CITY COUNCIL WORK SESSION AGENDA Tuesday, February 3, 2015 Lewis Room Winsted City Hall

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1 CITY COUNCIL WORK SESSION AGENDA Tuesday, February 3, 2015 Lewis Room Winsted City Hall Mission Statement The City of Winsted will provide services and resources for its citizens and businesses that promote opportunities for a high quality of life, while sustaining a hometown atmosphere. I. Call to Order II. III. IV. Capital Equipment Replacement Plan Winsted Municipal Airport Policy - First Review Sale of Forfeited Property V. Skating Rink Discussion VI. VII. Other Adjourn Winsted City Hall st St. N. Winsted, MN ~ The Lewis Room is located in the southwest corner of the main level of Winsted City Hall ~

2 Memo To: From: Mayor and Council Members Clay Wilfahrt, City Administrator Date: February 3, 2015 Re: Capital Equipment Replacement Plan One of the goals set by the City Council at its Strategic Retreat was to complete a Capital Equipment Replacement Plan. Staff assembled the attached document to lay out Capital Equipment Replacement for the next ten (10) years. The intention of the plan is to create a financially sustainable plan to replace all of the equipment for both the Police and Public Works Departments. This will allow the Council to make decisions on equipment replacement within the full context of all equipment considerations. For example, the Council can make the decisions to replace the street sweeper and pay loader in 2015 knowing that it will be able to afford a new squad car in The plan does not change annual contributions to the Capital Equipment Fund, which currently has a balance of approximately $250,000. This list was developed with extensive input from both the Maintenance Supervisor and the Police Chief. Staff would like the Council to discuss the Capital Equipment Replacement Plan and make any comments or recommendations. Once any necessary changes are made, staff will bring this plan forward for approval at a regular Council meeting.

3 Capital Equipment Plan Departments of Police and Public Works Adopted by the Winsted City Council Date

4 PURPOSE: The purpose of this Capital Equipment Plan is to be able to have an orderly and financially stable process to purchase equipment for the Police and Public Works Departments. The Capital Equipment Plan has three (3) funding sources, the General Fund, Water Fund, and Sewer Fund. Fund allocations are based on the need for that specific equipment to provide services to the specified operation of that designated fund. The Fire Department will create a separate Capital Equipment Plan with the assistance from the City Council and Winsted Fire Board. PLANNING: The City Council, with the assistance of the Police and Public Works Departments, shall annually review the Capital Equipment Plan. Based on the existing conditions within the City (equipment and financial stability) the City Council may wish to revise or deviate from this plan to satisfy existing priorities of the community. EXISTING PUBLIC WORKS DEPARTMENT EQUIPMENT: Useful Replacement Mileage/Hours Projected Asset Description Life Cost Replacement 1976 Volvo Pay Loader 20 $160,000 7,169 Hours 2015 Hour Meter Elgin Street Sweeper 20 $180,000 Broken 1999 Ford F250 Pick Up 15 $40,000 81,626 Miles Ford F250 Pick Up 15 $40,000 77,130 Miles Fair 2 Stage Snow Blower 20 $110,000 No Hour Gauge 2017 Hour Meter Sewer Jetter 20 $160,000 Broken 2007 Bobcat S1-185 Skid Steer 12 $40, Hours Elgin Street Sweeper 20 $180,000 30,142 Hours Ford Sterling Plow truck 20 $220,000 34,204 Miles Mack Plow Truck 20 $210,000 6,061 miles 2034 EXISTING POLICE DEPARTMENT EQUIPMENT: Mileage/Hours Projected Useful Replacement Replacement Asset Description Life Cost 2010 Crown Victoria 6 $45,000 98, Ford Explorer 6 $45,000 66, Ford Explorer 6 $45,000 10,

5 FUNDING: The table below provides projected costs to finance the Capital Equipment Plan through The City Council may supplement the funding sources listed by obtaining an equipment certificate or other equipment specific financing. The City Council has previously established a Capital Improvement Fund, which has an existing fund balance of $251, (Public Safety and Public Works). A stronger fund balance will provide the City with greater security in case of increased costs or unknown purchases, which may not be identified in this plan. Year Previous Balance General Water Sewer Expenditures Balance 2015 $251,604 $130,000 $5,000 $15,000 $340,000 $64, $64,745 $130,000 $5,000 $15,000 $128,000 $88, $88,539 $130,000 $5,000 $15,000 $116,700 $125, $125,533 $130,000 $5,000 $15,000 $224,100 $53, $53,027 $130,000 $5,000 $15,000 $45,100 $162, $162,721 $130,000 $5,000 $15,000 $52,200 $268, $268,315 $130,000 $5,000 $15,000 $215,000 $209,409 EQUIPMENT REPLACEMENT SCHEDULE 2015 Equipment Replacement 2015 Equipment Estimated Cost Department Replace 1976 $160,000 Public Works Pay Loader Replace 1979 Street Sweeper $180,000 Public Works Replacement of 1976 Pay Loader The pay loader is a heavily used piece of equipment, which will be nearly twenty (20) years old at the time of its replacement. The pay loader has experienced a number of maintenance issues and staff believes that it is best to trade the equipment in to avoid further maintenance expenses. Trading in now will also mean that the City will get some cash back in a trade which would not be the case if the maintenance issues get much worse. Replacement of 1979 Street Sweeper The street sweeper is used during several seasons in a year to remove leaves, salt, sand and other debris from City streets. This particular piece of equipment has been requiring extensive annual maintenance.

6 2016 Equipment Replacement 2016 Equipment Estimated Cost Department Replace 1999 and $82,400 Public Works 2003 Pickups Replace 2010 Squad $46,400 Police Car (Crown Victoria) Replacement of 1999 and 2003 Pickups The pickup trucks were purchased in 1999 and 2003 and have about 77,130 and 81,626 miles, the majority being in-town miles. The pickups are the most heavily used pieces of equipment in the Public Works Department. They are used for snow plowing, park work, water meter reading, and other miscellaneous tasks. The expected life of the pickups is twelve (12) years, so both are overdue for replacement. Replacement of 2010 Squad Car with a Squad SUV The 2010 Crown Victoria is used for patrol, responding to service calls, transporting persons to jail, residences, the hospital, detox, etc. It is also used to provide transport to trainings and meetings for officers. The vehicle is rear wheel drive and it is very difficult to patrol/respond in the winter through snow. It is also difficult to train officers and ride in the passenger s seat due to the small passenger s seat area. Because of these flaws, the vehicle will be replaced with an SUV. This vehicle currently has 98,034 miles and it is anticipated to have 124,034 miles at its replacement Equipment Replacement 2017 Equipment Estimated Cost Department Replace 1994 $160,000 Public Works Snow Blower Replacement of 1994 Snow Blower The snow blower is primarily used in the downtown area and for major snow events at the airport. The existing snow blower is undersized and is becoming worn down, due to its twenty (20) years of use.

7 2018 Equipment Replacement 2018 Equipment Estimated Cost Department Replace 1994 $174,900 Public Works Sewer Jetter Replace 2012 Squad SUV (Ford Explorer) $49,200 Police Replacement of 1994 Sewer Jetter The sewer jetter is an aging piece of equipment. The sewer jetter is used for maintaining storm and sanitary sewer lines. Public Works staff has expressed an interest in contracting out this work on an annual basis. Replacement of 2012 Squad SUV The 2012 Ford Explorer is used for patrol, responding to service calls, transporting persons to jail, residences, the hospital, detox, etc. It is also used to provide transport to trainings and meetings for officers. The SUV style of vehicle has worked out very well for the Police Department. Officers comment that it is much safer/easier to get around in the winter. The SUVs handle better when responding code to calls and there is more space in the passenger s seat when training. The storage area in the rear compartment is more organized. This vehicle currently has 66,023 miles and it is anticipated to have 146,023 miles at its replacement Equipment Replacement 2019 Equipment Estimated Cost Department Replace 2007 $45,100 Public Works Skid Steer Replacement of 2007 Skid Steer The Skid Steer is used to broom snow, spread dirt, move pallets, blow snow, and other small miscellaneous tasks. The skid steer has 622 hours on it, and is in good working condition at the time of this report Equipment Replacement 2020 Equipment Estimated Cost Department Replace 2014 Squad $52,200 Police SUV (Ford Explorer)

8 Replacement of 2014 Squad Car The 2014 Ford Explorer is used for patrol, responding to service calls, transporting persons to jail, residences, the hospital, detox, etc. It is also used to provide transport to trainings and meetings for officers. The SUV style of vehicle has worked out very well for the Police Department. Officers comment that it is much safer/easier to get around in the winter. The SUVs handle better when responding code to calls and there is more space in the passenger s seat when training. The storage area in the rear compartment is more organized. This vehicle currently has 10,013 miles and it is anticipated to have 130,013 miles at its replacement Equipment Replacement 2021 Equipment Estimated Cost Department Replace 1997 $215,000 Public Works Street Sweeper Replacement of 1997 Street Sweeper The street sweeper is used during several seasons in a year to remove leaves, salt, sand and other debris from City streets. The 1997 Street Sweeper has 30,142 miles on it and 4,329 hours, or roughly 250 hours per year Equipment Replacement 2022 Equipment Estimated Cost Department Replace 2016 Squad $55,400 Police SUV (Ford Explorer) Replacement of 2016 Squad SUV The 2016 Ford Explorer will be used for patrol, responding to service calls, transporting persons to jail, residences, the hospital, detox, etc. It is also used to provide transport to trainings and meetings for officers. The SUV style of vehicle has worked out very well for the Police Department. Officers comment that it is much safer/easier to get around in the winter. The SUVs handle better when responding code to calls and there is more space in the passenger s seat when training. The storage area in the rear compartment is more organized.

9 2024 Equipment Replacement 2024 Equipment Estimated Cost Department Replace 2018 $58,800 Police Squad Car Replace 1999 Plow Truck $287,100 Public Works Replacement of 2018 Squad The 2018 Ford Explorer will be used for patrol, responding to service calls, transporting persons to jail, residences, the hospital, detox, etc. It is also used to provide transport to trainings and meetings for officers. The SUV style of vehicle has worked out very well for the Police Department. Officers comment that it is much safer/easier to get around in the winter. The SUVs handle better when responding code to calls and there is more space in the passenger s seat when training. The storage area in the rear compartment is more organized. Replacement of 1999 Plow Truck The 1999 plow truck is used to plow snow, and to haul sand, dirt, etc. It currently has 34,204 miles and is in good working condition.

10 Memo To: From: Mayor and Council Members Clay Wilfahrt, City Administrator Date: February 3, 2015 Re: Winsted Municipal Airport Minimum Standards The City of Winsted currently operates a Municipal Airport. The airport is managed by the Maintenance Supervisor and the City Administrator. Often times there have been questions or concerns raised that require City staff attention. Since there is no policy, staff addresses issues on a case-by-case basis which can result in inefficiency and inconsistency in enforcement of rules. In 2014, staff began development of an Airport Minimum Standards Policy. Attached is the first draft version for review by the Council. The Policy is intended to address common issues at the airport, and future issues that are anticipated. Staff has developed and reviewed the policy with the help of the City Engineer and the Minnesota Department of Transportation (MNDOT). Staff would like the Council to review the policy and make any recommendations at this time. Since it is a large amount of information, staff will bring the policy back at a future City Council Work Session as well, once the Council has had more time to review the policy. Once review of the policy is complete, staff will seek Council approval at a regular Council meeting.

