cp08-24-2010 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 24, 2010
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Vineyard United Methodist Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF AUGUST 10, 2010
Action — Motion to approve as presented
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een delegated to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 10 -0553 - AN ORDINANCE AUTHORIZING THE SALE OF CITY -OWNED
PROPERTY LOCATED IN THE INDUSTRIAL PARK (SECOND READING AND ADOPTION)
2. ORDINANCE NO. 10 -0554 - AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY
MORATORIUM ON THE CONSTRUCTION OF FENCES ADJACENT TO TRAILS WITHIN
THE CITY OF HUTCHINSON (SECOND READING AND ADOPTION)
(b) PLANNING COMMISSION ITEMS\
CONSIDERATION OF A THREE -LOT PRELIMINARY PLAT OF CROWN ADDITION,
COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM R -1 (SINGLE
FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED
USE DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD REQUESTED BY RANDY
ANDERSON, KIDS INC. WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13773 AND WAIVE FIRST READING
AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0555 FOR
SEPTEMBER 14, 2010)
2. CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK NORTH
SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH)SUBMITTED BY
HUTCHINSON ECONOMIC DEVELOPMENT WITH FAVORABLE PLANNING
COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13774)
3. CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE PERMIT TO
SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED
LIFE LINK III BUILDING AND THE NEW HANGAR AT 1732 BUTLER FIELD DRVE SW,
HUTCHINSON AIRPORT PROPERTY, WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13775)
4. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54— STORMWATER
MANAGEMENT; SECTION 54.02, DEFINITIONS WITH FAVORABLE PLANNING
CITYCOUNCIL AGENDA — AUGUST 24, 2010
COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION OF ORDINANCE NO. 10 -0556 FOR SEPTEMBER 14, 2010)
5. CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152— SHORELAND
MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER
MANAGEMENT; SECTION 152.108, VARIANCES WITH FAVORABLE PLANNING
COMMISSION RECOMMENDATION (WAIVE FIRST READING AND SET SECOND
READING AND ADOPTION OF ORDINANCE NO. 100557 FOR SEPTEMBER 14, 20 10)
6. CONSIDERATION OF SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC
FOR A 4920 SQUARE FOOT DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK
NORTH SECOND ADDITION WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13776)
(c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO.6 - LETTING NO. 1, PROJECT
NO. 09 -01 (ENERGY PARK IMPROVEMENTS PHASE 1)
(d) CONSIDERATION FOR APPROVAL OF ELECTION JUDGE WAGE INCREASE
(e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO ST. ANASTASIA CATHOLIC CHURCH
(f) CONSIDERATION FOR APPROVAL OF DONATION OF $2000 TO HUTCHINSON FIRE
DEPARTMENT FROM MARGARET ABBOTT
(g) APPOINTMENT /REAPPOINTMENT TO HRA BOARD
- REAPPOINTJOEL KRAFT TO AUGUST 2015
- APPOINT LOUANN HOLMQUIST TO AUGUST 2012 (FILLING UNEXPIRED TERM OF RUTH
KIMBALL)
(h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M.
(a) PROPOSED GRANTING OF A ONE YEAR EXTENSION FOR CUSTOMER ELATION TO ACHIEVE
JOB CREATION GOALS
Action — Motion to reject — Motion to approve
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t verse po icy. ways oo ing towar I e ture, not monitoring past)
(a) UPDATE ON CURRENT 2010 YEAR -TO -DATE NUMBERS FROM A BUDGET STANDPOINT —
JEREMY CARTER
Action -
9. UNFINISHED BUSINESS
10. NEW BUSINESS
2
CITY COUNCIL AGENDA — AUGUST 24, 2010
(a) CONSIDERATION FOR APPROVAL OF REVIEW AND ACCEPTANCE OF 2009 FINANCIAL
REPORT
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF ENERGY CONSERVATION GRANTS AND ASSOCIATED
PERFORMANCE CONTRACTING
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF CIVIL AIR PATROL WATER TOWER LEASE AGREEMENT
Action — Motion to reject — Motion to approve
(d) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10 -0558 - AN ORDINANCE REVISING
SECTION 112.088 — HOURS AND DAYS OF LIQUOR SALES (WAIVE FIRST READING AND SET
SECOND READING AND ADOPTION FOR SEPTEMBER 14, 2010)
Action — Motion to reject — Motion to approve
(e) CONSIDERATION FOR APPROVAL TO FORMALLY ADOPT A CITY OF HUTCHINSON
INVESTMENT POLICY
Action — Motion to reject — Motion to approve
(f) CONSIDERATION FOR APPROVAL OF ACQUISITION OF TRUNK HWY 7 /TRUNK HWY 15
PROPERTIES NORTH, 4 0 MAIN STREET SNWTH, 2 6 4� AVENUE WS 2644`% AVENUE NW 9 4 AVENUE
NE, 11 4TH AVENUE NE, 13 4 AVENUE NE, 15 4TH AVENUE NE, 17 4TH AVENUE 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, developpol icythaiguides the organization and
Council an manage the logistics of the Council. May include monitoring reports, poli.cy development and governance
process items.)
(a) CHARTER COMMISSION MINUTES FROM JUNE 14, 2010, AND JUNE 28, 2010
(b) PLANNING COMMISSION MINUTES FROM JULY 20, 2010
(c) CITY OF HUTCHINSON FINANCIAL REPORT FOR JULY 2010
(d) CITY OF HUTCHINSON INVESTMENT REPORT FOR JULY 2010
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 10, 2010
1. CALL TO ORDER — 4:00 P.M.
2. Mayor Steve Cook c e t e meeting to order. Members present were Bill Arndt, Jim Haugen, and Eric Yost.
Member absent was Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora,
City Attorney.
3. INVOCATION — Pastor Kaye, Vineyard United Methodist Church, delivered the invocation.
4. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Gail Plaisance, Squeaky's Bar & Grill, presented before the Council. Mr. Plaisance presented before the
Council requesting that the Sunday liquor hours of sales be reconsidered to go back to 10:00 a.m. as it once
was. Marc Sebora, City Attorney, provided feedback on the request. This request would take an ordinance
change.
Motion by Arndt, second by Haugen, to approve drafting an ordinance to revert Sunday liquor sales to begin
at 10:00 a.m. Motion canted unanimously.
5. MINUTES
(a) REGULAR MEETING OF JULY 27, 2010
Motion by Arndt, second by Haugen, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not disassed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13770 — A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE
PROPOSED GRANTING OF A ONE YEAR EXTENSION FOR CUSTOMER ELATION TO
I:C4rII &I / : 6 IoIZ41 IMIIMzK6197AW
2. ORDINANCE NO. 10 -0552 — AN ORDINANCE REZONING PROPERTY FROM C -1
(NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY
RESIDENTIAL) AT 502 HARRINGTON STREET SW WITH FAVORABLE PLANNING
COMMISSION RECOMMENDATION (SECOND READING AND ADOPTION)
(b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICINSE TO DEAN
MAJOR TO OPERATE A SWEET CORN STAND ON 1200 HWY 15 SOUTH
(c) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 1 - LETTING NO. 2, PROJECT
NO. 09 -02 (SHERWOOD STREET SE EXTENSION)
(d) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PERMIT TO HUTCHINSONHIGH
SCHOOL STUDENT COUNCIL ON OCTOBER 1, 2010
(e) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO
HUTCHINSON HOCKEY ASSOCIATION ON OCTOBER 9, 2010, AT HUTCHINSON CIVIC
ARENA
CITY COUNCIL MINUTES — A UGUST 10, 2010
(f) CONSIDERATION FOR APPROVAL OF 36' ANNUAL ARTS & CRAFTS FESTIVAL TO BE
HELD SEPTEMBER 17-18,2010, IN LIBRARY SQUARE AND SURROUNDING STREETS
(g) CONSIDERATION FOR APPROVAL OF SELLING 50 FOOT STACKING CONVEYOR AT
CREEKSIDE
(h) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(c) and 6(g) were pulled for separate discussion.
Motion by Arndt, second by Yost, to approve consent agenda with the exception of the items noted above.
Motion carried unanimously.
Item 6(c) had further discussion. Kent Exner, City Engineer, presented before the Council. Mr. Exner
explained that the senior housing project is still looking at securing their funding. This affects the Sherwood
Street extension in that the project completion date needs to be modified. The revised final completion date
for this project will be amended to August 1, 2011. An interim completion date (all utility and roadway
granular base) will be set for December 1, 2010. This action results in no increase to the contract payment
amount.
Motion by Arndt, second by Yost, to approve Item 6(c). Motion carried unanimously.
Item 6(g) had further discussion. Gary Plotz, City Administrator, noted that there are a couple of options to
choose from to pay for the remaining balance of the proposed purchase of a new used conveyor at Creekside.
The first option would be to rent the conveyor until January 1, 2011, for $2500 per month with all rent
applying towards the purchase. Or the $7500 could be utilized from the 2010 budget. Creekside will be
selling their current conveyor to an outside vendor.
Motion by Arndt, second by Haugen, to approve Item 6(g). Motion carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M. -NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. A ways oo ing toward theruture, notmonitaring past)
(a) CONSIDERATION FOR DIRECTION TO STAFF FOR THE PROPOSED COMPLETION OF A JOB
EVALUATION /COMPENSATION PLAN STUDY FOR REGULAR CITY POSITIONS FOR 2010
Brenda Ewing, Human Resources Director, presented before the Council. Ms. Ewing explained that the last
full job evaluation/compensation plan study was completed in 2005. At that time, it was recommended to
have such studies completed every three years. This project has been funded for in 2010, as it was deferred
in 2008 and 2009. Ms. Ewing provided various options for the Council to consider. These include: (1)
complete a comprehensive review of all positions requiring written job evaluation forms from all regular
employees and a market study to determine proper City pay grade placement and appropriate compensation
levels for each designated pay grade; (2) complete a general review of all positions and requiring ob
evaluation forms only for those positions that management designates have significantly changed or are
proposed to change due to the budget related reorganizations and a market study to determine proper pay
grade and compensation level; (3) complete a general review of all positions, without completed job
evaluation forms and a market study to determine proper pay grade and compensation level. Two options
the Council can consider should they choose to move forward with this project are to either distribute a
formal RFP outlining the requested services or allowing staff to contact consultants directly to negotiate the
fee for the professional services that are required for the study.
Currently, $20,000 is budgeted for the project. Mayor Cook asked that the market study portion of the
project be considered separately so that the cost could be considered. He felt that the data gathered in this
portion of the study is already accessible through public information databases. General discussion was held
about the project itself and the necessity of it, as well as the components of it. Mayor Cook suggested
including private entities in with the study. Council Member Arndt noted he was not in favor of moving
5 69_�)
CITY COUNCIL MINUTES — A UG UST 10, 2010
forward with such a study in these hard economic times.
Discussion was held how this study correlates to the restructuring that is currently being considered within
the City.
Motion by Yost, second by Haugen, to direct staff to obtain at least two quotes for Option 2 described above.
Motion carried unanimously.
9. UNFINISHED BUSINESS
(a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that the majority of the
services with Waste Management will remain the same. However, it is Proposed that Waste Management
will no longer be required to scan bar codes on carts to determine participation in organics collection, they
will begin collections of organic materials from Hutchinson schools, they will increase their efforts to make
organic material from its other service areas available to Creekside and the rates are associated with the
Consumer Price Index, however there is a maximum increase of 4% per year and a minimum increase of 2%
per year. The rates will be adjusted each October and April.
Motion by Arndt, second by Cook, to approve amending Waste Management contract. Motion carried
unanimously.
(b) DISCUSSION OF MOSQUITO CONTROL EFFORTS
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that there is one application
left on this year's contract, which was a carry over from last year. High counts have been seen thus far, and
if the same weather pattern remains, more applications may be necessary.
Motion by Arndt, second by Haugen, to spray the next and last application August 23, 2010, if necessary,
with no additional sprayings for the season. Roll call vote was taken: Haugen — aye; Arndt — aye; Cook —
nay; Yost - nay. Motion failed 2 to 2.
10. NEW BUSINESS
(a) AUTHORIZINTG THE FOR E OF CITY-OWNED OWNED P O ERTY LOCOATED N THE INDUSTRIAL PARK
(WAIVE FIRST READING AND SET SECOND READING AND ADOPTION FOR A UGUST 24, 2010)
Miles Seppelt, EDA Director, presented before the Council. Mr. Seppelt explained that a warehouse project
would like to come into the Industrial Park which will cover almost two acres on the east end of the
Industrial Park. The proposal is to sell a piece of property for $58,579.89 which will go back into the
community improvement fund. This operation will be similar to that of Pan -O -Gold.
Motion by Arndt, second by Haugen, to approve first reading of Ordinance No. 10 -0553. Motion carried
unanimously.
Motion by Haugen, second by Cook, to set September 7, 2010, at 4:00 p.m. as a public meeting for the
ribbon cutting ceremony for the recently completed Industrial Park expansion. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF ORDNANCE NO. 10 -0554 - AN INTERIM ORDINANCE
ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION OF FENCES
ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHNSON (WAIVE FIRST READING AND
SET SECOND READING AND ADOPTION FOR AUGUST 24, 2010)
Dan Jochum, Planning Director, presented before the Council. Mr. Jochum explained that the proposed
ordinance addresses the issue related to fences being constructed up to public trails. Mr. Jochum noted that
perhaps the word "adjacent" should be revised to "abutting" as noted throughout the ordinance. Council
Member Haugen suggested adding construction of landscaping, walls and similar structures as well. It was
f)
CITY COUNCIL MINUTES — A UGUST 10, 2010
then suggested to revise "abutting" to "within four feet ".
Motion by Arndt, second by Yost, to approve first reading of Ordinance No. 10 -0554 with the revisions
noted above. Motion carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF SETTING CITY COUNCIL WORKSHOP FOR SEPTEMBER
14, 2010, TO REVIEW WATER/WASTEWATER RATE STUDY INFORMATION
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that the consultant, Donohue
& Associates, had been working on the City's water /wastewater rate study until it was suspended almost a
year ago. The City would like to reinstate the study in order to prepare the water /wastewater budgets.
Motion by Arndt, second by Haugen, to set City Council workshop for September 14, 2010, at 4:00 p.m. to
review water /wastewater rate study information. Motion carried unanimously.
(d) CONSIDERATION FOR APPROVAL OF PROJECT AWARD FOR TRUNK HWY 15 WATER MAIN
LINING PROJECT
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that bids were opened on
August 5, 2010, for the Trunk Hwy 15 water main lining project. Three bids were received on this project.
Staff is recommending to reject all bids. The low bid came in approximately $150,000 higher than that
which was estimated. There were various factors that influenced the bid amount and it is being considered
to rebid this project late this year /early next year so that the project can begin early in the construction season
next year versus late in the season as this year.
Motion by Haugen, second by Yost, to reject all bids on the Trunk Hwy 15 Water Main Lining Project.
Motion carried unanimously.
11. GOVERNANCE ( Purpose: toassesspastorganizationalperformance, developpolicy that guides the organization and
Council an manage the logistics of the Council. May include monitoring reports, pollicy development and governance
process items.)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR JULY 2010
(b) HUTCHINSON PUBLIC LIBRARY BOARD MINUTES FROM JUNE 28, 2010
(c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 5, 2010
Council Member Yost asked about the tasks associated with the elimination of the Fire Inspector program.
Gary Plotz, City Administrator, noted that not all programs will be eliminated with the reduction of the
positron, but may be reduced. An update on all programs will be provided to the Council near the end of
August.
12. MISCELLANEOUS
Council Member Arndt — Council Member Arndt thanked all volunteers and city staff members for their
work on various community activities.
Council Member Yost — Council Member Yost noted that a resident had contacted him and voiced that
their opinion was that the purchase of the church property near City Center was not appropriate at this
time.
Mayor Cook— Mayor Cook asked if fee information would be possible on the water bill to aid residents in
understanding what they are paying for. Jeremy Carter, Finance Director, will get information on
additional printing costs. Mayor Cook also noted that the McLeod County Assessor's Office will be
holding fees flat for 2011. Mayor Cook mentioned that the Charter Commission minutes should be
distributed at the next meeting. Mayor Cook spoke about the City having a Facebook page. He feels it
would be a very useful communication tool. He asked if anyone would object to him maintaining a
Facebook page on behalf of the City. He suggested posting notices about the leaf program, Fall /Spring
pickup, events, local sales tax, etc. No objections were made.
4 ��\
CITY COUNCIL MINUTES — AUGUST 10, 2010
Motion by Yost, second by Cook, to approve Mayor Cook maintaining a Facebook page on behalf of the
City of Hutchinson. Motion carried unanimously.
Motion by Arndt, second by Yost, to set September 16, 2010, at 6:30 p.m. at the City Center to hold Town
Hall Meeting to discuss local sales tax. Motion carried unanimously.
13. ADJOURN
Motion by Arndt, second by Cook, to adjourn at 5:59 p.m. Motion carried unanimously.
5Lci-)
ORDINANCE NO. 10 -0553
PUBLICATION NO,
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AUTHORIZING THE
SALE OF MUNICIPALLY OWNED REAL PROPERTY
THE CITY OF HUTCHINSON ORDAINS:
Section 1. That the municipally owned real property legally described as follows:
Lot 4, Block 2, Energy Park North Second Edition
for good and valuable consideration is hereby transferred and conveyed to Chips Holding
Company, LLC
Section 2. The City Administrator, Gary D. Plotz, or his designee is authorized to sign
any and all documents on behalf of the City to effectuate the closing of this transaction.
Section 3. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 24`s day of August, 2010.
Steven W. Cook
Mayor
ATTEST:
Gary D. Plotz
City Administrator
(,vb-)1
An Economic DeveJopment Authority
MEMORANDUM
Date: July 30, 2010
To: Honorable Mayor & City Council
From: Miles R. Seppelt,_.
EDA Director
RE: Sale of Land in Industrial Park
The Hutchinson EDA is seeking City Council authorization to sell about 1.95 acres of land on
the east end of the new industrial park to a small company.
Essentially this will be a small warehouse type operation. No EDA assistance is being provided.
This project, while small, will generate some activity in the new industrial park and hopefully
serve as a catalyst for additional development.
The EDA has reviewed this project and is recommending approval.
The details:
Parcel: Lot 4, Block 2, Rearrangement of Energy Park North
Size: 1.95266 acres
Price: $58,579.89
To: Chips Holding Company, LLC
Proceeds from the land sale would go back to the Community Improvement Fund.
I will have a short presentation at the City Council meeting.
In the meantime, if you have any questions or need additional information, please give me a call
at 234 -4223.
Thank you for your time and consideration.
(' ) )i
ORDINANCE NO. 10 -0554
AN INTERIM ORDINANCE ESTABLISHING A TEMPORARY MORATORIUM ON THE CONSTRUCTION
OF FENCES ADJACENT TO TRAILS WITHIN THE CITY OF HUTCHINSON
WHEREAS, Minnesota Statute 462.355, Subd. 4, authorizes a municipality that is considering adopting or
amending official controls to adopt an interim ordinance restricting the construction of fences, walls, landscaping, and
other similar structures within four (4) feet of trails for an initial period not to exceed 6 months; and
WHEREAS, the City of Hutchinson desires to conduct a study and develop an ordinance that regulates fences,
walls, landscaping, and other similar structures within four (4) feet of trails; and
WHEREAS, the City of Hutchinson finds it is in the best long term interest of the City to delay construction of
fences, walls, landscaping, and other similar structures within four (4) feet of trails within the City of Hutchinson
until the official controls are amended; and
WHEREAS, the City of Hutchinson is desirous of adopting an interim ordinance as provided by Minnesota
Statute 462.355, Subd. 4, for the purpose of protecting the planning process and the health, safety and welfare of its
citizens during the preparation and consideration of official controls involving construction of fences , walls,
landscaping, and other similar structures within four (4) feet of trails within the City of Hutchinson;
NOW THEREFORE THE CITY OF HUTCHINSON DOES HEREBY ORDAIN THAT:
The City of Hutchinson adopts an interim ordinance in accordance with Minnesota Statute 462.357
establishing a 6 -month moratorium on the construction of fences , walls, landscaping, and other similar
structures within four (4) feet of trails within the City of Hutchinson under the following terms:
a) The moratorium will apply to all property within the City of Hutchinson.
b) The moratorium does not apply to fence or other approvals previously granted or in effect at the time
of the adoption of this ordinance.
c) This interim ordinance may be terminated or modified by motion of the City Council prior to its
stated expiration date.
Adopted by the City Council this 24th day of August, 2010.
ATTEST:
Mayor Steven W. Cook Gary D. Plotz, City Administrator
(0 (-9,-) D`
MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONSIDERATION OF A 3 LOT PRELIMINARY PLAT OF CROWN ADDITION,
COMPREHENSIVE PLAN AMENDMENT AND REZONING PROPERTY FROM
R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM DENSITY
RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF
GOLF COURSE ROAD REQUESTED BY RANDY ANDERSON, KIDS INC.
APPLICANT: Randy and Mary Anderson, Kids Inc., property owners
Background:
The property owner is requesting a comprehensive plan amendment, preliminary plat and rezoning of
38.8 acres located at 525 Golf Course Road for development of Kids Inc. This facility will be a
children's day care facility with therapy and other related services available on site for persons not
attending day care at Kids Inc.
The property owner is requesting a Comprehensive Plan amendment, as well as rezoning the
property from R -1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD (Mixed
Use District) to accommodate the uses proposed. The preliminary plat will consist of two (2) lots and
an outlot. The day care facility will require a conditional use permit in the MXD district and the MXD
district will accommodate the other professional services available. The final plat, conditional use
permit and site plan review will be on the agenda at a later date.
Additional information is contained in the attached staff report and attachments
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their August 17"'
meeting. There were no neighboring property owners present. After briefly discussing the request,
the Commission unanimously recommended approval with staff recommendations.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
co (�)
RESOLUTION NO. 13773
RESOLUTION APPROVING A COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY
PLAT OF CROWN ADDITION, AND REZONING TO R -2 (MEDIUM DENSITY
RESIDENTIAL) AND MXD (MIXED USE DISTRICT) LOCATED NORTH OF GOLF COURSE
ROAD, REQUESTED BY RANDY ANDERSON.
Whereas, Randy Anderson, property owner, has requested approval of a Comprehensive Plan
Amendment, preliminary plat of Crown Addition, and Rezoning of 24.4 acres to R -2 (Medium Density
Residential) and 10.82 acres to MXD (Mixed Use District with the following legal description:
Legal Description:
The Southeast Quarter of the Northeast Quarter (SE' /4 NEY.) of Section Thirty-six (36), Township One
Hundred Seventeen (117) North of Range (30) West, McLeod County, Minnesota, except the following
described tract: Beginning at the Southwest corner of the SE' /4 of the NE' /4 of said Section 36; running
thence North 28 rods to the center of the Hutchinson and Litchfield Wagon Road as now located; thence
in a southeasterly direction along the center of the Hutchinson and Litchfield Wagon Road 48 rods to the
intersection of said highway with the south boundary line of said SEY4 of NE' /4 of said Section 36;
running thence West along the South boundary line of 46 rods to the place of beginning.
Also that part of the of the Northeast Quarter of the Southeast Quarter (NE' /4 SE' /4) of Section 36,
Township 117 North of Range 30 West, McLeod County, Minnesota, which lies on the north side of the
Hutchinson and Litchfield Public Road as the same is now located, more particularly described as
follows: Beginning at the Northeast corner of the NE %4 of the SE' /4 of said Section 36; running thence
South 22 rods; thence Northwesterly along the center of said road 44 rods to its intersection with the
North line of said NE' /4 of the SE' /4 of said Section 36; thence East 34 rods to the place of beginning.
Whereas, the Planning Commission met on August 17, 2010, and considered the effects of the proposal
on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding area and consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the preliminary plat, Comprehensive Plan amendment and rezoning
subject to the following findings and recommendations being met:
1. Revise the Comprehensive Plan designation on the staging plan from "Traditional Residential
Neighborhood" to "Mixed Use Residential" for Block 2 Lot 1 of the Plat.
2. Future development of the site will require review and approval of a site plan by the Planning
Commission and City Council.
3. Provide written response to the attached City Engineer's Memorandum dated August 10, 2010.
4. Name the streets in accordance with recommendation found in the Staff Report dated July 29,
2010.
5. The rezoning is consistent with the intent of the Comprehensive Plan and Zoning Ordinance.
(note: subject to Comprehensive Plan Amendment also being approved)
Adopted by the City Council this 24'" day of August, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
to CIO) �
PUBLICATION NO.
ORDINANCE NO. 10 -0555
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, TO REZONE PROPERTY AT 525
GOLF COURSE ROAD NW. FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2 (MEDIUM
DENSITY RESIDENTIAL) AND MXD (MIXED USE DISTRICT).
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Section 1. Notice of hearing was duly given and publication of said hearing was duly made and was made to appear
to the satisfaction of the City Council that it would be in the best interest of the City to rezone the property from R-
1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD (MIXED USE DISTRICT).
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Section 2. That the property to be rezoned to R -2 (Medium Density Residential) is described as follows:
Lot 1, Block 1, Crown Addition and Outlot A, Crown Addition
That the property to be rezoned to MXD (Mixed Use District) is described as follows:
Lot 1, Block 2, Crown Addition
Section 3. This ordinance shall take effect from and after passage and publication.
Adopted by the City Council this 14th day of September, 2010.
ATTEST:
Gary D. Plotz, City Administrator
Steven W. Cook, Mayor
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, For August 17, 2010, Planning Commission Meeting
Application: CONSIDERATION OF A 3 LOT PRELIMINARY PLAT OF CROWN
ADDITION, COMPREHENSIVE PLAN AMENDMENT AND REZONING
PROPERTY FROM R -1 (SINGLE FAMILY RESIDENTIAL) TO R -2
(MEDIUM DENSITY RESIDENTIAL) AND MXD (MIXED USE
DISTRICT) LOCATED NORTH OF GOLF COURSE ROAD
REQUESTED BY RANDY ANDERSON, KIDS INC.
Applicant: Randy Anderson, Crown Properties LLC
COMPREHENSIVE PLAN AMENDMENT, PRELIMINARY PLAT AND REZONING:
The property owner is requesting a comprehensive plan amendment, preliminary plat and
rezoning of 38.8 acres located at 525 Golf Course Road for development of Kids Inc. This
facility will be a children's day care facility with therapy and other related services available on
site for persons not attending day care at Kids Inc.
The property owner is requesting a Comprehensive Plan amendment, as well as rezoning the
property from R -1 (Single Family Residential) to R -2 (Medium Density Residential) and MXD
(Mixed Use District) to accommodate the uses proposed. The preliminary plat will consist of
two (2) lots and an outlot. The day care facility will require a conditional use permit in the MXD
district and the MXD district will accommodate the other professional services available. The
final plat, conditional use permit and site plan review will be on the agenda at a later date.
l,( V--,)'
Preliminary Plat and Rezoning
Crown Addition
Planning Commission — 8-17 -10
Page 2
GENERAL INFORMATION
Existing Zoning: R -1 (Single Family Residential
Property Location: 525 Golf Course Rd N.W.
Lot Size: 38.8 acres
Existing Land Use: Vacant
Adjacent Land Use:
And Zoning: R -2 (Medium Density Residential) and R -3PD (Medium — High
Density Residential Planned Development)
Comprehensive
Land Use Plan: Traditional Residential Neighborhood
Zoning History: Currently Zoned R -1
Applicable
Regulations: Section 153.36 and Section 154.168, City Code
Analysis and
Recommendations:
Comprehensive Plan Amendment
Crown Properties is also requesting a Comprehensive Plan amendment to allow for onsite
professional services such as therapy or counseling to persons not necessarily attending the
daycare. The Comprehensive Plan identifies the land use designation as Traditional
Neighborhood Residential which allows 3 -5 residential units per acre. The requested change is
to consider a change to Mixed Use (MXD) designation, which would allow professional services
such as therapy or counseling. The subject property is identified below
Level of City Discretion in Amending the Comprehensive Plan
The City has a high level of discretion in approving amendments to the Comprehensive Plan.
The land use guide plan and staging plans are major elements of the City's Comprehensive Plan.
The plans are the long -range planning tools that indicate what type of development should occur
on all land within the City and identifies future development and growth. The Council may
guide property as it finds necessary to protect and promote the general health, safety and welfare
of the community. Additionally, the Plan may be amended to reflect changes to development
patterns and to meet City's goals. In this case, amending the plan would allow greater flexibility
of use.
(p Ct,) 1
Preliminary Plat and Rezoning
Crown Addition
Planning Commission — 8 -17 -10
Page 3
The Comprehensive Plan amendment is an important step in allowing the development to move
forward. Rezoning and platting must be consistent with the City's Comprehensive Plan.
Comprehensive Plan Maps
The Comprehensive Plan guides this property as Traditional Neighborhood Residential and the
Staging Plan indicates development between 2000 and 2010.
Analysis:
In reviewing Comprehensive Plan amendments, the City should consider the broader impact on
community needs and systems, such as the transportation system, the sewer and water system,
water quality, community needs, parks, land supply and demand, and the fiscal impact on the
City. Staff is supportive of the requested amendment and finds that the proposed use would be
compatible with community infrastructure and systems. Utilities are adjacent to the site and
would be adequate for the proposed uses. The transportation system would be adequate for the
proposed uses. Additional review will be needed on the layout of the roadways internal to the
potential developments and the connections to the public streets and trails.
Preliminary Plat
Lot Arrangement:
The proposed Crown Addition preliminary plat contains two (2) blocks and an outlot. Each
block contains one (1) lot. The size of Block 1, Lot 1 is 4.21 acres and the size of Block 2, Lot 1
is 10.82 acres, and Outlot is 20.19 acres. A site plan review by the Planning Commission and
City Council will be required before the building permit will be issued for future construction on
the site.
Streets and Access:
The proposed development will have access off of Montana St. NW, as well as off of Minnesota
St. NW. Neither of these roads are currently constructed and will have to be built to provide
access. Lot 1, Block 1 could be accessed off of Golf Course Rd. NW or the future Montana St.
NW extension. Please see the attached marked up maps for the future street names. Minnesota
St. NW will continue to the north into this site. In addition, the east/west road to the north of
Minnesota St. NW should be named 90' Avenue, NW. The road that goes north where the
Minnesota St. NW extension bends to the east should be named Massachusetts St. NW and the
Cul -de -sac south and west of Massachusetts St. NW should be called Massachusetts Ct. NW.
(See attached map).
Stormwater Management, Utilities, and Easements
The preliminary grading and stormwater management plans have been reviewed by the City
Engineer and revisions are being made as required. (Please see attached Memo). Minor
revisions will be made prior to construction with final approval subject to the City Engineer.
Rezoning
Crown Properties is requesting rezoning of 38.8 acres located at 525 Golf Course Rd. NW for
development of a Kids Inc. Daycare facility, as well as professional services, such as therapy and
6 007
Preliminary Plat and Rezoning
Crown Addition
Planning Commission — 8 -17 -10
Page 4
counseling in the same building. Currently the property is zoned R -1. The applicant proposes
rezoning the property into two categories: R -2 and Mixed Use (MXD). Block 1, Lot 1 and
Outlot A are proposed to be rezoned to R -2, while Block 2, Lot 1 is proposed to be rezoned to
Mixed Use (MXD). Please see attached map for the exact locations of the rezoning request.
