cp07-13-2010 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JULY 13, 2010
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Congregational UCC Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF JUNE 22, 2010
Action — Motion to approve as presented
6. CONSENTAGENDA ( Purpose: onlyfor items requiringCouncilapprov
t 71byexternalentities thatwouldotherwise
have been a egate to a City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13761 -RESOLUTION APPOINTING ELECTION JUDGES FOR 2010 STATE
AND MUNICIPAL PRIMARY AND GENERAL ELECTIONS
(b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
RAFAEL JIMENEZ TO OPERATE AN ICE CREAM TRUCK ON CITY STREETS
(c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO
STEPHANIE HANSEN TO OPERATE A PRODUCE STAND IN THE OUTPOST PARKING LOT
LOCATED AT 1201 MAIN STREET NORTH
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO POWER PULL NATIONALS LLC FOR JULY 16 & 17, 2010, AT MCLEOD COUNTY
FAIRGROUNDS
(e) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LEASE WITH ROBERT
PETERSON
(f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS— 6:00 P.M. -NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to craft wise
pot
icy. ways oo ing toward the future, not monitoring past)
(a) INFORMATIONAL PRESENTATION BY LORI PICKEL OF MCLEOD COUNTY HISTORICAL
SOCIETY
No action
CITY COUNCIL AGENDA —JULY 13, 2010
(b) DISCUSSION OF COPS GRANT APPLICATION— SECURE OUR SCHOOL
No action
9. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10- 0550 —AN ORDINANCE GRANTING
FRANCHISE TO CHERYL DOOLEY TO PLACE A FLAG POLE ON CITY PROPERTY AT 130
WASHINGTON AVENUE EAST (WAIVE FIRST READING AND SET SECOND AND ADOPTION OF
ORDINANCE NO. 10 -0550 FOR JULY 13, 2010)
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS
COMMUNICATIONS, LLC
Action — Motion to reject — Motion to approve
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT
Action — Motion to reject — Motion to approve
(b) DISCUSSION OF LOCAL SALES TAX OPTION
Action -
(c) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 24,20 10,
AT 4:00 P.M. FOR 2009 AUDIT REVIEW
Action — Motion to reject — Motion to approve
(d) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13,R,)05, SUBD. 3(C) TO DISCUSS
PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MNIDOT
�TH, 454 MAIN STRFET NORTH, 466
.*AVEE STREET NORTH, l 4TH AVENUE THE 4 .MOAN , 25 4 5 4TH AVENUE4 4 4TH VENUE
NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET
NE)
Action — Motion to reject — Motion to approve
11. GOVERNANCE (Purpose: toassesspastorganizationalperformance, developpolicy that guides the organization and
ouncilge the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) FIRE DEPARTMENT MONTHLY REPORT FROM JUNE 2010
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JUNE 22, 2010
1. CALL TO ORDER — 5:30 P.M.
ayor teve oo ca e t e meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost and
Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney.
2. INVOCATION — The invocation was dispensed.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF JUNE 8, 2010
Motion by Yost, second by Haugen, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: onlyfor items reguiringCouncil approval by external entities that would otherwise
a een delegated to t e City Administrator. Traditionally
ve , items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
ORDINANCE NO. 10 -0551 — AN ORDINANCE ESTABLISHING CREEKSIDE ADVISORY
BOARD (SET SECOND READING AND ADOPTION)
(b) PLANNING COMMISSION ITEMS
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES
DISPLAY LOCATED IN THE C -4 DISTRICT AT ANTIQUES TO GO, 934 HWY 15 SOUTH
WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT
RESOLUTION NO. 13758)
2. CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF
FIREWORKS LOCATED IN THE C-4 DISTRICT AT HUTCHINSON MALL, 1060 HWY 15
SOUTH, REQUESTED BY GERALD BRYER WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13759)
CONSIDERATION OF "STREET RIGHT OF WAY PLAT NO. 12" REQUESTED BY THE
CITY OF HUTCHINSON TO MODIFY THE MONTANA STREET NORTHWEST RIGHT OF
WAY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT
RESOLUTION NO. 13760)
(c) CONSIDERATION FOR APPROVAL OF PARK ELEMENTARY LEASE AGREEMENT
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL JULY
30-31,2010
(e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
5CA
CITY COUNCIL MINUTES —JUNE 22, 2010
TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FOR MCLEOD COUNTY FAIR
AUGUST 18 — 22, 2010
(f) CONSIDERATION FOR APPROVAL OF AMENDMENT TO MN/DOT AGREEMENT NO. 91425 —
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
(g) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS
COMMUNICATIONS, LLC
(h) CONSIDERATION FOR APPROVAL OF HUTCHINSON MUNICIPAL AIRPORT FUELING SYSTEM
UPGRADE STATE GRANT REQUEST
(i) CONS IDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO GERALD
BREYER TO SELL FIREWORKS IN THE HUTCHINSON MALL PARKING LOT FROM JUNE 25,
2010, TO JULY 5, 2010
Q) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO CHRIS
ULMER OF TNT FIREWORKS TO HAVE A TENT SALE IN THE WALMART PARKING LOT FROM
JUNE 28, 2010, TO JULY 5, 2010
(k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(a)1, 6(b)1, and 6(g) were pulled for separate discussion
Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of the items noted
above. Motion carried unanimously.
Item 6(a) 1 had further discussion. Mayor Cook noted that the Compost Advisory Board ordinance had
some revisions made to it based on the feedback received at the last Council meeting.
Motion by Haugen, second by Yost, to approve Item 6(a)1. Motion carried unanimously.
Item 6(b)l had further discussion.
Council Member Yost noted that the applicant had contacted him with some concerns about the two foot
setback requirement for the placement of his fence.
Mike Corcoran, 944 Hwy 15 South, presented before the Council. Mr. Corcoran explained that as part of his
conditional use permit application he was proposing to put a fence on his property line. One of the Planning
Commission members had suggested that the fence be put up two feet off of his property line. He requested
the ability to put the fence up to the property line if it is currently allowed by ordinance. He is proposing to
put up a chain link fence on the side yard for storage. Mayor Cook suggested that the language on the
conditional use permit allow for the fence to be put on the property line if it is maintenance free and
accessible for maintenance by the property owner.
Motion by Yost, second by Czmowski, to approve Item 6(b) 1, with the language in condition #8 to be read
as follows: "if fence is located closer than two feet to the property line, both sides of fence must be
able to be maintained from the owner's property." Motion carried unanimously.
Item 6(g) had further discussion. Mayor Cook noted that he wants to see the city treated fairly and the
proposed agreement allows for only a 2% inflationary increase each year. He suggested that the
inflationary rate increase should be based on the consumer price index.
Kent Exner, City Engineer, provided history on the contract negotiation with Midwest Wireless. He noted
that Midwest Wireless does have other options to locate their equipment. Negotiations were agreed on 2%
due to deflationary concerns of Midwest Wireless.
2 5 Cl)
CITY COUNCIL MINUTES —JUNE 22, 1010
Council Member Haugen also noted that he would like to see the inflationary factor based on the consumer
price index.
Jeremy Carter, Finance Director, presented before the Council. Mr. Carter raised some concerns with the
2% inflationary factor and was a proponent of perhaps having an inflationary factor based on the consumer
price index as well.
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted he was in favor of trying to
negotiate for more money up front or an increased annual rate.
Kent Exner noted he will go back to Midwest Wireless to negotiate the rent based on the consumer price
index.
Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey noted he has a tower on property he
owns on Lynn Road. He noted he does not own the tower, but the land that the tower is on. He noted the
rent he receives is very minimal based on today's numbers. In his contract, the rent is increased every five
years and is based on numbers from 1998.
Motion by Arndt, second by Cook, to table this item and negotiate rent with an annualized rental increase
based on the consumer price index, with a minimum yearly increase of 2% and a maximum of 4 %. Motion
carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF GRANTING FRANCHISE TO CHERYL DOOLEY TO PLACE
A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON AVENUE EAST (WAIVE FIRST
READING AND SET SECOND AND ADOPTION OF ORDINANCE NO. 10 -0550 FOR JULY 13, 2010)
Kent Exner, City Engineer, noted that the application is to place a flagpole in city right of way in a current
turf area located at 130 Washington Avenue East. Council Members had several questions related to
whether or not the pole would be lighted, type of flag, height of pole, etc.
Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously.
Motion by Czmowski, second by Yost, to table this item until more information can be received. Motion
carved unanimously.
(b) ASSESSMENT HEARING FOR SHERWOOD STREET SE EXTENSION PROJECT — ADOPT
ASSESMENT, ACCEPT BID AND AWARD CONTRACT (LETTING NO. 2, PROJECT NO. 10-02)
Kent Exner, City Engineer, ,presented before the Council. Mr. Exner explained that the project runs from
Airport Road to the Southwmds Plat running to Edmonton Avenue. A trail will be constructed on the east
side of the roadway. The low bid came in from R&R Excavatinq Inc. of Hutchinson with a bid amount of
$739,591.17. This bid amount came in just under the engineer s estimate. Mr. Exner noted that he has
spoken with the three adjacent property owners and all have communicated that they are on board with the
project and have no concerns with the assessment information.
Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to adopt assessment, accept bid and award contract on Letting No. 2,
Project No. 10 -02. Motion carried unanimously.
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra 1 wise
Po tcy. ways oo ng toward t e uture, not monitoring past)
9. UNFINISHED BUSINESS
10. NEW BUSINESS
5
CITY COUNCIL MINUTES — JUNE 22, 2010
(a) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 10, 2010,
AT 4:00 P.M. FOR 2009 AUDIT REVIEW
Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that he hoped to get this
workshop set earlier this year than last year. It was noted that the Council meeting will need to be
rescheduled due to primary election day on August 10, 2010, and therefore the workshop will not be able to
be held on August 10, 2010, at 4:00 p.m.
Motion by Czmowski, second by Yost, to set Council workshop for August 24, 2010, at 4:00 p.m. for 2009
audit review pending the auditor's schedule. Motion carried unanimously.
Motion by Arndt, second by Czmowski, to reset August 10, 2010, City Council meeting to begin at 4:00
p.m. due to election (no public meetings may be held between 6:00 — 8:00 p.m.). Motion carried
unanimously.
(b) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 1319,05, SUBD. 3(C) TO DISCUSS
PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MN /DOT
TRUNK HWY 7/15 PROPERTIES (442 MAIN STREET NWTH, 454 MAIN STR ET NORTH, 466
,*IN STREET NORTH, 480 MAIN STREET NORTH, 256 4 AVENUE NW, 264 4 AVENUE NW, 9
AVENUE NE, 11 4TH AVENUENE, 134 1 H AVENUE NE, 154TH AVENUE NE, 174TH AVENUE
NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET
NE)
Motion by Yost, second by Arndt, to convene into closed session at 6:40 p.m. Motion carried unanimously.
Motion by Arndt, second by Yost, to reconvene into open session at 7:59. Motion carried unanimously.
11. GOVERNANCE ( Purpose: toassesspastorganizational performance, develop policythatguides theorganizationand
ounci an manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2010
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2010
(b) PLANNING COMMISSION MINUTES FROM MAY 18, 2010
(c) JOINT PLANNING BOARD MINUTES FROM APRIL 21, 2010
(d) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2010
12. MISCELLANEOUS
Council Member Arndt— Bill Arndt suggested perhaps placing signs on the city limitboundaries indicating
all of the civic organizations that are part of the city.
Gary Plotz — Mr. Plotz noted that he is working on renegotiating the refuse hauling contract with Waste
Management and he plans on bringing something forward at the next meeting.
Kent Exner— Mr. Exner provided an update on the seal coating project. Washington Avenue is planned to
be completed July 17, 2010.
13. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously.
5 cq,�
RESOLUTION NO. 13761
RESOLUTION DESIGNATING THE LOCATION OF POLLING PLACE FOR ALL CITY
PRECINCTS AND APPOINTING JUDGES FOR THE 2010 CITY OF HUTCHINSON AND
STATE PRIMARY AND GENERAL ELECTIONS
WHEREAS, Chapter 204B, Section 204B.16, Subd. I and Section 20413.2 1, Subd. 2 of
the Laws of Minnesota states that the governing body of any municipality, by resolution adopted
prior to the giving of notice of the election, may designate the location of polling place of all
precincts (one, two, and three) and naming of judges for the City and School District Election.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCHINSON, MINNESOTA:
That the polling place to be used during the 2010 Elections for all precincts will
be in the Recreation Center located at 900 Harrington Street S.W., Hutchinson,
Minnesota.
2. That the Election Judges are hereby appointed in accordance with the attached
list.
Adopted by the City Council this 13`h day of July, 2010.
ATTEST:
Gary D. Plotz, City Administrator
Steven W. Cook, Mayor
(o tq�-) I
CITY OF HUTCHINSON AND STATE PRIMARY /GENERAL ELECTIONS 2010
PRECINCT 1
ROMAN /ANNE HAAS
* *ROXANNE JENSEN
*CATHY PRELLWITZ
ELAINE BLACK
BILL WEGNER
PEGGY KWITEK (PRIMARY ONLY)
MARY ANN KERKVLIET
JANET CONNER
PRECINCT 2
ROLLIS BALKE
DORI JOHNSON
BILL WEGNER
*MARK LEWANDOWSKI
* *DEETTA NELSON
RYAN POWELL
DORIS DAGGETT
GLADYS PILGRIM
PRECINCT 3
DARLEEN KNIGGE
PEARL SEALE
*DENNISSCHROEDER
PHYLLIS WESELOH
"MORRIS BJURLIN
GAIL FRANSEN
SANDY TRAXLER
ROB KUENZI
FRANK BOLLER
REGISTRATION TABLE
NANCY NACKERUD
ELIZABETH KURTH
GEORGE /SUSAN STANLEY
MAXINE ENGWALL
GREETER JUDGE
NELL GEHRKE
*indicates head judge
* *indicates assistant head judge
THE LOCAL AUTHORITY MAY MAKE SUBSTITUTIONS AS NECESSARY
(, b-)
NM
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & Council
FROM: Chief Dan Hatteno/
DATE: July 13, 2010
RE: Consent Agenda
Transient Merchant License Application and Investigation
Rafael Jimenez
A background check was conducted on Mr. Rafael Jimenez in reference to his obtaining a
Transient Merchant License in the City of Hutchinson. Mr. Jimenez is planning on selling
ice cream, candy's, pop and ship's by driving the city streets. He has sold in St. Cloud,
Willmar and Cokato. Mr. Jimenez has a valid driver's license listed as Rafael Jimenez -
Garcia. His last driving offense was in May of 2005. He does not have a criminal history.
• It would be my recommendation to grant Mr. Jimenez this transient merchant license based
on the information gathered during the investigation.
/Ikg
2010 -01 -0025
•
(A)
�Y1 ♦Y—WI —LV
I I I Hassan Strcet Southeast
Hutchinson, MN 55350
(320) 587- 5151/Fax: (320) 2344240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
2" X 2" Picture Required
❑ Solicitor
$125.00
Date of Application Z
❑ Transient Merchant
$125.00
p- Peddler
$125.00
Permanent Address: 2j [}
❑Parade Peddler
$30.00
Applicant Information
2" X 2" Picture Required
Name: q % t yy1 L t7tf L
Height: Weight: ZLO Eye Color.
Driver's License Number: State:
Permanent Address: 2j [}
City St� ZIP
Permanent Telephone:
Temporary Address:
City Slate Zlp
Temporary Telephone Access:
Have you been convicted o any crime,
traffic violations? L3 yes no
misdemeanor, or violation of any municipal ordinance, other than
If yes, state the nature of offense and
punishment or penalty assessed therefore:
('Q
Cdy of Hutchouon
APPhcahom for Peddlers, Soliciiorx and Tranutemt Memhomu
Page 7 of 4
Location Address City State
Business Information
Describe relationship between applicant and employer:
ni�? r
Describe nature of business and describe item(s) offered:
Describe method of delivery:
6,y fa�Ur.K
Describe source of supply:
hit �rr_(?I, nlacl
Supplier Name
Suppkr Pho r Number
Supplier Addmss
Ctry Star ZIP
Supplier Name
Suppler Phan Number
Supplier Addrexs
Gry Smte ZIP
Supplier Name
Suppler Room Number
Supplier Address
City State Z!
Reference Information
Provide two (2) property owners (preferably in McLeod County) for chatact references:
OlaKc� Ab peoai
�
l,
Property nr Name
A-
Property ner Addrry
zUl any— �
P ny Owrrr Phan Number
Fijalir 00 z0
City State Zip
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3210
Property Owner Owner Name
Property Owner Phame Number
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Pr r Owner Address �°
, ss
city � S�/L2 IC
(.0 (,6)
City ofHuichinson
Applicatron for Peddlers, Soliafors, and Transient Merchonfs
Page 3 of J
List last (up to three (3)) previous city(ies) where you carried on same activity:
C °(Ot1C� VJU �Q�- to ;U0
( City State Date(s) of Activity
n,A Q- � All 0 FY! to
City State Date(s) of Activity
GY—V'G 0 !J 1ho to
City State Datc(s) of Activity
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): T yes ❑ no
Application completed in full and signed: ❑ yes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a perigdngoxceeding 90 days or both, plus, in either case, the costs of prosecution.
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
H./UCm ApylintiMn eld ,, Sdicibr Trap Mm
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MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & Council
FROM: Chief Dan Hatter
DATE: July 7, 2010
RE: Consent Agenda
Transient Merchant
Stephanie Hansen
License Application and Investigation
A background check was conducted on Ms. Stephanie Hansen in reference to her
obtaining a Transient Merchant License in the City of Hutchinson. Ms. Hansen is planning
on selling produce from a stand she will set up in the Outpost parking lot. She has already
received permission from the Outpost to locate there. This is the first time Ms. Hansen has
applied for a license.
It would be my recommendation to grant Ms. Hansen this transient merchant license based
on the information gathered during the investigation.
/Ikg
2010 -01 -0023
C0(�)
/L�rG�fi�7(�
I Hassan Stract Southeast
Hutchinson. MN 55350
(3 20) 5 87- 5 15 IT= (3 20) 23 4-4240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND T'RANSIENT MERCHANTS
Application Type (choose one)
Solicitor
S125.00
Date of Application tocw�
Transient Merchant
S125.00
I
11 Peddler
S 125
ElParade Peddler
$30,00
Awlicant Infonuation
2"' X 2" Picture Required
Zia ve-you been convict-ex
traffic violations? 13 yes
Name. !_ ..