11 Minimum Standards Policy for The City of Winsted, Minnesota Draft Version

12 Introduction The purpose of these Minimum Standards, also referred to as the Winsted Municipal Airport Policy, is to encourage, promote, and ensure the delivery of high quality general aviation products, services, and facilities to Airport users. Definitions Aeronautical Activity Any activity that involves, makes possible, or is required for the operation of aircraft or which contributes to or is required for the safety of such operations. Agricultural Land Airport property currently not needed for aeronautical use and is available for agrarian purposes. Air Charter A Person that provides on-demand, non-scheduled, passenger or cargo transportation service in aircraft having less than 30 passenger seats. The entity must operate under the appropriate Federal Aviation Regulations (FARs) Air Operations Area Any area of an airport used or intended to be used for landing, takeoff, or surface maneuvering of aircraft. An air operations area includes such paved areas or unpaved areas that are used or intended to be used for the unobstructed movement of aircraft in addition to its associated runway, taxiways, or apron Aircraft Any contrivance invented, used or designed for navigation of or flight in the air. Aircraft Operation An aircraft s takeoff from, or its landing at an airport. A touch-and-go is two operations. Aircraft Owner A person or entity holding legal title to an aircraft, or any person having exclusive possession of an aircraft. Aircraft Parking and Storage Areas The hangar and apron locations on the Airport designated by the airport owner or airport manager for the parking and storage of aircraft. Aircraft Rental The commercial operation of renting or leasing aircraft to the public for compensation. Aircraft Sales

13 The sale of new or used aircraft through brokerage, ownership, franchise, distributorship, or licensed dealership. Airframe and Power Plant Maintenance The commercial operation of providing airframe and power plant services, which includes any of the following: the repair, maintenance, inspection, constructing, and making of modifications and alterations to aircraft, aircraft engines, propellers and appliances including the removal of engines for major overhaul. This category of service also includes the sale of aircraft parts and accessories. Airport Any area of land or water which is used, or intended for use, for the landing and taking-off of aircraft and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, together with all airport buildings and facilities located thereon. Airport Owner The local municipal government unit, or in some cases multiple municipalities, or in other cases Persons, that are the legal owners of the airport s real property and improvements. Airport Layout Plan (ALP) The FAA approved plans and drawings of an airport depicting the layout of existing and proposed airport facilities. Airport Manager The designated individual, appointed by the airport owner, duly authorized to administer and manage all operations of the airport and airport facilities. Assurance An assurance is a provision contained in a Federal or state grant agreement to which the recipient of airport development assistance has voluntarily agreed to comply with in consideration of the assistance provided. Aviation Fuel Flammable liquids composed of a mixture of selected hydrocarbons manufactured and blended for the purpose of operating an internal combustion, jet, or turbine engine, which meet federal fuel standards. Avionics Sales and Maintenance The commercial operation of providing for the repair and maintenance of aircraft radios, instruments and accessories. Such operation may include the sale of new or used aircraft radios, instruments and accessories.

14 Aviation-Related Activity Any activity conducted on the airport that provides service or support to aircraft passengers or air cargo. The following are examples of aviation-related activities: ground transportation, restaurants, auto parking and concessions. Based Aircraft An aircraft which the owner physically locates at the airport for an undetermined period, and whenever absent from the airport, its owner intends to return the aircraft to the airport for long-term storage. Commercial Activity The conduct of any aspect of a business, concession, operation, or agency in order to provide goods or services to any person for compensation or hire. An activity is considered a commercial activity regardless of whether the business is nonprofit, charitable, or tax-exempt. Commercial Operator (Operator) Is a person, firm, corporation, or other entity conducting commercial aeronautical services or activities at the airport for compensation or hire. The Operator may be classified as either a Fixed Base Operator (FBO) or a Specialized Aviation Service Operator (SASO). Commercial Self-Service Fueling Fueling an aircraft by the pilot using commercial fuel pumps installed for that purpose. The fueling facility may or may not be attended by the owner/operator of such a facility. Exclusive Right A power, privilege, or other right excluding or debarring another from enjoying or exercising a like power, privilege, or right. An exclusive right can be conferred either by express agreement, by the imposition of unreasonable standards or requirements, or by any other means. Federal Obligation Contractual commitment of the airport owner that arises from the conveyance of land or from a grant agreement. Fixed Base Operator (FBO) A full service commercial operator who engages in the primary activity of aircraft refueling and a minimum of one (1) of the following secondary activities: airframe and power plant maintenance, flight training, aircraft rental, air charter operations, avionics maintenance and sales or aircraft storage/hangar rentals.

15 Flight Training The commercial operation of instructing pilots in dual and solo flight, in any aircraft, and related ground school instruction as necessary to complete a FAA written pilot s knowledge test and practical flight test for various categories of pilot certificates and ratings. Flying Club A non-commercial and nonprofit entity organized for the purpose of providing its members with any number of aircraft for their personal use and enjoyment. Aircraft must be vested in the name of the flying club owners on a pro-rata share, and the club may not derive greater revenue from the use of the aircraft than the cost to operate, maintain, and replace the aircraft. Fuel Storage Area Any portion of the airport designated temporarily or permanently by the airport owner as an area in which aircraft fuel or any other type of fuel may be stored or loaded. Fueling or Fuel Handling The transportation, sale, delivery, dispensing, or draining of fuel or fuel waste products to or from an aircraft. General Aviation All civil aviation operations other than scheduled air services and nonscheduled air transport operations for remuneration or hire. Grant Assurance Any agreement made between the airport owner and the FAA or the state for the grant of funding or a conveyance of land either of which the airport owner agrees to use for airport purposes. Hazardous Material Any substance, waste, or material which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous, and is or becomes regulated by any governmental authority, agency, department, commission, board, agency or instrumentality of the United States, the State of Minnesota, or a political subdivision thereof, and the presence of which requires investigation, removal and/or remediation. Independent Operator A commercial operator offering a single aeronautical service but without established place of business on the airport. An airport owner may or may not allow this type of servicing to exist on the airport.

16 Lease The written contract between the airport or airport owner and a Person (Lessee) specifying the terms and conditions under which a Person may conduct commercial, aeronautical or agricultural activities on the airport as defined within the established minimum standards. Minimum Standards The qualifications or criteria which may be established by the airport owner as the minimum requirements that shall be met as a condition for the right to conduct a Commercial Activity on the airport. Person Any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. Preventive Aircraft Maintenance Maintenance that is not considered a major aircraft alteration or repair and does not involve complex assembly operations as listed in FAR Part 43, Appendix A, Paragraph C. Roadway Any street or road whether improved or unimproved, within the boundaries of the airport and designated for use by ground vehicles. Self-Service Fueling or maintenance of an aircraft on airport property, performed by the aircraft owner or their employees in accordance with the airport s reasonable standards or requirements. Specialized Aviation Service Operation (SASO) An aeronautical business that offers a single or limited service according to established minimum standards. Examples of a SASO include, but are not limited to: flight training, aircraft maintenance, on-demand operation or ambulance, aircraft sales, avionics maintenance and sales, and aircraft storage. Sublease The written agreement stating the terms and conditions under which a third party Person leases space from a Lessee for the purpose of providing aeronautical services at the airport. Through-the-fence Agreement An agreement between the airport owner and an adjacent property owner permitting access to the public landing area.

17 Through-the-fence commercial operation A commercial activity, directly related to the use of the airport, developed or located off airport and requiring a Through-the-fence Agreement to access the airport. Taxilane That portion of the airport apron area, or any other area, used for access between taxiways and aircraft parking or storage areas. Taxiway A defined path established for the taxiing of aircraft from one part of the airport to another. UNICOM A non-government communication facility, which may provide airport information at certain airports. Vehicle Parking Area Any portion of the airport designated and made available temporarily or permanently by the airport owner for the parking of vehicles.

18 Minimum Standards Application All persons conducting commercial aeronautical activities at the Winsted Municipal Airport shall, as a condition of conducting such activities, shall comply with all the requirements set forth in these Minimum Standards. The Minimum Standards are deemed to be a part of each commercial airport operator s lease or agreement with the Winsted Municipal Airport. The mere omission of any particular minimum standards in a lease or agreement shall not constitute a waiver or modification of the standard unless the document expressly states that The City of Winsted waives application of that standard. Existing operators These minimum standards will not apply to commercial aviation operators who have a current lease or agreement with the City of Winsted unless their existing contract explicitly mentions a need to comply with the Minimum Standards or Airport Policy. Minimum Standards will be applied to all other existing operators upon renewal of the existing lease or agreement. Existing operators who are unable to meet the minimum standards at the time of lease or agreement renewal shall submit a plan outlining specific timelines for complying with the minimum standards. The City of Winsted must approve the plan prior to renewal of the lease or agreement. Multiple services When a commercial operator conducts multiple activities pursuant to one lease or agreement with the City of Winsted, the commercial operator shall comply with the minimum standards established for each separate activity. If the minimum standards for one activity are inconsistent with the minimum standards for another activity, then the minimum standard that is more strict or imposes a higher standard shall apply. Activities not covered by minimum standards Activities with no specific minimum standard established in this document will be addressed by the City of Winsted on a case-by-case basis in the commercial operator s lease or agreement. Insurance Requirements All tenants and businesses operating on Airport will provide a Certificate of Insurance listing the City of Winsted as additionally insured. Person or persons must provide a Certificate of Insurance requiring a thirty (30) day notice of cancellation to the City of Winsted prior to utilizing any Airport property or conducting business on Airport property. All persons operating at the airport must provide insurance in amounts in accordance with Minnesota State Statutes and the table in Exhibit A of these Minimum Standards.

19 Aircraft Accidents The pilot of an aircraft involved in an accident on or near the Airport causing personal injury or property damage shall report the incident to the City of Winsted. In the event said pilot is not able to do so, the owner of the aircraft or his agent shall make such report. In the event of an accident, the City of Winsted or their agent may, in compliance with FAA and other governmental-regulations, move damaged aircraft from the landing areas, ramps, aprons, or other areas at the expense of the owner and without liability for damage resulting from such moving. Airport property damaged or destroyed by accident or otherwise shall be repaired at the expense of the responsible parties. The City of Winsted shall have the authority to detain any aircraft for nonpayment of any charges due the City of Winsted. Parking No conveyance devices including aircraft, cars, trucks, motorcycles, or other vehicles used for transportation shall be parked at the airport for more than 30 days except for in designated hangars. Conveyance devices out of compliance with this policy will be considered forfeited property and disposed of in accordance with the Police Department s forfeited property policy. Closed Runway No landing will be allowed on a closed runway except for emergencies. It is the pilots responsibility to check if the runway is open. Construction, Floor Space, Landscaping, and Signage Requirements All plans and specifications shall be submitted to the City of Winsted for approval. Construction accomplished or contracted by any operator shall be in accordance with design and construction requirements of the City of Winsted, State, and Federal applicable codes in addition to the following: Location and Height Location of buildings shall be consistent with the FAA approved Airport Layout Plan (ALP). No building may penetrate the runway primary, approach or transitional surfaces specified by FAR Part 77. Buildings shall be built setback from the property line according to City Building Codes. Windows and large areas of glass shall be oriented to avoid reflections which could distract pilots landing or taking off. All hangers constructed at the Winsted Municipal Airport shall have a lock box installed. Each lockbox will contain a key entrance to the front door of the hangar. A key to open the lockbox will be

20 given to the Winsted Police Department and the Winsted Volunteer Fire Department. Signage Signs or other advertising shall not be placed or constructed upon Airport property or on any building, structure, or improvement thereon without first having obtained written approval from the City of Winsted. The City of Winsted will be provided a concept drawing draft, or written proposal for review of any proposed sign or advertising. The City of Winsted may refuse permission for such signs or advertising if it finds they are undesirable, unnecessary, or create a safety hazard. Signs shall adhere to the following standards and appropriate regulations and in all instances require City approval prior to installation. Free Standing Signs are only permitted in non-movement areas on property leased to the applicant for the sign. A maximum of 8 feet will be allowed to the top of the sign and any lighting must be internal. Wall Signs will have interior lighting and not exceed 1 square foot per linear foot of wail space. Prohibited Signs: Banners or painted canvas. Projecting from walls or roof. Indirectly lighted signs or directional signs moved by the elements. Flashing. moving, or rotating signs. Roof signs. logos, or graphics. Illuminated signs placed where they may create a glare or distraction to pilots. Lighted signs that interfere with airfield lighting. Waivers or modifications The City of Winsted may waive or modify any portion of these minimum standards for the benefit of a governmental agency performing non-profit public services, fire protection or emergency response operations. The City of Winsted may waive or modify any portion of these minimum standards for any person when it is determined that such waiver is in the best interest of the public and will not result in unjust discrimination against other commercial operators at the airport. Vehicle and Pedestrian Access and Parking Pedestrian and vehicular access to buildings normally open to the public shall avoid crossing aircraft operating areas.