Rezoning the property to Mixed Use (MXD) would comply with the proposed comprehensive
plan amendment.
In considering the rezoning request, the Planning Commission should consider the purpose of the
Zoning Ordinance and the Comprehensive Plan. The property is proposed to be guided for
Mixed Use in the Comprehensive Plan. The purpose of the Mixed Use (MXD) district is to:
"provide areas that allow a mix of compatible uses, such as commercial, retail, office, and
entertainment, with residential uses in locations with nearby amenities for pedestrians. Mixed
use areas shall be in conformance with the city's Comprehensive Plan and reserved for
properties that have safe access for pedestrians to sidewalks, trails, parks and natural resources
and are free from objectionable uses or hazards to pedestrians. This district does not allow any
uses that conflict with residential uses, such as industrial, warehousing, storage, or uses with
heavy truck traffic or outdoor storage ".
Staff reviewed the rezoning request at the Planning staff meeting on July 26, 2010 and
recommended rezoning the property from R -I to R -2 and MXD as noted on the attached map if
the Comprehensive Plan amendment is approved as well.
Recommendation
Staff recommends approval of the Comprehensive Plan amendment, preliminary plat, and
rezoning with the following findings and recommendations.
1. Revise the Comprehensive Plan designation on the staging plan from "Traditional
Residential Neighborhood" to "Mixed Use Residential" for Block 2 Lot 1 of the Plat.
2. Future development of the site will require review and approval of a site plan by the Planning
Commission and City Council.
3. Provide written response to the attached City Engineer's Memorandum dated August 10, 2010.
4. Name the streets in accordance with attached map and names listed above in the Preliminary Plat
section.
5. The rezoning is consistent with the intent of the Comprehensive Plan and Zoning
Ordinance. (note: subject to Comprehensive Plan Amendment also being approved
Preliminary Plat and Rezoning
Crown Addition
Planning Commission — 8 -17 -10
Page 5
ATTACHMENT
TO: Planning/Zoning/Building Department
FROM: Kent Exner, City Engineer
RE: KIDS, Inc. Plan Review
DATE:August 10, 2010
Per my review of the KIDS, Inc. Preliminary Grading Plan and Preliminary Utility Layout dated
July 20, 2010, I have the following comments, questions and/or requested revisions:
Roadway Grading/Configuration
1. Show location of proposed driveway opening beyond north end of Montana St.
roundabout taper /painted median.
2. Show al0' -wide trail along the westerly side of Montana St. up to northerly limits of the
plat.
3. Maintain minimum longitudinal street grades of 0.50 %.
Drainage & Storm Sewer
1. Provide verification of wetland delineation approval and the acceptance of a wetland
mitigation plan.
2. Identify wetlands being protected and proposed mitigation areas.
3. Verify that wooded/brush area within the extreme southwesterly corner of the plat is not
considered to be a wetland and that routing of a storm sewer through that area can be
accomplished.
4. Relocate STMH and install catch basins immediately north of proposed access points
(westerly and easterly sides) along Montana St. due to long curb drainage length.
5. Configure Montana St. storm sewer to accommodate the proposed first construction stage
(temporary outlet pipe may be feasible).
6. Utilize reinforced concrete pipe for all facilities within City right -of -ways.
7. Dedicate sufficient Drainage & Utility Easement area to accommodate a 10' -wide
maintenance bench/access around all ponds (above grade break).
('
Preliminary Plat and Rezoning
Crown Addition
Planning Commission — 8 -17 -10
Page 6
8. Dedicate 20' -wide Drainage & Utility Easement along side yard storm sewer within
northerly area of the plat.
9. Combine roadway storm sewer and pond connection into one inlet entering the westerly
pond.
10. Install catch basins at the north end of Montana St. at the northerly plat limits.
11. Clarify the statement within the Storm Water Management Plan of `The amount of
bounce in the pond was restricted to prevent the inundation of the proposed roadways'.
12. Ensure that 1.5' of freeboard protection is provided for all structures and roadways
adjacent to the proposed ponds. Thus, confirm that the west pond is appropriately sized
and graded to protect Golf Course Road (nearby street low point CB top -of- casting
elevations of 1073.67.
Water & Sanitary Sewer Utilities
1. State that existing watermains are being connected to at the Montana St. and Minnesota
St. intersections.
2. Proposed SAMH immediately north of the roundabout appears to have an incorrect invert
elevation.
3. Relocate middle fire hydrant along Montana St. to proposed access location and adjust
hydrants to the north along Montana St. accordingly to achieve 400' maximum spacing
(potentially add a hydrant at the side street intersection).
4. Note that the water main installations will be PVC pipe.
5. Extend 8" watermain to the north limits of the plat within Montana St.
6. Extend the 12" watermain and 18" sanitary sewer to the north limits of the plat with
Minnesota St. and note their respective sizes at that location. Also, stat the proposed
sanitary sewer stub invert elevation in this location.
If there are any questions or concerns regarding the above information, please let me know.
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MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF ENERGY PARK
NORTH SECOND ADDITION (A REPLAT OF ENERGY PARK NORTH)
SUBMITTED BY HUTCHINSON ECONOMIC DEVELOPMENT
APPLICANT: Hutchinson EDA, property owner
Background:
The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4 outlots
to be known as Energy Park North Second Addition. The purpose of the re -plat is to split one large
lot into two smaller ones, with one of those being proposed for the CHIPS Holdings project. In
addition, when the property was originally platted several lots encompassed portions of stormwater
ponds. The re -plat includes the stormwater ponds as outlots rather than a portion of regular lots.
Please refer to the two attached staff reports, one from March 11, 2009 which is for the original
preliminary plat from this property and the other from May 12, 2009 for the final plat. The information
in these reports is helpful to understand the previous platting.
Additional information is contained in the attached staff report and attachments.
Planning Commission Meetin
The Planning Commission held a public hearing and considered the request at their August 17`"
meeting. There were no neighboring property owners present. After briefly discussing the request,
the Commission unanimously recommended approval with staff recommendations adding 4 previous
recommendations to the resolution.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
C, Df�)a.
RESOLUTION NO. 13774
RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT OF ENERGY PARK
NORTH SECOND ADDITION LOCATED AT THE EAST END OF INDUSTRIAL BLVD.,
SOUTH OF LUCE LINE TRAIL, AND NORTH OF WARRIOR MANUFACTURING
Whereas, the Hutchinson Economic Development Authority, property owner, has submitted a preliminary
and final plat of Energy Park North Second Addition with the following legal description:
Legal Description: Lot 1, Block 1; Lot 1, Lot 2 and Lot 3, Block 2 and Lot 2 and Lot 3, Block 3 all in
Energy Park North, according to the recorded plat thereof.
Whereas, the Planning Commission considered the request at their August 17, 2010, meeting and
considered the requirements of the Subdivision and Zoning Ordinances, and the effects of the proposal on
the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic
conditions, and the effect on values of properties in the surrounding area and consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the final plat, subject to the following findings and conditions:
1. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval.
2. A turnaround for emergency access shall be constructed at the end of the east -west road,
Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5" Avenue
SE.
3. No access will be allowed from the residential properties to the northwest to the subject property.
4. No road crossing shall be constructed over the Luce Line trail on the north side of the property.
5. Significant buffering is required on the Northwest comer of the development abutting residential
properties.
Adopted by the City Council this 24" day of August, 2010.
ATTEST:
Gary D. Plotz Steven W. Cook
City Administrator Mayor
(,a (b 2,
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting
Application: CONSIDERATION OF A PRELIMINARY AND FINAL PLAT OF
ENERGY PARK NORTH SECOND ADDITION (A REPLAT OF ENERGY
PARK NORTH) SUBMITTED BY HUTCHINSON ECONOMIC
DEVELOPMENT
Applicant: Hutchinson Economic Development Authority, property owner
PRELIMINARY AND FINAL PLAT
The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4
outlots to be known as Energy Park North Second Addition.
Preliminary and Final Plat
Energy Park North Second Addition
Planning Commission— 8 -17 -10
Page 2
Existing Zoning:
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
Analysis
:1 D191 3'1_7:1a 1el Will Ciu EvIrce3,i
I -1 (Light Industrial Park)
Energy Park North Plat
1711
Vacant
I -1 (Light Industrial Park), R -2 (Medium Family Residential) and
GT (Gateway)
Business Park
R -1 when annexed per City Ordinance. Rezoned to I -1.
Section 153.36 and Section 153.50, City Code
The EDA is requesting a re -plat of Energy Park North. They have submitted a 7 lot plat with 4
outlots to be known as Energy Park North Second Addition.
The purpose of the re -plat is to split one large lot into two smaller ones, with one of those being
proposed for the CHIPS Holdings project. In addition, when the property was originally platted
several lots encompassed portions of stormwater ponds. The re -plat includes the stormwater
ponds as outlots rather than a portion of regular lots.
Please refer to the two attached staff reports, one from March 11, 2009 which is for the original
preliminary plat from this property and the other from May 12, 2009 for the final plat. The
information in these reports is helpful to understand the previous platting.
Recommendation
Staff recommends approval of the preliminary and final plat with the following findings and
conditions:
Preliminary and Final Plat
Energy Park North Second Addition
Planning Commission— 5 -17 -10
Page 3
The findings and conditions from the original Energy Park North Preliminary and Final
Plat carry forward and are attached the Energy Park North Second Addition Preliminary
and Final Plat.
The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval.
2.
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reich], Jean Ward,
Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle Dimler, Kent
Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plotz, Jeremy Carter, Jim
Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and Bonnie Baumetz (Persons in
attendance at Planning Staff Meeting (in bold)
Date: March 11, 2009, for March 17, 2009, Planning Commission Meeting
Application: PRELIMINARY PLAT OF ENERGY PARK NORTH AND A REZONING FROM R -1
(SINGLE FAMILY RESIDENTIAL) TO I -1 (LIGHT INDUSTRIAL PARK), FOR THE
HACKBARTH PROPERTY, LOCATED AT THE EAST END OF INDUSTRIAL BLVD.,
SOUTH OF LUCE LINE TRAIL AND NORTH OF WARRIOR MANUFACTURING
Applicant: Hutchinson EDA and Marvin Hackbarth
REZONING AND PRELIMINARY PLAT
The Hutchinson EDA and the Hackbarths are requesting a rezoning and preliminary plat for development
of an industrial park. The annexation was approved by the City Council on March 10`h and is scheduled
to be approved for annexation by the Municipal Boundary Adjustments on March 19`h. Annexed
property is automatically zoned R -1, per the Zoning Ordinance, until a rezoning is approved. A rezoning
from R -1 to I -1 (Light Industrial Park) is required to plat and develop the property as an industrial park.
The proposed preliminary plat of Energy Park North is for 8 lots to be developed on a new public road
with utilities extended from Industrial Blvd. Six of the lots range from 7 acres to 13.5 acres. There are
also two smaller lots (1.72 and 3.09 acres) are planned to be incorporated into adjacent property because
of issues with the gas line bisecting the lots (refer to plat section for details).
(' L' -")
Preliminary plat and Rezoning to 1 -1
Energy Park North - Hutchinson EDA
Planning Commission 3/17/09
Page 2
GENERAL INFORMATION
Existing Zoning: R -1 (Single Family Residential) upon annexation
Property Location: North of Warrior Manufacturing and South of the Luce Line Trail
Lot Size: 68 Acres
Existing Land Use: Agriculture
Adjacent Land Use
And Zoning: The properties to the north are a mix of commerciallindustrial uses outside of
city limits. Residential properties within city limit are to the northwest. The
property is bordered by agricultural uses to the east and Industrial to the west
and south.
Comprehensive Land Use Plan: Industrial
Zoning History_ The City Council approved the first reading of the ordinance for annexation at
the February 24, 2009, meeting. The second reading of the ordinance is
scheduled for March 10, 2009. Approval of the State Municipal Boundary
Adjustments Board is scheduled for their meeting on March 19, 2009.
Applicable Regulations: Section 154.168, City Code
ANALYSIS:
Rezoning
A rezoning from R -1 to I -1 (Light Industrial Park) is required to plat and develop the property
for an industrial park. In considering a rezoning request, the Planning Commission should review the
proposed rezoning for consistency with the Comprehensive Plan and the purpose of the Zoning
Ordinance. The Comprehensive Plan identifies the property as guided for industrial use, which would be
consistent with the proposed rezoning to I -1. Uses could include manufacturing, warehousing, assembly,
and other businesses that provide goods and services, but not directly to the public.
The purpose of the I -1 district is to: "create industrial areas that will be acceptable within the city and
will not adversely affect adjacent business or residential neighborhoods. Industrial establishments should
be either: 1. Those whose operations are relatively free from objectionable influences; or 2. Those whose
objectionable features will be obviated by design or appropriated devices. "
As the property to the northwest is residential, sensitivity to the neighbors should be accommodated in the
development planning. Staff notes that there will be a need to provide a visual and sound buffer from the
residential neighborhood on the northwest of the property to minimize land use conflicts between
industrial uses and the homes
Preliminary Plat
Lot Arrangement:
The proposed Energy Park North preliminary plat contains 8 lots. The plat includes 6 large lots ranging
from 7 acres to 13.5 acres. Two other lots are smaller due to the location of the high pressure natural gas
line which is a 50 -foot wide easement area. Lot 1, Block 1 is a 3.09 acre lot east of the Hutchinson l�� 1
Preliminary plat and Rezoning to t -t
Energy Park North - Hutchinson EDA
Planning Commission 3/17109
Page 3
Utilities property that is bisected by the gas line. As no building can be built over the gas line easement,
development on this lot could be limited and may be better utilized by the adjacent properties. Outlot A is
a 1.72 acre parcel between the gas line and Warrior Manufacturing's pond that is planned to be sold to
Warrior Manufacturing and replatted into their property. The proposed lots would comply with the lot
area, width, and depth standards in the I -1 district, with the exception of Outlot A, which will be replatted
into the Warrior Manufacturing lot in separate action.
Streets and Access:
The proposed development has access to the property through the extension of Industrial
Boulevard and a new road, Energy Park Drive, that will connect to 5`h Ave. S.E. along the west
property line of Warrior Manufacturing. The proposed roadway design would be consistent
with the transportation plan in the Comprehensive Plan, which identifies the extension of
Industrial Blvd. and a fixture roadway looped to 5`h Avenue.
The proposed Energy Park Drive connection to 5`h Avenue would be located half on the west
side of Warrior Manufacturing's property and half on McLeod County's property, which is
outside of city limits (refer to attached plans). This section of proposed Energy Park Drive is
outside the boundaries of the plat. The right of way will need to be platted after annexation of
the McLeod County's property, with the consent of the two adjacent property owners. The City
has recently received a petition for annexation for the County property and is moving forward
with the public notices required for annexation.
Staff recommends several conditions regarding streets that have been added to the draft
resolution. One revision is to identify the street name as Energy Park Drive W. on the final plat.
After the property to the east is annexed, the easterly extension of Energy Park Drive should be
named Energy Park Drive E. This would allow the two Energy Park Drive intersections on 5`h
Avenue to be differentiated. A turnaround is also required to be constructed at the end of
Energy Park Drive for emergency services access. The tumaround shall be maintained until
extension of the Energy Park Drive E. is connected to 5h Avenue SE.
Stormwater Management, Utilities, and Easements
The preliminary grading and stormwater management plans have been reviewed by the City
Engineer and revisions have been made as required. Minor revisions will be made prior to
construction with final approval subject to the City Engineer. Soil borings are required as the
project moves forward. Although the development is planned with a regional pond concept,
additional ponding may be required upon individual sites as for higher coverage.
Water and sewer would be extended to the property from Industrial Boulevard. There are
overhead and underground electric lines along the west side of the subject property. The
overhead transmission lines cannot be moved or relocated. The buried lines currently serve the
existing industrial area and are able to serve the new Energy Park and future development to the
east. There is a transmission line running east and west on the DNR State Trail property to the
north. The trail, drainage, and utility easement along the easterly lot lines of the plat is the
location planned for trunk sewer and water mains that would serve the Hwy 7 & 22 area in the
future.
Preliminary plat and Rezoning to 1-1
Energy Park North - Hutchinson EDA
Planning Commission 3117/09
Page 4
Recommendation:
Staff recommends approval of the rezoning to I -1 and preliminary plat with the following
findings and conditions.
i . Approval of the rezoning and preliminary plat is contingent upon approval of the
annexation by the State of MN Office of Municipal Boundary Adjustments.
2. The rezoning to I -1 (Light Industrial Park) would be consistent with the Comprehensive
Plan and the intent of the I -1 zoning district in the Zoning Ordinance.
3. A turnaround for emergency access shall be constructed at the end of Energy Park Drive.
The turnaround shall be maintained until the road is connected to 5h Avenue SE.
4. Outlot A shall be replatted into adjacent property and shall not remain as a separate
parcel.
5. The final plat shall identify the street name as Energy Park Drive W. The extension of
the road to the east will be named Energy Park Drive E.
6. The street right of way for the extension of Energy Park Drive W. to 5`s Avenue shall be
platted after annexation of the County property west of Warrior Manufacturing.
7. No access will be allowed from the residential properties to the northwest to the subject
property.
8. No road crossing shall be constructed over the Luce Line trail on the north side of the
property.
9. Soil borings shall be completed as the project moves forward to determine roadway
section.
10. Final utility, grading, and stormwater management plans are subject to approval of the
City Engineer.
H. Significant buffering is required on the Northwest corner of the development abutting
residential properties.
12. Revisions to the plat noted by McLeod County are required, including: a) the final plat
shall be on one page or match line drawn if plat is on two pages. b) The East Half of the
Northwest Quarter is now known as Lot 7, AP W % Sec 5- 116 -29 shall be noted as such
in the underlying description. c) the owners names and signatures on the plat shall be as
required by McLeod County.
cc: Miles Seppelt, EDA
John Rodeberg, SEH
(or ��
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Melissa Reichl, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Rebecca Bowers and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: May 12, 2009, for May 19, 2009, Planning Commission Meeting
Application: FINAL PLAT OF ENERGY PARK NORTH LOCATED AT THE EAST
END OF INDUSTRIAL BLVD., SOUTH OF LUCE LINE TRAIL, AND
NORTH OF WARRIOR MANUFACTURING
Applicant: Hutchinson Economic Development Authority
FINAL PLAT
The Hutchinson EDA is requesting approval of a final plat for development of an industrial park.
The City has approved the annexation, the rezoning to I -1, and the preliminary plat. The
proposed Energy Park North final plat is consistent with the approved preliminary plat and
contains 8 lots. The City is developing the industrial park with the construction of infrastructure
anticipated to begin in early summer.
Final Plat — Energy Park North
Hutchinson EDA
Planning Commission — May 19, 2009
Page 2
GENERAL INFORMATION
Existing Zoning: I -1 (Light Industrial)
Property Location: North of Warrior Manufacturing and South of the Luce Line Trail
Lot Size: 68 Acres
Existing Land Use: Agriculture
Adjacent Land Use
And Zoning: The properties to the north are a mix of commercial /industrial uses outside
of city limits. Residential properties within city limits are to the
northwest. The property is bordered by agricultural uses to the east and
Industrial to the west and south.
Comprehensive Land Use Plan: Industrial
Zoning History: The property was annexed on March 19, 2009. The preliminary plat was
approved by the City Council on March 24, 2009, and the rezoning was
approved on April 14, 2009.
Applicable Regulations: Section 153.50, City Code
Analysis and
Recommendation:
Final Plat
The proposed Energy Park North final plat is consistent with the approved preliminary plat and
contains 8 lots. 6 lots range from 7 acres to 13.5 acres. Two other lots are smaller due to the
location of the high pressure natural gas line which is a 50 -foot wide easement area. Lot 1,
Block 1 is a 3.09 acre lot east of the Hutchinson Utilities property that is bisected by the gas line.
Outlot A is a 1.72 acre parcel between the gas line and Warrior Manufacturing's pond that is
planned to be sold to Warrior Manufacturing and replatted into their property. The proposed lots
would comply with the lot area, width, and depth standards in the I -1 district, with the exception
of Outlot A, which will be replatted into the Warrior lot in separate action.
Streets and Access
The proposed development has access to the property through the extension of Industrial
Boulevard to a new east/west road to be named Benjamin Avenue and a new north/south road,
Hackbarth Street, which would connect to 5'h Ave. S.E. along the west property line of Warrior
Manufacturing. The proposed roadway design would be consistent with the transportation plan
in the Comprehensive Plan, which identifies a future roadway looped to 5`h Avenue. A
turnaround is also required to be constructed at the end of Benjamin Avenue for emergency
services access. The turnaround shall be maintained until extension of Benjamin Avenue is
connected to 5`h Avenue SE.
Final Plat — Energy Park North
Hutchinson EDA
Planning Commission — May 19, 2009
Page 3
The street names were approved by the City Council on March 24`h along with the preliminary
plat. The proposed Hackbarth Street connection to 5`h Avenue would be located half on the west
side of Warrior Manufacturing's property and half on McLeod County's property, which is in the
process of being annexed into the City. The City has recently received the application for the
platting of the road right of way to connect to 5`h Avenue S.E., which is scheduled for
consideration at the June Planning Commission meeting.
Stormwater Management, Utilities, and Easements
The grading and stormwater management plans have been approved by the City Engineer and
revisions have been made as required by the preliminary plat conditions. The soil borings have
also been completed. Although the development is planned with a regional pond concept,
additional ponding may be required upon individual sites as for higher coverage.
Water and sewer will be extended to the property from Industrial Boulevard. The trail, drainage,
and utility easement along the easterly lot lines of the plat is the location planned for trunk sewer
and water mains that would serve the Hwy 7 & 22 area in the future.
Recommendation:
Staff recommends approval of the final plat with the following findings and conditions.
1. A turnaround for emergency access shall be constructed at the end of the east -west road,
Benjamin Avenue. The turnaround shall be maintained until the road is connected to 5`h
Avenue SE.
2. Outlot A shall be replatted into adjacent property and shall not remain as a separate parcel.
3. The street right of way for the extension of Hackbarth Street to 5`h Avenue shall be platted
after annexation of the County property west of Warrior Manufacturing.
4. No access will be allowed from the residential properties to the northwest to the subject
property.
5. No road crossing shall be constructed over the Luce Line trail on the north side of the
property.
6. Utility, grading, and stormwater management plans are subject to approval of the City
Engineer.
7. Significant buffering is required on the Northwest comer of the development abutting
residential properties.
Cc: Justin Black, SEH
Miles Seppelt, EDA Director
76b�D _-1
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MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL USE
PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD TO RAMP
BETWEEN THE RELOCATED LIFE LINK III BUILDING AND THE NEW
HANGER AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT
PROPERTY
APPLICANT: City of Hutchinson, property owner
Background:
Public Works Manager, John Olson, submitted an amended conditional use permit application with a
revised drawing indicating the location of a paved driveway from the access road to the ramp
between the relocated Life Link III building and the new hangar. The pavement will be 24 feet wide.
There will be 8.5 feet on each side of the pavement to the buildings. A conditional use permit was
approved April 271° to relocate the Life Link Trailer. The reason the driveway is being moved is to
accommodate the re- location of the Life Link Trailer which will be on top of the where the existing
driveway is located.
Additional information is contained in the attached staff report and attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their August 170
meeting. There were no neighboring property owners present. After briefly discussing the request,
the Commission unanimously recommended approval with staff recommendations.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
ub)--t�
RESOLUTION NO. 13775
RESOLUTION APPROVING AN AMENDED CONDITIONAL USE PERMIT TO HAVE A PAVED
DRIVEWAY FROM ACCESS ROAD TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING
AND THE NEW HANGAR AT 1732 BUTLER FIELD DR. S.W., HUTCHINSON AIRPORT PROPERTY
Whereas, the City of Hutchinson, property owner, is requesting an amended conditional use permit to have a paved
driveway from access road to ramp between the relocated Life Link III building and the new hangar at the Hutchinson
Airport with the following legal description:
Legal Description:
Part of the Northeast Quarter (NE Y4 ) of Southeast Quarter (SE 1/4 ) of Section 13, Township 116 North, Range 30 West,
McLeod County, Minnesota, and more particularly described as follows: Beginning at point on the North line of said
Northeast Quarter (NE '/4 ) of Southeast Quarter (SE ''/4), and point being the intersection of the Westerly 75' foot right -of-
way line of Minnesota State Trunk Highway No. 15 with said North line of Northeast Quarter (NE 1/4) of Southeast
Quarter (SE '/4), thence Westerly along said North line of Northeast Quarter (NE '/4) of Southeast Quarter (SE '/4 ) a
distance of 1259.80 feet; thence deflect left at an angle of 117 degrees 22 minutes a distance of 743.17 feet; thence deflect
left at an angle of 62 degrees 38 minutes and along a line parallel with the North line of said Northeast Quarter (NE '/4 ) of
Southeast Quarter (SE '/4 ) a distance of 915.20 feet to the said Westerly 75 foot R.O.W. line of T.H. 15; thence Northerly
along said R.O.W. 660.00 feet to the point of beginning. Tract contains 16.50 acres more or less.
Whereas, the Planning Commission met on August 17, 2010, and held a public hearing on the request and considered the
effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and
anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the
Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby does
recommend approval of the conditional use permit, subject to the following finding:
1. The standards for granting a conditional use permit are met.
2. The conditions of the original conditional use permit are met.
3. No parking is allowed on or next to the driveway in question.
4. Parking for the Life Link Trailer shall be located behind the hangars.
Adopted by the City Council this 24s' day of August, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
�)3
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting
Application: CONSIDERATION OF AMENDMENT TO EXISTING CONDITIONAL
USE PERMIT TO SHOW PAVED DRIVEWAY FROM ACCESS ROAD
TO RAMP BETWEEN THE RELOCATED LIFE LINK III BUILDING
AND THE NEW HANGER AT 1732 BUTLER FIELD DR. S.W.,
HUTCHINSON AIRPORT PROPERTY
Applicant: City of Hutchinson, property owner
CONDITIONAL USE PERMIT
Public Works Manager, John Olson, submitted an amended conditional use permit application
with a revised drawing indicating the location of a paved driveway from the access road to the
ramp between the relocated Life Link III building and the new hangar. The pavement will be 24
feet wide. There will be 8.5 feet on each side of the pavement to the buildings. A conditional
use permit was approved April 27h to relocate the Life Link Trailer.
UC�)3
Conditional Use Permit
Airport Life Link drive area
Planning Commission— 8 -17 -10
Page 2
Existing Zoning:
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
Analysis and
Recommendations:
GENERAL INFORMATION
I/C (Industrial Commercial)
1700 Butler Field Dr. S.W.
n/a
Airport
C -4 (Fringe Commercial), R -1 (Single Family Residential) and Out of City
Limits
Public
A conditional use permit was approved in 2005 to allow for a private airport
related company (Life Link) to place a temporary trailer on airport property.
Section 154.066 and Section 154.170
Public Works Manager, John Olson, submitted an amended conditional use permit application
with a revised drawing indicating the location of a paved driveway from the access road to the
ramp between the relocated Life Link III building and the new hangar. The pavement will be 24
feet wide. There will be 8.5 feet on each side of the pavement to the buildings. A conditional
use permit was approved April 27`h to relocate the Life Link Trailer.
The reason the driveway is being moved is to accommodate the re- location of the Life Link
Trailer which will be on top of the where the existing driveway is located.
Staff would like to know where parking will be located for occupants of the Life Link Trailer. In
addition, staff recommends there be no parking on either side of the driveway due to its width.
Staff recommendations the parking area behind the hangars be utilized to the greatest extent
possible to eliminate any vehicle congestion near the Civil Air Patrol or Life Link Trailer, as
well as the hangar area.
The following Zoning information is relevant:
The airport is located in the I/C zoning district. The purpose of the I/C district in Section
1 54.066 states:
L('.b)3
Conditional Use Permit
Airport Life Link drive area
Planning Commission— 8 -17 -10
Page 3
§ 154.066 UC, INDUSTRMLICOMMERCM DISTRICT.
(A) Purpose. It is the purpose of the 1/C district to allow for development of areas
where there is a transition in use occurring, but sites are not available which would
allow for compliance with other district requirements. Industrial or commercial
development will be allowed only as a conditional permitted use to:
(1) Ease land use transition;
(2) Control development so that it is compatible with surrounding property; and
(3) Establish dimensional requirements on an individual basis.
(B) Permitted uses.
(1) There are no permitted principal uses in the UC district.
The following are standards for granting a conditional use permit:
(a) The proposed building or use at the particular location requested is necessary or
desirable to provide a service or a facility which is in the interest of the public
convenience and will contribute to the general welfare of the neighborhood or
community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility
facilities and other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit
the development and use of neighboring property in accordance with the applicable
district regulations.
Staff recommends approval of the amended conditional use permit with the following conditions:
1. The standards for granting a conditional use permit are met.
2. The conditions of the original conditional use permit are met.
3. No parking is allowed on or next to the driveway in question.
4. Parking for the Life Link Trailer shall be located behind the hangars.
cP(1)3
MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 54 —
STORMWATER MANAGEMENT; SECTION 54.02, DEFINITIONS
Background:
The Definition of Impervious Surface is being amended in the Stormwater Ordinance to be consistent
with the definition in the Shoreland Ordinance, as well as the Zoning Ordinance.
Additional information is contained in the attached staff report and attachments.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the request at their August 17'
meeting. There was no one from the public present objecting to the request. There is a letter
attached from DNR Hydrologist, Rob Collett stating his views and concerns. After briefly discussing
the request, the Commission unanimously recommended approval as written.
Recommendation:
The Planning Commission recommended approval of the request and the attached ordinance.
�GID')�
PUBLICATION NO.
ORDINANCE NO. 10 -0556
AN ORDINANCE AMENDING CITY CODE CHAPTER 54 — STORMWATER
MANAGEMENT; SECTION 54.02, DEFINITIONS
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS:
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the
satisfaction of the City Council that it would be in the best interests of the City to amend the City Code,
Chapter 54, Stormwater Management; Section 54.02, definition of impervious surface:
STORM WATER MANAGEMENT
§ 54.02 DEFINITIONS.
Impervious Surface: The portion of the buildable parcel which has a covering which does not permit
water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at
an increased rate of flow than existed prior to development. Impervious surface shall include, but not be
limited to, buildings all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and
basketball courts, covered decks, porches, and other structures. Open, uncovered decks are not considered
impervious for the purposes of this ordinance if they have a pervious surface underneath and have at least
1/8 inch spacing between the deck floor boards. Eaves and overhangs are not calculated as impervious
surface. The use of patio blocks, paver bricks or gravel material, as well as plastic landscape fabric are
considered impervious surfaces as a majority of water runs -off the surface rather than being absorbed into
natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement
systems engineered to be permeable with the underlying soils suitable for infiltration.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and
publication.
Adopted by the City Council this 14th day of September, 2010.
