in reality there is
enough parking at Menards and parking and circulation wouldn't impacted by the proposed outdoor
display and sales. (Note: Please see specific staff recommendations below).
U(0
Conditional Use Permit
Menards — 1525 Montreal St. SE
Planning Commission — April 19, 2011
Page 3
Analysis and
Recommendation:
Staff supports the request for outdoor sales display in the parking lot which will cover 15 parking spaces,
as shown in the diagram below. Also, staff recommends limiting the operation of the outdoor sales
display to 120 days.
In reviewing the CUP, the Commission shall consider if the request meets the following standards:
(a) The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities and
other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
Staff recommends approval of the request with the following conditions:
I . The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The number of parking spaces used for the garden center shall be limited to 15 parking spaces, as
shown on the approved diagram, which is attached.
3. The outdoor sales and display area will be in operation for no more than 120 consecutive days
and no structures, equipment or inventory shall be located in the area besides during the 120 days.
4. The outdoor sales display will not have a negative impact on traffic, circulation, and
parking on the site, as determined by the Planning Director and City Engineer. If there is
such a time when there is found to be a negative impact on traffic, circulation, and
parking on the site, the conditional use permit may be revised and may be amended
accordingly to address any negative impacts related traffic, circulation and parking.
5. If the appearance of the outdoor sales display is not neat and tidy or is unsightly, as
determined by the City, the conditional use permit may be revised and may be amended
accordingly to address these issues.
Cc: Aaron Morrissey, Menard Inc.
G (B)
City
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council
FROM: Chief Daniel Hatten
DATE: April 21, 2011
RE: Consent Agenda — HVAC System
I have reviewed the HVAC expert's recommendations for improvements to the police
department's HVAC system. Based on this review, I am requesting to move forward
with the recommended improvements.
csb/
2011 -01 -0008
���C)
Brian's Heating and Air
Brian Guggisberg
19236 Judson Ct
Hutchinson Mn 55350
Cell 320-296-1072
Home 320-5874913
April 21, 2011
To Chief Dan Hatten:
The Hutchinson Police Department requested cost estimates to install a new heating and cooling system for the existing building
located on 10 Franklin St. Hutchinson, Minn. The existing mechanical system has experienced repeated mechanical issues, high
maintenance cost, and high operating costs.
Work Descriptions were given to three contractors for a design build mechanical system that would fit the needs of the existing
building. The contractors were TEK Mechanical, Harris Mechanical, and Foster Mechanical. Each of these firms submitted estimates
based on the work descriptions that were outlined in the attached file. The work description included installation of new high
efficiency boilers, air conditioners, water heater and fan system. It also included changing the operating system from a reheat type
system to a heating and cooling only.
After review of the cost estimates, TEK Mechanical had the lowest price of $99,989.00 and also followed the requested work
description that was submitted to them.
The installation of this new system will have multiple benefits:
• Lower operating costs. A reduction of $21,000 /yr in energy costs. Presently the utility costs exceed $4.00 /sq ft. This is much
higher than the utility costs of $1.25 compared to similar structures.
• Lower maintenance costs. A reduction of $20,000 would be expected. Warranties on the new equipment range from 1 to 10
years.
• Better system control. Comfort levels throughout the building will be increased. Presently there are several rooms with poor
or no control.
It is also noted that the contractor will honor the manufacturers warranty on all equipment and warrant the correct operations of the
new system for one year. The contractor is also responsible for meeting all local and state codes.
Regarding the aforementioned information, I would recommend that the city move forward on the proposal from TEK Mechanical.
Brian Guggisberg
Brian's Heating and Air
i occ�
Project
Location
Disciplines Involved
Project Overview:
Work Description
HVAC Upgrade / Police Station
Hutchinson, Minnesota
Mechanical, Electrical
Installation of a new heating and cooling system for the Hutchinson Police Department. The work description
will required demo of existing equipment and installation of new higher efficiency HVAC equipment designed
to provide climate control to the existing building. The installation design will require heating only or cooling
only for the main floor. Presently the operation of the system requires heating and cooling at the same time.
System should be designed to supply make up air for the exhaust systems.
Demo:
• Remove existing boiler and associated equipment, air handler, condensing unit, and pneumatic controls.
