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cp07-14-2015ro CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA Hutchinson City Center I I 1 Hassan Street SE Hutchinson, MN 55350-2522 Phone 320-587-5151. Fax 320-234-4240 NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, July 14, 2015 4:30 p.m. Council Chambers — Hutchinson City Center Notice is hereby given that the Hutchinson City Council has called a special workshop meeting for Tuesday, July 14, 2015, in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: • Review 2014 Audited Financial Report DATED: July 8, 2015 POSTED: City Center Matthew Jau , City Adm' ' trator HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, JULY 14, 2015 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER — 5:30 P.M. (a) Approve the Council agenda and any agenda additions and/or corrections 2. INVOCATION — St. Anastasia Catholic Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY Resolution No. 14439 — Resolution Accepting Donation Green Step Award Acknowledgement PUBLIC COMMENTS is is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of June 23, 2015 CONSENT AGENDA (The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Issuing Massage License to Rachel Wanous of Main Massage LLC located at 3 Main Street (b) Consideration for Approval of Issuing Transient Merchant License to Jay Malone for Tent Sale in Hutchinson Mall Parking Lot from August 17-22, 2015 (c) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Beekeepers Association on August 15, 2015, at Crow River Golf Club (d) Consideration for Approval of Issuing Short -Term Gambling License to Knights of Columbus 4797 St. John Council on August 16, 2015, at St. Anastasia Catholic Church (e) Consideration for Approval of Issuing McLeod County Agriculture Association a Short -Term 3.2 Malt Liquor License on Augustl9, 2015, and a Temporary Liquor License From August 20- 23, 2015, for the McLeod County Fair CITY COUNCIL AGENDA JULY 14, 2015 (f) Consideration for Approval of Resolution No. 14440 — Resolution Establishing Location for Traffic Control Devices (No Parking— Lynn Road; No Parking — Grove Street) (g) Consideration for Approval of Improvement Project Change Orders No. 1, 2 and 3 — Letting No. 3, Project No. 15-03 (2015 Pavement Management Program) (h) Claims, Appropriations and Contract Payments PUBLIC HEARINGS (6:00 P.M.) — NONE (The purpose of this portion of the agenda is to provide the Council with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities.) 8. HUTCHINSON CENTER FOR THE ARTS ANNUAL UPDATE UNFINISHED BUSINESS 9. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 15-0741 — AN ORDINANCE AMENDING CHAPTERS 90 & 92 RELATED TO PUBLIC RIGHT-OF-WAYS NEW BUSINESS 10. APPROVE/DENY THE 2014 AUDITED FINANCIAL REPORT 11. APPROVE/DENY ACCEPTING FEDERAL AVIATION ADMINISTRATION AND MNDOT AERONAUTICS GRANT OFFERS FOR CITY AIRPORT PAVEMENT IMPROVEMENTS 12. APPROVE/DENY CITY ADMINISTRATOR EMPLOYMENT AGREEMENT AMENDMENT 13. APPROVE/DENY SETTING BUDGET WORKSHOPS FOR JULY 28,2015; AUGUST 11, 2015; AND AUGUST 25, 2015, AT 4:00 P.M. GOVERNANCE e purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Liquor Hutch Report for January — June 2015 (b) Weed Notices Monthly Report for June 2015 MISCELLANEOUS 15. STAFF UPDATES 16. COUNCIL/MAYOR UPDATES 17. CLOSED SESSION PURSUANT TO MINN. STAT. 13D.05 TO DISCUSS LITIGATION STRATEGY UNDER THE ATTORNEY-CLIENT PRIVILEGE AS IT RELATES TO HWY 7 2 CITY COUNCIL AGENDA JULY 14, 2015 EAST PROPERTY DETACHMENT PETITION OF SCOTT EXSTED, MINNESOTA OFFICE OF ADMINISTRATIVE HEARINGS FILE NO. D-522, HUTCHINSON/HUTCHINSON TOWNSHIP ADJOURNMENT CITY OF HUTCHINSON RESOLUTION NO. 14439 RESOLUTION ACCEPTING DONATIONS WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens, and is specifically authorized to accept gifts and bequests for the benefit of recreational services pursuant to Minnesota Statutes Section 471.17; and WHEREAS, the following person has offered to contribute the cash amount set forth below to the city: Name of Donor Amount Donation Date Dolores Brunner $50.00 7/2/2015 WHEREAS, such donation has been contributed to the Hutchinson Police department as a general donation. WHEREAS, the City Council finds that it is appropriate to accept the donation offered. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA, AS FOLLOWS: THAT, the donation described above is hereby accepted by the City of Hutchinson. Adopted by the City Council this 14th day of July 2015. ATTESTED: Matthew Jaunich City Administrator APPROVED: Gary T. Forcier Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, JUNE 23, 2015 CITY CENTER — COUNCIL CHAMBERS (The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Mary Christensen, John Lofdahl, Chad Czmowski and Bill Arndt. Others present were Matt Jaunich, City Administrator, Marc Sebora, City Attorney and Kent Exner, City Engineer (a) Approve the Council agenda and any agenda additions and/or corrections Matt Jaunich, City Administrator, noted that Resolution No. 14438 needs to be added to the agenda for consideration. This item will be added under Item 4. Motion by Lofdahl, second by Christense, to approve the agenda with the addition. Motion carried unanimously. 2. INVOCATION — Bethlehem United Methodist Church 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY PROCLAMATION — DAVE MOONEY BASEBALL WEEK — WEEK OF JUNE 28, 2015 PROCLAMATION - AVEYRON HOMES, INC. DAY — JULY 23, 2015 Resolution No. 14438 was considered. This Resolution formally accepts a donation from the Hutchinson Area Mountain Bike Association for $500.00. Chad Czmowski, past President of the Association, noted that a terrain park was built near Tartan Park and the Mountain Bike Association donated funds towards equipment built as part of the park. Motion by Christesen, second by Arndt, to approve Resolution No. 14438. Motion carried unanimously. Council Member Lofdahl thanked Emmett McCormick for sponsoring a movie down at Riverside Park on Father's Day. The movie was shown on a large screen provided by Crow River Center for the Arts. Council Member Arndt thanked the police department for all of their work during Water Carnival week. PUBLIC COMMENTS (]his is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance ofthe meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of June 9, 2015 Motion by Czmowski, second by Lofdahl, to approve minutes from June 9, 2015. Motion CITY COUNCIL MINUTES JUNE 23, 2015 carried unanimously. CONSENT AGENDA (The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city staff member requests an item to be removed. Traditionally items are not discussed.) 7. APPROVAL OF CONSENT AGENDA I (a) Resolution No. 14434 — Resolution to Sell at Auction Surplus Police Department Property (Squad car) (b) Resolution No. 14435 — Resolution Approving Conditional Use Permit to Allow the Operation and Screening of a Recyclable Materials Collection Center Within I-1 and I-2 Zoning Districts Located at 1065 5 Avenue SE, McLeod County, Applicant with Favorable Planning Commission Recommendation (c) Resolution No. 14436 - Resolution Adopting Revised Assessment — Assessment Roll No. SA - 5112 & SA -5112A (Letting No. 3, Project No. 15-03) (d) Consideration for Approval of Change Order No. 1 and Supplemental Agreement No. 1 — Letting No. 1, Project No. 15-01 (e) Resolution No. 14437 - Resolution Adopting the McLeod County All -Hazard Mitigation Plan (f) Consideration for Approval of Blessing of the Riders Special Event on July 19, 2015 (g) Consideration for Approval of Aveyron Homes, Inc. Special Event on July 23, 2015 (h) Consideration for Approval of Paint the Town Purple Event August 2 — 8, 2015 (i) Claims, Appropriations and Contract Payments — Register A Item 7(b) was pulled for separate discussion. Motion by Czmowski, second by Arndt, to approve Consent Agenda I with the exception of Item 7(b). Motion carried unanimously. Council Member Christensen asked that Dan Jochum, Planning Director, update the Council on the project and what type of fence is plan on being used in the project. Mr. Jochum noted that the Planning Commission approved a condition that the screening would not allow for debris to blow around nor to be seen. An eight -foot fence was approved by the Planning Commission as long as adequate screening is included. A wood -type fence is being considered by the applicant with the purpose to screen the materials. Another condition of this conditional use permit is an annual review of the area by city staff. The applicant has 10 weeks to construct the fence. Council Member Lofdahl asked if fencing would extend from the northwest corner further south to screen some cardboard collection dumpsters. Mr. Jochum noted that the applicant believes that this area is rather secluded and that fencing most likely is not necessary. Council Member Lofdahl noted that he would like the fence extended twenty feet 2 CITY COUNCIL MINUTES JUNE 23, 2015 to the south from the northwest corner to better screen the cardboard collection dumpster area. Mr. Jochum recommended that the fence be extended as far south as the applicant intends to have outside storage in that area. Motion by Lofdahl, second by Christensen, to extend the fence south from the northwest corner where it meets the 3DCNC building. Motion carried unanimously. Motion by Arndt, second by Lofdahl, to approve Resolution No. 14435 with the additional condition. Motion carried unanimously. APPROVAL OF CONSENT AGENDA II (a) Claims, Appropriations and Contract Payments — Register B Council Member Lofdahl asked if it was necessary to have a separate claim on the Register because of an invoice to Mayor Forcier's brother. Mayor Forcier noted that he prefers all payments related to him on separate registers in order to avoid any perception of a conflict of interest. Motion by Lofdahl, second by Christensen, with Forcier abstaining, to approve Consent Agenda II. Motion carried unanimously. PUBLIC HEARINGS (6:00 P.M.) 9. CONSIDERATION FOR APPROVAL OF ISSUING ON -SALE INTOXICATING AND SUNDAY LIQUOR LICENSE AND TOBACCO LICENSE TO LANDY LODGE BAR & GRILL, INC. Motion by Arndt, second by Lofdahl, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Lofdahl, to approve issuing on -sale intoxicating and Sunday liquor license and tobacco license to Landy Lodge Bar & Grill Inc. Motion carried unanimously. 10. CONSIDERATION OF COMMENTS AND INPUT ON THE STORM WATER POLLUTION PREVENTION PLAN FOR THE CITY OF HUTCHINSON John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained that each year an annual update is given to the Council as part of the requirements of the City's permitting for the Storm Water Pollution Prevention Plan. Mr. Paulson spoke of new NPDES permit activities completed in 2014. Mr. Paulson also spoke of pieces of the program which include public education and outreach, illicit discharge detection and elimination, construction site stormwater runoff control issues, pollution prevention/good housekeeping and information sourcing. Council Member Lofdahl asked if the City's street sweeper could be hired by local contractors for construction sites. John Olson, Public Works Manager, noted that the City typically refers these types of requests to private contractors that provide this service. However, the City will hire this service out in certain circumstances. Mr. Paulson also spoke of the City's annual report that will need Council's approval. Motion by Lofdahl, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Lofdahl, second by Christensen, to approve submittal of City's annual report for NPDES permit. Motion carried unanimously. CITY COUNCIL MINUTES JUNE 23, 2015 purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. Includes like monthly or annual reports and communications from other entities.) 11. FACILITY COMMITTEE PROJECT UPDATE Dan Jochum, Planning Director, presented before the Council. Mr. Jochum provided an update on behalf of the City Facility Committee. Mr. Jochum provided an update of recommended facilities improvement projects for 2015. These projects include backstops fencing at Roberts Park, Northwoods rink improvements, Rec Center emergency exit doors, Event Center entry roof, VMF backstop, VMF dugouts, park garage parking lot, Civic Arena East tough flex flooring and Rec Center air handler. These projects total $471,400. Mr. Jochum also reviewed projects scheduled for 2016 and beyond. Of note, the projects scheduled in 2016 total over $1 million and all projects relate to the civic arena. Mr. Jochum spoke of the work the Facilities Committee accomplishes. Mr. Jochum mentioned that these projects are included in the capital improvement plan. UNFINISHED BUSINESS NEW BUSINESS 12. FIRST READING AND REVIEW OF PROPOSED CITY ORDINANCE NO. 15-0741 - AN ORDINANCE AMENDING CHAPTERS 90 & 92 RELATED TO PUBLIC RIGHT-OF-WAYS Kent Exner, City Engineer, presented before the Council. Mr. Exner noted that over the years, the City has become aware of beautifications and landscapings in resident's yards that encroach onto City right-of-way. John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that staff completed a cursory inventory of properties that have private property within rights-of-way and 140 properties were found to have some kind of private property within rights-of-way. In most cases, the property consisted of landscaping/landscaping features. These features typically do not pose a significant issue related to utilization of rights-of-way. However, because this has become an increasing trend, staff feels it prudent to provide for management of rights-of-way and is proposing amendments to Chapter 90 of the City Code to protect rights-of-way into the future. Mr. Olson reviewed the language that is being proposed to be added to Chapter 90 under "Uses of rights-of- way", "Maintenance of rights-of-way" and "Other uses of rights-of-way". Mr. Olson also explained that staff has reviewed Chapter 92 of the City Code for potential improvements. Upon review, staff is recommending that the trigger for notification for height of weeds, grass and plants be amended from 12" to 8". In addition, clarifications are proposed regarding the process by which property owners are notified and the time frame for property owners to respond to notices. Motion by Lofdahl, second by Christensen, to approve first reading of Ordinance No. 15-0741. Motion carried unanimously. GOVERNANCE (The purpose o t is portion of the agenda is to deal with organizational development issues, including policies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS .19 CITY COUNCIL MINUTES JUNE 23, 2015 (a) Resource Allocation Committee Meeting Minutes from May 5 and June 2, 2015 (b) Weed Notices Monthly Report for May 2015 (c) City of Hutchinson Financial Report and Investment Report for May 2015 (d) City of Hutchinson Local Option Sales Tax Revenue Update (e) Hutchinson Housing & Redevelopment Authority Board Minutes from May 19, 2015 (f) Library Board Minutes from April 27, 2015 (g) Planning Commission Minutes from April 21, May 19, and June 16, 2015 MISCELLANEOUS 14. STAFF UPDATES Matt Jaunich, City Administrator, noted that two RFPs were received for refuse hauling services. Mr. Jaunich is currently reviewing the proposals and a recommendation will be before the Council in the next month or so. Mr. Jaunich also reminded the Council of workshop scheduled for July 14, 2015, at 4:30 p.m. to review the 7014 financial report. Mr. Jaunich reported that department budgets were turned in to him June 22" and he will be reviewing them. Lastly, Mr. Jaunich mentioned that there is a page on the City's web site dedicated to frequently asked question and information regarding the aquatic center project. Marc Sebora, City Attorney, noted that earlier in the meeting the question arose as to whether or not it was necessary for Mayor Forcier to abstain from voting on a payment being made to his brother's buisiness, which he feels may be a conflict for him to vote on. Mr. Sebora noted that it all begins with the individual and their comfort level on whether or not they should be voting on a matter to avoid the perception that they have a benefit when voting on a matter. Kent Exner, City Engineer, Cented on the completion of Phase 1 of 2nd Avenue SE and the ongoing Phase 2 project of 2 Avenue SE. Golf Course Road/Shady Ridge Road are scheduled to begin July 27, 2015. Automatic meter reading transmitter installations are about 40% complete and should be 100% installed by the end of July. Site work for the solar project plans to begin the end of July. Luce Line Trail project should begin in August. MnDOT received bids for the Hwy 15/Main Street prof ect. September 21— October 2 is the intended project timeline. In addition, a Guide to Trails and Parks has been completed and is ready for distribution. Mr. Exner spoke about sealcoating South Grade Road. 15. COUNCIL/MAYOR UPDATES ADJOURNMENT Motion by Arndt, second by Lofdahl, to adjourn at 7:05 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Massage License - Rachel Wanous Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Rachel Wanous of Main Massage LLC has submitted a massage license application into administration for review and processing. The application is for Ms. Wanous to provide massage services at a business located at 3 Main Street. A background check was completed of Ms. Wanous and the police department does not object to the issuing of the license. The applicant has completed the appropriate application in full and all pertinent information has been received. BOARD ACTION REQUESTED: Approve issuing massage license to Rachel Wanous of Main Massage LLC to provide massage services at 3 Main Street. 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: Ctty of 11 l Hassan Street Southeast Hutchinson, Mt3 55350 (320)587-5151 Fax: (320) 234-4240 Business Information City of Hutchinson Application for Massage Service License (Under Ordinance No. 119) SS License twee: $175 Operating Year: .� -, � cm,�-- ', � S—,,:) Phone Number a)I V1 /&JAI _Sr5.�50 Business Address City State zip Zoning District `verb the proposed use is allowed in this zoning district Information (if Corporate Name Address PhoneiNumher SlateA)A- _ �A Owners)/Corporate Officer(s) (list names and addresses of all persons have a beneficial interest in the busin a ss/cornoration l Name: �` t C!y ti ZLC A&Tress City State zip Name: Lessee Name: At1dress City Ory list additional owner(s)lcorporate ofcer(s) on a separate sheet of paper ,1 1 :`J i cddress City Slate tip I Operators (list all individuals involved in giving massage services) Name: Address City State zip Name: A) !� T A� } Address I City Slate Zip *If necessary, Its$ additional operators on a separate sheet ofpaper City of Hutchinson Application for Massage Service Page 2 of 5 Describe Nature of Massa a Business and Massage Services Offered —ger - la 2 .W Chi I�Amec&cn - and 10 c ICA \ Insurance Coverage Information (attach puhlic liability insurance policy or certificate of insurance as- required it! Section 119.07 o Hutchinson (]iI Crxle) A I{ ft kaW &&ywot i ranee Company .4 rst 's Name jC V\ f '1rc� dtn n`� 1- A&hess Softt)w City State Zip Phone Number Fax Number Background Statement Have you or any operators been convicted of any crime, misdemeanor, or violation of any municipal ordinance, other ! than traffic violations? ❑ YES. NO If yes, state nature of offense and punishment or penalty therefore: Manager Information (Section 119.06 of Hutchinson City Code requires that the manager of the establishment be "a natural person who is a resident of the City". Please complete the following confirming compliance with this ordinance) Manager 12) Phone Number qt Cc= Eaj 0 -i !h t J() SQ) 5350 Manager A&b-ess City State zip Checklist (all items must be checked "yes" in order for the application to beprocessed) _ The following items need to be completed and/or attached in order for the application to be processed: Copy of insurance that meets or exceeds limits established in the ordinance: Ayes © no Application fee paid in full (check or money order): 0 yes ❑ no Application completed in full and signed: U1 yes ❑ no City of Hulchinson Applicalion for Massage Service Page 3 of S I hereby certify that I have completely filled out the entire above application, together and that the application is true, correct, and accurate. I fully understand that any person who violates any provision of Chapter 119 of the Hutchinson City Code pertaining to Massage Services is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1000.00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. a2 k -i Date CA.Lm e i , AMT Tille NOTE; No application will be forwarded to the City Council unless received one week prior to the regular C:ouneil meeting, fulled out in completion, and fee payment is attached Internal Use Only Zoning/ Building: ❑approved Fire ❑ approved ❑denied Notes: ❑ denied Notes: Police © approved U denied Dotes: City Council ❑ approved LJ denied Notes: H:LicenxeslAppGcaliona�Massage.doc City of Hutchinson Application for A4assage Service Page 5 of S MASSAGE ESTABLISIIMEYT Ordinance 119.06 requires that the manager of the establishment be "a natural person who is a resident of the City". Please complete and sign the following confirming the above. I Establishment information I Name Phone Number Awn knscqo MAI Establishment Address City State Zip orate Information ow ame Phone Number q:30 i oi7Y}•G,�C �-i...C`_L� x) (.i.) 