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cp07-09-2013Council Workshop 4: 00 p.m. 2014 General Fund Budget AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 9, 2013 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION —Word of Life Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JUNE 25, 2013 5 min. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 14169 — RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES (GOEBEL & GRAHAM INTERSECTION) 2. ORDINANCE NO. 13 -710 -AN ORDINANCE AMENDING ZONING ORDINANCE REGARDING GARAGE REQUIREMENTS SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058 (SECOND READING AND ADOPTION) (b) CONSIDERATION FOR APPROVAL OF REESTABLISHING CITY OF HUTCHINSON SECURITY OFFICER POSITION (c) CONSIDERATION FOR APPROVAL OF RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS FOR WALGREEN'S PROPERTY (d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO KEITH HEIKES OF FACTORY DIRECT FURNITURE TO HOLD FURNITURE TENT SALE IN HUTCHINSON MALL PARKING LOT FROM JULY 25 — AUGUST 4, 2013 (e) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 8. PUBLIC HEARINGS — 6:00 P.M. 10 min. (a) ASSESSMENT HEARING FOR 2013 PAVEMENT MANAGEMENT PROGRAM (LETTING NO. 3, PROJECT NO. 13 -03) Action — Motion to reject — Motion to approve 9. COMMUNICATIONS. REQUESTS AND PETITIONS (Purpose: to provide Council with information CITY CO UNCIL AGENDA JULY 9, 2013 necessary to craft wise policy. Always looking toward the future, not monitoring past) 10. UNFINISHED BUSINESS 11. NEW BUSINESS 5 min (a) CONSIDERATION FOR APPROVAL OF AMENDING SECTION 14 OF THE CITY PERSONNEL POLICY PERTAINING TO SICK LEAVE Action — Motion to reject — Motion to approve 15 min (b) CONSIDERATION FOR APPROVAL OF AIRPORT MASTER PLAN UPDATE AGREEMENT WITH BOLTON & MENK, INC. Action — Motion to reject — Motion to approve 5 min (c) CONSIDERATION FOR APPROVAL OF AUTHORIZING PRE -SALE REPORT FOR GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Action — Motion to reject — Motion to approve 15 min (d) DISCUSSION REGARDING ALLOWING A HUEY HELICOPTER TO BE PLACED IN MCLEOD COUNTY VETERAN'S MEMORIAL PARK Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 4, 2013 (b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 3, 2013 (c) FIRE DEPARTMENT MONTHLY REPORT FOR JUNE 2013 (d) LIQUOR HUTCH QUARTERLY FINANCIAL REPORT FOR APRIL — JUNE 2013 (e) WEED NOTICES MONTHLY REPORT FOR JUNE 2013 13. MISCELLANEOUS 14. ADJOURN 2 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 25, 2013 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION —Rev. Paulis Pilgrim, Faith Lutheran Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) BID OPENING MINUTES FROM JUNE 10, 2013 (b) REGULAR MEETING OF JUNE 11, 2013 Motion by Arndt, second by Forcier, to approve the minutes as presented. Motion carried unanimously. 7. CONSENT AGENDA (Purpose: only for items requiring Council approval by external entities that would otherwise have been delegated to the City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 13 -711 - AN ORDINANCE GRANTING A FRANCHISE TO GEORGE W. QUAST TO PLACE FLOWER POTS ON CITY SIDEWALK LOCATED AT 25 2ND AVENUE SE (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW A CHURCH IN THE C4 (FRINGE COMMERCIAL DISTRICT) AT 1020 HWY 7 WEST REQUESTED BY HUTCHINSON EVANGELICAL FREE CHURCH WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14158) 2. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE REGARDING GARAGE REQUIREMENTS SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058 WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION 14154 AND WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 13 -07 10 FOR JULY 9, 2013) (c) CONSIDERATION FOR APPROVAL OF OUT OF STATE TRAVEL REQUEST FOR JEROME BURMEISTER AND ERIC MOORE TO ATTEND THE VACTOR 2100 PLUS OPERATORS TRAINING IN STREATOR, ILLINOIS, FROM AUGUST 6 — 8, 2013 (d) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 6 — LETTING NO. 1, PROJECT NO. 11 -01 (SCHOOL ROAD NW IMPROVEMENTS) (e) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2013 PAVEMENT MANAGEMENT CITY COUNCIL MINUTES —JUNE 25, 2013 PROGRAM PROJECT — LETTING NO. 3, PROJECT NO. 13 -03 (f) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO HISTORIC HUTCHINSON ON JULY 25, 2013, AT HUTCHINSON CENTER FOR THE ARTS (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 8, 2013 (h) CONSIDERATION FOR APPROVAL OF ISSUING MOBILE FOOD CART LICENSE TO PETER NEUBAUER OF NORTHSTAR BBQ (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A 0) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B (k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER C Items 7(b) 1, 7(b)2, 7(f), 70) and 7(k) were pulled for separate discussion. Motion by Arndt, second by Cook, to approve the consent agenda with the exception of the items noted above. Motion carried unanimously. Item 7(b)1 had further discussion. Mayor Cook asked about the parking requirements and the provision that future paving would be required. Dan Jochum, Planning Director, noted that a condition was included on the CUP indicating that when there is no longer adequate parking on the paves areas, additional paved parking must be constructed to meet parking needs. Mr. Jochum further noted that on or about July 1 of each year the applicant must report to the Planning and Zoning Department the number of parking spaces that are being utilized to determine if more paved parking spaced are needed. Motion by Arndt, second by Christensen, to approve Item 7(b)1 noting that additional parking spaces will be added as needed. Motion carried unanimously. Item 7(b)2 had further discussion. Dan Jochum, Planning Director, presented before the Council. Mr. Jochum noted that in section 154.026(c) "detached" is proposed to be added to the ordinance, however upon further review, staff is proposing that the word "detached be removed. Staff is proposing that in section 154.026(g), the language that is currently struck out, "except by conditional use permit ", is proposed to remain as written. General discussion was held as to minimum and maximum sizes of garages and those that should be allowed by building permit versus conditional use permit. General discussion was held regarding advantages and disadvantages on the maximum size. A recommendation was made to require garages be a minimum of 240 sq. ft. Garages between 240 sq. ft. and 399 sq. ft. would require a conditional use permit. Any garage over 400 sq. ft. and over would be issued by building permit, which means having no garage is not an option. Motion by Czmowski, second by Christensen, to remove "detach" from 154.026(c), leave in language in 154.026(g), minimum requirement size of 240 sq. ft. up to 399 sq. ft. will require CUP. Motion carried unanimously. 2 CITY COUNCIL MINUTES —JUNE 25, 2013 Item 7(f) had further discussion. Council Member Christensen noted that she is the President of Historic Hutchinson and Council Member Forcier noted he is a member. Both Christensen and Forcier will abstain from voting on this item. Motion by Czmowski, second by Arndt, to approve Item 7(f), with Christensen and Forcier abstaining. Motion carried unanimously. Item 70) had further discussion. Council Member Forcier noted he will be abstaining due to the business being paid is owned by his son. Motion by Czmowski, second by Cook, to approve Item 70) with Forcier abstaining. Motion carried unanimously. Item 7(k) had further discussion. Council Member Czmowski noted he will be abstaining from this vote due to his business being the vendor on the check register. Motion by Arndt, second by Forcier, with Czmowski abstaining, to approve Item 7(k). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) ASSESSMENT HEARING AND PROJECT AWARD FOR 2013 CITY PARKING LOT IMPROVEMENTS (LETTING NO. 10, PROJECT NO. 13 -10) Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that this project includes seven parking lots, those being City Parking Lot B, City Parking Lot J, Fire Department, School District Administration Building, High School, West Elementary and Hutchinson Health west parking lot. The low bid came in from Knife River Corporation with a bid of $877,796.73. Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously. Mr. Exner noted that construction is scheduled to begin July 8, 2013, with the school district's lots being completed approximately August 9, 2013, and all lots completed by August 30, 2013. Motion by Czmowski, second by Forcier, to approve project award for 2013 City parking lot improvements. Motion carried unanimously. 9. COMMUNICATIONS. REQUESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise policy. Always looking toward the future, not monitoring past) (a) INTRODUCTION OF NEW HEAD LIBRARIAN FOR HUTCHINSON PUBLIC LIBRARY Jeremy Carter, City Administrator, brought forth the new head librarian to introduce herself Pam Dille introduced herself to the Council as the new head librarian of the Hutchinson/Winsted Public Library. Ms. Dille has 34 years experience in the library industry and is from the Kingston, Minnesota, area. (b) UPDATE ON THE MOSQUITO CONTROL PROGRAM Jeremy Carter, City Administrator, explained that mosquito traps were set and larvacide was applied 3 CITY COUNCIL MINUTES —JUNE 25, 2013 in ponds in May. The first adulticide application was done on June 10, 2013, which was a three week delay from the proposed start date due to the unseasonably cool weather this spring. Because of the vast amount of rain this spring, high numbers in the mosquito traps began to occur. Two adulticide applications have occurred on June 10 and June 17. Additional applications are scheduled for June 27, July 1, July 8 and July 15. After July 15, staff will monitor trap counts to determine if additional applications are warranted. Parks with ball fields are treated with a barrier control application each time the adulticide application is applied. The life cycle of a typical mosquito is about 10 days at 80 degrees. Because of this, it wouldn't be cost - effective to treat more than once per week. The current mosquito control provider does not provide aerial applications, however they could coordinate an aerial application. If this is desired, staff would work with them to get a specific proposal and price point for that service. Mr. Carter noted that the purpose of the program was not to necessarily eradicate all mosquitoes, but rather to alleviate them. Council Member Christensen noted the comments she has received gear more towards having the applications completed closer to the weekend, however that comes at a higher cost. 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL RESOLUTION NO. 14167 — A RESOLUTION AUTHORIZING THE REDEMPTION OF GENERAL OBLIGATION PERMANENT IMPROVEMENT REVOLVING FUND BONDS, SERIES 2005E Jeremy Carter, City Administrator, noted a correction that this redemption is for the Bonds Series of 1992, 2002A and 2004, as opposed to Series 2005E. The total net interest cost savings of the three outstanding principal debt amounts is $14,751.25. Staff has reviewed current cash balances and future incoming cash flow streams and have noted that all three funds will have sufficient cash balances to achieve redemption of outstanding principal amounts early. By paying off these bond issuances early, the City will avoid paying the final year or two of interest on each of the three different bonds. The City will see a total net interest cost savings of approximately $15,000.00. Motion by Arndt, second by Forcier, to approve Item 11(a). Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF NON - WAIVER OF TORT LIABILITY LIMITS FOR GENERAL LIABILITY COVERAGE Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the City is in the process of renewing its general liability insurance policy with the League of Minnesota Cities. As part of the renewal process, the City must decide whether or not the City wants to waive the statutory municipal tort liability limits from $500,000 per claimant to $1,500,000 per occurrence. If waived, the City must purchase excess liability coverage. Historically, the City has not waived the municipal tort liability limits. Motion by Forcier, second by Christensen, to not waive the tort liability limits. Motion carried unanimously. (c) DISCUSSION OF COMMUNITY EVENT SIGNAGE Mayor Cook noted that with the last Water Carnival event, he could tell that attendance was low at 11 CITY COUNCIL MINUTES —JUNE 25, 2013 the events held down by the river. Mayor Cook explained that he looked for signage of the events and noted that there was none along Hwy 7, most likely due to the City's various sign ordinances. Mayor Cook explained that he had located in Section 154.036 of the Hutchinson City Code, the Council has the ability to allow signage for community /civic events and can attach conditions to such signage. Mayor Cook distributed a list of events that he felt could be considered as being allowed to have signage for their events which are of a community /civic nature. Those events include: Chamber of Commerce Bring it Home Celebration, Dairy Days, Jaycee Water Carnival, Orange Spectacular, Garlic Festival, RiverSong Music Festival, Relay for Life, McLeod County Fair, and Arts & Crafts Festival. Council Member Czmowski noted that he has no issues with allowing signage to advertise events as long as the signs are taken care of and taken down timely. Council Member Arndt noted that he has concerns with banner type signs hanging between trees or between fence posts. He would like to see more of a kiosk type of structure that could list events. City Attorney Sebora noted he has concerns with knowing when to draw the line as to organizations allowed and allowances on public property. Dan Jochum, Planning Director, noted there is a provision in the banner ordinance that allows for on- premise signs for one day with no permit required. The Council concluded to wait on establishing a list of community /civic events and review the entire ordinance at an upcoming workshop. If an organization has a specific request, they should come forward to the Council. (d) DISCUSSION OF TEMPORARY REDUCTION IN RESIDENTIAL SAC & WAC CHARGES Kent Exner, City Engineer, reviewed the City's Sanitary Sewer and Water Availability Charge Policy that is applied to new construction residential homes. The basis of these charges is based on the Metropolitan Council Environmental Services procedures that utilize land use parameters and related SAC units. This procedure more accurately reflects the use of the infrastructure services and has a strong base of use as a fair and acceptable standard. The City's SAC and WAC charges on new construction residential homes is approximately $4050. These fees cover the trunk system pipe oversizing, non - assessable trunk improvements, storage facilities, lift stations and other related facilities, treatment and production facility modifications, construction or reconstruction and debt retirement of related expenses. Mr. Exner noted the large investment the City incurs when building the service areas. Staff does not necessarily feel that the SAC /WAC fees encourage or discourage development and lowering them will not determine future development. The Council did not feel that the fees should be changed at this time. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy thatguides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) CITY OF HUTCHINSON FINANCIAL REPORT AND INVESTMENT REPORT FOR MAY 2013 (b) WEED NOTICES MONTHLY REPORT FOR MAY 2013 (c) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM 5 CITY COUNCIL MINUTES— JUNE 25, 2013 MAY 21, 2013 ►I On July 6, 2013, at 10:30 a.m. at West River Park a ceremony will be held to honor the 150th anniversary of the death of Little Crow. Details are still being finalized. Council Member Arndt noted that a 4th of July celebration is being held at Word of Life Church. The entire community is invited. Mr. Arndt also noted that a resident on Adams Street had raised a concern regarding the sod along the boulevard being full of weeds. Mr. Exner explained that the Adams Street project was completed in 2010 and the sodding was satisfactory at the time it was laid down. Last Summer was extremely hot and dry which takes a toll on the sod. In all projects, the contractor lays the sod down and waters immensely for 30 days and then the maintenance needs to be coordinated with the help of property owners. The Council expressed property owners must maintain their yards, including boulevards. Jeremy Carter — Mr. Carter reminded the Council of the general fund budget workshop being held on July 9, 2013, at 4:00 p.m. Kent Exner — Mr. Exner provided project updates: Jefferson Street and Hwy 15 South roundabout are progressing; depot site remediation project is moving along well and a new foundation should be placed tomorrow for the depot building. The fishing pier on the south side of Crow River near Cedar Park has been installed. The bid opening for South Grade Road bridge project is July 1, 2013. Mayor Cook — Mayor Cook noted the lights on Crow River fountain do not seem to be working. Kent Exner will check into it. Mayor Cook also noted the positive comments that have been received on the Art Walk. Some citizens have expressed interest in purchasing the pieces on display. Mayor Cook also expressed perhaps the City is interested in making a purchase. Perhaps a People's Choice award could be given and that would be the piece the City invests in. The Council thought that was a good idea. 14. ADJOURN Motion by Arndt, second by Christensen to adjourn at 7:30 p.m. Motion carried unanimously. 0 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Resolution Establishing Location for Traffic Control Devices Department: PW /Eng LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Kent Exner /John Olson Agenda Item Type: Presenter: Kent Exner /John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Please see the attached Resolution Establishing Location for Traffic Control Devices and associated drawing. BOARD ACTION REQUESTED: Approval of Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14169 RESOLUTION ESTABLISHING 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 1 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. Replace existing "YIELD" condition with a "STOP" condition at the intersection of Goebel St SW and Graham St SW to improve traffic safety due to limited sight lines at the intersection. NOW, THEREFORE, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: Adopted by the City Council this 9th day of July, 2013. Steven Cook Mayor ATTEST: Jeremy Carter City Administrator ' 525 10 ° a ■ �f�.. 532 -+ optT�f '.Jhi• o r �. I� iii • — F': , v1 w • 535 �v fi ail y L ' ok !► tr. 552 r.'. s ' to t 560 rr o $40 ' _ 562 lit 715 ' - Aw 41, I i Aj HUTCHINSON CITY COUNCIL ci =y�fAa� Request for Board Action 7AL =-vz Agenda Item: Amendment to Zoning Ordinance - Garages - Second Reading Department: Planning and Zoning LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Second reading of proposed garage ordinance amendments integrating comments from the City Council from its June 25, 2013 meeting. Changes relate to allowing garages under 400 square feet but larger than 240 square feet by conditional use permit and not allowing garages under 240 square feet at all. BOARD ACTION REQUESTED: Review, discussion, and adoption of proposed ordinance language. Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: n/a Remaining Cost: $ 0.00 Funding Source: n/a CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14154 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF AMENDING THE ZONING ORDINANCE APPLICATION SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058 REGARDING GARAGE REQUIREMENTS FACTS 1. City Staff is requesting an amendment to the zoning ordinance regarding garage requirements as directed by the City Council. The present ordinance requires a 400 sq. ft. garage for new construction on residential lots and a conditional use permit can be applied for to allow a garage smaller than 400 square feet or no garage at all. The revised ordinance indicates all new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Garages between 1,000 square feet and 1,500 square feet may be allowed with a conditional use permit if they do not occupy more than 25% of the rear yard. Garages larger than 1,500 square feet are not allowed in residential zoning districts. 2. The Planning Commission met on May 21, 2013, 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. 3. The City Council of the City of Hutchinson reviewed the request at its meeting on June 25, 2013, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of amending the zoning ordinance subject to the following findings and conditions: a. City Council has considered the recommendation of the Planning Commission and the effect of the ordinance amendment 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 the effect of the use on the Comprehensive Plan. b. The Council has determined that the ordinance amendment is in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. c. The proposed amendment would be consistent with the intent and purpose of the residential districts. APPLICABLE LAW 4. The ordinance amendment request must meet the initiation and procedures as required in Sections 154.026, 154.004, 154.056, 154.057 and 154.058 of the City of Hutchinson Municipal Code. Findings of Fact — Ordinance Amendment Resolution #14154 Garage Requirements in the Residential Districts Page 2 CONCLUSIONS OF THE LAW 5. The requested ordinance amendment is consistent with the comprehensive plan and the purpose of the Residential Zoning District. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to amend the zoning ordinance regarding garage requirements be approved. Adopted by the City Council this 9t' day of July, 2013. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor PUBLICATION NO. ORDINANCE NO. 13 -0710 AN ORDINANCE AMENDING SECTIONS 154.026, 154.004, 154.056, 154.057 AND 154.058, REGARDING GARAGE REQUIREMENTS THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interests of the City to amend Sections 154.004 154.026, 154.056, 154.057, 154.058 regarding garage requirements as follows: § 154.026 ACCESSORY BUILDINGS. (A) No accessory buildings shall be erected or located within any required side yard setback, except as provided in §§ 154.056 and 154.057 of this code, for R -1 and R -2 districts. (B) Utility buildings in residential districts shall not exceed 12 feet by 16 feet and shall be six feet or more from all lot lines of adjoining lots, and shall not be located within a utility easement. (C) No accessory building or garage per single - family homes shall occupy more than 25% of a rear yard, nor exceed 1,000 square feet of floor area. All new homes shall either have an attached or detached garage of at least 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Garages between 1,000 square feet and 1,500 square feet may be allowed with a conditional use permit if they do not occupy more than 25% of the rear yard. Garages larger than 1,500 square feet are not allowed in residential zoning districts. (D) No permit shall be issued for the construction of more than one accessory detached private garage structure for each dwelling. (E) No accessory building or use shall be constructed or developed on a lot prior to the time of construction of the principal building to which it is accessory, except by conditional use permit. (F) Accessory buildings in all districts shall be located to the rear of the principal building. (G) No accessory building in a commercial or industry district shall exceed the height of the principal building except by conditional use permit. (H) Utility sheds in residential districts which have floor areas greater than ten feet by 12 feet shall have a floating concrete slab. Only one utility shed per home is permitted. (I) Pole buildings shall be permitted only if siding and roofing in building materials are similar to the principal structure. Pole buildings are allowed only by conditional use permit. Q) Unattached garages require direct access by public way or in cases of interior lots, a side yard drive setback dimension no less than ten feet between the property line and the principal structure. Direct access to the public right -of -way is not permitted through the rear or side yard of double frontage lots located on any collectors or arterial roadways, except for properties platted prior to 1988. ('89 Code, § 11.7.14) (Ord. 464, passed 1--96; Am. Ord. 07 -0459, passed 3- 13 -07) Penalty, see § 10.99 § 154.004 DEFINITIONS. GARAGE. An accessory building, or part of a principal building, used primarily for the parking of automobiles owned or operated by the residents of dwellings located on the lot on which it is located. All new homes shall either have an attached or detached varaae of at least 400 sauare feet. Garages less than 400 sauare feet but larger than 240 sauare feet are allowed by conditional use hermit. Garages less than 240 sauare feet are not allowed. eend tier ' tise „°n:ni *. GARAGES are - aeeessed "b free driveways.— Driveways shall be constructed of concrete, bituminous, block pavers, or some other dust free material, as approved by the City Engineer and/or Planning Director. Gravel, crushed limestone, rock, sand, bitcon (crushed bitminious and/or concrete) or other similar materials are not considered dust free. Ordinance # 13 -0710 Garage Requirements July 9, 2013 Page 2 § 154.056 R -1, SINGLE - FAMILY RESIDENTIAL DISTRICT. (A) Purpose. The R -1 residential district is intended to provide residential areas for development of single - family homes and complementary uses on larger parcels of land. (B) Permitted principal uses. The following uses are permitted, as regulated herein, without special application requirements or conditions attached: (1) Single - family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Single fimii! dwellings withetit ga-Fages or- with gar-ages less than 400 s"ar-e feet are eenditionally pemiiAed. A eenditional use pemli (2) Parks and playgrounds; (3) Licensed family day care as permitted by state law; and (4) State licensed residential facilities serving six or fewer persons. § 154.057 R -2, MEDIUM DENSITY RESIDENTIAL DISTRICT. (A) Purpose. The R -2 medium density residential district allows single - family homes and complementary uses on land parcels that are smaller than those required in the R -1 district. Two - family buildings are also allowed. (B) Permitted uses. (1) Single - family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Single famil dwellings withetA gar-ages E)r- with gar-ages less than 400 s"ar-e feet are eenditionally peFmitted. A eenditiena4 use peFfnit (2) Two - family attached dwellings, duplexes, double bungalows. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Single fa+nily Elwelliiigs withetA gafages of with gafages less then 400 s"afe feet Effe eeoditie Putted. A eeiutienal tise penmit isz egtued; (3) Parks and playgrounds; (4) Licensed family day care as permitted by state law; and (5) State licensed residential facilities serving six or fewer persons. § 154.058 R -3, MEDIUM -HIGH DENSITY RESIDENTIAL DISTRICT. (A) Purpose. The R -3 medium -high density residential district is intended to provide areas offering a broad development range in housing units, yet retain the environment and character of less intensive residence areas through carefully established bulk and lot area requirements. (B) Permitted uses. (1) Single - family detached dwellings. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. S (2) Two - family attached dwellings, duplexes, double bungalow. All new home construction in residential districts shall have an attached or detached garage with a minimum of 400 square feet. Garages less than 400 square feet but larger than 240 square feet are allowed by conditional use permit. Garages less than 240 square feet are not allowed. Single family dwellings withetA gar-ages or- with ga-Fages less than 4 00 squaFe gaet are eenditie*a4y (3) Parks and playgrounds; (4) Family day care as permitted by state law; and (5) Class B supervised living facilities serving six or fewer persons. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and publication. Ordinance # 13 -0710 Garage Requirements July 9, 2013 Page 3 Adopted by the City Council this 9th day of July, 2013. Attest Jeremy J. Carter Steven W. Cook City Administrator Mayor First reading of the Ordinance: June 25, 2013 Second reading of the Ordinance: July 9, 2013 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Request to Reestablish Security Officer Position Department: Administration LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Brenda Ewing Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: At the June 11, 2013, meeting, the City Council approved of entering into a security services agreement with Hutchinson Health. To properly staff the 24/7 security function, the City will employ three full time Security Officers and additional part time Security Officers for a total of approximately 4.2 full time equivalents. In 2002, the City of Hutchinson created the position of Community Services Officer /Security Guard. The position was created due to a previous arrangement between the City and Hutchinson Area Health Care for providing similar security services. The position was removed from the City position classification table as of 2004, due to the termination of the arrangement. The description from 2002 was revised to reflect the current Security Officer position duties and responsibilities and is attached for review and reference. BOARD ACTION REQUESTED: Approve the reestablishment of the Grade 3 positions of full time and part time Security Officer Fiscal Impact: $ 306,950.40 Funding Source: Contract for Services with Hutchinson Health FTE Impact: 4.20 Budget Change: Yes Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Cite of 7AL ti,t U�7 TITLE SECURITY GUARD jobdesc133 2013 DEPARTMENT POLICE SUMMARY THIS IS CONTRACTED GENERAL SECURITY WORK FOR THE HUTCHINSON HEALTH FACILITY DUTIES AND RESPONSBILITIES 1. Maintain Security at Hutchinson Health on foot or in a vehicle to preserve law and order, to prevent and discover the commission of crime. Be assigned to a specified area for the purpose of receiving and solving complaint /problems in that area. 2. Respond to calls and complaints involving the Hutchinson Health staff, facilities, and grounds, providing first aid for injured persons and taking safeguards to minimize disruptions. Written reports may be required. 3. Respond to emergencies to provide security for the Hutchinson Health staff a, patients and facilities. Provides coordination with police officers and /or fire department personnel responding to emergencies located on hospital grounds. 4. Provides escort services to hospital employees during shift changes. Provides escort service to visitors upon request. 5. Take fingerprints, gather evidence, and locate witnesses, as directed. 6. Reports matters which require the attention of Hutchinson Health and other municipal departments, including safety hazards and property damage. 7. Answer questions and give directions, information or aid as requested by the public. 8. Check Hutchinson Health facilities after closing hours. 9. Direct traffic as required. 10. Provide services as required for high school activities, county fair, Water Carnival, Arts and Crafts Fair, Event Center, and other community events. 11. Conduct tours and make appearances for informative purposes at meetings as requested. 12. Prepare information and reports for evidence and provide testimony in court. 13. Prepare reports daily or as required for supplementary and miscellaneous reports. 