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cp11-14-2017CITY OF HUTCHINSON
MCLEOD COUNTY
HUTCHINSON, MINNESOTA
Hutchinson City Center
111 Hassan Street SE
Hutchinson, MN 55350-2522
Phone320-587-5I51,Fax 320-234-4240
NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP
Tuesday, November 14, 2017
4:00 p.m.
Council Chambers — Hutchinson City Center
Notice is hereby given that the Hutchinson City Council has called a special workshop meeting
for Tuesday, November 14, 2017, at 4:00 p.m. in the Council Chambers at the Hutchinson City
Center, 1 11 Hassan Street SE, Hutchinson, Minnesota for the following purpose:
• Review Enterprise Funds Budgets
Matthewnich, City inistrator
DATED: November 9, 2017
POSTED: City Center
HUTCHINSON CITY COUNCIL
MEETING AGENDA
TUESDAY, NOVEMBER 14, 2017
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards.
Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input
from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda
item)
1. CALL MEETING TO ORDER — 5:30 P.M.
(a) Approve the Council agenda and any agenda additions and/or corrections
2. INVOCATION — Peace Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
(a) Proclamation — Designate November as General Aviation Appreciation Month
(b) Resolution No. 14801 — Resolution Accepting Cash Donations to Hutchinson Fire
Department
(c) Resolution No. 14805 — Resolution Accepting Cash Donation for Hutchinson Area Dog
Park
PUBLIC COMMENTS
(This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou
have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the
record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to
be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or
derogatory attacks on individuals.)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of October 24, 2017
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA I
(a) Consideration for Approval of Assignment and Assumption of Purchase Agreement and
Development Agreement from Titanium Partners, LLC, to HutchCobble, LLC as Part of
the Cobblestone Inn Hotel Project
(b) Consideration for Approval of Consent to Assignment and Agreement and Authorization
for Mayor and City Administrator to Sign Relating to TIF Funding for HutchCobble LLC
(c) Consideration for Approval of Resolution No. 14798 - Resolution in Support of Funding
for US Highway 212: A Corridor of commerce
(d) Consideration for Approval of Improvement Project Work Orders and Supplemental
Agreements
CITY COUNCIL AGENDA NOVEMBER 14, 2017
1. Work Order No. 2 — Letting No. 2, Project No. 17-02 (School Road SW/Roberts Road
SW Improvements)
2. Supplemental Agreement No. 1 —Letting No. 3, Project No. 17-03 (School Road
SW/Roberts Road SW Trail Improvements)
(e) Consideration for Approval of Application by a Governmental Subdivision for
Conveyance of Tax -Forfeited Lands for an Authorized Public Use
(f) Consideration for Aproval of Items for Century Avenue SE Reconstruction (Letting No.
1, Project No. 18-01�
1. Resolution No. 14799 - Resolution Ordering Preparation of Report on Improvement
2. Resolution No. 14800 - Resolution Receiving Report and Calling Hearing on
Improvement
(g) Consideration for Approval of Board/Commission Appointments
1. Reappointment of Steven Hahn to Airport Commission to September 2022
2. Appointment of Mark Hanneman to Bicycle/Pedestrian Advisory Committee to
August 2019
(h) Consideration for Approval of Resolution No. 14802 — Resolution Regarding the Support
of a Job Creation Fund Application on Behalf of UPONOR
(i) Consideration for Approval of Resolution No. 14804 — Resolution Calling for a Public
Hearing to Provide Citizen Input Prior to Submitting a Minnesota Investment Fund Grant
Application
(j) Consideration for Approval of Authorization to Sign Amended and Restated
Development Agreement and Closing Documents with HutchCobble LLC to Complete
the Sale of Land for the Hotel Project
(k) Consideration for Approval of Issuing Short Term Gambling License to Crow River
Cutters from December 1 — 18, 2017, at Landy Lodge
(1) Consideration for Approval of Airport Engineering Work Order
(m)Claims, Appropriations and Contract Payments — Register A
8. APPROVAL OF CONSENT AGENDA II
(a) Claims, Appropriations and Contract Payments — Register B
PUBLIC HEARINGS — 6:00 P.M. - NONE
purpose o t is portion oJ the agenda is to provide the Council with information necessary to craft wise policy.
Ides items like monthly or annual reports and communications from other entities.)