Attest:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
L'6:�>) q
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting
RE: Consideration of Amendment to City Code Chapter 54 — Stormwater
Management; Section 54.02, Definitions
STORMWATER ORDINANCE AMENDMENTS
The Definition of Impervious Surface is being amended in the Stormwater Ordinance to be
consistent with the definition in the Shoreland Ordinance, as well as the Zoning Ordinance.
Analysis and
Recommendation:
Staff reviewed the proposed ordinance at the July 29, 2010 planning staff meeting. Staff is very
supportive of the proposed ordinance and recommends approval. The Planning Commission
should provide feedback on the ordinance and consider public hearing comments in their
recommendation to the City Council.
Lcj��)LA
Hug 17 10 03115p Margie Robinson
Atipsl 16, 2010
Dan Jocllum
I lulcllinsnn Planning & Zoning
I I I I h still Street Sll
lutchimsou, MN 55350
320 234 2555 p.l
Minnesota Department of Natural Resources
2096IIICHWAV 7, I111'1'CHINSQN MN 95;50
(120) 214 -2550 s2
mhert.cOI,IC t milslntC.nul.us
RF: Ordio me('11angmCityol'Ilutchinson.
bear Mr. Joehuum,
Thank you file meeting with me last week um discuss your pnmpoaed shorelund ordinance changes,
While we have Iwcmm gearing up for eh:umges to the slalewidc nlinimmil shorulmid sumdards. updates are nol imminent,
'I 'ho drift rules have been developed over the past lcw ycar.N widt mnprc"dcnlcd involvement from various slakchol&r
groups inchmlilly. developers. lakcshorc owners, inleresl grumps, and county Ciotti city stalls. 1 appreciate the litd that the
Pity ml' Iluluhimstill ha, included some ol'the language from the draft odes. 'Phe draft rules arc sound; developed with
hoth people and science ill mind.
Several dillbrem :Irons of the drall shorclmmd rules were,, wrioun No commumilic% with greater enpacily could include more
Ilusihilily, '1 -ItiN i% especially important fix• Clmumumilie9 with many oNisling dev001MICnls with only lugs at or near the
25 6/6 imporviou% limit - like I lutchinsun. I lowever. 1 think your droll urdimmice Nets the bar fairly low for porlim iuncc
sl:mJards, When we discussed the clmcupt tit noncunlbrinilies, I Think slormwater rkmoll' mild im1wrviuus are areas we
want pond perfor manse mid not grmdlhthur Ixmor perliummlee. Given sot m:ity of the City's storm +wlter thins route
wider directly la Thu South I +ark of Iltc Prime River. the need to address im lmlrcd waters, and tlw devulopnlem of "I'MIN.'
(Total Daily Masinmum Loads), need sironger m4uirclmmenty. I do. however, agree strongly with the ell'ort OI' allowing
people some option% rolher than beitmg limited by the 25% impervious Cap.
AN we discussed, specifically. in the dclinition of inlpurviom% mva, overhangs omxl cave should be ennxidered impervious.
'I 'Ivey :we pan or the cruse %•sectional arur intercepting water, ht any sollintt, w:ucr spilling off the ruin should nul he
rimming under the nvcrhang„s back towards the home. Alluwiig decks as pervious pills sonic hurdcu Colo city staff In verily
il' underlying mawrials are pervious. Many decks include nwk with plaslic or olher lilbric harrierN onticnicalh, 5imihlrly,
pomms clones I'or patios, driveways and Collier surlhces should actually be designed and nlainlamud lime infillmliui, 1 :1m11
leery of thin; and piping of water 1io11m Ihr; underlying sand or grovel bed. This design ccnaittly dul'cais tlw ptlrpttvc of
porous tiles. As we discussed. porous plovers al %o do not perlimrrn well Over lime (mug run where `1116 /din will he Irluked.
In udwr words. I rim more skeptical of lllis option I'or driveways with tracking ul'gnwel and swid tmN compared lot Ihcir use
in luck yard patios. AF!uin, the burden on city stall' lot chock o11 install:uion, maintenance, or purlimrntnnce should Im
Considered.
In the Slurp Wales• Malvlgument sOClion ol'Ihc ordinance. paragraph A. l I ) should he delelcd, I'hc %milegy of culled :rod
c(uwuy i.% in conllicl wilh item 2 in the same scetion, I'rel-crcnce should he given h) lho`u stralegies That inlilmitc
clormwmler and ruducu runoll volumes.
tiNR Intnrnamiuu: 101- 296 -6157 • 1 8SS- 646 -6167 • TTY: 651 27n -5484 • 1 HAM) 657 -Mit)
Mm 1 quad 111111... 4111111, I n 1110"r 41111`61 I'rmlcd oil ice YL LIJ V llvr 1 "'ill ill-M, d
WhI, v :Jle IM rn.Ily ra= Mnd„n.,n.. lot',' 11,rim 1', o ..... lw, W:I.N•
'deceived Fax : Aa 17 2010 4 11P Fax Station _ NTY OF
Aug 17 10 03:15p Margie Robinson 320 234 2555 p•2
In item 1), where I:mgongc provides liar trndinl; of inytcrvious area litr no net incruao of runol'I', I think providing liar
infiltration or somehow reirolitling or treminl; of nrtwll'shoold be incf lded. As we discussed, I eon coo"mcd shoot
ulilving straight percentages (in both item 1) and V). Allowing 50 percent ol'a rccidcniial lot (15,000 square lest) is notch
dilTercnt than the nntoll'thol might he guncralcd from n cononcrcial building and parking lot
(scvcralacres).
I woold he happy to meet with you :md other stal7it) try to carve ool an ordinnnee that can strike a balance. While nearly
all the stormmcr drains in dies city discharge dins:tly w the South Fork ul'llw Crow, some retrolining via City stormwaler
ponds hnve been completed. Now subdivisions also have rtnutl'I'waler routed through slormwulcr ponds. I am not curtain,
in these coscs, if we are redociog vuhuues or more +o Chopping nut sediment, Areas with s(ormwater infrastruclurc could
he treated differently through the ordinance.
I c.yx ct our dialog to comno a beyond those annntent s. 1'Itank You liar your consideration ul' my continents. Thu City
of I lutchinson should reyuesl Ilcsihility Irom the Slawwide Shorcinod 1lnrµltriN in order tit adopt Ihcsc changes.
Please feel free In contact me with any quesliotis or concerns al the phone number or address listed shove.
Sincerely,
DN_l '1'F.RS
Area I lydrologist
MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONSIDERATION OF AMENDMENT TO CITY CODE CHAPTER 152 —
SHORELAND MANAGEMENT; SECTION 152.007, DEFINITIONS; SECTION
152.041, STORMWATER MANAGEMENT; SECTION 152.108, VARIANCES.
Background:
Staff was directed by the Planning Commission to look at several amendments to the Shoreland
ordinance related to impervious surface coverage standards that would allow applicants flexibility
while mitigating the impacts of additional impervious surface coverage. In addition, the height of
building definition was reviewed and amended to be more clear and easy to understand, as well as
made consistent with the definition in the Zoning Ordinance. Lastly, the definition of impervious
surface was amended and is now consistent throughout City ordinances. Previously, there were
three definitions for impervious surface and each is slightly different.
Additional information is contained in the attached staff report and attachments
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their August 17'"
meeting. There was no one from the public present objecting to the request. There is a letter
attached from DNR Hydrologist, Rob Collett stating his views and concerns. After briefly discussing
the request, the Commission unanimously recommended approval as written.
Recommendation:
The Planning Commission recommended approval of the request and the attached ordinance.
PUBLICATION NO.
ORDINANCE NO. 10 -0557
AN ORDINANCE AMENDING CITY CODE CHAPTER 152 — SHORELAND MANAGEMENT;
SECTION 152.007, DEFINITIONS; SECTION 152.041, STORMWATER MANAGEMENT;
SECTION 152.108, VARIANCES
THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS
Notice of public hearing was duly given and publication of said hearing was duly made to appear to the
satisfaction of the City Council that it would be in the best interests of the City to amend the City Code,
Chapter 152, Shoreland Management; Section 152.007, definitions of height of building or structure
height and impervious surface; Section 152.041, adding language to (B)(l); Section 152.108, adding
language to variance requirements.
SHORELAND MANAGEMENT
§ 152.007 DEFINITIONS.
Height of Building or Structure Height. The distance measured from the average existing ground
uppermost point on a round or other arch -type roof, or to the averse distance of the highest gable on a
pitched or hip roof. References in this Section to building height shall include and mean structure height,
and if the structure is other than a building, the height shall be measured from said average existing
ground elevation to the highest point of the structure "Existing ground elevation' means the lowest of the
artificial grades created by fill may not be used to modify the measured building height to circumvent the
intent of the zoning ordinance.
Impervious Surface: The portion of the buildable parcel which has a covering which does not permit
water to percolate into the natural soil and causes water to runoff the surface in greater quantities and at
an increased rate of flow than existed prior to development. Impervious surface shall include, but not be
limited to, buildings, all driveways and parking areas (whether paved or not), sidewalks, patios, tennis and
basketball courts, covered decks, porches, and other structures. Open, uncovered decks are not considered
impervious for the purposes of this ordinance if they have a pervious surface underneath and have at least
considered impervious surfaces as a majority of water runs -off the surface rather than being absorbed into
natural soils underneath. Some exceptions to these conditions may include paver blocks or pavement
systems engineered to be pgrtneable with the underlying soils suitable for infiltration.
§ 152.041 STORM WATER MANAGEMENT.
The following general and specific standards shall apply.
(A) General standards.
(,L@5
Ordinance # 10 -0557
Section 152— Shoreland Management
August 17, 2010
Page 2
(1) When possible, existing natural drainageways, wetlands and vegetated soil
surfaces must be used to convey, store, filter and retain storm water runoff before discharge to public
waters.
(2) Development must be planned and conducted in a manner that will minimize the
extent of disturbed areas, runoff velocities and erosion potential, and reduce and delay runoff volumes.
Disturbed areas must be stabilized and protected as soon as possible and facilities or methods used to
retain sediment on the site.
(3) When development density, topographic features and soil and vegetation
conditions are not sufficient to adequately handle storm water runoff using natural features and
vegetation, various types of constructed facilities such as diversions, settling basins, skimming devices,
dikes, waterways and ponds may be used. Preference must be given to designs using surface drainage,
vegetation and infiltration rather than buried pipes and man-made materials and facilities.
(B) Specific standards
(1) Impervious surface coverage of lots must not exceed 25% of the lot area subject
to the provisions of 4152.108(D) and (E).
(2) When constructed facilities are used for storm water management, documentation
must be provided by a qualified individual that they are designed and installed consistent with the field
office technical guide of the local soil and water conservation districts.
(3) New constructed storm water outfalls to public waters must provide for filtering
or settling of suspended solids and skimming of surface debris before discharge.
§ 152.108 VARIANCES.
(A) Variances may only be granted in accordance with M.S. Chapter 462, as it may be
amended from time to time, as applicable. A variance may not circumvent the general purposes and
intent of this chapter. No variance may be granted that would allow any use that is prohibited in the
zoning district in which the subject property is located. Conditions may be imposed in the granting of a
variance to ensure compliance and to protect adjacent properties and the public interest. In considering a
variance request, the Planning Commission and City Council must also consider whether the property
owner has reasonable use of the land without the variance, whether the property is used seasonally or
year- round, whether the variance is being requested solely on the basis of economic considerations, and
the characteristics of development on adjacent properties.
(B) The Planning Commission and City Council shall hear and decide requests for variances
in accordance with the rules that it has adopted for the conduct of business. When a variance is approved
after the Department of Natural Resources has formally recommended denial in the hearing record, the
notification of the approved variance required in § 152.109(B) below shall also include the Planning
Commission and City Council's summary of the public record and testimony and the findings of facts and
conclusions which supported the issuance of the variance.
(C) For existing developments, the application for variance must clearly demonstrate whether
a conforming sewage treatment system is present for the intended use of the property. The variance, if
issued, must require reconstruction of a nonconforming sewage treatment system by an MPCA certified
installer.
Ordinance k 10 -0557
Section 152— Shoreland Management
August 17, 2010
Page 3
(D) A variance from the impervious surface requirements contained in 4152.041(B)(1) is not
required for the alteration or addition of structures and appurtenances to lots in the shoreland district, if
the impervious surface coverage of a lot does not exceed 50% and the following conditions are met:
(1) The lot has been developed prior to September 14, 2010: and.
(2) A survey completed by a Professional Land Surveyor is required to determine the
exact amount of impervious surface coverage on the lot.
(3) Any changes to structures or fixtures on the lot or appurtenances thereto do not
increase the overall impervious surface coverage of the lot as calculated by a
Professional Land Surveyor and approved by the Planning Director at the time the
building or other appropriate permit is applied for.
(E) A variance from the impervious surface requirements contained in 4152.041(B)(1) is not
required if permanent treatment of the first one inch of runoff from the impervious surfaces over 25
percent created by development or redevelopment is treated on site for lots in the shoreland district, if the
impervious surface coverage of a lot does not exceed 50% and the following conditions are met:
(1) The lot has been developed prior to September 14, 2010: and
(2) A survey completed by a Professional Land Surveyor is required to determine the
exact amount of impervious surface coverage on the lot.
(3) The volume of water equal to one inch multiplied by the area of impervious surface
over 25 percent must be treated on site. Preference must be given to volume
reduction techniques that include infiltration basins, rain gardens, enhanced
infiltration swales, filter strips, disconnected impervious areas, and other
conservation designs. All management technologies shall be consistent with the
latest Minnesota Stormwater Manual. The City of Hutchinson requires the use of
trained ersonnel in erosion and sediment control and stormwater management or a
Minnesota licensed Professional Engineer to design and inspect the installation and
whether the design of the treatment facility is approved or not.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon is adoption and
publication.
Adopted by the City Council this 14th day of September, 2010.
Attest:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting
RE: Consideration of Amendment to City Code Chapter 152 — Shoreland
Management; Section 152.007, Definitions; Section 152.041, Stormwater
Management; Section 152.08, Variances
SHORELAND ORDINANCE AMENDMENTS
Staff was directed by the Planning Commission to look at several amendments to the Shoreland
ordinance related to impervious surface coverage standards that would allow applicants
flexibility while mitigating the impacts of additional impervious surface coverage. In addition,
the height of building definition was reviewed and amended to be more clear and easy to
understand, as well as made consistent with the definition in the Zoning Ordinance. Lastly, the
definition of impervious surface was amended and is now consistent throughout City ordinances.
Previously, there were three definitions for impervious surface and each is slightly different.
Analysis and
Recommendation:
Staff reviewed the proposed ordinance amendment at the July 29, 2010 planning staff meeting.
Staff is very supportive of the proposed ordinance amendment and recommends approval. The
Planning Commission should provide feedback on the ordinance and consider public hearing
comments in their recommendation to the City Council.
(Offi)5
Aug 17 10 03:15p Margie Robinson 320 234 2555 p.l
August 16,20 10
Dan Joclnun
I lutchinsua 111unning vC Zoning
I I I I (assau Sired Sli
Ilutchinsun, MN 55.350
Minnesota Department of Natural Resources
20196 I11CHWAY 7, IIII CHINSON MN 55351)
(320) 214 -2550 s2
ruhcrt.cul,lc t eihlnta nut.ug
Rli: Ordilumw C'lmogas, Cily of I lulchinsod.
Dear Mr. Jochual,
Thank you lirr meet iiig with me last week In disciiss your proposed shorehmd ordinance changes.
While we have been gearing up for cbuipes to the slalcwide minimum shorcland Nlandards. updates arc ool imminent.
The drift rules have beat developed over the pall I'ew years with unprcaticil l mvolvcnteol Dent v:mmis makehultka
groups including develops L lakcsltire owners. interest groups, and county ;lid city stalls. I apprveiate the fact tlal the
t'ity of Ilutchirison has included some tit' the kutguago from the draft roles, 'I he drall rules are sound; developed Willi
hoth people mid seiatce in mind.
Several ditlaru it :bums of the drall shurclund rules were wrillen so comimmilics with greater capacity could include more
Ilexihilily. This is especiAly imporlanl lit' clnnnunlilies with many existing; developments Willi many lull at or near the
25% impervious limit — like I lutchiosoo. I lowever. I thick your drag ordinance sets the N it Ihirly low lift Ircrliinunnce
slwtdards. Wiwi we discussed the anicupt of noncunlirmitics, I think montiwam, nutoff and impervious are areas we
want good perlori mtee and not graudlinhcr pour perl'urlmuee. Oven au many of the City's slurm wtrlei drlins rude
water directly ht die South pork of the Crow Itiver. the riml Lit adarss ingaircd waters, mid the development nf'1'MDI.'s
('total Daily Maximum Loads), need stronger requiranents. I do. however, agree strongly Willi the ellort of alluwiug
people sonic options mlherth:ut being limited by the 25% impervious cap.
As we discussed, specifically. in loo dclinitiuo of impervious mva, overhangs mid cave should be considered impervious.
They are earl of the cross- sectional arch imercepting water. In ;toy selling, waler %pilling oft' dic Inol should nil Iw
r u niog it the uvurhmip lack towards the home. Allowing decks as pervious puss some harden oo city slaff io verily
i1' underlying materials arc pervious. Many decks include roes with plastic or other litbric barriers midernealh, Siulilnrly,
ponies stones lirr palios, driveways and Other au•I'accs should actually be dceigncd and iiwimaiucd for utlilh'alion. I nut
leary tit' tiling and piping of water from Ilie underlying sand or grovel bed. 'Phis design cenaioly deleats the purpose of
porous tiles. As we discussed. porous pltvcrs also do nol perlimn well over the lung run where saint /din will he Inickcd.
In wher words. I mu more skeplical tit' this option for driveways with tracking of gravel anti surd us compared to Illcir Ilse
in hackym•d patios. Again, dw burden rot oily stall' to check on invallaliun, nmintemnec, or perlirmutce should lie
consitkrcd.
III the Sturm Wafer M ;uingancnt section of the ordinance, paragraph A. (I) should he lelctled. The strategy nfcullcvl amt
convey is in c(wnlliel with item 2 in the sonic suction. Prclireiice should he given to those sintlegies that infiltrate
stonowalcr and rducc runofl'voluntcs.
1)N9 Inlormmion: 051 - :904,157 • I X48- NIO.6167 • 'I•'I'Y: 051 296 -5494 • I VIN) 657 -.00)
An I,pml 014m,miu ly 1'ntt,6n, r K Ihmmd nu H,cri I J Pah'r I',ml.liunly .I
whovAo-AMel•, IIV �. �• M o,6,q„n.I 1 111': P,niI ,,..,u1M'I W:Pn-
V@ �)
Received Fax : Aijo 17 2010 4:31 M Fax Station
Aug 17 10 O3:15p Margie Robinson 320 234 2555 p.2
In ilem 1), where languatic provldos liv trading of impervinus area liir uu net inercnsc of runol'I', 1 think providing fur
intiITemitin or somehow retroliIIing or treatiog of nmwll'shnuld be included. As we diwussed, I ant concorncYl about
uliIiiing straight pereeutoigcs (in both item 1) and li). Allowing 511 percem ol'a residenlial lot ( 15,000 sTµrare feet) is uuich
I il'I'crcnl Than the runoll• That might he genermed from a commercial building and parking lot
(several apes).
I would he happy ur meet Willi yon aid other stal'f la try to carve out an nrnliminuc That can strike a balance. While nearly
all the slormam. drains in die city discharge directly w The South Fork ol'the Crow, some retrulitling via City smirmwowr
ponds have been eoiriploted. New subdivisions also hove runoff water rnulctl through slorniwaler ponds. 1 mn not ccrloin,
in these cases, il' we are reducing vultimes or more sa dropping out wdimenl. Areas with stunnwntor inlrasinicurre could
be tre:ued dil74rcnlly through iho ordinance.
I expzvt our dialog t» continue heyond these comments. Thank von I'nr your consideration of my (ximocnls. 'I lie City
of I lutchinson should ruprest Ilcsihilily front The Statewide Shorcland Slandartk in order to adopt these changes.
I'Icasc I'eel li'ec to conlact me Willi any (acsliom or concerns in the phmic number or addrenr listed above.
Sincorcly,
1)Nlt /A'IT.RS
I ohert ('alien
Arca I lydrologisi
^` )�)
MEMORANDUM
DATE: August 18, 2010 for the August 24, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: SITE PLAN REVIEW OF A PROPOSAL BY CHIPS HOLDINGS, LLC FOR A
4920 SO. FT. DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK NORTH
SECOND ADDITION
Background:
The applicant is proposing construction of a warehouse in the Energy Park North development. The
building is proposed to be 4920 square foot warehouse for distribution of potato chips and other similar
snacks. The proposed building would be an approximately 4920 square foot one -story structure. The
building also features a loading dock that faces south. The building plans show the exterior as metal
with windows on the west side. The proposed design is typical of what is found in an industrial park and
should be compatible with future uses.
Additional information is contained in the attached staff report and attachments.
Planning Commission Meeting:
After briefly discussing the request, the Commission unanimously recommended approval with staff
recommendations.
Recommendation:
The Planning Commission recommended approval of the request with the findings and conditions in the
attached resolution.
(0N(
RESOLUTION NO. 13776
RESOLUTION APPROVING A SITE PLAN SUBMITTED BY CHIPS HOLDINGS LLC
FOR A 4920 SQ. FT. DISTRIBUTION FACILITY ON A LOT IN ENERGY PARK
NORTH SECOND ADDITION
Whereas, CHIPS Holdings, LLC, have requested approval of a site plan to construct a distribution facility
with the following legal description:
Legal Description: Lot 4, Block 2, Energy Park North Second Addition.
Whereas, the Planning Commission met on August 17, 2010, on the request and considered the
requirements of the Zoning Ordinance and effects of the proposal on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of
properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends
approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and
hereby does recommend approval of the site plan, subject to the following findings and conditions:
1. The proposed building and site improvements shall comply with the standards of the I -1
district and the Zoning Ordinance.
2. A certified property survey is required before a building permit will be reviewed. The
survey shall clearly identify dimensions and setbacks for the building, parking, and drive
aisles, and identify the proposed drainage direction and grading. Review and approval of
the final site plan is required by the City Engineer and Planning Director before
construction.
3. The parking lot needs to drain to the east to the catch basin that drains into the
stormwater pond.
4. Silt fencing must be installed per City requirements, including along the front side of the
lot to the street.
5. The clean out must be at the easement or property line to ensure easy access.
6. Final landscape plans shall identify the size and species of the plantings and shall be
approved by the City Forester.
7. SAC and WAC fees will be calculated per fixture unit and due at the time of building
permit.
8. Exterior doors should be labeled clearly with large letters or numbers for emergency
purposes.
9. Approval of a NPDES permit and erosion control are required prior to construction on
site.
Adopted by the City Council this 24ih day of August, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
('�N) �
DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary
Plotz, Jeremy Carter, Jim Popp, Dan Hatten, Dick Nagy, Dan Jochum and
Bonnie Baumetz (Persons in attendance at Planning Staff Meeting (in bold)
Date: July 29, 2010, for August 17, 2010, Planning Commission Meeting
Application: Site Plan for construction of Chips Holdings LLC warehouse facility in the
Energy Park industrial park.
Applicant: Greg Ebert, Chips Holdings LLC
SITE PLAN
The applicant is proposing building a warehouse on part of lot 3 block 2, in Energy Park. The
building is proposed to be 4920 square foot warehouse for distribution of potato chips and other
similar snacks.
(PUD)�0
Planning Commission — August 17, 2010
Site Plan Review
Chips Holdings, LLC
Page 2
GENERAL INFORMATION
Existing Zoning: I -1 (Light Industrial Park)
Property Location: Energy Park North Plat
Lot Size: n/a
Existing Land Use: Vacant
Adjacent Land Use
And Zoning: I -1 (Light Industrial Park), R -2 (Medium Family Residential) and
GT (Gateway)
Comprehensive
Land Use Plan: Business Park
Zoning History: R -1 when annexed per City Ordinance. Rezoned to I -1.
Applicable Regulations: Section 153.36 and Section 153.50, City Code
Building:
The proposed building would be an approximately 4920 square foot one -story structure. The
building also features a loading dock that faces south. The building plans show the exterior as
metal with windows on the west side. The proposed design is typical of what is found in an
industrial park and should be compatible with future uses.
Setbacks:
The proposed building setbacks and requirements for the I -1 (Light Industrial Park) district are
identified below. The plans would meet the building setbacks as follows:
Landscaping:
The site plan shows landscaping on the portion of the lot being built upon. There are 2" caliper
trees shown on the plan that appears to meet the requirement of 1 tree per 800 square feet of
landscaped area. The landscape plans shall identify the size or species of the planting and will
require approval of the City Forester.
Parking:
The proposal includes a total of 13 parking spaces, including 1 handicap space, 6 employee
stalls, and 6 truck stalls. The parking stalls also meet all the parking setback requirements.
('1�)te
Required
Structure Setback
Proposed
Structure Setback
Street Right of Way
30 feet
159 Feet
Interior Lot Line
20 feet
36 feet (west) 74 feet (east)
Residential zoning
boundary
75 feet
n/a
Landscaping:
The site plan shows landscaping on the portion of the lot being built upon. There are 2" caliper
trees shown on the plan that appears to meet the requirement of 1 tree per 800 square feet of
landscaped area. The landscape plans shall identify the size or species of the planting and will
require approval of the City Forester.
Parking:
The proposal includes a total of 13 parking spaces, including 1 handicap space, 6 employee
stalls, and 6 truck stalls. The parking stalls also meet all the parking setback requirements.
('1�)te
Planning Commission — August 17, 2010
Site Plan Review
Chips Holdings, LLC
Page 3
Analysis and Recommendation:
A "One -Stop Shop" was held on July 27, 2010, to review the site plan and provide feedback to
the applicant. The applicants have addressed the issues identified by staff. Planning staff
recommends approval, subject to the following findings and recommended conditions:
1. The proposed building and site improvements shall comply with the standards of the I -I
district and the Zoning Ordinance.
2. A certified property survey is required before a building permit will be reviewed. The
survey shall clearly identify dimensions and setbacks for the building, parking, and drive
aisles, and identify the proposed drainage direction and grading. Review and approval of
the final site plan is required by the City Engineer and Planning Director before
construction.
3. The parking lot needs to drain to the east to the catch basin that drains into the
stormwater pond.
4. Silt fencing must be installed per City requirements, including along the front side of the
lot to the street.
5. The clean out must be at the easement or property line to ensure easy access.
6. Final landscape plans shall identify the size and species of the plantings and shall be
approved by the City Forester.
7. SAC and WAC fees will be calculated per fixture unit and due at the time of building
permit.
8. Exterior doors should be labeled clearly with large letters or numbers for emergency
purposes.
9. Approval of a NPDES permit and erosion control are required prior to construction on
site.
c'U6 �
AN 55350
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WIT. 1—
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In. bas el Ily 6b1, d um�.wlc
WTI.: >ZWW I.-.. b ,SISA
SITE PLAN
-of- Chl$Ad187Mjblshlbullon facility
Part of Lot 3 block Z, ENERGY PARK NORTH
LEGEND
e° W. a,
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TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of Improvement Project Change Orders
DATE: August 24, 2010
As construction has proceeded on the below listed projects there has been additional work, project scope revisions, or
construction staging changes. All of these items have been identified and deemed necessary to satisfactorily complete the
projects. The following Change Orders are proposed to address the specifically described items:
• Change Order No. 6 — Letting No. 1/Project No. 09 -01 — Energy Park Improvements Phase 1
This Change Order addresses the revision of the contract completion dates due to abnormal weather and
additional work The Final Completion Date would be extended from August 1, 2010, to August 6, 2010 (5
calendar days). This action results in no increase to the contract payment amount.
We recommend that the above Change Orders be approved.
cc: Gary Plotz, City Administrator
- CITY OF HUTCHINSON - ENGINEERING DEPARTMENT
111 HASSAN ST SE, HUTCHINSON MN 55350 (320) 234- 4209
sheet, ot, CHANGE ORDER NO. 6 Dated: 08116/2010
3
g
v
Mathiowetz Construction
30676 Co Rd 24
Sleepy Eye MN 56085
Phone: (507) 794-6953 FAX: (507) 794-3514
Letting No 1
112roject No. 09 -01
Project Location: Energy Park North
EDA Grant or ID No. 06 -01 -05404
c u
0
a
m U
d w
p o
This Change Order addresses the revision of the contract completion date due to abnormal weather and additional work. The Final Completion Date
is extended from August 1, 2010 to August 6, 2010 (5 calendar days). This action results in no increase to the contract payment amount.
Item No.
Spec. Ref.
Item Name
I Unit
lQuantityl
Unit Price
I Amount
INCREASE ITEMS:
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
$0.00
TOTAL INCREASE CHANGE ORDER NO.8
$0.
NET INCREASE ------- •— •-------- - - - - -- - - - - - --
$0.00
In accordance with the Contract and Specifications, the contract amount shall be adjusted In the amount of $3.966. (add) /(deduct).
An extension of -0- days shall be allowed for completion. The original completion date of 0810,/2010 shall not be changed.
ORIGINAL CONTRACT AMOUNT
PREVIOUS ADDITIONSIDEDUCTIONS
THIS ADDITIOWDEDUCT 04
TOTAL
$1,805,921.10
$119,406.40
$0.00
$1,925,327.50
APPROVED:
Contractor - Mathiowetz Construction
DATED:
APPROVED:
City of Hutchinson - Mayor: Steven W Cook
DATED: 08/24/2010
PPROVED:
APPROVED:
ity of Hutchinson - City Administrator: Gary D Plot
DATED: 08/24/2010
City of Hutchinson - City Engineer: Kent Exner
DATED:
US DEPARTMENT OF COMMERCE - ECONOMIC DEVELOPMENT ADMINISTRATION
APPROVED: M A DATED:
PRINTED NAME & TITLE: / �G
fff Construction Company
Iu All We Do, We Build It RightlI
26 July, 2010
Kent Exner
City of Hutchinson
11 I Hassan Street SE
Hutchinson, MN 55350 -2522
Re: Energy Park Improvements Phase 1 (Letting No. I /Project No. 09 -01)
Dear Mr. Exner,
30676 Couuly l(mW 24
Skepy!LK MN 56085
(507)794.69531 (307) 7942514 Far
1910 us N: lywralnfhImm: Ol1me"
Mathiowetz Construction is requesting an additional 5 calendar days to complete the Energy Park
Project. 'this request is due to an increase in the quantity of curb and gutter to be poured Find the
working days lost in the month of June 2010 due to rain.
If you have any questions, feel free to contact nre at 507 -829 -4963.
Sincerely,
The Mathiowetz Construction Company
Brad On7modt
Project Malinger
AN EQUAL OPPORTUNITY / AFFIRMATIVE ACTION 6MPIAYF.R
c'�2tG�
r
TO: Mayor and City Council Members
FROM: Gary Plotz, City Administrator
DATE: August 18, 2010
SUBJECT: Election Judge Wage Increase
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
320 -557 -5151 /Fax 320. 2344240
The rate of pay currently paid to the City of Hutchinson's election judges is $6.50/hour which
has been the rate since 2004. Currently, the prevailing Minnesota minimum wage is
$7.25 /hour. Minnesota Statute 20413.31 reads, "Election judges shall receive at least the
prevailing Minnesota minimum wage for each hour spent carrying out their duties at the
polling places and in attending training sessions... ". Therefore, the hourly minimum wage
for election judges, whom are now considered City employees, must be increased to
$7.25 /hour.
