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cp08-13-2013No Workshop AGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, AUGUST 13, 2013 1. CALL TO ORDER— 5:30 P.M. 2. INVOCATION — Riverside Assembly of God 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 23, 2013 Action — Motion to reject — Motion to approve 10 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. 14177 — RESOLUTION TO SELL UNCLAIMED PROPERTY (BICYCLES) 2. RESOLUTION NO. 14178 - RESOLUTION TO ESTABLISH SUPPORT FOR CITY WASTEWATER DELEGATED PRETREATMENT PROGRAM 3. ORDINANCE NO. 13 -713 - ORDINANCE APPROVING FRANCHISE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC (SECOND READING AND ADOPTION) (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF TWO POLE BUILDINGS FOR COLD STORAGE AT PRIDE SOLUTIONS LLC LOCATED AT 120 EASTGATE DRIVE SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14175) 2. CONSIDERATION OF REZONING PROPERTY AT 1025 DALE STREET SW FROM R1 TO R4 TO ALLOW FOR DEVELOPMENT OF A 30 -UNIT MEMORY CARE FACILITY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 13 -714 FOR AUGUST 27, 2013) (c) CONSIDERATION FOR APPROVAL OF EVENT CENTER SERVICE ROAD CLOSURE ON CITY COUNCIL AGENDA AUGUST 13, 2013 SEPTEMBER 27, 2013 (d) CONSIDERATION FOR APPROVAL OF `BE 1 OF 100" RUN ON AUGUST 21, 2013 (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDERS - CHANGE ORDER NO. 2 —LETTING NO. 8B/PROJECT NO. 13 -08B —DEPOT SITE IMPROVEMENTS - CHANGE ORDER NO. 3 —LETTING NO. 1 /PROJECT NO. 12 -01 — 5TH AVENUE NW IMPROVEMENTS (f) CONSIDERATION FOR APPROVAL OF AIRPORT MAINTENANCE AND OPERATIONS AGREEMENT (g) CONSIDERATION FOR APPROVAL OF AIRPORT HANGAR LEASE (h) CONSIDERATION FOR APPROVAL OF AIRPORT GRANT ASSURANCES (i) CONSIDERATION FOR APPROVAL OF DEPOT RAIN GARDEN GRANT APPLICATION (j) CONSIDERATION FOR APPROVAL OF OUTDOOR EVENTS ON SEPTEMBER 27 & 28, 2013, AS REQUESTED BY LAMPLIGHTER II (k) CONSIDERATION FOR APPROVAL OF SUPPORT OF 39TH ANNUAL CHAMBER OF COMMERCE ARTS & CRAFTS FESTIVAL ON SEPTEMBER 13 & 14, 2013 (1) CONSIDERATION FOR APPROVAL OF AMENDING LIQUOR LICENSE CONSUMPTION POLICY AT MCLEOD COUNTY FAIRGROUNDS DURING MCLEOD COUNTY FAIR FROM AUGUST 14-18,2013 (m) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO CROW RIVER CUTTERS OF THE NATIONAL WILD TURKEY FEDERATION ON FEBRUARY 7 & 8, 2014, AT MCLEOD COUNTY FAIRGROUNDS (n) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST. ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 7 & 8, 2013 (o) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR AUGUST 23, 2013, AT 4:00 P.M. TO REVIEW COMPREHENSIVE PLAN (p) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER A (c) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER B (r) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS — REGISTER C Action — Motion to reject — Motion to approve 8. PUBLIC HEARINGS — 6:00 P.M. 10 min. (a) CONSIDERATION OF ORDINANCE NO. 13 -715 - AN ORDINANCE APPROVING 2 CITY COUNCIL AGENDA AUGUST 13, 2013 REVISIONS TO SECTIONS 5.02 AND 13.03 OF HUTCHINSON CITY CHARTER AS RECOMMENDED BY THE CHARTER COMMISSION (SET SECOND READING AND ADOPTION FOR AUGUST 27, 2013) Action — Motion to reject — Motion to approve 9. COMMUNICATIONS. REQUESTS AND PETITIONS (Purpose: to provide Council with information 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 AWARDING BOND SALE FOR GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Action — Motion to reject — Motion to approve 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 24, 2013 (b) FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2013 (c) CITY OF HUTCHINSON WEED NOTICES REPORT FOR JULY 2013 13. MISCELLANEOUS 14. ADJOURN 3 MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 23, 2013 1. CALL TO ORDER — 5:30 P.M. Mayor Steve Cook called the meeting to order. Members present were Chad Czmowski, Mary Christensen and Gary Forcier. Member absent was Bill Arndt. Others present were Jeremy Carter, City Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney. 2. INVOCATION — Pastor Todd Harris, Oak Heights Covenant Church, delivered the invocation. 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS. DONATIONS AND COMMUNITY SERVICE TO THE CITY Mayor Cook thanked all those involved with the RiverSong music festival held this past weekend. 5. PUBLIC COMMENTS 6. MINUTES (a) REGULAR MEETING OF JULY 9, 2013 Motion by Czmowski, 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 (b) PLANNING COMMISSION ITEMS 1. CONSIDERATION OF A SITE PLAN REVIEW REQUESTED BY HUTCHINSON DEVELOPMENT GROUP LLC FOR A MAURICES RETAIL STORE AT 1370 MONTREAL STREET SE WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 14172) (c) CONSIDERATION FOR APPROVAL OF ALLOWING COUNTRY FINANCIAL TO PLACE CANOPY TENT ON SIDEWALK LOCATED AT 23 WASHINGTON AVENUE WEST (d) CONSIDERATION FOR APPROVAL OF REAFFIRMING CITY OF HUTCHINSON DATA PRACTICES POLICY (e) CONSIDERATION FOR APPROVAL OF IMPROVEMENT PROJECT CHANGE ORDER NO. 1— LETTING NO. 8B/PROJECT NO. 13 -08B (DEPOT SITE IMPROVEMENTS) (f) CONSIDERATION FOR APPROVAL OF ISSUING FOOD VENDOR LICENSE TO RAFAEL JIMENEZ TO OPERATE ICE CREAM TRUCK THROUGHOUT CITY STREETS (g) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO CITY COUNCIL MINUTES —JULY 23, 2013 MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 14-18,2013, FOR MCLEOD COUNTY FAIR (h) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSES TO HUTCHINSON HOCKEY ASSOCIATION ON JANUARY 25, 2014, AND HUTCHINSON FIRE DEPARTMENT RELIEF ASSOCIATION ON SEPTEMBER 14, 2013 (i) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Item 7(e) was pulled for separate discussion. Motion by Czmowski, second by Christensen, to approve the consent agenda with the exception of Item 7(e). Motion carried unanimously. Item 7(e) had further discussion. Council Member Forcier noted that he would be abstaining from this action since he is performing some work on the project. Motion by Czmowski, second by Cook, with Forcier abstaining, to approve Item 7(e). Motion carried unanimously. 8. PUBLIC HEARINGS — 6:00 P.M. (a) CONSIDERATION FOR APPROVAL AMENDMENT NO. 2 TO SITE LEASE AGREEMENT AND FRANCHISE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC John Paulson, Environmental Specialist, presented before the Council. Mr. Paulson explained that the agreement before the Council is an amendment to allow a pad with a generator at the South Park Water Tower site. The generator purpose is for backup power to the service and equipment located on the water tower. A franchise is required in accordance with City Charter for the placement of objects on public property. An increase in rent is recognized for the additional square footage being used for the equipment on the tower and the generator area. The generator will be enclosed and is regulated by MPCA standards for noise generation. The generator will be added on to the back side of a structure that is currently in place. Motion by Czmowski, second by Forcier, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Amendment No. 2 to site lease agreement with Midwest Wireless Communications LLC and franchise agreement with Midwest Wireless Communications LLC which is the first reading of Ordinance No. 13 -713 and the second reading of the franchise agreement will be on August 13, 2013. 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) 10. UNFINISHED BUSINESS 11. NEW BUSINESS (a) SUMMARY REVIEW OF 2012 AUDITED FINANCIAL STATEMENTS 2 CITY COUNCIL MINUTES —JULY 23, 2013 Jeremy Carter, City Administrator, noted that a workshop was held prior to the Council meeting to review in detail the 2012 audited financial statements as completed by City staff and audited by the CPA firm of Abdo Eick & Meyers. Kyle Meyers, Abdo Eick & Meyers, presented before the Council. Mr. Meyers summarized a review of the City's financial statements for 2012. Mr. Meyers explained increases to the financial statements and the City's healthy general fund balance. Enterprise funds all generated profits. No findings were found during the auditing process. Mayor Cook expressed the City's diligence in holding the line for the past three years in the general fund. Mr. Carter spoke briefly as to the policies the City follows in their financial management. Mayor Cook noted that Creekside had a very good year with building a very healthy cash balance. Motion by Czmowski, second by Forcier, to accept the 2012 audited financial statements. Motion carried unanimously. (b) CONSIDERATION FOR APPROVAL OF DECLARING THE OFFICIAL INTENT OF THE CITY OF HUTCHINSON TO REIMBURSE CERTAIN EXPENDITURES FROM THE PROCEEDS OF BONDS TO BE ISSUED BY THE CITY (ADOPT RESOLUTION NO. 14173) Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that on an annual basis, the City administers street and capital improvement projects. Because the current business practice is to issue bonds in the fall once all final project costs are known, the City has to cash flow all or the majority of project related costs until that time. Because of this practice, IRS regulations require the City Council approve a Resolution declaring that intent. The proceeds from the tax - exempt bond issuance will then reimburse the City for those expenditures paid up -front as part of the project related costs. Motion by Czmowski, second by Christensen, to approve Resolution No. 14173. Motion carried unanimously. (c) CONSIDERATION FOR APPROVAL OF RESOLUTION NO. 14174 — A RESOLUTION AUTHORIZING AGREEMENT WITH MPCA TO HOST AMERICORPS MEMBER FROM THE MINNESOTA GREENCORPSL Jeremy Carter, City Administrator, presented before the Council. Mr. Carter explained that the City had applied for a member of the AmeriCorp program to assist with the City's forestry department. The City has received notice that the City is one of three cities to get accepted into the Green Infrastructure part of the AmericCorp program and will be receiving a member this fall upon approval of a Resolution and subsequent signature of a host agreement. The MN Green Corps members are workers that are supplied to select cities to provide a function that without them the entity would not be able to complete in an effective and efficient manner. The GreenCorp member, if approved by Council, will be starting this September and will be working on Emerald Ash Borer awareness and species diversification projects. The member will serve about 1700 hours or approximately 11 months with the City and will work in strategic partnership with the University of Minnesota Morris (UMM). 3 CITY COUNCIL MINUTES —JULY 23, 2013 Funding for MN GreenCorp and its members is provided through a combination of resources from CNCS, Serve Minnesota, Federal Funding, and MPCA, along with local in -kind resources. Because of the outside funding sources there will be no cost to the City to fund this member. The MN GreenCorp program has identified four overarching focus areas to meet program objectives: Energy Conservation, Waste Prevention and Recycling, Living Green and Green Infrastructure. This program is a value added program and will assist the City in continuing to move forward in developing and implementing a sound tree diversification policy and identifying project related information as it pertains to the city forestry function, emerald ash borer, and the urban canopy. Motion by Christensen, second by Forcier, to approve Resolution No. 14174. Motion carried unanimously. 12. GOVERNANCE (Purpose: to assess past organizational performance, develop policy that guides the organization and Council and manage the logistics of the Council. May include monitoring reports, policy development and governance process items. (a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 26, 2013 (b) CITY OF HUTCHINSON FINANCIAL AND INVESTMENT REPORT FOR JUNE 2013 (c) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR JUNE 2013 (d) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM JUNE 18, 2013 (e) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 1, 2013 Mr. Carter provided an overview of the City's financial picture for the first half of the year and spoke to some of the enterprise funds. Mr. Carter also reviewed the City's investment information. 13. MISCELLANEOUS Gary Forcier — Council Member Forcier reminded everyone that Historic Hutchinson is holding a gala event this Thursday at the Crow River Art Center at 6:30 p.m. Council Member Forcier also thanked the Parks Department for keeping the parks looking so nice. Chad Czmowski — Council Member Czmowski asked about mosquito control at RiverSong. He stated it was very good and quite different from Water Carnival held in June when the mosquitoes were very strong. John Olson, Public Works Manager, noted that an additional barrier treatment at a cost of $1000 was applied for the RiverSong event. In addition, the trap counts are down from previous weeks. Council Member Czmowski also mentioned that the City of Mankato's mountain biking club will be up to take pictures and use the Hutchinson terrain park as a model to build a terrain park in Mankato. Steve Cook — Mayor Cook noted that a meeting had been held with the DNR on the Luce Line Trail paving project. The DNR has presented plans from CR 115 to McLeod/Carver County line for the Luce Line Trail. The DNR will be going out for bids for base work yet this Fall and an alternate bid might be CITY COUNCIL MINUTES —JULY 23, 2013 placed with completion date in Spring /Summer 2014. The DNR has committed an additional $500,000 to the paving project. Mayor Cook reminded everyone of the Orange Spectacular event occurring this weekend at the McLeod County Fairgrounds. 14. ADJOURN Motion by Christensen, second by Czmowski, to adjourn at 6:15 p.m. Motion carried unanimously. 5 HUTCHINSON CITY COUNCIL ci =y�fAa� Request for Board Action 7AL Z-vz Agenda Item: Resolution for sale of unclaimed items to be sold at auction Department: Police LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: RESOLUTION TO SELL AT AUCTION Unclaimed Property BOARD ACTION REQUESTED: The Hutchinson Police Department recommends approval of resolution to sell unclaimed property at auction Fiscal Impact: $ 0.00 Funding Source: 0 FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION TO SELL AT AUCTION Unclaimed Property Resolution No. 14177 WHEREAS, the Hutchinson Police Department has accumulated various unclaimed items. AND WHEREAS, the Hutchinson City Code provides pursuant to Section 91, Subdivision 3, Paragraph C for the sale at auction of unclaimed property. AND WHEREAS, the unclaimed property, at the time of auction, will have been in the possession of the police services for more than thirty (30) days. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. That the Hutchinson City Council hereby approves the sale at auction of unclaimed items identified on "Attachment A." Adopted by the City Council this 13th day of August, 2013 Mayor City Administrator Attachment A Page 1 Case Number Item Description 13004618 Blue 26" Men's Mountain Fury Bicycle 13004618 Black /Red 26" Men's Mountain Climber Bicycle 13005049 Red Next Flat Spin BMX Bicycle 13005375 Silver /Blue Men's Roadmaster Mountain Sport Bicycle 13005883 Blue 20" Men's GT Interceptor Bicycle 13006347 Blue /White Women's Great Fit Bicycle 13006863 Gold Next Rampage Bicycle 13007512 Red Men's 26" Schwinn Traveller Bicycle 13007736 Orange Next Intruder Men's Bicycle 13007967 Purple Schwinn Sidewinder Bicycle 13008310 Silver /Blue No Brand Men's Bicycle 13008365 Red /Black Men's Roadmaster Bicycle 13008694 Purple Mongoose Women's Bicycle 13008694 Orange Men's 26" Bicycle 13008694 Silver Men's Pacific Bicycle 13008723 Black /Yellow 26" Pacific Bicycle 13008823 Green Huffy Maxx Men's Bicycle 13008861 26" Magna After Shock Bicycle 13009022 Red Men's Next Wipeout Bicycle 13009718 Blue Men's Mongoose Outer Limits Bicycle 13009201 White 20" Boy's Tony Hawk Bicycle 13008451 Black /White 26" Men's Bicycle HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Resolution to Establish Support for City WW Delegated Pretreatment Program Department: PW/WW LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Kent Exner /John Paulson Agenda Item Type: Presenter: John Paulson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: The City of Hutchinson was selected by the Minnesota Pollution Control Agency (MPCA) to become a delegated Wastewater (WW) Pretreatment Program Publicly Owned Treatment Works. Program delegation requires that the City implement program standards in accordance with State and Federal WW Pretreatment rules. City staff have developed all applicable program documentation to comply with these standards. The MPCA is required to Public Notice our program documentation. One of the primary components to the program is appropriate ordinance language. We will need to modify our existing ordinance to comply with the new standards. The ordinance changes will follow existing ordinance processes and include applicable public hearings and comment periods. The attached resolution will accompany our program documentation submittal to the MPCA. They request a resolution from the City Council acknowledging and supporting the upcoming changes to accompany the submittal. City staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: Approve the Resolution to Establish Support for City WW Delegated Pretreatment Program. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14178 RESOLUTION TO ESTABLISH SUPPORT FOR CITY DELEGATED WASTEWATER PRETREATMENT PROGRAM WHEREAS, the Minnesota Pollution Control Agency (MPCA) has identified the City of Hutchinson for delegation of their wastewater pretreatment authority; and WHEREAS, the City of Hutchinson has the capacity to deliver a pretreatment program in accordance with State and Federal pretreatment rules; and WHEREAS, the City will submit pretreatment program documentation to, and required by, the MPCA for the purpose of having a Public Notice period to allow the public an opportunity to comment on the program. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the Mayor and City Administrator, on behalf of the City of Hutchinson, are acknowledging the support for a City delegated wastewater pretreatment program. DATE: August 13, 2013 ATTEST: Jeremy J. Carter Steven W. Cook City Administrator Mayor HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Ordinance No. 13 -0713 Franchise Agreement with Midwest Wireless Comm. Department: Legal LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: The first reading of Ordinance No. 13 -0713 and amended lease agreement with Midwest Wireless Communications LLC was held at the July 23, 2013, City Council meeting. The purpose of the ordinance is to authorize a franchise agreement between the City of Hutchinson and Midwest Wireless to allow the placement of a generator on city -owned land near the base of the South Park Water Tower. The franchise agreement will run with the term of the lease agreement that the City has with Midwest Wireless for its equipment housed on the water tower, which lease ends December 2014. BOARD ACTION REQUESTED: Approve second reading and adoption of Ordinance No. 13 -0713. Fiscal Impact: $ 0.00 Funding Source: FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 13 -0713 Publication No. AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING MIDWEST WIRELESS COMMUNICATIONS, LLC, THE RIGHT TO PLACE A GENERATOR OVER AND ABOVE CERTAIN PROPERTY LOCATED AT THE SOUTH PARK WATER TOWER, 200 2ND AVENUE SW THE CITY OF HUTCHINSON ORDAINS: Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby grants to Midwest Wireless Communications, LLC, hereafter referred to as Grantee, a franchise to place a generator over and across public property to provide power to its antennae facilities on certain property owned by the City of Hutchinson at 200 2nd Avenue Southwest, Hutchinson, Minnesota. Section 2. The franchise is granted until December 2014. Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. The franchise fee is included in the amount paid as rent by Grantee to Grantor for use of the property located at 200 2nd Avenue SW (South Park Water Tower). Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance of facilities located along, over and under the public premises before mentioned and the placement of such facilities. Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. Section 7. In the event Midwest Wireless Communications, LLC should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever. Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring written acceptance by Midwest Wireless Communications, LLC. Adopted by the City Council, this 13d' day of August, 2013. Attest: City Administrator Published in the Hutchinson Leader on First Reading: July 23, 2013 Second Reading: August 13, 2013 Mayor MN07 Hutchinson #252632 Generator KHG/12.18.12 FRANCHISE AND AMENDMENT NO. 2 TO SITE LEASE AGREEMENT This Amendment No. 2 to Site Lease Agreement (this "Amendment ") is made this 13th day of August , 2013 , by and between THE CITY OF HUTCHINSON, with an address of 111 Hassan Street S, Hutchinson. MN 55350, hereinafter "Landlord ", and MIDWEST WIRELESS COMMUNICATIONS, LLC, a Delaware limited liability company, d /b /a Verizon Wireless, with its principal offices located at One Verizon Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920, hereinafter "Tenant ". Landlord and Tenant are at times collectively referred to hereinafter as the "Parties" or individually as the "Party ". WHEREAS, Landlord and Tenant entered into a Site Lease Agreement dated November 22, 2010, as amended by that certain Amendment No. 1 to Site Lease Agreement dated June 27, 2012 (the "Agreement "), whereby Tenant leased from Landlord certain space at 200 2nd Avenue Southwest, Hutchinson, Minnesota, as described in that certain Agreement; WHEREAS, Landlord and Tenant desire to amend the Agreement in order to allow Tenant to increase its lease area for the placement of a generator; NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree to be legally bound to this Amendment as follows: 1. Exhibit B (Page 2 of 2) of the Agreement is hereby deleted in its entirety and replaced and superseded by and with Exhibit B -2, attached hereto and incorporated herein. As indicated in Exhibit B -2, Tenant shall hereby lease an additional 275 square feet for the placement of a generator. The total ground space leased by Tenant is depicted as a 25' x 33' lease area which includes the existing shelter and the proposed generator shown together on Exhibit B -2. 2. Section 1 Leased Premises of the Agreement is hereby amended to reflect Tenant's total lease area of 825 square feet. 3. Landlord and Tenant each hereby warrant to the other that the person (or persons) executing this Amendment on behalf of the warranting Party has the full right, power and authority to enter into and execute this Amendment on that Party's behalf and that no consent from any other person or entity is necessary as a condition precedent to the legal effect of this Amendment. 4. Commencing on June 1, 2013, the annual rent payable by Tenant to Landlord shall be increased by $1,800.00 per year. The annual rent increase shall be prorated for any partial year and shall escalate in accordance with the Agreement. Prepared by: KHG Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 5. A. The Landlord, in the County of McLeod, State of Minnesota, hereby grants to Tenant, a franchise to place and maintain a generator building as shown in Exhibit B -2, for the purpose of providing power to its antennae facilities on certain property owned by the City of Hutchinson at 200 2nd Avenue Southwest, Hutchinson. B.. The franchise is granted for the same time period as the lease agreement and any amendments thereto. The franchise fee is included in the amount paid as rent. C. Landlord reserves the right to enforce all city and other reasonable regulations concerning construction, operation and maintenance of the generator building facilities located along, over and under the public premises before mentioned and the placement of such facilities. D. Tenant shall indemnify and defend the Landlord, its boards, commissions, officers, agents and employees, in any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any person or any damage to any property caused by Tenant, its officers, agents or employees in the construction, operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise. E. At all times during the term of the franchise, Tenant will, at its own expense, maintain in force general comprehensive liability insurance, with an insurance company approved by the Landlord, with limits approved by the policies being for the protection of Landlord and its officers, agents and employees, against liability for loss or damage for bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise. F. Tenant shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson. G. In the event that Tenant should cease to exist or should fail to use the franchise for one calendar year, this franchise shall be deemed null and void and shall revert to the Landlord without any action on the part of the Landlord whatsoever. 6. All remaining provisions of the Agreement shall remain in full force and effect as to all other terms and conditions, and shall remain binding on the Parties hereto. 7. The Agreement and Amendment contain all agreements, promises or understandings between Landlord and Tenant and no verbal or oral agreements, promises or understandings shall be binding upon either the Landlord or Tenant in any dispute, controversy or proceeding at law, and any addition, variation or modification to the Agreement and Amendment shall be void and ineffective Prepared by: KHG 2 Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 unless made in writing and signed by the Parties. In the event any provision of the Agreement and Amendment is found to be invalid or unenforceable, such a finding shall not affect the validity and enforceability of the remaining provisions of the Agreement and Amendment. (SIGNATURES TO FOLLOW) Prepared by: KHG 3 Prepared on: 4.4.13 MN07 Hutchinson #252632 Generator KHG/12.18.12 IN WITNESS WHEREOF, the Parties have set forth their hand and seal as of the date indicated above. (Seal) Witness Prepared by: KHG 4 Prepared on: 4.4.13 LANDLORD: THE CITY OF HUTCHINSON By: Name: Steven W. Cook Title: Mayor Date: 08/13/2013 Attest: By: _ Name Title: Date: Jeremy J. Carter City Administrator 08/13/2013 TENANT: MIDWEST WIRELESS COMMUNICATIONS L.L.C. d /b /a Verizon Wireless By: Alltel Communications, L.L.C., Its Sole Member By: Name: Lynn Ramsey Title: Area Vice President Network Date: MN07 Hutchinson #252632 Generator KHG/12.18.12 EXHIBIT B —2 Nil r �ltl�iiliitl�!{�tiii�# lit r ,� Fly i ail= i I fMVr�.lvur -r. err rri . r rl 14 r�Cf -� - -+ tf,rL C' i Y' IK 161 eaAr Ck inn Jf �J JkY4 r�, y � +- � + � �• i } �i �J r I J 1 J If J J • r ! je Prepared by: KHG 5 Prepared on: 4.4.13 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration of a Conditional Use Permit - 120 Eastgate Dr. SE Department: Planning LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: Pride Solutions is requesting a conditional use permit to allow them to construct two pole buildings at 120 Eastgate Dr. S.E. Section 154.123, of the Zoning Ordinance requires a conditional use permit for buildings of pole type construction. The building will be used for cold storage. BOARD ACTION REQUESTED: Approval of Conditional Use Permit. 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 MEMORANDUM DATE: August 7, 2013, for the August 13, 2013, City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: Conditional Use Permit to allow construction of two pole buildings for cold storage at Pride Solutions, LLC, 120 Eastgate Dr. SE, Hutchinson. Background: Pride Solutions is requesting a conditional use permit to allow them to construct two pole buildings at 120 Eastgate Dr. S.E. Section 154.123, of the Zoning Ordinance requires a conditional use permit for buildings of pole type construction. The building will be used for cold storage. Planning Commission Meeting: The Planning Commission considered the request at their August 6t" meeting. Justin Eggert, representing the applicant came before the Planning Commission during the meeting and indicated they would like to modify their CUP request to build two smaller pole buildings rather than one larger pole building. Staff and the Planning Commission had no problem with the plans changing since the CUP is for the pole construction and the final site plan and buildings plans would need to be approved by Staff through the building permit process. A new site plan showing the building locations and sizes was handed out and discussed. There were no neighboring property owners present that spoke about the CUP. There was brief discussion about fire sprinkling requirements and the building permit plan review process. After concluding discussion, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the Conditional Use Permit with the findings and conditions in the attached resolution. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Lee Miller, Nate Keller, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Mike Babe, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2013, for August 6, 2013, Planning Commission Meeting Application: Consideration of a conditional use permit to allow construction of a 70'X150' wood pole construction cold storage building at Pride Solutions, LLC, 120 Eastgate Drive S.E. Applicant: Pride Solutions, LLC CONDTIONAL USE PERMIT *Please Note — Request was modified at Planning Commission Meeting. See Council Memo for Details.* Pride Solutions is requesting a conditional use permit to allow them to construct a pole building at 120 Eastgate Dr. S.E. Section 154.123, of the Zoning Ordinance requires a conditional use permit for buildings of pole type construction. GENERAL INFORMATION Existing Zoning: I -1 (Light Industrial Park) Conditional Use Permit Pride Solutions —120 Eastgate Drive S.E. Planning Commission — 8/6/13 Page 2 Property Location: Lot Size: Existing Land Use: Adjacent Land Use And Zoning: Comprehensive Land Use Plan: Zoning History: Applicable Regulations: Building: Analysis: 120 Eastgate Drive S.E. 6.2 Acres Industrial I -1 with R -3 (Medium - High Density Residential) Industrial Industrial Section 154.123 The proposed building is 10,500 sq. ft. The manufacturing plant was constructed in 1997 in the Second Addition to Hutchinson Industrial Park plat. The proposed pole building will be used for cold storage. The building shown on the property drawing, appears to meet all setbacks. Conditional Use Permit: The Conditional Use Permit (CUP) is required for pole type building construction. The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Recommendation: Staff recommends approval of the conditional use permit with the following recommendations: Conditional Use Permit Pride Solutions —120 Eastgate Drive S.E. Planning Commission — 8/6/13 Page 3 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the I- I district and the Zoning Ordinance, as well as all other City regulations. 3. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. 4. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. 5. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 6. The elevation of the catch basin on the west side of proposed building must be maintained. The proposed building's side slopes must not negatively impact existing drainage characteristics. If any mitigation measures are needed, such as retaining walls, they will need to be preapproved by the City Engineer. 7. The existing stormwater pond capacity must be increased to adequately treat the water quality and water quantity volume of the additional impervious surface being proposed. 8. The City's " Stormwater Maintenance Agreement" must be executed prior to Drainage /Erosion Sediment Control Permit approval. CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14175 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A POLE BUILDING FOR COLD STORAGE AT PRIDE SOLUTIONS, LLC, 120 EASTGATE DRIVE S.E. FACTS 1. PRIDE SOLUTIONS, LLC, is the owner of a parcel of land located at Eastgate Drive S.E., Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 2, Block 1, Second Addition to Hutchinson Industrial District 3. Pride Solutions, LLC, has applied to the City for a conditional use permit to allow for the construction of a 70'x120' wood pole type buildings located at 120 Eastgate Drive S.E., Hutchinson MN. 4. The Planning Commission met on August 6, 2013, and acted 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 subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the I -1 district and the Zoning Ordinance, as well as all other City regulations. C. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. e. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. f. The elevation of the catch basin on the west side of proposed building must be maintained. The proposed building's side slopes must not negatively impact existing drainage characteristics. If any mitigation measures are needed, such as retaining walls, they will need to be preapproved by the City Engineer. g. The existing stormwater pond capacity must be increased to adequately treat the water quality and water quantity volume of the additional impervious surface being proposed. h. The City's "Stormwater Maintenance Agreement" must be executed prior to Drainage/Erosion Sediment Control Permit approval. �eo�sad `)cs I Findings of Fact — Resolution d 14175 Pride Solutions — Conditional use permit 120 Eastgate Drive S.E. Page 2 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on August 13, 2013, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the I -1 district and the Zoning Ordinance, as well as all other City regulations. C. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. e. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. f. The elevation of the catch basin on the west side of proposed building must be maintained. The proposed building's side slopes must not negatively impact existing drainage characteristics. If any mitigation measures are needed, such as retaining walls, they will need to be preapproved by the City Engineer. g. The existing stormwater pond capacity must be increased to adequately treat the water quality and water quantity volume of the additional impervious surface being proposed. h. The City's "Stormwater Maintenance Agreement" must be executed prior to Drainage /Erosion Sediment Control Permit approval. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.170 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7. The conditional use permit and proposed building is consistent with the comprehensive plan and zoning ordinance. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. Findings of Fact — Resolution # 14175 Pride Solutions — Conditional use permit 120 Eastgate Drive S.E. Page 3 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to approve a conditional use permit to allow Pride Solutions to construct a pole type storage building located on their property at 120 Eastgate Drive SE, Hutchinson, MN, is approved. Adopted by the City Council this 13`" day of August, 2013. ATTEST: Jeremy J. Carter City Administrator Steven W. Cook Mayor CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA RESOLUTION NO. 14175 RESOLUTION ADOPTING FINDINGS OF FACT AND REASONS FOR APPROVAL OF A CONDITIONAL USE PERMIT TO ALLOW CONSTRUCTION OF A POLE BUILDING FOR COLD STORAGE AT PRIDE SOLUTIONS, LLC, 120 EASTGATE DRIVE S.E. FACTS 1. PRIDE SOLUTIONS, LLC, is the owner of a parcel of land located at Eastgate Drive S.E., Hutchinson Minnesota; and, 2. The subject property is legally described as: Lot 2, Block 1, Second Addition to Hutchinson Industrial District 3. Pride Solutions, LLC, has applied to the City for a conditional use permit to allow for the construction of two 44' x 56' wood pole type buildings located at 120 Eastgate Drive S.E., Hutchinson MN. 4. The Planning Commission met on August 6, 2013, and acted 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 subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the I -1 district and the Zoning Ordinance, as well as all other City regulations. C. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. e. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. f. The elevation of the catch basin on the west side of proposed building must be maintained. The proposed building's side slopes must not negatively impact existing drainage characteristics. If any mitigation measures are needed, such as retaining walls, they will need to be preapproved by the City Engineer. g. The existing stormwater pond capacity must be increased to adequately treat the water quality and water quantity volume of the additional impervious surface being proposed. h. The City's " Stormwater Maintenance Agreement" must be executed prior to Drainage /Erosion Sediment Control Permit approval. Findings of Fact — Resolution # 14175 Pride Solutions — Conditional use permit 120 Eastgate Drive S.E. Page 2 5. The City Council of the City of Hutchinson reviewed the requested conditional use permit at its meeting on August 13, 2013, and has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the conditional use permit, subject to the following findings and conditions: a. The standards for granting a conditional use permit would be met, subject to the conditions stated. b. The proposed building and site improvements shall comply with the standards of the I -1 district and the Zoning Ordinance, as well as all other City regulations. C. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. d. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. e. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. f. The elevation of the catch basin on the west side of proposed building must be maintained. The proposed building's side slopes must not negatively impact existing drainage characteristics. If any mitigation measures are needed, such as retaining walls, they will need to be preapproved by the City Engineer. g. The existing stormwater pond capacity must be increased to adequately treat the water quality and water quantity volume of the additional impervious surface being proposed. h. The City's " Stormwater Maintenance Agreement" must be executed prior to Drainage /Erosion Sediment Control Permit approval. APPLICABLE LAW 6. The conditional use permit request meets the following standards as required in Section 154.170 of the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 7. The conditional use permit and proposed building is consistent with the comprehensive plan and zoning ordinance. 8. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. Findings of Fact — Resolution # 14175 Pride Solutions — Conditional use permit 120 Eastgate Drive S.E. Page 3 9. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the application to approve a conditional use permit to allow Pride Solutions to construct two pole type storage buildings located on their property at 120 Eastgate Drive SE, Hutchinson, MN, is approved. Adopted by the City Council this 13th day of August, 2013. ATTEST: Jeremy J. Carter Steven W. Cook City Administrator Mayor HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Rezoning 1025 Dale St. SW from R -1 to R -4 Department: Planning LICENSE SECTION Meeting Date: 8/13/2013 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: No BACKGROUND /EXPLANATION OFAGENDA ITEM: Matthew Tauer, Bear Paw Properties, LLC, is requesting to rezone property at 1025 Dale St. S.W. from R -1 (single - family residential) to R -4 (high density residential) to allow for the development of a 30 unit memory care facility. The Planning Commission acted on the rezoning, site plan review, and Conditional Use Permit Application at its August 6, 2013 meeting. The only item being forwarded on for City Council action at this point is the rezoning. A rezoning will take two readings at the City Council meeting since rezoning's are ordinances. The rezoning needs to be acted upon prior to the CUP and site plan since the property needs to zoned R -4 prior to the conditional use permit being approved. At the August 27, 2013 City Council meeting the second reading of the ordinance to rezone will be acted upon and there will be a separate agenda item at that same meeting for the site plan approval and conditional use permit. If there are questions about this please contact me and I will be willing to clarify any of this information. BOARD ACTION REQUESTED: Approval of rezoning property from R -1 to R -4. 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 MEMORANDUM DATE: August 7, 2013, for the August 13, 2013, City Council meeting TO: Hutchinson City Council FROM: Dan Jochum, Planning Director SUBJECT: Rezoning, Conditional Use Permit and Site Plan Review *Note: The Planning Commission acted upon the rezoning, conditional use permit and site plan review at its August 6, 2013 meeting. The City Council will only be acting on the rezoning at the August 13, 2013 meeting. The second reading of the rezoning, the conditional use permit and site plan review will be acted upon at the August 27, 2013 City Council meeting. Please see the board action form preceding this page for more information regarding this. Background: Matthew Tauer, Bear Paw Properties, LLC, is requesting to rezone property at 1025 Dale St. S.W. from R -1 (single - family residential) to R -4 (high density residential) to allow for the development of a 30 unit memory care facility. There are no permitted uses in the R -4 district, therefore a Conditional Use Permit is needed. Apartment buildings designed and marketed for exclusive use by the elderly are allowed by Conditional Use Permit in R -4. All proposed multiple family building developments require a site plan review. In addition, the developer is applying for a site plan review. Planning Commission Meeting: The Planning Commission considered the request at their August 6t" meeting. Staff reported the rezoning is consistent with the comprehensive plan. Staff presented the site plan information and indicated the site plan meets the requirements of the zoning ordinance. Staff noted that there have been drainage issues near the northeast corner of the lot and that neighbors have said this was a concern. Staff also noted a condition was added indicated that the proposed drainage of the area being built on could not impact surrounding property drainage. Joyce Krcil, who lives at 1120 Keith St SW, Hutchinson, commented to the Planning Commission she and her husband and several neighbors have concerns regarding drainage and don't want to the proposed facility to further negatively impact drainage. City Engineer Exner addressed Ms. Krcil's concerns by noting that the proposed development has all of its drainage going to the south through a drainage swale to a catch basin and that the proposed development should not impact the already existing drainage problem on the lot. The Planning Commission discussed the drainage issues at length and indicated that the proposed development can't make the drainage issues worse in this area. Staff reiterated to the Commission members that the drainage issues in this area are an existing condition and will exist whether or not the Memory Care Facility is built or not. Staff also noted that the proposed building and parking lot for the Memory Care Facility is going to drain to the south and the plans submitted by a Professional Engineer indicate this as well. After concluding discussion, the Commission unanimously recommended approval. Recommendation: The Planning Commission unanimously recommended approval of the rezoning, site plan review and conditional use permits with the findings and conditions in the attached resolution for the site plan approval and conditional use permit and an the attached ordinance for the rezoning. DIRECTORS REPORT - PLANNING DEPARTMENT To: Hutchinson Planning Commission From: Brad Emans, Dolf Moon, Dave Hunstad, Lee Miller, Nate Keller, Jean Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent Exner, John Paulson, Mike Babe, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold) Date: July 29, 2013, for August 6, 2013, Planning Commission Meeting Application: Rezone from R -1 (Single Family Residential) to R -4 (High Density Residential), Conditional Use Permit and Site Plan Review Applicant: Bear Paw Properties, LLC REZONE, CONDITIONAL USE PERMIT AND SITE PLAN REVIEW Matthew Tauer, Bear Paw Properties, LLC, is requesting to rezone property at 1025 Dale St. S.W. from R -1 (single - family residential) to R -4 (high density residential) to allow for the development of a 30 unit memory care facility. There are no permitted uses in the R -4 district, therefore a Conditional Use Permit is needed. Apartment buildings designed and marketed for exclusive use by the elderly are allowed by Conditional Use Permit in R -4. All proposed multiple family building developments require a site plan review. In addition, the developer is applying for a site plan review. w 40 * Indicates property described in this Notice ♦y; �' 9t5' 905 8 105,'- ., a * 1025 �C.2 �* . —try n - s't <10� u • i. Q 7 OB pg � U� .5 _ 8 1 85 0 08 1 5 16410 - / 1 5 5 _ 875 8 1 8 85 0 85 1015 8 8 85 945, 1085 , 1 5 8 85 08 1 5 .�y. 8 1 85 08 110 551` E CENTURY AVE SW ' - w 1116 1110 Rezone, Conditional Use Permit and Site Plan Review Memory Care Facility —1025 Dale St SW Planning Commission — 8/6/13 Page 2 GENERAL INFORMATION Existing Zoning: R -1 (Single Family Residential) Property Location: 1025 Dale St SW Lot Size: 5.5 Acres Existing Land Use: Vacant Lot Adjacent Land Use And Zoning: R -4 (High Density Residential), R -3 (Medium -High Residential) and R -2 (Medium Density Residential) Comprehensive Land Use Plan: Mixed Use District Zoning History: Zoned R -1 when annexed into City limits. Applicable Regulations: Sections 154.168 (Land Rezoning), 154.169 (Site Plan Review) and 154.170 (Conditional Use Permit) Rezoning: The Comprehensive Plan guides this area as Mixed Use Residential. According to the Comprehensive Plan "the purpose of this category is to identify portions of Hutchinson that contain higher density housing units. Mixed Use Residential is intended to accommodate primarily manufactured home parks, town homes, apartments, duplexes, rooming houses and other multi - family development. The overall density of these areas should generally be maintained at between 5 -18+ units per acre. The proposed re- zoning is consistent with the Comprehensive Plan. The site was originally zoned R -1 (single - family residential) when the property was annexed into the City. All land that is annexed into the City is zoned R -1 at the time of annexation. The property abuts R -4 zoning to the South which has been developed as senior housing (Oaks and Pines). R -4 zoning will allow for the development of a 30 unit facility for memory care as proposed by the developer. Site Plan Review: Building: The building is proposed to be an approximately 20,457 square foot one -story structure featuring 30 units of memory care. The building will be residential looking in character. Rezone, Conditional Use Permit and Site Plan Review Memory Care Facility —1025 Dale St SW Planning Commission — 8/6/13 Page 3 Sethacks- The proposed building setbacks and requirements for the R -4 (high density residential) district are identified below. The plans would meet the building setbacks as follows: *The interior lot line on the west side isn't meeting the setback as required. Meeting the 35 foot setback is a proposed condition of approval for the site plan. Landscaping_ A landscape plan must be submitted for review. The ordinance states landscaping shall include one tree per 800 square feet of landscaping area. Parking: The zoning ordinance requires .5 spaces per dwelling unit, which means 15 spaces are required plus whatever parking needs staff of the facility have. There are 35 spaces on the site plan which exceeds the requirement. It would be beneficial from a water quality /runoff and water quality standpoint to eliminate parking stalls on -site. Stormwater Management: Following the final construction plan submittal and City review the City Environmental Specialist will provide comments that need to be addressed prior to building permits being issued. Conditional Use Permit: The Conditional Use Permit (CUP) is required for all uses in the R -4 District. The applicant is applying for an "apartment building(s) designed and marketed exclusively for the elderly" as found under section 154.059 (C) (3). The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; Principal Proposed Structure Structure Setback Setback Front Yard 35 feet 90 feet Interior Lot Line — 35 feet 32 feet* west side Interior Lot Line — 35 feet 360 feet east side Rear Yard 35 feet 64 feet *The interior lot line on the west side isn't meeting the setback as required. Meeting the 35 foot setback is a proposed condition of approval for the site plan. Landscaping_ A landscape plan must be submitted for review. The ordinance states landscaping shall include one tree per 800 square feet of landscaping area. Parking: The zoning ordinance requires .5 spaces per dwelling unit, which means 15 spaces are required plus whatever parking needs staff of the facility have. There are 35 spaces on the site plan which exceeds the requirement. It would be beneficial from a water quality /runoff and water quality standpoint to eliminate parking stalls on -site. Stormwater Management: Following the final construction plan submittal and City review the City Environmental Specialist will provide comments that need to be addressed prior to building permits being issued. Conditional Use Permit: The Conditional Use Permit (CUP) is required for all uses in the R -4 District. The applicant is applying for an "apartment building(s) designed and marketed exclusively for the elderly" as found under section 154.059 (C) (3). The following are standards for granting a conditional use permit: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; Rezone, Conditional Use Permit and Site Plan Review Memory Care Facility —1025 Dale St SW Planning Commission — 8/6/13 Page 4 (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. Analysis and Recommendation: Staff has reviewed the request and recommends approval of the Rezoning, Conditional Use Permit, and Site Plan with the following recommendations: 1. The standards for granting a conditional use permit would be met, subject to the conditions stated. 2. The proposed building and site improvements shall comply with the standards of the R -4 district and the Zoning Ordinance, as well as all other City regulations. 3. The use must meet all applicable building and fire code regulations. Any remodeling and/or additions must also meet applicable building and fire code regulations. 4. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use requires approval of a new conditional use permit. 5. If the proposed use fails to start operation within one year of the conditional use permit being granted, the conditional use permit shall be deemed null and void and a new conditional use permit must be applied for. 6. Proposed drainage must not impact surrounding properties. 7. Provide sufficient turnaround for fire apparatus on site, including allowing an easement of Cleveland Ave. SW for a cul -de -sac for the purposes of fire apparatus turn- around. 8. Water main must be looped through the property. 9. Parkland fees are $135.00 per unit and paid with building permit. 10. SAC and WAC fees will be calculated upon building plan submittal and due at the time of building permit issuance. 11. All signage shall meet the requirements of the R -4 district. Sign permits are required prior to installation of the signage. 12. Exterior lighting must be shielded and shall not cause glare to adjacent properties. 13. Developer must draft easement agreements for the gas lines going through the subject property that go to the Oaks and Pines properties. 14. Developer must verify stormwater pond located on Oaks and Pines properties was designed to handle stormwater runoff for the subject site. Developer must provide drainage calculations to the City Engineer for review. 15. Developer must enter into a development agreement with the City of Hutchinson for the infrastructure improvements to site, as well as any needed easements for fire apparatus turn- around. . 16. The building must meet the 35 foot setbacks at time of building permit application. 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'� wz_war �m R J �p =az of Qww'aQmmare o N�z k'o- w w_ 2oO <Z m LLJW.-, zo - R PUBLICATION NO. ORDINANCE NO. 13 -714 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE PROPERTY AT 1025 DALE STREET S.W. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -4 (HIGH DENSITY RESIDENTIAL) FOR DEVELOPMENT OF A MEMORY CARE FACILITY REQUESTED BY BEAR PAW ENTERPRISES, LLC, PROPERTY OWNER 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 interest of the City to rezone the property from R- 1 (Single Family Residential) to R -4 ( High Density Residential): Section 2. That the property to be rezoned to R -4 ( High Density Residential) is described as follows: Outlot B, Welcome To Our Home Addition Section 3. This ordinance shall take effect from and after passage and publication. Adopted by the City Council this 27th day of August, 2013. ATTEST: Jeremy Carter, City Administrator Steven W. Cook, Mayor HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Road Closure Department: Police Department LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: I am in receipt of a letter from September Jacobson at the Hutchinson Event Center in reference to a concert being held on September 27, 2013. The request is to have a portion of the frontage road on the west side of the Event Center parking lot blocked off for a September 27th Event. The Event Center will be hosting a concert on 9/27/13 and part of the event is to have a display of classic cars. They would like to have the cars parked on the west frontage road from 5pm until 7:30pm. The request to use the frontage road instead of the parking lot is because they would like them to park at an angle for viewing, the cars will only be in the area for a minimal amount of time and they are anticipating a high attendance for the concert so parking space in the lot will be at a premium. The Police Department will be able to safely block off this portion of the frontage road without any impact to motorists or any of the businesses in the area. All access points to the hospital will remain open as well as into the parking. The Police Department looks forward to working with Ms Jacobson and the Hutchinson Event Center to ensure a successful and safe event. BOARD ACTION REQUESTED: I recommend approval of this request. Fiscal Impact: $ 0.00 Funding Source: n/a FTE Impact: 0.00 Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: 2013 Be 1 of 100 Run Department: Police LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency No Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Mr Vaillancourt is hosting the 2nd annual Be 1 of 100 event again this year on Wednesday, August 21, 2013. He would like to "officially" request the City's assistance again this year. The run departs from Library Square at 7pm. The route is a 3 -mile one and since we have different types of runners, we can expect the last person to make their way back to Library Square by 7:45pm. The route is a follows: Head south on Main Street from Library Square and continue to 7th Avenue Turn LEFT onto 7th Avenue Turn LEFT onto Hassan Street and continue to 2nd Avenue Turn RIGHT onto 2n Avenue and continue to Arch Street Turn LEFT onto Arch Street and continue to Luce Line Trail Head. Turn LEFT onto Luce Line Trail and proceed to Main Street bridge Exit trail (using grassy area behind Utilities) and turn LEFT on Main Street Proceed south on Main Street back to Library Square. The Police Department can accommodate this request with 3 off -duty officers. The Police Department looks forward to working Mr. Vaillancourt and his group to make this a successful event. BOARD ACTION REQUESTED: I recommend approval. Fiscal Impact: $ 300.00 Funding Source: Police FTE Impact: 3.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 300.00 Total City Cost: $ 300.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Consideration for Approval of Project Change Orders /Supplemental Agreements Department: PW /Eng LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: As construction has proceeded on the below listed projects there has been additional work, project scope revisions, and /or construction completion date changes. The items specified below have been identified and deemed necessary to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders are proposed as noted: o Change Order No. 2 — Letting No. 8B /Project No. 13 -08B — Depot Site Improvements This Change Order addresses: 1) Installation of conduit sleeve for lighted sign 2) Striping of Parking Lot 3) Extension of completion date to 08/23/2013 due to unavailability of the site as the remediation project extended beyond the contract date and the building will not moved back onto the new foundation until 08/09/2013. The additional work results in an increase to the contract in the amount of $2,177.58. o Change Order No. 3 — Letting No. 1 /Project No. 12 -01 — 5th Avenue NW Improvements This Change Order addresses an incentive payment for bituminous paving placement per MnDOT's project specifications. The additional work results in an increase to the contract in the amount of $3,052.90. BOARD ACTION REQUESTED: Approval of Change Orders Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 3,052.90 Total City Cost: $ 3,052.90 Funding Source: 2012 & 2013 Construction Funds Remaining Cost: $ 0.00 Funding Source: - HUTCHINSON CITY CENTER city of ENGINEERING DEPARTMENT 7AZ=p�7 111 HASSAN STREET SE, HUTCINSON MN 55350 PHONE: 320-234-4209 FAX: 320-234-4240 LETTING NO. 813 - PROJECT NO. 13 -08B Dated: 07/31/2013 CHANGE ORDER NO. 2 Page 1 of 1 Project Location: Railroad Depot Site Improvements - 25 Adams St SE CONTRACTOR: Wm Mueller & Sons Inc, 831 Park Ave, P O Box 247, Hamburg MN 55339 Contract Amount: $1853257.67 Completion Date: Final: 08/02/2013 Revised: 08/23/2013 Description of Change: This Change Order addresses: 1) Installation of conduit sleeve for lighted sign. 2) Striping of parking lot. 3) Extension of completion date to August 23, 2013. Item No. Spec. Ref. r Item Name Unit Quantity Unit Price Amount INCREASE ITEMS 42 2360.503 4" CONDUIT SLEEVE (80') LS 1.00 $1,209.62 $1,209.62 43 2582.501 2 PAVEMENT MESSAGES & STRIPING OF PARKING LOT - OIL BASE LS 1.00 $770.00 $770.0 44 3882.100 Contractor 10% Allowance LS 1.00 $197.96 $197.96 TOTAL INCREASE ITEMS DECREASE ITEMS: TOTAL DECREASE ITEMS NETCHANGE ---------------------------------------------------------------------------------------------------------------------------------------------- - - - - -- $2,177.58 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $2,177.58 (add)/{e►st An extension of 0 calendar days shall be allowed for completion. ORIGINAL CONTRACT AMOUNT PREVIOUS ADDITIONS /DEDUCTIONS THIS ADDITION (SON TOTAL $185,257.67 $6,876.87 1 $2,177.58 $194,312.12 Approved: Contractor - Wm Mueller & Sons Inc Dated: Approved: City of Hutchinson - Mayor: Steven W Cook I Dated: 08/13/2013 Approved: City of Hutchinson - City Engineer: Kent Exner Dated: Approved: City of Hutchinson - City Administrator: Jeremy J Carter I Dated: 08/13/2013 il Change Order STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City /County of City of Hutchinson Change Order No. 3 Page 1 of 1 Nov 2007 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. Quantity SAP 133 - 128 -002 L1 P12 -01 L1 P12 -01 Fund 7731 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Hjerpe Contracting Inc 5th Avenue NW from Kouwe St NW to TH15 16246 Hwy 15 S TOTAL CHANGE ORDER AMOUNT Hutchinson, MN 55350 $3,052.90 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. This Change Order addresses: 1) Incentive for bituminous pavement density as outlined within Mn /DOT Specification 2360. The addition cost results in an increase to the contract in the amount of $3,052.90. COST BREAKDOWN Item No. Item Unit Unit Price Quantity Amount Funding Category No. 001 2360.503 INCENTIVE - TYPE SPWEA240C WR CRS MIX - STREET - LOTS 4 & 5 - DENSITY INCENTIVE PER SPEC - 1.5" LIFT LUMP SUM $3,052.90 1 $3,052.90 Funding Category No. 001 Total: $3,052.90 Change Order No. 3 Total: $3,052.90 Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. [ X ] Is Not Changed [ ] Is Decreased by Working Days [ ] Is Increased by Calendar Days c. [ ] May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days Approved By Project Engineer: Kent Exner Approved By Contractor: Hjerpe Contracting Inc Hutchinson City Council Approval: 08/13/2013 Signed Signed Date: 08/13/2013 Phone: (320) 234 -4212 Date: Phone: 234 -8305 Original to Project Engineer; Copy to Contractor Once contract has been fully executed, forward a copy to DSAE for funding review: The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules /Policy. Eligibility does not guarantee funds will be available. This project is eligible for: Federal Funding State Aid Funding Local funds District State Aid Engineer: Date: http: 156.142.99.8 RtAEC Report, rpt_ChangeOrder .asp ?changeorderid =l2 8;7?013 HUTCHINSON CITY CENTER City f ENGINEERING DEPARTMENT Jim L -. 111 HASSAN STREET SE, HUTCINSON MN 55350 PHONE: 320-234-4209 FAX: 320-234-4240 LETTING NO. 1 /PROJECT NO. 12 -01 Dated: 08/07/2013 CHANGE ORDER NO. 3 Page 1 of 1 Project Location: 5th Avenue NW CONTRACTOR: Hjerpe Contracting Inc, 16246 Hwy 15 S, P O Box 517, Hutchinson MN 55350 Contract Amount: $1,427,549.52 Completion Dates: Phase 1 - 07/20/2012/ Phase 2 - 08/31/2012 Completion Except for Wear Coarse: 10/19/2013 Final Completion Date: 08/14/2013 Description of Change: This Change Order addresses the incentive for bituminous pavement density as outlined within Mn /DOT Specification 2360. The additional cost results in an increase to the contract in the amount of $3,052.90 Item No. Spec. Ref. Item Name L22it j Quantity % Unit Price Amount INCREASE ITEMS: 117 2360 TYPE SPWEA240C WEARING COURSE MIXTURE 1 1/2" DEPTH SY 10629 $8.75 LOT 4 - DENSITY INCENTIVE PER SPECIFICATIONS (4% of $8.75) SY 4956 4% $0.3535 $1,751.9 LOT 5 - DENSITY INCENTIVE PER SPECIFICATIONS (3% OF $8.75) SY 4956 3% $0.2625 $1,300.9 TOTAL INCREASE ITEMS $3,052.90 DECREASE ITEMS: TOTAL DECREASE ITEMS $315190 NET INCREASE --------------------------------------------------------------------------------------- - - - - -- $3,052.90 In accordance with the Contract and Specifications, the contract amount shall be adjusted in the amount of $ 3,052.90 (add)/(dedi+st). An extension of - - -- days shall be allowed for completion. ORIGINAL PREVIOUS ADDITIONS /DEDUCTIONS THIS ADDITION / ON CONTRACT AMOUNT TOTAL $1,427,549.52 $0.00 $3,052.90 $1,430,602.42 Approved: Dated: 08/13/2013 City of Hutchinson - Mayor: Steven W Cook Approved: Dated: 08/13/2013 City of Hutchinson - City Administrator: Jeremy J Carter HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Consideration for Approval of Airport Maintenance & Operation Agreement Department: PW /Eng LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Every two years, the MnDOT Office of Aeronautics updates their agreement relating to State Aid for Airport Maintenance and Operation. This agreement will cover the period of July 1, 2014 through June 30, 2015. The maximum annual reimbursement for eligible expenses is $22,937 per year for each of the State Fiscal Years. City staff generally prepares cost summaries each quarter. These summaries are submitted for reimbursement. Most airport expenses are eligible, so the maximum State Aid reimbursement is generally received by the City. The agreement should be signed by both the Mayor and City Administrator. There is a resolution that should be passed "Authorization to Execute Minnesota Department of Transportation Grant Agreement for Airport Maintenance and Operation ". In year's past, this has been designated to the Mayor and City Administrator. A copy of the resolution and 3 copies of the agreement should be signed by both the Mayor and City Administrator and sent back to MnDOT Office of Aeronautics. We will get one fully executed copy back from MnDOT. BOARD ACTION REQUESTED: Approve Resolution "Authorization to Execute Minnesota Department of Transportation Agreement for Airport Maintenance and Operation" D Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: -$ 45,874.00 Total City Cost: -$ 45,874.00 Funding Source: REVENUE - Airport (General Fund) '14 &'15 Remaining Cost: $ 0.00 Funding Source: •*``' "�S °'qy Minnesota Department of Transportation Office of Aeronautics � MS410 OF TP y 222 East Plato Blvd. Saint Paul, MN 55107 July 15, 2013 Mr. John Olson Public Works Manager City of Hutchinson 1400 Adams Street Southeast Hutchinson, MN 55350 -7010 Dear Mr. Olson: Subject: State Aid for Airport Maintenance and Operation State Fiscal Years (SFYs) 2014 and 2015 Enclosed are three copies of the agreement for requesting state aid for eligible costs you incur for maintaining your airport from July 1 through June 30 of each SFY. Also included is a resolution form authorizing the execution of the Maintenance and Operation Agreement. You may use this form or send in the standard resolution form used by your Board or Council. Please return three signed copies of the agreement and resolution with original signatures to Jenny Bahneman of our office (mailing label enclosed). After the agreement has been signed and approved, a copy will be returned to you. You will be reimbursed for 2/3 of the eligible item costs up to the amount indicated in your grant agreement. Due to budget constraints, we are unable to redistribute the total available maintenance dollars for expansion projects that created more airport infrastructure. Please do not submit additional expenses once you have received 100% of your grant agreement dollar amount. Prior to any reimbursement being made by the state, the municipality must have a zoning authority established, and such authority must have adopted or be in the process of adopting an airport zoning ordinance in accordance with Minnesota Statute. Reimbursement may be denied entirely, or in part, if the airport is not properly maintained. It is particularly important during the winter and spring seasons, or when hazardous conditions may exist, to keep the air - traveling public informed of the status or condition of your airport. This is accomplished by filing an e -NOTAM or by notifying Flight Service at 1 -877 -487 -6867. Sincerely, Cassandra Isackson, P.E. Director Enclosures An Equal Opportunity Employer E) 0 0 Rev. 3, 05/13 MnDOT Agreement No. 03888 GRANT AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATION This Agreement is by and between the state of Minnesota acting through its Commissioner of Transportation ( "State "), and the City of Hutchinson ( "Recipient "). WHEREAS, the Recipient desires the financial assistance of the State for maintenance and operation of the Hutchinson Municipal Airport ( "Airport "); and WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 and 360.305 to provide financial assistance to the Recipient for its airport. NOW, THEREFORE, it is agreed as follows: 1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect for the State's fiscal years 2014 and 2015. 2. If paint striping of the Airport is a part of this Agreement, the State will contract for the periodic paint striping of the airport runways and taxiways. The Recipient agrees to a deduct of $331.00 as its assigned share of airport paint striping. The Recipient agrees to cooperate with the marking operation. 3. The Recipient will keep the runway and the area around the lights mowed. The grass will be mowed at least 7 feet beyond the lights, and at no time will the grass exceed 6 inches in height on the landing area. 4. If the Airport is to remain operational during the winter months, the Recipient will keep at least one runway, associated taxiway, and apron area cleared of snow and ice to the same priority as arterial roads. Snow banks will be limited in height so that aircraft wings, engines, and propellers will clear them, and landing strip markers and /or lights will remain visible. 5. The Airport must pass periodic inspections performed by a representative of the Office of Aeronautics for compliance with the rules of the Department of Transportation and for compliance with this Agreement. If the Airport is not so maintained, then no reimbursement will be made hereunder. 6. The State will reimburse the Recipient for 2/3 of the eligible maintenance and operation costs not reimbursed by any other source, not to exceed $22,937.00 of State aid for each State fiscal year. If applicable, this base amount already includes the deduct for paint striping. 7. The Recipient may submit a breakdown of its incurred costs to the Director of the Office of Aeronautics, quarterly, on forms supplied by the Office of Aeronautics if said incurred costs total at least $5,000.00 for the quarter. Costs are to be submitted as follows: a. In October for the period July l through September 30. b. In January for the period October 1 through December 31. c. In April for the period January 1 through March 31. d. In July for the period April 1 through June 30. Final costs must be submitted to the Director of the Office of Aeronautics on or before August 1 for each State fiscal year ending June 30. No requests received after August I for the preceding State fiscal year will be honored by the State. The State reserves the right to reject items that may not be eligible for reimbursement, and reimbursement may be denied entirely if the Airport is not properly maintained in accordance with this Agreement. Page 1 of 3 8. The Recipient has established a zoning authority for the Airport, and such authority has completed, or is in the process of and will complete, with due diligence, an airport zoning ordinance in accordance with Minnesota Statutes Sections 360.061 to 360.074. 9. The State may immediately terminate or suspend this Agreement if the funds necessary to pay the State's share are not received from the Minnesota Legislature or other funding source. The State will provide notice of such lack of funding as soon as possible. Upon such termination or suspension, the State will pay the Recipient a pro-rata share for work performed prior to such notice, to the extent that funds are available. 10. Under Minnesota Statutes § 16C.05, subd. 5, the Recipient's books, records, documents, and accounting procedures and practices relevant to this Grant Contract are subject to examination by the State and/or the State Auditor or Legislative Auditor, as appropriate, for a minimum of six years from the end of this Grant Contract. 11. The Recipient and State must comply with the Minnesota Government Data Practices Act, Minnesota Statutes § Chapter 13, as it applies to all data provided by the State under this Grant Contract, and as it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Recipient under this Grant Contract. The civil remedies of Minnesota Statutes § 13.08 apply to the release of the data referred to in this clause by either the Recipient or the State. 12. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County, Minnesota. 13. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment opportunity requirements of Minnesota Statutes Section 181.59. 14. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited to, its costs and attorney's fees which is subject to this Agreement. 15. Recipient's employees, contractors, and consultants will not be considered State employees. Any claims that may arise under the Minnesota Workers' Compensation Act, Minnesota Statute Chapter 176, on behalf of these employees, contractors, and consultants and any claims made by any third party as a consequence of any act or omission on the part these employees, contractors, and consultants are in no way the State's obligation or responsibility. Page 2 of 3 State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minnesota Statutes § 16A.15. S-5 5 Date: Purchase Order (PO) ID No: MnDOT Contract Management as to form & execution �: Date: Recipient Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable resolutions, charter provisions or ordinances. By: Title: Date: By: Title: Date: Commissioner, Minnesota Department of Transportation Director, Office of Aeronautics Date: Page 3 of 3 RESOLUTION NO. 14179 AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT MAINTENANCE AND OPERATION It is resolved by the City of Hutchinson as follows: 1. That the State of Minnesota Agreement No. 03888, "Grant Agreement for Airport Maintenance and Operation," at the Hutchinson Municipal Airport is accepted. 2. That the Mayor and City Administrator are authorized to execute this Agreement and any amendments on behalf of the City of Hutchinson. Adopted by the Hutchinson City Council on this 13th day of August, 2013. Mayor, Steven W. Cook City Administrator, Jeremy J. Carter HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration for Approval of Airport Hangar Lease Department: PW /Eng LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: After 8 years of operations at Hutchinson Municipal Airport, Life Link III, a Helicopter Emergency Medical Service (HEMS), has terminated their lease at the airport. The last month of rental was for July, 2013. Subsequent to the vacation of the Life Link III hangar, the City was contacted by ASI Jet Ag Division (ASI), the company currently doing aircraft maintenance at the airport. ASI has experienced growth in their maintenance demand over the last 6 months and would like to utilize the hangar. This agreement will be effective beginning August 1, 2013 and will be effective on a month -to -month bases. Rent for the hangar will be at $915 per month, which meets the parameters set by the Airport Commission at their July meeting. Please note, the agreement includes a provision that no maintenance work (other than inspections, minor repairs to fuselage systems, and electronics) may be done in the hangar without the City's consent. This provision is included to ensure activities in the building comply with building codes. The agreement should be signed by both the Mayor and City Administrator. BOARD ACTION REQUESTED: Approval of Airport Hangar Lease with ASI Jet Ag Division Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: -$ 10,980.00 Total City Cost: -$ 10,980.00 Funding Source: Annualized REVENUE -Airport Remaining Cost: $ 0.00 Funding Source: C City of Hutchinson Public Works Department Maintenance Operations 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4219 Fax (320) 234 -6971 July 25, 2013 To: Tim Ashenfelter, President, ASI Jet Ag Division From: John Olson, Public Works Manager Subject: Hangar Lease documents Attached is the proposed airport lease with ASI Jet Ag Division The term of the lease is month to month beginning August 1, 2013 until terminated. LEASE AGREEMENT BETWEEN CITY OF HUTCHINSON AND ASI JET AG DIVISION This agreement, made this 1St day of August, 2013, by and between the CITY OF HUTCHINSON (the "City ") and ASI Jet Ag Division (the "tenant "), is for the purpose of outlining the rights and responsibilities of the parties to this Agreement. The parties to this Agreement do agree as follows: 1. Lease of airport property: The tenant leases from the City an aircraft hangar located at 1720 Butler Field Dr SW, Hutchinson, MN 55350. The hangar being further described on a map located at the City Public Works Department office. The hangar is situated upon the Hutchinson Municipal Airport, Butler Field, an airport owned by the City. The hangar is leased together with land and any improvements associated with it. 2. Use of the airport: The tenant has the privilege of using public portions of the airport in common with other users. Use of the airport by the tenant is subject the rules and conditions as now exist or may be enacted in the future by the Federal, State or City governments. The tenant is subject to customary charges for such use as may be established from time to time by the Federal, State or City governments. 3. Term of this agreement: The terms of this agreement begin the date on which this agreement has been signed and approved by the City Council and shall continue month to month, until the agreement is modified by mutual consent, or until notice of termination is given in accordance with provisions herein. 4. Lease payments: The tenant agrees to pay to the City: A sum of $915 per month is payable no less than once per month. Lease payments shall include hangar space and any improvements associated with it. Lease payments shall not be refundable. After one year, the City reserves the right to negotiate or amend rates related to this lease. Revisions shall be reasonable and uniform as compared with other fees and rents charged at the City's airport and shall not exceed five percent (5 %) biannually. The City shall give lease rate revisions due regard to the value of the property leased, the improvements used, and the expense to the City of the tenant's operations. Revisions shall be adopted by the City Council. 5. Municipal utilities: The tenant is required remain connected to on -site natural gas, electric, water, sewer, waste treatment utilities and other municipal utilities. 6. Placement of improvements on leased property: A) The tenant agrees that any improvements made by the tenant shall be placed and maintained at no cost to the City. Permanent improvements shall only be made upon receipt of written permission from the City. In the event improvements are moved or fall into disrepair or disuse during the terms of this agreement, the City may terminate the lease without further obligation to the tenant. B) Improvements placed upon leased property shall be placed and maintained in compliance with applicable regulations. Improvements and any attachments and appurtenances thereto, excluding those on publicly accessible apron, ramps, parking areas, and driveways up to and associated with the improvement, shall be considered as being located entirely upon the premises. C) Tenant shall ensure that improvements conform to design standards described by the City. These design standards may include, but are not limited to, color, style, size, signs and placards, and other aesthetic requirements; as well as engineering requirements including, placement of improvements upon the lot, drainage considerations, apron or approach design standards, prescribed floor elevations, placement of utility services, and firewalls. Construction and significant improvements may not begin before receiving written authority from the City. D) The tenant shall obtain the necessary regulatory authority and permits from the City for placement of and modifications to the improvement. 