14. Perform related duties as required. EQUIPMENT Motor vehicles, security equipment, testing equipment, radio, computerized information system, printer, copier, telephones, camera, evidence equipment, and fingerprint equipment, audio and visual recording equipment. REQUIRED QUALIFICATIONS High school diploma or GED. Associates Degree in police /criminal justice or related field or 3 -5 years relevant experience may be substituted. General knowledge of the principles /practices of security work. Adaptability, emotional maturity, objectivity, and skill in dealing with people are required. Ability to understand and carry out oral and written directions and to independently initiate and complete work activities. Valid Minnesota driver's license. A security officer must successfully complete the department's field training program. A security officer must pass the department physical fitness test twice each year. DESIRED QUALIFICATIONS Ability to deal courteously, tactfully and diplomatically with persons at all levels. Adaptability and the ability to deal with people in difficult emergency or medical situations. Demonstrated knowledge of and the ability to adhere to federal and state requirements governing patient confidentiality issues. Computer proficiency. WORKING CONDITIONS Security officers working conditions include rotating shifts on a 24 hour basis, on -call and on- duty in emergencies, and an element of personal danger in performance of some duties. Considerable public contact. Inside and outside work in all weather conditions. NOTE: Positions subject to the terms and conditions of the contractual services arrangement between the City of Hutchinson and Hutchinson Health. Termination of the contract by either party will result in the immediate elimination of the security positions, resulting in a layoff of any existing personnel. Grade 3 Position CITY OF HUTCHINSON ADDENDUM TO JOB DESCRIPTIONS 1995 TO COMPLY WITH THE AMERICANS WITH DISABILITIES ACT (ADA) FOR POSITION: Licensed Police Officer, Security Guard. PHYSICAL DEMANDS The physical demands described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to sit and talk or hear. The employee is frequently required to stand, walk and use hands to finger, handle, or feel objects, tools or controls, reach with hands and arms, climb or balance, stoop, kneel, crouch or crawl, and taste or smell. The employee must occasionally lift and /or move more than 100 pounds. Specific vision abilities required by this job include close vision, distance vision, color vision, peripheral vision, depth perception, and the ability to adjust focus. WORK ENVIRONMENT The work environment characteristics described here are representative of those an employee encounters while performing the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee frequently works in outside weather conditions. The employee occasionally works near moving mechanical parts, in high, precarious places and with explosives, and is occasionally exposed to wet and /or humid conditions, fumes or airborne particles, toxic or caustic chemicals, extreme cold, extreme heat, and vibration. The noise level in the work environment is occasionally loud. The duties listed in job descriptions are intended only as illustrations of the various types of work that may be performed. The omission of specific statements of duties does not exclude them from the position if the work is similar, related or a logical assignment to the position. The job description does not constitute an employment agreement between the employer and employee and is subject to change by the employer as the needs of the employer and requirements of the job change. HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Approval of Reciprocal Easement Agreement - Walgreen's Department: Legal LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: As we all know, Walgreen's will be constructing a new facility on the former Running's property along Hwy 15 South, next to the Plaza 15 complex. Similar to the configuration between the old Running's and Plaza 15, a common area between the two buildings will be utilized by general vehicle traffic for entering and exiting both Walgreen's property and Plaza 15's property. Because of this, stakeholders in the project have proposed to enter into a Reciprocal Easement Agreement With Covenants, Conditions and Restrictions to address these encroachments. Hutchinson Health, the City's lessee of Plaza 15, has acknowledged the easement agreement and has no objection to it. Please contact me with any questions you may have on this matter. BOARD ACTION REQUESTED: Approval of the Reciprocal Easement Agreement between James Family Properties, LLLP, Walgreen Co., City of Hutchinson and MidCountry Bank. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RETURN RECORDED DOCUMENT TO: Best & Flanagan LLP 225 South Sixth Street Suite 4000 Minneapolis, Minnesota 55402 Attn: Bradley F. Williams RECIPROCAL EASEMENT AGREEMENT WITH COV_ E_ NANTS. CONDITIONS AND RESTRICTIONS THIS RECIPROCAL EASEMENT AGREEMENT WITH COVENANTS, CONDITIONS AND RESTRICTIONS (the "Agreement ") is made and entered into effective as of the day of , 2013, by and between JAMES FAMILY PROPERTIES, LLLP, an Arkansas limited liability limited partnership ( "JFP "), WALGREEN CO., an Illinois corporation ( "Walgreen "), CITY OF HUTCHINSON, a Minnesota municipal corporation (the "City "), and MIDCOUNTRY BANK, a federal savings bank (the "Bank "). RECITALS A. JFP is the owner of that certain real property situated in the City of Hutchinson, County of McLeod, State of Minnesota, more particularly described on Schedule I attached hereto and incorporated herein by this reference ( "Lot 1 "). B. JFP is the owner of that certain real property situated in the City of Hutchinson, County of McLeod, State of Minnesota, more particularly described on Schedule 2 attached hereto and incorporated herein by this reference ( "Lot 2 "), which is east of, and adjacent to, Lot 1. C. JFP intends to develop Lot I for use by Walgreen (hereinafter defined), and to simultaneously or thereafter develop or allow or cause the development of Lot 2 as a medical office or commercial site. D. A Site Plan (defined below) showing Lot 1, Lot 2 and the other Parcels (defined below) that are subject to this Agreement is attached hereto as Exhibit A. E. The Bank is the owner of that certain real property situated in the City of Hutchinson, County of McLeod, State of Minnesota, more particularly described on Exhibit B attached hereto and incorporated herein by this reference (the "Bank Parcel "), which is north of, and adjacent to, Lot 1 and Lot 2. F. The City is the owner of that certain real property situated in the City of Hutchinson, County of McLeod, State of Minnesota, more particularly described on Exhibit C attached hereto and incorporated herein by this reference (the "City Parcel "), which is south of, and adjacent to, Lot 1 and Lot 2. G. The parties hereto desire to impose certain easements upon the Parcels, and to establish certain covenants, conditions and restrictions with respect to said Lot 1 and Lot 2, for the mutual and reciprocal benefit and complement of the Parcels and the present and future owners and occupants thereof, on the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of the above premises and of the covenants herein contained, JFP, the City, the Bank, and Walgreen (during the continuance of the Walgreen Lease [defined below] or in the event Walgreen becomes the owner of Lot 1), hereby covenant and agree that the Parcels and all present and future owners and occupants of the Parcels shall be and hereby are subject to the terms, covenants, easements, restrictions and conditions hereinafter set forth in this Agreement, so that the Parcels shall be maintained, kept, sold and used in full compliance with and subject to this Agreement and, in connection therewith, the parties hereto on behalf of themselves and their respective successors and assigns covenant and agree as follows: AGREEMENTS 1. Definitions. For purposes hereof: (a) The term "Owner" or "Owners" shall mean JFP (as to Lot 1 and Lot 2), the Bank (as to the Bank Parcel), and the City (as to the City Parcel) and any and all successors or assigns of such persons as the owner or owners of fee simple title to all or any portion of the real property covered hereby, whether by sale, assignment, inheritance, operation of law, trustee's sale, foreclosure, or otherwise, but not including the holder of any lien or encumbrance on such real property. (b) The term "Parcel" or "Parcels" shall mean each separately identified parcel of real property now constituting a part of the real property subjected to this Agreement as legally described on Schedule 1, Schedule 2, Exhibit B and Exhibit C and identified on the Site Plan, that is, Lot 1, Lot 2, the Bank Parcel and the City Parcel, and any future subdivisions thereof. Lot 1 and Lot 2 shall also be referred to herein as the "Development ". (c) The term "Permittees" shall mean the tenant(s) or occupant(s) of a Parcel, and the respective employees, agents, contractors, customers, invitees and licensees of (i) the Owner of such Parcel, and/or (ii) such tenant(s) or occupant(s). 2 (d) The tenn "Common Area" shall mean those portions of Lot 1 or Lot 2, as applicable, that are outside of exterior walls of buildings or other structures from time to time located on Lot I or Lot 2, as applicable, and which are either unimproved, or are improved as (without limitation) parking areas, landscaped areas, driveways, roadways, walkways, light standards, curbing, paving, entrances, exits and other similar exterior site improvements. (e) The term "Bank Parcel Access Easement Area" shall mean that area located on the Bank Parcel as designated and shown on the Site Plan and the diagram attached hereto as Exhibit D as the Bank Parcel Access Easement Area, and legally described on Exhibit E attached hereto and by reference made a part hereof (f) The term "City Parcel Access Easement Area" shall mean that area located on the City Parcel as designated and shown on the Site Plan and the diagram attached hereto as Exhibit D as the City Parcel Access Easement Area, and legally described on Exhibit F attached hereto and by reference made a part hereof. (g) The term "Bank Parcel Utility Easement Area" shall mean that area located on the Bank Parcel as designated and shown on the Site Plan and the diagram attached hereto as Exhibit G as the Bank Parcel Utility Easement Area, and legally described on Exhibit H attached hereto and by reference made a part hereof. (h) The term "City Parcel Utility Easement Area" shall mean that area located on the City Parcel as designated and shown on the Site Plan and the diagram attached hereto as Exhibit D as the City Lot 2 Access Easement Area, and legally described on Exhibit F attached hereto and by reference made a part hereof. (i) The term "Lot 2 Access Easement Area" shall mean that area located on the Lot 2 as designated and shown on the Site Plan and the diagram attached hereto as Exhibit D as the Lot 2 Access Easement Area, and legally described on Exhibit I attached hereto and by reference made a part hereof. 0) The term "Temporary Construction Easement Area" shall mean that area located on the Bank Parcel as designated and shown on the Site Plan and the diagram attached hereto as Exhibit J as the Temporary Construction Easement Area, and legally described on Exhibit K attached hereto and by reference made a part hereof (k) The term "Easement Area" shall mean the Bank Parcel Access Easement Area, the City Parcel Access Easement Area, the Bank Parcel Utility Easement Area, the City Parcel Utility Easement Area or the Lot 2 Access Easement Area as the context requires. (1) The term "Walgreen" or "Walgreens" shall mean WALGREEN CO., an Illinois corporation (or any of its affiliates, subsidiaries, successors or assigns). (m) The term "Walgreen Lease" or "Walgreens Lease" shall mean that lease of Lot I from JFP as landlord to Walgreen as tenant, and any amendments, extensions or replacements thereof. 3 (n) The term "Site Plan" shall mean that site plan of the Parcels attached hereto as Exhibit A and by reference made a part hereof. Except as may be otherwise provided in this Agreement, the Site Plan is for identification purposes only. (o) The term "Driveways" shall mean the driveways and related driveway improvements, paving, curbing, entrances and exits, or any portions thereof, in the location on the Parcels as shown on the Site Plan. 2. Easements. 2.1 Grant of Easements. Subject to any express conditions, limitations or reservations contained herein, if any, the Owners hereby grant, establish, covenant and agree that the Parcels, as applicable, and all Owners and Permittees of the Parcels, as applicable, shall be benefited and burdened by the following nonexclusive, perpetual easements which are hereby imposed upon the Parcels, as applicable, and all present and future Owners and Permittees of the Parcels, as applicable: (a) A mutual and reciprocal easement for reasonable access, ingress and egress over all paved driveways, roadways and walkways as presently or hereafter constructed and constituting a part of the Common Area of Lot 1 and the Common Area of Lot 2 including, without limitation, the Driveways located in the such Common Area, so as to provide for the passage of vehicles and pedestrians between all portions of the Common Area of such Parcels intended for such purposes, and to and from all abutting streets or rights of way furnishing access to such Parcels; (b) An easement for ingress and egress over the Bank Parcel Access Easement Area including, without limitation, the Driveways located in the Bank Parcel Access Easement Area, so as to provide for ingress, egress and passage of vehicles and pedestrians between the Bank Parcel, Lot 1 and Lot 2 over and across the Bank Parcel Access Easement Area to and from all abutting streets or rights of way furnishing access to the Bank Parcel; (c) An easement for ingress and egress over the Lot 2 Access Easement Area including, without limitation, the Driveways located in the Lot 2 Access Easement Area, so as to provide for ingress, egress and passage of vehicles and pedestrians between the Bank Parcel and Lot 2 over and across the Lot 2 Access Easement Area to and from all abutting streets or rights of way furnishing access to Lot 2; (d) An easement for ingress and egress over the City Parcel Access Easement Area including, without limitation, the Driveways located in the City Parcel Access Easement Area, so as to provide for ingress, egress and passage of vehicles and pedestrians between the City Parcel, Lot 1 and Lot 2 over and across the City Parcel Access Easement Area to and from all abutting streets or rights of way furnishing access to the City Parcel; (e) An easement under and across the Bank Parcel Utility Easement Area, for the installation, maintenance, repair and replacement of storm drains and sewers and related utility facilities (collectively, the "Bank Parcel Utility Easement Area Utilities ") 4 necessary for the orderly development and operation of the Common Area of Lot 1 and the building from time to time located within such Parcel. Once the initial construction on Lot I shall be completed by JFP pursuant to the Walgreen Lease, thereafter no additional utility easements affecting Lot 1 shall be installed without Walgreen's consent, which consent shall not be unreasonably withheld (during the continuance of the Walgreen Lease); (f) An easement under and across the City Parcel Utility Easement Area, for the installation, maintenance, repair and replacement of water mains, storm drains, sewers, water sprinkler system lines, fiber optic, telephone or electrical conduits or systems, cable, gas mains and other utility facilities necessary for the orderly development and operation of the Common Area of Lot 1 and the Common Area of Lot 2 and each building from time to time located within such Parcels; and (g) An easement (the "Temporary Construction Easement ") over, under, in, along, across and upon the Temporary Construction Easement Area for the initial construction and installation of the Bank Parcel Utility Easement Area Utilities, driveways, roadways, walkways, curbing, paving, entrances, exits and/or other similar exterior site improvements required for the initial development for Walgreens by JFP (collectively, the "Temporary Construction Easement Improvements "), and other construction purposes reasonably related to the initial construction and installation of the Temporary Construction Easement Improvements. Notwithstanding the terms of the introductory paragraph of paragraph 2.1 above, the Temporary Construction Easement shall not be perpetual, rather it shall be temporary and shall automatically terminate upon completion of the initial construction and installation of the Temporary Construction Easement Improvements, 2.2 Indemnification. Each Owner and Walgreen having rights with respect to an easement granted hereunder shall indemnify, defend, and hold the Owner whose Parcel is subject to the easement (including Walgreen, in the case of the Owner of Lot 1) harmless from and against all claims, liabilities and expenses (including, without limitation, reasonable attorneys' fees) relating to accidents, injuries, loss, or damage of or to any person or property arising from the negligent, intentional or willful acts or omissions of such Owner or Walgreen, or their respective Permittees contractors, employees, agents, or others acting on behalf of such Owner or Walgreen with respect to such easements; however, the City's obligation with respect to the provisions of this paragraph 2.2 shall be subject to Minn. Stat. § 466.04, as amended from time to time, or any successor statute thereto, to the extent applicable. 2.3 Reasonable Use of Easements. (a) The easements herein above granted shall be used and enjoyed by each Owner and its Permittees in such a manner so as not to unreasonably interfere with, obstruct or delay the conduct and operations of the business of any other Owner or its Permittees at any time conducted on its Parcel, including, without limitation, public access to and from said business, and the receipt or delivery of merchandise in connection therewith. All systems, structures, mains, conduits, lines and /or other utilities, 5 whether public or private, installed pursuant to any easements granted herein shall be so installed and maintained below the ground level or surface of a Parcel (except for such parts thereof that cannot and are not intended to be placed below the surface which shall be placed in such location as either indicated on the Site Plan or otherwise subsequently expressly approved by the applicable Owner, and Walgreens [during the continuance of the Walgreens Lease] in writing). Notwithstanding the foregoing or anything contained in this Agreement to the contrary, no Owner of a Parcel or its Permittees shall in any event undertake any work described in this paragraph or any repair or replacement or other work under paragraph 3 below (except normal minor repairs in the ordinary course which do not interfere with the business of the Owner of Lot 1 and its Permittees) which is not of an emergency nature during the period commencing October 15th through December 31st in any particular year, unless the Owner of Lot 1 (and Walgreen, during the continuance of the Walgreen Lease) shall consent thereto. Any party doing any construction or other work pursuant to a right granted herein shall, if applicable, properly backfill all excavations and restore each applicable Parcel to the condition which existed prior to the commencement of such construction or other work as nearly as practicable. Except in an emergency, the right of any Owner to enter upon the Parcel of another Owner for the exercise of any right with respect to such easements shall be conditioned upon providing reasonable prior advance written notice to the other Owner (and, as to any entry upon Lot 1 during the continuance of the Walgreen Lease, Walgreen) as to the time and manner of entry. (b) Once commenced, any construction undertaken in reliance upon an easement granted herein shall be diligently prosecuted to completion, so as to minimize any interference with the business of any other Owner and its Permittees. Except in cases of emergency, the right of any Owner to enter upon a Parcel of another Owner for the exercise of any right pursuant to the easements set forth, or to prosecute work on such Owner's own Parcel if the same interferes with utility or drainage easements or easements of ingress, egress or access to or in favor of another Owner's Parcel, shall be undertaken only in such a manner so as to minimize any interference with the business of the other Owner and its Permittees. In such case, no affirmative monetary obligation shall be imposed upon the other Owner (and/or, during the continuance of the Walgreen Lease, Walgreen), and the Owner undertaking such work shall with due diligence repair at its sole cost and expense any and all damage caused by such work and restore the affected portion of the Parcel upon which such work is performed to a condition which is equal to or better than the condition which existed prior to the commencement of such work. In addition, the Owner undertaking such work shall pay all costs and expenses associated therewith and shall indemnify, defend and hold harmless the other Owner(s) and its Permittees from all damages, losses, liens or claims attributable to the performance of such work. 3. Maintenance. 3.1 General. Until such time as improvements are constructed on Lot 1 and Lot 2, the Owner thereof shall maintain the same in a clean and neat condition and shall take such measures as are necessary to control grass, weeds, blowing dust, dirt, litter or debris. C: 3.2 Buildings and Appurtenances Thereto. (a) The Owner of Lot 2 and Walgreen covenants to keep and maintain, or cause to be kept and maintained, at its sole cost and expense, the building(s) located from time to time on its respective Parcel in good order, condition and repair. Once constructed, in the event of any damage to or destruction of a building on Lot 2, the Owner of Lot 2, and with respect to Lot 1, Walgreen during the continuance of the Walgreen Lease, shall, at its sole cost and expense, with due diligence either (i) repair, restore and rebuild such building to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement), or (ii) demolish and remove all portions of such damaged or destroyed building then remaining, including, without limitation, the debris resulting therefrom, and otherwise clean and restore the area affected by such casualty to a level, graded condition. Nothing contained in subparagraph 3.2(a)(ii) shall be deemed to allow such Owner or Walgreen to avoid a more stringent obligation for repair, restoration and rebuilding contained in a lease or other written agreement between such Owner and such Owner's Permittee. (b) Each of Lot 1 and Lot 2 shall comply with applicable governmental parking ratio requirements without taking into account the parking provided on the other Parcel, such that each of Lot I and Lot 2 shall be self - sufficient for vehicular parking. 3.3 Common Area of Lot i and Lot 2. Each Owner of Lot 1 and Lot 2 covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained at its sole cost and expense the Common Area located on its Parcel in good order, condition and repair. Following the construction of improvements thereon, maintenance of such Common Area shall include, without limitation, maintaining, repairing and replacing all sidewalks and parking, roadway and driveway areas (including, without limitation, the Driveways), removing all papers, debris and other refuse and ice and snow from and periodically sweeping all parking, roadway and driveway areas (including, without limitation, the Driveways) to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining and keeping lit appropriate lighting fixtures for the adequate lighting of parking areas and roadways, including, without limitation, the Driveways, during normal business hours and for at least sixty (60) minutes thereafter, maintaining marking, directional signs, lines and striping as needed, maintaining landscaping, maintaining signage in good condition and repair, and performing any and all such other duties as are necessary to maintain such Common Area in a clean, safe and orderly condition. Except as otherwise expressly provided in this Agreement, once constructed, in the event of any damage to or destruction of all or a portion of such Common Area, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild such Common Area to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement). Each Owner of Lot 1 and 2 reserves the right to alter, modify, reconfigure, relocate and /or remove the Common Areas or building areas on its Parcel (collectively, "Common Area Changes "), except as may otherwise be provided in this Agreement to the contrary, and subject to the following additional conditions: (a) as to Common Area Changes on Lot 1, during the continuance of the Walgreen Lease, the express written consent of Walgreen shall be required; (b) the easements between Lot I 7 and Lot 2 pursuant to paragraph 2.1(a) shall not be closed or materially impaired; (c) the Driveways and ingress and egress thereto, and to and from Lot 1 and Lot 2 and adjacent streets and roads, shall not be so altered, modified, relocated, blocked and /or removed without the express written consent of JFP and Walgreen (during the continuance of the Walgreen Lease); (d) the same shall not violate any of the provisions and easements granted in paragraph 2; and (e) as to Common Area Changes on Lot 2, the requirements of paragraph 3.2(b) of this Agreement shall be complied with from time to time. 3.4 Easement Areas. Each Owner of a Parcel covenants at all times during the term hereof to operate and maintain or cause to be operated and maintained at its sole cost and expense all Easement Areas on its Parcel in good order, condition and repair. Following the construction of improvements thereon, maintenance of an Easement Area shall include, without limitation (but as applicable depending on the improvements located in the Easement Area), maintaining, repairing and replacing all sidewalks and parking, roadway and driveway areas (including, without limitation, the Driveways), removing all papers, debris and other refuse and ice and snow from and periodically sweeping all parking, roadway and driveway areas (including, without limitation, the Driveways) to the extent necessary to maintain the same in a clean, safe and orderly condition, maintaining and keeping lit appropriate lighting fixtures (if any) for the adequate lighting of roadways, including, without limitation, the Driveways, during normal business hours and for at least sixty (60) minutes thereafter, maintaining marking (if any), directional signs (if any), lines and striping (if any and as needed), maintaining signage (if any) in good condition and repair, and performing any and all such other duties as are necessary to maintain such Easement Area in a clean, safe and orderly condition. Except as otherwise expressly provided in this Agreement, once constructed, in the event of any damage to or destruction of all or a portion of an Easement Area on any Parcel, the Owner of such Parcel shall, at its sole cost and expense, with due diligence repair, restore and rebuild such Easement Area to its condition prior to such damage or destruction (or with such changes as shall not conflict with this Agreement). Notwithstanding anything to the contrary in this Agreement, in addition to its other covenants and obligations described in this Agreement, the Bank covenants at all times during the term hereunder to remove ice and snow from the Lot 2 Access Easement Area at the Bank's sole cost and expense. 3.5 Bank Parcel /Lot 2 Access Easement Areas, Overlay Repair/Replacement. Notwithstanding anything to the contrary in this Agreement, in addition to its other covenants and obligations described in this Agreement, the Owner of the Parcel on which the Bank Parcel Access Easement Area is located, and the Owner of the Parcel on which the Lot 2 Access Easement Area is located, covenant at all times during the term hereunder to communicate and coordinate with each other, from time to time, regarding the repair or replacement of the Asphalt Overlay (defined below in paragraph 4) so that such repair or replacement is performed in such a way that the Asphalt Overlay is treated as a unit (even though part of the Asphalt Overlay is located in the Bank Parcel Access Easement Area [on the Bank Parcel], and remainder of the Asphalt Overlay is located in the Lot 2 Access Easement Area [on Lot 2]). Accordingly, the repair or replacement of the Asphalt Overlay in both the Bank Parcel Access Easement Area and in the Lot 2 Access Easement Area shall be performed contemporaneously, on certain dates, by one contractor (the "Contractor ") who performs all such repair or replacement work, with all of the foregoing (i.e., dates, Contractor and work) as mutually agreed upon by such Owners in each such Owners' reasonable discretion, to satisfy the obligations of each such Owner under this paragraph 3.4; however, each such Owners' obligation to pay the cost of such work shall be pro rata based on the ratio of the area of the part of the Asphalt Overlay located on the respective Owners' Parcel to the whole area of the Asphalt Overlay with such areas determined as determined by the Contractor. Such communication and coordination of the repair or replacement of the Asphalt Overlay may be initiated by either of such Owners, and, unless such Owners agree otherwise, the Owner so initiating (the "Initiating Owner ") shall have the primary role in causing the repair or replacement of the Asphalt Overlay to be undertaken and completed by the Contractor. If the Initiating Owner does not receive a response from the other Owner within thirty (30) days after such communication is given in accordance with paragraph 11.11 below, or if such Owners do not mutually agree as required above, the Initiating Owner may proceed as follows: The Initiating Owner may cause a contractor selected by the Initiating Owner (i.e., even though such contractor is not mutually agreed upon by such Owners) to undertake and complete, on behalf of such Owners, the proposed repair or replacement of the Asphalt Overlay, and such Owners shall have the obligation to pay the cost of such contractor's work on the pro rata basis described above, except with the areas as determined by such contractor; provided, however, that the Initiating Owner has obtained a report/assessment from at least two asphalt contractors indicating that the proposed repair or replacement of the Asphalt Overlay is recommended. 4. Construction of Improvements. Every building (including its appurtenant Common Area improvements), now or in the future constructed on Lot 1 or Lot 2 shall be constructed, operated and maintained so that the same is in compliance with all applicable governmental requirements. Except as may be shown on the Site Plan, there shall be no changes in the grade elevations within Lot 1 or Lot 2 which exceed five percent (5 %), and Lot 1 and Lot 2 shall each be suitably paved and drained. The Driveways which connect Lot 1 to the Bank Parcel, City Parcel and Lot 2 shall be constructed and completed by the Owner of Lot 1 at the same time as such Owner develops Lot 1 for Walgreen under the Walgreen Lease (in accordance with plans approved by Walgreen under the Walgreen Lease). Additionally, at that time, the Owner of Lot 1 shall construct and complete an asphalt overlay (the "Asphalt Overlay ") over the Bank Parcel Access Easement Area and the Lot 2 Access Easement Area; however, such construction/Completion of the Asphalt Overlay shall not in any way modify or alter the covenants /obligations of the Bank Parcel to thereafter maintain, repair and replace the portion of the Asphalt Overlay which lies in the Bank Parcel Easement Area. Development parking areas shall have automobile entrances and exits from and to adjacent streets and roads, which said entrances and exits shall be of such size and at such locations as are shown on the Site Plan. Automobile traffic aisles shall run in directions shown on the Site Plan. No freestanding signs on Lot 1 or Lot 2 shall: (a) prevent or restrict Walgreen from maintaining its freestanding sign on Lot 1 located as shown on the Site Plan, (b) reduce available signage for Lot 1 (taking into account the maximum sign area permitted by law based on the size and frontage of Lot 1 or the amount of signage then existing at the exterior of the Walgreen's building, whichever is greater), or (c) obstruct the visibility of said Walgreens' freestanding sign from adjacent streets and roads. 