cp06-28-2011 cCouncil Workshop- Discussion with Public Arts Commission —4:00 p.m.
AGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, NNE 28, 2011
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Bethlehem United Methodist Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF JUNE 14, 2011
Action — Motion to approve as presented
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate tot a City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. ORDINANCE NO. 11-0670 —AN ORDINANCE AMENDING SECTIONS 92.60 AND 92.62 OF
THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT SERVICE AND
CEREMONY (WAIVE FIRST READING AND SET SECOND READING AND ADOPTION
FOR JULY 12, 2011)
(b) PLANNING COMMISSION ITEMS
1. CONSIDERATION OF CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG,
VILLAGE RANCH INC., COKATO, MINNESOTA, TO ALLOW A TEN BED RESIDENTIAL
BOYS GROUP HOME LOCATED AT 851 DALE STREET SW WITH FAVORABLE
PLANNING COMMISSION RECOMMENDATION (ADOPT RESOLUTION NO. 13895)
2. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154,
DEFINITIONS; SECTION 154.004, SEXUALLY ORIENTED BUSINESSES (1)(a)(b)(c) and
3(a)(b) WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (WAIVE FIRST
READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0671
FOR JULY 12, 2011)
3. CONSIDERATION OF AN AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154;
SECTION 154.167, VARIANCES WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (WAIVE FIRST READING AND SET SECOND READING AND
ADOPTION OF ORDINANCE NO. 11 -0672 FOR JULY 12, 2011)
(c) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
CITY COUNCIL AGENDA —JUNE 28, 2011
TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FROM AUGUST 17— 21, 2011, FOR
MCLEOD COUNTY FAIR
(d) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY LIQUOR LICENSE TO ST.
ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 10 & 11, 2011
(e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO ST.
ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 11, 2011
(0 CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS — 6:00 P.M. - NONE
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra wise pa icy. ways ao ing towara thejulure, not monitoring past)
(a) DISCUSSION OF STATUS OF SCHOOL ROAD NW IMPROVEMENTS PROJECT (LETTING NO. 1,
PROJECT NO. 11 -01)
Action —
(b) DISCUSSION OF CEMETERY ORNAMENTATION REGULATIONS
Action —
(c) DISCUSSION OF TH 15 WATER MAIN LINING PROJECT (LETTING NO. 6, PROJECT NO. 11 -09)
Action -
9. UNFINISHED BUSINESS
10. NEW BUSINESS
(a) CONSIDERATION OF SUPPORT FOR RIVERSONG FESTIVAL
Action — Motion to reject — Motion to approve
(b) CONSIDERATION FOR APPROVAL OF PURCHASING PROPERTY LOCATED AT 105 2ND AVENUE
SW
Action — Motion to reject — Motion to approve
(c) CONSIDERATION FOR APPROVAL OF COOPERATIVE AGREEMENT FOR BRIDGE
REPLACEMENT ON COUNTY STATE AID HIGHWAY 115 (SOUTH GRADE ROAD) AND
JURISDICTIONAL TRANSFER OF STREETSMIGHWAY IN HUTCHINSON, MINNESOTA
Action — Motion to reject — Motion to approve
11. GOVERNANCE ( Purpose: toassesspastorganizational performance, devel oppol lcythatguides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) RESOURCE ALLOCATION COMMITTEE MEETING MINUTES FROM JUNE 7, 2011
PA
CITY COUNCIL AGENDA —JUNE 28, 2011
(b) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2011
(c) PLANNING COMMISSION MINUTES FROM MAY 17, 2011
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, NNE 14, 2011
1. CALL TO ORDER — 5:30 P.M.
ayor teve oo ca e t e meeting to order. Members present were Mary Christensen, Eric Yost, Bill Arndt
and Chad Czmowski. Others present were Jeremy Carter, City Administrator and Marc Sebora, City Attorney.
2. INVOCATION — Pastor Paul Baker, Bethlehem United Methodist Church, delivered the invocation.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF MAY 24, 2011
(b) BID OPENING MINUTES FROM MAY 26, 2011 (INDUSTRIAL BOULEVARD SE)
(c) BID OPENING MINUTES FROM JUNE 2, 2011 (SCHOOL ROAD NW)
Motion by Yost, second by Christensen, 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 Fe a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13886 — RESOLUTION TO DONATE FOUND PROPERTY
2. RESOLUTION NO. 13893 -RESOLUTION COMMEMORATING THE I MTH ANNIVERSARY
OF THE HUTCHINSON, MINNESOTA CHAPTER OF THE GENERAL FEDERATION OF
WOMEN'S CLUBS
3. RESOLUTION NO. 13894 - A RESOLUTION AUTHORIZING JEREMY J. CARTER, CITY
ADMINISTRATOR, AND STEVEN W. COOK, MAYOR, TO ENTER INTO MULTI- AGENCY LAW
ENFORCEMENT JOINT POWERS AGREEMENT
(b) CONSIDERATION FOR APPROVAL OF ISSUING PARADE PEDDLER'S PERMIT TO JERRY
JOHNSON FOR JUNE 19, 2011
(c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO JAY
MALONE FROM AUGUST 13 — 22, 2011, IN HUTCHINSON MALL PARKING LOT
(d) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO GERALD
BREYER FROM JUNE 10, 2011, TO JULY 10, 2011, TO SELL FIREWORKS IN HUTCHINSON MALL
PARKING LOT
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CITY COUNCIL MINUTES JUNE 14, 2011
(e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM GAMBLING LICENSE TO
MCLEOD COUNTY CHAPTER OF DUCKS UNLIMITED ON SEPTEMBER 8, 2011
(f) CONSIDERATION FOR APPROVAL OF ISSUING TEMPORARY ON -SALE LIQUOR LICENSE TO
POWER PULL NATIONALS LLC FOR JUNE 17 & 18, 2011, AT MCLEOD COUNTY FAIRGROUNDS
(PREVIOUSLY ISSUED SHORT -TERM 3.2 MALT LIQUOR LICENSE)
(g) CONSIDERATION FOR APPROVAL OF FOUNDATION FOR CHALLENGED CHILDREN BIKE RUN
(POSTPONED FROM MAY 21, 2011)
(h) CONSIDERATION FOR APPROVAL OF DUELING PIANOS EVENT AT BURICH ARENA ON
OCTOBER 8, 2011
(i) CLA IMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Items 6(a)2, 6(a)3, 6(c) and 6(f) 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(a)2 had further discussion. Mayor Cook read the Resolution commemorating the 100`h Anniversary
of the Hutchinson Chapter of the General Federation of Women's Clubs. Mayor Cook thanked the
Women's Club for all of the work they have done over the last 100 years. Council Member Christensen
invited the public to an ice cream social on June 25, 2011, at 1:00 p.m. at the Harrington - Merrill House.
Item 6(a)3 was pulled for separate discussion. Council Member Christensen noted that Hutchinson was
misspelled throughout the document.
Motion by Christensen, second by Arndt, to approve Item 6(a)2 with the correction of "Hutchinson ".
Motion carried unanimously.
Item 6(c) had further discussion. Council Member Christensen asked if there is ample parking spaces for
the motor sale in the Mall parking lot. Jeremy Carter, City Administrator, noted that Jay Malone Motors has
proposed to have 100 vehicles in the parking lot for the tent sale. Mr. Carter suggested seeing how this year
goes with these additional items in the Mall parking lot to see if adjustments need to be made for next year.
Council Member Christensen wanted to ensure that all businesses are treated equally. It was noted that a
carnival was held in the Mall parking lot last week and there didn't appear to be any issues.
Motion by Arndt, second by Christensen, to approve Item 6(c) and evaluate how the event is held for
consideration of next year.
Item 6(f) had further discussion. Marc Sebora, City Attorney, indicated that the applicant has decided to
withdraw its application for the temporary liquor license and they will remain with the 3.2 malt liquor
license originally issued to them.
7. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF FRANCHISE AGREEMENT RENEWAL WITH LA$
PALMAS MEXICAN RESTAURANT FOR THE PURPOSE OF PERMITTING A SIDEWALK CAFE
(SECOND READING AND ADOPTION OF ORDINANCE NO. 11 -0669)
Mayor Cook noted that the additional language has been added to the ordinance requiring a payment of
$25.00 per year for five years and allowing no liquor in the sidewalk cafes area.
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CITY COUNCIL MINUTES —JUNE 14, 2011
Motion by Arndt, second by Yost, to close public hearing.
Motion by Arndt, second by Christensen, to approve franchise agreement renewal with Las Palmas Mexican
restaurant for the purpose of permitting a sidewalk cafd, adopting Ordinance No. 11 -0669. Motion carried
unanimously.
(b) CONSIDERATION OF S SUING OS RESTAURANT INTOXICATING AND SUNDAY LIQUOR LICENSE TO
N
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that the liquor license had
lapsed from the last license period, hence the reason for a new license to be issued this evening.
Brian Wright, 536 Franklin Street SW, presented before the Council. Mr. Wright voiced his support of the
restaurant obtaining a liquor license.
Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously.
See Item 10(a) for action.
(c) PROJECT (LETTING NOG AND PROJECT
NO. 11 AWARD SCHOOL ROAD NW IMPROVEMENTS
Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an overview of the project
scope, bids and associated special assessments for the School Road project. Wm. Mueller & Sons was the
apparent low bidder on the project. The looming potential State shutdown will include all federal projects,
which could affect this project. The City can still award the project and wait to see what happens with the
State.
Bob Schmidt, 450 School Road NW, presented before the Council. Mr. Schmidt asked that since the bid
exceeded the engineer's estimate is there enough funding in the contingency fund to cover additional
assessments. Mr. Exner noted that the assessments will not increase from what the residents were notified
of. The City's portion of the assessments will increase if necessary.
Motion by Arndt, second by Czmowski, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Christensen, to award project for School Road NW improvements, Letting No.
1, Project No. 11 -01 contingent upon negotiating the completion date with the contractor. Motion carved
unanimously.
Mayor Cook noted that the boulevard grass soil will be amended so that the grass will grow in better
condition.
(d) ASSESSMENT HEARING AND PROJECT AWARD FOR INDUSTRIAL BOULEVARD SE
RECONSTRUCTION & ENERGY PARK BITUMINOUS WEAR COURSE PLACEMENT PROJECTS
(LETTING NO. 2, PROJECT NO. 11 -02 & 11 -03)
Kent Exner, City Engineer, presented before the Council. Mr. Exner provided an overview of the project
scope, bids and associated special assessments for the Industrial Boulevard SE reconstruction and Energy
Park bituminous wear course placement projects. Mr. Exner noted that the low bidder on the project was
submitted by Knife River which came in lower than the engineer's estimate.
Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Czmowski, to award project for Industrial Boulevard SE reconstruction and
Energy Park bituminous wear course replacement projects, Letting No. 2, Project No. 11 -02 & I1 -03.
Motion carried unanimously.
5ta-)
CITY COUNCIL MINUTES —JUNE 14, 2011
(e) PUBLIC HEARINGS FOR 2011 PAVEMENT MANAGEMENT PROGRAM PHASE 2 PROJECT
(LETTING NO. 4, PROJECT NO. 11 -05)
Kent Exner, City Engineer, presented before the Council. This project includes roadway
rehabilitation/reconstruction and utility infrastructure installations by construction of storm sewer, drain tile,
surface reclamation/removal, grading, aggregate base, select granular borrow, concrete curb and gutter,
bituminous base, bituminous surfacing, restoration and appurtenances on sections of Roberts Street SW,
Jackson Street SW, Bradford Street SE and Linden Avenue SW /Sunset Street SW intersection. The total
project is estimated at $473,000. The City will pay for street rehabilitation, partial street reconstruction, full
street reconstruction, mill & overlay and alley reconstruction. The property owner pays for 50% of street
improvements and 100% of water /sanitary sewer services. The project is proposed to begin the end of
August.
Tiffany Haag, 615 Roberts Street, presented before the Council. Ms. Haag has concerns with the
improvements on Roberts Street and the high traffic volume. Ms. Haag inquired as to the cutoff of the
assessed properties. Ms. Haag suggested having all residents on Roberts Street be assessed due to the
majority, if not all, of the residents using the roadway.
Duane Ingebretson, 630 Roberts Road, presented before the Council. Mr. Ingebretson has concerns with the
high use of the roadway and all residents having to pay their fair share. Mr. Ingebretson feels the adjacent
property owners are being over - assessed for a heavily -used main roadway. Mayor Cook noted that the City
is paying 75% of the cost of the project with 25% being assessed to the property owners. Mayor Cook also
noted that to be consistent with the policy, the City has to assess in the same method as with all projects.
Kent Exner noted that no assessments have been assessed on these properties within the last 20 years. Mr.
Ingebretson asked if when Roberts Road was initially built was it considered a low maintenance roadway or
high maintenance roadway. Mr. Exner agreed that the current use is more of a collector street than it used to
be. Mr. Exner reviewed the "fair share" assessment method.
Tiffany Haag asked the importance of the project for this year. Mr. Exner noted that a patch job could only
last one year. After improvements, the longevity or life of the project is 10 -20 years, and more than likely
closer to 20 years.
Motion by Arndt, second by Cook, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Czmowski, to approve 2011 Pavement Management Program Phase 2 Project,
Letting No. 4, Project No. 11 -05. Motion carried unanimously.
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra t wise po icy. ways oolang toward t e uture, not monitoring past)
91
10. NEW BUSINESS
(a) DISCUSSION OF LAS PALMAS LIQUOR LICENSEVIOLATION
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted that a liquor license violation
occurred last June during a compliance check conducted by the Hutchinson Police Department. The Council
discussed potential penalties that would be consistent with other liquor violations. Mayor Cook suggested
imposing a $400 fine, purchase of an age- identification device, conduct annual training within 30 days and
have a background investigation completed on the applicant. In addition, the license fee will be prorated.
Motion by Arndt, second by Christensen, to impose the following penalties on Juan Perez, dba Las Palmas
Mexican Restaurant, liquor license: imposing a $400 fine, purchase an age - identification device, conduct
annual training within 30 days and have a background investigation completed on the applicant and
approving the intoxicating and Sunday liquor license for Juan Perez of Las Palmas Mexican Restaurant.
Motion carried unanimously.
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CITY COUNCIL MINUTES —JUNE 14, 2011
Juan Perez, Jr. asked when they can begin selling liquor. It was concurred that once the fine is paid they can
begin selling immediately.
(b) CONSIDERATION FOR APPROVAL OF AIRPORT PROJECT ITEMS
PROFESSIONAL SERVICES AGREEMENT WITH TKDA
ADVERTISEMENT FOR BIDS FOR LETTING NO. 8, PROJECT NO, 11 -09
John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the proposed
project is to repair cracks in the runway /taxiway at the municipal airport using a spray injection patching
method. Since this is considered a maintenance project it is eligible under the Federal Aviation
Administration's Airport Improvement Project which provides for 95% of the funding, with a 5% match by
the City. Therefore, the total project funding of the City is $6,000.00. TKDA would maintain the project
formulation/preliminary design, design the crack repair project, provide construction phase services and
conduct the post - construction/reporting phase.
Motion by Arndt, second by Cook, to approve professional services agreement with TKDA and approval of
advertisement for bids for Letting No. 8, Project No. 11 -09 contingent on receiving FAA funding. Motion
carried unanimously.
(c) CONSIDERATION FOR APPROVAL OF SETTING PUBLIC MEETING FOR JUNE 20, 2011, AT 9:00
A.M. AT EMERGENCY OPERATIONS CENTER FOR EMERGENCY PREPAREDNESS TRAINING
Motion by Czmowski, second by Yost, to set public meeting for June 20, 2011, at 9:00 a.m. at Emergency
Operations Center for emergency preparedness training. Motion carried unanimously.
(d) CONSIDERATION D
DISCUSSION WITH PUBLIC LARTS COMMISSION COUNCIL R JUNE 8, WORKSHOPS 01, AT 4:00 P.M.
GENERAL FUND BUDGET WORKSHOP FOR JULY 12, 2011, AT 4:00 P.M.
REVIEW OF 2010 FINANCIAL AUDIT FOR JULY 26, 2011, AT 4:00 P.M.
Motion by Yost, second by Czmowski, to approve setting City Council workshop as noted above. Motion
carried unanimously.
(e) PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 P AVENUE SE (C) TO DISCUSS
Motion by Christensen, second by Arndt, to convene into closed session at 7:27 p.m. Motion carried
unanimously. Those present at the closed session were: Historic Hutchinson representatives: Robin
Kashuba, Shirley Wurdell, Kay Voigt, Butch Pendergast; City Council Members: Mayor Steve Cook, Bill
Arndt, Mary Christensen, Eric Yost, Chad Czmowski; Others: Real Estate Representative Jim Fahey, PRCE
Director Dolf Moon, City Attorney Marc Sebora, City Administrator Jeremy Carter, City Engineer Kent
Exner, and Recording Secretary Melissa Starke.
Motion by Arndt, second by Christensen, to reconvene into open session at 8:27 p.m. Motion carried
unanimously.
11. GOVERNANCE ( Purpose: toassesspastorganizational performance, devel oppol icythatguides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2011
(b) LIBRARY BOARD MINUTES FROM MARCH 28, 2011
(c) PARKS, RECREATION, COMMUNITY EDUCATION BOARD MINUTES FROM APRIL 4, 2011
(d) WEED NOTICE MONTHLY REPORT FOR MAY 2011
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CITY COUNCIL MINUTES JUNE 14, 2011
No action required.
12. MISCELLANEOUS
Mary Christensen — Council Member Christensen asked about the fountain in the river. Kent Exner, City
Engineer, noted that the fountain is not operating due to either the motor pump or the motor itself The
motor manufacturer will be out to do an analysis with the fountain in the river.
Council Member Christensen also asked about tree clean up in the banks/dam of the river. Kent Exner noted
that the water level needs to be lessened and then some clean up can be done. However, discussion needs to
be held as to the level and amount of clean up. Staff will draft a policy with input from the DNR.
Bill Arndt — Council Member Arndt noted that the American Legion and VFW have an annual tradition to
bum unusable flaps. They typically do that outside city limits, however their request is to do so in the VFW
or American Legion parking lot. They want this done in a proper way. Marc Sebora, City Attorney, will
revise City ordinance to allow this.
Council Member Arndt also noted that the City should write a strong -o inioned letter to the Governor and
State legislature on the potential state shutdown and the costs associated with this. The letter will be from all
the Council Members.
Council Member Arndt, on behalf of the VFW and American Legion, thanked Chief Dan Hatten and the
police department in their assistance with the Memorial Day Parade and ceremony.
Kent Exner — Mr. Exner commended John Olson and Elvis Voigt from McLeod County who both put
together a grant application to receive funds for a sealcoating product that is bio- based. A $5800 grant was
received to purchase the product and apply it on the Century Avenue trail and on the Fairgrounds property.
Mayor Cook — Mayor Cook noted that bonding requests for the Luce Line Trail must be submitted by the
end of the month. The Council concurred to support Luce Line Trail improvements
13. ADJOURN
Motion by Arndt, second by Christensen, to adjourn at 8:27 p.m. Motion carried unanimously.
56J
ORDINANCE NO. 11 -0670 — AN ORDINANCE AMENDING SECTIONS 92.60 AND
92.62 OF THE HUTCHINSON CITY CODE ALLOWING FOR FLAG RETIREMENT
SERVICE AND CEREMONY
THE CITY OF HUTCHINSON ORDAINS:
§ 92.60 DEFINITIONS.