21 All improvements or facilities sited on the land-side of the Air Operations Area (AOA) shall have appropriate access on both the landside and AOA. Access to the AOA shall be controlled in accordance with City of Winsted, FAA, and Transportation Security Administration regulations and procedures. All customer facilities and accommodations for passengers and crews of transient aircraft must include ramp or other convenient access for the disabled and sanitary restrooms available for use by the disabled. Vehicular access to aircraft storage hangars shall minimize crossing of the Aircraft Operating Areas. Automobile parking in locations which do not interfere with aircraft operations shall be provided near aircraft storage hangars. All aircraft storage hangars shall provide a personnel entrance door. Hangar doors may be of either sliding or bi-fold type. However, sliding doors may not be used in hangar configurations where the open door of one hangar will adversely interfere with access to another hangar. The operator shall provide adequate, paved and lighted, parking space within the leased area sufficient to accommodate all activities including employee and customer parking. Parking lots shall be configured for ease of ingress and egress and parking spaces shall be clearly marked in addition to loading zones handicapped parking and fire lanes. The operator shall provide or lease from the City of Winsted, a paved aircraft apron within the leased area to accommodate all operator related aircraft parking and movement from the Operators building to the taxiways and runways. All vehicles at the airport must comply with the winter parking ordinance of the City of Winsted. Fueling The City of Winsted is the sole proprietor of fuel at the Winsted Municipal airport. However, not all types of fuel are sold by the City of Winsted. FBOs are allowed to store and dispense fuel in amounts larger than five gallons with written permission from the City of Winsted. All equipment used for the storage and/or dispensing of petroleum products must meet all applicable Federal, State, and local safety codes, regulations and standards. Persons shall not throw, dump, or deposit any waste, refuse, or garbage on Airport ramps, taxiways, or adjoining areas. All waste, refuse, or garbage shall be placed and kept in proper containers until disposed of. All operating areas shall be kept in a safe, neat, clean, and orderly manner at all times and in such a' manner as to minimize any hazards.

22 Tenants of all hangars and buildings are required to keep their premises clean and clear of all rubbish, junk, debris, old aircraft and/or vehicles, and unsightly objects. If: after warning by the City of Winsted, the area is not cleaned the City of Winsted may have the premises cleaned at tenant's expense. At least one (1) fire extinguisher with a 2A, 10BC rating shall be installed in each hangar. Extinguishers shall be mounted not less than five (5) inches from the floor of the hangar, and not more than five (5) feet from the hangar floor. Fixed Base Operators Primary Aeronautical Services A Fixed Base Operator (FBO) is an entity engaged in the business of providing the primary service of fueling or self-fueling of aircraft and at least one secondary service. FBOs have the option to also provide any other secondary services including: flight training, airframe and power plant maintenance, aircraft rental, and aircraft storage/hangars Each FBO may subcontract or use third party operators to provide any primary or secondary services. Subcontractors or third party operators shall meet all minimum standards. Each FBO shall conduct its business and activities on and from the leased/assigned premises. FBOs are required to lease or construct a public use building on the leasehold property. The building must be capable of meeting business demand. Vehicle Parking Each FBO shall provide adequate parking away from the AOA to meet the needs of customers and employees on the leasehold property. All vehicles must be in compliance with the winter parking policy for the City of Winsted. Aircraft Parking Each FBO shall provide property for its aircraft operating area (ramp), independent of any building area, vehicle parking area, and fuel storage area. This aircraft operating area shall provide transient aircraft parking and tie-downs for a minimum number of aircraft. This tie-down ramp area shall be adequate to support all the activities of the FBO and any approved subtenants. The ramp shall be well maintained and kept clean. Hours of Operation If the FBO provides a self-fueling station, it must be readily accessible to customers, and be illuminated for safe night operations. Staffing Each FBO shall provide the airport owner with a current listing of names, addresses, and contact information for all personnel responsible for the operation and management of the FBO for emergency situations. This listing shall be updated with any changes in either staff or their contact information.

23 Personnel Qualifications All FBO fuel handling personnel shall be trained in the safe and proper handling, dispensing, and storage of aviation fuels. The FBO shall develop and maintain Standard Operating Procedures (SOP) for refueling and ground handling operations and shall ensure compliance with standards set forth in the Uniform Fire Code and FAA Advisory Circular 00-34A, Aircraft Ground Handling and Servicing. The SOP shall address bonding and fire protection, public protection, control of access to the fuel storage area, and marking and labeling of fuel storage tanks and fuel dispensing equipment, and shall be submitted to the airport owner no later than thirty (30) days prior to the FBO commencing fueling activities. Additionally, the FBO shall comply with FAA Advisory Circular 150/5230-4, Aircraft Fuel Storage, Handling, and Dispensing on Airports, Airport rules and regulations, and all other applicable laws related to aircraft fuel handling, dispensing and storage. Each FBO shall obtain all applicable fueling certifications and permits, and receive periodic refresher training as required. The airport owner, the State of Minnesota and/or the FAA may periodically conduct inspections of the FBO aircraft fueling activities and facilities to ensure compliance with laws, regulations, and minimum standards. Aircraft Line Services Buildings, structures, tie-downs, aprons, paving, taxi areas, or any other improvements or additions shall not be placed, constructed, altered, or removed without prior written approval of the City of Winsted. The City may, at its discretion, require an appropriate bond and a construction agreement to guarantee the completion of the construction in accordance with its approval. The City of Winsted shall consider conformance to the Airport Master Plan prior to the approval or denial of any construction or development at the Airport. If an FAA Form 7460 is required it will be the responsibility of the tenant to insure completion of the form, submit to the City of Winsted for review, and obtain FAA approval prior to beginning construction. The City of Winsted can provide staff assistance in filling out the form if necessary, but is not responsible for the preparation or content of the form or from any consequences suffered by anyone for work performed prior to the filing of the form. Passenger Services FBOs must provide restrooms, waiting rooms, and any other needs of the passengers that they serve.

24 Flight Instruction: Anyone conducting flight training activities at the Airport shall comply with all federal, state, and local regulations regarding flight schools and provide the following: The operator shall provide or lease from the City of Winsted adequate space to house office, restrooms, suitable classroom (150 sq.ft.) for ground school, and adequate flight planning areas (80 sq.ft). The operator shall have a commercial operator s license from the State of Minnesota with a Flight School Endorsement. The operator shall own or lease and have based on the Airport, at least one dual equipped single-engine land aircraft suitable for flight instruction which shall be equipped and maintained in accordance with applicable rules and regulations of the State of Minnesota and the FAA. The operator shall provide a minimum of one FAA certified flight instructor on-call and available for scheduled flight instruction. Flight instructors must meet all FAA certification, medical, and currency requirements and be available whenever a student is flying. The operator shall have adequate facilities or arrangements for storage, parking, servicing, and repairing of all its aircraft. The operator shall have on hand and available for use such equipment and apparatus as should reasonably be expected for such training. Aircraft Rental and Sales: Anyone conducting aircraft rental and sales activity shall comply with all federal, state, and local regulations regarding aircraft rental and sales and provide the following: The operator shall have a Commercial Operator s License endorsed for Aircraft Rental if renting aircraft. The operator shall own or lease all rental aircraft which shall be maintained in accordance with applicable rules and regulations of the State of Minnesota and the FAA. The operator shall provide suitable office space for consummating sales and/or rentals and the keeping of proper records in connection therewith. Lease an area on the Airport of sufficient size to park or tie down aircraft for sale or rental whether or not occupied by the operator.

25 Provide and maintain an aircraft or under written lease by and in exclusive control of the operator which is properly equipped and FAA certified for rental, flight instruction and lfr flight. Operator shall provide a properly certified pilot capable of demonstrating new aircraft for sale and/or for checking out pilots in rental aircraft. Have-adequate facilities or arrangements for storing, parking, servicing and repairing all of its aircraft. Currently up-to-date specifications and price lists for the types and models of new aircraft sold. Proper checklists and operating manuals for all aircraft rented and adequate parts catalogues and service manuals for all aircraft sold. Aircraft Charter and Taxi Service: Anyone offering aircraft charter services from the Airport must operate in compliance with all federal, state, and local regulations regarding aircraft charter services and provide the following: Operator shall have available for charter and air taxi, either owned or under written lease to the operator, at least one aircraft certified and currently airworthy and fully equipped for either visual and/or instrument flight conditions. If a helicopter is used, at least one single engine helicopter equipped for: VFR at night or VFR on top conditions must be available. Operator must have a sufficient number of full time or part-time commercial or airline transport rated pilots who are currently qualified to operate the operator's aircraft under FAR Part 135 or Far Part 121. Operator shall provide a passenger waiting area/lounge with adequate lighting, furnishings, heat, air conditioning, sanitary restrooms, telephone and ramp which provides convenient access for disabled individuals. If cargo is carried it must be physically separated and secured from the passenger area. Facilities for checking-in passengers, ticketing, fare collection and handling of luggage and cargo. All passenger and cargo loading or unloading shall take place on an Airfield Operations Area approved by the City of Winsted.

26 Operator shall implement required FAA and Transportation Security Administration security requirements and procedures. A current FAR Part 135 operating certificate. Airframe, Power Plant, Avionics, Instrument, Propeller, and Accessory Repair Service: Anyone who operates aircraft engine and accessory maintenance facilities on the Airport shall comply with all federal, state and local regulations regarding the operation of an aircraft maintenance facility and provide the following: The operator must have a Commercial Operator s License from the State of Minnesota endorsed for Aircraft Servicing, Maintenance and Repair. Sufficient uniformed and trained employees necessary to meet the requirements set forth in these standards. Employees will be currently certified by FAA with current rating appropriate to the work being performed. Sufficient hangar space to house any aircraft upon which service is being performed. Suitable storage space for aircraft awaiting maintenance or delivery after repair and maintenance has been completed. Operator shall provide suitable tractors, tow bars, jacks, dollies, test equipment, and other equipment as necessary to provide the services outlined in the business permit and lease. Operator shall properly treat and dispose of all hazardous materials in compliance with the regulations and requirements of the FAA Minnesota PCA, OSHA, U.S. Environmental Protection Agency, and any other local, state, or Federal government agencies. Any repair service requiring aircraft power plant operation must be performed on the Airfield Operations Area or in a facility approved for such a purpose by the City of Winsted. Improvements to or use of Authority facilities for commercially provided aeronautical repair services shall be approved by the City of Winsted. Aeronautical Paint Shop Facility

27 Operator shall provide sufficient uniformed and FAA currently certified personnel necessary to provide the painting services approved in the Operator's lease agreement/business permit. Operator shall have sufficient equipment, supplies, and parts to perform aircraft painting and stripping services. Operator shall comply with all standards, rules, regulations, and requirements of the FAA, Minnesota Pollution Control Agency, U.S. Environmental Protection Agency, OSHA, and any other local, state, or national government agencies having jurisdiction over aircraft painting and stripping operations. Operator shall comply with the current standards of the National Fire Protection Association on "Paint Spraying and Spray Booths" to arrangement, construction, and protection-of spray booths and the storing and handling of materials used in connection with aircraft painting, varnishing, and spray painting operations. Sufficient space to perform all aircraft stripping and painting operations inside an approved facility. Operator shall prohibit any stripping, painting, varnishing, doping, Materials, agents or other contaminants from release into the sewer system or into public or private property. All hazardous materials shall be contained in the approved facility and disposed of in compliance with State, Federal, and local regulations. Parts Sales. If a Specialized Aviation Service Operator that provides anyone or all of Airframe, Power Plant, Avionics, Instrument, Propeller, and or Accessory Repair is operating on the airport that operator may also sell parts and accessories. Provider must have an adequate minimum supply of readily expendable parts, or adequate arrangements for securing parts required for the types and models of aircraft serviced and/or sold. Hangar Use Hangars must be only used for aircraft storage and other uses are prohibited unless approved in writing by the City of Winsted. The individual leasing/renting a hangar will provide the registration number of all aircraft to be stored in the assigned hangar to the City of Winsted. No modification. change, or improvement may be made to a leased hangar without prior approval of the City of Winsted Hangar lease payments must be made to the City of Winsted as determined by the lease agreement.