Height: C) Weight: Eye Color:
Driver"s License Nwnber- State:
,ht,
Pennanent Aodres 01-
616 -6t, n
ci Stare ZIP
7 C1 ') —
Permanent Telephone, 4-U
Temporary Address:
cio State zip
Temporary Telephone Access,
any crime, afisd errs eanor, or violaElon of any municipal ordinance,, other than
no
If yes} state the nature of bffense and punishment or penalty assewd therefore:
c� c�>
City of Hutchinson
Applicallan for Peddlers, Solicitors, and Transienl Merchants
Page l of 4
LM Er O
Address
. BUSinesB:�n€Or- fnetSOri � - -
- - �r
—1 Dteesscribe relationship between apphcantt d,e�Toyer.
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Describe nature of busi ess and describe item(s) offered:
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Describe method of delivery:
nibe sourci of supply:
64
(Z�/i'1
—her Name
Suppler Phone Number
SupplierrAddress
Ciry Stale Zip
Supplier Name
Suppler Phone Number
Supplier Address
Ciry Score Zip
Supplier Name
Suppler Phone Number
SupplierAddresi
city Stale zip
Provide two (2) pro rty ers (preferably in McLeod County) for character references:
P, 7C_ ', W .3ZD-ci�3 - 7.3�Ct
Properly Owner Na to roperry Owner Phone Number
�IVI 5 35
City J� tole
Zf
Proper Owner Name roperry Owner Phone Nuinter
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City of Hutch imon
Applicalion for Peddlers, Solicilors, and Tramimt Merchm s
Page 3 of 4
List last (up to tl ree (3)) previous city(ies) where you carried on same activity:
to
Smote Date(s) of Activity
t0
State Date(s) of Activity
to
State Date(s) of Activity
Checklist.
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): ❑ yes ❑ no
Application completed in full and signed: ❑ yes ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate.
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a period not exgeding 90 days or both, plus, in either case, the costs of prosecution.
App�icaat's Signature
l
Internal" Use Only - - - -
Police ❑ approved ❑ denied Notes: _
City Council ❑ approved ❑ denied Notes:
Hl UWWAppl IOMPeMd SOIeiiar,T CRLE
3
Date
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111
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I t t Hassan Street Southeast
Hutchinson, MK 55350
(320) 587 -5151 /1`ax, (320) 2344240
Short Term 3.2 Malt Liquor
Fee: 5125.00
City of Hutchinson
APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE
In provisions of the City of Hutchinson Municipal Code Chapter 112
All applications must be received at least 10 days before City Council Meeting in order to be considered
Applicant Information
Pow e42- uj l ►b_-h orNc>_4 s LLG
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BusinessiOrganization .Name
Phone Number
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Busines&VrganizationAddress
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State Zip
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Phone Number
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Applicant Address
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State Zi
Officer(s)/Owner(s) of the Organization/Business (ifnecessary, list additional names on separate sheet)
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man
Title
.Name
Title
Name
Title
32 Malt Liquor Sales Information
Location of Sales
I ddress
1c /L" 4( 27""t o14 /0
Dates) of Sales
Q � V _� / Rr,n y s r�
COntaCt Peryon '
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application fee paid in full (check or money order): Yyy ❑ no
Application completed in full and signcd by a 01;/es applicant: ❑ no
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON' those
certain premises in the City of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21
years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of
said applicant or any interest therein
City offfulchinson
dpplrcalion for ShorlTerri 32 Afah
Liquor License — On -Sale
Page 2 oft
That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and
hereby agrees to observe and obey the same.
Each Applicant further states that he/she is not now the holder of, nor has he/she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted.
6-A .2-010
Date
Police Chief Recommendation
{approved ❑ denied No es:
-.7 Z
ice Chie S'i ature Date
■
rd
City of Hutchinson
Hutchinson Municipal Airport — Butler Field
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 2344219 Fax (320) 234 -6971
July 6, 2010
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
Subject: Airport Agricultural Lease - Robert Peterson
As part of the airport expansion in 1994, the City of Hutchinson purchased approximately
8.75 acres of land from Robert & Karen Peterson. The signed a lease that was in effect from
1994 -2004. The lease automatically renewed for another ten year period 2005 -2015.
Since the original lease was signed, the property owner installed a buffer strip along the ditch
that lies on the east side of the property. Some of the buffer strip runs through the leased
property. To get proper credit for the buffer strip, Robert Peterson is requesting the City
authorize a lease for the crop years 2003 to 2017 (a fifteen -year lease).
The proposed lease is attached and includes standard airport agricultural lease language. The
term of the lease is reasonable when compared to the original lease and charges for the lease
also reflects language included in the original lease document.
The highest and best use of this piece of property continues to be agricultural, since the land
lies, in its entirety, within 750 feet of the runway centerline and cannot be developed.
Staff recommends entering into a lease for crop years 2003 -2017 with Robert Peterson for
8.75 acres, more or less, of agricultural land owned by Hutchinson Municipal Airport.
c'( e-)
AGRICULTURAL LEASE AGREEMENT
THIS AGREEMENT, made this _ day of , 2010, by and between the City of
Hutchinson, a Minnesota Municipal Corporation, ( "City"), and Robert Peterson, 16
Grove St SW, Hutchinson, MN 55350, ( "Tenant").
1. Propgty Description: The City hereby rents to the Tenant in consideration of the
rents and promises hereinafter described the following property located in the County
of McLeod and State of Minnesota, described in Exhibit A. The property contains
8.75 acres, more or less, of tillable agricultural fields.
2. Term. The term of this Lease is for 15 crop years commencing on the I' day of
February 2003 and terminating on the last day of November, 2017. By mutual
agreement, an additional term may be granted.
3. Rent. At the Tenant's option, periodic payments may be made, providing full
payment is received by November 15 of each year. Rents are calculated on the basis of
8.75 tillable acres. For and during the term of this Lease the following sums are payable
by November 15 each year as follows:
2003:
$1
2004:
$1
2008:
$1
2009:
$1
2013:$1
2014:
$1
2005: $1
2010: $1
2015: $1
2006: $1
2011: $1
2016: $1
2007: $1
2012: $1
2017: $l
a) Tillable acres used for the basis of this document were calculated using the City's
Geographic Information System equipment. Any dispute related to tillable acres
shall be determined by mutual agreement between the tenant and the City using
sound geographic information procedures. The City's Public Works Manager must
make adjustments in writing.
b) The tenant waives any right to withhold rent in any claim against the City.
c) The tenant grants permission to the City to construct municipal service improvements
as necessary. In the event construction shall take land the tenant has planted, a credit
shall be negotiated between the City and the Tenant not to exceed the crop loss prices
paid by the Minnesota Department of Transportation for the crop planted when land
is taken. Credits shall be applied to rents due. The tenant shall not plant any land
staked by the Owner or its agents or representatives for construction.
d) Rent shall be paid at Hutchinson City Center, 111 Hassan St SE, Hutchinson,
Minnesota and be credited to appropriate accounts.
4. City's Responsibilities. The City shall be responsible for paying or doing the
following:
a) The City's Public Works Department shall cooperate with the Tenant to the
fullest extent possible to coordinate the application of biosolids from the City's
Wastewater Treatment plant, should that action be determined in the best interest
of the City by that Department.
b) The City's Wastewater Department shall comply with all local, state, and federal
regulations pertaining to the application of biosolids on fields leased,
c) The City shall peaceably allow the tenant to occupy the land for normal,
customary agricultural practices.
5. Tenant Responsibilities. Tenant shall be responsible for paying or doing the
following:
a) The tenant shall occupy the premises for agricultural purposes only. The tenant
will use normal, customary farming practices in the care and maintenance of the
property and, without limiting normal practices, keep the premises free of
noxious weeds to the extent possible.
b) The tenant shall pay rent in a timely manner as prescribed herein.
c) The tenant agrees to comply with all statutes, ordinances, rules, orders,
regulations, and requirements of the federal, state, county, and municipal
governments regulating the use of the premises.
d) The tenant shall coordinate with and allow, at the City Public Works
Department's discretion, the application of biosolids from the City's Wastewater
Treatment Plant on fields leased by the tenant.
b ce-)
e) Any applications of fertilizer made after the City's Public Works Department has
identified a field for deposition of biosolids shall be coordinated with the City's
Public Works Department. The tenant shall not apply fertilizer at quantities
greater than those determined by the Public Works Department.
f) The tenant shall allow access to the property by the City and its agents during all
reasonable hours for the purpose of examining the property to ascertain
compliance with the terms of this Agreement and for the purpose of carrying out
operations and functions necessary to the operation of an airport or municipal and
any other lawful purpose including, but not limited to, exhibiting the property for
sale.
g) The tenant shall not remove or move any existing structures or improvements
made to the property by the City. The tenant may not store equipment on the
property for periods exceeding one week without coordinating such storage with
the City.
h) The tenant shall pile rocks or other items taken out of any field in areas
designated by the City.
i) The tenant shall plow back all fields prior to the termination of this lease.
j) The tenant shall not hunt, nor allow hunting on this property. This property is in
the corporate limits of the City of Hutchinson.
6. Independent Entities. The City does not retain the tenant as an agent of the City nor
of the municipal airport. The tenant does not retain the City as an agent of the tenant.
The City shall not provide to the tenant, its agents or employees, any benefits or
expenses, including, but not limited to insurance for liability or property, or ordinary
business expenses.
7. Costs associated with this Lease. The City is not responsible for paying any of the
tenant's costs associated with this Lease, including preparation of the property for
farming. The tenant shall pay all costs related to farming the property, including the cost
of plowing property back at the end of this lease.
8. Insurance. The tenant shall acquire and maintain property and/or liability insurance
adequate for operations conducted on the property. The tenant shall provide proof of
insurance upon request by the City. The tenant, while performing any service or function
related to this lease, agrees to indemnify, save and hold harmless, defend the City and all
its agents and employees from any and all claims, demands, actions or causes of action of
whatever nature or character arising out of or by reason of the execution or performance
of functions provided in accordance with this agreement.
9. Assignment and Subletting Prohibited. Tenant agrees to assign or sublease the
premises only with the written consent of the City, provided such consent is not
unreasonably withheld. If the City does not consent, it may, at its option, terminate the
lease.
10. Surrender of Possession. The tenant shall surrender the property to the City in good
condition and repair upon termination of the Lease, whether by lapse of time or
otherwise
11. Termination by the City. The City may, after providing 90 days written notice to the
last known address of the tenant, take possession of the property for any purpose deemed
in the best interest of the City. The City shall allow the tenant to remove crops with
normal, customary farming practices or return all rents paid for the year and compensate
the tenant at rates not to exceed the crop loss prices paid by the Minnesota Department of
Transportation for the crop planted when land is taken.
12. Remedy. If the tenant fails to pay the rent when due or fails to perform any of the
promises contained in this Lease, the City may re -enter and take possession of the
property and hold the property without such re- entering working a forfeiture of the rents
to be paid by the tenant for the full term of the Lease, after furnishing the tenant with a
thirty (30) day written notice, to the last known address of the tenant, specifying the
default.
13. Quiet Enjoyment. The City promises that the tenant shall peaceably and quietly have,
hold, and enjoy the leased property for the term of this Lease provided tenant pays the
rent and performs the promises described herein.
14. Tenant's Default. Rights and remedies of the tenant are cumulative. None shall
exclude any other right or remedy allowed by law or other provision of this agreement.
In the event of one of the following acts, the tenant shall be in default:
a) Tenant fails, neglects, or refuses to pay any installment of rent or any other
monies agreed to be paid, as provided in this Lease when those amounts become
due and payable, and if such failure continues for five (5) days after written
notification by the City.
b) Any voluntary or involuntary petition or similar pleading under any sections of
any bankruptcy act shall be filed by or against the tenant or should any
proceeding in a court or tribunal declare the tenant insolvent or unable to pay
debts.
c) Tenant fails, neglects, or refuses to keep and perform any other conditions of this
Lease, and if such failure continues for a period of 30 days after written
notification by the City.
d) Should the tenant make any assignment of any interest in this Lease to any entity
without the written consent of the City.
In the event of any default or violation of this Lease continuing more than 30 days after
written notification by the City to the tenant of default, the City may enter into and take
absolute possession of the property. Possession of the property in these conditions does
not relieve the tenant of the obligation to pay the rent or abide by other conditions of the
Lease.
In the event of any default or violation of the Lease continuing more than 30 days after
written notification by the City to the tenant of a default, the City may return any rents
paid by the tenant for that year and lease the property to another tenant.
15. Lease Aareement is Binding This Lease Agreement shall be binding upon the
parties hereto and their heirs, successors and assigns.
(D (e)
16. Venue for Causes of Action. This agreement shall be governed by the laws of the
State of Minnesota and the venue for all causes of action shall be McLeod County,
State of Minnesota.
17. Notification. Notification related to lease shall be sent to the following addresses:
Tenant: .
Robert Peterson
16 Grove St SW
Hutchinson, MN 55350
Phone (320) 587 -5103
Owner's Representative
John Olson,
Public Works Manager
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234 -4473
Fax (320) 234 -6971
IN TESTIMONY WHEREOF, the City and Tenant have set their hands as of the day
and year first above written.
CITY OF HUTCHINSON
By:
Attest:
Steven W. Cook, Mayor
Gary Plotz, City Administrator
ROBERT PETERSON
6 C, (e)
Exhibit A
Agricultural Property Described as:
Agricultural property of 8.75 acres, more or less,
all located in the City of Hutchinson,
McLeod County, State of Minnesota
That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116 North, Range 30
West of the 51h Principal Meridian, described as follows: Beginning at the northeast comer of said
Northwest Quarter; thence westerly, along the north line of said Northwest Quarter, a distance of 627.70
feet to the intersection with a line parallel with and 750.00 feet southwesterly of, measured at a right angle
to, the center line of the Hutchinson Municipal Airport runway and its northwesterly prolongation; thence
southeasterly, along said parallel line a distance of 1360.47 feet to the intersection with the east line of said
Northwest Quarter; thence northerly, along said east line, a distance of 1213.41 feet to the point of
beginning.
(v ce-)
ELECTRONIC FUNDS TRANSFERS
COUNCIL MEETING 07/13/10
TAX
FUND
FUEL
HATS
LIQUOR
LIQUOR
SALES
PRCE CIVIC ARENA
USE
WATER SEWER CRE
GAfinsneckforms%cm electronicfundstrensfers.xls
PAYABLE TO
MN DEPT OF REV
MN DEPT OF REV
MN DEPT OF REV
MN DEPT OF REV
AMOUNT
$1,695.65
$79,249.00
$702.00
$12,096.00
c,(f)
PAYROLL DATE: 07/02/2010
Period Ending Date: 06/26/2010
FOR COUNCIL LIST ONLY - ELECTRON16 TRANSFER
TO STATE AND IRS
DO NOT ISSUE CHECKS FOR THIS PAGE
AMOUNT
ACCT*
$25,052.98
9995.2034
$14,217.32
9995.2240
$4,135.25
9995.2242
NAME DESCRIPTION
WITH. TAX Employee Contribution - Federal Tax
ACCOUNT
Employee Contribution - Soc. Security
Employee Contribution - Medicare
$43,405.55 Sub -Total - Employee Contribution
$14,217.32 9995.2240 Employer Contribution - Social Security
$4,135.25 9995.2242 Employer Contribution - Medicare
$18,352.57 Sub -Total - Employer Contribution
$81,758.12 Grand Total - Withholding Tax Account
$12,060.80 9995.2035 MN DEPT OF REVENUE
$17,404.13 9995.2241 PERA Employee Contribution - Pension Plan
$22,142.08 9995.2241 Employer Contribution - Pension Plan
$39,646.21 Sub -Total - PERA
$26.01 9995.2243 PERA -DCP Employee Contribution - Pension Plan
$26.01 9995.2241 Employer Contribution - Pension Plan
$52.02 Sub - Total - DCP
$39,598.23 GRAND TOTAL - PERA
Finance Director Approval
Per Journal Entries DMteranca
Fica
$ 28,434.84
Medicare
$ 8,270.50
Withholding
$ 25,052.98
Total
$ 61,758.12 $040
State Tax $ 12,060.80 $0.00
Para $ 39,572.22
DCP $ 26.01
Total $ 39,598.23 $0.00
co (-(-)
b
r�
7/8/2010
Page -
CITY OF HUTCHINSON
R55CKREG
LOG22001V0
Council Check Register
7/2/2010
7/13/2010
Check x
Ck Date
AMOUNT
Vendor/ Explanation
Account Description
160766
7/2/2010
133.01
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
160767
7/2/2010
502.17
H.A.R.T.
ACCRUED DEFERRED COMP
160768
7/2/2010
1,141.13
HUTCHINSON, CITY OF
UTILITIES
160769
7/212010
2,141.151CMA
RETIREMENT TRUST
ACCRUED DEFERRED COMP
160770
7/212010
1,689.60
ING LIFE & ANN CO.
ACCRUED DEFERRED COMP
160771
7/2/2010
528.00
NCPERS LIFE INS.
ACCRUED LIFE INSURANCE
160772
7/2/2010
500,000.00
NUCRANE MANUFACTURING, LLC
LOAN
160773
7/13/2010
3,578.88
313SPECIALTIES
SIGNS & STRIPPING MATERIALS
160774
7/13/2010
10,000.00
ABDO, EICK & MEYERS
AUDIT& FINANCE
160776
7/13/2010
836.83
ACE HARDWARE
OFFICE SUPPLIES
160777
7/13/2010
282.00
ACTION ACCENTS
OPERATING SUPPLIES
160778
7/13/2010
18.00
ADAMS, KRIS
OTHER CONTRACTUAL
160779
7/13/2010
1,561.37
AEM MECHANICAL SERVICES, INC
CONTRACT REPAIR & MAINTENANCE
160780
7/13/2010
5.00
AMBERG, KRYSTAL
RECREATION ACTIVITY FEES
160781
7/13/2010
80.16
AMENT, ADAM
UNIFORMS & PERSONAL EQUIP
160782
7/13/2010
289.60
AMERICAN BOTTLING CO
COST OF SALES -MLSC
160783
7/13/2010
136.75
AMERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
160784
7/13/2010
446.74
AMS COATING SYSTEMS INC.