For the purpose of this chapter, the following definitions shall apply unless the context
clearly indicates or requires a different meaning.
FIRE CHIEF and CHIEF OFFICERS. The Fire Chief and Chief Officers of the Fire
Department which provides fire protection services to the city.
purpose of properly disposim of worn American flags or those flags which are otherwise
unsuitable to be used as a symbol of the United States.
OPEN BURNING. The burning of any matter if the resultant combustion products are
emitted directly to the atmosphere without passing through a stack, duct or chimney, except a
"recreational fire" as defined herein. Mobile cooking devices such as manufactured hibachis,
charcoal grills, wood smokers, and propane or natural gas devices are not defined as "open
burning."
RECREATIONAL FIRE. A fire set with approved starter fuel no more than three feet
in height, contained within the border of a "recreational fire site" using dry, clean wood;
producing little detectable smoke, odor or soot beyond the property line; conducted with an adult
tending the fire at all times; for recreational, ceremonial, food preparation for social purposes;
extinguished completely before quitting the occasion; and respecting weather conditions,
neighbors, burning bans, and air quality so that nuisance, health or safety hazards will not be
created. No more than one recreational fire is allowed on any property at one time.
RECREATIONAL FIRE SITE. An area of no more than a three foot diameter circle
(measured from the inside of the fire ring or border); completely surrounded by non - combustible
and non -smoke or odor producing material, either of natural rock, cement, brick, tile or blocks or
ferrous metal only an which area is depressed below ground, on the ground, or on a raised bed.
Included are permanent outdoor wood burning fireplaces. Burning barrels are not a "recreation
fire site" as defined herein. Recreational fire sites shall not be located closer than 25 feet to any
structure.
STARTER FUELS. Dry, untreated, unpainted, kindling, branches, cardboard or
charcoal fire starter. Paraffin candles and alcohols are permitted as starter fuels and as aids to
ignition only. Propane gas torches or other clean gas burning devices causing minimal pollution
must be used to start an open bum.
cp(0j I
WOOD. Dry, clean fuel only such as twigs, branches, limbs, "presto logs," charcoal,
cord wood or untreated dimensional lumber. The term does not include wood that is green with
leaves or needles, rotten, wet, oil soaked, or treated with paint, glue or preservatives. Clean
pallets may be used for recreational fires when cut into three foot lengths.
§ 92.62 PERMIT REQUIRED FOR OPEN BURNING.
No person shall start or allow any open burning on any property in the city without first
having obtained an open burn permit, except that a permit is not required for any fire which is a
recreational fire or which is a part of a Flag Retirement Service and Ceremony as defined in §
92.60.
Penalty, see § 92.99
Adopted by the City Council this 12th day of July, 2011.
Steven W. Cook
Mayor
ATTEST:
Jeremy J. Carter
City Administrator
(0 l9 1
MEMORANDUM
DATE: June 22, 2011, for the June 28, 2011, City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, AICP, Planning Director
SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO ALLOW A 10 BED
RESIDENTIAL BOYS GROUP HOME LOCATED AT 851 DALE STREET SW
APPLICANT: SCOTT BAKEBERG, VILLAGE RANCH INC., COKATO MN
Backaround:
Scott Bakeberg, Executive Director, Village Ranch, Cokato, MN, is requesting a conditional use
permit to allow them to expand their program to provide transitional placement for 10 adolescent
males to live at 851 Dale Street S.W. The R -3 District conditionally permits state licensed residential
facilities serving from seven through 16 persons. (The building was originally approved for the
Averyon Home group home in 1975.) The program will help the residents to get a job and attend
college to attain the skills necessary to live on their own. The individuals living at the house do have
behavioral problems and the house will be staffed 24 hours so they will be supervised at all times.
There will be minimal traffic on the premises. Additional information is contained in the attached staff
report and attachments.
Plannina Commission Meetin
The Planning Commission held a public hearing and considered the request at their June 21 st
meeting. Neighboring property owner, Mr. David Lahr, 1012 a Ave. NW, asked for more information
regarding the group home and type of residents who will be living at the residence and what offenses
have they committed. Mr. Bakeberg stated because of privacy laws he is not allowed to divulge legal
information regarding the residents. He explained the Village Ranch is licensed by the State and has
been operating in Cokato for 23 years. He stated the kids living at Village Ranch have varying
behavioral problems and need guidance and supervision to transition into the next stage of their life.
Some of the boys will be in the Hutchinson High School REACH program. The older boys will be
looking for jobs and /or going to Ridgewater College. He explained the boys living here are older and
have no parental help once they transition out of the program at Cokato. Mr. Bakeberg stated the
residents of the home will be an asset to the community. Tobii Ives, 915 Neil Ave SW, neighboring
property owner, asked if any of the boys were sexual offenders. Mr. Bakeberg explained they have
worked with abused kids and he could say these residents will be a low risk to do harm to anyone
else. He stated because of privacy laws he is not allowed to divulge legal information regarding the
residents. Ms. Ives asked if neighbors would be notified if there were sexual offenders living there.
Mr. Bakeberg explained there is notification if the resident is over 18 years of age. Mr. Bakeberg
assured the neighbors that the residents are supervised 24 hours a day, seven days a week. He
introduced staff who will be employed at the house in Hutchinson and explained staff is awake during
the evening and night hours. They take supervision very seriously and there are alarms on all
windows and doors and cameras in the house. Also, none of the residents are allowed to have
driver's licenses. After discussing the request, the Planning Commission recommended approval
with the following findings and recommendations:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Maximum of 10 individuals will be allowed to live in the home.
('C6)1
RESOLUTION NO. 13895
CONDITIONAL USE PERMIT REQUESTED BY SCOTT BAKEBERG, VILLAGE
RANCH INC., COKATO MN, TO ALLOW A 10 BED RESIDENTIAL BOYS GROUP
HOME LOCATED AT 851 DALE STREET SW
Whereas, Scott Bakeberg, Village Ranch Inc., property owner, requested approval of a
conditional nsP. permit to allow a hoyq group home for 10 residents located at 851 Dale Street
S.W. The program will provide transitional placement for 10 adolescent males and will help the
residents to get a job or attend college to attain the skills necessary to live on their own. The
house will be staffed every day 24 hours a day so they will be supervised at all times.
Legal Description: Lot 92 except the North 225 feet and except the triangular tract 81.73 feet x
82.42 feet x 12.6 feet in the southwest comer, Lynn Addition
Whereas, the Planning Commission met on June 21, 2011, 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
findings and conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to
the conditions stated.
2. Maximum of 10 individuals will be allowed to live in the home.
Adopted by the City Council this 28th day of June, 2011.
ATTEST:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
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S DIRECTORS REPORT - PLANNING DEPARTMENT
0-------------------------------------------------------------- ....... ------------
To: Hutchinson Planning Commission
From: Brad Etnans, Dolf Moon, Dare Hunstad, Miles Seppelt, Seth Kauffman, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent
Eaner, John Paulson, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Date
Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting
(in hold)
Date: June 9, 2011 for the June 21, 2011, Planning Commission Meeting
Application: Conditional use permit to allow a boys group home for 10 residents located
at 851 Dale Street SW
Applicant: Scott Bakeberg, Village Ranch Inc., Cokato MN
CONDITIONAL USE PERMIT
Scutt Bakeberg, Executive Director, Village Ranch, Cokato, MN, is requesting a conditional use permit to
allow them to expand their program to provide transitional placement for 10 adolescent males to live at
851 Dale Street S.W. The R -3 District conditionally permits state licensed residential facilities serving
from seven through 16 persons. The program will help the residents to get a job and attend college to
attain the skills necessary to live on their own. The individuals living at the house do have behavioral
problems and the house will be, staffed 24 hours so they will be supervised at all times. There will be
minimal traffic on the premises.
Conditional use permit
Planning Commission — 621 -11
Boys Group Home — 851 Dale Street SW
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
Recommendation:
GENERAL INFORMATION
R -3 (Medium — High Density Residential)
851 Dale Street SW
Approximately 2 acres
Vacant house; previously rental units
R -2 (Medium Density Residential)
Traditional Residential Neighborhood
Rezoned from R -2 to R -3 in December, 1975, along with granting a conditional
use permit to allow the Averyon group home to be located on the lot.
Section 154.058, City Code
Staff recommends approval of the request. Discussion centered on the work that has begun to
clean up the property and how much better the property looks.
In reviewing the CUP, the Commission shall consider if the request meets the following standards:
(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 request with the following conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Maximum of 10 individuals will be allowed to live in the home.
i� e )I4#C4
ith St. SW • Cokato, Minnesota 55321 • (320) 286 -2922
Fox (320) 286 -2875
Village Ranch was established in the fall of 1988 as an outgrowth of Village Schools of the Bible
by a group of Christian businessmen and community leaders as a private, non -profit (501 -C3)
corporation with the charter to provide support services for the growing needs among
adolescents and families. For over twenty three years Village Ranch has prided itself on the
values of responsibility, honesty, integrity, care and concern. Village Ranch has a treatment
philosophy that creates accountability in a relationship -based environment that operates under a
collaborative effort with all individuals involved in each adolescent's life.
The Village Ranch has applied for a conditional use permit with the city of Hutchinson to
operate a transitional program out of the 851 Dale Street property. The program will allow us to
provide assistance to adolescents that have little or no family support to prepare them for
independent living. We would have no more than ten residents living in the home at one time.
We would have a wake staff on -sight when the residents present to provide supervision at all
times. The adolescents would consist of males between the ages of 16 —19 years of age who
have had behavior issues and now need guidance to prepare them for living independently. The
primary focus of the placement would be to prepare the adolescent for adult living and not
behavior therapy. We would be looking for jobs in the area to help them create a savings account
and create money management skills for the future. They would attend the Hutchinson High
School and/or Ridgewater College for their educational needs.
The Village Ranch is very excited to have an opportunity "fill the void" that there has been in the
continuum of care for adolescents. It is a program that will allow us to support adolescents that
are in need of independent living support that most kids get from their families. However, the
adolescents that we would be servicing are not able to access that family support.
MEMORANDUM
DATE: June 22, 2011, for the June 28, 2011, City Council Meeting
TO: Hutuhinsun City Council
FROM: Dan Jochum, Planning Director
SUBJECT: AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154; SECTION
154.004, DEFINITIONS, SEXUALLY ORIENTED BUSINESSES, (1) (a,b,c) and
(3)(a,b)
Backaround:
At their May 17'" meeting, the Planning Commission directed staff to amend the ordinance regarding
the percentage of square footage of inventory, floor space and gross revenues for businesses with
sexually oriented materials for sale. The changes proposed are similar to the recently amended New
Prague ordinance.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the amendment at their June 21"
meeting. There was no one from the public present objecting to the amendment. After discussion,
the Commission recommended approval.
Recommendation:
The Planning Commission recommended approval of the attached ordinance.
c (—Ic�a.
DIRECTORS REPORT - (PLANNING YDEPARTMENT
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To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Seth Kauffman, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent
Eaner, John Paulson, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan
Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting
(in bold)
Date. June 14, 2011, for June 21,2011, Planning Commission Meeting
RE: AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154;
DEFINITIONS; SECTIONS 154.004, SEXUALLY ORIENTED
BUSINESSES (1)(a)(b)(c) and (3)(a)(b)
SEXUALLY ORIENTED BUSINESSES AMENDMENT TO THE ORDINANCE
At their May 17th meeting, the Planning Commission directed staff to amend the ordinance
regarding the percentage of square footage of inventory, floor space and gross revenues for
businesses with sexually oriented materials for sale. The changes proposed are similar to the
recently amended New Prague ordinance.
Analysis and
Recommendation:
Staff reviewed the proposed ordinance amendment at the May 31, 2011, planning staff meeting.
Staff is 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.
��a
PUBLICATION NO.
ORDINANCE NO. 11 -0671
AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION 154.004, DEFINITIONS;
SEXUALLY ORIENTED BUSINESS (1)(a)(b)(c) and (3)(a)(b)
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 154, Zoning; Section
154.004, definitions of sexually oriented business.
§ 154.004 DEFINITIONS
SEXUALLY ORIENTED BUSINESS. Shall include the following:
(1) A business that meets any of the following criteria, measured on a daily, weekly, monthly, or yearly basis:
(a) Has more than 5% of its inventory, stock -in -trade, or publicly displayed merchandise in sexually
oriented materials;
(b) Devotes more than 200 sq. ft. of its floor area (not including storerooms, stock areas, bathrooms,
basements, or any portion of the business not open to the public) to sexually oriented materials; or
(c) Derives more than 101/6 of its gross revenues from sexually oriented materials; or
(2) A business that engages for any length of time in a sexually oriented use as defined in this section or any
other use that has an emphasis on specified sexual activities or specified anatomical areas;
or
(3) A sexually oriented business shall be restricted from and prohibit access to minors by the physical
separation of such items from areas of general public access:
(a) Movie rentals Dismay areas shall be restricted from general view and shall be located within a
separate room the access of which is in clear view and under the control of the persons responsible
for the operation or shall be in catalogs under the direct control and distribution of the operator.
(b) Magazines Publications classified or qualifying as sexually oriented shall be covered with a wrapper
or other means to prevent diVllav or any material other than the publication title.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and publication.
Adopted by the City Council this 12i° day of July, 2011.
Attest:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
Co (%��2
MEMORANDUM
DATE: June 22, 2011 for the June 28, 2011 City Council Meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
SUBJECT: AMENDMENT TO THE ZONING ORDINANCE CHAPTER 164; SECTION 154.167,
VARIANCES
Background:
The State of Minnesota has amended State law regarding the standards for granting a variance. The
law applies to counties, cities and towns with zoning controls. The change applies similar standards to
the individual county and municipal planning and zoning statutes. The reason for this ordinance
amendment is to make the City of Hutchinson Zoning Ordinance consistent with State law. The major
change was that the term "hardship" is now eliminated and allows a zoning authority to issue a variance
to a zoning control if there are "practical difficulties ". "Practical difficulties" are described as follows:
1. "the property owner proposes to use the property in a reasonable manner not permitted by an
official control;
2. The plight of the landowner is due to circumstances unique to the property not created by the
landowner; and
3. the variance, if granted, will not alter the essential character of the locality."
A variance may be issued only if it is "in harmony with the general purposes and intent" of the ordinance
and consistent with the comprehensive plan.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the amendment at their June 21"
meeting. There was no one from the public present objecting to the amendment. After discussion, the
Commission recommended approval.
Recommendation:
The Planning Commission recommended approval of the amendment and the attached ordinance.
Summary Ordinance:
The ordinance will take effect after a summary of the ordinance is published. Due to the size and cost
of publishing the full ordinance, staff has prepared a summary ordinance to be published. The proposed
summary for the ordinance is attached. State Statues require the City Council to approve publishing of a
summary ordinance with a 4/5 majority.
Requested Action: Approval of the following:
Approval to publish the attached summary ordinances.
Attachments: Summary Ordinance
(46 3
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DIRECTORS REPORT - PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles Seppelt, Seth Kauffman, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kent
Eaner, John Paulson, Marc Sebora, Jeremy Carter, Dan Hatten, Dick Nagy, Dan
Jochum and Bonnie Baumetz (Persons in attendance at Planning Staff Meeting
(in bold)
Date: June 14, 2011, for June 21, 2011, Planning Commission Meeting
RE: AMENDMENT TO THE ZONING ORDINANCE CHAPTER 154;
SECTION 154.167, VARIANCES
AMENDMENT TO THE ORDINANCE - VARIANCES
The State of Minnesota has amended State law regarding the standards for granting a variance.
The law applies to counties, cities and towns with zoning controls. The change applies similar
standards to the individual county and municipal planning and zoning statutes. The reason for
this ordinance amendment is to make the City of Hutchinson Zoning Ordinance consistent with
State law. The major change was that the term "hardship" is now eliminated and allows a zoning
authority to issue a variance to a zoning control if there are "practical difficulties ". "Practical
difficulties" are described as follows:
1. "the property owner proposes to use the property in a reasonable manner not permitted by an
official control;
2. The plight of the landowner is due to circumstances unique to the property not created by the
landowner; and
3. the variance, if granted, will not alter the essential character of the locality."
A variance may be issued only if it is "in harmony with the general purposes and intent' of the
ordinance and consistent with the comprehensive plan.
Analysis and
Recommendation:
Staff reviewed the proposed ordinance amendment at the May 31, 2011, planning staff meeting.
Staff is 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.
Publication No.
Summary Ordinance for the City of Hutchinson amending City Code Chapter 154 —
Zoning; Section 154.167, Variances
The City of Hutchinson has adopted Ordinance 11 -6072 to amend the Hutchinson City
Code Title VX, Land Usage, Chapter 154, Zoning, to amend Section 154.167, Variances.
The following is a summary of the adopted ordinance:
The reason for this ordinance amendment is to make the City of Hutchinson Zoning
Ordinance consistent with State law. The major change was that the term "hardship" is
now eliminated and allows a zoning authority to issue a variance to a zoning control if
there are "practical difficulties ". "Practical difficulties" are described as follows:
1. "the property owner proposes to use the property in a reasonable manner not
permitted by an official control;
2. The plight of the landowner is due to circumstances unique to the property not created
by the landowner; and
3. the variance, if granted, will not alter the essential character of the locality."
A variance may be issued only if it is "in harmony with the general purposes and intent'
of the ordinance and consistent with the comprehensive plan.
Effective Date: This ordinance becomes effective upon its passage and publication
according to law. The ordinance was adopted unanimously by the City Council on July
12, 2011. A copy of the complete ordinance is available for review at the City offices,
111 Hassan Street S.E., Hutchinson. Contact Dan Jochum at (320) 234 -4258 for more
information.
Submitted by:
Dan Jochum
Planning Director
Li71.3
PUBLICATION NO.
ORDINANCE NO. 11 -0672
AN ORDINANCE AMENDING CITY CODE CHAPTER 154 — ZONING; SECTION
154.167, 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 154, Zoning; Section 154.167, Variances
154.167 VARIANCES.
(A) Authority and conditions.
(1) The Planning Commission, acting as the Board of Adjustments and Appeals, is
authorized to hear requests for variances from the literal provisions of this chapter in instances
where their strict enforcement would cause uftdxe haFdsWp practical difficulties because of
circumstances unique to the individual property under consideration, and to grant such variances
only when it is demonstrated that such actions will be in keeping with the spirit and intent of the
ordinance and when the variances are consistent with the comprehensive plan. "Undue "
varianee, if granted, YAA net alter. the esseff6a] ehammr- of the . Variances may be
wanted when the applicant for the variance establishes that there are practical difficulties in
complying with the official control. "Practical difficulties" as used in connection with the
granting of a variance, means that the property owner proposes to use the property in a
reasonable manner not permitted by an official control: the plight of the landowner is due to
circumstances unique to the property not created by the landowner: and the variance, if granted,
will not alter the essential character of the locality. Economic considerations alone shall do not
constitute
erdiame e practical difficulties. Practical difficulties Undue —ha also includes, but is arc
not limited to, inadequate access to direct sunlight for solar energy systems. Variances shall be
granted for earth sheltered construction as defined in section 216C.06, subdivision 2 14 when in
harmony with the ordinance. The Planning Commission may not permit as a variance any use
that is not permitted under the ordinance for property in the zone where the affected person's land
is located. The Planning commission may permit as a variance the temporary use of a one family
dwelling as a two family dwelling. The Planning Commission may impose conditions in the
granting of variances. . A condition must
be directly related to and must bear a rough proportionality to the impact created by the variance
(2) The conditions cited as reason for granting a variance must be due to physical
conditions unique to the land or building involved and must not be applicable to other sites in the
C9GAC�3
Ordinance #11 -0672
Section 154.167
July 12, 2011
Page 2
same zoning district. Economic considerations may be taken into account but shall not by
themselves be the reason for which a variance is granted.