6. Use and maintenance of leased property: Tenant, at their own cost and expense, shall take good care of the leased property and any facilities placed thereon. A) The tenant agrees that all aircraft mechanic work, other than inspections, minor repairs to the fuselage systems or electronics of any aircraft, shall be completed in the maintenance hangar, unless specific written approval is granted by the City. The tenant shall keep and maintain the property in good order and repair and in a clean and neat condition. Tenants shall not permit any waste or nuisance on the leased property nor permit anything on the leased property to interfere with the rights of other tenants of the City or users of the airport. In the event the property is not properly maintained, the City may, after notifying the tenant, cause the property to be maintained. The costs of maintenance and an administrative fee will be billed to the tenant and become their responsibility. Unpaid billings constitute a default. B) Tenants may not store any property outside, except for property commonly stored outdoors, including but not limited to refuse containers, liquid petroleum tanks, etc., provided such property is properly secured. C) The cost for customary maintenance routinely performed by the City, related to areas affecting the value or use of leased properties are included in the lease costs charged for the property, including snow removal, grounds maintenance and maintenance of public apron areas. D) The City performs snow removal throughout the City on a priority basis. The City reserves the right to perform snow removal functions whenever, and in whatever manner, it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, snow removal immediately adjacent to the tenant's premises is the tenant's responsibility. The City is not required to perform any snow removal function on leased property, but may plow snow on or adjacent to leased properties to expedite other snow removal operations at the airport. E) Mowing and weed control immediately adjacent to the tenant's premises are the tenant's responsibility. The City reserves the right to perform mowing and weed control functions whenever and in whatever manner it deems necessary. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. The City may mow or perform weed control on or adjacent to leased properties to expedite other maintenance operations. F) The City shall establish the standards by which public apron, ramp areas, and other paved surfaces are maintained. The City intends to provide service up to a reasonable and safe distance from the tenant's premises. In any case, the tenant is responsible for maintaining ramp areas and other paved surfaces immediately adjacent to the tenant's premises. G) The tenant must allow the City to access to the premises for the purpose of conducting inspections of the premises to determine whether the tenant is complying with the provisions of this agreement. The occupant may be a party to any compliance inspection, and the City is required to notify the occupant, under Section 15 of this agreement, and make reasonable accommodation to the tenant before conducting compliance inspections. 7. Taxes, assessments, and other charges: A) In addition to other charges identified in this agreement, the tenant shall pay any taxes, assessments, licenses, fees, or other charges that may be levied or assessed upon the tenant's business, property or premises, or as a result of any activity of the tenant. If the City incurs costs on the tenant's behalf, those costs shall be billed to the tenant. Upon request by the City, the tenant shall provide proof payment of such additional charges. B) The tenant shall establish their own accounts for utilities, and pay all rates and charges for any utility used or consumed in connection with or in the leased property during the term of this agreement and shall be subject to all city ordinances and policies regarding gas, water, wastewater, and electric service. The tenant shall install appropriate utility meters and pay billings for utility service prepared by the City, based upon rates paid to the utility service provider by the City. Upon request by the City, the tenant shall provide proof of such payment. C) In the event the tenant fails to pay the lease payments, taxes, assessments, fees, or other charges due, the City shall notify the tenant of the default. If the tenant fails to cure such default, the City shall have the right to terminate this lease in accordance with section 8 of this Agreement. 8. Termination provisions: A) At the termination of this lease the tenant has the privilege of removing property placed upon the leased lot by the tenant, including any permanent improvements that were previously approved by the City. The tenant shall obtain all required permits and regulatory authority. Tenant shall ensure site is restored in accordance with information included in an attachment hereto. The tenant shall have a period of ninety (90) days from the termination date to remove property. If the tenant does not remove the property within ninety (90) days, the City may retain ownership of the building and property for any municipal purpose or otherwise cause the building to be removed at the tenant's expense. B) If the leased premises becomes deserted, abandoned or vacated, the City may terminate the lease. If the tenant's interest in the property is taken by process of law, the City may terminate the lease. If the leased premises are destroyed, the City or tenant shall have the right to terminate this agreement upon giving written notice, with response, to the other party. C) Should the tenant default in the performance of any terms, conditions or covenants of this agreement not otherwise specified, and should the default continue for a period of more than thirty (30) days after the City serves the tenant with written notice, the City may terminate the lease. Serving the tenant with written notice includes reasonable attempts by the City to contact the tenant, and may include use of certified mail with return receipt and /or personal service. This may be done with or without terminating this agreement and without prejudice to any other remedy for lease payments or breach of covenant. In any such event the City may terminate this agreement by giving written notice of the termination. The rights and remedies given to the City are, and shall be deemed to be, cumulative, and the exercise of one shall not be deemed to be an election excluding the exercise by the City at any other or different time of a different or inconsistent remedy. Penalties described in the current approved version of Hutchinson Municipal Airport — Minimum Standards for Aeronautical Activity may also be imposed as described. D) Should the leased property be declared condemned, because the airport is closed to the public, or the property is needed for another municipal purpose, the City shall provide the tenant with at least ninety -days (90 days) notice of such action. 9. Liability provisions: A) The tenant agrees to defend, indemnify and hold harmless, including reasonable attorneys' fees, the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or for loss of or damage to property or injury to persons occurring on or about the above described premises arising out of or by reason of the execution or the performance of the services provided in accordance with this agreement. The City shall not be liable to any extent for, nor will the tenant make any claim against the City for nor on account of any injury, loss or damage resulting from the tenant's property or use thereof, including any claims by third parties. B) The tenant shall obtain and keep current a liability insurance policy with the City as a named additional insured and shall be in a form acceptable to the City. Inability to keep adequate insurance coverage shall be considered a default. C) The tenant shall obtain, and provide upon request verification of, all licensure requirements of the City of Hutchinson, County of McLeod, State of Minnesota and /or the United States Government to legally conduct operations at Hutchinson Municipal Airport and to comply with this agreement. 10. Transferring, subletting, selling: The tenant shall not transfer, sublet or sell any interest in this agreement or in the improvements located on leased property without first obtaining the written consent of the City. 11. Amendments: This agreement shall not be amended except by written document signed by all parties to this agreement. 12. Discrimination provision: The tenant, in the use of the Hutchinson Municipal Airport, shall not discriminate or permit discrimination against any person or group of persons on the grounds of race, color, or national origin or in any manner prohibited by Part 21 of the Regulations of the Office of the United States Secretary of Transportation, and the tenant further agrees to comply with any requirement made to enforce such regulation which may be demanded of the City by the United States Government under authority of said Part 21. 13. Laws, rules and regulations: The tenant shall abide by and conform with all laws, rules, and regulations, including future amendments thereto, controlling or in any manner affecting the tenant relative to the use or occupancy of the tenant. 4 14. Venue for causes of action: The laws of the State of Minnesota shall govern this lease and the venue for any causes of action shall be McLeod County, Minnesota. 15. Notices: All notices under this agreement shall be sent to the following addresses. Tenant is responsible for notifying the City of mailing address changes. If to the City: City of Hutchinson Airport Manager Hutchinson Municipal Airport — Butler Field 111 Hassan St SE Hutchinson, MN 55350 If to the tenant: Tim Ashenfelter, President ASI Jet Ag Division PO Box 44458 Eden Prairie, MN 55344 CITY OF HUTCHINSON: By: Attest: TENANT: By: Tim Ashenfelter, President Dated: 08/13/2013 (Steven W. Cook, Mayor) (Jeremy J. Carter, City Administrator) (Tenant) Dated: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration for Approval of Airport Grant Assurances Department: PW /Eng LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: From time to time, the Federal Aviation Administration (FAA) updates terms and conditions of accepting airport improvement grants. The last time the City approved terms and conditions of accepting airport improvement grants was May 22, 2012. The updated document is dated May 2013 and involves two minor changes to the document approved in 2012: 1) a requirement to utilize a web -based system implemented by FAA for submitting payment requests from grantees instead of using paper copies. 2) an update of applicable FAA Advisory Circulars (documents that detail various items related to improvements which are used, as applicable, to a variety of improvement projects). A City official should be designated as the "Designated Official Representative" to sign the document. Staff is recommending that Jeremy Carter, City Administrator, be so designated, as he was for the 2012 document. BOARD ACTION REQUESTED: Designate Jeremy Carter, City Administrator, as Designated Official Representative to execute the "Terms and Conditions of Accepting Airport Improvement Program Grants" document. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: M';�_ May 2013 U. S. Department of Transportation Federal Aviation Administration Terms and Conditions of Accepting Airport Improvement Program Grants Sponsor: CITY OF HUTCHINSON, MN Airport: HUTCHINSON MUNICIPAL - BUTLER FIELD This document contains the terms and conditions of accepting Airport Improvement Program (AIP) grants from the Federal Aviation Administration (FAA) for the purpose of carrying out the provisions of Title 49, United States Code. These terms and conditions become applicable when the sponsor accepts a Grant Offer from the FAA that references this document. The terms and conditions may be unilaterally amended by the FAA, by notification in writing, and such amendment will only apply to grants accepted after notification. I. Certifications Section 47105(d), Title 49 of the United States Code authorizes the Secretary to require certification from sponsors that they will comply with statutory and administrative requirements. The following list of certified items includes major requirements for this aspect of project implementation. However, the list is not comprehensive, nor does it relieve sponsors from fully complying with all applicable statutory and administrative standards. In accepting a grant, the sponsor certifies that each of the following items will be complied with in the performance of grant agreements. If a certification cannot be met for a specific project, the sponsor must fully explain in an attachment to the project application. A. Sponsor Certification for Selection of Consultants General procurement standards for consultant services within Federal grant programs are described in 49 CFR 18.36. Sponsors may use other qualifications -based procedures provided they are equivalent to specific standards in 49 CFR 18 and Advisory Circular 150/5100 -14. 1. All advertisements will be placed to ensure fair and open competition from a wide area of interest. 2. For any and all contracts over $25,000, consultants will be selected using competitive procedures based on qualifications, experience, and disadvantaged business enterprise requirements with the fee determined through negotiation. 3. An independent cost analysis will be performed, and a record of negotiations will be prepared reflecting the considerations involved in the establishment of fees for all engineering contracts with basic service fees exceeding $100,000. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 1 of 33 4. If any services are to be performed by sponsor force account personnel prior approval must be obtained from FAA. 5. All consultant services contracts will clearly establish the scope of work and delineate the division of responsibilities between all parties engaged in carrying out elements of the project. 6. All costs associated with work ineligible for AIP funding will be clearly identified and separated from eligible items. 7. All mandatory contract provisions for grant- assisted contracts will be included in all consultant services contracts. 8. If any contract is awarded without competition, pre -award review and approval will be obtained from FAA. 9. Cost - plus - percentage -of -cost methods of contracting prohibited under Federal standards will not be used. 10. If services being procured cover more than a single grant project the scope of work will be specifically described in the advertisement, and future work will not be initiated beyond five yea rs. B. Sponsor Certification for Project Plans and Specifications General AIP standards are described in Advisory Circulars 150/5100 -6, 150/5100 -15, and 150/5100 -16. A list of current advisory circulars with specific standards for design or construction of airports and procurement or installation of airport equipment and facilities is referenced in Section III.C.24. 1. All plans and specifications will be developed in accordance with all current applicable Federal standards and requirements, or state standard specifications developed under a Federal grant, and no deviation from or modification to standards set forth in the advisory circulars will be allowed without prior approval of the FAA. 2. All equipment specifications will rely on the national standards as contained in the Advisory Circulars, without deviations, to the maximum extent possible. Specifications for the procurement of equipment for which there is no Federal specification or standard, will not be proprietary nor written to restrict competition. If there is no national standard, or if the national standard provides for a choice to be made, at least two manufacturers will assure that they can meet the specification. A deviation from the national standard will require FAA approval of the design standard modification. 3. All development to be included in any plans is depicted on an Airport Layout Plan approved by FAA. 4. All development which is ineligible for AIP funding will either be omitted from the plans and specifications or costs associated with ineligible or AIP non - participating items will be separated and noted as non -AIP work and deducted from AIP project reimbursement requests. 5. Process control and acceptance tests required for any and all projects by standards contained in Advisory Circular 150/5370 -10 will be included in the project specifications. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 2 of 33 6. If a value engineering clause is incorporated into any contract, concurrence will be obtained from FAA. 7. All plans and specifications will incorporate applicable requirements and recommendations set forth in the Federally approved environmental finding. 8. For all construction activities within or near aircraft operational areas, the applicable requirements contained in Advisory Circular 150/5370 -2 will be discussed with FAA and incorporated into the specifications. A safety/phasing plan will be prepared, and prior FAA concurrence will be obtained. 9. All projects will be physically completed without Federal participation in costs that are due to errors or omissions in the plans and specifications that were foreseeable at the time of project design. 10. All Airport Layout Plan (ALP) revisions and proposals for facility construction clearance will include coordinates that are either surveyed or based on reference coordinates previously found acceptable to FAA. The coordinates will be verified and found consistent with the dimensions shown on the project sketch /ALP. The coordinates will be in terms of the North American Datum of 1983. 11. All site elevations on Airport Layout Plan (ALP) revisions and proposals for construction clearance will be within +/ -0.1 foot vertically and the vertical datum will be in terms of the National Geodetic Vertical Datum of 1929. C. Sponsor Certification for Equipment/ Construction Contracts Standards for advertising and awarding equipment and construction contracts within Federal grant programs are described in 49 CFR 18.36. Sponsors may use their procurement procedures reflecting State and local laws or regulations provided procurements conform to specific standards in 49 CFR 18 and Advisory Circulars 150/5100 -6, 150/5100 -15, and 150 - 5100 -16. 1. A code or standard of conduct will be in effect governing the performance of the sponsor's officers, employees, or agents in soliciting and awarding procurement contracts. 2. Qualified personnel will be engaged to perform contract administration, engineering supervision, and construction inspection and testing on all projects. 3. All procurement will be publicly advertised using the competitive sealed bid method of procurement. If procurement is less than $100,000, project may use three (3) quote method. 4. All requests for bids will clearly and accurately describe all administrative and other requirements of the equipment and /or services to be provided. 5. Concurrence will be obtained from FAA prior to contract award under any of the following circumstances: a. Only one qualified person /firm submits a responsive bid, b. The contract is to be awarded to other than the lowest responsive and responsible bidder, c. Life cycle costing is a factor in selecting the lowest responsive bidder, Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 3 of 33 d. Proposed contract prices are more than 10% over the sponsor's cost estimate. 6. All contracts exceeding $100,000, require a bid guarantee of 5 %, a performance bond of 100 %, and a payment bond of 100 %. 7. All contracts exceeding $100,000 will contain provisions or conditions specifying administrative, contractual, and legal remedies, including contract termination, for those instances in which contractors violate or breach contract terms. They also will contain provisions requiring compliance with applicable standards and requirements issued under Section 306 of the Clean Air Act (42 USC 1857(h)), Section 508 of the Clean Water Act (33 USC 1368), Executive Order 11738, and environmental protection regulations (40 CFR Part 15). 8. All construction contracts involving labor will contain provisions insuring that in the employment of labor preference will be given to honorably discharged Vietnam era veterans and disabled veterans. 9. All construction contracts exceeding $2,000 will contain provisions requiring compliance with the Davis -Bacon Act and bid solicitations will contain a copy of the current Federal wage rate determination. Provisions requiring compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 USC 327 -330) and the Copeland "Anti -Kick Back" Act will be included. 10. All construction contracts exceeding $10,000 will contain appropriate clauses from 41 CFR Part 60 for compliance with Equal Employment Opportunity Executive Order 11246. 11. All contracts and subcontracts will contain clauses required from Title VI Civil Rights Assurances and 49 CFR 26 for Disadvantaged Business Enterprises. 12. Appropriate checks will be made to assure that contracts or subcontracts are not awarded to those individuals or firms suspended, debarred, or voluntarily excluded from doing business with any DOT element and appearing on the DOT Unified List. D. Sponsor Certification for Real Property Acquisition Requirements on real property acquisition and relocation assistance are in 49 CFR 24 and the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (Uniform Act). 1. Good and sufficient title will be held on property in any and all projects. The sponsor's attorney or other official will prepare and have on file title evidence on the property. 2. If defects and /or encumbrances exist in the title, which adversely impact the sponsor's intended use of property in the project, they will be extinguished, modified, or subordinated. 3. If property for airport development will be leased, the term is for 20 years or the useful life of the project. The lessor is a public agency and the lease contains no provisions, which prevent full compliance with the grant agreement. 4. Property will be in conformance with the current Exhibit A (property map). The property map is based on deeds, title opinions, land surveys, the approved Airport Layout Plan, and project documentation. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 4 of 33 5. For any and all acquisition of property interest in noise sensitive approach zones and related areas, property interest will be obtained to ensure land is used for purposes compatible with noise levels associated with operation of the airport. 6. For all acquisition of property interest in runway protection zones and areas related to FAR Part 77 surfaces, property interest will be obtained for the right of flight, right of ingress and egress to remove obstructions, right to make noise associated with aircraft operations, and to restrict the establishment of future obstructions. 7. All appraisals will include valuation data to estimate the current market value for the property interest acquired on each parcel and will be prepared by qualified real estate appraisers hired by the sponsor. An opportunity will be provided the property owner or their representative to accompany appraisers during inspections. 8. All appraisals will be reviewed by a qualified review appraiser to recommend an amount for the offer of just compensation. All written appraisals and review appraisal will be available to FAA for review. 9. A written offer to acquire property will be presented to the property owner for not less than the approved amount of just compensation. 10. Every effort will be made to acquire property through negotiation with no coercive action to induce agreement. If negotiation is successful, project files will contain supporting documents for settlements. 11. If a negotiated settlement is not reached, condemnation will be initiated and a court deposit not less than the just compensation will be made prior to possession of the property. Project files will contain supporting documents for awards. 12. If displacement of persons, businesses, farm operations, or nonprofit organizations is involved, a relocation assistance program will be established. Displaced persons will receive general information in writing on the relocation program, notice of relocation eligibility, and a 90 day notice to vacate. 13. Relocation assistance services, comparable replacement housing, and payment of necessary relocation expenses will be provided within a reasonable time period for displaced occupant in accordance with the Uniform Act. E. Sponsor Certification for Construction Project Final Acceptance General requirements for final acceptance and close -out of Federally funded construction projects are in 49 CFR 18.50. The sponsor shall determine that project costs are accurate and proper in accordance with specific requirements of the Grant Agreement and contract documents. 1. All personnel engaged in project administration, engineering supervision, and construction inspection and testing will be determined to be qualified and competent to perform the work. 2. All daily construction records will be kept by the resident engineer /construction inspector. These records document work in progress, quality and quantity of materials delivered, test locations and results, instructions provided the contractor, weather, equipment use, labor requirements, safety problems, and changes required. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 5 of 33 3. All weekly payroll records and statements of compliance will be submitted by the prime contractor and reviewed by the sponsor for Federal labor and civil rights requirements (Advisory Circular 150/5100 -6 and 150/5100 -15). 4. All complaints regarding the mandated Federal provisions set forth in the contract documents will be submitted to the Department of Labor. 5. All tests specified in the plans and specifications will be performed and the test results documented. A summary of test results will be available to FAA. 6. For all test results outside allowable tolerances, appropriate corrective actions will be taken. 7. All payments to the contractor will be made in compliance with contract provisions and verified by the sponsor's internal audit of contract records kept by the resident engineer. If appropriate, all pay reduction factors required by the specifications will be applied in computing final payments and a summary of pay reductions will be available to FAA. 8. All projects will be accomplished without significant deviations, changes, or modifications from the developed plans and specifications, except where approval will be obtained from FAA. 9. All final project inspections will be conducted with representatives of the sponsor and the contractor. Project files will contain documentation of the final inspection. 10. All work in the Grant Agreement will be physically completed and corrective actions required as a result of the final inspection will be completed to the satisfaction of the construction contract and the sponsor. 11. As -built plans and an equipment inventory, if applicable, will be maintained as sponsor records. If requested, a revised Airport Layout Plan will be made available to FAA prior to start of development. 12. All applicable close -out financial reports will be submitted to FAA within three (3) years of the date of grant. F. Sponsor Certification for Seismic Design and Construction 49 CFR Part 41 sets forth the requirements in the design and construction of the building(s) to be financed with the assistance of the Federal Aviation Administration. Compliance will be met by adhering to at least one of the following accepted standards: 1. Model codes found to provide a level of seismic safety substantially equivalent to that provided by use of the 1988 National Earthquake Hazards Reduction Program (NEHRP) including: a. The 1991 International Conference of Building Officials (IBCO) Uniform Building Code, published by the International Conference of Building Officials, 5360 South Workman Mill Road, Whittier, California 90601. b. The 1992 Supplement to the Building Officials and Code Administration International (BOCA) National Building Code, published by the Building Officials and Code Administrators, 4051 West Flossmoor Road, Country Club Hills, Illinois 60478 -5795. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 6 of 33 c. The 1992 Amendments to the Southern Building Code Congress (SBCC) Standard Building Code, published by the Southern Building Code Congress International, 900 Montclair Road, Birmingham, Alabama 35213 -1206. 2. Revisions to the model codes listed above that are substantially equivalent or exceed the then current or immediately preceding edition of the NEHRP recommended provisions, as it is updated, may be approved by the DOT Operating Administration to meet the requirements of 49 CFR Part 41. 3. State, county, local, or other jurisdictional building ordinances adopting and enforcing the model codes, listed above, in their entirety, without significant revisions or changes in the direction of less seismic safety, meet the requirement of 49 CFR Part 41. G. Sponsor Certification for Drug -Free Workplace 1. The sponsor certifies that it will continue to provide a drug -free workplace by: a. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the sponsor's workplace and specifying the actions that will be taken against employees for violations of such prohibitions. b. Establishing an ongoing drug -free awareness program to inform employees about: (1) The dangers of drug abuse in the workplace. (2) The grantee's policy of maintaining a drug -free workplace. (3) Any available drug counseling, rehabilitation, and employee assistance programs. (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. c. Making it a requirement that each employee to be engaged in the performance of a grant be given a copy of the statement required by paragraph a. d. Notifying the employee in the statement required by paragraph a that, as a condition of employment under a grant, the employee will: (1) Abide by the terms of the statement. (2) Notify the employer in writing of his or her conviction for a violation of a criminal drug statue occurring in the workplace no later than five calendar days after such conviction. e. Notifying the agency in writing, within ten calendar days after receiving notice under paragraph d(2) from an employee or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the Federal agency has designated a central point for the receipt of such notices. Notices shall include the identification number(s) of each affected grant. f. Taking one of the following actions, within 30 calendar days of receiving notice under paragraph d(2) with respect to any employee who is so convicted: Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 7 of 33 (1) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended. (2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State or local health, law enforcement, or other appropriate agency. (3) Making a good faith effort to continue to maintain a drug -free workplace through implementation of paragraphs (a), (b), (c), (d), (e), and (f). 2. The sponsor may insert in the space provided below the site(s) for the performance of work done in connection with grants: Place of Performance (street address, city, county, state, zip code) II. General Conditions A. The allowable costs of all AIP funded project shall not include any costs determined by the FAA to be ineligible for consideration under the Title 49 U.S.C. B. Payment of the United States' share of all allowable project costs will be made pursuant to and in accordance with the provisions of such regulations and procedures as the Secretary shall prescribe. Final determinations of the United States' share will be based upon the final audits of the total amount of allowable project costs, and settlement will be made for any upward or downward adjustments to the Federal share of costs. C. The sponsor shall carry out and complete all AIP funded projects without undue delays and in accordance with the terms hereof, and such regulations and procedures as the Secretary shall prescribe. D. The FAA reserves the right to amend or withdraw a grant offer at any time prior to its acceptance by the sponsor. E. A grant offer will expire, and the United States shall not be obligated to pay any part of the costs of the project unless the grant offer has been accepted by the sponsor on or before 60 days after the grant offer but no later than September 30 of the Federal fiscal year the grant offer was made, or such subsequent date as may be prescribed in writing by the FAA. F. The sponsor shall take all steps, including litigation if necessary, to recover Federal funds spent fraudulently, wastefully, or in violation of Federal antitrust statutes, or misused in any manner in any project upon which Federal funds have been expended. For the purposes of this grant agreement, the term "Federal funds" means funds however used or disbursed by the sponsor that were originally paid pursuant to this or any other Federal grant agreement. It shall obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. It shall return the recovered Federal share, including funds recovered by settlement, order or judgment, to the Secretary. It shall furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 8 of 33 any settlement, litigation, negotiation, or other efforts taken to recover such funds. All settlements or other final positions of the sponsor, in court or otherwise, involving the recovery of such Federal share shall be approved in advance by the Secretary. G. The United States shall not be responsible or liable for damage to property or injury to persons, which may arise from, or be incident to, compliance with a grant agreement. H. If, during the life of an AIP funded project, the FAA determines that a grant amount exceeds the expected needs of the sponsor by $25,000 or five percent (5 %), whichever is greater, a grant amount can be unilaterally reduced by letter from FAA advising of the budget change. Conversely, with the exception of planning projects, if there is an overrun in the eligible project costs, FAA may increase a grant to cover the amount of the overrun not to exceed the statutory fifteen (15 %) percent limitation for primary airports. For non - primary airports, with the exception of planning projects, FAA may increase a grant to cover the amount of overrun by not more than fifteen percent (15 %) of the original grant amount for development and not more than fifteen (15 %) percent of the original grant portion pertaining to land or by an amount not to exceed twenty-five percent (25 %) of the total increase in allowable project costs attributable to the acquisition of land or interests in land, whichever is greater, based on current credible appraisals or a court award in a condemnation proceeding. FAA will advise the sponsor by letter of the increase. Planning projects will not be increased above the planning portion of the maximum obligation of the United States shown in the grant agreement. Upon issuance of either of the aforementioned letters, the maximum obligation of the United States is adjusted to the amount specified. In addition, the sponsor's officially designated representative, is authorized to request FAA concurrence in revising the project description and grant amount within statutory limitations. A letter from the FAA concurring in the said requested revision to the project work description and /or grant amount shall constitute an amendment to a Grant Agreement. I. The requirements set forth in these terms and conditions supersede previous financial invoicing requirements for FAA grantees. Each payment request under this grant agreement must be made electronically via the Delphi eInvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. The following are the procedures for accessing and utilizing the Delphi eInvoicing System. (a) Grant Recipient Requirements. (1) Grantees must have Internet access to register and submit payment requests through the Delphi eInvoicing system unless, under limited circumstances, a waiver is granted by the FAA and DOT under section (c) below. (2) Grantees must submit payment requests electronically and the FAA will process payment requests electronically. (b) System User Access. (1) Grantees must contact the FAA Airports District /Regional Office and officially submit a written request to sign up for the system. The FAA Office of Airports will provide the grantee's name, email address and telephone number to the DOT Financial Management Office. The DOT will then invite the grantee via email to sign up for the system and require the grantee to complete two forms. The grantee will complete a web based DOT registration form and download the Proof of Identification form to verify the grantee's identity. (2) The grantee must complete the Proof of Identification form, and present it to a Notary Public for verification. The grantee will return the notarized form to: DOT Enterprise Services Center FAA Accounts Payable, AMZ -100 Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 9 of 33 PO Box 25710 Oklahoma City, OK 73125 (3) The DOT will validate the both forms and email a user ID and password to the grantee. Grantees should contact the FAA Airports District /Regional Office with any changes to their system information. Note: Additional information, including access forms and training materials, can be found on the DOT eInvoicing website (http: / /www. dot. gov /cfo/ delphi - einvoicing - system.html). (c) Waivers. DOT Financial Management officials may, on a case by case basis, waive the requirement to register and use the electronic grant payment system based on user requests and concurrence of the FAA. Waiver request forms can be obtained on the DOT eInvoicing website (http: / /www. dot. gov / cfo /delphi - einvoicing- system.html) or by contacting the FAA Airports District /Regional Office. Recipients must explain why they are unable to use or access the Internet to register and enter payment requests. (1) All waiver requests should be sent to the FAA Airports District /Regional Office for concurrence, prior to sending to the Director of the Office of Financial Management, US Department of Transportation, Office of Financial Management, B -30, room W93 -431, 1200 New Jersey Avenue SE, Washington DC 20590 -0001, DOTElectroniclnvoicing @dot.gov. The Director of the DOT Office of Financial Management will confirm or deny the request within approximately 30 days. (2) If a grantee is granted a waiver, the grantee should submit all hard -copy invoices directly to: DOT /FAA PO Box 25082 AMZ -110 Oklahoma City, OK 73125 J. Unless otherwise approved by the FAA, it will not acquire or permit any contractor or subcontractor to acquire any steel or manufactured products produced outside the United States to be used for any project for airport development or noise compatibility for which funds are provided under this grant. The sponsor will include in every contract a provision implementing this condition. K. Single Audit Act Requirements. Single Audits are required in accordance with the Single Audit Act of 1984 (as amended) and OMB Circular A -133 "Audits of States, Local Governments, and Nonprofit Organization," as referenced in Federal Regulation 49 CFR Part 18.26. Non - federal entities (airport sponsors including sub - grants recipients under the FAA's State Block Grant Program) that expend $500,000 or more of federal funds in the sponsor's fiscal year must have a single or program- specific audit conducted for that year. The $500,000 threshold represents all federal funding sources, not just grants from the Federal Aviation Administration. Note: Airport sponsors that are part of a larger government entity (city or county) commonly are covered by the larger entity's Single Audit submission, and should coordinate with such entity to ensure this submission fulfills their audit requirement. The audit report is due from the sponsor by the earlier date of either 30 days after receipt of the auditor's report(s), or nine months after the end of the sponsor's fiscal year end date and must be submitted electronically to the Federal Audit Clearinghouse (FAC). Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 10 of 33 L. Trafficking In Persons (d) Provisions applicable to a recipient that is a private entity. (1) You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not— a) Engage in severe forms of trafficking in persons during the period of time that the award is in effect; b) Procure a commercial sex act during the period of time that the award is in effect; or c) Use forced labor in the performance of the award or subawards under the award. (2) We as the Federal awarding agency may unilaterally terminate this award, without penalty, if you or a subrecipient that is a private entity — a) Is determined to have violated a prohibition in paragraph (a)(1) of this award term; or b) Has an employee who is determined by the agency official authorized to terminate the award to have violated a prohibition in paragraph (a)(1) of this award term through conduct that is either— (1) Associated with performance under this award; or (2) Imputed to you or the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. (e) Provision applicable to a recipient other than a private entity. We as the Federal awarding agency may unilaterally terminate this award, without penalty, if a subrecipient that is a private entity— (1) Is determined to have violated an applicable prohibition in paragraph (a)(1) of this award term; or (2) Has an employee who is determined by the agency official authorized to terminate the award to have violated an applicable prohibition in paragraph (a)(1) of this award term through conduct that is either— a) Associated with performance under this award; or b) Imputed to the subrecipient using the standards and due process for imputing the conduct of an individual to an organization that are provided in 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by our agency at 49 CFR Part 29. (f) Provisions applicable to any recipient. (1) You must inform us immediately of any information you receive from any source alleging a violation of a prohibition in paragraph (a)(1) of this award term. (2) Our right to terminate unilaterally that is described in paragraph (a)(2) or (b) of this section: a) Implements section 106(g) of the Trafficking Victims Protection Act of 2000 (TVPA), as amended (22 U.S.C. 7104(8)), and b) Is in addition to all other remedies for noncompliance that are available to us under this award. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 11 of 33 (3) You must include the requirements of paragraph (a)(1) of this award term in any subaward you make to a private entity. (g) Definitions. For purposes of this award term: (1) "Employee" means either: a) An individual employed by you or a subrecipient who is engaged in the performance of the project or program under this award; or b) Another person engaged in the performance of the project or program under this award and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in -kind contribution toward cost sharing or matching requirements. (2) "Forced labor" means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery. (3) "Private entity": a) Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25. b) Includes: (1) A nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b). (2) A for - profit organization. (4) "Severe forms of trafficking in persons," "commercial sex act," and "coercion" have the meanings given at section 103 of the TVPA, as amended (22 U.S.C. 7102). M. Central Contractor Registration and Universal Identifier Requirements (a) Requirement for Central Contractor Registration (CCR) Unless you are exempted from this requirement under 2 CFR 25.110, you as the recipient must maintain the currency of your information in the CCR until you submit the final financial report required under this award or receive the final payment, whichever is later. This requires that you review and update the information at least annually after the initial registration, and more frequently if required by changes in your information or another award term. (b) Requirement for Data Universal Numbering System (DUNS) Numbers If you are authorized to make subawards under this award, you: 1. Must notify potential subrecipients that no entity (see definition in paragraph C of this award term) may receive a subaward from you unless the entity has provided its DUNS number to you. 2. May not make a subaward to an entity unless the entity has provided its DUNS number to you. (c) Definitions For purposes of this award term: 1. Central Contractor Registration (CCR) means the Federal repository into which an entity must provide information required for the conduct of business as a recipient. Additional Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 12 of 33 information about registration procedures may be found at the CCR Internet site (currently at http: / /www.ccr.gov). 2. Data Universal Numbering System (DUNS) number means the nine -digit number established and assigned by Dun and Bradstreet, Inc. (D &B) to uniquely identify business entities. A DUNS number may be obtained from D &B by telephone (currently 866 -705- 5711) or the Internet (currently at http: //fedgov.dnb.com/webform). 3. Entity, as it is used in this award term, means all of the following, as defined at 2 CFR part 25, subpart C: a. A Governmental organization, which is a State, local government, or Indian Tribe; b. A foreign public entity; c. A domestic or foreign nonprofit organization; d. A domestic or foreign for - profit organization; and e. A Federal agency, but only as a subrecipient under an award or subaward toa non - Federal entity. 4. Subaward.- a. This term means a legal instrument to provide support for the performance of any portion of the substantive project or program for which you received this award and that you as the recipient award to an eligible subrecipient. b. The term does not include your procurement of property and services needed to carry out the project or program (for further explanation, see Sec. 210 of the attachment to OMB Circular A -133, "Audits of States, Local Governments, and Non - Profit Organizations ").. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. 5. Subrecipient means an entity that: a. Receives a subaward from you under this award; and b. Is accountable to you for the use of the Federal funds provided by the subaward. c. A subaward may be provided through any legal agreement, including an agreement that you consider a contract. III. Assurances. The following FAA document titled Assurances Airport Sponsors, dated April 2012, is incorporated as part of these Terms and Conditions Assurances Airport Sponsors April 2012 A. General. 1. These assurances shall be complied with in the performance of grant agreements for airport development, airport planning, and noise compatibility program grants for airport sponsors. 2. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 13 of 33 airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. 3. Upon acceptance of the grant offer by the sponsor, these assurances are incorporated in and become part of the grant agreement. B. Duration and Applicability. 1. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of the grant agreement shall remain in full force and effect throughout the useful life of the facilities developed or equipment acquired for an airport development or noise compatibility program project, or throughout the useful life of the project items installed within a facility under a noise compatibility program project, but in any event not to exceed twenty (20) years from the date of acceptance of a grant offer of Federal funds for the project. However, there shall be no limit on the duration of the assurances regarding Exclusive Rights and Airport Revenue so long as the airport is used as an airport. There shall be no limit on the duration of the terms, conditions, and assurances with respect to real property acquired with Federal funds. Furthermore, the duration of the Civil Rights assurance shall be specified in the assurances. 2. Airport Development or Noise Compatibility Projects Undertaken by a Private Sponsor. The preceding paragraph 1 also applies to a private sponsor except that the useful life of project items installed within a facility or the useful life of the facilities developed or equipment acquired under an airport development or noise compatibility program project shall be no less than ten (10) years from the date of acceptance of Federal aid for the project. 3. Airport Planning Undertaken by a Sponsor. Unless otherwise specified in the grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 30, 32, 33, and 34 in section IIIC apply to planning projects. The terms, conditions, and assurances of the grant agreement shall remain in full force and effect during the life of the project. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. It will comply with all applicable Federal laws, regulations, executive orders, policies, guidelines, and requirements as they relate to the application, acceptance and use of Federal funds for this project including but not limited to the following: Federal Legislation a. Title 49, U.S.C., subtitle VII, as amended. b. Davis -Bacon Act - 40 U.S.C. 276(a), et seal c. Federal Fair Labor Standards Act - 29 U.S.C. 201, et sea. d. Hatch Act - 5 U.S.C. 1501, et se . 2 e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et seg.l,Z f. National Historic Preservation Act of 1966 - Section 106 - 16 U.S.C. 470(f).1 g. Archeological and Historic Preservation Act of 1974 - 16 U.S.C. 469 through 469c.1 h. Native Americans Grave Repatriation Act - 25 U.S.C. Section 3001, et sea. i. Clean Air Act, P.L. 90 -148, as amended. j. Coastal Zone Management Act, P.L. 93 -205, as amended. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 14 of 33 k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.' I. Title 49 ,U.S.C., Section 303, (formerly known as Section 4(f)) m. Rehabilitation Act of 1973 - 29 U.S.C. 794. n. Civil Rights Act of 1964 - Title VI - 42 U.S.C. 2000d through d -4. o. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et sea. p. American Indian Religious Freedom Act, P.L. 95 -341, as amended. q. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et sea.' r. Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.' s. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et sea.' t. Copeland Antikickback Act - 18 U.S.C. 874. ' u. National Environmental Policy Act of 1969 — U.S.C. 4321 et sea.' v. Wild and Scenic Rivers Act, P.L. 90 -542, as amended. w. Single Audit Act of 1984 - 31 U.S.C. 7501, et se . 2 x. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. Executive Orders a. Executive Order 11246 - Equal Employment Opportunityl b. Executive Order 11990 - Protection of Wetlands c. Executive Order 11998 — Flood Plain Management d. Executive Order 12372 - Intergovernmental Review of Federal Programs. e. Executive Order 12699 - Seismic Safety of Federal and Federally Assisted New Building Construction' f. Executive Order 12898 - Environmental Justice Federal Regulations a. 14 CFR Part 13 - Investigative and Enforcement Procedures. b. 14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. c. 14 CFR Part 150 - Airport noise compatibility planning. d. 29 CFR Part 1 - Procedures for predetermination of wage rates.' e. 29 CFR Part 3 - Contractors and subcontractors on public building or public work financed in whole or part by loans or grants from the United States.' f. 29 CFR Part 5 - Labor standards provisions applicable to contracts covering federally financed and assisted construction (also labor standards provisions applicable to non - construction contracts subject to the Contract Work Hours and Safety Standards Act).' g. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' h. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 L 49 CFR Part 20 - New restrictions on lobbying. j. 49 CFR Part 21 - Nondiscrimination in federally- assisted programs of the Department of Transportation - effectuation of Title VI of the Civil Rights Act of 1964. k. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. I. 49 CFR Part 24 - Uniform relocation assistance and real property acquisition for Federal and federally assisted programs. 1,2 m. 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 15 of 33 n. 49 CFR Part 27 - Nondiscrimination on the basis of handicap in programs and activities receiving or benefiting from Federal financial assistance.' o. 49 CFR Part 29 — Government wide debarment and suspension (non - procurement) and government wide requirements for drug -free workplace (grants). p. 49 CFR Part 30 - Denial of public works contracts to suppliers of goods and services of countries that deny procurement market access to U.S. contractors. q. 49 CFR Part 41 - Seismic safety of Federal and federally assisted or regulated new building construction.' Office of Management and Budget Circulars a. A -87 - Cost Principles Applicable to Grants and Contracts with State and Local Governments. b. A -133 - Audits of States, Local Governments, and Non - Profit Organizations ' These laws do not apply to airport planning sponsors. z These laws do not apply to private sponsors. 3 49 CFR Part 18 and OMB Circular A -87 contain requirements for State and Local Governments receiving Federal assistance. Any requirement levied upon State and Local Governments by this regulation and circular shall also be applicable to private sponsors receiving Federal assistance under Title 49, United States Code. Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in the grant agreement. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for the grant, and to finance and carry out the proposed project; that a resolution, motion or similar action has been duly adopted or passed as an official act of the applicant's governing body authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. b. Private Sponsor: It has legal authority to apply for the grant and to finance and carry out the proposed project and comply with all terms, conditions, and assurances of this grant agreement. It shall designate an official representative and shall in writing direct and authorize that person to file this application, including all understandings and assurances contained therein; to act in connection with this application; and to provide such additional information as may be required. 3. Sponsor Fund Availability. It has sufficient funds available for that portion of the project costs which are not to be paid by the United States. It has sufficient funds available to assure operation and maintenance of items funded under the grant agreement which it will own or control. 4. Good Title. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 16 of 33 a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. b. For noise compatibility program projects to be carried out on the property of the sponsor, it holds good title satisfactory to the Secretary to that portion of the property upon which Federal funds will be expended or will give assurance to the Secretary that good title will be obtained. 5. Preserving Rights and Powers. a. It will not take or permit any action which would operate to deprive it of any of the rights and powers necessary to perform any or all of the terms, conditions, and assurances in the grant agreement without the written approval of the Secretary, and will act promptly to acquire, extinguish or modify any outstanding rights or claims of right of others which would interfere with such performance by the sponsor. This shall be done in a manner acceptable to the Secretary. b. It will not sell, lease, encumber, or otherwise transfer or dispose of any part of its title or other interests in the property shown on Exhibit A to this application or, for a noise compatibility program project, that portion of the property upon which Federal funds have been expended, for the duration of the terms, conditions, and assurances in the grant agreement without approval by the Secretary. If the transferee is found by the Secretary to be eligible under Title 49, United States Code, to assume the obligations of the grant agreement and to have the power, authority, and financial resources to carry out all such obligations, the sponsor shall insert in the contract or document transferring or disposing of the sponsor's interest, and make binding upon the transferee all of the terms, conditions, and assurances contained in this grant agreement. c. For all noise compatibility program projects which are to be carried out by another unit of local government or are on property owned by a unit of local government other than the sponsor, it will enter into an agreement with that government. Except as otherwise specified by the Secretary, that agreement shall obligate that government to the same terms, conditions, and assurances that would be applicable to it if it applied directly to the FAA for a grant to undertake the noise compatibility program project. That agreement and changes thereto must be satisfactory to the Secretary. It will take steps to enforce this agreement against the local government if there is substantial non- compliance with the terms of the agreement. d. For noise compatibility program projects to be carried out on privately owned property, it will enter into an agreement with the owner of that property which includes provisions specified by the Secretary. It will take steps to enforce this agreement against the property owner whenever there is substantial non - compliance with the terms of the agreement. e. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. f. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 17 of 33 assurances in the grant agreement and shall insure that such arrangement also requires compliance therewith. g. Sponsors of commercial service airports will not permit or enter into any arrangement that results in permission for the owner or tenant of a property used as a residence, or zoned for residential use, to taxi an aircraft between that property and any location on airport. Sponsors of general aviation airports entering into any arrangement that results in permission for the owner of residential real property adjacent to or near the airport must comply with the requirements of Sec. 136 of Public Law 112 -95 and the sponsor assurances. 6. Consistency with Local Plans. The project is reasonably consistent with plans (existing at the time of submission of this application) of public agencies that are authorized by the State in which the project is located to plan for the development of the area surrounding the airport. 7. Consideration of Local Interest. It has given fair consideration to the interest of communities in or near where the project may be located. 8. Consultation with Users. In making a decision to undertake any airport development project under Title 49, United States Code, it has undertaken reasonable consultations with affected parties using the airport at which project is proposed. 9. Public Hearings. In projects involving the location of an airport, an airport runway, or a major runway extension, it has afforded the opportunity for public hearings for the purpose of considering the economic, social, and environmental effects of the airport or runway location and its consistency with goals and objectives of such planning as has been carried out by the community and it shall, when requested by the Secretary, submit a copy of the transcript of such hearings to the Secretary. Further, for such projects, it has on its management board either voting representation from the communities where the project is located or has advised the communities that they have the right to petition the Secretary concerning a proposed project. 10. Air and Water Quality Standards. In projects involving airport location, a major runway extension, or runway location it will provide for the Governor of the state in which the project is located to certify in writing to the Secretary that the project will be located, designed, constructed, and operated so as to comply with applicable air and water quality standards. In any case where such standards have not been approved and where applicable air and water quality standards have been promulgated by the Administrator of the Environmental Protection Agency, certification shall be obtained from such Administrator. Notice of certification or refusal to certify shall be provided within sixty days after the project application has been received by the Secretary. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance - management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 18 of 33 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. a. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of the grant, the total cost of the project in connection with which the grant is given or used, and the amount or nature of that portion of the cost of the project supplied by other sources, and such other financial records pertinent to the project. The accounts and records shall be kept in accordance with an accounting system that will facilitate an effective audit in accordance with the Single Audit Act of 1984. b. It shall make available to the Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, for the purpose of audit and examination, any books, documents, papers, and records of the recipient that are pertinent to the grant. The Secretary may require that an appropriate audit be conducted by a recipient. In any case in which an independent audit is made of the accounts of a sponsor relating to the disposition of the proceeds of a grant or relating to the project in connection with which the grant was given or used, it shall file a certified copy of such audit with the Comptroller General of the United States not later than six (6) months following the close of the fiscal year for which the audit was made. 14. Minimum Wage Rates. It shall include, in all contracts in excess of $2,000 for work on any projects funded under the grant agreement which involve labor, provisions establishing minimum rates of wages, to be predetermined by the Secretary of Labor, in accordance with the Davis -Bacon Act, as amended (40 U.S.C. 276a- 276a -5), which contractors shall pay to skilled and unskilled labor, and such minimum rates shall be stated in the invitation for bids and shall be included in proposals or bids for the work. 15. Veteran's Preference. It shall include in all contracts for work on any project funded under the grant agreement which involve labor, such provisions as are necessary to insure that, in the employment of labor (except in executive, administrative, and supervisory positions), preference shall be given to Vietnam era veterans, Persian Gulf veterans, Afghanistan -Iraq war veterans, disabled veterans, and small business concerns owned and controlled by disabled veterans as defined in Section 47112 of Title 49, United States Code. However, this preference shall apply only where the individuals are available and qualified to perform the work to which the employment relates. 16. Conformity to Plans and Specifications. It will execute the project subject to plans, specifications, and schedules approved by the Secretary. Such plans, specifications, and schedules shall be submitted to the Secretary prior to commencement of site preparation, construction, or other performance under this grant agreement, and, upon approval of the Secretary, shall be incorporated into this grant agreement. Any modification to the approved plans, specifications, and schedules shall also be subject to approval of the Secretary, and incorporated into the grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 19 of 33 to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will furnish the Secretary with such periodic reports as required pertaining to the planning project and planning work activities. c. It will include in all published material prepared in connection with the planning project a notice that the material was prepared under a grant provided by the United States. d. It will make such material available for examination by the public, and agrees that no material prepared with funds under this project shall be subject to copyright in the United States or any other country. e. It will give the Secretary unrestricted authority to publish, disclose, distribute, and otherwise use any of the material prepared in connection with this grant. f. It will grant the Secretary the right to disapprove the sponsor's employment of specific consultants and their subcontractors to do all or any part of this project as well as the right to disapprove the proposed scope and cost of professional services. g. It will grant the Secretary the right to disapprove the use of the sponsor's employees to do all or any part of the project. h. It understands and agrees that the Secretary's approval of this project grant or the Secretary's approval of any planning material developed as part of this grant does not constitute or imply any assurance or commitment on the part of the Secretary to approve any pending or future application for a Federal airport grant. 19. Operation and Maintenance. a. The airport and all facilities which are necessary to serve the aeronautical users of the airport, other than facilities owned or controlled by the United States, shall be operated at all times in a safe and serviceable condition and in accordance with the minimum standards as may be required or prescribed by applicable Federal, state and local agencies for maintenance and operation. It will not cause or permit any activity or action thereon which would interfere with its use for airport purposes. It will suitably operate and maintain the airport and all facilities thereon or connected therewith, with due regard to climatic and flood conditions. Any proposal to temporarily close the airport for non - aeronautical purposes must first be approved by the Secretary. In furtherance of this assurance, the sponsor will have in effect arrangements for - (1) Operating the airport's aeronautical facilities whenever required; (2) Promptly marking and lighting hazards resulting from airport conditions, including temporary conditions; and Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 20 of 33 (3) Promptly notifying airmen of any condition affecting aeronautical use of the airport. Nothing contained herein shall be construed to require that the airport be operated for aeronautical use during temporary periods when snow, flood or other climatic conditions interfere with such operation and maintenance. Further, nothing herein shall be construed as requiring the maintenance, repair, restoration, or replacement of any structure or facility which is substantially damaged or destroyed due to an act of God or other condition or circumstance beyond the control of the sponsor. b. It will suitably operate and maintain noise compatibility program items that it owns or controls upon which Federal funds have been expended. 20. Hazard Removal and Mitigation. It will take appropriate action to assure that such terminal airspace as is required to protect instrument and visual operations to the airport (including established minimum flight altitudes) will be adequately cleared and protected by removing, lowering, relocating, marking, or lighting or otherwise mitigating existing airport hazards and by preventing the establishment or creation of future airport hazards. 21. Compatible Land Use. It will take appropriate action, to the extent reasonable, including the adoption of zoning laws, to restrict the use of land adjacent to or in the immediate vicinity of the airport to activities and purposes compatible with normal airport operations, including landing and takeoff of aircraft. In addition, if the project is for noise compatibility program implementation, it will not cause or permit any change in land use, within its jurisdiction, that will reduce its compatibility, with respect to the airport, of the noise compatibility program measures upon which Federal funds have been expended. 22. Economic Nondiscrimination. a. It will make the airport available as an airport for public use on reasonable terms and without unjust discrimination to all types, kinds and classes of aeronautical activities, including commercial aeronautical activities offering services to the public at the airport. b. In any agreement, contract, lease, or other arrangement under which a right or privilege at the airport is granted to any person, firm, or corporation to conduct or to engage in any aeronautical activity for furnishing services to the public at the airport, the sponsor will insert and enforce provisions requiring the contractor to - (1) furnish said services on a reasonable, and not unjustly discriminatory, basis to all users thereof, and (2) charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the contractor may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. c. Each fixed -based operator at the airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed -based operators making the same or similar uses of such airport and utilizing the same or similar facilities. d. Each air carrier using such airport shall have the right to service itself or to use any fixed - based operator that is authorized or permitted by the airport to serve any air carrier at such airport. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 21 of 33 e. Each air carrier using such airport (whether as a tenant, nontenant, or subtenant of another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates, fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of such airport and utilize similar facilities, subject to reasonable classifications such as tenants or nontenants and signatory carriers and nonsignatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by any airport provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. f. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the airport from performing any services on its own aircraft with its own employees [including, but not limited to maintenance, repair, and fueling] that it may choose to perform. g. In the event the sponsor itself exercises any of the rights and privileges referred to in this assurance, the services involved will be provided on the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the sponsor under these provisions. h. The sponsor may establish such reasonable, and not unjustly discriminatory, conditions to be met by all users of the airport as may be necessary for the safe and efficient operation of the airport. i. The sponsor may prohibit or limit any given type, kind or class of aeronautical use of the airport if such action is necessary for the safe operation of the airport or necessary to serve the civil aviation needs of the public. 23. Exclusive Rights. It will permit no exclusive right for the use of the airport by any person providing, or intending to provide, aeronautical services to the public. For purposes of this paragraph, the providing of the services at an airport by a single fixed -based operator shall not be construed as an exclusive right if both of the following apply: a. It would be unreasonably costly, burdensome, or impractical for more than one fixed - based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self- sustaining as possible under the Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 22 of 33 circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. All revenues generated by the airport and any local taxes on aviation fuel established after December 30, 1987, will be expended by it for the capital or operating costs of the airport; the local airport system; or other local facilities which are owned or operated by the owner or operator of the airport and which are directly and substantially related to the actual air transportation of passengers or property; or for noise mitigation purposes on or off the airport. The following exceptions apply to this paragraph: (1) If covenants or assurances in debt obligations issued before September 3, 1982, by the owner or operator of the airport, or provisions enacted before September 3, 1982, in governing statutes controlling the owner or operator's financing, provide for the use of the revenues from any of the airport owner or operator's facilities, including the airport, to support not only the airport but also the airport owner or operator's general debt obligations or other facilities, then this limitation on the use of all revenues generated by the airport (and, in the case of a public airport, local taxes on aviation fuel) shall not apply. (2) If the Secretary approves the sale of a privately owned airport to a public sponsor and provides funding for any portion of the public sponsor's acquisition of land, this limitation on the use of all revenues generated by the sale shall not apply to certain proceeds from the sale. This is conditioned on repayment to the Secretary by the private owner of an amount equal to the remaining unamortized portion (amortized over a 20 -year period) of any airport improvement grant made to the private owner for any purpose other than land acquisition on or after October 1, 1996, plus an amount equal to the federal share of the current fair market value of any land acquired with an airport improvement grant made to that airport on or after October 1, 1996. (3) Certain revenue derived from or generated by mineral extraction, production, lease, or other means at a general aviation airport (as defined at Section 47102 of title 49 United States Code), if the FAA determines the airport sponsor meets the requirements set forth in Sec. 813 of Public Law 112 -95. b. As part of the annual audit required under the Single Audit Act of 1984, the sponsor will direct that the audit will review, and the resulting audit report will provide an opinion concerning, the use of airport revenue and taxes in paragraph (a), and indicating whether funds paid or transferred to the owner or operator are paid or transferred in a manner consistent with Title 49, United States Code and any other applicable provision of law, including any regulation promulgated by the Secretary or Administrator. c. Any civil penalties or other sanctions will be imposed for violation of this assurance in accordance with the provisions of Section 47107 of Title 49, United States Code. 26. Reports and Inspections. It will: Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 23 of 33 a. submit to the Secretary such annual or special financial and operations reports as the Secretary may reasonably request and make such reports available to the public; make available to the public at reasonable times and places a report of the airport budget in a format prescribed by the Secretary; b. for airport development projects, make the airport and all airport records and documents affecting the airport, including deeds, leases, operation and use agreements, regulations and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; c. for noise compatibility program projects, make records and documents relating to the project and continued compliance with the terms, conditions, and assurances of the grant agreement including deeds, leases, agreements, regulations, and other instruments, available for inspection by any duly authorized agent of the Secretary upon reasonable request; and d. in a format and time prescribed by the Secretary, provide to the Secretary and make available to the public following each of its fiscal years, an annual report listing in detail: (1) all amounts paid by the airport to any other unit of government and the purposes for which each such payment was made; and (2) all services and property provided by the airport to other units of government and the amount of compensation received for provision of each such service and property. 27. Use by Government Aircraft. It will make available all of the facilities of the airport developed with Federal financial assistance and all those usable for landing and takeoff of aircraft to the United States for use by Government aircraft in common with other aircraft at all times without charge, except, if the use by Government aircraft is substantial, charge may be made for a reasonable share, proportional to such use, for the cost of operating and maintaining the facilities used. Unless otherwise determined by the Secretary, or otherwise agreed to by the sponsor and the using agency, substantial use of an airport by Government aircraft will be considered to exist when operations of such aircraft are in excess of those which, in the opinion of the Secretary, would unduly interfere with use of the landing areas by other authorized aircraft, or during any calendar month that- a. Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or b. The total number of movements (counting each landing as a movement) of Government aircraft is 300 or more, or the gross accumulative weight of Government aircraft using the airport (the total movement of Government aircraft multiplied by gross weights of such aircraft) is in excess of five million pounds. 