Since 2004, the head judges in each precinct have been paid $7.25/hour, which was $35/hour
higher than the regular election judges. Head judges are responsible for election activities in
their respective precincts. They assign job duties, supervise their precinct and respond to
unordinary actions. Head judges are required to obtain extra training beyond the regular election
judge training. For these reasons, I would recommend that the head judges' wage be increased to
$8.00/hour.
For your reference, please find enclosed a brief survey that was conducted in 2004 relating to
election judge wages. Even with this dated information, it appears that the proposed increases
would not be out of line.
Printed on recycled paper-
Election Judge Wages
Surrounding Cities
city Election Judge Rate
Alexandria
$7.50/hr
Bemidji
$6.50/hr
Brainerd
$7.00/hr
Cloquet
$7.00/hr
Fairmont
$6.001hr
Farmington
$7.00/hr
Fergus Falls
$7.25/hr
Glencoe
$8.00/hr
Litchfield
$6.50/hr
Marshall
$5.25/hr
New Ulm
$6.25/hr
North Mankato
$6.75/hr
Worthington
$5.15/hr
Average: $6.50/hr
Head Election Judge Rate
$8.00/hr
$7.00/hr
$8.00/hr
$7.00/hr
$6.00/hr
$7.50/hr
$11.50/hr
$8.00/hr
$7.50/hr
$5.25/hr
$6.75/hr
$7.75/hr
$5.15/hr
$7.25/hr
�00)
aa4
I l I Hassan Street Southeast
Hutchinson, MN 55350
(320) 587-5151 /Fax: (320)234-4240
0. g -3 -I0
Short Term 3.2 Malt Liquor
Fee: $125.00
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
G{-. Ay;isrds L,4 R rNQ�1 C LNur�
c+ N 3 �S�s7- losZ37
Business /Organization Name
Phone Number
Y Vi'y 4Kt Si _ s- to
/
l7uYCt11,yS0 V, A111 SS�Zi
Business /Organization Address
City State Zip
7. Goy
Type Business/Organization
X121 uu�
3� -s5'I �OSO7
Applicant Name
Phone Number
L%vd L-AKF_ Sy- s k,'-
/�crt c/It/NsoN 11AIA/ ss a - --
Applicant Address
city State Zi
Office s /Owners of the Or anization/Business jnecessa7,
list additional names on se orate sheet
�F_A.44 -0 S.
T-Oe
Name
Title
Name
Title
Name
Title
3.2 Malt Liquor Sales Information
YZoa LAKE Sri S.to. //
Location of Sales Date(s) of Sales
f/u rov 1. "V,', 1V /&V (d Cold I-IfU L_
Address Contact Person
The following items need to be
Application fee paid in full (check or money order): ❑ yes ❑ no
in full and
❑ yes Ll no
to
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. (0 te-)
City of Hutchinson
Application for ShoriTerm 3.2 ,Valt
Liquor License - On -Sale
Page 1 of 1
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.
aL-u I
Signature
❑ approved ❑ denied Notes:
X—Z — /c0
Date
(' (�)
9
CITY OF HUTCHINSON
MEMO
Finance Department
August 17, 2010
TO: MAYOR & CITY COUNCIL
FROM: JEREMY CARTER, FINANCE DIRECTOR
SUBJECT: DONATION REQUESTS FOR AUGUST
By State law the elected body of a government entity is required to authorize all donations accepted
on behalf of that government entity.
There was one donation I would request authorization to accept for the month of August.
1) The fire department received a donation of $2000 from Margaret Abbot to put towards the
High Pressure Rescue Tool project with an estimated cost of $15,000.
Any questions regarding approval of the donations can be directed to my attention.
Thanks
�(o
CITY OF HUTCHINSON
R55CKREG
LOG22001VO
Council Check Register
8/24/2010
Check#
Ck Date Amount
Vendor/ Explanation
Account Description
161530
8/24/2010
611.82157 CLASS TOWING INC
OTHER CONTRACTUAL
161531
8/24/2010
406.00 AARP
PROFESSIONAL SERVICES
161532
8/24/2010
480.00 ABSOLUTE CATERING
OPERATING SUPPLIES
161534
8/24/2010
650.74 ACE HARDWARE
REPAIR & MAINTENANCE SUPPLIES
161535
8/24/2010
18.00 ADAMS, KRIS
OTHER CONTRACTUAL
161536
8/24/2010
283.22 AG SYSTEMS
EQUIPMENT PARTS
161537
8/24/2010
45.56 ALLTEL
COMMUNICATIONS
161538
8/24/2010
7,041.28 ALPHA WIRELESS
COMMUNICATIONS
161539
8/24/2010
49.00 AMERICAN CEMETERY
DUES & SUBSCRIPTIONS
161540
8/24/2010
234.00 AMERICAN RED CROSS- MINNESOTA
OPERATING SUPPLIES
161541
8/2412010
307.61 AMERICAN WELDING / WILLMAR FIR
CENTRAL GARAGE REPAIR
161542
8/24/2010
57.43 AMERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
161543
8/24/2010
630.56 AIMS COATING SYSTEMS INC.
SIGNS & STRIPPING MATERIALS
161544
8/24/2010
9.41 ARAMARK UNIFORM SERVICE
SHOP MATERIALS
161545
8/24/2010
947.73 ARCTIC GLACIER PREMIUM ICE INC
COST OF MIX & SOFT DRINKS
161546
8/24/2010
318.00 ARROWWOOD RESORT & CONFERENCE
TRAVEL SCHOOL CONFERENCE
161547
8/24/2010
3,125.00 ARTHUR J GALLAGHER RISK
GENL LIABANSURANCE
161548
8/24/2010
225.00 AWWA - MINNESOTA SECTION
TRAVEL SCHOOL CONFERENCE
161549
8/24/2010
125.00 BARE, MICHAEL
UNIFORMS & PERSONAL EQUIP
161550
8/24/2010
213.04 BCA/TRAINING & DEVELOPMENT
TRAVEL SCHOOL CONFERENCE
161551
8/24/2010
2,220.68 BELLBOY CORP
COST OF SALES -MISC
161552
8/24/2010
476.56 BENNETT MATERIAL HANDLING
RECEIVED NOTVOUCHERED
161553
8/24/2010
182.66 BERNICK'S
COSTOF SALES -MISC
161554
8/24/2010
201.96 BERNICK'S FOOD SERVICE
COST OF MIX & SOFT DRINKS
161555
8/24/2010
3,100.00 BLUEVALLEYSOD
RECEIVED NOT VOUCHERED
161556
8/24/2010
478.28 BRANDON TIRE CO
CENTRAL GARAGE REPAIR
161557
8/24/2010
1,776.50 BRAUN INTERTEC CORP
PROFESSIONAL SERVICES
161558
8/24/2010
5,726.73 BRYAN STREICH TRUCKING
FREIGHT- IN
161519
8/24/2010
79.32 BUFFALO CREEK ENTERPRISES
COST OF MIX &SOFT DRINKS
161560 8/24/2010
161561 8/24/2010
161562 8/24/2010
161563 8/24/2010
161564 8/24/2010
161565 8/24/2010
161566 8/24/2010
161567 8/24/2010
161568 8/24/2010
161569 8/24/2010
161570 8/24/2010
161571 8/24/2010
161572 8/24/2010
161573 8/24/2010
161574 8/24/2010
161575 8/24/2010
161576 8/24/2010
161577 8/24/2010
161578 8/24/2010
161579 8/24/2010
161580 8/24/2010
161581 8/24/2010
161582 8/24/2010
161583 8/24/2010
161584 8/24/2010
161585 8/24/2010
161586 8/24/2010
161587 8/24/2010
161588 8/24/2010
161589 8/24/2010
161590 8/24/2010
161591 8/24/2010
161592 8/24/2010
161593 8/24/2010
349.48 BUSINESSWARE SOLUTIONS OPERATING SUPPLIES
49,838.80 C & L DISTRIBUTING COST OF SALES -BEER
292.50 CALIFORNIA CONTRACTORS SUPPLIE SAFETY SUPPLIES
585.72 CARLSON TRACTOR & EQUIP RECEIVED NOT VOUCHERED
32.05 CARR FLOWERS MISCELLANEOUS
638.00 CARRIGAN, CORY OTHER CONTRACTUAL
335.00 CARVER COUNTY COURTADMIN OTHER REVENUES
616.00 CATES, SHAY OTHER CONTRACTUAL
53.44 CENTRAL LANDSCAPE SUPPLY OPERATING SUPPLIES
138.94 CMK SERVICES LLC OTHER CONTRACTUAL
96.89 COLLINS BROTHERS COST OF SALES -MISC
158.03 COMDATA CORPORATION FOOD PRODUCTS- CONCESSION
69.00 COREY, NICHOLLE TRAVEL SCHOOL CONFERENCE
430.00 CORNER POST EROSION CONTROL OPERATING SUPPLIES
633.38 CREEKSIDE SOILS OPERATING SUPPLIES
86.03 CROW RIVER AUTO & TRUCK REPAIR CENTRAL GARAGE REPAIR
372.66 CR0W RIVER GLASS &SIGNS REPAIR& MAINTENANCE SUPPLIES
112.60 CROW RIVER PRESS INC PRINTING & PUBLISHING
887.14 CR0W RIVER VET HOSPITAL PA OTHER CONTRACTUAL
38.48 CULLIGAN -METRO OPERATING SUPPLIES
190.00 CZECH, RANDY TRAVEL SCHOOL CONFERENCE
8,901.80 DAY DISTRIBUTING COST OF SALES-BEER
26.86 DOMINO'S PIZZA OPERATING SUPPLIES
1,425.00 DONOHUE & ASSOCIATES PROFESSIONAL SERVICES
2,366.06 DPC INDUSTRIES INC CHEMICALS & PRODUCTS
82.75 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED
729.38 DYNA SYSTEMS RECEIVED NOT VOUCHERED
397.20 E2 ELECTRICAL SERVICES INC PROFESSIONAL SERVICES
125.04 ECOLAS PEST ELIM RECEIVED NOT VOUCHERED
123.38 ECONO FOODS OPERATING SUPPUES
171.40 ERLANDSON, ANDREW TRAVEL SCHOOL CONFERENCE
153.00 EVERETT& VANDERWIEL PLLP PROFESSIONAL SERVICES
100.50 EXTREME BEVERAGE LLC COST OF MIX & SOFT DRINKS
187.14 FARMER BROTHERS COFFEE OFFICE SUPPLIES
161594
8/24/2010
616.23 FASTENAL COMPANY
OPERATING SUPPLIES
161595
8/24/2010
638.00 FINNELL, RYAN
OTHER CONTRACTUAL
161596
8/24/2010
7,720.65 FREMONT INDUSTRIES, INC
CHEMICALS & PRODUCTS
161597
8/2412010
74.54 G &KSERVICES
OPERATING SUPPLIES
161598
8/24/2010
12,644.10 GARICK CORPORATION
RECEIVED NOT VOUCHERED
161599
8/24/2010
3,200.00 GAVIN, OLSON & WINTERS, LTD
PROFESSIONAL SERVICES
161600
8/24/2010
142.44 GLACIAL RIDGE WINERY
COST OF SALES -WINE
161601
8/24/2010
546.90 GRAINGER
EQUIPMENT PARTS
161602
8/24/2010
200.00 GRAND PERE WINES INC
COST OF SALES -WINE
161603
8/24/2010
176.00 GRUNZKE, MATT
OTHER CONTRACTUAL
161604
8/24/2010
264.00 GUNDERSON, MICHAEL
OTHER CONTRACTUAL
161605
8/24/2010
2,417.00 HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
161606
8/24/2010
165.00 HANSEN GRAVEL
WASTEWATER TREATMENT
161607
8/24/2010
2,074.22 HAWKINS INC
CHEMICALS & PRODUCTS
161608
8/24/2010
117,114.54 HEALTH PARTNERS
EMPL.HEALTH & INS. BENEFIT
161609
8/24/2010
88.00 HEMMAH, ALEXANDER
OTHER CONTRACTUAL
161610
8/24/2010
264.00 HEMMAH, LLOYD
OTHER CONTRACTUAL
161611
8/24/2010
404.14 HENRYS FOODS INC
FOOD PRODUCTS- CONCESSION
161612
8/24/2010
130.21 HILLYARD /HUTCHINSON
OPERATING SUPPLIES
161613
8/24/2010
255.22 HIRSHFIELD'S INC
REPAIR& MAINTENANCE SUPPLIES
161614
8/24/2010
295.00 HOLT MOTORS INC
CENTRAL GARAGE REPAIR
161615
8/24/2010
550.00 HOLT TOUR &CHARTER
OTHER CONTRACTUAL
161616
8/24/2010
200.00 HRA
HRA TRANSFER
161617
8/24/2010
58.17 HUTCH SPORT SHOP
OPERATING SUPPLIES
161618
8/24/2010
8,388.13 HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
161619
8/24/2010
1,144.57 HUTCHINSON CO -OP AGRONOMY
CHEMICALS & PRODUCTS
161620
8/24/2010
37.24 HUTCHINSON EVENT CENTER
COMMUNICATIONS
161621
8/24/2010
3,057.57 HUTCHINSON LEADER
ADVERTISING
161622
8/24/2010
813.91 HUTCHINSON PLUMBING & HEATING
CONTRACT REPAIR & MAINTENANCE
161623
8/24/2010
90,840.15 HUTCHINSON UTILITIES
UTILITIES
161624
8/24/2010
397.58 HUTCHINSON WHOLESALE
EQUIPMENT PARTS
161625
8/24/2010
3,591.89 HUTCHINSON, CITY OF
REFUSE - RECYCLING
161626
8/24/2010
9.17 INDEPENDENT EMERGENCY SERVICES
COMMUNICATIONS
161627
8/24/2010
171.75 INDIANHEAD SPECIALTY CO
OPERATING SUPPLIES
V
161628
8/24/2010
19.02 INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
161629
8/24/2010
3,648.24 JEFF MEEHAN SALES INC.
ACCURED COMMISSIONS PAYABLE
161630
8/24/2010
788.14 JEFF'S ELECTRIC
CONTRACT REPAIR & MAINTENANCE
161631
8/24/2010
812.60 JJ TAYLOR DIST OF MN
COST OF SALES -BEER
161632
8/24/2010
16,161.62 JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
161633
8/24/2010
211.20 KDUZ KARP RADIO
ADVERTISING
161634
8/24/2010
262.00 KDUZ KARP RADIO
ADVERTISING
161635
8/24/2010
211.20 KDUZ KARP RADIO
ADVERTISING
161636
8/24/2010
24.38 KILIAN, ERIC
TRAVEL SCHOOL CONFERENCE
161637
8/24/2010
33.00 KLOSS, TOM
COMMUNICATIONS
161638
8/24/2010
8,300.00 KNICK, JESSE & SAMANTHA
HOUSING REHAB LOANS
161639
8/24/2010
2,669.31 KNIFE RIVER
CONTRACT REPAIR & MAINTENANCE
161640
8/24/2010
553.50 KOHLS SWEEPING SERVICE
RECEIVED NOT VOUCHERED
161641
8/24/2010
103.24 KUSSMAUL ELECTRONICS CO
REPAIR& MAINTENANCE SUPPLIES
161642
8/24/2010
2,496.64 L & P SUPPLY CO
CENTRAL GARAGE REPAIR
161643
8/24/2010
199.47 LAKES GAS CO.
UTILITIES
161644
8/24/2010
20.00 LARSON, QUENTIN
REFUNDS & REIMBURSEMENTS
161645
8/24/2010
500.00 LEAGUE OF MN CITIES -INS TRUST
INSURANCE- DEDUCTIBLE COST
161646
8/24/2010
134.00 LEXISNEXIS
OTHER CONTRACTUAL
161647
8/24/2010
200.00 LINDER BUS COMPANY
OTHER CONTRACTUAL
161648
8/24/2010
330.00 UNGL, MARK
OTHER CONTRACTUAL
161649
8/24/2010
18,777.70 LOCHER BROTHERS INC
COST OF SALES -BEER
161650
8/24/2010
288.00 LOGIS
DUE FROM UTILITIES
161651
8/24/2010
219.00 LORMAN EDUCATION SERVICES
TRAVEL SCHOOL CONFERENCE
161652
8/24/2010
3,433.19 LYNDE & MCLEOD INC
RECEIVED NOT VOUCHERED
161653
8/24/2010
1,335.92 MATTHEW BENDER & CO., INC
OPERATING SUPPLIES
161654
8/24/2010
464.50 MAYTAG LAUNDRY & CAR WASH.
PROFESSIONAL SERVICES
161655
8/24/2010
56.00 MCLEOD COUNTY ASSESSOR
PROFESSIONAL SERVICES
161656
8/24/2010
500.00 MCLEOD COUNTY COURT ADMINISTRA
OTHER REVENUES
161657
8/24/2010
250.00 MCLEOD COUNTY COURT AOMINISTRA
OTHER REVENUES
161658
8/24/2010
400.00 MCLEOD COUNTY COURT ADMINISTRA
OTHER REVENUES
161659
8/24/2010
300.00 MCLEOD COUNTY COURT ADMINISTRA
OTHERREVENUES
161660
8/24/2010
70.00 MCLEOD COUNTY COURT ADMIN15TRA
MISCELLANEOUS
161661
8/24/2010
70.00 MCLEOD COUNTY COURT ADMINISTRA
MISCELLANEOUS
161662 8/24/2010
161663 8/24/2010
161664 8/24/2010
161665 8/24/2010
161666 8/24/2010
161667 8/24/2010
161668 8/2412010
161669 8124/2010
161670 8/24/2010
161671 8/24/2010
161672 8/24/2010
161673 8/24/2010
161674 8/24/2010
161675 8/24/2010
161676 8/24/2010
161677 8/24/2010
161678 8/24/2010
161679 8/24/2010
161680 8/24/2010
161681 8/24/2010
161682 8/24/2010
161683 8/24/2010
161684 8/24/2010
161685 8/24/2010
161686 8/24/2010
161687 8/24/2010
161688 8/24/2010
161689 8/24/2010
161690 8/24/2010
161691 8/24/2010
161692 8/24/2010
161693 8/24/2010
(� 161694 8/24/2010
}� 161695 8/24/2010
35.00 MCLEOD COUNTY SENIOR EXPO MISCELLANEOUS
344.18 MEEKER WASHED SAND &GRAVEL RECEIVED NOT VOUCHERED
495.38 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES
324.00 MERKINS, ANDREW OTHER CONTRACTUAL
5,764.84 MIDWEST PLAYSCAPES INC. OPERATING SUPPLIES
157.68 MINI BIFF RENTALS
93.00 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL
60.00 MINNESOTA DEPT OF LABOR & INDU LICENSES & TAXES
10.00 MINNESOTA DEPT OF LABOR & INDU LICENSES & TAXES
10.00 MINNESOTA DEPT OF LABOR & INDU DUES & SUBSCRIPTIONS
60.00 MINNESOTA DEPT OF LABOR &INDU SAFETY SUPPLIES
10.00 MINNESOTA DEPT OF LABOR & INDU REPAIR & MAINTENANCE SUPPLIES
10.00 MINNESOTA DEPT OF LABOR &INDU DUES & SUBSCRIPTIONS
85.00 MINNESOTA DEPT OF LABOR &INDU TRAVEL SCHOOL CONFERENCE
225.00 MINNESOTA FIRE SERVICE CERTIF TRAVEL SCHOOL CONFERENCE
56.45 MINNESOTA SHREDDING OTHER CONTRACTUAL
7,416.11 MINNESOTA UNEMPLOYMENT INSURAN UNEMPLOYMENT INSURANCE
2,418.40 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL
250.00 MN GFOA TRAVEL SCHOOL CONFERENCE
24.57 MORAN USA, LLC COST OF SALES -MISC
76.00 MORROW, KIM OTHER REVENUES
355.00 NICOLLET COUNTY COURT AOMIN OTHER REVENUES
238.00 NORTHERN LIGHTS BROADCASTING ADVERTISING
108.31 NORTHERN SAFETY & INDUSTRIAL SAFETY SUPPLIES
55.29 NU TELECOM /ATTN KAREN COMMUNICATIONS
21,981.60 NU- TELECOM MISCELLANEOUS
19.75 NYBERG, CAROLINE MISCELLANEOUS
301.57 O'REILLY AUTO PARTS CENTRAL GARAGE REPAIR
30.00 OBERG, APRIL OTHER CONTRACTUAL
37.00 OFFICE OF ENTERPRISE TECHNOLOG TELEPROCESSING EQUIP
296.57 OLSON'S LOCKSMITH
27.75 PENKE, JACKIE OFFICE SUPPLIES
11,759.62 PHILLIPS WINE &SPIRITS COST OF SALES- LIQUOR
263.00 PIONEER SIGNS & STRIPPING MATERIALS
161696
8/24/2010
37,007.75 PIONEERIAND LIBRARY SYSTEM
OTHER CONTRACTUAL
161697
8/24/2010
21.44 POSITIVE ID INC
MISCELLANEOUS
161698
8/24/2010
1,333.80 PRO CARE SERVICES INC
CONTRACT REPAIR & MAINTENANCE
161699
8/24/2010
35.45 PRO -BUILD
REPAIR & MAINTENANCE SUPPLIES
161700
8/24/2010
11,858.90 QUALITY WINE & SPIRITS CO.
COST OF SALES -BEER
161701
8/24/2010
1,301.60 R.J.L. TRANSFER
FREIGHT
161702
8/24/2010
18.00 RASMUSSEN, ANDY
OTHER CONTRACTUAL
161703
8/24/2010
111.91 RBSCOTT EQUIPMENT
RECEIVED NOT VOUCHERED
161704
8/24/2010
339.80 RECREONICS
OPERATING SUPPLIES
161705
8/24/2010
136.59 REINER IRRIGATION & SEPTIC INC
REPAIR & MAINTENANCE SUPPLIES
161706
8/24/2010
162.50 RUNKE, DOREEN
OTHER CONTRACTUAL
161707
8/24/2010
313.26 RUNNING'S SUPPLY
MOTOR FUELS & LUBRICANTS
161708
8/24/2010
177.95 SALTMAN LLC
REPAIR & MAINTENANCE SUPPLIES
161709
8/24/2010
338.37 SAM'S TIRE SERVICE
RECEIVED NOT VOUCHERED
161710
8/24/2010
3,421.90 SCHMEUNG OIL CO
RECEIVED NOTVOUCHERED
161711
8/24/2010
64.20 SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
161712
8/24/2010
8,244.65 SEH
PROFESSIONAL SERVICES
161713
8/24/2010
125.00 SHAW, KAREN
PROFESSIONAL SERVICES
161714
8/24/2010
12.80 SHOPKO
OPERATING SUPPLIES
161715
8/24/2010
84.44 SORENSEN'S SALES & RENTALS
RENTALS
161716
8/24/2010
52.96 SPS COMMERCE
OPERATING SUPPLIES
161717
8/24/2010
323.84 STANDARD PRINTING
PRINTING & PUBLISHING
161718
8/24/2010
146.88 STRATEGIC EQUIPMENT
OPERATING SUPPLIES
161719
8/24/2010
54.19 SUBWAY WEST
OPERATING SUPPLIES
161720
8/24/2010
894.72 TASC
FLEX ADMINISTRATION FEE
161721
8/24/2010
1,072.00 TASC
HRA ADMINISTRATION FEE
161722
8/24/2010
8.29 TEK MECHANICAL
REPAIR & MAINTENANCE SUPPLIES
161723
8/24/2010
535.87 TESSMAN SEED CO
SIGNS & STRIPPING MATERIALS
161724
8/24/2010
562.02 THOMSON WEST
OPERATING SUPPLIES
161725
8/24/2010
42.74 TOTAL FIRE PROTECTION
VEHICLE RENT
161726
8/24/2010
1,896.76 TRI COUNTY WATER
OPERATING SUPPLIES
161727
8/24/2010
3,848.00 TWIN CITY PALLETS INC.
RECEIVED NOT VOUCHERED
161728
8/24/2010
582.47 UHLCOMPANY
CONTRACT REPAIR & MAINTENANCE
161729
8/24/2010
609.55 UPSTART
OPERATING SUPPLIES
161730
161731
161732
161733
161734
161735
161736
161737
161738
161739
161740
161741
161742
161743
161744
161745
161746
161747
161748
161749
161750
8/24/2010
13.48 VALLEY NATIONAL GASES LLC
8/24/2010
74.76 VERTECH SOLUTIONS & SERVICES
8/24/2010
18,483.15 VIKING BEER
8/24/2010
841.70 VIKING COCA COLA
8/24/2010
38.00 VIKING SIGN & GRAPHICS INC
8/24/2010
1,705.90 VINOCOPIA INC
8/24/2010
2,204.03 WASTE MANAGEMENT OF WI -MN
8/24/2010
1,736.02 WATSON BOWMAN ACME CORP
8/24/2010
60.00 WELCOME NEIGHBOR
8/24/2010
22.00 WILLARD, ALI
8/24/2010
1,407.25 WINE MERCHANTS INC
8/24/2010
7,869.76 WIRTZ BEVERAGE MINNESOTA
8/24/2010
612.00 WOODLAND HILL VINEYARDS LLC
8/24/2010
2,608.20 WORK CONNECTION, THE
8/24/2010
779.38 XEROX CORP
8124/2010
36.00 ZELM, KYLE
8/24/2010
110.23 ZIEGLER INC
8/24/2010
379.59 ZWILLING, TROY
8/24/2010
76.61 AMERICAN FAMILY INS CO.
8/24/2010
500.79 H.A.R.T.
8/24/2010
512.00 NCPERS LIFE INS.
592,507.45 Grand Total
Payment Instrument Totals
Check Total
592,507.45
Total Paymen
592,507.45
OPERATING SUPPLIES
CONTRACT REPAIR & MAINTENANCE
COST OF SALES -MISC
FOOD PRODUCTS- CONCESSION
SIGNS & STRIPPING MATERIALS
COST OF SALES -WINE
REFUSE - RECYCLING
CONTRACT REPAIR & MAINTENANCE
ADVERTISING
OTHER CONTRACTUAL
COST OF SALES -WINE
COST OF SALES -WINE
COST OF SALES -WINE
OTHER CONTRACTUAL
COPY MACHINE
OTHER CONTRACTUAL
RECEIVED NOT VOUCHERED
TRAVEL SCHOOL CONFERENCE
ACCRUED LIFE INSURANCE
ACCRUED DEFERRED COMP
ACCRUED LIFE INSURANCE
# # # # # # ## 1024:06
Page -
ELECTRONIC FUNDS TRANSFERS
COUNCIL MEETING 08/24/2010
TAX
FUND
FUEL
HATS
LIQUOR
LIQUOR
LIQUOR
LIQUOR
SALES
PRCE CIVIC ARENA
SALES & USE TAX WATER SEWER CREEKSIDE
PAYABLE TO
AMOUNT
MN DEPT OF REV
$1,943.70
MN DEPT OF REV
$47,968.00
MN DEPT OF REV
$4,051.00
MN DEPT OF REV
$2,775.00
MN DEPT OF REV
$12,456.00
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 08/13/2010
Period Ending Date: 08/07/2010
$61,249.15 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$11,841.12
$39,228.60
$4,802.45
$400.00
$1,339.60
$2,141.15
$1,247.37
$122,249.44
MN Department of Revenue
State Withholding Tax
Public Employee Retirement Association
Employee /Employer PERA/DCP Contributions
TASC
Employee Flex Spending Deductions
MNDCP
Employee Contributions - Deferred Comp
ING
Employee Contributions - Deferred Comp
ICMA Retirement Trust
Employee Contributions - Deferred Comp
MN Child Support System
Employee Deductions
Total Electronic Funds Transfer
RESOLUTION NO. 13778
• A RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED
GRANTING OF A ONE YEAR EXTENTION FOR CUSTOMER ELATION TO ACHIEVE
JOB CREATION GOALS
WHEREAS, Minnesota Statutes 116J.994 Subd.6 allow grantors of a public
subsidy to grant an extension of up to one year for a recipient to achieve its job
creation goals, following a public hearing, and;
WHEREAS, Customer Elation has thus far created 85 of its required 100 FTE
jobs;
THEREFORE BE IT RESOLVED by the City Council of the City of
Hutchinson, that a public hearing on a proposal to grant an extension of up to one
year for Customer Elation to achieve its job creation goals is hereby called and shall
be held on September 14th at 6:00 PM, at the City of Hutchinson Council Chambers,
located at City Center, 111 Hassan Street SE, Hutchinson, Minnesota.
Adopted by the City Council this 24th day of August, 2010,
1]
ATTEST:
Gary D. Plotz
City Administrator
•
Steven W. Cook
Mayor
q ��)
An Economic Development Authority
MEMORANDUM
Date: August 19, 2010
To: Honorable Mayor & City Council
From: Miles R. Sepp I
EDA Director
RE: Public Hearing on Business Subsidies for Customer Elation
Approximately two years ago the City of Hutchison provided public assistance to Customer
Elation on the condition that they create 100 full -time (or full -time equivalent) jobs within two
years.
Thus far Customer Elation has created only 85 of the required 100 FTE jobs.
Minnesota's Business Subsidy law requires the company repay the assistance it received on an
accelerated basis, unless the city grants a one -year extension for Customer Elation to create
the required 100 jobs.
To grant the extension, a public hearing is required, and a resolution to that effect must be
passed by the City Council.
Since Customer Elation came to Hutchinson it has been a very good corporate citizen and has
been hiring on a consistent basis since it opened. There is no doubt that it will create the 100
jobs required, and ultimately go far beyond that number of employees.
A one -year extension is therefore being requested to allow the company to hit its job creation
target.
I will have a short presentation and additional details at the City Council meeting Tuesday.
In the meantime, if you have any questions or need additional information, please give me a call
at 234 -4223.
Thank you for your time and consideration
9 1q,�
RESOLUTION NO. 13777
RESOLUTION APPROVING A ONE -YEAR EXTENTION
FOR CUSTOMER ELATION TO ATTAIN JOB CREATION GOALS
WHEREAS, the City of Hutchinson has provided business subsidies to Customer Elation on
the understanding that 100 full -time or full -time equivalent jobs would be created with two
years of opening, and;
WHEREAS, Customer Elation has thus far created 85 full -time equivalent jobs and
continues to hire new employees, and;
WHEREAS, Minnesota Statutes 116J.994 (Subd. 6) gives the City the authority to grant a
one -year extension to allow the company to meet its wage and job creation goals, and;
WHEREAS, the City Council of the City of Hutchinson finds that it is in the best interests of
the city and community to grant such an extension,
NOW, THEREFORE, BE IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA,
Hereby approves a one -year extension for Customer Elation to create 100 full -time or full -
time equivalent jobs.
Adopted by the City Council this 20 day of August 2010.