'ti �i 11 i' il�1 -,6 Owner/Corporate Address City State Zip Information. Manager Name SA XW Manager Address San -1596 Phone Number � 55, 5 5,C City State Zip I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. of owner or authorized of establishment Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Transient Merchant License - Jay Malone Motors Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Jay Malone of Jay Malone Motors has submitted a transient merchant license application to hold a car tent sale in the Hutchinson Mall parking lot from August 17-22, 2015. Mr. Malone has conducted the same type of sale in the same location since 2007. The Hutchinson Police Department conducted the required background investigation on Mr. Malone and found no criminal history on him. In addition, there were no documented complaints regarding Mr. Malone's sale since 2007. BOARD ACTION REQUESTED: Approve issuing transient merchant license to Jay Malone in Hutchinson Mall parking lot from August 17-22, 2015. 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: CI;5 g� 74 8 '-515111-1r, i 3 2 (i 2 i -I i4;) City Of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, j�Nt)'I'IZANSIEN'I'Nlr�.t� CHAN'I'S (MI o I j c i 17 '­. m S 125.00 I)me ol'Application L; C , effl [:IchaillS125-00 of Lvew: Peddler jPll-Lide 12S.00 lleddk�r S30.00 X 2" Picture Roolired Name: ti F:Y1 00101-1 Drivur"; License Nur.11bt:1- Slaw: Permanent Addrcss: 11cm7anent le[ephollc! 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HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - Crow River Beekeepers Association Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Crow River Beekeepers Association has submitted a short-term gambling license application into administration for review and processing. The application is for an event the association is holding on August 15, 2015. 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 Beekeepers Association on August 15, 2015. 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: Crtr� p f 111 Hassan Street Southeast Hutchinson, MN 55350 (320) 587-5151 Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A22lication T e Short Term Date(s) _ ���15 Fee: $30.00 MonrhlDay Tear - MonthlDaylYear flr anization Information c ry rJ� F r, Name Phone Number 7 J Address where regular meeting are held City State Zip Federal or State ID: Day and time of meetings? 49 i h Ila 0141A '% Is this organization organized under the laws of the State of Minnes W I] yes ❑ no How long has the organization been in existence? How may members in the organization? What is the purpose of the organization? In whose custody will organization records be kept? Name Phone Number 6,171 IV Address ai State Zi y 11 Duly Authorized Officer of the Organization Information True Name Phone Number � 2 C' Residence Address City State Zip Date of Birth: /i J f'3" 1 Place of Birth: r r� �r� v.�J ,Xz Month/daylajear City State Have you ever been convicted of any crime other than a tratfic offense? ❑ yes c'W no If yes, explain: C io, of Hutchinson :IplAcanon jnr Gambling Devices License Yuke 2 r f 3 Designated Gambling Mana er (Qualified under Minnesota Statute 329 e� v True Name Phone Number llvV Residence Address City �— State Zip Date of Birth: /41 / �) S— / /Y 1( 4 Place of Birth: J I � ifs Monlhldaylyear city Stale Have you ever been convicted of any crime other than a traffic offense? ❑ yes J;rno If yes, explain: How long have you been a member of the organization'? Game Information Location 41 C' a AJ Oet drk, Name of location where gaFde will be played Phone Number Address of locafion where game will be played City State Zip Date(s) and/or day(s) gambl ing devices will be used: /s J ! through AM AM I lours of the day gambling devices will be used: From -G, To �." �� Maximum number of player: z a `) Will prizes be paid in money or merchandise? ❑ money 'merchandise Will refreshments be served during the time the gambling devices will be used? ;ryes. ❑ no If yes, will a charge be made for such refreshments? Zf es © no Game Information Location 42 Name of location where game will be played Ph umber Address of location where gameWX laved City Stale Zip Date(s) and/or day(s) gambling devices will be used: through _ AM AM Hours of the day gambling devices will be use rom Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise WIII refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? 0 yes ❑ no On- g0tutc•hinson :lpplicauon•for Garnhling Devices Licence Page 3 of 3 Officers of the Organization (i necessa , list additional names on se arcate sheet Name Title f / Residence Address city State Zip Name Title Residence Address city, State zip Name Title Residence Address city State zip Officers or Other Persons Paid for Services Information (if necessary, list additional names on se orate sheet) Name Title Residence Address City State zip Name Title Residence Address City State Zip Name Title Residence Address city State Zi Have you ([rambling 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 . lJyes ❑ no w /Ir- Authorized Officer Oyes ❑ no Initial Initial 1 declare that the information I have provided on this application is truthful, and 1 authorize the City of Hutchinson to investigate the information submitted. Also, i have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and 1 will familiarize myself with the contents thereof. Siknaltrre ofaulhorLed officer (?forganiiation Signature ofgambling manager of organization Internal Use On City Council ❑ approved 0 denied Notes: r Date Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short-Term Gambling License - Knights of Columbus Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The Knights of Columbus 4797 St. John Council has submitted a short-term gambling license application into administration for review and processing. The application is for an event the association is holding on August 16, 2015. 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 Knights of Columbus 4797 St. John Council on August 16, 2015. 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: L rty of 5W-17 -WX' 1 1 1 Hassan Street Southeast Hutchinson, MAI 55350 (320) 587-51511Fax: (320) 234-4240 City of Hutchinson APPLICATION FOR GAMBLING DEVICES LICENSE In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349 All applications must be received at least 30 days before event in order to be considered A lliication 't" e ip Short 1'erm Datc(s) 08116, 2015 _ 08/16/2015 Fee: $30.00 MonthlD /Year — MonthlDa /Year Organization Information Knights of Columbus 4797 St John Council 320-583-5092 Name Phone Number 460 Lake Street SW Hutchinson MN 55350 Address where regular meeting are held City state Zip Day and time of meetings? 1 st Wed of Month, 7:30pm Is this organization organized under the laws of the State of Minnesota? 4 yes ❑ no How long has the organization been in existence? since 1959 How may members in the organization? 269 What is the purpose of the organization? Catholic Fratemal Service Organization In whose custody will organization records be kept? Jim Haasl 320-587-5535 Name Phone Number 535 Lakewood Dr Sw Hutchinson MN 55350 Address Cil y state zip Duly Authorized Officer of the Organization Information Joe Eltgroth 320-583-5092 N True Name Phone Number 310 Jefferson Court SE Hutchinson MN 55350 Residence Address ON State zip Date of Birth: 07 1 20 1 1966 Place of Birth: Sauk Centre MN Monih/daylyear City State Have you ever been convicted of any crime other than a traffic offense? 0 yes Ono If yes, explain: City of Hutchinson Appiicarfon for Bingo Gambling Devices License Page 2 of 3 Desi ated Gamblin ManagerfQuali ted under Minnesota Statute 329 True Name Phone Number ��t73 U\��r Ll~ Lf- Residence Address City State Zip Date of Birth: I L 1 _1 �} Place of Birth: ,1 D 13 1'1 I -., Month/daylyear City State Have you ever been convicted of any crime other than a traffic offense? ❑ yes I(no If yes, explain. How long have you been a member of the organization? � eJ '1 E k,( I Game Information Location #1 St. Anastasia Catholic Chutch (320) 587-6507 Name of location where game will be played Phone Number 460 Lake Street Sw Hutchinson MN 55350 Address of location where game will be played City State zip Date(s) and/or day(s) gambling devices will be used: Aug• 16, 2015 through Aug. 16, 2015 AM Hours of the day gambling devices will be used: From 11 am AM PM To Spm PM Maximum number of player: 200 Will prizes be paid in money or merchandise? ❑ money 4merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes Ono If yes, will a charize be made for such refreshments? ❑ ves ❑ no I Game Information Location #2 Name of location where game will be played Address of location where game will be played Date(s) and/or day(s) gambling devices will be used: Phone Number City Stale through AM Hours of the day gambling devices will be used: From Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? If ves. will a charee be made for such refreshments? ❑ vec ❑ no To ❑ yes ❑ no Zip AM I Officers of the Orwinization (ifnecessarv. list additional names on seoarale sheet) I Joe Eltgroth Name 310 Jefferson Court Residence Address Jim Haasl Name 535 Lakewood Dr Sw Residence Address Grand Knight Title Hutchinson MN 55350 City State Zip Financial Secretary Hutchinson City Title MN 55350 State Zip City of Hutchinson Application fpr Bingo Gambling Devices License Page 3 of 3 Ronald J McGraw Name 325 Washington Ave W Residence Address Advocate Title Hutchinson MN 55350 Cay State zip Officers or Other Persons Paid for Services Information ffnecessary, list additional natnes on separate sheet Roy Tupa Deputy Grand Knight Name Title _ 8619 155th St Glencoe MN 55366 Residence Address _ City State zip Gerald Brown Treasurer Name Title 736 Brown St Sw Hutchinson MN 55350 Residence Address City State zip Jeff Lehn Recorder Name 965 Harrington St SW Hutchinson Residence Address City Title MN 55350 .state zin 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 yes ❑ no ` S Authorized Officer yes © no ` Ini 01 Initial 1 declare that the information I have provide n this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 114.20 relating to gambling and I will familiarize myself with the contents thereof. July 7, 2015 Signature ora thorized officer oforganization J Date JS �tfn 14ne of ga ling manager of organization hate City Council E3 approved ❑ denied Notes: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short Term 3.2%/Temp Liquor License - McLeod County Agriculture Association Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete Yes Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: The McLeod County Agriculture Association has submitted a short-term 3.2% malt liquor license and a temporary liquor license to dispense malt liquor and liquor at the McLeod County Fair from August 19 - 23, 2015. The McLeod County Agriculture Association is a non-profit organization that meets the requirements for both a short-term 3.2% malt liquor license and a temporary liquor license. Although the McLeod County Agriculture Association's preference would be to dispense intoxicating liquor for the entire five days of the fair, the maximum number of days allowed by state statute to dispense intoxicating liquor is four days, therefore the Association has applied to dispense 3.2% malt liquor for one day of the McLeod County Fair and intoxicating liquor for the remaining four days of the Fair. BOARD ACTION REQUESTED: Approve issuing a short-term 3.2% malt liquor license to McLeod County Agriculture Association on August 19, 2015, and a temporary liquor license from August 20-23, 2015. 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 I 1 1 Hassan Street Southeast Hutchinson, XM 55350 (320) 587-51511Fav (320) 2344240 Short Term 3.2 Malt Liquor Fee: .$42&.6A• -jq 66 City of Hutchinson APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE In provisions of the City of Hutchinson Municipal Code Chapter 112 All applications must be received at least la days before City Council Meeting in order to be considered lkant Information B Na►ne �A_dY�•��? Phone Number eh ,;�ht (to n stJ LP BusinesslOrganiaation Address City State Zip W L•t!!�00L LmA 1h +j P:A_ L � �Ipplicant Name 1"A"A jePhone Number 3f;v Applicant Address cwy State Ti LOfficer(s)/Ov►tr(s) of the Organization/Business (if necessary, list additional names on separate sheet) Title Name Title Name Title 3.2 Malt Liquor Sales Information u A. 161 _ , 130015 Loc ion of Sales A nil Date(s) of Sa1P� OqQ WA Address I Contact Person Checklist The following items need to be completed and/or attached in order for the application to be processed: Certificate of Liability (city premises): 0 yes ❑ no � Application fee paid in full (check or money order): des �❑ no <JK PQ ?lot l� in ful I and Zryes ❑ no M7, The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those certain premises in the City of Hutchinson described above and to that end represents and state as follows. That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non -intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein. City of Hutchinson Apphrarion for Short Term 3.2 Malt Liquor License - On -Sale Page 2 of 2 That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he/she is not now the holder of, nor has he/she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. ey&. &r1wkyl T�iir-hmpb . Signature of aulhorized applicant Police Chief Recommendation 11 ❑ approved ❑ denied Motes: ce Chief Signature Date OF Minnesota Department of Public Safety ALCOHOL AND GAMBLING ENFORCEMENT DIVISION 444 Cedar Street Suite 222, St. Paul MN 55101 t (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 I4 1"POL CO- 101 R- S 4+9 40 S i STREET ADDRESS CITY STATE ZIP CODE 1340 C.0 +V1 V 4,, 11VA4t:41 i i4Svr4 M h! 55351:�> NAMI� OF PERSON iIN APPLICATION BINE U��SS PHONE HattonOMEPHONE C/�.,L � � �8r-71 g DATES LIQUOR WILL BE SOLD-6y g �� /0 TYPE OF ORGANIZATION CLUB CHARIIABLF RFIIGIOUS 0T11LRN0NERQFlT :1 ORGANIZATION OFFICER'S NAME ADDRESS ,JCYI* �t..i�'I ftn i f! -74-?,> 64eh tot, 4►,.j ORGANIZATION OFFICER'S NAME 0 st-ot-r 1 ADDRESS �a o sow t ►> ORGANIZATION OFFICER'S NAME ADDRESS Loc tion license will be used. If an out oor aWa, describe rQ s �+d AV)! �n �►, >r M rmtvAFGr a j"44kds )c A^4t A A l l v Will t intoxicating e a�p icartt contract or liquorservice? If so, give the Wardle and address of the liquor licensee providing the service. �:•t Will the applicant car liquor liability insurance? If so. please provide the carrier's name and amount of coverage. APROVAL APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT CITY/COUNTY k+X j -jj DATE APPROVED CITY FEE AMOUNT I?�•7 lY LICENSE DATES DATE FEE PAID 9%D SIGNATURE CITY CLERK OR COUNTY OFFICIAL APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT NOTE: E: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address above. If the application is approved the Alcohol And Gambling Enforcement Division will return this application to be used as the License for the event PS -09079(05106) HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Traffic Control Resolution #14440 Department: PW/Eng LICENSE SECTION Meeting Date: 7/14/2015 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: Kent Exner Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Traffic Control Resolutions are reviewed by the City Engineer, Police Chief, and Public Works Manager. Parking restrictions: Location 1: Lynn Rd SW, west side - "No Parking, Here to Corner" - approximately 90 feet north of the intersection with 2nd Ave SW. Location 2: Grove St SW, west side - "No Parking, Midnight-6 a.m., Nov 1 to May 1" - between 2nd Ave SW and Washington Ave W. Staff recommends approving the attached Traffic Control Resolution. BOARD ACTION REQUESTED: Approval of Resolution Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: RESOLUTION NO. 14440 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be erected, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices shall be installed and enforced: 1. Lynn Rd SW, west side - "No Parking, Here to Corner" - approximately 90 feet north of the intersection with 2nd Ave SW. Grove St SW, west side — "No Parking, Midnight -6 a.m, Nov 1 to May 1" — between 2nd Ave SW and Washington Ave W. Adopted by the City Council this 14th day of July, 2015. Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator Lynn Rd SW Cr+y°f No Parking Here to Corner / Yellow Curb 94 56 HARMONY LN SVV'�' .-}�,`r•►.,`=► 1044 , '126 , U) --° N L I �= +'136 • T `. '135 ` � �_� 505 ;•a :. 503 +�.i.,,', - .� •k � � 5 ! z, 140' Z 2N AVE 7, hi • f �` N Print Date: June 22, 2015 N 1:1,076 �IBt 6 v� &LAV'� LOGIS Grove St SW�- L No Parking Midnight -6 am, Nov 1 to May 1 35_ r ' I 1Z. s 325. 315 -I== I '� 43Q � t` fi Jk- ON t I 430 531 "x'515. ¢ LINCOLN AVE SW 24. 34' 512. i- 52 53 515[. M 545'ONNA RMQNY LN SW 516 WASHINGTON AVE W r a k p t '33 124 1 12fi `t•o ` 525 7; � r r' i33� 13'6�`�1 +A Aw jW135M? Y y . Aj + • •r ; �i d � � ' � � 1 if � 5Q35 .' � '�, , 140th' r•� ! �.: '515 r-.: .• 2NDAVSW 4AA Print Date: June 22, 2015 h. N 1:2,102 A LOOS S HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approval of Project Change Orders Department: PW/Eng LICENSE SECTION Meeting Date: 7/14/2015 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 OF AGENDA 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 and/or Supplemental Agreements are proposed as noted: o Change Order No. 1 — Letting No. 1 /Project No. 15-03 — 2015 Pavement Management Program This Change Order addresses the deletion of SC-5.05, Owner's Liability Insurance, B. Owner's Protective Contingent Liability Insurance from Document 0800 Supplementary Conditions of Specifications for Letting No. 3/Project No. 15-03 . This revision results in no change to the current contract amount. o Change Order No. 2 — Letting No. 1 /Project No. 15-03 — 2015 Pavement Management Program This Change Order addresses the additional work of implementing two crosswalks across Golf Course Road NW, including pedestrian ramps at Heritage Avenue NW and adjacent to Oakwood Lane NW. These changes result in an increase of $5,555.60 to the current contract amount. o Change Order No. 3 — Letting No. 1/Project No. 15-03 — 2015 Pavement Management Program This Change Order addresses the additional work of reconstructing the blacktop area around the Parks garage building. These changes result in an increase of $95,363.40 to the current contract amount (to be funded with Facility Improvement funds). 