9. DISCUSS PROPOSAL FOR PRESERVATION OF HISTORICAL CITY PLATS
UNFINISHED BUSINESS
2
CITY COUNCIL AGENDA NOVEMBER 14, 2017
NEW BUSINESS
10. APPROVE/DENY APPROVAL OF RESOLUTION NO. 14803 — RESOLUTION FOR
AUTHORIZATION TO APPLY TO MINNESOTA INVESTMENT FUND ON BEHALF
OF UPONOR
11. APPROVE/DENY MINNESOTA DNR LICENSE FOR UTILITY TO CROSS PUBLIC
WATERS
12. APPROVE/DENY DIRECTING STAFF TO DEVELOP A PLAN FOR GATEWAY PARK
13. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR NOVEMBER 28, 2017, AT
4:00 P.M. TO DISCUSS LIBRARY SQUARE SIGNAGE AND FUNDING FOR THE
CENTER FOR THE ARTS
GOVERNANCE
(The purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items)
14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) Library Board Minutes from September 25, 2017
NHSCELLANEOUS
15. STAFF UPDATES
16. COUNCIL/MAYOR UPDATE
ADJOURNMENT
City of
WL
PROCLAMATION
GENERAL AVIATION APPRECIATION MONTH
NOVEMBER 2017
WHEREAS, the City of Hutchinson in the State of Minnesota has a significant interest in
the continued vitality of general aviation, aircraft manufacturing, aviation educational
institutions, aviation organizations and community airports; and
WHEREAS, general aviation and the Hutchinson Municipal Airport (Butler Field) have
an immense economic impact on the City of Hutchinson; and
WHEREAS, Minnesota is home to 135 public -use airports, which serve 11,972 pilots and
5,679 active general aviation aircraft; and
WHEREAS, Minnesota is home to I I I fixed -base operators, 52 repair stations, 83
heliports, 13 FAA -approved pilot schools, 2,033 flight students and 2,627 flight instructors; and
WHEREAS, general aviation in Minnesota contributes over $5.3 billion; and
WHEREAS, general aviation not only supports Minnesota's economy, it improves
overall quality of life by supporting emergency medical and healthcare services, law
enforcement, firefighting and disaster relief, and by transporting business travelers to their
destinations quickly and safely; and
WHEREAS, the nation's aviation infrastructure represents an important public benefit,
and Congressional oversight should be in place of this system to ensure that it remains a public
system and serves communities of all sizes;
NOW THEREFORE, I, Gary Forcier, Mayor of the City of Hutchinson, do hereby
proclaim general aviation a vital strategic resource to the City of Hutchinson and declare
November 2017 as General Aviation Appreciation Month.
Gary T. Forcier, Mayor
Hutchinson, MN
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Resolution 14801 Approving Cash Donations
Department: Finance
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
Recognition of Gifts/Donations
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The Fire Department recently received two donations as follows:
1. $100 donation from Modern Woodmen of America as part of a Hometown Hero program. Please see the following
letter recognizing the Hutchinson Fire Department for its dedication in serving others.
2. $200 donation from Community Shares of Minnesota as part of a 2017 Dollars for Doers - Allina program.
BOARD ACTION REQUESTED:
Approve Resolution No. 14801, accepting the donations.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
October 11, 2017
HUTCHINSON FIRE DEPARTMENT
205 3RD AVENUE SE
HUTCHINSON MN 55350
Dear Hutchinson Fire Department:
--=qw
Modern Woodmen V.
FRATERNAL FINANCIAL
Touching lives. Securing futures.'
Modern Woodmen of America
1701 1st Avenue
Rock Island, IL 61201
Phone: 1-800-447-9811
www.mad ernwoodmen.org
Congratulations on being honored as a Hometown Hero! Your efforts to serve your community have
not gone unnoticed.
In addition to the Hometown Hero recognition, Modern Woodmen of America is honored to send the
enclosed check made payable to Hutchinson FD.
Each year, local Modern Woodmen members recognize the work of individuals like you who are
dedicated to serving others. Thank you for the good that you do!
Sincerely,
Fraternal Operations EM
Encl.
Life Insurance [ Annuities I Investments I Banking Products I Member Benefits
Securities offered through I4 WA financial Services Inc.
019-526727
Charitable Organization: Hutchinson FD
Date: 10-11-2017
Ck Num: 46-01527949
Amt: $100.00
2017 Hometown Hero Award
Chapter 7052
Hometown Hero Voucher
Date: Oct 11, 2017 Ck no: 46-41527949 Amount: $100.00
Modern Woodmen of America
1701 V Avenue • Rock Island, IL 61201 • Phone 1-800-447-9811 • www.modem-woodmen.org
PLEASE DETACH DEFORE DEPOSITING
CITY OF HUTCHINSON
RESOLUTION NO. 14801
RESOLUTION ACCEPTING DONATIONS
WHEREAS, the City of Hutchinson is generally authorized to accept donations of real and
personal property pursuant to Minnesota Statutes Section 465.03 for the benefit of its citizens,
and is specifically authorized to accept gifts and bequests for the benefit of recreational services
pursuant to Minnesota Statutes Section 471.17; and
WHEREAS, the following persons or entities have offered to contribute the cash amount set
forth below to the city:
Name of Donor
Modern Woodmen of America
Community Shares of Minnesota
Amount Donation Date
$100.00 10/11/2017
$200.00 7/26/2017
WHEREAS, such donations have been contributed to the Hutchinson Fire department
for general purposes.