9 During any such period when construction is occurring or any other work, restoration, repair or maintenance on a Parcel is undertaken while a business is then operating on an adjacent Parcel, the Owner or its Pennittees contracting for the construction being performed shall erect reasonable barriers on its Parcel (regardless of whether required under applicable law) for safety purposes, reasonably sufficient to restrict encroachment into the construction area by unauthorized vehicles and pedestrians; such barriers, however, subject to the applicable provisions of paragraphs 2.3(a) and 3.3(c) above. 5. Restrictions. 5.1 General. Each Parcel shall be used for lawful purposes in conformance with all restrictions imposed by all applicable governmental laws, ordinances, codes, and regulations, and no use or operation shall be made, conducted or permitted on or with respect to all or any portion of a Parcel which is illegal. In addition to the foregoing, throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Lot 2, shall be used, directly or indirectly, for purposes of a cocktail lounge, bar, any other establishment that sells alcoholic beverages for on- premises consumption, disco, bowling alley, pool hall, billiard parlor, skating rink, roller rink, amusement arcade, a theater of any kind, children's play or party facility, adult book store, adult theatre, adult amusement facility, any facility selling or displaying pornographic materials or having such displays, a second hand store, odd lot, closeout, or liquidation store, the operation of a so- called "dollar" or similar store which sells and/or advertises the sale of any products then also typically sold in a Walgreens drug store at a specific price point or below a specific deeply - discounted price level (e.g., a "dollar" or "99¢" store), auction house, flea market, educational or training facility (including, without limitation, a beauty school, barber college, school or other facility catering primarily to students or trainees rather than customers), gymnasium, sport or health club or spa, blood bank, massage parlor (except that a first class massage parlor, such as Massage Envy, shall not be prohibited), funeral home, sleeping quarters or lodging, the outdoor housing or raising of animals, the sale, leasing or storage of automobiles, boats or other vehicles, any industrial use (including, without limitation, any manufacturing, smelting, rendering, brewing, refining, chemical manufacturing or processing, or other manufacturing uses), any mining or mineral exploration or development except by non - surface means, a car wash, a carnival, amusement park or circus, an assembly hall, off track betting establishment, bingo hall, any use involving the use, storage, disposal or handling on Lot 2 of hazardous materials (other than normal quantities of cleaning supplies or other materials in normal quantities incidental to uses allowed under paragraph 5.2 below) or underground storage tanks, any use which may materially or adversely affect the water and sewer services supplied to Lot 1, a church, temple, synagogue, mosque, or other house of worship, any facility for the sale of paraphernalia for use with illicit drugs, or any use which creates a nuisance. 5.2 Additional Lot 2 Restrictions. Throughout the term of this Agreement, it is expressly agreed that neither all nor any portion of Lot 2 nor any additional property which Lot 2 Owner (i.e., not the Owner of the City Parcel or the Owner of the Bank Parcel), directly or indirectly, may now or hereafter own, lease or control, and which is contiguous to, or which is within five hundred (500) feet of any boundary of, Lot 1, shall 10 be used, directly or indirectly, for any one or more of the following purposes: (a) the operation of a drug store or a so- called prescription pharmacy or prescription ordering, processing or delivery facility, whether or not a pharmacist is present at such facility, or for any other purpose requiring a qualified pharmacist or other person authorized by law to dispense medicinal drugs, directly or indirectly, for a fee or remuneration of any kind; (b) the operation of a medical diagnostic lab and/or the provision of treatment services (other than as part of a medical, dental, physician, surgical, chiropractic or physical therapy office[s], which office[s] shall not be restricted by this subparagraph (b)); (c) the sale of so- called health and/or beauty aids and/or drug sundries (except that this provision shall not prohibit the devotion of the lesser of ten percent (10 %) of the total square footage of available combined sales or display area or one hundred (100) square feet to the incidental sale of health and beauty aids and/or drug sundries); (d) the operation of a business in which alcoholic beverages shall be sold for consumption off the premises; (e) the operation of a business in which photofinishing services (including, without limitation, digital photographic processing or printing, or the sale of any other imaging services, processes or goods) or photographic film are offered for sale; (f) the operation of a business in which greeting cards and/or gift wrap are offered for sale; and/or (g) the operation of a business in which prepackaged food items for off premises consumption offered for sale (provided, however: (i) the sale of such items in an area not to exceed the lesser of ten percent (10 %) of the total square footage of available combined sales or display area or one hundred (100) square feet shall not be prohibited; and (ii) the sale of prepared food by a restaurant for off premises consumption shall not be prohibited). 5.3 Drive- Throughs; No- Standing. No facility on a Parcel for vehicular drive -up or drive - through in which the stopping or standing of motor vehicles in line at a location for dropoff and/or pickup is intended (as, for example, at a restaurant, car wash or bank) shall be assigned, constructed, used or operated in any manner such that motor vehicles in line at such facility stop or stand onto another Parcel and/or the Driveways, or otherwise interfere with the normal pattern and flow of pedestrian or vehicular traffic on and across another Parcel and/or the Driveways, or between Parcels, or from any Parcel to and from adjacent public roadways. In addition, the stopping or standing of motor vehicles at a location for drop off and /or pick up of passengers (e.g., valet parking) or for the making of deliveries, shall not be operated in any manner such that motor vehicles shall stop or stand on another Parcel and /or the Driveways. 5.4 Term of Restrictions. If Walgreen shall discontinue the operation of its business for a period in excess of twelve (12) continuous months (so long as such discontinuance is not due to remodeling, fire, casualty, repairs, strike, temporary loss of licenses, or other causes beyond the control of Walgreen), then the exclusives in favor of Lot 1 set forth in paragraph 5.2 above and the restrictions set forth in paragraphs 5.1 and 5.2 above shall terminate. 6. Insurance. Throughout the term of this Agreement, each Owner shall procure and maintain (or cause to be procured and maintained) general and /or comprehensive public liability and property damage insurance against claims for personal injury (including, without limitation, contractual liability arising under the indemnity contained in paragraph 2.2 above), death, or property damage occurring upon such Owner's Parcel, with single limit coverage of not less than an aggregate of Two Million Dollars ($2,000,000.00), except that the City's obligation with respect to such coverage shall be with single limit coverage of not less than an aggregate of One Million Five Hundred Thousand Dollars ($1,500,000.00) (which is the maximum liability amount under Minn. Stat. § 466.04 for any number of claims arising out of a single occurrence, for claims arising on or after July 1, 2009) or such higher liability amount as may be specified in any amendment to Minn. Stat. § 466.04 or any successor statute, if applicable (for example, based on the date a claim arises). With respect to Lot 1 and Lot 2, such liability and property damage insurance shall include, without limitation, umbrella coverage, if any. Further, each Owner of Lot I and Lot 2 shall procure and maintain (or cause to be procured and maintained) fire and extended coverage insurance covering the buildings and the other improvements within the applicable Parcel to the extent of not less than 100% of replacement value (except that with respect to Lot 1, as provided under the Walgreen Lease, Walgreens shall have, after the firm term thereof, the right to maintain such casualty insurance in only an amount necessary to cover the cash -value of such buildings and the other improvements within Lot 1). The insurance coverage described above in this paragraph shall be procured through companies which are authorized to do business in the State of Minnesota. Each Owner of Lot 1 and Lot 2 shall name the other Owner and Walgreen during the continuance of the Walgreen Lease (provided the Owner obtaining such insurance has been supplied with the name of such other Owner in the event of a change thereof) as additional insureds on the above- required general and /or comprehensive public liability and property damage insurance coverage; provided, however, that notwithstanding such naming of additional insureds, the provisions of paragraph 2.2 above shall still apply, and further provided that notwithstanding the foregoing requirement as to the naming of additional insureds, if during the term of this Agreement, the Owner of Lot 1 should rely upon the insurance coverage carried by Walgreen under the Walgreens' Lease in order to meet its requirements under this paragraph, then during such period, there shall be no obligation hereunder on the part of such Owner of Lot 1 or Walgreen to cover or provide protection any party with respect to the alleged acts or omissions of any contractor or subcontractor engaged or permitted by or through the Owner of Lot 2, or its Permittees if such contractor or subcontractor does not itself carry adequate insurance coverage for bodily injury, death, and /or property damage of at least One Million Dollars ($1,000,000.00), with companies which are authorized to do business in the State of Minnesota. Walgreen (whether as tenant under the Walgreen Lease or in the event Walgreen becomes an Owner of a Parcel) may elect to self insure and /or carry insurance required hereunder under master or blanket policies of insurance if and as permitted under the Walgreen Lease or if it becomes an Owner of a Parcel. 7. Taxes and Assessments. Each Owner shall pay all taxes, assessments, or charges of any type levied or made by any governmental body or agency with respect to its Parcel. 8. No Rights in Public, Implied Easements. Nothing contained herein shall be construed as creating any rights in the general public or as dedicating for public use any portion of any Parcel. No easements, except those expressly set forth in paragraph 2, shall be implied by this Agreement; in that regard, and without limiting the foregoing, no easements for parking, signage, drainage or utilities are granted or implied. The parking areas within each Parcel shall be for the exclusive use of the Permittee(s) therein, such Permittees customers, employees, invitees, successors, assigns and sublessees. Each respective Owner and their Permittees shall have the right hereunder to erect and/or remove signage, from time to time, adjacent to such exclusive spaces indicating such parking exclusivity and the possible enforcement of such exclusive 12 parking right through towing and other means, and are hereby authorized to enforce such exclusive parking right through towing and other means. 9. Remedies and Enforcement. 9.1 All Legal and Equitable Remedies Available. In the event of a breach or threatened breach by any Owner or its Permittees of any of the terms, covenants, restrictions or conditions hereof, the other Owner(s) and Walgreen (during the continuance of the Walgreen Lease or in the event Walgreen becomes the Owner of Lot 1) shall be entitled forthwith to full and adequate relief by injunction and/or all such other available legal and equitable remedies from the consequences of such breach, including, without limitation, payment of any amounts due and/or specific performance. 9.2 Self -Help. In addition to all other remedies available at law or in equity, upon the failure of a defaulting Owner to cure a breach of this Agreement within thirty (30) days following written notice thereof by an Owner or Walgreen, during the continuance of the Walgreen Lease (unless, with respect to any such breach the nature of which cannot reasonably be cured within such 30 -day period, the defaulting Owner commences such cure within such 30 -day period and thereafter diligently prosecutes such cure to completion), Walgreen or any Owner shall have the right to perform such obligation contained in this Agreement on behalf of such defaulting Owner and be reimbursed by such defaulting Owner upon demand for the reasonable costs thereof together with interest at the prime rate charged from time to time by Bank of America, N.A. (its successors or assigns), plus two percent (2 %) (not to exceed the maximum rate of interest allowed by law). Notwithstanding the foregoing, in the event of (a) an emergency, (b) blockage or material impairment of the easement rights, and/or (c) the unauthorized parking of vehicles on Lot 1, an Owner or Walgreen (during the continuance of the Walgreen Lease) may immediately cure the same and be reimbursed by the other Owner upon demand for the reasonable cost thereof together with interest at the prime rate, plus two percent (2 %), as above described; provided, however, that a reasonable amount of time before a vehicle is towed pursuant to this clause, an Owner or Walgreen (during the continuance of the Walgreen Lease) shall use good faith, commercially reasonable efforts to (i) notify the other Owner of the parking violation and the possible enforcement of such exclusive parking right through towing and other means, or (ii) install signage (as described in paragraph 8 above). Nothing contained in this paragraph shall create any obligation on the part of any party to exercise the rights granted herein or perform another party's obligation. 9.3 Lien Rights. Any claim for reimbursement, including, without limitation, interest as aforesaid, and all costs and expenses including, without limitation, reasonable attorneys' fees awarded to any Owner (or to Walgreen in connection with the exercise of its rights set forth in paragraphs 9.1 and /or 9.2 above) in enforcing any payment in any suit or proceeding under this Agreement shall be assessed against the defaulting Owner in favor of the prevailing party and shall constitute a lien (the "Assessment Lien ") against the Parcel of the defaulting Owner until paid, effective upon the recording of a notice of lien with respect thereto in the Office of the County Recorder of McLeod County, Minnesota, provided, however, that any such Assessment Lien shall be subject and 13 subordinate to (a) liens for taxes and other public charges which by applicable law are expressly made superior, (b) all liens recorded in the Office of the County Recorder of McLeod County, Minnesota, prior to the date of recordation of said notice of lien, and (c) all leases entered into, whether or not recorded, prior to the date of recordation of said notice of lien. All liens recorded subsequent to the recordation of the notice of lien described herein shall be junior and subordinate to the Assessment Lien. Upon the timely curing by the defaulting Owner of any default for which a notice of lien was recorded, the party recording same shall record an appropriate release of such notice of lien and Assessment Lien. 9.4 Remedies Cumulative. The remedies specified herein shall be cumulative and in addition to all other remedies permitted at law or in equity. 9.5 No Termination For Breach; Survival. Notwithstanding the foregoing to the contrary, no breach hereunder shall entitle any Owner or Walgreen to cancel, rescind, or otherwise terminate this Agreement. No breach hereunder shall defeat or render invalid the lien of any mortgage or deed of trust upon any Parcel made in good faith for value, but the easements, covenants, conditions and restrictions hereof shall be binding upon and effective against any Owner of such Parcel covered hereby whose title thereto is acquired by foreclosure, trustee's sale, or otherwise. As to any Owner, the indemnities and covenants set forth in this Agreement shall survive the assignment, termination, release of expiration of this Agreement, but only as to the acts or omissions of the parties prior to the assignment, termination, release or expiration of this Agreement and shall be the binding obligation of the parties, their successors and assigns from time to time as may be applicable. As to Walgreen, the obligations under paragraph 2.2 of this Agreement shall survive the assignment, termination, release or expiration of the Walgreen Lease, but only as to obligations that arise during the term of the Walgreen Lease prior to the assignment, tennination, release or expiration of the Walgreen Lease and shall be the binding obligation of Walgreen, its successors and assigns from time to time as may be applicable. 9.6 Irreparable Harm. In the event of a violation or threat thereof of any of the provisions of paragraphs 2 and/or 5 of this Agreement, each Owner and Walgreen agrees that such violation or threat thereof shall cause the nondefaulting Owner and/or Walgreen and /or any Permittees to suffer irreparable harm and such nondefaulting Owner and /or Walgreen and any Permittees shall have no adequate remedy at law. As a result, in the event of a violation or threat thereof of any of the provisions of paragraphs 2 and /or 5 of this Agreement, the nondefaulting Owner and Walgreen (during the continuance of the Walgreen Lease or in the event Walgreen becomes the Owner of Lot 1), in addition to all remedies available at law or otherwise under this Agreement, shall be entitled to injunctive or other equitable relief to enjoin a violation or threat thereof of paragraphs 2 and/or 5 of this Agreement. 10. Term. Except as expressly provided to the contrary in this Agreement, the easements, covenants, conditions and restrictions contained in this Agreement shall be effective commencing on the date of recordation of this Agreement in the Office of the County Recorder of McLeod County, Minnesota, and shall remain in full force and effect thereafter in perpetuity, 14 unless this Agreement is modified, amended, canceled or terminated by the written consent of all then record Owners of the Parcels. 11. Miscellaneous. 11.1 Attorneys' Fees. In the event a party (including, without limitation, Walgreen) institutes any legal action or proceeding for the enforcement of any right or obligation herein contained, the prevailing party after a final adjudication (including, without limitation, appeals) shall be entitled to recover its costs and reasonable attorneys' fees incurred in the preparation and prosecution of such action or proceeding, except that the City's obligation with respect to such recovery shall be subject to Minn. Stat. § 466.04, as amended from time to time, or any successor statute thereto, to the extent applicable. 11.2 Amendment. (a) The parties agree that the provisions of this Agreement may be modified or amended, in whole or in part, or terminated, only by the written consent of all record Owners of the Parcels, evidenced by a document that has been fully executed and acknowledged by all such record Owners and recorded in the official records of the County Recorder of McLeod County, Minnesota. (b) Notwithstanding subparagraph 11.2(a) above to the contrary, no termination of this Agreement, and no modification or amendment of this Agreement shall be made nor shall the same be effective unless the same has been expressly consented to in writing by Walgreen (during the continuance of the Walgreen Lease). 11.3 Consents. Wherever in this Agreement the consent or approval of an Owner or Walgreen is required, unless otherwise expressly provided herein, such consent or approval shall not be unreasonably withheld, conditioned or delayed. Any request for consent or approval shall: (a) be in writing; (b) specify the paragraph hereof which requires that such notice be given or that such consent or approval be obtained; and (c) be accompanied by such background data as is reasonably necessary to make an informed decision thereon. The consent of an Owner or Walgreen under this Agreement, to be effective, must be given, denied or conditioned expressly and in writing. During the continuance of the Walgreen Lease, any consent by the Owner of Lot 1, to be effective, shall also require the consent of Walgreen, which consent shall not be unreasonably withheld, conditioned or delayed. 11.4 No Waiver. No waiver of any default of any obligation by any party hereto shall be implied from any omission by the other party to take any action with respect to such default. 11.5 No Agency. Nothing in this Agreement shall be deemed or construed by either party or by any third person to create the relationship of principal and agent or of limited or general partners or of joint venturers or of any other association between the parties. 11.6 Covenants to Run with Land. It is intended that each of the easements, covenants, conditions, restrictions, rights and obligations set forth herein shall run with the land and 15 create equitable servitudes in favor of the real property benefited thereby, shall bind every Owner and /or every other person or entity now or hereafter having any fee, leasehold or other interest therein and shall inure to the benefit of the respective parties and their successors, assigns, heirs, and personal representatives. 11.7 Grantee's Acceptance. The grantee of any Parcel or any portion thereof, by acceptance of a deed conveying title thereto or the execution of a contract for the purchase thereof, whether from an original party or from a subsequent owner of such Parcel, shall accept such deed or contract upon and subject to each and all of the easements, covenants, conditions, restrictions and obligations contained herein. By such acceptance, any such grantee shall for himself and his successors, assigns, heirs, and personal representatives, covenant, consent, and agree to and with the other party, to keep, observe, comply with, and perform the obligations and agreements set forth herein with respect to the property so acquired by such grantee. 11.8 Severability. Each provision of this Agreement and the application thereof to the Parcels is hereby declared to be independent of and severable from the remainder of this Agreement. if any provision contained herein shall be held to be invalid or to be unenforceable or not to run with the land, such holding shall not affect the validity or enforceability of the remainder of this Agreement. In the event the validity or enforceability of any provision of this Agreement is held to be dependent upon the existence of a specific legal description, the parties agree to promptly cause such legal description to be prepared. Ownership of more than one of the Parcels by the same person or entity shall not terminate this Agreement nor in any manner affect or impair the validity or enforceability of this Agreement. 11.9 Time of Essence. Time is of the essence of this Agreement. 11.10 Entire Agreement. This Agreement contains the complete understanding and agreement of the parties hereto with respect to all matters referred to herein, and all prior representations, negotiations, and understandings are superseded hereby. 11.11 Notices. Notices or other communication hereunder shall be in writing and shall be sent certified or registered mail, return receipt requested, or by other national overnight courier company, or personal delivery. Notice or other communication shall be deemed given upon receipt or refusal to accept delivery. Each party and Walgreen may change from time to time their respective address for notice hereunder by like notice to the other party and Walgreen. Notice or other communication given by any Owner hereunder to be effective shall also simultaneously be delivered to Walgreen (during the continuance of the Walgreen Lease). The notice addresses of the Owners of the Parcels and Walgreen are as follows: Walgreen: Walgreen Co. Attn: Real Estate Law Department Mail Stop No. 1420 104 Wilmot Rd., 2 "d floor Deerfield, IL, 60015, 16 Re: Store #15635 Lot 1 Owner: James Family Properties, LLLP P.O. Box 778 Excelsior, MN 55331 Attn: Charles Wm. James Lot 2 Owner: James Family Properties, LLLP P.O. Box 778 Excelsior, MN 55331 Attn: Charles Wm. James Bank Parcel Owner: MidCountry Bank 241 Main Street South Hutchinson, MN 55350 Attn: Craig Almquist City Parcel Owner: City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Attn: City Administrator 11. 12 Governinp, Law. The laws of the State of Minnesota shall govern the interpretation, validity, performance, and enforcement of this Agreement. 11.13 Estoppel Certificates. Each Owner and Walgreen, within thirty (30) days of its receipt of a written request from the other Owner(s) or Walgreen, shall from time to time provide the requesting Owner or Walgreen, a certificate binding upon such Owner stating: (a) to the best of its knowledge, whether any party to this Agreement is in default or violation of this Agreement and if so identifying such default or violation; and (b) that this Agreement is in full force and effect and identifying any amendments to the Agreement as of the date of such certificate. 11.14 Bankruptcy. In the event of any bankruptcy affecting any Owner or occupant of any Parcel, the parties agree that this Agreement shall, to the maximum extent permitted by law, be considered an agreement that runs with the land and that is not rejectable, in whole or in part, by the bankrupt person or entity. 11.15 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. Signatures on this Agreement delivered by facsimile or other delivery of a signed copy shall be considered original signatures for purposes of effectiveness of this Agreement, but each party agrees to deliver an original document in recordable form for recording in the Office of the County Recorder of McLeod County, Minnesota. 11.16 Walgreen Obligation . Notwithstanding anything to the contrary contained in this Agreement, except with respect to any obligations under paragraph 2.2 of this Agreement that arise during the term of the Walgreen Lease, and subject to the provisions of the last 17 sentence of paragraph 9.5 of this Agreement: (a) Walgreen shall be obligated under this Agreement only during the term of the Walgreen Lease; (b) in no event shall Walgreen have obligations of any sort under this Agreement prior to the commencement, or after the expiration or earlier termination, of the Walgreen Lease; and (c) Walgreen shall not be obligated to deliver notice of termination of the Walgreen Lease to any of the parties to this Agreement. [SIGNATURE PAGES AND EXHIBITS FOLLOW] kV IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the date first written above. JAMES FAMILY PROPERTIES, LLLP, an Arkansas limited liability limited partnership By: THOMAS F. JAMES PROPERTIES, LLC, an Arkansas limited liability limited company Its: General Partner By: Print Name: Charles Wm Its: Manager STATE OF MINNESOTA ) } ss. COUNTY OF 1 James The foregoing instrument was acknowledged before me this day of , 2013, by Charles Wm. James, the Manager of THOMAS F. JAMES PROPERTIES, LLC, an Arkansas limited liability limited company, the General Partner of JAMES FAMILY PROPERTIES, LLLP, an Arkansas limited liability limited partnership, on behalf of the limited liability limited partnership. Notary Public WALGREEN CO., an Illinois corporation By: Print Name: Its: STATE OF ILLINOIS ) } ss. COUNTY OF I The foregoing instrument was acknowledged before me this ` 2013, by , the WALGREEN CO., an Illinois corporation, on behalf of the corporation. Notary Public 19 day of of CITY OF HUTCHINSON, a Minnesota municipal corporation Its: STATE OF MINNESOTA ) ss. COUNTY OF 1 Print Name: The foregoing instrument was acknowledged before me this day of , 2013, by , the of the CITY OF HUTCHINSON, a Minnesota municipal corporation, on behalf of the corporation. Notary Public MIDCOUNTRY BANK, a federal savings bank By: Print Name: Its: STATE OF ) ss. COUNTY OF 1 The foregoing instrument was acknowledged before me this _ 2013, by , the MIDCOUNTRY BANK, a federal savings bank, on behalf of the bank. Notary Public Kill day of of SCHEDULE 1 Legal Description of Lot 1 Lot 1, Block 1, WALGREENS ADDITION, according to the recorded plat thereof, McLeod County, Minnesota. 21 SCHEDULE 2 Legal Description of Lot 2 Lot 2, Block 1, WALGREENS ADDITION, according to the recorded plat thereof, McLeod County, Minnesota. 22 EXHIBIT A Site Plan (Attached) 23 NORTH PROPOSED EASEMENTS (11-91 SKETC11 AND DESCRIPTIONS GP.4pm sc= - 10 F=9 -CllenF- Anthony 0xborough 55350 EXHIBIT B Legal Description of Bank Parcel The North 100.00 feet of Lot 1, Block 1, First Addition to South Side Terrace, Hutchinson, Minnesota, according to the recorded plat thereof as measured at right angles to the North line of said Lot 1. W EXHIBIT C Legal Description of City Parcel Lots One (1) and Two (2) in Block One (1) in CEDAR ACRES SUBDIVISION, according to the plat thereof on file and of record in the office of the Registrar of Titles, McLeod County, Minnesota. 26 EXHIBIT D Diagram Showing the Bank Parcel Access Easement Area, the Lot 2 Access Easement Area, the City Parcel Access Easement Area, and the City Parcel Utility Easement Area (Attached) 27 NORTH ✓.1 PROPOSED EASEMENTS [b), (c), (d & H SKETCN AND DESCRIPTIONS BEJfL'JIBUBB cw.rAW x,u r '� r fADNIED EAIENENT DEscarTIONS t•.cm.t 4rn L.nnR li y.nwr Nnt .w.A.� h+r..fLw.. tr•n.m lrittrt KLn i. Naps R'.L9SLVf4«'li'Ir •,. � r. ♦rte.. ...+.....1 �.. ... - 1.Yw M.. �Y•.ri�. «r.. w. .r. N.w•.t, +. rl.rsw.I..w �r p.. - Client- Awlhony Oxbotough i I I I; I • . w�:w r 1� � \ r.••.a A�syvw u Srwje. n r N�' ial Land Sun/dym 7 EAST )n, MN SS.'l38 N a � o .•. 1 K b fADNIED EAIENENT DEscarTIONS t•.cm.t 4rn L.nnR li y.nwr Nnt .w.A.� h+r..fLw.. tr•n.m lrittrt KLn i. Naps R'.L9SLVf4«'li'Ir •,. � r. ♦rte.. ...+.....1 �.. ... - 1.Yw M.. �Y•.ri�. «r.. w. .r. N.w•.t, +. rl.rsw.I..w �r p.. - Client- Awlhony Oxbotough i I I I; I • . w�:w r 1� � \ r.