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: $ 10,096.14 Total City Cost: $ 10,096.14 Funding Source: 2015 Construction Program Fund Remaining Cost: $ 0.00 Funding Source: L3P]5-03 06/02/2015 Page 1 of I STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City/County of City of Hutchinson Change Order No. 1 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. L31N 5-03 L3P15-03 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Wm Mueller & Sons Inc 2015 Pavement Management - Shady Ridge Rd NW & Golf Course Rd NW 831 Park P O Box 247 TOTAL CHANGE ORDER AMOUNT MN Hamburg MN 55339 $0.00 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 the deletion of SC -5.05, Owner's Liability Insurance, B. Owner's Protective Contingent LIab11ity Insurance" From Doc. 0800 Supplementary Con dltlons of the Specifications for Letting No. 31Project 15-03. This Change Order does not affect the Final Completion Date. This Change Order does not result in an increase to the Contract. :HANGE IN CONTRACT TIME [check one] lue 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: Wm Mueller & Sons Inc Signed Signed late: Phone: 5320) 234A212 Date: G �� -I 5 Phone: (952) 467-3894 original to Project Engineer; Cepy to Contractor Approved by Hutchinson City Council 07/14/2015. Signed Mayor, Gary Forcier Date: 07/14/2015 Signed City Administrator, Matt Jaunich Date: 07/14/2015 ❑rig. Contract Amt $1,438,541.85 Prev. Change Orders $ 0.00 Completion Date. 06/17/2016 L3P15-03 6/29/2015 Page i or 1 STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER CitylCounty of City of Hutchin$pn Change Order No. 2 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO, CONTRACT NO. lQuantity JArnount L3 P 15-03 L3P 15-03 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Wm Mueller & Sons Inc 831 Park Ave, Box 247 Hamburg, MN 5 553339 Shady Ridge Rd NW & Golf Course Rd NW TOTAL CHANGE ORDER AMOUNT $5,555.60 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 the additional work of 2 crosswalks, including the pedestrian ramps at Heritage Avenue NW and adjacent to Oakwood Lane NW, per the direction of the City Engineer. This additional work does not affect the Substantial Completion Date or the Final Completion Date Thls Change Order results in an increase to the Contract in the amount of $5,555.60. COST BREAKDOWN Item No. Item Unit jUnitPrice lQuantity JArnount Funding Category No. 001 2521.501 4" CONCRETE WALK SQ FT $3.35 350 $1,172.50 2521.501 6" CONCRETE WALK SO FT $8.90 150 $1,335.00 2531.618 TRUNCATED DOMES SQ FT $30,59 35 $1,070.85 2564.531 SIGN PANELS TYPE C SQ FT $42.50 22.5 $956.25 2564.537 INSTALL SIGN EA $75.00 1 $75.00 2104.523 SALVAGE SIGN EACH $75.00 1 $75,00 2582.503 CROSSWALK MARKING WHITE - EPDXY SQ FT $4.40 180 $792.00 3882.100 CONTRACTOR 10% ALLOWANCE (APPLIED TO ITEM 90 ONLY) LS $79.20 1 $79.20 Funding Category No. 001 Total: $5,555.60 Change Order No. 2 Total: $5,555.60 i ur I ry Uawyur y ra r ceyuucu rvr miaw al 1.n V1GLA5, CHANGE IN CONTRACT TIME [check one] Due to this change the Contract Time: a. [ ] Is Increased by Working Days b. j X ] Is Not Changed [ ] Is Decreased by Working Days [ ] Is Increased by Calendar Days c. [ J May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days Approved By P neer: Kent xner Approved By Co 4 Wm Mueller & Sons Inc Signed Signed Date: Phone: (320) 234-4212 Date: -7-)-15- Phone: (952) 467-2720 Approved by Hutchinson City Council 07/14/2015. Signed Mayor, Gary Forcier Date: 07/14/2015 Signed City Administrator, Matt Januich Date:07/14/2015 prig, Contract Amt $1,438,541.85 Change Orders: $5,555.60 Completion Date: 06/17/2016 L3P15-03 6/29/2015 Page 1 of I STATE AID FOR LOCAL TRANSPORTATION CHANGE ORDER City/County of City of Hutchinson Change Order No. 3 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. I Unit Pace I Quantity L3P15-03 L3P15-03 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK Wm Mueller & Sons Inc 831 Park Ave, P Box 247 Hamburg, MN 5533 39 Shady Ridge Rd NW & Golf Course Rd NW TOTAL CHANGE ORDER AMOUNT $95,363.40 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Thls Change Order addresses the additional work of reconstructing the blacktop area around the Parks Garage Building, per the direction of the City Engineer. This additional work does not affect the Substantial Completion Date or the Final Completion Date. This Change Order results in an increase of $95,363.40 to the Contract. COST BREAKDOWN Item No. I Item Unit I Unit Pace I Quantity Amount Funding Category No. 001 2104.501 REMOVE CURB AND GUTTER LIN FT $4.50 45 $202.50 2104.505 REMOVE BITUMINOUS PAVEMENT SO YD $3.55 2791 $9,908.05 2104.513 SAWING BITUMINOUS PAVEMENT (FULL DEPTH) LIN FT $2.50 60 $150.00 2105.541 SUBGRADE CORRECTION (CLASS 5 AGGREGATE BASE) (EV) CY $19.30 130 $2,509.00 2112.604 SUBGRADE 1 BASE PREPARATION SY $2.00 3831 $7,662.00 2211.503 AGGREGATE BASE CLASS 5 (CV) [P] CY $28.10 100 $2,810.00 2357.502 BITUMINOUS MATERIAL FOR TACK COAT GAL $3.80 230 $874.00 2360.503 TYPE SPWEA2403 WEARING COURSE MIXTURE (1.5") SY $7.95 3831 $30,456.45 2360.503 TYPE SPNWB230B NON -WEARING COURSE MIXTURE (2.0") SY $10.20 3831 $39,076.20 2531.501 CONCRETE CURB AND GUTTER DESIGN B618 LF $18.56 45 $835.20 2573.540 SEDIMENT CONTROL LOG TYPE WOOD FIBER LF $3.50 50 $175.00 2575.505 SODDING TYPE LAWN SQ YD $7,00 30 $210.00 2506-503 RECONSTRUCT DRAINAGE STRUCTURE EA $450.00 1 $450.00 3882.100 CONTRACTOR 10% ALLOWANCE (APPLIED TO ITEM 104 ONLY) LS $45.00 1 $45.00 Funding Category No. 001 Total: $95,363.40 Change Order No. 3 Total: $95,3fi3.40 ,HANGS IN CONTRACT TIME (r ,heC,k ne )ue 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 1pproved By P ' eer: Ken ner Approved By Contractor: Wm Mueller & Sons Inc Signed Signed ? Date: Phone: 320 234-4212 Date: I -e Phone: 952 467-2720 Approved by Hutchinson City Council 0711412015. Signed Signed Mayor, Gary Forcier Date: 0711412015 City Administrator, Matt Januich Date: 07/14/2015 Ong. Contract Amt $1,438,541.85 Change Orders: $100,919.00 Completion Date: 06/17/2016 CITY OF HUTCHINSON Council Check Register -A Check Issue Dates: 6/24/2015 - 7/14/2015 7/8/2015 Check Number Check Date Amount Vendor Account Description 186483 6/24/2015 14,688.20 BAYER TRUCK & EQUIPMENT Machinery & Equipment 186488 7/14/2015 384.41 2286066 ONTARIO INC O/A REXER Repair & Maintenance Supplies 186489 7/14/2015 12,350.00 ABDO EICK & MEYERS Auditing Services 186490 7/14/2015 750.00 ABSOLUTE LOGISTICS LLC Freight - Bagged 186491 7/14/2015 1,004.79 ACE HARDWARE Equipment Parts 186492 7/14/2015 368.50 AHLGREN ELECTRIC Contractual R&M 186493 7/14/2015 31.36 AIM ELECTRONICS INC Repair & Maintenance Supplies 186494 7/14/2015 53.44 ALPHA WIRELESS Phone Services 186495 7/14/2015 359.84 AMERICAN BOTTLING CO Cost of Sales - Miscellaneous 186496 7/14/2015 253.00 AMERICAN RED CROSS Operating Supplies 186497 7/14/2015 162.66 AMERIPRIDE SERVICES Contractual R&M 186498 7/14/2015 1,354.05 ARCTIC GLACIER USA INC. Cost of Sales - Miscellaneous 186499 7/14/2015 329.50 ARNESON DISTRIBUTING CO Cost of Sales - Beer 186500 7/14/2015 27.70 ARNOLD'S OF GLENCOE INC Automotive R&M 186501 7/14/2015 7,323.75 ARTHUR J GALLAGHER RISK General Liability Insur 186502 7/14/2015 813.50 ARTISAN BEER COMPANY Cost of Sales - Beer 186503 7/14/2015 1,960.45 ASSURANT EMPLOYEE BENEFITS Life Insurance 186504 7/14/2015 176.98 AUTO VALUE - GLENCOE Equipment Parts 186505 7/14/2015 2,000.00 AUTOMATIC SYSTEMS CO Other Professional Services 186506 7/14/2015 113.76 B & C PLUMBING & HEATING INC Contractual R&M 186507 7/14/2015 7,870.00 B & L UTILITY MAINTENANCE Contractual R&M 186508 7/14/2015 650.00 B.W. WELDING Contractual R&M 186509 7/14/2015 5,240.00 BARGEN INC Contractual R&M 186510 7/14/2015 17,924.34 BEACON BANK TIF Repayment 186511 7/14/2015 2,332.68 BELLBOY CORP Cost of Sales - Miscellaneous 186512 7/14/2015 479.64 BERNICK'S Cost of Sales - Miscellaneous 186513 7/14/2015 5,100.00 BFG SUPPLY CO Inventory- Process Material 186514 7/14/2015 21,886.80 BOLTON & MENK INC. Other Professional Services 186515 7/14/2015 2,250.00 BOND TRUST SERVICES CORPORATION Fiscal Agents' Fees 186516 7/14/2015 758.20 BRANDON TIRE CO Automotive R&M 186517 7/14/2015 14,072.25 BRAUN INTERTEC CORP Other Professional Services 186518 7/14/2015 97,190.00 BS&A SOFTWARE Machinery & Equipment 186519 7/14/2015 390.00 BUREAU OF CRIM. APPREHENSION Communication Maintenance 186520 7/14/2015 3,500.56 BUSHMAN, RAQUEL Operating Supplies 186521 7/14/2015 1,315.08 BUSINESSWARE SOLUTIONS Contractual R&M 186522 7/14/2015 12,335.00 C & C CONTRACTING Contractual R&M 186523 7/14/2015 211.00 C & J TECHNOLOGY INC Equipment Parts 186524 7/14/2015 81,767.90 C & L DISTRIBUTING Cost of Sales - Beer 186525 7/14/2015 34.00 CAMPBELL, KRISTI Recreation Activity Fees 186526 7/14/2015 708.00 CARLOS CREEK WINERY Cost of Sales - Wine 186527 7/14/2015 196.75 CENTRAL MCGOWAN Operating Supplies 186528 7/14/2015 853.61 CENTRAL TURF & IRRIGATION SUPPLY Operating Supplies 186529 7/14/2015 8,772.45 CHEMISOLV CORP Chemicals & Chemical Products 186530 7/14/2015 14,590.00 CLARKE ENVIRONMENTAL MOSQUITO MANAGEM Other Professional Services 186531 7/14/2015 75.00 CMK SERVICES LLC Other Professional Services 186532 7/14/2015 446.00 COLD SPRING GRANITE CO Operating Supplies 186533 7/14/2015 732.47 COMDATA CORPORATION Concession Supplies 186534 7/14/2015 162.65 COMMISSIONER OF TRANSPORTATION Other Professional Services 186535 7/14/2015 38.00 COTE, KRISTIN Recreation Activity Fees 186536 7/14/2015 801.39 CROW RIVER AUTO & TRUCK REPAIR Automotive R&M 186537 7/14/2015 5,800.00 CROW RIVER OFFICIALS ASSN Other Professional Services 186538 7/14/2015 493.05 CROW RIVER PRESS INC Office Supplies 186539 7/14/2015 1,675.39 CUMMINS NPOWER LLC Other Professional Services 186540 7/14/2015 653.00 CUSTOMIZED FIRE RESCUE TRAINING INC Travel/Conference Expense 186541 7/14/2015 175.00 CZECH, RANDY Uniforms & Personal Equip CITY OF HUTCHINSON Council Check Register -A Check Issue Dates: 6/24/2015 - 7/14/2015 7/8/2015 Check Number Check Date Amount Vendor Account Description 186542 7/14/2015 750.00 DALE A. ZORMAN TRUCKING SERVICE INC Freight- Bagged 186543 7/14/2015 1,840.00 DAN'S PAINTING UNLIMITED INC Contractual R&M 186544 7/14/2015 100.00 DAVE GRIEP CLEANING Contractual R&M 186545 7/14/2015 15,185.98 DAY DISTRIBUTING Cost of Sales - Beer 186546 7/14/2015 16,685.00 DERO Operating Supplies 186547 7/14/2015 60.00 DIGITAL ALLY INC Operating Supplies 186548 7/14/2015 1,529.65 DROP -N -GO SHIPPING INC Postage 186549 7/14/2015 308,626.95 DUININCK INC Improv other than Buildings 186550 7/14/2015 32.98 DUNDEE Employees relative Funeral 186551 7/14/2015 1,896.27 E2 ELECTRICAL SERVICES INC Contractual R&M 186552 7/14/2015 10,231.46 EARTHLY DELIGHTS LTD TIF Repayment 186553 7/14/2015 891.83 ELECTRO WATCHMAN Contractual R&M 186554 7/14/2015 164.99 ELLEFSON, DAVID R. Uniforms & Personal Equip 186555 7/14/2015 862.88 EMERGENCY APPARATUS MAINT Software & Licensing 186556 7/14/2015 22.00 ENGELSMEIER, JESS Recreation Activity Fees 186557 7/14/2015 2,592.00 ENVIROTECH SERVICES INC Contractual R&M 186558 7/14/2015 4,180.00 ERICKSON ENGINEERING CO LLC Other Professional Services 186559 7/14/2015 4,032.50 EVERBRIDGE INC Small Tools & Minor Equipment 186560 7/14/2015 84.99 FARENBAUGH, ASHLEY Safety Supplies 186561 7/14/2015 387.60 FASTENAL COMPANY Equipment Parts 186562 7/14/2015 150.45 FILZEN, MARY Office Supplies 186563 7/14/2015 1,000.00 FI RESHAPES STUDIO Other Professional Services 186564 7/14/2015 449.17 FORCE AMERICA Automotive R&M 186565 7/14/2015 117.00 FOREST EDGE WINERY Cost of Sales - Wine 186566 7/14/2015 1,350.00 FRESH LOOK PAINTINGS Contractual R&M 186567 7/14/2015 340.45 G & K SERVICES Operating Supplies 186568 7/14/2015 39,541.63 GARICK CORPORATION Inventory- Process Material 186569 7/14/2015 3,200.00 GAVIN WINTERS TWISS THIEMANN & LONG LTD Other Professional Services 186570 7/14/2015 253.70 GEB ELECTRICAL INC Contractual R&M 186571 7/14/2015 726.24 GOPHER STATE FIRE EQUIPMENT CO. Contractual R&M 186572 7/14/2015 1,267.24 GRAINGER Operating Supplies 186573 7/14/2015 2,268.26 GREEN EARTH LAWN CARE INC Contractual R&M 186574 7/14/2015 3,505.00 HACH COMPANY Other Professional Services 186575 7/14/2015 10.50 HAG ER JEWELRY INC. Office Supplies 186576 7/14/2015 22.00 HANSEN GRAVEL Repair & Maintenance Supplies 186577 7/14/2015 14.70 HANSEN TRUCK SERVICE Equipment Parts 186578 7/14/2015 6,710.00 HANSON & VASEK CONSTRUCTION Contractual R&M 186579 7/14/2015 85.84 HATTEN, DANIEL Meetings In House 186580 7/14/2015 1,765.17 HAWKINS INC Chemicals & Chemical Products 186581 7/14/2015 9,922.11 HD SUPPLY WATERWORKS LTD Meters & Meter Parts 186582 7/14/2015 181,784.50 HD SUPPLY WATERWORKS LTD Improv other than Buildings 186583 7/14/2015 320.20 HENRYS FOODS INC Concession Supplies 186584 7/14/2015 1,146.00 HEWLETT-PACKARD CO Small Tools & Minor Equipment 186585 7/14/2015 930.57 HILLYARD / HUTCHINSON Operating Supplies 186586 7/14/2015 22.00 HOFFMAN, LINDSEY Recreation Activity Fees 186587 7/14/2015 6,270.32 HOLT MOTORS INC Automotive R&M 186588 7/14/2015 2,600.00 HRA Admin/Loan Fees 186589 7/14/2015 2,600.00 HRA Admin/Loan Fees 186590 7/14/2015 - HUTCH AUTO & TRUCK PARTS Equipment Parts 186591 7/14/2015 1,701.10 HUTCHFIELD SERVICES INC Contractual R&M 186592 7/14/2015 2,166.00 HUTCHINSON AREA HEALTH CARE Common Area Maintenance 186593 7/14/2015 24,130.16 HUTCHINSON CO-OP Operating Supplies 186594 7/14/2015 2,460.87 HUTCHINSON LEADER Advertising 186595 7/14/2015 298.00 HUTCHINSON SENIOR ADVISORY BOARD Other Professional Services 186596 7/14/2015 122,707.30 HUTCHINSON UTILITIES Utilities CITY OF HUTCHINSON Council Check Register -A Check Issue Dates: 6/24/2015 - 7/14/2015 7/8/2015 Check Number Check Date Amount Vendor Account Description 186597 7/14/2015 597.72 HUTCHINSON WHOLESALE Automotive R&M 186598 7/14/2015 1,926.64 HUTCHINSON, CITY OF Utilities 186599 7/14/2015 5,000.00 HUTCHINSON, CITY OF ATM Revenue 186600 7/14/2015 597.94 IDEAL SERVICE INC Contractual R&M 186601 7/14/2015 120.48 INDIAN ISLAND WINERY Cost of Sales - Wine 186602 7/14/2015 235.00 INTERNATIONAL ECON DEV COUNCIL Travel/Conference Expense 186603 7/14/2015 896.49 INTERSTATE BATTERY SYSTEM MINNEAPOLIS Equipment Parts 186604 7/14/2015 47.74 IOWA DEPT OF AGRICULTURE Licenses & Permits 186605 7/14/2015 1,170.18 J & N SPECIALTY IMPORTS LLC Cost of Sales - Wine 186606 7/14/2015 532.68 JAUNICH, MATT Travel/Conference Expense 186607 7/14/2015 31.63 JAY MALONE MOTORS Automotive R&M 186608 7/14/2015 60.00 JERABEK MACHINE SHOP Other Professional Services 186609 7/14/2015 1,565.25 A TAYLOR DIST OF MN Freight 186610 7/14/2015 37,927.66 JOHNSON BROTHERS LIQUOR CO. Cost of Sales - Liquor 186611 7/14/2015 130.00 JOHNSON, ORIANN Recreation Activity Fees 186612 7/14/2015 34.00 JOHNSON, SARA Recreation Activity Fees 186613 7/14/2015 5,575.00 JOURNAL COMMUNICATIONS Advertising 186614 7/14/2015 1,370.00 JUUL CONTRACTING CO Contractual R&M 186615 7/14/2015 146.63 KAESER COMPRESSORS Equipment Parts 186616 7/14/2015 457.50 KDUZ KARP RADIO Advertising 186617 7/14/2015 38.75 KENNEDY & GRAVEN CHARTERED Other Professional Services 186618 7/14/2015 780.00 KINZLER, KRISTEN Other Revenues 186619 7/14/2015 24.95 KRANZ LAWN & POWER Operating Supplies 186620 7/14/2015 187.35 L & P SUPPLY CO Automotive R&M 186621 7/14/2015 810.00 LAKELAND BROADCASTING Advertising 186622 7/14/2015 13,423.00 LANDSCAPE CONCEPTS INC Landscaping Materials 186623 7/14/2015 10,759.00 LARAWAY ROOFING INC Buildings & Structures 186624 7/14/2015 147.00 LEXISNEXIS Other Professional Services 186625 7/14/2015 66,843.02 LOCHER BROTHERS INC Case Deposits 186626 7/14/2015 1,000.00 LTC PROPERTIES & Loans Made 186627 7/14/2015 2,500.00 LTC PROPETIES LLC & Loans Made 186628 7/14/2015 354.73 LYNDE & MCLEOD INC. Inventory- Bulk Product 186629 7/14/2015 2,233.21 MACQUEEN EQUIP INC Automotive R&M 186630 7/14/2015 14.55 MATHESON TRI -GAS INC Chemicals & Chemical Products 186631 7/14/2015 230.00 MCLEOD COUNTY AGRICULTURAL ASSN Miscellaneous Expense 186632 7/14/2015 38,285.25 MCLEOD COUNTY AUDITOR -TREASURER Street Maintenance Materials 186633 7/14/2015 2,107.57 MCLEOD COUNTY AUDITOR -TREASURER Operating Supplies 186634 7/14/2015 300.00 MCLEOD COUNTY COURT ADMINISTRATOR Other Revenues 186635 7/14/2015 400.00 MCLEOD COUNTY COURT ADMINISTRATOR Other Revenues 186636 7/14/2015 250.00 MCLEOD COUNTY COURT ADMINISTRATOR Other Revenues 186637 7/14/2015 317.00 MCLEOD COUNTY DISTRICT COURT Other Professional Services 186638 7/14/2015 500.00 MCLEOD COUNTY DISTRICT COURT Other Professional Services 186639 7/14/2015 814.10 MCLEOD COUNTY SHERIFF'S OFFICE Travel/Conference Expense 186640 7/14/2015 32.50 MCLEOD COUNTY SOLID WASTE MANAGEMENT Operating Supplies 186641 7/14/2015 115,837.80 MEDICA [Does not exist] 186642 7/14/2015 1,569.06 MENARDS HUTCHINSON Operating Supplies 186643 7/14/2015 225.17 MEYER LABORATORY INC Cleaning Supplies 186644 7/14/2015 2,048.00 MHSRC/RANGE Travel/Conference Expense 186645 7/14/2015 2,256.25 MIDWEST CUSTOM APPAREL Operating Supplies 186646 7/14/2015 408.48 MILLNER HERITAGE VINEYARD & WINERY Cost of Sales - Wine 186647 7/14/2015 77.40 MINNEAPOLIS, CITY OF Other Professional Services 186648 7/14/2015 75.25 MINNESOTA DEPT OF MOTOR VEHICLE Operating Supplies 186649 7/14/2015 200.00 MINNESOTA VALLEY ACTION COUNCIL INC Loans Made 186650 7/14/2015 200.00 MINNESOTA VALLEY ACTION COUNCIL INC Loans Made 186651 7/14/2015 2,910.40 M I N N ESOTA VALLEY TESTI N G LAB Contractual R&M CITY OF HUTCHINSON Council Check Register-A Check Issue Dates: 6/24/2015 - 7/14/2015 7/8/2015 Check Number Check Date Amount Vendor Account Description 186652 7/14/2015 3,031.32 MINNESOTA/WISCONSIN PLAYGROUND Small Tools & Minor Equipment 186653 7/14/2015 100.00 MN DEPT OF LABOR & INDUSTRY/CODE Contractual R&M 186654 7/14/2015 175.00 MOORE, ERIC Uniforms & Personal Equip 186655 7/14/2015 176.12 MORAN USA LLC Operating Supplies 186656 7/14/2015 34.00 MORROW, DAN Recreation Activity Fees 186657 7/14/2015 1,000.00 MOZHNEVSKY, SERGE Other Professional Services 186658 7/14/2015 275.00 MWOA Travel/Conference Expense 186659 7/14/2015 1,511.24 NASH FINCH COMPANY Contractual R&M 186660 7/14/2015 167.00 NBS CALIBRATIONS Contractual R&M 186661 7/14/2015 1,000.00 NELSON, JUDD Other Professional Services 186662 7/14/2015 1,859.86 NEWMAN TRAFFIC SIGNS Sign Repair Materials 186663 7/14/2015 576.70 NORTH CENTRAL LABORATORIES Operating Supplies 186664 7/14/2015 218.43 NORTHERN BUSINESS PRODUCTS Operating Supplies 186665 7/14/2015 219.74 NORTHERN SAFETY & INDUSTRIAL Safety Supplies 186666 7/14/2015 4,070.82 NU-TELECOM Phone Services 186667 7/14/2015 99.65 OFFICE OF MN IT SERVICES Phone Services 186668 7/14/2015 500.00 OLD GOLD Music in the Park 186669 7/14/2015 502.32 O'REILLY AUTO PARTS Automotive R&M 186670 7/14/2015 90.62 PAGE, JEFFREY Operating Supplies 186671 7/14/2015 6,768.00 PEAT INC. Inventory - Bulk Product 186672 7/14/2015 159.60 PERFECTION PACKAGING INC Concession Supplies 186673 7/14/2015 24,069.94 PHILLIPS WINE & SPIRITS Cost of Sales - Miscellaneous 186674 7/14/2015 311.25 POSITIVE ID INC Other Professional Services 186675 7/14/2015 3,646.56 PREMIER TECH PACKAGING Equipment Parts 186676 7/14/2015 750.00 PRIDE SOLUTIONS INC Operating Supplies 186677 7/14/2015 11,343.63 PRINCE OF PEACE SENIOR APT INC TIF Repayment 186678 7/14/2015 1,690.00 PRO CARE SERVICES INC Contractual R&M 186679 7/14/2015 5,369.00 PROFESSIONAL WATER TECHNOLOGIES INC Chemicals & Chemical Products 186680 7/14/2015 1,008.19 PROMAXX TRUCK PARTS Equipment Parts 186681 7/14/2015 295.75 QUADE ELECTRIC Equipment Parts 186682 7/14/2015 262.48 QUALITY FORKLIFT SALES & SERV INC Contractual R&M 186683 7/14/2015 80,308.19 R & R EXCAVATING Improv other than Buildings 186684 7/14/2015 1,172.30 R J L TRANSFER Freight 186685 7/14/2015 763.97 RAPIDS PROCESS EQUIPMENT INC Equipment Parts 186686 7/14/2015 71.70 RECREONICS Chemicals & Chemical Products 186687 7/14/2015 1,129.89 REFLECTIVE APPAREL FACTORY INC Safety Supplies 186688 7/14/2015 5,263.20 REINER ENTERPRISES INC Freight - Bulk 186689 7/14/2015 1,184.32 RUNNING'S SUPPLY Operating Supplies 186690 7/14/2015 18.00 SAGE PUBLICATIONS Dues & Subscriptions 186691 7/14/2015 2,430.11 SAM'S CLUB Concession Supplies 186692 7/14/2015 468.45 SCHAEFFER MFG CO Motor Fuels & Lubricants 186693 7/14/2015 43,972.48 SCHOOL DIST # 423 Other Revenues 186694 7/14/2015 238.41 SEBORA, MARC Travel/Conference Expense 186695 7/14/2015 9,600.94 SEH Other Professional Services 186696 7/14/2015 245.43 SEPPELT, MILES Travel/Conference Expense 186697 7/14/2015 175.00 SHAW, KAREN Other Professional Services 186698 7/14/2015 82.56 SHOPKO Operating Supplies 186699 7/14/2015 97.55 SHRED-IT USA INC Refuse - Recycling 186700 7/14/2015 260.00 SIEGFRIED, PAIGE Cemetery Fees 186701 7/14/2015 119.95 SNYDER, JAKE Uniforms & Personal Equip 186702 7/14/2015 756.45 SCRENSEN'S SALES & RENTALS Automotive R&M 186703 7/14/2015 656.60 SOUTHERN MINNESOTA INSPECTION Automotive R&M 186704 7/14/2015 27,164.67 SOUTHERN WINE & SPIRITS OF MN Freight 186705 7/14/2015 27,730.85 SPARTAN STAFFING Temporary Labor - External 186706 7/14/2015 212.00 SPORT SYSTEMS UNLIMITED CORP Operating Supplies CITY OF HUTCHINSON Council Check Register-A Check Issue Dates: 6/24/2015 - 7/14/2015 7/8/2015 Check Number Check Date Amount Vendor Account Description 186707 7/14/2015 116.00 STANDARD PRINTING Office Supplies 186708 7/14/2015 1,794.85 STAPLES ADVANTAGE Repair & Maintenance Supplies 186709 7/14/2015 183.30 STAR TRIBUNE Dues & Subscriptions 186710 7/14/2015 19,939.00 STEVE BARTON & Loans Made 186711 7/14/2015 50.00 STIRAS, JENELLE Recreation Activity Fees 186712 7/14/2015 420.58 STRATEGIC EQUIPMENT AND SUPPLY Cost of Sales - Miscellaneous 186713 7/14/2015 3,205.00 STREICH TRUCKING Contractual R&M 186714 7/14/2015 45.74 SUBWAY WEST Operating Supplies 186715 7/14/2015 72.24 TASC Admin Fees- HSA/Flex 186716 7/14/2015 3,084.27 TESSMAN COMPANY Operating Supplies 186717 7/14/2015 34.00 THEGET, JOHN Recreation Activity Fees 186718 7/14/2015 652.39 TITAN MACHINERY Equipment Parts 186719 7/14/2015 38.44 TOWN & COUNTRY TIRE Automotive R&M 186720 7/14/2015 3,085.00 TRAFFIC MARKING SERVICE INC Contractual R&M 186721 7/14/2015 106.00 TRI COUNTY WATER Operating Supplies 186722 7/14/2015 40.00 TRIPPEL, CHERYL Civic Arena-Fees & Rents 186723 7/14/2015 622.15 TRUE FABRICATIONS Cost of Sales - Miscellaneous 186724 7/14/2015 120.00 TWO WAY COMMUNICATIONS INC Phone Services 186725 7/14/2015 4,130.91 U.S. WATER SERVICES Chemicals & Chemical Products 186726 7/14/2015 1,224.00 ULTRAMAX Operating Supplies 186727 7/14/2015 58.20 UNIFORMS UNLIMITED Uniforms & Personal Equip 186728 7/14/2015 2.29 UPS/UPS SCS CHICAGO Postage 186729 7/14/2015 750.00 URBAN SPRITE MEDIA Advertising 186730 7/14/2015 414.29 US BANK EQUIPMENT FINANCE Copy Machine 186731 7/14/2015 174.99 USA BLUE BOOK Repair & Maintenance Supplies 186732 7/14/2015 1,131.74 USPS-HASLER Postage 186733 7/14/2015 157.34 VALLEY SALES OF HUTCHINSON Automotive R&M 186734 7/14/2015 2,942.32 VERIZON WIRELESS Phone Services 186735 7/14/2015 28,526.75 VIKING BEER Cost of Sales - Beer 186736 7/14/2015 3,076.32 VIKING COCA COLA Cost of Sales - Miscellaneous 186737 7/14/2015 3,257.66 VINOCOPIA INC Freight 186738 7/14/2015 2,559.10 VIVID IMAGE Other Professional Services 186739 7/14/2015 1,299.63 WASTE MANAGEMENT OF WI-MN Utilities 186740 7/14/2015 40,560.42 WASTE MANAGEMENT OF WI-MN Refuse - Services 186741 7/14/2015 54.00 WEHSELER, AMY Recreation Activity Fees 186742 7/14/2015 3,243.55 WELLS FARGO Office Supplies 186743 7/14/2015 385.12 WEST CENTRAL SANITATION INC. Utilities 186744 7/14/2015 2,640.20 WILSONS NURSERY INC Operating Supplies 186745 7/14/2015 600.00 WINE MERCHANTS INC Cost of Sales - Wine 186746 7/14/2015 38,754.06 WI RTZ BEVERAGE MINNESOTA Cost of Sales - Liquor 186747 7/14/2015 13,307.58 WM MUELLER & SONS Street Maintenance Materials 186748 7/14/2015 57,946.33 WM MUELLER & SONS - SEPARATE CK Improv other than Buildings 186749 7/14/2015 356.25 WOODY'S GRAPHICS Other Projects 186750 7/14/2015 159.99 ZACKRISON, MOLLY Uniforms & Personal Equip 186751 7/14/2015 323.89 ZEP SALES AND SERVICE Equipment Parts 186752 7/14/2015 92.00 ZWILLING, TROY Travel/Conference Expense Grand Totals: 1,991,705.12 CITY OF HUTCHINSON Check Register - Council Check Register Page: 1 Report Dates: 6/7/2015-6/20/2015 Jun 23, 2015 01:41 PM Report Criteria: Transmittal checks included Pay Period Journal Check Check Date Code Issue Date Number Payee Amount 06/20/2015 CDPT 06/23/2015 186484 HART 618.76- 06/20/2015 