WHEREAS, the City Council finds that it is appropriate to accept the donations offered.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA, AS FOLLOWS:
THAT, the donations described above are hereby accepted by the City of Hutchinson.
Adopted by the City Council this 14th day of November 2017.
ATTESTED:
Matthew Jaunich
City Administrator
APPROVED:
Gary T. Forcier
Mayor
Resolution No. 14805
RESOLUTION ACCEPTING DONATION
WHEREAS, The City of Hutchinson is generally authorized to accept donations
of real and personal property pursuant to Minnesota Statutes Section 465.03 for the benefit
of its citizens and is specifically authorized to accept gifts and bequests for the benefit of
recreational services pursuant to Minnesota Statutes Section 471.17; and,
WHEREAS, the following organization has offered to contribute the cash amount
set forth below to the City of Hutchinson:
Name of Donor Amount
Heart of Minnesota Animal Shelter $11,062.73
WHEREAS, the donation is being made to assist the City in the costs associated
with the construction of Hutchinson Area Dog Park; and
WHEREAS, The City Council hereby finds that it is appropriate to accept the
donation offered and assign use to offset the costs associated with the construction of the
Hutchinson Area Dog Park, and
WHEREAS, the City Council would like to especially thank Amy Solinger and
John Nichols for their work in securing these funds.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF HUTCHINSON, NHNNESOTA:
THAT, the donation described above is hereby accepted by the City of Hutchinson
with the conditions as laid out in the resolution.
Adopted by the City Council this 14th day of November 2017.
Gary T. Forcier, Mayor
Matthew Jaunich, City Administrator
HUTCHINSON CITY COUNCIL
MEETING NHNUTES
TUESDAY, OCTOBER 24, 2017
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards.
Many decisions regarding agenda items are based upon this information as well as: City policy and practices, input
from constituents, and other questions or information that has notyet been presented or discussed regarding an agenda
item)
CALL MEETING TO ORDER — 5:30 P.M.
Mayor Gary Forcier called the meeting to order. Members present were John Lofdahl, Chad
Czmowski, Mary Christensen and Steve Cook. Others present were Matt Jaunich, City
Administrator, Kent Exner, City Engineer and Marc Sebora, City Attorney
(a) Approve the Council agenda and any agenda additions and/or corrections
Motion by Czmowski, second by Christensen, to approve agenda as presented. Motion
carried unanimously.
2. INVOCATION — Peace Lutheran Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
(a) Resolution No. 14797 - Resolution Accepting Donation of Equipment from TDK-
Hutchinson Technology for Wastewater Treatment Facility
Motion by Cook, second by Lofdahl, to approve Resolution No. 14797. Motion carried
unanimously.
(b) Recognition of 3M — Donation to Fire Apparatus/Roadway Safety Project
Chief Mike Schumann presented before the Council. Chief Schumann introduced
representatives from 3M who were instrumental in a donation to the fire department for
chevron striping on fire department equipment. 3M provided all of the materials for the
striping project which saved the fire department several thousand dollars. Mayor Forcier
provided a framed picture of all HFD fire apparatus displaying the new chevron striping
and safety improvements provided to the department.
PUBLIC COMMENTS
(This is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou
have a question, concern or comment, please ask to be recognized by the mayor — state your name and address for the
record. Please keep comments under 5 minutes. Individuals wishing to speak for more than five minutes should ask to
be included on the agenda in advance of the meeting. All comments are appreciated, butplease refrain from personal or
derogatory attacks on individuals.)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of October 10, 2017
(b) Workshop Meeting of October 10, 2017
Motion by Czmowski, second by Christsensen, to approve minutes as presented. Motion
carried unanimously.