SIGNS & STRIPPING MATERIALS
160785
7/13/2010
7,928.06
ANDERSON CHEMICAL COMPANY
CHEMKAS & PRODUCTS
160786
7/13/2010
34.00
ANDERSON, RACHEL
RECREATION ACTIVITY FEES
160787
7/13/2010
63.73
ARAMARK UNIFORM SERVICE
CLEANING SUPPUES
160788
7/13/2010
1,151.15
ARCTIC GLACIER PREMIUM CE INC
COST OF SALES -MISC
160789
7/13/2010
1,030.00
ARNESON DISTRIBUTING CO
COST OF SALES-BEER
160790
7/13/2010
164.83
ARNOLD'S OF GLENCOE, INC
CENTRAL GARAGE REPAIR
160791
7/13/2010
99.35
ARROWHEAD SCIENTIFIC INC
OPERATING SUPPLIES
160792
7/13/2010
252.23
BACHMAN'S
OPERATING SUPPLIES
160793
7/13/2010
10,995.00
BARGEN INC
CONTRACT REPAIR & MAINTENANCE
160794
7/13/2010
1,592.00
BARN YARD, THE
RECEIVED NOT VOUCHERED
160795
7/13/2010
298.52
BARNUM GATE SERVICES INC
RECEIVED NOT VOUCHERED
7/8/2010
Page -
b
160796
7/13/2010
14,485.35
BEACON BANK
M15CELLANEOUS
160797
7/13/2010
4,403.50
BELLBOY CORP
COST OF SALES -MISC
160798
7/13/2010
275.00
BENUSA, ALLEN
VARIANCE FEES
160799
7/13/2010
300.44
BERNICK'S
COST OF SALES -MISC
160800
7/13/2010
5,077.65
BFG SUPPLY COMPANY
RECEIVED NOT VOUCHERED
160801
7/13/2010
129.25
BIELKE -DU12, HEATHER
RENTS -BLDGS OTHER
160802
7/13/2010
244.10
BLACK GOLD ENVIRONMENTAL SERVI
CONTRACT REPAIR & MAINTENANCE
160803
7/13/2010
54.49
BRANDON TIRE CO
CENTRAL GARAGE REPAIR
160804
7/13/2010
1,162.00
BRAUN INTERTEC CORP
PROFESSIONAL SERVICES
160805
7/13/2010
8,261.14
BRYAN STRETCH TRUCKING
FREIGHT -IN
160806
7/13/2010
512.00
BUERKLE, ROGER
OTHER CONTRACTUAL
160807
7/13/2010
29.76
BUFFALO CREEK ENTERPRISES
COST OF SALES -MISC
160808
7/13/2010
51.00
BUSCHE, MAUREEN
OTHER REVENUES
160809
7/13/2010
64.00
BUSHMAN, RAQUEL
OTHER CONTRACTUAL
160810
7/13/2010
752.40
BUSINESSWARE SOLUTIONS
RECEIVED NOT VOUCHERED
160811
7/13/2010
71,771.15
C & L DISTRIBUTING
COST OF SALES -BEER
160812
7/13/ 2010
135.45
CADD /ENGINEERING SUPPLY
OFFICE SUPPUES
160813
7/13/2010
592.99
CALIFORNIA CONTRACTORS SUPPLIE
SAFETY SUPPLIES
160814
7/13/2010
120.00
CANNON RIVER WINERY
COST OF SALES -WINE
160815
7/13/2010
540.00
CARLOS CREEK WINERY
COST OF SALES -WINE
160816
7/13/2010
510.42
CARLSON TRACTOR & EQUIP
160817
7/1312010
10.11
CARQUEST OF HUTCHINSON
REPAIR & MAINTENANCE SUPPUES
160818
7/13/2010
594.00
CARRIGAN, CORY
OTHER CONTRACTUAL
160819
7/13/2010
550.00
CARSON PATROL SHOP LLC
AUTOMOTIVE REPAIR
160820
7/13/2010
69.98
CARTER, RANDY
UNIFORMS & PERSONAL EQUIP
160821
7/13/2010
1,122.00
CATES, SHAY
OTHER CONTRACTUAL
160822
7/13/2010
4.56
CENTRAL HYDRAULICS
RECEIVED NOT VOUCHERED
160823
7/13/2010
239.50
CENTRAL MCGOWAN
RECEIVED NOT VOUCHERED
160824
7/13/2010
200.00
CHEF CRAIG'S CAFE & CATERERS
RENTS -BLDGS OTHER
160825
7/13/2010
100.00
CLABO, TROY
UNIFORMS & PERSONAL EQUIP
160826
7/13/2010
32.06
CMK SERVICES LLC
OTHERCONTRACTUAL
160827
7/13/2010
512.00
COLLATT, WARREN
OTHER CONTRACTUAL
160828
7/13/2010
816.00
COLORLYNE DIRECTORIES OF MN
ADVERTISING
160829
7/13/2010
1,012.07
COMDATA CORPORATION
FOOD PRODUCTS- CONCESSION
160830
7/13/2010
4, 700.00
COMMERCIAL ASPHALT REPAIR LLC
CONTRACT REPAIR & MAINTENANCE
160831
7/13/2010
100.46
COMPAR, INC
OPERATING SUPPLIES
160832
7/13/2010
11.00
CORRA GROUP
PROFESSIONAL SERVICES
160833
7/13/2010
514.24
COUNTRY INN &SUITES
TRAVEL SCHOOL CONFERENCE
160834
7/13/2010
249.87
CREEKSIDE SOILS
OPERATING SUPPLIES
160835
7/13/2010
142.74
CROW RIVER AUTO &TRUCK REPAIR
CENTRAL GARAGE REPAIR
160836
7/13/2010
335.02
CROW RIVER PRESS INC
PRINTING & PUBLISHING
160837
7/13/2010
587.81
CROW RIVER SIGNS
CENTRAL GARAGE REPAIR
160838
7/13/2010
617.16
CUMMINS NPOWER, LLC
CONTRACT REPAIR & MAINTENANCE
160839
7/13/2010
370.12
CUSTOM PRODUCTS & SERVICES
CENTRAL GARAGE REPAIR
160840
7/13/2010
SSO.00
CWA CONSULTING SERVICES
TRAVEL SCHOOL CONFERENCE
160841
7/13/2010
12,619.98
DAY DISTRIBUTING
COST OF SALES -BEER
160842
7/13/2010
496.00
DONOHUE & ASSOCIATES
PROFESSIONAL SERVICES
160843
7/13/2010
30.00
DOSTAL ELECTRONIC'S CENTER
CONTRACT REPAIR & MAINTENANCE
160844
7/13/2010
2,005.15
DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
160845
7/13/2010
36.20
DROP -N -GO SHIPPING, INC
RECEIVED NOT VOUCHERED
160846
7/13/2010
1,174.07
DYNA SYSTEMS
RECEIVED NOT VOUCH ERED
160847
7/13/2010
2,895.25
E2 ELECTRICAL SERVICES INC
RECEIVED NOT VOUCHERED
160848
7/13/2010
9,566.97
EARTHLY DELIGHTS, LTD,
MISCELLANEOUS
160849
7/13/2010
2,876.00
EATON CORPORATION
CONTRACT REPAIR & MAINTENANCE
160850
7/13/2010
63.65
ECONO FOODS
OPERATING SUPPLIES
160851
7/13/2010
374.94
EHLERS & ASSOCIATES INC
PROFESSIONAL SERVICES
160852
7/13/2010
192.00
ELECTRO WATCHMAN
CONTRACT REPAIR & MAINTENANCE
160853
7/13/2010
140.69
EPIC PRODUCTS INC
COST OF SALES -MISC
160854
7/13/2010
282.19
EXNER, KENT
LICENSES & TAXES
160855
7/13/2010
748.13
EXSTED, HARRY
OPERATING SUPPLIES
160856
7/13/2010
145.50
EXTREME BEVERAGE LLC
COST OF SALES -MISC
160857
7/13/2010
100.00
FAHEY SALES AGENCY, INC.
MISCELLANEOUS
160858
7/13/2010
817.96
FARMER BROTHERS COFFEE
OPERATING SUPPLIES
160859
7/13/2010
113.42
FASTENALCOMPANY
SAFETY SUPPLIES
160860
7/13/2010
200.00
FIEDLER, DALE
MISCELLANEOUS
160861
7/13/2010
572.00
FINNELL, RYAN
OTHER CONTRACTUAL
160862
7/13/2010
2,271.00
FIRE SAFETY USA, INC
SMALL TOOLS
160863
7/13/ZO30
478.00
FIRST CHOICE FOOD & BEVERAGE S
OFFICE SUPPLIES
160864
7/13/2010
115.02
FISHER SCIENTIFIC
OPERATING SUPPLIES
160865
7/13/2010
96.00
FLEISCHACKER, ALAN
OTHER CONTRACTUAL
160866
7/13/2010
103.67
FORESTRY SUPPLIERS INC
REPAIR& MAINTENANCE SUPPLIES
160867
7/13/2010
1,828.33
FRONTLINE PLUS FIRE & RESCUE
SMALL TOOLS
160868
7/13/2010
69.41
G & K SERVICES
OPERATING SUPPLIES
160869
7/13/2010
185.86
GALLS AN ARAMARK CO
UNIFORMS & PERSONAL EQUIP
160870
7/13/2010
8,737.15
GARICK CORPORATION
RECEIVED NOT VOUCHERED
160871
7/13/2010
201.68
GE WATER& PROCESS TECHNOLOGIE
EQUIPMENT PARTS
160872
7/13/2010
377.65
GEB ELECTRICAL INC
BUILDING REPAIRS
160873
7/13/2010
389.37
GRAINGER
REPAIR & MAINTENANCE SUPPUES
160874
7/13/2010
868.10
GRAND PERE WINES INC
COST OF SALES -WINE
160875
7/13/2010
197.72
GRANIT BROW
IMPROV OTHER THAN BLDGS
160876
7/13/2010
6,159.86
GREAT LAKES ENTERPRISES INC
RECEIVED NOTVOUCHERED
160877
7/13/2010
416.00
GRIMM, DANIEL W
OTHER CONTRACTUAL
160878
7/13/2010
100.00
GROEHLER, FLOYD
UNIFORMS & PERSONAL EQUIP
160879
7/13/2010
110.00
GRUNZKE, MATT
OTHER CONTRACTUAL
160880
7/13/2010
128.00
GUENINGSMAN, DANIEL
OTHER CONTRACTUAL
160881
7/13/2010
760.00
GUNDERSON, MICHAEL
OTHER CONTRACTUAL
160882
7/13/2010
462.64
H &L MESABI
EQUIPMENT PARTS
160883
7/13/2010
156.00
HANSEN DEMOLITION LANDFILL
REFUSE - RECYCLING
160884
7/13/2010
2,984.50
HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
160885
7/13/2010
5.00
HANSEN GRAVEL
REPAIR& MAINTENANCE SUPPUES
160886
7/13/2010
3,169.68
HARRIS SERVICE
CONTRACT REPAIR & MAINTENANCE
160887
7/13/2010
1,293.75
HAWKINS INC
CHEMICALS & PRODUCTS
160888
7/13/2010
3,899.23
HD SUPPLY WATERWORKS LTD
EQUIPMENT PARTS
160889
7/13/2010
602.00
HEMMAH, LLOYD
OTHER CONTRACTUAL
160890
7/13/2010
249.40
HENRY'S WATERWORKS INC
REPAIR & MAINTENANCE SUPPLIES
160891
7/13/2010
4,573.17
HEWLETT - PACKARO CO
RECEIVED NOT VOUCHERED
160892
7/1312010
831.94
HILLYARD / HUTCHINSON
CLEANING SUPPUES
160893
7/13/2010
30.00
HOFFMAN, CINDY
TREE APPLICATION /PERMITS
160894
7/13/2010
968.14
HOLT MOTORS INC
CENTRAL GARAGE REPAIR
160895
7/13/2010
495.00
HOLT TOUR &CHARTER
OTHER CONTRACTUAL
160896
7/1312010
15.00
HOMETOWNSPORTS
OPERATING SUPPLIES
160897
7/13/2010
1,169.34
HUTCHINSON CO-OP
CHEMICALS & PRODUCTS
160898
7/13/2010
513.00
HUTCHINSON CONCRETE
RECEIVED NOT VOUCHERED
160899
7/13/2010
8,925.65
HUTCHINSON CONVENTION & VISITO
LODGING TAX REIMBURSEMENT
160900
7/13/2010
5,269.71
HUTCHINSON LEADER
ADVERTISING
160901
7/ 13/ 2010
132.00
HUTCHINSON MEDICAL CENTER
MISCELLANEOUS
160902
7/13/2010
51.80
HUTCHINSON PLUMBING & HEATING
CENTRAL GARAGE REPAIR
160903
7/13/2010
225.00
HUTCHINSON SENIOR ADVISORY BOA
OPERATING SUPPOES
160904
7/13/2010
125,635.42
HUTCHINSON UTILITIES
STREET LIGHTING UTILITIES
160905
7/13/2010
1,363.60
HUTCHINSON WHOLESALE
CENTRAL GARAGE REPAIR
160906
7/13/2010
2,000.00
HUTCHINSON, CITY OF
MISCELLANEOUS
160907
7/13/2010
64.00
IBBITSON, JEANNE
OTHER REVENUES
160908
7/13/2010
96.00
IDE, GERALD
OTHER CONTRACTUAL
160909
7/13/2010
416.00
IDE, NATHAN
OTHER CONTRACTUAL
160910
7/13/2010
344.99
INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
160911
7/13/2010
536.14
JACK'S UNIFORMS & EQUIPMENT
UNIFORMS & PERSONAL EQUIP
160912
7/13/2010
2,066.11
JEFF'S ELECTRIC
RECEIVED NOT VOLICHERED
160913
7/13/2010
184.36
JIM'S GARDEN SERVICE
OTHER CONTRACTUAL
160914
7/13/2010
1,036.10
JJ TAYLOR DIST OF MN
COST OF SALES-BEER
160915
7/13/2010
751.60
JOES SPORT SH0P
OPERATING SUPPLIES
160916
7/ 13/ 2010
28,868.64
JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -BEER
160917
7/13/2010
200.00
JORDAHL, JIM
OPERATING SUPPUES
160918
7/13/2010
11,393.42
JUUL CONTRACTING CO
CONTRACT REPAIR &MAINTENANCE
160919
7/13/2010
550.00
KDUZ KARP RA0IO
ADVERTISING
160920
7/13/2010
200.00
KLABUNDE, IAN
RENTS- BL.DGS OTHER
160921
7/13/2010
528.00
KLITZKE, LUKE
OTHER CONTRACTUAL
160922
7/13/2010
1,434.11
KNIFE RIVER
CONTRACT REPAIR & MAINTENANCE
160923
7/13/2010
119.99
KOGUN, KEVIN
UNIFORMS & PERSONAL EQUIP
160924
7/13/2010
104.99
KOSEK, ANDREW
UNIFORMS &PERSONAL EQUIP
160925
7/13/2010
15.25
KOSEK, RICHARD
EQUIPMENT PARTS
160926
7/13/2010
352.00
KOTTKE, GARY
OTHER CONTRACTUAL
160927
7/13/2010
16,534.44
KRAEMER TRUCKING & EXCAVATING
IMPROV OTHER THAN BLDGS
160928
7/13/2010
3,400.00
KUE CONTRACTORS INC
BUILDINGS
160929
7/13/2010
8,102.42
L &PSUPPLY CO
RECEIVED NOT VOUCHERED
160930
7/13/2010
57.69
LANDSCAPE CONCEPTS, INC
LANDSCAPE MATERIALS
-
160931
7/13/2010
395.00
LEAGUE OF MN CITIES
TRAVEL SCHOOL CONFERENCE
160932
7/13/2010
295.00
LEAGUE OF MN CITIES
TRAVEL SCHOOL CONFERENCE
160933
7/13/2010
252.00
LEE, JEREMY
OTHER CONTRACTUAL
160934
7/13/2010
30.00
LEMBCKE, PAT &DAVE
TREE APPLICATION /PERMITS
160935
7/13/2010
1,090.13
LITTLE CROW SHOOTING SPORTS
OPERATING SUPPLIES
160936
7/13/2010
44,664.30
LOCHER BROTHERS INC
COST OF SALES -BEER
160937
7/13/2010
23,887.00
LOGLS
DATA PROC EQUIPMENT RENTAL
160938
7/13/2010
59.99
LOKENSGARD, THOMAS
UNIFORMS & PERSONAL EQUIP
160939
7/13/2010
16,637.00
LTP ENTERPRISES
CONTRACT REPAIR & MAINTENANCE
160940
7/13/2010
4,149.15
LYNDE & MCLEOD INC
RECEIVED NOT VOUCHERED
160941
7/13/2010
97.44
M -RSIGN
SIGNS& STRIPPING MATERIALS
160942
7/13/2010
2,789.45
MACQUEEN EQUIP INC
CENTRAL GARAGE REPAIR
160943
7/13/2010
159.24
MAIN STREET SPORTS BAR
OPERATING SUPPLIES
160944
7/13/2010
195,268.55
MATHIOWETZ CONSTRUCTION
IMPROV OTHER THAN BLDGS
160945
7/13/2010
15.00
MCDONALD TRAILER PARK
TREE APPUCATION /PERMITS
160946
7/13/2010
19.75
MCLEOD COUNTY COURT ADMINISTRA
MISCELLANEOUS
160947
7/13/2010
198.00
MCLEOD COUNTY RECORDER
PROFESSIONAL SERVICES
160948
7/13/2010
46.00
MCLEOD COUNTY RECORDER
PRINTING & PUBLISHING
160949
7/13/2010
171,929.22
MCLEOD COUNTY TREASURER
IMPROV OTHER THAN BLDGS
160950
7/13/2010
289.62
MCLEOD PUBLISHING INC
PRINTING & PUBLISHING
160951
7/13/2010
301.50
MEHR, BRIAN
TRAVEL SCHOOL CONFERENCE
160952
7/13/2010
1,672.07
MENARDS HUTCHINSON
CHEMICALS & PRODUCTS
160953
7/13/2010
146.07
MIDWEST MACHINERY CO
REPAIR & MAINTENANCE SUPPUES
160954
7/13/2010
95.00
MINNEAPOLIS, CITY OF
OTHER CONTRACTUAL
160955
7/13/2010
1,452.76
MINNESOTA DEPT OF AGRICULTURE
DUES & SUBSCRIPTIONS
160956
7/13/2010
42.00
MINNESOTA DEPT OF AGRICULTURE
LICENSES & TAXES
160957
7/13/2010
11.50
MINNESOTA DEPT OF MOTOR VEHICL
MISCELLANEOUS
160958
7/13/2010
11.50
MINNESOTA DEPT OF MOTOR VEHICL
MISCELLANEOUS
160959
7/13/2010
11.50
MINNESOTA DEPT OF MOTOR VEHICL
MISCELLANEOUS
160960
7/13/2010
390.00
MINNESOTA DEPT OF PUBLIC SAFET
TELEPROCESSING EQUIP
160961
7/13/2010
337.50
MINNESOTA ELEVATOR INC
CONTRACT REPAIR & MAINTENANCE
160962
7/13/2010
495.00
MINNESOTA NURSERY & LANDSCAPE
DUES & SUBSCRIPTIONS
160963
7/13/2010
23.00
MINNESOTA POLLUTION CONTROL AG
LICENSES & TAXES
160964
7/13/2010
56.45
MINNESOTA SHREDDING
REFUSE - RECYCUNG
160965
7/13/2010
2,910.00
MINNESOTA VALLEY TESTING LAB
OTHER CONTRACTUAL
O
160966
7/13/2010
265.87
MORAN USA, LLC
COST OF SALES -MISC
160967
7/13/2010
459.00
MORGAN CREEK VINEYARDS
COST OF SALES -WINE
160968
7/13/2010
892.56
MOTION INDUSTRIES INC
RECEIVED NOT VOUCHERED
160969
7/13/2010
75.00
NATIONAL ARBOR DAY FOUNDATION
DUES & SUBSCRIPTIONS
160970
7/13/2010
23150
NEPM DIV OF AM-DA INC
OPERATING SUPPUES
160971
7/13/2010
68.12
NEKTEL COMMUNICATIONS
COMMUNICATIONS
160972
7/13/2010
96.00
NORMAN, DICK
OTHER CONTRACTUAL
160973
7/13/2010
559.44
NORTH CENTRAL LABORATORIES
OPERATING SUPPLIES
160974
7/13/2010
535.00
NORTH SHORE ANALYTICAL INC
OTHER CONTRACTUAL
160975
7/13/2010
1,248.04
NORTHERN BALANCE & SCALE
EQUIPMENT PARTS
160976
7/13/2010
297.91
NORTHERN BUSINESS PRODUCTS
OFFICE SUPPLIES
160977
7/13/2010
135.56
NORTHERN SAFETY &INDUSTRIAL
SAFETY SUPPLIES
160978
7/13/2010
275.96
NORTHERN STATES SUPPLY INC
EQUIPMENT PARTS
160979
7/13/2010
79.98
NOWAK, JENNIFER
UNIFORMS & PERSONAL EQUIP
160980
7/13/2010
1,917.13
NU- TELECOM
MISCELLANEOUS
160981
7/13/2010
229.79
O'REILLY AUTO PARTS
EQUIPMENT PARTS
160982
7/13/2010
544.00
OELFKE, MARK
OTHER CONTRACTUAL
160983
7/13/2010
182.56
OENOPHILLA
COST OF SALES -MISC
160984
7/13/2010
153.94
OFFICE OF ENTERPRISE TECHNOLOG
COMMUNICATIONS
160985
7/13/2010
41.00
OUTDOOR MOTION
OPERATING SUPPLIES
160986
7/13/2010
301.85
P.F. PETTIBONE & CO.