CDPT 06/23/2015 186485 MNPEA 506.00- 06/20/2015 CDPT 06/23/2015 6231501 AFLAC 20.46- 06/20/2015 CDPT 06/23/2015 6231501 AFLAC 130.75- 06/20/2015 CDPT 06/23/2015 6231502 Assurant Employees Benefits 871.29- 06/20/2015 CDPT 06/23/2015 6231503 EFTPS 14,489.65- 06/20/2015 CDPT 06/23/2015 6231503 EFTPS 14,489.64- 06/20/2015 CDPT 06/23/2015 6231503 EFTPS 4,162.55- 06/20/2015 CDPT 06/23/2015 6231503 EFTPS 4,162.54- 06/20/2015 CDPT 06/23/2015 6231503 EFTPS 26,747.46- 06/20/2015 CDPT 06/23/2015 6231504 ICMA 2,105.00- 06/20/2015 CDPT 06/23/2015 6231505 ING 1,050.00- 06/20/2015 CDPT 06/23/2015 6231506 Minnesota Dept. of Revenue 11,727.25- 06/20/2015 CDPT 06/23/2015 6231507 MN Child Support System 41.87- 06/20/2015 CDPT 06/23/2015 6231508 MNDCP 250.00- 06/20/2015 CDPT 06/23/2015 6231509 PERA 13,031.08- 06/20/2015 CDPT 06/23/2015 6231509 PERA 13,031.08- 06/20/2015 CDPT 06/23/2015 6231509 PERA 6,067.89- 06/20/2015 CDPT 06/23/2015 6231509 PERA 9,101.87- 06/20/2015 CDPT 06/23/2015 6231509 PERA 26.01- 06/20/2015 CDPT 06/23/2015 6231509 PERA 26.01- 06/20/2015 CDPT 06/23/2015 6231509 PERA 2,004.76- 06/20/2015 CDPT 06/23/2015 6231510 TASC-Flex 359.91- 06/20/2015 CDPT 06/23/2015 6231510 TASC-Flex 1,495.49- 06/20/2015 CDPT 06/23/2015 6231511 TASC-HSA 4,159.36- 06/20/2015 CDPT 06/23/2015 6231511 TASC-HSA 5,230.56- 06/20/2015 CDPT 06/23/2015 6231511 TASC-HSA 687.98- 06/20/2015 CDPT 06/23/2015 6231511 TASC-HSA 653.82- 06/20/2015 CDPT 06/23/2015 6231511 TASC-HSA 1,089.20 - Grand Totals: 29 138,338.24- HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Proposed amendments to Chapters 90 & 92 of City Code Department: PW/Eng LICENSE SECTION Meeting Date: 7/14/2015 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff ❑ Unfinished Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: Chapter 90 Rights-of-way are important for the welfare of the City. Rights-of-way provide a number of public benefits including, but not limited to: for placement of utilities, for roadway safety and maintenance, for access to private property and for protection of private property. To address an increasing trend of private property being placed within rights-of-way, City staff conducted a cursory inventory of properties that have private property within rights-of-way. 140 properties were found to have some kind of private property within rights-of-way. In many cases, the property consisted of landscaping/landscaping features which do not pose a significant issue related to utilization of rights-of-way. However, as this has been identified as an increasing trend, City staff felt it was prudent to provide for management of rights-of-way and recommends adoption of measures to protect rights-of-way into the future. Chapter 92 Commonly referred to as the "weed ordinance", this section of the City Code was reviewed by City staff for potential improvements. Based upon the fact that it can often take several days to move through the process of notification and maintenance, it is recommended that the trigger for notification for height of weeds, grass and plants be moved from 12" to 8". In addition, clarifications are proposed regarding the process by which property owners are notified and the time frame for property owners to respond to notices BOARD ACTION REQUESTED: Second Reading & Adoption of Ordinance No. 15-0741 relating to Proposed Amendments to Chapters 90 & 92 of the City Code as presented. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 0.00 Total City Cost: $ 0.00 Funding Source: Remaining Cost: $ 0.00 Funding Source: Ordinance No. 15-741 An Ordinance Amending Chapters 90 and 92 Pertaining to Public Rights of Way The City Council of the City of Hutchinson Hereby Ordains: CHAPTER 90: STREETS AND SIDEWALKS Section 90.03 Obstructions in streets 90.04 Street openings and excavations § 90.03 OBSTRUCTIONS IN STREETS. (A) Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of that permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. (B) Fires. It is a misdemeanor for any person to build or maintain a fire upon a street. (C) Dumping in streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon, except for leaves raked into the gutter line specifically for and in compliance with a municipal leaf pick up program. It is a violation of this section to haul any material of this type, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the Council. (D) Signs and other structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street without first having obtained a written permit from the Council. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon terms and conditions as may be set forth in the zoning or construction provisions in Title XV of this code of ordinances. (E) Placing snow or ice in a roadway or on a sidewalk. (1) It is a misdemeanor for any person not acting under a specific contract with the city, or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any roadway. Snow or ice on driveways, sidewalks and the like shall not be pushed across traveled portions of roadways and may only be stored on private property or on rights -of- way adjacent to the private property. The city may assess the cost of removal of snow or ice against the affected property owner pursuant to the provisions of § 90.01(C) of this code. (2) Where permission is granted by the City Administrator, the person to whom that permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefitted property as any other special assessment. - in' providing for placement of utilities, roadway safety and maintenance, and access to and protection of private property. Therefore, the City of Hutchinson regulates utilization of rights- of-way to retain these and other public benefits of rights-of-way. (1) Permanent and semi-permanent fixtures in rights-of-way require a franchise from the City. Franchise agreements for permanent or semi-permanent fixtures must be approved by the City Council. Other uses of rights-of-way may be regulated by permit or ordinance as the Council sees fit. (2) Permanent and semi-permanent fixtures shall include, but are not limited to, the following: a. Fixtures that are affixed to the ground by posts or foundations. b. Fixtures not affixed to the ground, but of size, mass, and/or dimension that may adversely affect the public function of the right-of-way. c. Fixtures specifically exempt from the definition of permanent or semi-permanent fixtures include: i. Traffic control devices placed by a road authority, as defined by Minnesota Statutue 160.02. ii. Boulevard trees and landscaping features approved by a road authority_ iii. Fixtures required to provide municipal utilities. (3) Permanent and semi-permanent fixtures shall conform to the following requirements: a. After placement of a fixture, there shall remain at least six (6) feet of unobstructed sidewalk in commercial districts and four (4) feet of unobstructed sidewalk in residential and industrial districts where sidewalk exists. In all cases where trails exist. ten (10) feet of unobstructed trail shall remain. b. Fixtures shall not block any traffic control device and shall not exceed thirty (30) inches in height within the sight triangle area, defined as: that triangular area formed b.. t�ypotenuse of measurements twenty-f�(,25) feet each direction from the intersection of corner property lines. A greater distance may be required as determined by the City, c. Fixtures shall not pose unreasonable safety hazards because of the type of materials, objects or property placed within rights-of-way. d. Fixtures shall not unreasonably restrict other necessary or beneficial uses of rights-of-way e. Nothinz herein shall prohibit: i. The repair of fixtures and related appurtenances placed within ri ht s -of - way by existing franchisees, a road authority, or municipal utilities. ii. The placement of mailboxes approved by the United States Postal Service. iii. The placement of driveways and accesses to private property otherwise permitted. (4) Maintenance of rights-of-way. a. Work to maintain properties within rights-of-way is allowed by the City and franchisees, as governed by Code Section 90.04. b. Materials, objects or property may be placed in rights-of-way by the City or under permit from the City in association with community and special events. c. Landscape restoration by the City and franchisees shall consist of restori disturbed areas within rights-of-way with turf grasses (5) Other uses of rights-of-way a. No use of rights-of-way shall cause a nuisance, hazard, danger, or sight obstruction for any traffic, vehicles, pedestrians, or bicyclists using the right-of- way. The City may at its discretion remove, or order to be removed, at the owners expense, any -property causing such nuisance, hazard, danger or sign obstruction and/or require appropriate warnings be placed. b. The owner of property placed within rights-of-way shall be liable form damage, theft, vandalism, etc. of any fixture, item, object or property placed within rights-of-way or any damage caused thereby. The owner of any such property so placed shall hold the City harmless in any claims therefor. 0) Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. Condition. Before granting any permit under any of the provisions of this section, the Council may impose insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding those persons and property. The insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of the obstruction. ('89 Code, § 7.07) (Am. Ord. 97-208, passed 10-14-97; Am. Ord. 10-0540, passed 2-22- 10) Penalty, see § 10.99 § 90.04 STREET OPENINGS AND EXCAVATIONS. (A) Unlawful act. It is a misdemeanor for any person to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the City Administrator as herein provided, except: (1) A city employee acting within the course and scope of his or her employment; (2) A contractor acting within the course and scope of a contract with the city; or (3) A franchisee acting within the course and scope of its franchise from the city. (B) Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation and other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City Administrator. (C) Investigation and payment of estimated costs. Upon receipt of the application, the City Engineer shall cause investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon the excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued. (D) Protection of the city and the public. (1) Non -completion or abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the city may, after six hours' notice in writing to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. (2) Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000 for any person, $300,000 for any occurrence and property damage insurance of not less than $25,000, issued by an insurance company authorized to do business in this state, on which the city is named as co-insured. (3) Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom. (E) Issuance of permit. (1) The City Engineer shall issue the permit after: (a) Completion of the investigation; (b) Determination of all estimated costs as stated above; (c) Agreement by the applicant to the conditions of time and manner as stated above; (d) Agreement in writing by the applicant to pay all actual cost of repairs over and above the estimate; and (e) Agreement in writing by the applicant to be bound by all of the provisions of this section. (2) No permit shall be issued until the applicant has paid all of the foregoing together with investigation, inspection and permit fees as are fixed and determined by ordinance of the Council. (F) Repairs. All temporary and permanent repairs, including backfilling, compacting and resurfacing shall be the responsibility of the applicant and shall be performed in accordance with standards adopted by the city. In the event that the applicant does not fulfill this responsibility, the work may be performed, repaired or replaced by the city. (G) Cost adjustment. Within 60 days following completion of the permanent repairs, the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be. (H) Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet removed, excavated cubic feet or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. ('89 Code, § 7.08) Penalty, see § 10.99 WEEDS § 92.3 5 SHORT TITLE. This subchapter shall be cited as the "Weed Ordinance." § 92.36 JURISDICTION. This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed. § 92.37 DEFINITIONS; EXCLUSIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESTRUCTION ORDER. The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties; (4) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 10 inches. (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. § 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE. All property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds grasses and rank vegetation or other uncontrolled plant growth on their prorty Ind J rights which at the time of notice, is in excess of I inches in height. Penalty, see § 92.99 § 92.39 FILING COMPLAINT. Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed with the City Administrator. If the city makes the complaint, an employee, officer or Council Member of the city shall file the complaint in all respects as set out above. § 92.40 NOTICE OF VIOLATIONS. (A) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The City Council, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a "Destruction Order' to the property owner or the person occupying the property as that information is contained within the records of the City Administrator or any other cit agency. The notice shall be served in writing Lthe owneb first class mail. The notice shall provide that within seven alb endar days following the notice that the designated violation shall be removed by the property owner or person occupying the property. (B) (1) All notices are to be in writing and all filings are to be with the City Administrator (2) � Mlgailingi � § the City Administrator or deemed filed on the date of posting to the United States Postal Service. § 92.41 APPEALS. (A) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property owner's responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter. (B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council. § 92.42 ABATEMENT BY CITY. In the event that the property owner shall fail to comply with the "Destruction Order" within seven regular business days and has not filed a notice within 48 hours to the City Administrator of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. § 92.43 LIABILITY. (A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter. (B) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used. (C) All sums payable by the property owner are to be paid to the City Administrator and to be deposited in a general fund as compensation for expenses and costs incurred by the city. (D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time. Adopted by the Hutchinson City Council this day of , 2015. ATTEST: Matthew Jaunich Gary T. Forcier CHAPTER 90: STREETS AND SIDEWALKS Section 90.03 Obstructions in streets 90.04 Street openings and excavations § 90.03 OBSTRUCTIONS IN STREETS. (A) Obstructions. It is a misdemeanor for any person to place, deposit, display or offer for sale, any fence, goods or other obstructions upon, over, across or under any street without first having obtained a written permit from the Council, and then only in compliance in all respects with the terms and conditions of that permit, and taking precautionary measures for the protection of the public. An electrical cord or device of any kind is hereby included, but not by way of limitation, within the definition of an obstruction. (B) Fires. It is a misdemeanor for any person to build or maintain a fire upon a street. (C) Dumping in streets. It is a misdemeanor for any person to throw or deposit in any street any nails, dirt, glass or glassware, cans, discarded cloth or clothing, metal scraps, garbage, leaves, grass or tree limbs, paper or paper products, shreds or rubbish, oil, grease or other petroleum products, or to empty any water containing salt or other injurious chemical thereon, except for leaves raked into the gutter line specifically for and in compliance with a municipal leaf pick up program. It is a violation of this section to haul any material of this type, inadequately enclosed or covered, thereby permitting the same to fall upon streets. It is also a violation of this section to place or store any building materials or waste resulting from building construction or demolition on any street without first having obtained a written permit from the Council. (D) Signs and other structures. It is a misdemeanor for any person to place or maintain a sign, advertisement or other structure in any street without first having obtained a written permit from the Council. In a district zoned for commercial or industrial enterprises, special permission allowing an applicant to erect and maintain signs overhanging the street may be granted upon terms and conditions as may be set forth in the zoning or construction provisions in Title XV of this code of ordinances. (E) Placing snow or ice in a roadway or on a sidewalk. (1) It is a misdemeanor for any person not acting under a specific contract with the city, or without special permission from the City Administrator, to remove snow or ice from private property and place the same in any roadway. Snow or ice on driveways, sidewalks and the like shall not be pushed across traveled portions of roadways and may only be stored on private property or on rights -of- way adjacent to the private property. The city may assess the cost of removal of snow or ice against the affected property owner pursuant to the provisions of § 90.01(C) of this code. (2) Where permission is granted by the City Administrator, the person to whom that permission is granted shall be initially responsible for payment of all direct or indirect costs of removing the snow or ice from the street or sidewalk. If not paid, collection shall be by civil action or assessment against the benefitted property as any other special assessment. (F) Uses of rights-of-way. Purpose: Rights-of-way provide many public benefits, including providing for placement of utilities, roadway safety and maintenance, and access to and protection of private property. Therefore, the City of Hutchinson regulates utilization of rights- of-way to retain these and other public benefits of rights-of-way. (1) Permanent and semi-permanent fixtures in rights-of-way require a franchise from the City. Franchise agreements for permanent or semi-permanent fixtures must be approved by the City Council. Other uses of rights-of-way may be regulated by permit or ordinance as the Council sees fit. (2) Permanent and semi-permanent fixtures shall include, but are not limited to, the following: a. Fixtures that are affixed to the ground by posts or foundations. b. Fixtures not affixed to the ground, but of size, mass, and/or dimension that may adversely affect the public function of the right-of-way. Fixtures specifically exempt from the definition of permanent or semi-permanent fixtures include: Traffic control devices placed by a road authority, as defined by Minnesota Statutue 160.02. ii. Boulevard trees and landscaping features approved by a road authority. iii. Fixtures required to provide municipal utilities. (3) Permanent and semi-permanent fixtures shall conform to the following requirements: After placement of a fixture, there shall remain at least six (6) feet of unobstructed sidewalk in commercial districts and four (4) feet of unobstructed sidewalk in residential and industrial districts where sidewalk exists. In all cases where trails exist, ten (10) feet of unobstructed trail shall remain. b. Fixtures shall not block any traffic control device and shall not exceed thirty (30) inches in height within the sight triangle area, defined as: that triangular area formed by the hypotenuse of measurements twenty-five (25) feet each direction from the intersection of corner property lines. A greater distance may be required as determined by the City. c. Fixtures shall not pose unreasonable safety hazards because of the type of materials, objects or property placed within rights-of-way. d. Fixtures shall not unreasonably restrict other necessary or beneficial uses of rights-of-way. e. Nothing herein shall prohibit: i. The repair of fixtures and related appurtenances placed within rights-of- way by existing franchisees, a road authority, or municipal utilities. ii. The placement of mailboxes approved by the United States Postal Service. iii. The placement of driveways and accesses to private property otherwise permitted. (4) Maintenance of rights-of-way. a. Work to maintain properties within rights-of-way is allowed by the City and franchisees, as governed by Code Section 90.04. b. Materials, objects or property maybe placed in rights-of-way by the City or under permit from the City in association with community and special events. c. Landscape restoration by the City and franchisees shall consist of restoring disturbed areas within rights-of-way with turf grasses (5) Other uses of rights-of-way. a. No use of rights-of-way shall cause a nuisance, hazard, danger, or sight obstruction for any traffic, vehicles, pedestrians, or bicyclists using the right-of- way. The City may at its discretion remove, or order to be removed, at the owners expense, any property