CITY COUNCIL MINUTES OCTOBER 24, 2017
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or
a city staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA
(a) Consideration for Approval of Improvement Project Change Orders
1. Change Order No. 3 — Letting No. 6, Project No. 17-06 (Hotel Site Access
Improvements)
2. Change Order No. 4 — Letting No. 6, Project No. 17-06 (Hotel Site Access
Improvements)
3. Change Order No. 4 — Letting No. 4, Project No. 16-04 (Golf Course Road Water
Tower Rehab)
4. Change Order 1 — Letting No. 2, Project No. 17-02 (School Road & Roberts Road
Reconstruction)
(b) Consideration for Approval of Items for City Alley 917 Improvements (Letting No. 15,
Project No. 17-15)
1. Resolution No. 14795 - Resolution Declaring Adequacy of Petition and Ordering
Preparation of Report on Improvement
2. Resolution No. 14796 - Resolution Receiving Report and Calling Hearing on
Improvement
(c) Consideration for Approval of Resolution No. 14793 — Resolution for Certification of
Special Assessments from City of Hutchinson to McLeod County Auditor
(d) Consideration for Approval of Resolution No. 14794 - Resolution Adopting Findings of
Fact and Reasons for Approval of a Conditional Use Permit for Light Manufacturing of
Automotive Aftermarket Parts in an I/C Zoning District Located at 760 Airport Road
with Favorable Planning Commission Recommendation
(e) Claims, Appropriations and Contract Payments
Item 7(b) was pulled for separate discussion.
Motion by Christensen, second by Czmowski, to approve consent agenda with the
exception of Item 7(b). Motion carried unanimously.
Item 7(b) had further discussion. Council Member Cook asked about the costs for this
project. This project seems to be more expensive in nature compared to Alley 952. Kent
Exner noted that this alley is concrete work and has different pieces to the project that
Alley 952 did. Exner noted that for proper drainage an inverted "V" must be built which
can only be done with concrete as opposed to asphalt.
Motion by Cook, second by Lofdahl, to approve Item 7(b). Motion carried unanimously.
PUBLIC HEARINGS — 6:00 P.M.
8. WELLHEAD PROTECTION PLAN PART 2 FOR THE CITY OF HUTCHINSON
John Paulson, Environmental Manager, presented before the Council. Mr. Paulson explained
that the City is in the process of developing a wellhead protection plan amendment for its
drinking water supply wells. Part 2 for this system is required in accordance with Minnesota
Rule and has been distributed to adjacent local government units for their review. This
2
CITY COUNCIL MINUTES OCTOBER 24, 2017
portion of the plan includes information pertaining to the inventory of potential contaminants
of concern within the drinking water supply management area; the data that was considered
in this portion of the plan; issues, problems, and concerns within the drinking water supply
management area; goals, objectives, and action strategies to address the issues and concerns
within the drinking water supply management area; a plan evaluation strategy; and a
contingency strategy in the event of the water system disruption. Mr. Paulson provided an
overview regarding the required changes to Part 2 of the Wellhead Protection Plan.
No public comments were received.
Motion by Cook, second by Christensen, to close public hearing. Motion carried
unanimously.
Mr. Paulson noted that some minor typographical errors have been identified in the plan and
will be corrected before being submitted to the Minnesota Department of Health.
Motion by Lofdahl, second by Cook, to approve Resolution No. 14782 — Resolution
Approving Wellhead Protection Plan (Part II). Motion carried unanimously.
MM"ICATIONS REQUESTS AND PETITIONS
purpose oJ this portion oJ the agenda is to provide the Council with information necessary to craft wise policy.
ides items like monthly or annual reports and communications from other entities.)
UNFINISHED BUSINESS
9. APPROVE/DENY ORDINANCE NO. 17-779 — AN ORDINANCE AUTHORIZING THE
SALE OF MUNICIPALLY -OWNED LAND TO TITANIUM PARTNERS, LLC (SECOND
READING AND ADOPTION)
Marc Sebora, City Attorney, noted that this is the second reading of this ordinance. This
conveyance is related to the hotel development project on Hwy 7/Hwy 15.
Motion by Czmowski, second by Christensen, to approve second reading and adoption of
Ordinance No. 17-779. Motion carried unanimously.
10. APPROVE/DENY ORDINANCE NO. 17-778 —AN ORDINANCE SUSPENDING HOURS OF
LIQUOR SALES ON OCTOBER 29, 2017 (SECOND READING AND ADOPTION)
Matt Jaunich, City Administrator, noted that this is the second reading and adoption of the
ordinance to alter liquor sales from 10:00 a.m. to 8:00 a.m. on October 29, 2017, to
accommodate the Vikings game which is being televised at 8:30 a.m.
Motion by Czmowski, second by Cook, to approve second reading and adoption of
Ordinance No. 17-778. Motion carried unanimously.
NEW BUSINESS
11. APPROVE/DENY BID AWARD FOR FIRE DEPARTMENT SELF CONTAINED
BREATHING APPARATUS
Chief Mike Schumann presented before the Council. Chief Schumann explained that two
bids were received for the SCBA equipment. One bid was received from Scott for a grand
CITY COUNCIL MINUTES OCTOBER 24, 2017
total of $141,992 and one bid was received from MSA for a grand total of $133,956. A
detailed analysis of the bids was conducted by the SCBA committee and the fire department
is recommending the purchase of the MSA brand SCBA per the received bid evaluations.