••.a A�syvw u Srwje. n r N�' ial Land Sun/dym 7 EAST )n, MN SS.'l38 N EXHIBIT E Legal Description of Bank Parcel Access Easement Area That part of the South 16.00 feet of the North 100.00 feet of Lot 1, Block 1, FIRST ADDITION TO SOUTH SIDE TERRACE, according to the record plat thereof, lying east of the following described line: Commencing at the northwest corner of said Lot 1; thence South 69 degrees 16 minutes 20 seconds East, along the north line of said Lot 1, a distance of 110.00 feet to a point herein after referred to as point A; thence North 79 degrees 53 minutes 06 seconds East, along the north line of said Lot 1, a distance of 198.15 feet; thence East, along the north line of said Lot 1, a distance of 243.52 feet to the Westerly right -of -way of Echo Drive (also the east line of said Lot 1); thence South, along last described line 100.00 feet to the south line of said North 100.00 feet; thence West, along last described south line 234.86 feet; thence South 79 degrees 53 minutes 00 seconds West, along said south line 216.88 feet to the point of beginning of the line to be described; thence in a northerly direction, along a straight line to said point A and said line there terminating. WE EXHIBIT F Legal Description of City Parcel Access Easement Area and City Parcel Utility Easement Area That part of Lot 1, Block 1, CEDAR ACRES SUBDIVISION, according to the record plat thereof, described as follows: Commencing at the northwest corner of said Lot 1; thence southerly, along the west line of said Lot 1, a distance of 39.44 feet; thence easterly, deflecting to the left 89 degrees 59 minutes 57 seconds 21198 feet; thence northerly, deflecting to the left 89 degrees 06 minutes 10 seconds 36.65 feet to the north line of said Lot 1 and to the point of beginning of the easement to be described; thence southerly, deflecting to the right 180 degrees 00 minutes 00 seconds 30.00 feet; thence easterly, deflecting to the left 91 degrees 47 minutes 59 seconds 305.43 feet; thence southeasterly deflecting to the right 8 degrees 47 minutes 35 seconds 31.87 feet; thence easterly deflecting to the left 7 degrees 08 minutes 12 seconds 52.65 feet to the east line of said Lot 1; thence northerly, along said east line a distance of 25.00 feet to the northeast corner of said Lot 1; thence westerly, along the north line of said Lot 1 to the point of beginning. 30 EXHIBIT G Diagram Showing the Bank Parcel Utility Easement Area (Attached) 31 PROPOSED NORTH ■melliffiIIIIIIIIII CFA fOC SCAU asavor A NAW IM CAW- 1- LEGEND -for- Anthony Oxborough EASEMENT 101 SMN AND DESCRIPTION -part of Lot 1, Block 1, FIRST ADDITION TO SOUTH SIDE TERRACE I ll ­rp- ... > 13 w. .. uj. 55350 EXHIBIT H Legal Description of Bank Parcel Utility Easement Area That part of the North 100.00 feet of Lot 1, Block 1, FIRST ADDITION TO SOUTH SIDE TERRACE, according to the record plat thereof described as follows: Commencing at the point of intersection of the east line of said Lot 1 and the south line of said North 100.00 feet, said point is also the northeast corner of WALGREEN ADDITION, according to the record plat thereof; thence on an assumed bearing of North 89 degrees 35 minutes 54 seconds West, along said south line and the north line of said WALGREENS ADDITION 234.86 feet; thence South 80 degrees 17 minutes 12 seconds West, along last described line 160.18 feet to the point of beginning of the easement to be described; thence continuing South 80 degrees 17 minutes 12 seconds West, along last described line 56.70 feet; thence North 69 degrees 09 minutes 58 seconds West, along last described line 52.00 feet; thence North 56 degrees 53 minutes 50 seconds East 11.08 feet; thence North 34 degrees 21 minutes 05 seconds West 110.11 feet to the west line of said Lot 1, FIRST ADDITION TO SOUTH SIDE TERRACE; thence northeasterly along said west line 17.31 feet, along a non - tangential curve concave to the southeast, said curve has a radius of 895.06 feet, a central angle of 01 degrees 06 minutes 28 seconds, and the chord of said curve bears North 19 degrees 38 minutes 54 seconds East; thence South 34 degrees 21 minutes 05 seconds East, not tangent to last described curve, 89.00 feet; thence North 89 degrees 34 minutes 29 seconds East 45.00 feet; thence South 00 degrees 25 minutes 31 seconds East 20.00 feet; thence South 89 degrees 34 minutes 29 seconds West 31.55 feet; thence South 34 degrees 21 minutes 05 seconds East 34.25 feet, thence South 89 degrees 33 minutes 20 seconds East 68.38 feet to the point of beginning. 33 EXHIBIT I Legal Description of Lot 2 Access Easement Area That part of Lot 2, Block 1, WALGREENS ADDITION, according to the record plat thereof, lying north of the following described line: Commencing at the northeast corner of said Lot 2; thence Southerly, along the east line of said Lot 2, a distance of 9.00 feet to the point of beginning of the line to be described; thence westerly, parallel to the north line of said Lot 2, a distance of 277.51 feet to the west line of said Lot 2 and said line there terminating. 34 EXHIBIT J Diagram Showing the Temporary Construction Easement Area (Attached) 35 NORTH 0] )b PROPOSED EASEMENT =Q K EVII SKETCH AND DESCRIPTION MGMUG I"fmfjff Bonin" . ... ...... �11-,Vl 71�= 11 Z�ll "X— /'-*F R- RID IL SONS, INP.- Professional Land Surveyors 255 HWY 7 FAST Hutchinson MN 55350 EXHIBIT K Legal Description of Temporary Construction Easement Area That part of the North 100.00 feet of Lot 1, Block 1, FIRST ADDITION TO SOUTH SIDE TERRACE, according to the record plat thereof described as follows: Commencing at the intersection of the east line of said Lot 1 and the south line of said North 100.00 feet; thence on an assumed bearing of North 89 degrees 35 minutes 54 seconds West, along last described south line 234.86 feet; thence South 80 degrees 17 minutes 12 seconds West, along said south line 21.21 feet to the point of beginning of the easement to be described; thence continuing South 80 degrees 17 minutes 12 seconds West, along said south line 195.67 feet; thence North 69 degrees 09 minutes 58 seconds West, along said south line 96.41 feet; thence North 86 degrees 29 minutes 36 seconds East 38.43; thence North 00 degrees 24 minutes 17 seconds East 28.78 feet; thence North 89 degrees 34 minutes 29 seconds East 86.56 feet; thence South 47 degrees 39 minutes 44 seconds East 43.46 feet; thence North 79 degrees 51 minutes 13 seconds East 78.29 feet; thence North 65 degrees 23 minutes 53 seconds East 47.40 feet; thence South 09 degrees 42 minutes 48 seconds East 33.09 feet to the point of beginning. 0208901313001/160006711 37 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Transient Merchant License - Keith Heikes Department: Administration LICENSE SECTION Meeting Date: 7/9/2013 Application Complete Yes Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Keith Heikes of Factory Direct Furniture has submitted a transient merchant license application to hold a furniture tent sale in the Hutchinson Mall parking lot from July 25 - August 4, 2013. Mr. Heikes has conducted the same type of sale in the same location in 2011 and 2012. The Hutchinson Police Department conducted the required background investigation on Mr. Heikes and found no criminal history on him. In addition, there were no documented complaints regarding Mr. Heikes' sale in 2011 or 2012. BOARD ACTION REQUESTED: Approve issuing transient merchant license to Keith Heikes in Hutchinson Mall parking lot from July 25 - August 4, 2013. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: City 2f ,, X4�7 1 i t 1 b—JTI SUCCI Cit.• of Hutchinson APPIACATION FOR 11FDDLERS, SOLKITOWS,AND J Solicitor WIC Ol'AppliVilion DIIIeW of ❑ Pcddier S125.00 yJI S INI r 2" x 2" Piclmv Requjitd ..... ..... . ......... Nnaw: e. F'6 I,vrmjnCn( ICIV11,11W. Addnsi I lasc \Utz bm faw, vrim Or VIL)LItIOZ) nalux. uIlICI 111411 len&c and puW,0imuni or penal-,N alsessed tjjv;vr()r, Cal 1141) Ave o'k%nCr' [lie -)fk.pCrt% It 1101 tht. pr'INJ Mu, Ntull below of ..Akt pfu OVA <!pplivaill ind empltiN.vr 1X-,L: the nature tit jitlalnv-S and dcw6hL henna ovilm.', ltk! 311colod tit 1 -uF; rr.. _ r 1 if IT ';!v I" -cod Coutuy I "q.' ", ";' " , " d' . !: ; ir..,r •r.r ti,r. N, :Idir•r s .ti+ /r. rrr.r[ ,,n. J j r . :m trx, ! F •r: h,r•i,. -1+'. :•y r. r, (rrru. -r 1iutL•, .. , ;,.YP f h. rrpe "Pir. -�.:.- .n•r, },, -. tit:;;rr!.elr€[rtnauailt ( c[infiuuctl) _.. _ !up w thrrt'(.)) nr.ei[•cn f s1.. r Fc ; := hcrc nu Carr i tl „r »,r1sr .Ff'fiti of I tl I L}3t�,'j�` IN li,sit .... t •srll4' i:rt1'j1:�El [�i a1 .t I,f .112.1'; hL':l krl trT[t[•r ft>E - {I1C .1l= ]�r..:IS.. r�. !E, tl+l +Ei ".:.' ri li aa: n fr: r;litl in full (clicct. or moncp [rrilrrl• 'd f �s E np ArFplicalir,F: runirletcd,in fill, :r:,,� ci ^•n.,t �c1 : �•, no i "; .',+ ::'n, 1 t;:,; :• , ., .rh;tO, tilled ctrl the enure aht)vv appticati„li s:E.t ti, :' h. "pl,114.1-norr IN IT11C. tarrmrl. ,€rid w a '11' I hr#lj uncfcF.l yElft lhal ,[ttt prreun tchr3 fiutatcm an} } \rflri�uui u1 tlFi I'ctltlkr. '-Irt lit -T .ind hall oiml rt')cr, hang. or[Itlt.lneu vtI4II•lkr:t Ir} a +.atc IFUI r \if'eailjl St.D [t 1Ht Ut' h� in,IYh[rnnx•111 for :1 per1P[t n;r€ ,ar;cil(ur rill Jn). %It hl +l1 :. tihc.. w Lr€Mrr r.tsc. 'hc iueE} r =( I\luxcutic =a + /,' %r'!f`(+, f` .f .ieyrtrrrtrrf• ... 411 .3 U u ? Fru,. ed 1 i ..! [lrnicd Nulc. Heikes References Gus Wurdell — 20455 248` Circle — Hutchinson, MN 55350 Nate Johnson — 1631 Mahogany Court — Hutchinson, MN 55350 Site Plan TENANTINDEX RUNNINGS 88,842 SF Taco, Bell 2 JCPENNEY 34,W SF Cash Wise 3- JO-MM FABRICS 13,060 SF 6. ENCORE SCHOOL OF DANCE 3.090 SF 12 WOODEN HEARTS 4,336 SF 15. VANITY 2,914 SF Holiday j 21. MAURICES 2 5,3?9 SF 24. BATH A BODYWORKS 3.018 SF JC PENNEY Buffalo 33. AVAILABLE 715 SF A\\ Wild Wings t 36• CHRISTOPHER BAMKS 2,783 SF II 39. AVAILABLE 3.D49 SF V111111111M Z631 SF I' 42. RADIO SHACK 45 7 45, GREAT SALE DISCOVNT 5,997 SF 6= 51. DOWNTOWN CLOTHING 2309 SF 39 bu 1 56. DOLLAR TREE 4,500 SF 2K 3� 57. KID CENTS 2,961 SF JOWNIN --------- ---------- 60. NAME YOUR FRAME 2,202 SF r. FABRICS .'cj 63. CABINET SHOP 1,470 SF 68, GNC 1,766 SF 24) - Kentucky 84, 21-.1 - I - -.90, 72. FINK CHIROPRACTIC 1,378 SF 73, MIDWEST VISION 0 93 Fried 'I tll(l SF 1 74, UNICEL 15 Chicken 622 SF 6 75. AVAILABLE 604 SF 1 Y2� Ta. AVAILABLE 5% SF L81. REGIS 828 SF rAll 83. CLAIRE'S 1.320 SF Runnings—,----7 I mcDonalds 84. FAMILY & COSMETIC DENTISTRY 3,012 SF COMING SOON - NAIL SPA 1,488 SF HUTCHN,SON MALL 93. GLIKS 3.364 SF Hutchinson, 96. HALLMARK 5.515 SF Minnesota 102 BURLEY FIREPLACE A SPA 12% 5F 108. JAKES Pam 2.M SF 9001A. AVAILABLE I SF 136 M 90018. AVAILABLE 170 SF 4/a I Y, Ike CITY OF HUTCHINSON R55CKREG LOG22001VO Council Check Register 7/2/2013 Check Dates 7/2- 7/9/13 Check # Ck Date Amount Vendor/ Explanation Account Description 176449 7/2/2013 500.00 ALBERS, LANCE PROFESSIONAL SERVICES 176450 7/2/2013 500.00 ALBERS, LANCE PROFESSIONAL SERVICES 176451 7/9/2013 824.89 ACE HARDWARE OPERATING SUPPLIES 176452 7/9/2013 99.66 AG SYSTEMS OPERATING SUPPLIES 176453 7/9/2013 140.60 ALPHA WIRELESS COMMUNICATION MAINTENANCE 176454 7/9/2013 90.85 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 176455 7/9/2013 6.54 AMERICAN MESSAGING COMMUNICATIONS 176456 7/9/2013 162.00 AMERICAN RED CROSS OPERATING SUPPLIES 176457 7/9/2013 74.00 AMERICAN WATER WORKS ASSOC. DUES & SUBSCRIPTIONS 176458 7/9/2013 80.47 AMERICINN MISCELLANEOUS 176459 7/9/2013 80.47 AMERICINN MISCELLANEOUS 176460 7/9/2013 73.10 AMERIPRIDE SERVICES CONTRACT REPAIR & MAINTENANCE 176461 7/9/2013 1,450.38 ANDERSON CHEMICAL COMPANY CHEMICALS & PRODUCTS 176462 7/9/2013 4,837.70 ANIMAL MEDICAL CENTER ON CROW ANIMAL ABUSE CASE 176463 7/9/2013 599.44 ARCTIC GLACIER PREMIUM ICE INC COST OF MIX & SOFT DRINKS 176464 7/9/2013 21.50 ARNESON DISTRIBUTING CO COST OF SALES -BEER 176465 7/9/2013 399.91 ARROW TERMINAL LLC EQUIPMENT PARTS 176466 7/9/2013 3,910.00 ARTHUR GALLAGHER RISK PROPERTY INSURANCE 176467 7/9/2013 307.25 ASHWILL INDUSTRIES INC OPERATING SUPPLIES 176468 7/9/2013 150.00 ATOMIC TARP LLC CONTRACT REPAIR & MAINTENANCE 176469 7/9/2013 45.92 AUTO VALUE - GLENCOE EQUIPMENT PARTS 176470 7/9/2013 208.15 B & C PLUMBING & HEATING INC CONTRACT REPAIR & MAINTENANCE 176471 7/9/2013 68.64 BACHMAN'S LANDSCAPE MATERIALS 176472 7/9/2013 32,100.00 BARGEN INC CONTRACT REPAIR & MAINTENANCE 176473 7/9/2013 16,360.12 BEACON BANK TIF PAYMENT 176474 7/9/2013 301.30 BERNICK'S COST OF MIX & SOFT DRINKS 176475 7/9/2013 62.55 BRANDON TIRE CO AUTOMOTIVE REPAIR 176476 7/9/2013 18,317.13 BRAUN INTERTEC CORP PROFESSIONAL SERVICES 176477 7/9/2013 328.56 BUDGET INN & SUITES TRAVEL SCHOOL CONFERENCE 176478 7/9/2013 631.38 BUSHMAN, RAQUEL FOOD PRODUCTS - CONCESSION 176479 7/9/2013 1,709.93 BUSINESSWARE SOLUTIONS CONTRACT REPAIR & MAINTENANCE 176480 7/9/2013 56,537.87 C & L DISTRIBUTING COST OF SALES -BEER 176481 7/9/2013 703.15 CALIFORNIA CONTRACTORS SUPPLIE SAFETY SUPPLIES 176482 7/9/2013 125.00 CARTER, RANDY UNIFORMS & PERSONAL EQUIP 176483 7/9/2013 412.71 CENTRAL HYDRAULICS CENTRAL GARAGE REPAIR 176484 7/9/2013 9.28 CENTRAL MCGOWAN OPERATING SUPPLIES 176485 7/9/2013 36.56 CENTRAL TURF & IRRIGATION SUPP REPAIR & MAINTENANCE SUPPLIES 176486 7/9/2013 17.96 CHRISTENSEN, MRS. D. ACCOUNTS PAYABLE MANUAL 176487 7/9/2013 8,966.81 CLARKE MOSQUITO CONTROL PRODUC OTHER CONTRACTUAL 176488 7/9/2013 59.12 CLEAN CUT LAWN CARE OTHER CONTRACTUAL 176489 7/9/2013 128.25 CMK SERVICES LLC OTHER CONTRACTUAL 176490 7/9/2013 5,870.00 COMMERCIAL ASPHALT REPAIR LLC CONTRACT REPAIR & MAINTENANCE 176491 7/9/2013 232.92 CONTINENTAL RESEARCH CORP CLEANING SUPPLIES 176492 7/9/2013 2,007.26 CORPORATE MECHANICAL BUILDING REPAIRS 176493 7/9/2013 88.83 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR 176494 7/9/2013 1,578.55 CROW RIVER PRESS INC PRINTING & PUBLISHING 176495 7/9/2013 2,094.99 CURTIS 1000 INC- MN PRINTING & PUBLISHING 176496 7/9/2013 8,543.15 DAY DISTRIBUTING COST OF SALES -BEER 176497 7/9/2013 1,197.71 DOOLEY'S PETROLEUM INC RECEIVED NOT VOUCHERED 176498 7/9/2013 760.62 DROP -N -GO SHIPPING, INC PRINTING & PUBLISHING 176499 7/9/2013 10,766.54 DUININCK INC IMPROV OTHER THAN BLDGS 176500 7/9/2013 37.38 DUNDEE MISCELLANEOUS 176501 7/9/2013 163.41 DYNA SYSTEMS REPAIR & MAINTENANCE SUPPLIES 176502 7/9/2013 11,667.71 EARTHLY DELIGHTS, LTD. TIF PAYMENT 176503 7/9/2013 17.35 ECONO FOODS OPERATING SUPPLIES 176504 7/9/2013 1,713.50 ELECTRO WATCHMAN CONTRACT REPAIR & MAINTENANCE 176505 7/9/2013 2,664.63 ENGINEERING AMERICA, INC. EQUIPMENT PARTS 176506 7/9/2013 1,007.83 ESS BROTHERS & SONS REPAIR & MAINTENANCE SUPPLIES 176507 7/9/2013 729.00 FARMINGTON VETERINARY CLINIC REFUNDS & REIMBURSEMENTS 176508 7/9/2013 680.94 FASTENAL COMPANY RECEIVED NOT VOUCHERED 176509 7/9/2013 168.40 FIRST CHOICE FOOD & BEVERAGE S OPERATING SUPPLIES 176510 7/9/2013 132.79 FRANKLIN PRINTING INC OFFICE SUPPLIES 176511 7/9/2013 421,388.50 FRATTALONE COMPANIES IMPROV OTHER THAN BLDGS 176512 7/9/2013 112.69 G & K SERVICES OPERATING SUPPLIES 176513 7/9/2013 38.00 GERMAN, NICOLE RECREATION ACTIVITY FEES 176514 7/9/2013 125.00 GOVERNMENT TRAINING SERVICES ( TRAVEL SCHOOL CONFERENCE 176515 7/9/2013 386.43 GRAINGER REPAIR & MAINTENANCE SUPPLIES 176516 7/9/2013 567.90 H.A. R.T. ACCRUED DEFERRED COMP 176517 7/9/2013 12,450.91 HACH COMPANY CONTRACT REPAIR & MAINTENANCE 176518 7/9/2013 890.00 HANSON & VASEK CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 176519 7/9/2013 1,207.69 HAUGEN, AMBER EDA GRANT 176520 7/9/2013 1,373.25 HAWKINS INC CHEMICALS & PRODUCTS 176521 7/9/2013 108.32 HD SUPPLY WATERWORKS LTD METERS & METER PARTS 176522 7/9/2013 416.41 HENRYS FOODS INC FOOD PRODUCTS - CONCESSION 176523 7/9/2013 30.00 HILL, CHARLES TREE APPLICATION /PERMITS 176524 7/9/2013 572.67 HILLYARD / HUTCHINSON OPERATING SUPPLIES 176525 7/9/2013 2,519.87 HJERPE CONTRACTING IMPROV OTHER THAN BLDGS 176526 7/9/2013 2,710.75 HJERPE CONTRACTING IMPROV OTHER THAN BLDGS 176527 7/9/2013 495.00 HOLT PETERSON CHARTER BUS OTHER CONTRACTUAL 176528 7/9/2013 85.00 HOMETOWN SPORTS UNIFORMS & PERSONAL EQUIP 176529 7/9/2013 1,457.00 HUTCHINSON AREA HEALTH CARE COMMON AREA MAINTENANCE 176530 7/9/2013 343.10 HUTCHINSON CO -OP LANDSCAPE MATERIALS 176531 7/9/2013 1,320.00 HUTCHINSON SENIOR ADVISORY BOA OTHER CONTRACTUAL 176532 7/9/2013 703.98 HUTCHINSON WHOLESALE EQUIPMENT PARTS 176533 7/9/2013 4,000.00 HUTCHINSON, CITY OF ATM REPLENISH 176534 7/9/2013 992.00 ICMA DUES & SUBSCRIPTIONS 176535 7/9/2013 403.78 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 176536 7/9/2013 162.56 INTOXIMETERS INC OPERATING SUPPLIES 176537 7/9/2013 20,412.03 JEFF MEEHAN SALES INC. ACCRUED COMMISSIONS PAYABLE 176538 7/9/2013 687.35 JEFF'S ELECTRIC CONTRACT REPAIR & MAINTENANCE 176539 7/9/2013 105.50 JJ TAYLOR DIST OF MN COST OF SALES -BEER 176540 7/9/2013 734.23 JOES SPORT SHOP OPERATING SUPPLIES 176541 7/9/2013 20,476.78 JOHNSON BROTHERS LIQUOR CO. COST OF SALES - LIQUOR 176542 7/9/2013 34.00 JONES, ANGELA RECREATION ACTIVITY FEES 176543 7/9/2013 1,256.52 JORDAN VETERINARY CLINIC ANIMALABUSE CASE 176544 7/9/2013 400.00 KDUZ KARP RADIO OPERATING SUPPLIES 176545 7/9/2013 41.42 KLOSS, TOM COMMUNICATIONS 176546 7/9/2013 6,783.00 KOHLS SWEEPING SERVICE CONTRACT REPAIR & MAINTENANCE 176547 7/9/2013 938.90 L & P SUPPLY CO REPAIR & MAINTENANCE SUPPLIES 176548 7/9/2013 85.00 LANDSCAPE CONCEPTS, INC CONTRACT REPAIR & MAINTENANCE 176549 7/9/2013 31.99 LARSON, QUENTIN UNIFORMS & PERSONAL EQUIP 176550 7/9/2013 2,000.00 LAUER &, TAMMY EDA GRANT 176551 7/9/2013 80.00 LENT, BECKY CIVIC ARENA -FEES & RENTS 176552 7/9/2013 114.99 LEVINE, ERIC UNIFORMS & PERSONAL EQUIP 176553 7/9/2013 282.00 LEXISNEXIS OTHER CONTRACTUAL 176554 7/9/2013 788.38 LIFE INSURANCE COMPANY OF AMER ACCRUED LIFE INSURANCE 176555 7/9/2013 28,423.83 LOCHER BROTHERS INC COST OF SALES -BEER 176556 7/9/2013 17,669.00 LOGIS OTHER CONTRACTUAL 176557 7/9/2013 354.58 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED 176558 7/9/2013 816.56 MACQUEEN EQUIP INC CENTRAL GARAGE REPAIR 176559 7/9/2013 35.43 MAGNUSSON, BRIAN TRAVEL SCHOOL CONFERENCE 176560 7/9/2013 408.10 MANEY INTERNATIONAL INC CENTRAL GARAGE REPAIR 176561 7/9/2013 200.00 MCLEOD COUNTY COURT ADMINISTRA OTHER REVENUES 176562 7/9/2013 45.17 MCLEOD COUNTY RECORDER - SEPAR MISCELLANEOUS 176563 7/9/2013 46.00 MCLEOD COUNTY RECORDER - SEPAR MISCELLANEOUS 176564 7/9/2013 64.40 MCRAITH, JOHN OPERATING SUPPLIES 176565 7/9/2013 597.03 MENARDS HUTCHINSON OPERATING SUPPLIES 176566 7/9/2013 2,075.94 METRO FIRE SMALL TOOLS 176567 7/9/2013 506.15 MICROBIOLOGICS, INC CHEMICALS & PRODUCTS 176568 7/9/2013 176.78 MIDCOUNTRY BANK PROFESSIONAL SERVICES 176569 7/9/2013 83.62 MILLER, LEE CAR ALLOWANCE - TRAVEL 176570 7/9/2013 546.00 MINNESOTA PUBLIC EMPLOYEES AS ACCRUED UNION DUES 176571 7/9/2013 473.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL 176572 7/9/2013 3,225.00 MMBA DUES & SUBSCRIPTIONS 176573 7/9/2013 2,844.67 MMC CONTRACT REPAIR & MAINTENANCE 176574 7/9/2013 3,550.00 MN DEPT OF NATURAL RESOURCES OTHER CONTRACTUAL 176575 7/9/2013 80.16 MODERN TOWING PROFESSIONAL SERVICES 176576 7/9/2013 25.00 MOXIE MEDIA PRINTING & PUBLISHING 176577 7/9/2013 304.62 M -R SIGN SIGNS & STRIPPING MATERIALS 176578 7/9/2013 179.45 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES 176579 7/9/2013 166.19 NORTHERN BUSINESS PRODUCTS OPERATING SUPPLIES 176580 7/9/2013 4,257.85 NU- TELECOM COMMUNICATIONS 176581 7/9/2013 99.53 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 176582 7/9/2013 365.40 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR 176583 7/9/2013 1,173.50 PAUSTIS & SONS WINE CO COST OF SALES -WINE 176584 7/9/2013 85.15 PHILIPS HEALTHCARE OPERATING SUPPLIES 176585 7/9/2013 31,136.29 PHILLIPS WINE & SPIRITS COST OF SALES -WINE 176586 7/9/2013 25,914.45 PIER GENIUS INC FISHING PIER 176587 7/9/2013 533.12 PINE VALLEY ECO PRODUCTS REPAIR & MAINTENANCE SUPPLIES 176588 7/9/2013 37.11 POSITIVE ID INC MISCELLANEOUS 176589 7/9/2013 1,500.00 POSTMASTER POSTAGE 176590 7/9/2013 5,000.00 PRELLWITZ, KATHERINE & ANTHONY EDA GRANT 176591 7/9/2013 19,640.00 PRELLWITZ, KATHERINE & ANTHONY EDA LOAN 176592 7/9/2013 12,607.00 PRINCE OF PEACE SENIOR APT INC TIF PAYMENT 176593 7/9/2013 1,512.28 PRO CARE SERVICES INC CONTRACT REPAIR & MAINTENANCE 176594 7/9/2013 18.96 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 176595 7/9/2013 27.68 QUADE ELECTRIC OPERATING SUPPLIES 176596 7/9/2013 91.08 QUILL CORP RECEIVED NOT VOUCHERED 176597 7/9/2013 110,385.23 R & R EXCAVATING IMPROV OTHER THAN BLDGS 176598 7/9/2013 1,765.10 R.J.L. TRANSFER FREIGHT 176599 7/9/2013 61.56 RAININ INSTRUMENT, LLC OPERATING SUPPLIES 176600 7/9/2013 2,567.00 RDO EQUIPMENT CO. EQUIPMENT PARTS 176601 7/9/2013 231.99 RECREONICS OPERATING SUPPLIES 176602 7/9/2013 17,528.40 REINER ENTERPRISES, INC FREIGHT - IN 176603 7/9/2013 53.80 REMAX TODAY'S REALTY OVERPAYMENT 176604 7/9/2013 529.32 RICHARD LARSON CONTRACT REPAIR & MAINTENANCE 176605 7/9/2013 10.50 ROSS, JON MISCELLANEOUS 176606 7/9/2013 315.36 ROYALTIRE TIRES 176607 7/9/2013 1,731.62 SAM'S CLUB FOOD PRODUCTS - CONCESSION 176608 7/9/2013 3,357.08 SAM'S TIRE SERVICE TIRES 176609 7/9/2013 200.00 SCHAUFLER, KEN RENTS - BLDGS OTHER 176610 7/9/2013 1,169.75 SCHMELING OIL CO MOTOR FUELS & LUBRICANTS 176611 7/9/2013 44,851.52 SCHOOL DIST # 423 ACTIVITY FEES 176612 7/9/2013 300.00 SCOTT'S WINDOW CLEANING SERVIC CONTRACT REPAIR & MAINTENANCE 176613 7/9/2013 287.77 SEBORA, MARC TRAVEL SCHOOL CONFERENCE 176614 7/9/2013 75.00 SEH PROFESSIONAL SERVICES 176615 7/9/2013 5.00 SERVATY, KATHY OTHER REVENUES 176616 7/9/2013 8,702.52 SIMPLE BENEFIT PLAN ADM LLC CLAIMS - DENTAL 176617 7/9/2013 5,000.00 SKYVIEW DAIRY INC PREPAID EXPENSES 176618 7/9/2013 218.79 SORENSEN'S SALES & RENTALS EQUIPMENT PARTS 176619 7/9/2013 16,436.40 SOUTHERN WINE & SPIRITS OF MN COST OF SALES - LIQUOR 176620 7/9/2013 2,402.31 SPRINT COMMUNICATIONS 176621 7/9/2013 77.10 ST PAUL STAMP WORKS PRINTING & PUBLISHING 176622 7/9/2013 305.00 STAMER, JEFF CONDITIONAL USE PERMITS 176623 7/9/2013 16.03 STANDARD PRINTING OFFICE SUPPLIES 176624 7/9/2013 563.14 STAPLES ADVANTAGE COPY SUPPLIES & PAPER 176625 7/9/2013 224.90 STAR TRIBUNE DUES & SUBSCRIPTIONS 176626 7/9/2013 4,247.50 STREICH TRUCKING FREIGHT 176627 7/9/2013 12.76 STURGES, MATT TRAVEL SCHOOL CONFERENCE 176628 7/9/2013 25.00 TAPS -LYLE SCHROEDER PROFESSIONAL SERVICES 176629 7/9/2013 146.02 TARGET BANK OPERATING SUPPLIES 176630 7/9/2013 1,363.24 TESSMAN COMPANY OPERATING SUPPLIES 176631 7/9/2013 760.26 THOMSON REUTERS -WEST OPERATING SUPPLIES 176632 7/9/2013 101,037.01 TITAN MACHINERY LOADER 176633 7/9/2013 8.00 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 176634 7/9/2013 12,112.09 TRAFFIC MARKING SERVICE INC CONTRACT REPAIR & MAINTENANCE 176635 7/9/2013 416.87 UNITED LABORATORIES CLEANING SUPPLIES 176636 7/9/2013 11,951.94 UNITED PACKAGING & DESIGN BAG FILM 176637 7/9/2013 901.57 USPS - HASLER POSTAGE 176638 7/9/2013 1,400.00 VACTOR MANUFACTURING TRAVEL SCHOOL CONFERENCE 176639 7/9/2013 27,564.10 VIKING BEER COST OF SALES -BEER 176640 7/9/2013 733.15 VIKING COCA COLA COST OF MIX & SOFT DRINKS 176641 7/9/2013 1,234.41 VIKING SIGN & GRAPHICS INC OPERATING SUPPLIES 176642 7/9/2013 287.25 VINOCOPIA INC COST OF SALES - LIQUOR 176643 7/9/2013 900.00 VIVID IMAGE PRINTING & PUBLISHING 176644 7/9/2013 10,000.00 VOLKOV, ELENA EDA GRANT 176645 7/9/2013 92.93 WAL -MART COMMUNITY OPERATING SUPPLIES 176646 7/9/2013 51.96 WALSH, JEFF OVERPAYMENT 176647 7/9/2013 113.00 WATER ENVIRONMENT FEDERATION DUES & SUBSCRIPTIONS 176648 7/9/2013 484.00 WESTAFER ENTERPRISES 176649 7/9/2013 141.79 WINE MERCHANTS INC 176650 7/9/2013 27,579.37 WIRTZ BEVERAGE MINNESOTA 176651 7/9/2013 668.75 WM MUELLER & SONS 176652 7/9/2013 13,678.20 WM MUELLER & SONS - SEPARATE C 176653 7/9/2013 6,826.28 WORK CONNECTION, THE 176654 7/9/2013 200.00 WRIGHT COUNTY COURT ADMIN 1,324,881.28 Grand Total Payment Instrument Totals Check Tota 1 1,324,881.28 Total Paym( 1,324,881.28 SALES COMMISSIONS COST OF SALES -WINE COST OF SALES - LIQUOR STREET MAINT.MATERIALS CONTRACT REPAIR & MAINTENANCE OTHER CONTRACTUAL OTHER REVENUES PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 06/28/2013 Period Ending Date: 06/22/2013 $64,933.38 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $12,313.56 MN Department of Revenue State Withholding Tax $40,378.16 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,291.23 TASC Employee Flex Spending Deductions $10,986.99 TASC Employee Contributions to Heath Savings Account Employer Contributions to Heath Savings Account $525.00 MNDCP Employee Contributions - Deferred Comp $1,340.00 ING Employee Contributions - Deferred Comp $1,280.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $417.96 MN Child Support System Employee Deductions $0.00 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $134,466.28 Total Electronic Funds Transfer HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Assessment Hearing for 2013 Pavement Management Program (L3/P13 -03) Department: PW /Eng LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: City staff has worked closely with the project contractor to develop a Change Order (previously approved) to adequately address Milwaukee Ave. SW and Miller Ave. SW within this letting utilizing the original bid unit prices. City staff will provide a brief overview of the project scope, bids and associated special assessments prior to opening the public communication portion of the Assessment Hearing. City staff has had communications with adjacent property owners as this project was developed. Please note that the proposed special assessment will be $18 per lineal foot of street frontage similar to the base bid roadways. The final Assessment Roll and necessary Resolutions are attached to this memorandum. We recommend approving the attached Assessment Roll and Resolutions. BOARD ACTION REQUESTED: Approval of Assessment Roll & Resolutions Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 93,680.00 Total City Cost: $ 87,335.00 Funding Source: Bonding Remaining Cost: $ 6,345.00 Funding Source: Special Assessments RESOLUTION NO. 14168 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5107 LETTING NO. 3 /PROJECT NO. 13 -03 WHEREAS, pursuant to resolution and notice of hearing the Council has met and reviewed the proposed assessment for improvement of: Milwaukee Avenue SW (Lynn to TH 15) and Miller Avenue SW (Lynn to TH 15) by roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such proposed assessment, a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall constitute the special assessment against the lands named therein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2014 and shall bear interest at the rate of _ percent per annum as set down by the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from November 1, 2013, until the 31st day of December 2014. To each subsequent installment when due, interest shall be added for one year on all unpaid installments. 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 Finance Department, except that no interest shall be charged if the entire assessment is paid by the 15th day of November, 2013; and he may, at any time thereafter, pay to the City Finance Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31 st day of December, 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 next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 9th day of July 2013. Mayor City Administrator COMPILED BY: P VANDER VEEN ASSESSMENT ROLL NO. 5107 LETTING NO. 3 1PROJECT NO. 13 -03 Milwaukee Ave SW (Lynn Rd to TH 15) & Miller Ave SW (Lynn Rd to TH 15) roadway overlay /rehabilitation surface milling /removal, grading, concrete curb and gutter, bituminous base, bituminous surfacing, restoration and appurtenances COST PER FRONT FOOT: COMPUTED BY: PVANDER VEEN $18.00 STREETCOST /FF CHECKED BY: K EXNER NUMBER OF YEARS 10 INTEREST RATE: 1STHEARING 06/11/2013 ADOPTED: 0710912013 2ND HEARING 07/09/2013 00 CITY PID NO. COUNTY PID NO. PROPERTY ADDRESS OWNERNAME OWNER ADDREBS LEO&DESCRIPTION ADDITION OR SUBDIVISION FF CREDIT FF TOTAL FEET STREET ASSESSMENT TOTAL ASSESSMENT 1 06116 29 12 0610 231450120 218 MILWAU KEE AVE SW LEVITOSMONDSON 6438 CRAFFORD AVE NORE OLK VA 23518 W62' OF LOT 1 & W62' OF N 1/2 OF LOT 2, BLOCK 8, BONN IWELLS SECONDADDITION 62 0 62 $1,116.00 $1,116.00 2 06116 29 12 0620 121450110 606 GLEN ST SW RUSSELL V &LERICKSON 606 GLEN ST SW HUTCHINSON MN 55350 LOT1 U M2' &N19OF LDT2 a W62, BLOCK e, BONNIWEUSS6mxD ADDITION 66.5 0 66.5 $1,197.00 $1,197.00 3 06116 29 12 1110 231450710 430 MILLER AVE SW LAWRENCE & MARIAN KREBS 430 MILLER AVE SW HUTCHINSON MN 55350 56 0 56 $1,008.00 $1,008.00 4.06 116 29 12 1' 231450720 418 MILLER AVE SW TONY E BENTON 418 MILLER AVE SW HUTCHINSON MN 55350 56 0 56 $1,008.00 $1,008.00 5 0611629121130 231450730 430 MILLER AVE SW ERIC DSHAFER 430 MILLER AVE SW LITCHFIELD MN 55355 56 0 56 $1,008.00 $1,008.00 60611629121140 231450740 705 LYNN RD SW MICHELE MARIE MONAHAN -RENO 1705 LYNN RD SW HUTCHINSON MN 55350 56 0 56 $1,008.00 $1,008.00 TOTAL ASSESSMENT ROLL NO. 5107 352.50 1 0.001 352.50 $6,345.00 $6,345.00 GWSSESSMENT ROLLSIROLL.W013ISA5107- OP13-032013 P— MBrnt - CON 2- MiKVaukNB &MftM -23- ASSESSMENT ROLL AR-5107 L3P13-03- PWN1&1 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Resolution No. 14170 Amending Section 14 of the City Personnel Policy Department: Administration LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Brenda Ewing Agenda Item Type: Presenter: Brenda Ewing Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: On May 24, 2013, Governor Dayton signed into law changes to Minnesota Statutes 2012, section 181.9413. Effective August 1, 2013, the new law expands the current legal requirement to allow the use of accrued personal sick leave benefits for an absence due to illness or injury to an employee's child to other relatives. Specifically, the law now applies to adult children, spouses, siblings, parents, grandparents as well as stepparents. The new law is effective August 1, 2013, and applies to sick leave used on or after that date. Prior to August 1, 2013, Minn. Stat. §181.9413 required that if a city provides sick leave to employees, then the city must also allow employees to use sick leave to care for their children on the same basis as the employee, as our policy currently does. Effective August 1, 2013, the law has been expanded to include other relatives, as defined above, but for these relatives, it is limited to no less than 160 hours in any 12 -month period. The 160 hour limit does not apply to the employee's children - stepchild, biological or foster child, either under 18 or under 20 if still attending secondary school. The staff policy recommendation is to comply with the minimum requirement of the statute and establish a 160 hour limit for the expanded list of relatives. The proposed amendment to City Policy also clarifies that the 12 -month period is a "rolling" period. When a request for sick leave under this provision is requested, Human Resources will do a "look back" over the preceding 12 -month period to determine if the employee is eligible for the sick leave use requested. To be eligible for the sick leave use noted, the employee must have already accrued the sick leave on or before the date the leave is requested. In addition, the City, per current policy may require the employee to submit a medical certificate to justify or support any sick leave use, including the use allowed by this law change. BOARD ACTION REQUESTED: Consideration and approval of Resolution No. 14170 Amending Section 14 of the City of Hutchinson Employee Handbook - Personnel Policy effective August 1, 2013 Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14170 A RESOLUTION AMENDING SECTION 14 OF THE CITY OF HUTCHINSON EMPLOYEE HANDBOOK — PERSONNEL POLICY THE HUTCHINSON CITY COUNCIL HERBY AMENDS SECTION 14 OF THE PERSONNEL POLICY EFFECTIVE AUGUST 1, 2013, TO REFLECT NECESSARY CHANGES: SECTION 14 SICK LEAVE Sick leave may be granted only for absence from duty because of the following: 1. personal illness 2. for the illness of a dependent child on the same terms the employee is able to use sick leave benefits for the employee's own illness, including appointments for necessary medical, dental or eye care, and legal quarantine 3. for absences due to an illness of or iniury to the employee's adult child, spouse, siblin_p, parent, _-ggrandparent, or stepparent. Sick leave use under this provision is limited to a maximum of 160 hours in any 12 -month period. To determine whether an employee has any sick leave use remainin_-g, Human Resources will review the use of leave over the preceding 12 months. 