• Remove all reheats located in the attic space.
• Remove existing domestic hot water heater.
• Disconnect all electrical equipment scheduled for demolition.
Installation:
• Add new Fin Tube Radiation in existing rooms located on an outside wall in areas that presently do not
have FTR installed.
• Install new condensing boiler or boilers that have the capacity needed to heat the existing area. Boilers
are to be at least 95% efficient and be capable of heating the domestic water. Boilers are to have outdoor
air reset to reset the hot water setpoint.
• Install new air handler with VFD to supply air for existing building. VFD control will be based on
outdoor air temperature and cooling requirements. Higher speed during the call for cooling and lower
speed in the winter and unoccupied times.
• Replace ducting where the reheats have been removed. Install/ verify balancing damper in each location.
• Install insulation over new ducting to match existing.
• Install new air cooled DX air conditioner with a minimum seer rating of 16.
• Rebalance existing rooms as needed.
• Install new digital thermostats in each room to control a zone valve on the FTR.
• Install wiring to new equipment. 10 CC-)
• Install new timers to shut down exhaust fans when the rooms are not occupied. A motion sensor shall be
located in the locker rooms to override the timer when needed.
• Exhaust fans shall be reduced in speed to maintain minimum air requirements.
General Provisions:
• Contractor is responsible for all permits.
• Contractor shall include commissioning and start up assistance to verify all new installed systems
operate effectively and efficiently. This will be coordinated with a City of Hutchinson designated
representative.
• Contractor shall coordinate work with the Hutchinson Police department not to interrupt normal
business.
• Contractor is responsible for disposal of all material scheduled for demolition.
• Contractor shall make a reasonable effort to prevent construction debris, noise, fumes, etc. from
migrating to adjacent occupied areas and leave work area clean.
• Contractor is responsible for all repairs due to damage during construction.
oCC)
City of Hutchinson
111 Hassan St SE
Hutchinson MN 55350
(320) 234 -4216
Juan Perez
Attn: Juan Perez
15 Second Avenue SW
Hutchinson MN 55350
APPLICATION FOR LICENSE RENEWAL License Nbr: 00002695
for On -Sale Sunday Intoxicating Applicant: 34
74
INSTRUCTIONS:
Make any corrections, sign and return
this application, along with the license
fee, to the City of Hutchinson, by
2/1812011. Make check payable to:
City of Hutchinson.
License Expires : 03/31/2011
LICENSE
Issued To Juan Perez Description Fee Type Lic Units Amount
DBA: r_zs Palmas Mexican Restaurant On -Sale Sunday Intoxicating Base $125.00
Address: 15 2nd Ave SW Total: $125.00
Hutchinson MN 55350
APPLICANT 34
Name: Juan Perez
Address: 15 Second Avenue SW
Hutchinson NIN 55350
Contact/Attn: Juan Perez _. ...._...
Telephone: (320) 587 -7303 _...... _ ...
Fax: _....
Federal Tax Id: .
State Tax Id:
SSN
Exempt: __..
INSURANCE
Pursuant to Liquor Regulations Ordinance Chapter 112.026, a certificate of insurance is required to meet or exceed the limits in
the ordinance. The policy period must run from April 1st to April Ist or March 31st to March 31st.
CHECKLIST
❑ A managers form must be completed and returned.
G ST -I forms must be submitted.
I certify that the information provided is accurate and complete to the best of my knowledge.
Signature ofApplicant
Date
CITY USE ONLY:
Date Recd
14—I1 -11 0,4_412,r?
JD Edwards Receipt #
l O
City of Hutchinson
I I I Hassan St SE
Hutchinson MN 55350
(320) 234 -4216
Juan Perez
Attn: Juan Perez
15 Second Avenue SW
Hutchinson MN 55350
APPLICATION FOR LICENSE RENEWAL
for On -Sale Intoxicating
I
LICENSE
Issued To: Juan Perez Description
On -Sale Intoxicating
DBA: Las Palmas Mexican P.estasa:,t
Address: 15 2nd Ave SW
Hutchinson MN 55350
APPLICANT 34
Name: Juan Perez
Address: 15 Second Avenue SW
Hutchinson MN 55350
Contact/Attn:
Telephone:
Fax
Federal Tax Id:
State Tax Id:
SSN:
Juan Perez
(320) 587 -7303
License Nbr:00002675
Applicant: 34
INSTRUCTIONS:
Make any corrections, sign and return
this application, along with the license
fee, to the City of Hutchinson, by
2/18/2011. Make check payable to:
City of Hutchinson.