OPERATING SUPPLIES
160987
7/13/2010
74.90
PAULSON, JOHN
TRAVEL SCHOOL CONFERENCE
160988
7/13/2010
216.00
PEARCE,GREG
PROFESSIONAL SERVICES
160989
7/13/2010
400.00
PELLINEN LAND SURVEYING
PROFESSIONAL SERVICES
160990
7/13/2010
15.00
PENWELL, DEB
TREE APPLICATION /PERMITS
160991
7/13/2010
19,200.53
PHILLIPS WINE &SPIRITS
COST OF SALES -WINE
160992
7/13/2010
444.56
PLOTZ, GARY D
TRAVEL SCHOOL CONFERENCE
160993
7/13/2010
872.00
POHLMEIER, RICH
OTHER CONTRACTUAL
160994
7/13/2010
448.00
POPP, RANDY
OTHER CONTRACTUAL
160995
7/13/2010
35.02
POSITIVE ID INC
MISCELLANEOUS
160996
7/13/2010
1,440.00
POSTMASTER
POSTAGE
160997
7/13/2010
187.04
PRIEVE LANDSCAPING & LAWN CARE
CONTRACT REPAIR & MAINTENANCE
160998
7/13/2010
9,852.68
PRINCE OF PEACE SENIOR APT INC
MISCELLANEOUS
160999
7/13/2010
27.00
PRIORITY 1 LIFE SAFETY
OPERATING SUPPLIES
D
U
161000
7/13/2010
200.02
PRO AUTO& TRANSMISSION REPAIR
CENTRAL GARAGE REPAIR
161001
7/13/2010
1,333.80
PRO CARE SERVICES INC
CONTRACT REPAIR & MAINTENANCE
161002
7/13/2010
9433
PRO -BUILD
REPAIR & MAINTENANCE SUPPLIES
161003
7/13/2010
396.11
QUAOE ELECTRIC
REPAIR& MAINTENANCE SUPPUES
161004
7/13/2010
2,391.86
QUALITY CONTROL & INTEGRATION
OTHER CONTRACTUAL
161005
7/13/2010
240.47
QUALITY FLOW SYSTEMS
EQUIPMENT PARTS
161006
7/13/2010
18,192.41
QUALITY WINE &SPIRITS CO.
COST OF SALES -WINE
161007
7/13/2010
1,527.60
RJ.L TRANSFER
FREIGHT
161008
7/13/2010
2,039.44
RAMSTAD TECHNOLOGIES LLC
REFUNDS & REIMBURSEMENTS
161009
7/13/2010
112.75
RBSCOTT EQUIPMENT
RECEIVED NOT VOUCHERED
161010
7/13/2010
2,726.71
REINER ENTERPRISES, INC
FREIGHT - IN
161011
7/13/2010
846.45
REINER IRRIGATION & SEPTIC INC
OPERATING SUPPLIES
161012
7/13/2010
27.86
RELIABLE OFFICE SUPPUES
OFFICE SUPPLIES
161013
7/13/2010
3,954.21
ROYALTIRE
RECEIVED NOT VOUCHERED
161014
7/13/2010
433.25
RUNNING'S SUPPLY
RECEIVED NOT VOUCHERED
161015
7/13/2010
384.76
RUTTGERS BAY LAKE LODGE
TRAVEL SCHOOL CONFERENCE
161016
7/13/2010
62.98
SCHIROO ELECTRICAL REBUILDING
RECEIVED NOT VOUCHERED
161017
7/13/2010
18.00
SCHLUETER, JOEL
OTHER CONTRACTUAL
161018
7/13/2010
19,867.03
SCHMEUNG OIL CO
MOTOR FUELS & LUBRICANTS
161019
7/13/2010
7,946.33
SCHOOL DIST# 423
OTHER REVENUES
161020
7/13/2010
64.20
SCOTT'S WINDOW CLEANING SERVIC
AUDIT& FINANCE
161021
7/13/2010
3,602.98
SEH
PROFESSIONAL SERVICES
161022
7/13/2010
465.86
SEPPELT, MILES
TRAVEL SCHOOL CONFERENCE
161023
7/13/2010
461.23
SHARE CORP
CHEMICALS & PRODUCTS
161024
7/13/2010
79.07
SHELLENBARGER, VIRGENE
OFFICE SUPPLIES
161025
7/13/2010
40.76
SHOPKO
OPERATING SUPPLIES
161026
7/13/2010
126.13
SIMPLEXGRINNELL LP
CONTRACT REPAIR & MAINTENANCE
161027
7/13/2010
228.98
SORENSEN'S SALES & RENTALS
RECEIVED NOT VOUCHERED
161028
7/13/2010
2,781.64
SPRINT
COMMUNICATIONS
161029
7/13/2010
983.84
ST. JOSEPH'S EQUIPMENT INC
RECEIVED NOTVOUCHERED
161030
7/13/2010
850.73
STANDARD PRINTING
RECEIVED NOT VOUCHERED
161031
7/13/2010
1,950.51
STAPLES ADVANTAGE
OFFICE SUPPLIES
161032
7/13/2010
1,100.00
STEILE CONSTRUCTION
CONTRACT REPAIR & MAINTENANCE
161033
7/13/2010
95.87
TARGET BANK
SAFETY SUPPLIES
161034
7/13/2010
87.00
TEK MECHANICAL
CONTRACT REPAIR &MAINTENANCE
161035
7/13/2010
20.00
TESCHENDORF, ALTHEA
CAMPGROUND FEES
161036
7/13/2010
512.00
THOMPSON, BENJAMIN
OTHER CONTRACTUAL
161037
7/13/2010
125.00
THOMPSON, ERIC
UNIFORMS & PERSONAL EQUIP
161038
7/13/2010
34.00
THUNSTROM, MICHELLE
RECREATION ACTIVITY FEES
161039
7/13/2010
584.54
TIMBERLAKE LODGE
TRAVEL SCHOOL CONFERENCE
161040
7/13/2010
326.34
TIMBERLAKE LODGE
TRAVEL SCHOOL CONFERENCE
161041
7/13/2010
326.34
TIMBERLAKE LODGE
TRAVEL SCHOOL CONFERENCE
161042
7/13/2010
1,344.98
TKDA
PROFESSIONAL SERVICES
161043
7/13/2010
28.00
TOTAL FIRE PROTECTION
CONTRACT REPAIR & MAINTENANCE
161044
7/13/2010
17,161.42
TREBELHORN &ASSOC
MOTOR FUELS & LUBRICANTS
161045
7/13/2010
978.56
TRICO TCWIND, INC
EQUIPMENT PARTS
161046
7/13/2010
7,692.30
TWIN CITY PALLETS INC.
RECEIVED NOT VOUCHERED
161047
7/13/2010
616.19
TWO WAY COMMUNICATIONS INC
CONTRACT REPAIR & MAINTENANCE
161048
7/13/2010
944.00
UHLCOMPANY
CONTRACT REPAIR & MAINTENANCE
161049
7/13/2010
9.00
UNIVERSITY OF MINNESOTA
PROFESSIONAL SERVICES
16 D5O
7/13/2010
112.92
USA BLUE BOOK
REPAIR & MAINTENANCE SUPPLIES
161051
7/13/2010
1,991.75
USPS- HASLER
POSTAGE
161052
7/13/2010
74.76
VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENANCE
161053
7/13/2010
20,386.40
VIKING BEER
COST OF SALES -BEER
161054
7/13/2010
36835
VIKING COCA COLA
COST OF SALES -MISC
161055
7/13/2010
132.00
VOELZ, JOEL
OTHER CONTRACTUAL
161056
7/13/2010
130.40
WAL -MART COMMUNITY
MISCELLANEOUS
161057
7/13/2010
815.78
WASTE MANAGEMENT OF WI -MN
REFUSE - RECYCUNG
161058
7/13/2010
5,396.00
WCCO -AM
RECEIVED NOT VOUCHERED
161059
7/13/2010
60.00
WELCOME NEIGHBOR
ADVERTISING
161060
7/13/2010
833.33
WELLS FARGO INSURANCE SERVICES
PROFESSIONAL SERVICES
161061
7/13/2010
1,088.95
WINE MERCHANTS INC
COST OF SALES -WINE
161062
7/13/2010
17,679.05
WIRTZ BEVERAGE MINNESOTA
FREIGHT
161063
7/13/2010
21,319.72
WOODUNE SAWMILLS, INC
RECEIVED NOT VOUCHERED
161064
7/13/2010
74.00
WOODS, CANDICE
COST OF SALES -MISC
161065
7/13/2010
2,012.85
WORK CONNECTION, THE
OTHER CONTRACTUAL
161066
7/13/2010
55.00
WRIGHT COUNTY SHERIFFS OFFICE
OTHER CONTRACTUAL
161067
7/13/2010
755.46
XEROX CORP
COPY MACHINE
161068
7/13/2010
3,375.00
ZACHOW, NORMAN
FREIGHT -IN
161069
7/13/2010
155.98
ZEP MANUFACTURING CO
EQUIPMENT PARTS
161070
7/13/2010
309.70
ZIEGLER INC
CONTRACT REPAIR & MAINTENANCE
1,666,689.14
Grand Total
Payment Instrument Totals
Check Total
1 1,666,689.14
Total Payments
1 1,666,689.14
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor and Council �/
FROM: Chief Daniel HattenOP"
DATE: July 6, 2010
RE: Communication
COPS — Secure Our Schools (SOS) Grant
On July 2, 2010, this department submitted a COPS grant application entitled Secure Our
Schools. This grant is designed by the Federal government to be a partnership with law
enforcement and the schools in their area. The main object is to improve school security
and safety while incorporating the community policing philosophy. This department joined
with Independent School District 423 to apply for the grant monies available. The deadline
for applying was July 2nd.
Due to the short time frame in which to apply for the grant not all the particulars have been
determined. The SOS grant does require a 50% match from the agencies that apply.
Since this is a partnership with ISD 423 a portion of the matching funds will be provided by
them — how much is yet to be calculated. The total amount of the proposed project is
$149,670.
Before accepting any award with regard to this grant I, along with Superintendant
Vanderheiden, will outline who is responsible for what dollars and will each present the
information to our respective governing bodies to discuss their willingness and / or ability to
accept the grant.
/Ikg
2010 -01 -0022
Ordinance No. 10 -0550
Publication No.
• AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO CHERYL DOOLEY,
HOMETOWN REALTY, TO PLACE A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON AVENUE EAST
THE CITY OF HUTCHINSON ORDAINS:
Section 1, The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor, hereby
grants to Cheryl Dooley, Hometown Realty, hereafter referred to as Grantee, a franchise to place a flag pole on City owned property at
130 Washington Avenue East,
Section 2. The franchise is granted for a term of 20 years commencing on the date of the acceptance of the franchise.
Grantee shall file a written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after
the effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of
general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. In addition, a yearly
filing fee of $0.00 must be paid. Furthermore, at the end of the franchise period, the City will consider renewing the franchise
agreement through a separate process.
Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and maintenance
of facilities located along, over and under the public premises before mentioned and the placement of such facilities,
Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in any and
all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to or death of any
person or any damage to any property caused by Grantee, its officers, agents or employees in the construction, operation or
maintenance of its property, or arising out of the exercise of any right or privilege under the franchise.
Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general
comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the
0 olicies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily
jury, death or property damage occasioned by the activities of the Grantee under the franchise.
Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or sell,
lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its facilities that
are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the City of Hutchinson.
Section T In the event Hometown Realty should fail to use the franchise for one calendar year, this franchise shall be
deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of Hutchinson whatsoever.
Section 8. The City may at the point of expiration of this franchise or for public purposes require that the encroachments be
removed from the rights of way at the Grantees expense.
Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above requiring
written acceptance by Cheryl Dooley, Hometown Realty.
Adopted by the City Council, this 13`h day of July, 2010.
Mayor
Attest:
City Administrator
Published in the Hutchinson Leader on
vst Reading: June 22, 2010 Second Reading: July 13, 2010
I L)
June 28, 2010
Mayor Steve Cook
City of Hutchinson
111 Hassan St. SE
Hutchinson, MN 55350
Dear Mayor Cook,
The flag pole that I want to erect at my office (130 Washington Ave. E., Hutchinson, MN) will be
20' high and will have a standard 3' X 5' American Flag.
I have enclosed a number of photos of other flag poles that are on the City of Hutchinson's
property in the downtown area.
I plan to attend the city council meeting on July 14, 2010 to answer any other questions you
may have.
Thank you.
Sincerely,
he Do ey ✓
Cc: Kent Exner, Jim Haugen, Bill Arndt, Eric Yost, Chad Czmowski
Cheryl Dooley
From: <cwoIler@homeIownmn.corn>
To: <col ey@hom.e tower` nn.com>; <cwolIer@hometownrnn,com>
Sent: Thursday, June 24, 2010 4-40 PM
S u bj ect; 6/24/10
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JUN 0 1 2010
CITY OF HUTCHINSON
FRANCHISE AGREEMENT P e
APPLICATION
Date: 6/1/10
Property Address: 130 Washington Ave. E. Zoning District: C — 3
Applicant:
Address:
Cheryl Dooley
Work Phone: 587 -6115
Home Phone:
Legal Description of property: LO`F 1 -+ N Z L.' of Lot 2 4 loct / S t/2 C; 4-�
Description of request: _install a flag pole in front of our building (Washington Ave. )
Certificate of Liability Insurance:
Site drawing of request:
—4 440F..,_ r",orp '27--a 9 /A
"r 1_11
This is an application only. The request must be approved by the Hutchinson City Council and
an ordinance published.
q ��
Ordinance No. 10 -0550
Publication No.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO CHERYL
DOOLEY, HOMETOWN REALTY, TO PLACE A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON
AVENUE EAST
THE CITY OF HUTCHINSON ORDAINS:
Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor,
hereby grants to Cheryl Dooley, Hometown Realty, hereafter referred to as Grantee, a franchise to place a flag pole on City
owned property at 130 Washington Avenue East.
Section 2. The franchise is granted commencing on the date of the acceptance of the franchise. Grantee shall file a
written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the
effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of
general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. The filing
fee has been waived by City Council.
Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and
maintenance of facilities located along, over and under the public premises before mentioned and the placement of such
facilities.
Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in
any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to
or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction,
operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise.
Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general
comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the
policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for
bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise.
Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or
sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its
facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the
City of Hutchinson.
Section 7. In the event that Hometown Realty, should fail to use the franchise for one calendar year, this franchise
shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of
Hutchinson whatsoever.
Section 8. The City may at the point of expiration of this franchise or for public purposes request that the
encroachments be removed from the rights of way at the Grantees expense.
Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above
requiring written acceptance by Cheryl Dooley, Hometown Realty.
Adopted by the City Council, this 13th day of July, 2010.
Mayor
Attest:
City Administrator
Published in the Hutchinson Leader on
First Reading: June 22, 2010
Second Reading: July 13. 2010
�\
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
John Paulson, Environmental Specialist
RE: Consideration for Approval of Site Lease Agreement with Midwest Wireless
Communications L.L.C.
DATE: July 13, 2010
The attached Site Lease Agreement and Memorandum of Site Lease Agreement are a renewal of an existing
telecommunication tenant on the South Park water tower. Per City Council feedback at the June 22°d meeting, this
agreement was brought back to the applicant for renegotiation of the annual lease amount inflation factor. Based on
the applicant's input and final proposal (please see attached correspondence), the inflation factor has been adjusted
to an annual rate of 3 %.