ATTEST:
Gary D. Plotz Steven W. Cook
City Administrator Mayor
V] bp'�
i
TO: Mayor and City Council Members
FROM: Kent Exner, Director of Public Works
RE: Energy Efficiency Project
DATE: 8/16/2010
The city has been notified by the Minnesota Office of Energy Security that they intend to award
grand funding to the city. The Energy Efficiency and Conservation Block Grant award of $100,000
and the Facility Cost Share Grant award of $39,054 must be used to complete efficiency
improvements that were identified in the grant applications. The grant agreements need to be
executed before work on the project can begin.
A project summary has been developed by Ameresco and is attached. The summary provides an
overview of the project through the many different phases of development. It includes a project
budget and the financial impact of rebates, grants, and guaranteed project savings.
Consideration of executing a Letter of Intent (LOI) with Ameresco is the next step. It is attached for
your review and consideration. The LOI will allow city staff to work with Ameresco to develop the
final project agreement. Once the agreement has been drafted the council will have the opportunity
to review it before the notice to award the project is published.
City staff welcomes your comments and will assist the council in any way we can.
� c�o)
Letter of Intent
The City of Hutchinson ( "City") has reviewed Ameresco, Inc.'s ( "Ameresco ") Project Proposal dated
February 17, 2010, which was completed and delivered as described in the Project Development
Agreement between the City and Ameresco dated October 14, 2009. The City has selected certain
improvement measures and desires to complete a project. The City has chosen Ameresco as their
provider to implement these measures under a guaranteed energy- savings contract in accordance with
Minnesota Statute 471.345.
The City intends, but is not obligated to enter into an agreement with Ameresco, based on the following
criteria:
A. Ameresco shall prepare all necessary documents in accordance with the requirements of the City's
legal counsel.
B. Ameresco shall provide services as selected by the City within the Project Proposal dated February
17, 2010 and/or such other services as mutually agreed to and documented in the definitive agreement
to be executed by the parties.
C. The definitive agreement may be awarded after the City publishes notice of the meeting in which it
proposes to award the contract to Ameresco. This award shall occur at a formally scheduled City
Council Meeting.
D. The selected improvement measures shall cost the City approximately $375,114 and the annual
savings shall be approximately $32,571. The final costs and savings will be mutually agreed to and
documented in the definitive agreement executed by the parties.
E. Upon the signing of the definitive agreement, Ameresco shall provide continued assistance to the City
in obtaining energy conservation grants and utility rebates during the term of the definitive
agreement.
CITY OF HUTCHINSON
Authorized Signature
Name
Title
Date
AMERESCO, INC.
Authorized Signature
Name
Title
Date
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and City
of Hutchinson, l I 1 Hassan Street SE, Hutchinson, MN 55350-2522 ( "Grantee's.
Recitals
1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant.
2. The State is in need of assistance in the promotion of renewable energy resources.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to
the satisfaction of the State.
Grant Contract
1 Term of Grant Contract
1.1 Effective date: 8/30/2010, or the date the State obtains all required signatures under Minnesota Statutes Section
16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work.
1.2 Expiration date: 03/31/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Govemment Data Practices and Intellectual Property; 12. Publicity and
Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; and Exhibit A, Section C.
2 Grantee's Duties
The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by
reference.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
4 Consideration and Payment
4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as
follows:
4.1.1. Compensation. The Grantee will be paid the lesser of One Hundred Thousand dollars ($100,000.00)
or Fifty -Eight and Thirteen Hundredths of a percent (58.13 %) of actual eligible costs incurred in the
performance of the Grantee's duties according to the breakdown of costs contained in the grant budget
(Exhibit B) which is attached to and incorporated into this grant contract.
4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred
by the Grantee as a result of this grant contract will not exceed Zero dollars ($ 0.00); provided that the
Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater
amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of
Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred
outside Minnesota unless it has received the State's prior written approval for out of state travel.
Minnesota will be considered the home state for determining whether travel is out of state.
4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed One Hundred Thousand dollars ($100,000.00) or
Fifty -Eight and Thirteen Hundredths of a percent (58.13 %) of the total actual, eligible costs
incurred in the performance of the Grantee's duties specified in Exhibit A.
4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract
will be met by Grantee: No less than Forty-One and Eighty -Seven Hundredths of a percent (41.87 %) of the
total actual, eligible costs incurred in the performance of the Grantee's duties specified in Exhibit A.
G -City of Hutchinson - Commerce
G=t (Rev. 11/08)
1 /)
Payment
4.2.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the schedule as outlined in Exhibit A.
4.2.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the
State through Title III, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and
amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding from
the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for
compliance with all federal requirements imposed on these funds and accepts full financial
responsibility for any requirements imposed by the Grantee's failure to comply with federal
requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Bruce Nelson, Senior Engineer, 651- 297 -2313, or their successor, and has
the responsibility to monitor the Grantee's performance and the authority to accept the services provided under this
grant contract. If the services are satisfactory, the State's Authorized Representative will certify acceptance on each
invoice submitted for payment.
The Grantee's Authorized Representative is Gary Plotz, City Administrator, 320 - 234 -5612, or their successor. If
the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must
immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant contract, or their successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes
of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the
Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
G -City Hutchinson - Commerce � 2
Grant (Rev. v. 11/08) 1/08)
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as
it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to
in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the
requesting party before the data is released.
10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant
contract do not and will not infringe upon any intellectual property rights of another, including but not limited
to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and
defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is
based on a claim that all or part of the materials infringe upon the intellectual property rights of another.
Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs,
and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract,
amendments and supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the
State's discretion, either procure for the State the right or license to continue using the materials at issue or
replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be
exclusive to other remedies provided by law.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no way
the State's obligation or responsibility.
12 Publicity and Endorsement
12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
12.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the STATE. The STATE may cancel this grant contract at anytime, with or without cause,
upon 30 days written notice to the GRANTEE. Upon termination, the GRANTEE will be entitled to payment,
determined on a pro rata basis, for services satisfactorily performed.
G -City of Hutchinson - Commerce ' ( J � �`\
Grant (Rev. 11/08)
14.2 Termination for Cause. The STATE may cancel this Grant Contract immediately if the STATE finds that
there has been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not
been made or that the purposes for which the funds were granted have not been or will not be fulfilled. The
STATE may take action to protect the interests of the State of Minnesota, including the refusal to disburse
additional funds and requiring the return of all or part of the funds already disbursed.
14.3 Termination jor /nsujTicient Funding. The State may immediately terminate this Grant Contract if 1)
funding for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain
funding from the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a
level sufficient to allow for the payment of the services covered here. Termination must be by written or fax
notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if the Grant Contract is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding
within a reasonable time of the State's receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could
result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Davis -Bacon Act (DBA) Requirements
Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on
construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be
paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by
the Secretary of Labor in accordance with subchapter W of chapter 31 of title 40, United States Code). Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued
regulations 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Wage determinations can be
found at: www.wdol.gov and additional information on DBA Requirements can be found at: www.dol.gov /csa/whd.
This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the
Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if
proposed work includes such activities, the state will hold the Grantee responsible for all federal requirements
involving DBA wages and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to
their program.
17 Waste Management Plan
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and
describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light
bulbs, lead paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a
result of the project.
18 Compliance with National Historic Preservation Act
Prior to the expenditure of federal funds, if applicable, projects must be evaluated to determine if they are subject to
review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106
applies to projects that may affect properties listed in or eligible for listing in the National Register of Historic
Places. Properties meeting the following criteria will be subject to Section 106 review:
• Is at least 45 years old; and
• Listed in or eligible for listing in the NRHP (either individually or as part of a district);
G -City of Hutchinson - Commerce blsp� 4
Grant(Rev. 11/08)
• Any project involving ground disturbing activity (excavation, utility installation, etc.).
It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation.
Intentional efforts to circumvent these requirements by altering or damaging a historic property that is a candidate
for federal grant funding will be construed as "anticipatory demolition' as defined in section 110k of the NHPA as
follows:
Section 110 [16 U.S.C. 470h -2(k) Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency
will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to
which the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur,
unless the agency, after consultation with the [Advisory Council on Historic Preservation], determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.
Initiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may
cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of
federal funding.
19 Disadvantaged Business Enterprises
Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the
extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training
programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in
Minnesota Statutes, section 16C.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply.
20 Buy American
The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American
Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used for the construction,
alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured
goods used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of
quantity or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest,
must be submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include
the information and applicable supporting data required by 2 CFR 176.140(c) and (d) in the request. Exceptions
must be approved by the State and the United States Department of Energy.
Additional information, including category exclusions and exceptions, on Buy American can be found at:
wwwl .eere. energy. gov / recovery/buy_american_provision.htm I.
Continued on the next page.
G -City of Hutchinson - Commerce
Grant (Rev_ n /OA) b1�5
21 Reporting
Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act
funds must comply with the extensive reporting requirements." The GRANTEE must submit progress reports
detailing the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding
including percent of project completion to the STATE by the 5th day of each month for the preceding month's work.
If a GRANTEE does not comply with this requirement the STATE reserves the right to withhold funding.
1. STATE ENCUMBRANCE VERIFICATION 3. MN DEPARTMENT OF COMMERCE
Individual certifies that funds have been encumbered as Individual certifies thatfutds have been encumbered as
required by Minn Stat. §§ 16A. 15 and 160.05 required by Minn. Slat. §§ 16A.15 and 160.05.
Signed: By:
Date: Title:
CFMS: Date:
2. CITY OF HUTCHINSON
The Grantee certifies that the appropriate person(s) have executed
the grant contract on behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By: Distribution:
MN Dept. of Commerce, Accounting Dept.
T Grantee
Title:
State's Authorized Representative (copy)
Date:
By:
Title:
Date:
G -City of Hutchinson - Commerce (I 6
Grant (Rev. 11/08) l.X��
Exhibit A
Grantee's Duties
A. GRANTEE shall do all things necessary to complete the following tasks:
T"i1 kit Annrove&Measures and Pundina. ' Grant= s' Matcb : ' TotaV, Hate
1
Hutchinson CreekSide Soils facility:
Replace 42 Hi -bay fixtures with fluorescents and replace
40OW MH fixture with T81-10
$19,336
$13,928
$33,264 03/31/11
2
Hutchinson Area Transport. Services:
Replace 46 Hi -bay fixtures with fluorescents and replace
40OW MH fixture with T81-10
$16,573
$11,939
$28,512 03/31/11
3
Hutchinson Police Department:
Replace 32 4 -lamp T8 fixtures with 3 -lamp 28W and replace
55 2-lamp T8 fixtures with 28W
$3,546
$2,555
$6,101 03/31/11
4
Hutchinson Public Library:
Relamp 360 32W lamps to 28W and replace 40OW MH
lamp with a 320W PS MH
$4,145
$2,985
$7,130 03/31/11
g
Hutchinson Evergreen Dining Hall:
Replace 42 decorative lamp fixtures with 28W, replace 2 -
vanity lamps with 16W lamps, and replace 16 T -12 fixtures
with T -828W
$1,710
$1,230
$2,940 03/31/11
6
Hutchinson Events Center:
Relamp 140 fixtures with 28W and relamp 38 32W fixtures
with 28W
$9,400
$6,770
$16,170 03131/11
7
Hutchinson water treatment facility:
Install variable frequency drives on 2 motors
$45,290
$32,620
$77,910 03/31/11
Total Cost $100,000 $72,027`: ^$172,02 -tj
B. Eligible Costs
Eligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures specified in Table 1; and
2. Remove, store, transport and dispose of waste materials generated.
Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre- approved in
writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this grant agreement totaling $25,000 or more.
C. Payments- Reporting
Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not
later than the 5h day of each month for the preceding month's work. Grantee shall submit progress reports and
payment requests on the form provided as Exhibit B of this grant agreement.
Grantee further agrees to maintain and provide energy consumption data for the building being improved through the
B3 public building benchmarking database by:
a) entering base line data for the year prior to the grant agreement; and
b) entering monthly data for a period of three years after the energy efficiency improvements(s) have been made.
D. Acceptance Testing Documentation (If Applicable)
Grantee shall submit to Office of Energy Security (DES) acceptance testing documentation required by Minnesota
Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final
G -City of Hutchinson - Commerce 7
Grmt (Rev. 11/08)
reimbursement for these types of modifications will not be made until the acceptance testing documentation is
received by OES.
E. Promotional Materials
All promotional and informational materials distributed by or for the Grantee shall contain the following statement:
"This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is
waived in writing by the State.
G -City of Hutchinson - Commerce ' (J-6) Grant (Rm 11/08)
SAMPLE ONLY
d
G -City of Hutchinson - Commerce
Gant (Rev. 11/08)
Exhibit B
p�poftce of
. '3r�cuiiy
Date:
—
,t-Progress Report and Payment Request #
GRANTEE: My of Hutchinson
Grant % 5a135i
Reporting Month
(FMSiS
Match % alsi%
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and
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$ T.M
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decaatiw lamp natures wt%21M'. replan 2
vanity lamp wM l6W lamps, r nyaw Ib T -12
fizWrea vrlth ra AW
$ 4W
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5 142TD
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vyia61e ln9aanW tlriwson3mobn
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by TnMnF wiYl flygaFgnn iRp ryplaq gppW
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MMW and replanLL MN lamp wifit a3MW
Hame:
PS MH
3 FWttltinson Ewrpaen Ilning XYI: Replan Q
Mraadw I—P r.. witA 2➢W, np1ra2
vnlry lanes 16W leap, altl replae M T -E2
fi. -IWth T,SMW
Tue.
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6Wu jnoon Ewnts G.,, Mi., 1M1 fiaWnF
with zBW mar ralamp 3R 32W futures viiM
-
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yylaa.rrtawnw adwaanzrrwtan
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-
G -City of Hutchinson - Commerce
Grant (Rev. 11/08)
10
Exhibit C
Clause L Davis Bacon Act and Contract Work Hours and Safety Standards Act.
Definitions: For purposes of this clause, Clause 1, Davis Bacon Act and Contract Work Hours and Safety Standards Act,
the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with
Recovery Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance
with the labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed
by all laborers and mechanics employed by Recipients (other than a unit of State or local government whose own
employees perform the construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors,
subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government
where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance
instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub
awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a
financial assistance instrument with a unit of State or local government where construction is performed by its
own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who
is responsible for the business management and non -program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form
of a grant, cooperative agreement, or technology investment agreement directly from the Federal Government
and is financially accountable for the use of any DOE funds or property, and is legally responsible for carrying
out the terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money,
made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier Subrecipient.
The term includes financial assistance when provided by any legal agreement, even if the agreement is called a
contract, but does not include the Recipient's procurement of goods and services to carry out the program nor
does it include any form of assistance which is excluded from the definition of "Award" above.
(7) "Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to carry out a
Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and, without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
G -City of Hutchinson - Commerce ; t ( 11
Grant (Rev. 11 /08) t,I)
mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in § 5.5(ax4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein, provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional classification
and wage rates conformed under paragraph (a)(1)(ii) of this section) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30 -day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer
the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(axl)(iixB) or (C) of this section, shall be paid to all workers performing work in the classification under
this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
G -City of Hutchinson - Commerce `Q�, 12
Grant (Rev. 11 /08) I
(2) Withholding.
The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other Federal contract with the same prime contractor, or any other federally- assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of
wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937
or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages
required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section 1(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under
29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section I(b)(2)(B) of the
Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed
a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include
an individually identifying number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web
site at hftp:// www. dol. gov /esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor
is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to the Department of Energy if the agency is a party to
the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the
Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records, without weekly submission to the
G -City of Hutchinson - Commerce �\ 13
Grant (Rev. I1/08) J
sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under §
5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §
5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United
States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the
Department of Energy or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
G -City of Hutchinson - Commerce I gyp_\ 14
Grant (Rev. I1/08) (b)
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
G -City of Hutchinson - Commerce O l r ^� 15
Grmt(Rev_IVOR) l✓
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its
subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (b)(l) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor,
or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (b)(1) through (4) of this section.
G -City of Hutchinson - Commerce ' D CG� 16
Grant (Rev. 11/08)
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the Contract for all laborers and
mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and
address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under
this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription
by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
G -City of Hutchinson - Commerce 17
Grant (Rev. 11 /08) ` fv� ff^ �
STATE OF MINNESOTA
GRANT CONTRACT
This grant contract is between the State of Minnesota, acting through its commissioner of Commerce ( "State ") and City
of Hutchinson, 111 Hassan Street SE, Hutchinson, MN 55350 -2522 ( "Grantee ").
Recitals
1. Under Minnesota Statute §216C.02 Subdivision 1, the State is empowered to enter into this grant.
2. The State is in need of assistance in the promotion of renewable energy resources.
3. The Grantee represents that it is duly qualified and agrees to perform all services described in this grant contract to
the satisfaction of the State.
Grant Contract
Term of Grant Contract
1.1 Effective date: 08/30/2010, or the date the State obtains all required signatures under Minnesota Statutes
Section 16C.05, subdivision 2, whichever is later.
The Grantee must not begin work under this grant contract until this contract is fully executed and the
Grantee has been notified by the State's Authorized Representative to begin the work
1.2 Expiration date: 6/30/2011, or until all obligations have been satisfactorily fulfilled, whichever occurs first.
1.3 Survival of Terms. The following clauses survive the expiration or cancellation of this grant contract: 8.
Liability; 9. State Audits; 10. Government Data Practices and Intellectual Property; 12. Publicity and
Endorsement; 13. Governing Law, Jurisdiction, and Venue; 15. Data Disclosure; and Exhibit A, Section C.
2 Grantee's Duties
The Grantee, who is not a state employee, will execute the duties set forth in Exhibit A, incorporated herein by
reference.
3 Time
The Grantee must comply with all the time requirements described in this grant contract. In the performance of this
grant contract, time is of the essence.
Consideration and Payment
4.1. Consideration. The State will pay for all services performed by the Grantee under this grant contract as
follows:
4.1.1. Compensation. The Grantee will be paid the lesser of Thirty -Nine Thousand Fifty -Four dollars
($39,054.00) or Fifty percent (50.00 %) of actual eligible costs incurred in the performance of the
Grantee's duties according to the breakdown of costs contained in the grant budget (Exhibit A) which
is attached to and incorporated into this grant contract.
4.1.2. Travel Expenses. Reimbursement for travel and subsistence expenses actually and necessarily incurred
by the Grantee as a result of this grant contract will not exceed Zero dollars (S 0.00); provided that the
Grantee will be reimbursed for travel and subsistence expenses in the same manner and in no greater
amount than provided in the current "Commissioner's Plan" promulgated by the commissioner of
Employee Relations. The Grantee will not be reimbursed for travel and subsistence expenses incurred
outside Minnesota unless it has received the State's prior written approval for out of state travel.
Minnesota will be considered the home state for determining whether travel is out of state.
4.1.3. Total Obligation. The total obligation of the State for all compensation and reimbursements to the
Grantee under this grant contract will not exceed Thirty-Nine Thousand Fifty -Four dollars
($39,054.00) or Fifty percent (50.00 %) of the total actual, eligible costs incurred in the performance of
the Grantee's duties specified in Exhibit A.
4.2. Matching Requirements. The Grantee certifies that the following matching requirement for the grant contract
will be met by Grantee: No less than Fifty percent (50.00 %) of the total actual, eligible costs incurred in the
performance of the Grantee's duties specified in Exhibit A.
G -City of Hutchinson - Commerce T�
Grmt (Rev. 08/10) D ��
4.3. Payment
4.3.1. Invoices. The State will promptly pay the Grantee after the Grantee presents an itemized invoice for the
services actually performed and the State's Authorized Representative accepts the invoiced services.
Invoices must be submitted timely and according to the schedule as outlined in Exhibit A.
4.3.2. Federal funds. Payments under this grant contract will be made from federal funds obtained by the
State through Title II1, part D, of the Energy Policy and Conservation Act (42 U.S.C. 6321 et seq. and
amendments thereto; CFDA No. 81.128. Payments under this grant contract also include funding from
the American Recovery and Reinvestment Act of 2009 (ARRA). The Grantee is responsible for
compliance with all federal requirements imposed on these funds and accepts full financial
responsibility for any requirements imposed by the Grantee's failure to comply with federal
requirements.
5 Conditions of Payment
All services provided by the Grantee under this grant contract must be performed to the State's satisfaction, as
determined at the sole discretion of the State's Authorized Representative and in accordance with all applicable
federal, state, and local laws, ordinances, rules, and regulations. The Grantee will not receive payment for work
found by the State to be unsatisfactory or performed in violation of federal, state, or local law.
6 Authorized Representative
The State's Authorized Representative is Abby Finis, Energy Programs Specialist, 651 - 296 -6205, or their
successor, and has the responsibility to monitor the Grantee's performance and the authority to accept the services
provided under this grant contract. If the services are satisfactory, the State's Authorized Representative will certify
acceptance on each invoice submitted for payment.
The Grantee's Authorized Representative is Gary Plotz, City Administrator, 320 -234 -5612, or their successor. If
the Grantee's Authorized Representative changes at any time during this grant contract, the Grantee must
immediately notify the State.
Assignment, Amendments, Waiver, and Grant Contract Complete
7.1 Assignment. The Grantee may neither assign nor transfer any rights or obligations under this grant contract
without the prior consent of the State and a fully executed Assignment Agreement, executed and approved by
the same parties who executed and approved this grant contract, or thew successors in office.
7.2 Amendments. Any amendment to this grant contract must be in writing and will not be effective until it has
been executed and approved by the same parties who executed and approved the original grant contract, or
their successors in office.
7.3 Waiver. If the State fails to enforce any provision of this grant contract, that failure does not waive the
provision or its right to enforce it.
7.4 Grant Contract Complete. This grant contract contains all negotiations and agreements between the State and
the Grantee. No other understanding regarding this grant contract, whether written or oral, may be used to
bind either party.
8 Liability
The Grantee must indemnify, save, and hold the State, its agents, and employees harmless from any claims or causes
of action, including attorney's fees incurred by the State, arising from the performance of this grant contract by the
Grantee or the Grantee's agents or employees. This clause will not be construed to bar any legal remedies the
Grantee may have for the State's failure to fulfill its obligations under this grant contract.
9 State Audits
Under Minn. Stat. § 16C.05, subd. 5, the Grantee's books, records, documents, and accounting procedures and
practices relevant to this grant contract are subject to examination by the State and/or the State Auditor or
Legislative Auditor, as appropriate, for a minimum of six years from the end of this grant contract.
G -City of Hutchinson - Commerce `
Grant (Rev. 08110) f
10 Government Data Practices and Intellectual Property
10.1. Government Data Practices. The Grantee and State must comply with the Minnesota Government Data
Practices Act, Minn. Stat. Ch. 13, as it applies to all data provided by the State under this grant contract, and as
it applies to all data created, collected, received, stored, used, maintained, or disseminated by the Grantee
under this grant contract. The civil remedies of Minn. Stat. § 13.08 apply to the release of the data referred to
in this clause by either the Grantee or the State.
If the Grantee receives a request to release the data referred to in this Clause, the Grantee must immediately
notify the State. The State will give the Grantee instructions concerning the release of the data to the
requesting party before the data is released.
10.2. Intellectual Property Rights. Grantee represents and warrants that materials produced or used under this grant
contract do not and will not infringe upon any intellectual property rights of another, including but not limited
to patents, copyrights, trade secrets, trade names, and service marks and names. Grantee shall indemnify and
defend the State, at Grantee's expense, from any action or claim brought against the State to the extent that it is
based on a claim that all or part of the materials infringe upon the intellectual property rights of another.
Grantee shall be responsible for payment of any and all such claims, demands, obligations, liabilities, costs,
and damages including, but not limited to reasonable attorneys' fees arising out of this grant contract,
amendments and supplements thereto, which are attributable to such claims or actions.
If such a claim or action arises, or in Grantee's or the State's opinion is likely to arise, Grantee shall, at the
State's discretion, either procure for the State the right or license to continue using the materials at issue or
replace or modify the allegedly infringing materials. This remedy shall be in addition to and shall not be
exclusive to other remedies provided by law.
11 Workers' Compensation
The Grantee certifies that it is in compliance with Minn. Stat. § 176.181, subd. 2, pertaining to workers'
compensation insurance coverage. The Grantee's employees and agents will not be considered State employees.
Any claims that may arise under the Minnesota Workers' Compensation Act on behalf of these employees and any
claims made by any third party as a consequence of any act or omission on the part of these employees are in no way
the State's obligation or responsibility.
12 Publicity and Endorsement
12.1. Publicity. Any publicity regarding the subject matter of this grant contract must identify the State as the
sponsoring agency and must not be released without prior written approval from the State's Authorized
Representative. For purposes of this provision, publicity includes notices, informational pamphlets, press
releases, research, reports, signs, and similar public notices prepared by or for the Grantee individually or
jointly with others, or any subcontractors, with respect to the program, publications, or services provided
resulting from this grant contract.
12.2. Endorsement. The Grantee must not claim that the State endorses its products or services.
13 Governing Law, Jurisdiction, and Venue
Minnesota law, without regard to its choice -of -law provisions, governs this grant contract. Venue for all legal
proceedings out of this grant contract, or its breach, must be in the appropriate state or federal court with competent
jurisdiction in Ramsey County, Minnesota.
14 Termination
14.1 Termination by the State. The State may cancel this grant contract at any time, with or without cause, upon 30
days written notice to the Grantee. Upon termination, the Grantee will be entitled to payment, determined on a
pro rata basis, for services satisfactorily performed.
14.2 Termination for Cause. The State may cancel this Grant Contract immediately if the State finds that there has
been a failure to comply with the provisions of this Grant Contract, that reasonable progress has not been made
or that the purposes for which the funds were granted have not been or will not be fulfilled. The State may take
action to protect the interests of the State of Minnesota, including the refusal to disburse additional funds and
G -City of Hutchinson - Commerce
Grant (Rev. 08 /10) ) b L+�✓
requiring the return of all or part of the funds already disbursed.
14.3 Termination for Insufficient Funding. The State may immediately terminate this Grant Contract if: 1)
funding for Grant No. DE- EE0000757 is withdrawn by the US Department of Energy; 2) it does not obtain
funding from the Minnesota Legislature, or other funding source; or 3) if funding cannot be continued at a
level sufficient to allow for the payment of the services covered here. Termination must be by written or fax
notice to the Grantee. The State is not obligated to pay for any services that are provided after notice and
effective date of termination. However, the Grantee will be entitled to payment, determined on a pro rata basis,
for services satisfactorily performed to the extent that funds are available. The State will not be assessed any
penalty if the Grant Contract is terminated because of the decision of the Minnesota Legislature, or other
funding source, not to appropriate funds. The State must provide the Grantee notice of the lack of funding
within a reasonable time of the State's receiving that notice.
15 Data Disclosure
Under Minn. Stat. § 270C.65, Subd. 3, and other applicable law, the Grantee consents to disclosure of its social
security number, federal employer tax identification number, and/or Minnesota tax identification number, already
provided to the State, to federal and state tax agencies and state personnel involved in the payment of state
obligations. These identification numbers may be used in the enforcement of federal and state tax laws which could
result in action requiring the Grantee to file state tax returns and pay delinquent state tax liabilities, if any.
16 Davis -Bacon Act (DBA) Requirements
Section 1606 of ARRA requires that all laborers and mechanics employed by contractors and subcontractors on
construction, alteration, or repair projects funded directly by or assisted in whole or in part by ARRA Funds shall be
paid wages at rates not less than those prevailing on projects of a similar character in the locality as determined by
the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40, United States Code). Pursuant to
Reorganization Plan No. 14 and the Copeland Act, 40 USC 3145, the United States Department of Labor has issued
regulations 29 CFR Parts 1, 3, and 5 to implement the Davis -Bacon and related Acts. Wage determinations can be
found at: www.wdol.gov and additional information on DBA Requirements can be found at: www.dol.gov /esa/whd.
This contract does not explicitly or implicitly require that a scope of work proposed to satisfy the outcomes of the
Grantee's Program must include activities of a nature and scope that require DBA compliance. However, if
proposed work includes such activities, the state will hold the Grantee responsible for all federal requirements
involving DBA wages and reporting. It is the responsibility of the Grantee to determine if DBA wages will apply to
their program.
17 Waste Management Plan
The Grantee is required to comply with all Federal, state and local regulations for waste disposal for projects funded
through the Grantee's program. Loan recipients must address waste generated by the project, if applicable, and
describe the plan to dispose of any sanitary or hazardous waste (e.g., construction and demolition debris, old light
bulbs, lead paint, lead ballasts, piping, roofing material, discarded equipment, debris, and asbestos) generated as a
result of the project.
18 Compliance with National Historic Preservation Act
Prior to the expenditure of federal funds, if applicable, projects must be evaluated to determine if they are subject to
review under Section 106 of the National Historic Preservation Act (NHPA) of 1966 (36CFR 800). Section 106
applies to projects that may affect properties listed in or eligible for listing in the National Register of Historic
Places. Properties meeting the following criteria will be subject to Section 106 review:
• Is at least 45 years old; and
• Listed in or eligible for listing in the NRHP (either individually or as part of a district);
• Any project involving ground disturbing activity (excavation, utility installation, etc.).
It is the responsibility of the Grantee to provide information needed to complete the Section 106 evaluation.
Intentional efforts to circumvent these requirements by altering or damaging a historic property that is a candidate
for federal grant funding will be construed as "anticipatory demolition" as defined in section I 10k of the NHPA as
G -City of Hutchinson - Commerce ` /�
Grmt(Rev. 08/10) 1 uh.,
follows:
Section 110 [/6 U.S.C. 470h -2(k) — Anticipatory demolition]; (k) Each Federal agency shall ensure that the agency
will not grant a loan, loan guarantee, permit, license, or other assistance to an applicant who, with intent to avoid the
requirements of section 106 of this Act, has intentionally significantly adversely affected a historic property to
which the grant would relate, or having legal power to prevent it, allowed such significant adverse effect to occur,
unless the agency, after consultation with the [Advisory Council on Historic Preservation], determines that
circumstances justify granting such assistance despite the adverse effect created or permitted by the applicant.
Initiating a grant funded project before reviews required under Section 106 of the NHPA have been completed may
cause significant delays in the release of grant funds, require negotiated mitigation, or result in an outright loss of
federal funding.
19 Disadvantaged Business Enterprises
Projects funded in whole or in part from funds received by the Grantee directly from this grant contract must, to the
extent practicable, ensure that bidding contractors are qualified and participate in available apprentice and training
programs for all work performed. Bidding for contracts must, to the extent practicable, use the process established in
Minnesota Statutes, section 16C.16, subdivision 4, 5, 6 and 7, except that subdivision 12 does not apply.
20 Buy American
The Grantee confirms that, if applicable, it is in compliance with the Buy American provision in the American
Reinvestment and Recovery Act of 2009 (ARRA) (Section 1605 of Title XI) which directs that, subject to certain
exceptions, no funds appropriated or otherwise made available for a project may be used for the construction,
alteration, maintenance, or repair of a public building or public work unless all the iron, steel, and manufactured
goods used are produced in the United States.
A Grantee requesting a determination regarding the inapplicability of the Buy American restrictions for lack of
quantity or quality, increase of cost of the project by more than 25 percent, or inconsistency with the public interest,
must be submitted to the State prior to the execution of the grant agreement. The prospective Grantee shall include
the information and applicable supporting data required by 2 CFR 176.140(c) and (d) in the request. Exceptions
must be approved by the State and the United States Department of Energy.