License Expires : 03/31/2011
Fee Type Lic Units Amount
Base $3,700.00
Total: 53,700.00
INSURANCE
Pursuant to Liquor Regulations Ordinance Chapter 112.026, a certificate of insurance is required to meet or exceed the limits in
the ordinance. The policy period must run from April 1st to April 1st or March 31st to March 31st.
CHECKLIST
❑ A managers form must be completed and returned.
❑ ST -1 forms must be submitted.
I certify that the information provided is accurate and complete to the best of my knowledge.
Signature ofApplieant
C(- I t- i/
Date
TY USE ONLY:
Le''RII ec111d1
Edwards Recemt N
U
o(j
MINNESOTA LIQUOR LIABILITY ASSIGNED RISK PLAN
MINNESOTA JOINT UNDERWRITING ASSOCIATION
445 MINNESOTA ST SUITE 514
SAINT PAUL, MN 55 10 1 -0760
(651) 222 -0484 OR 1- 800 -552 -0013
CERTIFICATE OF INSURANCE FOR LIQUOR LIABILITY COVERAGE
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS
UPON THE CERTIFICATE HOLDER. THE CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
COVERAGE AFFORDED BY THE CONTRACT LISTED BELOW.
POLICY NUMBER: 02 -9514
CONTRACT PERIOD: 12:01 A.M. 3/31/2011 TO 12:01 A.M. 3/31/2012
CONTRACT HOLDER & ADDRESS
JUAN PEREZ
LAS PALMAS MEXICAN RESTAURANT
15 2ND AVE SW
HUTCHINSON, MN 55350
SCHEDULED PREMISES: 15 2ND AVE SW, HUTCHINSON, MN 55350
THIS IS TO CERTIFY THAT THE CONTRACT OF COVERAGE DESCRIBED HEREIN HAS BEEN ISSUED
TO THE CONTRACT HOLDER NAMED ABOVE AND IS IN FORCE AT THIS TIME. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH
RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN TO THE COVERAGE
AFFORDED BY THE CONTRACT DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS
AND CONDITIONS OF SUCH CONTRACT.
TYPE OF COVERAGE
LIMITS OF LIABILITY
BODILY INJURY
PROPERTY DAMAGE
LOSS OF MEANS OF SUPPORT
PECUNIARY LOSS
ANNUAL AGGREGATE
S 50,000
EACH PERSON
100,000
EACH OCCURRENCE
S 10,000
EACH OCCURRENCE
S 50,000
EACH PERSON
100,000
EACH OCCURRENCE
S 50,000
EACH PERSON
100,000
EACH OCCURRENCE
S 300,000
ANNUALLY
SHOULD THE ABOVE CONTRACT BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE
PLAN WILL MAIL 60 DAYS WRITTEN NOTICE TO THE BELOW NAMED CERTIFICATE HOLDER,
HOWEVER, IN THE EVENT THE CANCELLATION IS FOR NON PAYMENT OF PREMIUM, THE PLAN
WILL MAIL A 10 DAY WRITTEN NOTICE.
CERTIFICATE HOLDER NAME & ADDRESS DATE OF ISSUE: 4/13/11
CITY OF HUTCHINSON
111 AASSEN ST NE
HUTCHINSON, MN 55350
AGENCY NAME & ADDRESS AUTHORIZED REPRESENTATIVE
FIRST MCLEOD AGENCY,INC.