(3) Specific conditions and safeguards may be imposed upon the premises benefitted by
a variance as considered necessary to prevent injurious effects upon property in the
neighborhood or upon public facilities and services. Violation of those conditions and
safeguards shall be a violation of this chapter.
(4) Within the floodway or flood fringe districts, no variance may permit a lower degree
of encroachment than the regulatory flood protection elevation for that particular area.
(B) Procedures
(1) An application for a variance shall be submitted to the Zoning Administrator. A
nonrefundable application fee, established from time to time by the City Council to cover
administrative costs and costs of the hearing, shall accompany each application. The application
shall contain the following information, as well as additional information as may be required by
the Zoning Administrator:
(a) A site plan drawn to scale showing the property dimensions, existing and
proposed buildings and other structures, existing and proposed grading, landscaping, easements
and location of utilities, as applicable. The Zoning Administrator may require the applicant to
obtain a certified survey at the time of application;
(b) The particular requirements of this chapter which prevent the proposed use or
construction;
(c) The characteristics of the subject property which prevent compliance with the
requirements of this chapter;
(d) The minimum reduction of the requirements of this chapter which would be
necessary to permit the proposed use or construction;
(e) The particular hardship which would result if the particular requirements of this
chapter were applied to the subject property; and
(f) If the variance is part of an application for commercial, industrial or multiple -
family residential site plan approval, all of the submittal requirements for a site plan in §
154.169(B)(1) of this code shall also apply.
(2) (a) A public hearing shall be set, advertised and conducted by the city's Planning
Commission in accordance with § 154.171 of this code.
N
Ordinance k11 -0672
Section 154.167
July 12, 2011
Page 3
(b) For a variance in the floodway or flood fringe district, the Zoning Administrator
shall submit to the Commissioner of Natural Resources a copy of the application for proposed
variances located in the floodway or flood fringe district sufficiently in advance so that the
Commissioner will receive at least ten days' notice of the hearing.
(3) Within 30 days following the close of the public hearing, the city's Planning
Commission shall render its decision recommending granting or denying the variance. The
decision shall be accompanied by findings of fact and shall refer to any exhibits containing plans
and specifications for the proposed variance. The plans and specifications shall remain a part of
the permanent records of the city's Planning Commission. The findings of fact shall specify the
reason or reasons for granting or denying the variance. The terms of relief granted shall be
specifically set forth in a conclusion or statement separate from the findings of fact.
(a) Any aggrieved person may appeal a decision of the Planning Commission to the
City Council.
(b) Motions on variances require a simple majority of the Planning Commission or
City Council for passage.
(4) A copy of all decisions granting a variance in a floodway or flood fringe district
shall be forwarded to the Commissioner of Natural Resources within ten days of the action.
EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect upon its adoption and
publication.
Adopted by the City Council this 12' day of July, 2011.
Attest:
Jeremy J. Carter
City Administrator
Steven W. Cook
Mayor
V/ 3
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1 I 1 Hassan Street Southeast
Hutchinson, MN 55350
(320)587 -515 I/Fu:(320) 234 -4240
,
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
keo
Business/Ckganfz at' n Name
Number
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L y� �Phone
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Business /OrganizationA s
City State Zip
T e o ness /Or anization
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Applicant Name
4 9 9
Phone Number
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(fit fCGti n S .vin/ 563S Z)
Applicant Address
city State Zi
Officer s /Owners of the Or anization/Business i necessa ,
list additional names on se orate sheet
-SC-0147
-Prtsl de k,
Name
J7 Vim, Lt -e_
Title
V i c es
Name
r5 I lam-
Name
Title
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Title
3.2 Malt Liquor Sales Information
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Location of Sales Date(s) of Sales %
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Address U Contact Person
Checklist
The following items need to be completed and/or attached`` in,, order for the application to be processed:
Application fee paid in full (check or money order): Dyes ❑ no
Application completed in full and signed b applicant: // `` es ❑ no
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those
certain premises in the City of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21
years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of
said applicant or any interest therein.
6-0
City of hutchinson
Application for ShortTerm 3.2 Malt
Liquor License —On -Sale
Page 2 of 2
That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and
hereby agrees to observe and obey the same.
Each Applicant further states that he /she is not now the holder of, nor has he /she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted.
Signature of author
❑ denied Notes:
(O// -S /°20 //
Date
�06 -z ,3" /Z
Date
i
Minnesota Department of Public Safety
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Street Suite 133, St. Paul MN 55101 -5133
(651) 201 -7507 Fax (651) 297 -5259 TTY (651) 282 -6555
W W W.DPS.STATE.MN.US
APPLICATION AND PERMIT
FOR A I TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
TYPE OR PRINT INFORMATION
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-it
NAME OF ORGANIZATION
DATE ORGANIZED
TAX EXEMPT NUMBER
S+ N4-sI-As IA e 070 )eel
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St-17 &53531F
STREET ADDRESS
CITY
STATE
ZIP CODE
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NU %GY1AfWA/
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56`3 5e
NAME OF PERSON MAKING APPLICATION
BUSINESS PHONE
HOME PHONE
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DATES LIQUOR WILL BE ' LD s/
TYPE OF ORGANIZATION
D 4Z
CLUB CHARITABLE
ORGANIZATION OFFICER'S NAME
ADDRESS
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ORGANIZATION OFFICER'S NAME
ADDRESS
ORGANIZATION OFFICER'S NAME
ADDRESS
Location license will be used. If an outdoor area, describe
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Will the applicant contract for intoxicating liquor service? If so, give the name and address of the liquor licensee providing the service.
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Will the applicant tarty Ii nor liability /l 1}ianfl�T(e�+.
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APROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING
ENFORCEMENT
CITY/COUNTY flcnn
DATE APPROVED
CITY FEE AMOUNT %`6, p (�)
LICENSE DATES
DATE FEE PAID to _ Z.?-- ( 1
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED DIRECTOR ALCOHOL AND GAMBLING ENFORCEMENT
NOTE: Submit this form to the city or county 30 days prior to event. Forward application signed by city and/or county to the address
above. If the application is approved the Alcohol and Gambling Enforcement Division will return this application to he used as the License for the event
PS -09079 (05/06)
C' cj�
111 Hassan Street Southeast
Hutchinson, MN 55350
(320) 587 -515 UFax: (320) 2344240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 30 days before event in order to be considered
Application,Type
1 Short Term Date(s) 6q— Fee: $30.00
MonthlD /Year— Month/D /Year
Or anizaticn Information
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Name Phone Number
7� �AICE Si -Slu ` (NSaN, _MAI Ss 3S
Address where regular meeting are held n City State zip
Day and time of meetings? 4%i# � .- Aa&zzz -
Is this organization organized under the laws of the State of Minnesota? Dyes ❑ no
How long has the organization been in existence? 1,9 27 How may members in the organization? 30 64
What is the purpose of the organization? 6EL/ 6p/t176 S — f.-6u 0,+17,9 N
In whose custody will organization records be kept?
6-09,1 1/ qL- ?v2o SS% �aSa7
Name Phone Number
4716,:) y- K& S9 -S 41 /�r6rGitlNSo I /}w ssSsy
Address city State zip
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True Name Phone Number
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Residence Address City /'State zip
Date of Birth: �ja-- l G'j l y? Place of Birth: �bttl Ly[/YJ
Month/day /year City State
Have you ever been convicted of any crime other than a traffic offense? U yes 111no
If yes, explain:
019,1,1 ?,011 pa ftD o
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City of Hulchinson
Applicalion far Bingo Gambling Devices License
Page 2 of 3
lop 7/fUL ��50 �7-�OS07
True Name Phone Number
�/S GRA�fA�t 51 lkrcly INSolv Alil Es-
Residence Address City State Zip "
Date of Birth: / /,3 / & I Place of Birth: S�. /-- 1 �V
Monthlday /year City State
Have you ever been convicted of any crime other than a traffic offense? ❑ yes *'no
If yes, explain:
How long have you been a member of the organization?
Game Information
Location #1 -7 /-
2�-,�/'G//�7�!
Name of location where game will be played Phone Number
yea lam& y, g, A) zv/ /"W s3se
Address of location where game will be played City State Zip
Date(s) and/or day(s) gambling devices will be used: 07,11-11 through (3q— i /- //
AM
Hours of the day gambling devices will be used: From dD pM To 5 Ol/i
Maximum number of player:
Will prizes be paid in money or merchandise? 9money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? Xyes ❑ no
If yes, will a charge be made for such refreshments? es ❑ no
Game Information
Location #2
Name of location where game will be played Phone Number
Address of location where game will be played City State Zip
Date(s) and /or day(s) gambling devices will be used: through
AM AM
Hours of the day gambling devices will be used: From pM To PM
Maximum number of player:
Will prizes be paid in money or merchandise? ❑ money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If yes, will a charge be made for such refreshments? ❑ yes ❑ no
Name Title
l C�/ ko '4 yV. /iVSO *� Ss3sa
Residence Address City State Zip
Name
Title
Residence Address City State Zip
City ofHutchmson
Application far Bingo Gambling Devices License
Page 3 of 3
Name
Residence Address City State
Officers or Other Persons Paid for Services Information (ifnecessarv. list additional names on separate sheet) I
Name
Residence Address City State Zip
Name
Title
Residence Address City State Zip
Name Title
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 1 14.20 and Minnesota Statutes Chapter 349)?
Gambling Manager 'x yes ❑ no 1� Authorized Officer )dyes ❑ no
Initial Initial
1 declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling and I will familiarize myself with the contents thereof.
Signature qfauthorized officer of organization Date
Si6fnature ofgambling manager of organization Date
Internal Use On 77
City Council ❑ approved ❑ denied Notes:
co (.e>
CITY OF HUTCHINSON
R55CKREG LOG22001VO Council Check Register 6/23/2011
Check #
165925
165926
165927
165928
165929
165931
165932
165933
165934
165935
165936
165937
165938
165939
165940
165941
165942
165943
165944
165945
165946
165947
165948
165949
Ck Date
6/15/2011
6/15/2011
6/15/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
Amount
834.18
61.00
50.00
310.00
588.94
45.72
25,563.83
179.68
108.07
8.99
61.86
505.52
15,650.39
11.25
49.02
49.28
1,132.60
903.50
226.66
3,910.00
1,112.48
78.54
206.13
137.03
63.56
200.00
94.50
1,348.50
6/5/2011 - 6/28/2011
Vendor/ Explanation
MINNESOTA POST BOARD
SIMPLEXGRINNELL LP
TAGUE, HEIDI
AAKRE, MARIE
AARP
ACE HARDWARE
ALLTEL
AMBORN, MATHEW & BRITTANY
AMERICAN BOTTLING CO
AMERICAN FAMILY INS CO.
AMERICAN WELDING & GAS
AMERIPRIDE LINEN & APPAREL
AMS COATING SYSTEMS INC.
ANDERSON CHEMICAL COMPANY
ANDERSON, JENNIFER
ANDERSON, JENNIFER & MONTGOMER
ARAMARK UNIFORM SERVICE
ARCTIC GLACIER PREMIUM ICE INC
ARNESON DISTRIBUTING CO
ARNOLD'S OF GLENCOE, INC
ARTHUR J GALLAGHER RISK
ASHWILL INDUSTRIES
AUTO VALUE - GLENCOE
AVEYRON HOMES
AWR PROPERTIES LLC
B & B SPORTS
B & C PLUMBING & HEATING INC
B. W. WELDING
BARNA, GUZY & STEFFEN LTD
Account Description
DUES & SUBSCRIPTIONS
CONTRACT REPAIR & MAINTENAN(
OTHER REVENUES
RECREATION ACTIVITY FEES
PROFESSIONAL SERVICES
RECEIVED NOT VOUCHERED
COMMUNICATIONS
HOUSING REHAB LOANS
COST OF MIX & SOFT DRINKS
ACCRUED LIFE INSURANCE
RENTALS
CONTRACT REPAIR & MAINTENANt
SIGNS & STRIPPING MATERIALS
CHEMICALS & PRODUCTS
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
SHOP MATERIALS
COST OF MIX & SOFT DRINKS
COST OF SALES -BEER
CENTRAL GARAGE REPAIR
PROPERTY INSURANCE
CENTRAL GARAGE REPAIR
SMALL TOOLS
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
OPERATING SUPPLIES
CONTRACT REPAIR & MAINTENAN,
RECEIVED NOT VOUCHERED
PROFESSIONAL SERVICES
165950
165951
165952
165953
v
165954
Ck Date
6/15/2011
6/15/2011
6/15/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
Amount
834.18
61.00
50.00
310.00
588.94
45.72
25,563.83
179.68
108.07
8.99
61.86
505.52
15,650.39
11.25
49.02
49.28
1,132.60
903.50
226.66
3,910.00
1,112.48
78.54
206.13
137.03
63.56
200.00
94.50
1,348.50
6/5/2011 - 6/28/2011
Vendor/ Explanation
MINNESOTA POST BOARD
SIMPLEXGRINNELL LP
TAGUE, HEIDI
AAKRE, MARIE
AARP
ACE HARDWARE
ALLTEL
AMBORN, MATHEW & BRITTANY
AMERICAN BOTTLING CO
AMERICAN FAMILY INS CO.
AMERICAN WELDING & GAS
AMERIPRIDE LINEN & APPAREL
AMS COATING SYSTEMS INC.
ANDERSON CHEMICAL COMPANY
ANDERSON, JENNIFER
ANDERSON, JENNIFER & MONTGOMER
ARAMARK UNIFORM SERVICE
ARCTIC GLACIER PREMIUM ICE INC
ARNESON DISTRIBUTING CO
ARNOLD'S OF GLENCOE, INC
ARTHUR J GALLAGHER RISK
ASHWILL INDUSTRIES
AUTO VALUE - GLENCOE
AVEYRON HOMES
AWR PROPERTIES LLC
B & B SPORTS
B & C PLUMBING & HEATING INC
B. W. WELDING
BARNA, GUZY & STEFFEN LTD
Account Description
DUES & SUBSCRIPTIONS
CONTRACT REPAIR & MAINTENAN(
OTHER REVENUES
RECREATION ACTIVITY FEES
PROFESSIONAL SERVICES
RECEIVED NOT VOUCHERED
COMMUNICATIONS
HOUSING REHAB LOANS
COST OF MIX & SOFT DRINKS
ACCRUED LIFE INSURANCE
RENTALS
CONTRACT REPAIR & MAINTENANt
SIGNS & STRIPPING MATERIALS
CHEMICALS & PRODUCTS
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
SHOP MATERIALS
COST OF MIX & SOFT DRINKS
COST OF SALES -BEER
CENTRAL GARAGE REPAIR
PROPERTY INSURANCE
CENTRAL GARAGE REPAIR
SMALL TOOLS
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
OPERATING SUPPLIES
CONTRACT REPAIR & MAINTENAN,
RECEIVED NOT VOUCHERED
PROFESSIONAL SERVICES
165955
6/28/2011
5.38
BCA GTE
POSTAGE
165956
6/28/2011
17.60
BELLBOY CORP
COST OF SALES -WINE
165957
6/28/2011
57.00
BENSON, TONYA
RENTS -REC BLDG
165958
6/28/2011
175.41
BERNICK'S
COST OF MIX & SOFT DRINKS
165959
6/28/2011
59.40
BETKER, JANET
IMPROV OTHER THAN BLDGS
165960
6/28/2011
50.00
BIEHN, JESSICA
RECREATION ACTIVITY FEES
165961
6/28/2011
69.02
BRENNEMAN, EILEEN
IMPROV OTHER THAN BLDGS
165962
6/28/2011
1,665.84
BRYAN STRETCH TRUCKING
FREIGHT- IN
165963
6/28/2011
63.06
BUSHMAN, RAQUEL
FOOD PRODUCTS- CONCESSION
165964
6/28/2011
115.00
BUSINESSWARE SOLUTIONS
TRAVEL SCHOOL CONFERENCE
165965
6/28/2011
61,405.32
C & L DISTRIBUTING
COST OF SALES -BEER
165966
6/28/2011
159.30
CALIFORNIA CONTRACTORS SUPPLIE
SAFETY SUPPLIES
165967
6/28/2011
1,074.39
CDW GOVERNMENT, INC
OPERATING SUPPLIES
165968
6/28/2011
79.04
CENTRAL HYDRAULICS
CENTRAL GARAGE REPAIR
165969
6/28/2011
308.55
CENTRAL MCGOWAN
RENTALS
165970
6/28/2011
29.28
CHURCH OF JESUS CHRIST OF LATT
IMPROV OTHER THAN BLDGS
165971
6/28/2011
304.60
CMK SERVICES LLC
OTHER CONTRACTUAL
165972
6/28/2011
543.00
COMDATA CORPORATION
FOOD PRODUCTS- CONCESSION
165973
6/28/2011
239.30
CONTINENTAL RESEARCH CORP
CLEANING SUPPLIES
165974
6/28/2011
40.00
CORMIER, JUSTINE
RECREATION ACTIVITY FEES
165975
6/28/2011
25,323.08
CORPORATE MECHANICAL
MACHINERY & EQUIPMENT
165976
6/28/2011
33.38
COUNTRY CLUB ESTATES ASSN
IMPROV OTHER THAN BLDGS
165977
6/28/2011
184.47
COUNTRY CLUB ESTATES TOWNHOUSE
IMPROV OTHER THAN BLDGS
165978
6/28/2011
223.03
COUNTRY CLUB MANOR OF HUTCHINS
IMPROV OTHER THAN BLDGS
165979
6/28/2011
730.31
CPR SERVICES INC
EQUIPMENT PARTS
165980
6/28/2011
223.38
CREEKSIDE SOILS
OPERATING SUPPLIES
165981
6/28/2011
98.10
CROW RIVER AUTO & TRUCK REPAIR
CENTRAL GARAGE REPAIR
165982
6/28/2011
1,456.99
CROW RIVER PRESS INC
PRINTING & PUBLISHING
165983
6/28/2011
1,946.59
CROW RIVER SIGNS &
LOAN
165984
6/28/2011
827.23
CROW RIVER VET HOSPITAL PA
OTHER CONTRACTUAL
165985
6/28/2011
28,909.00
CTM CONSTRUCTION
HOUSING REHAB LOANS
165986
6/28/2011
32.06
CUSTOM PRODUCTS & SERVICES
165987
6/28/2011
23.59
CZMOWSKI, CHAD
IMPROV OTHER THAN BLDGS
165988
6/28/2011
448.50
D & D BK PROPERTIES INC
IMPROV OTHER THAN BLDGS
COST OF SALES -BEER
IMPROV OTHER THAN BLDGS
CHEMICALS & PRODUCTS
PRINTING & PUBLISHING
FREIGHT
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
UNIFORMS & PERSONAL EQUIP
RECEIVED NOT VOUCHERED
IMPROV OTHER THAN BLDGS
OTHER CONTRACTUAL
TRUCKS
CONTRACT REPAIR & MAINTENANI
EQUIPMENT PARTS
IMPROV OTHER THAN BLDGS
PROFESSIONAL SERVICES
SMALL TOOLS
OPERATING SUPPLIES
CENTRAL GARAGE REPAIR
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
OPERATING SUPPLIES
RECEIVED NOT VOUCHERED
PROFESSIONAL SERVICES
DUES & SUBSCRIPTIONS
RECREATION ACTIVITY FEES
REPAIR & MAINTENANCE SUPPLIES
PROFESSIONAL SERVICES
DUES & SUBSCRIPTIONS
RECREATION ACTIVITY FEES
CONTRACT REPAIR & MAINTENAN(
OPERATING SUPPLIES
ACCRUED DEFERRED COMP
CONTRACT REPAIR & MAINTENAN(
165989
6/28/2011
13,456.30
DAY DISTRIBUTING
165990
6/28/2011
9.70
DOLEZAL, ANGELINE
165991
6/28/2011
3,358.08
DPC INDUSTRIES INC
165992
6/28/2011
591.34
DROP -N -GO SHIPPING, INC
165993
6/28/2011
1,140.00
DUANE BLOCK TRUCKING INC
165994
6/28/2011
41.91
DUESTERHOEFT, LINDA & NIEL
165995
6/28/2011
158.28
DUMMER, ROGER & DONNA
165996
6/28/2011
100.00
EBERT, DICK
165997
6/28/2011
188.10
ECOLAB PEST ELIM
165998
6/28/2011
152.84
EISCHENS, JOSHEUA
165999
6/28/2011
550.67
ELECTRO WATCHMAN
166000
6/28/2011
45,371.28
ELK RIVER FORD
166001
6/28/2011
3,771.68
EMERGENCY APPARATUS MAINT
166002
6/28/2011
370.40
FASTENALCOMPANY
166003
6/28/2011
67.60
FIELD, WILLIAM
166004
6/28/2011
983.85
FINANCE & COMMERCE
166005
6/28/2011
325.00
FIRE SAFETY USA, INC
166006
6/2812011
350.40
FIRST CHOICE FOOD & BEVERAGE S
166007
6/28/2011
371.55
FORCE AMERICA
166008
6/28/2011
50.00
FREY, SARAH
166009
6/28/2011
48.19
FROEMMING,CASSIE & KEVIN
166010
6/28/2011
52.97
G & K SERVICES
166011
6/28/2011
8,639.11
GARICK CORPORATION
166012
6/28/2011
3,200.00
GAVIN, OLSON & WINTERS, LTD
166013
6/28/2011
150.00
GFOA
166014
6/28/2011
50.00
GOOD, KIM
166015
6/28/2011
405.42
GOODIN COMPANY
166016
6/28/2011
5,280.00
GOODPOINTE TECHNOLOGY
166017
6/28/2011
125.00
GOVERNMENT TRAINING SERVICES
166018
6/28/2011
50.00
GRAHAM, TESSA
166019
6/28/2011
2,268.26
GREEN EARTH LAWN CARE INC
166020
6/28/2011
2,483.80
GRUFRUFF DESIGN
166021
6/28/2011
535.88
H.A.R.T.