Additional information, including category exclusions and exceptions, on Buy American can be found at:
wwwI.eere.energy.gov/recovery/buy_american_provision.htmi.
Continued on the next page.
G -City of Hutchinson - Commerce ()(k> `
Grmt(Rev. 08 /10) I
21 Reporting
Section 1512 of the American Recovery and Reinvestment Act of 2009 (ARRA) states recipients of "Recovery Act
funds must comply with the extensive reporting requirements." The Grantee must submit progress reports detailing
the progress and tasks completed of the grant agreement funded in whole, or in part, with ARRA funding including
percent of project completion to the State by the 5th day of each month for the preceding month's work. If a Grantee
does not comply with this requirement the State reserves the right to withhold funding.
Laws of Minnesota 2009, Chapter 138, Article 5, Section 2 (accountability and transparency reporting) specifies
additional recipient reporting requirements, including but not limited to data regarding hiring practices forjobs
retained or created under this agreement. The Grantee shall report this information on a form prescribed by the State
which must be submitted to the State by the 5th day of each month for the preceding month's work. If a Grantee
does not comply with this requirement the State reserves the right to withhold funding.
I. STATE ENCUMBRANCE VERIFICATION
Individual certifies thatfunds have been encumbered as
required by Minn. Stal. §§ 16A.15 and 16C.05
Signed:
Date:
CFMS:
2. CITY OF HUTCHINSON
The Grantee certifies that the appropriate person(s) have executed
the grant contract on behalf of the Grantee as required by applicable
articles, bylaws, resolutions, or ordinances.
By:
Title:
Date:
By:
Title:
Date:
G -City of Hutchinson - Commerce
Grant (Rev. 08110)
3. MN DEPARTMENT OF COMMERCE
Individual certoes that funds have been encumbered as
required by Minn. Slat. §§ 16A. 15 and 16C.05.
0
Title:
Date:
Distribution:
MN Dept. Df Commerce, Accounting Dept.
Grantee
State's Authorized Representative (copy)
I U-6)
Exhibit A
Grantee's Duties
A. GRANTEE shall do all things necessaryto complete the following tasks:
WiLK U:; ppruved.Mltasuresandlunding:: '. Goats ,' Completion :
Dat
I
Hutchinson Airport:
$ 13,726.00
6/30/2011
1.1 Increase lighting efficiency- replacement of 29 fixtures; install 15 sensors
2
Liquor Hutch
$ 9,247.00
6/30/2011
2.1 Increase lighting efficiency- replacement of 87 fixtures
3
Hutchinson City Center
$ 37,834.00
6/30/2011
3.1 Increase lighting efficiency - replacement of 384fixtures; install 79
sensors
4
Civic Ice Arena
$ 17,301.00
6/30/2011
4.1 Increase lighting efficiency - replacement of 114 fixtures; install 34
sensors
Total Gaskt
$ 787108.00
°/a oiTotal
Total Matehi
$ 39,054.00
50%
Total GrauV_
$ 39,054.00
50%
B. Eligible Costs
Eligible costs include necessary and reasonable costs incurred for subcontractors to:
1. Design, acquire, install and commission measures specified in Table 1; and
2. Remove, store, transport and dispose of waste materials generated.
Eligible costs include actual costs incurred by subcontractors. Other expenses may be eligible only if pre- approved in
writing by the State's Authorized Representative. Please note: A DUNS number is required for any subcontractor
receiving direct funding from this grant agreement totaling $25,000 or more.
C. Payments - Reports
Grantee shall submit monthly progress reports and payment requests for reimbursement of eligible costs incurred not
later than the 5's day of each month for the preceding month's work. Grantee shall submit progress reports and
payment requests on the form provided as Exhibit B of this grant agreement.
Grantee further agrees to provide the following energy consumption data for the facility or portion(s) of the facility
being improved to demonstrate energy savings achieved:
a) Base line monthly data for the year prior to the grant agreement; and
b) Once annually provide monthly data for a period of three years from the date of the grant agreement.
The intent of reporting this energy consumption data is to provide, as closely as possible, documentation of actual
reduction of energy consumption achieved as a result of the project improvements funded by this grant.
D. Acceptance Testing Documentation (If Applicable)
Grantee shall submit to Office of Energy Security (OES) acceptance testing documentation required by Minnesota
Rules Part 1323.0672, Subpart 3, for modifications to heating, ventilating and/or air conditioning systems. Final
reimbursement for these types of modifications will not be made until the acceptance testing documentation is
received by OES.
E. Promotional Materials
All promotional and informational materials distributed by or for the Grantee shall contain the following statement:
"This project was made possible by a grant from the U.S. Department of Energy and the Minnesota Department of
Commerce through the American Recovery and Reinvestment Act of 2009 (ARRA)," unless this requirement is
G -City of Hutchinson - Commerce I �J `_�
Grmt (Rev. 08/10)
waived in writing by the State.
G -City of Hutchinson - Commerce
Grant (Rev. 08110)
I
1') i
SAMPLE ONLY
85 7th Place La,,. Sunc 500, So. Paul, SIN 55101-2198
M,mwut�
Date:
MONTHLY GRANT PROGRESS REPORT AND PAYMENT REQUEST
Progress Report and Payment Request q G
GRANTEE: C
City of Hutchinson G
Grant % 5
50.0w%
Reporting Month v
CFMS# M
Match % 5
5o.BB50.00111%
v. C
Labor Hrs tabor Hrs I Notes
em Previously for Total
# r Anoroved Measure Reported This Period LaborHrs
1.1 Replace 29 lighting fixtures; install 15 sensors
2.1 Replace87 lighting fixtures
3.1 Replace 394 lighting fixtures; install 79 sensors
4.1 Replace 114 lighting fixtures; install 34 sensors
Total -
Exhibit B
Grant Funds
Requested for
Certification
I certify that, to the best of my knowledge, the information provided herein is true.
Signature:
Name:_
Title:
G -City of Hutchinson - Commerce 8
Grmt (Rev. 08/10)
Date:
1'
O
G -City of Hutchinson - Commerce
Grwi(Rev. 08 /10)
Exhibit C
Clause I. Davis Bacon Act and Contract Work Hours and Safety Standards Act.
Definitions: For purposes of this clause, Clause 1, Davis Bacon Act and Contract Work Hours and Safety Standards Act,
the following definitions are applicable:
(1) "Award" means any grant, cooperative agreement or technology investment agreement made with Recovery
Act funds by the Department of Energy (DOE) to a Recipient. Such Award must require compliance with the
labor standards clauses and wage rate requirements of the Davis -Bacon Act (DBA) for work performed by all
laborers and mechanics employed by Recipients (other than a unit of State or local government whose own
employees perform the construction) Subrecipients, Contractors, and subcontractors.
(2) "Contractor" means an entity that enters into a Contract. For purposes of these clauses, Contractor shall
include (as applicable) prime contractors, Recipients, Subrecipients, and Recipients' or Subrecipients' contractors,
subcontractors, and lower -tier subcontractors. "Contractor" does not mean a unit of State or local government
where construction is performed by its own employees."
(3) "Contract" means a contract executed by a Recipient, Subrecipient, prime contractor, or any tier
subcontractor for construction, alteration, or repair. It may also mean (as applicable) (i) financial assistance
instruments such as grants, cooperative agreements, technology investment agreements, and loans; and, (ii) Sub
awards, contracts and subcontracts issued under financial assistance agreements. "Contract" does not mean a
financial assistance instrument with a unit of State or local government where construction is performed by its
own employees.
(4) "Contracting Officer" means the DOE official authorized to execute an Award on behalf of DOE and who is
responsible for the business management and non - program aspects of the financial assistance process.
(5) "Recipient" means any entity other than an individual that receives an Award of Federal funds in the form of
a grant, cooperative agreement, or technology investment agreement directly from the Federal Government and is
financially accountable for the use of any DOE funds or property, and is legally responsible for carrying out the
terms and conditions of the program and Award.
(6) "Subaward" means an award of financial assistance in the form of money, or property in lieu of money, made
under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower -tier subrecipient. The
term includes financial assistance when provided by any legal agreement, even if the agreement is called a
contract, but does not include the Recipient's procurement of goods and services to carry out the program nor
does it include any form of assistance which is excluded from the definition of "Award" above.
(7) "Subrecipient" means a non - Federal entity that expends Federal funds received from a Recipient to carry out a
Federal program, but does not include an individual that is a beneficiary of such a program.
(a) Davis Bacon Act
(1) Minimum wages.
(i) All laborers and mechanics employed or working upon the site of the work (or under the United States
Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),
will be paid unconditionally and not less often than once a week, and, without subsequent deduction or
rebate on any account (except such payroll deductions as are permitted by regulations issued by the
Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those
contained in the wage determination of the Secretary of Labor which is attached hereto and made a part
hereof, regardless of any contractual relationship which may be alleged to exist between the Contractor
and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of
the Davis -Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or
mechanics, subject to the provisions of paragraph (a)(1)(iv) of this section; also, regular contributions
G -City of Hutchinson - Commerce 10
Grant (Rev. 08/1e)
made or costs incurred for more than a weekly period (but not less often than quarterly) under plans,
funds, or programs which cover the particular weekly period, are deemed to be constructively made or
incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate
and fringe benefits on the wage determination for the classification of work actually performed, without
regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one
classification may be compensated at the rate specified for each classification for the time actually worked
therein, provided that the employer's payroll records accurately set forth the time spent in each
classification in which work is performed. The wage determination (including any additional classification
and wage rates conformed under paragraph (a)(l)(ii) of this section) and the Davis -Bacon poster (WH-
1321) shall be posted at all times by the Contractor and its subcontractors at the site of the work in a
prominent and accessible place where it can be easily seen by the workers.
(ii)(A) The Contracting Officer shall require that any class of laborers or mechanics, including helpers,
which is not listed in the wage determination and which is to be employed under the Contract shall be
classified in conformance with the wage determination. The Contracting Officer shall approve an
additional classification and wage rate and fringe benefits therefore only when the following criteria have
been met:
(1) The work to be performed by the classification requested is not performed by a classification in the
wage determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to
the wage rates contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the Contracting Officer agree on the classification and wage rate (including the amount
designated for fringe benefits where appropriate), a report of the action taken shall be sent by the Contracting
Officer to the Administrator of the Wage and Hour Division, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every
additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify
the Contracting Officer within the 30 -day period that additional time is necessary.
(C) In the event the Contractor, the laborers or mechanics to be employed in the classification or their
representatives, and the Contracting Officer do not agree on the proposed classification and wage rate
(including the amount designated for fringe benefits, where appropriate), the Contracting Officer shall refer
the questions, including the views of all interested parties and the recommendation of the Contracting
Officer, to the Administrator for determination. The Administrator, or an authorized representative, will issue
a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting
Officer within the 30 -day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs
(a)(lXii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under
this Contract from the first day on which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics
includes a fringe benefit which is not expressed as an hourly rate, the Contractor shall either pay the
benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash
equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third person, the Contractor may
consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in
providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has
found, upon the written request of the Contractor, that the applicable standards of the Davis -Bacon Act
have been met. The Secretary of Labor may require the Contractor to set aside in a separate account assets
for the meeting of obligations under the plan or program.
(2) Withholding.
G -City of Hutchinson - Commerce l l
Grant (Rev. 08/10)
The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of
an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor
under this Contract or any other Federal contract with the same prime contractor, or any other federally- assisted
contract subject to Davis -Bacon prevailing wage requirements, which is held by the same prime contractor, so
much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,
including apprentices, trainees, and helpers, employed by the Contractor or any subcontractor the full amount of
wages required by the Contract. In the event of failure to pay any laborer or mechanic, including any apprentice,
trainee, or helper, employed or working on the site of the work (or under the United States Housing Act of 1937
or under the Housing Act of 1949 in the construction or development of the project), all or part of the wages
required by the Contract, the Department of Energy, Recipient, or Subrecipient, may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds until such violations have ceased.
(3) Payrolls and basic records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of
the work and preserved for a period of three years thereafter for all laborers and mechanics working at the
site of the work (or under the United States Housing Act of 1937, or under the Housing Act of 1949, in the
construction or development of the project). Such records shall contain the name, address, and social
security number of each such worker, his or her correct classification, hourly rates of wages paid
(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in section I(b)(2)(B) of the Davis -Bacon Act), daily and weekly number of
hours worked, deductions made, and actual wages paid. Whenever the Secretary of Labor has found under
29 CFR 5.5(a)(1)(iv) that the wages of any laborer or mechanic include the amount of any costs
reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B) of the
Davis -Bacon Act, the Contractor shall maintain records which show that the commitment to provide such
benefits is enforceable, that the plan or program is financially responsible, and that the plan or program
has been communicated in writing to the laborers or mechanics affected, and records which show the costs
anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or
trainees under approved programs shall maintain written evidence of the registration of apprenticeship
programs and certification of trainee programs, the registration of the apprentices and trainees, and the
ratios and wage rates prescribed in the applicable programs.
(ii) (A) The Contractor shall submit weekly for each week in which any Contract work is performed
a copy of all payrolls to the Department of Energy if the agency is a party to the Contract, but if the
agency is not such a party, the Contractor will submit the payrolls to the Recipient or Subrecipient (as
applicable), applicant, sponsor, or owner, as the case may be, for transmission to the Department of
Energy. The payrolls submitted shall set out accurately and completely all of the information required
to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home
addresses shall not be included on weekly transmittals. Instead, the payrolls shall only need to include
an individually identifying number for each employee (e.g., the last four digits of the employee's
social security number). The required weekly payroll information may be submitted in any form
desired. Optional Form WH -347 is available for this purpose from the Wage and Hour Division Web
site at http:// www. dol. gov /esa/whd/forms/wh347instr.htm or its successor site. The prime Contractor
is responsible for the submission of copies of payrolls by all subcontractors. Contractors and
subcontractors shall maintain the full social security number and current address of each covered
worker, and shall provide them upon request to the Department of Energy if the agency is a party to
the Contract, but if the agency is not such a party, the Contractor will submit them to the Recipient or
Subrecipient (as applicable), applicant, sponsor, or owner, as the case may be, for transmission to the
Department of Energy, the Contractor, or the Wage and Hour Division of the Department of Labor for
purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a
violation of this section for a prime contractor to require a subcontractor to provide addresses and
social security numbers to the prime contractor for its own records, without weekly submission to the
sponsoring government agency (or the Recipient or Subrecipient (as applicable), applicant, sponsor, or
owner).
G -City of Hutchinson - Commerce 'b 12
Grmt(Rev. 08 /10) `
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the
Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons
employed under the Contract and shall certify the following:
(1) That the payroll for the payroll period contains the information required to be provided under §
5.5 (a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under §
5.5 (a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;
(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the
Contract during the payroll period has been paid the full weekly wages earned, without rebate, either
directly or indirectly, and that no deductions have been made either directly or indirectly from the full
wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;
(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe
benefits or cash equivalents for the classification of work performed, as specified in the applicable
wage determination incorporated into the Contract.
(C) The weekly submission of a properly executed certification set forth on the reverse side of
Optional Form WH -347 shall satisfy the requirement for submission of the "Statement of
Compliance" required by paragraph (a)(3)(ii)(B) of this section.
(D) The falsification of any of the above certifications may subject the Contractor or subcontractor to
civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United
States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (ax3)(i) of this
section available for inspection, copying, or transcription by authorized representatives of the
Department of Energy or the Department of Labor, and shall permit such representatives to interview
employees during working hours on the job. If the Contractor or subcontractor fails to submit the
required records or to make them available, the Federal agency may, after written notice to the
Contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension
of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required
records upon request or to make such records available may be grounds for debarment action pursuant
to 29 CFR 5.12.
(4) Apprentices and trainees-
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the
work they performed when they are employed pursuant to and individually registered in a bona fide
apprenticeship program registered with the U.S. Department of Labor, Employment and Training
Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State
Apprenticeship Agency recognized by the Office, or if a person is employed in his or her first 90 days
of probationary employment as an apprentice in such an apprenticeship program, who is not
individually registered in the program, but who has been certified by the Office of Apprenticeship
Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be
eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the
Contractor as to the entire work force under the registered program. Any worker listed on a payroll at
an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually
performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted
under the registered program shall be paid not less than the applicable wage rate on the wage
determination for the work actually performed. Where a Contractor is performing construction on a
project in a locality other than that in which its program is registered, the ratios and wage rates
(expressed in percentages of the journeyman's hourly rate) specified in the Contractor's or
G -City of Hutchinson - Commerce 13
Grmt(Rev. 08 /10) t P N,
subcontractor's registered program shall be observed. Every apprentice must be paid at not less than
the rate specified in the registered program for the apprentice's level of progress, expressed as a
percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices
shall be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the
apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of
fringe benefits listed on the wage determination for the applicable classification. If the Administrator
determines that a different practice prevails for the applicable apprentice classification, fringes shall
be paid in accordance with that determination. In the event the Office of Apprenticeship Training,
Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws
approval of an apprenticeship program, the Contractor will no longer be permitted to utilize
apprentices at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than
the predetermined rate for the work performed unless they are employed pursuant to and individually
registered in a program which has received prior approval, evidenced by formal certification by the
U.S. Department of Labor, Employment and Training Administration. The ratio of trainees to
journeymen on the job site shall not be greater than permitted under the plan approved by the
Employment and Training Administration. Every trainee must be paid at not less than the rate
specified in the approved program for the trainee's level of progress, expressed as a percentage of the
journeyman hourly rate specified in the applicable wage determination. Trainees shall be paid fringe
benefits in accordance with the provisions of the trainee program. If the trainee program does not
mention fringe benefits, trainees shall be paid the full amount of fringe benefits listed on the wage
determination unless the Administrator of the Wage and Hour Division determines that there is an
apprenticeship program associated with the corresponding journeyman wage rate on the wage
determination which provides for less than full fringe benefits for apprentices. Any employee listed on
the payroll at a trainee rate who is not registered and participating in a training plan approved by the
Employment and Training Administration shall be paid not less than the applicable wage rate on the
wage determination for the classification of work actually performed. In addition, any trainee
performing work on the job site in excess of the ratio permitted under the registered program shall be
paid not less than the applicable wage rate on the wage determination for the work actually performed.
In the event the Employment and Training Administration withdraws approval of a training program,
the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined
rate for the work performed until an acceptable program is approved.
(iii) Equal employment opportunity. The utilization of apprentices, trainees, and journeymen under
this part shall be in conformity with the equal employment opportunity requirements of Executive
Order 11246, as amended and 29 CFR part 30.
(5) Compliance with Copeland Act requirements. The Contractor shall comply with the requirements of 29 CFR
part 3, which are incorporated by reference in this Contract.
(6) Contracts and Subcontracts. The Recipient, Subrecipient, the Recipient's, and Subrecipient's contractors and
subcontractor shall insert in any Contracts the clauses contained herein in(a)(1) through (10) and such other
clauses as the Department of Energy may by appropriate instructions require, and also a clause requiring the
subcontractors to include these clauses in any lower tier subcontracts. The Recipient shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause.
(7) Contract termination: debarment. A breach of the Contract clauses in 29 CFR 5.5 may be grounds for
termination of the Contract, and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12.
(8) Compliance with Davis -Bacon and Related Act requirements. All rulings and interpretations of the Davis -
Bacon and Related Acts contained in 29 CFR parts 1, 3, and 5 are herein incorporated by reference in this
Contract.
(9) Disputes concerning labor standards. Disputes arising out of the labor standards provisions of this Contract
shall not be subject to the general disputes clause of this Contract. Such disputes shall be resolved in accordance
G -City of Hutchinson - Commerce eC�� 14
Grant (Rev. 08/10)
with the procedures of the Department of Labor set forth in 29 CFR parts 5, 6, and 7. Disputes within the
meaning of this clause include disputes between the Recipient, Subrecipient, the Contractor (or any of its
subcontractors), and the contracting agency, the U.S. Department of Labor, or the employees or their
representatives.
(10) Certification of eligibility.
(i) By entering into this Contract, the Contractor certifies that neither it (nor he or she) nor any person
or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded
Government contracts by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this Contract shall be subcontracted to any person or firm ineligible for award of a
Government contract by virtue of section 3(a) of the Davis -Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 U.S.C. 1001.
(b) Contract Work Hours and Safety Standards Act. As used in this paragraph, the terms laborers and mechanics
include watchmen and guards.
(1) Overtime requirements. No Contractor or subcontractor contracting for any part of the Contract work which
may require or involve the employment of laborers or mechanics shall require or permit any such laborer or
mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such
workweek unless such laborer or mechanic receives compensation at a rate not less than one and one -half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth
in paragraph (b)(1) of this section, the Contractor and any subcontractor responsible therefor shall be liable for the
unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of
work done under contract for the District of Columbia or a territory, to such District or to such territory), for
liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or
mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (b)(1) of this
section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in
excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set
forth in paragraph (bxl) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Department of Energy or the Recipient or
Subrecipient shall upon its own action or upon written request of an authorized representative of the Department
of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the
Contractor or subcontractor under any such contract or any other Federal contract with the same prime Contractor,
or any other federally- assisted contract subject to the Contract Work Hours and Safety Standards Act, which is
held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of
such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in
paragraph (b)(2) of this section.
(4) Contracts and Subcontracts. The Recipient, Subrecipient, and Recipient's and Subrecipient's contractor or
subcontractor shall insert in any Contracts, the clauses set forth in paragraph (b)(1) through (4) of this section and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Recipient
shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in
paragraphs (bxl) through (4) of this section.
(5) The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the
work and shall preserve them for a period of three years from the completion of the Contract for all laborers and
mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and
address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily
and weekly number of hours worked, deductions made, and actual wages paid. The records to be maintained under
this paragraph shall be made available by the Contractor or subcontractor for inspection, copying, or transcription
by authorized representatives of the Department of Energy and the Department of Labor, and the Contractor or
subcontractor will permit such representatives to interview employees during working hours on the job.
G -City of Hutchinson - Commerce 15
Gmt (Rev. 08/10)
G -City of Hutchinson - Commerce /ff1^ 16
Grmt(Rev. 08 /10) ' ( `,t-6
AMERESCO�
Green . clean . Sustainable
Anderson Lakes Center
9855 West 78th Street, Suite 310
Eden Prairie, MN 55344
P: 952 942 5142
F: 952 942 5421
ameresco.com
City of Hutchinson
City-Wide Energy Efficiency and Conservation Initiative
Project Summary
Background
In July, 2009 the City of Hutchinson entered into an Agreement of Partnership with Ameresco, which authorized
Ameresco to complete a Preliminary Engineering Assessment. The results of the preliminary assessment were
encouraging, therefore in October, 2009 the City of Hutchinson entered into a Project Development Agreement
with Ameresco to complete a city-wide comprehensive energy and facility audit to further explore potential
improvements. In February of 2010, Ameresco delivered and presented a Comprehensive Engineering
Assessment (CEA) with a number of options and priority levels. This CEA identified numerous improvements
in all of the Cities' facilities, renewable energy opportunities and other potential cost - saving measures, such as
city-wide Street Lighting efficiency upgrade options.
After review of the CEA, the City of Hutchinson selected certain measures at this time to move forward with
toward implementation under a guaranteed energy - savings contract per Minnesota Statute 471.345, Subd. 13,
Energy Efficiency Projects. The measures that have been selected at this time include city-wide comprehensive
indoor lighting retrofits and Variable Frequency Drives at the Wastewater Treatment Facility. These measures
are described in detail in Ameresco's CEA, Section IV, Facility Measures.
The next step in the process is for the City to issue Ameresco a Letter of Intent, after which Ameresco will
develop and deliver an Energy Services Agreement for review by the City and their legal council before
proceeding with the project.
Brief Description of Turnkey Solution
A Guaranteed Energy Savings Contract, also called an Energy Savings "Performance Contract", is a type of
agreement that includes all facets of developing, funding and implementing energy and operational efficiency and
infrastructure renewal projects. Minnesota Statute requires a written guarantee be provided by a qualified
provider that the savings from the project will exceed the project cost Ameresco will be providing a written
savings guarantee for this project.
Thousands of federal, state and local government entities have implemented Energy Performance Contracts, due
to their self- funding nature and turkey solution structure. The enabling legislation has been in place in
Minnesota for almost 20 years, and many municipalities have used this procurement vehicle with great success to
get comprehensive efficiency and facility improvements implemented. Unlike other procurement methods, a
Performance Contract provides a savings guarantee, performance guarantee and price guarantee, all from a single
provider.
Other services that Ameresco has provided include the identification and assistance in obtaining of available
energy - related grants, rebates and other incentives that have significantly increased the cost effectiveness of this
project Ameresco will act as the general contractor on this project and will handle the measurement and
verification of the energy savings, as required by statute and the grant awards. \
Confidential Page 1 8/11/2010 D� )
AMERESCO4
Green . Clean . Sustainable
Benefits of Completing this Project using an Energy Performance Contract /Contractor
Many of the benefits are fast mentioned above, they include the ability of the City to work with a single
company to develop, design, implement and guarantee the results of this energy and facility renewal project
This method allows the City to work in partnership with Ameresco as a provider of professional services to
customize the solution the City decides to implement and over the long -term, ensuring the guaranteed results.
The cost of developing the solution can be rolled into the project costs, enabling the City to eliminate any out -of-
pocket up -front costs, which is what has been proposed for this project Ameresco can also provide and facilitate
funding and long -term financing for the project.
Comparison of Performance Contracting and "low bid"
Energy retrofitting of existing facilities is a specialized area and energy services companies like Ameresco have
engineers and other resources on staff to ensure the right solutions are developed and implemented properly. At
Ameresco, retrofitting existing facilities is our core mission and our specific expertise. We have retrofitted and
improved thousands of existing buildings, with projects totaling over $5 billion dollars. We are completely
independent, so we develop whatever solution is best for the City. Ameresco is the mmkey general contractor,
which minimizes City staff time. Through this approach, Ameresco can ensure high quality and the use of local
contractors.
Frequently consulting engineering firms and contractors do not provide the same set of unique energy - [elated
services and knowledge that Ameresco can provide. Many do not have the level of expertise in all facets of
facility retrofit and renewal. This is our core competency and focus.
Comprehensive Engineering Assessment Overview
In October, 2009, the City signed an agreement with Ameresco for $34,500 to perform a detailed survey and
analysis of all city-owned facilities, parks and other energy- consuming systems, such as street lighting In total,
Ameresco identified dozens of potential improvements totaling over $10,000,000 while also considering wind or
biomass renewable energy opportunities. Depending on what measures are implemented, energy and operational
savings of over $300,000 per year have been identified. Ameresco has presented various options for projects that
will be cost- effective over a 10 -15 -20 year timetable that are fundable out of project savings and existing budgets.
Current Project
The Project includes a comprehensive city-wide lighting retrofit The Lighting Survey Process included a
building -by- building, fixture -by- fixture audit, resulting in a new fixture and lamp schedule. This will assist the
City in the standardization of lighting systems and lower operating and maintenance costs. Many of the lighting
fixtures will be improved to provide better or the same quality of lighting with reduced energy consumption. A
number of existing fixtures are in need of replacement or improvement, and this project will assist in addressing
some of that need. In addition, we will be providing engineering and installation of Variable Frequency Drives
for rotor motors at the Wastewater Treatment Facility.
During the development of the project local contractors were included in the bidding process.
Confidential
Page 2
8/11/2010
AMERESCO4
C,reen . clean . sustairowe
�r
A cost summary budget was provided in the past, the breakdown of the $375,114 project cost is as follows. This
is an all encompassing price breakdown, from start to finish, including the Detailed Audit, which has been
completed, and all savings measurement and verification costs. This is a guaranteed maximum price.
Item
Cost
% of
Pro'ect
Provider
Detailed Audit*
$34,500
9.20/6
Ameresco & Specialists
Construction Costs
$269,183
71.8%
Contractors & Vendors
Engineering and M &V
$12,276
3.3%
Ameresco
Construction t /Admire
$15,648
4.2%
Ametesco
Commissioning & Training
$4,955
1.3%
Ameresco
Project Development, G&A, Fee
1 $38,552
1 10.3%
1 Ameresco
* Amount due to Ameresco if City does not proceed with project
Grants, Rebates and Project Return
Ameresco has assisted the City of Hutchinson with obtaining approximately $167,000 in available grants and
rebates for the current project scope, which equals about 45% of the project cost Ameresco's engineers
provided all of the necessary energy calculations and cost breakdowns per Minnesota Office of Energy Security
requirements. This was for the Energy Efficiency and Conservation Block Grant (EECBG) and the Facility
Cost -Share Grant. Ameresco included costs for prevailing wage and other federal requirements of these ARRA
funded competitive grant opportunities.
Ameresco will provide assistance to the City during the required state and federal reporting period, once the
project is completed Ameresco will assist in the receipt of the HUC rebates during and upon completion of the
project.
The project has an excellent return, especially considering the amount of lighting systems improvement that is
being provided The project simple payback period and return on investment will be as follows:
Project Cost - $375,114
Grants and Rebates - $166,654
Net Project Cost - $208,460
Annual Savings - $32,571 (guaranteed by Ameresco)
Simple Payback Period — 6.4 years
Return on Investment —16% per year
Carbon Emissions Reduction — equal to permanently removing 48 vehicles off the mad
Savings Measurement and Verification (M &V)
Ameresco will be providing savings M &V services in compliance with state statute. Savings M&V and reporting
is included for the first two years following completion of the project as part of the project cost. Ameresco has
included all costs associated with energy savings M &V to meet grant and reporting requirements.
Confidential Page 3 8/11/2010
AMERESCO
cram. Ctren , Suateineblt
Why Proceed with Ameresco on this Project?
�-.
• Ameresco is the largest and leading independent energy solutions provider in North America, having
implemented over 1,000 projects worth over $5 billion dollars. Ameresco employs highly experienced
engineers and other professionals, who have specialized expertise and knowledge in existing facility retrofit
and improvements. In addition, we partner with other specialists as needed to further enhance our
capabilities and experience. For example, we worked with a specialized lighting company to assist in the
recommendations for the lighting retrofits and improvements.
• The Minnesota Department of Administration has approved Ameresco as a qualified provider of Energy
Savings Performance Contracting Services in all State -owned facilities.
• Ameresco evaluated potential street lighting retrofit options and installed a number of test fixtures on Golf
Course Road to demonstrate the performance of one of the options. This cost over $4,000 to implement
and provided the City with an actual street to compare this option.
• Ameresco has been assisting in the development of a potential project at CreekSide to use Biomass to heat
larger city buildings and the analysis of feedstock. This has included a site and plant visit to a potential
equipment manufacturer in Iowa, meeting with the Minnesota Pollution Control Agency to discuss project,
and the attendance at the International Biomass Conference in Mitmeapolis in May, 2010.
•
Ameresco has evaluated and developed options for Wind Energy Systems, focusing on providing power to
the Wastewater Facility, which has the right load profile to maximize the cost- effectiveness.
• Ameresco has worked with staff on two competitive federal /state grant programs, and on both the City has
been awarded grants. These total $139,054 in funding for the project. This has created a very cost - effective
project with a 16% annual return for the City.