613 E 10TH ST
GLENCOE, MN 55336
bw)
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, March 15, 2011
Hutchinson City Council Chambers
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Chris Kovacic, Christie Rock, Chad Czmowski, Dean Kirchoff, Dave Johnston and
Chairman Lofdahl. Absent: Jim Fahey Also present: Dan Jochum, Planning Director, Kent Exner,
City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. ELECTION OF OFFICERS
Chairman Lofdahl called for nominations for Chairman. Mr. Kovacic nominated Mr. Lofdahl for
Chairman. Seconded by Mr. Czmowski, the motion carried for Mr. Lofdahl as Chairman. Chairman
Lofdahl called for nominations for Vice Chairman. Mr. Czmowski moved to nominate Mr. Kovacic
for Vice Chairman. Mr. Kovacic declined the nomination. Mr. Kovacic nominated Mr. Johnston for
Vice Chairman. Seconded by Mr. Czmowski, the motion carried for Mr. Johnston as Vice
Chairman. Mr. Kirchoff made a motion to approve the nominations for Chairman and Vice
Chairman. Seconded by Ms. Rock the motion carried unanimously.
4. CONSENT AGENDA
a) Consideration of Minutes dated December 21, 2011
Ms. Rock moved to approve the consent agenda as submitted. Seconded by Mr. Johnston, the
consent agenda was approved unanimously
5. PUBLIC HEARINGS
a) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY RUNNINGS TO
ALLOW A GARDEN CENTER IN THE PARKING LOT FROM MARCH 15 — JULY 30, 2011,
AND OUTDOOR DISPLAY OF GARDEN SOIL, MULCH AND ROCK UNTIL NOVEMBER 1,
2011, LOCATED AT 1090 HWY 15 S
Chairman Lofdahl opened the hearing at 5:35 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Mr. Jochum gave background on the request for a garden center in the parking lot at Runnings
Farm and Fleet. He commented on the 72 parking spaces requested for the garden center. He
reminded the Commissioners of the existing area in the rear of the building for outdoor display.
He explained the request is to comply with City Code regarding outdoor storage and display.
He commented on the number of parking spaces and research of the parking requirements. He
explained the use of the parking generation manual which would require 4.9 spaces per 1000
sq. ft. of building instead of the 5.5 spaces per 1000 sq. ft. as required in the City Zoning
Ordinance. Mr. Jochum explained the intention of the parking agreement with the Mall and
commented on the change of Mall uses. He agreed there is not a parking shortage at the Mall or
Runnings and the fact the parking located in the back of the Runnings site and Mall is
underutilized. He commented on the parking space calculations for Runnings. He reported the
staff supports the request, however, in reviewing the proposed number of parking spaces to be
�l-0)
Minutes
Planning Commission —March 15, 2011
Page 2
impacted and the number of months the garden center will be in use, staff recommends the
garden center be limited to 50 spaces from March 15`h to July 13th which is 120 days. Mr.
Jochum stated he understands the advantage of being in front of the store with product. He
explained staff would like to see consistency throughout the community regarding the duration
of operation for garden centers that are permitted by conditional use and recommends they all
be allowed to be up for 120 days or less. Mr. Jochum stated there is already a large outdoor
sales and display area to the rear of the building that can be utilized in addition to the staff
recommended 50 parking spaces in front of the building. Discussion followed regarding the 120
day limit and changing the dates. Mr. Jochum explained that any changes to the conditional use
permit would need the Planning Commission to revisit and approve but would not need to
reapply for a conditional use permit. He commented on staff recommendations as follows:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Number of parking spaces used for the garden center shall be limited to 50 spaces, as
shown on Figure 2 above.
3. The garden center will be in operation for no more than 120 consecutive days and start no
earlier than March 15th and remain open no longer than July 13"
4. No structures, equipment or inventory shall be located in the garden center area except from
March 15th to July 13`h
5. The garden center is not in operation until November 15' as requested by the applicant.
6. The garden center will not have a negative impact on traffic, circulation, and parking on the
site, as determined by the Planning Director and City Engineer. If there is such a time when
there is found to be a negative impact on traffic, circulation, and parking on the site the
conditional use permit may be revised and may be amended accordingly to address any
negative impacts related traffic, circulation and parking.
7. If the appearance of the Garden Center is not neat and tidy or is unsightly, as determined by
the City, the conditional use permit may be revised and may be amended accordingly to
address these issues.
8. The greenhouses and other garden center items shall be placed in such a manner as not to
hinder sight lines for traffic on either the east or west side of the parking area that is being
taken up by the garden center, as such the greenhouses shall be placed in the middle of the
proposed area rather than on either end.