28 Independent Operators: An Independent Operator is one who performs an aeronautical related service on less than a full-time basis and is not associated with a Full Service Fixed Base Operator or a Specialized Aviation Service Operator. The Independent Operator agrees to conduct an Independent Operation on the Airport engaging in the business of aircraft maintenance, repairs, replacement, or other aeronautical activities. An Independent Aviation Service Operator will meet the following requirements: Independent Operators must have the appropriate Commercial Operator s License from the State of Minnesota for the services they will be providing. Independent Operators may only perform services not currently provided at the Airport and must be requested by the aircraft owner or operator and approved by the City of Winsted. Carry-on or conduct only those services for which it has been specifically approved in a lease or operators agreement by the City of Winsted. Maintain at least the minimum amount of insurance as required by the State of Minnesota or specified in Exhibit A of these Minimum Standards, whichever is greater. Must apply to the City of Winsted to become recognized as an Independent Aviation Service Operator with all the requirements contained herein if he/she wishes to operate on the Airport. Independent Aviation Service Operators will be charged an annual permit fee to conduct specialized aeronautical services not available from full time aeronautical service providers on Airport. Independent aviation service operators will be responsible for obtaining and maintaining current all-applicable licenses, permits, FAA qualifications & certifications, required for the operation. Independent Operators shall meet all applicable requirements of these Standards, applicable FAA, Transportation Security Administration, and State of Minnesota policies, procedures, and regulations. Tenant Requirements Airport tenants may utilize the services of an Independent Operator if such service cannot be provided by another Specialized Aviation Service Operator or a Full Service Fixed Base Operator on the Airport. Independent Service Operators can provide these services by applying for an Independent Operator's Service Permit. This permit covers the following:

29 Maintenance: Any small or routine service that would require an appropriately rated technician. An example would be minor repairs that normally would not be performed by the aircraft owner or operator. Inspections: The permit enables an Independent Operator to conduct the required annual or 100 hour inspection using an appropriately rated mechanic. Other: The permit includes everything which does not fit into the above categories but would require a service permit. An example of this would be flight instruction in a private airplane. SPECIALIZED COMMERCIAL AERONAUTICAL ACTIVITIES Specialized Commercial Aeronautical Activities Service providers are those entities which provide services for the purpose of providing one or more of the activities listed below: Non-stop sightseeing flights. Aerial photography or survey. Fire watch and fire fighting. Power line, underground cable or pipe line patrol. Aerial application of agricultural chemicals. Aircraft manufacturing. Aircraft research, development, and manufacturing. The majority of these services require a Commercial Operator s License from the State of Minnesota. These activities are so varied that the minimum standards applying to them will depend on the scope of the activity. Minimum standards. Insurance coverage, and approved activities will be determined by the City of Winsted based upon a detailed application to the City of Winsted submitted by the entity requesting permission to perform the Specialized Commercial Aeronautical activity on the airport. Commercial Skydiving: A business that engages in the transportation of persons for skydiving, instruction in skydiving, and rental and sales of skydiving equipment. All skydiving businesses must follow these requirements: The operator shall have a Commercial Operator s License form the State of Minnesota endorsed for Aircraft Rides. The operator shall provide or lease from the Authority adequate space to house office, restrooms, and a suitable area to prepare for skydiving activities The Operator shall have a plan and suitable area for persons engaging in skydiving activities to land.

30 The operator shall own or lease and have based on the Airport, at least one dual equipped single-engine land aircraft suitable for skydiving activities which shall be equipped and maintained in accordance with applicable rules and regulations of the State of Minnesota and the FAA. The operator shall have adequate facilities or arrangements for storage, parking, servicing, and repairing of all its aircraft. The operator shall have on hand and available for use such equipment and apparatus as should reasonably be expected for such activities. Operator shall meet or exceed the Basic Safety Requirements (BSR) of the United States Parachute Association (USPA), FAR Part 105, and related FAA Advisory Circulars. Insurance must be consistent with Exhibit A below and Minnesota State Statutes. Airport Security Airport owners are encouraged to develop security policies and procedures. The inclusion of airport security in the minimum standards document and airport rules and regulations makes airport security everyone s responsibility tenants, users and airport owner alike. Through the Fence Operations A Through-the-Fence (TTF) agreement authorizes a person or operator to access the airport from adjacent privately owned property. The City of Winsted will refrain from entering into this type of agreement. COMPLIANCE, COMPLAINTS AND APPEALS In addition to any penalties otherwise provided by City of Winsted ordinance or the Federal Aviation Administration Regulations, and all other rules and regulations of the State of Minnesota, the FAA, and Federal Laws, any person violating these regulations and standards are subject to penalty. The City of Winsted will be responsible for enforcing these regulations and standards. When an activity in violation of these regulations and standards is brought to the attention of the City of Winsted, the person/persons conducting the activity shall be notified in writing. However, should the City of Winsted determine that the activity in violation of these regulations and standards is dangerous or unsafe, the person/persons conducting the activity will be directed immediately to cease and desist such activity.

31 If the activity continues, the individual(s) conducting the activity will be directed to vacate the Airport. If the individual(s) conducting the activity refuses to leave, the City of Winsted will notify the City of Winsted Police Department or the City of Winsted City Attorney and the individual(s) will be prosecuted to the full extent of the law. The City of Winsted may hear and decide appeals from the individual(s) so penalized in accordance with this Section. These enforcement procedures are in addition to any remedies or penalties authorized by a lease, contract, law, or regulation. Exhibit A Insurance Requirements Activity and Regulation Type of Insurance City Required Amount of insurance Flight School Liability Passenger Bi limited to $100,000 $1,000,000 per occurrence Commercial General Liability Products and Operations $1,000,000 per occurrence $1,000,000 per occurrence $2,000,000 aggregate Aircraft Rental or Leasing Aircraft liability Passenger Bi limited to $100,000 Commercial General Liability Products and Operations $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 per occurrence $2,000,000 aggregate Aerial Spraying or Dusting Aircraft liability Passenger Bi limited to $100,000 Commercial General Liability Products and Operations $1,000,000 per occurrence $1,000,000 per occurrence $1,000,000 per occurrence

32 $2,000,000 aggregate Aircraft Servicing, maintaining, and repairing Commercial General Liability Products and Operations Hangar keepers $1,000,000 per occurrence $1,000,000 per occurrence $2,000,000 aggregate $250,000 per aircraft $500,000 per occurrence Ownership of Aircraft Aircraft liability Passenger Bi limited to $100,000 $1,000,000 per occurrence Premises liability for place where aircraft is stored $1,000,000 per occurrence Owning leasing or operating a building on airport grounds Commercial General Liability Products and Completed Operations $1,000,000 per occurrence $1,000,000 per occurrence $2,000,000 aggregate Operation of Automobiles Automobile Liability $1,000,000 per occurrence Storing aircraft for others Hangar keepers $250,000 per aircraft $500,000 per occurrence Commercial General Liability Products and Completed Operations $1,000,000 per occurrence $1,000,000 per occurrence $2,000,000 aggregate

33 Sportcraft and ultra lights Aircraft liability Passenger Bi limited to $100,000 Premises liability for place where aircraft is stored $1,000,000 per occurrence $1,000,000 per occurrence All Commercial Operations Workers Compensation Statutory

34 Memo To: From: Mayor and Council Members Clay Wilfahrt, City Administrator Date: February 3, 2015 Re: Fahey Sales Agency Forfeited Item Sales The City of Winsted Police Department occasionally acquires property as a result of drug and alcohol forfeitures. In certain circumstances, vehicles and other possessions can be acquired through statutory authority granted by the State of Minnesota. Once the City acquires the forfeited property, the Police Department has a few options under State Statute. In most circumstances, the City can sell the property, or retain it for official use. If the City sells the property, seventy percent (70%) of the proceeds are deposited in the City s forfeiture fund. The remaining thirty percent (30%) of the proceeds go to the prosecuting attorney and the state. Typically, the City has chosen to sell the property at public auctions administered by the Police Department. In other instances, staff has chosen to retain the property, such as a snowmobile that the Police Department currently has. When selling forfeited property, the Police Department puts out a public notice and accepts bids at the Police Station. The auctions take a considerable amount of staff time to advertise and to be available for inspections of the property, and staff does not believe that this method is attracting many potential buyers and does not command competitive bids. Recently City staff reached out to Fahey Sales Agency Incorporated to see if they would sell City equipment. Fahey Sales Agency Incorporated is an auction company with offices in four (4) Minnesota communities including Glencoe and Hutchinson. McLeod County and several other local Police agencies utilize Fahey for sale of forfeited property. Fahey Sales Agency Incorporated indicated that they could sell the City property for an eight to twenty-five percent (8-25%) commission. The commission is based off of the value of the item. Staff believes that using Fahey will result more competitive bids which will offset the commission cost. Additionally, staff time will not need to be used to advertise bids, and to show the property to interested parties, which can often take a substantial amount of time. The Police Department will still be responsible for the public notices required by state statute.

35 If this resolution is approved, the Police Department will sell the snowmobile through Fahey due to its limited use. Staff would like the Council to discuss allowing Fahey Sales Agency Incorporated to sell forfeited property at the discretion of the Chief of Police and City Administrator. Page 2

36 Memo To: From: Mayor and Council Members Clay Wilfahrt, City Administrator Date: February 3, 2015 Re: Skating Rink Discussion The City Council has discussed a skating rink in previous years. Late in the year 2013, the Council directed staff not to proceed with soil boring near Campbell Field, citing that they would instead like to see a temporary solution. The Council further indicated that if there was an opportunity to reduce the cost of the skating rink due to the purchase of used dasher boards, the Council may be interested. Over the last two (2) winters, the City has swept off a portion of Winsted Lake for a skating rink. Due to an issue with the electric line, the warming house has not had heat. City staff has not fixed the problem due to uncertainty around this issue. Staff did not want to spend money on a warming house that would only be used another season or two (2). Recently, staff was contacted by a dasher board company who said that they had used boards available. The used boards sell quickly, and prior to staff being able to bring the item to the Council, the boards had sold. If the Council would like to proceed with used dasher boards, staff would suggest that Council allow staff the authority to purchase used boards at the discretion of the Maintenance Supervisor, City Administrator and Mayor. Before making that recommendation, staff would like to know the Council s position on the skating rink project as a whole. The cost savings of installing used dasher boards would initially be $20,000-$30,000. Though there was never a formal estimate for the cost of the skating rink, rough estimates placed it around $100,000 for the total project. The money for the project would come from the Parks Improvement Fund, which has a balance of $52,083, and generates $15,000 to $20,000 annually. The Campbell Field project will also be taken from this fund, and estimates will have the City paying $80,000-$90,000. The next step for the process would be to solidify a location and formalize prices. Staff would like the Council to direct staff how to proceed with this project.