• Ameresco will be the single point of contact for all aspects of the project, minimizing staff time required to
get the project implemented. Ameresco will work with the City to promote and publicize project benefits
relative to their energy conservation and other sustunability initiatives.
Quick Summary (next step is Letter of Intent)
Benefits to Proccedinit
Effects of NOT Proceeding
• Project has a 6.3 year simple payback or a 16%
• Must pay Ameresco $34,500 with no results. May
return, and internal capital funds are available
need to re- create detailed audit and associated
costs to im lement using another approach.
• Ameresco will turnkey all aspects of project,
• Many hours of staff time invested in project will
minimizing staff time required
be lost, and may need to be duplicated in the
future to re-start project
• Receive $166,654 in Grants and Rebates
• Potentially lose $166,654 in Grants and Rebates if
project is not completed
• Project can be completed by December, 2010
• Would need to create a new plan to complete
project on time requiring more staff time
• Local Contractors can receive work in next 30
• Potentially no new Local Contractor work /jobs
days
created
• Helps progress toward City energy conservation
• No new progress on City energy conservation
goals and Mayor's Climate Protection
goals and U.S. Mayor's Climate Commitment
Agreement Commitment
relative to this project
• Carbon Emissions Reduction equal to 48 vehicles
•Potentially no Carbon Emissions Reduction
off the road permanently
Confidential
Page 4
8/11/2010 (�
TO: Mayor and City Council Members
FROM: Gary Plotz, City Administrator
John Paulson, Environmental Specialist
RE: Civil Air Patrol Lease Agreement
DATE: 8/18/2010
City staff has been working with the Minnesota Wing Civil Air Patrol to develop a site lease
agreement to allow them to utilize space on and in the City's north water tower located at 958 Golf
Course Rd NW.
As a non -profit (501(c)3) organization, providing emergency services, search and rescue, disaster
relief and homeland security to state and local agencies; the Civil Air Patrol requested that any
associated rent costs be waived by the city. The nature of the antenna is to provide additional
communication in the region for the services identified above. City staff determined that the
benefits received by the region warranted consideration of waiving the rent for the space at the
location. The application and associated fee of $325 were received in May 2010. All the
necessary specifications and project summary information have been received and are currently
being reviewed by SEH staff. The review summary should be available at the council meeting.
Extensive communication between Marc Sebora, City Attorney, and Civil Air Patrol Attorney's
was needed to amend the City's standard lease document. Amendments were needed to insure
that the insurance, liability, and the potential for damage to the water tower are all adequately
addressed in the lease agreement for this unique situation.
City staff welcomes your comments and will assist the council in any way we can.
-b (-C-)
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ( "Lease "), made this _day of 20 (the
"Effective Date ") between City of Hutchinson ( "Landlord "), and Civil Air Patrol, Inc., an IRC
§501(c)(3) non -profit corporation federally chartered under 36 U.S.C. §40301, et seq. ( "Tenant ").
For good and valuable consideration, the parties agree as follows:
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,
consisting of approximately square feet, located at XXXX Street, 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 B attached
hereto, together with a non - exclusive easement for reasonable access thereto and for
adequate utility services, including sources of electric and telephone facilities also shown
on Exhibit B ( "Leased Premises ").
2. Rent Waived. In consideration and support of Tenant's public service missions,
Landlord waives rent by the Tenant for the use of the Leased Premises, as long as
Tenant's use of the Leased Premises is solely for public service communication within the
chartered purposes of Tenant. If Tenant's use of the Leased Premises changes, then
Tenant must notify the Landlord within thirty (30) days of the change and this Lease shall
thereafter terminate.
Governmental Approval Contineencv.
(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. This shall include the engineering
study specified in Subparagraph 3(b) below on the Structure to be conducted at Tenant's
expense. 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) Interference Study. If Tenant's equipment installed on the Leased Premises causes
radio frequency interference, the Tenant will be responsible for all costs and
responsibilities in accordance with Paragraph 16 to eliminate the interference. If the
Tenant decides to keep the equipment in place after interference has been identified the
Tenant must pay the reasonable cost of (i) a radio frequency interference study by an
independent and qualified professional reasonably selected by the Landlord, showing that
Tenant's intended use will not interfere with any existing radio communication facilities
located on the structure and (ii) an engineering study carried out by a qualified engineer,
showing that the Structure is able to support the Tenant's Antenna Facilities, as defined in
Subparagraph 5(b), without prejudice to the Landlord's use of the Structure. If the study
finds that the interference cannot be reasonably remedied or that Tenant's Antenna
Facilities prejudice the Structure, Landlord may terminate this Lease immediately.
(c) Non - approval. In the event that any application necessary under Subparagraph 3(a)
Page 1 of 11
i (C
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, is unable to use the Leased Premises for its
intended purposes, Tenant shall have the right to terminate this Lease. Notice of Tenant's
exercise of its right to terminate shall be given to Landlord in writing by certified 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 13 (d) below, 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 commence on the Effective
Date and end on December 31 of the fifth calendar year of the Lease. Subject to the terms
and conditions of this Lease, the Lease will automatically extend this Lease for three (3)
additional five (5) year renewal periods ( "Renewal Term ") commencing on January 1
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.
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:
1. Landlord;
2. Public safety agencies, including law enforcement, fire, and ambulance
services, that are not part of the Landlord;
3. Other governmental agencies where use is not related to public safety;
4. Government - regulated entities whose antennae offer a service to the
general public for a fee, in a manner similar to a public utility, such as
long distance and cellular telephone, not including radio or television
broadcasters; and
5. Pre- existing tenants.
(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 telecommunication services which Tenant is legally authorized to
utilize. This use shall be non - exclusive, and Landlord specifically reserves the right to
allow the Leased Premises to be used by other parties and to make additions, deletions, or
modifications to its own facilities on the Leased Premises. 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.
Page 2 of 11
(c) Construction. Tenant may erect and operate an antenna array in accordance with its
submitted application 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. If Tenant seeks to increase the number of antennas and such installation
shall exceed the requirements or standard discussed in the engineering report as required
by section 3(b)(ii), then tenant must pay for an evaluation carried out by a qualified
professional retained by Landlord, demonstrating that the Structure can support the
additional antennas. The cost of each evaluation must be paid by the Tenant within 30
days after receiving written notice of the cost. Landlord must consent to installation of
additional antennas and such consent will not be unreasonably withheld.
(d) Omatio n. 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. Tenant's installation
of all Antenna Facilities shall be done according to plans approved by Landlord, which
approval shall not be unreasonably withheld. 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 30 days after notification of damage. 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 Tenant's 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) Replacement . Before the Tenant may update or replace the Antenna Facilities,
Tenant must notify and provide a detailed proposal to Landlord. Tenant shall submit to
Landlord a detailed proposal for any such replacement facilities and any other information
reasonably requested by Landlord of such requested update or replacement, including but
not limited to a technical study, carried out at Tenant's expense. Landlord may not
unreasonably withhold approval.
(g) Drawings. Tenant shall provide Landlord with as-built drawings of the equipment
and improvements installed on the Leased Premises, which show the actual location of all
Antenna Facilities. Said drawings shall be accompanied by a complete and detailed
inventory of all equipment, personal property, and Antenna Facilities actually placed on
the Leased Premises.
(h) 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. Tenant shall not unreasonably interfere with the operations of any prior tenant
using the Structure and shall not interfere with the working use of the water storage
facilities thereon or to be placed thereon by Landlord.
Page 3 of 1 I
(i) 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 or delayed. In the event it is necessary
for Tenant to have access to the Structure at some time other than the normal working
hours of Landlord, Landlord may charge Tenant for whatever expense, including
employees' wages that Landlord may incur in providing such access to Tenant.
0) Payment of Utilities. Tenant shall separately meter charges for the consumption of
electricity and other utilities associated with its use of the Leased Premises and shall
promptly pay all costs associated with Tenant's use of the Leased Premises.
6. Emergency Facilities. In the event of a natural or manmade 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 90 days unless
Tenant obtains written approval from the Landlord.
Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly
pay to Landlord all 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.
Advances in Technology. As technology advances and improved antennas are developed
which are routinely used in Tenant's business, Landlord may require, in its sole discretion,
the replacement of existing antennas with the improved antennas if the new antennas are
more aesthetically pleasing or otherwise foster a public purpose, as long as the installation
and use of the improved antennas are practical and technically feasible at this location.
Additional Buildings. Tenant acknowledges that Landlord may permit additional
buildings to be constructed on the property described in Exhibit A. At such time as this
may occur, Tenant will permit said buildings to be placed immediately adjacent to
Tenant's building and will allow "attachments" to its building so as to give the appearance
that all buildings are a connected facility. Said attachments will be made at no cost to
Tenant and will not compromise the structural integrity of Tenant's building.
10. Defense and Indemnification.
(a) General. Tenant agrees to defend, indemnify and hold harmless Landlord and its
elected officials, officers, employees, agents, and representatives, from and against any
and all claims, costs, losses, expenses, demands, actions, or causes of action, including
reasonable attorneys' fees and other costs and expenses of litigation, which may be
asserted against or incurred by Landlord or for which Landlord may be liable in the
performance of this Lease, except those which arise from the negligence, willful
misconduct, or other fault of Landlord. Tenant shall defend all claims arising out of the
installation, operation, use, maintenance, repair, removal, or presence of Tenant's Antenna
Facilities, equipment and related facilities on the Leased Premises.
Page 4 of l 1
(b) Hazardous Materials. Without limiting the scope of Subparagraph 10(a) above,
Tenant will be solely responsible for and will defend, indemnify, and hold Landlord, its
agents, and employees harmless from and against any and all claims, costs, and liabilities,
including attorney's fees and costs, arising out of or in connection with, the cleanup or
restoration of the Leased Premises resulting from Tenant's use of Hazardous Materials.
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.
(c) Tenant's Warranty. Tenant represents and warrants that its use of the Leased
Premises will not generate and Tenant will not store or dispose of on the Leased Premises,
nor transport to or over the Leased Premises, any Hazardous Materials, unless Tenant
specifically informs Landlord thereof in writing twenty -four hours prior to such storage,
disposal or transport, or otherwise as soon as Tenant becomes aware of the existence of
Hazardous Materials on the Leased Premises. The obligations of this Paragraph 10 shall
survive the expiration or other termination of this Lease.
11. Insurance.
(a) Workers' Compensation. The Tenant must maintain Workers' Compensation
insurance in compliance with all applicable statutes. The policy shall also provide
Employer's Liability coverage with limits of not less than $500,000 Bodily Injury each
accident, $500,000 Bodily injury by disease, policy limit, and $500,000 Bodily Injury by
disease, each employee.
(b) General Liability. The Tenant must maintain occurrence form comprehensive
general liability coverage. Such coverage shall include, but not be limited to, bodily
injury, property damage -- broad form, and personal injury, for the hazards of
Premises /Operation, broad form contractual, independent contractors, and
products /completed operations.
The Tenant must maintain aforementioned comprehensive general liability
coverage with limits of liability not less than $1,500,000 each occurrence; $1,500,000
personal and advertising injury; $5,000,000 general aggregate, and $2,000,000 products
and completed operations aggregate. These limits may be satisfied by the comprehensive
general liability coverage or in combination with an umbrella or excess liability policy,
provided coverage afforded by the umbrella or excess policy is no less than the underlying
comprehensive general liability coverage.
(c) Automobile Liability. The Tenant must carry Automobile Liability coverage.
Coverage shall afford total liability limits for Bodily Injury Liability and Property
Damage Liability in the amount of $1,000,000 per accident. The liability limits may be
afforded under the Commercial Policy, or in combination with an Umbrella or Excess
Liability Policy provided coverage afforded by the Umbrella Excess Policy are no less
than the underlying Commercial Auto Liability coverage.
Coverage shall be provided for Bodily Injury and Property Damage for the
Page 5 of 11
ownership, use, maintenance or operation of all owned, non -owned and hired automobiles.
The Commercial Automobile Policy shall include at least statutory personal injury
protection, uninsured motorists and underinsured motorist coverage.
(d) Tenant Pmert X Insurance. The Tenant may keep in force during the Initial Term
and any Renewal Term of the Lease a policy covering damages to Tenant's property at the
Leased Premises. The amount of coverage shall be sufficient to replace the damaged
property, loss of use and comply with any ordinance or law requirements.
(e) Adjustment to Insurance Coverage Limits. The coverage limits set forth herein
shall be increased at the time of any Renewal Term by the greater of the Consumer Price
Index as calculated under Paragraph 2(a) or 2.5 %.
(f) Additional Insured - Certificate of Insurance. The Tenant shall provide, prior to
tenancy, evidence of the required insurance in the form of a Certificate of Insurance issued
by a company (rated A- or better) by Best Insurance Guide, licensed to do business in the
state of Minnesota, which includes all coverage required in this Paragraph 11. Tenant will
name Landlord as an Additional Insured on the General Liability and Commercial
Automobile Liability Policies. The Certificate(s) shall also provide the coverage may not
be canceled, non - renewed, or materially changed without thirty (30) days prior written
notice to Landlord.
12. Dama¢e 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.
13. 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);
(ii) by Tenant for cause if it is unable to obtain or maintain any license, permit
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 120 day's prior written notice to Tenant if its Council
Page 6 of 11
decides, for any reason, to redevelop the Leased Premises in a manner inconsistent with
continued use of the Leased Premises by Tenant and/or 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 Leased Premises from any source, or factors relating
to condition of the Leased Premises;
(vi) by Landlord if it determines that a potential user with a higher priority
under Subparagraph 5(a) above cannot find another adequate location, or the Antenna
Facilities unreasonably interferes with another user with a higher priority, regardless of
whether or not such an interference was predicted in the initial interference study that was
part of the application process; or
(vii) 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.
(b) 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.
(c) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant
shall have 60 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 at the Tenant's expense to the reasonable satisfaction of the
Landlord. In the event that Tenant's Antenna Facilities, and related equipment are not
removed to the reasonable satisfaction of the Landlord, they shall be deemed abandoned
and become the property of the Landlord and Tenant shall have no further rights thereto.
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.
14. Limitation of Landlord's Liability. If Landlord terminates this Lease other than as of
right as provided in this Lease, or Landlord causes interruption of the business of Tenant
or for any other Landlord breach of this Lease, Landlord's liability for damages to Tenant
shall be limited to the actual and direct costs of equipment removal, relocation or repair
and shall specifically exclude any recovery for value of the business of Tenant as a going
concern, future expectation of profits, loss of business or profit or related damages to
Tenant.
15. Temporary Interruptions of Service. If Landlord determines that continued operation of
the Antenna Facilities would cause or contribute to an immediate threat to public health
and/or safety (except for any issues associated with human exposure to radio frequency
Page 7 of 11
omissions, which is regulated by the federal government), Landlord may order Tenant to
discontinue its operation. Tenant shall immediately comply with such an order. Service
shall be discontinued only for the period that the immediate threat exists. If Landlord does
not give prior notice to Tenant, Landlord shall notify Tenant as soon as possible after its
action and give its reason for taking the action. Landlord shall not be liable to Tenant or
any other party for any interruption in Tenant's service or interference with Tenant's
operation of its Antenna Facilities, except as may be caused by the willful misconduct of
the Landlord, its employees or agents. If the discontinuance extends for a period greater
than three consecutive days, Tenant shall have the right to terminate this Lease within its
sole discretion.
16. Tenant Interference
(a) With Structure. Tenant shall not interfere with Landlord's use of the Structure and
agrees to cease all such actions which unreasonably and materially interfere with
Landlord's use thereof no later than three business 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 Hip-her 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 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 30 days after Tenant received Landlord's written notice, Landlord may
at its option terminate this Lease immediately.
(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
Page 8 of 11
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.
17. Assignment. This Lease, or rights there under, may not be sold, assigned, or transferred at
any time by Tenant except to Tenant's affiliates or subsidiaries. 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. For purposes of this paragraph,
an "affiliate" or "subsidiary" means an entity in which Tenant owns greater than a 50%
interest. 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.
18. Condemnation. In the event the whole of the Leased Premises is taken by eminent
domain, this Lease shall terminate as of the date title to the Leased Premises vests in the
condemning authority. In event a portion of the Leased Premises is taken by eminent
domain, either party shall have the right to terminate this Lease as of said date of title
transfer, by giving thirty (30) days' written notice to the other party. 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 and the Landlord shall receive full amount of such award.
Tenant hereby 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, but not from Landlord, such
compensation as may be separately awarded or recoverable by Tenant on account of any
and all damage to Tenant's business and any costs or expenses incurred by Tenant in
moving/removing its equipment, personal property, Antenna Facilities, and leasehold
improvements.
19. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall bring
a claim in arbitration 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.
20. Authority. 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.
21. 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.
22. 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.
Page 9 of 1 I
) oLc)
23. Governing Law. This Lease shall be construed in accordance with the laws of the State of
Minnesota.
24. 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.
25. 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.
26. 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.
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective
seals the day and year first above written.
LANDLORD:
TENANT:
STATE OF MINNESOTA )
)SS
COUNTY OF )
CITY OF
By
Its Mayor
By
Its Administrator /Clerk
Civil Air Patrol, Inc., a federal, chartered
corpyra on
B,
Thyy gas B. Theis
Its Minnesota Wing Commander
The foregoing instrument was acknowledged before me this day of , 200_, by
, the Mayor and City Manager respectively of the City of
on behalf of the corporation.
STATE OF
)SS
COUNTY OF
Notary Public
Page 10 of 11
jCtc)
The foregoing instrument was acknowledged before me this _ day of , 200,
by Thomas B. Theis, the Minnesota Wing Commander of Civil Air Patrol, Inc., a federally
chartered corporation, on behalf of the corporation.
Notary Public
Page 11 of 11
Exhibit A
Water Tower located at 958 Golf Course Road NW
City PID:3611730030060
1 AC OF NEIA NWIA W OF CR #12 & N OF COUNTRY CLUB ROAD
Exhibit A
Water Tower located at 958 Golf Course Road NW
City PID: 3611730030060
1 AC OF NEIA NWU4 W OF CR#12 & N OF COUNTRY CLUB ROAD
John Paulson
rom:
Dan Zienty [dzienty @sehinc.com]
nt:
Tuesday, August 24, 2010 3:49 PM
o:
John Paulson
Subject:
Civil Air Patrol at North Tower
Attachments:
ATT00001.jpg
Importance:
High
John we have reviewed the information packet you provided including the lease, Exhibit A, product sheets and
application. Our recommendation to the City would be to approve the installation on contingency that additional
information related to the actual elements of the installation be provided. This would include:
• Location of the cabinet within the tank
• Identification of a power source and routing (conduit, etc.) to it
• How will the coax be routed /attached within the tank riser - hardware /components, attachment must be in
compliance with state and City electrical standards, and OSHA
• As the antenna location is on the roof the coax will need to exit the access tube - provide location and type of
sealed penetration to be installed (should not interter with the operation of the hatch, or exiting of the tank)
• What is the exact location of the antenna? How will it be mounted to the tank? Access tube lid? Tank roof? As
there is no handrail system, how would the stand -off bracket (product sheet) be installed?
Should you have any questions referencing our comments please do not hesitate to contact me.
ncerely,
Dan
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•
ORDINANCE NO. 10 -0558 — AN ORDINANCE AMENDING SECTION 112.088
OF THE HUTCHINSON CITY CODE PERTAINING TO HOURS AND DAYS OF
LIQUOR SALES
§ 112.088 HOURS AND DAYS OF SALES.
No on -sale of intoxicating liquor shall be made between the hours of 1:00 a.m.
and !10tee 10:00 a.m. on Sunday, nor between 12:00 midnight and 8:00 a.m. on
Monday, nor between the hours of 1:00 a.m. and 8:00 a.m. on Tuesday through Saturday.
No off -sale of intoxicating liquor shall be made on Sunday nor before 8:00 a.m. or after
10:00 p.m. on Monday through Saturday, nor on New Year's Day, January 1; July 4;
Thanksgiving Day; or Christmas Day, December 25. No sale of intoxicating liquor shall
be made after 8:00 p.m. on December 24.
('89 Code, § 5.43) (Am. Ord. 96 -172, passed 9- 10 -96; Am. Ord. 97 -213, passed 11 -25-
97; Am. Ord. 98 -217, passed 2- 10 -98) Penalty, see § 10.99
ADOPTED BY THE COUNCIL OF THE CITY OF HUTCHINSON THIS
DAY OF 2010.
APPROVED:
By: Steven W. Cook
Its: Mayor
ATTEST:
By: Gary D. Plotz
Its: City Administrator
� -00)
RESOLUTION NO. 13772
A RESOLUTION APPROVING CITY OF HUTCHINSON INVESTMENT POLICY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA THAT THE ATTACHED CITY OF HUTCHINSON INVESTMENT
POLICY IS HEREBY ADOPTED.
Adopted by the City Council this 24TH day of August, 2010.
Steven W. Cook, Mayor
ATTEST:
Gary D. Plotz, City Administrator
)c�te—)
LN
INVESTMENT POLICY
ADOPTED AUGUST 24, 2010
CITY OF HUTCHINSON INVESTMENT POLICY
I. PURPOSE
The purpose of this policy is to establish specific guidelines the City of Hutchinson will use in the
investment of City funds. It will be the responsibility of the City Administrator to invest City
Funds in order to attain the highest market rate of return with the maximum security while
meeting the daily cash flow demands of the City and protecting the capital of the overall
portfolio. Investments will be made in accordance with all state and local statutes governing the
investment of public funds.
II. SCOPE
The City Administrator is responsible for the investing of all financial assets of the City of
Hutchinson, excluding pension funds. These funds are accounted for in the City's
Comprehensive Annual Financial Report and include the following:
- General Fund
- Special Revenue Funds
- Debt Service Funds
- Capital Project Funds
- Enterprise Funds
- Internal Service Funds
- Economic Development Authority
- Housing and Redevelopment Authority
III. PRUDENCE
Investments shall be made with judgment and care, not for speculation, but for investment,
considering the probable safety of the capital as well as the probable income to be derived.
The standard of prudence to be used by investment officials shall be the "prudent person"
standard and shall be applied in the context of managing the overall portfolio. Investment
officers acting in accordance with this policy, with MN Statutes, Chapter 118A, and exercising
due diligences shall be relieved of personal responsibility for an individual security's risk or
market price change, provided that reasonable action is taken to control adverse developments
and unexpected deviations are reported in a timely manner.
City of Hutchinson Investment Policy Page 2
I 0 C`e)
CITY OF HUTCHINSON INVESTMENT POLICY
IV. OBJECTIVE
A. Safety - Safety of principal is of critical importance to the investment program.
Investments of the City shall be undertaken in a manner that seeks to ensure the
preservation of principal in the overall portfolio. The objective will be to mitigate credit risk
and interest rate risk.
1. Credit Risk - the risk of loss due to failure of the security issuer or backer, will be
minimized by:
- Limiting investments to the types of securities listed in Section VIII of this investment
policy.
- Pre - qualifying the financial institutions, broker /dealers, intermediaries, and advisors
with which the City will do business in accordance with Section VII.
- Diversifying the investment portfolio so that the impact of potential losses from any
one type of security or from any one individual issuer will be minimized. Insurance or
collateral may be required to ensure return of principal.
2. Interest Rate Risk — the risk that the market value of securities in the portfolio will fall
due to changes in market interest rates will be minimized to:
Provide for liquidity by reviewing cash flow requirements and make investments to
meet the shorter cash flow needs, thereby avoiding the need to sell securities in the
open market prior to maturity.
- Manage the average maturity of the overall portfolio to be consistent with the risk of
the City.
B. Liquidity - The City's investment portfolio will remain sufficiently liquid to enable the City
to meet all operating requirements reasonably anticipated. The portfolio will be
structured so that the portfolio emphasizes liquidity and consists largely of securities with
active secondary or resale markets (dynamic liquidity). A portion of the portfolio may be
placed in money market mutual funds or local government investment pools which offer
same day liquidity for short-term funds.
C. Yield - The City's investment portfolio shall be designed with the objective of attaining a
market rate of return. The core of investments is limited to low -risk securities in
anticipation of earning a fair return relative to the risk being assumed. Securities shall
generally be held until maturity with the following exceptions:
• A security with declining credit may be sold early to minimize loss of principal.
• A security swap would improve the quality, yield, or target duration in the portfolio.
• Liquidity needs of the portfolio require that the security be sold.
City of Hutchinson Investment Policy Page 3
Dc-e-)
CITY OF HUTCHINSON INVESTMENT POLICY
V. DELEGATION OF AUTHORITY
Authority to manage the City's investment program is derived from MS 118A which authorizes
the City to invest any fund not presently needed in obligations in which city debt service funds
may be invested. This law applies to all types of funds not presently needed, including all
general, special revenue, permanent, trust or other funds regardless of source or purpose.
Under this chapter a city may invest idle funds in state or national banks, savings and loan
associations, or credit unions. No person may engage in an investment transaction except as
provided under the terms of this policy and the procedures established by the policy.
Management responsibility for the investment program is hereby delegated to the City
Administrator, who shall be responsible for all transactions. The City Administrator shall
establish procedures for the operation of the investment program, consistent with this policy.
Such procedures may include delegation of authority to persons responsible for investment
transactions.
VI. ETHICS AND CONFLICTS OF INTEREST
The City Administrator and Finance staff involved in the investment process shall refrain from
conducting personal business activity that could conflict with proper execution of the investment
program, or which could impair their ability to make impartial investment decisions. Investment
staff shall annually disclose to the City Council any material financial interests as required by
state statute. Investment staff shall subordinate their personal investment transactions to those
of the City, particularly with regard to the time of purchases and sales, and shall refrain from
undertaking personal investment transactions with the same individual with whom business is
conducted on behalf of the City.
VII. AUTHORIZED FINANCIAL DEALERS AND INSTITUTIONS
The City Council will annually, by resolution, approve depositories and a list of financial
institutions authorized to provide investment services.
A. Only approved security broker /dealers, selected by creditworthiness, shall be utilized,
with a minimum of $10,000,000 capital and at least five years of operation.
B. Financial institutions must be qualified as a "depository" by the City Council; these may
include "primary" dealers or regional dealers that qualify under Securities & Exchange
Commission Rule 15C3 -1 (Uniform Net Capital Rule).
C. All investments must be insured, or registered, or securities must be held by the City or
its agent in the City's name.
D. No public deposit shall be made except in a qualified public depository, as established
by state laws.
E. When investments purchased by the City are held in safekeeping by a broker /dealer,
they must provide asset protection of $500,000 through Securities Investor Protection
Corporations (SIPC), and at least another $2,000,000 Supplemental Insurance
Protection, provided by the broker dealer.
City of Hutchinson Investment Policy Page 4
C:)c-e)
CITY OF HUTCHINSON INVESTMENT POLICY
F. Before engaging in investment transactions with the City, the supervising officer at the
securities broker /dealer shall submit a certification of "Notification to Broker and
Certification by Broker Pursuant to MN Statute 118K. Said certification will state that
the broker /dealer has reviewed the investment policies and objectives, as well as
applicable state law, and agrees to disclose potential conflicts or risk to public funds that
might arise out of business transactions between the securities broker /dealer firm and
the City. All financial institutions shall agree to undertake reasonable efforts to preclude
imprudent transactions involving the City's funds.
VIII. AUTHORIZED AND SUITABLE INVESTMENTS
It shall be the policy of the City of Hutchinson that available funds be invested to the best rates
obtainable at the time of investment in conformance with the legal and administrative guideline
outlined herein. US Treasury Obligations and Federal Agency Securities will be given
preference when the yields are equal to or greater than alternative investments.
Minnesota Statutes, section 118A, lists all permissible investments for municipalities. The
investments of the City of Hutchinson will be made in accordance with Minnesota statutes and
be further restricted to the following (a more complete description is contained in Appendix A):
A. United States Treasury Obligations.
B. Federal Agency Securities
C. Certificates of Deposits
D. Commercial Paper (restricted to issues which mature in 270 days or less with a rating of
A -1 (Moody's), P -1 (Standard and Poors), or F -1 (Fitch), among at least two of these
three rating agencies)
E. Interest - bearing checking accounts
F. Money Market Mutual Funds (only those which invest in authorized instruments
according to MN Statutes 118A)
G. Ordinary Savings Accounts
H. Statewide Investment Pools (which invest in authorized instruments according to MN
Statutes)
IX. COLLATERAL
Interest - bearing deposits in authorized depositories must be fully insured or collateralized.
Collateral ization will be required on Certificates of Deposits (where the dollar amount is in
excess of FDIC coverage). In order to anticipate market changes and provide a level of security
for all funds, the collateralization level will be 110% of the market value of principal and accrued
interest. When the pledged collateral consists of notes secured by first mortgages, the collateral
level will be 140° of the market value of principal and accrued interest. Collateral shall be
deposited in the name of the City, subject to release by the City Administrator.
City of Hutchinson Investment Policy Page 5
)OCe)
CITY OF HUTCHINSON INVESTMENT POLICY
X. SAFEKEEPING AND CUSTODY
Securities purchased shall be held in a segregated account for the City's benefit at a third party
trustee as safekeeping agent. The investment dealer or bank in which the security is purchased
shall issue a confirmation ticket to the City listing the specific instrument, issuer, coupon,
maturity, CUSIP number, purchase or sale price, transaction date, and other pertinent
information. The financial service provider which executes the transaction on the City's behalf
shall deliver all securities on a delivery versus payment method (DVP) to the designated third
party. Delivery versus payment (DVP) is a way of controlling the risk to which securities market
participants are exposed. Delivery of securities (i.e. the change in their ownership) is done
simultaneously with payment. This means that neither the buyer nor the seller is exposed to the
risk that the other will default. The City may not invest in securities that are uninsured. Securities
will be held in the City's designated accounts.
Investments, contracts and agreements may be held in safekeeping with:
- Any Federal Reserve bank;
- Any bank authorized under the laws of the United States or any state to
exercise corporate trust powers, including, but not limited to, the bank from
which the investment is purchased.
XI. DIVERSIFICATION
The City Administrator or investment designee will attempt to diversify its investments according
to type and maturity. The City will attempt to match its investments with anticipated cash flow
requirements. Extended maturities may be utilized to take advantage of higher yields.
Diversifications strategies shall be determined and revised periodically by the City Council for all
funds.
A. Institutions — Diversity between financial institutions used.
a. The City Administrator or investment designee will attempt to diversify its
investments equally amongst investment companies, keeping in mind that
some temporary fluctuations may occur throughout the year (i.e. tax
settlement in June, GO Bonds for projects, etc.)
b. No funds may be invested in any one investment company in excess of the
amount insured by it.
B. Maturities — Diversity in length of maturities.
a. Investments shall be made to assure that funds are constantly available to
meet immediate payment requirements
b. No investments shall be made with a term of more than 10 years..
C. Investments — The City should maintain a diversity of investments.
a. Depending on market conditions, with the exception of US Treasury
Securities, authorized pools, and Federal Agencies (backed by the full faith
and credit of the US Government or its agencies), no more than 50% of the
City's total investment portfolio may be invested in any one of the following:
Certificates of Deposit or Commercial Paper.