causing such nuisance, hazard, danger or sign obstruction and/or require appropriate warnings be placed. b. The owner of property placed within rights-of-way shall be liable for any damage, theft, vandalism, etc. of any fixture, item, object or property placed within rights-of-way or any damage caused thereby. The owner of any such property so placed shall hold the City harmless in any claims therefor. (G) Continuing violation. Each day that any person continues in violation of this section shall be a separate offense and punishable as such. (H) Condition. Before granting any permit under any of the provisions of this section, the Council may impose insurance or bonding conditions thereon as it, considering the projected danger to public or private property or to persons, deems proper for safeguarding those persons and property. The insurance or bond shall also protect the city from any suit, action or cause of action arising by reason of the obstruction. ('89 Code, § 7.07) (Am. Ord. 97-208, passed 10-14-97; Am. Ord. 10-0540, passed 2-22- 10) Penalty, see § 10.99 § 90.04 STREET OPENINGS AND EXCAVATIONS. (A) Unlawful act. It is a misdemeanor for any person to make any excavation, opening or tunnel in, over, across or upon a street or other public property without first having obtained a written permit from the City Administrator as herein provided, except: (1) A city employee acting within the course and scope of his or her employment; (2) A contractor acting within the course and scope of a contract with the city; or (3) A franchisee acting within the course and scope of its franchise from the city. (B) Application. Application for a permit to make a street excavation shall describe with reasonable particularity the name and address of the applicant, the place, purpose and size of the excavation and other information as may be necessary or desirable to facilitate the investigation hereinafter provided for, and shall be filed with the City Administrator. (C) Investigation and payment of estimated costs. Upon receipt of the application, the City Engineer shall cause investigation to be made as he or she may deem necessary to determine estimated cost of repair, such as backfilling, compacting, resurfacing and replacement, and the conditions as to the time of commencement of work, manner of procedure and time limitation upon the excavation. The foregoing estimated costs shall include permanent and temporary repairs due to weather or other conditions, and the cost of the investigation shall be included in the estimate. Payment of the estimated costs shall be made before the permit is issued. (D) Protection of the city and the public. (1) Non -completion or abandonment. Work shall progress expeditiously to completion in accordance with any time limitation placed thereon so as to avoid unnecessary inconvenience to the public. In the event that work is not performed in accordance therewith, or shall cease or be abandoned without due cause, the city may, after six hours' notice in writing to the holder of the permit of its intention to do so, correct the work, fill the excavation and repair the public property, and the cost thereof shall be paid by the person holding the permit. (2) Insurance. Prior to commencement of the work described in the application, the applicant shall furnish the city satisfactory evidence in writing that the applicant will keep in effect public liability insurance of not less than $100,000 for any person, $300,000 for any occurrence and property damage insurance of not less than $25,000, issued by an insurance company authorized to do business in this state, on which the city is named as co-insured. (3) Indemnification. Before issuance of a permit, the applicant shall, in writing, agree to indemnify and hold the city harmless from any liability for injury or damage arising out of the action of the applicant in performance of the work, or any expense whatsoever incurred by the city incident to a claim or action brought or commenced by any person arising therefrom. (E) Issuance of permit. (1) The City Engineer shall issue the permit after: (a) Completion of the investigation; (b) Determination of all estimated costs as stated above; (c) Agreement by the applicant to the conditions of time and manner as stated above; (d) Agreement in writing by the applicant to pay all actual cost of repairs over and above the estimate; and (e) Agreement in writing by the applicant to be bound by all of the provisions of this section. (2) No permit shall be issued until the applicant has paid all of the foregoing together with investigation, inspection and permit fees as are fixed and determined by ordinance of the Council. (F) Repairs. All temporary and permanent repairs, including backfilling, compacting and resurfacing, and maintenance thereof at any stage during restoration, shall be the responsibility of the applicant and shall be performed in accordance with standards adopted by the city. In the event that the applicant does not fulfill this responsibility, the work may be performed, repaired or replaced by the city. (G) Cost adjustment. Within 60 days following completion of the permanent repairs, the City Engineer shall determine actual costs of repairs, including cost of investigation, and prepare and furnish to the permit holder an itemized statement thereof and claim additional payment from, or make refund (without interest) to, the permit holder, as the case may be. (H) Alternate method of charging. In lieu of the above provisions relating to cost and cost adjustment for street openings, the city may charge on the basis of surface square feet removed, excavated cubic feet or a combination of surface square feet and excavated cubic feet, on an established unit price uniformly charged. ('89 Code, § 7.08) Penalty, see § 10.99 WEEDS § 92.3 5 SHORT TITLE. This subchapter shall be cited as the "Weed Ordinance." § 92.36 JURISDICTION. This subchapter shall be in addition to any state statute or county ordinance presently in effect, subsequently added, amended or repealed. § 92.37 DEFINITIONS; EXCLUSIONS. (A) For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. DESTRUCTION ORDER. The notice served by the City Council or designated city official, in cases of appeal, on the property owner of the ordinance violation. PROPERTY OWNER. The person occupying the property, the holder of legal title or a person having control over the property of another, such as a right-of-way, easement, license or lease. WEEDS, GRASSES and RANK VEGETATION. Includes but is not limited to the following: (1) Noxious weeds and rank vegetation shall include but not be limited to: alum (allium), Buckthorn, Bur Cucumber, Canada Thistle, Corncockle, Cressleaf Groundsel, Curly Dock, Dodder, Field Bindweed, French Weed, Hairy Whitetop, Hedge Bindweed, Hoary Cress, Horsenettle, Johnsongrass, Leafy Spurge, Mile -A -Minute Weed, Musk Thistle, Oxeye Daisy, Perennial Sowthistle, Poison Hemlock, Purple Loosestrife, Quackgrass, Russian Knapweed, Russian Thistle, Serrated Tussock, Shatter Cane, Sorghum, Wild Carrot, Wild Garlic, Wild Mustard, Wild Onion, Wild Parsnip (2) Grapevines when growing in groups of 100 or more and not pruned, sprayed, cultivated, or otherwise maintained for two consecutive years; (3) Bushes of the species of tall, common, or European barberry, further known as berberis vulgaris or its horticultural varieties; (4) Any weeds, grass, or plants, other than trees, bushes, flowers, or other ornamental plants, growing to a height exceeding 8 inches. (5) Rank vegetation includes the uncontrolled, uncultivated growth of annuals and perennial plants. (6) The term WEEDS does not include shrubs, trees, cultivated plants or crops. (B) In no event shall cultivated plants or crops include plants which have been defined by state statute or administrative rule as being noxious or detrimental plants. § 92.38 OWNERS RESPONSIBLE FOR TRIMMING, REMOVAL AND THE LIKE. All property owners shall be responsible for the removal, cutting, or disposal and elimination of weeds, grasses and rank vegetation or other uncontrolled plant growth on their property and rights-of-way adjacent to their property, which at the time of notice, is in excess of 8 inches in height. Penalty, see § 92.99 § 92.39 FILING COMPLAINT. Any person, including the city, who believes there is property located within the corporate limits of the city which has growing plant matter in violation of this subchapter shall make a written complaint signed, dated and filed with the City Administrator. If the city makes the complaint, an employee, officer or Council Member of the city shall file the complaint in all respects as set out above. § 92.40 NOTICE OF VIOLATIONS. (A) Upon receiving notice of the probable existence of weeds in violation of this subchapter, a person designated by the City Council shall make an inspection and prepare a written report to the City Council regarding the condition. The City Council, upon concluding that there is a probable belief that this subchapter has been violated, shall forward written notification in the form of a "Destruction Order' to the property owner or the person occupying the property as that information is contained within the records of the City Administrator or any other city agency. The notice shall be served in writing to the owner of record by first class mail. The notice shall provide that within seven calendar days following the notice that the designated violation shall be removed by the property owner or person occupying the property. (B) (1) All notices are to be in writing and all filings are to be with the City Administrator or designee. (2) Mailings made by the City Administrator or designee are deemed filed on the date of posting to the United States Postal Service. § 92.41 APPEALS. (A) The property owner may appeal by filing written notice of objections with the City Council within 48 hours of the notice, excluding weekends and holidays, if the property owner contests the finding of the City Council. It is the property owner's responsibility to demonstrate that the matter in question is shrubs, trees, cultivated plants or crops or is not otherwise in violation of this subchapter, and should not be subject to destruction under the subchapter. (B) An appeal by the property owner shall be brought before the City Council and shall be decided by a majority vote of the Council Members in attendance and being at a regularly scheduled or special meeting of the City Council. § 92.42 ABATEMENT BY CITY. In the event that the property owner shall fail to comply with the "Destruction Order" within seven regular business days and has not filed a notice within 48 hours to the City Administrator of an intent to appeal, the City Council may employ the services of city employees or outside contractors and remove the weeds to conform to this subchapter by all lawful means. § 92.43 LIABILITY. (A) The property owner is liable for all costs of removal, cutting or destruction of weeds as defined by this subchapter. (B) The property owner is responsible for all collection costs associated with weed destruction, including but not limited to court costs, attorney's fees and interest on any unpaid amounts incurred by the city. If the city uses municipal employees, it shall set and assign an appropriate per hour rate for employees, equipment, supplies and chemicals which may be used. (C) All sums payable by the property owner are to be paid to the City Administrator and to be deposited in a general fund as compensation for expenses and costs incurred by the city. (D) All sums payable by the property owner may be collected as a special assessment as provided by M.S. § 429.101, as it may be amended from time to time. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Summary Review of 2014 Audited Financial Statements Department: Finance LICENSE SECTION Meeting Date: 7/14/2015 Application Complete N/A Contact: Andy Reid Agenda Item Type: Presenter: Kyle Meyers Reviewed by Staff ❑ New Business Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: Kyle Meyers, partner of the accounting firm Abdo Eick & Meyers, will present a summary review of the City's 2014 audited financial statements. A more detailed review will take place at the 4:30pm council workshop prior to the council meeting. Summary financial statements will be printed in the July 15th edition of the Hutchinson Leader and an electronic copy of the audited financial report will be on the City website shortly after the 7/14/15 council meeting. A hard copy of the financial report is also available to the public at the Hutchinson library and City Center. BOARD ACTION REQUESTED: Approve the 2014 audited financial report. 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=V�f� Request for Board Action 79 M-W Agenda Item: Federal Aviation Administration (FAA) Grant Offer Department: PW/Eng LICENSE SECTION Meeting Date: 7/14/2015 Application Complete N/A Contact: John Olson Agenda Item Type: Presenter: John Olson Reviewed by Staff ❑ New Business Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: For your consideration is acceptance of a grant offer of $2,154,164 for airport development. Project components include: a) improve runway safety area (grading between runway and parallel taxiway); b) rehabilitate apron, runway 15/33, parallel taxiway and connector taxiways (mill-overlay); c) re-align connector taxiway A-3. This grant offer is a result of work done over the last few years. This grant offer is for the construction, construction inspection and administrative costs that are related to the project. The grant offer provides funds to cover 90% of federally eligible costs. Subsequent to this offer, another grant agreement will be prepared by MnDOT Aeronautics for the State of Minnesota's participation in this project. The final project budget is as follows: Schedule 1 - Runway 15/33 Reclamation $ 866,907.77 Schedule 2 - Taxiway A Reclamation $ 621,894.80 Schedule 3 - Apron Reclamation $ 522,505.40 Schedule 4 - Taxiway A3 Relocation $ 116,840.34 Construction Engineering $ 270,000.00 Bid Advertising $ 1,000.00 Independent Fee Estimates $ 3,000.00 City Administration & City Attorney Fees $ 10,000.00 Total project costs $2,412,150.31 Federal Grant $2,154,164.00 State Grant (to follow, once federal grant is accepted) $ 134,583.00 Local Share (Infrastructure Improvement) $ 123,403.31* Total project funding $2,412,150.31 *final construction bid resulted in $$42,980.69 savings from original promect budget. BOARD ACTION REQUESTED: Accept/Reject FAA and MnDOT Aeronautics Grant Offers (3-27-0042-016-2015) and Assign Mayor and City Administrator to execute Federal and State Grant Agreements related to said project on behalf of the City. Fiscal Impact: Funding Source: FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 2,412,150.31 Total City Cost: $ 123,403.31 Funding Source: Infrastructure Improvement Remaining Cost: $ 2,288,747.00 Funding Source: FAA & MnDOT Grants L U.S. Department of Transportation Federal Aviation Administration Date of Offer Airport/Planning Area AIP Grant Number DUNS Number TO: City of Hutchinson (herein called the "Sponsor") 3-27-0042-016-2015 GRANT AGREEMENT PART I — OFFER June 24, 2015 Hutchinson Municipal -Butler Field 3-27-0042-016-2015 06-816-9515 FROM: The United States of America (acting through the Federal Aviation Administration, herein called the '(FAA')) WHEREAS, the Sponsor has submitted to the FAA a Project Application dated May 14, 2015, for a grant of Federal funds for a project at or associated with the Hutchinson Municipal -Butler Field Airport, which is included as part of this Grant Agreement; and WHEREAS, the FAA has approved a project for the Hutchinson Municipal -Butler Field Airport (herein called the "Project") consisting of the following: Improve Runway Safety Area (grading between runway and parallel taxiway); Rehabilitate apron, Runway 15/33, parallel taxiway, and connector taxiways (mill and overlay); re -align connector taxiway A-3; which is more fully described in the Project Application, NOW THEREFORE, According to the applicable provisions of the former Federal Aviation Act of 1958, as amended and recodified, 49 U.S.C. 40101, et seq., and the former Airport and Airway Improvement Act of 1982 (AAIA), as amended and recodified, 49 U.S.C. 47101, et seq., (herein the AAIA grant statute is referred to as "the Act"), the representations contained in the Project Application, and in consideration of (a) the Sponsor's adoption and ratification of the Grant Assurances dated April 3, 2014, and the Sponsor's acceptance of this Offer, and (b) the benefits to accrue to the United States and the public from the accomplishment of the Project and compliance with the Grant Assurances and conditions as herein provided, THE FEDERAL AVIATION ADMINISTRATION, FOR AND ON BEHALF OF THE UNITED STATES, HEREBY OFFERS AND AGREES to pay ninety (90) percent of the allowable costs incurred accomplishing the Project as the United States share of the Project. 3-27-0042-016-2015 This Offer is made on and SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: CONDITIONS 1. Maximum Obligation. The maximum obligation of the United States payable under this Offer is $2,154,164. For the purposes of any future grant amendments which may increase the foregoing maximum obligation of the United States under the provisions of 49 U.S.C. § 47108(b), the following amounts are being specified for this purpose: $0 or planning $2,154,164 for airport development or noise program implementation $0 for land acquisition. Ineligible or Unallowable Costs. The Sponsor must not include any costs in the project that the FAA has determined to be ineligible or unallowable. 3. Determining the Final Federal Share of Costs. The United States' share of allowable project costs will be made in accordance with the regulations, policies and procedures of the Secretary. Final determination of the United States' share will be based upon the final audit 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. 4. Completing the Project Without Delay and in Conformance with Requirements. The Sponsor must carry out and complete the project without undue delays and in accordance with this agreement, and the regulations, policies and procedures of the Secretary. The Sponsor also agrees to comply with the assurances which are part of this agreement. 5. Amendments or Withdrawals before Grant Acceptance. The FAA reserves the right to amend or withdraw-- this ithdrawthis offer at any time prior to its acceptance by the Sponsor. 6. Offer Expiration Date. This offer will expire and the United States will not be obligated to pay any part of the costs of the project unless this offer has been accepted by the Sponsor on or before July 24, 2015, or such subsequent date as may be prescribed in writing by the FAA. 7. Improper Use of Federal Funds. The Sponsor must 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 other 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 dispersed by the Sponsor that were originally paid pursuant to this or any other Federal grant agreement. The Sponsor must obtain the approval of the Secretary as to any determination of the amount of the Federal share of such funds. The Sponsor must return the recovered Federal share, including funds recovered by settlement, order, or judgment, to the Secretary. The Sponsor must furnish to the Secretary, upon request, all documents and records pertaining to the determination of the amount of the Federal share or to 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 require advance approval by the Secretary. 8. United States Not Liable for Damage or Injury. The United States is not be responsible or liable for damage to property or injury to persons which may arise from, or be incident to, compliance with this grant agreement. 9. System for Award Management SAM Registration And Universal Identifier. A. Requirement for System for Award Management (SAM): Unless the Sponsor is exempted from this requirement under 2 CFR 25.110, the Sponsor must maintain the currency of its information in the 2 3-27-0042-016-2015 SAM until the Sponsor submits the final financial report required under this grant, or receives the final payment, whichever is later. This requires that the Sponsor review and update the information at least annually after the initial registration and more frequently if required by changes in information or another award term. Additional information about registration procedures may be found at the SAM website (currently at http://www.sam.gov). B. Requirement for Data Universal Numbering System (DUNS) Numbers 1. The Sponsor must notify potential subrecipient that it cannot receive a contract unless it has provided its DUNS number to the Sponsor. A subrecipient means a consultant, contractor, or other entity that enters into an agreement with the Sponsor to provide services or other work to further this project, and is accountable to the Sponsor for the use of the Federal funds provided by the agreement, which may be provided through any legal agreement, including a contract. 2. The Sponsor may not make an award to a subrecipient unless the subrecipient has provided its DUNS number to the Sponsor. 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 866-492-0280) or the Internet (currently at http://fedgov.dnb.com/webform). 