166022
6/28/2011
5,255.00
HANSON & VASEK CONSTRUCTION
COST OF SALES -BEER
IMPROV OTHER THAN BLDGS
CHEMICALS & PRODUCTS
PRINTING & PUBLISHING
FREIGHT
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
UNIFORMS & PERSONAL EQUIP
RECEIVED NOT VOUCHERED
IMPROV OTHER THAN BLDGS
OTHER CONTRACTUAL
TRUCKS
CONTRACT REPAIR & MAINTENANI
EQUIPMENT PARTS
IMPROV OTHER THAN BLDGS
PROFESSIONAL SERVICES
SMALL TOOLS
OPERATING SUPPLIES
CENTRAL GARAGE REPAIR
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
OPERATING SUPPLIES
RECEIVED NOT VOUCHERED
PROFESSIONAL SERVICES
DUES & SUBSCRIPTIONS
RECREATION ACTIVITY FEES
REPAIR & MAINTENANCE SUPPLIES
PROFESSIONAL SERVICES
DUES & SUBSCRIPTIONS
RECREATION ACTIVITY FEES
CONTRACT REPAIR & MAINTENAN(
OPERATING SUPPLIES
ACCRUED DEFERRED COMP
CONTRACT REPAIR & MAINTENAN(
6`
�1
166023
166024
166025
166026
166027
166028
166029
166030
166031
166032
166033
166034
166035
166036
166037
166038
166039
166040
166041
166042
166043
166044
166045
166046
166047
166048
166049
166050
166051
166052
166053
166054
166055
166056
6/28/2011
137.28
6/28/2011
56.05
6/28/2011
195.97
6/28/2011
3,017.17
6/28/2011
379.76
6/28/2011
106,683.50
6/28/2011
68.01
6/28/2011
445.11
6/28/2011
35.00
6/28/2011
489.55
6/28/2011
153.18
6/28/2011
15,710.50
6/28/2011
38.06
6/28/2011
350.31
6/28/2011
390.25
6/28/2011
9,300.00
6/28/2011
112.22
6/28/2011
1,760.50
6/28/2011
2,201.00
6/28/2011
1,020.63
6/28/2011
1,013.50
6/28/2011
39.00
6/28/2011
725.34
6/28/2011
964.02
6/28/2011
427.50
6/28/2011
5,970.00
6/28/2011
178.25
6/28/2011
200.00
6/28/2011
10.00
6/28/2011
288.69
6/28/2011
97.80
6/28/2011
32.71
6/28/2011
19,245.64
6/28/2011
50.00
HANSON &, ANTHONY
HANSON, ANTHONY & KRISTI
HAT CREEK OUTFIT
HAWKINS INC
HD SUPPLY WATERWORKS LTD
HEALTH PARTNERS
HENKE, ORLIN & JUDITH
HENRYS FOODS INC
HERD, DAWN
HEUN ENTERPRISES INC
HILLYARD / HUTCHINSON
HJERPE CONTRACTING
HOLFIELD, JEANNE
HOLT MOTORS INC
HOSECK, RAHN C.
HRA
HUTCH AUTO & TRUCK PARTS
HUTCH SPORT SHOP
HUTCHINSON AREA HEALTH CARE
HUTCHINSON CO -OP
HUTCHINSON GIRLS SOFTBALL ASSN
HUTCHINSON MEDICAL CENTER
HUTCHINSON WHOLESALE
HUTCHINSON, CITY OF
I.M.S. SHARPENING SERVICE
IDEAL STEEL STRUCTURES & HOME
INDEPENDENT EMERGENCY SERVICES
INTERNATIONAL SOCIETY OF ARBOR
IOWA SECRETARY OF AGRICULTURE
JACK'S UNIFORMS & EQUIPMENT
JAHNER, ANTHONY & ROCHELLE
JANET KLOCKMAN REVOCABLE
JEFF MEEHAN SALES INC.
JENNEKE, RESA
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
REPAIR & MAINTENANCE SUPPL0
CHEMICALS & PRODUCTS
METERS & METER PARTS
EMPL.HEALTH & INS. BENEFIT
IMPROV OTHER THAN BLDGS
10141011•]:TQm1RAi S{olkiroX..' ropL
RECREATION ACTIVITY FEES
COST OF SALES - LIQUOR
OPERATING SUPPLIES
CONTRACT REPAIR & MAINTENAM
IMPROV OTHER THAN BLDGS
CENTRAL GARAGE REPAIR
COMMERCIAL LOAN REPAYMENT
HRA TRANSFER
REPAIR & MAINTENANCE SUPPLIE'_
OPERATING SUPPLIES
COMMON AREA MAINTENANCE
MOTOR FUELS & LUBRICANTS
COMPOST BAGS
MISCELLANEOUS
CENTRAL GARAGE REPAIR
UTILITIES
CONTRACT REPAIR & MAINTENAN,
RECEIVED NOT VOUCHERED
COMMUNICATION MAINTENANCE
TRAVEL SCHOOL CONFERENCE
DUES & SUBSCRIPTIONS
UNIFORMS & PERSONAL EQUIP
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
ACCURED COMMISSIONS PAYABLE
RECREATION ACTIVITY FEES
166057
6/28/2011
5337
JENSEN, RICHARD & DIANA
IMPROV OTHER THAN BLDGS
166058
6/28/2011
15,072.02
JOHNSON BROTHERS LIQUOR CO.
COST OF MIX & SOFT DRINKS
166059
6/28/2011
64.42
JUNCEWSKI, JEFFREY
IMPROV OTHER THAN BLDGS
166060
6/28/2011
76.00
JURGENSON,STACY
OTHER REVENUES
166061
6/28/2011
410.52
K & M MANUFACTURING
CENTRAL GARAGE REPAIR
166062
6/28/2011
50.00
KABLE, ELISABETH
RECREATION ACTIVITY FEES
166063
6/28/2011
13,598.66
KALENBERG &, TONI
HOUSING REHAB LOANS
166064
6/28/2011
28.95
KLOSS, TOM
TRAVEL SCHOOL CONFERENCE
166065
6/28/2011
50.00
KNORR, HEATHER
OTHER REVENUES
166066
6/28/2011
138.71
KOEPP, LARRY & KAREN
IMPROV OTHER THAN BLDGS
166067
6/28/2011
50.00
KOPESKY, MICHELLE
OTHER REVENUES
166068
6/28/2011
509.92
KORONIS PARTS INC.
STREET MAINT.MATERIALS
166069
6/28/2011
32.71
KRASEN, TIMOTHY & JANEL
IMPROV OTHER THAN BLDGS
166070
6/28/2011
35.00
KRENGEL, LISA
RECREATION ACTIVITY FEES
166071
6/28/2011
125.00
KRIPPNER, JOSEPH
UNIFORMS & PERSONAL EQUIP
166072
6/28/2011
700.13
L & P SUPPLY CO
EQUIPMENT PARTS
166073
6/28/2011
70.00
LAUER, BURNELL
OTHER CONTRACTUAL
166074
6/28/2011
10.00
LAUER, TAMMY
OTHER CONTRACTUAL
166075
6/28/2011
103.30
LAW ENFORCEMENT TARGETS
OPERATING SUPPLIES
166076
6/28/2011
45,418.00
LEAGUE OF MN CITIES -INS TRUST
ACCURED WORKERS COMP
166077
6/28/2011
136.00
LEXISNEXIS
OTHER CONTRACTUAL
166078
6/28/2011
155.00
LEXISNEXIS
DRUG TESTING
166079
6/28/2011
64.70
LIFE INSURANCE COMPANY OF AMER
ACCRUED LIFE INSURANCE
166080
6/28/2011
748.29
LIFE INSURANCE COMPANY OF AMER
EMPL.HEALTH & INS. BENEFIT
166081
6/28/2011
900.00
LIQUID ENGINEERING CORP
CONTRACT REPAIR & MAINTENAN(
166082
6/28/2011
241.28
LOCATORS & SUPPLIES
SAFETY SUPPLIES
166083
6/28/2011
26,602.58
LOCHER BROTHERS INC
COST OF SALES -BEER
166084
6/28/2011
7,936.00
LUEDTKE CONTRACTING LLC
CONTRACT REPAIR & MAINTENAN,
166085
6/28/2011
719.40
LYNDE & MCLEOD INC
RECEIVED NOT VOUCHERED
166086
6/28/2011
10.00
LYONS, SHANNON
OTHER REVENUES
166087
6/28/2011
35.00
MCFOA
DUES & SUBSCRIPTIONS
166088
6/28/2011
206.81
MCLEOD COOP POWER ASSN
UTILITIES
6'
166089
6/28/2011
46.00
MCLEOD COUNTY RECORDER
MISCELLANEOUS
1
166090
6/28/2011
46.00
MCLEOD COUNTY RECORDER
MISCELLANEOUS
v
166091
166092
166093
166094
166095
166096
166097
166098
166099
166100
166101
166102
166103
166104
166105
166106
166107
166108
166109
166110
166111
166112
166113
166114
166115
166116
166117
166118
166119
166120
166121
166122
166123
166124
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
92.00
46.00
46.00
1,250.00
118.80
1,951.44
40.90
61.92
705.32
79.99
439.52
41.66
358.80
91.00
85.83
49.80
7,468.00
13.50
13.50
60.00
62.50
4,219.60
42.08
35.00
358.20
50.00
50.00
188.15
680.00
152.86
100.00
287.07
340.42
158.83
MCLEOD COUNTY RECORDER
MCLEOD COUNTY RECORDER
MCLEOD COUNTY RECORDER
MCLEOD COUNTY TREASURER
MCLEOD COUNTY TREASURER
MCRAITH, JOHN
MEEKER COUNTY SHERIFF'S OFFICE
MEHR, BRIAN
MENARDS HUTCHINSON
MESSNER, MITCHELL
METRO ATHLETIC SUPPLY INC
MEYERS, MICHAEL & JERI
MILLNER HERITAGE VINEYARD & WI
MILLS, HOLLY
MINI BIFF
MINNEAPOLIS, CITY OF
MINNESOTA DEPT OF HEALTH
MINNESOTA DEPT OF MOTOR VEHICL
MINNESOTA DEPT OF MOTOR VEHICL
MINNESOTA GFOA
MINNESOTA POLLUTION CONTROL AG
MINNESOTA VALLEY TESTING LAB
MOTRE, ANDREA & ERIC
MOORE, JOE
MOTION INDUSTRIES INC
MOUNT, ALLANA
MUELLERLEILE, SONJA
NACK PROPERTIES
NEW FRANCE WINE
NORTH CENTRAL INTERNATIONAL
NORTHERN COLLABORATIVE TECHNOL
NORTHERN SAFETY & INDUSTRIAL
NORTHERN SAFETY TECHNOLOGY
NORTHERN STATES SUPPLY INC
PRINTING & PUBLISHING
PROFESSIONAL SERVICES
PRINTING & PUBLISHING
PLANNING & ZONING FEES
MISCELLANEOUS
OTHER CONTRACTUAL
OTHER CONTRACTUAL
TRAVEL SCHOOL CONFERENCE
OPERATING SUPPLIES
UNIFORMS & PERSONAL EQUIP
OPERATING SUPPLIES
IMPROV OTHER THAN BLDGS
COST OF SALES-WINE
OTHER REVENUES
RENTALS
OTHER CONTRACTUAL
STATE WATER TESTING FEE
TRUCKS
TRUCKS
DUES & SUBSCRIPTIONS
OTHER CONTRACTUAL
OTHER CONTRACTUAL
IMPROV OTHER THAN BLDGS
RECREATION ACTIVITY FEES
RECEIVED NOT VOUCHERED
RECREATION ACTIVITY FEES
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
COST OF SALES -WINE
RECEIVED NOT VOUCHERED
COMMUNICATIONS
SAFETY SUPPLIES
TRUCKS
REPAIR & MAINTENANCE SUPPLIES
166125
6/28/2011
110.00
NORTHWEST FARM & HOME SUPPLY
166126
6/28/2011
142.09
O'REILLYAUTO PARTS
166127
6/28/2011
46.76
OAKS ONE TOWNHOUSE ASSN
166128
6/28/2011
1,458.73
OFFICE DEPOT
166129
6/28/2011
37.00
OFFICE OF ENTERPRISE TECHNOLOG
166130
6/28/2011
85.00
OLSON'S LOCKSMITH
166131
6/28/2011
136.36
OLSON, MICHAEL
166132
6/28/2011
50.00
OTTE, LEAH
166133
6/28/2011
17.00
PAUL'S CANVAS & UPHOLSTERY REP
166134
6/28/2011
59.40
PEARCE,LORRAINE
166135
6/28/2011
50.00
PEDERSEN, DIANE
166136
6/28/2011
987.31
PELLINEN LAND SURVEYING
166137
6/28/2011
35.00
PETERSEN, SARAH
166138
6/28/2011
12,548.76
PHILLIPS WINE & SPIRITS
166139
6/28/2011
278.48
PHYSICIANS MEDICAL IMAGING & S
166140
6/28/2011
234.66
PIERSON, CHARLES & CARREEN
166141
6/28/2011
495.07
PINE VALLEY ECO PRODUCTS
166142
6/28/2011
37,007.75
PIONEERLAND LIBRARY SYSTEM
166143
6/28/2011
50.00
POLLMANN, SARA
166144
6/28/2011
22.07
POSITIVE ID INC
166145
6/28/2011
240.83
PREMIER STORAGE LLC
166146
6/28/2011
24.51
PRINKEY, NOREEN
166147
6/28/2011
15.04
PRO -BUILD
166148
6/28/2011
7,386.50
QUALITY CONTROL & INTEGRATION
166149
6/28/2011
3,186.19
QUALITY FLOW SYSTEMS
166150
6/28/2011
17,908.04
QUALITY WINE & SPIRITS CO.
166151
6/28/2011
69.49
RECREONICS
166152
6/28/2011
237.83
REFLECTIVE APPAREL FACTORY INC
166153
6/28/2011
3,991.55
REINER ENTERPRISES, INC
166154
6/28/2011
50.00
RENO, MICHELLE
166155
6/28/2011
14,027.00
RICK AHLGREN CONSTRUCTION LLC
166156
6/28/2011
159.60
ROCK STAR GOURMET INC
166157
6/28/2011
8,913.38
RTVISION
166158
6/28/2011
546.03
RUNNING'S SUPPLY
fi
MERCHANDISE BREAKAGE
MOTOR FUELS & LUBRICANTS
IMPROV OTHER THAN BLDGS
OPERATING SUPPLIES
TELEPROCESSING EQUIP
CONTRACT REPAIR & MAINTENAN,
IMPROV OTHER THAN BLDGS
RECREATION ACTIVITY FEES
CONTRACT REPAIR & MAINTENAN'
IMPROV OTHER THAN BLDGS
RECREATION ACTIVITY FEES
OTHER CONTRACTUAL
RECREATION ACTIVITY FEES
COST OF SALES- LIQUOR
SAFETY SUPPLIES
IMPROV OTHER THAN BLDGS
REPAIR & MAINTENANCE SUPPLIE'
OTHER CONTRACTUAL
RECREATION ACTIVITY FEES
MISCELLANEOUS
IMPROV OTHER THAN BLDGS
IMPROV OTHER THAN BLDGS
REPAIR & MAINTENANCE SUPPLIE!