28. Land for Federal Facilities. It will furnish without cost to the Federal Government for use in connection with any air traffic control or air navigation activities, or weather - reporting and communication activities related to air traffic control, any areas of land or water, or estate therein, or rights in buildings of the sponsor as the Secretary considers necessary or desirable for construction, operation, and maintenance at Federal expense of space or facilities for such purposes. Such areas or any portion thereof will be made available as provided herein within four months after receipt of a written request from the Secretary. 29. Airport Layout Plan. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 24 of 33 a. It will keep up to date at all times an Airport Layout Plan of the airport showing (1) boundaries of the airport and all proposed additions thereto, together with the boundaries of all offsite areas owned or controlled by the sponsor for airport purposes and proposed additions thereto; (2) the location and nature of all existing and proposed airport facilities and structures (such as runways, taxiways, aprons, terminal buildings, hangars and roads), including all proposed extensions and reductions of existing airport facilities; (3) the location of all existing and proposed non - aviation areas and of all existing improvements thereon; and (4) all proposed and existing access points used to taxi aircraft across the airport's property boundary. Such Airport Layout Plans and each amendment, revision, or modification thereof, shall be subject to the approval of the Secretary which approval shall be evidenced by the signature of a duly authorized representative of the Secretary on the face of the Airport Layout Plan. The sponsor will not make or permit any changes or alterations in the airport or any of its facilities which are not in conformity with the Airport Layout Plan as approved by the Secretary and which might, in the opinion of the Secretary, adversely affect the safety, utility or efficiency of the airport. b. If a change or alteration in the airport or the facilities is made which the Secretary determines adversely affects the safety, utility, or efficiency of any federally owned, leased, or funded property on or off the airport and which is not in conformity with the Airport Layout Plan as approved by the Secretary, the owner or operator will, if requested, by the Secretary (1) eliminate such adverse effect in a manner approved by the Secretary; or (2) bear all costs of relocating such property (or replacement thereof) to a site acceptable to the Secretary and all costs of restoring such property (or replacement thereof) to the level of safety, utility, efficiency, and cost of operation existing before the unapproved change in the airport or its facilities except in the case of a relocation or replacement of an existing airport facility due to a change in the Secretary's design standards beyond the control of the airport sponsor. 30. Civil Rights. It will comply with such rules as are promulgated to assure that no person shall, on the grounds of race, creed, color, national origin, sex, age, or handicap be excluded from participating in any activity conducted with or benefiting from funds received from this grant. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon in which case the assurance obligates the sponsor or any transferee for the longer of the following periods: (a) the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or (b) the period during which the sponsor retains ownership or possession of the property. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, it will dispose of the land, when the land is no longer needed for such purposes, at fair market value, at the earliest practicable time. That portion of the proceeds of such disposition which is proportionate to the United States' share of acquisition of such land will, at the discretion of the Secretary, (1) reinvested in another project at the airport, or (2) transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order, (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible Terms and Conditions of Accepting Airport Improvement Program Grants (May 20,13) Page 25 of 33 sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. If land acquired under a grant for noise compatibility purposes is leased at fair market value and consistent with noise buffering purposes, the lease will not be considered a disposal of the land. Revenues derived from such a lease may be used for an approved airport development project that would otherwise be eligible for grant funding or any permitted use of airport revenue. b. For land purchased under a grant for airport development purposes (other than noise compatibility), it will, when the land is no longer needed for airport purposes, dispose of such land at fair market value or make available to the Secretary an amount equal to the United States' proportionate share of the fair market value of the land. That portion of the proceeds of such disposition which is proportionate to the United States' share of the cost of acquisition of such land will, (1) upon application to the Secretary, be reinvested or transferred to another eligible airport as prescribed by the Secretary. The Secretary shall give preference to the following, in descending order: (1) reinvestment in an approved noise compatibility project, (2) reinvestment in an approved project that is eligible for grant funding under Section 47117(e) of title 49 United States Code, (3) reinvestment in an approved airport development project that is eligible for grant funding under Sections 47114, 47115, or 47117 of title 49 United States Code, (4) transferred to an eligible sponsor of another public airport to be reinvested in an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. c. Land shall be considered to be needed for airport purposes under this assurance if (1) it may be needed for aeronautical purposes (including runway protection zones) or serve as noise buffer land, and (2) the revenue from interim uses of such land contributes to the financial self - sufficiency of the airport. Further, land purchased with a grant received by an airport operator or owner before December 31, 1987, will be considered to be needed for airport purposes if the Secretary or Federal agency making such grant before December 31, 1987, was notified by the operator or owner of the uses of such land, did not object to such use, and the land continues to be used for that purpose, such use having commenced no later than December 15, 1989. d. Disposition of such land under (a), (b) or (c) will be subject to the retention or reservation of any interest or right therein necessary to ensure that such land will only be used for purposes which are compatible with noise levels and safety associated with operation of the airport. 32. Engineering and Design Services. It will award each contract, or sub - contract for program management, construction management, planning studies, feasibility studies, architectural services, preliminary engineering, design, engineering, surveying, mapping or related services with respect to the project in the same manner as a contract for architectural and engineering services is negotiated under Title IX of the Federal Property and Administrative Services Act of 1949 or an equivalent qualifications -based requirement prescribed for or by the sponsor of the airport. 33. Foreign Market Restrictions. It will not allow funds provided under this grant to be used to fund any project which uses any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 26 of 33 34. Policies, Standards, and Specifications. It will carry out the project in accordance with policies, standards, and specifications approved by the Secretary including but not limited to the most current version, at the time the grant is signed, of the advisory circulars listed under the following table titled "Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects ", and in accordance with applicable state policies, standards, and specifications approved by the Secretary. CURRENT FAA ADVISORY CIRCULARS REQUIRED FOR USE IN AIP FUNDED AND PFC APPROVED PROJECTS Dated: 4/16/2013 View the most current versions of these ACs and any associated changes at: http: / /www.faa.gov /airports /resources /advisory_circulars NUMBER TITLE 70/7460 -1K Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070 -613 and Chan e 1 Airport Master Plans 150/5070 -7 The Airport System Planning Process 150/5100 -13B Development of State Standards for Non Primary Airports 15015200-28D Notices to Airmen NOTAMS for Airport Operators 150/5200 -30C Airport Winter Safety and Operations 150/5200 -31C Change 2 Airport Emergency Plan 150/5210 -51D Painting, Marking and Lighting of Vehicles Used on an Airport 150/5210 -713 Aircraft Fire and Rescue Communications 150/5210 -13C Airport Water Rescue Plans and Equipment 150/5210 -14B Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210 -15A Airport Rescue & Firefighting Station Building Design 150/5210 -18A Systems for Interactive Training of Airport Personnel 150/5210 -19A Driver's Enhanced Vision System DEVS 150/5220-10E Guide Specification for Aircraft Rescue and Firefighting Vehicles 150/5220-16D Automated Weather Observing Systems for Non - Federal Applications 150/5220-17B Aircraft Rescue and Firefighting ARFF Training Facilities 150/5220 -18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220 -20 and Change 1 Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting System EMAS for Aircraft Overruns 150/5220 -23 Frangible Connections 150/5220 -24 Foreign Object Debris Detection Equipment 150/5220 -25 Airport Avian Radar Systems 150/5300 -76 FAA Policy on Facility Relocations Occasioned by Airport Improvements or Changes 150/5300 -13A Airport Design 150/5300 -14B Design of Aircraft Deicing Facilities Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 27 of 33 NUMBER TITLE 150/5300 -16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey 150/5300 -17C General Guidance and Specifications for Aeronautical Survey Airport Imagery Acquisition and Submission to the National Geodetic Survey 150/5300 -18B General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System GIS) Standards 150/5320 -5C and Change 1 Surface Drainage Design 150/5320-6E Airport Pavement Design and Evaluation 150/5320 -12C and Changes 1 - 8 Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320 -15A Management of Airport Industrial Waste 150/5325 -46 Runway Length Requirements for Airport Design 150/5335-513 Standardized Method of Reporting Airport Pavement Strength PCN 150/5340 -iK Change 1 Standards for Airport Markings 150/5340-5C Se mented Circle Airport Marker System 150/5340 -18F Standards for Airport Sign Systems 150/5340 -30G Design and Installation Details for Airport Visual Aids 150/5345 -3G Specification for L821 Panels for the Control of Airport Lighting 150/5345 -5B Circuit Selector Switch 1505345 -7E Specification for L824 Underground Electrical Cable for Airport Lighting Circuits 150 5345 -1OG Specification for Constant Current Regulators Regulator Monitors 150/5345 -12F Specification for Airport and Heliport Beacon 150/5345 -13B Specification for L841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits 150/5345 -26D Specification for L823 Plug and Receptacle, Cable Connectors 150/5345 -27D Specification for Wind Cone Assemblies 150/5345 -28G Precision Approach Path Indicator PAPI Systems 150/5345 -39D FAA Specification L853 Runway and Taxiway Retroreflective Markers 150/5345 -42G Specification for Airport Light Bases, Transformer Housings, Junction Boxes and Accessories 150/5345 -43G Specification for Obstruction Lighting Equipment 150/5345 -441 Specification for Taxiway and Runway Signs 150/5345 -45C Low-Impact Resistant LIR Structures 150/5345 -46D Specification for Runway and Taxiway Light Fixtures 150/5345 -47C Specifications for Series to Series Isolation Transformers for Airport Lighting System 150/5345 -49C Specification L -854, Radio Control Equipment 150/5345 -50B Specification for Portable Runway and Taxiway Lights 150/5345-51B Specification for Discharge-Type Flasher Equipment 150/5345-52A Generic Visual Glideslo a Indicators GVGI 150/5345 -53D Airport Lighting Equipment Certification Program 150/5345 -54B Specification for L -884, Power and Control Unit for Land and Hold Short 150/5345 -55A Specification for L -893, Lighted Visual Aid to Indicate Temporary Runway Closure Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 28 of 33 NUMBER TITLE 150/5345 -56B Specification for L -890 Airport Lighting Control and Monitoring System ALCMS 150/5360-12 Airport Si nin g and Graphics 150/5360 -13 and Change 1 Planning and Design Guidance for Airport Terminal Facilities 150/5360 -14 Access to Airports By Individuals With Disabilities 150/5370 -2F Operational Safety on Airports During Construction 150/5370 -10F Standards for Specifying Construction of Airports 150/5370 -11B Use of Nondestructive Testing Devices in the Evaluation of Airport Pavement 150/5370-13A Off -Peak Construction of Airport Pavement Using Hot -Mix Asphalt 150/5370 -15B Airside Applications for Artificial Turf 150/5370 -16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavement 150/5370 -17 Airside Use of Heated Pavement Systems 150/5380 -613 Guidelines and Procedures for Maintenance of Airport Pavements 150/5390 -2C Heliport Design 150/5395 -1 Seaplane Bases 150/5100 -14D Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100 -17 and Chan es 1 -6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects 150/5300 -913 Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects 150/5200 -37 Introduction to Safety Management Systems (SMS) for Airport Operators 150/5300 -15A Use of Value Engineering for Engineering Design of Airports Grant Projects 150/5320 -17 Airfield Pavement Surface Evaluation and Rating PASER Manuals 150/5370 -6D and Chan es 1 -4 Construction Progress and Inspection Report — Airport Grant Program 150/5370 -12A Quality Control of Construction for Airport Grant Projects 150/5380 -7A Airport Pavement Management Program 35. Relocation and Real Property Acquisition. (1) It will be guided in acquiring real property, to the greatest extent practicable under State law, by the land acquisition policies in Subpart B of 49 CFR Part 24 and will pay or reimburse property owners for necessary expenses as specified in Subpart B. (2) It will provide a relocation assistance program offering the services described in Subpart C and fair and reasonable relocation payments and assistance to displaced persons as required in Subpart D and E of 49 CFR Part 24. (3) It will make available within a reasonable period of time prior to displacement, comparable replacement dwellings to displaced persons in accordance with Subpart E of 49 CFR Part 24. 36. Access By Intercity Buses. The airport owner or operator will permit, to the maximum extent practicable, intercity buses or other modes of transportation to have access to the airport; however, it has no obligation to fund special facilities for intercity buses or for other modes of transportation. 37. Disadvantaged Business Enterprises. The recipient shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT - assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure non Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 29 of 33 discrimination in the award and administration of DOT - assisted contracts. The recipient's DBE program, as required by 49 CFR Part 26, and as approved by DOT, is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and /or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801). 38. Hangar Construction. If the airport owner or operator and a person who owns an aircraft agree that a hangar is to be constructed at the airport for the aircraft at the aircraft's owner's expense, the airport owner or operator will grant to the aircraft owner for the hangar a long term lease that is subject to such terms and conditions on the hangar as the airport owner or operator may impose. 39. Competitive Access. a. If the airport owner or operator of a medium or large hub airport (as defined in section 47102 of title 49, U.S.C.) has been unable to accommodate one or more requests by an air carrier for access to gates or other facilities at that airport in order to allow the air carrier to provide service to the airport or to expand service at the airport, the airport owner or operator shall transmit a report to the Secretary that: (1) Describes the requests; (2) Provides an explanation as to why the requests could not be accommodated; and (3) Provides a time frame within, if any, the airport will be able to accommodate requests. b. Such report shall be due on either February 1 or August 1 of each year if the airport has been unable to accommodate the request(s) in the six month period prior to the applicable due date. IV. Standard DOT Title VI Assurances The sponsor hereby agrees that as a condition to receiving Federal financial assistance from the Department of Transportation (DOT), it will comply with Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and all requirements imposed by 49 CFR Part 21, - Nondiscrimination in Federally Assisted Programs of the Department of Transportation -- Effectuation of Title VI of the Civil Rights Act of 1964 (hereinafter referred to as the "Regulations ") to the end that no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the applicant receives Federal financial assistance and will immediately take any measures necessary to effectuate this agreement. Without limiting the above general assurance, the sponsor agrees concerning this grant that: A. Each "program" and "facility" (as defined in Sections 21.23(e) and 21.23 (b)) will be conducted or operated in compliance with all requirements of the Regulations. B. It will insert the following clauses in every contract subject to the Act and the Regulations: "During the performance of this contract, the contractor, for itself, its assignees and successors in interest (hereinafter referred to as the "contractor') agrees as follows: Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 30 of 33 1. Compliance with Regulations. The contractor shall comply with the Regulations relative to nondiscrimination in federally assisted programs of the Department of Transportation (hereinafter, "DOT') Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractors obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4. Information and Reports. The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the sponsor or the Federal Aviation Administration (FAA) to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the sponsor or the FAA, as appropriate, and shall set forth what efforts it has made to obtain the information. 5. Sanctions or Noncompliance. In the event of the contractors noncompliance with the nondiscrimination provisions of this contract, the sponsor shall impose such contract sanctions as it or the FAA may determine to be appropriate, including, but not limited to: a. Withholding of payments to the contractor under the contract until the contractor complies, and /or b. Cancellation, termination, or suspension of the contract, in whole or in part. 6. Incorporation of Provisions. The contractor shall include the provisions of paragraphs 1 through 5 in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the sponsor. " C. Where Federal financial assistance is received to construct a facility, or part of a facility, the assurance shall extend to the entire facility and facilities operated in connection therewith. D. Where Federal financial assistance is in the form or for the acquisition of real property or an interest in real property, the assurance shall extend to rights to space on, over, or under such property. E. It will include the following clauses, as appropriate: "1. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his heirs, personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 31 of 33 hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land'9 that in the event facilities are constructed, maintained, or otherwise operated on the said property described in this (deed, license, lease, permit, etc.) for a purpose for which a DOT program or activity is extended or for another purpose involving the provision of similar services or benefits, the (grantee, licensee, leasee, permitee, etc.) shall maintain and operate such facilities and services in compliance with all other requirements imposed pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended. 2. The (grantee, licensee, lessee, permitee, etc., as appropriate) for himself, his personal representatives, successors in interest, and assigns, as a part of the consideration hereof, does hereby covenant and agree (in the case of deeds and leases add "as a covenant running with the land') that.- (1) no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities, (2) that in the construction of any improvements on, over, or under such land and the furnishing of services thereon, no person on the grounds of race, color, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination, (3) that the (grantee, licensee, lessee, permittee, etc.) shall use the premises in compliance with a# other requirements imposed by or pursuant to 49 CFR Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Regulations may be amended, of the FAA may direct as a means of enforcing such provisions including sanctions or noncompliance. Provided, however, that in the event a contract becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. " as a covenant running with the land, in any future deeds, leases, permits, licenses, and similar agreements entered into by the sponsor with other parties: 1. for the subsequent transfer of real property acquired or improved with Federal financial assistance under this Project; and 2. for the construction or use of or access to space on, over, or under real property acquired or improved with Federal financial assistance under this Project. F. This assurance obligates the sponsor for the period during which Federal financial assistance is extended to the program, except where the Federal financial assistance is to provide, or is in the form of personal property or real property or interest therein or structures or improvements thereon, in which case the assurance obligates the sponsor or any transferee for the longer of the following periods. 1. the period during which the property is used for a purpose for which Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits, or 2. the period during which the sponsor retains ownership or possession of the property. G. It will provide for such methods of administration for the program as are found by the Secretary of Transportation or the official to whom he delegates specific authority to give reasonable guarantee that it, other sponsors, subgrantees, contractors, subcontractors, transferees, successors in interest, and other participants or Federal financial assistance under such program will comply with all requirements imposed or pursuant to the Act, the Regulations, and this assurance. Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 32 of 33 H. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the Act, the Regulations, and this assurance. This assurance is given in consideration of and for the purpose of obtaining Federal financial ACE -1450 Standard DOT Title VI Assurance 8/29/96 assistance for this Project and is binding on its contractors, the sponsor, subcontractors, transferees, successors in interest and other participants in the Project. The person or persons whose signatures appear below are authorized to sign this assurance on behalf of the sponsor. V. Sponsor Acceptance of Terms and Conditions I certify that, for any and all projects with federal participation to be undertaken by the Sponsor, the Sponsor agrees to accomplish the projects within the terms and conditions contained herein. CITY OF HUTCHINSON, MN Name of Sponsor Signature Sponsor's Designated Official Representative Jeremy J. Carter City Administrator Title 08/13/2013 Dated Terms and Conditions of Accepting Airport Improvement Program Grants (May 2013) Page 33 of 33 HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration for Approval of Depot Rain Garden Grant Application Department: PW /Eng LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: City staff designed a rain garden to treat the runoff from the new Depot parking lot. The rain garden is designed to infiltrate and treat runoff from a 10 -year storm event. A diverse set of native plantings have been selected to provide both aesthetic and habitat enhancements to the site. McLeod County Soil and Water Conservation District (SWCD) has cost share funds available to help fund stormwater practices that improve water quality. This grant program can be used to cost share up to 75% of the project costs. City Staff will be available to answer any questions that you may have. BOARD ACTION REQUESTED: Approve the Depot rain garden grant application to McLeod County Soil and Water Conservation District. Fiscal Impact: $ 3,849.00 Funding Source: Capital Outlay - Depot Project FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 15,349.00 Total City Cost: $ 3,849.00 Funding Source: Stormwater Utility Fund Remaining Cost: $ 11,500.00 Funding Source: McLeod County SWCD Grant STATE COST -SHARE ASSISTANCE CONTRACT GENERAL INFORMATION Conservation District McLeod Contract No. Individual / Federal or other Amendment ❑ Canceled ❑ 111 Hassan Street SE Hutchinson, MN Group state Cost - Share? County number 43 Yes ❑ No ❑ Board Meeting Date(s) Board meeting date(s) APPLICANT Applicant Address City /Slate ZIP City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 If a group contract, this must be filed and signed by the group spokesperson as designated in the group agreement CONSERVATION PRACTICE LOCATION Township Name Township Range Section 114,1/4 County Number Minor Watershed Number Hassan Valley 116N 29W 6 NE 114, NW 114 43 19049 CONTRACT INFORMATION I (we), the undersigned, do hereby request cost -share assistance to help defray the cost of installing the following Bioretention Basin practice(s) listed on the second page of this contract. It is understood that: 1. The land occupier or landowner is responsible for the operation and maintenance of practices applied under this program to ensure that the conservation objective of the practice is met and the effective life, a minimum of 10 years, is achieved. Full establishment and maintenance of all conservation practices to achieve the upland treatment criteria are considered a State Cost Share Program requirement for the life span of the practice receiving financial cost -share assistance. Should the land occupier or landowner fail to maintain the practice during its effective life, the land occupier or landowner is liable to the state of Minnesota for the amount up to 150 %of the amount of financial assistance received to install and establish the practice. The land occupier or landowner is not liable for cost -share assistance received if the failure was caused by reasons beyond the land occupier or landowner's control, or if conservation practices are applied at the land occupier or landowner's expense that provide equivalent protection of the soil and water resources. In no case shall a conservation district provide cost -share assistance to a land occupier or landowner for the reapplication of a practice that was removed by the land occupier or landowner during its effective life without consent of the conservation district board or that failed due to improper maintenance. The specific operation and maintenance requirements for the conservation practice listed are described in the operation and maintenance plan prepared for this contract by the conservation district technical representative. If title to this land is transferred to another party before expiration of the aforementioned life, it shall be the responsibility of the land occupier or landowner who signed this contract to advise the new owner that this contract is in force. 2. Practice(s) must be planned and installed in accordance with technical standards and specifications of the: FOTG 3. Increases in the practice units or cost must be approved by the conservation district board as a condition to increase the cost -share payments by amendment. 4. This contract, when approved by the conservation district board, will remain in effect unless canceled by mutual agreement, except where installations of practices covered by this contract have not been started by 8/1/2014, this contract will be automatically terminated on that date. 5. Practices will be installed by 8/1/2015 unless this contract is amended by mutual consent to reschedule the work and funding. 6. Items of cost for which reimbursement is claimed on the Voucher and Practice Certification Summary Form are to be supported by invoices /receipts for payments and will be verified by the conservation district board as practical and reasonable. The district board has the authority to make adjustments to the costs submitted for reimbursement. WR- 01112 -01 (Updated 08107) Page 2 of 2 APPLICANT SIGNATURES The landowner's and land occupier's signature indicates their agreement to: 1.Grant the conservation district's representative(s) access to the parcel where the conservation practice will be located. 2.Obtain all permits required in conjunction with the installation and establishment of the practice prior to starting construction of the practice. 3-Be responsible for the operation and maintenance of conservation practices applied under this program in accordance with an operation and maintenance plan prepared by the conservation district technical representative. 4. Not accept cost -share funds, from state and federal sources combined, that are in excess of 75 percent of the total cost to establish the conservation practice and provide copies of all forms and contracts pertinent to any other state or federal programs that are contributing funds toward this project. Date Landowner/Spokesperson Address City /State/Zip Code 7 -17 -13 Kent Exner 111 Hassan Street SE Hutchinson, MN 55350 Date Land Occupier Address City /SlatelZip Code CONSERVATION PRACTICE The conservation practice category for which cost -share is requested is D8. Eligible component(s) Other recognized technical practice Engineered Practice Total Cost Estimate Sediment Basins 712 NIA (®yB3Of Ono) $15,349 Ecological practice ( ❑yes or Ono) TECHNICAL ASSESSMENT AND COST ESTIMATE I have reviewed the site where the above listed conservation practice(s) are to be installed and find that they are needed and that the estimated quantities and costs are practical and reasonable. Conservation District Techmcal Representative Date AMOUNT AUTHORIZED FOR COST -SHARE (ENCUMBRANCE) Cost - sharing not to exceed $11,500 or 75 percent of the total eligible cost, which ever is less. Conservation District Board, Chair wR- 01112 -01 (Updated 08/07) Board Meeting Date HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Temporary Outdoor Dining Department: Police LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Lamplighter is requesting to have a small outdoor customer seating area on the sidewalk in front of the Lamplighter 11 on both Sept. 27 and Sept. 28, 2013. First, the Hutchinson Event Center has requested the Lamplighter II Bar & Grill to serve food (burgers, fries, root beer floats) on the sidewalk between the Lamplighter II and Hutchinson Event Center from 5 - 7 p.m. they plan on cooking at least some of the burgers on a grill outside on the sidewalk; the rest will be cooked in our kitchen and simply served outside. We plan on having picnic tables for customer seating. No alcohol will be served in this area. Smoking will not be permitted in this area. Secondly, the Lamplighter II is planning our 21st Anniversary celebration on Sept. 28th, 2013. they are requesting to have 4 or 5 picnic tables under the awning on the sidewalk in front of the Lamplighter and west to the Event Center. We will have this area fenced off the same way that we had it for our 20th Anniversary celebration last year. they will not be serving alcohol outside, but as with last year, we are requesting permission for customers to consume alcohol in this fenced -in area by the picnic tables. Customers would use this temporary outdoor seating during our regular business hours, from 11 a.m. to 1 a.m. (bar close). Smoking will not be permitted in this area. The Police Department will ensure the fencing is properly installed to clearly contain and control the distribution of alcohol without any impact to remainder of the businesses in the area. The Police Department looks forward to working with Lamplighter II to ensure successful and safe events. BOARD ACTION REQUESTED: I recommend approval. Fiscal Impact: $ 0.00 Funding Source: N/A FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: F Lamplighter II Family Sports Bar & Grill 1011 Highway 15 South Hutchinson, MN 55350 Phone: 320.587.1010 dllll�i[��]tfT Fax: 320.587.3091 August 2, 2013 Hutchinson City Center Attn: City Council Members 111 Hassan Street SE Hutchinson, MN 55350 cc: Police Chief Dan Hatten, Sergeant Joe Nagel RE: Two Temporary Outdoor Seating Requests A. Hutch Event Center Back to the 50's Car Show on Sept. 27, 2013 B. Lamplighter II 21st Anniversary Celebration - Sept. 28, 2013 Dear Council Members, On behalf of the Lamplighter II Bar & Grill, I respectfully request to have a small outdoor customer seating area on the sidewalk in front of the Lamplighter 11 on both Sept. 27 and Sept. 28, 2013. First, the Hutchinson Event Center has requested the Lamplighter II Bar & Grill to serve food (burgers, fries, root beer floats) on the sidewalk between the Lamplighter I I and Hutchinson Event Center from 5 - 7 p.m. We plan on cooking at least some of the burgers on a grill outside on the sidewalk; the rest will be cooked in our kitchen and simply served outside. We plan on having picnic tables for customer seating. No alcohol will be served in this area. Secondly, the Lamplighter I I is planning our 21 st Anniversary celebration on Sept. 28th, 2013. We are requesting to have 4 or 5 picnic tables under the awning on the sidewalk in front of the Lamplighter and west to the Event Center. We will have this area fenced off the same way that we had it for our 20th Anniversary celebration last year. We will not be serving alcohol outside, but as with last year, we are requesting permission for customers to consume alcohol in this fenced -in area by the picnic tables. Customers would use this temporary outdoor seating during our regular business hours, from 11 a.m. to 1 a.m. (bar close). Thank you for your consideration. Please feel free to contact me at the number listed above, or on my cell (763) 213 -6380 with any questions. Sincerely, Mark Landreville Co- Owner /Operator Lamplighter 11 Bar & Grill HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Special Event Request Department: Police LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: The 39th Annual Arts & Crafts Festival and Taste of Hutchinson will be held Friday, September 13, IOam - 6 pm and Saturday, September 14, 9 am - 4 pm in Library Square and 1 S\ Ave SE. Setup for the festival will begin on Thursday, September 12tll at 8 am. The event will end on Saturday the 14th at 4 pm. Cleanup is usually completed by 8 pm on the 14th. A rain location will not be provided. A severe weather emergency plan is currently in place. The Arts & Crafts Festival committee would like to request the support and assistance of the City of Hutchinson in regards to the areas outlined. We understand that our request for support of the festival will affect multiple City of Hutchinson departments. Request of Support from the City of Hutchinson - July 31, 2013 Administration • The Hutchinson Ambassadors wish to reserve all concession rights on 1 st Ave SE between Main Street and Hassan Street as well as the control of any and all food exhibitors for the Taste of Hutchinson. The Ambassadors have an agreement with the Downtown Association regarding the operation of the Popcorn Wagon during the event. • Use of electricity in band shell and along 151 Ave SE during the festival weekend. Police Department • Overnight security on Thursday, September 121 h and Friday, September 13th. • Assistance with pedestrian traffic crossing on the comer of Main Street and 1 SI Ave. • Assistance in directing vendor traffic during the event • Assistance with vendor check in traffic control and allow use of Hassan Street from Washington to 5th Ave SE to aid in this process • Emergency services support during the event Parks & Recreation • Exclusive use of Library Square for art & craft exhibitors for September 12 -14, 2013 BOARD ACTION REQUESTED: I Recommend approval Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Liquor license Usage Department: Police LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Daniel T. Hatten Agenda Item Type: Presenter: Daniel T. Hatten Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: The McLeod County Fair would like to adjust the liquor license policy of allowing guests of legal age to leave the immediate beer garden area with an alcoholic beverage purchased at the fair from opening to 7:30 PM. (Pitchers will not be allowed outside the beer garden area at any time) From 7:30 PM to close the policy will revert back to guests not being able to leave the beer garden area as in years past. Everyone consuming alcohol at any time will have to be wearing the wrist band of the day, weather in or outside the immediate beer garden area. The fence configuration will be same as in years past with personal at each entrance after 7:30 pm. Our objective with this policy adjustment is to make it easier for our guests to enjoy the fair in a more casual atmosphere while being respectful of the difficult job law enforcement has during the high energy times of the late evenings. The fairgrounds itself is secured by fence and manned gates so we believe we can use this approach and still meet the spirit of the city ordinance regulating such an event. In essence the approach will be similar to the Minnesota State Fair and Riversong up until 7:30 PM and revert back to what we have done in the past at the McLeod County Fair after that time. The McLeod County Fair Board representative Jim Fahey has reviewed this policy change with Chief Hatten prior to presenting this to the City Council. This approach if approved with be on a one year trial bases. Following the fair this policy will be reviewed by the McLeod County Fair Board, and Chief Hatten to determine if this approach should remain, be altered, or if beer consumption should be limited to the beer garden as in past years. We look forward to working with the McLeod County Fair Board, and McLeod County Sheriffs Office to make this a safe and successful event. BOARD ACTION REQUESTED: It would be my recommendation to approve this request on a one year trial basis. Fiscal Impact: $ 0.00 Funding Source: 0 FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Short -Term Gambling License - Crow River Cutters Department: Administration LICENSE SECTION Meeting Date: 8/13/2013 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: Crow River Cutters of the National Wild Turkey Federation, a nonprofit organization, has submitted a short -term gambling license application into administration for review and processing. The application is for an event the organization is holding on February 7 & 8, 2014. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing short -term gambling license to Crow River Cutters on February 7 & 8, 2014. 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: c~<ty of 1 I Hassan Street Southeast Hutchinson, MN 55350 (320) 587 -5151 Fax: (320) 2344240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered Application Type © Short Term Date(s) Feb. 7 , 020 i �l- 1't z a/, Fee: $30.00 I 9/0 Month/Dav'Year - Month/Day/Year of 20! Or anization Information CeO2-5 f &L6,) T (:N /ti /y Name Phone Number cu: 1i� City State Address where egular meeting are held City State zip Day and time of meetings? MeN `] , v c )?,/I , Is this organization organized under the laws of the State of Minnesota? Dyes O no How long has the organization been in existence? $A z k How may members in the organization? /-5 L What is the purpose of the organization? r-eeI" o{r ��' 1c., f A Jcc�s5 5oiv'e /14bilk za,toFc /iu In whose custody will or anization records be kept? T eejY tZZ 7 4s /� 3' 6 Name Phone Number 16 7 9,E Dos- A o e 0:15 a e 1..._._ 17 A' - Address city State zip 11 Duly Authorized Officer of the Organization Information TA e.4 5 True Name Phone Number f &L6,) T (:N /ti /y C ,� 7 -3 Resiid` rrce Address City State zip Date of Birth: 'T / c✓ / (Cl *2 2— Place of Birth: 12cfaye- f- C ci Monih/dayl }year City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes U no If yes, explain: �j %t G� :.4� �"1 r ✓ f• �. l� u �".-1 [n� /? 5 ti,.� � �t '�' 1 � re .4 ni clot A,St;-Z-- F l� -A S -'i - d 3 6 Y`f! 3 enAp�,cz's FtJ. x.p A 7 /02z YY� -1 e �]khl•c C_ IF 5t4 +u �(-;Z d. e>'JIUA�ia•; Sz'� ��j City of Hutchinson Applicationfor Gamhfing Devices License Page 2 of 3 Designated Gambling Manager (Qualified under Alinnesota Statute &324) tv G4 S 3, L, -jV`7- TICS" Trid Name Phone Number M Al 5y "5-zS Residence Address City State zip Date of Birth: ' / 16) / H '/j Place of Birth: M r A, e't d /1 N . hlonih/daylyear city State Have you ever been convicted of any crime other than a traffic offense? ❑ yes ix no If yes, explain: How long have you been a member of the organization? le :A c',a:z s Game Information Location # 1 ec r ��o .� �- F e4 & Name of location where game w 1 be played Phone Number kfGAt;�se"j j'iA1 553.1 y Address of location where gum will be played city State zip Date(s) and/or day(s) gambling devices will be used: e.,b , 7 d/ � through Fc� - � t � G i '-/ AM, A Hours of the day gambling devices will be used: From z e To r:+ '00 Pml; Maximum number of player: Will prizes be paid in money or merchandise? ❑ money �![ merchandise Will refreshments be served during the time the gambling devices will be used? ® yes 0 no If yes, will a charge be made for such refreshments? JQ yes 0 no Game Information Location 42 Name of location where game will he played Phone Number Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes 0 no If yes, will a charge be made for such refreshments? ❑ yes D no City of Hutchinson application for Gambling Devices License Page 3 of 3 Officers of the Organization (i necessa ,,, list additional names on se orate sheet) me Title Ro Residence Address City State Zip �� S<<�zt -� /yf Namel Tit! Residence Address City State Zip Name Title Z-:: 'r-1e- MA s'3 u Residence Address city State zip Officers or Other Persons Paid for Services Information (if necessa , list additional names on separate sheet) Name Title Residence Address City State Zip Name Title Residence Address City 5tuie Zip Name Title Residence Address City State zip Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson Ordinance 114.20 and Minnesota Statutes Chapter 349)? Gambling Manager �0 yes ❑ no Authorized Officer 91 yes ❑ no Initial Initial I declare that the information I have provided on this application is truthful, and I authorize the y of Hutchinson to investigate the information submitted. Also, 1 have received from the City of Hutchinson a c py of the City Ordinance No. 114.20 relating to gambling and 1 will familiarize myself with the contents thereof I of organization Signature ofgambling manager of Internal Use Only City Council ❑ approved O denied Notes: e Date HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Temporary Liquor License - St. Anastasia Catholic Church Department: Administration LICENSE SECTION Meeting Date: 8/13/2013 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: St. Anastasia Catholic Church has submitted a temporary liquor license to dispense liquor at their Fall Festival being held at the church on September 7 & 8, 2013. St. Anastasia is a religious organization and meets the requirements for a temporary liquor license. BOARD ACTION REQUESTED: Approve issuing temporary liquor license to St. Anastasia Catholic Church on September 7 & 8, 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: OF AU OF M�µN�" Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 133, St. Paul MN 55101 -5133 (651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555 WWW.DPS.STATE.MN.US APPLICATION AND PERMIT FOR A 1 TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE TYPE OR PRINT INFORMATION NAME OF ORGANIZATION DATE ORGANIZED TAX EXEMPT NUMBER N'S'- I �s STREET ADDRESS CITY STATE ZIP CODE r I/V _s�.,Al %j/fV SS�S G NAME OF PERSON MAKING APPLICATION BUSINESS PHONE HOME PHONE (3JL4111--v11�1 - /ii(I DATES LI OR WILL BE SpLD Idt. TYPE OF ORGANIZATION -- CLUB CHARITABLE I I S THER N ORGANIZATION OFFICER'S NAME ADDRESS �z►� S �� /offer v 5.Gt1 DRGANIZATION OFFICER'S NAME . ADDRESS ORGANIZATION OFFICER'S NAME ADDRESS Location license will be used. If an outdoor area, describe , 7 S'7- 5 i, + -116 t- JQ OhtiieQ 14 /1% FK U A/ �-' tG (��;bitc Ll !L o//v o//vo 01V Oj2U(fiwAoL, Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service. /VU Will the applicant, arry liquor liability insur nce? If so, please provide the carrier's name nd amount of cov r e. APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY /COUNTY DATE APPROVED CITY FEE AMOUNT _ 176-00 CkTa 7 LICENSE DATES DATE FEE PAID 91-71201,3 SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT iwir,: aunmit tnis Corm to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to be used as the License for the event PS -09079 (05106) Certificate of Coverage Date: 7/31/2013 Certificate Holder This Certificate is issued as a matter of information only and The Diocese of New Ulm confers no rights upon the holder of this certificate. This certificate Pastoral Center does not amend, extend or alter the coverage afforded below. 1400 Chancery Drive New Ulm, MN 56073 Company Affording Coverage THE CATHOLIC MUTUAL RELIEF SOCIETY OF AMERICA 10843 OLD MILL RD Covered Location St. Anastasia Catholic Church OMAHA, NE 68154 460 Lake Street Southwest Hutchinson, MN 55350 Coverages This is to certify that the coverages listed below have been issued to the certificate holder named above for the certificate indicated, notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate may be issued or may pertain, the coverage afforded described herein is subrect to all the terms, exclusions and conditions of such coverage. Limits shown may have been reduced by paid claims. Type of Coverage Certificate Number Coverage Effective Date Coverage Expiration Date Limits Property Real & Personal Property D. General Liability Each Occurrence 500,000 General Aggregate Occurrence Claims Made 8568 7/1/2013 7/1/2014 Products - Comp /OP Agg Personal & Adv Injury Fire Damage (Any one fire) Med Exp (Any one person) Excess Liability 8568 7/1/2013 7/1/2014 Each Occurrence 500,000 Annual Aggregrate Other Each Occurrence Claims Made Annual Aggregrate Limit/Coverage Description of 0perations/LocationsNehicles /Special Items (the following language supersedes any other language in this endorsement or the Certificate in conflict with this languagej Coverage is verified with regard to Covered Location's Fall Festival to be held on parish grounds, September 7 -8, 2013. Includes Liquor Liability and Fidelity for Charitable Gambling. Holder of Certificate Cancellation Should any of the above described coverages be cancelled before the expiration date thereof, the issuing company will City of Hutchinson endeavor to mail 30 days written notice to the holder of 1 I I Hassan Street Southeast certificate named to the left, but failure to mail such notice shall Hutchinson, MN 55350 impose no obligation or liability of any kind upon the company, its agents or representatives. 0198000464 Authorized Representative w w Ln N U U rr) w w Z Z J J a a O 11J D_ z z N o U D_ w Lf) w 0 z H Y H cn Ln Z Z 00 V m w V � w Q N u Ln a a m Z a w 2 LL z G O Z Q Z 2 � Of w W a 0 Of D w U Z a O' O O o D z m Z w Ln D 0 J cn Ln D O Z Ln LL — D Ln cn w w� Ln m H Q U w z O m Ln Z m Ln Q Z (7 Z Z cn m O J> J Q Ln 0 z 0 Q W cn a Z w a a O D a a a p Z o D u u o 0 V, m J a a w LL 2 Z Qw N H Z p O a� � a 5X_ N LL a `n w 0 J N ( 0 z J G D z z z z W Z U ~ z Z ` D J z D ~ W J W 0 a _ W W 0 U a N (n U _j Ln 11' LL a °� W '1' p '1' J J 2 Ln Lu J °� a J O m w a Of O� m� w a a m m > w W O o?S � 2 o?S of of u u N z m u D u W U V) Z w 0 0 Q U Q m z Q Ln c~i� w u w z 2 u U O w w U (7 U D V w m cr CJ J w� w O Q O O D U O D O a a U U � a W a 0 a 2 � O W w U " f � � U J 2 U U o a U o U O z O a W QD N Ln Z �„ U a W w (D U Z LL o z Of o z (,) uJ w0 O w O Q} 2i w z m OU r Q a� m = m 0 > p OU Z c Z w V w 2i U W OJ m N z u ( z Z (7 w O �_ 00 0 z J z p Q U a Ln Q J Z w C7 z _U z 3A Ln J a = U J W (-� J - W O_ a r J W J a Z > N a m W Z z a LL Q 0 u 2= N 2 2 N z w o U a W 0 0 U z m 0 a of a m z z a J Q w a w Q V o u V Q LL > p Z Z D a a� Ln Ln L�LJ of a a a J w co U LL 2 D_ uJ O t w Z O= J ON � u D LLZJ Z Z LLZJ a 2 LLQJ = U c� \ a Z J a Z D D O O U w w m w Z w= 2 a a a a a 0 LL 0 U O a Z�_� p w w Q 2 2 2 W� 0 a U a U U U U U o_ Ln O " 0 Fl Z m W m U z w Z Z m H J Y 2 c� W Z a c m ocC c� c� c� c� w N cW z Z v) ~ W J Z Z O m' m' m' Sm W W G m J m G G G G G G Z ~ O i N C Q W a Q LL (-� W O O O L_ m U W J J J U U U > a U U W 2 2 J 2 2 2 Z Z Z Z (n a a a a a a a a a a a a a a Ln O Oltzt O m W O O-tt N Ln lD m N O rl (N lD 0 0-zl- lD O Ln X 0 0 0 00 O 00 M Mr� n O O cV -tt M O O m O:I- O m 0 0-zj- -i O 00 m O N O O N I-� O W N.4 N r- Nrl N m N m O I-� N Ln N Ln m N Ql O lD Ln lD Ln M Ln Ln N lD 1:t It Ln O O rl N -tt rl M rl 00 lD lD lD Ln r, Dl Ln tzt rl o N W r N Ln I- m m -i m l lt m O 00 m -1 C rl C I 00 rl a O m m m m m m m m m m m m m m m m m m m m m m m m m m m m m > ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri ri 1 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N O \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ cu N +1 Ln Ln Ln Ln Ln Ln Ln m m m m m m m m m m m m m m m m m m m m m m N � N N N N N N N N N N N N N N N rl rl rl rl rl rl rl rl rl rl rl rl rl rl U 0 n n n n n n n r" n 00 w 00 w 00 w 00 w 00 w 00 w 00 w O J U Ur Ln lD I- 00 M O rl N m Ln lD I, 00 M O rl ltzt Ln lD I, 00 M O rl N m ltzt Ln ui r- r, r- r- r- 00 W 00 W 00 W 00 W 00 W M M M M M M M M 0 0 0 0 0 0 Of :tt w 00 w 00 w 00 w 00 w 00 w 00 w 00 w 00 w 00 w 00 w 00 w m m m m m m Y -Y W lD W lD W W W lD W lD W W W W W W W lD W W W lD W lD W W W W W U U I- r" n r" n r- n r- nr� nr� nr� nr� n� n� n r, n r, n r, n r, n Lfl N r-I rl rl rl rl rl rl rl rl c-I rl rl rl rl rl rl rl rl rl rl rl c-I rl c-I rl rl rl rl rl Ln of U w U Ln Lf) Lf) Z w w w Q J J J z m m J m m z cn '' cn Q Ln O Ln Y p p ~ cn Y C1 p Y p p p H cn U Z w w Z w Z w N w� Z � w z cn p Of m' Q W J W Ln W m' W WW W J LL cr- p U J = _ p Q Z Q m U p Z m = Z G J J J z m Of z Q U U o2S w w �_ H Z Q 2 w> Ln oc Q °C w U Q LNU m Q Q Q w O Z LL W Q Ln _ _ _ 06 J Lu > m O Z (7 Of Cf W W W Z Q � = Z J = _ _ = J U = LLJ m p Q Q > m m U ON wm z m U J Ln V) O J m Z W cr- 0 > z m� Q Q Q cz w Ln m m w >> Q o?S m m Q °� � w w m p 06 m m' m p U w X Q z~ z Oz Oz m (� c� z x o?S Q Q z x p Q > Q Z 2 0 z z z o co w 0 p p U Z Z LLf) J 0 � p Z w O o o Z 0 0 LL LL O O J m> N> of Q Q Lu O p m °�'� Of w o LL of o� 2 of> Of Q= of 0-- m Q m p F J w W W W ~ m' m' m' � W Q z W Q O W Q m' U W W W p O O w Cr w of w O m m w O z w(D w of O p O w w w w m Q m Lu 00 0 0 0 w O of of U 0 0� U p of in U m U p U� Q U of of 0 2 0 0 0 0 W_ > U � z N W J Q Ln Y Z z LZn z N Ln p (� � Lu a LNLJ U= �> Z m a_ 0 Z m O N U p U J w z Of W z 2 p Q O� a m_ L7 w w O w V_ Of m m m V O U LZu O z oC m Q (7 N J N H m Lf) > Z U w Y� w H J (D m w w Q Q w Z Q w Lu w Ln J Ln z m J Z W W w Z Cf Of w< m LLJ Q p (7 p U p N Ln (D Z J O W~ H U (7 Z- Q Q w Q Z Q Q Q N= O Of Z z p `n N U Ln�> >� p Lmu U w Y Q O Z Q w 0 LLJ U Z O O> U-i of Q U-i or- Q= Q Q m LL Ln 06 or of of D D Q Q Q W W W W W J J of of Q Q Q Q Q m m m m m m m m m m m m m m m U O O O N O O M M M M N O O O M M ri W 00 N lD I� O O lD O O 00 M ri I- O O ri O M Lq 00 M O I� O . . . . . . . . . . . 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O �t ltzt lD � 00 Ln lD N Ol I- N Ln I- N lD O O O Ln m 00 N Ln L.D tzt O O I� N lD m lD N N I, r-i I, lD m Ql N m lD I, Ln 00 N N I, N t N r-i O t tzt I, m r-i m N m I, lD lD O 00 00 m r-i :I- ltzt 61 r, r-i Ql n Ol �t lD n m m c-I N r-I I- Ln Ln I- ri c-I 00 Ln N N N -1 m r-i O N m m m m m m m m m m m m m m m m m m m m m m m m m m m m m O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ m m m m m m m m m m m m m m m m m m m m m m m m m m m m m \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 00 M O —1 N m Ln lD I, 00 M O —1 N m I:zt Ln lD I, 00 M O —1 N m I:zl' Ln lD Ln Ln Ln Ln Ln Ln Ln Ln Ln Ln lD lD lD L.D lD lD lD lD lD lD I, r, r, r, � r, � n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n n r-i -1 r-i -1 r-i -1 N —i —i —ro rll� n a-'' N N O �D �.D �D �.D E O O 1 N N 4 Ln m E +� o >- �C � m C U N +� co -1-- O m U H PAYROLL ELECTRONIC FUNDS TRANSFERS PAYROLL DATE: 07/26/2013 Period Ending Date: 07/20/2013 $64,139.15 IRS - Withholding Tax Account Federal Withholding Employee /Employer FICA Employee /Employer Medicare $12,202.17 MN Department of Revenue State Withholding Tax $40,228.46 Public Employee Retirement Association Employee /Employer PERA/DCP Contributions $2,098.93 TASC Employee Flex Spending Deductions $11,235.07 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 $1,310.00 ICMA Retirement Trust Employee Contributions - Deferred Comp $417.96 MN Child Support System Employee Deductions $61.16 MSRS - Health Savings Plan Employee Deductions to Health Savings Plan $133,557.90 Total Electronic Funds Transfer z O z U LL O U m O N 00 v v U v L U U C O U m \ m \ N v f6 O U v U u d W cc W Q Q J Q z w U Q cc W O cc U N 06 N W J d d N z Q W a E V) z V) Of W O Of U m m N r-I 00 00 O -1 -1 > O O rl N N 4- p m m ro N 00 W U C7 aJ O J U Ln r- w 't Of rn rn Y L.D (.D U r- Ln Of M c-I O N W N W J d d N z H Q W a O m N \ M z v O � \ 00 `r' z a) LO z O _ or O u Y U N 41 L ate.+ DC U W •� o fu O O O C Y U V U U O W W N N O O c-I c-I O > m r-I O O O N M H Y N \ W v O J u W 00 O r- u U r - r-I LO HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action 7AL Agenda Item: Consideration of Charter Commission Amendments Department: Administration LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Marc Sebora Agenda Item Type: Presenter: Marc Sebora Reviewed by Staff ❑ Public Hearing Time Requested (Minutes): 10 License Contingency N/A Attachments: No BACKGROUND /EXPLANATION OFAGENDA ITEM: The Hutchinson Charter Commission met on June 24, 2013, to review and discuss proposed changes to the City Charter. The changes reviewed pertained to Section 5.02 — Petitions and Section 13.03 — Official Bonds. First, with regard to Section 5.02 — Petitions. The current City Charter requires that in order for an initiative, referendum or recall to be initiated, a petition signed by registered voters of the City equal in number to 20 percent of those who voted for mayor in the last preceding city election must be obtained. Upon research and discussion of the Charter Commission, the Commission unanimously voted to amend the petition requirement to be 10 percent of those who voted in the last City election. The Commission expressed that this amount coincides with other similar size communities' requirements. The Commission also expressed that 20 percent is a much higher percentage than other petition requirements. Therefore, the Charter Commission hereby recommends that Section 5.02 of the Hutchinson City Charter be amended to require signatures in the amount of 10% of total votes of the last regular City election be required for initiatives, referendums or recalls. Section 5.02 is being recommended to be amended as shown on the attachment. Second, with regard to Section 13.03 — Official Bonds. Current City Charter requires that the mayor, city administrator and other officers or employees of the city give a corporate surety bond to the City. The bond may be either individual or blanket. The Charter Commission learned from the City Attorney that the City has blanket bond coverage through its insurance trust and therefore does not require the mayor, city administrator or other employees or officers to provide a corporate surety bond. The Charter Commission discussed that the Charter should be amended to reflect current practice of the City. Therefore, the Charter Commission unanimously voted to amend language in Section 13.03 as shown on the attachment. These amendments may be considered for adoption by a unanimous vote of the Council via ordinance. If approved, the second reading and adoption of the ordinance with the amendments would be set for August 27, 2013. Should the Council approve the ordinance, the amendments will take effect 90 days from the date of the adoption of the ordinance. BOARD ACTION REQUESTED: Accept recommendations of Charter Commission for City Charter amendments and set second reading and adoption of Ordinance No. 13 -0715 for August 27, 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: Ordinance No. 13 -715 Publication No. AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 5.02 AND 13.03 OF HUTCHINSON CITY CHARTER WHEREAS, the Hutchinson Charter Commission met on April 15, 2013, and June 24, 2013, to review sections of the City Charter for updating or amending; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 5.02 to decrease the petition requirement from 20% of those who voted for mayor in the last preceding city election to 10% of total votes cast in the last regular city election; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 13.03 clarifying language that certain officers of the City be covered by a surety bond from the City; and, WHEREAS, Minnesota Statute 410.12, Subd. 7, allows Charter changes to be made by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, THAT Sections 5.02 and 13.03 of the Hutchinson City Charter as attached hereto are hereby revised and these changes to the City Charter will take effect 90 days from adoption of this ordinance. Adopted by the City Council this 27th day of August, 2013. Attest: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor Tj�'!:-'j da� Section 5.02. PETITIONS. An initiative, referendum or recall, shall be initiated by a petition signed by registered voters of the City equal in number to -2A 10 percent of coyer total votes cast in the last pfeeedin g regular city election. Each petition shall be sponsored by a committee of five registered voters whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each paper circulated separately shall contain at its head or attached to it the statement required by Sections 5.06, 5.07 or 5.08, as the case may be. The signature and street address of each signer shall appear on the petition. Each separate page of the petition shall have appended to it a certificate, verified by oath, that each signature is the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City. Any person whose name appears on a petition may withdraw such name by a statement in writing filed with the city administrator before the city administrator advises the council of the sufficiency of the petition. Section 13.03. OFFICIAL BONDS. The mayor, city administrator, and such other officers or employees of the city as may be specified by ordinance shall each, before entering upon the duties of their respective offices or employment, gi perate be covered by a surety bond to from the City in such form and amount as may be fixed by the council. Such bonds may be either individual or blanket bonds in the discretion of the council. They shall be approved by the city council, and approved as to form by the city attorney, and filed with the city administrator. The provisions of state laws relating to official bonds not inconsistent with this charter shall be complied with. The premiums on such bonds shall be paid by the city. Ordinance No. 13 -715 Publication No. AN ORDINANCE ADOPTING REVISIONS TO SECTIONS 5.02 AND 13.03 OF HUTCHINSON CITY CHARTER WHEREAS, the Hutchinson Charter Commission met on April 15, 2013, and June 24, 2013, to review sections of the City Charter for updating or amending; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 5.02 to decrease the petition requirement from 20% of those who voted for mayor in the last preceding city election to 10% of total votes cast in the last preceding city election; and, WHEREAS, the Hutchinson Charter Commission voted unanimously for revisions to be made to Section 13.03 clarifying language that certain officers of the City be covered by a surety bond from the City; and, WHEREAS, Minnesota Statute 410.12, Subd. 7, allows Charter changes to be made by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, THAT Sections 5.02 and 13.03 of the Hutchinson City Charter as attached hereto are hereby revised and these changes to the City Charter will take effect 90 days from adoption of this ordinance. Adopted by the City Council this 27th day of August, 2013. Attest: Jeremy J. Carter, City Administrator Steven W. Cook, Mayor Section 5.02. PETITIONS. An initiative, referendum or recall, shall be initiated by a petition signed by registered voters of the City equal in number to 2-A 10 percent of these whe voted f maye total votes cast in the last preceding city election. Each petition shall be sponsored by a committee of five registered voters whose names and addresses shall appear on the petition. A petition may consist of one or more papers, but each paper circulated separately shall contain at its head or attached to it the statement required by Sections 5.06, 5.07 or 5.08, as the case may be. The signature and street address of each signer shall appear on the petition. Each separate page of the petition shall have appended to it a certificate, verified by oath, that each signature is the genuine signature of the person whose name it purports to be. The person making the certificate shall be a resident of the City. Any person whose name appears on a petition may withdraw such name by a statement in writing filed with the city administrator before the city administrator advises the council of the sufficiency of the petition. Section 13.03. OFFICIAL BONDS. The mayor, city administrator, and such other officers or employees of the city as may be specified by ordinance shall each, before entering upon the duties of their respective offices or employment, gi . erate be covered by a surety bond to from the City in such form and amount as may be fixed by the council. Such bonds may be either individual or blanket bonds in the discretion of the council. They shall be approved by the city council, and approved as to form by the city attorney, and filed with the city administrator. The provisions of state laws relating to official bonds not inconsistent with this charter shall be complied with. The premiums on such bonds shall be paid by the city. HUTCHINSON CITY COUNCIL Ci =q�f�� Request for Board Action WZ 7AL =- Agenda Item: Resolution 14180 Authorizing Issuance of $2,230,000 G.O. Bonds 2013A Department: Finance LICENSE SECTION Meeting Date: 8/13/2013 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Nick Anhut - Ehlers Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND /EXPLANATION OFAGENDA ITEM: Nick Anhut, from Ehlers & Associates, will review with Council the bids received for the bonds related to the 2013 street and infrastructure improvements. The total par value of the bonds is $2,230,000 with the improvements as follows: $1,410,615 Jefferson Street Reconstruction -Phase 1 $ 393,640 2013 Pavement Management Program $ 98,788 TH 15 & CSAH 115 Roundabout $ 832,524 Parking Lot Improvements (City, School & Hospital) $ 125,000 Contingency $2,860,567 Total Project Costs $ (697,413) Less: Prepaid Assessments (School & Hospital) $ 66,846 Plus: Issuance Costs $2,230,000 Par Value of Bonds The debt payments related to these bonds will be made over 15 years from the debt service fund, using assessments and tax levy as the sources of funds. This bond issuance falls within the parameters of our Debt Management Plan. We are waiting on the documentation which will be sent separately or handed out at the council meeting. BOARD ACTION REQUESTED: Consider and approve the issuance of $2,230,000 general obligation improvement bonds, series 2013A, by adopting resolution 14180. Fiscal Impact: Funding Source: Debt Service Fund FTE Impact: 0.00 Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: Total City Cost: Funding Source: Remaining Cost: $ 0.00 Funding Source: CERTIFICATION OF MINUTES RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 13, 2013, at 5:30 o'clock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 21 RESOLUTION NO. 14180 RESOLUTION RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of August, 2013. (SEAL) Jeremy Carter City Administrator \Ased 0b-) CERTIFICATION OF MINUTES RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A Issuer: City of Hutchinson, Minnesota Governing Body: City Council Kind, date, time and place of meeting: A regular meeting, held on August 13, 2013, at 5:30 dclock p.m., in the Council Chambers at the Hutchinson City Center. Councilmembers present: Councilmembers absent: Documents Attached: Minutes of said meeting (pages): 1 through 21 RESOLUTION NO. 14181 RESOLUTION RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF I, the undersigned, being the duly qualified and acting recording officer of the public corporation issuing the obligations referred to in the title of this certificate, certify that the documents attached hereto, as described above, have been carefully compared with the original records of said corporation in my legal custody, from which they have been transcribed; that said documents are a correct and complete transcript of the minutes of a meeting of the governing body of said corporation, and correct and complete copies of all resolutions and other actions taken and of all documents approved by the governing body at said meeting, so far as they relate to said obligations; and that said meeting was duly held by the governing body at the time and place and was attended throughout by the members indicated above, pursuant to call and notice of such meeting given as required by law. WITNESS my hand officially as such recording officer this day of August, 2013. Jeremy Carter (SEAL) City Administrator The City Administrator reported that (_) proposals had been received by the City prior to 11:00 A.M., Central Time today for the purchase of the Bonds in accordance with the Terms of Proposal for the $2,230,000 General Obligation Improvement Bonds, Series 2013A of the City as previously approved by a resolution of the City Council. The bids have been read and tabulated, and the terms of each have been determined to be as follows: Name of Bidder Bid for Interest Principal Rates (See Attached) Total Interest Cost -Net Average Rate Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 14180 RESOLUTION RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects pursuant to the City's 2013 Infrastructure Plan designated as Jefferson Street Reconstruction -Phase I, 2013 -2014 Pavement Management Program, TH 15 and CHAH 115 Roundabout, South Grade Road Bridge Replacement, Water Treatment Plan, McLeod Rail Authority improvements and City Parking Lot Improvements (together, the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. This Council has previously determined to issue and sell $2,230,000 principal amount of General Obligation Improvement Bonds, Series 2013A, of the City (the Bonds) to defray a portion of the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $22,300 representing interest as provided in Minnesota Statutes, Section 475.56. The remaining costs of the Improvements will be paid from City funds and from interest earnings on proceeds of the Bonds. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, U sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of , of (the Purchaser), to purchase the Bonds at a price of $ the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. �v\J r d. � I Lao Councilmember introduced the following resolution and moved its adoption, the reading of which was dispensed with by unanimous consent: RESOLUTION NO. 14181 RESOLUTION RELATING TO $2,230,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2013A; AUTHORIZING THE ISSUANCE, AWARDING THE SALE, FIXING THE FORM AND DETAILS, PROVIDING FOR THE EXECUTION AND DELIVERY THEREOF AND THE SECURITY THEREFOR AND LEVYING AD VALOREM TAXES FOR THE PAYMENT THEREOF BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota (the City), as follows: Section 1. Recitals. 1.01. Authorization. This Council has heretofore ordered various local improvement projects pursuant to the Cites 2013 Infrastructure Plan designated as Jefferson Street Reconstruction -Phase I, 2013 -2014 Pavement Management Program, TH 15 and CHAH 115 Roundabout, South Grade Road Bridge Replacement, Water Treatment Plan, McLeod Rail Authority improvements and City Parking Lot Improvements (together, the Improvements), to be constructed within the City under and pursuant to Minnesota Statutes, Chapter 429. This Council has previously determined to issue and sell $2,230,000 principal amount of General Obligation Improvement Bonds, Series 2013A, of the City (the Bonds) to defray a portion of the expense incurred and estimated to be incurred by the City in making the Improvements, including every item of cost of the kinds authorized in Minnesota Statutes, Section 475.65, and $22,300 representing interest as provided in Minnesota Statutes, Section 475.56. The remaining costs of the Improvements will be paid from City funds and from interest earnings on proceeds of the Bonds. 1.02. Sale of Bonds. The City has retained Ehlers & Associates, Inc., an independent financial advisor, to assist the City in connection with the sale of the Bonds. The Bonds are being sold pursuant to Minnesota Statutes, Section 475.60, Subdivision 2, paragraph (9), without meeting the requirements for public sale under Minnesota Statutes, Section 475.60, Subdivision 1. Pursuant to the Terms and Conditions of Sale for the Bonds, (� sealed bids for the purchase of the Bonds were received at or before the time specified for receipt of bids. The bids have been opened and publicly read and considered, and the purchase price, interest rates and net interest cost under the terms of each bid have been determined. The most favorable proposal received is that of , of , (the Purchaser), to purchase the Bonds at a price of $ , the Bonds to bear interest at the rates set forth in Section 3.01. The proposal is hereby accepted, and the Mayor and the City Administrator are hereby authorized and directed to execute a contract on the part of the City for the sale of the Bonds with the Purchaser. The good faith checks of the unsuccessful bidders shall be returned forthwith. 1.03. Issuance of Bonds. All acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed prior to the issuance of the Bonds have been done, do exist, have happened, and have been performed, wherefore it is now necessary for this Council to establish the form and terms of the Bonds, to provide for the security thereof, and to issue the Bonds forthwith. 1.04. Maturities. This Council finds and determines that the maturities of the Bonds, as set forth in Section 3.01 hereof, are warranted by the anticipated collection of the assessments and ad valorem taxes to be levied for the cost of the Improvements. 1.05. Consolidation of Improvements. Pursuant to Minnesota Statutes, Section 435.56, the Improvements are hereby consolidated and joined as one project. Section 2. Form of Bonds. The Bonds shall be prepared in substantially the following form: UNITED STATES OF AMERICA STATE OF MINNESOTA COUNTY OF McLEOD CITY OF HUTCHINSON GENERAL OBLIGATION IMPROVEMENT BOND, SERIES 2013A No. R- Date of Rate Maturi Original Issue CUSIP February 1, September 5, 2013 REGISTERED OWNER: CEDE & CO. PRINCIPAL AMOUNT: DOLLARS THE CITY OF HUTCHINSON, McLeod County, Minnesota (the "Cite, acknowledges itself to be indebted and, for value received, hereby promises to pay to the registered owner above named, the principal amount indicated above, on the maturity date specified above, with interest thereon from the date of original hereof specified above at the annual rate specified above computed on the basis of a 360 -day year consisting of twelve 30 -day months, payable on February 1 and August 1 in each year, commencing August 1, 2014, to the person in whose name this Bond is registered at the close of business on the 15th day (whether or not a business day) of the immediately preceding month, all subject to the provisions referred to herein with respect to the redemption of the principal of this Bond before maturity. The interest hereon and, upon presentation and surrender hereof, the principal hereof, are payable in lawful money of the United States of America by check or draft of Bond Trust Services Corporation, in Roseville, 2 Minnesota, as Bond Registrar, Transfer Agent and Paying Agent (the`Bond Registraf), or its successor designated under the Resolution described herein. This Bond is one of an issue in the aggregate principal amount of $2,230,000 (the `Bonds), all of like date and tenor except as to serial number, interest rate, redemption privilege and maturity date, issued pursuant to a resolution adopted by the City Council on August 13, 2013 (the`Resolutiori) to pay the cost of construction of local improvements in the City (the `Improvements), and is issued pursuant to and in full conformity with the provisions of the Constitution and laws of the State of Minnesota thereunto enabling, including Minnesota Statutes, Chapters 429 and 475. This Bond is payable primarily from the 2013 Improvement Bond Fund (the`Fund) of the City, but the City is required by law to pay maturing principal hereof and interest thereon out of any funds in the treasury if moneys on hand in the Fund are insufficient therefor. The Bonds are issuable only as fully registered bonds, in denominations of $5,000 or any integral multiple thereof, of single maturities. Bonds maturing in the years 2015 through 2022 are payable on their respective stated maturity dates without option of prior payment, but Bonds having stated maturity dates in the years 2023 and thereafter are each subject to redemption and prepayment, at the option of the City and in whole or in part and if in part, in the maturities selected by the City and by lot, assigned in proportion to their principal amount, within any maturity, on February 1, 2022 and on any date thereafter, at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [Bonds maturing on February 1, 20 are subject to mandatory redemption, at a redemption price equal to their principal amount plus interest accrued thereon to the redemption date, without premium, on February 1 in each of the years shown below, in an amount equal to the following principal amounts: Sinking Fund Aggregate Payment Date Principal Amount 20 $ 20 (maturity) At least thirty days prior to the date set for redemption of any Bond, notice of the call for redemption will be mailed to the Bond Registrar and to the registered owner of each Bond to be redeemed at his address appearing in the Bond Register, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond, not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price herein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bond or portions of Bonds shall cease to bear interest. Upon the partial redemption of any Bond, a new Bond or Bonds will be delivered to the registered owner without charge, representing the remaining principal amount outstanding. The Bonds have been designated by the City as "qualified tax - exempt obligations'pursuant to Section 265(b) of the Internal Revenue Code of 1986, as amended. As provided in the Resolution and subject to certain limitations set forth therein, this Bond is transferable upon the books of the City at the principal office of the Bond Registrar, by the registered owner hereof in person or by his attorney duly authorized in writing upon surrender hereof together with a written instrument of transfer satisfactory to the Bond Registrar, duly executed by the registered owner or his attorney; and may also be surrendered in exchange for Bonds of other authorized denominations. Upon such transfer or exchange, the City will cause a new Bond or Bonds to be issued in the name of the transferee or registered owner, of the same aggregate principal amount, bearing interest at the same rate and maturing on the same date, subject to reimbursement for any tax, fee or governmental charge required to be paid with respect to such transfer or exchange. The City and the Bond Registrar may deem and treat the person in whose name this Bond is registered as the absolute owner hereof, whether this Bond is overdue or not, for the purpose of receiving payment and for all other purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the contrary. IT IS HEREBY CERTIFIED, RECITED, COVENANTED AND AGREED that all acts, conditions and things required by the Constitution and laws of the State of Minnesota to be done, to exist, to happen and to be performed precedent to and in the issuance of this Bond in order to make it a valid and binding general obligation of the City according to its terms have been done, do exist, have happened and have been performed as so required; that prior to the issuance hereof the City has levied or agreed to levy special assessments on property specially benefitted by the Improvements and ad valorem taxes on all taxable property within the City, collectible in the years and amounts required to produce sums not less than 5% in excess of the principal of and interest on the Bonds as such principal and interest respectively become due, and has appropriated the same to the Fund in the manner specified in Minnesota Statutes, Section 429.091, Subdivision 4; that, to take care of any accumulated or anticipated deficiency in the Fund, additional ad valorem taxes are required by law to be levied upon all taxable property in the City without limitation as to rate or amount; and that the issuance of this Bond does not cause the indebtedness of the City to exceed any charter, constitutional or statutory limitation. This Bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Resolution until the Certificate of Authentication hereon shall have been executed by one of the authorized representatives of the Bond Registrar. IN WITNESS WHEREOF, the City of Hutchinson, McLeod County, State of Minnesota, by its City Council, has caused this Bond to be executed by the signatures of the Mayor and the City Administrator and has caused this Bond to be dated as of the date set forth below. City Administrator CITY OF HUTCHINSON, MINNESOTA Mayor CERTIFICATE OF AUTHENTICATION This is one of the Bonds delivered pursuant to the Resolution mentioned within. Date of Authentication: BOND TRUST SERVICES CORPORATION, as Bond Registrar Lo Authorized Representative The following abbreviations, when used in the inscription on the face of this Bond, shall be construed as though they were written out in full according to the applicable laws or regulations: TEN COM—as tenants UNIF TRANS MIN ACT ..... ...........Custodian........... in common (Cust) TEN ENT--f tenants under Uniform Transfers to Minors by the entireties Act .................... ............................... (State) JT TEN--as joint tenants with right of survivorship and not as tenants in common Additional abbreviations may also be used. ASSIGNMENT (Minor) FOR VALUE RECEIVED, the undersigned hereby sells, assigns and transfers unto , the within Bond and all rights thereunder, and hereby irrevocably constitutes and appoints attorney to transfer the within Bond on the books kept for registration thereof, with full power of substitution in the premises. Dated: PLEASE INSERT SOCIAL SECURITY OR OTHER IDENTIFYING NUMBER 5 NOTICE: This signature(s) to this OF ASSIGNEE: Signature(s) must be guaranteed by an "eligible guarantor institution' meeting the requirements of the Bond Registrar, which requirements include membership or participation in the Securities Transfer Association Medalion Program (STAMP) or such other`1signature guaranty prograni' as may be determined by the Bond Registrar in addition to or in substitution for STAMP, all in substitution for STAMP, all in accordance with the Securities Exchange Act of 1934, as amended. assignment must correspond with the name as it appears upon the face of the within Bond in every particular, without alteration, enlargement or any change whatsoever. [End of Bond Form] Section 3. Bond Terms, Execution and Delivery. 