37 CITY COUNCIL MEETING AGENDA February 3, :00 PM City Council Chambers Winsted City Hall Mission Statement The City of Winsted will provide services and resources for its citizens and businesses that promote opportunities for a high quality of life, while sustaining a hometown atmosphere. 1) MAYOR CALL THE MEETING TO ORDER a) Pledge of Allegiance 2) CONSENT AGENDA Items listed below are considered routine and non-controversial by the City. There will be no separate discussion of these items unless requested by a Council Member, staff or citizen. If removed, the item will be discussed at the end of the regular agenda. a) Minutes City Council Work Session January 20, 2015 b) Minutes City Council Regular Meeting January 20, 2015 c) 2014 Audit Authorize the audit of the City of Winsted s financial statements for the year ending December 31, 2014 by Conway, Deuth and Schmiesing in an amount of $29,750. d) Temporary Part-Time Administrative Assistant* Approve the hiring of Leigha Felder as a temporary Part-Time Administrative Assistant, at $10 per hour for up to forty (40) hours per week between May 25, 2015 and August 21, e) Winsted Volunteer Fire Department Building Roof Contract Approve a contract with Vos Construction Incorporated to install a new roof on the Winsted Volunteer Fire Department Building at th Street South in the amount of $91,687. f) Temporary On-Sale Liquor License Holy Trinity Spring Dinner Auction - AMENDED Approve a one (1) to four (4) day temporary On-Sale Liquor License for Holy Trinity s Spring Dinner Auction on April 11, 2015; not March 28, 2015, at the Holy Trinity School Gym. g) Water Tower Cleaning

38 Approve a three (3) year maintenance contract with Liquid Engineering Corporation for the water tower in the amount of $9, h) Claims Approve the claims list for February 3, ) PUBLIC HEARINGS 4) OLD BUSINESS 5) NEW BUSINESS a) Resolution R Sale of Forfeited Property Consider a motion to approve Resolution R to authorize Fahey Sales Agency Incorporated to sell forfeited property obtained by the Winsted Police Department at the discretion of the Police Chief and City Administrator. 6) DEPARTMENT REPORT a) Bolton and Menk, Incorporated 7) ORGANIZATION REPORT a) McLeod County Commissioner Ron Shimanski 8) OPEN FORUM Open Forum provides residents with the opportunity to address an issue that is not on the agenda with the City Council. The City Council will not take official action on items discussed during Open Forum, except to refer items to staff for future report or follow through. If you wish to address the City Council please state your name, address and topic that you wish to discuss. Speakers will be limited to five (5) minutes to discuss an issue and the Mayor will limit discussion on any one topic to ten (10) minutes. 9) ANNOUNCEMENTS 10) ADJOURN * Denotes no supporting information included in the packet. Winsted City Hall st St. N. Winsted, MN

39 City of Winsted City Council Work Session Lewis Room Tuesday, January 20, :30 p.m. Present: Staff Present: Mayor Steve Stotko Council Member Bonita Quast Council Member Tom Ollig Council Member George Schulenberg Council Member Max Fasching Mr. Clay Wilfahrt, City Administrator Ms. Deborah R. Boelter, City Clerk-Treasurer I. Call to Order Mayor Stotko called the meeting to order at 5:00 p.m. II. Winsted Volunteer Fire Department Monthly Meetings City Council Attendance Mr. Wilfahrt distributed a sign-up sheet for the City Council Members to sign-up to attend the Winsted Volunteer Fire Department s monthly meetings in the year The City Council Members signed-up for attendance at the WVFD s year 2015 monthly meetings. III. Temporary Part-Time Administrative Assistant Summer of the Year 2015 Mr. Wilfahrt stated that the City Council recently authorized City staff to hire Ms. Leigha Felder for a six (6) week period to cover the front desk and complete a few other tasks. Ms. Felder has been answering the telephone, helping with utility billing payments, digitizing old files, and completing other tasks at the direction of administrative staff. Ms. Felder will be at City Hall until January 30, Mr. Wilfahrt stated that during Ms. Felder s six (6) weeks at City Hall, City staff has been able to complete a number of projects that previously went undone. All of the Human Resources (HR) files in City Hall have been consolidated and organized according to retention times; several years of City Council Packets have been digitized; better data security has been placed on electronic files; numerous boxes of files have been organized in the basement storage area and a number of other administrative duties have been completed. Mr. Wilfahrt stated that Ms. Felder has expressed an interest in returning over the summer months of the year If Ms. Felder were to come back for the summer months, City staff would have her continue to regularly cover the front desk to allow Ms. Kirchoff and Ms. Zeidler to have more time for file organization. Ms. Felder would digitize all of the old City Council packets, agendas and minutes that are located in the downstairs storage room. Ms. Felder would also organize and digitize files for the Winsted Police Department. Mr. Wilfahrt stated that City staff would recommend that Ms. Felder return for forty (40) hours per week at $10 per hour from May 25, 2015 to August 21, A portion of the cost of the additional hours would be paid from the Winsted Police Department Wages and Salaries Budget; which will only have three (3) full-time salaries being paid for part of the year 2015 instead of the four (4) full-time salaries that were budgeted. The remaining balance of Ms. Felder s wages would be paid from the Professional Services line item from the Administration Budget. Ms. Boelter stated that Ms. Felder has done a fantastic job for the City of Winsted and gave a brief overview of the administrative assistant duties and responsibilities she has been completing. 1

40 The City Council discussed and agreed that the City should hire Ms. Felder as a temporary part-time Administrative Assistant for the summer months of the year IV. AWI Manufacturing Insurance Acknowledgement V. Other Mr. Wilfahrt stated that AWI Manufacturing (AWI) made the City aware that there is a minor insurance issue that needs to be resolved regarding the Winsted Volunteer Fire Department (WVFD) Firefighters that work for AWI. AWI pays Firefighters their normal wage when they respond to emergency calls during the time they are working at AWI. This is beneficial to the City in that it helps recruitment and retention of volunteer firefighters; however, because AWI is paying a wage while the Firefighters are on calls, AWI could conceivably be liable for workers compensation claims for injuries their employees sustain while out on emergency calls. Neither City staff nor AWI thought that this was the proper way things should be done since the Firefighters would be working exclusively for the City when they are responding to an emergency call. Mr. Wilfahrt stated that he contacted the City s Employment Attorney, Ms. Kelly Dohm, regarding this matter. He continued by stating that Ms. Dohm is also AWI s Attorney. Mr. Wilfahrt presented a draft copy of the Insurance Acknowledgement Agreement prepared by Ms. Dohm. The Agreement basically states that if an employee of AWI, who is a member of the Winsted Volunteer Fire Department, responds to an emergency call and is hurt on that call, the City waives its right to seek compensation from AWI s Workers Compensation Insurance. The City Council discussed and agreed that the Insurance Acknowledgement Agreement was a good idea. They directed Mr. Wilfahrt to discuss the same type of program for other businesses in the City of Winsted. The City Council also discussed the possible recruitment of employees at the various Winsted businesses to be available to serve on the WVFD during the day. a) Signage City of Winsted Facilities Mayor Stotko presented a drawing of a proposed sign for the Winsted Volunteer Fire Department (WVFD) and the Public Works Department. He stated that he had Council Member Quast contact Mr. Brad Millerbernd of Millerbernd Systems regarding the construction of signage for both the WVFD and the Public Works Department that is similar to the City of Winsted s entrance signs. Mayor Stotko also proposed that some type of signage be installed on the side of the Public Works Building indicating that it is the Public Works Department. Mayor Stotko continued by stating that he would like to eventually have the same type of signage for the Winsted Municipal Airport. The City Council discussed Mayor Stotko s proposal and they agreed that they would like to eventually have all of the signage for the City s facilities and/or properties be the same. The City Council were in agreement that Mayor Stotko and Council Member Quast should proceed with obtaining quotes for signage for the WVFD and the Public Works Department. b) Housing Feasibility Study Mr. Wilfahrt presented the houses that are currently for sale in the City of Winsted. The City Council discussed the limited availability of affordable housing in the Winsted Community and agreed that the completion of a Housing Feasibility Study is important. Council Member Ollig stated that he informed the Winsted Area Chamber of Commerce Members of the Housing Feasibility Study that is going to be completed by the City of 2

41 Winsted at their General Membership meeting on Thursday, January 15, 2015 and he received positive feedback. Mr. Wilfahrt stated that he has also been contacted by some housing developers regarding the Study. c) Water Tower Construction Council Member Ollig stated that he did some research at the Herald Journal newspaper to determine when the City of Winsted s current water tower was built. The information was not available electronically; however, they are going to provide him with the actual copies of the newspapers from the year 1978 and he will continue to research it. Mayor Stotko asked Mr. Wilfahrt if the City s Engineer, Mr. Jake Saulsbury of Bolton and Menk, Incorporated, was able to locate the original drawings of the water tower. Mr. Wilfahrt stated that Mr. Saulsbury did find some of the limited scope plans; however, it was not the full plans and/or mechanical drawings. VI. Adjourn Council Member Fasching motioned to adjourn the meeting. Council Member Quast seconded the motion. Motion carried 5-0. The meeting was adjourned at 5:55 p.m. Steve Stotko Mayor City of Winsted ATTEST: Deborah R. Boelter, CMC City Clerk-Treasurer City of Winsted 3

42 City of Winsted City Council Meeting Council Chambers Tuesday, January 20, :00 p.m. Present: Staff Present: Mayor Steve Stotko Council Member Bonita Quast Council Member Tom Ollig Council Member George Schulenberg Council Member Max Fasching Mr. Clay Wilfahrt, City Administrator Ms. Deborah R. Boelter, City Clerk-Treasurer Mr. Justin Heldt, Winsted Police Department Chief Mr. Tyler Bruns, Winsted Police Department Officer 1) Mayor Stotko called the meeting to order at 6:00 p.m. a) The Pledge of Allegiance was taken. 2) Consent Agenda Mayor Stotko read the Consent Agenda. a) Minutes Economic Development Authority December 16, 2014 Accepted the minutes of the December 16, 2014 Economic Development Authority Meeting. b) Minutes City Council Work Session January 6, 2014 Accepted the minutes of the January 6, 2014 City Council Work Session. c) Minutes City Council Regular Meeting January 6, 2014 Accepted the minutes of the January 6, 2014 City Council Regular Meeting. d) Minutes Downtown Vibrancy Commission Meeting December 9, 2014 Accepted the minutes of the December 9, 2014 Downtown Vibrancy Commission Meeting. e) Commissions Chair and Vice-Chair Recommendations Approved the recommendations of the Downtown Vibrancy Commission Chairperson and Vice-Chairperson. f) Holy Trinity Winstock Country Music Festival June 11 th, 12 th, and 13 th, 2015 Approved an Agreement between the City of Winsted and the Church of the Holy Trinity for emergency services, services provided by the City of Winsted, and the leasing of land between McLeod County Road Five (5) at the Winsted Municipal Airport during Winstock Country Music Festival, June 11 th, 12 th, and 13 th, g) Resolution R Holy Trinity Winstock Country Music Festival Liquor License 1