PROFESSIONAL SERVICES
CONTRACT REPAIR & MAINTENAM
COST OF SALES -WINE
CHEMICALS & PRODUCTS
SAFETY SUPPLIES
FREIGHT
OTHER REVENUES
HOUSING REHAB LOANS
FOOD PRODUCTS- CONCESSION
PROFESSIONAL SERVICES
REPAIR & MAINTENANCE SUPPLIE_'
166159
166160
166161
166162
166163
166164
166165
166166
166167
166168
166169
166170
166171
166172
166173
166174
166175
166176
166177
166178
166179
166180
166181
166182
166183
166184
166185
166186
166187
166188
166189
166190
166191
166192
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
6/28/2011
267.99
85.00
1,111.79
21.17
1,613.35
35.39
31.00
35.00
400.00
30.56
1,631.15
306.80
215.40
1,705.98
85.58
2,375.45
95.50
81.89
726.99
27.95
353.87
40.00
1,416.56
50.00
35.00
20.00
90,149.14
605.70
679.20
586.15
364.26
50.00
28,724.88
SAM'S TIRE SERVICE
SCHLUETER,SUSAN
SCHMELING OIL CO
SCHMIT, ROBERT & GENEVIEVE
SCHOOL DIST k 423
SCHREMPP, RACHEL
SCHWARTZ, ANDREA
SCHWARTZ, DONNA
SCOTT'S WINDOW CLEANING SERVIC
SEBORA, MARC
SEH
SIOUX VALLEY ENVIRONMENTAL, IN
SOUTH PLACE ASSOCIATES
SOUTHERN WINE & SPIRITS OF MN
SPIERING, SHERWYN & JOANN
SPRINT
SPS COMMERCE
STANDARD PRINTING
STAPLES ADVANTAGE
STAR TRIBUNE
STRATEGIC EQUIPMENT
STRETCH, SHANNON
STREICHERS
SUDHERMER, PEGGY
SWAN SHORES COMPANY
SYNSTELIEN, STEVE
TAPS -LYLE SCHROEDER
TEK MECHANICAL
THOMSON WEST
TKO WINES
TOTAL FIRE PROTECTION
TRANSPORTATION SAFETY APPAREL
TRAUTMAN, SUSAN
TREBELHORN & ASSOC
SMALL TOOLS
OTHER REVENUES
MOTOR FUELS & LUBRICANTS
IMPROV OTHER THAN BLDGS
OTHER REVENUES
IMPROV OTHER THAN BLDGS
RECREATION ACTIVITY FEES
PARK FEES
CONTRACT REPAIR & MAINTENAM
TRAVEL SCHOOL CONFERENCE
PROFESSIONAL SERVICES
EQUIPMENT PARTS
IMPROV OTHER THAN BLDGS
COST OF SALES -WINE
IMPROV OTHER THAN BLDGS
COMMUNICATIONS
OFFICE SUPPLIES
OFFICE SUPPLIES
DUES & SUBSCRIPTIONS
OPERATING SUPPLIES
OTHER REVENUES
OPERATING SUPPLIES
RECREATION ACTIVITY FEES
IMPROV OTHER THAN BLDGS
RECREATION ACTIVITY FEES
PROFESSIONAL SERVICES
BUILDINGS
OPERATING SUPPLIES
COST OF SALES -WINE
CONTRACT REPAIR & MAINTENAN,
SAFETY SUPPLIES
OTHER REVENUES
MOTOR FUELS & LUBRICANTS
166193
6/28/2011
102.30
TRI COUNTY WATER
OPERATING SUPPLIES
166194
6/28/2011
10.93
VALLEY NATIONAL GASES LLC
RENTALS
166195
6/28/2011
69.95
VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENAN,
166196
6/28/2011
256.92
VESSCO INC
EQUIPMENT PARTS
166197
6/28/2011
293.00
VIK'S LANDSCAPING & LAWN CARE
LANDSCAPE MATERIALS
166198
6/28/2011
23,398.85
VIKING BEER
COST OF SALES -BEER
166199
6/28/2011
1,575.00
VIKING COCA COLA
COST OF MIX & SOFT DRINKS
166200
6/28/2011
171.00
VIKING SIGN & GRAPHICS INC
SIGNS & STRIPPING MATERIALS
166201
6/28/2011
1,558.25
VINOCOPIA INC
COST OF SALES -WINE
166202
6/28/2011
995.00
VIVID IMAGE
PROFESSIONAL SERVICES
166203
6/28/2011
3.16
WAL -MART COMMUNITY
OFFICE SUPPLIES
166204
6/28/2011
444.68
WASTE MANAGEMENT OF WI -MN
UTILITIES
166205
6/28/2011
10,132.14
WASTE MANAGEMENT OF WI -MN
REFUSE - LANDFILL CHARGES
166206
6/28/2011
3,860.00
WCCO -AM
RECEIVED NOT VOUCHERED
166207
6/28/2011
8,528.00
WEBB PALLET
RECEIVED NOT VOUCHERED
166208
6/28/2011
35.00
WEHLER, MONICA
RECREATION ACTIVITY FEES
166209
6/28/2011
60.00
WELCOME NEIGHBOR
ADVERTISING
166210
6/28/2011
390.37
WEST PUBLISHING PAYMENT CTR
OPERATING SUPPLIES
166211
6/28/2011
595.25
WINE MERCHANTS INC
COST OF SALES -WINE
166212
6/28/2011
12,318.96
WIRTZ BEVERAGE MINNESOTA
COST OF SALES -WINE
166213
6/28/2011
585.00
WOODLAND HILL VINEYARDS LLC
COST OF SALES -WINE
166214
6/28/2011
3,728.32
WORK CONNECTION, THE
OTHER CONTRACTUAL
166215
6/28/2011
268.17
ZEP MANUFACTURING CO
EQUIPMENT PARTS
900,853.68 Grand Total
Payment Instrument
Totals
Check Total
900,853.68
Total Payments
900,853.68
PAYROLL ELECTRONIC FUNDS TRANSFERS
PAYROLL DATE: 06/17/2011
Period Ending Date: 06/11/2011
$54,093.24 IRS - Withholding Tax Account
Federal Withholding
Employee /Employer FICA
Employee /Employer Medicare
$10,991.22 MN Department of Revenue
State Withholding Tax
$37,823.86 Public Employee Retirement Association
q(v
Employee /Employer PERA/DCP Contributions
$1,386.52
TASC
Employee Flex Spending Deductions
$4,997.27
TASC
Employee Deductions
Health Savings Account
$475.00
MNDCP
Employee Contributions - Deferred Comp
$1,115.00
ING
Employee Contributions - Deferred Comp
$1,230.00
ICMA Retirement Trust
Employee Contributions - Deferred Comp
$701.88
MN Child Support System
Employee Deductions
$0.00
MSRS - Health Savings Plan
Employee Deductions to Health Savings Plan
$112,813.99
Total Electronic Funds Transfer
q(v
ELECTRONIC FUNDS TRANSFERS
6/28/2011
TAX
FUEL
SALES TAX
USE TAX
SALES & USE TAX
FUND
HATS
LIQUOR
PRCE CIVIC ARENA
PAYABLETO
MN DEPT OF REV
MN DEPT OF REV
MN DEPT OF REV
WATER SEWER CREEKSII MN DEPT OF REV
AMOUNT
$968.28
$38,534.00
$901.00
$12,145.00
(i(f-)
r_
;N,1 1,� /1 () R Is N 1) t_1 I►✓1
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Discussion of Status of School Road NW Improvements Project
(Letting No. I/Project No. 11 -01)
DATE: June 28, 2011
The City has received the attached Mn/DOT letter dated June 10, 2011, and issued the attached letter dated June 13,
2011, to the School Road NW Improvements project contractor as directed by Mn/DOT. At this time, local agencies
(Cities and Counties) are awaiting additional guidance from Mn/DOT to determine if proceeding with projects involving
Federal and State Aid is feasible without jeopardizing the designated funding. Hopefully, additional information will be
available prior to the City Council meeting that allows for the consideration of whether constructing this project during
the foreseeable State government shutdown is in the City's best interest. City staff is working closely with Mn/DOT and
McLeod County representatives to gather feedback and input relative to this situation.
In regards to this project's construction easement acquisitions, City staff has coordinated the signing of all but four of
these documents. Thus, since this project was awarded at the previous City Council meeting, compensation for the
conveyed easement rights should occur at this time per the language within the executed documents.
Lastly, City staff administered a Pre- Construction Meeting to inform immediately adjacent property owners of the
anticipated construction timeframes and specified work staging plans. The primary intent of this meeting is to give
property owners an opportunity to communicate any specific concerns or issues and ask questions.
cc: Jeremy Cana— City Administrator
0
ire'' Minnesota Department of Transportation
!F) A!Memo
State Aid Division
395 John Ireland Boulevard, MS 500
St. Paul, MN 55155
June 10, 2011
TO: County Engineers
City Engineers.
Fedaial Aid Contract Holders
��Diis�triict�State Aid Engineers
FROM: 'Julie Skalha� y WAm
State Aid Division Director
Office Tel:
Fax
RECEIVED
JUN 18 2011
CRY of Hutcmnspi
ft. Dept.
SUBJECT; Potential Temporary. Suspension of State. Activities
We are writing because your organization has a relationship with this agency either under
current contract with expiration after June 30, 2011, or new contract that is to become
effective on or after July 1, 2011.
As you may know, the state Legislature adjourned without a negotiated, budget agreement to
fund the continuing operations of state government for the fiscal year beginning July 1,
2011.
This agency operates on a biennial budget. Funds are appropriated by the'Minnesota
Legislature every two years, with each fiscal year beginning July Land ending on June30 . of
the following. calendar year. In the ebsence of an appropriation signed into law, we will have
no or limited authority to expend or release funds to pay, for goods or services after June 30,
2011. In this event, expenditures will be limited to fund or support only critical life, health and
safety functions of statid government.
Because we do not know whether the biennial budget process will conclude in time to avoid
a disruption to our operations; we must advise all contractors; vendors and grantees that in
the absence of legislatively authorized appropriations as, of July,1, 2011, all,work, activity:
and performances under. our contracts must be susperlded.as of-that date; pending
authorized appropriations, as will all payments required of this agency under those.
contracts.
In the absence of legislatively, authorized appropriation; as of July 1:we,nwst advise all
holders of Federal aid constriction contracts to suspend all work activity. Please use the
attached form to notify your contractors.
Agencies who are currently advertising federal projects should be aware that 'effective Juty I
1, in the event of in. 'interruption in government services; it is. likely that no staff will be
available within MNDOT to process the DBEctearances. You should he considering the
possibility that those.o.miects,let after, June 15 may not move to award within the normal 30
day window nor should a contractor plan.to. start work during shutdown of state services.
Federal aid work under special agreement for.preliminary engineering or similar services`
can continue if they are in process since our ragreement with the FHWA does not require/
V-4)
constant oversight. The agreement you signed accepting the funds specifically states that
you understand that you must carry the costs until reimbursement can be made.
Regular State aid, turnback, town bridge and bridge bonding funded construction projects
that are already approved can continue operations however it is likely no Mn /DOT lab or
bridge staff will be available for consultation or services. It is also likely that no additional
projects will be processed nor will any payments be made.
The state Master Aqreements that we have with Pach agency will likely by suspended. The
suspension includes any work orders associated with them. You will receive a separate
notification of that suspension by the end of the month.
All of these requirements are subject to change based on a review by the court system.
We will work to keep you informed of progress regarding legislative authorization of
appropriations, and will make every effort to issue public notices promptly when budgets are
approved and contract work can be resumed.
Cc:
Ryan O'Connor, AMC
Anne Finn, LMC ^
Keith Carlson, MICA
Dave Fricke, MAT,
Derrell Turner/ Brian Scott, FHWA
Jon Chiglo /Steve Lund
Klevin Gutknecht/Karla Rains
Val Svensson.
Joel Williams
James Cownie
Patti Loken/Rick. Kjonaas
File
June X, 2011
DEPARTMENT LETTERHEAD
To: SP
Contract No:
Location:
Re: Potential Temporary Suspension of State Contract Performance
We are writing because your organization has a relationship with this agency either under a
current contract with an expiration date after June 30, 2011, or a new contract that is to become
effective on or after July 1, 2011.
As you may know, the Minnesota State Legislature adjourned May 23, 2011,. without
appropriating money to fund the operations of state government for the fiscal year that begins
July 1, 2011.
MnDOT operates on a biennial budget. Funds are appropriated by the Minnesota Legislature
every two years, with each fiscal year beginning on July 1 and ending on June 30 of the
following calendaryear. Its. current biennial budget is due to end after June 30, 2011. In the
absence of legislation specifically appmpriatingfunds for the continuing operations of the
agency for the next biennium; itwill'haye no or very limited authority. to expend or release funds
to pay for goods or services after June 30, 2011. In this event, expenditures will be limited to
fund or support only critical life, healthpand safety functions of state government.'
Because we do not know whether the biennial .budget process will conclude in time to avoid a
disruption to our operations, we must advise ;all contractors, vendors and grantees that in the
absence of legislatively authorized appropriations as of July 1, 2011, all work, activity and
performances under our contracts must be suspended as of that date, pending. authorized
appropriations, as will all payments required, of this agency under those contracts.
Under authority of Minnesota Department of Transportation Standard. Specification for
Construction, .Specification 1501.21 the above -named project will be suspended in accordance
with Mn/DOT Specification 1402.28, effective. 1;2011. MnDOT deems this suspension to
be, neeessary and in the. public interest
In accordance with Mn/DOT Specification 1716, the Contractor is responsible for the project
during times of suspension, among other things. Also, in accordance with Specification 1404, the
Contractor is responsible for maintenance of traffic.
In the event that any gontract concerns. a critical state function, as described above, you will be
notified by separate . letter, publication, bulletin or other appropriate means.
We will work to keep you informed of progress regarding legislative authorization of
appropriations, and we will make every reasonable effort to issue public notices promptly when
budgets are approved and contract performance may be resumed. We do suggest that you
monitor state web sites, bulletins and media publications for further information.
Sinccrcly,
City or County Engineer
C
June 13, 2011
Wm Mueller & Sons Inc
931 Park Avenue
PO Box 247
Hamburg MN 55339
RE: Potential Temporary Suspension of State Contract Performance
SP 133 - 117 -013
Contract No. 1.7/1211 -01
Location: School Road NW
Hutchitision City Center
ill nerr 5trat SE
Hutchinson. MN 53350.2522
320- W- 515I1Fax 320. 2344240
We are writing because your organization has a relationship with this agency under a contract that is to become
effective after June 14, 2011. Please rote that contract completion dates may be subject to change due to the
length of the potential state government shutdown.
As you may know, the Minnesota State Legislature adjourned May 23, 2011, without appropriating money to fund
the operations of state government for the fiscal year that begins July 1, 2011.
MnDOT operates on a biennial budget Funds are appropriated by the Minnesota Legislature every two years, with
each fiscal year.beginning on July 1 and ending on June 30 of the following calendar year. Its current biennial
budget is due to end after June 30, 2011. in the absence of legislation specifically appropriating funds for the
continuing operations of the agency for the next biennium, it will have no or very limited authority to expend or
release funds to pay for goods or services after June 30, 2011. In this event, expenditures will be limited to fund or
support only critical live, health, and safety functions of state government.
Because we do not know whether the biennial budget process will conclude In time to avoid a disruption to our
operations, we must advise all contractors, vendors and grantees that in the absence of legislathrely authorized
appropriations as of July 1, 2011, all work, activity and performances under our contracts must be suspended as of
that date, pending authorized appropriations, as will all payments required of this agency under those contracts.
Under authority of Minnesota Department of Transportation Standard Specification for Construction, Specification
1501.2, the above -named project will be suspended M accordance with Mn/DOT Specifications 1402.28, effective
July 1, 2011. MnDOT deems this suspension to be necessary and M the public interest
in accordance with Mn/DOT Specification 1716, the Contractor is respnonsilsk for the project during times of
suspension, amoral other things. Also, in accordance with Specification 1404, the Contractor is responsible for
maintenance of traffic
In the event that any contract concerns a critical state function, as described above, you will be notified by
separate letter, publication, bulletin or other appropriate means.
We will work to keep you informed of progress regarding legislative authorization of appropriations, and we wig
make every reasonable effort to issue public notices promptly when budgets are approved and contract
performance may be resumed. We do suggest that you monitor state web sites, bulletins and media publications
for further information.
Sincerely,
KentExrdr
City of Hutchinson
- Mnned m n led Paper -
•
•
•
June 29, 2011
Merry Daher
Minnesota Department of Transportation
395 John Ireland Blvd.
Mail Stop 500
St. Paul, MN 55155 -1899
Dear Ms. Daher:
Hutchinson City. Center
111 Hassan Street SE
Hutchinson, MN 55350 -2522
320.587- 5151/Fax 320 - 2344240
RE: City of Hutchinson
School Road NW Improvements
S.P. No. 133 -117 -013
Per our telephone conversation on Thursday, June 23`d, it is my understanding that Mn/DOT and FHWA are
agreeable to allowing the City of Hutchinson to suspend construction of the School Road NW Improvements project
(S.P. No. 133 - 117 -013) to the spring/summer of 2012 if a State government shutdown occurs on or after July 1,
2011. The following circumstances are the reasoning for the City to delay this work in the event of a shutdown:
1. The City has awarded the project to a Contractor and executed the associated contracts, but no construction
work has been completed at this time. Due the dynamic situation with Federal Aid projects as the potential
shutdown approaches, the Contractor has not been provided a Notice to Proceed with this project. Thus,
the project has already been delayed.
2. Mn/DOT has communicated that satisfying Independent Assurance Sampling/Testing and other material
quality expectations would be difficult during a shutdown and would be a risk that the City would incur.
Thus, the City may be found to be in violation of Federal Aid construction material requirements and may
lose funding if work proceeds without Mn/DOT staff being available.
3. School Road NW is a primary collector street that accommodates significant traffic (property owners,
commercial, agricultural, school, bus, etc.). The City planned to address this project during the summer
months to avoid the heavy school/bus traffic. Thus, continuing to delay this project into July would create
a situation where substantially completing the project prior to school resuming in early September would be
very difficult.
4. The City is not willing to jeopardize any of the $920,000 of Federal Aid funding by proceeding with
construction activities during the State government shutdown.
At this time, the City is requesting to postpone this project's construction start to early June of 2012, with the
understanding that the City will be allocated the full $920,000 of dedicated Federal Aid funding. Thus, the City
respectfully requests that Mn/DOT provide written verification that this arrangement is acceptable in the event of
any State government shutdown.
Sincerely,
Kent Exner, PE
Director of Public Works /City Engineer
c: Mel Odens, Mn/DOT
Cory Hoernemann, Wm. Mueller & Sons, Inc.
Jeremy Carter, City Administrator
Printed on recycled paper
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Ed
City of Hutchinson
Public Works Department
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234 -4219 Fax (320) 234 -6971
June 13, 2011
To: Honorable Mayor and City Council members
From: John Olson, Public Works Manager
Subject: Cemetery Ornamentation Regulations
The City regulates decorations placed on cemetery lots. Regulations are in City Code
§94.40 (c), attached for your reference.
The City recognizes some people desire to decorate cemetery lots using unique
decorations and ornaments. From time to time the City reviews Cemetery rules. In
response to the noted trend by people to decorate cemetery lots, information from a
variety of cemeteries was compiled to help staff understand the issues. Staff found most
cemetery ordinances do not allow these decorations, similar to our current ordinance.
However, in response to the noted trend, staff feels it is advisable to establish some
means of providing for small, unique decorations. The proposed option would be to
provide for these types of decorations, provided they remain wholly within a permitted
flower pot or flower box that fits securely over the headstone of above - ground
monuments. Decorations would not be allowed to hang out or over the container or be
placed on the ground. The only exception would be for flowers placed for Memorial Day
that are already addressed in Cemetery rules. The intent of this proposed modification is
to provide families with a reasonable option to decorate and place ornamentation at
cemetery lots.
Comments were received from a variety of sources and staff worked on the proposed
language to incorporate these changes into the existing City Code. The proposed
language is also attached for your reference.
The City will offer approved flower pot stands and flower box stands for sale.
Current practice is to remove unauthorized decorations from time to time during routine
maintenance operations. Items removed are put into marked bags and are retained to
allow families to retrieve them. Unclaimed items are disposed of each fall and spring.
ME
Chapter 94: Cemeteries
§94.40 Lot Decoration.
(A) Floral regulations. The ground planting ofjlowers by the lot owner is not
permitted. The city shall have authority to remove all floral designs, flowers, weeds,
trees, shrubs, plants or herbage of any kind from the cemetery as soon as, in the
judgment of the cemetery officials, they become unsightly, dangerous, detrimental or
diseased, or when they do not conform to the standards maintained. The city shall not be
liable for floral pieces, baskets or frames in which or to which floral pieces are attached.