3.01. Maturities, Interest Rates, Denominations, Pae. The City shall forthwith issue and deliver the Bonds, which shall be denominated` General Obligation Improvement Bonds, Series 2013A'and shall be payable primarily from the 2013 Improvement Bond Fund created in Section 4.02 hereof. The Bonds shall bear a date of original issue as of September 5, 2013, shall be issuable in the denomination of $5,000 each or any integral multiple thereof, shall mature on February 1 in the years and amounts set forth below, and Bonds maturing in such years and amounts shall bear interest from the date of original issue until paid or duly called for redemption at the rates per annum shown opposite such years and amounts as follows: Year Amount Rate Year Amount Rate 2015 $145,000 2023 $170,000 2016 165,000 2024 170,000 2017 160,000 2025 110,000 2018 165,000 2026 115,000 2019 165,000 2027 120,000 2020 165,000 2028 125,000 2021 165,000 2029 125,000 2022 165,000 The Bonds shall be issuable only in fully registered form. The interest thereon and, upon surrender of each Bond, the principal amount thereof, shall be payable by check or draft issued by the Registrar described herein. Each Bond shall be dated by the Registrar as of the date of its authentication. m 3.02. Dates, Interest Payment Dates. Interest on the Bonds shall be payable on February 1 and August 1 in each year, commencing August 1, 2014, to the owner of record thereof as of the close of business on the fifteenth day of the immediately preceding month, whether or not such day is a business day. Interest on the Bonds will be computed on the basis of a 360 -day year consisting of twelve 30 -day months and will be rounded pursuant to the rules of the Municipal Securities Rulemaking Board. 3.03. Registration. The City shall appoint, and shall maintain, a bond registrar, transfer agent and paying agent (the Registrar). The effect of registration and the rights and duties of the City and the Registrar with respect thereto shall be as follows: (a) Re ig Stier. The Registrar shall keep at its principal corporate trust office a bond register in which the Registrar shall provide for the registration of ownership of Bonds and the registration of transfers and exchanges of Bonds entitled to be registered, transferred or exchanged. (b) Transfer of Bonds. Upon surrender for transfer of any Bond duly endorsed by the registered owner thereof or accompanied by a written instrument of transfer, in form satisfactory to the Registrar, duly executed by the registered owner thereof or by an attorney duly authorized by the registered owner in writing, the Registrar shall authenticate and deliver, in the name of the designated transferee or transferees, one or more new Bonds of a like aggregate principal amount and maturity, as requested by the transferor. The Registrar may, however, close the books for registration of any transfer after the fifteenth day of the month preceding each interest payment date and until such interest payment date. (c) Exchange of Bonds. Whenever any Bond is surrendered by the registered owner for exchange, the Registrar shall authenticate and deliver one or more new Bonds of a like aggregate principal amount and maturity, as requested by the registered owner or the owner's attorney duly authorized in writing. (d) Cancellation. All Bonds surrendered upon any transfer or exchange shall be promptly cancelled by the Registrar and thereafter disposed of as directed by the City. (e) Improper or Unauthorized Transfer. When any Bond is presented to the Registrar for transfer, the Registrar may refuse to transfer the same until it is satisfied that the endorsement on such Bond or separate instrument of transfer is legally authorized. The Registrar shall incur no liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or unauthorized. (f) Persons Deemed Owners. The City and the Registrar may treat the person in whose name any Bond is at any time registered in the bond register as the absolute owner of such Bond, whether such Bond shall be overdue or not, for the purpose of receiving payment of, or on account of, the principal of and interest on such Bond and for all other purposes, and all such payments so made to any such registered owner or upon the owners order shall be valid and effectual to satisfy and discharge the liability of the City upon such Bond to the extent of the sum or sums so paid. 7 (g) Taxes, Fees and Charges. For every transfer or exchange of Bonds (except for an exchange upon a partial redemption of a Bond), the Registrar may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee or other governmental charge required to be paid with respect to such transfer or exchange. (h) Mutilated, Lost, Stolen or Destroyed Bonds. In case any Bond shall become mutilated or be lost, stolen or destroyed, the Registrar shall deliver a new Bond of like amount, number, maturity date and tenor in exchange and substitution for and upon cancellation of any such mutilated Bond or in lieu of and in substitution for any such Bond lost, stolen or destroyed, upon the payment of the reasonable expenses and charges of the Registrar in connection therewith; and, in the case of a Bond lost, stolen or destroyed, upon filing with the Registrar of evidence satisfactory to it that such Bond was lost, stolen or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an appropriate bond or indemnity in form, substance and amount satisfactory to it, in which both the City and the Registrar shall be named as obligees. All Bonds so surrendered to the Registrar shall be cancelled by it and evidence of such cancellation shall be given to the City. If the mutilated, lost, stolen or destroyed Bond has already matured or been called for redemption in accordance with its terms, it shall not be necessary to issue a new Bond prior to payment. 3.04. Appointment of Initial Registrar. The City hereby appoints Bond Trust Services Corporation in Roseville, Minnesota, as the initial Registrar. The Mayor and City Finance Director are authorized to execute and deliver, on behalf of the City, a contract with Bond Trust Services Corporation, as Registrar. Upon merger or consolidation of the Registrar with another corporation, if the resulting corporation is a bank or trust company authorized by law to conduct such business, such corporation shall be authorized to act as successor Registrar. The City agrees to pay the reasonable and customary charges of the Registrar for the services performed. The City reserves the right to remove any Registrar upon thirty (3 0) days' notice and upon the appointment of a successor Registrar, in which event the predecessor Registrar shall deliver all cash and Bonds in its possession to the successor Registrar. On or before each principal or interest due date, without further order of this Council, the City Finance Director shall transmit to the Registrar from the 2013 Improvement Bond Fund described in Section 4.02 hereof, moneys sufficient for the payment of all principal and interest then due. 3.05. Redemption. (a) Bonds maturing in the years 2015 through 2022 shall not be subject to redemption prior to maturity, but Bonds maturing in the years 2023 and thereafter shall each be subject to redemption and prepayment, at the option of the City, in whole or in part, and if in part, in the maturities selected by the City and, within any maturity, in $5,000 principal amounts selected by the Registrar by lot, on February 1, 2022 and on any date thereafter at a price equal to the principal amount thereof to be redeemed plus interest accrued to the date of redemption. [(b) Bonds maturing on February 1, 20 (the Term Bonds) shall be subject to mandatory redemption prior to maturity pursuant to the sinking fund requirements of this Section 3.05 at a redemption price equal to the stated principal amount thereof plus interest accrued thereon to the redemption date, without premium. The Registrar shall select for redemption, by N. lot or other manner deemed fair, on February 1 in each of the following years the following stated principal amounts of such Bonds: Year Amount 20 $ 20 * $ *Final Maturity] (c) The City Administrator shall cause notice of the call for redemption thereof to be published as required by law, and at least thirty days prior to the designated redemption date, shall cause notice of call for redemption to be mailed, by first class mail, to the registered holders of any Bonds to be redeemed at their addresses as they appear on the bond register described in Section 3.03 hereof, but no defect in or failure to give such mailed notice of redemption shall affect the validity of proceedings for the redemption of any Bond not affected by such defect or failure. Official notice of redemption having been given as aforesaid, the Bonds or portions of Bonds so to be redeemed shall, on the redemption date, become due and payable at the redemption price therein specified and from and after such date (unless the City shall default in the payment of the redemption price) such Bonds or portions of Bonds shall cease to bear interest. Upon partial redemption of any Bond, a new Bond or Bonds will be delivered to the owner without charge, representing the remaining principal amount outstanding. 3.06. Preparation and Delivery. The Bonds shall be prepared under the direction of the City Administrator and shall be executed on behalf of the City by the signatures of the Mayor and the City Administrator. In case any officer whose signature shall appear on the Bonds shall cease to be such officer before the delivery of any Bond, such signature shall nevertheless be valid and sufficient for all purposes, the same as if such officer had remained in office until delivery. Notwithstanding such execution, no Bond shall be valid or obligatory for any purpose or entitled to any security or benefit under this resolution unless and until a certificate of authentication on the Bond has been duly executed by the manual signature of an authorized representative of the Registrar. Certificates of authentication on different Bonds need not be signed by the same representative. The executed certificate of authentication on each Bond shall be conclusive evidence that it has been authenticated and delivered under this resolution. When the Bonds have been so executed and authenticated, they shall be delivered by the City Administrator to the purchaser thereof upon payment of the purchase price in accordance with the contract of sale heretofore made and executed, and the purchaser shall not be obligated to see to the application of the purchase price. 3.07. Securities Depository. (a) For purposes of this Section the following terms shall have the following meanings: `Beneficial Ownef'shall mean, whenever used with respect to a Bond, the person in whose name such Bond is recorded as the beneficial owner of such Bond by a Participant on the records of such Participant, or such person's subrogee. E `(Cede & Co "shall mean Cede & Co., the nominee of DTC, and any successor nominee of DTC with respect to the Bonds. `DTC'shall mean The Depository Trust Company of New York, New York. `Participanl'shall mean any broker - dealer, bank or other financial institution for which DTC holds Bonds as securities depository. `Representation Lettef'shall mean the Representation Letter from the City to DTC. (b) The Bonds shall be initially issued as separately authenticated fully registered bonds, and one Bond shall be issued in the principal amount of each stated maturity of the Bonds. Upon initial issuance, the ownership of such Bonds shall be registered in the bond register in the name of Cede & Co., as nominee of DTC. The Registrar and the City may treat DTC (or its nominee) as the sole and exclusive owner of the Bonds registered in its name for the purposes of payment of the principal of or interest on the Bonds, selecting the Bonds or portions thereof to be redeemed, if any, giving any notice permitted or required to be given to registered owners of Bonds under this resolution, registering the transfer of Bonds, and for all other purposes whatsoever; and neither the Registrar nor the City shall be affected by any notice to the contrary. Neither the Registrar nor the City shall have any responsibility or obligation to any Participant, any person claiming a beneficial ownership interest in the Bonds under or through DTC or any Participant, or any other person which is not shown on the bond register as being a registered owner of any Bonds, with respect to the accuracy of any records maintained by DTC or any Participant, with respect to the payment by DTC or any Participant of any amount with respect to the principal of or interest on the Bonds, with respect to any notice which is permitted or required to be given to owners of Bonds under this resolution, with respect to the selection by DTC or any Participant of any person to receive payment in the event of a partial redemption of the Bonds, or with respect to any consent given or other action taken by DTC as registered owner of the Bonds. So long as any Bond is registered in the name of Cede & Co., as nominee of DTC, the Registrar shall pay all principal of and interest on such Bond, and shall give all notices with respect to such Bond, only to Cede & Co. in accordance with the Representation Letter, and all such payments shall be valid and effective to fully satisfy and discharge the Cites obligations with respect to the principal of and interest on the Bonds to the extent of the sum or sums so paid. No person other than DTC shall receive an authenticated Bond for each separate stated maturity evidencing the obligation of the City to make payments of principal and interest. Upon delivery by DTC to the Registrar of written notice to the effect that DTC has determined to substitute a new nominee in place of Cede & Co., the Bonds will be transferable to such new nominee in accordance with paragraph (e) hereof. (c) In the event the City determines that it is in the best interest of the Beneficial Owners that they be able to obtain Bonds in the form of bond certificates, the City may notify DTC and the Registrar, whereupon DTC shall notify the Participants of the availability through DTC of Bonds in the form of certificates. In such event, the Bonds will be transferable in accordance with paragraph (e) hereof. DTC may determine to discontinue providing its services with respect to the Bonds at any time by giving notice to the City and the Registrar and discharging its responsibilities with respect thereto under applicable law. In such event the Bonds will be transferable in accordance with paragraph (e) hereof. 10 (d) The execution and delivery of the Representation Letter to DTC by the Mayor, in the form presented to this Council with such changes, omissions, insertions and revisions as the Mayor shall deem advisable, is hereby authorized, and execution of the Representation Letter by the Mayor shall be conclusive evidence of such approval. The Representation Letter shall set forth certain matters with respect to, among other things, notices, consents and approvals by registered owners of the Bonds and Beneficial Owners and payments on the Bonds. The Registrar shall have the same rights with respect to its actions thereunder as it has with respect to its actions under this resolution. (e) In the event that any transfer or exchange of Bonds is permitted under paragraph (b) or (c) hereof, such transfer or exchange shall be accomplished upon receipt by the Registrar of the Bonds to be transferred or exchanged and appropriate instruments of transfer to the permitted transferee in accordance with the provisions of this resolution. In the event Bonds in the form of certificates are issued to owners other than Cede & Co., its successor as nominee for DTC as owner of all the Bonds, or another securities depository as owner of all the Bonds, the provisions of this resolution shall also apply to all matters relating thereto, including, without limitation, the printing of such Bonds in the form of bond certificates and the method of payment of principal of and interest on such Bonds in the form of bond certificates. Section 4. Security Provisions. 4.01. 2013 Improvement Construction Fund. There is hereby created a special bookkeeping fund to be designated as the "2013 Improvement Construction Fund' (hereinafter referred to as the Construction Fund), to be held and administered by the City Finance Director separate and apart from all other funds of the City. The City appropriates to the Construction Fund (a) the proceeds of the sale of the Bonds, and (b) all collections of special assessments levied for the Improvements until completion and payment of all costs of the Improvements. The Construction Fund shall be used solely to defray expenses of the Improvements, including but not limited to the transfer to the Bond Fund, created in Section 4.02 hereof, of amounts sufficient for the payment of interest and principal, if any, due upon the Bonds prior to the completion and payment of all costs of the Improvements and the payment of the expenses incurred by the City in connection with the issuance of the Bonds set forth in Section 8 hereof. Upon completion and payment of all costs of the Improvements, any balance of the proceeds of Bonds remaining in the Construction Fund may be used to pay the cost, in whole or in part, of any other improvements instituted pursuant to the Act, as directed by the City Council, but any balance of such proceeds not so used shall be credited and paid to the Bond Fund. 4.02. 2013 Improvement Bond Fund. So long as any of the Bonds are outstanding and any principal of or interest thereon unpaid, the City Finance Director shall maintain a separate and special bookkeeping fund designated`2013 Improvement Bond Fund'(hereinafter referred to as the Bond Fund) to be used for no purpose other than the payment of the principal of and interest on the Bonds and on such other improvement bonds of the City as have been or may be directed to be paid therefrom. The City irrevocably appropriates to the Bond Fund (a) the collections of special assessments and other funds to be credited and paid thereto in accordance with the provisions of Section 4.01, (b) any taxes levied in accordance with this resolution, (c) all income derived from the investment of amounts on hand in the Bond Fund, and (d) all such other moneys as shall be received and appropriated to the Bond Fund from time to time. If the balance 11 in the Bond Fund is at any time insufficient to pay all interest and principal then due on all bonds payable therefrom, the payment shall be made from any fund of the City which is available for that purpose, subject to reimbursement from the Bond Fund when the balance therein is sufficient, and the Council covenants and agrees that it will each year levy a sufficient amount to take care of any accumulated or anticipated deficiency, which levy is not subject to any constitutional or statutory tax limitation. There are hereby established two accounts in the Bond Fund, designated as the` Debt Service Accounl'and the "Surplus Account" All money appropriated or to be deposited in the Bond Fund shall be deposited as received into the Debt Service Account. On each February 1, the City Finance Director shall determine the amount on hand in the Debt Service Account. If such amount is in excess of one - twelfth of the debt service payable from the Bond Fund in the immediately preceding 12 months, the City Finance Director shall promptly transfer the amount in excess to the Surplus Account. The City appropriates to the Surplus Account any amounts to be transferred thereto from the Debt Service Account as herein provided and all income derived from the investment of amounts on hand in the Surplus Account. If at any time the amount on hand in the Debt Service Account is insufficient to meet the requirements of the Bond Fund, the City Finance Director shall transfer to the Debt Service Account amounts on hand in the Surplus Account to the extent necessary to cure such deficiency. The City reserves the right to establish a revolving fund pursuant to Minnesota Statutes, Section 429.091, subdivision 7a, and to provide that the Bonds shall be payable from such revolving fund. If the City determines to establish such a revolving fund and to provide that the Bonds are payable therefrom, then any remaining amounts in the Construction Fund shall be deposited in the construction account in the revolving fund and amounts in the Bond Fund shall be deposited in the debt service account in the revolving fund. Any future collections of special assessments levied with respect to the Improvements shall be deposited in the construction account or debt service account as the City Council or an officer designated by the City Council may determine. 4.03. Additional Bonds. The City reserves the right to issue additional bonds payable from the Bond Fund as may be required to finance costs of the Improvements not financed hereby; provided that the City Council shall, prior to the delivery of such additional bonds, levy or agree to levy by resolution sufficient additional special assessments and ad valorem taxes, if any, which, together with other moneys or revenues pledged for the payment of said additional obligations, will produce revenues at least five percent (5 %) in excess of the amount needed to pay when due the principal and interest on all bonds payable from the Bond Fund. The additional special assessments, ad valorem taxes and moneys or revenues so pledged, levied or agreed to be levied shall be irrevocably appropriated to the Bond Fund in the manner provided by Minnesota Statutes, Section 475.61. 4.04. Levy of Special Assessments. The City hereby covenants and agrees that for payment of the cost of each of the Improvements it will do and perform all acts and things necessary for the full and valid levy of special assessments against all assessable lots, tracts and parcels of land benefited thereby and located within the area proposed to be assessed therefor, based upon the benefits received by each such lot, tract or parcel, in an aggregate principal amount not less than twenty percent (20 %) of the cost of the Improvements. In the event that 12 any such assessment shall be at any time held invalid with respect to any lot, piece or parcel of land, due to any error, defect or irregularity in any action or proceeding taken or to be taken by the City or this Council or any of the Cites officers or employees, either in the making of such assessment or in the performance of any condition precedent thereto, the City and this Council hereby covenant and agree that they will forthwith do all such further acts and take all such further proceedings as may be required by law to make such assessments a valid and binding lien upon such property. The Council presently estimates that the special assessments shall be in the principal amount of $66,362.20 payable in not more than 10 installments, the first installment to be collectible with taxes during the year 2014, and that deferred installments shall bear interest at the rate of 4.15% per annum from the date of the resolution levying said assessment until December 31 of the year in which the installment is payable. 4.05. Ad Valorem Taxes. The full faith and credit and taxing powers of the City are irrevocably pledged for the prompt and full payment of the principal of and interest in the Bonds as the same become respectively due. For the purpose there is hereby levied upon all of the taxable property of the City a direct, annual ad valorem tax, which shall be spread upon the tax rolls prepared in each of the following years and collected with other taxes in the following years and amounts as follows: Levy Collection Year Year Amount 2013 2014 $ 2014 2015 2015 2016 2016 2017 2017 2018 2018 2019 2019 2020 2020 2021 2021 2022 2022 2023 2023 2024 2024 2025 2025 2026 2026 2027 2027 2028 The foregoing tax levies are such that if collected in full they will produce at least five percent (5 %) in excess of the amount needed to pay when due the principal of and interest on the Bonds. This tax shall be irrevocably appropriated to the Bond Fund as long as any of the Bonds are outstanding and unpaid; provided that the City reserves the right and power to reduce the levies in the manner and to the extent permitted by Minnesota Statutes, Section 475.61. 4.06. Full Faith and Credit Pledged. The full faith and credit of the City are irrevocably pledged for the prompt and full payment of the principal of and the interest on the Bonds, and the Bonds shall be payable from the Bond Fund in accordance with the provisions and covenants 13 contained in this resolution. It is estimated that the taxes and special assessments levied and to be levied for the payment of the Improvements will be collected in amounts not less than five percent (5 %) in excess of the annual principal and interest requirements of the Bonds. If the money on hand in the Bond Fund should at any time be insufficient for the payment of principal and interest then due, this City shall pay the principal and interest out of any fund of the City, and such other fund or funds shall be reimbursed therefor when sufficient money is available to the Bond Fund. If on February 1 in any year the sum of the balance in the Bond Fund plus the amount of taxes and special assessments theretofore levied for the Improvements and collectible through the end of the following calendar year is not sufficient to pay when due all principal and interest become due on all Bonds payable therefrom in said following calendar year, or the Bond Fund has incurred a deficiency in the manner provided in this Section 4.06, a direct, irrepealable, ad valorem tax shall be levied on all taxable property within the corporate limits of the City for the purpose of restoring such accumulated or anticipated deficiency in accordance with the provisions of this resolution. Section 5. Defeasance. When all of the Bonds have been discharged as provided in this section, all pledges, covenants and other rights granted by this resolution to the holders of the Bonds shall cease. The City may discharge its obligations with respect to any Bonds which are due on any date by depositing with the paying agent on or before that date a sum sufficient for the payment thereof in full; or, if any Bond should not be paid when due, it may nevertheless be discharged by depositing with the paying agent a sum sufficient for the payment thereof in full with interest accrued to the date of such deposit. The City may also at any time discharge its obligations with respect to any Bonds, subject to the provisions of law now or hereafter authorizing and regulating such action, by depositing irrevocably in escrow, with a bank qualified by law as an escrow agent for this purpose, cash or securities which are general obligations of the United States or securities of United States agencies which are authorized by law to be so deposited, bearing interest payable at such time and at such rates and maturing on such dates as shall be required, without reinvestment, to pay all principal and interest to become due thereon to maturity. Section 6. Registration, Certification of Proceedings, Investment of Moneys, Arbitrage and Official Statement. 6.01. Registration. The City Administrator is hereby authorized and directed to file a certified copy of this resolution with the County Auditor of McLeod County, together with such other information as he shall require, and to obtain from the County Auditor a certificate that the Bonds have been entered on his bond register and that the tax required for the payment thereof has been levied and filed as required by law. 6.02. Certification of Proceedings. The officers of the City and the County Auditor of McLeod County are hereby authorized and directed to prepare and furnish to the Purchaser, and to Dorsey & Whitney LLP, Bond Counsel, certified copies of all proceedings and records of the City, and such other affidavits, certificates and information as may be required to show the facts relating to the legality and marketability of the Bonds as the same appear from the books and records under their custody and control or as otherwise known to them, and all such certified copies, certificates and affidavits, including any heretofore furnished, shall be deemed representations of the City as to the facts recited therein. 14 6.03. Covenant. The City covenants and agrees with the holders from time to time of the Bonds that it will not take or permit to be taken by any of its officers, employees or agents any action which would cause the interest on the Bonds to become subject to taxation under the Internal Revenue Code of 1986, as amended (the Code), and Regulations promulgated thereunder (the Regulations), as such are enacted or promulgated and in effect on the date of issue of the Bonds, and covenants to take any and all actions within its powers to ensure that the interest on the Bonds will not become subject to taxation under such Code and Regulations. The Improvements and any other improvements financed pursuant to Section 4.01 will be owned and maintained by the City and available for use by members of the general public on a substantially equal basis. The City shall not enter into any lease, use or other agreement with any non- governmental person relating to the use of such improvements or security for the payment of the Bonds which might cause the Bonds to be considered`Orivate activity bonds'or`�rivate loan bonds'within the meaning of Section 141 of the Code. 6.04. Arbitrage Certification. The Mayor and City Administrator, being the officers of the City charged with the responsibility for issuing the Bonds pursuant to this resolution, are authorized and directed to execute and deliver to the Purchaser a certificate in accordance with the provisions of Section 148 of the Code, and Section 1.148- 2(b)(2) of the Regulations, stating the facts and estimates in existence on the date of issue and delivery of the Bonds which make it reasonable to expect that the proceeds of the Bonds will not be used in a manner that would cause the Bonds to be arbitrage bonds within the meaning of said Code and Regulations. 6.05. Arbitrage Rebate. The City shall take such actions as are required to comply with the arbitrage rebate requirements of paragraphs (2) and (3) of Section 148(f) of the Code. 6.06. Interest Disallowance. The City hereby designates the Bonds as "qualified tax - exempt obligations' for purpose of Section 265(b) of the Code relating to the disallowance of interest expenses for financial institutions. The City represents that in calendar year 2013 it does not reasonable expect to issue tax - exempt obligations which are not private activity bonds (not treating qualified 501(c)(3) bonds under Section 145 of the Code as private activity bonds for purposes of this representation) in an amount in excess of $10,000,000. 