City of Hutchinson Investment Policy Page 6
1 OCR)
CITY OF HUTCHINSON INVESTMENT POLICY
XII. POOLING OF INVESTMENTS
For the purpose of making the maximum amount of funds available for investment, the cash for
City Funds, as listed in Part II, is pooled in an investment account. Interest earnings are
allocated among the various funds based upon their average cash balance.
XIII. INVESTMENT POLICY ADOPTION
The City's Investment Policy shall be adopted by resolution by the City Council. The Policy
shall be reviewed on a bi- annual basis and any modifications made thereto must be approved
by the City Council.
City of Hutchinson Investment Policy Page 7
i oce)-
G
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Consideration of TH 7/15 Property Acquisitions
DATE: August 24, 2010
As discussed at several City Council closed meetings, City staff has been proactively working with Mn /DOT staff and
others to analyze the potential City acquisition of the below referenced TH 7/15 properties (remainder of parcels acquired
by Mn/DOT for the TH 7/15 Reconstruction project):
442 Main St N, 454 Main St N, 466 Main St N, 480 Main St N, 256 4th Ave NW, 264 4th Ave NW, 9 4th Ave NE,
1l 4th Ave NE, 13 4th Ave NE, 15 4th Ave NE, 17 4th Ave NE, 25 4th Ave NE, 35 4th Ave NE, 45 4th Ave NE &
416 Prospect St NE
City staff will review the exact property locations and their corresponding appraised values (Mn/DOT administered
appraisals) at the City Council meeting.
cc: Gary Plotz, City Administrator
t)(-C)
CHARTER COMMISSION
MINUTES
June 14, 2010, 5:30 p.m.
Members Present: Chair Deb Roepke, Walt Clay, Lyle Mullins, Judy Simons, Mary
Inglis, Steve Bauer, Marlin Torgerson, Mark Lewandowski and Virgil Voigt.
Members Absent: Roger Stearns, Diane Gordon and Mark Cormier
Others Present: Marc Sebora, City Attorney and Melissa Starke, Recorder
Chair Roepke called the meeting to order at 5:30 p.m.
1. Discussion of Extending Mayor's Term to Four Years
Deb Roepke noted that the City Council has requested that the Charter Commission
consider extending the mayor's term from two years to four years. Marlin
Torgerson, former mayor, provided his comments on two -year terms for the mayor's
seat. Mr. Torgerson expressed that he feels a two -year term is more than adequate.
Ms. Roepke noted that 162 participants took part in a Hutchinson Leader poll: 7.4%
were in favor of mayor's term, 10.5% were in favor of expanding Council; 18%
were in favor of both ideas; 53% were opposed to both ideas; 10.5% did not have an
opinion.
Walt Clay noted that he recalled a time when a mayor was in seat whom the
residents did not want in office. He felt that if the mayor's term would have been
four years, real trouble would have been had. Mr. Clay was opposed to a four -year
term.
Mayor Cook, through Marc Sebora, wrote comments to the Charter Commission.
Mayor Cook researched other cities whom all had longer terms than two years other
than Bemidji. Mayor Cook feels that a four -year term makes sense because the
mayor's seat is just like the other Council seats (which have a term of four years).
He expressed that he did not think any change should take place until 2012 or 2014.
1PL-)
Mark Lewandowski noted that the feedback he has received is to leave the Mayor's
term as is. He noted there is no additional cost to having the mayor serve a two -year
term.
Judy Simons expressed that a two -year term seems adequate. There is no added
expense, the candidate seeking the mayor's seat should know the job before taking
office, and if there are issues with the mayor's performance, he /she does not fill that
seat for as long a term.
Mary Inglis noted that there is a learning curve for any position, no matter the length
of term.
Marc Sebora spoke about the ways a City Charter can be amended. These ways
include voting at an election or a recommendation from the Charter Commission to
the City Council to make an ordinance change.
Motion by Voigt, second by Clay, to leave the City Charter as written and not
change the mayor's term limit. Motion carried unanimously.
2. Discussion of Expanding City Council to Seven Members
Marc Sebora noted that the Council Members are paid monthly, as well as a per
diem amount.
Mayor Cook commented via written communication that he does not feel the
number of Council Members is a critical issue at this time, but other cities do have
more than five Council Members. However, other cities have ward representation,
which the City of Hutchinson does not. Marc Sebora spoke about the City Council
seat designation. The mayor's communication also noted that with the number of
boards and commissions the City has, perhaps with more Council Members, the
work load could be spread more evenly. He also noted that other cities our size
have between 6 -9 members.
Marlin Torgerson spoke that he feels all City Council Members serve for the
betterment of the entire community. He did not feel that there is an issue about
representation. Mr. Torgerson expressed that he does not feel the work load needs
to be thinned out for the Council Members. Mr. Torgerson noted that he completed
research as well, and he felt it was really a toss up on the number of Council
Members amongst comparable cities.
Mark Lewandowski expressed that increasing the membership of the Council will
be an added expense, and more members may mean lengthier meetings. The
boards /commissions meetings could be at the discretion of the Council Members
whom serve on them as to whether or not they will attend.
Walt Clay expressed concern with the increased expense of additional Council
Members.
Judy Simons noted that Hutchinson's population has increased approximately
10,000 in the time she has lived here. Ms. Simons noted that the only time she
noticed a burden was when Kay Peterson was out for an extended period of time due
to an illness. Ms. Simons expressed that perhaps the Charter could be amended to
address this type of issue. Marc Sebora noted that Section 2.09 does address it
somewhat.
General discussion was held regarding proposed language to address the issue if
someone is unable to perform their duties on the Council for an extended period of
time. Virgil Voigt and Walt Clay expressed that the language in Section 2.09 is
adequate and the elected officials in current office should enforce the City Charter
as written.
Motion by Simons, second by Lewandowski, to leave the Charter as written and not
expand the membership. Motion carried unanimously.
3. Items From the Floor
Marlin Torgerson commented on the seat designation process. Mr. Torgerson
believes that an at -large system with the top vote getters winning office is
appropriate.
Judy Simons asked about the reasoning for seat designation. She does not feel it
makes the most sense.
General discussion was held on the former system of top vote - getters versus the
current system of designated seats.
Walt Clay suggested that Marc Sebora research whether or not other cities have
their Council seats designated such as Hutchinson, without ward representation. Mr.
Clay also suggested that two Council Members attend the next Charter Commission
) I L-a-)
meeting to discuss seat designation. Clay suggested inviting Steve Cook and Jim
Haugen to the next Charter Commission meeting to discuss seat designation.
June 28th at 5:30 p.m. will be the next meeting date.
It was determined that the research previously requested from Marc Sebora, City
Attorney, would not be necessary.
4. Adjourn
Motion by Torgerson, second by Simons to adjourn at 6:55 p.m.
I Ibat-)
CHARTER COMMISSION
MINUTES
June 28, 2010, 5:30 p.m.
Members Present: Chair Deb Roepke, Virgil Voigt, Mark Lewandowski, Lyle
Mullins, Roger Stearns, Walt Clay, Diane Gordon, and Mary Inglis
Members Absent: Judy Simons, Marlin Torgerson, Steve Bauer, and Mark Cormier
Others Present: Steve Cook, Mayor; Jim Haugen, Council Member; and Marc
Sebora, City Attorney
Chair Roepke called the meeting to order at 5:30 p.m.
1. Approval of Minutes from June 14, 2010
Motion by Walt Clay, second by Virgil Voigt to approve minutes from June 14,
2010 as presented. Motion carried unanimously.
2. Discussion of City Council Designated Seats
Mayor Cook explained that in 2002, a group he was on petitioned for designated
seats. The reasoning given was that in a head -to -head election, the winner will have
more than 50% of the vote. A higher percentage of votes for the winning
candidate(s) should mean the majority of votes indicates the best candidate. Mayor
Cook expressed that he feels that a candidate should get to select whom he /she
would like to run against in a head -to -head race. Roger Stearns shared that he feels
the designated seat system is political game playing.
Discussion was held regarding the number of votes on the Charter Amendments in
2002. Approximately 55% voted in favor of the Charter Amendment.
Mayor Cook noted other large cities that use a designated seat system.
� ba)
Jim Haugen expressed that he feels designated seats can open the door for political
games and placing politics. Mayor Cook shared that he felt a candidate should have
the right to choose whom he /she runs against.
Diane Gordon expressed that designated seats seem like they could potentially cause
political underhandedness.
Mayor Cook asked that the votes are not discounted from the 2002 election because
of good voter turnout and education.
Virgil Voigt expressed that the old system could have allowed for the incumbent to
be completely ousted, where the designated seat system may not allow for that.
Mary Inglis reminded the Commission to not only focus on the current election, but
rather to consider the entire situation.
Walt Clay noted that this is an issue to be cognizant of and monitored, but that it
need not necessarily be changed today.
Mayor Cook and Jim Haugen excused themselves at 6:15 p.m.
3. Discussion of Charter Commission Member Term Limits
Marc Sebora reviewed the term limits for the Charter Commission members. Diane
Gordon will be moving from Hutchinson in September and her seat will need to be
filled. Walt Clay's, Virgil Voigt's, and Judy Simon's terms will expire in August
2010 and each have served two full terms. Lyle Mullins, Roger Stearns, and Steve
Bauer are eligible for reappointment.
4. Miscellaneous
No miscellaneous business was presented.
5. Adjourn
Motion by Walt Clay, second by Virgil Voigt to adjourn at 6:20p.m.
1 I La�
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, July 20, 2010
Hutchinson City Council Chambers
1. CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Chris Kovacic, Chad Czmowski, Dean Kirchoff , Dave Johnston and Chairman Lofdahl.
Absent: Christie Rock and Jim Fahey Also present: Dan Jochum, Planning Director, Kent Exner,
City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated June 15, 2010.
Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Kirchoff.
The consent agenda was approved unanimously
4. PUBLIC HEARINGS
a) CONSIDERATION OF A VARIANCE TO REPLACE AN EXISTING DETACHED GARAGE IN
THE FRONT YARD AT 25 GRIFFIN AVENUE N.E.
Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7822 as
published in the Hutchinson Leader on July 8, 2010.
Mr. Jochum commented on the request and explained the property owners are requesting a
variance to allow an accessory structure in the front yard setback. The existing nonconforming
single stall garage is 14' x 22' and placed approximately 3 feet from the interior property line.
The proposed 28'x 34' garage will meet all setback requirements. He explained the ordinance
definition of lot front. He explained this is a reasonable request and hardship because of the lot
size. Mr. Jochum commented on the garage appearance to keep the residential character of the
neighborhood. He reminded the commissioners of the standards for granting a variance. He
explained the garage will not alter the character of the neighborhood.
Discussion followed on the placement of the garage in relationship to the property to the north.
Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing
closed at 5:39 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff
recommendations 1 and 2. Seconded by Mr. Kovacic, the motion carried unanimously.
Chairman Lofdahl stated this item will be placed on the City Council consent agenda at their
meeting held July 27, 2010 in the Council Chambers at 5:30 p.m.
b) CONSIDERATION TO REZONE PROPERTY IN A RESIDENTIAL AREA FROM C -1
(NEIGHBORHOOD CONVENIENCE COMMERCIAL) TO R -2 (MEDIUM DENSITY
RESIDENTIAL) AT 502 HARRINGTON STREET S.W.
Chairman Lofdahl opened the hearing at 5:40 p.m. with the reading of publication #7822 as
published in the Hutchinson Leader on July 8, 2010. 1
�ll L6)
Minutes
Planning Commission —July 20, 2010
Page 2
Mr. Jochum commented on the request and explained the previous use as a neighborhood
grocery store. He commented on the surrounding zoning of R -2. He stated staff discussed the
address to be off of 5`" Avenue as 702 to be consistent with the addresses in the area for public
safety. The upper unit should be addressed as Unit 1 and lower unit as Unit 2. He commented
on the easterly concrete parking area as not appropriate for the residential use proposed. Staff
suggested the property owner mitigate the concrete to reduce the impervious coverage. He
commented on the staff recommendation of landscaping treatments being added to the
Harrington Street side of the residence, which would help the property fit into the surrounding
neighborhood. The proposed use meets the intent of the R -2 zoning. The lot is an existing
nonconforming lot and this is an appropriate use for the lot. Mr. Jochum commented on the
following staff recommendations:
1. The address of the property will be changed to 702 a Ave. SW, in order to be consistent
with neighboring properties, as well as be easier to find for public safety reasons.
2. Landscaping treatments should be added to the Harrington St. side of the property which
will create more green space so the property will fit the residential character of the
neighborhood better.
3. The rezoning is consistent with the Comprehensive Plan, as well as the intent of the R -2
zoning district in the Zoning Ordinance.
4. The property needs to meet the requirements of the R -2 zoning district.
Discussion followed on the lot coverage and drainage. There was a suggestion to reduce the
curb cut to 32'. The applicant is requesting the use change and the applicant is responsible to
remove the concrete. Mr. Exner suggested a 24' curb cut because there is a second access off
5`" Ave. Discussion followed on the removal of some concrete at the Planning Commisioners
discretion
Mr. Exner would suggest to get the impervious coverage to 50% and keep with character of the
neighborhood. He would recommend removing the concrete in the boulevard. He stated a
surmountable curb is alright but decrease curb cut to a 24' width.
Discussion followed on work presently being done now. It was explained only some outside
work is being done on the northeast comer of the property. Mr. Exner stated that a B -6 curb
must be replaced at the excavation work.
Lonnie Brand, Edina Realty, stated the wall being removed was silo staves and needed to be
fixed. He explained he and the property owner did not realize this was a commercial zone. He
commented on the recommendation of removing 200 sq. ft. of concrete to get to 50%
impervious coverage. He explained the plan for planters to be placed on the east side of the
house to make a residential appearance. He commented on the proposed landscaping.
Discussion followed on the location of the 200 sq. ft. to be removed. Mr. Brand explained the
snow removal issues. There was discussion on the areas that could be removed. Mr. Brand
again commented on the residential look of the house and asked if they could add green space
on top of the concrete with planters. Mr. Scott stated he will be planting gardens on the
property. Mr. Jochum commented on other options to the impervious surface issue. In
discussions on the need to remove 200 sq. ft. on the property, there was a suggestion to take
out one section of concrete on the city right of way and plant a tree with grass in the area. The
200 sq. ft. can be anywhere on the lot. The consensus was to add a recommendation to have
only 50% of impervious surface on the lot.
Mr. Jochum stated city staff will verify the actual lot coverage. Mr. Exner again stated the N.E.
corner should be a B -6 curb and will be the responsibility of the property owner to install.
� I ('�>)
Minutes
Planning Commission —July 20, 2010
Page 3
Mr. Scott commented on the look of the building and impervious surface.
Mr. Kirchoff made a motion to close the hearing. Seconded by Mr. Czmowski, the hearing
closed at 6:25 p.m. Mr. Kovacic made a motion to recommend approval of the request with
staff recommendations. 1-4 and add language to item 2 "continue with B -6 curb around the
northeast corner of the lot to the end of the radius." Also change item 4 to read: "The property
needs to meet the intent of the requirements of the R -2 zoning district and reduce the
impervious lot coverage by approximately 200 sq. ft. to 50% lot coverage." Seconded by Mr.
Kirchoff, the motion carried unanimously. Chairman Lofdahl stated this item will be placed on
the City Council consent agenda at their meeting held July 27, 2010 in the Council Chambers
at 5:30 p.m.
5. NEW BUSINESS
a) DISCUSSION OF PROPOSED AMENDMENT TO THE SIGN ORDINANCE REGARDING
MOVING MESSAGE TYPE SIGNS
Mr. Jochum commented on the revisions proposed and showed pictures of some of the existing
electronic signs in the city. He explained the new language would help address safety issues
and he commented on the need to address electronic message center sign size, brightness,
distractions, etc. There was discussion on not permitting animation on the signs. There are
some existing signs that do have animation. This would not be permitted.
b) DISCUSSION OF PROPOSED AMENDMENT TO THE SHORELAND MANAGEMENT
SECTION OF THE ZONING ORDINANCE
Mr. Jochum commented on the general definitions to define height of buildings and impervious
surface.
There was discussion on measuring the height of a building and how to measure the height on
a hill. Mr. Jochum explained there would be a proposed average grade for each situation. We
would require the average ground elevation as proposed by the surveyor.
Mr. Jochum explained impervious surface will include deck language. Discussion followed on
using roof overhangs in the calculation. We presently do not use roof overhangs in the
calculation.
Variances would be reviewed case by case on allowing use of rain gardens to mitigate the run-
off. The public hearing for the ordinance will be next month. Consensus of the commissioners is
to add mitigation language. Staff will forward the language to the Planning Commissioners
before the public hearing. There was discussion on the use of rain barrels to mitigate the first
one inch of run -off.
S. OLD BUSINESS
COMMUNICATION FROM STAFF
Mr. Jochum commented on a fence on South Grade Road by the trail. He explained it was
installed 6" to 8" from the trail. He reported the fence is on the property owners lot and according
to the ordinance can legally be installed up to the trail. He would propose future language for
At)
Minutes
Planning Commission — July 20, 2010
Page 4
setback of fences off of trails to be 2' from the trail easement. There was discussion on a
moratorium to allow time to change the language.
8. ADJOURNMENT
There being no further business the meeting adjourned at 7:20 p.m.
� �b)
CITY OF HUTCHINSON FINANCIAL REPORTS (JULY 2010 AS OF 0811612010)
EXPENDITURES BY
DEPTARTMENT:
MAYOR & CITY COUNCIL
ADMINISTRATION
ELECTIONS
FINANCE DEPARTMENT
MOTOR VEHICLE
ASSESSING
LEGAL
PLANNING
INFORMATION SERVICES
POLICE DEPARTMENT
EMERGENCY MANAGEMENT
SAFETY COMMITTEE
FIRE DEPARTMENT
PROTECTIVE SERVICES
ENGINEERING
STREETS & ALLEYS
CITY HALL BUILDING
PARK/REC ADMINISTRATION
RECREATION
SENIOR CITIZEN CENTER
CIVIC ARENA
PARK DEPARTMENT
RECREATION BLDG & POLL
EVENT CENTER
EVERGREEN BUILDING
LIBRARY
CEMETERY
AIRPORT
UNALLOCATED GENERAL EXP.
TOTAL EXPENDITURES
EXPENDITURES BY
FUNCTION OF GOVERNMENT:
2009 2010 2010 2010 2010 JULY
JULY MONTH OF JULY ADOPTED BALANCE PERCENT
YTD JULY YTD BUDGET REMAINING USED
20,829.45
2009
2010
2010
2010
2010
JULY
29,915.36
JULY
MONTH OF
JULY
ADOPTED
BALANCE
PERCENT
DESCRIPTION:
YTD
JULY
YTD
BUDGET
REMAINING
USED
TAXES
1,974,711.95
-
2,073,924.84
4,404,300.00
2,330,375.16
47%
LICENSES
44,817.43
495.95
46,100.57
58,281.00
12,180.43
79%
PERMITS
125,644.82
18,985.57
85,150.73
297,596.00
212,445.27
29%
INTERGOVERNMENTAL REVENUE
1,158,743.55
996,130.49
1,047,520.59
2,164,243.00
1,116,722.41
48%
CHARGES FOR SERVICES
826,475.60
132,436.60
877,153.45
1,767,647.00
890,493.55
50%
FINES & FORFEITS
15,812.49
4,788.13
20,736.36
45,000.00
24,263.64
46%
INTEREST ON INVESTMENTS
(11,788.39)
-
(1,134.47)
70,000.00
71,134.47
-2%
REIMBURSEMENTS
337,925.08
(70,493.85)
191,744.61
419,850.00
228,105.39
46%
TRANSFERS
748,362.41
354,019.47
712,995.83
1,901,083.00
1,188,087.17
38%
SURCHARGES
1,562.62
(77.23)
871.02
1,000.00
128.98
87%
FUND BALANCE
-
1,416,898.00
576,682.17
10,000.00
10,000.00
0%
TOTAL REVENUES
$ 5,222,467.56
$ 1,436,285.13
$ 5,065,063.63
$ 11,139,000.00
$ 6,083,936.47
45%
EXPENDITURES BY
DEPTARTMENT:
MAYOR & CITY COUNCIL
ADMINISTRATION
ELECTIONS
FINANCE DEPARTMENT
MOTOR VEHICLE
ASSESSING
LEGAL
PLANNING
INFORMATION SERVICES
POLICE DEPARTMENT
EMERGENCY MANAGEMENT
SAFETY COMMITTEE
FIRE DEPARTMENT
PROTECTIVE SERVICES
ENGINEERING
STREETS & ALLEYS
CITY HALL BUILDING
PARK/REC ADMINISTRATION
RECREATION
SENIOR CITIZEN CENTER
CIVIC ARENA
PARK DEPARTMENT
RECREATION BLDG & POLL
EVENT CENTER
EVERGREEN BUILDING
LIBRARY
CEMETERY
AIRPORT
UNALLOCATED GENERAL EXP.
TOTAL EXPENDITURES
EXPENDITURES BY
FUNCTION OF GOVERNMENT:
2009 2010 2010 2010 2010 JULY
JULY MONTH OF JULY ADOPTED BALANCE PERCENT
YTD JULY YTD BUDGET REMAINING USED
20,829.45
2,76171
20,088.89
56,310.00
36,221.11
36%
216,075.86
29,915.36
225,518.30
408,020.00
182,501.70
55%
-
488.21
2,621.58
14,000.00
11,378.42
19%
349,532.23
40,849.62
290,879.06
512,296.00
221,416.94
57%
154,438.79
20,031.33
157,399.74
234,028.00
76,628.26
67%
-
-
-
61,911.00
61,911.00
0%
106,837.06
16,341.32
115,997.88
230,363.00
114,365.12
50%
80,390.29
11,980.46
54,223.03
152,746.00
98,522.97
35%
158,491.22
22,696.70
173,840.94
283,083.00
109,242.06
61%
1,676,836.50
250,138.70
1,656,536.87
3,060,716.00
1,404,179.13
54%
4,146.72
609.81
10,716.39
18,000.00
7,283.61
60%
8,747.50
3,255.00
8,955.00
13,450.00
4,495.00
67%
179,291.94
34,163.62
196,495.11
437,194.00
240,698.89
45%
141,440.29
16,481.09
124,485.58
268,773.00
144,287.42
46%
266,623.31
36,575.36
251,946.32
462,781.00
210,834.68
54%
805,103.49
243,806.72
840,215.83
1,416,898.00
576,682.17
59%
67,414.51
6,278.37
69,307.71
143,532.00
74,224.29
48%
120,163.33
15,732.10
121,786.61
211,466.00
89,679.39
58%
168,182.04
43,156.23
165,663.05
219,566.00
53,902.95
75%
35,705.33
9,376.68
47,835.03
81,783.00
33,947.97
58%
190,539.31
17,813.54
178,474.15
326,489.00
148,014.85
55%
509,616.80
76,505.03
409,577.69
728,460.00
318,882.31
56%
101,866.96
8,365.48
85,555.57
141,716.00
56,160.43
60%
145,916.93
16,267.53
120,850.46
231,903.00
111,052.54
52%
6,881.06
213.35
6,959.55
14,050.00
7,090.45
50%
128,686.82
1,605.47
92,300.92
189,454.00
97,153.08
49%
87,883.47
11,853.66
71,511.75
134,541.00
63,029.25
53%
44,270.22
11,662.26
54,845.21
109,528.00
54,682.79
50%
443,305.16
142,809.92
436,050.66
975,943.00
539,892.34
45%
$ 6,219,216.59
5 1,091,734.63
$ 5,990,638.88
$ 11,139,000.00
$ 5,148,361.12
54%
2009 2010 2010 2010 2010 JULY
JULY MONTH OF JULY ADOPTED BALANCE PERCENT
YTD JULY YTD BUDGET REMAINING USED
GENERAL GOVERNMENT
1,154,009.41
160,796.81
1,109,877.13
2,096,289.00
986,411.87
53%
PUBLIC SAFETY
2,010,462.95
341,223.58
1,997,188.95
3,798,133.00
1,800,944.05
53%
STREETS &ALLEYS
1,071,726.80
250,085.09
1,092,162.15
1,879,679.00
787,516.85
58%
PARKS & RECREATION
1,407,558.58
173,303.31
1,229,003.03
2,144,887.00
915,883.97
57%
MISCELLANEOUS
575,458.85
166,325.84
562,407.62
1,220,012.00
657,604.38
46%
$ 6,219,216.59
$ 1,091,734.63
$ 5,990,638.88
$ 11,139,000.00
$ 5,148,361.12
54%
L)
Institution Description
Smith Barney
CD's
Smith Barney
FHLB
Smith Barney
CD's
Smith Barney
CD's
Smith Barney
CD's
Smith Barney
CD's
Edward Jones
FHLB
Wells Fargo
FHLM - Step
Wells Fargo
FHLM - Step
Wells Fargo
FHLM - Step
Wells Fargo
FHLM - Step
Wells Fargo
FNMA - Step
Wells Fargo
FNMA - Step
Wells Fargo
FHLB - Step
UBS Financial
FHLB - Step
UBS Financial
FHLB - Step
CITY OF HUTCHINSON
INVESTMENT REPORT
July 31,
2010
Date
Date
Interest
of
of
Rate
Purchase
Maturity
Amount
2.75°/x- 3.15%
5/20/2009
5/2912012
350,000.00
5.200%
4122/2010
4/15/2015
500,000.00
3.3 % -3.4%
6/10/2009
6/10/2013
300,000.00
2.450%
7/22/2009
7/2312012
500,000.00
1.400%
1/27/2010
1/27/2012
248,000.00
1.400%
1/22/2010
1/23/2012
496,000.00
2.000%
3/26/2008
3/26/2012
500,000.00
2.000%
4/29/2010
10/29/2016
650,000.00
3.000%
3/24/2010
9/24/2018
1,000,000.00
2.000%
7/27/2010
7/27/2018
500,000.00
2.625%
4/28/2010
10/28/2010
600,000.00
2.000%
6129/2010
7/12/2019
1,000,000.00
3.250%
7/10/2010
7/12/2019
1,000,000.00
2.000%
5/17/2010
5/17/2016
500,000.00
2.000%
3/23/2010
3/23/2016
500,000.00
4.125%
5/10/2010
4/29/2025
500,000.00
$ 9,144,000.00
I � Lj)
• ORDINANCE NO. 10 -0559
AN ORDINANCE SUSPENDING ENFORCEMENT OF HUTCHINSON CITY
ORDINANCE 92.18 PERTAINING TO HOURS OF CONSTRUCTION DURING THE
1if E77 QON_STRUCTION PROJECT
Findings of the City Council:
That on or about May 15, 2010, Letting No. 1, Project No. 10 -01 commenced
improvement on Adams Street /CSAH 25 in the City of Hutchinson.
In order to have the project completed in a timely manner and to eliminate delays and
additional expenses for the City of Hutchinson and the County of McLeod, as well as for the
public good, governmental entities and their contractors and subcontractors may need to work
longer hours then permitted in Hutchinson City Code §92.18 V2(c) which permits construction
activities only between the hours of 7:00 a.m. and 10:00 p.m. on any weekday or between the
hours of 9:00 a.m. and 9:00 p.m. on any weekend or holiday.
Therefore, the Council of the City of Hutchinson does hereby ordain that Hutchinson City
Code §92.18 shall not be enforced on Letting No. 1, Project No. 10 -01 until November 1, 2010.
Adopted by the City Council this 31" day of August, 2010.
0 Attest:
Gary D. Plotz, City Administrator Steven W. Cook, Mayor
•
� at!)
0
1149 Hwy 22 S.
Hutchinson, MN 55350
City of Hutchinson
SEWER • WATER • GRADING
,
(320) 587 -5918
Fax (320) 587 -1044
R &R Excavating, Inc is requesting extended work hours outside of the current city noise ordinance for the sole
purpose of saw cutting the mainline concrete on the Adams street project. This work would take place through
out the night to ensure proper stress relief of the concrete. We anticipate that this will happen 3=4•times over the
duration of the project. Notice would be given to the residents in the affected area stating when this will be
happening. We will keep this work to an absolute minimum.
Thank you for considering this request and please let us know the out come.
Gunnar Smith
Project Manager
R &R Excavating, Inc
•
is
iac�)
0
August 23, 2010
To the City of Hutchinson
Hoffman Concrete is the Concrete Paving Subcontractor for the Adams Street Project. It has been
brought to our attention that your city (like most others) has a noise ordinance and limits the working
hours for contractors. This has not been an issue with us so far but we are going to run into a problem
when we do the mainline paving on Adams Street. The nature of concrete paving requires that the slab
be sawed at the proper time to prevent random cracking. On a big slab like we are placing, this timing
is critical. If we saw too early, the joints will ravel and the aggregate /cement bond will be impacted. This
can lead to maintenance issues in the future. If we saw too late, there will be random cracking. For this
reason, we need to continue our sawing operation into the night hours. We cannot predict when a
section of the slab will be ready to saw, but the ideal window is as narrow as an hour. For this reason
we are asking for your support and begging your forgiveness in advance for any problems this sawing
may cause. Please note that we are not asking for extended working hours beyond the 6:00 AM start,
except for the sawing. This will only happen when we are doing the mainline paving. We expect this to
be no more that 3 or 4 days over the course of the remainder of the job, and will only affect one
neighborhood at a time. It will not be necessary when we are doing the turn lanes or the widening lanes
north of 5th Avenue, but may be necessary on the widening lanes south of 5`h as we get out toward the
. bridge.
We are very aware of the city's concern over the noise issue during the sawing phase, but this cannot be
helped. We face this problem on nearly every urban residential neighborhood job, but we have never
before been told that we cannot continue after a certain time. Please be assured that we will do what
we can to mitigate the problem and to delay any work that can be delayed (such as center line sawing)
until daylight hours.
Typically, the concrete is set enough to begin sawing about 8 or 9 hours after we start paving, but once
evening hits, the set rate slows. Generally the operator has a hotel room nearby, and will stop for an
hour ortwo when the cuts start to ravel, and then start back up and saw until he catches up with the
"set" again. (This is probably the most irksome to people that do not understand why he stops and then
starts back up again) He will generally finish sawing about 10 -12 hours after the paving operation stops.
The forecast for Tuesday night is into the 50's, so it will be late, but we have seen this last as long as 18 —
24 hours.
It has been suggested that we break the mainline paving north of 5th ave on Adams up into a 2 or 3 day
operation, but even if we stop each day at noon, there is no guarantee we would be done sawing within
the suggested time line. We feel it is better for all concerned if we proceed with our plans to complete
this work as quickly and efficiently as possible. It is our goal to complete this section in one day.
If we are instructed to stop sawing, we will do so, but only after we are given an official order to stop
with a time stamp record of proof for this order. At that point, we cannot accept responsibility for any
• random cracking, curling or other issues that will likely occur beyond the point where we were forced to
stop using conventional sawing methods with our rider saw.
• Thank you for your consideration. I hope everyone realizes that the integrity of a $250,000 pavement is
at stake here, and we need to be allowed to carry out our duties to ensure that it is properly cared for.
We would much rather not have someone out on the street sawing after dark, but we simply have no
choice with these big slabs.
Steve Rentz
Hoffman Concrete Inc
C .J
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