The city shall not be liable for lost, misplaced or broken flower vases. The city shall not
be responsible for plants, herbage or plantings of any kind damaged by the elements,
thieves, vandals or by other causes beyond its control. The city reserves the right to
prevent the removal of arty flowers, floral designs, trees, shrubs, plants or herbage of any
kind, unless it gives its consent.
(B) Removal offloral frames. Floral frames, when removedfrom the lot site, unless
called for within five days by those lawfully entitled to them, may be disposed of by the
city in any manner it sees fit.
(C) Certain ornaments prohibited. The placing of boxes, shells, toys, metal designs,
ornaments, chairs, settees, glass, wood or iron cases and similar articles upon lots shall
not be permitted, and if so placed, the city may remove the same {PROPOSED
LANGUAGE:•`°° '"• ;rl�t ,,•ret..t �.,i►h,� n ApptUMallaili3 or fTawet
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TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Discussion of TH 15 Water Main Lining Project
(Letting No. 6/Project No. 11 -09)
DATE: June 28, 2011
The City has received the attached Mn/DOT letter dated June 9, 2011, relative to the above referenced project. As noted
within the letter, all work authorized by Mn/DOT through their permitting process must be suspended by July 1, 2010, if
a State government shutdown does occur. Thus, the TH 15 Water Main Lining project may not be able to be constructed
per the attached contractor provided schedule. This delay may result in substantial re- mobilization and delay claims from
the project contractor. At this point, City staff is working to compose a letter to Mn/DOT that communicates the City's
specific concerns and requests that this work be allowed to proceed as planned and permitted.
Lastly, City staff administered a Pre- Construction Meeting to inform immediately adjacent property owners of the
anticipated construction timeframes and specified work staging plans. The primary intent of this meeting is to give
property owners an opportunity to communicate any specific concerns or issues and ask questions.
cc: Jeremy Carter —City Administrator
S(e-)
Minnesota Department of Transportation
395 John Ireland Boulevard MS682 RECEIVED
�V! 07 Saint Paul, MN 55155
JUN 16 2011
June 9, 2011 C Y Of K•t�� n
To: Permittees and Agreement Holders
Re: Potential Temporary Suspension of State Contract Performance
We are writing to you because your organization has a relationship with this agency under an
active agreement, work order, or permit, or will have a relationship under a new agreement, work
order, or permit that will become effective in the near future.
As you may know, the Minnesota State Legislature adjourned May 23, 2011, without appropriating
money to fund the operations of state government for the fiscal year that begins July 1, 201.1.
Although negotiations continue, we have no assurance that the involved parties will reach an
agreement, or that a special legislative session called prior to July 1, 2011 will result in fund
appropriations.
This agency operates on a biennial budget. The Minnesota Legislature appropriates funds every
two years. Each fiscal year begins on July 1 and ends on June 30 of the following calendar year.
Our current biennial budget is due to end after June 30, 2011. In the absence of legislation
specifically appropriating funds for the continuing operations of the agency for the next biennium,
we will have no or very limited authority to expend or release funds-to pay for goods or services
after June 30, 2011. In this event, expenditures will be limited to fund or support only critical life,
health, and safety functions of state government.
Because we do not know whether the biennial budget process will conclude in time to avoid a
disruption to our operations, we must advise all contractors, vendors, and grantees that if the
legislature does not authorize appropriations as of July 1, 2011, all work, activity, and
performances under our agreements, work orders, and permits must be suspended as of that
date, pending authorized appropriations. Future agreements, work'orders, permits, plan review,
closeouts, payments or invoices will not be processed during this time.
In the event that any agreement, work order, or permit concerns a critical state function, as
described above, we will notify you by separate letter, publication, bulletin, or other appropriate
means.
We will work to keep you informed of progress regarding legislative authorization of
appropriations, and we will make every reasonable effort to issue public notices promptly when
An Equal Opportunity Employer
budgets are approved and you may resume work. We do suggest that you monitor state web
sites, bulletins, and media publications for further information.
Sincerely,
6"-&If - &) WuE,L4f0 --
Valerie K. R. Svensson
Director, Pre - Letting Services
Office of Technical Support
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June 29, 2011
Geri Vick
Minnesota Department of Transportation
P.O. Box 768
2505 Transportation Road
Willmar, MN 56201 -2230
Dear Ms. Vick:
Hutchinson City Center
111 Hamm Street SE
Hotchirtvon, MN 55350.2522
320 -5 5kl 11 320.2344240
RE: City of Hutchinson
TH 15 Water Main Lining Project
Letting No. 6/Project No. 11 -09
As part of a cooperative project agreement (agreement) between the Cities of Fridley, Golden Valley, and
Hutchinson; Fer -Pal Construction, USA, LLC (contractor) will rehabilitate the City of Hutchinson's
(City) existing 12 -inch trunk water main pipe under the east parking lane of TH 15 between Oakland
Avenue SE and 4h Avenue SW. Rehabilitation features the installation of a structural cured -in -place liner
inside the trunk water main pipe. The City has obtained Mn/DOT permit No. 39859 to complete this
rehabilitation work.
• The enclosure to this letter is the contractor's latest rehabilitation schedule. Please notice that the
contractor will begin rehabilitation work in Hutchinson on July 25. While we understand that the State
government may be forced to shut down on July 1, 2011, we respectfully request that Mn/DOT allow the
City to proceed with this rehabilitation work for the reasons given below:
1. This is a rehabilitation project. We consider it no different than if the City has to repair a trunk
water main break under TH 15. In our opinion, regardless of whether or not it is shut down,
Mn/DOT would not interfere with the service we provide our customers. We ask that Mn/DOT
not let its potential shut down interfere with this rehabilitation work either.
2. The contractor is from out of state. If they cannot begin their work on or near July 25, they will
likely have to leave Minnesota to work in another part of the United States. If they do, the
contractor tells us they will charge the City a re- mobilization cost of at least $10,000.
3. If the contractor has to remobilize to the City, they would need to begin their work no later than
August 29 in order to deactivate the necessary temporary trunk water main pipe and service pipe
network by approximately mid - October. The City cannot allow the temporary pipe network to
operate beyond mid- October due to night -time freezing concerns.
4. If this work cannot begin by August 29, the City will not allow the contractor to proceed with the
work during 2011. Therefore, the City will need to maintain its existing 12 -inch trunk water main
pipe during the winter of 2011/2012. Based on past history, the City believes that additional water
main breaks along this existing pipe are more than likely to occur during the winter months.
• As described above, the City may incur substantial additional remobilization and/or delay costs if this
project is not allowed to proceed as currently permitted. If Mn/DOT doesn't allow for this project's
construction to occur as planned, the City may be forced to seek reimbursement from Mn/DOT for the
grL)
Printed on recycled paper -
Page 2
•
additional project costs related to the order to suspend work. Thus, the City respectfully requests that
Mn /DOT allow the City to proceed with this project as permitted and planned.
Sincerely,
Kent Exner, PE
Director of Public Works /City Engineer
Enclosure
c: Mitch Hoeft, City of Golden Valley (with Enclosure)
Lou Magurno, Fer -Pal Construction, USA, LLC (with Enclosure)
Toby Muse, SEH (with Enclosure)
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•
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To: City of Hutchinson - Honorable Mayor and City Council
From: John Rodeberg, RiverSong Steering Committee
RE: Consideration of Support for the RiverSong Festival
Date: Tuesday, June 28, 2011
On July 29 and 30, 2011 the third annual RiverSong Folk Music Festival (a celebration ofgrassroots
music) will be held in Hutchinson. The festival includes great music, storytelling, an Arts & Crafts area
and a Food Fair. As we have the first two years of the festival, we are requesting that the City of
Hutchinson continue as a partner in our efforts and consider supporting the Festival.
I will be at the Council Meeting to give a short presentation, and answer your questions. If you would
like more information, please visit our website at htto7//www.riversongfestival.org or contact Steering
Committee Chair, Megan Peterson (320 - 296 -5688 or meeanna riverson¢festival.org), or Betsy Price (320-
587 -2599 or clayoot(dhutchtel.net) or me (651- 470 -2448 / jrodeberg(sehinc.com).
RiverSona's Purpose
RiverSong utilizes and highlights the abundant music, art, history, and natural assets of the Hutchinson
area and surrounding region to provide a distinct musical and artistic experience to community members
and visitors of all ages and demographics.
RiverSong's Mission
RiverSong provides a high quality music and art festival experience in a natural and sustainable
community setting. The festival expands local arts initiatives by showcasing local and regional musical
and arts talent, and offering educational artistic opportunities for all ages. RiverSong builds on the distinct
musical heritage of the Hutchinson area and leverages the wide array of strong community assets that are
available.
RiverSonE's History
The RiverSong group began as a feasibility exploration team in November 2006 which then developed
into a formal action committee, pulling in additional volunteers in October 2007. The event grew out of
the brainstorming sessions that were part of the Blandin Leadership program.
The RiverSong Festival would not be possible without the generous support of our festival sponsors and
donors. Thank you to all of our past and 2011 sponsors and donors for their generosity in supporting the
art and music community in Hutchinson, Minnesota!
C) La-)
RiverSone's Schedule
The Festival will start on Thursday night, July 21 when we will be sponsoring "The Big Coffee House ",
the Hutchinson version of American Idol, to be held at the Peace Center. On Monday night, July 25`h we
host Monday night's Music -in- the -Park event downtown with Eddie and AJ. The main event, "Songs By
The River" will run from Friday to Saturday, July 29th and 30th in Masonic West River Park. Over 15
regional and national music acts will be performing on 2 stages over the two days. You can find more
information at riversongfestival.org.
RiverSon¢ Event Suouort
We have appreciated the help and support provided by City staff over the last three years on the festival.
Dolf Moon, Joe Nagel, and Dan Hatten have all volunteered significant time after hours to attend Site &
Security Committee meetings. Kent Exner, John Olson, Doug Johnson, Lenny Rutledge and many of the
Parks/Rec. and public works staff have also supported our efforts. Please note that this non - profit festival
is run entirely by volunteers, and there are no paid positions,
We are proposing to continue to financially support city staffing efforts:
• RiverSong pays for the rental of all camp sites during the event, since it is not available for public
use. We do coordinate the use of the campground for festival attendees and artists. (We appreciate
the City agreeing to set aside Masonic West River Park for our efforts)
• RiverSong rents extra picnic tables from Park and Recreation
• RiverSong pays for Police Services efforts
We would appreciate continued support for the following items, as in past years:
• Public Works provides dust control on Les Kouba Parkway and also sprays for mosquitoes
• City staff helps stripe the parking area
• Creekside provides 2 portable light towers for use providing safety and security after dark each
evening
• Parks employees prepare and help clean -up the site. RiverSong engages the Cub Scouts to help clean
as well, and are also hoping to work with them to promote recycling this year during the event.
• City staff and Creekside have provided gators or other equipment, such as tables or chairs
This year we are also proposing to construct a permanent stage in coordination with the City. RiverSong
is proposing to pay for all materials and for the primary carpenters ($6,000 estimate), and will be
coordinating with City staff to construct the piers and prepare the site. Volunteers will help complete the
construction of the stage. We would also like to thank Bill Arndt for his generous donation of beams
from the old railroad trestle near ShopKo, and Architect Steve Jensen for completing the design of the
stage. We are excited to be able to help construct a municipally -owned stage that will benefit the entire
community.
As we have noted in our advertising: Enjoy live music by artists from all over the Midwest at our scenic
river's edge location! You can not only experience fabulous music, you can check out talented
storytellers, enjoy great food and beverages, take in the work of area artisans, and relax in a natural
atmosphere.
We look forward to working with the City on the continued effort for this world -class festival in
Minnesota's Hometown!
btt�
REAL ESTATE PURCHASE AGREEMENT
parties. This Purchase Agreement is made and effective on the last date executed below by and between the City of
Hutchinson, a Minnesota municipal corporation, ("Buyer), and Gus Wendell, a married individual, ( "Seller).
Offer/ Acceptance. Seller agrees to convey real property (the "Property) in McLeod County, Minnesota, as follows:
West Half of Lots 6 and 7, South Half, City of Hutchinson
Purchase price and Terms. The purchase price for the properly shall be thirty -five thousand dollars and no cents
($35,000.00) which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing and
upon delivery of the deed as hereinafter provided. As additional consideration, Buyer will convey to Seller a Quit
Claim Deed to the following parcel in McLeod County, Minnesota (see Exhibit A attached).
Closing Date. The closing of this transaction shall take place by September 15, 2011.
Deed. At closing, Seller shall execute and deliver a Warranty Deed conveying title of record, subject to building and
zoning laws, ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or
easements of record.
Damages to Real Llrp ri . If the real property is substantially damaged prior to closing, this purchase agreement shall
terminate and the earnest money, if any, shall be refunded to Buyer. If the real property is damaged materially but less
than substantially prior to closing, Buyer may rescind this purchase agreement by notice to Seller within twenty-one
(2 1) days after Seller notifies Buyer of such damage, during which 21-day period Buyer may inspect the real property,
and in the event of such recission, the earnest money, if any, shall be refunded to Buyer.
Seller's Lien Warrants. Seller wan-ants that there has been no labor or material furnished to the property for which
payment has not been made.
Condition of prooertv. Seller shall remove a0 debris and all personal property not included in this sale from the
properly before possession date. Seller has not received any notice from any governmental authority as to the existence
of any Dutch elm disease, oak wilt, or other disease of any trees on the properly.
Seller knows of no hazardous substances or petroleum products having been placed, stored, or released from or on the
property by any person in violation of any law, nor of any underground storage tanks having been located on the
properly at any time.
Notwithstanding Buyers environmental investigations of the property, Seller does not warrant and represent to Buyer
that there have been no acts or occurrences upon the property that have caused or could cause hazardous substances or
petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the
area. Seller does not represent and warrant to Buyer that the property is free of hazardous substances and is not subject
to any "superhind" type liens or claims by governmental regulatory agencies or third parties arising from the release or
threatened release of hazardous substances in, on, or about the property.
Seller knows of no wetlands, flood plain, or shoreland on or affecting the property.
Seller's wananties and representations contained in this section shall survive the delivery of the deed provided that any
notice of a defect or claim of breach of warranty must be in writing. Arry such notice with respect to matters referred to
in this section must be given by the Buyer to the Seller within one year of the date of closing or they will be deemed
waived. The conditions of the conveyance of this property set forth in the Price and Terms section of this agreement
shall also survive the delivery of the deed.
1 b��
Buyer shall have the right to have inspections of the property conducted prior to closing. Unless required by local
ordinance or lending regulations, Seller does riot plan to have the property inspected. Other than the representations
made in this paragraph, and by any contingencies, the property is being sold "AS IS" with no express or implied
representations or warranties by the Seller as to physical conditions or fitness for any particular purpose.
Disclosure of Notices. Seller has not received any notice from any governmental authority as to violation of any law,
ordinance or regulation. If the property is subject to restrictive covenants, Seller has not received any notice from any
person as to a breach of the covenants. Seller has not received any notice from any governmental authority concerning
any eminent domain, condemnation, special taxing district, or rezoning proceedings. Should Seller receive notice of
annexation proceedings, Seller agrees to cooperate with Buyer to annex the above- described land into the City of
Hutchinson.
Access Prior to Closing. By this purchase agreement, Buyer does not acquire any right of possession of the property,
license, or easement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer
and its agents shall have access to the Property for completing such tests, studies, evaluations and other investigations
as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site
evaluators for the purposes of testing, measuring and evaluating the condition of the parcel.
Possession. Seller shall deliver possession of the property not later than September 15, 2011, the date of closing; or
such earlier time as the parties may agree to.
Examination of Title. Upon the execution of the purchase agreement, Seller shall, at its expense, deliver to Buyer an
updated abstract
Warranties and Representations of Seller. By executing this agreement, Seller represents and warrants drat the Seller is
the sole owner of the property and that there is no actual pending or threatening legal action with respect to the
property. Seller also warrants that there are no other contracts for deed, agreements, and options of fast refusal
affecting the property. Finally, the Seller warrants there are no violations of applicable governmental laws, ordinances
or regulations pertaining to the property.
Closing Costs and Prorations. Seller shall pay all costs and expenses necessary to place title in the condition
represented by Seller. Seller shall pay the costs of the abstract Buyer shall pay any state deed tax due and payable with
respect to the Warranty Deed conveying the property. Real estate taxes dire and payable for the Property the year in
which the Closing occurs shall be paid pro -rata by the Buyer and Seller as of the Closing Date. Buyer shall pay the
costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to
purchase. Seller and Buyer shall share equally the closing fee charged by a title company. All other costs and expenses
with respect to the property shall be prorated between the Seller and Buyer as is customary as of the closing date. Each
party shall pay its respective attorney's fees and professional costs with respect to the negotiation and closing of the
purchase.
Real Estate Commission. The parties shall pay any commission or fee payable to their respective Broker or agent, if
any.
Minnesota Law. This contract shall be governed by the laws of the State of Minnesota.
Well Disclosure. Seller certifies that Seller does not know of any wells on the property.
Closing. Closing shall be at some mutually agreeable location. At closing, Seller and Buyer shall disclose their Federal
Tax Identification numbers for the purposes of completing state and federal tax fortes.
Breach of ContracdLi mdated Parrraees. The parties herein agree that the sole remedy for any and all claims of breach
of contract arising out of the non- perform or breach of this purchase agreement shall be the earnest money paid by
buyer and the accrued interest thereon, if any.
Miscellaneous.
1. Fixhmes. As part of this trar►saction, Seller conveys all fixtures, personal property and appurtenances located in the
stnrcture located on the property.
2. Contingency. This transaction is expressly contingent upon Seller acquiring marketable title to the premises prior
to September 15, 2011.
3. No Conditions on Use. By entering into this ageemeK the parties agree that Buyer will convey and Seller will
take the premises without any restrictions on the use of, or future conveyance or alteration of, the premises
whatsoever.
4. This agreement is not effective until an ordinance authorizing the purchase of this real property has been approved
by the City Council and published as required by the Hutchinson City Charter.
SELLER
Gus Wurdell
Steven W. Cook, Mayor
City of Hutchinson
Jeremy J. Carter, City Administrator
City of Hutchinson
171TPI
5Q
EXHIBIT A
That part of the Southeast Quarter of the Southeast Quarter of Section 36, Township 1 17 North, Range
30 West, McLeod County, Minnesota, described as follows:
Commencing at the northwest comer of said Southeast Quarter of the Southeast Quarter: thence easterly,
along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly,
parallel with the west line of said Southeast Quarter of the Southeast Quarter to the south line of the North
33.00 feet of said Southeast Quarter of the Southeast Quarter and the point of beginning of the land to be
described: thence continuing southerly, parallel with said west line of the Southeast Quarter of the
Southeast Quarter 351.77 feet to the northerly line of the former railroad right of way: thence
southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence northerly,
parallel with said west line of the Southeast Quarter of the Southeast Quarter 337.75 feet: thence
northeasterly, deflecting to the right 44 degrees 40 minutes 52 seconds 35.55 feet to said south line of the
North 33.00 feet of the Southeast Quarter of the Southeast Quarter: thence easterly, along said south line
of the North 33.00 feet of the Southeast Quarter of the Southeast Quarter 25.00 feet to the point of
beginning.