We recommend that the City Council consider the attached Agreement and Memo for approval.
cc: Gary PloM City Administrator
9 �)
Kent Exner
From:
John Paulson
Sent:
Monday, June 28, 2010 8:17 AM
To:
Kent E:xner; Marc Sebora
Cc:
Gary Plotz; Dick Nagy
Subject:
FW: Verizon (Midwest Wireless) lease
Attachments:
LeaseHutchinsonThreePercentCom promise. pdf
Importance: High
Good Morning,
Attached is the revised Midwest Wireless lease agreement. Below you will find an explanation regarding the change to
3% and why CPI is not used by Verizon Wireless. To clarify, Verizon owns Midwest Wireless but left the lease in
Midwest's name for accounting purposes.
This appears to be Verizon's maximum rate they are willing to accept for this area.
Feel free to contact me with any questions.
Thanks,
(g4s�)" 0 .
John Paulson
Environmental Specialist
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
ioaulson @ci. hutchinson.mn.us
320.234.5682 Office
320.583.1941 Cell
320.234.4240 Fax
r=
Think Green - please do not print this email unless necessary
From: Julie R. Plante [mallto:julieplante @gmail.com]
Sent: Friday, June 25, 2010 9:31 PM
To: John Paulson
Subject: Verizon (Midwest Wireless) lease
Hi John,
Verizon Wireless cannot agree to an increase based on CPI. Verizon is willing to compromise and offer the city a 3%
annual increase, rather than the 2 %. A lease with a 4% increase would be rejected by the Area Manager.
Having an increase based on CPI is against Verizon company policy for a number of reasons. One is for budgeting
reasons. It is important for Verizon to have a long term snapshot of what a site is costing. Also, if an increase were to be
based on CPI, our payment system cannot automatically adjust for CPI. There is too great of risk for error which could
1 9
result in a rental payment not being correct and a default action by the Landlord. It puts Verizon in too great of a risk.
Since all payments are automatic and not done by a person there is no way for Verizon to know if a lease rate needs a
CPI adjustment. Three percent is above market for the area, but in the interest of having the lease approved at the next
meeting I will be able to get a justification approved.
I have attached an updated copy of the lease to reflect 3 %.
Thanks, John, for placing this lease in front of the City Council. I will be out of the office until July 1 st.
Julie Plante
612 - 242 -3673
NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or
Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and /or may be
disclosed to third parties.
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ( "Lease "), made this day of
20 (the "Effective Date ") between the City of Hutchinson, a Minnesota
municipal corporation ( "Landlord "), and Midwest Wireless Communications L.L.C., a Delaware
limited liability company ( "Tenant ").
For good and valuable consideration, the parties agree as follows:
Prior Terminated Aereement. Effective January 1, 2010, Landlord and Tenant agree
that this Lease replaces the Site Lease Agreement (South Park Water Tower) between
Landlord and Tenant's predecessor in interest dated April 25, 1994, as amended by the
April 24, 1999, Addendum to Site Lease Agreement (South Park Water Tower),
referenced by Tenant as Contract #NG 92787 (collectively, the "Terminated Agreemenf�.
Landlord and Tenant acknowledge that notwithstanding the termination of the Terminated
Agreement and the commencement of this Lease, Tenant may continue to make, and
Landlord may continue to receive, rental and other payments pursuant to the Terminated
Agreement. In such event, any rental or other payments made pursuant to the Terminated
Agreement for any period after its termination date (December 31, 2009) shall be applied
and credited against any rentals or other payments due under this Lease.
I. Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby
leases to Tenant and Tenant leases from Landlord a portion of Landlord's property (the
"Property"), consisting of approximately 550 square feet, located at 200 2 "d Avenue
Southwest, in the City of Hutchinson, County of McLeod, State of Minnesota, legally
described in Exhibit A attached hereto, subject to any and all existing easements, and a
portion of the Hutchinson Water Tower or other structures ( "Structure "), located as shown
in Exhibit 8 attached hereto, together with a non - exclusive easement for access thereto
and for adequate utility services, including sources of electric and telephone facilities
( "Leased Premises ").
2. Rent.
(a) Amount. Adjustments. As consideration for this Lease, Tenant shall pay Landlord an
annual rent in the amount of Fifteen Thousand and No /100 Dollars ($15,000.00) for the
initial year commencing January 1, 2010, which shall be increased each subsequent year
on January I by three percent (3 %) of the previous year's annualized rental.
(b) Time of Payment. The annual rental shall be paid before January 1 of each year. For
2010, the annual rental (minus any rental or other payments made pursuant to the
Terminated Agreement for any period after December 31, 2009) shall be paid to Landlord
within forty (40) days of full execution of this Lease.
(c) Taxes. In addition to the annual rental, Tenant shall have the responsibility to pay any
personal property, real estate taxes, assessments, or charges owed on the Property which
Landlord demonstrates is the result of Tenant's use of the Leased Premises and/or the
installation, maintenance, and operation of the Tenant's improvements, and any sales tax
MN07 Hutchinson Page l of 18
Site Lease Agreement
15084160
q
imposed on the rent (except to the extent that Tenant is or may become exempt from the
payment of sales tax in the jurisdiction in which the Property is located), including any
increase in real estate taxes at the Property which Landlord demonstrates arises from the
Tenant's improvements and/or Tenant's use of the Leased Premises. Landlord and Tenant
shall each be responsible for the payment of any taxes, levies, assessments and other
charges imposed including franchise and similar taxes imposed upon the business
conducted by Landlord or Tenant at the Property. Notwithstanding the foregoing, Tenant
shall not have the obligation to pay any tax, assessment, or charge that Tenant is disputing
in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph
shall be construed as making Tenant liable for any portion of Landlord's income taxes in
connection with any Property or otherwise. Except as set forth in this Paragraph,
Landlord shall have the responsibility to pay any personal property, real estate taxes,
assessments, or charges owed on the Property and shall do so prior to the imposition of
any lien on the Property.
Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which Tenant is wholly
or partly responsible for payment. Landlord shall reasonably cooperate, to the extent
allowed under applicable law, with Tenant at Tenant's expense in filing, prosecuting and
perfecting any appeal or challenge to taxes as set forth in the preceding sentence,
including but not limited to, executing any consent, appeal or other similar document. In
the event that as a result of any appeal or challenge by Tenant, there is a reduction, credit
or repayment received by the Landlord for any taxes previously paid by Tenant, Landlord
agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment.
In the event that Tenant does not have the standing rights to pursue a good faith and
reasonable dispute of any taxes under this paragraph, Landlord will pursue such dispute at
Tenant's sole cost and expense upon written request of Tenant.
3. Governmental Approval Continzencv.
(a) Tenant Application. Tenant's right to use the Leased Premises is expressly made
contingent upon its obtaining all the certificates, permits, zoning and other approvals that
may be required by any federal, state, or local authority. Without waiving any right,
power or duty to enforce any applicable municipal regulation or law, including any
applicable zoning requirement, Landlord shall cooperate with Tenant in its efforts to
obtain and retain such approvals and shall advise Tenant of any pending or proposed
Landlord actions which would adversely affect the status of the Leased Premises with
respect to the Tenant's proposed use thereof.
(b) Non - approval. In the event that any application necessary under Subparagraph 3(a)
above is finally rejected or any certificate, permit, license, or approval issued to Tenant is
cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental
authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises
for its intended purposes, Tenant shall have the right to terminate this Lease and be
reimbursed for any rental pre - payment if made pursuant to the terms hereof. Notice of
Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified
MN07 Hutchinson Page 2 of 18
Site Lease Agreement
15094160
q�
mail, return receipt requested, and shall be effective upon receipt of such notice by
Landlord as evidenced by the return receipt. Except as required under Subparagraph
I I(d) below and except as otherwise provided in this Lease, upon such termination, this
Lease shall become null and void and the parties shall have no further obligations to each
other.
4. Term and Renewals. The "Initial Term" of this Lease shall be for five (5) years
commencing on January 1, 2010 (the "Commencement Date "), and ending on December
31, 2014. Subject to the terms and conditions of this Lease, the Lease will automatically
extend for three (3) additional five (5) year renewal periods ( "Renewal Term ")
commencing on January I following the expiration date of the Initial Term or of any
subsequent Renewal Term.
This Lease shall automatically renew at the end of the Initial Term or any Renewal Term
unless Tenant sends written notice to Landlord of Tenant's election not to renew at least
ninety (90) days prior to the expiration of the Initial Term or any Renewal Term. The
Initial Term and all Renewal Terms shall be collectively referred to herein as the "Term ".
5. Tenant's Use.
(a) User Priority. Tenant agrees that the following priorities of use, in descending order,
shall apply in the event of communication interference, emergency public safety needs, or
other conflict while this Lease is in effect, and Tenant's use shall be subordinate
accordingly: existing equipment/structures of Landlord or third parties as of April 25,
1994.
(b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing,
maintaining, and operating a Landlord - approved communications antenna facility,
equipment, cabinets and an accessory building, and uses incidental thereto for providing
radio and wireless communication services which Tenant is legally authorized to provide
to the public. This use shall be non - exclusive, and Landlord specifically reserves the right
to allow the Structure and Property to be used by other parties and to make additions,
deletions, or modifications to its own facilities on the Property as long as such uses and
additions, deletions, or modifications do not interfere with Tenant's then existing use.
Tenant's communications antenna facility shall consist of antennas at a Landlord -
approved location, along with cables and appurtenances connected to an accessory
building or cabinet located on the Leased Premises ( "Antenna Facilities "). Tenant shall
comply with all applicable ordinances, statutes and regulations of local, state and federal
government agencies.
(c) Construction. Tenant may erect and operate an antenna array in accordance with the
drawing attached as Exhibit B. Tenant agrees that is will install only antennas that Tenant
knows will not interfere with existing antennas or with antennas with higher priority, and
Tenant must be willing, if necessary, to demonstrate that the Structure can structurally
support the additional antennas. The cost of any necessary evaluation must be carried out
by a qualified professional retained by Tenant and approved by Landlord, and must be
paid by the Tenant within thirty (30) days after receiving written notice of the cost.
MN07 Hutchinson Page 3 of 18
Site Le Agreement
15084160 9 \
(d) Operation. Tenant shall have the right, at its sole cost and expense, to operate and
maintain the Antenna Facilities on the Leased Premises in accordance with good
engineering practices, with all applicable FCC rules and regulations. Without waiving
any right, power or duty to enforce any applicable municipal regulation or law, including
any applicable zoning requirement, Tenant's installation of all Antenna Facilities shall be
done according to plans approved by Landlord, which approval shall not be unreasonably
withheld, conditioned or delayed. Any damage done to the Leased Premises or other
Landlord property including the Structure during installation or during operations shall be
repaired at Tenant's expense within thirty (30) days after notification of damage, provided
Tenant shall have such extended period as may be required beyond the thirty (30) days if
the nature of the repair is such that it reasonably requires more than thirty (30) days and
Tenant commences the repair within the thirty (30) day period and thereafter continuously
and diligently pursues the repair to completion. Landlord may not maintain any action or
effect any remedies against Tenant unless and until Tenant has failed to repair the
damages within the time periods provided in this Paragraph. The Antenna Facilities shall
remain the exclusive property of the Tenant, unless otherwise provided in this Lease.
(e) Maintenance, Improvement Expenses. All modifications to the Leased Premises and
all improvements made for Tenant's benefit shall be at the Tenant's expense and such
improvements, including antenna, facilities and equipment, shall be maintained in a good
state of repair, at least equal to the standard of maintenance of the Landlord's facilities on
or adjacent to the Leased Premises, and secured by Tenant. If any additional Antenna
Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's
expense, the same color as the Structure.
(f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant
must notify and provide a detailed proposal to Landlord's City Administrator. Tenant
shall submit to the City Administrator a detailed proposal for any such replacement
facilities and any other information reasonably requested by the City Administrator of
such requested update or replacement, including but not limited to a technical study,
carried out at Tenant's expense. Without waiving any right, power or duty to enforce any
applicable municipal regulation or law, including any applicable zoning requirement, the
City Administrator may not unreasonably withhold, condition or delay the approval,
which shall be given as a written consent. In the event the City Administrator does not
either (i) object to the plans in writing or (ii) furnish the Tenant with written consent,
within fifteen (15) days of the date of submission of the plans, the City Administrator will
be deemed to have approved them.
(g) No Interference. Tenant shall, at its own expense, maintain any equipment on or
attached to the Leased Premises in a safe condition, in good repair and in a manner
suitable to Landlord so as not to conflict with the use of the surrounding premises by
Landlord. The operation of Tenant's equipment shall not unreasonably interfere with the
then existing operation of the equipment of another tenant that is being operated in
compliance with industry standards and applicable law, and, subject to Paragraph 14(a)
and the following relocation provision, shall not interfere with the working use of the
water storage facilities thereon or to be placed thereon by Landlord.
MN07 Hutchinson Page 4 of 18
Site Lease Agnxment
1508416,3
Landlord shall not place additional water storage facilities on the Structure or Property
that will harmfully interfere with Tenant's use of the Leased Premises, provided that
Landlord, on one (l) occasion, may relocate Tenant to another location on the Landlord's
Property or Structure (herein referred to as the "Alternate Property"), provided:
(i) the Alternate Property is similar to Tenant's current Leased
Premises in size and is compatible for Tenant's use in Tenant's sole
discretion;
(ii) Landlord shall pay all costs incurred by Tenant for relocating
Tenant's equipment from the Leased Premises to the mutually agreeable
site and improving the Alternate Property so that the Alternate Property is
substantially similar to the original Leased Premises, including all costs
incurred to obtain all of the certificates, permits and other approvals that
may be required by any Federal, State or Local authorities as well as any
satisfactory soil boring tests which will permit Tenant use of the Alternate
Property as set forth herein;
(iii) Landlord shall give Tenant at least six (6) months written notice
before requiring Tenant to relocate; and
(iv) Tenant's service will not be interrupted, and Tenant shall be
allowed if necessary to place a temporary cell site and antenna structure on
Landlord's Property during relocation.
(h) Access. Tenant, at all times during this Lease, shall have access to the Leased
Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall
have access to the Structure only with the approval of Landlord Tenant shall request
access to the Structure twenty-four (24) hours in advance, except in an emergency, and
Landlord's approval thereof shall not be unreasonably withheld, conditioned or delayed.
(i) Payment of Utilities. If permitted by the local utility company servicing the Leased
Premises, Tenant shall furnish and install an electrical sub -meter on the Property for the
measurement of electrical power used by Tenant's installation. In the event such sub -
meter is installed, the Tenant shall pay the utility directly for its power consumption, if
billed by the utility, and if not billed by the utility, then the Tenant shall pay the Landlord
thirty (30) days after receipt of an invoice from Landlord indicating the usage amount
based upon Landlord's reading of the sub - meter. All invoices for power consumption
shall be sent by Landlord to Tenant at "Verizon Wireless, c/o First Energy, PO 182727,
Columbus, OH 43218- 2727 ". Tenant shall be permitted at any time during the term, to
install, maintain and/or provide access to and use of, as necessary (during any power
interruption at the Leased Premises), a temporary power source, and all related equipment
and appurtenances within the Leased Premises, or elsewhere on the Property in such
locations as reasonably approved by Landlord. Tenant shall have the right to install
conduits connecting the temporary power source and related appurtenances to the Leased
Premises.
MN07 Hutchinson Page 5 of 18
Site Lease Agmment
15084160
q ��
6. Emereencv Facilities. In the event of a natural or man made disaster, in order to protect
the health, welfare, and safety of the community, Tenant may erect additional Antenna
Facilities and install additional equipment on a temporary basis on the Leased Premises to
assure continuation of service. Such temporary operation shall not exceed ninety (90)
days unless Tenant obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly
pay to Landlord all reasonable additional Landlord expenses incurred in maintaining the
Leased Premises, including painting or other maintenance of the Structure, that are caused
by Tenant's occupancy of the Leased Premises not to exceed $5,000.00.
8. Defense and Indemnification.
(a) General. Subject to Paragraph 9 below, each party shall indemnify and hold the other
harmless against any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct of the indemnifying
party, its employees, contractors or agents, except to the extent such claims or damages
may be due to or caused by the negligence or willful misconduct of the other party, or its
employees, contractors or agents.
(b) Hazardous Materials. Landlord warrants and agrees that neither Landlord nor, to
Landlord's knowledge, any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of, any Hazardous Material (as defined
below) on, under, about or within Landlord's Property in violation of any law or
regulation. Landlord and Tenant each agree that they will not use, generate, store or
dispose of any Hazardous Material on, under, about or within Landlord's Property in
violation of any law or regulation. Landlord and Tenant each agree to defend and
indemnify the other and the other's partners, affiliates, agents and employees against any
and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and
costs) arising from any breach of any warranty or agreement contained in this paragraph.
For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation, asbestos, fuel, batteries or any hazardous
substance, waste, or materials as defined in any federal, state, or local environmental or
safety law or regulations including, but not limited to, CERCLA.
The obligations of this Paragraph 8 shall survive the expiration or other termination of this
Lease.
9. Insurance.
(a) The parties hereby waive and release any and all rights of action for negligence against
the other which may hereafter arise on account of damage to the Leased Premises or to the
Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what
amounts, such insurance is now or hereafter carried by the parties, or either of them.
MN07 Hutchinson Page 6 of 18
Site Lean Agreement
1508416x3
These waivers and releases shall apply between the parties and they shall also apply to any
claims under or through either party as a result of any asserted right of subrogation. All
such policies of insurance obtained by either party concerning the Leased Premises or the
Property shall waive the insurer's right of subrogation against the other party.
(b) Landlord and Tenant each agree that at its own cost and expense, each will maintain
commercial general liability insurance with limits not less than $1,000,000 for injury to or
death of one or more persons in any one occurrence and $500,000 for damage or
destruction to property in any one occurrence. Landlord and Tenant each agree that it will
include the other party as an additional insured.
(c) In addition, Landlord shall obtain and keep in force during the Term a policy or
policies insuring against loss or damage to the Tower at full replacement cost, as the same
shall exist from time to time without a coinsurance feature. Landlord's policy or policies
shall insure against all risks of direct physical loss or damage (except the perils of flood
and earthquake unless required by a lender or included in the base premium), including
coverage for any additional costs resulting from debris removal and reasonable amounts
of coverage for the enforcement of any ordinance or law regulating the reconstruction or
replacement of any undamaged sections of the Tower required to be demolished or
removed by reason of the enforcement of any building, zoning, safety or land use laws as
the result of a covered loss, but not including plate glass insurance.
10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without
contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its
effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30
days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant
shall be entitled to reimbursement of prepaid rent covering the period subsequent to the
date of damage to or destruction of the Leased Premises.
11. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease may be
terminated upon sixty (60) days written notice to the other party as follows:
(i) by either party upon a default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of written notice of
default to the other party (without, however, limiting any other rights of the parties
pursuant to any other provisions hereof), provided each party shall have such extended
period as may be required beyond the sixty (60) days if the nature of the cure is such that
it reasonably requires more than sixty (60) days and the party commences the cure within
the sixty (60) day period and thereafter continuously and diligently pursues the cure to
completion. Neither party may maintain any action or effect any remedies for default
unless and until the other party has failed to cure the breach within the time periods
provided in this paragraph;
(ii) by Tenant for cause if it is unable to obtain or maintain any license, permit
MN07 Hutchinson page 7 of 18
Site Lease Agreement
15094160
or other governmental approval necessary for the construction and/or operation of the
Antenna Facilities or Tenant's business;
(iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for
technological reasons including without limitation shadowing or interference under
Tenant's Antenna Facilities, design or engineering specifications or the communications
systems to which the Antenna Facilities belong;
(iv) by Landlord, upon one year's prior written notice to Tenant if its Council
decides to discontinue use of the Structure for all purposes;
(v) by Landlord if it determines that the Structure is structurally unsound,
including, but not limited to, consideration of age of the Structure, damage or destruction
of all or part of the Structure on the Property from any source, and subject to Tenant's
right to repair the structure as described in Paragraph 18 below;
(vi) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to government
approvals granted there under, after a public hearing before the Landlord's Council, and
Tenant has not cured such non - compliance within thirty (30) days of receiving written
notice of the Council's decisions, provided Tenant shall have such extended period as may
be required beyond the thirty (30) days if the nature of the cure is such that it reasonably
requires more than thirty (30) days and Tenant commences the cure within the thirty (30)
day period and thereafter continuously and diligently pursues the cure to completion; or
(vii) provided Tenant is not in default hereunder beyond applicable notice and
cure periods, Tenant shall have the right to terminate this Lease upon the annual
anniversary of the Commencement Date.
(a) Notice of Termination. The parties shall give Notice of Termination in writing by
certified mail, return receipt requested. Such Notice shall be effective upon receipt as
evidenced by the return receipt, or such later date as stated in the Notice. Except as
specifically provided for in this Lease, all rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of
right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for
early termination, 150% of the annual rent for the year in which Tenant terminates, unless
Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid
the annual rental for that year.
(d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant
shall have 90 days from the termination or expiration date to remove its Antenna
Facilities, and related equipment from the Leased Premises, repair the site and restore the
surface of the Structure. if such time for removal causes Tenant to remain on the Leased
Premises after termination of this Lease, Tenant shall pay rent at the then existing
MN07 Hutchinson page 8 of 18
Site Lease Agrecment
15084160
monthly rate or on the existing monthly pro-rata basis if based upon a longer payment
term, until such time as the removal of the Antenna Facilities and related equipment is
completed. Subject to Minnesota Statute § 50413.271, in the event that Tenant's Antenna
Facilities, and related equipment are not removed to the reasonable satisfaction of the
Landlord after thirty (30) days notice from Landlord, they shall be deemed abandoned. If
Landlord removes the Antenna Facilities or related equipment, Landlord must give
written notice to any mortgagee of Tenant at the addresses provided, informing them that
Antenna Facilities or related property have been removed and will be deemed abandoned
if not claimed and the storage fees and other reasonable costs paid within thirty (30) days.
12. Limitation of Liability. Except for indemnification pursuant to paragraph 8, neither
party shall be liable to the other, or any of their respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services,
incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages,
whether under theory of contract, tort (including negligence), strict liability or otherwise.
13. Public Health and Safety. In the event the Federal Communications Commission makes
a determination which is final and non - appealable or which is affirmed and becomes final
after the exhaustion of all available appeals concluding that the Tenant's use as set forth in
this Lease presents a material risk to the public health or safety, either the Landlord or
Tenant may terminate this Lease upon thirty (30) days notice to the other party. Tenant
shall not interfere with the Property's existing use as a public water storage facility or
harm the water supply.
14. Tenant Interference
(a) With Structure. Tenant shall not interfere with Landlord's use of the Structure for
water storage purposes and agrees to cease all such actions which unreasonably and
materially interfere with Landlord's use thereof no later than thirty (30) days after receipt
of written notice of the interference from Landlord. In the event that Tenant's cessation of
action is material to Tenant's use of the Leased Premises and such cessation frustrates
Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have
the immediate right to terminate this Lease.
(b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible
interference with higher priority users as set forth in under Subparagraph 5(a) above or
with pre- existing equipment or operation thereof of other tenants, Tenant shall take all
measures necessary to correct and eliminate the interference. If the interference cannot be
eliminated within 48 hours after receiving Landlord's written notice of the interference,
Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate
operation, except intermittent operation for the purpose of testing, until the interference
has been eliminated. If the interference cannot be eliminated within thirty (30) days after
Tenant received Landlord's written notice, Landlord may at its option terminate this Lease
immediately, however in no event will Landlord be entitled to terminate this Lease as long
as Tenant is making a good faith effort to remedy the interference issue.
MN07 Hutchinson Page 9 of 18
Sim Lease Agreement
1509416.3
(c) Interference Study - New Occupants. Upon written notice by Landlord that it has a
bona fide request from any other party to lease an area including or in close proximity to
the Leased Premises ( "Leased Premises Area"), Tenant agrees to provide Landlord, within
sixty (60) days, the radio frequencies currently in operation or known to be operated in the
future of each transmitter and receiver installed and operational by Tenant on the Leased
Premises at the time of such request. Landlord may then have an independent, registered
professional engineer of Landlord's choosing perform the necessary interference studies
to determine if the new applicant's frequencies will cause harmful radio interference to
Tenant. Landlord shall require the new applicant to pay for such interference studies.
(d) Interference - New Occupants. Landlord agrees that it will not grant a future lease in
the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such
party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna
Facilities. Landlord agrees further that any future lease of the Leased Premises Area will
prohibit a user of equal or lower priority from interfering with Tenant's Antenna
Facilities. Landlord agrees that it will require any subsequent occupants of the Leased
Premises Area of equal or lower priority to Tenant to provide Tenant these same
assurances against interference. Landlord shall have the obligation to eliminate any
interference with the operations of Tenant caused by such subsequent occupants. If such
interference is not eliminated, Tenant shall have the right to terminate this Lease or seek
injunctive relief against the interfering occupant, at Tenant's expense.
The parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph 14 and therefore, either party shall
have the right to equitable remedies, such as, without limitation, injunctive relief and
specific performance.
15. Asslanment. This Lease, or rights there under, may not be sold, assigned, or transferred
at any time by Tenant except to the Tenant's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of Tenant's assets in the
market defined by the Federal Communications Commission in which the Property is
located by reason of a merger, acquisition or other business reorganization. As to other
parties, this Lease may not be sold, assigned, or transferred without the written consent of
the Landlord, such consent not to be unreasonably withheld, conditioned or delayed.
Landlord hereby consents to the assignment by Tenant of its rights under this Lease as
collateral to any entity, which provides financing for the purchase of the equipment to be
installed at the Leased Premises.
16. Condemnation. In the event the whole of the Leased Premises is taken by eminent
domain or a portion of the Leased Premises is taken by eminent domain, Tenant shall
have the right to terminate this Lease as of said date of title transfer, by giving thirty (30)
days' written notice to the Landlord. Without waiving any applicable Landlord power of
eminent domain, in the event of any taking under the power of eminent domain, Tenant
shall not be entitled to any portion of the reward paid for the taking of the leasehold
interest and the Landlord shall receive full amount of such award, and Tenant hereby
MN07 Hutchinson Page 10 of 18
Site Lx c Agreement
15084160
� ���
expressly waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in value of the leasehold or to the fee of
the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and
recover from the condemning authority any and all damage to Tenant's business,
including loss of going concern, and any and all costs or expenses incurred by Tenant in
moving/removing/relocating its business, equipment, personal property, Antenna
Facilities, and leasehold improvements.
17. Riaht of First Refusal. If Landlord elects, during the Term to sell, transfer or otherwise
grant to a third party by easement or other legal instrument an interest in and to that
portion of the Tower and/or Property occupied by Tenant, or a larger portion thereof, for
the purpose of operating and maintaining communications facilities or the management
thereof, with or without an assignment of this Lease to such third party, Tenant shall have
the right of first refusal to meet any bona fide offer of sale or transfer on the same terms
and conditions of such offer. If Tenant fails to meet such bona fide offer within thirty
(30) days after written notice thereof from Landlord, Landlord may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance
with the terms and conditions of such third party offer.
18. Tower Compliance. Landlord covenants that it will keep the Structure in good repair as
required by all laws. The Landlord shall also comply with all rules and regulations
enforced by the Federal Communications Commission with regard to the lighting,
marking and painting of towers. If the Landlord fails to make such repairs including
maintenance or upon damage to the Structure that Landlord decides to not repair, the
Tenant may make the repairs and Tenant shall have the right to deduct the costs of the
repairs from the succeeding rental amounts normally due from the Tenant to the Landlord.
19. Notices. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the courier's
receipt from the sender, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice):
MN07 Hut<himmn Page I 1 of 18
Site Lea Agreement
15084160
1
Landlord: City of Hutchinson
Office of the City Administrator
l 11 Hasson Street S
Hutchinson, MN 55350
Tenant: Midwest Wireless Communications L.L.C.
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
20. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall
bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to
recover costs and reasonable attorneys' fees incurred as a result of such claim.
21. Authority/Title Each of the individuals executing this Lease on behalf of the Tenant or
the Landlord represents to the other party that such individual is authorized to do so by
requisite action of the party to this Lease. Landlord covenants that Tenant, on paying the
rent and performing the covenants herein, shall peaceably and quietly have, hold and
enjoy the Leased Premises. Landlord represents and warrants to Tenant as of the
execution date of this Lease, and covenants during the Term that Landlord is seized of
good and sufficient title and interest to the Property. Landlord further covenants during
the Term that there are no liens, judgments or impediments of title on the Property, or
affecting Landlord's title to the same and that there are no covenants, easements or
restrictions which prevent or adversely affect the use or occupancy of the Leased Premises
by Tenant as set forth above.
22. Binding Effect. This Lease shall run with the Leased Premises. This Lease shall extend
to and bind the heirs, personal representatives, successors and assigns of the parties
hereto. To the extent that Landlord grants to a third party by easement or other legal
instrument an interest in and to that portion of the Tower and/or Property occupied by
Tenant for the purpose of operating and maintaining communications facilities or the
management thereof and in conjunction therewith, assigns this Lease to said third party,
Landlord shall not be released from its obligations to Tenant under this Lease, and Tenant
shall have the right to look to Landlord and the third party for the full performance of this
Lease.
23. Complete Lease: Amendments. This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other agreements
of any kind. There are no representations or understandings of any kind not set forth
herein. Any modification of or amendment to this Lease must be in writing and executed
by both parties.
24. Governing Law. This Lease shall be construed in accordance with the laws of the State
MN07 Huwhin n Page 12 of 18
Site Lean Agreement
150941e0 ���
of Minnesota.
25. Limitation of Liability. Nothing in the Lease shall be deemed a waiver of any limitation
of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of
law.
26. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
27. Memorandum. Upon request by either party, the parties agree to promptly execute and
deliver a recordable Memorandum of this Lease in a form acceptable to both parties,
which may be recorded by the party requesting the Memorandum of Lease.
Signatures on following page
Remainder ofpage intentionally left blank
MN07 tlurcnme n Page 13 of 18
Site Lean Agreenwrrt
15094160
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year written below.
LANDLORD:
City of Hutchinson,
a Minnesota municipal corporation
By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
Date:
ML 304 "W
Midwest Wireless Communications L.L.C.,
a Delaware limited liability company
Beth Ann Drohan
Its: Area Vice President Network
Date:
Acknowledgments on following page
Remainder of page intentionally left blank
MN07 Hutchinson page 14 of l8
Site Lena Agreement
15084160 9 C')
LANDLORD ACKNOWLEDGMENT
STATE OF MINNESOTA )
) SS.
COUNTY OF MCLEOD )
This instrument was acknowledged before me on ' 20
by , and respectively, the
Mayor and City Administrator of the City of Hutchinson, a Minnesota municipal corporation, on
behalf of the municipal corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
♦ : ►Y �J d 1 J
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
On this day of , 20. before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Area Vice President Network of Midwest Wireless
Communications L.L.C., a Delaware limited liability company, that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Midwest Wireless Communications L.L.C., a Delaware limited liability company, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
MN07 Hutchinson Page 15 of 18
Site Lease Agreement
1508416v3
�C�
Exhibit A
That part of the plat of the Townsite of Hutchinson South Half (S 1/2) shown as Park, said part
being bounded on the West by Grove Street, on the South by Fourth Avenue, on the East by Glen
Street, and on the North by Second Avenue, as said streets are laid out on the plat, McLeod
County, Minnesota.
Abstract property.
MN07 Hutchinson Page 16 of 18
Site Lease Agreement
15094160
9 t'O
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DRAFTED BY
AND RETURN TO:
Moss & Barnett (JDL) -
4800 Wells Fargo Building
90 South Seventh Street
Minneapolis, MN 554024129
(Site Name: MN07 Hutehtnson)
(Prepared by Carol J. Yerks, Telephone No. (612) 877 -5314)
(Space above this line for Recorders use.)
MEMORANDUM OF SITE LEASE AGREEMENT
THIS MEMORANDUM OF SITE LEASE AGREEMENT ( "Memorandum ") evidences
that a Site Lease Agreement ( "Lease ") was entered into as of 20, by and
between the City of Hutchinson, a Minnesota municipal corporation, with a mailing address of
111 Hasson Street Southeast, Hutchinson, Minnesota 55350 ( "Landlord "), and Midwest Wireless
Communications L.L.C., a Delaware limited liability company, with its address for notice
located at 180 Washington Valley Road, Bedminster, New Jersey 07921 ( "Tenant').
Landlord and Tenant, or their predecessors in interest, originally entered into a Site Lease
Agreement (South Park Water Tower) dated April 25, 1994, as amended by an Addendum to
Site Lease Agreement (South Park Water Tower) dated April 24, 1999 (collectively, the
"Terminated Agreement "), for certain real property located at 200 2nd Avenue Southwest, in the
City of Hutchinson, County of McLeod, State of Minnesota, within the property of Landlord and
being further described as shown on Exhibit "A" attached hereto and made a part hereof together
with a right of access and to install and maintain utilities. The Lease provides that Landlord and
Tenant agree that the Terminated Agreement shall terminate on December 31, 2009, and that the
term of the Lease shall be for a period of five (5) years commencing January 1, 2010 and
continuing through December 31, 2014. Subject to the terms and conditions of the Lease, the
Lease will automatically extend for three (3) additional five (5) year renewal periods.
Signatures on following page
MN07 Hutchimmn
Memorandum of Site Lease Agreement
1602016v
9L)
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum
as of the day and year written below.
19 00 00) 11
City of Hutchinson,
a Minnesota municipal corporation
B1
Its: Mayor
By:
Name:
Its: City Administrator
Date:
MN07 Hutchinson
Memorendton of Sae Lease Agreement
1602016v
TENANT:
Midwest Wireless Communications L.L.C.,
a Delaware limited liability company
0
Beth Ann Drohan
Its: Area Vice President Network
Date:
Acknowledgments on following page
Remainder ofpage intentionally left blank
q [10
LANDLORD ACKNOWLEDGMENT
STATE OF MINNESOTA )
)SS.
COUNTY OF MCLEOD )
This instrument was acknowledged before me on , 201
by , and respectively, the Mayor
and City Administrator of the City of Hutchinson, a Minnesota municipal corporation, on behalf
of the municipal corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
TENANT ACKNOWLEDGMENT
STATE OF ILLINOIS )
)SS.
COUNTY OF COOK )
On this day of , 20, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Area Vice President Network of Midwest Wireless
Communications L.L.C., a Delaware limited liability company, that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Midwest Wireless Communications L.L.C., a Delaware limited liability company, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
MN07 Hutchir n
Memmuidwn of Site Lease Agr nt
1602016v
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
3
q N)
Exhibit "A"
(Legal Description) Page 1 of 1
That part of the plat of the Townsite of Hutchinson South Half (S 1/2) shown as Park, said part
being bounded on the West by Grove Street, on the South by Fourth Avenue, on the East by Glen
Street, and on the North by Second Avenue, as said streets are laid out on the plat, McLeod
County, Minnesota
Abstract property.
MNG7 Hmchin
Me uxandum of Site Lease Agreement
1602016v1
9 tb)
Marc A. Sebora, City Attorney
Office of the City Attorney
Memorandum
To: Hutchinson City Council Members
From: Marc A. Sebora City Attorney
Date: July 9, 2010
Re: Waste Management Contract Renewal
111 Hassan street SE
Hutchinson, hiN 55350.2522
320- 587.5151 /F" 320.234 -4201
Enclosed please find an initial draft of the proposed new contract with Waste Management. Two
items that the City is still awaiting to hear from Waste Management about are the base rate and a
description of the types of trucks that will be permitted to conduct waste collection activities in
the City. Jeremy Carter will have that information prior to the Council meeting
— Printed an recycled paper —
I L) 63 )-
INDEX
I........ TERM ................................................................................ ...............................
II....... DEFINITIONS .................................................................... ...............................
III...... CONTRACTOR SERVICES
2
3
N
A......
MMSW and Source Separated Organics .............................. 4
B......
Carts and Computerized Chin Reading System ............................. 5
C......
City Cart Pickup on City Property and Public Rights -of -Way ....... 5
D......
Recyclables Collection and Disposal ............................ 5
E......
Scheduling of Collection - :MMSW, Organics and Recyclables 6
F......
Yard Waste, Hard Goods and White Goods 6
G......
Equipment ........ 7
H......
Personnel Requirements ...................... 7
I.......
Supervision 7
J.......