4. to care for a spouse or parent with a serious illness as covered by and defined by The Family Medical Leave Act 4 5. brief emergency situation (not to exceed one day) in the immediate family 6. up to forty (40) hours of sick leave to substitute for unpaid maternity /paternity leave as allowed by Parental Leave under Minnesota law or the Family Medical Leave Act Requests for sick leave consideration in case of other emergency situations may be brought to the City Administrator in writing, with the right of appeal to the City council. In addition, a maximum of five days sick leave may be allowed when necessary in the case of death in the legally recognized immediate family. Immediate family is defined as husband, wife, son, stepson, son -in -law, daughter, stepdaughter, daughter -in -law, grandchild, father, mother, sister, brother, father -in -law, mother -in -law, grandfather or grandmother. Sick leave shall be granted to all probationary, regular full time and regular part time employees. For regular part time employees, sick leave shall accrue on a pro -rata basis commencing after an established work schedule of twelve months has determined eligibility for this benefit. For full time employees, it shall be granted according to the following schedule: Sick leave shall accrue at eight hours per month, up to a maximum of 720 hours. After the accumulation of 720 hours, a payback of one -third of the amount over 720 hours will be made annually on or about February 1. No further payment will be made on termination of employment. 2 On retirement or upon death before retirement, a payback of one -third of the amount over 240 hours will be made. To be eligible for sick leave with pay, an employee shall report as soon as possible to the department head the reason for the absence and keep the department head informed of the condition. An employee may be required to submit a medical certificate for any sick leave, at the discretion of the department head or City Administrator. Sick leave is a privilege, not a right. Using or claiming sick leave for a purpose not authorized in this section may be cause for disciplinary action including transfer, demotion, suspension, or dismissal. For the purpose of accumulating additional vacation or sick leave, an employee using earned vacation or sick leave is considered to be working. Adopted by the City Council this ATTEST: Jeremy J. Carter, City Administrator day of '2013. Steven W. Cook, Mayor LAWS of MINNESOTA for 2013 Ch. 87 CHAPTER 87— S.F.No. 840 An act relating to employment; modifying use ofpersonal sick leave benefits; requiring a report; amending Minnesota Statutes 2012, section 181.9413. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA: Section 1. Minnesota Statutes 2012, section 1819413, is amended to read: 181.9413 SICK OR INJURED eHILD C LEAVE BENEFITS; CARE OF RELATIVES. (a) An employee may use personal sick leave benefits provided by the employer for absences due to an illness of or injury to the employee's child, as defined in section 181.940, subdivision 4, adult child, spouse, sibling, parent, grandparent, or stepparent, for such reasonable periods of time as the employee's attendance with the child may be necessary, on the same terms upon which the employee is able to use sick leave benefits for the employee's own illness or injury. This section applies only to personal sick leave benefits payable to the employee from the employer's general assets. (b) An employer may limit the use of personal sick leave benefits provided by the employer far absences due to an illness of or injury to the employee's adult child spouse sibling, parent grandparent or stepparent to no less than 160 hours in any 12 -month period. This paragraph does not apply to absences due to the illness or injury of a child, as defined in section 181.940, subdivision 4 For purposes of this section, "personal sick leave benefits" means time accrued and available to an employee to be used as a result of absence from work due to personal illness or injury, but does not include short-term or long -term disability or other salary continuation benefits. (d) For the purpose of this section "child" includes a stepchild and a biological, adopted, and foster child. (e) This section does not prevent an employer from providing greater sick leave benefits than are provided for under this section. EFFECTIVE DATE. This section is effective August 1, 2013 and applies to sick leave used on or after that date. Sec. 2. REPORT, By August 1, 2014, the commissioner of management and budget shall analyze and report to the standing committees of the house of representatives and senate with jurisdiction over labor and workplace issues on the impact on the usage of sick leave by employees of the executive branch of the state as a result of the amendments in section 1. Presented to the governor May 21, 2013 Signed by the governor May 24, 2013, 1:43 p.m. Copyright CO 2013 by the Office of the Revisor.of Statutes, State of Minnesota. All Rights Reserved. HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Airport Master Plan Update Agreement with Bolton & Menk, Inc. Department: Public Works LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: An Airport Master Plan and Airport Layout Plan (ALP) update will help the City determine necessary airport development projects and related management issues for the airport well into the future. The proposed Airport Master Plan and ALP update is budgeted at $209,200 (including optional services) and will be funded at the 90% level by the FAA. The City's portion of the plan /update costs are planned at $20,920, which will be paid from planning funds. The last Airport Master Plan was completed in the 1970's. The ALP was updated recently, beginning in 2005, with final reviews completed in 2009. A number of conditions have changed at the airport since 2005, and data from the last ALP needs to be updated so it is compatible with the GIS format used by the Federal Aviation Administration (FAA). In addition, new FAA safety criteria has been released since 2005 which needs to be included in the ALP. The Master Plan Update will take into consideration the City's strong desire to maximize utilization of the existing facility. There are several key areas that will be looked at in detail, including: A) Runway alternatives - maximizing runway length while minimizing impacts to surrounding properties; B) Comprehensive obstruction evaluation - maintain and /or improve navigable airspace; C) Financial feasibility - determine funding sources and uses based on the preferred implementation plan. To plan for maximized utilization, Bolton & Menk will lead the planning process, which includes: • Project development and control * Public involvement Project formulation Public involvement plan Prepare, negotiate contracts, sub - contracts Public involvement meetings Project management Public involvement materials • Data collection and analysis * Data collection and analysis (cont.) Data collection Existing airport review BOARD ACTION REQUESTED: Approval of Work Order No. 1, Bolton & Menk Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 209,200.00 Total City Cost: $ 20,920.00 Funding Source: Planning funds Remaining Cost: $ 188,280.00 Funding Source: Federal Grant (FAA AIP) WORK ORDER NO. 1 TO PROFESSIONAL SERVICES CONTRACT AVIATION PLANNING, ENGINEERING, AND SURVEY SERVICES 1;[Q N 2013 AIRPORT MASTER PLAN AIRPORT LAYOUT PLAN UPDATE BETWEEN: The City of Hutchinson A Minnesota municipal corporation (CLIENT) AND: Bolton & Menk, Inc. (CONSULTANT) EFFECTIVE July 9, 2013 DATE: RECITALS City owns and operates the Hutchinson Municipal Airport (Butler Field) located in Hutchinson, Minnesota. 2. This is Work Order No. 1 to the Professional Services Contract, between City and Bolton & Menk, Inc. The Professional Services Contract effective May 8, 2012, is referred to herein as the "Master Agreement ". AGREEMENT DESCRIPTION The CONSULTANT agrees to provide Aviation Planning, Engineering, and Survey services to complete the 2013 Airport Master Plan and Airport Layout Plan Update for the Hutchinson Municipal Airport (Butler Field), herein referred to as the Project. I.A. SCOPE OF BASIC SERVICES For purposes of this Work Order, the Basic Services to be provided by the CONSULTANT are as follows: INTRODUCTION In an effort to establish a solid plan for development of the airport in the future, The City of Hutchinson (CLIENT), owners and operators of the Hutchinson Municipal Airport — Butler Field Airport (HCD) have elected to undertake a study to update the existing Master Plan for the Airport with the financial support of the Federal Aviation Administration (FAA). This study will address numerous areas of interest which have a bearing on the management and development of the Airport in the future. Bolton & Menk (CONSULTANT) was selected to provide airport planning services to the City of Hutchinson and the Airport. This Scope of Services covers the planning services and tasks associated with an update of the Airport's Master Plan and Airport \\ Metrosouthl\ h\ HUTC \T51105897 \7_Bidding_Contract Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 1 Layout Plan (ALP). This document provides the following important aspects of the project: • Background information describing the context in which the master planning effort will be accomplished; • Areas of emphasis for this master planning effort; and • Project scope elements, describing the actual work activities, responsibilities, and level of effort. BACKGROUND The Airport last completed an Airport Master Plan in the 1970's, and an update to the Airport Layout Plan (ALP) which started in 2005 and finished in 2009. Numerous elements have changed on the airport since 2005 that required the ALP to be updated reflecting as -built and future conditions. Also, new FAA safety criteria has been released and needs to be incorporated /added to the ALP. At the same time, FAA expects the City of Hutchinson to honor the grant assurances that have been agreed to by taking actions in reference to airspace obstructions and land use incompatibilities. Other factors are also present including a strong desire to maximize the utility of the existing facility yet meeting all applicable safety standards for airport. An Airport Master Plan was discussed as a tool to determine the desired long -term direction for the facility, engage the public, and help make more informed decisions on short -term and long- term improvements to maximize airport utility and minimize impacts. For these reasons, an Airport Master Plan and ALP Update is recommended at this time. MASTER PLAN AREAS OF EMPHASIS A Master Plan process evaluates many aspects of an airport facility. The following areas of emphasis will be reviewed in greater detail in the Master Plan. Runway Alternatives The existing airport facility may have opportunities to maximize runway length and /or reduce impacts to certain surrounding landowners. The CONSULTANT will review various runways alternatives including shifting runway end locations, lengthening the runway and, accommodate possible enhancements to Runway approaches. The current ALP shows a future crosswind runway. Airport design standards will be evaluated against the current and future critical aircraft. Impacts will be evaluated including cost, land acquisition, and obstruction removal. The tradeoffs between the alternatives will be evaluated with the CLIENT through the use of alternatives analysis matrix. Comprehensive Obstruction Evaluation There is a need for the airport to take progressive action to mitigate FAR Part 77 obstructions to the navigable airspace. To identify obstructions to existing and proposed future runway configurations and design standards, the CONSULTANT will acquire aerial imagery to conduct a detailed planning -level obstruction analysis. This analysis will identify representative obstructions and help determine impacts of airport development on surrounding landowners. Financial Feasibility The City of Hutchinson has a desire to look at the current and projected future financials of the Airport in greater detail. The City would like recommendations to maximize opportunities. The CONSULTANT will conduct a cursory overview to evaluate capital funding sources and net airport operating revenues based on the preferred airport implementation plan. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 2 TASK 1 — AIRPORT MASTER PLAN The following sections describe the project scope elements for this master planning effort. The elements (phases) for this project are broken down as follows: 1. Project Development and Control 2. Public Involvement 3. Data Collection and Analysis 4. Implementation of Documentation The discussion of each element that follows includes a detailed breakdown of the sub - elements that together makeup the scope of work. Preparation of an Airport Master Plan will follow FAA guidelines described in FAA Advisory Circular 150/5070 -6B Airport Master Plans and other FAA Regional guidance. FAA airport design standards will follow FAA AC 150/5300 -13A Airport Design as it stands at the time of the executed Work Order. PROJECT DEVELOPMENT AND CONTROL 1.0 Project Formulation It is important at the onset of the planning process to define a detailed scope of services to conduct the master planning effort. The study design includes development of a comprehensive scope of services, definition of effort necessary to accomplish the work scope, and preparation of realistic work effort and cost budgets for completing the work. It also serves to organize the project planning team, which includes CONSULTANT, its sub - consultants, Airport Management, other consultants working for the Hutchinson Municipal Airport — Butler Field, so that the necessary study efforts are effectively executed and the participant roles and responsibilities are clearly defined. Various meetings will be held for the specific purpose of discussing the project and scope elements to be completed as part of this master planning effort. The final scope will describe the project formulation and /or project scoping meetings conducted to discuss the Airport Master Plan project. 2.0 Prepare /Negotiate Contract and Sub Contracts The effort for this Element includes preparation of this scope of services for the master planning efforts. The deliverables for this element will be a draft and final scope of services, project schedule, an agreed -upon project planning budget and an agreement for the proposed planning work. Specialty sub - consultants and their scope of work will be identified and included in the process. The scope of services, the schedule and the budget will all be detailed by study element. In addition to elements, the budget will be identified using rates by role, labor hours by task, person- trips, reimbursable costs and specialty sub - consultant budgets. These documents will form the basis of the agreement to provide professional services for this project. \\ Metrosouth1 \h \HUTC \T51105897 \7- Bidding - Contract - Documents \C_Agreement \HUTCH Work Order 1 AMP v3 -FAA (FINAL).doc Page 3 3.0 Project Management Projects such as this study demand a refined approach to project management to achieve success. This is especially true at the beginning of the process when the goals, direction, criteria, assumptions, roles, and expectations are developed. Continuous and timely coordination with the Airport and its designated project manager will be provided throughout the study. Project management tasks will continue throughout all aspects of the agreed -upon project schedule. This effort includes communication among the project team for purposes of tracking the progress of the studies. Managing the various technical work tasks among the project team is necessary for a successful project. Project management duties will include: • Developing and documenting the project plan • Organizing the project team Launching the project activities Executing project activities Monitoring and controlling the project to achieve results • Managing /mitigating risks and solving challenges Invoicing and monitoring project budget Regular project status briefings will take place throughout the study process. These briefings will take place in person or via a telephone call or an email between the Airport project manager and CONSULTANT's project manager or approved staff. These briefings will include status reports of current work, upcoming meetings and work effort and discussion of any challenges in the study effort which may affect the schedule, process or budget. Airport Primary Point of Contact Bolton & Menk Point of Contact John Olson, Airport Manager Kevin Carlson, Sr. Aviation Project Mgr. (Client Manager) Secondary Point(s) of Contact Secondary Point(s) of Contact Kent Exner, City Engineer Marcus Watson, Aviation Planner Monthly written status reports will be compiled to coincide with CLIENT coordination meetings. Specific critical needs of this project will be identified for related consultant support. CONSULTANT will coordinate with the various other consultants working at the Airport in their respective roles and responsibilities. PUBLIC INVOLVEMENT 4.0 Public Involvement Plan Introduction & Purpose: Public involvement will be a key component to the successful development of Hutchinson's Airport Master Plan. The purpose of this plan is to identify the goals and objectives of public involvement related to this study and to clarify details for the master planning process. The general public is most often unaware of the contributions an airport provides to the health \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 4 and vitality of a community, including how an airport's infrastructure strengthens the local economy. When airport terminal areas or runways need to expand to support existing and future demand, the public often views the expansion negatively. As a result, it is vital to understand airport user needs, perspectives of the public and state and federal review agencies, and the tradeoffs between the alternatives being considered. Developing this understanding, sharing this information between stakeholders, and considering the input received will provide a strong foundation for the future projects ultimately identified in the Airport Master Plan. The project will not have a detailed and comprehensive public involvement plan developed. The public involvement effort will to be developed for this project which will include Public Informational Meeting(s), and Public & Resource Agency Review Outreach. 5.0 Public Involvement Meetings The Public Involvement Plan for Hutchinson Airport Master Plan contains the following meetings: Master Plan Advisory Group Purpose: The Master Plan Advisory Group (MPAG) will provide input on information being considered and findings being developed throughout the Airport Master Planning process. The MPAG will help assess airport issues and needs and be a vital part of the overall project. This group will act as a sounding board for proposed development alternatives, as well as be a conduit for information among various interest groups throughout the community. Interaction with the Airport Manager and the MPAG will be essential for the review and assessment of project information that will ultimately be incorporated into the Master Plan. Description: The MPAG will include the Airport Manager and other representatives the CLIENT deems beneficial as follows; • Airport Advisory Board /Commission • Airport business representation • City Council City Planning Commission Federal Aviation Administration Airport District Office (FAA ADO) • Minnesota Department of Transportation Office of Aeronautics (Mn /DOT) • Staff from Hutchinson's planning department/Zoning Board • Staff from the McLeod County • Staff from Township The MPAG members each represent an area or stakeholder group, and will be expected to share their perspective with the MPAG, as well as take information back to the groups they represent. The CONSULTANT and the Airport Manager will work through each represented entity to identify their appointed liaison. The consultant team will lead the preparation and facilitation of the MPAG meetings and distribute meeting notices and summaries for up to Five (5) MPAG meetings to be held at the Airport. Meeting graphics and presentations will be prepared for each meeting. Up to Five (5) MPAG meetings will be held at key milestones in the development of the Airport Master Plan where there are critical decisions to be made. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP AFAA (FINAL).doc Page 5 1. Project kickoff to review study goals and objectives; 2. Presentation of the forecasts, facility requirements. Discussion of preliminary development alternatives; 3. Presentation of the alternatives and impacts; 4. Decision on the preferred alternative(s), and; 5. Presentation of the implementation plan and final Master Plan review document. The MPAG meetings be used to solicit information and responses from the Airport Manager and MPAG members regarding information presented by the CONSULTANT. CONSULTANT staff will send invitations two weeks before the MPAG meeting. Project workbooks, as well as related meeting handouts, and meeting summaries will be provided for each MPAG member. This will also include one hard copy of the working documents for each of the project work items. Since the resulting documents of the overall study effort will be the property of the Hutchinson Airport, it is important for Airport officials to act as the final sounding board for information contained in any final work products associated with the study. The Airport Manager is responsible for the final review and approval of all changes recommended by the MPAG as they pertain to the documents developed by the CONSULTANT. This process will streamline the overall project flow and provide for a more refined approach to the review of the various documents which will be developed and form the Master Plan. If questions regarding comments need to be addressed, this can be accomplished by either telephone calls or email for review and clarification. Proiect Meetings Purpose: Project coordination meetings are held to address specific elements that do not require the direct involvement of the MPAG. Description: Other meetings may be held during the project with project stakeholders, including the CLIENT as needed to review elements or provide direction. Anticipated meetings include the following: 1. Presentation of draft aviation forecast to FAA and Mn /DOT Office of Aeronautics (1) 2. Review preliminary alternatives with CLIENT (1) 3. Discuss initial alternatives with FAA, Mn /DOT Aeronautics (1) CLIENT staff will be invited to attend project meetings when they not a required attendee. Additional meetings will be accommodated within the existing project management scope as much as possible; otherwise they may be considered Other Project Meetings. Updates with the Airport Commission are included in a separate sub -task. Other Project Meetings Purpose: Identification of all meetings before embarking on a planning project can be difficult to achieve as planning projects oftentimes have unforeseen issues that are discovered and need to be addressed. Other project meetings maybe necessary to achieve project success. These meetings will be completed at our regular hourly rates and approved by the client. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 6 Public Information Meetings Purpose: To gather input and inform the broader public and other stakeholders of the progress of the Airport Master Plan. Description: One (1) Public Information Meeting will be held to share information and receive meaningful input from property owners and other stakeholders on planning considerations that have yet to be identified. The specific format for the meeting will be determined by the Airport Manager and the CONSULTANT. Examples of possible formats include: • Open house format where interested persons can view various graphics and ask questions in a very casual environment • Workshop format where a formal presentation can be given along with a working session to solicit information from interested citizens It is proposed that the Public Information Meetings will be scheduled to allow presentation of the forecasts, facility requirements, and development alternatives The CONSULTANT is responsible for preparing the meeting notice, presentation, necessary graphics and handouts and will have up to two (2) staff available for each of the public information meeting. The Airport is responsible for costs associated with advertising and placing appropriate notices to inform the public about the various meetings and workshops, as well as for securing an appropriate location in which to conduct the meetings. Outreach Meetinas Purpose: To gather input and inform a specific area adjacent to the airport regarding specific elements of the Airport Master Plan. Description: The CONSULTANT will not hold any outreach meetings in this project. Meetings with Local Landowners & Residents Purpose: To provide opportunity for one -on -one and small group discussions to better understand and provide input into this process. Description: The City of Hutchinson has a strong commitment to get to know the potentially affected stakeholders, to listen and understand their issues, to generate alternative solutions, and to articulate and clarify the key issues. The Airport Manager will generally be meeting with local landowners and residents directly. If desired by the Airport Manager, CONSULTANT staff will provide meeting materials and /or attend meetings at an hourly rate. Ten (10) hours of CONSULTANT staff time has been budgeted to assist with these anticipated tasks. The Airport Manager will provide a summary of the meeting. City Council and /or Advisory Commission Updates /Meetings Purpose: To provide regular updates to the City Council and /or Advisory Commission on key information and the status of the planning process and obtain input. Description: The CONSULTANT will attend select Airport Commission meetings to update project status throughout the project. One (1) CONSULTANT representative will be in attendance at no more than four (4) meetings. These may occur at the following points in the study: \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 7 1. Project kickoff; 2. Project alternatives; 3. Presentation of the draft Airport Master Plan, and; 4. Presentation of the ALP. The CONSULTANT will not attend any City Council meetings in this project. Coordination with elected officials will be the responsibility of the CLIENT's staff. If the CLIENT deems necessary that the CONSULTANT needs to attend a meeting, time for this task will be added to the OPTIONAL TASK #2 at an hourly rate. 6.0 Public Involvement Materials The Public Involvement Plan for Hutchinson Airport Master Plan contains the following materials: Project Website Purpose: To provide user friendly, easy internet access to information about the project and provide a "submit comment" feature for the public to provide comments about the project through the web. Description: A project website will not be developed by the CONSULTANT for this project. Newsletters Purpose: To provide written information about the project to adjacent landowners, city officials, and other interested stakeholders. Description: Project newsletters will not be developed by the CONSULTANT for this project. Meetinq Handouts and Presentations CONSULTANT will develop meeting handouts for project meetings as appropriate for distribution. These handouts include a summary of the technical analysis in each phase for the MPAG meetings. Other handouts may include the same information as developed for the MPAG or may be abbreviated versions of the same information. CONSULTANT may also develop graphics (handouts, boards, or PowerPoint presentations) to convey the project information as necessary for the various meetings. Handouts from other meetings will be distributed to the MPAG. Meeting Minutes Purpose: Meeting minutes document important information shared, subsequent discussions, and decisions made at each meeting. These documents serve to create a "paper trail" of decisions made during the life of the project. Meeting minutes will serve as a general summary each meeting. Description: Meeting minutes will be developed after each MPAG and project meeting, and distributed to the CLIENT and meeting attendees electronically in PDF format. Public & Resource Agency Outreach Purpose: The purpose of Public & Resource Agency Outreach efforts is as follows: 1. Share identified airport user needs, 2. Inform surrounding landowners about the proposed airport development plans, \\ Metrosouthl\ h\ HUTC \T51105897 \7_Bidding-Contract _Documents \C_Agreement \HUTCH Work Order 1 AMP v33AA (FINAL).doc Page 8 3. Obtain information about what planning or environmental factors should be considered by Hutchinson as alternatives are developed and evaluated, and 4. Notify agencies of the draft Master Plan and allow another opportunity to comment. Description: Informational data and mapping will be mailed to environmental review agencies and surrounding landowners for their review. Comments will be solicited on airport user needs and factors the agency desires to be considered in the airport planning process. A summary of input received will be developed. Information received will be fed back into the planning process at key points in the study. The CONSULTANT will prepare an electronic PDF of the outreach packet to the CLIENT. The CLIENT will provide the CONSULTANT address information for those landowners within '/4 mile of the airport property boundary. The CLIENT will mail the outreach packets. Additionally, the CLIENT may notify agencies and the general public of the draft Master Plan for review and comment. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 9 DATA COLLECTION AND ANALYSIS 7.0 Data Collection The initial step in the inventory process will be to review previous planning, environmental, and other issue - specific studies undertaken for the Airport to determine their continued validity. Federal and State aviation plans, as well as plans from airport tenants will be investigated as appropriate. Data collection and analysis may include, but will not be limited to, the following: The CONSULTANT will identify and review existing airport planning documents to assist in developing a comprehensive base of information to be used in the planning process. The Airport shall provide copies of any existing electronic files which may be of assistance in developing the ALP update, as well as reports or studies which contain information related to the planning topics identified within this scope. These may include documents such as, but not limited to the following documents: Current and previous master plans As -built airport construction plans • Recent environmental NEPA documents Airport operational information (i.e. based aircraft, fuel sales, policies /procedures) Airport history information CONSULTANT shall coordinate with and obtain existing GIS database information from the City and /or County as this collected data resource information will be used for the various work tasks. The CLIENT shall coordinate any necessary data license agreements. An inventory of existing land use, City /County Comprehensive Plans, zoning, and related regulations will be completed. FAA indicated that a new `Exhibit A' property map will be required for this project and work will be completed in for the Airport Master Plan under TASK 4 — EXHIBIT A PROPERTY MAP. The CLIENT will provide any other readily available property information to the CONSULTANT for use. 8.0 Existing Airport Review Site Inspection The CONSULTANT will conduct an on -site visual inspection and review secondary sources, to prepare a description and inventory of existing airfield and landside facilities. This inspection will be held in conjunction with one of the project meetings, and a separate trip is not anticipated. The current Airport Master Plan Update, site inspections, and as -built facility plans will serve as the basis for the majority of the inventory information. Items to be inventoried include: Runways and taxiway (including pavement condition taken from previous studies) Apron and ramp areas (including pavement conditions taken from previous studies) Terminal and offices • General aviation facilities Airport access roads Maintenance facilities Hangars • Ground access, circulation, and auto parking • Fuel facilities Existing and proposed uses of Airport property \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 10 • Airfield lighting • Landing aids and instrumentation • Wind data (new data to be acquired from National Climatic Data Center) • Runway Protection Zones and Obstructions Environmental Overview Environmental factors and constraints will be an important consideration during the development of improvement alternatives. Work effort includes research and review of existing environmental reports, maps, and databases showing environmental or physical attributes that may represent constraints. Data will be compiled into composite drawing(s) illustrating the constraints. This task will rely mostly on data available from existing sources, and will not include new field investigations or delineation surveys. Effort will include coordination with the City /County, resource agencies, and research into City /County Code to research environmental constraints, including but not limited to land use zones, wetlands, floodplains, protected wildlife, and other natural or man -made features. Any field investigations or delineation surveys necessary for the Master Planning effort will be identified for inclusion in a subsequent amendment to the master planning agreement. Existing Facilities Summary The data collection and inventory effort will summarize the historical and existing facilities and conditions at the Airport as well as information and direction necessary to develop the Airport Master Plan Update. Deliverables from this Data Collection and Inventory task will include a brief summary including text and graphics pertaining to the existing facilities at the Airport along with existing land use, zoning, City /County Comprehensive Plans, previous planning studies, etc. This summary will serve as the draft copy of the inventory chapter of the Master Plan Update. 9.0 Aviation Demand Forecasts Development of projections of aviation demand is a key element in the planning process and is important data to be used in determining current and future Airport's needs, in assessing the environmental effects of proposed actions, and determining the economic implications of future growth and development. Projections of short-, intermediate -, and long -term demand levels (i.e., 5 -, 10 -, and 20- years) will be developed. As part of this element, appropriate regional, state, and national aviation trends and existing (independent) projections will be investigated. Airport Operational Information The Airport will provide the CONSULTANT with available airport operational information, which would include but is not limited to fuel sales and based aircraft. Historical aviation activity will also be analyzed for the Airport by demand component. Existing projections from the FAA's Terminal Area Forecast (TAF) and State forecasts will also be utilized. Airport User Survey A comprehensive airport user survey will be developed in coordination with Airport staff to obtain local airport operational information. This user survey will be administered online and the results will be tabulated and distributed to the Airport. Information on how to access the survey and how to complete the user survey to local pilots will be provided to the Airport. It will be the responsibility of the Airport to distribute information any follow -up interviews will also be completed to obtain necessary information. Aviation Forecasts \\ Metrosouthl \h \HUTC \T51105897 \7- Bidding- Contract_Documents \C- Agreement \HUTCH Work Order 1 AMP v3 -FAA (FINAL).doc Page 11 Through the Airport records, historical activity research, existing projections, user survey, follow -up interviews, data will be obtained on activity levels, fleet mix, and based aircraft. The following components of aviation demand will be projected for 5 -, 10 -, and 20- years: • Aircraft operations • General aviation (local /itinerant) • Military • Based aircraft • Aircraft fleet mix (based and operational) Projections of aviation demand will be developed using standard FAA forecasting methodologies, such as share of the market, regression analysis, time series analysis, and trend line analysis. Peak hour aircraft operations will also be developed using best available data and consultant - developed factors. The database utilized by the CONSULTANT includes information on general aviation activity. In addition to the results of the survey, a forecast of activity can be developed based on various levels of business development (i.e. current level of services and facilities available to various levels of expansion). Results of this element will be used to determine future needs for airside, landside, and support facility components at the Airport. Methodologies used in this task will be reviewed with the CLIENT and the FAA Airports District Office before the element is finalized. Close coordination will be maintained to ensure acceptance of the projection approach. Deliverables Deliverables associated with this task will include a report which summarizes, with appropriate graphs, charts, maps, and drawings, the methods and results of the projections of aviation demand. Once reviewed by the FAA, these findings will be used as part of a chapter in the final master plan report. 10.0 Demand /Capacity Analysis Within this task, current activity levels will be compared to the Airport's operational capacity. Using established FAA criteria and the findings from previous work efforts (i.e. inventory, and projections). CONSULTANT will review the existing runway configuration to determine its capacity and limitations. The capacity of the airport's existing aviation facilities will be compared to demand projections for the short-, intermediate -, and long -range planning periods (5 -, 10 -, and 20- years). Surpluses and deficiencies will be identified. The existing airport will be identified for any FAA safety deficiencies. The Airport's ability to accommodate existing and projected activity will be determined using approved FAA capacity methodologies. The capacity, or that level of activity atwhich unacceptable delay occurs, will be compared with aviation projections to determine if and when additional capacity should be provided in the future. Airside facilities at the Airport will be analyzed. Using the FAA's methodology for calculating annual service volume (ASV), the Airport's annual operational processing capacity will be estimated. Inputs for this analysis include aircraft fleet mix, navigation aids, physical orientation of runways and taxiways, spacing of taxiway exits, percentage of the Airport's training activity, and peaking characteristics. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract - Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 12 Landside facilities at the Airport will also be analyzed in terms of their capacity and ability to accommodate current demand. Using FAA guidelines, as well as consultant - developed factors, capacities of landside facilities such as hangars and apron space will be determined. To determine their adequacy, these capacities will be compared to current and projected demand identified during the inventory and forecast elements. A simple analysis of passenger terminal area facilities (passenger terminal building, terminal area parking facilities) will also be performed. Deliverables for this task will include a summary of the findings of this task which will be used as a portion of a chapter in the final master plan document. The summary will be provided to the Airport staff and MPAG as part of the MPAG meetings. 11.0 Facility Requirements Required facilities will be identified through the inventory of existing facilities and the capacity analyses when compared to projections of aviation demand. Anticipated timing of required improvements will also be identified. FAA Advisory Circulars (AC) referenced as part of this task will include but not be limited to: AC ,150/5300 -13A, Airport Design; FAR Part 77, Safe, Efficient Use, and Preservation of Navigable Airspace; 150/5060 -5 Airport Capacity and Delay, and 150/5070 -613 Airport Master Plans. Tabulated wind data will be obtained from the National Climatic Data Centerforthe most current 10- year data. Full All- Weather, VFR, and IFR wind roses will be prepared for use in this Master Plan and the ALP update. No special analysis will be performed (i.e. seasonal calculations, observations above -below IFR weather minimums, etc.). Utilizing current FAA planning criteria, the CONSULTANT will review the facility needs based on projected future activity and the Airport's role in the local, regional and national aviation and economic system. Facilities to be analyzed using best available information include: • Runways • Runway Safety Areas Taxiways Aircraft apron areas FBO, corporate, and general aviation facilities Aircraft storage and hangar areas • Support facilities such as maintenance and utilities Fuel farms Airport access and circulation Storm water utilities Future requirements will provide the basis for evaluating alternative development actions that might be adopted to satisfy the need for improved, expanded, or modified facilities. The facility requirements analysis for the Airport will focus on a number of specific issues that are most important to the Airport's future growth and development. The alternatives analysis will identify, review, and evaluate options for accommodating these activities in their existing location over the planning period. The objective of the facility requirements analysis will be to ensure that each of the Airport's functional aviation areas has long -term flexibility and growth potential that will enable it to respond to changing demand scenarios. Facility requirements will generally be tied to the 5 -, 10 -, and 20 -year demand projections developed as part of this study. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding- Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 13 FAA MSP -ADO has identified a need for Master Plans to identify any airport design deficiencies. A summary of the existing Airport's compliance with FAA existing airport design standards will be completed in this section. Any Modification to Standards will be requested through the Airport Layout Plan process. Deliverables for this task will include the facility requirements chapter for the Airport Master Plan report. 12.0 Alternatives Analysis CONSULTANT will develop and document feasible alternatives for the development of the Airport's facilities, based on the results of the previous tasks. Each of the alternatives will be graphically illustrated, as appropriate, and presented to the Airport and MPAG for review and consideration. These alternatives will take into consideration the long -term development of the airport, while also planning for the near -term implementation of projects. The next step in the alternatives analysis will be to identify potential alternatives for meeting future facility requirements. Alternatives will be identified, graphically depicted, and evaluated in light of demand projections, the capacity analysis, and facility requirements determination. Once reasonable development alternatives have been identified; their merits and deficiencies will be compared. Factors to be considered in the evaluation (in no particular order or importance) may include: • FAA Design Criteria • Safety Standards • Capacity Recommendations • Expansion Potential • Compatibility Issues (including Land Use /Zoning) • Off - Airport Development Potential • Operational Impacts • Economic Impacts • Environmental Impacts • Overall Feasibility • Clear Airspace • Realistic Implementation Runway Protection Zone (RPZ) evaluation and acceptance to be completed and integrated into the Alternatives process before proceeding to the next step for land use triggering events identified in Interim Guidance on Land Uses Within a Runway Protection Zone dated September 27, 2012. These include but are not limited to roadways within the future RPZ. Airfield and hangar /terminal area alternatives will be evaluated independently. It is assumed that up to five (5) airfield alternatives will be developed, and up to three (3) terminal area alternatives will be developed. Each alternative will include graphical depictions of each development "footprint ". A preliminary screening process is not anticipated; however input from the MPAG will be solicited about desired airfield and hangar /terminal alternatives to be evaluated. An intensive planning session(s) will be held to present, review, and evaluate the alternatives. The alternatives will be quantitatively and qualitatively ranked, according to their performance against safety, capacity, and compatibility criteria. A preferred development alternative for each of the functional components will then be selected by the MPAG. Location options and development \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 14 needs for support facilities will be reviewed and investigated as part of this phase of the alternatives analysis. Some facilities may have a single, logical development option associated with them. For those facilities, an analysis of alternatives may not be necessary. The alternatives analysis will result in identification of a recommended course of action for the Airport to follow over the ensuing 20 -year planning period. The logic and justification for following the recommended plan will be detailed. At this stage of the study, the plan will be conceptual in nature and will be subject to further refinement, particularly through the implementation plan, environmental overview, and as detailed layout plans are prepared in subsequent tasks. Deliverables for this task will include graphics and text as appropriate to summarize and document the merits of each alternative developed. This information will be presented in a working paper format which will ultimately be included in the Master Plan report document. 13.0 Environmental Overview The objectives of this task are to prepare a summary of the inventory of environmentally sensitive features of the airport and the potential impacts upon those as part of the recommended development plan. The inventory will include readily available information and review the following: Potential environmental impacts of the selected airspace /land use /airfield /landside plan to allow refinement of the plan. Potential significance of the impacts. Possible abatement and mitigation measures which may reduce or eliminate any potentially significant adverse impacts. Prior environmental and planning documents. Current site conditions at airport. A preliminary overview of environmental resource categories known or easily visible upon site inspection will be done in conformance with the most current FAA Order 1050.1 E, Environmental Impacts: Policies and Procedures, FAA Order 5050.413, National Environmental Policy Act (NEPA) Implementing Instructions for Airport Actions, FAA Advisory Circulars and applicable federal, state and local regulations. Any of the other environmental resource categories where an impact may be anticipated will be identified as a potential impact. The environmental overview is not intended to substitute for a National Environmental Policy Act (NEPA) document. It is to provide information on obvious environmental resources applicable to the airport. For master planning it is not necessary to carry out substantial investigations such as cultural resource studies or wetland delineations or to define all environmental factors needed for a NEPA document. This scope of work does not include the depth of NEPA review to meet the requirements of an Environmental Assessment or Environmental Impact Statement. The environmental overview will be limited to existing considerations with a review of the preferred development plan. A detailed review for each development alternative will not be completed. The environmental overview will include the following environmental inventory items and contain appropriate discussion in the Airport Master Plan narrative report: Aircraft Noise A detailed noise evaluation will not be performed as part of this master plan study at this time. A noise study can be authorized as part of TASK 2 — OPTIONAL SERVICES. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 15 Compatible Land Use Provide a short narrative of compatible land use per various FAA Advisory Circulars and State recommendations. • Location of Land Use Compatibility • Agricultural • Residential • Public Use (churches, schools, hospitals) • Commercial Use • Manufacturing and Production o Recreational Identify zoning and /or platting associated within the airport vicinity for land use compatibility • Residential • Commercial • Industrial • Agricultural • Public • Airport Zoning • Other • Location of landfills, sewage treatment lagoons, wetlands • Location of known DOT 4(f) land within a one -mile radius (recreational and historic) • Location of possible planned water features within 10,000 feet of ARP • Location of floodplains and floodways • Prime and unique farmlands on airport or projected to be acquired by airport • Surrounding roadway /transportation network This task will include a discussion of compatible land use issues in the Airport Master Plan narrative report. To the extent necessary, based on changes in the existing land use and other conditions identified in the inventory portion of the Master Plan Update, a land use plan will be developed that depicts the existing and recommended land uses for all land within the airport property boundaries and in the surrounding vicinity of the airport (generally defined at one mile of the runway ends and one -half mile parallel to the sides of the runway). The Master Plan will specifically categorize and identify proposed facilities and land use compatibility recommendations in accordance with applicable local, State, and FAA standards. Recommendations for local comprehensive plans will be completed and documented in the Master Plan report. Historic and Archeological Assessment of the local area and /or airport environs will be completed to identify existing resources that have been recorded. The assessment will include a literature search at the State Historic Preservation Office (SHPO) to identify known archaeological sites and recorded properties on the National Register of Historic Places (NRHP). No on -site evaluation of structures or field survey will be conducted. Water Quality Review existing site drainage conditions and concerns. Appraise and map existing airport drainage facilities including streams, culverts, ditches, drains, drainage control structures, berms, secondary containment, piping, and direction of flows \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 16 Map future airport drainage facilities Fish, Wildlife, and Plants Short narrative describing wildlife habitat and potential wildlife hazard issues. Literature /other review for endangered species and habitats on /near airport. Literature /other review for fish, wildlife, plants, habitats, and migration routes on /near airport (narrative from wildlife assessment) • Summarize current wildlife controls — fences, mitigation, permits Hazardous Materials and Solid Waste Review site records and conduct no more than three interviews to perform an evaluation for known hazardous and solid waste issues associated with the airport. • Determine location of potentially contaminated areas • Locate and size fuel storage, dispensing, and containment Locate and size agriculture operations, storage, mixing, and containment Location and type of maintenance activities A Solid Waste and Recycling Plan will be completed by the CONSULTANT to meet new FAA requirements as outlined in Program Guidance Letter 12 -08 and technical guidance provided by FAA on June 11, 2013. The following work items will be completed: 1. Conduct a brief interview with City staff knowledgeable about City and Airport waste collection and disposal and recycling programs. 2. Describe the existing solid waste and recycling program at the Airport and identify opportunities for reduction in landfilling wastes, cost savings, and revenue generation. a. Define the scope of the existing solid waste collection and recycling program at the Airport, identifying those areas over which the Sponsor has direct control, some level of influence, and areas of little or no influence or control in the collection and disposal of solid waste, yard and food waste (compostables) and construction and demolition (C & D) wastes. Identify current airport recycling targets /goals and tenant programs for recycling. b. Conduct an audit of the sources of waste generation on the Airport to determine the sources, amounts, disposal protocol and applicable State and Federal disposal requirements for solid waste, compostables, and C &D wastes. c. Identify the technical and economic factors affecting the feasibility of recycling at the Airport including the local market for recyclable commodities. d. Define any goals to reduce waste generation at the Airport, including reducing the waste stream, tracking, and management of wastes generated by Airport improvement projects. Identify potential changes to be incorporated into the airport's minimum standards. e. Identify the operational and maintenance requirements, roles, and responsibilities. f. Review existing waste management contracts to identify cost saving and recycling opportunities. g. Identify the potential for cost savings or revenue generation related to waste generation, reuse, recycling, reduction, and disposal at the Airport. 3. Prepare a written summary of the Airport Solid Waste and Recycling Plan Wetlands /Floodplain \\ Metrosouthl \h \HUTC \T51105897 \7 - Bidding- Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 17 Discuss presence of wetlands and floodplain on airport property. Data will be taken from National Wetland Inventory (NWI) maps and FEMA maps, visual observations, or other available records. • Map NWI wetland determinations • Map other "wet lands" noted but not formally delineated. • Map FEMA floodplain and floodway Deliverables for this task will be incorporated into the appropriate chapters such as existing conditions and alternatives development and evaluation. Any refinements to the preferred alternative based on the environmental analysis will be discussed in a white paper, and incorporated into the Master Plan report. 14.0 Implementation /ACIP Update The Master Plan will identify various projects that are necessary to implement the preferred alternative. A list of projects will be developed according to applicable local, State, and Federal needs identified in this planning study. Cost estimates for the projects will be developed to support this element of the Master Plan. A preliminary airport implementation plan will be developed to help determine the desired sequencing of projects identified for development. A five year Airport Capital Improvement Plan (ACIP) will be updated as part of this task. As part of the implementation plan, the CONSULTANT will conduct a cursory overview to evaluate capital funding sources and net airport operating revenues based on the preferred airport implementation plan. The CLIENT will provide copies of revenues /expense reports and leases. Broad recommendations will be provided to maximize revenue potential. 15.0 Documentation An effective airport plan places emphasis on developing concise, effective study documentation. Several types of materials will be produced to document the planning process as noted below. The report sections or chapters will be provided for FAA and local review, as will the draft and final documents. Master Plan Report The CONSULTANT shall prepare twenty (20) paper copies a draft and final Master Plan Report which will summarize the planning process and document the findings of the elements outlined in this scope of services. This report will be written so that it can be easily understood by the general public. The format of the report will be determined through discussions with the Airport Management, but will be based on the individual sections or chapters developed in the individual technical elements of this project. The final product will include a locally adopted Master Plan report. Anticipated sections /chapters of the master plan report include: • Introduction • Facility Inventory • Aviation Demand Forecasts • Demand /Capacity and Facility Requirements • Alternative Analysis • Environmental Overview • Preferred Alternative (if necessary) • Implementation \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 18 Appendices Electronic files of the Master Plan Update in Adobe PDF format will also be provided on CD. It is recommended that the CLIENT post the Airport Master Plan report on the CLIENT's Airport website for on -going reference. The CONSULTANT shall prepare up to twenty (20) bound paper copies a draft and final Master Plan Report which will summarize the planning process and document the findings of the elements outlined in this scope of services. Two (2) hard copy drafts of the Master Plan will be each sent to FAA and Mn /DOT Office of Aeronautics to provide an opportunity for review and comment prior to proceeding with next chapters; forecast, alternatives analysis, implementation. One (1) final paper and electronic PDF copy of the Master Plan will be each sent to FAA and Mn /DOT Office of Aeronautics. Executive Summary The CONSULTANT will prepare an Executive Summary of the Master Plan Update, summarizing the results of the analysis and outcome of the study. The brochure type summary is typically up to 12 panels /pages, printed in full color. One hundred (100) copies of the Executive Summary will be printed. TASK 2 — OPTIONAL SERVICES Aircraft Noise Modeling Aircraft noise is a component of airport operations that, when evaluated, identifies the influence of airport activity beyond airport property. Noise evaluation will be performed using FAA Integrated Noise Model (Version 7.0d). Noise exposure contours will be developed for 65 and higher DNL, for 2013 conditions, and for the preferred alternatives for the 5- and 20 -year horizons. Data Collection - The success of the Master Plan preparation process depends on the development of accurate and reliable data about the airport and its operation. Prior airport and local land use studies contain a great deal of relevant information about the current and future operations of the airport, and the land uses in the airport's environs. Likely sources of information will be identified and pursued obtain the necessary information. The sources may include: • Prior noise studies • Airport Activity Forecast Information from Master Plan • Standard Operating Procedures • Airport operations summaries • National Climatic Data Center (NCDC) weather data • Aeronautical charts and instrument approach procedures • Airport tenant and operating agreements • Sufficient radar data to characterize the flight operations, including both fleet mix and flight track locations • Airport Management and /or User Interviews CONSULTANT will utilize the Master Plan aircraft operational forecast, fleet mix, track data (anecdotal), and other data required to run the FAA - approved Integrated Noise Model (INM) for the existing or base year operations. CONSULTANT will derive the data based on the best available Airport and FAA records, fleet mix data obtained from available data, and other available sources. \\ Metrosouthl \h \HUTC \T51105897 \7 - Bidding - Contract Documents \C - Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 19 Future (e.g., 5- and 20 -year forecast) forecast data will include: • Aircraft operations • Aircraft fleet mix • Alternative airfield configuration changes • Perspective on any runway and flight track use changes Flight Track Development - Representative flight tracks will be developed for several basic categories of aircraft - Business /Corporate Jets, GA Twin - Engine, and GA Single- Engine Aircraft. Flight tracks will be based on interviews with the Airport, FBOs, and field observations. On -site evaluations will be reviewed to assist with the verification of flight track locations. An exhibit depicting the proposed flight tracks over an aerial photograph will be developed. Development of Noise Exposure Contours (up to 2 contour sets) - The INM input data files will be developed based on data collected and model the existing or base case Day Night Equivalent (DNL) contours in the latest version of the INM (Version 7.0d). The output will be the contours in 5 -dB increments from 55 and higher DNL in ESRI shape file or AutoCAD format. Documentation of Noise Analysis — This will include tables that will document the model input process and results from the tasks above, as well as an accompanying narrative to support to the tables. TASK 3 — AERONAUTICAL SURVEY Generally, any foreseen airport development where critical airport data will be changed will require an updated FAA Aeronautical Survey meeting the standards of FAA Advisory Circular 150/5300 - 16A, -17C, and 18B. This includes changes to the location of runway thresholds. FAA staff have identified that a new aeronautical survey is not required at this time. Obstruction data will need to be collected in order to satisfy airspace obstruction requirements for the ALP. The most cost effective method to comprehensively evaluate obstructions is to use imagery data collected in 2010. Analysis of the existing FAA AGIS imagery data will be completed to satisfy obstruction data requirements. No additional FAA Airports GIS submittals will be completed. Work will be completed by the CONSULTANT and a specialized sub - CONSULTANT through a sub- contract with the prime CONSULTANT. 