10. Electronic Grant Payment(s). Unless otherwise directed by the FAA, the Sponsor must make each payment request under this agreement electronically via the Delphi elnvoicing System for Department of Transportation (DOT) Financial Assistance Awardees. 11: Informal Letter Amendment of AIP Projects. If, during the life of the project, the FAA determines that the maximum grant obligation of the United States exceeds the expected needs of the Sponsor by $25,000 or five percent (5%), whichever is greater, the FAA can issue a letter to the Sponsor unilaterally reducing the maximum obligation. The FAA can also issue a letter to the Sponsor increasing the maximum obligation if there is an overrun in the total actual eligible and allowable project costs to cover the amount of the overrun provided it will not exceed the statutory limitations for grant amendments. If the FAA determines that a change in the grant description is advantageous and in the best interests of the United States, the FAA can issue a letter to the Sponsor amending the grant description. By issuing an Informal Letter Amendment, the FAA has changed the grant amount or grant description to the amount or description in the letter. 12. Air and Water Quality. The Sponsor is required to comply with all applicable air and water quality standards for all projects in this grant. If the Sponsor fails to comply with this requirement, the FAA may suspend, cancel, or terminate this grant. 13. Financial Reporting and Payment Requirements. The Sponsor will comply with all federal financial reporting requirements and payment requirements, including submittal of timely and accurate reports. 14. Buy American. Unless otherwise approved in advance by the FAA, the Sponsor 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 which funds are provided under this grant. The Sponsor will include a provision implementing Buy American in every contract. 15. Maximum Obligation Increase For Nonorimary Airports. In accordance with 49 U.S.C. § 47108(b), as amended, the maximum obligation of the United States, as stated in Condition No. 1 of this Grant Offer: A. May not be increased for a planning project; B. May be increased by not more than 15 percent for development projects; 3 3-27-0042-016-2015 May be increased by not more than 15 percent or by an amount not to exceed 25 percent of the total increase in allowable 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. 16. Suspension or Debarment. The Sponsor must inform the FAA when the Sponsor suspends or debars a contractor, person, or entity. 17. Ban on Texting While Driving. A. In accordance with Executive Order 13513, Federal Leadership on Reducing Text Messaging While Driving, October 1, 2009, and DOT Order 3902.10, Text Messaging While Driving, December 30, 2009, the Sponsor is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving when performing any work for, or on behalf of, the Federal government, including work relating to a grant or subgrant. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business, such as: a. Establishment of new rules and programs or re-evaluation of existing programs to prohibit text messaging while driving; and b. Education, awareness, and other outreach to employees about the safety risks associated with texting while driving. The Sponsor must insert the substance of this clause on banning texting while driving in all subgrants, contracts and subcontracts. 18. Trafficking in Persons. A. Prohibitions: The prohibitions against trafficking in persons (Prohibitions) that apply to any entity other than a State, local government, Indian tribe, or foreign public entity. This includes private Sponsors, public Sponsor employees, subrecipients of private or public Sponsors (private entity) are: 1. Engaging in severe forms of trafficking in persons during the period of time that the agreement is in effect; 2. Procuring a commercial sex act during the period of time that the agreement is in effect; or Using forced labor in the performance of the agreement, including subcontracts or subagreements under the agreement. B. In addition to all other remedies for noncompliance that are available to the FAA, Section 106(8) of the Trafficking Victims Protection Act of 2000 (NPA), as amended (22 U.S.C. 7104(8)), allows the FAA to unilaterally terminate this agreement, without penalty, if a private entity — 1. Is determined to have violated the Prohibitions; or Has an employee who the FAA determines has violated the Prohibitions through conduct that is either: a. Associated with performance under this agreement; or b. Imputed to the Sponsor or subrecipient using 2 CFR part 180, "OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," as implemented by the FAA at 49 CFR Part 29. 19. Exhibit "A" Property Map. The Exhibit "A" Property Map dated 8/12/2012, is incorporated herein by reference or is submitted with the project application and made part of this grant agreement. 4 3-27-0042-016-2015 20. Pavement Maintenance Management Program. The Sponsor agrees that it will implement an effective airport pavement maintenance management program as required by Grant Assurance Pavement Preventive Management. The Sponsor agrees that it will use the program for the useful life of any pavement constructed, reconstructed, or repaired with federal financial assistance at the airport. The Sponsor further agrees that the program will A. Follow FAA Advisory Circular 150/5380-6, "Guidelines and Procedures for Maintenance of Airport Pavements," for specific guidelines and procedures for maintaining airport pavements, establishing an effective maintenance program, specific types of distress and its probable cause, inspection guidelines, and recommended methods of repair; B. Detail the procedures to be followed to assure that proper pavement maintenance, both preventive and repair, is performed; C. Include a Pavement Inventory, Inspection Schedule, Record Keeping, Information Retrieval, and Reference, meeting the following requirements: 1. Pavement Inventory. The following must be depicted in an appropriate form and level of detail: a. Location of all runways, taxiways, and aprons; b. Dimensions; c. Type of pavement, and; d. Year of construction or most recent major rehabilitation. 2. Inspection Schedule. a. Detailed Inspection. A detailed inspection must be performed at least once a year. If a history of recorded pavement deterioration is available, i.e., Pavement Condition Index (PCI) survey as set forth in the Advisory Circular 150/5380-6, the frequency of inspections may be extended to three years. b. Drive -By Inspection. A drive-by inspection must be performed a minimum of once per month to detect unexpected changes in the pavement condition. For drive-by inspections, the date of inspection and any maintenance performed must be recorded. 3. Record Keeping. Complete information on the findings of all detailed inspections and on the maintenance performed must be recorded and kept on file for a minimum of five years. The type of distress, location, and remedial action, scheduled or performed, must be documented. The minimum information is: a. Inspection date; b. Location; c. Distress types; and d. Maintenance scheduled or performed. 4. Information Retrieval System. The Sponsor must be able to retrieve the information and records produced by the pavement survey to provide a report to the FAA as may be required. 21. Proiect which Contain Paving Work in Excess of $500,000. The Sponsor agrees to: A. Furnish a construction management program to the FAA prior to the start of construction which details the measures and procedures to be used to comply with the quality control provisions of the construction contract, including, but not limited to, all quality control provisions and tests required by the Federal specifications. The program must include as a minimum: 3-27-0042-016-2015 1. The name of the person representing the Sponsor who has overall responsibility for contract administration for the project and the authority to take necessary actions to comply with the contract. 2. Names of testing laboratories and consulting engineer firms with quality control responsibilities on the project, together with a description of the services to be provided. 3. Procedures for determining that the testing laboratories meet the requirements of the American Society of Testing and Materials standards on laboratory evaluation referenced in the contract specifications (D 3666, C 1077). 4. Qualifications of engineering supervision and construction inspection personnel. 5. A listing of all tests required by the contract specifications, including the type and frequency of tests to be taken, the method of sampling, the applicable test standard, and the acceptance criteria or tolerances permitted for each type of test. 6. Procedures for ensuring that the tests are taken in accordance with the program, that they are documented daily, and that the proper corrective actions, where necessary, are undertaken. B. Submit at completion of the project, a final test and quality control report documenting the results of all tests performed, highlighting those tests that failed or that did not meet the applicable test standard. The report must include the pay reductions applied and the reasons for accepting any out - of -tolerance material. An interim test and quality control report must be submitted, if requested by the FAA. C. Failure to provide a complete report as described in paragraph b, or failure to perform such tests, will, absent any compelling justification; result in a reduction in Federal participation for costs incurred in connection with construction of the applicable pavement. Such reduction will be at the discretion of the FAA and will be based on the type or types of required tests not performed or not documented and will be commensurate with the proportion of applicable pavement with respect to the total pavement constructed under the grant agreement. D. The FAA, at its discretion, reserves the right to conduct independent tests and to reduce grant payments accordingly if such independent tests determine that sponsor test results are inaccurate. The Sponsor's acceptance of this Offer and ratification and adoption of the Project Application incorporated herein shall be evidenced by execution of this instrument by the Sponsor, as hereinafter provided, and this Offer and Acceptance shall comprise a Grant Agreement, as provided by the Act, consti- tuting the contractual obligations and rights of the United States and the Sponsor with respect to the accomplishment of the Project and compliance with the assurances and conditions as provided herein. Such Grant Agreement shall become effective upon the Sponsor's acceptance of this Offer. UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION (Signature) Andy Peek _ (Typed Name) Assistant Manager (Title) 6 3-27-0042-016-2015 PART 11 - ACCEPTANCE The Sponsor does hereby ratify and adopt all assurances, statements, representations, warranties, covenants, and agreements contained in the Project Application and incorporated materials referred to in the foregoing Offer, and does hereby accept this Offer and by such acceptance agrees to comply with all of the terms and conditions in this Offer and in the Project Application. I declare under penalty of perjury that the foregoing is true and correct.' Executed this 14th day of _ July , 2015 City of Hutchinson _ (Name of Sponsor) (Signature of Sponsor's Designated Official Representative) By: _Gary Forcier (Typed Name of Sponsor's Designated Official Representative) Title: Mayor (Title of Sponsor's Designated Official Representative) CERTIFICATE OF SPONSOR'S ATTORNEY Marc Sebora acting as Attorney for the Sponsor do hereby certify: That in my opinion the Sponsor is empowered to enter into the foregoing Grant Agreement under the laws of the State of Minnesota . Further, I have examined the foregoing Grant Agreement and the actions taken by said Sponsor and Sponsor's official representative has been duly authorized and that the execution thereof is in all respects due and proper and in accordance with the laws of the said State and the Act. In addition, for grants involving projects to be carried out on property not owned by the Sponsor, there are no legal impediments that will prevent full performance by the Sponsor. Further, it is my opinion that the said Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at Hutchinson, MN (location) this 14th day of July 0 2015 By: (Signature of Sponsor's Attorney) ' Knowingly and willfully providing false information to the Federal government is a violation of 18 U.S.C. Section 1001 (False Statements) and could subject you to fines, imprisonment, or both. 7 ASSURANCES AIRPORT SPONSORS A. General. 3-27-0042-016-2015 a. 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. b. These assurances are required to be submitted as part of the project application by sponsors requesting funds under the provisions of Title 49, U.S.C., subtitle VII, as amended. As used herein, the term "public agency sponsor" means a public agency with control of a public -use airport; the term "private sponsor" means a private owner of a public -use airport; and the term "sponsor" includes both public agency sponsors and private sponsors. c. Upon acceptance of this grant offer by the sponsor, these assurances are incorporated in and become part of this grant agreement. B. Duration and Applicability. Airport development or Noise Compatibility Program Projects Undertaken by a Public Agency Sponsor. The terms, conditions and assurances of this 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 this grant agreement, only Assurances 1, 2, 3, 5, 6, 13, 18, 25, 30, 32, 33, and 34 in Section C apply to planning projects. The terms, conditions, and assurances of this grant agreement shall remain in full force and effect during the life of the project; 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. C. Sponsor Certification. The sponsor hereby assures and certifies, with respect to this grant that: 1. General Federal Requirements. 8 3-27-0042-016-2015 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 seq.' C. Federal Fair Labor Standards Act - 29 U.S.C. 201, et seq. d. Hatch Act — 5 U.S.C. 1501, et seg.z e. Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 Title 42 U.S.C. 4601, et sea.lz 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. k. Flood Disaster Protection Act of 1973 - Section 102(a) - 42 U.S.C. 4012a.1 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. Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252) (prohibits discrimination on the basis of race, color, national origin); o. Americans with Disabilities Act of 1990, as amended, (42 U.S.C. § 12101 et seq.), prohibits discrimination on the basis of disability). p. Age Discrimination Act of 1975 - 42 U.S.C. 6101, et seq. q. American Indian Religious Freedom Act, P.L. 95-341, as amended. r. Architectural Barriers Act of 1968 -42 U.S.C. 4151, et seq.' Power plant and Industrial Fuel Use Act of 1978 - Section 403- 2 U.S.C. 8373.1 S. Contract Work Hours and Safety Standards Act - 40 U.S.C. 327, et seq.' t. Copeland Anti -kickback Act - 18 U.S.C. 874.1 U. National Environmental Policy Act of 1969 - 42 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 seg .2 X. Drug -Free Workplace Act of 1988 - 41 U.S.C. 702 through 706. y. The Federal Funding Accountability and Transparency Act of 2006, as amended (Pub. L. 109- 282, as amended by section 6202 of Pub. L. 110-252). 9 3-27-0042-016-2015 EXECUTIVE ORDERS a. Executive Order 11246 - Equal Employment Opportunity' 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. 2 CFR Part 180 - OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement). b. 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. [OMB Circular A-87 Cost Principles Applicable to Grants and Contracts with State and Local Governments, and OMB Circular A-133 - Audits of States, Local Governments, and Non -Profit Organizations].4,5,e c. 2 CFR Part 1200 — Nonprocurement Suspension and Debarment d. 14 CFR Part 13 - Investigative and Enforcement Procedures14 CFR Part 16 - Rules of Practice For Federally Assisted Airport Enforcement Proceedings. e. 14 CFR Part 150 - Airport noise compatibility planning. f. 28 CFR Part 35- Discrimination on the Basis of Disability in State and Local Government Services. g. 28 CFR § 50.3 - U.S. Department of Justice Guidelines for Enforcement of Title VI of the Civil Rights Act of 1964. h. 29 CFR Part 1 - Procedures for predetermination of wage rates.' i. 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.' j. 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).' k. 41 CFR Part 60 - Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor (Federal and federally assisted contracting requirements).' I. 49 CFR Part 18 - Uniform administrative requirements for grants and cooperative agreements to state and local governments.3 m. 49 CFR Part 20 - New restrictions on lobbying. n. 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. o. 49 CFR Part 23 - Participation by Disadvantage Business Enterprise in Airport Concessions. p. 49 CFR Part 24 — Uniform Relocation Assistance and Real Property Acquisition for Federal and Federally Assisted Programs.1z 10 3-27-0042-016-2015 49 CFR Part 26 — Participation by Disadvantaged Business Enterprises in Department of Transportation Programs. r. 49 CFR Part 27 — Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance.' s. 49 CFR Part 28 — Enforcement of Nondiscrimination on the Basis of Handicap in Programs or Activities conducted by the Department of Transportation. t. 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. u. 49 CFR Part 32 — Governmentwide Requirements for Drug -Free Workplace (Financial Assistance) v. 49 CFR Part 37 — Transportation Services for Individuals with Disabilities (ADA). w. 49 CFR Part 41- Seismic safety of Federal and federally assisted or regulated new building construction. SPECIFIC ASSURANCES Specific assurances required to be included in grant agreements by any of the above laws, regulations or circulars are incorporated by reference in this grant agreement. FOOTNOTES TO ASSURANCE C.1. ' These laws do not apply to airport planning sponsors. These laws do not apply to private sponsors. : 49 CFR Part 18 and 2 CFR Part 200 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. 4 On December 26, 2013 at 78 FR 78590, the Office of Management and Budget (OMB) issued the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards in 2 CFR Part 200. 2 CFR Part 200 replaces and combines the former Uniform Administrative Requirements for Grants (OMB Circular A-102 and Circular A-110 or 2 CFR Part 215 or Circular) as well as the Cost Principles (Circulars A-21 or 2 CFR part 220; Circular A-87 or 2 CFR part 225; and A-122, 2 CFR part 230). Additionally it replaces Circular A-133 guidance on the Single Annual Audit. In accordance with 2 CFR section 200.110, the standards set forth in Part 200 which affect administration of Federal awards issued by Federal agencies become effective once implemented by Federal agencies or when any future amendment to this Part becomes final. Federal agencies, including the Department of Transportation, must implement the policies and procedures applicable to Federal awards by promulgating a regulation to be effective by December 26, 2014 unless different provisions are required by statute or approved by OMB. 5 Cost principles established in 2 CFR part 200 subpart E must be used as guidelines for determining the eligibility of specific types of expenses. 5 Audit requirements established in 2 CFR part 200 subpart F are the guidelines for audits. 2. Responsibility and Authority of the Sponsor. a. Public Agency Sponsor: It has legal authority to apply for this 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 12 3-27-0042-016-2015 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 this 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 this grant agreement which it will own or control. 4. Good Title. a. It, a public agency or the Federal government, holds good title, satisfactory to the Secretary, to the landing area of the airport or site thereof, or will give assurance satisfactory to the Secretary that good title will be acquired. 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. 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 this 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. 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 this 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 this 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. 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 12 3-27-0042-016-2015 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. 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. If the sponsor is a private sponsor, it will take steps satisfactory to the Secretary to ensure that the airport will continue to function as a public -use airport in accordance with these assurances for the duration of these assurances. If an arrangement is made for management and operation of the airport by any agency or person other than the sponsor or an employee of the sponsor, the sponsor will reserve sufficient rights and authority to insure that the airport will be operated and maintained in accordance Title 49, United States Code, the regulations and the terms, conditions and assurances in this 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. 