Motion by Czmowski, second by Lofdahl, to approve bid award to MSA for Hutchinson Fire
Department self contained breathing apparatus. Council Member Cook clarified that the bid
comparisons were analyzed comparatively. Matt Jaunich noted that MSA has been identified
as the lowest responsible bidder. Motion carried unanimously.
12. APPROVE/DENY MNDOT LOCAL ROAD IMPROVEMENT PROGRAM GRANT
APPLICATION
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that staff is
requesting authorization to submit a grant application for up to $1,000,000. If funds are
received from this grant, staff would propose to use it for improvements on South Grade
Road from Dale Street to Hwy 15. These improvements could include trail improvements
and/or intersection corrections. If awarded, this project would most likely be scheduled in
2019. Council Member Cook requested that staff share with the Council the application
contents after submitted.
Motion by Cook, second by Christensen, to approve MnDOT Local Road Improvement
Program Grant Application. Motion carried unanimously.
13. APPROVE/DENY SETTING ENTERPRISE FUNDS BUDGET WORKSHOP FOR
NOVEMBER 14, 2017, AT 4:00 P.M.
Matt Jaunich explained that this workshop will be for the annual review of enterprise funds.
Motion by Czmowski, second by Cook, to set enterprise funds budget workshop for
November 14, 2017, at 4:00 p.m. Motion carried unanimously.
GOVERNANCE
(The purpose of this portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports,
policy development and governance process items)
14. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
�a) Tall Grass/Noxious Weed Monthly Report for September 2017
b) Housing & Redevelopment Authority Board Minutes from September 19, 2017
�c) Planning, Zoning, Building Department Quarterly Report
d) City of Hutchinson Financial Report and Investment Report for September 2017
(e) Planning Commission Minutes from January — September, 2017
Council Member Cook asked about the TIF District being proposed by the HRA. Matt
Jaunich noted that he will speak with the HRA Director and provide more information.
MISCELLANEOUS
15. STAFF UPDATES
.19
CITY COUNCIL MINUTES OCTOBER 24, 2017
Kent Exner — School Road/Roberts Road is completely finished. Parking Lot I is nearing
completion. Hotel access roadway paving base course was put down today and wear course
should go down tomorrow. Century Avenue trail maintenance work is being done adjacent to
Ridgewater College.
Matt Jaunich — The hotel ground breaking is scheduled for Thursday at 1:30 p.m.; City
recognition event is Thursday at 5:30 p.m.; opening of dog park set for November 9; November
10 City Center closed for Veterans' Day
16. COUNCIL/MAYOR UPDATE
Steve Cook — Council Member Cook asked about upcoming board/commission openings
and potential board members. He also asked about the Creekside and Tree Boards and how
they may be dissolved with a new Sustainability Board being created.
Council Member Cook asked about scheduling a workshop to discuss the Library Square
sign proposed. Mr. Jaunich noted that a workshop is being considered for November 28,
2017.
Council Member Cook asked if the Council is in agreement with placing on the next agenda
developing a plan for Gateway Park near Girl Scout Park. This was discussed several years
ago. The Council was in agreement about placing this on the next agenda.
Mary Christensen — Council Member Christensen reminded the Council that the plat maps
in the Council Chambers have been discussed about being preserved. Mr. Jaunich noted
that the City's facility manager is working on proper preservation of the plat maps.
John Lofdahl — Council Member Lofdahl spoke about the City potentially hosting the 2019
Governor's Pheasant Opener. He feels that the City can adequately host this event and it
would be a great opportunity to showcase Hutchinson. Mr. Jaunich noted that this item will
be added as a Council goal/priority in 2018.
Gary Forcier — Mayor Forcier noted that he intends to appoint Mark Hanneman to the
Bicycle/Pedestrian Advisory Committee; He also noted that Steve Schramm, Tiffany Haag,
and Mark Cormier are interested in serving on the Charter Commission and their names will
be submitted to the chief judge for appointment. The Public Arts Commission has one
opening and is still seeking board members. Mayor Forcier also noted that an anchor has
been installed at Veterans' Memorial Park and will be dedicated next year.
ADJOURNMENT
Motion by Cook, second by Lofdahl, to adjourn at 7:00 p.m. Motion carried unanimously.
5
HUTCHINSON CITY COUNCIL cityU/
Request~ for Board Action
Agenda Item: AUTHORIZATION TO SIGN ASSIGNMENT AND ASSUMPTION OF PURCHAP�
Department: EDA LICENSE SECTION Meeting Date: 11/14/2017
Contact: Miles R. Seppelt Application Complete NIA Agenda Item Type:
Presenter: Miles R. Seppelt Reviewed by Staff F-1 Consent Agenda
Time Requested (Minutes): p License Contingency NIA Attachments: Yes
BACKGROUND/EXPtA NA TION OF AGENDA ITEM:
The developer of the Cobblestone Inn hotel project, Titanium Partners LLC, has established a new legal entity that will
own and operate the hotel. The new entity is called Hutchcobble LLC.