43 Adopted Resolution R to approve a one (1) to four (4) day Temporary On-Sale Liquor License for Holy Trinity s Winstock Country Music Festival for June 11 th, 12 th, and 13 th, h) Resolution R Holy Trinity Winstock Country Music Festival Gambling Application Adopted Resolution R to approve an application to conduct off-site gambling (pull-tabs) at Holy Trinity s Winstock Country Music Festival for June 11 th, 12 th and 13 th, i) Winstock Country Music Festival - Large Assembly Permit Approved the McLeod County Large Assembly Permit for Holy Trinity s Winstock Country Music Festival for June 11 th, 12 th, and 13 th, j) Temporary On-Sale Liquor License Holy Trinity Spring Dinner Auction Approved a one (1) to four (4) day temporary On-Sale Liquor License for Holy Trinity s Spring Dinner Auction on March 28, 2015 at the Holy Trinity School Gym. k) One (1) Day Temporary Consumption and Display Permit Winsted Arts Council Approved a one (1) day Temporary Consumption and Display Permit for the Winsted Arts Council for January 31, 2015 at 141 Main Avenue West. l) Gambling Permit Crow River Chapter 108 Ducks Unlimited Approved a gambling permit for Crow River Chapter 108 Ducks Unlimited, with no waiting period, to hold a raffle at The Blue Note Ballroom on April 13, m) December, 2014 Pledged Securities Security Bank and Trust Company Approved the Pledged Securities that Security Bank and Trust Company has purchased for the City of Winsted for the month of December, n) December, 2014 Building Permit Report o) Claims 3) No Public Hearings. 4) No Old Business. 5) New Business Approved the December, 2014 Building Permit Report. Approved the Claims List for January 20, Council Member Quast motioned to adopt the Consent Agenda as presented. Council Member Ollig seconded the motion. Motion carried 5-0. a) Housing Study Proposal Mr. Wilfahrt stated that City Staff has frequently received requests for certain types of housing in the City of Winsted. Residents and businesses have indicated a need for apartments, senior housing, and starter house development. City Staff has seen the lack of these types of housing first-hand and confers with the assessment that there is a minimal amount of certain types of housing in Winsted. Mr. Wilfahrt stated that he talked with several experienced individuals in municipal housing development. Those individuals explained that the City should consider a Housing Study if it would like to expedite housing development. A Housing Study will thoroughly examine housing stock in the City of Winsted and 2

44 make recommendations on what types of housing are needed. With a Housing Study in place, the City could also reach out to developers and try to attract investment in different types of housing construction in the Winsted Community. Mr. Wilfahrt stated that he reached out to two (2) firms that were recommended for housing studies; Maxfield Research and Community Partners Research, Incorporated. Maxfield Research responded and gave a quote of $12,500 plus travel and printing costs. Community Partners Research, Incorporated responded and gave a quote of $12,450 with all costs included. Mr. Wilfahrt stated that since the Community Partners Research, Incorporated quote was lower, and they come highly recommended from several sources, City Staff recommends accepting the Community Partners Research, Incorporated quote. Mr. Wilfahrt stated that the money to fund the Housing Study will come from the City s General Fund Reserve. Council Member Schulenberg asked when the housing study would begin. Mr. Wilfahrt stated that the City would have Community Partners Research, Incorporated start as soon as possible. He continued by stating that he has not received a timeline from Community Partners Research, Incorporated; but, typically housing studies are completed in sixty (60) to ninety (90) days. Mr. Wilfahrt stated that he would like to have the Housing Study in place before the spring and summer building season of the year Council Member Ollig stated that having the Housing Study completed is a good idea. Council Member Fasching motioned to approve a Housing Study Proposal from Community Partners Research, Incorporated in the amount of $12,450. Council Member Schulenberg seconded the motion. Motion carried 5-0. b) AWI Manufacturing - Insurance Acknowledgement Mr. Wilfahrt stated that AWI Manufacturing (AWI) made the City aware that there is a minor insurance issue that needs to be resolved regarding the Winsted Volunteer Fire Department (WVFD) Firefighters that work for AWI. AWI pays Firefighters their normal wage when they respond to emergency calls during the time they are working at AWI. This is beneficial to the City in that it helps recruitment and retention of volunteer firefighters; however, because AWI is paying a wage while the Firefighters are on calls, AWI could conceivably be liable for workers compensation claims for injuries their employees sustain while out on emergency calls. Neither City staff nor AWI thought that this was the proper way things should be done since the Firefighters would be working exclusively for the City when they are responding to an emergency call. Mr. Wilfahrt stated that he contacted the City s Employment Attorney, Ms. Kelly Dohm, regarding this matter. He continued by stating that Ms. Dohm is also AWI s Attorney. Mr. Wilfahrt presented a draft copy of the Insurance Acknowledgement Agreement prepared by Ms. Dohm. The Agreement basically states that if an employee of AWI, who is a member of the Winsted Volunteer Fire Department, responds to an emergency call and is hurt on that call, the City waives its right to seek compensation from AWI s Workers Compensation Insurance. Mr. Wilfahrt stated that the Agreement was reviewed by the City s insurance company, League of Minnesota Cities Insurance Trust (LMCIT), and they agreed that it was a good idea and encouraged City Staff to contact the City s other employers to sign a similar Agreement. Council Member Quast stated that she hopes that other City of Winsted companies will find AWI s practice a good one and also agree to pay the wages of any WVFD Firefighters when they respond to emergency calls while they are working. She continued by stating that she hopes it will encourage other employees to join the WVFD. Council Member Ollig stated that AWI Manufacturing is a good cooperate citizen in the City of Winsted and allowing their employees that are WVFD Firefighters to respond to emergency calls while they are working is another example of why they are. 3

45 6) Department Report Council Member Ollig stated that he would like City Staff to encourage other Winsted businesses to follow the same practice of allowing their employees that are WVFD Firefighters to be paid their wage when they respond to emergency calls while they are working. The rest of the City Council agreed. Council Member Quast motioned to approve an Insurance Acknowledgement between the City of Winsted and AWI Manufacturing. Council Member Schulenberg seconded the motion. Motion carried 5-0. a) Holy Trinity School Ms. Polly Christensen and Ms. Katie Albers, Holy Trinity High School Seniors, reported on the following: Ms. Albers stated that she is the President of Holy Trinity High School s Student Council and Vice-President of their National Honor Society. She continued by stating that she has attended Holy Trinity Schools from preschool age to a senior in High School. Ms. Albers stated that she plans to attend Bemidji State University starting in the fall of the year Ms. Christensen stated that she is has attended Holy Trinity Schools from preschool age to a senior in High School. She continued by stating that she is from the City of Lester Prairie, Minnesota. Ms. Christensen stated that she is the President of Holy Trinity s National Honor Society and Vice-President of their Student Council. After graduation, she plans to attend Loras College in Dubuque, Iowa and will be studying to be a teacher. Annual Marathon Largest all Holy Trinity Schools fundraiser. The goal was to raise $40,000 and $42,515 was raised. Over one thousand (1,000) prayer intentions were collected. Ms. Albers thanked all individuals and businesses that supported and donated to the Annual Marathon. Year 2014 Homecoming Was a successful event. Two prestigious awards were presented: 1. The Distinguished Alumni Award was given to Mr. John Entinger for his work with Winstock Country Music Festival and Holy Trinity s Building Committee. 2. The Holy Trinity Leadership Award was presented to Ms. Karen Schoen for her work in the Winsted Community and the Worn-A-Bit shop. Ms. Christensen stated that both Mr. Entinger and Ms. Schoen have been long time supporters of Holy Trinity Schools. Due to scheduling conflicts, Year 2014 Homecoming was shared with Lester Prairie, Minnesota High School. Lester Prairie, Minnesota High School hosted the Football game. A dance was held at the Holy Trinity High School gymnasium. Fall, 2014 Sports The Football team made it to the Section Championship game. The Volleyball team made it to the third (3 rd ) round of the playoffs. The Cross Country team continues to pair with Mayer Lutheran School. Holy Trinity School had one (1) soccer player this year. He is in seventh (7 th ) grade and is a member of Mayer Lutheran School s Soccer Team. Internet Holy Trinity School was connected to wireless capabilities for the year 2014 to year 2015 school year. With the generosity of alumni and friends of Holy Trinity Schools, I-Pads were purchased for all the School s teachers and students in grades six (6) through ten (10). Now technology is integrated into all of Holy Trinity School s classrooms. Ms. Allison Condon Holy Trinity High School Senior Year 2014 Named a Winsted Ambassador. Received the Don C. Guggemos Community Service Award. Holy Trinity Student Ms. Lauren Kahle Had one thousand (1,000) assists in Volleyball. 4

46 Named All-Conference for Volleyball. Holy Trinity Students Mr. Nathan Anderson and Mr. Roman Heimerl Both were named All-Conference for their Football Team. Programs That Give Back To The Winsted Community Fall of the year 2014 a Service Day was held: 1. Raked leaves and removed them from various resident s yards. 2. Cleaned up Mill Reserve Park. 3. Cleaned Holy Trinity s Adopt-A-Highway section of Minnesota State Highway Seven (7). McLeod County Food Shelf collections. Holy Trinity Students volunteer each month at the McLeod County Food Shelf. Holy Trinity High School s National Honor Society hosted a Toy Drive at Christmas in the year 2014 and a Coin Drive. The proceeds from the Coin Drive went to the McLeod County Food Shelf. Monthly trips to Sharing and Caring Hands. Conducted Operation Christmas Child. Supported a family who lost two (2) members of their family in a tragic car accident in November, Holy Trinity Students and Teachers collected money to assist the family in paying for bills that they had due and other expenses. Holy Trinity Students are also required to perform Service Hours; so, they provide various service opportunities throughout the Winsted Community. Holy Trinity School also has a partnership with Saint Mary s Care Center. Winter and Spring Year 2015 Activities and Events Catholic United Financial Raffle an all School fundraiser. Holy Trinity Students will be selling Raffle Tickets. Catholic Schools Week: 1. Kick-off is Saturday, January 24, 2015 Family Fun Fest. 2. All Winsted Community families are invited. 3. Runs from 5:00 p.m. to 8:30 p.m. 4. Held at Holy Trinity High School. 5. There will be games for children and Bingo for all ages. 6. The theme for Catholic Schools Week is Catholic Schools - Communities of Faith, Knowledge and Service. 7. Will be celebrating who we are and what makes us special with Catholic Schools across the nation. 8. Snow Fest will also be celebrated during Catholic Schools Week. Retreats Available to All Ages of Holy Trinity Students Provides students with an opportunity to deepen their faith and understanding. Holy Trinity High School Senior Graduation May 22, Majority of graduates are planning to attend college in the fall of the year The colleges include Saint Cloud State University, Saint Cloud Technical and Community College, Bemidji State University, and Loras College. Ms. Albers and Ms. Christensen thanked the City Council and Staff for the opportunity to present information about Holy Trinity Schools. Council Member Fasching asked Ms. Albers and Ms. Christensen what the City of Winsted needs to offer to help students. Ms. Albers stated that more activities would be helpful. Council Member Fasching asked if more work opportunities would be helpful. Ms. Albers and Ms. Christensen stated that they believe that there are sufficient work opportunities available in the City of Winsted. Ms. Christensen stated that Saint Mary s Care Center now has a program that provides employment for young adults. Council Member Ollig gave a brief overview of the program. He continued by stating that the program is called Universal Workers. The workers assist the residents at Saint Mary s Care Center with a variety of things. Council Member Quast thanked Ms. Albers and Ms. Christensen for providing the City Council and Winsted Community with the information that they did. 5