13 3-27-0042-016-2015 10. Metropolitan Planning Organization. In projects involving the location of an airport, an airport runway, or a major runway extension at a medium or large hub airport, the sponsor has made available to and has provided upon request to the metropolitan planning organization in the area in which the airport is located, if any, a copy of the proposed amendment to the airport layout plan to depict the project and a copy of any airport master plan in which the project is described or depicted. 11. Pavement Preventive Maintenance. With respect to a project approved after January 1, 1995, for the replacement or reconstruction of pavement at the airport, it assures or certifies that it has implemented an effective airport pavement maintenance -management program and it assures that it will use such program for the useful life of any pavement constructed, reconstructed or repaired with Federal financial assistance at the airport. It will provide such reports on pavement condition and pavement management programs as the Secretary determines may be useful. 12. Terminal Development Prerequisites. For projects which include terminal development at a public use airport, as defined in Title 49, it has, on the date of submittal of the project grant application, all the safety equipment required for certification of such airport under section 44706 of Title 49, United States Code, and all the security equipment required by rule or regulation, and has provided for access to the passenger enplaning and deplaning area of such airport to passengers enplaning and deplaning from aircraft other than air carrier aircraft. 13. Accounting System, Audit, and Record Keeping Requirements. It shall keep all project accounts and records which fully disclose the amount and disposition by the recipient of the proceeds of this grant, the total cost of the project in connection with which this 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 this 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 this 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 this 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. 14 3-27-0042-016-2015 15. Veteran's Preference. It shall include in all contracts for work on any project funded under this 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 this grant agreement. 17. Construction Inspection and Approval. It will provide and maintain competent technical supervision at the construction site throughout the project to assure that the work conforms to the plans, specifications, and schedules approved by the Secretary for the project. It shall subject the construction work on any project contained in an approved project application to inspection and approval by the Secretary and such work shall be in accordance with regulations and procedures prescribed by the Secretary. Such regulations and procedures shall require such cost and progress reporting by the sponsor or sponsors of such project as the Secretary shall deem necessary. 18. Planning Projects. In carrying out planning projects: a. It will execute the project in accordance with the approved program narrative contained in the project application or with the modifications similarly approved. b. It will 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. 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. 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. 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 15 3-27-0042-016-2015 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. 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 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. 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. 16 3-27-0042-016-2015 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. a.) 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. b.) 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. c.) Each air carrier using such airport (whether as a tenant, non -tenant, 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 non -tenants and signatory carriers and non -signatory 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. d.) 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. e.) 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. f.) 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. g.) 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: 17 3-27-0042-016-2015 a. It would be unreasonably costly, burdensome, or impractical for more than one fixed -based operator to provide such services, and b. If allowing more than one fixed -based operator to provide such services would require the reduction of space leased pursuant to an existing agreement between such single fixed -based operator and such airport. It further agrees that it will not, either directly or indirectly, grant or permit any person, firm, or corporation, the exclusive right at the airport to conduct any aeronautical activities, including, but not limited to charter flights, pilot training, aircraft rental and sightseeing, aerial photography, crop dusting, aerial advertising and surveying, air carrier operations, aircraft sales and services, sale of aviation petroleum products whether or not conducted in conjunction with other aeronautical activity, repair and maintenance of aircraft, sale of aircraft parts, and any other activities which because of their direct relationship to the operation of aircraft can be regarded as an aeronautical activity, and_that it will terminate any exclusive right to conduct an aeronautical activity now existing at such an airport before the grant of any assistance under Title 49, United States Code. 24. Fee and Rental Structure. It will maintain a fee and rental structure for the facilities and services at the airport which will make the airport as self-sustaining as possible under the circumstances existing at the particular airport, taking into account such factors as the volume of traffic and economy of collection. No part of the Federal share of an airport development, airport planning or noise compatibility project for which a grant is made under Title 49, United States Code, the Airport and Airway Improvement Act of 1982, the Federal Airport Act or the Airport and Airway Development Act of 1970 shall be included in the rate basis in establishing fees, rates, and charges for users of that airport. 25. Airport Revenues. 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. 18 3-27-0042-016-2015 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. a.) 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. b.) 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: 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 this 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. by gross weights of such aircraft) is in excess of five million pounds Five (5) or more Government aircraft are regularly based at the airport or on land adjacent thereto; or 19 3-27-0042-016-2015 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. 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. 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 nonaviation 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. a.) 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 promptly take any measures necessary to ensure that no person in the United States shall, on the grounds of race, creed, color, national origin, sex, age, or disability be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in any activity conducted with, or benefiting from, funds received from this grant. 20 3-27-0042-016-2015 a. Using the definitions of activity, facility and program as found and defined in §§ 21.23 (b) and 21.23 (e) of 49 CFR § 21, the sponsor will facilitate all programs, operate all facilities, or conduct all programs in compliance with all non-discrimination requirements imposed by, or pursuant to these assurances. b. Applicability 1) Programs and Activities. If the sponsor has received a grant (or other federal assistance) for any of the sponsor's program or activities, these requirements extend to all of the sponsor's programs and activities. 2) Facilities. Where it receives a grant or other federal financial assistance to construct, expand, renovate, remodel, alter or acquire a facility, or part of a facility, the assurance extends to the entire facility and facilities operated in connection therewith. 3) Real Property. Where the sponsor receives a grant or other Federal financial assistance in the form of, or for the acquisition of real property or an interest in real property, the assurance will extend to rights to space on, over, or under such property. c. Duration. The sponsor agrees that it is obligated to this assurance 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) So long as the airport is used as an airport, or for another purpose involving the provision of similar services or benefits; or 2) So long as the sponsor retains ownership or possession of the property. d. Required Solicitation Language. It will include the following notification in all solicitations for bids, Requests For Proposals for work, or material under this grant agreement and in all proposals for agreements, including airport concessions, regardless of funding source: "The City of Hutchinson, in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 U.S.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all bidders that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises and airport concession disadvantaged business enterprises will be afforded full and fair opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award." e. Required Contract Provisions, 1) It will insert the non-discrimination contract clauses requiring compliance with the acts and regulations relative to non-discrimination in Federally -assisted programs of the DOT, and incorporating the acts and regulations into the contracts by reference in every contract or agreement subject to the non-discrimination in Federally -assisted programs of the DOT acts and regulations. 2) It will include a list of the pertinent non-discrimination authorities in every contract that is subject to the non-discrimination acts and regulations. 3) It will insert non-discrimination contract clauses as a covenant running with the land, in any deed from the United States effecting or recording a transfer of real property, 21 3-27-0042-016-2015 structures, use, or improvements thereon or interest therein to a sponsor. 4} It will insert non-discrimination contract clauses prohibiting discrimination on the basis of race, color, national origin, creed, sex, age, or handicap as a covenant running with the land, in any future deeds, leases, license, permits, or similar instruments entered into by the sponsor with other parties: a.) For the subsequent transfer of real property acquired or improved under the applicable activity, project, or program; and b.) For the construction or use of, or access to, space on, over, or under real property acquired or improved under the applicable activity, project, or program. f. It will provide for such methods of administration for the program as are found by the Secretary to give reasonable guarantee that it, other recipients, sub -recipients, sub -grantees, contractors, subcontractors, consultants, transferees, successors in interest, and other participants of Federal financial assistance under such program will comply with all requirements imposed or pursuant to the acts, the regulations, and this assurance. g. It agrees that the United States has a right to seek judicial enforcement with regard to any matter arising under the acts, the regulations, and this assurance. 31. Disposal of Land. For land purchased under a grant for airport noise compatibility purposes, including land serving as a noise buffer, 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 be, 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 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. 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 22 3-27-0042-016-2015 an approved noise compatibility project at that airport, and (5) paid to the Secretary for deposit in the Airport and Airway Trust Fund. 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. 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 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. 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 advisory circulars listed in the Current FAA Advisory Circulars for AIP projects, dated March 20, 2014 and included in this grant, and in accordance with applicable state policies, standards, and specifications approved by the Secretary. 35. Relocation and Real Property Acquisition. 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. 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. c. 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. 23 3-27-0042-016-2015 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 sponsor shall not discriminate on the basis of race, color, national origin or sex in the award and performance of any DOT -assisted contract covered by 49 CFR Part 26, or in the award and performance of any concession activity contract covered by 49 CFR Part 23. In addition, the sponsor shall not discriminate on the basis of race, color, national origin or sex in the administration of its DBE and ACDBE programs or the requirements of 49 CFR Parts 23 and 26. The sponsor shall take all necessary and reasonable steps under 49 CFR Parts 23 and 26 to ensure nondiscrimination in the award and administration of DOT -assisted contracts, and/or concession contracts. The sponsor's DBE and ACDBE programs, as required by 49 CFR Parts 26 and 23, and as approved by DOT, are incorporated by reference in this agreement. Implementation of these programs is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the sponsor of its failure to carry out its approved program, the Department may impose sanctions as provided for under Parts 26 and 23 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 1936 (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 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. 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 which, if any, the airport will be able to accommodate the 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. 24 3-27-0042-016-2015 pL AV I,4� 1 'y FAA po q Airports Current FAA Advisory Circulars Required for Use in AIP Funded and PFC Approved Projects Updated: 2/11/2015 View the most current versions of these ACs and any associated changes at- http://www.faa.gov/airports/resources/advisorycirculars NUMBER TITLE 70/7460-1K Obstruction Marking and Lighting 150/5020-1 Noise Control and Compatibility Planning for Airports 150/5070-613 Change 2 Airport Master Plans 150/5070-7 Change 1 150/5100-13B The Airport System Planning Process Development of State Standards for Nonprimary Airports Notices to Airmen (NOTAMS) for Airport Operators 150/5200-28D 150/5200-30C Change 1 Airport Winter Safety And Operations 150/5200-31C Changes 1-2 Airport Emergency Plan 150/5210-51) 150/5210-71) Painting, Marking, and Lighting of Vehicles Used on an Airport Aircraft Rescue and Fire Fighting Communications Airport Water Rescue Plans and Equipment Aircraft Rescue Fire Fighting Equipment, Tools and Clothing 150/5210-13C 150/5210-14B 150/5210-15A Aircraft Rescue and Firefighting Station Building Design Systems for Interactive Training of Airport Personnel — 150/5210-18A 25 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014 3-27-0042-016-2015 NUMBER TITLE 150/5210-19A Driver's Enhanced Vision System (DEVS) Ground Vehicle Operations on Airports 150/5220-10E Guide Specification for Aircraft Rescue and Fire Fighting (ARFF) Vehicles 150/5220-16D Automated Weather Observing Systems (AWOS) for Non -Federal Applications Aircraft Rescue and Fire Fighting (ARFF) Training Facilities 150/5220-17B 150/5220-18A Buildings for Storage and Maintenance of Airport Snow and Ice Control Equipment and Materials 150/5220-20A Airport Snow and Ice Control Equipment 150/5220-21C Aircraft Boarding Equipment 150/5220-22B Engineered Materials Arresting Systems (EMAS) for Aircraft Overruns 150/5220-23 Frangible Connections 150/5220-24 Foreign Object Debris Detection Equipment 150/5220-25 Airport Avian Radar Systems Airport Ground Vehicle Automatic Dependent Surveillance - Broadcast (ADS -B) Out Squitter Equipment FAA Policy on Facility Relocations Occasioned by Airport Improvements of Changes Airport Design 150/5220-26 Change 1 150/5300-76 150/5300-13A Change 1 150/5300-14C Design of Aircraft Deicing Facilities 150/5300-16A General Guidance and Specifications for Aeronautical Surveys: Establishment of Geodetic Control and Submission to the National Geodetic Survey Standards for Using Remote Sensing Technologies in Airport Surveys 150/5300-17C 150/5300-18B Change 1 General Guidance and Specifications for Submission of Aeronautical Surveys to NGS: Field Data Collection and Geographic Information System (GIS) Standards Airport Drainage Design Airport Pavement Design and Evaluation Measurement, Construction, and Maintenance of Skid Resistant Airport Pavement Surfaces 150/5320-51) 150/5320-6E 150/5320-12C Changes 1-8 26 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014 3-27-0042-016-2015 NUMBER TITLE 150/5320-15A Management of Airport Industrial Waste 150/5235-413 Runway Length Requirements for Airport Design 150/5335-5C Standardized Method of Reporting Airport Pavement Strength - PCN 150/5340-11- Standards for Airport Markings Segmented Circle Airport Marker System Standards for Airport Sign Systems 150/5340-51) 150/5340-18F 150/5340-26C Maintenance of Airport Visual Aid Facilities 150/5340-30H Design and Installation Details for Airport Visual Aids 150/5345-3G Specification for L-821, Panels for the Control of Airport Lighting 150/5345-56 Circuit Selector Switch Specification for L-824 Underground Electrical Cable for Airport Lighting Circuits 150/5345-7F 150/5345-10H Specification for Constant Current Regulators and Regulator Monitors 150/5345-12F Specification for Airport and Heliport Beacons Specification for L-841 Auxiliary Relay Cabinet Assembly for Pilot Control of Airport Lighting Circuits FAA Specification For L-823 Plug and Receptacle, Cable Connectors Specification for Wind Cone Assemblies Precision Approach Path Indicator (PAPI) Systems Specification for L-853, Runway and Taxiway Retro reflective Markers Specification for Airport Light Bases, Transformer Housings, Junction Boxes, and Accessories 150/5345-13B 150/5345-26D 150/5345-27E 150/5345-28G 150/5345-39D 150/5345-42G 150/5345-43G Specification for Obstruction Lighting Equipment 150/5345-44J Specification for Runway and Taxiway Signs 150/5345-45C Low -Impact Resistant (LIR) Structures 150/5345-46D Specification for Runway and Taxiway Light Fixtures 27 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014 3-27-0042-016-2015 NUMBER TITLE 150/5345-47C Specification for Series to Series Isolation Transformers for Airport Lighting Systems 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 Flashing Light Equipment 150/5345-52A Generic Visual Glideslope 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 Lighting Systems 150/5345-55A Specification for L-893, Lighted Visual Aid to Indicate Temporary Runway Closure Specification for L-890 Airport Lighting Control and Monitoring System (ALCMS) 150/5345-56B 150/5360-12F Airport Signing and Graphics 150/5360-13 Change 1 Planning and Design Guidelines for Airport Terminal Facilities 150/5360-14 Access to Airports By Individuals With Disabilities 150/5370-21' Operational Safety on Airports During Construction 150/5370-10G Standards for Specifying Construction of Airports Use of Nondestructive Testing in the Evaluation of Airport Pavements Off -Peak Construction of Airport Pavements Using Hot -Mix Asphalt Airside Applications for Artificial Turf 150/5370-11B 150/5370-13A 150/5370-15B 150/5370-16 Rapid Construction of Rigid (Portland Cement Concrete) Airfield Pavements 150/5370-17 Airside Use of Heated Pavement Systems Airport Pavement Management Program Guidelines and Procedures for Measuring Airfield Pavement Roughness 150/5380-713 150/5380-9 150/5390-2C Heliport Design 150/5395-1A Seaplane Bases 28 FAA Advisory Circulars Required for Use AIP Funded and PFC Approved Projects Updated 3/20/2014 3-27-0042-016-2015 THE FOLLOWING ADDITIONAL APPLY TO AIP PROJECTS ONLY Updated: 3/7/2014 NUMBER TITLE 150/5100-14E Architectural, Engineering, and Planning Consultant Services for Airport Grant Projects 150/5100-17 Changes 1- 6 Land Acquisition and Relocation Assistance for Airport Improvement Program Assisted Projects Predesign, Prebid, and Preconstruction Conferences for Airport Grant Projects Use of Value Engineering for Engineering Design of Airports Grant Projects Airfield Pavement Surface Evaluation and Rating (PASER) Manuals Construction Progress and Inspection Report—Airport Improvement Program (AIP) 150/5300-913 150/5300-15A 150/5320-17A 150/5370-6D 150/5370-12A Quality Control of Construction for Airport Grant Projects 29 June 28, 2005 Rev. #1, 7/06 Mn/DOT Agreement No. 1001157 State Project No. A4304-33 GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION This Agreement is by and between the State of Minnesota acting through its Commissioner of Transportation ("State"), and the Citv of Hutchinson ("Recipient"). WHEREAS, the Recipient desires the financial assistance of the State for an airport improvement project ("Project") as described in Article 2 below; and WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 (subdivisions 13 & 14) and 360.305 to provide financial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance of airports and other air navigation facilities; and WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airport improvement Project. 