6.07. Official Statement. The Official Statement relating to the Bonds, dated August 1, 2013, prepared and distributed on behalf of the City by Ehlers & Associates, Inc., is hereby approved. The officers of the City are hereby authorized and directed to execute such certificates as may be appropriate concerning the accuracy, completeness and sufficiency of the Official Statement. Section 7. Continuing Disclosure. (a) Purpose and Beneficiaries. To provide for the public availability of certain information relating to the Bonds and the security therefor and to permit the Purchaser and other participating underwriters in the primary offering of the Bonds to comply with amendments to Rule 15c2 -12 promulgated by the SEC under the Securities Exchange Act of 1934 (17 C.F.R. § 240.15c2 -12), relating to continuing disclosure (as in effect and interpreted from time to time, the Rule), which will enhance the marketability of the Bonds, the City hereby makes the following covenants and agreements for the benefit of the Owners (as hereinafter defined) from time to time of the Outstanding Bonds. The City is the only obligated person in respect of the Bonds within the meaning of the Rule for purposes of identifying the 15 entities in respect of which continuing disclosure must be made. If the City fails to comply with any provisions of this section, any person aggrieved thereby, including the Owners of any Outstanding Bonds, may take whatever action at law or in equity may appear necessary or appropriate to enforce performance and observance of any agreement or covenant contained in this section, including an action for a writ of mandamus or specific performance. Direct, indirect, consequential and punitive damages shall not be recoverable for any default hereunder to the extent permitted by law. Notwithstanding anything to the contrary contained herein, in no event shall a default under this section constitute a default under the Bonds or under any other provision of this resolution. As used in this section, Owner or Bondowner means, in respect of a Bond, the registered owner or owners thereof appearing in the bond register maintained by the Registrar or any Beneficial Owner (as hereinafter defined) thereof, if such Beneficial Owner provides to the Registrar evidence of such beneficial ownership in form and substance reasonably satisfactory to the Registrar. As used herein, Beneficial Owner means, in respect of a Bond, any person or entity which (i) has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, such Bond (including persons or entities holding Bonds through nominees, depositories or other intermediaries), or (ii) is treated as the owner of the Bond for federal income tax purposes. (b) Information To Be Disclosed. The City will provide, in the manner set forth in subsection (c) hereof, either directly or indirectly through an agent designated by the City, the following information at the following times: (1) on or before 365 days after the end of each fiscal year of the City, commencing with the fiscal year ending December 31, 2013, the following financial information and operating data in respect of the City (the Disclosure Information): (A) the audited financial statements of the City for such fiscal year, prepared in accordance with generally accepted accounting principles in accordance with the governmental accounting standards promulgated by the Governmental Accounting Standards Board or as otherwise provided under Minnesota law, as in effect from time to time, or, if and to the extent such financial statements have not been prepared in accordance with such generally accepted accounting principles for reasons beyond the reasonable control of the City, noting the discrepancies therefrom and the effect thereof, and certified as to accuracy and completeness in all material respects by the fiscal officer of the City; and (B) to the extent not included in the financial statements referred to in paragraph (A) hereof, the information for such fiscal year or for the period most recently available of the type contained in the Official Statement under headings: Current Property Valuations; Direct Debt; Tax Levies and Collections; Population Trend; Employment/Unemployment. Notwithstanding the foregoing paragraph, if the audited financial statements are not available by the date specified, the City shall provide on or before such date unaudited financial statements in the format required for the audited financial statements as part of the Disclosure Information and, within 10 days after the receipt thereof, the City shall provide the audited financial statements. Any or all of the Disclosure Information may be incorporated by reference, if it is updated as 16 required hereby, from other documents, including official statements, which have been filed with the SEC or have been made available to the public on the Internet Web site of the Municipal Securities Rulemaking Board (MSRB). The City shall clearly identify in the Disclosure Information each document so incorporated by reference. If any part of the Disclosure Information can no longer be generated because the operations of the City have materially changed or been discontinued, such Disclosure Information need no longer be provided if the City includes in the Disclosure Information a statement to such effect; provided, however, if such operations have been replaced by other City operations in respect of which data is not included in the Disclosure Information and the City determines that certain specified data regarding such replacement operations would be described in paragraph (2) hereof, then, from and after such determination, the Disclosure Information shall include such additional specified data regarding the replacement operations. If the Disclosure Information is changed or this section is amended as permitted by this paragraph (b)(1) or subsection (d), then the City shall include in the next Disclosure Information to be delivered hereunder, to the extent necessary, an explanation of the reasons for the amendment and the effect of any change in the type of financial information or operating data provided. (2) In a timely manner not in excess of 10 business days after the occurrence of the event, notice of any of the following events with respect to the Bonds: (A) Principal and interest payment delinquencies; (B) Non - payment related defaults, if material; (C) Unscheduled draws on debt service reserves reflecting financial difficulties; (D) Unscheduled draws on credit enhancements reflecting financial difficulties; (E) Substitution of credit or liquidity providers, or their failure to perform; (F) Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701 - TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds; (G) Modifications to rights of security holders; (H) Bond calls (other than scheduled mandatory redemptions), if material, and tender offers; (I) Defeasances; (J) Release, substitution, or sale of property securing repayment of the securities, if material; (K) Rating changes; (L) Bankruptcy, insolvency, receivership or a similar event with respect to the City; 17 (M) The consummation of a merger, consolidation, or acquisition involving an obligated person or the sale of all or substantially all of the assets of the obligated person, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material and (V) Appointment of a successor or additional trustee or the change of name of a trustee, if material. As used herein, for those events that must be reported if material, an event is` material'if it is an event as to which a substantial likelihood exists that a reasonably prudent investor would attach importance thereto in deciding to buy, hold or sell a Bond or, if not disclosed, would significantly alter the total information otherwise available to an investor from the Official Statement, information disclosed hereunder or information generally available to the public. Notwithstanding the foregoing sentence, an event is also`material'if it is an event that would be deemed material for purposes of the purchase, holding or sale of a Bond within the meaning of applicable federal securities laws, as interpreted at the time of discovery of the occurrence of the event. For the purposes of the event identified in (L) hereinabove, the event is considered to occur when any of the following occur: the appointment of a receiver, fiscal agent or similar officer for an obligated person in a proceeding under the U.S. Bankruptcy Code or in any other proceeding under state or federal law in which a court or governmental authority has assumed jurisdiction over substantially all of the assets or business of the obligated person, or if such jurisdiction has been assumed by leaving the existing governing body and officials or officers in possession but subject to the supervision and orders of a court or governmental authority, or the entry of an order confirming a plan of reorganization, arrangement or liquidation by a court or governmental authority having supervision or jurisdiction over substantially all of the assets or business of the obligated person. (3) In a timely manner, notice of the occurrence of any of the following events or conditions: (A) the failure of the City to provide the Disclosure Information required under paragraph (b)(1) at the time specified thereunder; (B) the amendment or supplementing of this section pursuant to subsection (d), together with a copy of such amendment or supplement and any explanation provided by the City under subsection (d)(2); (C) the termination of the obligations of the City under this section pursuant to subsection (d); (D) any change in the accounting principles pursuant to which the financial statements constituting a portion of the Disclosure Information are prepared; and (E) any change in the fiscal year of the City. �: (c) Manner of Disclosure. (1) The City agrees to make available to the MSRB, in an electronic format as prescribed by the MSRB from time to time, the information described in subsection (b). (2) All documents provided to the MSRB pursuant to this subsection (c) shall be accompanied by identifying information as prescribed by the MSRB from time to time. (d) Term, Amendments, Interpretation. (1) The covenants of the City in this section shall remain in effect so long as any Bonds are Outstanding. Notwithstanding the preceding sentence, however, the obligations of the City under this section shall terminate and be without further effect as of any date on which the City delivers to the Registrar an opinion of Bond Counsel to the effect that, because of legislative action or final judicial or administrative actions or proceedings, the failure of the City to comply with the requirements of this section will not cause participating underwriters in the primary offering of the Bonds to be in violation of the Rule or other applicable requirements of the Securities Exchange Act of 1934, as amended, or any statutes or laws successory thereto or amendatory thereof. (2) This section (and the form and requirements of the Disclosure Information) may be amended or supplemented by the City from time to time, without notice to (except as provided in paragraph (c)(3) hereof) or the consent of the Owners of any Bonds, by a resolution of this Council filed in the office of the recording officer of the City accompanied by an opinion of Bond Counsel, who may rely on certificates of the City and others and the opinion may be subject to customary qualifications, to the effect that: (i) such amendment or supplement (a) is made in connection with a change in circumstances that arises from a change in law or regulation or a change in the identity, nature or status of the City or the type of operations conducted by the City, or (b) is required by, or better complies with, the provisions of paragraph (b)(5) of the Rule; (ii) this section as so amended or supplemented would have complied with the requirements of paragraph (b)(5) of the Rule at the time of the primary offering of the Bonds, giving effect to any change in circumstances applicable under clause (i)(a) and assuming that the Rule as in effect and interpreted at the time of the amendment or supplement was in effect at the time of the primary offering; and (iii) such amendment or supplement does not materially impair the interests of the Bondowners under the Rule. If the Disclosure Information is so amended, the City agrees to provide, contemporaneously with the effectiveness of such amendment, an explanation of the reasons for the amendment and the effect, if any, of the change in the type of financial information or operating data being provided hereunder. 19 (3) This section is entered into to comply with the continuing disclosure provisions of the Rule and should be construed so as to satisfy the requirements of paragraph (b)(5) of the Rule. Section 8. Authorization of Payment of Certain Costs of Issuance of the Bonds. The City authorizes the Purchaser to forward the amount of Bond proceeds allocable to the payment of issuance expenses to Klein Bank, on the closing date for further distribution as directed by the Citys financial advisor, Ehlers & Associates, Inc. Attest: Mayor City Administrator The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following Councilmembers voted in favor thereof: and the following Councilmembers voted against the same: whereupon said resolution was declared duly passed and adopted, and was signed by the Mayor, which was attested by the City Administrator. 20 COUNTY AUDITOR'S CERTIFICATE AS TO BOND REGISTRATION AND TAX LEVY I, the undersigned, being the duly qualified and acting County Auditor of McLeod County, Minnesota, hereby certify that there has been filed in my office a certified copy of Resolution No. adopted August 13, 2013, by the City Council of the City of Hutchinson, Minnesota, setting forth the form and details of an issue of $2,230,000 General Obligation Improvement Bonds, Series 2013A, dated as of September 5, 2013, and levying taxes for the payment thereof. I further certify that the bond issue has been entered on my bond register and the tax required by law for payment of the Bonds has been levied and filed, as required by Minnesota Statutes, Sections 475.61 to 475.63. WITNESS my hand and official seal this day of , 2013. McLeod County Auditor (SEAL) Debt Issuance Services August 13, 2013 Sale Report City of Hutchinson, Minnesota i 1(6- www,ehiers EHLERS - _ _ Minnesota phone 651 - 697 -8500 3060 Centre Pointe Drive - 4= LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651 - 697 -8555 Roseville, MN 55113-1122 Debt Issuance Services City of Hutchinson, MN Results of Bond Sale — August 13, 2013 $2,230,000 General Obligation Improvement Bonds, Series 2013A Purpose: To finance various public improvements within the City Rating: Standard & Poor's "AA -" Number of Bids: 6 Low Bidder: Baird, Milwaukee, WI True Interest Cost: 2.6443% Difference from Low Bid High Bid Interest Savings Lowest to Highest Bid: 2.6443% 3.0919% $81,465 Summary of Results: Projected Results of Sale Difference Principal Amount *: $2,230,000 $2,230,000 $0 Reoffering Premium: $0 $51,686 $51,686 Discount Allowance: $22,300 $11,948 - $10,352 Cost of Issuance: $42,000 $36,275 - $5,725 Net Proceeds: $2,860,567 $2,930,876 $70,309 True Interest Cost: 3.14% 2.64% -0.49% Assessment Rate: 4.15% 3.65% -0.50% Closing Date: September 5, 2013 Council Action: Resolution Relating To $2,230,000 General Obligation Improvement Bonds, Series 2013A; Authorizing The Issuance, Awarding The Sale, Fixing The Form And Details, Providing For The Execution And Delivery Thereof And The Security Therefor And Levying Ad Valorem Taxes For The Payment Thereof Attachments: • Rating Report • Bid Tabulation • Updated Debt Service Schedules • Bond Resolution (Distributed in Council Packets) www,ehlers- i'nc.com E H L E RS -- - - _ - - -- Minnesota phone 651 - 697 -8500 3060 Centre Pointe Drive LEADERS IN PUBLIC FINANCE Offices also in Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113-1122 STANDARD &P00R'S RATINGS SERVICES RatingsDirect @ Summary Hutchinson, Minnesota; General Obligation; Non- School State Programs Primary Credit Analyst: Katilyn Pulcher, ASA, CERA, Chicago (1) 312- 233 -7055; katil yn.pulcher @standardandpoors.com Secondary Contact: Caroline E West, Chicago (1) 312 - 233 -7047; caroline .west @standardandpoors.com Table Of Contents .............................................................................. ............................... Rationale Outlook Related Criteria And Research WWW. STANDARDANDPOORS .COM /RATINGSDIRECT AUGUST 12, 2013 1 1177197 1 S,,.0137f-1F j.2 Summary: Hutchinson, Minnesota; General obligation; Non - School State Programs Credit Profile US$2.23 mil GO imp bnds ser 2013A dtd 09/05/2013 due 02/01/2029 Long Term Rating Hutchinson GO Long Term Rating Hutchinson GO Non -Sch St Prog Long Term Rating Unenhanced Rating Rationale AA- /Stable New AA- /Stable Affirmed AA+ /Stable Affirmed AA- (SPUR) /Stable Affirmed Standard & Poor's Ratings Services assigned its 'AA -' long -term rating to Hutchinson, Minn.'s series 2013A general obligation (GO) improvement bonds. At the same time, we affirmed our 'AA-' long -term rating and underlying rating (SPUR) on the city's previously rated GO bonds and our 'AA +' program rating on the city's 2009A and 2009B GO revenue refunding bonds, reflecting the city's eligibility for, and participation in, Minnesota's City Credit Enhancement Program. The outlook on all the ratings is stable. The 'AA-' long -term rating and SPUR reflect our view of the city's: • Role as a regional economic center and access to St. Cloud's and Minneapolis -St. Paul's larger economies; • Good income and strong market value per capita; • Good financial management; and • Very strong general fund reserves due to consistently positive operations. Partially offsetting the above strengths, in our view, are the city's high debt service carrying charges, albeit somewhat mitigated by rapid amortization. The city's full faith and credit unlimited -tax GO pledge secures the bonds. The city expects to pay debt service from special assessments against benefited properties and ad valorem property taxes. Management will use bond proceeds for various street and infrastructure improvements within the city. Hutchinson (with an estimated population of 14,148) is in McLeod County, approximately 55 miles west of Minneapolis and 52 miles south of St. Cloud. Given the city's location, residents can commute to the greater Minneapolis -St. Paul metropolitan area for jobs. Jobs are also available in the city, with leading employers including 3M Co. (1,700 employees), a manufacturer of tape and related products; Hutchinson Area Health Care (750); and Hutchinson Technology Inc. (700), a manufacturer of suspension assemblies. In 2012, county unemployment was 6.9 %, above the state's 5.6% rate but below the nation's 8.1% rate during the same time period. Median household WWW. STANDARDANDPOORS .COM /RATINGSDIRECT AUGUST 12, 2013 2 1177197 1301372653 Summary: Hutchinson, Minnesota; General Obligation; Non - School State Programs effective buying income is good, in our opinion, at 102% of the national level. The city's net tax capacity has declined in recent years, but officials expect it to remain flat in 2014, with a possible increase in 2015 due to growth in the commercial sector. Management attributes the most recent decline of 3.6% to $8.9 million to residential home values continuing to fall and some remaining foreclosure activity. Economic market value, a more accurate measure of wealth sourced directly from the Minnesota Department of Revenue, is $822.8 billion, or $58,155 per capita, which we view as strong. The 10 leading taxpayers account for a diverse 15.4% of net tax capacity. Hutchinson's conservative management practices have led to operating surpluses for at least the past eight fiscal years. For fiscal 2013, the city adopted a break -even budget and expects to end the year with a slight surplus of approximately $50,0004100,000. At fiscal year -end 2012 (Dec. 31), the city reported a $255,000 surplus in the general fund, attributable to the receipt of FEMA money and state aid for a storm cleanup it performed in 2011, insurance dividends, and a transfer into the general fund to be set aside for a tree replacement project in future years. The assigned and unassigned general fund balance at fiscal year -end was $1.8 million, or 17.7% of expenditures. However, the city had an additional $4.4 million in committed general fund balance, which the city council can change to assigned or unassigned at any time. Including the committed portion, the city's available reserve is more than $5.9 million, or 60.3% of expenditures, which we consider very strong. The fiscal 2014 budget has not yet been adopted, but management expects a few positive changes next year. The city anticipates it will budget for break -even operations and spend $1.5 million of the anticipated $2.2 million increase in its local government aid (LGA) on capital projects. The remaining $700,000 will be used for operations, as will $400,000 - $500,000 in additional revenue that the city is expecting from its utilities due to recent negotiations. The city reports it reduced its reliance on LGA for operating purposes due to instability at the state level in recent years. Management does not intend to raise the levy in 2014 and, thus, will not be negatively affected by the recently enacted 3% levy increase limit. The city also stands to save approximately $75,000 4100,000 due to the recently enacted sales tax exemptions for municipalities. Management reports the sequestration has not hurt its operations so far in 2013 and it does not expect it to in 2014 either. Property taxes (51 %) are the city's leading revenue stream, with charges for services (17 %) and intergovernmental aid (15 %) generating most of the remaining general fund revenues. Management transferred $451,000 in fiscal 2011 and $420,000 in fiscal 2012 into the general fund from the liquor store fund to support general operations. Although the liquor store fund had a negative $526,000 in unrestricted net assets at fiscal year -end 2012 and thus does not provide an additional source of liquidity, the store has positive operations and supports the general fund annually. The city local sales tax of 0.5% the city recently passed and had anticipated would generate between $600,000 and $800,000 in revenue annually is actually bringing in approximately $1.3 million. Management expects this amount to continue to grow due to growth in its commercial sector, and is using this revenue to pay debt service water and wastewater debt. Standard & Poor's considers Hutchinson's financial management practices "good" under its Financial Management Assessment methodology, indicating financial practices exist in most areas, although not all may be formalized or regularly monitored. Highlights of these policies include management's monthly reports to the city council on budgeted figures compared with actual performance, a capital plan that includes estimated project costs and is WWW. STANDARDANDPOORS .COM /FtATINGSDIRECT AUGUST 12, 2013 3 1177157 ;01372553 Summary: Hutchinson, Minnesota; General Obligation; Non - School State Programs updated annually, and a five -year financial forecast. The financial forecast uses historical trend analyses to project revenues and expenditures. In addition, the city maintains a board - adopted fund balance policy that requires a minimum unrestricted general fund balance equal to 40% of the next year's operating budget, a target it is currently exceeding. The city's overall net debt burden is low, in our view, at $1,519 per capita, and very low, at 2.6% of market value. Carrying charges, as a percent of total noncapital governmental funds expenditures, were high at 21.6% in fiscal 2012. Amortization is rapid, with officials planning to retire 78% of principal within 10 years. We understand the city plans to issue an additional $2 million to $3 million in GO bonds for more street and infrastructure projects in each of 2014 and 2015. Employees are covered by defined benefit plans administered by the Public Employees Retirement Association of Minnesota (PERA). The city has historically contributed 100% of required contributions to PERA, which totaled $572,000 in 2012. Hutchinson does not pay for any portion of retiree healthcare premiums but allows employees to stay in its health insurance plan upon retirement and continue to pay active premium rates. As such, a portion of the city's contributions to the healthcare plan for active employees constitutes an implicit subsidy contribution on behalf of its retirees. In 2012, this other postemployment benefit (OPEB) implicit subsidy contribution totaled $40,000. Together, the city's OPEB and pension contributions equaled 3.1% of total governmental funds expenditures. Outlook The stable outlook on the 'AA +' enhanced program rating reflects the outlook of the state of Minnesota. The stable outlook on the 'AA -' long -term rating reflects our expectation that city management will maintain very strong reserves in accordance with its 40% fund balance policy. We do not expect to change the rating within the two -year time frame of the outlook because we expect the city to continue its prudent financial management practices and maintain very strong reserves. The city's role as a regional economic center and its access to larger and more diverse economies provide additional rating stability. Related Criteria And Research • USPF Criteria: GO Debt, Oct. 12, 2006 • USPF Criteria: Key General Obligation Ratio Credit Ranges — Analysis Vs. Reality, April 2, 2008 • USPF Criteria: State Credit Enhancement Programs, Nov. 13, 2008 Complete ratings information is available to subscribers of RatingsDirect at www.globalcreditportal.com. All ratings affected by this rating action can be found on Standard & Poor's public Web site at www.standardandpoors.com. Use the Ratings search box located in the left column. WWW. STANDARDANDPOORS .COM /RATINGSDIRECT AUGUST 12, 2013 4 Copyright © 2013 by Standard & Poor's Financial Services LLC. All rights reserved. No content (including ratings, credit - related analyses and data, valuations, model, software or other application or output therefrom) or any part thereof (Content) may be modified, reverse engineered, reproduced or distributed in any form by any means, or stored in a database or retrieval system, without the prior written permission of Standard & Poor's Financial Services LLC or its affiliates (collectively, S &P). 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S &P's public ratings and analyses are made available on its Web sites, www.standardandpoors.com (free of charge), and www.ratingsdirect.com and www.globalcreditportal.com (subscription) and www.spcapitahq.com (subscription) and may be distributed through other means, including via S &P publications and third -parry redistributors. Additional information about our ratings fees is available at www. standardandpoors .com /usratingsfees. WGRAW -HILL WWW. STANDARDANDPOORS .COM /RATINGSDIRECT AUGUST 12, 2013 5 1177197 1301372653 BID TABULATION $2,230,000 General Obligation Improvement Bonds, Series 2013A CITY OF HUTCHINSON, MINNESOTA SALE: August 13, 2013 AWARD: BAIRD RATING: Standard & Poor's Credit Markets "AA -" BBI: 4.73% NAME OF BIDDER MATURITY (February 1) RATE REOFFERING PRICE YIELD NET TRUE INTEREST INTEREST COST RATE BAIRD 2015 2.000% 0.500% $2,269,738.30 $481,182.31 2.6443% Milwaukee, Wisconsin 2016 2.000% 0.750% C.L. King & Associates 2017 2.000% 1.000% Kildare Capital 2018 2.000% 1.250% SAMCO Capital Markets 2019 2.000% 1.550% Cronin & Co., Inc. 2020 2.000% 1.850% Edward Jones 2021 3.000% 2.100% Loop Capital Markets 2022 3.000% 2.350% Crews & Associates, Inc. 2023 3.000% 2.500% Davenport & Co. L.L.C. 2024* 3.000% 2.850% Vining- Sparks IBG, Limited Partnership 2025* 3.000% 2.850% Ross, Sinclaire & Associates, LLC 2026 ** 3.200% 3.200% CastleOak Securities, L.P. 2027 ** 3.200% 3.200% Wedbush Securities Inc. 2028 * ** 3.500% 3.500% Dougherty & Company, LLC 2029 * ** 3.500% 3.500% Country Club Bank Isaak Bond Investments, Inc LIMB Bank,N.A. Northland Securities, Inc. *$280,000 Term Bond due 2025 with mandatory redemption in 2024 * *$235,000 Term Bond due 2027 with mandatory redemption in 2026 ** *$250,000 Term Bond due 2029 with mandatory redemption in 2028 EHLERS LEADERS IN PUBLIC FINANCE www.ehlers- inc.com Minnesota phone 651- 697 - 8500 3060 Centre Pointe Drive Offices also in Wisconsin and Illinois fax 651- 697 -8555 Roseville, MN 55113 -1122 $2,230,000 General Obligation Improvement Bonds, Series 2013A City of Hutchinson, Minnesota Page 2 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE RAYMOND JAMES & ASSOCIATES, INC Memphis, Tennessee PIPER JAFFRAY & CO. Minneapolis, Minnesota FTN FINANCIAL CAPITAL MARKETS Memphis, Tennessee 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2.000% 2.000% 2.000% 2.000% 2.000% 2.000% 2.500% 2.625% 2.750% 3.000% 3.000% 3.250% 3.250% 3.500% 3.500% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.000% 3.375% 3.375% 3.500% 3.500% 2.000% 2.000% 2.000% 2.000% 2.000% 2.000% 3.000% 2.500% 2.500% 2.900% 2.900% 3.500% 3.500% 3.750% 3.750% $2,250,288.00 $486,842.39 2.6890% $2,293,147.30 $501,298.71 2.7494% $2,250,216.55 $501,173.09 2.7644% $2,230,000 General Obligation Improvement Bonds, Series 2013A City of Hutchinson, Minnesota Page 3 NET TRUE NAME OF BIDDER MATURITY RATE REOFFERING PRICE INTEREST INTEREST (February 1) YIELD COST RATE UNITED BANKERS' BANK Bloomington, Minnesota STERNE AGEE Birmingham, Alabama 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 0.500% 0.750% 1.000% 1.250% 1.600% 1.950% 2.200% 2.450% 2.700% 2.900% 4.000% 4.000% 4.000% 4.000% 4.000% 2.250% 2.250% 2.250% 2.250% 2.500% 2.750% 3.000% 3.000% 3.500% 3.500% 3.500% 3.500% 4.000% 4.000% 4.000% $2,242,506.25 $516,890.28 2.8365% $2,264,234.40 $562,647.68 3.0919% Hutchinson, Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Issue Summary Total Issue Sources And Uses Dated 09/05/2013 1 Delivered 09/05/2013 Uses Of Funds Total Underwriter's Discount (0.536%) Assessment 8.277.53 Issue Costs of Issuance Portion City Portion Summary Deposit to Project Construction Fund 1.385,325.15 1.535.198.71 1920.523.86 Sources Of Funds 3.180.03 7.172.47 10.352.50 Par Amount of Bonds $685.000.00 $1.545.000.00 S2.230A00.00 Reoffering Premium 20.904.85 30.780.95 51.685.80 Prepaid Assessments 697.413.06 697.413.06 Total Sources $1,403,317.91 $1,575,780.95 $2,979,098.86 Uses Of Funds Total Underwriter's Discount (0.536%) 3.669.97 8.277.53 11.947.50 Costs of Issuance 11.142.76 25.132.24 36.275.00 Deposit to Project Construction Fund 1.385,325.15 1.535.198.71 1920.523.86 Deposit to Project Fund (Unused Discount) 3.180.03 7.172.47 10.352.50 Total Uses Series 2013A GO Imp Bonds I Issue Summary 1 8113/2013 1 12:05 PM EHLERS_ `Y „'` LEADERS IN PUBLIC FINANCE $1,403,317.91 $1,575,780.95 $2,979,098.86 Hutchinson. Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Issue Summary Debt Service Schedule Date Principal Coupon Interest Total P +I 105% of Total Assessments Levy /(Surplus) 02/03/2014 - - - - - - - 02/01/2015 145,000.00 2.000% 82,885.62 227,885.62 239,279.90 90,584.40 148,695.50 02/01/2016 165,000.00 2.000% 56,070.00 221,070.00 232,123.50 88,162.18 143,961.32 02/01/2017 160,000.00 2.000% 52,770.00 212,770.00 223,408.50 85,739.96 137,668.54 02/01/2018 165,000.00 2.000% 49,570.00 214,570.00 225,298.50 83,317.74 141,980.76 02/01/2019 165,000.00 2.000% 46,270.00 211,270.00 221,833.50 80,895.51 140,937.99 02/01/2020 165,000.00 2.000% 42,970.00 207,970.00 218,368.50 78,473.29 139,895.21 02/01/2021 165,000.00 3.000% 39,670.00 204,670.00 214,903.50 76,051.07 138,852.43 02/01/2022 165,000.00 3.000% 34,720.00 199,720.00 209,706.00 73,628.85 136,077.15 02/01/2023 170,000.00 3.000% 29,770.00 199,770.00 209,758.50 71,206.63 138,551.87 02/01/2024 170,000.00 3.000% 24,670.00 194,670.00 204,403.50 68,784.41 135,619.09 02101/2025 110,000.00 3.000% 19,570.00 129,570.00 136,048.50 - 136,048.50 02/01/2026 115,000.00 3.200% 16,270.00 131,270.00 137,833.50 137,833.50 02/01/2027 120,000.00 3.200% 12,590.00 132,590.00 139,219.50 139,219.50 02/01/2028 125,000.00 3.500% 8,750.00 133,750.00 140,437.50 140,437.50 02/01/2029 125,000.00 3.500% 4,375.00 129,375.00 135,843.75 135,843.75 Total $2,230,000.00 - $520,920.62 $2,750,920.62 $2,888,466.65 $796,844.04 $2,091,622.61 Significant Dates Dated 9/05/2013 First Coupon Date 8/01/2014 Yield Statistics Bond Year Dollars Average Life Average Coupon Net Interest Cost (NIC) True Interest Cost (TIC) Bond Yield for Arbitrage Purposes All Inclusive Cost (AIC) Series 2013A GO Imp Bonds I Issue Summary 1 8/13/2013 1 12:05 PM EHLERS LEADERS IN PUBLIC FINANCE $17,814.39 7.989 Years 2.9241566% 2.7010880% 2.6443184% 2.5657522% 2.8752226% Hutchinson, Minnesota $663,622 General Obligation Improvement Bonds, Series 2013A Assessments Equal Principal - 1 % over TIC Assessments Date Principal Coupon Interest Total P +I 12/31/2014 66362.20 3.650% 24,222.20 90.584.40 12/31 /2015 66.362.20 3.650% 21.799.98 88.162.18 12/31 /2016 66.362.20 3.650% 19.377.76 85.739.96 12/31/2017 66.362.20 3.650% 16.955.54 83.317.74 12/31/2018 66362.19 3.650% 14.533.32 80.895.51 12/31/2019 66362.19 3.650% 12.1 1 1.10 78.473.29 12/31/2020 66,362.19 3.650% 9.688.88 76,051.07 12/31/2021 66.362.19 3.650% 7.266.66 73.628.85 12/31/2022 66.362.19 3.650 %r 4.844.44 71.206.63 12/31/2023 66362.19 3.650% 2.422.22 68.784.41 Total $663,621.94 $133,222.10 $796.844.04 Significant Dates Filing Date First Payment Date Series 2013A GO Imp Bonds I SINGLE PURPOSE 1 8/13/2013 1 12:07 PM E H LE_RS_ LEADERS IN PUBLIC FINANCE 1/01/2014 12/31/2014 Hutchinson, Minnesota $2,230,000 General Obligation Improvement Bonds, Series 2013A Issue Summary Detail Costs Of Issuance Dated 09/05/2013 1 Delivered 09/05/2013 COSTS OF ISSUANCE DETAIL Financial Advisor Bond Counse (Dorsey & Whitney) Rating Agency Fee (S &P) Paying Agent (Bond Trust Services) McLeod County Auditor TOTAL Series 2013A GO Imp Bonds I Issue Summary 1 8/1312013 1 12:05 PM EHL_ERS LEADERS IN PUBLIC FINANCE $19,350.00 $7.500.00 $8,500.00 $725.00 $200.00 $36,275.00 Hutchinson Public Library Board Minutes Monday, June 24, 2013 Present: Roger Vacek, Mary Christensen, Julie Lofdahl, , Steve Bailey, Stacey Nass and Pam Dille, Ex- Officio. Absent: Dianne Wanzek, Jon Ross Guest: Sherry Lund Introductions were done as it was Pam Dille's first meeting with the board. Sherry Lund presented information on the children's summer reading program. The theme this year is "Dig Into Reading ". The program is aimed at children ages 2 -14. As of this meeting approximately 380 children have signed up for the program. Sherry estimated that participation is down approximately 50- 100 children this year possibly due to her absence during the sign up period and the head librarian transition. Sign up will continue through the end of the month. Sherry encourages the children to read a minimum of 20 minutes 5 days per week to help keep their reading skill from slipping over the summer. Sherry also discussed the Stories in the Park summer program. Story time is at 10:00 am on Thursday's throughout the summer. Story time includes volunteer readers, puppets, and live animals. This is presented as a partnership with the local 4H. Finally, Sherry discussed the READ program (Reading Education Assistance Dogs). This program will run for 6 weeks starting in July. With this program children read to dogs. Dogs used in this program must be READ certified. Roger Vacek called the meeting to order. The minutes from the May meeting were reviewed. Mary Christensen motioned to approve the minutes and Julie Lofdahl seconded the motion. Motion passed. Roger Vacek presented a report on the PLS Board meeting of June 20, 2013. See Roger's handout and notes regarding this meeting. Old Business: 1. Mary Henke's Retirement Party— Mary's party was well attended. Many people from the community came by to wish her well. Roger read a thank you note the Mary had sent to the advisory board. 2. McLeod County Legacy Program Recap — Pam Dille presented information on the current status of the Legacy program. She is currently working with Jackee Fountain the Glencoe librarian, and Lori Pickell - Stengel from the McLeod County Historical Society, to become more familiar with some of the Legacy programs that are currently in the works. McLeod County currently has $7808 for 2013 available between the four libraries for legacy programming. The current plan is to go ahead with sponsoring the Historical Society and HCVN project to create videos of the three "Bringing Books to Life" trunk 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 Legacy program will have an addition $8000 more on July 1" which is the beginning of the fiscal year. This money is divided between the 4 libraries. Pam also discussed the tentative plans for a bus trip to Fort Snelling which would happen in early September. This would be paid for with Legacy funds as well. The estimated cost is approximately $1200 with no charge to participants. Another suggestion made for library programming was to invite Julie Jensen, author of the soon to be released book "History of Hutchinson ", to speak at the library. For more information see Pam Dille's notes "McLeod County Legacy Update 06 —24- 2013" Other Legacy programming ideas and information can be viewed at: http : / /www.mnhs.org /historyplavers and http:// www .plumcreeklibrary.org /pls.htm Next Meeting date is Monday, July 22nd at 4:30 Roger Vacek adjourned the meeting at 5:30. Notes submitted by Stacey Nass 06/25//13. Q•.p ° dD, Q 1 It's County Fair Time To: The Resident's of the Hutchinson Fire District, City Councils, Township Boards, and Visitors to the City of Hutchinson web -site From: Brad Emans, Fire Chief Date: 08/01/2013 This is the official monthly report on the various activities of the Hutchinson Fire Department for July 2013. Fire Department Response: The Fire Department responded to 26 emergency calls for service in the month of July. "Fire Officer Only" Response: A "fire officer only" responded to 7 calls in July saving the Hutchinson Fire District the cost of a "general" alarm estimated at $1,274.00 for the month. Response Time: First Truck "Out of the Door ": July — 3 minutes 46 seconds. Example of a Few of the Calls your FD responded to: Firefighters responded to a lightning strike at an apartment building in the northwest part of the city. Firefighters searched the building with the Thermal Imaging Cameras (TIC) to determine if a smoldering fire existed anywhere in the building. The strike did however cause some electrical issues including the disabling of the fire alarm system; A Fire Officer responded to a commercial natural gas line strike when a contractor did not "hand dig" near the marked line. Hutchinson Utility Commission (HUC) employees stopped the leak and repaired the line; A Fire Officer responded to investigate an already extinguished car fire located in a residential area in the southwest part of the city. The vehicle owner noticed a fire burning inside the vehicle and dumped water on it, the FD Officer used the TIC to make sure the fire was out and then proceeded to investigate a possible cause. Preliminary determination was a faulty "simulated cigarette" plugged into a recharging outlet; Firefighters responded to a call of a "possible" drowning in a lake in the northeast part of our fire district. Unfortunately the body of the suspected drowning victim was recovered approximately eight hours later. HFD is not a recovery team so the McLeod County Sheriff's Office called in dive teams from other counties; Firefighters responded to a possible manufactured home fire in the northwest part of the city when the resident accidentally dropped a cigarette in a cardboard box stored under the outside steps. The fire damaged the steps, vinyl skirting, vinyl siding, screen on the sliding glass door, and the vinyl around the sliding glass door. The interior also had minor smoke damage; Firefighters responded to a two vehicle crash at a very busy intersection in the city. Firefighters had to extricate two victims. Type of the Calls for the Month: City Type of Call Number Residential 3 Commercial /Industrial 2 Multi-Family 3 School 0 Grass 0 Medical 2 CO 1 Rescue 2 Haz -Mat Leak/Spill 3 Vehicle 2 Sky -Warn 0 Mutual Aid 0 Total 18 Structure Fires 1 Arson 0 • Page 2 Rural Type of Call Number Residential 0 Commercial / Industrial 0 School 0 Farm Building 0 Grass 0 Medical 5 CO 0 Rescue 3 Haz -Mat Leak/Spill 0 Vehicle 0 Mutual Aid 0 Total 8 Structure Fires 0 Arson 0 Training: Firefighters Trained on the Following Topics /Equipment: • Firefighters completed the monthly truck and equipment condition check in a effort to be constantly in a ready response mode; • Firefighter trained hands -on "water rescue" techniques in the Crow River. Firefighters capsized a boat containing two victims, the rescue team then entered the water, collared and back - boarded the victims and brought them to shore in the FD rescue boat; • Firefighters completed the annual NFPA required testing of all of the fire hose. The hose is removed from the truck, pressurized with water to 300 psi, drained and packed back on the truck. Each fire truck carries a minimum of 1200 feet of hose; • Firefighters participated in their quarterly "team building" exercise by completing in a summer sport. It is my feeling that sports teaches a person teamwork, discipline, and goals. Fire Prevention / Public Relations / Other Information: • The FD will soon be sending out their annual fundraising event information. Watch for the information in your mailbox; • The FD completed a second round of hiring for paid -on -call firefighters this year in an effort to hire a few more firefighters than we actually need at this time due to • Page 3 the fact that it takes over one year to complete all of the required classes and testing to become a certified, licensed firefighter in Hutchinson. Measurements: 1. Number of calls that required more than one engine, four firefighters and one IC in July: 9 2. Number of Calls that required investigation in July: 3 3. Estimated dollars "saved" in property (building and contents) by the fire department response for the month of July: $135,000 4. Estimated dollars "lost" in property (building and contents) to fire in July: $10,000 • Page 4 Weed Notices Monthly Report July 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 19 Number of properties cleared by City order 3 Number of properties pending compliance at month's end 5 Properties that were ordered to be cleared by the City House Street Quadrant Property Owner City PID Sam Ulland P O Box 907 430 Water St NW Winsted, MN 55395 31- 117 -29 -12 -0270 Sam Ulland P O Box 907 465 Water St NW Winsted, MN 55295 31- 117 -29 -12 -0360 Sam Ulland P O Box 907 455 Water St Nw Winsted, MN 55295 31- 117 -29 -12 -0370 Maria Elena Rojas De Barragan 304 11th Ave 791 California St NW Worthington, MN 56187 36- 117 -30 -06 -0310 Mabel & Robert Baseman 1140 13th Ave NW 234 Jefferson St SE Hutchinson, MN 55350 06- 116 -29 -03 -0980 Kermit E Stephens Jr 524 4th Ave SW 524 4th Ave SW Hutchinson, MN 55350 01- 116 -30 -08 -0530 Charles & Johanna Roberts 655 Hassan St SE 655 Hassan St SE Hutchinson, MN 55350 06- 116 -29 -11 -0550 Curtis B Amdahl 1095 Jefferson St SE #108 P O Box 601 705 Park Island Dr SW Hutchinson, MN 55350 02- 116 -30 -10 -0351 McLeod Co. Rail Authority Sheldon Nies, President 1118 Jefferson St SE 236 Huron St SE Hutchinson, MN 55350 06- 116 -29 -02 -0670 Mabel & Robert Baseman 1140 13th Ave NW 234 Jefferson St SE Hutchinson, MN 55350 06- 116 -29 -03 -0980 Dennis A Jacques 105 Adams St SE 105 Adams St SE Hutchinson, MN 55350 06- 116 -29 -02 -0250 Troy A & Trisha M Lenarz 835 Lakewood Dr SW 1388 Heritage Ave NW Hutchinson, MN 55350 25- 117 -30 -12 -0130 David Kahle 35 7th Ave SE 35 7th Ave SE Hutchinson, MN 55350 06- 116 -29 -11 -0740 Stix & Brix Inc 307 N Holcombe Ave 435 Adams St SE Litchfield, MN 55355 06- 116 -29 -07 -0590 Crown Properties of MN 1230 7th Ave NE 525 Golf Course Rd NW Hutchinson, MN 55350 36- 117 -30 -08 -0010 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 Vanessa K Schaffer 705 Milwaukee Ave SW 705 Milwaukee Ave SW Hutchinson, MN 55350 01- 116 -30 -10 -0290 Carlton Holdings I, LLC 11455 Viking Dr, Ste 300 1380 Montreal St SE Eden Prairie, MN 55344 07- 116 -29 -12 -0160 Carlton Holdings I, LLC 11455 Viking Dr, Ste 300 1315 Montreal St SE Eden Prairie, MN 55344 07- 116 -29 -12 -0160