Safetv ...................... 8
IV. PAYMENT AND ADJUSTMENTS TO RATES ............................... ............................... 8
V. ANNUAL BOARD OF REVIEW /COMPLAINTS ............................. .......................'....... 8
VI. LEGAL COMPLIANCE ...................................................................... ............................... 8
VII. LICENSING ........................................................................................ ............................... 8
VIII. ASSIGNMENT AND TRANSFER ..................................................... ............................... 9
IX. PERFORMANCE BOND ............................................................... ............................... 9
X. HOLD HARMLESS ......................................................................... ............................... 9
XI. INSURANCE ................................................................................... ............................... 10
XII. GUARANTY OF NONDISCRIMINATION
XIII. DEFAULT AND TERMINATION .......................................... ...............................
XIV. ENTIRE AGREEMENT ........................................................... ...............................
XV. REMEDIES ARE CUMULATIVE ........................................... ...............................
1
10
10
10
CITY OF HUTCHINSON
DRAFT (07/09/10)
AGREEMENT FOR RESIDENTIAL COLLECTION AND HAULING SERVICES:
REFUSE, GARBAGE, MIXED MUNICIPAL SOLID WASTE, AND SOURCE SEPARATED ORGANICS AND
RECYCLABLE MATERIALS
THIS AGREEMENT is effective as of August 1, 2010, by and between the CITY OF HUTCHINSON, MINNESOTA, a
Minnesota municipal corporation ( "City "), III Hassan Street Southeast, Hutchinson, MN 55350, and WASTE
MANAGEMENT OF MN, INC., a Minnesota corporation that is a wholly -owned subsidiary of WASTE MANAGEMENT,
INC., 124 Union Street, Norwood, :MN, 55368 ( "Contractor ").
RECITALS
WHEREAS, the City has authority to provide collection and hauling services under Minn.
Stat. §412.221, Minn. Stat. §I15A.941, and City Ordinance 92 -57, Second Series (the "Ordinance "); and
WHEREAS, the City has not organized collection pursuant to Minn. Stat. §1 15A.94; and
WHEREAS, the City requires collection and hauling services for refuse, garbage, and mixed municipal solid waste
(together hereinafter "MI \1 S W ") and source separated organics (hereinafter "organics ") and recyclable materials (hereinafter
"recyclables ") from residences and certain other establishments in the City; and
WHEREAS, the Contractor is a licensed hauler in the City engaged in the business of collecting and hauling such
wastes and materials; and
WHEREAS, the City desires to hire the services of the Contractor; and
WHEREAS, the City on or about April 1, 2001 will begin operating a compo sting facility for source separated
organic materials and a transfer station for mixed municipal solid waste; and
WHEREAS, McLeod County plans to own and operate a materials recovery facility for, recyclables; and
WHEREAS, Contractor desires to provide collection and hauling services to the City and to deliver collected waste
and materials to the destinations identified herein; and
NOW, THEREFORE, it is agreed by and between the parties:
I. TERM
A. Term
The term of this Agreement shall be a period of five (5) years commencing August 1, 2010.
1&A
II. DEFINITIONS
For purposes of this Agreement, the following terms shall have the following meanings:
A. "County" means McLeod County.
B. "Facility" means the Hutchinson Compost and Transfer Facility (MPCA Permit SW -569) owned and operated by the
City.
C. "Hard Good" means non - electronic consumer items customarily found in and about a residential dwelling including,
without limitation, furniture, mattress sets, carpet rolls, bicycles, exercise equipment, weed whackers and other yard
equipment, garden tillers, cultivators and other garden equipment, and similar consumer items.
D. "Hazardous Waste" means waste defined as hazardous by State or Federal law, rules and regulations, including but not
limited to 42 U.S.c. § 6903(5), and regulations interpreting such act, or in Minnesota Statutes § 1 16.06, subd. 13, and regulations
interpreting such statute, but not including waste excluded from regulation by Minnesota Rules 7045.0120A, as any of the
foregoing may be amended from time to time.
E. "Mixed Municipal Solid Waste ( "MMSW')" has the meaning provided in Minn. Star. § 115A03, subd. 21, except for
purposes of this Agreement MMSW shall not include source separated compostable materials.
F. "Organic Waste" means garden organics, kitchen organics, twigs, grass clippings, leaves, and similar vegetable materials,
newspapers, cardboard not exceeding the diameter of the cart, and similar domestic paper, food and meat scraps, kitchen
and garden organics.
G. "Organic Cart" means a green plastic container with wheels with imbedded chip technology more fully described in
Section III. B. 2. the contents of which shall be limited to Organic Waste as defined herein.
H. "Recyclable Materials" means glass, plastic, aluminum, tin cans, paper, and any other materials mutually agreed between
Contractor and the City.
I. "Title" means ownership, including the right and authority to direct the location and method of disposal. Title to MMSW,
Organic Waste, Recyclable Materials, and any items collected pursuant to this agreement passes to the City at the time the
customer places such item in its appropriate location for collection by the Contractor. The City's title continues until relinquished
by the City upon final disposal.
J. "Unacceptable Waste" means waste delivered in quantities to the Facility which, as determined by the Facility, may pose a
threat to health or safety, or to the environment, or may cause damage to, or materially adversely affect, the operation of
the Facility, including but not limited to: Hazardous Waste, chemicals and radioactive materials; incinerator ash; foundry
sand; explosives; hospital, pathological and biological waste; oil sludges; asbestos in identifiable quantities; cesspool or
other human waste other than that contained in disposable diapers; sewage and other higWy diluted, water - carried
materials or substances and those in gaseous forms; human or animal remains street sweepings; ash; mining waste;
sludges; construction waste and demolition debris; sod, soil, or rocks; tires; hazardous refuse of any kind, such as cleaning
fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs, large hard goods or white goods, and such other
materials prohibited from being deposited in a landfill under federaVstate /county law or regulations or as may be
specified in writing from time to time by the Facility.
K. "White Good" means domestic appliances including but not limited to refrigerators, clothes dryers, computers, television
sets, vacuum cleaners, hot water heaters, trash compactors, microwave ovens, air conditioners, dehumidifiers and similar
domestic items.
III. CONTRACTOR SERVICES
The Contractor shall provide the following services to the City:
MMSW and Source Separated Organics
3
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Contractor shall provide collection service to all residential customers, as determined by the City, plus any
commercial, institutional, or industrial (hereinafter "commercial ") accounts that have waste generation that does not
exceed a weekly volume of one 90- gallon container for L \I MSW, and one 90 gallon cart for organics. If the
customer generates L \I MSW, the customer shall be provided a choice of a 30, 60 or 90- gallon container. For
organics, the customer will have a 90- gallon cart. The customer will also have a choice of valet pickup service
(adjacent to garage/house) at an extra charge for MMSW and/or organics cart service. The City will also have an
extra bag charge for L \iMSW or Organic Waste, using designated bags and/or stickers.
Customers with a 30- gallon MMSW cart and with a minimal amount of'MMSW may elect to have every other week
service and are responsible to contact the City's Utility Billing Department. The City will then notify the Contractor
which residences require every other week service.
All MMSW and organics collected by the Contractor during this Agreement shall be delivered by the Contractor to
the Hutchinson Compost Facility. The MMSW fraction shall be directly transferred from that portion of the
Contractor's truck to a walking floor semi trailer provided by the City. The Contractor will be responsible for
positioning and operating its truck(s) at the direction of City staff The operation of the walking floor trailer will be
the responsibility of the City. The City will then be responsible for transportation and disposal of remaining MMSW
in the semi - trailer to a landfill or other permitted disposal facility selected by the City. The Contractor shall
continually make a good faith effort to supply the compost facility with more organics for composting purposes.
4. In the event the walking -floor semi- transfer trailer is not available, the Contractor shall transport the MMSW to the
landfill or other licensed disposal facility designated by the City. The City will reimburse the Contractor for the
actual cost of transporting the :MM:SW to the City's designated landfill or other licensed disposal facility,
specifically including truck fuel, labor, and employee benefits. The City will also pay for all landfill or other disposal
charges, except as specified below, and further reserves its full right of choice and discretion in selecting and
negotiating with such landfill or other licensed disposal facility.
5. The organics shall be placed at the Hutchinson Compost Facility at a location specified by the Facility personnel.
The organic waste will then be managed by the Facility.
6. Cart containers are to be furnished and maintained in good condition by the Contractor. Actual service needs are to be
determined by volume accumulations as judged by the City Resource Recovery Coordinator, upon review with the
Contractor.
7. Collection shall not include Hazardous Waste or other Unacceptable Waste.
S. MMSW and organics cart containers shall be placed at the curb on collection day by customers, in a location easily
accessible to motor vehicle pick -up. Containers must be placed properly for pick -up prior to 6:00 a.m., and cannot
continue past 7:00 p.m. on the day of collection to ensure service.
9. Valet service will be provided by the Contractor at the direction of the City for all customers choosing this option.
10. The Contractor shall not deliver any Unacceptable Waste to the Facility, nor shall the Contractor mix any Unacceptable
Waste with :MMSW or organics collected under this Agreement. If the Contractor is uncertain whether certain waste is
unacceptable, Contractor may request a determination from the Facility by submitting a request to the Facility.
IL If the Facility has a reasonable basis to believe that MMSW or organics delivered by the Contractor contains Hazardous
Waste or other Unacceptable Waste, the Facility may require the Contractor, at Contractor's expense, to recover and
properly manage or dispose of waste deposited upon the tipping floor which contains hazardous waste or unacceptable
waste. In the event :MMSW or organic are rejected by the Facility, and the Contractor disagrees with a decision by the
Facility, the Contractor shall have the right to present information to the City in support of its claim. The claim will then
be resolved by the City Council.
12. Contractor shall implement and carry out an organics collection program for Hutchinson area schools with the materials
collected to be disposed of consistent with this Section A.
N A
B. Organics Carts and Computerized Chip Reading System
I . The Contractor will be responsible to provide and maintain two (2) plastic containers (with wheels) for each customer, at
no charge to the City or customers. The customer can choose a 30, 60, or 90 gallon refuse cart. Cart specifications are as
provided in the Contractor's Request for Proposal.
2. The second cart will be designated for organics and be green in color. The green organics cart shall have the imbedded
chip technology described in Attachment _ readable by equipment mounted on the automated cart lift arm. The Contractor
shall be responsible for the installation and maintenance of the chip reading equipment, and provide the City with daily
collection data that is downloadable to the City's computer system. The format will be a comma delimited ACSII file.
Layout must match existing City software, and the Contractor shall provide the street serial number with its matching
serial number on the cart.
The MMSW cart may be any other color approved by the City. Additionally, the MI'v1SW cart may be previously used.
The green organics cart shall be new. Both carts shall be injection molded.
4. The City Utility Department shall notify the Contractor of any new accounts.
Garbage containers and Organic Carts shall be dropped offby the Contractor to the new account on or before the pickup
date next following notification. Such notification must be in writing by any medium.
5. The City plans to utilize the computerized reading system to determine participation and may offer a credit system.
6. Each container ('MMSW and organic) shall have the name of the Contractor, and a toll free number to assist in handling
customer concerns. Contractor shall provide a 24 -hour answering service for the toll -free number. Also, a serial number is
required. In the event the City desires to have a sticker on the organics carts, the City will pay for such sticker and the
Contractor shall install the sticker.
7. Lost or missing carts shall be the responsibility of the Contractor. One replacement cart, in such cases, shall be provided
the customer at no charge, for refuse and organics, respectively.
The Contractor shall have the right to collect payment directly from the customer for any containers beyond the
aforementioned replacements described above; however, collection of this additional payment shall not be the
responsibility of the City.
9. The customer shall have an initial window of opportunity to change the size of their'MMSW until July 1, 2001.
Thereafter, the size of the cart may only be changed on a monthly basis, pursuant to the upcoming monthly billing date,
according to the deadline established by the City Finance Director. Changes after the window of opportunity will result in
a customer charge of $1 0.00 per stop, to be collected by the City and paid to the Contractor.
10, The City shall not be liable to the Contractor for purchasing too many or too few of a given cart size.
C. City Cart Pickup on City Property and Public Rights of Way
The Contractor shall provide carts utilizing the automated side arm for the City Property and Public Rights -of -Way locations
indicated on the map in Attachment - - - -, according to the size and type of cart, frequency of pick -up per month, type of service -
valet services or curb service, and number of carts per location (JU MSW and/or organics) indicated on the map. In the eVent the
City desires pickups per week or additional locations not on the map, the City reserves the right to add or delete locations at the
per unit price in Attachment _
D. Recyclables Collection and Disposal
The Contractor shall collect Recyclable Materials (blue bin) as defined herein, at curbside on the same day MMSW is
collected from the customer. The recyclable materials shall not be co-mingled in any manner by the Contractor at any time
such Recyclable Materials are located vIthin McLeod County. The Contractor shall ensure that all recyclable materials are
marketed and shall retain any proceeds derived from such markets. However, if and when the County establishes a
Materials Recovery Facility (.MRF) for recyclable materials, the Contractor shall deliver to the County MRF all recyclable
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materials collected pursuant to this Agreement. In this event, any marketing proceeds shall remain on deposit with the
County, to be shared between the City and the County as their interests may appear.
2. If mutually agreed upon, other materials can be added such as magazines, catalogues and other types of paper, metals and
plastics.
The Contractor shall not mix MMSW or organics with the recyclables or take any action so as to make the recyclable material
unacceptable to the County MRF.
4. The Contractor shall provide monthly reports to the City on marketing of recyclable materials for all materials collected.
The required information includes the market, the receipts, and the net weight and type of material.
5. In the event the County :MRF cannot accept the materials, the Contractor shall deliver the recyclable materials to a
licensed MRF( s) or other proper recycling market of its choosing.
6. Recyclable materials, when delivered to the County MRF or other market shall not have reject levels that exceed two
percent (2 %).
The City will initially provide the Contractor with its current scanning devices. Any replacement, operational, or
maintenance costs are the responsibility of the Contractor. In the event Contractor wants to implement a different
scanner system or process, the replacement system must be compatible with the City's existing software and be
approved by the City prior to implementation.
E. Scheduling of Collection - MMSW. Organics and Recyclables
The Contractor shall provide collection for MMSW, organics and recyclables according to the Collection Schedule
in Attachment _ Any change in the collection schedule requires the agreement of the City and the Contractor.
2. Subsequent changes to the Collection Schedule require a 90 -day advance notice and approval by the City Council
prior to implementing a change. If approved, the Contractor shall provide written notice to customers of the change
at least 15 days in advance of implementation.
3. Scheduling changes due to a holiday are permitted if notice is printed in the Hutchinson Leader and Shopper
Newspaper (using no less than 12 point type) at the expense of the Contractor.
4. In the event the Contractor shall fail to make a collection at any particular residence as required by this Agreement,
the Contractor shall do so within 24 hours after notification from the City or customer of the address where such
pickup was not made. The Contractor shall keep a record of all missed collections and provide it to the City at the
end of each month.
5. Collections shall only be made as have been authorized by this Agreement or the City, and the Contractor shall not
be entitled to payment for any collections made and not authorized by the City or this Agreement.
6. In the event that the City wishes to discontinue service at a collection stop, the City shall notify the Contractor to that
effect at least one week prior to the date of discontinuance of such service.
Yard Waste, Hard Goods and White Goods
Yard Waste special collection shall be provided by the Contractor at curbside on three dates in spring as determined
by the City. All materials are to be delivered to the City Compost Facility. The City reserves its discretion to specify
the type of compost bag(s) eligible to be picked up.
In addition to yard waste, the Contractor shall pick up twigs and brush bundled and no longer than four (4) feet on the
same three dates in spring referred to above, and deliver such materials to the City Compost Facility.
t) &)
The City's customers shall be provided by the Contractor the opportunity to have one Hard Good and one White Good
picked up at curbside once in spring and once in fall, at dates determined by the City.
All other times of the year, City customers may contact any hauler licensed by the City, including the Contractor, to
remove Yard Waste, Hard Goods and White Goods at the customer's own cost, or the customer may haul such items
themselves at their own cost.
The Contractor is responsible to pay for any special charges at the landfill or other disposal or recycling destination for
White goods and Hard Goods.
G. Equipment
Should any MMSW, organics, recyclables or other waste or materials collected by the Contractor be dumped or spilled
duringcollection or transportation, such waste or materials shall be immediately cleaned up by Contractor. A broom and
shovel in goousable condition should be placed and maintained on each vehicle for this purpose. Carts and vehicles shall
be kept clean, sanitary, usable, and as free from all offensive odors as possible and shall not be allowed to stand in any
street, alley, or other place longer than is reasonably necessary.
2. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean,
sanitary condition, shall thoroughly disinfect each vehicle at least once a week unless the same has not been used since the
last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all
federal, state, and municipal regulations concerning vehicles used on public roads and maintained to meet these standards.
Equipment is subject to periodic inspection by the City.
3. The Contractor shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein
within one week of the time of making such change.
4. Each collection vehicle shall have a flashing light warning system, fire extinguisher, and proper back -up alarms as
approved by the City.
5. No truck which is engaged in the collection of any materials pursuant to this contract, or which contains any such
materials, shall collect, load or contain any non - contract materials.
H. Personnel Requirements
I. There shall be no limitation on the size of the Contractor's collection crew so long as they are sufficient to fulfill the
requirements of this Agreement. The Superintendent shall respond to citizen or City complaints and keep a log
noting the name of the complainant, address about which the complaint is lodged, manner in which the complaint
was resolved and any other information deemed useful. The log shall be available for review by the City Resource
Recovery Coordinator at reasonable times.
2. The Contractors employees shall handle all containers with reasonable care to avoid damage, replace the containers
in an upright position on the boulevard adjoining the curb, and properly dispose of any contents which may be
spilled. The Contractor's employees will also report to the Contractor any violations of regulations as they observe in
the performance of their work.
Employees shall be sober at all times in the performance of their duties, be of a presentable appearance, perform
work in a neat and quiet manner, and at all times be courteous to the public.
Supervision
I . A full -time superintendent of collections shall be employed by the Contractor and shall be the representative of the
Contractor under this Agreement. The superintendent shall be on the job during normal hours of collection
operations and shall maintain proper schedules for collection. The superintendent shall have supervisory duties
which shall include servicing of complaints.
2. All services to be performed for the City by the Contractor pursuant to the terms of this Agreement shall be
supervised by such employee, agent, or officer of the City as the City Administrator shall designate. The designated
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inspector may have access to all of the Contractor's records and equipment at reasonable times.
Safety
The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its
employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and
regulations, as well as those of other bodies and tribunals having jurisdiction.
IV. PAYMENT AND ADJUSTMENTS TO RATES
Payments to the Contractor shall be made according to the following:
A. The City will pay the Contractor on a monthly basis according to the Schedule in Attachment _ . The City will utilize a
quarterly customer count to determine the monthly payment to the Contractor. On August I and February I of each year,
the City will adjust each of the respective rates for any percentage increase /decrease in the most recent annual Consumer
Price Index for all urban consumers, Minneapolis/St. Paul ( "CPI -V") as published by the United States Bureau of Labor
Statistics. This shall be the sole method of compensating the Contractor for any increase in operating cost (i.e. labor, fuel,
etc.) during the term of this Agreement. The minimum increase shall be 2% and the maximum increase shall be 4 %.