9. No bulk items will be allowed for outdoor sales or display.
10. Garden centers are not intended for outdoor storage, only for sales display.
11. Put up signage that indicates more parking is available in the rear of the building.
Dave Wilke, store manager, stated he does not have a problem with most of the requirements.
He explained they are cutting back from last year with the new proposal which is greatly smaller
than last year. He agreed 120 days is feasible for the garden center; however, in the Fall there
are customers that purchase landscaping products. He would agree to change the request to
October. Mr. Wike explained the need to have these items in the front and not the back. He
stated 22 spaces would be sufficient for the pallets. He stated 50 spaces is too small for the
amount of product to be displayed. He explained the company is coming on April 91h to put up
the garden center. He would ask to change the starting date to April Vt.
Mr. Kovacic made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed
at 6:01 p.m. Discussion followed on the 50 space requirement and the parking not being an
issue. Mr. Jochum stated he understands there appears to be more than enough parking,
however, the Mall allocation is not an option if the Mall is busier. Discussion followed on traffic
flow. Chairman Lofdahl commented on using a portion of the drive isle and reconfiguring the
parking to gain more square footage using 51 parking spaces. Mr. Kirchoff made a motion to
recommend approval of the request with staff recommendations. Seconded by Ms. Rock, Mr.
� l, 60
Minutes
Planning Commission — March 15, 2011
Page 3
Kirchoff added he would approve of the changes to the staff recommendations as: #2 - change
from 50 to 51 spaces and delete "as shown on Figure 2 above "; # 3 - delete "March 151h and
remain open no longer than July 13th "and add April 1 st; #4 delete "March 15" to July 13th "and
add 120 days after April 1st and delete #5. Seconded by Ms. Rock, the motion carried
unanimously. Chairman Lofdahl stated this item will be placed on the City Council consent
agenda at their meeting held March 22, 2011, in the Council Chambers at 5:30 p.m.
b) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY WALMART TO
ALLOW A GARDEN CENTER IN THE PARKING LOT FROM APRIL 1 — SEPTEMBER 5,
2011, LOCATED AT 1300 HWY 15 S
Chairman Lofdahl opened the hearing at 6:18 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Mr. Jochum commented on a request to allow a garden center in the Walmart parking lot. The
request is to comply with City Code regarding outdoor storage and display. He explained the
garden center will be located in the same area of the parking lot at last year. There are two
areas indicated for the garden center as last year. There will be 60 parking spaces used in the
main lot and 30 spaces in the overflow lot. There is sufficient parking provided at this site for the
garden center use of 90 spaces. Mr. Jochum commented on the number of excess parking
spaces. Mr. Jochum reported staff supports the request for a garden center however, would limit
the use of the garden center days from April 1" to July 30th which is 120 days. He noted the
conditional use permit is for sale and display only. Outdoor storage would require an enclosed
fenced area. He noted garden centers are not intended for outdoor storage, only for sales
display. He commented on staff recommendations as follows:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The garden center will be in operation for no more than 120 consecutive days and start no
earlier than April 1" and remain open no longer than July 30th
3. The garden center is not in operation until September 5th as requested by the applicant.
4. No structures, equipment or inventory shall be located in the garden center area except from
April 1" to July 301h
5. No bulk items will be allowed for outdoor sale or display.
6. Garden centers are not intended for outdoor storage, only for sales display.
Scott Hilgeman, store manager, explained typically over -stock has been placed to the southern
area of the overflow parking next to the street. He stated he supports the 120 day limit of the
garden center and reported the overflow area will be cleaned out by the end of May.