Included in the Council packet are two documents assigning the existing Purchase Agreement and Development
Agreement to the new legal entity and indicating the City's acceptance of that assignment.
All subsequent legal agreements for the Cobblestone Inn Hotel project will be with Hutchcobble LLC.
If you have any questions or need additional information, please give me a call anytime at 234 -4223 -
BOARD ACTION REQUESTED:
Approve Assignment and Assumption of Purchase and Development agreements from Titanium Partners, LLC to
Hutchcobble, LLC as part of the Cobblestone Inn Hotel project.
Fiscal Impact: $ C.qp
FTE Impact: 0,00
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost:
Remaining Cost:
Funding Source: NIA
Budget Change: No
Funding Source
S000 Funding Source:
ASSIGNMENT AND ASSUMPTION OF
PURCHASE AGREEMENT
This Assignment and Assumption of Purchase Agreement ("Assignment") is entered into
effective as of 92017 by and between Titanium Partners, LLC, a Minnesota limited
liability company ("Assignor") and Hutchcobble, LLC, a Minnesota limited liability company
("Assignee"}.
RECITALS
A. Assignor, as Buyer, and the City of Hutchinson, a public body corporate and
politic ("City"), as Seller, entered into a Purchase Agreement (the "Purchase Agreement")
dated 2017 relating to certain real property consisting of approximately 2.85 acres
located a�Avenue NE in the City of Hutchinson, County of McLeod, Minnesota, described
as follows:
Lot 1, Block I Prochnow Addition
(the "Property")
B. Pursuant to the Purchase Agreement, Assignor made a deposit of $1,000 (the
"Earnest Money').
C. Assignor desires to assign and Assignee desires to accept and assume the rights
and obligations of Assignor as the `Buyer" under the Purchase Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and intending to be legally bound, Assignor and Assignee agree
as follows:
1. Assignor assigns to Assignee Assignor's entire right, title and interest in, to and
under the Purchase Agreement, the Property and the Earnest Money.
2. Assignee accepts the foregoing assignment and agrees to be bound by the terms
and conditions of the Purchase Agreement and to assume and perform the duties, obligations and
liabilities of Assignor under the Purchase Agreement.
3. In addition, for the purpose of inducing City to approve this Assignment,
Assignee represents and warrants, as to itself, as of the date of this Assignment and as of the
Closing Date (as that term is used and defined in the Purchase Agreement) as follows:
(a) Authority and Capacity. Assignee has full power, authority and capacity
to enter into and perform this Assignment in accordance with its terms.
(b) Environmental Condition. Assignee acknowledges receipt of Phase 1 and
Phase II environmental investigations, detailing the environmental condition of the
Rlsere/brianforcialDeskt�1i6a7557-Assignment and Assumption ofP.doc
Property. Assignee further acknowledges receipt of the Response Action Plan for the
Property.
ASSIGNOR
Titanium Partners, LLC
By:
Name: Brian D. Fortier
Title: Chief Manager
KVINT"04,11 3",
Hutchcobblc, LLC
By:'�� Z' -
Name: Brian D. Forcier
Title: Manager
City of Hutchinson (i) approves the assignment and assumption set forth above, (ii) agrees to
accept the performance of the duties, obligations and liabilities of Assignor under the Purchase
Agreement from Assignee, and (iii) releases Assignor from its duties, obligations and liabilities
under the Purchase Agreement.
SELLER
CITY OF HUTCHINSON
By:
Its:
me
By:
Its:
2
ASSIGNMENT AND ASSUMPTION OF
DEVELOPMENT AGREEMENT
This Assignment and Assumption of Development Agreement ("Assignment") is entered
into effective as of , 2017 by and between Titanium Partners, LLC, a Minnesota
limited liability company ("Assignor") and Hutchcobble, LLC, a Minnesota limited liability
company ("Assignee").
RECITALS
A. Assignor and the City of Hutchinson, a public body corporate and politic
("City") entered into a Development Agreement (the "Development Agreement") dated
2017 relating to certain real property consisting of approximately 2.86 acres located at.
4 4 Avenue NE in the City of Hutchinson, County of McLeod, Minnesota, described as follows:
Lot 1, Block 1 Prochnow Addition
(the "Property").
B. Assignor desires to assign and Assignee desires to accept and assume the rights
and obligations of Assignor as the "Developer" under the Development Agreement.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged, and intending to be legally bound, Assignor and Assignee agree
as follows:
1. Assignor assigns to Assignee Assignor's entire right, title and interest in, to and
under the Development Agreement.