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 until September 30, 2019. 2. The following table provides a description of the Project and shows a cost participation breakdown for each item of work: Item Description Federal Share State Share Local Share Runway and Taxiway Pavement Reconstruction 89.3% 5.6% 5.1% 3. The Project costs will not exceed S 2,412,150.31. The proportionate shares of the Project costs are: Federal: Committed S 2,154,164.00, Multi -Year Amount: $ 0.00; State: S 134,583.00, and Recipient: S 123,403.31. This project is not estimated to be completed this fiscal year and the federal multiyear amount is an estimate only. These additional funds are not committed by the state and are only available after being made so by the U.S. government. Federal funds for the Project will be received and disbursed by the State. In the event federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such federal funds an amount not to exceed the state funds advanced for this Project. No funds are committed under this Agreement until they are encumbered by the State. No more than 95% of the amount due under this Agreement will be paid by the State until the State determines that the Recipient has complied with all terms of this Agreement, and furnished all necessary records. 4. The Recipient will designate a registered engineer (the "Project Engineer") to oversee the Project work. If, with the State's approval, the Recipient elects not to have such services performed by a registered engineer, then the Recipient will designate another responsible person to oversee such work, and any references herein to the "Project Engineer" will apply to such responsible person. 5. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project, which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes in the plans or specifications of the Project after the date of this Agreement will be valid only if made by written change order signed by the Recipient, the Project Engineer, and the contractor. Change orders must be submitted to the State. Subject to the availability of funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costs of qualifying change orders. 6. The Recipient will make payments to its contractor on a work -progress basis. The Recipient will submit requests for reimbursement of certified costs to the State on state -approved forms. The State will reimburse the Recipient for the state and federal shares of the approved Project costs. a. At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no later than one month after the work covered by the estimate is completed. The Project Engineer and the contractor must certify that each partial estimate is true and correct, and that the costs have not been included on a previous estimate. Page 1 of 4 b. Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). c. Following certification of the partial estimate, the Recipient may request reimbursement from the State for costs eligible for federal and state participation. A copy of the partial estimate must be included with the Recipient's request for payment. Reimbursement requests and partial estimates should not be submitted if they cover a period in which there was no progress on the Project. d. Upon completion of the Project(s), the Recipient will prepare a final estimate in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient, Project Engineer and the contractor. e. Following certification of the final estimate, the Recipient will make final payment to the contractor in accordance with the terms of the contract, special provisions, and standard specifications for the Project(s). f. Following certification of the final estimate, the Recipient may request reimbursement from the State for costs eligible for federal and state participation. A request for final payment must be submitted to the State along with those project records required by the State. 7. For a Project which involves the purchase of equipment, the Recipient will be reimbursed by the State in one lump sum after the Recipient: (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proof of payment to the State, and (3) a certificate that the equipment is not defective and is in good working order. The Recipient will keep such equipment, properly stored, in good repair, and will not use the equipment for any purpose other than airport operations. 8. If the Project involves force -account work or project donations, the Recipient must obtain the written approval of the State and Federal Aviation Administration (FAA). Force -account work performed or project donations received without written approval by the State will not be reimbursed under this Agreement. Force -account work must be done in accordance with the schedule of prices and terms established by the Recipient and approved by the State. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (g) (1), the Recipient will operate its airport as a licensed, municipally -owned public airport at all times of the year for a period of 20 years from the date the Recipient receives final reimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronautical purposes only. The Recipient will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real or personal property, which is purchased or improved with State aid funds without prior written approval from the State. If the State approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the State may place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement. 10. This Agreement may be terminated by the Recipient or State at any time, with or without cause, upon ninety (90) days written notice to the other party. Such termination will not remove any unfulfilled financial obligations of the Recipient as set forth in this Agreement. In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expenses incurred for work satisfactorily performed on the Project up to the date of termination. The State may immediately terminate this Agreement if it does not receive sufficient funding from the Minnesota Legislature or other funding source, or such funding is not provided at a level sufficient to allow for the continuation of the work covered by this Agreement. In the event of such termination, the Recipient will be reimbursed for work satisfactorily performed up to the effective date of such termination to the extent that funds are available. In the event of any complete or partial state government shutdown due to a failure to have a budget approved at the required time, the State may suspend this Agreement, upon notice to the Recipient, until such government shutdown ends, and the Recipient assumes the risk of non-payment for work performed during such shutdown. 11. Pursuant to Minnesota Rules 8800.2500, the Recipient certifies that (1) it presently has available sufficient unencumbered funds to pay its share of the Project; (2) the Project will be completed without undue delay, and (3) the Recipient has the legal authority to engage in the Project as proposed. 12. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the Recipient will maintain such records and provide such information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, or the State Auditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreement for a minimum of six years after the expiration of this Agreement. Page 2 of 4 13. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited to, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement. 14. The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate, either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred parry acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not prevent the Recipient from utilizing these funds to pay any parry who might be disqualified or debarred after the Recipient's contract award on this Project. 15. 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. 16. The amount of this Agreement is limited to the dollar amounts as defined in Article 3 above. Any cost incurred above the amount obligated by the State is done without any guarantee that these costs will be reimbursed in any way. A change to this Agreement will be effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or their successors in office. 17. For projects that include consultant services, the Recipient and its consultant will conduct the services in accordance with the work plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office of Aeronautics. The work plan is incorporated into this Agreement by reference. The Recipient will confer on a regular basis with the State to coordinate the design and development of the services. 18. The parties must comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a party pursuant to this Agreement. 19. 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. 20. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to, Title 14 Code of Federal Regulations, subchapter I, part 151; and Minnesota Rules Chapter 8800. The Catalog of Federal Domestic Assistance (CFDA) number for the federal Airport Improvement Program is 20.106. 21. For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and state laws, rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the project in accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws. 22. Under this Agreement, the State is only responsible for receiving and disbursing federal and state funds. Nothing in this Agreement will be construed to make the State a principal, co-principal, partner, or joint venturer with respect to the Project(s) covered herein. The State may provide technical advice and assistance as requested by the Recipient, however, the Recipient will remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities. The Recipient's consultants and contractors are not intended to be third party beneficiaries of this Agreement. Page 3 of 4 State Encumbrance Verification Individual certifies that funds have been encumbered as required by Minn. Stat §§ 16A.15 and 16C.05. wa Date SWIFT Purchase Order: 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: Gary Forcier Title Date: 07/14/2015 M3 Title: City Administrator Date Commissioner, Minnesota Department of Transportation 12 Director, Office of Aeronautics Date Mn/DOT Contract Management as to form & execution 12 Date Page 4 of 4 Rev/ 1-07 RESOLUTION NO. 14441 AUTHORIZATION TO EXECUTE MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION It is resolved by the City of Hutchinson MN as follows: 1. That the state of Minnesota Agreement No. 1001157, "Grant Agreement for Airport Improvement Excluding Land Acquisition," for State Proj ect No. A4304-33 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 MN. Adopted by the Hutchinson City Council this 14th day of July, 2015 City Administrator, Matt Jaunich Mayor, Gary Forcier CERTIFICATION STATE OF MINNESOTA COUNTY OF MCLEOD I certify that the above Resolution is a true and correct copy of the Resolution adopted by the City of Hutchinson MN at an authorized meeting held on the 14th day of July, 2015 as shown by the minutes of the meeting in my possession. Signature: (Clerk or Equivalent) NOTARY PUBLIC My Commission Expires: HUTCHINSON CITY COUNCIL c'=y-fAa� Request for Board Action 7AL =-ft Agenda Item: City Administrator Contract Amendment Department: Legal LICENSE SECTION Meeting Date: 7/14/2015 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 OF AGENDA ITEM: The current contract between the City of Hutchinson and the City Administrator, Matt Jaunich, calls for a performance review after Mr. Jaunich's first six months of service. I have received questions regarding the value of having this six month review considering the short time Mr. Jaunich has been employed and the fact he had an initial review just three months ago. Therefore, in order that his next review be more meaningful to the parties, it is suggested that Mr. Jaunich's next performance review take place at the end of the year and annually thereafter. BOARD ACTION REQUESTED: Approve employment agreement amendment. 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: EMPLOYMENT AGREEMENT AMENDMENT Section 2 of the employment agreement between the City of Hutchinson and Matthew Jaunich is amended as follows: 2. SALARY. Employer shall pay Employee a salary of $103,000.00 per year starting January 12, 2015. The City Administrator salary shall be paid in bi-weekly installments at the same time as pay is issued to all other city employees. Employer and Employee agree that an initial performance review will be conducted on Employee after three (3) months, at si�E (6) mss, and annually thereafter at the end of each calendar year. The Employer agrees to consider an increase in compensation to the Employee dependent upon the results of the performance evaluation and consistent with the City of Hutchinson annual Compensation Plan. No other provisions of the original agreement are affected by this amendment. EMPLOYER: EMPLOYEE: CITY OF HIJTCHINSON BY: Its Mayor — Gary T. Forcier Matthew Jaunich Its City Attorney — Marc A. Sebora 1 HUTCHINSON CITY COUNCIL c'=y-fAa� Request for Board Action 7AL =-ft Agenda Item: Calling Budget Workshop Meetings for 4 pm on July 28 and Aug. 11 &25 Department: Administration LICENSE SECTION Meeting Date: 7/14/2015 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff ❑ New Business Time Requested (Minutes): 1 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OF AGENDA ITEM: With the preliminary budget and tax levy in need of being approved by the city council in early September, staff is requesting some time to discuss some of the details of the early budget. To assist us with that process, I would like to have a couple of workshops between now and the beginning of September. I'll be asking the Council to call 3 special workshop meetings. The dates and purposes of the those meetings are as follows: July 28 @ 4 pm -- Discussion on Capital Improvement Plan (CIP) August 11 @ 4 pm -- Discussion on Preliminary Budget Numbers & Tax Levy August 25 @ 4 pm -- Follow up from August 11 Workshop and Presentation of Preliminary Budget BOARD ACTION REQUESTED: Approval of calling special budget workshop meetings for 4:00 p.m. on July 28 and August 11 & 25 Fiscal Impact: $ 0.00 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: To: Mayor and Council From: Candice Woods, Liquor Hutch Director Date: 07/01/2015 Re: Liquor Hutch Sales January—June 2015 Year to Date Customer Count: 106,310 110,627 4.1% increase Average Sale per Customer: $24.10 $24.25 $ 0.15 increase Gross Profit Percentage: 25.50% 24.70% 0.8% decrease Store Activity Highlights (May —June): • Employee Training — MN Spirits Distillery J. Carver and MN Winery Sovereign Estates • Keyholder Team Meeting —focus on review of policy/procedures and training schedules for five new part time employees • Spring Pub Club Event— Excelsior Brewing — 70+ attendees • All product moved, floors refinished and sales floor reset to maximize summer profits • GrapeVine Tasting event held May 7th resulted in sales of $3,415 • Vodka section reset to provide space for new flavors and maximize profits • Candice Woods attended MMBA Annual Conference — lots of useful information and networking. Full Time Employees also attended seminars on Saturday and Sunday • Memorial Day, Graduation, Winstock, Water Carnival events within this time... BUSY! • Quotes for Import Cooler Refrigeration update received and project dates planned • Video Surveillance needs reviewed with two providers for 2016 budget CIP • Preliminary 2016 budget submitted • Overall Gross Profits — increasing pressure on pricing due to new competition in our market is resulting in lower profit margins on many items, continued review and pricing adjustments on all items will be a priority moving forward GP% goal continues to be 25% ... also to note .... 6.9% increase in beer sales during June 2015 (lower GP% on beer) does not provide significant increase in GP Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me with any questions or requests for additional data. 2014 2015 Change Year to Date Sales: $2,561,924 $2,682,737 4.7% increase Liquor $ 865,644 $ 910,381 5.2016 increase Beer $1,263,013 $1,326,941 5.1% increase Wine $ 383,317 $ 395,151 3.1%increase Year to Date Gross Profit Dollars: $ 653,306 $ 663,480 1.6% increase Year to Date Customer Count: 106,310 110,627 4.1% increase Average Sale per Customer: $24.10 $24.25 $ 0.15 increase Gross Profit Percentage: 25.50% 24.70% 0.8% decrease Store Activity Highlights (May —June): • Employee Training — MN Spirits Distillery J. Carver and MN Winery Sovereign Estates • Keyholder Team Meeting —focus on review of policy/procedures and training schedules for five new part time employees • Spring Pub Club Event— Excelsior Brewing — 70+ attendees • All product moved, floors refinished and sales floor reset to maximize summer profits • GrapeVine Tasting event held May 7th resulted in sales of $3,415 • Vodka section reset to provide space for new flavors and maximize profits • Candice Woods attended MMBA Annual Conference — lots of useful information and networking. Full Time Employees also attended seminars on Saturday and Sunday • Memorial Day, Graduation, Winstock, Water Carnival events within this time... BUSY! • Quotes for Import Cooler Refrigeration update received and project dates planned • Video Surveillance needs reviewed with two providers for 2016 budget CIP • Preliminary 2016 budget submitted • Overall Gross Profits — increasing pressure on pricing due to new competition in our market is resulting in lower profit margins on many items, continued review and pricing adjustments on all items will be a priority moving forward GP% goal continues to be 25% ... also to note .... 6.9% increase in beer sales during June 2015 (lower GP% on beer) does not provide significant increase in GP Further details of all statistics have been provided to the Administrative Department. Please feel free to contact me with any questions or requests for additional data. Weed Notices Monthly Report June 2015 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 32 Number of properties cleared by City order 6 Number of properties pending compliance at month's end 12 Properties that were ordered to be cleared by the City House Street Quadrant Property Owner City PID Carlton Holdings LLC 1315 Montreal St SE Mr. Jacob Wert 07-116-29-12-0090 11455 Viking Dr, Suite 300 Eden Prairie, MN 55344 Wells Fargo Bank NA 130 Grove St SW MAC X7801-013 06-116-29-04-0220 3476 Stateview Boulevard Fort Mills, SC 29715 William Wiede 540 Glen St SW 55203 County Road 38 06-116-29-12-0110 Buffalo Lake, MN 55314 Menard Inc. 65 Edmonton Ave SE Corporate Accounting 07-116-29-12-0070 4777 Menard Dr Eau Claire, WI 54703 McKenna Park & 556 Main St S Associates 23541 06-116-29-11-0020 Aberdeen Ave Belle Plaine, MN 56011 Dane Page 570 Main St S 570 Main St S 06-116-29-11-0040 Hutchinson, MN 55350 Linda Cherrington 595 Franklin St SW 57917 Tenquist Rd 06-116-29-11-0070 Askov, MN 55704 Julie Otto 564 Lynn Rd SW 564 Lynn Rd SW 01-116-30-09-0020 Hutchinson, MN 55350 Donald Gilbertson 950 Ludtke Ln NW PO Box 505 36-117-30-07-0080 Hutchinson, MN 55350 Paul & Deborah Lepinski 606 Harmony Ln SW 606 Harmony Ln SW 01-116-30-01-0390 Hutchinson, MN 55350 Bradley & Anita Hoese 303 Lynn Rd SW 22908 Co Rd 9 06-116-29-05-0110 Winsted, MN 55395 AEHB LLC 246 College St NE 60686 CSAH 28 31-117-29-07-1100 Litchfield, MN 55355 Maria Elena Rojas De 791 California St NW Barragan 36-117-30-06-0310 304 11th Ave Worthington, MN 56187 Danette Dodge Groebner 505 California St NW 2090 Harvard St 36-117-30-11-0420 Longmont, CO 80503 Lincoln Benton 646 Harmony Ln SW 646 Harmony Lane SW 01-116-30-01-0410 Hutchinson, MN 55350 Eric & Lora Goodwin 1085 Randall Rd SE 74 Creek Meadow Ln 07-116-29-03-0460 Rochester, NY 146263007 Darell Lange 567 Lynn Rd SW 567 Lynn Rd SW 06-116-29-12-0400 Hutchinson, MN 55350 Travis Eastridge 605 Harmony Ln SW 605 Harmony Ln SW 01-116-30-01-0190 Hutchinson, MN 55350 Hutchinson 18 2007 LLC 209 4th Ave NE 6377 Smithtown Rd 31-117-29-16-0080 Excelsior, MN 55331 Hutchinson 18 2007 LLC 400 High St NE 6377 Smithtown Rd 31-117-29-16-0090 Excelsior, MN 55331 Sam Ulland 465 Water St NW P O Box 907 36-117-30-06-1090 Winsted, MN 55395 Sam Ulland 430 Water St NW P O Box 907 31-117-29-12-0270 Winsted, MN 55395 Sam Ulland 455 Water St NW P O Box 907 31-117-29-12-0370 Winsted, MN 55395 William Wiede 646 Franklin St SW 55203 County Road 38 06-116-29-12-0750 Buffalo Lake, MN 55314 Florence Christensen 539 2nd Ave SW 39034 Co Rd 45 01-116-30-01-0540 LaPorte, MN 56461 Gary Gustafson 1055 Jorgenson St SE 1055 Jorgenson St SE 07-116-29-03-0070 Hutchinson, MN 55350 Jeffrey G Munsell 710 Alaska Ct NW 1355 Hwy 7 West 36-117-30-06-1080 Hutchinson, MN 55351 Jeffrey G Munsell 720 Alaska Ct NW 1355 Hwy 7 West 36-117-30-06-1090 Hutchinson, MN 55352 Jeffrey G Munsell 730 Alaska Ct NW 1355 Hwy 7 West 36-117-30-06-1100 Hutchinson, MN 55353 Jeffrey G Munsell 740 Alaska Ct NW 1355 Hwy 7 West 36-117-30-06-1110 Hutchinson, MN 55354 Jeffrey G Munsell 750 Alaska Ct NW 1355 Hwy 7 West 36-117-30-06-1120 Hutchinson, MN 55355 North Hutch, LLC c/o Scott Bradford 940 North High Dr NW 16 Washington Ave W, 36-117-30-02-0260 Suite 102 Hutchinson, MN 55350