Subject to an easement for Storm Water Pond purposes, which Seller /Grantor reserves for itself, over,
under and across that part of said Southeast Quarter of the Southeast Quarter, described as follows:
Commencing at the northwest comer of said Southeast Quarter of the Southeast Quarter: thence easterly,
along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly,
parallel with the west line of said Southeast Quarter of the Southeast Quarter 155.26 feet to the point of
beginning of the easement to be described: thence continuing southerly, parallel with said west line of the
Southeast Quarter of the Southeast Quarter 230.40 feet to the northerly line of the former railroad right of
way: thence southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence
northerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 240.81 feet:
thence easterly, 50.00 feet to the point of beginning.
• REAL ESTATE PURCHASE AGREEMENT
Parties. This Purchase Agreement is made and effective on the last date executed below by and between the City of
Hutchinson, a Minnesota municipal corporation, (`Buyer"), and Gustav C. Wurdell and Elizabeth A. Wurdell, husband
and wife, ( "Sellers').
Offer /Acceptance. Sellers agree to convey real property (the "Property ") in McLeod County, Minnesota, as follows:
West Half of Lots 6 and 7, South Half, City of Hutchinson
Purchase Price and Terms. The purchase price for the property shall be thirty -five thousand dollars and no cents
($35,000.00) which the Buyer agrees to pay in cash or by certified check or bank draft on the date of the closing and
upon delivery of the deed as hereinafter provided. As additional consideration, Buyer will convey to Sellers a Quit
Claim Deed to the following parcel in McLeod County, Minnesota (see Exhibit A attached).
Closing Date. The closing of this transaction shall take place by September 15, 2011.
Deed. At closing, Sellers shall execute and deliver a Warranty Deed conveying title of record, subject to building and
zoning laws, ordinances, state and federal regulations, exceptions to title which constitute encumbrances, restrictions or
easements of record.
Damages to Real Pronerty. If the real property is substantially damaged prior to closing, this purchase agreement shall
terminate and the earnest money, if any, shall be refunded to Buyer. If the real property is damaged materially but less
than substantially prior to closing, Buyer may rescind this purchase agreement by notice to Sellers within twenty-one
•
(2 1) days after Sellers notify Buyer of such damage, during which 21-day period Buyer may inspect the real property,
and in the event of such recission, the earnest money, if any, shall be refunded to Buyer.
Sellers' Lien Warrants. Sellers warrant that there has been no labor or material furnished to the property for which
payment has not been made.
Condition of properly. Sellers shall remove all debris and all personal property not included in this sale from the
property before possession date. Sellers have not received any notice from any governmental authority as to the
existence of any Dutch elm disease, oak wilt, or other disease of any trees on the property.
Sellers know of no hazardous substances or petroleum products having been placed, stored, or released from or on the
properly by any person in violation of any law, nor of any underground storage tanks having been located on the
property at any time.
Notwithstanding Buyer's environmental investigations of the property, Sellers do not warrant and represent to Buyer
that there have been no acts or occurrences upon the properly that have caused or could cause hazardous substances or
petroleum products to be released or discharged into the subsoil or ground water of the property or other property in the
area. Sellers do not represent and warrant to Buyer that the property is free of hazardous substances and is not subject to
any "superfund" type liens or claims by govemmental regulatory agencies or third parties arising from the release or
threatened release of hazardous substances in, on, or about the property.
Sellers know of no wetlands, flood plain, or shoreland on or affecting the property.
Sellers' warranties and representations contained in this section shall survive the delivery of the deed provided that any
notice of a defect or claim of breach of warranty must be in writing. Any such notice with respect to matters referred to
• in this section must be given by the Buyer to the Sellers within one year of the date of closing or they will be deemed
waived. The conditions of the conveyance of this property set forth in the Price and Terms section of this agreement
VkOi" I0�)
• shall also survive the delivery of the deed.
Buyer shall have the tight to have inspections of the properly conducted prior to closing. Unless required by local
ordinance or lending regulations, Sellers do not plan to have the property inspected. Other than the representations
made in this paragraph, and by any contingencies, the property is being sold "AS IS" with no express or implied
representations or warranties by the Sellers as to physical conditions or fitness for any particular purpose.
Disclosure of Notices. Sellers have not received any notice from any governmental authority as to violation of any law,
ordinance or regulation. If the property is subject to restrictive covenants, Sellers have not received any notice from any
person as to a breach of the covenants. Sellers have not received any notice from any governmental authority
concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. Should Sellers
receive notice of annexation proceedings, Sellers agree to cooperate with Buyer to annex the above - described land into
the City of Hutchinson.
Access Prior to Closing. By this purchase agreement, Buyer does not acquire any right of possession of the property,
license, or easement. However, during the period from the date of the Purchase Agreement to the Closing Date, Buyer
and its agents shall have access to the Property for completing such tests, studies, evaluations and other investigations
as Buyer deems necessary. This right of entry shall also include the Buyer's agents, surveyors, engineers, and site
evaluators for the purposes of testing, measuring and evaluating the condition of the parcel.
Possession. Sellers shall deliver possession of the property not later than September 15, 2011, the date of closing, or
such earlier time as the parties may agree to.
Examination of Title. Upon the execution of the purchase agreement, Sellers shall, at their expense, deliver to Buyer an
• updated abstract.
Warranties and Representations of Sellers. By executing this agreement, Sellers represent and warrant that the Sellers
are the sole owner of the property and that there is no actual pending or threatening legal action with respect to the
property. Sellers also warrant that there are no other contracts for deed, agreements, and options of first refusal
affecting the property. Finally, the Sellers warrant there are no violations of applicable governmental laws, ordinances
or regulations pertaining to the property.
Closing Costs and Proration. Sellers shall pay all costs and expenses necessary to place title in the condition
represented by Sellers. Sellers shall pay the costs of the abstract. Buyer shall pay any state deed tax due and payable
with respect to the Warranty Deed conveying the property. Real estate taxes due and payable for the Property the year
in which the Closing occurs shall be paid pro-rata by the Buyer and Sellers as of the Closing Date. Buyer shall pay the
costs of recording the conveyance instruments and the premium for any policy of title insurance which Buyer elects to
purchase. Sellers and Buyer shall share equally the closing fee charged by a title company. All other costs and
expenses with respect to the property shall be prorated between the Sellers and Buyer as is customary as of the closing
date. Each party shall pay its respective attorney's fees and professional costs with respect to the negotiation and
closing of the purchase.
Real Estate Commission. The parties shall pay any commission or fee payable to their respective Broker or agent, if
any.
Minnesota Law. This contract shall be governed by the laws of the State of Minnesota.
Well Disclosure. Sellers certify that Sellers do not know of any wells on the property.
• Closing. Closing shall be at some mutually agreeable location. At closing, Sellers and Buyer shall disclose their
Federal Tax Identification numbers for the purposes of completing state and federal tax forms.
eA,-A" 1 0 (1)
• Breach of ContractfLiquidated Damages. The parties herein agree that the sole remedy for any and all claims of breach
of contract arising out of the non - performance or breach of this purchase agreement shall be the earnest money paid by
buyer and the accrued interest thereon, if any.
Miscellaneous.
1. Fixtures. As part of this transaction, Sellers convey all fixtures, personal property and appurtenances located in the
structure located on the property.
2. Contingency. This transaction is expressly contingent upon Sellers acquiring marketable title to the premises prior
to September 15, 2011.
3. No Conditions on Use. By entering into this agreement, the parties agree that Sellers will convey and Buyer will
take the premises without any restrictions on the use of, or future conveyance or alteration of, the premises
whatsoever.
4. This agreement is not effective until an ordinance authorizing the purchase of this real property has been approved
by the City Council and published as required by the Hutchinson City Charter,
SELLERS
• Gustav C. Wurdell
Elizabeth A. Wurdell
Date
r 1
Li
BUYER
Steven W. Cook, Mayor
City of Hutchinson
Jeremy J. Carter, City Administrator
City of Hutchinson
Date
�s t o(6)
0
EXHIBIT A
That part of the Southeast Quarter of the Southeast Quarter of Section 36, Township 1 17 North, Range
30 West, McLeod County, Minnesota, described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Southeast Quarter: thence easterly,
along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly,
parallel with the west line of said Southeast Quarter of the Southeast Quarter to the south line of the North
33.00 feet of said Southeast Quarter of the Southeast Quarter and the point of beginning of the land to be
described: thence continuing southerly, parallel with said west line of the Southeast Quarter of the
Southeast Quarter 351.77 feet to the northerly line of the former railroad right of way: thence
southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence northerly,
parallel with said west line of the Southeast Quarter of the Southeast Quarter 337.75 feet: thence
northeasterly, deflecting to the right 44 degrees 40 minutes 52 seconds 35.55 feet to said south line of the
North 33.00 feet of the Southeast Quarter of the Southeast Quarter: thence easterly, along said south line
of the North 33.00 feet of the Southeast Quarter of the Southeast Quarter 25.00 feet to the point of
beginning.
Subject to an easement for Storm Water Pond purposes, which Seller /Grantor reserves for itself, over,
under and across that part of said Southeast Quarter of the Southeast Quarter, described as follows:
Commencing at the northwest corner of said Southeast Quarter of the Southeast Quarter: thence easterly,
• along the north line of said Southeast Quarter of the Southeast Quarter 898.00 feet: thence southerly,
parallel with the west line of said Southeast Quarter of the Southeast Quarter 155.26 feet to the point of
beginning of the easement to be described: thence continuing southerly, parallel with said west line of the
Southeast Quarter of the Southeast Quarter 230.40 feet to the northerly line of the former railroad right of
way: thence southwesterly, along said northerly line of the former railroad right of way 51.12 feet: thence
northerly, parallel with said west line of the Southeast Quarter of the Southeast Quarter 240.81 feet:
thence easterly, 50.00 feet to the point of beginning.
•
Nzw«a i oCe)
C
TO: Mayor & City Council
FROM: Kent Exner, DPW /City Engineer
RE: Consideration of Cooperative Agreement for Bridge Replacement on County State Aid
Highway 115 (South Grade Road) and Jurisdictional Transfer of Streets/Highways in
Hutchinson, MN
DATE: June 28, 2011
City staff has received the above referenced Cooperative Agreement from the McLeod County Highway Department.
This agreement allows for the transfer of a segment of South Grade Road (School Rd. SW to Underwood Dr.) which
includes abridge to the City's jurisdiction. Also, to be addressed is the transfer of a segment of Bluff Street NE (TH 7/22
to Washington Ave.) which includes abridge to the County's jurisdiction. At this point, City staff is working to prepare a
brief analysis of this transaction based on the specifics within the draft agreement and will be prepared to discuss this
information at the City Council meeting.
We recommend approving the attached Cooperative Agreement.
cc: Jeremy Carter— City Administrator
1ocG)
COOPERATIVE AGREEMENT
FOR BRIDGE REPLACEMENT ON COUNTY STATE AID HIGHWAY 115 (SOUTH GRAD
ROAD) and JURISDICTIONAL TRANSFER OF STREETS/HIGHWAYS
IN HUTCHINSON MN
THIS COOPERATIVE AGREEMENT FOR BRIDGE REPLACEMENT ON COUNTY
STATE AID HIGHWAY 115 AND JURISDICTIONAL TRANSFER OF STREETS/HIGHWAYS
IN HUTCHINSON MN, ( "Agreement ") is made and entered into as of the day of
2011, by and between the City of Hutchinson MN ("City), and the County of McLeod ( "County") (each
sometimes hereinafter called "party" and both sometimes collectively "parties ") the parties being
governmental and political subdivisions of the State of Minnesota.
WITNESSETH:
WHEREAS, each of the parties has the authority to construct, maintain, repair, and improve
public streets within their respective jurisdictions; and
WHEREAS, County State Aid Highway 115 (CSAH 115) is a duly dedicated and opened public
street, located within the corporate limits of City; and
WHEREAS, the parties desire to undertake a joint project involving replacement of bridge
L0324, and other related incidentals, and to share the costs of such improvement as herein provided; and
WHEREAS, upon completion of the project, the parties desire to trade ownership of segments of
State Aid street and highway along with associated infrastructure; and
WHEREAS, the authority of the parties to enter into this Agreement is provided by Minnesota
Statutes, sections 471.59.
NOW, THEREFORE, in consideration of the mutual promises and covenants of each to the
other contained in this Agreement and other good and valuable consideration, receipt of which is hereby
acknowledged, the parties hereto do covenant and agree as follows:
Section 1.01. Purposes. The purpose of this Agreement is to define the rights and obligations of
the City and the County with respect to the Project, the sharing of the costs of the Project, and the
Jurisdictional Transfer.
Section 1.02. Cooperation. The City and the County shall cooperate and use their best efforts to
ensure the most expeditious implementation of the various provisions of this Agreement. The parties
agree in good faith to undertake resolution of disputes, if any, in an equitable and timely manner.
Section 1.03. Relationship to Other Contracts. The City and the County acknowledge that
Contract Documents will be entered into by the County on behalf of the parties with respect to the Project,
and that Change Orders or other documents may be entered into by the parties, or by the County on behalf
of the parties, with respect to the ProjecL This Agreement shall be construed so as to give the fullest
_,_ 2W0Ad ".6t6E(C6Nt26)iNh..q.n M.E -F C..o..t.AW...• ` �
effect to its provisions, consistent with the provisions of the other contracts and documents referred to
above.
Section 1.04. Term. The term of this Agreement shall be for a period commencing on the date
hereof and terminating on the date the Project is completed, accepted by the parties and all amounts owed
by one party to the other or to the project contractor have been paid in full, and the Jurisdictional Transfer
is completed.
Section 1.05. Recital& The above recitals are true and correct as of the date hereof and constitute
a part of this Agreement.
ARTICLE II
DEFIMTIONS
Section 2.01. Definitions. In this Agreement the following terms shall have the following
meanings unless the context requires otherwise:
a) Agreement: this Agreement, as it may be amended, supplemented, or restated from time to time.
b) Change Order. a written order to the Contractor approved by both parties hereto and signed by
the County Representative on behalf of the parties authorizing a change in the work included
within the Contract Documents and/or an adjustment in the price and/or an adjustment in the
construction schedule, issued after execution of the contract for the construction of the Project
c) Contract Documenb: drawings; specifications; general and special conditions; addenda, if any;
Change Orders; and the construction contract for the project; approved by the parties, or their
respective representatives.
d) Contractor. the person or entity which is awarded the contract for the construction of the Project.
e) CiM the City of Hutchinson, MN.
f) Citv RenrYSentative, Kent Exner, Hutchinson Public Works Director /City Engineer.
g) County: McLeod County.
h) County Reoresentatiye: John Bnmkhorst, McLeod County Engineer.
i) Project: bridge L0324 replacement (future bridge width shall accommodate a 10' trail facility
with adequate roadway clearance) and associated right -0f -entry acquisition, grading, aggregate
base, bituminous/concrete surfacing, curb & gutter, sidewalk/trail, storm sewer, street lighting,
landscaping and other incidentals that may be required or desired
j) Jurisdictional Transfer: the transfer of segments of State Aid street and highway, as defined in
Article V.
k) Project Cosb: all costs for and associated with the construction of the Project, including Design
Engineering Costs, Construction Engineering Costs, and City/County Direct Costs. t ^/c`
-3- M10/Wwr818E(CSm26)&Wmk"WAnE -F Caopm "AW=MWd \
1) Design Engineering Costs: the fees and costs for all consulting engineers preparing Contract
Documents.
m) Construction Engineering Costs: the fees and costs for all consulting engineers 1performing
project construction inspection.
n) City /County Direct Costs: the compensation and wages (including applicable payroll burden) of
City /County employees for the time(s) such employees are performing services on behalf of the
Project, including construction inspection, and other incidentals.
o) Street: CSAH 115 (South Grade Road).
p) Uncontrollable Circumstances: the occurrence or non - occurrence of acts or events beyond the
reasonable control of the party relying thereon, and not the result of willful or negligent action or
inaction of the party claiming the event as an Uncontrollable Circumstance, that materially
adversely affects the performance of the party claiming the event as an Uncontrollable
Circumstance including but not limited to the following:
(1) Acts of God, including, but not limited to floods, ice storms, blizzards, tornadoes,
landslides, lighting and earthquakes (but not including reasonably anticipated
weather conditions for the geographic area), riots, insurrections, war or civil
disorder affecting the performance of work, blockades, power or other utility
failure, and fires or explosions.
(2) The adoption of or change in any federal, state, or local laws, rules, regulations,
ordinances, permits, or licenses, or changes in the interpretation of such laws, rules,
regulations, ordinances, permits, or licenses by a court or public agency having
appropriate jurisdiction after the date of the execution of this Agreement.
(3) A suspension, termination, interruption, denial, or failure of renewal of any permit,
license, consent, authorization, or approval essential to the constriction of the
Project
(4) Orders and/or judgment of any federal, state, or local court, administrative agency,
or governmental body, provided, however, that the contesting in good faith by such
party of any such order and/or judgment shall not constitute or be construed to
constitute a willfid or negligent action or inaction of such party.
(5) Strikes or other such labor disputes shall not be considered an Uncontrollable
Circumstance, unless such strike or labor dispute involves persons with whom the
parties have no employment relationship and the parties, or either of them, cannot,
using best efforts, obtain substitute performance.
. t . 11
et t4
Section 3.01. Contract Award, The Contract Documents shall be approved by the parties prior \)
-3- 3010Aftm818E(CE4H3E)BWm gbnAw E•Pra�al
to the solicitation of bids. In accordance with the applicable provisions of Minnesota Statutes Ch. 160,
County will cause bids to be received by it for the constriction of the Project and, subject to approval by
the City, shall award the contract for the construction of the Project to the lowest responsible bidder.
Section 3.02. Protect Constriction. Subject to Uncontrollable Circumstances, County shall
cause the Project to be constructed in accordance with the Contract Documents.
Section 3.03. Construction Administration County shall perform appropriate Project
construction administration services, including but not limited to processing Change Orders and
Contractor pay requests.
Section 3.04. Constriction Inspection.
(a) County, shall perform appropriate Project construction inspection services for construction
activities, including but not limited to: bridge replacement, grading, aggregate base,
biturnmous/concrete surfacing, curb & gutter, storm sewer, landscaping, roadway seal
coating, and other incidentals.
(b) City shall perform appropriate Project Construction inspection services for construction
activities, including and limited to right -of -entry acquisitions, sidewalk/trail, street lighting,
and other incidentals.
(c) Construction inspection services shall include, without limitation, representation of the parties
hereto with regard to activities of the Contractor at the construction site, periodic observations
of the work at the construction site, and initiate appropriate action to present or have
corrected as appropriate, any work observed not to be in accordance with the Contract
Documents. Parties shall not be responsible for the acts or omissions of the Contractor nor
shall the Parties be responsible for construction means, methods, techniques, sequences,
procedures or safety precautions at the construction site.
ARTICLE IV
PROJECT COSTS
Section 4.01. All n
(a) The Project Costs shall be allocated between the parties in accordance with the cost - sharing
spreadsheet prepared by County and approved by the City which shows the items of
construction and associated costs. The costs shown in the approved spreadsheet are not actual
costs, but are estimated costs only. The costs to be paid by each party are actual costs of the
Project based on final Project quantities. The costs necessary to construct the new bridge to a
width that appropriately accommodates a trail facility shall be at the County's expense.
(b) The Design Engineering Costs shall be allocated between the parties as determined by the
City and County Representative.
(c) The Construction Engineering Costs shall be allocated between the parties as determined by
the City and County Representative.