B. Except as provided above, the City shall be responsible for billing customers for all services provided by the Contractor,
as well as all computations necessary in individual rates for the inclusion of landfill charges paid by the City, plus a
monthly City administrative charge as determined by the City Council, or other charges it deems necessary.
C. The applicable state sales taxes and surcharges shall be billed by City to customers and paid to the state by City.
D. The Contractor shall keep complete and accurate records in accordance with generally accepted accounting practices.
Accounting of all MMSW, organics, recyclables, Yard Waste, Hard Goods, and White Goods collected, including but not
limited to tip receipts/reports, shall be provided on a weekly basis to the City's Finance Director in such detail as deemed
necessary by the City.
E. The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance
premiums or equipment or supplies and all just claims for such work, material, equipment, insurance, and supplies in and
above the performance of this Agreement.
V. ANNUAL BOARD OF REVIEW /COMPLAINTS
The City shall advertise and the Contractor shall attend an annual meeting to review public comments, complaints, suggestions,
etc. regarding services under this Agreement. The meeting shall be at a date and time established by the City Council. A record of
all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be
answered by the Contractor courteously and promptly.
VI. LEGAL COMPLIANCE
A. The Contractor shall comply with ordinances of the City and the laws and regulations of the State of Minnesota and its
agencies relating to solid waste management in effect during the term of the Agreement.
B . The Contractor shall report all violations of ordinances pertaining to solid waste management for enforcement purposes,
including all unsanitary and filthy conditions, to the City Code Enforcement Office.
VII. LICENSING
The Contractor must be licensed under City ordinance on an annual basis and comply with all provisions of said ordinance (see
Attachment ). The Contractor must also obtain licensing through the County Solid Waste Department and is subject to all
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regulations of the County.
VIII. ASSIGNMENT AND TRANSFER
A. The Contractor shall not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance,
or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part
thereof or any interest therein, without the prior written approval of the City, which approval will not be unreasonably
withheld. If such a request is made, the City Council reserves the right and full discretion to accept the
assignmentitransfer, or teiminate the Agreement at a timetable chosen by the City Council to facilitate an orderly change
to another potential contractor.
B. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval
that:
I. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City,
necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and
2. The transfer does not create an anti -trust situation in the local solid waste hauling industry that is contrary to the public
interest of the residents of the City; and
3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and
assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under
this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the
intent of this paragraph, together with other provisions of this Agreement, that (to the fullest extent permitted by
law and equity and excepting only in the manner and to the extent specifically provided otherwise in this
Agreement) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein,
however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to
deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this
Agreement; and
There shall be submitted to the City for review all instruments and other legal documents involved in effecting such
transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee
shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this
Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing.
IX. PERFORMANCE BOND
The Contractor shall execute and deliver to the City a performance bond in the sum of $1 00,000 conditioned upon the faithful
performance of the Agreement. In addition, to further protect the City in the event the Contractor fails to properly perform under
the Agreement, the Contractor shall pledge to the City all receivables collected by the City and not paid to the Contractor, and all
receivables not yet collected by the City. This Agreement shall not become effective until such bond has been delivered to the City
in form acceptable to the City Attorney and has been accepted by the City. Such bond shall be filed with the City Clerk within ten
(10) days from the execution of this Agreement and shall remain in effect until the expiration of this Agreement.
In the event the Contractor fails to properly perform under this Agreement, the City may take whatever action is necessary to
secure substitute collection and hauling services for the remainder of the Agreement -term, and may use the proceeds of the bond
to pay for the difference between the rates provided by the Agreement and the actual cost of such substitute service
X. HOLD HARMLESS
The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from any and all claims, causes
of action, liabilities, losses, damages, costs, expenses including, but not limited to reasonable attorneys' fees, suits, demands, and
judgments of any nature, specifically including, any claims under state or federal superfund liability laws, and/or because of
bodily injury to, or death of, any person or persons and/or because of damages to property ofthe Contractor or others, including
loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including
16 L-L)
negligence, of the Contractor, or the Contractor's employees or agents in connection with the Contractors performance of this
Agreement. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any
judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable
for any claims or charges incurred by the Contractor in the performance of this Agreement.
XI. INSURANCE
A. During the entire period of this Agreement, the Contractor shall carry Public Liability Insurance including coverage of all
motor vehicles of $1,500,000.00 combined single limit (bodily injury and property damage); and $1,500,000.00 in excess
liability; and the City of Hutchinson shall be a party insured in said policies.
B. Additionally, the Contractor agrees to pay all necessary Federal Social Security taxes and all State or Federal taxes
required by law and at its own expense will cover all of their employees with workers compensation insurance as required
by law, and shall deliver such policies to the City of Hutchinson. The Contractor agrees to comply with all laws of the
State of Minnesota and the United States regarding the employment of persons.
C . All policies evidencing insurance required by this paragraph shall name the City and the Contractor as named insureds,
and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or
of the Contractor's employees or agents in connection with the performance of this Agreement, including claims arising
out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing
this Agreement. Such policies shall be in form and content satisfactory to the City Attorney and shall be filed with the
City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor
and the City shall be filed with the City Clerk within ten (10) days from the execution of the Agreement, and yearly
thereafter, at least thirty (30) days prior to the date ofthe expiration of said policies of insurance for each year of the
Agreement. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in
the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the
payment of premiums shall be filed with the City showing payment of premiums for at least one year in advance and on
each renewal date provided therein.
XII. GUARANTY OF NONDISCRIMINATION
The Contractor agrees that during the term of this Agreement, the Contractor will not, within the State of Minnesota, discriminate
against any employee or applicant for employment because of race, color, creed, national origin or ancestry, or sex, and will
include a similar provision in all subcontracts entered into for the performance' thereof The Agreement may be cancelled or
terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or
conditions of this paragraph. This paragraph is inserted in the Agreement to comply with the provisions of Minnesota Statutes, §
181.59.
XID. DEFAULT AND TERMINATION
A. If the City determines that the Contractor is in violation of the terms of this Agreement, a written notice of default will be
sent to the Contractor allowing thirty (30) days to comply. Failure by the Contractor to correct the default by end of the
30 -day period shall provide the City the right to terminate this Agreement by written notice to the Contractor.
B. Upon failure of the Contractor to fulfill any of the provisions of this Agreement, the City Administrator shall be
authorized to hire such personnel equipment, or assign City employees and equipment, as may be necessary to do such
work and the cost of such expenses thereof may be charged and deducted from any monies due the Contractor, collected
from the Contractor, or collected by recourse to the Contractor's bond, pursuant to Article IX, above.
XIV. ENTIRE AGREEMENT.
This Agreement, with all of its Attachments incorporated herein by reference, is the entire agreement between the parties. No
modification of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto.
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XV. REMEDIES ARE CUMULATIVE.
All remedies described in this Agreement may be exercised by the City in addition to and not in lieu of any other remedy provided
in law or equity.
IN WITNESS WHEREOF, the City of Hutchinson and Waste Management of Minnesota, Inc. have executed this Agreement
the day and year written below.
Dated:
L
WASTE MANAGEMENT OF MINNESOTA, INC. CITY OF HUTCHINSON
CITY OF HUTCHINSON
M
Its:
M
Its:
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Its:
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Marc A. Sebora, City Attorney
Office of the City Attorney
Memorandum
To: Hutchinson City Council Members
From: Marc A. Sebora City Attorney
Date: July 9, 2010
Re: Hutchinson City Sales Tax
111 Arisen Street SE
Hutchfa n, MN 553547522
320 - 587- 5151/Fax 320.2354201
This memo is a follow up to the Council's discussion from a couple of meetings ago when we
last discussed the proposed 1/2% Hutchinson city sales tax.
As you know, despite the many efforts of the mayor and city staff, the bill introduced by Sen.
Dille for legislative approval of a Hutchinson city sales tax in the last legislative session did not
pass. If it is the desire of the City Council to continue to pursue this idea, the statute requires that
a few things be done:
1.) The City Council must pass a Resolution setting forth the parameters of the proposed
new tax including the tax rate, how the revenues will be used, the total revenue that
will be raised before the tax expires, and the estimated length of time that the tax will
be in effect.
2.) After passage of the Resolution, the voters would need to approve the implementation
of the tax at a general election.
3.) The Legislature would then have to approve a special law putting the sales tax into
effect.
If the city Council wishes, I could prepare a Resolution for you to consider at the July 27, 2010,
City Council meeting. The Resolution would contain the required statutory language, as well as
the declaration of the Council to have the question put to the voters at the general election on
November 2, 2010. The proposed ballot language would be considered in the Resolution as well.
I look forward to answering any additional questions you may have about this at the July 13,
2010, City Council meeting.
— Printed on recycled paper —
1(�(b)
CITY OF HUTCHINSON
MEMO
Finance Department
July 9, 2010
TO: MAYOR & CITY COUNCIL
FROM: JEREMY CARTER, FINANCE DIRECTOR
SUBJECT: 2009 FINANCIAL REVIEW
Kyle Meyers from the CPA Firm of Abdo, Eick & Meyers LLC. will be here August 24`s to do a brief over
view of the City of Hutchinson's 2009 audited Comprehensive Annual Financial Report (CAFR) at the
regular Council meeting and answer any questions council members may have at that time.
Also, at the workshop, beginning at 4 p.m. Kyle Meyers will review the 2009 CAFR in greater detail and
cover the management letter answering any questions and giving clarification on any information presented
in the 2009 financial statements.
Once I receive the printed versions of the 2009 audited financial statements and management letter I will
distributed them to each of you, which should be well before the August 24h meeting.
Any questions ahead of time can be directed to my attention.
Thanks
H: \DOC \City council memo 1.doc
)D(G)
Too Citizens of the Hutchinson Fire District, Mayors, City Councils, and Town Board Supervisors
Frorm Brad Emans, Fire Chief
Data
07101/2010
Re: Monthly Update on Activities of the Fire Department
Fire Department Response: The Fire Department responded to 44 calls for service in the month of
June.
Fire Officer Only Response: A "fire officer only' responded to 11 calls in June, saving the Hutchinson
Fire District the cost of a "general" alarm estimated at 1$ .958.00 for the month.
Response Time (First Emergency Vehicle Out of the Door): June —4 minutes 8 seconds
Example of a Few of the Calls:
• The FD responded to two power outages within the city in a one week period causing people to
become stuck in elevators, and fire alarm panels to activate throughout the city;
• The FD responded to a hit and run vehicle accident, the vehicle was found on fire and the driver
ran away causing a search of the area around the accident site;
• The FD responded to a one vehicle accident and extricated one victim from the entangled vehicle;
• The FD responded to a building fire in the westem part of the fire district, the property owner failed
to notify Meeker County dispatch that the fire was a controlled bum;
• The FD responded to a missing person report, the FD searched the river below the dam and the
land on both sides of the river. The missing person reported back to the facility early the following
morning;
• The FD responded to a bam fire in the northeast part of the fire district, the family was using a 55
gallon barrel as a recreational fire pit inside the hayloft_ The vacant bam was a total loss;
• A FD officer responded to a carbon monoxide call, the detector was activated by the burning of
candy inside residence;
• The FD assisted with a welfare check on a possible "garbage house ";
• The FD responded to machine fire in an industrial building in the southeast part of the city. The fire
was extinguished by built-in fire protection system;
• The FD responded to seven fire alarms in a three hour period, all activated by the severe weather
in the area.
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Breakdown of the Calls for the Month:
City
Type of Call
Number for the Month
Residential
3
Commercial/Industrial
11
Mufti-Family
2
School
0
Grass
0
Medical
4
CO
3
Rescue
2
Haz-Mat Leak/Spill
4
Vehicle
0
S -Wam
1
Mutual Aid
0
Total
30
Structure Fires
0
Arson
0
Rural:
of Call
Number for the Month
-Type
Residential
2
Commercial / Industrial
0
School
0
Farm Building
2
Grass
1
Medical
4
CO
0
Rescue
3
Haz-Mat Leak/Spill
1
Vehicle
1
Mutual Aid
0
Total
14
Structure Fires
2
Arson
0
Training: Firefighters trained on the following topics/equipment In June:
Firefighters trained in various part of the city on "real time" emergency response which include
incident command size -up, truck positioning, water supply, and hose advancement on two
consecutive training nights;
• The Fire Departrnent conducted the "Oath of Office' ceremony for new recruits and the "Letters of
Commendations" ceremony for those fire and police officers that performed above and beyond
expectations during a critical incident in the fire district
• Page 2
I I L�__)
Fire Prevention ! Public Relations / Other Information:
• Firefighters participated in the 68'" Annual Jaycee Water Carnival Parade;
• Firefighters assisted HAHC with 1 a Aid at the end of the Water Carnival Parade;
• Firefighters assisted with the Jaycee Water Carnival fireworks exhibition;
• A Fire Officer assisted the staff at Birchwood with the written evacuation procedure for clients and
staff,
• Two of our paid-on-call firefighters remodeled the fire station kitchen and Battalion Chiefs office on
the second floor. These individuals represent the best of the people that protect the fire district,
Other Information:
Number of calls that required more than one engine, one IC, and four firefighters for June: 15
Estimated dollars lost to fire for the June: $26,500
Estimated dollars saved for the June: $260,000
• Page 3
LQ-
• Memorandum
TO: Mayor and City Council
FROM: Gary D. Plotz, City Administrator
Brenda K. Ewing, Human Resources Director
RE: Voluntary Severance Program Recommendation
DATE: July 13, 2010
Attached is a recommendation from staff for a 2010 voluntary severance program for
Council consideration.
The voluntary layoff severance program proposal includes the following components,
and is similar to the packages provided to employees prior to 2009 for severance
eligible events:
1. One week of pay for each year of service to the City, up to a $20,000 maximum
• payment.
2. The dollar equivalent of one week of the employer provided health and dental
premium for each year of employment (full time employees, only).
3. Total voluntary severance package will be at least the minimum amount offered
under the involuntary severance package.
4. Accept the Voluntary Severance Package offer on or before September 1, 2010.
5. Final paid date no later than November 1, 2010.
Attached is a spreadsheet with general examples of how the voluntary layoff severance
would be calculated for individuals with various years of service and the different levels
of insurance coverage (single /family).
Encl.
�ac��
2010
Voluntary Layoff Severance Program Includes the Following Components,._ -
1 One week of pay for each year of -service up to a $20,000 maximum.
2 The dollar equivalent of one week of the employer provided health and
dental insurance for each year of employment (full time only)
3 Total voluntary severance package will be at least the minimum amount
offered under the involuntary severance package.
1 - - L -
Employees subject to a layoff will be separated from employment no later than November 1, 2010.
These employees are eligible to receive payment of unused vacation leave and compensatory
time upon separation -
r --
Date of Hire 6/15/1985
Layoff Date 10/31/2010 10/31/2010 10/31/2010
Yrs of Service 25.4
1/3/11996 11/30/2006
- - Hourly Rate
$29.00. -
Weekly
Rate
$1,160.00
i
Total
$29,464.00
Total /$20,000 Max 20,000.00
i
Insurance Cov.
Family
Health Prem.
$1,301.23
Dental
Prem.
$88.90
Monthly
Total
$1,390.13
14.8 --
$25.00
$1,000.00
$1
Single
$520.62
$28.90
$549.52
3.9
$20.00
;,:E=
120.00
Family
$1,301.23
$1,390.13 --
Months of
Coverage 6.4 3.7 1
Insurance Paymen 8,898.83 2,033.22 - 1,390.13
- --
Total Severance 28,896.83 18833.22 4,510.13
-1 - -- -- 1 - - - -- --
* - amount is less than the involuntary severance package of $6,719.85
• Memorandum
TO: Mayor and City Council
FROM: Gary D. Plotz, City Administrator
Brenda K. Ewing, Human Resources Director
RE: Involuntary Layoff Severance Program Recommendation
DATE: July 13, 2010
Attached is a recommendation from staff for a 2010 involuntary layoff severance
program for Council consideration.
The involuntary layoff severance program proposal includes the following components,
similar to what was provided for in 2009:
1. Two weeks of pay and one (1) day pay for each year of service up to a $5,000
maximum combined payout.
• 2. Payment representing the 35% of the COBRA cost of the current medical and
dental insurance premiums for a 9 -month period.
The involuntary separation(s) is(are) proposed to be effective no later than November 1,
2010.
Attached is a spreadsheet with general examples of how the involuntary layoff
severance would be calculated for individuals with various years of service and the
different levels of insurance coverage (single /family).
Encl.
•
a(( -
2 un rY Layoff Severance I P- rogram_ 010
-
_
•Involuntary layoff Severance Pro � 1
gram Includes the Following -
Components:
- 1 - Y maximum-.--- -
1 Two weeks of a and one 1 day p 00 -
- _P_ Y O y pay for each year of service up to a $5,000
I- Note': One day is considered 8 hours. F T -
- -- L
2 Payment representing the 35% of the COBRA cost of the medical/dental premiums for
-month period r -- -
Employees subject to a layoff will be separated from employment no later than November 1, 2010.
These employees are eligible to receive payment of unused vacation Leave and_com P ensato
time upon separation. - ry --
Examples
4 Em to ee A - Em to ee B Em to ee C - -
- - -_ -
Date of Hire 6115/1985 1/3/1996 11/30/2006 - -
Layoff Date 12/31/2010 12131/2010 12/31/2010
Yrs of Service 25.5: - 15.0 - -- 4.1
- -r - - Hourly Rate $29.00 -- $25.00 $20.00 I - lI
- -
Daily Rate $232.00;' -
-- $200.00 $160.00
7 -_
Weekly Rate $1,160.0at $1,000.00 $800.00 -
2 Weeks Pa_ $2,320.00; -_ � - -
-
_ y - $2,000.00 $1,600.00 - - -
Day Pa - -
y/Yr Sery $5,926 31 $2,998.89 - $653.33 - -
Total $8,246.31: - $4,998.89 $2,253.33 - -
Total /$5,000 Max 5,000.00 4 998.89 2,253.33 - T
- - -M_- -
Insurance Cov. Family - Single Family - I - r
35% Health Prem. $464 54 $185.86 $464.54 -
- -4 --
35% Dental Prem. $31 74 $13.89---
13 89 -
- $31.74 - } -
Monthly Total $496 21% $199.75 $496j -
.28 _ -- � -
Month F�aymentj $ 4,4 M. 1 797.75797.75 4,41112
Total Severance $9.499821 r"Ta"Maim, TAV -fir- { -�- -- - - - - --