Ms. Rock made a motion to close the hearing. Seconded by Mr. Kirchoff, the hearing closed at
6:25 p.m. Mr. Johnston made a motion to recommend approval of the request with staff
recommendations excluding number 3 and modifying the overflow area moving the 30 spaces to
the south. Seconded by Mr. Kirchoff, the motion carried unanimously. Chairman Lofdahl stated
this item will be placed on the City Council consent agenda at their meeting held March 22,
2011, in the Council Chambers at 5:30 p.m.
c) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY SHOPKO TO
ALLOW A GARDEN CENTER IN THE PARKING LOT BEGINNING MARCH 27 TO
APPROXIMATELY SEPTEMBER 30, 2011, LOCATED AT 125 MAIN ST NORTH
Chairman Lofdahl opened the hearing at 6:26 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
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Planning Commission — March 15, 2011
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Mr. Jochum commented on the request by ShopKo to allow a garden center in the parking lot
that will use 55 parking spaces and be placed in the same area as previous years. The request
is to comply with City Code. He reported on the parking area calculated in 1997, when the bank
was being developed. He noted there is a cross parking agreement with ShopKo, the bank and
the City. Calculations show there are sufficient parking spaces with the garden center. Mr.
Jochum reported staff supports the request for a garden center, however, would limit the use of
the garden center to July 25th which is 120 days from when it is proposed to go up. He
commented on staff recommendations as follows:
The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
The garden center will be in operation for no more than 120 consecutive days, from March
27th to July 25th
No structures, equipment or inventory shall be located in the garden center area except from
March 27th to July 25th.
No bulk items will be allowed for outdoor sales or display.
Garden centers are not intended for outdoor storage, only for sales and display.
Ian Butler, store manager, explained they are at the mercy of the vendor for setup of the garden
center and would ask to change the start date to March 30th. He stated he has no problem with
the end date of July. Mr. Jochum explained staff would like to see everything removed as close
as possible to the ending date. Mr. Butler agreed he will work with the City and the vendor
reminding staff there is limited flexibility. He stated he has no issue with the change of dates
from March 30th to July 291h
Ms. Rock made a motion to close the hearing. Seconded by Mr. Johnston, he hearing closed at
6:31 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff
recommendations changing 2 and 3 to reflect March 30th to July 291h. Seconded by Mr.
Johnston, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on
the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers
at 5:30 p.m.
d) CONSIDERATION OF A CONDITIONAL USE PERMIT REQUESTED BY THE PLANT PLACE
TO ALLOW A GARDEN CENTER IN THE CASHWISE PARKING LOT BEGINNING
APPROXIMATELY APRIL 15 - JULY 31, 2011, LOCATED AT 1020 HWY 15 SOUTH
Chairman Lofdahl opened the hearing at 6:32 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Commissioner Cmowski left the meeting at 6:32 p.m.
Mr. Jochum commented on the request by Mr. Schroer, owner of The Plant Place, to allow a
garden center in the parking lot at Cashwise. Mr. Schroer is asking to use 35 parking spaces
from April 15th to July 301h. Mr. Jochum explained the garden center will be located in the same
area as in previous years. The parking calculations show there is a sufficient number of parking
spaces at Cashwise even with the garden center. This request is for less than 120 days and
would meet the recommendation to limit the garden centers to 120 days. Mr. Jochum
commented on staff recommendations as follows:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The garden center will be in operation for no more than 120 consecutive days, from April
15 th to August 13th.
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Planning Commission — March 15, 2011
Page 5
3. No structures, equipment or inventory shall be located in the garden center area except from
April 15'h to August 13th.
4. No bulk items will be allowed for outdoor sale or display.
5. Garden centers are not intended for outdoor storage, only for sales display.
Mr. Shroer, owner of The Plant Place, asked to change the starting date to April 1st in order to
setup for the garden center. He stated the 120 days to July 30th is sufficient for his business.
Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Johnston, the hearing closed
at 6:35 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff
recommendations changing dates on items 2 and 3 to April 1s' to July 30th. Seconded by Mr.
Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on
the City Council consent agenda at their meeting held March 22, 2011, in the Council Chambers
at 5:30 p.m.
e) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTIONS 154.004, 154.064,
154.067, AND 154.068, REGARDING SEXUALLY ORIENTED BUSINESSES
Chairman Lofdahl opened the hearing at 6:37 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Mr. Jochum asked to table the item. He explained there are a few other references in Chapter
155 of the City Code that should also be amended. Atty. Sebora will research Section 155.05
referring to location of sexually oriented businesses specifically regarding state or federal
wildlife area or preserve and if the City is totally in a wildlife preserve.