47 7) No Open Forum. 8) No Announcements. 9) Adjournment Council Member Ollig wished both Ms. Albers and Ms. Christensen with the very best in their future endeavors. Council Member Schulenberg stated that he and other members of the Winsted Community will be continuing round table discussions with the students at Holy Trinity School. He invited Ms. Albers and Ms. Christensen to participate in the round table discussions. Mayor Stotko asked Ms. Albers and Ms. Christensen if there is anything the City of Winsted can do to generate more interest in local government among Holy Trinity School s students. Ms. Christensen recommended that the City Council and City Staff present information on local government to students in their classrooms. Ms. Albers recommended that a presentation be made at an All-School Assembly in the gymnasium. Mayor Stotko asked if holding a City Council meeting again in the Holy Trinity School s gymnasium would be helpful. Ms. Albers and Ms. Christensen stated that would be helpful. Council Member Ollig invited Ms. Albers and Ms. Christensen to hold a Student Council meeting at City Hall; so, it can be videotaped and played on the City s cable television station. The City Council asked Ms. Albers and Ms. Christensen to contact the City of Winsted Staff if they have any questions and/or ideas on how to provide more education on local government. Mayor Stotko and the City Council thanked Ms. Albers and Ms. Christensen for attending the City Council meeting and providing information on Holy Trinity Schools. Council Member Quast motioned to adjourn the meeting. Council Member Ollig seconded the motion. Motion carried 5-0. The meeting was adjourned at 6:21 p.m. Steve Stotko Mayor City of Winsted ATTEST: Deborah R. Boelter, CMC City Clerk-Treasurer City of Winsted 6

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53 PRIME CONTRACT BETWEEN OWNER AND VOS CONSTRUCTION, INC. This agreement (the Contract ) dated 1/27/2015, is between Vos Construction Inc. and (the Owner ). City of Winsted 201 First Street N. P.O. Box 126 Winsted, MN RECITALS A. The work described in Section 1 below shall be performed in accordance with all plans, specifications, and all other Contract documents for the project known as: Winsted Fire Hall Re-roof B. The name and address of the construction lender (if applicable) is: N/A C. Accordingly, Owner and Contractor agree as follows: AGREEMENT 1. Scope. Contractor shall furnish all labor, materials, equipment and other facilities to complete the follow work: Scope of work is included per attached proposal dated 12/16/ Price. Owner shall pay Contractor $ 91, for the work, subject to adjustments for changes in the work as may be agreed to by Owner and Contractor, and as may be required by state or local regulating and/or inspecting authorities. Prime Contract Revised 6/13 Page 1 of 6

54 3. Payments a. Monthly Progress Payments. Owner shall pay Contractor in monthly progress payments for work completed. Monthly progress payment invoices, including Service Charge (if applicable), are due within 30 days of the invoice date. a. Service Charge. In addition to monthly progress payments, Contractor shall be entitled to a service charge of 1% per month on any payment amounts due and unpaid under the Contract. b. Retention. Owner shall retain 5% of each monthly progress payment until substantial completion of the Contract. Retention shall be calculated against the monthly progress payment amount, and not against the Service Charge. c. Final Payment. Final payment to Contractor including retention (if applicable) shall be made within 30 days after substantial completion of the Contract and submission of Contractor s final invoice to Owner. d. Differing Site Conditions. Owner represents and warrants that the site is suitable for construction. If differing site conditions are discovered by Contractor, and before the following conditions are disturbed, Contractor shall promptly notify Owner of any: i. Material or substances that Contractor believes may be hazardous, toxic, or pollution causing. ii. Subsurface or latent conditions in the site that differ from those contemplated in this Contract. iii. Physical conditions in the site of an unusual nature that are materially different than those ordinarily encountered and generally recognized as inherent in the scope of work provided for under this Contract. Upon receiving notice from Contractor of differing site conditions, Owner shall promptly investigate and report its findings to Contractor. If Owner finds that the differing site conditions are material, Owner shall take all reasonable and necessary action to correct the condition and make the site suitable for construction. Owner shall also authorize any change in cost to Contractor or any change in time for Contractor s performance by issuing an order for Changes in Work. Page 2 of 6

55 4. Changes in Work. Owner may change, add to, delete from, and/or revise the work. Owner shall provide written notice of changes in work to Contractor through delivery of changed drawings, specifications and exhibits, and/or work orders. When an adjustment in the Contract price or Contract time is required because of acts of Owner, differing site conditions, errors in plans and/or specifications, lack of work site access due to weather, fire, flood, acts of God or natural disasters, acts of thirdparties or other circumstances beyond Contractor s control, Contractor shall provide owner with a detailed estimate of the effect of these conditions on the Contract price and time for performance. Any adjustments in the Contract price shall be calculated in accordance with the general pricing structure of the Contract except when the conditions stated above render the general contract pricing inapplicable. When the general Contract pricing is inapplicable, the cost of the change or the amount of the adjustment shall be determined on the basis of the cost to Contractor plus reasonable amounts for overhead and profit. Contractor shall not be obligated to perform changes in the work or additional work until the Owner has approved, in writing, the changes to the Contract price and Contract time. 5. Suspension of Work. Contractor may suspend work until Owner makes payments as required under Section 3. Payments, and Differing Site Conditions, Section 4. Changes in Work, and any other circumstances beyond Contractor s control that will cause Contractor to suffer substantial financial hardship if work is continued. At any time during the term of this Contract, Contractor may request that Owner provide written assurance, in a form acceptable to Contractor, of Owner s ability to pay for the work remaining to be performed. Owner s failure to provide adequate assurance shall serve as reasonable justification for Contractor s suspension of work under this Contract. 6. Inspection of the Work. Contractor shall make the work accessible at all reasonable times for inspection by Owner. 7. Site Access and Rights of Way. When needed by Contractor, Owner shall provide all necessary access to the lands upon which the work is to be performed, including convenient access to the lands and any other lands designated in the Contract Documents for use by the Contractor. Owner shall continue to provide such access until completion of the Contract. Failure to provide access shall entitle the Contractor to an equitable adjustment in the Contract price and Contract time. 8. Termination. Owner shall reserve the right to terminate the work upon 10 days written notice to Contractor. If Owner terminates the work, Owner shall pay Contractor for the: e. Actual cost for work performed through the date of termination, f. Incurred costs of termination that include, but are not limited to: Page 3 of 6

56 i. demobilization costs, ii. termination charges by vendors and subcontractors, and g. Overhead and profit at 20% of all actual and incurred costs. 9. Indemnification. To the extent protected under the insurance provided by Contractor under Section 10., Contractor shall defend, indemnify and hold harmless Owner against claims, demands, lawsuits, and liabilities (including reasonable attorney fees) arising out of property damage or personal injury caused by or alleged to be caused by Contractor, Subcontractors, and/or Sub-subcontractors. 10. Insurance h. Provided by Contractor. Contractor shall purchase and maintain insurance to protect from claims as set forth below which may arise of or result from Contractor s operations under this Contract and for which Contractor may be legally liable: i. Workers compensation at limits required by statute. ii. Employer s liability is at limits of $100,000 per accident, $100,000/$500,000 occupational disease. iii. Commercial general liability, including coverage for completed operations, at limits of $1,000,000 per occurrence. iv. Automobile liability insurance, including coverage for hired and non-owned autos, at limits of $1,000,000 per accident. v. Umbrella liability insurance including employer s liability, commercial general liability and automobile liability, at limits of $3,000,000 per occurrence. i. Provided by Owner. Builder s risk insurance is not provided by the contractor but can be added to the contract for an additional cost; otherwise the Owner shall purchase and maintain property insurance written on a builder s risk all risk form, including risk of loss to Owner s property in the care, custody, and control of Contractor, Subcontractor, and/or Sub-subcontractors and loss or damage from risk of flood, in the amount which represents the replacement cost value of the Work. The insurance shall protect the interests of Owner, Contractor, Subcontractors, and Sub-subcontractors in the Work until final payment has been made under Section3. Payments or until no person other than the Owner has an insurable interest in the property. If the insurance is provided with deductibles, Owner shall bear all reasonable costs properly attributable to Page 4 of 6

57 loss amounts falling within the deductible. Owner, Contractor, Subcontractors, and Sub-subcontractors shall waive all rights of recovery against each other under this insurance. Any other insurance available to Owner, Contractor, Subcontractors, and Sub-subcontractors shall be excess of and shall not contribute with his insurance. 11. Warranty. Contractor warrants to the Owner that all material and equipment furnished under this Contract shall be new, unless otherwise specified, and that all work under this agreement will be performed in a good and workmanlike manner, shall be of good quality, free from faults and defects, and shall be in conformance with Contract documents for a period of one year following substantial completion. 12. Resolving Disputes. All disputes arising out of or related to this Contract shall be subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by Owner or Contractor. j. Mediation. Owner and Contractor shall endeavor to resolve their disputes by mediation which, unless the Owner and Contractor mutually agree otherwise, shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. Request for mediation shall be filed in writing with the other party to the Contract and with the American Arbitration Association. The request may be made concurrently with the filing of a demand for arbitration, but mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless, stayed for a longer period by agreement between Owner and Contractor or by court order. The costs of mediation shall be shared equally by Owner and Contractor. k. Arbitration. Disputes not resolved by mediation shall be decided by arbitration in accordance with Construction Industry Arbitration Rules of the American Arbitration Association. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association. No demand for arbitration shall be made after the date when institution of legal or equitable proceedings based on the dispute would be barred by the applicable Statute of Limitations. The arbitrator or arbitrators shall render their award in accordance with the jurisdiction and process of the laws for the State of Minnesota. The award shall be final and binding on Owner and Contractor, and may be entered in any court having jurisdiction. The prevailing party shall be entitled to recover its reasonable attorneys fees (including applicable charges for in-house counsel), expert witness fees, and other costs related to the arbitration from the other party. 13. Entire Agreement. This Contract represents the entire agreement between Owner and Contractor regarding the work described in Section 1. Scope, and supersedes any prior written or oral agreements or representations as to that work. Page 5 of 6

58 14. Modification and Waiver. No modification of the Contract, and no waiver of any breach of this Contract, shall be effective unless in writing and signed by an authorized representative of the party against whom enforcement is sought. No waiver of any breach of this Contract and no course of performance, course of dealing, or usage of trade between the parties shall be construed as a waiver of any subsequent breach. 15. Severability. A determination that any provision of this Contract is invalid or unenforceable shall not affect the other provisions of this Contract. 16. Headings. Section headings are for convenience of reference only and shall not affect the interpretations of this Contract. 17. Governing Authority. This contract shall be governed by the Laws of the State of Minnesota. 18. Special Provisions (including unit pricing, if applicable): See attached proposal notes for special clarifications. AGREED Date: Date: 01/27/15 OWNER: City of Winsted By: (Name) (Title) Vos Construction, Inc. By: Patrick Vos (Name) Project Manager (Title) 201 First Street North st Avenue P.O. Box 126 Green Isle, MN Winsted, MN (Address) (Address) Page 6 of 6

59 PROPOSAL To: Winsted Fire Department Date: 12/16/14 Revised th Street South Project: Winsted Fire Hall Re Roof Winsted, MN Attention: Chad Engel/ Clay Wilfahrt Submitted By: Pat Vos Dear Mr. Engel, We propose the following labor and materials to complete the scope of work listed below pertaining to the Winsted fire hall re-roof project. Scope of working includes: Remove existing shingles down to existing wood deck. Install Grace HT ice and water underlayment to existing wood deck. Install new concealed fastener Decra Shingle XD roof panel Install new.032 aluminum seamless gutters on north and south elevation above overhead doors. (3) closed faced downspouts are include per side. Total = $91,687 Notes: 1. Taxes have been excluded. 2. A lifetime warranty is included on the craftsmanship and leaks of the gutters. This warranty doesn t cover any acts of God or accidents that may occur from which were out of the control of the contractor. 3. A 50 year limited warranty is included on the Decra Shingle XD panel. 4. Permit, temporary restroom and dumpster is included 5. It is assumed that existing venting is of adequate design for attic condition 6. It is assumed that since the weight of the panel is approximately ½ the weight of a typical architectural asphalt shingle, that the rafters will take the new dead load. 7. All mechanical and electrical work is by others 8. It is assumed that there is only one layer of shingles on the existing roof. 9. Colorguard snow retention is not required with this roof panel. This proposal may be withdrawn by Vos Construction, Inc. if not accepted within 30 days from above date. Payments will be paid within 30 days of invoice ACCEPTANCE OF PROPOSAL The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made within thirty days of invoice. Signature Date of acceptance