2. Assignee accepts the foregoing assignment and agrees to be bound by the terms
and conditions of the Development Agreement and assume and perform the duties, obligations
and liabilities of Assignor under the Development Agreement.
3. In addition, for the purpose of inducing City to approve this Assignment,
Assignee represents and warrants, as to itself, as of the date of this Assignment and as of the
Closing Date (as that term is used and defined in the Development Agreement) as follows:
(a) Assignee is a limited liability company organized and validly existing under the
laws of the State of Minnesota.
(b) Assignee has duly authorized the execution of this Assignment and the
performance of its obligations hereunder and under the Development Agreement, and neither the
execution and delivery of this Assignment, the consummation of the transactions contemplated
by this Assignment or the Development Agreement, nor the fulfillment of or compliance with the
terms and conditions of this Assignment or the Development Agreement, is prevented, limited by
or conflicts with or results in a breach of, any indebtedness, agreement or instrument of whatever
IUserslhrianForcierll7esktpp11607644-Ansignmentand Assumption of D[l].dot
nature to which Assignee is now a party or by which it is bound, or constitutes a default under
any of the foregoing.
(c) There are no pending or threatened legal proceedings of which Assignee has
knowledge that seek to restrain or enjoin the transactions contemplated by this Agreement or
which question the authority of Assignee to execute and deliver this Assignment or the validity
of this Assignment.
(d) The estimated value of the Development (as that term is defined on the
Development Agreement) is $3.2 million.
(e) To the best of Assignee's knowledge and belief, the execution and delivery of this
Assignment will not create a conflict of interest prohibited by Minnesota Statutes,
Section 469.409, as amended.
(f) Assignee has obtained funding in an amount sufficient, to enable Assignee to
successfully complete the construction of the Development.
(g) Within two years of completion of the Development, Assignee or the successor
owner of the Property will have created a minimum of 11.5 full-time equivalent jobs at the
Development.
RVIN U40ral 1.17
Titanium Partners, LLC
By: � Z
Name: Brian D. Forcier
Title: Chief Manager
ASSIGNEE
Hutchcobble, LLC
By:4e;�L
Name: Brian D. Forcier
Title: Manager
City of Hutchinson (i) approves the assignment and assumption set forth above, (ii) agrees to
accept the performance of the duties, obligations and liabilities of Assignor under the
2
Development Agreement from Assignee, and (iii) releases Assignor from its duties, obligations
and liabilities under the Development Agreement.
SELLER
CITY OF HUTCHINSON
By:
Its:
-and-
By:
Its:
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: CONSIDERATION OF CONSENT TO ASSIGNMENT AND AGREEMENT AND g
Department: EDA
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: Miles R. Seppelt
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The developer of the Hwy 7/15 hotel project (HutchCobble, LLC) and the bank providing primary financing on the
project (Citizens Bank & Trust of Hutchinson) are requesting that all payments of tax increment generated by TIF
District 4-19 (the Hotel TIF District) be paid directly to the bank to provide additional security for the loan from Citizens
Bank.
The City Attorney has reviewed the document and is satisfied that city's interests are protected.
Included in the City Council packet is the "Consent to Assignment and Agreement" for your review.
If you have any questions or need additional information, please give me a call anytime at 234-4223.
BOARD ACTION REQUESTED:
Approval of motion to approve Consent to Assignment and Agreement and authorization for Mayor and City
Administrator to sign.
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
CONSENT TO ASSIGNMENT AND AGREEMENT
THIS CONSENT AGREEMENT (this "Agreement") is made as of , 2017 by
and among the CITY OF HUTCHINSON, a municipal corporation and political subdivision of the State
of Minnesota (the "Ct "), HUTCHCOBBLE LLC, a Minnesota limited liability company (the
"Borrower") and CITIZENS BANK & TRUST CO., HUTCHINSON, MINN, a Minnesota banking
corporation (the "Lender").
RECITALS:
A. The Borrower and Lender are parties to that certain Construction Loan Agreement dated
on or about the date herewith (the "Loan Agreement"), pursuant to which the Lender has agreed to extend
four loans to the Borrower: one loan in the total maximum amount of up to $412,000 ("Term Loan Al"),
one loan in the total maximum amount of up to $2,367,500 ("Term Loan AT'), one loan in the total
maximum amount of up to $1,667,700 ("Term Loan B"), and one loan in the total maximum amount of
up to $937,000 ("Term Loan C", together with Term Loan Al, Term Loan A2 and Term Loan B, the
"Loans", and each, a "Loan"). Capitalized terms used, but not defined, herein shall have the meaning
given to such terms in the Loan Agreement.