Mr. Kovacic made a motion to table the item to next month. Seconded by Ms. Rock the motion
carried unanimously.
f) AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION 154.37 D(4) AND
E(11), REGARDING BANNER SIGNS
Chairman Lofdahl opened the hearing at 6.41 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Mr. Jochum explained regulating banner signs through -out the City has been difficult with a
difficult ordinance to enforce. He commented on the efforts the department has made to enforce
the current ordinance. He explained the amendment would allow 3 permits for 15 days each
per calendar year. Staff will continue to monitor off - premise signage which is not permitted. He
stated staff is supportive of the proposed ordinance amendment and recommends approval.
Discussion followed regarding window signs. Mr. Jochum explained the requirement of 40% of
the entry space as window coverage for the entire building. Signs are not allowed on state right
of way. Discussion followed to add language in 4 (B) to state banners are not allowed in public
right of way or off premise from primary business. There was discussion of fairness and
consistency.
Mr. Johnston made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed
at 6:52 p.m. Mr. Johnston made a motion to recommend approval of the request with staff
recommendations adding language to 4 (b) 6 regarding banners not allowed in public right of
way or off premise. Seconded by Ms. Rock, the motion carried unanimously.
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Planning Commission — March 15, 2011
Page 6
g) AMENDMENT TO THE CITY CODE CHAPTER 54; STORMWATER MANAGEMENT ADDING
LANGUAGE IN SECTION 54.05, USE OF STORMWATER PONDS
Chairman Lofdahl opened the hearing at 6.54 p.m. with the reading of publication #7861 as
published in the Hutchinson Leader on March 3, 2011.
Mr. Exner commented on issues over the years with stormwater ponds and activities on the
ponds. He is concerned primarily in the winter when the ponds are ice covered. He explained
there are inlets and outlets with moving water and ice can be compromised. He noted there is
some swimming and jet skis in the summer month on the ponds. He reports stormwater ponds
are studied for pollution. The effort is to keep people off the ponds. The stormwater ponds are
City facilities. The ordinance will be a leverage to reinforce the regulation. There was a
suggestion to replace the word watercraft with "any vehicle ".
Mr. Jochum explained the language has been added to the Storm Water Management chapter
of the City Code to define and regulate the public use of stormwater ponds in the City of
Hutchinson. He stated staff is supportive of the proposed ordinance amendment and
recommends approval.
Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at
6:59 p.m. Mr. Steve Bruhn, 924 Merrill Street S.W., asked what the depth of the ponds are in
Hutchinson. Mr. Exner stated some are 8 feet deep. Mr. Bruhn asked if the river is a City
facility. Mr. Exner stated the river is a natural waterway. Mr. Jochum commented on the liability
to the City when people use them for recreational purposes. Mr. Bruhn commented on the
placement of the ponds near residences and parks where children normally play. Mr. Exner
explained that a stormwater collection and detention facility is not a natural water feature. He
stated MN Dot ponds are deep. Mr. Exner explained the League of Minnesota Cities legal
advice is not to fence ponds. Ms. Rock made a motion to recommend approval of the request
with staff recommendations amending the language to "vehicle ". Seconded by Mr. Kirchoff, the
motion carried unanimously.
6. NEW BUSINESS
OLD BUSINESS
a) Mr. Jochum updated the commissioners on 1209 Lewis Ave. He has been working with the
property management company to comply with the height violation. He explained Phase 1 was
to remove the turrets. In Phase 2, a structural engineer will be involved to assess the building
and Phase 3, plans will be given to City to reconstruct the building. He informed the
commissioners that the 3rd parcel was not properly combined at County to meet setbacks. The
Bank will replat the property into one large property. The exterior must be completed can be
and then marketed "as is ". Mr. Jochum stated the bank involved has been good to work with to
get the house into compliance.
8. COMMUNICATION FROM STAFF
a) COMPREHENSIVE PLAN UPDATE
Mr. Jochum stated he has formalized the process and the City Council acted on a steering
committee and approved the work plan. The steering committee will begin the process on
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Planning Commission — March 15, 2011
Page 7
March 28 "'. Steering committee meetings are open to the public to attend. They are not open -
house meetings; however, there will be advertised open -house meetings during the process.
9. ADJOURNMENT
There being no further business the meeting adjourned at 7:15 p.m.
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