1.0 Project Management, Reporting, Deliverables The CONSULTANT will manage the overall project, including administration and coordination of all efforts related to this work item including coordination with sub - consultant, product deliverable quality control checks, and monitoring work schedules to ensure deadlines are met. The sub - CONSULTANT will provide the CONSULTANT with a specialized airport obstruction data set from previously collected imagery that will be used by the CONSULTANT to complete the obstruction analysis. Airport planimetric features (pavement edges, buildings, etc.) will be collected and delivered by the SUBCONSULTANT for use in the Airport Layout Plan. Other features will be provided by the CLIENT. \\ Metrosouthl \h \HUTC \TS1105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 20 2.0 Obstruction Analysis An aerial obstruction analysis will identify the top elevation of the tallest object within over the airport's airspace surfaces utilizing aerial imagery acquired. This mapping identifies the tallest object that penetrates the surface under analysis including buildings, vegetation, fences, poles, and other objects. The purpose of this analysis is to determine the Airport's existing and potential future compliance with FAR Part 77 and other protected surfaces for airport development alternatives explored in the Master Plan. The data will assist in determining which off - airport properties may require remedial action, such as the acquisition of property easements for object removal. Only representative points will be identified, i.e. not individual trees. The sub - CONSULTANT will collect obstruction data within a defined special collection area so that an obstruction analysis can be performed by the CONSULTANT. An airspace analysis will be performed for the existing airfield configuration. Natural and man -made objects within 10 feet of the critical airspace surfaces will also be identified. The airspace surfaces that will be evaluated include Threshold Siting Surfaces, FAR Part 77 surfaces, and TERPS Departure Surface. The SUBCONSULTANT will also collect existing airport planimetric data for use in developing the airport CAD base file. This will include the following: • Runway edges • On- airport pavement / road edges • Building outlines If a future crosswind runway alignment is proposed for a crosswind, one (1) revised special collection area will be completed by the SUBCONSULTANT. If an alternative alignment is not proposed, then the CLIENT will be credited the cost for not completing this work. A basic airspace analysis will also be completed for each of the up to five (5) airfield alternatives. Specific design standards and dimensions will be developed as the Master Plan project progresses. Man -made obstructions and natural obstructions within 10 feet of the defined airspace surfaces will be documented. Results will be incorporated to the alternatives analysis graphics in the master plan. A detailed airspace analysis will be performed for the final preferred airfield alternative to include Threshold Siting Surfaces (if applicable), FAR Part 77, and TERPS Departure Surface. This data will ultimately be graphically depicted in the ALP document. 3.0 Other Airport Surveying No other ground surveying will be completed by the CONSULTANT for this project. Existing airport data will be used. It additional data is required, competing the required survey(s) will be billed at an hourly rate. TASK 4 — EXHIBIT A PROPERTY MAP FAA has indicated that preparation of an updated Airport Property Map to `Exhibit A' inventory standards is required as part of this project. The standards required reference FAA Airports draft Standard Operating Procedures (SOP) checklist. An Airport Sponsor has a federal obligation to submit and maintain accurate Exhibit A Airport Property Inventory Maps. The preparation of an Exhibit A property map includes research for land descriptions and /or title opinions, land property \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 21 survey, metes and bounds property map preparation, documentation and checklist submittal. This work will be completed in Phase I of the Master Plan project to utilize for the Airport Master Plan. 1.0 Records Research The CONSULTANT will first coordinate with MnDOT Office of Aeronautics and FAA Minneapolis ADO to obtain any available property information. The existing Airport Property Map from the ALP will be utilized as reference. CONSULTANT will then conduct research at County Recorder's office for airport property information and interests. Document reproductions for City /Airport parcel deeds and easements as well as adjoining property deeds and easements in favor of the airport will be obtained. 2.0 Field Survey The CONSULTANT will complete a field survey in support of developing an Exhibit A property map. This includes establishing geodetic control, locating in -place section corner monuments, locating property corners, and obtaining information necessary for a metes and boundary survey. Field survey efforts assume all section corner monuments are in -place and accessible, and access to section corners not on City property will be granted by property owners in a timely manner. 3.0 Base Mapping An electronic base map in CAD format will be prepared from the survey information. Information will include airport property boundary, easements in favor of the Airport, easement on Airport property, distance and bearing information, and other reference information as required by FAA. 4.0 Exhibit A Preparation The Exhibit A map will be prepared and related documentation will be packaged according to the FAA's SOP checklist. Task include preparing the Exhibit A map, packaging documentation to FAA standards, and submitting the final documents to FAA for review and approval. TASK 5 — AIRPORT LAYOUT PLAN The Airport Layout Plan (ALP) will be updated to show development recommended in the Master Plan for the Airport over the 20 -year planning period. The CONSULTANT will build upon the existing CAD files and obstruction data to create base files and ALP sheets in AutoCAD format. 1.0 ALP Production The CONSULTANT will produce an ALP set in accordance with the FAA Great Lakes Region ALP Checklist (revised June 2011), draft FAA Standard Operating Procedures (received June 20, 2013), and applicable State of Minnesota standards. Preparation of the ALP will be based on the findings of the previous tasks and will include the following individual drawings: • Title Sheet • Airport Data Sheet • Airport Layout Plan Drawing • Airport Airspace Drawing • Runway 15 Inner Portion of the Approach Surface Drawing \\ Metrosouthl \h \HUTC \T51105897 \7 - Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 22 • Runway 33 Inner Portion of the Approach Surface Drawing • Future Crosswind Runway Inner Portion of the Approach Surface Drawing (2) Terminal Area Drawing • On- Airport Land Use Drawing • Off - Airport Land Use Drawing Airport Property Map Airport Departure Surfaces Note: Some drawings may be combined into one sheet or separated into multiple sheets for clarity. This work includes an update to the Exhibit "A" Airport Property Map to comply with FAA requirements. Data collection related to this effort is identified in Task 4. The Airport Layout Plan will consist of 22" x 34" sheets, containing sufficient data to obtain approval from Mn /DOT Aeronautics and FAA. CONSULTANT will prepare draft versions of the ALP for Airport review. Once approved by the Airport, copies of the ALP will be sent to Mn /DOT Aeronautics for review by their airport development, planning, and operations staff. Comments will be incorporated into the ALP for submittal to FAA for ADO review. A signed copy of the FAA ALP checklist will also be submitted with the ALP submittal to the FAA -ADO for review. If acceptable to the ADO, an electronic version of the ALP will be prepared and uploaded to the Obstruction Evaluation Airport Airspace Analysis (OEAAA) online portal for FAA Lines of Business (LOB) review. The ALP will then be published as a final document for distribution upon receipt of FAA airspace review. The documentation will include the following: • Four (4) Airport draft ALP sets (1 for CONSULTANT and 3 for Airport review) • Five (5) Mn /DOT draft ALP sets (1 for Airport, 3 for Mn /DOT, 1 for CONSULTANT) Five (5) FAA -ADO draft ALP sets (1 for Airport, 3 for FAA, 1 for CONSULTANT) Seven (7) final ALP sets for FAA and Airport signature (2 for Airport, 2 for the FAA, 2 for Mn /DOT, and 1 for CONSULTANT) Two Disks (2) of CAD /Adobe PDF drawings of the final approved ALP The CONSULTANT will develop a transmittal package for each draft submittal which contains required supporting documentation for Mn /DOT and FAA review. This information will include the Executive Summary from the Master Plan. Preparation of these documents will be coordinated closely with Mn /DOT Aeronautics, FAA -ADO, and CLIENT /Airport staff. Final documents will reflect appropriate responses to comments received on draft materials from all reviewing agencies. Deliverables will include and FAA - approved ALP. 2.0 Project Management This ALP effort includes communication among the project team for purposes of tracking the progress of the studies. Managing the various technical work tasks among the project team is necessary for a successful project. Project management duties will include: Developing and documenting the project plan Organizing the project team Launching the project activities Executing project activities Monitoring and controlling the project to achieve results Managing /mitigating risks and solving challenges \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 23 Invoicing and monitoring project budget Regular project status briefings will take place throughout the ALP process. These briefings will take place in person or via a telephone call or an email between the Airport project manager and CONSULTANT's Project Manager or approved staff. These briefings will include status reports of current work, and discussion of any challenges in the study effort which may affect the schedule, process or budget. 3.0 Documentation This effort includes tracking /competing the progress of the FAA Checklist(s) and assembly of the ALP plan sets and required documentation. TASK 6 — FUNDING ADMINISTRATION Funding Administration is necessary to assist the Airport with obtaining funding for the proposed project. Work items are related to the tasks outlined as requirements to formulate, program, obtain, and close the grant for the project. This includes the preparation of necessary FAA environmental documentation and compliance with Disadvantaged Business Enterprise (DBE) requirements. The following tasks will be completed. 1.0 Grant Application and Administration The CONSULTANT shall update the Airport Capital Improvement Plan (ACIP) for the Airport as it relates to the Master Plan and ALP project so that the project is identified for funding. The ACIP will also be updated at the end of the planning project to show new 5 -year planned airport improvements. The CONSULTANT shall also attend ACIP outreach meetings with the CLIENT, Mn /DOT Office of Aeronautics, and FAA. ACIP project engineer's estimates will be updated for projects. FAA project programming papers will be prepared as necessary to provide FAA necessary detail about the project for funding. Discuss project funding, eligibility, and process with FAA. Up to one (1) FAA grant application package for the project will be prepared and submitted to FAA. This will include a funding summary, project description, agreements for work to be performed, and a grant request letter FAA Quarterly Performance Reports will be prepared while the grant is active as required by FAA to report project progress. 2.0 DBE Plan or Update Because this project is not anticipated to use $250,000 in Federal funds in one fiscal year, an updated DBE program will not be developed or updated to meet current 3 -year program standards. 3.0 Prepare Environmental Documentation No Environmental Documentation is necessary to be prepared by the CLIENT for this project. Documentation will be completed by FAA. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 24 4.0 Project Closeout The CLIENT will utilized CONSULTANT assistance to prepare the project closeout. The CONSULTANT shall prepare one (1) FAA long -form grant closeout report for the grant to cover the projects identified in this scope of services. This work includes research to determine final project costs, preparation of the report, coordination with the Airport, State, and FAA -ADO for review, and preparation of final documents for Airport approval. I.B. ADDITIONAL SERVICES Consulting services performed other than those authorized under Section I.B. shall not be considered part of the Basic Services and may be authorized by the CLIENT as Additional Services. Additional Services consist of those services, which are not generally considered to be Basic Services; or exceed the requirements of the Basic Services; or are not definable prior to the commencement of the project; or vary depending on the technique, procedures or schedule of the project contractor. Additional services may consist of the following: 1. Completion of additional special studies not identified in Section I.A. 2. Periodic completion of grant reimbursement requests (i.e. Credit Applications). 3. Attendance of additional meetings beyond those identified in the above scope. These meetings would be authorized as needed by the CLIENT at an hourly basis per meeting. 4. All other services not specifically identified in Section I.A. I.C. CONSIDERATION The services described above in Section I.A. BASIC SERVICES shall be provided as follows: TASK SERVICE DESCRIPTION AMOUNT TERMS 1 Airport Master Plan $121,600.00 Lump Sum 2 Optional Services $4,100.00 Hourly 3 Aeronautical Survey $18,900.00 Lump Sum 4 Exhibit A Property Map $16,400.00 Lump Sum 5 Airport Layout Plan $39,300.00 Lump Sum 6 Funding Administration $8,900.00 Lump Sum TOTAL FEE AGREEMENT $209,200.00 FAA Participation (90 %) $188,280.00 Local Participation (10 %) $20,920.00 Progress payments shall be made in accordance with the Attached Fee Schedule and Section III of the Master Agreement. \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3_FAA (FINAL).doc Page 25 I.D. SCHEDULE TASK SERVICE DESCRIPTION DATE 1 Airport Master Plan July, 2013 — July, 2014 2 Optional Services July, 2013 — December, 2014 3 Aeronautical Survey July, 2013 — February, 2014 4 Exhibit A Property Map August, 2013 — November, 2013 5 Airport Layout Plan* July, 2013 - April, 2015 6 Funding Administration July, 2013 - April, 2015 *Schedule is estimated and depends on actual Mn /DOT Aeronautics and FAA review timeframes. The CLIENT will notify the CONSULTANT in writing to complete portions of or all work in Task 2 — Optional Services. The CLIENT may also complete work in place of the CONSULTANT for any task that has not already been completed at least in part by the CONSULTANT. Notification shall be in writing from the CLIENT to the CONSULTANT. I.E. AUTHORIZATION City of Hutchinson, Minnesota Steve Cook Mayor Jeremy Carter City Administrator Bolton & Menk, Inc. 4 \\ Metrosouthl \h \HUTC \T51105897 \7_ Bidding _Contract_Documents \C_Agreement \HUTCH Work Order 1 AMP v3-FAA (FINAL).doc Page 26 BOLTON & MFNK F 1 510.540. fN cgohate Commct erd Sb C—a, $5,570. t Maregcmcm 57,755. OFAL PHASE I S23,865 lnolvemenl Plaa SO .uic h— lvemenl / Memiaga 519,745 6.0 Pub. 1mo1 -1 / We tine Matcnal. 51020000 SUBTOTALPHASF IT 529,945 70 Dam Collccdon &P,p,t, $1,94000 8.0 E.—S A ryw,t R-- $1137500 9.0 Anahon Dcmend lorecaam $740500 10.0 Dcmead/Cepamty A Iyam 52225 I L0 F..I, y Regmrementa $374500 12.0 Alterre .Armlyam $143850 13.0 Emar —tal 0-- $13325 14.0 Impl. —M han $811000 15.0 Dacumcnletm $5035 SHRED rAI PHASF III TOTAI TASKI - AIRPORT MASTER PLAN 5121,355 10 Agwrt Nonc ModchT S4.11- TOTAL TASK 2- OPTIONAL SERVICFS S4,0660.0 1.0 P'le Management a 2.0 AR— Obgmchon Amlyam $683006 3.0 Olhor Survcylrg $000 TOTAL TASK 3 - AERONAU rICAL SURVEY 58,630.00 1.0 Aupon Pmperly Map (Eah,t t A) 515.715.00 TOTAL TASK 4 - EX IH IBIT A PROPERTY MAP $15,715.00 10 ALP Produchoa $3364500 2 0 P.,- M.-, —* S2 120 m 3.0 Doeumcrtm— c3 480 00 EOTAI TASK 4 - AIRPORT LAYOUT PLAN $39,24500 I.0 Gmm AppkmwnmM Ad-9.h.. $612000 2.0 DRF Plan or Updmc $000 3 0 Prepare F— macmai Docume &— Sow 4.0 Prorcd Cloaeom $278000 TOTAL TASKS - FUNDING ADMINISTRATION $8,9000.1 DETAILED WORK PLAN ESTIMATED PERSON -HOURS AND FEES SPONSOR: CITY OF HUTCHINSON, MINNESOTA PROJECT: 2013 AIRPORT MASTER PLAN PROJECT Nw T51.105897 CONSULTANT: BOLTON & MENK, INC, AIRPORT MASTER PLANNING SERVICES SUB- CONSIII,TANTS Fee r�r+<rt�P� Loafia.�i ASrI:J.rvIFYIN W-RTX ! Fr11P A"I{~ 1faaA wW5 alum RI g>a +a�'J5 kd NwrwhkFwrrl.4w+Mw. 51,�+q {Lary IJ6.2buihASOra P *1 fh.a Agaaf ®ihaa. J acumnl 51:M1 iYl AI. SL1imml.7 IkLmLq EXPENSES Fee r�r+<rt�P� Loafia.�i ASrI:J.rvIFYIN W-RTX ! N'rll".I Ila it I m iH •ni Aw 3 - A rgum IinwAl inrP9T3 a,aer lkd,e Ye Mlfi :aulw• Fm DO {Lary IJ6.2buihASOra P C30 fh.a Agaaf ®ihaa. J acumnl 51:M1 iYl TFFr 41 PXFkV & Iei -m 'EASE BREAKDOWN (INCLUDING EXPENSES) Fee nW I - oAnw FT W&LTrP R AN II Iu ASrI:J.rvIFYIN W-RTX ! ShOm IY Aw 3 - A rgum IinwAl inrP9T3 lftm5 LL �.554:a.1WHIH A ftuxibf PLUVEIrT MNp V06i lr :APk F- &MPLAIT LATUlthM lfl4m F TASK 6- FUNDING ADMINISTRATION I Al4M1 , Iiwpm ArvJfPlFIvf51Yr11 53 7G: In AI.! I3 51n4JUi, lgi TOTAL CORE SERVICES SIK045m TOTAL OPTIONAL SERVICES 54,060.00 \ \Metrosouthl \h\HUTC\T51105897 \7 Bidding Contract _DocumentsSC_Agmement\HCD MP Fee Spreadsheet Jd FINALAs I ASKI - AIRPORT MASTER PLAN $121600.00 TOTALSUB- CONSULTANTS S10,175.00 TOTAL EXPENSES $925.00 TOTAL. S209,m5.00 TOTAL ROUNDP I) t OR LUMP SUM S209,200D0 I ASKI - AIRPORT MASTER PLAN $121600.00 TASK 2- OPTIONAL SERVICES 5410000 TASK 3- ALrRONAUTICAL SURVF Y $18.900.00 TASK 4 - I:XH im T A AIRPORT PROPERTY MAP 516.400.00 TASK 5- AIRPORT LAYOUT PLAN UPDATF $39.30000 TASK 6- FUNDING ADMINISTRATION $890000 TOTAL ROUNDED FOR LUMP SUM $209200 00 TOTAL ANTICIPATED FEDERAL, SHARE (W.) SI88,2g0.00 TOTALANTICIPATF.DLOCAI SHARF(101.) $20.920.00 Page 1 Item N Hasa Pnnclpal $iu111 Sr AVUhon Pmleut Manager 1H111 Sr. EnvirmmentM Planner }141.11 Pmj- Engimrr, 3rarn. Plarmer %10f Lead Avian. Plarmer tl la le Stair/Mi- Pl- J..w Semor CAD /GIS CAD/G'ISTecb,- Teduovan IW, Fngimrr 6d51F $911011 ll6lipM Surveyor SI45.00 Iicenxd L.M fi-nr $105.00 Clarinl Sfy 1111 1-1 Iloum 1 oar Summa 1.0 Pru3ect Formulvhon 0 0 0 0 0 0 0 0 0 0 0 $0.00 42 1 1.1 Pmlect Smpmg M-%, 0 32 0 0 0 0 0 0 0 0 0 32 $5,120.0 71 Developpmlect Scope of Work 6 12 0 4 16 0 0 4 0 0 0 42 $5,42000 $0.00 L--d Totd Person -h- 6 41 0 4 16 0 0 4 0 0 0 74 Summery Cash $960.00 $7,040.00 $0.00 S420.00 1, 60.00 $0.00 50.00 $36000 $0.00 SO.00 $0.00 0 110,54M 20 Pmpam/Negodam Cm-and Sub Conmaeb 0 0 0 0 6 70 $8,!,3000 51 Pmi ct Meetings (3) 53 0 0 _ 12 0 0 0 0 0 16 0 0 0 Eahmated Tool Person -hours 2 20 0 0 16 0 0 0 2 0 0 JII 55,570.00 0 Summery Cash $320.00 $3,200.00 50.00 $0.00 $L 60.00 $0.00 $0.00 $0.00 $290.00 $0.00 $0.00 2 55,570.00 3.0 Project Managemem 0 1 19 52,3850 5.6 COy Coomd /COmml ®IOn /B-d Mecmge(4) 0 12 0 0 12 0 0 0 3.1 Pm /eat Msnogcm rs 6 12 0 0 12 0 0 0 0 0 1 31 $4165.00 3.2 Sp+-1 Coordmetmn 0 8 0 0 S 0 0 0 0 0 1 17 $2125.00 3.3 Comulhm Coordlmhon 0 2 0 0 8 0 n 0 0 0 1 II $1,2650 159 Estimated T-I Person -hours Summsry Casts 6 5960W 22 $3.52000 0 so 00 0 S000 28 83.080.00 0 8000 0 SO OU 0 $000 0 $000 0 $0.00 3 $19500 59 S7,7 -S 519,745.0 6.0 Pubhc lmdvement/ Meeting Matenals 40 P.M. I.K-t Plan 4,1.1. 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 42 1 0 0 0 0 0 0 0 0 0 0 0 0 $000 Estimated Totd Persm -Mars 0 0 0 0 0 0 0 0 0 0 0 0 Summary Cosh $0.00 $0.00 $0.00 .w 0.00 $0.00 $0.00 $0.00 50.00 50.00 $11.00 5.0 Pubhe Involvement/ Me-M 5.1 Advisory Group Meml.a(5) 0 24 0 0 40 0 0 0 0 0 6 70 $8,!,3000 51 Pmi ct Meetings (3) 53 0 0 _ 12 0 0 0 0 0 16 0 0 0 0 0 0 0 0 0 0 0 4 0 32 0 $3,94000 S00 5.4 0 0 0 0 0 0 0 0 0 0 0 0 50 00 5.5 Pm /ect Iff-- ml Meehngs(1) 0 8 0 0 8 2 0 0 0 0 1 19 52,3850 5.6 COy Coomd /COmml ®IOn /B-d Mecmge(4) 0 12 0 0 12 0 0 0 0 0 2 26 $3,3700 5.7 0 2 0 0 10 0 0 0 0 0 0 12 $1,4200 5.8 1 0 0 0 0 0 0 0 0 0 0 0 0 S0.0 Ist WT-1 Person -Mary 0 58 0 0 86 2 0 0 0 0 13 159 Summary Cosh $0.00 $9,280.00 $000 $0.00 $9,460.00 516000 $0.00 50.00 $0.00 so.00 $845.00 519,745.0 6.0 Pubhc lmdvement/ Meeting Matenals 6.1 0 0 0 0 0 0 0 0 0 0 0 0 $0,00 6.2 0 0 0 0 0 0 0 0 0 0 0 0 50.00 6.3 Pmpam Maenng HaMaultand/ar Preseolanom() 4 8 24 0 8 0 0 ft 64 $8,160,00 64 Pmpsre MeeOrg Notes(8) 0 4 0 0 8 0 0 0 0 0 8 20 $2.040.00 6.4 0 0 0 0 0 0 0 0 0 0 0 0 50.00 Lahmated Taml Persao-hnury 0 8 0 8 40 24 0 8 0 0 16 104 Summary Cmb $000 $1,280.00 $0.00 $840.00 $4.400.00 $1,920.00 $000 $72000 $000 50.00 S 1,0-4rO-O 510,200 00 \\ Metrosouthl \h \HUTC \T51105897\7_ Bidding_ Contract _Documents\C_Agmement\HCD MP Fee Spreadsheet Jd FINAL,xls Page 2 Nas 2013 Bdhn_Rates Pnndpel $16000 Sr.A- Project MnnaOer $16000 Sr Envrrvmm -W Planner $13000 P,=Pnpmer, Iran. Phnner 51051111 Lead A, ,W, Planner $11000 SUICIA016, Plsrmer 58000 Senior CAD /Clti feehmdan $9500 CAD /GISTtthm.en, Demlm Pnasmrer 591100 Prinelpd Surveyor $145.110 I.-d l.aml S.-,- 510500 Ckrinl 56500 T. K.I Il rr I Sumn,� 7.0 Data Cou«dan & Property 7.1 Ob- /Review P--, Repod, /Data 0 2 0 0 2 4 0 12 0 0 0 20 SI 9400 Es -d fatal Person -hours 0 2 0 0 2 4 0 12 0 0 _ 0 _ 20 Summary CnsL, 0.00 5320.00 O.OD $0.00 $220.00 $320.00 $0.00 SI.08000 $0.00 50.00 SO.00 $1,940.00 8.0 Edsting Abport Revam 8.1 Conduct Sde lvspeaion /Research 0 4 2 2 4 8 0 4 0 4 0 28 5297000 8.2 Pertbrm B.- Ernimmmemel O-i- 0 2 8 8 12 4 0 4 0 0 0 38 -21111 8.3 Prepare E-I, Famhhes Summery 0 2 4 4 8 16 0 8 0 0 1 43 $420500 Fahmated Total Peman -W- 0 8 14 14 24 28 0 16 0 4 1 109 Summary Cost, $0.00 S1,280.00 S1,820.00 $1,470.00 Szwoct S2.240.00 $0.00 51.440.00 $0.00 5420.00 56500 511,375.00 9.0 Anadon Demand Forecasts 9.1 Conduct A Mr ,t / B.,.,. U., Survey 0 1 0 0 16 8 0 0 0 _ 0 12 37 S.134000 9.2 Pedbrm A- 1- forccmh 9.3 P.M. ..h. fomcem Summery 0 0 0 2 0 0 0 0 8 8 16 8 0 0 0 0 0 0 0 0 0 1 24 19 52,16000 $190500 EWma.d'Totd Peraoo-houm 0 3 0 0 32 32 0 0 0 0 13 80 Summery Cnae 0.00 80.00 0.00 0.00 537520.00 $2,560.00 SO.00 $0.00 $0.00 $0.00 $945.00 87,40100 10.0 Dammd/Capudy Analy v 10.1 Perform D- ..ffCepamty Anrlyda 0 0 0 0 4 8 0 0 0 0 0 12 $108000 10.2 Pre rcA-- /Demand Shmm Eanmand'fatd Pemm -houm. 0 0 2 2 0 0 0 0 4 8 _4 12 0 0 0 0 0 0 0 0 1 1 II 23 $114500 Summery Costs $0.00 5320.00 SOM $0.00 $880.00 $960.00 $0.00 $0.00 $0.00 $0.00 $ $2,22500 11.0 F-103 Regmremen. 11.1 Mt.- -Fuddy Rq... r6s 0 0 0 0 8 12 0 0 1 2 20 SI R4000 11.2 Prepare Flay Regmrcmems Summary 0 2 0 0 8 8 0 0 0 0 1 19 $190500 EstEnated Totd Persoo-hours 0 2 0 0 16 20 0 0 0 0 1 39 Snmme Costs $0.00 MO-00 $0.00 $0.00 S1.760.00 $1.600.00 $0.00 $0.00 50.00 $0.00 565.00 53,745.00 12.0 Alhrnadv,s AnaO}Si, 12.1 F.-,We Altcrmh- 0 1 0 6 12 12 0 4 0 0 35 53.41000 12.2 evelop Altenuhvee Analysis 0 2 0 0 12 16 0 0 0 0 30 52,92000 12.3 Pm Almmehvcs Exhibits 0 0 0 0 4 16 4 24 0 0 0 48 542600 12.4 Pre Alterre-Summa I 8 0 6 12 4 0 0 0 0 1 32 537750 Eshmand TOtd Pervm -boom 1 11 0 12 40 48 4 28 0 0 1 145 Summary Coss, 5160.00 51.760.00 $0.00 51.260.00 $4.41p.00 $3,840.00 $380.00 52.52000 $0.00 $0.00 $65.00 S14 }8500 13.0 Emmmmmtd O-am 13.1 Noise Aasl m, 0 2 0 1 2 0 0 0 0 0 0 5 $645 00 13.2 Compehblc Lerd Usc 0 2 1 8 4 12 0 8 0 0 35 $311000 13.3 HlMne and Archaeolo red 0 0 1 1 0 4 0 1 0 0 0 7 $64500 13.4 WW,Qwl,ty 0 0 0 2 0 0 0 1 0 0 0 3 530000 135 Fmh Wildhfo. Plams 13.6 H-d.. Metcnni,ead Sand Waste Rccyclim Plan 0 0 0 0 1 22 2 2 0 2 0 0 0 0 1 0 2 0 0 0 0 0 4 26 $43000 53,29000 13.7 WcdeM, /Floodplwn 0 1 4 2 0 0 0 2 0 0 0 9 $1,07000 13.8 Perform lmput Arnlyns 0 0 2 4 2 2 0 0 0 0 0 10 $1.060 00 13.9 Emimnmrnml Impact Summery 0 1 2 0 2 0 0 4 0 0 1 10 51,06500 13.10 Prc rc Preferred Aitenmhvc Summa 0 I 2 4 4 0 0 0 0 0 2 13 SI 410 00 Esdmand'1'otd Person -hours 0 7 35 26 16 Is 0 17 0 0 3 122 e'lilu! Si Milo ql Ix Oa 2 I m .n3;m 14.0 ImplemeMafion 14.1 Prcparc Pm /cct Cast Emmares 1 0 0 4 8 0 0 24 0 0 0 37 S.3 62000 14.2 Develop Ph.-ry lmplememdmn Plan 0 0 4 0 8 0 0 0 0 0 0 12 140000 143 Pedorm Cm,ory Revrnue R-.. 0 0 4 0 8 0 0 0 0 0 0 12 51,400 W 14.4 Prepare lmplearcmahon Summary 0 2 0 1 8 4 0 0 0 0 1 16 516900 Esdmand laud Person -hours 1 2 8 5 32 4 0 24 0 0 1 77 Summary Cos. 5160.00 5320.00 SI.040.00 5525.00 $3,520.00 $320.00 50.00 52.U.100 $0.00 $0.00 $65.00 58,110.01 15.0 Dornmentatbn Plan Rert 1 2 0 4 8 8 0 4 0 0 R 3.300.00 xecnM1VC Summers 1 I 0 1 6 2 0 4 0 0 2 17 51.735 00 Lm.., Esmnated TOM Peson-houn. 2 3 0 5 14 10 0 8 0 0 10 52 Summary Cos.' 5320.00 5480.00 50.00 5525.00 51.540.00 $800.00 $000 5720.110 $000 $0.00 965000 $5,03500 \\ MetrosouthIk hW UTC\ T51105897 \7_Bidding_Contraot_Documents \C Agreement\HCD MP Fee Spreadsheet A FINAL.As Page 3 Page 4 Sr. AA-Project Sr. FsrvMsunenml Project h,o- Lead AAaMm hbff /AhaMn Sensor CAD /GIS CAD /GIS'1'ecluddv laarnved Lend Item P.-,Pal Manager Planner Pram. Plarmer Pimmer Planner '1'echmdan DeA. Fnpseer Principal Survey- Surveyor Ckrieal N 201369111 Ratrs $16000 $160.00 $13000 5105 -M SI HLOD 58(L00 "am SSd I% $1*)Il 5705.00 565.00 Dow. S,monii I0 Estu M 7'ota1 Person -hours 0 4 0 0 16 16 4 0 0 1.0 Pm ect Mane ent 1.1 Pm ect Mere emem, DI-bles 0 2 0 0 12 2 0 0 0 0 0 16 $I 80000 12 Estunated rota)P -a -Mon 0 2 0 0 12 2 0 0 0 0 0 16 58,545.0 1.3 Summary Costs 50.00 $320.00 $0.00 50.00 $1,320.00 $160.OD $0.00 50.00 $0.00 000 $0.00 30 SI,80000 2.0 Alternative Ok two Ambvis 0 0 0 0 4 0 6 0 2 0 0 12 $1.300. 2.1 22 Develop 1-pacc Model, Develop Ob0wt,,, Esh,his 0 0 1 1 0 0 0 0 4 6 12 8 0 6 36 0 0 0 0 0 0 17 57 51,56000 $5,270.00 EatumMd Total Person -Muss 0 2 0 0 10 20 6 36 0 0 0 74 515,715 S-a,y C.. $0.00 $32000 $0.00 5000 $1 100.00 511600.00 S570.00 $3,240.00 SD.00 $0.00 $ .0 56,830.00 3.0 Other S-n in 3 1 P--d sue.y haemand Total Penwn -h.- 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 50.00 Summery Cash 0.00 $0.00 $000 50.00 $0.00 $0.00 50.00 5000 .00 50.00 $000 _ SO00 1.0 Airport Pmperty Slap (Elb,t A) 1.1 Records Research 0 0 0 0 2 0 24 0 2 0 0 28 52,790. 12 FddS 0 0 0 0 0 0 16 0 5 60 0 81 58,545.0 1.3 B- mm" 0 0 0 0 2 0 24 0 4 0 0 30 53,080.0 1.4 Exh�btA Pre moon 0 0 0 0 4 0 6 0 2 0 0 12 $1.300. F C..Od Total Pe..r hors 0 0 0 0 8 0 70 0 13 60 0 151 Summary Costs $0.00 $0.00 50.00 $0.00 $880.00 $0.00 $6.650.00 $0.00 $1,885.00 $6,300.00 5000 515,715 l \Metrosouthl\h\HUTC\T51105897\7 6ldding Contract _DocumentslC_AgmemenhHCD MP Fee Spreadsheet 0 FINAL. xis hui A, 2013 Billie- Rate. PO-Pal $101.00 Sn A-da ,Proleot Manager $16000 Sr hrrvm-"td Planner 5130.00 Pr.leet tn�rxer, Irarce I'Imner S., 00 1,-d X nhnn Pl mnc� 511000 SnR /Aaaamn Pl- 58000 Semor CAD /CIS CAD/GISlrch -, Techiaan D-M hn ®near 59500 $9000 PnnwP.] S."., 3145.01 Llcrnud lrnd Survey., $105.00 Clerical 565.1111 Tor.] 11- Coat Summ 10 I I ALP Pr dumm Tele. eat 0 0 0 J 2 8 0 0 0 0 0 10 586000 12 Airport D.t Shcelc 0 0 0 0 4 16 0 0 0 0 0 20 SI 72000 13 AM- layout Plon D,m.g 0 1 0 0 4 24 2 0 0 0 0 31 5271000 I4 Anpon Layom Plan Dmwn 0 1 0 0 4 16 0 0 0 0 0 21 S1880DO 1.5 Aur ,t eV,mp Dmwmg 0 0 0 0 1 12 2 0 0 0 0 IS SI1fi000 I.b Rumvar l5. lrvxrA roach Smfcc Draw�w. 0 0 0 0 4 24 2 0 0 4 0 34 $297000 1.7 Rumvo 331nnerA rouh Surface Drawler 0 0 0 0 4 24 2 0 0 4 0 34 $2,97000 1.8 Cmaawlnd l,-,A ranch Surface Dmw1 0 0 0 0 4 24 2 0 0 4 0 34 52,97000 1.9 Cmsawlm I-,A mach Surface lhewl 0 0 0 0 4 24 2 0 0 4 0 39 $297000 1! 10 TermlwI A, lJmwl 0 0 0 0 2 20 0 0 0 0 0 22 SI,82000 1 I O -Aupan Lend Uu Umwi 0 I 0 0 2 16 0 0 0 0 0 $166000 112 Oo-A,M.,t Land U. D..M 0 1 0 0 2 16 0 0 0 0 0 i9 19 $166000 113 Anport Property Map 0 0 0 0 4 16 0 0 4 4 0 28 52,72000 1 14 Anport Ueparl.re Surf... Map 0 0 0 0 2 16 1 0 u 0 0 19 SI 59502 1 15 Add.. MNDOT Aerommsa Rcview Comment 1 2 0 0 6 12 0 0 0 0 0 21 $2 10000 116 Address FAA R... Commcma 1 2 0 0 6 8 0 0 0 0 0 17 $178000 Eatmated T-1 Perron -hour 2 8 0 0 55 276 13 0 4 20 0 378 Summa C.tt 5320.00 $1,280.00 $0.00 $0.00 56,05000 $22.080.00 SI.235.00 $0.00 $580.00 $2.100.00 $0.00 533,645.00 2.0 Project hfamgement 2.1 Pmlca M,mgemcm Eati -d Total P-hurs 2 2 3 3 0 0 0 0 12 12 0 _ 0 0 0 0 0 0 0 0 0 0 17 17 $11200 Summery Coat 5320.00 5480.00 $0.00 $0.00 51,320.00 $0.00 SUO soloo $0.00 $0.00 5000 $2,120.06 to n«aroemamn 31 Pmpem ALP Chmkhn 0 1 0 0 4 4 0 0 0 0 9 $920.00 12 Prepare A1ryort Layout Plan Set, Submnala F.d...d'r -1 Pers ho- Summery Coat 0 0 O.Ip 2 3 $480.00 0 0 0,00 0 0 00 4 8 880.00 16 20 1,600.00 0 0 $000 _ 0 30 ^^ 0 0 5000 0 0 5000 8 8 $520.00 30 39 52.56070 53,JA0.011 10 Grant Applind.n and Admmttrad.n Estimated Tot.] Pe ho- 2 16 0 4 16 0 0 6 0 0 8 52 $6.12000 Summery C- 5320.00 52,560.00 $0.00 5420.00 51,760.00 SO.00 $0.00 $540.00 $0.00 $0.00 $52000 $6,120.0 20 Estunated rot.] Persmr -hours 0 0 0 0 0 0 0 0 0 0 0 0 50.0 Sunnnnn C.", 1000 $0.00 $0.00 $0.00 $0.00 $0.00 $000 50.00 50.00 $0.00 SO.00 SOW 34 43 Ya..- ,`+- .,:- ,.+,.....- Fwr.i3.RG%s+.�iw 11 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 $0.00 $0.00 4-i --- 0 0 0 0 0 0 0 0 0 0 0 0 $_000 Eatmated Tor.] Persm -hors 0 0 0 0 0 0 0 0 0 0 0 0 Summary Coat $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 .00 80.00 40 Pmj- Clouout Eah rod Total Person -hours 1 4 0 0 8 4 0 0 0 0 12 29 52.780.00 Summery C.st $16000 5540.00 $0.00 5000 $MOO $320.00 $000 $000 5000 $0.00 578000 S2,7M 00 1 \MetrosouthM\HUTC \T51105897\7 Bidding ContmaLDocumentskC Agmement\HCD MP Fee Spreadsheet v3 FINAL As Page 5 HUTCHINSON CITY COUNCIL "f,44� Request for Board Action 7AL =-m-? Agenda Item: Authorizing Resolution 14171 for the Sale of the 2013 G.O. Improvement Bonds Department: Administration LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: On an annual basis, the City of Hutchinson issues 429 General Obligation Improvement Bonds to fund major capital expenditure projects. The first step in this process is for council to authorize a resolution to move forward with providing a bond issuance. Once the resolution is approved Ehlers, the City of Hutchinson's financial advisors, will initiate the process, start putting together documents in conjunction with city staff, coordinate a bond rating call between a rating agency, Ehlers & city staff and start soliciting and collecting competitive bids on behalf of the City of Hutchinson. The proposed Debt Issuance Schedule is provided in the Pre -Sale Report, which accompanies this board action form. If the bond issuing schedule is adhered to the proceeds from the bond issuance will be received by the City of Hutchinson on the date of the closing. These proceeds will provide a major part of the funding source to pay for the costs of the 2013 projects. The debt payments that follow as a result of issuing bonds will be paid for from debt tax levy dollars and special assessments and fall under the guidelines of the City of Hutchinson's Debt Management Plan. If there are any questions on the Pre -Sale report or questions on issuing this year's General Obligation Bonds please let me know. BOARD ACTION REQUESTED: Approval of the Resolution 14171 Providing for the Sale of General Obligation Bonds, Series 2013A. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: ■ Debt Issuance Services July 9, 2013 Pre -S.