(d) All other Costs including, but not limited to City/County Direct Costs, shall be allocated
between the patties as determined by the City and County Representative.
-4- m1oAamaSEJCSwxslawOdkO A»e•rrqdcoow.++Ao.���
(e) The parties agree to defend and indemnify each other for any liability claims arising from this
Project Cooperative Agreement and the project contained herein. Nothing in this agreement
shall constitute a waiver of the statutory limits on liability set forth in Minnesota Statutes
Chapter 466 or a waiver of any available immunities or defenses.
Section 4.02. Payments to Contractor. County shall make progress payments to the Contractor
and, upon approval of both parties hereto, the final payment to the Contractor in accordance with the
Contract Documents.
Section 4.03. Reimbursement. The City shall pay to County the City's share of the Project
Costs within thirty (30) days after receipt by City of each itemized written invoice therefor from the
County.
Section 4.04. Adiustments. To the extent that the actual value of any item included in an invoice
cannot be accurately determined at the time of submission of the invoice, such item shall be invoiced on
an estimated basis and an adjustment shall be made to reflect the difference between such estimated
amount and the actual amount of such item on the next invoice after determination of the actual amount.
ARTICLE V
JURISDICTIONAL TRANSFER PROVISIONS
Section 5.01. Terms. Upon completion of Project, County and City shall work with Mn/DOT
State Aid office to transfer ownership of portions of CSAH 115 and MSAS 104 (Adams Street NE), as
further defined below.
(a) County shall take ownership of MSAS 104 (Adams Street NE) between Washington Avenue
and TH 7 (approximately 1,150 LF) and redesignate it CSAH 25.
(b) City shall take ownership of CSAH 115 between Underwood Avenue and School Road
(approximately 6,690 LF) and redesignate it as segments of MSAS 130 (South Grade Road
SW).
(c) Both parties agree to take ownership of said segments in present condition with no additional
work being required by either party beyond the Project with the exception that the County
shall perform one seal coat to the roadway surface of the CSAH 115 segments within 2 years
of the transfer.
Section 5.02. Maintenance and future construction. Upon completion of the Jurisdictional
Transfer, County and City shall be responsible for any future work as defined below.
(a) All future construction on MSAS 130 (School Rd. to Underwood Ave.) shall be responsibility
of City.
(b) All future construction on CSAH 25 (Washington Ave. to TH 7/22) shall be responsibility of
County; with the following exception:
C
-5- 30msI8E (castaww+amAWE-FO�eaoww"Ve
mM w
City shall be responsible for sidewalk, lighting, watermain, sanitary sewer, portions of
storm sewer, and any other cost mutually agreed upon between City and County
representative.
(c) Routine maintenance (snow /ice control, patching, shouldering, etc.) on said segments shall be
performed by respective owners unless a mutual understanding is agreed upon between City
and County representatives.
ARTICLE VI
GENERAL PROVISIONS
Section 6.01. Notices. All notices or communications required or Permitted pursuant to this
Agreement shall be either hand delivered, mailed, or transferred electronically (e -mail) to City and
County, at the following address:
City: Kent Exner, P.E.
Public Works Director /City Engineer
City of Hutchinson
111 Hassan St SE
Hutchinson MN 55350
County: John T. Bmnkhorst, P.E.
County Engineer
Mcleod County Highway Department
1400 Adams Street SE
Hutchinson MN 55350
Either party may change its address or authorized representative by notice delivered to the other party
pursuant to this Section 6.01.
Section 6.02. CounteMNIh This Agreement may be executed in more than one counterpart,
each of which shall be deemed to be an original but aIl of which taken together shall be deemed a single
instrument.
Section 6.03. Survival of Representations and Warranties. The representations, warranties,
covenants, and agreements of the parties under this Agreement, and the remedies of either party for the
breach of such representations, warranties, covenants, and agreements by the other party shall survive the
execution and termination of this Agreement.
Section 6.04. Non- Assiggability. Neither the City nor the County shall assign any interest in this
Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or novation,
without the prior written consent of the other party. Such consent shall not be unreasonably withheld.
Section 6.05. Alt g, Any alteration, variation, modification or waiver of the provisions of
the Agreement shall be valid only after it has been reduced to writing and duly signed by all parties.
Section 6.06. Waiver. The waiver of any of the rights and/or remedies arising under the terms pf
this Agreement on any one occasion by any party hereto shall not constitute a waiver or any rights and/br
-6- 2010Idto818E (C8M128)&Vft"11M"E.P,4MraaprrA+ 4
remedies in respect to any subsequent breach or default of the terms of this Agreemea. The rights and
remedies provided or referred to under the terms of this Agreement are cumulative and not mutually
exclusive.
Section 6.07. Severability. The provisions of this Agreement are severable. If any paragraph,
section, subdivision, sentence, clause or phrase of this Agreement is for any reason held to be contrary to
law, or contrary to any Wile or regulation having the force and effect of law, such decision shall not affect
the remaining portions of this Agreement.
Section 6.0& Interpretation According to Minnesota Law, This Agreement shall be
interpreted and construed according to the laws of the State of Minnesota
Section 6.09. Entire Agreement. This Agreement shall constitute the entire agreement between
the parties and shall supersede all prior oral or written negotiations.
Section 6.10. HeaftmL The headings to the various sections of this Agreement are inserted only
for convenience of reference and are not intended, nor shall they be construed, to modify, define; limit, or
expand the intent of the parties as expressed in this Agreement.
Section 6.11. Further Actions. The parties agree to execute such further documents and take
such further actions as may reasonably be required or expedient to carry out the provisions and intentions
of this Agreement, or any agreement or document relating hereto or entered into in connection herewith.
Section 6.12. Parties in Interest. This Agreement shall be binding upon and insure solely to the
benefit of the parties hereto and their permitted assigns, and nothing in this Agreement, express or
implied, is intended to confer upon any other person any rights or remedies of any nature under or by
reason of this Agreement.
-7- 7 070 /Wrn�ll8f(081W 761iMh�NO���'Aq��OMrM'Ap�Y�
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly
authorized representatives as of the day and year first above written.
Attest:
By:
Name:
Title:
Attest:
By:
Name:
Title:
Attest:
CITY OF HUTCHINSON MN
By:
Name: Steven W Cook
Title: Mayor
Date:
By:
Name: Jeremy Carter
Title: Cily Administrator
Date:
McLEOD COUNTY
By: By:
Name: Name: BMW
Tide: Title: Board Chair -
Date:
Attest:
By: By:
Name: Name: Pat Me
Date:
-e- sojoAd. 8tae (ca1AH2e)awrhVWAW- •Aga�aa�'r`+ "'"� G�
0
HIMMNSON'PU$LIC WORKYENGMEEMG DOARTMENi`
}Tutchipson'Cfty Cerner /111 Hassan St SE/Hutchinson M14 55350- 2522/320-234- 4203/FAX 32U-23"UO
EN I 'EEMG REPORT , &,FEASIBILM STV", ,
TO:
Mayor & City Council
FROM:
Kent Exner, DPW /City Engineer
DATE:
June 28, 2011
SUBJECT:
South Grade Road /Adams Street Jurisdictional Transfer
I have studied the following proposed jurisdictional transfer and find that the proposed transfer is feasible and
recommend it be executed:
'Cooperative Agreement for Bridge Replacement on County State Aid Highway 115 (South
Grade Road) and Jurisdictional Transfer of Streets /Highways in Hutchinson MN' as provided
by McLeod County Highway Department (see attachment)
South Grade
Road: CSAH 115 between School Road and Underwood Avenue
• Adams
Street NE: MSAS 104 between Washington Avenue and TH 7/22
•
/Dr)
Resource Allocation
Committee
June 7, 2011
4:00 PM
Hutchinson City Center
Attendees: Steve Cook, Jeremy Carter, Kent Eamer (Committee Members)
Dolf Moon, John Olson (Contributing Participants)
MeetinL7 Minutes
1. Letting No. 1 (School Rd) Bids — review bids, Federal Aid items and potential project timeframes
- Kent E. provided an overview of the recently received Letting No. 1 bids and described the forthcoming Federal Aid associated approval
process. Kent E. acknowledged City Engineering Dept. staffs significant effort in administering the entire
environmental/design /property acquisition process for a federally funded project in- house.
2. 2011 Construction Program — review project bids/cost estimates, assessments and timeframes
- Kent E. reviewed the updated 2011 CIP worksheet and informed the RAC that the current estimated bonding amount is just over
$1,900,000. This bonding amount aligns fairly well with the anticipated bonding target amount previously discussed by the RAC. The
construction bids for Letting No. 2 (Industrial Blvd. & Energy Park paving) were also reviewed with the RAC agreeing that the low bid
amount was favorable and that the placement of the Energy Park bituminous wear course should occur this year. Also, John O. provided
a review of the proposed City Airport project
3. City Street Frost Damage — review status of repairs and Letting No. 4 including associated assessments
- John O. noted that the majority of the street frost damages have been excavated and backfilled with reclaim material. City staff expects
that the repair spots will be paved by the end of June. Regarding the more severely damaged streets, Engineering Dept. staff has started
the project process (includes special assessments) and anticipates construction starting in late August or early September. The RAC
agreed that the front footage assessment rate for these roadways should be an average of the Street Rehabilitation project rate ($47.50/FF)
and the Partial Reconstruction project rate ($60.00). Thus, the proposed assessment rate for the work being completed within Letting No.
4 is S53.75117F.
4. South Grade Road Bridge Cooperative Agreement —review revised draft County document
- Kent E. reviewed the most recent South Grade Road Bridge Cooperative Agreement parameters. The RAC agreed that the document
seemed appropriate, so City staff will be forwarding a revised draft to the County for their review /approval. Ultimately, the final draft of
this agreement will be brought to the City Council for their approval. Steve C. noted that the City should attempt to secure trail
funding/grants to help offset the overall total project cost
5. Street Sweeping Screening — review issue, associated requirements and necessary equipment
- John O. reviewed the need for the City to screen street sweepings and provided an overview of the necessary equipment to accomplish the
task. Per input from the RAC, City staff will provide further information regarding this issue with the equipment purchase order.
6. Wind/Solar Energy Review — review request for input from contacted consultants
- Kent E. explained that John Paulson and he have distributed an inquiry to several renewable energy vendors/consultants, that City staff
has had past communications with, regarding the potential of a site specific review being conducted for the City. City staff hopes to bring
back the renewable energy review proposals to the RAC at the July meeting. The RAC discussed the possibility of teaming with a private
equity partner to complete a renewable energy project.
TH 15 Retaining Wall — review potential engineering services agreement
Kent E. described the status of evaluating the TH 15 retaining wall (0 Ave S to 5" Ave S). At this point, City staff has acquired a
proposal to complete a structural analysis of the wall with corresponding replacement alternatives to be identified. RAC members agreed
that entering into a engineering services agreement to address this issue would be appropriate if Mn/DOT agrees to participate in the
process.
8. Other Discussion
- John O. reviewed potential revisions to the City's cemetery ornamentation policy.
- John O, reviewed a proposed equipment transaction involving the City's aerial boom trucks.
Planning, Zoning, and Building Dept. Monthly Report
May 2011
Building Department Permit Activities
Planning. Zoning, and Building Department — Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in May, 2011
Week Of Hutchinson Towers
512010
Brownton
2010 Year to Date
5/2 -5/6
Total Number Inspections
126
91
590
363
Building Permits Issued by Type
Number of
Permits &
Valuation
Number of
Permits &
Valuation
Year to Date
Number Permits
& Valuation
Year to Date
Number Permits
& Valuation
Commercial new
0
0
0
1- $1,450,000
Commercial Additions/ Remodels
8-$340,740
5 - $47,000
30 - $1,510,135
28- $274,100
Industrial new
0
0
0
0
Industrial Additions /Remodels
0
0
0
0
Fire Sprinkling
0
0
3-$45,150
1- $134,800
Total New Residential Units (Single Family, twins, townhomes)
0
0
1-$203,000
0
Residential misc. additions, repairs, remodels, etc
15-$22,450
8- $26,220
53 - $207,265
53- $284,862
Set fee permits reside, reroof, window replacement, misc. *
66
55
181
130
HRA Building Permits
0
1
5- $200,000
Subtotal Building Permits:
$363,190
$73,220
$1,965,550
$2,343,762
Mechanical
15
13 - $1,920,674
83 - $259,091
71-$1,981,205
Plumbing*
7
5
32
19
Signs*
4
5
22 - $108
29
Total Permits issued and valuation
115 - $363,190
92-$1,993,894
405 - $2,224,749
337 - $4,324,967
* Set fees not included in valuation
Planning. Zoning, and Building Department — Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in May, 2011
Week Of Hutchinson Towers
Lake Glencoe
Brownton
Stewart
5/2 -5/6
178
165
68
148
43
47
5/9 -5113
186
174
59
152
35
65
5/16 -5/20
183
173
79
165
41
55
5/23 -5/27
189
186
68
148
32
50
May-1 1
43
37
17
32
9
11
Total
779
735
291
645
1601
228
Total Meals served in May - 2,838
All sites were closed Monday May 30 (Memorial Day)
Brownton site closed every Monday and Friday
Other Building Inspection Activities: Attended SW Chapter Meeting on May 18, 2011
Planning, Zoning, and Building Dept.
Monthly Report for May, 2011
Page 2
Planning and Zoning Monthly Activities MonthNear: May, 2011
Activity
Number
Additional Info.
Zoning Review of Building Permits
21
Zoning Review of Sign permits
5
Planning /Zoning Applications Provided
3
- Conditional use permit- 851 Dale
St SW - Boys group home
-Amend ordinance - 154.004
Definitions- Sexually Oriented
Business
- -Amend ordinance - 154.167
Variances
Predevelopment Meetings/
1
-- Met with prospective property
Pre - application Assistance
owner regarding a building
remodel proiect.
Planning Commission Applications
1
- Conditional use permit - 1189
Processed
Oakwood Court NW
Joint Planning Applications
0
Reviewed and Processed
Zoning Enforcement
- Site visits regarding signs
- Nuisance property inventory
Misc. Meetings Attended
15
Planning staff, Dept. staff
meetings, Weekly Management
team meetings, Resource
allocation, Public arts, Sr. Dining
Lease /Rent discussion with
Lutheran Social Services, Public
Comprehensive Plan meeting,
meeting with newspaper regarding
banner signs, meeting with
newspaper regarding
comprehensive plan public
meeting.
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, May 17, 2011
Hutchinson City Council Chambers
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: Christie Rock, Chad Czmowski, Dean Kirchoff, Dave Johnston and Chairman Lofdahl.
Absent: Jim Fahey and Chris Kovacic Also present: Dan Jochum, Planning Director, Marc
Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated April 19, 2011
Mr. Johnston moved to approve the consent agenda as submitted. Seconded by Mr. Czmowski,
the consent agenda was approved unanimously
4. PUBLIC HEARINGS
a) CONDITIONAL USE PERMIT TO AMEND THE PLANNED DEVELOPMENT DISTRICT TO
ALLOW CONSTRUCTION OF A HOUSE WITH ZERO SETBACK TO THE FRONT AND REAR
PROPERTY LINES WITH 16" GABLE OVERHANGS INTO COMMONS AREA AND TO BUILD
AN ACCESSIBLE EGRESS STAIR OFF THE DECK INTO THE SIDE SETBACK AT 1189
OAKWOOD COURT N.W.
Chairman Lofdahl opened the hearing at 5:34 p.m. with the reading of publication # 7875 as
published in the Hutchinson Leader on May 4, 2011.
Mr. Jochum explained the property owners are requesting an amendment to the planned
development district to construct a new home in Fairway Estates Second Addition. He explained
the amendment is to allow zero -foot front and rear setbacks, where a 5 -foot setback was
specified on the approved development plans. He noted the gable overhang will encroach into
the association common space. The applicant is also requesting a 4 foot accessible egress stair
off the deck into the 5 foot side setback on the west side of the home. He reported the east side
is proposed to meet the 5 foot setback and the west side will have a 1 foot setback at the deck
stairs. The lots in this development are surrounded by commonly -owned open space, which is
managed by the association. There have been similar amendments approved to allow for
setback reductions in this development. He understands the homeowners association had no
problem with the request.
Dick Lennes, 1175 Oakwood Court N.W., Homeowners Association representative on the
architect design review committee, reported the plan is in compliance with the design review
regulations for the development. He stated the Homeowners Association reviewed the request
at their annual meeting and there were no negative comments. They recommended approval.
Mr. Jochum reported that staff considered the potential impacts to adjacent properties. There is
a large amount of open space on the west side of the subject lot between it and the next home,
thus there doesn't appear to be an issue with reducing the setbacks. He noted the home to the
cc�
Minutes
Planning Commission - May 17, 2011
Page 2
east also has reduced front and rear setbacks to zero feet. There appears to be adequate
drainage occurring and the deck stairs in the setback area do not appear to cause a drainage
impact. He stated staff recommends approval of the request with the following conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. The deck will be built with accessible stairs per City of Hutchinson Building Code.
3. A building permit survey will be required at the time of building permit application to verify
elevations and ensure positive drainage.
Discussion followed on the percentage of impervious coverage in the development. Mr. Jochum
reported it appears to be under 50% coverage.
Mr. Johnston made a motion to close the hearing. Seconded by Ms. Rock, the hearing closed at
5:45 p.m. Ms. Rock made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Kirchoff , the motion carried unanimously. Chairman
Lofdahi stated this item will be placed on the City Council consent agenda at their meeting held
May 24, 2011, in the Council Chambers at 5:30 p.m.
5. NEW BUSINESS
a) CONSIDERATION TO SPLIT LOT 1, BLOCK 1, HAHC ADDITION AT 1555 SHERWOOD
STREET S.E. REQUESTED BY HUTCHINSON SENIOR CARE SERVICES
This item was withdrawn by the applicant.
6. OLD BUSINESS
a) DISCUSSION OF SEXUALLY ORIENTED BUSINESS ORDINANCE REGARDING % OF
BUSINESS DEVOTED TO SEXUALLY ORIENTED MATERIALS
Mr. Jochum explained the City Council directed staff to research the percentages found in the
definition of "sexually oriented businesses" to determine if the percentages should be changed
and if there should be a maximum square footage allowed for these businesses. He commented
on the present ordinance. Staff researched other ordinances and commented on the City of
New Prague ordinance which is similar to our ordinance. New Prague has recently amended
some of their ordinance. Staff will prepare an amendment to the ordinance for the June agenda.
7. COMMUNICATION FROM STAFF
a) UPDATE ON VARIANCE REGULATIONS
Mr. Jochum commented on the amendment to the State statute regarding variances which was
signed into law by the Governor. He explained the term "hardship" has been eliminated and
changed to "practical difficulties ". The term "practical difficulties" was defined. He explained the
new language may be more flexible to grant variances. Atty. Sebora commented on the
impervious surface coverage and variances. Mr. Jochum commented on the use of mitigation
such as rain gardens in the case of impervious surface coverage. Discussion followed on the
DNR having one year to approve the new stonnwater language the City has adopted. We will
amend our variance ordinance next month.
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Minutes
Planning Commission - May 17, 2011
Page 3
b) Mr. Jochum invited the Planning Commissioners to the Comprehensive Plan public meeting on
May 25'", from 5:30 -7:30. He explained there will be a short presentation after which there will
be opportunity for the public to voice opinion.
B. ADJOURNMENT
There being no further business the meeting adjourned at 6:05 P.M.
I ��)