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64 CITY OF WINSTED *Check Summary Register 01/29/15 3:22 PM Page 1 January 2015 Name Check Date Check Amt CBW Paid Chk# E MN DEPARTMENT OF REVENUE 1/20/2015 $ December, 2014 Sales & Use Tax Paid Chk# E MN Dept. of Labor & Industry 1/21/2015 $ th Quarter Building Pe Paid Chk# E TASC/Flex Systems 1/26/2015 $ Flex Spending Deduction - P.P. Paid Chk# E IRS-FEDERAL WITHHOLDING 1/26/2015 $1, Federal Withholding - P.P. #2 Paid Chk# E IRS-FICA 1/26/2015 $2, Medicare/S.S. - P.P. #2 Paid Chk# E MN DEPARTMENT OF REVENUE 1/26/2015 $ State Withholding - P.P. #2 Paid Chk# E PERA 1/26/2015 $3, Retirement Contribution - P.P. Total Checks $8, FILTER: None

65 CITY OF WINSTED *Check Summary Register 01/29/15 3:23 PM Page 1 January 2015 Name Check Date Check Amt CBW Paid Chk# Boelter, Deborah R. 1/26/2015 $1, Paid Chk# Bruns, Tyler M. 1/26/2015 $1, Paid Chk# Fasching, Max 1/26/2015 $ Paid Chk# Heldt, Justin C. 1/26/2015 $1, Paid Chk# Meyer, David C. 1/26/2015 $1, Paid Chk# Schlechter, John H. 1/26/2015 $ Total Checks $6, FILTER: None

66 CITY OF WINSTED *Check Summary Register 01/29/15 3:25 PM Page 1 January 2015 Name Check Date Check Amt CBW Paid Chk# Boelter, Deborah R. 1/20/2015 $ Mileage Reimbursement- Paid Chk# Mark Guggemos 1/20/2015 $3, AV Equipment/2014 Budget Item Paid Chk# Xcel Energy 1/20/2015 $5, Electric Utilities-Parks/2014 Paid Chk# People Service, Inc. 1/20/2015 $10, WWTF-Monthly Service Fee/Febru Paid Chk# Gavin, Winters, Twiss, 1/20/2015 $ PD-Legal Fees/2014 Budget Item Paid Chk# Tyler Bruns 1/20/2015 $ PD-Year 2015 Uniform Allowance Paid Chk# Gopher State One Call 1/20/2015 $ Locate Fees-Year 2015 Annual F Paid Chk# Preferred One 1/21/2015 $8, Health Insurance Prem-Employer Paid Chk# Jase Witucki 1/21/2015 $25.00 Video Camera Operator-01/20/15 Paid Chk# LMCIT 1/21/2015 $19, Year 2015 Workers Compensation Paid Chk# LMCIT 1/28/2015 $ Deductible for Claim #C Paid Chk# United Abstract Company 1/28/2015 $ Tract Check/O&E-Six Acres Semi Paid Chk# Citizens State Bank of Waverly 1/28/2015 $ H.S.A. Contribution-P.P. #2 Paid Chk# ICMA Retirement Corporation 1/28/2015 $ Employee Contrib.-Clerk/P.P. # Paid Chk# G & K Services 1/28/2015 $ PW-Uniforms Paid Chk# Dostal Electronic's Center 1/28/2015 $3, City Hall-Projector for Lewis Paid Chk# Jim Lammers 1/28/2015 $ PD-Reimbursement for Meals for Paid Chk# Winsted Area 1/28/2015 $ Year 2015 Annual Banquet Atten Paid Chk# E Bi-Weekly ACH 1/12/2015 $6, Paid Chk# E Bi-Weekly ACH 1/26/2015 $8, Total Checks $68, FILTER: None

67 CITY OF WINSTED *Check Summary Register 01/29/15 4:28 PM Page 1 February 2015 Name Check Date Check Amt CBW Paid Chk# nd & Main Properties 2/3/2015 $ Monthly Library Rent-February, Paid Chk# Central Hydraulics, Inc. 2/3/2015 $66.82 PW-Supplies Paid Chk# Robb Dobesh 2/3/2015 $ PW-Tools Paid Chk# Francis J. Eggert 2/3/2015 $1, FD-Legal Fees/2014 Budget Item Paid Chk# Hawkins, Inc. 2/3/2015 $6, Water-Chemicals for Treatment Paid Chk# Henning Excavating 2/3/2015 $8, PW-Haul Snow/2014 Budget Item Paid Chk# Laura Kosek 2/3/2015 $ FD-Janitorial Contract-Weeks 0 Paid Chk# K-Way Express, Inc. 2/3/2015 $ FD-Vehicle Repair Paid Chk# Metro West Insp. Serv., Inc. 2/3/2015 $ Building Permits-2014 Budget I Paid Chk# MVTL Laboratories, Inc. 2/3/2015 $36.00 Water Testing Paid Chk# Northland Securities, Inc. 2/3/2015 $ Year 2014 Limited Continuing D Paid Chk# Troy Scherping 2/3/2015 $93.53 FD-Reimbursement for Mileage a Paid Chk# St. Cloud Refrigeration, Inc. 2/3/2015 $ CH-HVAC/Htg. Maint. Contract Paid Chk# Steve Stotko 2/3/2015 $24.73 Mileage Reimbursement-KDUZ Rad Paid Chk# Tim Purcell Plbg. & Htg., LLC 2/3/2015 $25.50 FD-Softner Salt Paid Chk# Total Compliance Solutions, 2/3/2015 $ Random Personnel Drug Testing Total Checks $19, FILTER: None

68 Meeting Date: February 3, 2015 Submitted By: Clay Wilfahrt, City Administrator City Council Request Subject: Resolution R Sale of Forfeited Property BACKGROUND: The City of Winsted Police Department occasionally acquires property as a result of drug and alcohol forfeitures. In certain circumstances, vehicles and other possessions can be acquired through statutory authority granted by the State of Minnesota. Once the City acquires the forfeited property, the Police Department has a few options under State Statute. In most circumstances, the City can sell the property, or retain it for official use. If the City sells the property, seventy percent (70%) of the proceeds are deposited in the City s Forfeiture Fund. The remaining thirty percent (30%) of the proceeds go to the prosecuting attorney and the State of Minnesota. Typically, the City has chosen to sell the property at public auctions administered by the Police Department. In other instances, staff has chosen to retain the property, such as a snowmobile that the Police Department currently has. When selling forfeited property, the Police Department puts out a public notice and accepts bids at the Police Station. The auctions take a considerable amount of staff time to advertise and to be available for inspections of the property, and staff does not believe that this method is attracting many potential buyers and does not command competitive bids. Recently City staff reached out to Fahey Sales Agency Incorporated to see if they would sell City equipment. Fahey Sales Agency Incorporated is an auction company with offices in four (4) Minnesota communities including Glencoe and Hutchinson. McLeod County and several other local Police agencies utilize Fahey for sale of forfeited property. Fahey Sales Agency Incorporated indicated that they could sell the City property for an eight to twenty-five percent (8-25%) commission. The commission is based off of the value of the item. Staff believes that using Fahey will result in more competitive bids which will offset the commission cost. Additionally, staff time will not need to be used to advertise for bids, and to show the property to interested parties, which can often take a substantial amount of time. The Police Department will still be responsible for the public notices required by State Statute. If this resolution is approved, the Police Department will sell the snowmobile through Fahey due to its limited use. OPTIONS: 1) Approve Resolution R to authorize Fahey Sales Agency Incorporated to sell forfeited property obtained by the Winsted Police Department at the discretion of the Police Chief and City Administrator. 2) Other

69 RECOMMENDATION: Approve Resolution R to authorize Fahey Sales Agency Incorporated to sell forfeited property obtained by the Winsted Police Department at the discretion of the Police Chief and City Administrator. COUNCIL ACTION: Consider a motion to approve Resolution R to authorize Fahey Sales Agency Incorporated to sell forfeited property obtained by the Winsted Police Department at the discretion of the Police Chief and City Administrator.

70 CITY OF WINSTED RESOLUTION R RESOLUTION AUTHORIZING FAHEY SALES AGENCY INCORPORATED TO SELL FORFEITED POSESSIONS ACQUIRED BY THE CITY OF WINSTED POLICE DEPARTMENT WHEREAS, the City of Winsted Police Department occasionally obtains ownership of property through the result of drug and alcohol forfeitures; and WHEREAS, the City of Winsted Police Department occasionally desires to sell the property acquired through forfeiture AS-IS and with all faults; and WHEREAS, the City of Winsted Police Department wishes to have Fahey Sales Agency Incorporated sell property acquired through the forfeiture process in calendar year 2015 at the discretion of the Chief of Police and City Administrator; and WHEREAS, the City of Winsted Police Department will post all notices for sale of the property in accordance with Minnesota State Statutes; and WHEREAS, the City of Winsted Police Department, including its officers, employees, and agents, make no representations whatsoever, extend no warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability or fitness for a particular purpose, and assumes no responsibilities whatsoever with respect to design, development, manufacture, or use of the forfeited property. NOW, THEREFORE, BE IT RESOLVED, that the City of Winsted authorizes Fahey Sales Agency Incorporated to sell forfeited property acquired by the City of Winsted Police Department at the discretion of the Chief of Police and City Administrator. Adopted this 3rd day of February, Approved: Steve Stotko, Mayor Attest: Deborah R. Boelter, City Clerk-Treasurer

71 January 28, 2015 City of Winsted Attn: Clay Wilfahrt 201 First Street N Winsted, MN RE: City Engineer Council Report Dear Mr. Wilfahrt: To follow is an update of current engineering issues and recently completed engineering items within the City: Airport Items: Airport Capital Improvement Plan (ACIP) The 2015 ACIP was discussed with the City Council and submitted last fall. The 2015 proposed project is an Environmental Review for the future runway realignment Environmental Review Project Grant paperwork was submitted to the FAA requesting the project be funded at 90/10. The FAA is requiring a summary memo of the project status to date, a public meeting with the hangar owners, and a City Council resolution in support of the project. Luce Line Trail Alignment The property needed for the future trail relocation was purchased by the City and split into a separate property. Wastewater Treatment Plant: The final design of the revised plant upgrade project is underway. Research on the necessary additional treatment is being completed and will be brought before the Council in the near future. The pond decommissioning portion of the project has been approved by the Council as a separate project. Land application of some of the biosolids occurred in November. The required deadline for this work is January of A $2.5 million Point Source Implementation Grant was awarded to the City for phosphorus reduction improvements. This grant requires the project to be bid by the end of June of An easement is still preferred for the new outlet pipe location from the southwest corner of the site to the ditch. Discussions with applicable property owners have occurred. Industrial Park Expansion: A Feasibility Study was completed in the spring of 2013 and was presented to the Council in July of After additional research, the Entinger property was determined to be the preferred site. A boundary survey was completed to assist in the purchasing of the Entinger property. A topographic survey was also completed.