- ',o Report for $2,230,000 General Obligation hnprove�r e� I Bonds, Series 2013A City of Hutchinson, Minnesota EHLERS LEADERS IN PUBLIC FINANCE Prepared and Presented by: Bruce K :mmel, CIPFA Senior Financial Advisor And (Vick Anhut Financial Specialist �Ann mehlers- inc.co+i I Minnesota phone 651- 697.8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651 -697 -8555 Roseville, MN 55113 -1122 toll free 800- 552 -1171 E L [J Executive Summary of Proposed Debt Debt Issuance Services Proposed Issue: $2,230,000 General Obligation Improvement Bonds, Series 2013A Authority: The Bonds are being issued pursuant to Minnesota Statues, Chapter 429 and 475. Because the City assessing at least 20% of the project costs, the Bonds can be a general obligation without a referendum and will not count against the City's debt limit. Purposes /Funding Sources: The proposed issue includes financing for the following projects in the City's 2013 Infrastructure Plan: • Jefferson Street Reconstruction — Phase I 0 2013 -2014 Pavement Management Program • TH 15 and CSAH 115 Roundabout • South Grade Road Bridge Replacement 0 Water Treatment Plant 0 McLeod Rail Authority improvements 0 City Parking Lot Improvements The Bonds are structured to mature February 2015 through 2029 (Fiscal Years 2014 through 2028), with special assessments revenues paying a portion of the Bonds' Debt Service in FY 2014 through 2023. Net of assessment revenues, the maximum projected annual City levy requirement is approximately $141,737. Term /Call Feature The Bonds are being issued for a 15 year term. Principal on the Bonds will be due on February 1 in the years 2015 through 2029. Interest is payable every six months beginning August 1, 2014. The Bonds maturing February 1, 2023, and thereafter will be subject to prepayment at the discretion of the City on February 1, 2022 or any date thereafter. Bank Qualification Because the City is issuing less than $10,000,000 in the calendar year, the City will be able to designate the Bonds as "bank qualified" obligations. Bank qualified status broadens the market for the Bonds, which can result in lower interest rates. Presale Report July 9, 2013 City of Hutchinson, Minnesota Page 1 ETEI. Debt Issuance Services Rating: The City's most recent bond issues were rated "AA -" by Standard & Poor's. The City will request a new rating for the Bonds. If the winning bidder on the Bonds elects to purchase bond insurance, the rating for the issue may be higher than the City's bond rating in the event that the bond rating of the insurer is higher than that of the City. Method of Sale /Placement: In order to obtain the lowest interest cost to the City, we will solicit competitive bids for purchase of the Bonds from local banks in your area and regional underwriters. We have included an allowance for discount bidding equal to 1.0% of the principal amount of the issue. The discount is treated as an interest item and provides the underwriter with all or a portion of its compensation in the transaction. If the Bonds are purchased at a price greater than the minimum bid amount (maximum discount), the unused allowance may be used to lower your borrowing amount. Review of Existing Debt: We have reviewed all outstanding indebtedness for the City and find that, other than the obligations proposed to be refunded with the Bonds, there are no other refunding opportunities at this time. We will continue to monitor the market and the call dates for the City's outstanding debt and will alert you to any future refunding opportunities. Continuing Disclosure: Because the City has more than $10,000,000 in outstanding debt (including this issue) and this issue is over $1,000,000, the City will be agreeing to provide certain updated Annual Financial Information and its Audited Financial Statement annually as well as providing notices of the occurrence of certain "material events" to the Municipal Securities Rulemaking Board (the "MSRB "), as required by rules of the Securities and Exchange Commission (SEC). The City is already obligated to provide such reports for its existing bonds, and has contracted with Ehlers to prepare and file the reports. Arbitrage Monitoring: Because the Bonds are tax - exempt securities/tax credit securities, the Issuer must ensure compliance with certain Internal Revenue Service (IRS) rules throughout the life of the issue. These rules apply to all gross proceeds of the issue, including initial bond proceeds and investment earnings in construction, escrow, debt service, and any reserve funds. How issuers spend bond proceeds and how they track interest earnings on funds (arbitrage /yield restriction compliance) are common subjects of IRS inquiries. Your specific responsibilities will be detailed in the Signature, No- Litigation, Arbitrage Certificate prepared by your Bond Attorney and provided at closing. You have retained Ehlers to assist you with compliance with these rules. Presale Report City of Hutchinson, Minnesota July 9, 2013 Page 2 ■ ❑❑ Debt Issuance Services Risk Factors: Special Assessments: We have assumed $697,413.04 in pre -paid special assessments from the school district and Hutchinson Health from their portion of the City Parking Lot Improvements. All other assessments are assumed to be levied for collection starting in fiscal years 2014 - 2023. If the City receives a significant amount of pre- paid assessments above this amount, it may need to increase the levy portion of the debt service to make up for lower interest earnings than the expected assessment interest rate. Proposed Debt Issuance Schedule Pre -Sale Review by Council: Distribute Official Statement: Conference with Rating Agency: City Council Meeting to Award Sale of the Bonds: Estimated Closing Date: Attachments Sources and Uses of Funds Proposed Debt Service Schedule Bond Buyer Index Resolution Authorizing Ehlers to Proceed With Bond Sale Ehlers Contacts: July 9, 2013 Week of July 29`x' Week of August 5`h August 13, 2013 On or about September 10, 2013 Financial Advisors: Bruce Kimmel (651) 697 -8572 Nick Anhut (651) 697 -8507 Disclosure Coordinator: Pia Troy (651) 697 -8556 Bond Sale Coordinator: Alicia Baldwin (651) 697 -8523 Financial Analyst: Alicia Gage (651) 697 -8551 The Official Statement for this financing will be mailed to the Council members at their home address or e- mailed for review prior to the sale date. Presale Report Juiy 9, 2013 City of Hutchinson, (Minnesota Page 3 Hutchinson, Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Issue Summary Assumes Current Market SQ AA- rates plus 15bps Total Issue Sources And Uses Dated 09/15120131 Delivered 0 9/1 512 01 3 6,850.00 15,450,00 22,300 -00 Assessment Issue 29,098.67 Portion City Portion Summary 1,361,035.00 1,499,532.00 2,860,567.00 Sources Of Funds 1,626.73 919.33 Par Amount of Bonds $685,000.00 $1.545,000.00 $2,230,000.00 Prepaid Assessments 697,413.06 697,413.06 Total Sources Uses Of Funds $1,382,413.06 $1,545,000.00 $2,927,413.06 Total Underwriter's Discount (1.0000,'o) 6,850.00 15,450,00 22,300 -00 Costs of issuance 12,901.33 29,098.67 42,000.00 Deposit to Project Construction Fund 1,361,035.00 1,499,532.00 2,860,567.00 Rounding Amount 1,626.73 919.33 1546.06 Total Uses $1,382,413.06 $1,545,0011.00 52,927,413.06 Series 2013A t30 Imp Bonds 1 Issue Summary 1 7/212013 14:08 PM EHLERS LEADERS IN PUBLIC FINANCE Hutchinson, Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Issue Summary Assumes Current Market BQ AA- rates plus 15bps Debt Service Schedule Date Principal Coupon Interest Total P +1 105 °k of Total Assessments Levy /(Surplus) 02/01/2014 - 02/01/2015 145,000.00 1.000% 79,418.56 224,418,56 235,639.49 93,902.51 141,736.98 02/01/2016 165,000.00 1.300% 56,192.50 221,192.50 232,252.13 91,148.48 141,103.65 02/01/2017 160,000.00 1.600% 54,047.50 214,047.50 224,749.88 88,394.45 136,355.43 02/01/2018 165,000.00 1.900% 51,487.50 216,487.50 227,311.88 85,640.42 141,671.46 02/01/2019 165,000.00 2.150% 48,352.50 213,352.50 224,020.13 82,886.38 141,133,75 02/01/2020 165,000.00 2.3500/a 44,805.00 209,805.00 220,295.25 80,132.34 140,162.91 02/01/2021 165,000,00 2.6001/6 40,927.50 205,927.50 216,223.88 77,378,31 138,845.57 02/01/2022 165,000.00 2.8500/. 36,637.50 201,637.50 211,719.38 74,624.28 137,095.10 02/01/2023 170,000.00 3.000% 31,935.00 201,935.00 212,03175 71,870.25 140,161.50 02101/2024 170,000.00 3.150% 26,835.00 196,835.00 206,676.75 69,11622 137,560.53 02/01/2025 110,000.00 3.300°/ 21,480.00 131,48000 138,054.00 - 138,054.00 02/01/2026 115,000.00 3.4500/6 17,850.00 132,850.00 139,492.50 139,492.50 02/01/2027 120,000.00 3.6000/6 13,882.50 133,882.50 140,576.63 140,576 63 02/01/2028 125,000.00 3.750"/0 9,562450 134,562.50 141,290.63 141,290.63 02/01/2029 125,000.00 3.900% 4,875 -00 129,875.00 136,368.75 136,368.75 Total $2,230,000,00 - $538,288.S6 $2,768,288.56 52,906,702.99 5815,093.64 $2,091,609.35 Significant Dates Dated First Coupon Date Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIQ True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2013A GO Imp Bonds I issue Summary 1 7/2/2013 14:08 PM EHLERS LEADERS IN PUBLIC FINANCE 9/15/2013 8/01/2014 $17,752.44 7.961 Years 3.0321940% 3.1578105% 3.1385763% 2.9930553% 3.4183827% Hutchinson, Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Assessments Equal Principal - I% over TIC Assessments Date Principal Cou on Interest Total P +I 12/31/2014 66,36220 4 1500% 27,540.31 93,902.51 12/31/2015 66,362.20 4.1500/a 24,78618 91,148.48 12/31/2016 66,36220 4.150% 22,032.25 88,394.45 12/31/2017 66,36220 4.150% 19,278.22 85,640.42 12/31/2018 66,362.19 4.150% 16,524.19 82,886.38 12/31/2019 66,362.19 4.150% 13,770,15 80,13234 12/31/2020 66,362.19 4.150% 11,016.12 77,378.31 12/31/2021 66,362.19 4.150% 8,262.09 74,624.28 12131/2022 66,362.19 4.150% 5,508.06 71,870.25 12/31/2023 66,362.19 4,150% 2,754,03 69,116.22 Total $663,621.94 - $151,471.70 $815,093,64 Significant Dates Filing Date First Payment Date Senes 2013A GO Imp Bonds 1 SINGLE PURPOSE 1 712/2013 1 4M PM EHLERS LEADERS IN PUBLIC FINANCE 1/01/2014 12/3112014 6.00% 5.50°/0 5.00% 4.50% 4.00% 3.50% 3.00% 5 YEAR TREND IN MUNICIPAL BOND INDICES Weekly Rates July, 2008 - July, 2013 Jan 09 Jul 09 Jan 10 Jul 10 Jan 11 Jul 11 Jan 12 Jul 12 Jan 13 5 Year BBI Average (4.31 %) — BBI (Current: The Bond Buyer'20 Bond Index' (BBI) shows average yields on a group of municipal bonds that mature in 20 years and have an average rating equivalent to Moody's Aa2 and S &P's AA. E H L E R S Source: The Banal Buyer LEADERS IN PI)OUC FINANCE Resolution No. 14171 Council Member introduced the following resolution and moved its adoption: Resolution Providing for the Sale of $2,230,000 General Obligation Improvement Bonds, Series 2013A A. WHEREAS, the City Council of the City of Hutchinson, Minnesota, has heretofore determined that it is necessary and expedient to issue the City's $2,230,000 General Obligation Improvement Bonds, Series 2013A (the "Bonds "), to finance planned improvements in the City; and B. WHEREAS, the City has retained Ehlers & Associates, Inc., in Roseville, Minnesota ( "Ehlers "), as its independent financial advisor for the Bonds and is therefore authorized to solicit proposals in accordance with Minnesota Statutes, Section 475.60, Subdivision 2(9); NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, as follows: 1. Authorization, s. The City Council hereby authorizes Ehlers to solicit proposals for the sale of the Bonds. 2. Meeting: Proposal Opening. The City Council shall meet at 5:30 p.m. on August 13, 2013, for the purpose of considering sealed proposals for and awarding the sale of the Bonds. 3. Official Statement. In connection with said sale, the officers or employees of the City are hereby authorized to cooperate with Ehlers and participate in the preparation of an official statement for the Bonds and to execute and deliver it on behalf of the City upon its completion. The motion for the adoption of the foregoing resolution was duly seconded by Council Member and, after full discussion thereof and upon a vote being taken thereon, the following Council Members voted in favor thereof: and the following voted against the same: Whereupon said resolution was declared duly passed and adopted. Dated this 9" day of July, 2013. City Clerk HUTCHINSON CITY COUNCIL ci =y�fAa� Request for Board Action 7AL Z-vz Agenda Item: Discussion of Allowing Huey Helicopter to be Placed in Veterans Memorial Park Department: Administration LICENSE SECTION Meeting Date: 7/9/2013 Application Complete N/A Contact: Jeremy Carter Agenda Item Type: Presenter: Jeremy Carter Reviewed by Staff ❑ New Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: A workshop was held on June 25, 2013, regarding the possible placement of a helicopter in Veterans Memorial Park as requested by local veterans. Attached is a description of the request. At the workshop, the Council indicated that the topic would be discussed and decided on at the July 9, 2013, City Council meeting. BOARD ACTION REQUESTED: Accept or reject placement of Huey helicopter in Veterans Memorial Park. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: 5, 6 years ago we had what we thought was approval to proceed with a helicopter memorial at the McLeod county Veteran's memorial park. Many phone calls, paper work and leg work to keep the process alive. We found out recently we needed formal approval from the city to proceed, if and when a helicopter becomes available. There are over 200 requests for static display helicopters now, an we are e to believe we are in the top 20 for acquisition. When one becomes available, we need to act quickly and have all paperwork in order. The city will have no expenses and all work, transportation, prep work, completion of project has been lined up privately. There will be a miniscule foot print in the park, northwest corner. (3 sq ft on the ground, rest on a pedestal) There has been overwhelming support from the committee and all county organizations (Veteran). We have heard from very few that this is a war machine. We believe it is a dignified reminder of the price of peace and freedom. This display shows what it is to preserve hundreds of thousands of lives. Just short of a 1,000,000. The total number of crew and people scarified in Hueys is 2709 total people. 3305 helicopters destroyed but all served a purpose — freedom. Ask any vet what he or she thinks, and without that helicopter many soldiers and civilians wouldn't be alive or have freedom. In 3 tours in a helicopter company in Vietnam we never left the base in the morning with the intention of killing the enemy. All missions were defensive, hauling supplies, bringing civilians out of harms way, or medivac wounded, so it is not correct to call this a war machine. The reason there are not more helicopters in parks is that they are very difficult to get. Many requests, not many helicopters. We have done all the work and know who to contact, most parks don't. Most parks want one. I've heard the park should be about flowers and serenity. That is great, but this is not the Como park conservatory. This is a Veterans park. Every veteran I have talked to supports this notion. There are plenty of parks and areas in the city if we want just flowers and serenity. We pay $5000 a year for maintenance. Is it enough — probably not. But what do other parks contribute. (Boy Scouts, AFS, Chief Little Crow) Parks are not money generating areas, but a reward for having a beautiful city and the enjoyment of all. My two daughters went to the Vietnam wail — very respectful — would like to see a helicopter memorial. They don't see it as a war machine, but a freedom bird. 17 states are on registry at this park. This park creates business opportunities (gas, food, shopping, motels) 3 funerals already in the park — more to come. National legion commander wants to see the park — heard about it. 1. No dummy pilots in memorial huey 2. Afghan and Iraq plaques will be added —� /ii , /0 uf��i'n�5 Resource Allocation Committee June 4, 2013 4:00 PM Hutchinson City Center Attendees: Steve Cook, Mary Christensen, Jeremy Carter, Andy Reid, Kent Exner (Committee Members) John Olson, Lee Miller (Contributing Participants) Meeting Minutes 1. 2013 Infrastructure Improvement Plan — review identified project scopes, costs and timeframes - Kent E. reviewed the current 2013 Infrastructure Improvement Plan worksheet. The major items of discussion included the project delivery and costs associated with the Railroad Depot and 2013 City Parking Lot Improvements projects. The overall plan monetary amounts appear to be aligning well in an effort to be below the $1.5M bonding target and to have appropriate contributions for the respective funding sources. 2. City Parking Lot B — review project scope and estimated assessment amounts - Kent E. reviewed the estimated special assessments that are proposed to be administered against benefitting properties adjacent to City Parking Lot B. At this point, RAC members agreed that the actual construction bids should be received and analyzed prior to determining the exact assessment amounts. 3. Greens Development Trail Partnership — review arrangement for City to utilize /improve existing trail - John O. reviewed the status of his discussions with The Greens development's homeowners association relative to the potential transfer of trail facilities to the City. RAC members agreed that pursuing a more significant financial contribution from their association to improve/reconfigure the existing trails would be appropriate. City staff anticipates having feedback/ information to allow for the City Council's consideration at their June I Ph meeting. 4. Historic Street Name Signs — review locations, implementation timeframes and costs - John O. reviewed the implementation of and costs associated with the installation of historic street name signs within the downtown area. RAC members agreed that this item should be further examined and potentially brought to the City Council at their June 25`h meeting. 5. Other Discussion Hutchinson Public Library Board Minutes Monday, June 03, 2013 Present: Dianne Wanzek, Roger Vacek, Mary Christensen, Julie Lofdahl, Jon Ross, Steve Bailey, Stacey Nass and Mary Henke, Ex- Officio. Absent: None Guest: None Roger Vacek called the meeting to order. The minutes from the April meeting were reviewed. Jon Ross motioned to approve the minutes and Mary Christensen seconded the motion. Motion passed. Roger presented a report on the PLS Board meeting of May 16, 2013. PLS budget approved. Roger and Mary discussed PLS hierarchy for the benefit of the new members. Budget information was reviewed. (See Roger's documentation). Periodic budget for Hutchinson Library is $4700 /year for approximately 100 magazines, newspapers and a newspaper database. The Pioneerland Library System spends about $51,377 annually for periodicals of which $36,960 has been spent in the first quarter of 2013. Introductions were done as it was Steve Bailey's first meeting with the board. Old Business: I. Letty Bernhagen's presentation on her self - published book "Red Sink, Blue Soap" on Monday, May 13`h and Tuesday, May 14`h was well attended. Monday evening brought in 82 people and Tuesday evening there were 10 in attendance. 2. Public Health for Libraries. Mary Henke gave a brief update to the board regarding a grant that the Heart of Hutchinson is applying for through Blue Cross Blue Shield. At this time there is has been no confirmation that the grant will be awarded or denied. The $40K in grant money is to be used for health initiative projects aimed to improve family, neighborhood and social connections through the library. If the grant is awarded a half time position will be created to coordinate the project. If awarded the funding will be used to pay a % time position to administer the grant, programming, and health related videos and books. 3. Library Historical Records —Mary Henke discussed the historical library records with Melissa Starke. The city of Hutchinson officials felt that the records would be best in the hands of the McLeod County Historical Society as they have the means to best preserve these documents. Stacey Nass moved that the library donate the documents to the historical society. Diane Wanzek seconded the motion. All in favor, motion passed. Mary Henke will make arrangements for the transfer of these documents from the public library to the historical society. 4. Retirement party for Mary Henke will take place on her last day of work at the library, Friday, June 7 t1'. Cake, cookies, coffee and lemonade (no ice cream) will be served from 4:00 -6:00 pm. All arrangements have been made. Board members may want to arrive around 3:15 to make sure everything is set up properly. New Business: 1. Head Librarian Interviews — more have been conducted. Roger Vacek, who is on the search committee, informed the board members that 4 interviews took place of which two were particularly outstanding. An offer has been made to the top candidate. There has been no confirmation at this point as to whether that offer has been accepted. In the interim, many of the head librarian duties have been delegated to library staff members until the new head librarian is in place. 2. McLeod County Legacy Funds — McLeod County currently has $7808 for 2013 available between the four libraries for legacy programming. Mary Henke suggested that some of the funding be used by Lori at the McLeod County Historical Society and HCVN to create videos of the three "Bringing Books to Life" truck series. The videos could then be shown in conjunction with the props (truck) without having to provide a live actor /actress. The cost would be approximately $2500 to produce the videos. The McLeod County Head Librarians agreed that this would be a good use of Legacy funding. Qioneerland would still need to approve the used of Legacy funds for this project. A bus trip using Legacy funding was also discussed. Mary Henke suggested that there has been much interest in making a trip to Fort Snelling this year. A least one bus load of people from Hutchinson would be required, possibly two depending on cost and interest. Legacy funds require that the event be tied to a Minnesota connection. Board members discussed a few alternative trip ideas. Board members are encouraged to consider and make other suggestions regarding Legacy trip ideas. The remainder of the Legacy funding will be split between the four libraries to be used on local programming at their own discretion. Next Meeting date is Monday, June 24`d at 4:30. Sherry Lund would like to present information to the board regarding the summer reading program. Dianne motioned for the meeting to be adjourned and Julie Lofdahl seconded the motion. Meeting adjourned. Notes submitted by Stacey Nass 06/04//13. Highlights of ILLS Board meetings, Thursday June 20, 2013 6 :30 20 7 MW Finance Committee 7 :00 to &15 P M [ward Rflea ng 1. Finance Committee and Board approved the May 2013 Financial Report. See attached. 2. Approves: PUS Admin seek consultant bids (RFP) to conduct a Salary survey and Job description study of PLS librarians and PLS staff. Last survey was done in 2001. Since then several head librarians are directing more than one library. Also several current librarians are near retirement. PLS wants to be prepared to offer competitive salaries to hire new librarians. 3. Approved: New Hires: Pamela Dille Head Librarian Hutchinson /Winsted Bonita Kluver, Jim Daly, Linda Schmidt: Assistance I and If for Kerkhoven, Madison, and Ortonvile 4. The 2014 budget requests will go to cities and counties in July. The Preliminary 2014 budget will be presented to the PLS board for approval at the October meeting. S_ Evaluations: Executive Director and Director of Librwy Operations: Evaluation summaries of both positions were presented from Peer groups and from PLS board members. In summary the evaluations were positive and both Laurie and Mark exceeded expectations. The PLS board approved a hiring incentive payment to Mark Ranum and a bump in scale for Laurie Ortega. 6. The next period Strategic Planning process will include board members and staff and will cover years 2014 thru 2016. The first meetings will start during this summer /fall. Roger Vacek 6 -24 -2013 �1! Summer - Enjoy it, it goes quick! To: The Resident's of the Hutchinson Fire District, City Councils, Township Boards, and Visitors to the City web -site From: Brad Emans, Fire Chief Date: 07/01/2013 This is the official monthly report on the various activities of the Hutchinson Fire Department for June 2013. Fire Department Response: The Fire Department responded to 38 emergency calls for service in the month of June. "Fire Officer Only" Response: A "fire officer only" responded to 9 calls in June savin g the Hutchinson Fire District the cost of a "general" alarm estimated at $1,638.00 for the month. Response Time: First Truck "Out of the Door ": June — 3 minutes 31 seconds. Example of a Few of the Calls your FD responded to: • A Fire Officer responded to a "smoke smell" in an apartment unit in the southeast part of the city. Upon investigation the fire officer determined that the resident plugged in and then operated the wall air conditioner while the winter cover was still on. The fire officer checked the area for possible fire extension with the TIC (Thermal Imaging Camera); 1 • Firefighters responded to an unusually high number of motor vehicle accidents with injuries in June: 1. One vehicle rollover in the northwest section of the district- 7 2. Two vehicle crash in the southwest section of the district; 3. Two vehicle crash in the southwest section of the district; 4. One vehicle rollover (ATV) in the southwest section of the district; 5. Two vehicle crash in the northwest section of the district; 6. Two vehicle crash in the northwest section of the city; 7. Two vehicle crash in the southwest section of the city; 8. Two vehicle crash in the southeast section of the district; 9. Vehicle vs. bicycle crash in the southeast section of the district; 10. One vehicle (motorcycle) crash in the southwest section of the district; • Firefighters assisted HPD with a report of a missing child in the northeast part of the city. The child was thankfully found unharmed; • Firefighters responded to a fire alarm at an apartment building in the southwest part of the city. The cause of the alarm was burnt food from an unattended stove. The building alarm was activated when the tenant returned home and opened the apartment door, which set off the alarm for the entire building. Firefighters checked the stove area with the TIC and then ventilated the unit; • Firefighters responded to a call of "smoke" in an apartment building in the southwest part of the city. Upon arrival firefighters found an apartment with smoke in it. Firefighters removed the renter, determined the smoke was coming from burnt food in the microwave, ventilated the unit, and then checked the kitchen area with the TIC; • A Fire Officer responded to a `recreational fire" complaint. The fire was too big per fire code, and the smoke was going into the neighbors house; • Firefighters responded to an alarm at the Nursing home located in the southeast part of the city. Upon arrival the incident commander was informed that smoke was present in the basement. Upon entry it was determined that a commercial clothes dryer was on fire. Firefighters ventilated the smoke from the various offices and work areas in the basement. Fortunately, none of the residents were affected. • Page 2 Type of the Calls for the Month: City Type of Call Number Residential 2 Commercial /Industrial 7 Multi-Family 4 School 1 Grass 0 Medical 2 CO 0 Rescue 3 Haz -Mat Leak/Spill 2 Vehicle 0 Sky -Warn 1 Mutual Aid 0 Total 22 Structure Fires 0 Arson 0 Rural Type of Call Number Residential 0 Commercial / Industrial 1 School 0 Farm Building 0 Grass 0 Medical 6 CO 1 Rescue 8 Haz -Mat Leak/Spill 0 Vehicle 0 Mutual Aid 0 Total 16 Structure Fires 0 Arson 0 • Page 3 Training: Firefighters Trained on the Following Topics /Equipment: • Firefighters trained on incident command, scope of command, and fire ground tactics; • Firefighter trained on advanced rescue techniques using the thermal imaging camera; • Firefighters spent nine hours cleaning up and rearranging the FD training site; • Firefighters trained on rural fire tactics, tanker operation, water movement, and shuttling of tankers. Fire Prevention / Public Relations / Other Information: • The FD completed the "Badge Pinning Ceremony" for the five new firefighters after they completed their Firefighter I Certification; • The FD gave a fire safety class /tour of the station for 38 kids from the Hutchinson Schools "Star" program; • The FD gave a "get acquainted" tour to 9 small children from a local daycare provider; • The FD participated the various Jaycee Water Carnival activities in June: 1. Parade 2. First Aid for the Grand Day Parade 3. Fireworks • The FD participated in the Glencoe Days Parade. Measurements: 1. Number of calls that required more than one engine, four firefighters and one IC in June: 17 2. Number of Calls that required investigation in June: 2 3. Estimated dollars "saved" in property (building and contents) by the fire department response for the month of June: $327,000 4. Estimated dollars "lost" in property (building and contents) to fire in June: $5,600 • Page 4 To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 07/01/13 Re: Quarterly Report April - June 2013 2013 2012 Change Year to Date Sales: $2,441,627 $ 2,487,058 1.8% decrease Liquor $ 815,322 $ 817,269 0.2% decrease Beer $1,194,397 $1,251,915 4.6% decrease Wine $ 388,524 $ 367,408 5.7% increase Year to Date Gross Profit Dollars: $615,893 $620,734 0.8% decrease Customer Count: 103,475 108,033 4.2% decrease Average Sale per Customer: $23.60 $23.02 $0.58 increase Gross Profit Percentage: 25.22% 24.96% 0.26% increase (Note: Industry Benchmark for GP% = 23 %) Note: 1) 4 less business days YTD 2013 compared to YTD 2012. 2012 = New Year's Day on Sunday, Leap Year, one less business day in March, one less business day in June. 2) Weather factor —Second Qtr 2012 sales up 8.3% due to warm weather beer sales! Not 2013! Example — Sales of Ice compared to 2012...... down 24.7 %! 3) 4t" of July on Thursday should create higher sales, plus we have an additional day in July. Second Quarter Store Activity Highlights: • Employee Training Seminars held on April 213 with emphasis on proper sales and product knowledge. • Spring Pub Club event held on April 4 featuring Kona Brewing with 88 attendees. • April monthly Grape Vine tasting produces sales of $1,588 with 32 attendees. • Participated at Hutchinson's "Bring It Home" event at Fair Grounds with a booth and samples. • Interviewed, hired and began training of Temporary Part Time employee. • Annual Performance Reviews completed for 3 Part Time employees. • Completed update of electrical and lighting needs including new cooler lighting. • Manager took part in the MMBA Annual Conference. • Completed change to USBank for credit card processing to comply with PCI standards and save $$. • Completed update of Video Surveillance equipment. Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me with any questions or requests for additional data. Weed Notices Monthly Report June 2013 Monthly Summary of Weeds /Tall Grass Noncompliance A summary of weed notices sent to properties not in compliance with Chapter § 92.35 Weed Ordinance, of the Hutchinson City Code of Ordinances can be found below. Seven (7) business days were given to those receiving notice to remove weeds /tall grass on their property. Number of properties that received a removal notice 17 Number of properties cleared by City order 4 Number of properties pending compliance at month's end 1 Properties that were ordered to be cleared by the City House Street Quadrant Property Owner City PID Eric A & Lora Goodwin 1085 Randall Rd SE 1085 Randall Rd SE Hutchinson, MN 55350 07- 116 -29 -03 -0460 Victor M & Theresa E Reyes 440 Merrill St SW 440 Merrill St SW Hutchinson, MN 55350 01- 116 -30 -08 -0800 STATE OF MINNESOTA IN TRUST C/O MCLEOD COUNTY AUDITOR/TREASURER 2391 HENNEPIN AVE N 141 5th Ave NE GLENCOE, MN 55336 31- 117 -29 -10 -0140 David Kahle 35 7th Ave SE 35 7th Ave SE Hutchinson, MN 55350 06- 116 -29 -11 -0740 Douglas J /Karen L Ritsema 465 Bluff St NE 465 Bluff St NE Hutchinson, Mn 55350 31- 117 -29 -09 -1140 Michael L Kosek 642 Milwaukee Ave SW 642 Milwaukee Ave SW Hutchinson, MN 55350 01- 116 -30 -09 -0570 Omicron Holding International, LLC 45 Grove St NW 685 Lindy Ln NE Hutchinson, MN 55350 32- 117 -29 -14 -0110 David W & Mary L Bagne 1255 Hwy 7 West PO Box 274 1255 H\;vy 7 W Hutchinson, MN 55350 36- 117 -30 -13 -0250 Crow River Habitat for Humanity Inc 218 Main St S, Suite 116 504 Hilltop Dr NE Hutchinson, MN 55350 32- 117 -29 -14 -0500 Crow River Habitat for Humanity Inc 218 Main St S, Suite 116 512 Hilltop Dr NE Hutchinson, MN 55350 32- 117 -29 -14 -0510 Crow River Habitat for Humanity Inc 218 Main St S, Suite 116 520 Hilltop Dr NE Hutchinson, MN 55350 32- 117 -29 -14 -0520 Bradley & Anita Hoese 2298 Co Rd 9 303 Lynn Rd SW Winsted, MN 55395 06- 116 -29 -05 -0110 Darlys J Bauer 133 Lynn Rd SW 133 Lynn Rd SW Hutchinson, MN 55350 06- 116 -29 -04 -0250 Joseph C Schultz Etal 448 California St NW #90 1367 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0290 Hutchinson Baptist Church 705 5th Ave SW 905 Golf Course Rd NW Hutchinson, MN 55350 36- 117 -30 -07 -0260 Stephen E Lee One East Washington St, Suite 1900 1005 Maple St NE Phoenix, AZ 85004 -2554 31- 117 -29 -01 -0070 Jeffrey Hamilton 571 Weaver St 324 Boulder Cir SW Lexington, TN 38351 01- 116 -30 -05 -0860