B. Term Loan Al and Term Loan A2 are secured by, among other things, the First
Mortgage and the Security Agreement. Term Loan B is secured by, among other things, the Second
Mortgage. Term Loan C is secured by, among other things, the Assignment of Plans. The Loans are also
secured by certain UCC Financing Statements and certain other Loan Documents executed and delivered
to the Lender in connection with the Loan Agreement. Pursuant to the Loan Documents, Borrower has
pledged all of its right, title and interest in and to the Project Agreements (defined below) to the Lender.
C. It is a condition precedent to Lender's agreement to make the Loans that the City consent
to the security interest and assignments contemplated by the Loan Documents and otherwise agree with
the Lender as set forth herein.
NOW, THEREFORE, the City, the Borrower and the Lender agree as follows:
1. Defined Terms. As used in this Agreement, the following terms shall have the following
respective meanings:
"Development Agreement" means that certain [First] Amended and Restated
Development Agreement by and between the Borrower and City dated 2017, as
amended from time to time.
Note.
"Project Agreements" means, collectively, the Development Agreement and the TIF
"TIF Plan" shall have the meaning given such term in the Development Agreement.
"TIF Note" means that certain Limited Tax Increment Revenue Note of 2017 (Tax
Increment Financing District No. 4-19) dated as of , 2017 and payable by City in the
original principal amount of $
2. Consent. The City hereby consents to the assignment of, and granting of a security
interest in, the Project Agreements to the Lender pursuant to the Loan Documents. The City agrees it will
103843140
not enter into any amendment, termination or modification of, or unilaterally amend, modify or terminate,
the Project Agreements without the prior written consent of Lender.
3. Payments on TIF Note. The Borrower hereby directs the City to pay, and the City hereby
agrees to make, all payments due and owing to the Borrower under the TIF Note to the following deposit
account maintained at the Lender:
Citizens Bank & Trust Co., Hutchinson, Minn
Account No:
ABA No.:
Account Name:
Reference: [TIF Note Payments]
4. Borrower Default. If Borrower defaults under the terms of any Project Agreement, notice
of such default shall be given to Lender by the City and thereafter Lender shall have 90 days to cure such
default, but Lender will not have any duty or obligation to cure such default. Notice shall be given to
Lender in writing at:
Citizens Bank & Trust Co., Hutchinson, Minn
102 Main Street South
P.O. Box 339
Hutchinson, MN 55350
Attention: Anthony Hanson
Fax: 320.587.5738
5. Project Documents. The City, with the understanding that Lender will rely upon the
statements and representations made by the City herein in providing the Loans, hereby certifies,
represents, warrants and confirms to the Lender, its successors and assigns, that, as of the date hereof:
(a) The TIF Note was issued pursuant to the Development Agreement.
(b) No default or Event of Default (as defined in the Development Agreement),
however denominated, has occurred and is continuing under the terms of any of the Project Agreements,
and to the best of the City's knowledge, no other circumstance or event exists or has occurred that could
result in the termination of any of the Project Agreements.
(c) To the knowledge of the City, the Borrower has complied with all of the terms
and conditions of the Development Agreement.
(d) The TIF Plan was adopted by the duly elected City Council of the City on
September 26, 2017.
6. Governing Law. This Agreement shall be governed by and construed and interpreted in
accordance with the laws of the State of Minnesota.
7. Counterparts: Digital Copies. This Agreement may be executed in several counterparts as
deemed necessary or convenient, each of which, when so executed, shall be deemed an original, provided
that all such counterparts shall be regarded as one and the same document, and any party to this
W
103843140
Agreement may execute any such agreement by executing a counterpart of such agreement. A facsimile
or digital copy (pdf) of this signed Agreement shall be deemed to be an original thereof.
8. Obligations of City. Lender hereby acknowledges that the TIF Note is a special, limited
revenue obligation and not a general obligation of the City and is payable by the City only from the
sources and subject to the qualifications stated or referenced therein. Neither the full faith and credit nor
the taxing powers of the City are pledged to the payment of the principal of or interest on the TIF Note
and no property or other assets of the City, except the Available Tax Increments (as defined in the TIF
Note) is or will be a source of payment of the City's obligations under the TIF Note.
[Remainder of page intentionally blank]
103843140
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date
and year first above written.
CITY OF HUTCHINSON
By:
Name:
Title: Mayor
By:
Name:
Title: City Administrator
HUTCHCOBBLE LLC
By:
Name:
Title:
CITIZENS BANK & TRUST CO.,
HUTCHINSON, MINN
By:
Name:
Title:
103843140
RESOLUTION NO. 14798
RESOLUTION IN SUPPORT OF FUNDING FOR
US HIGHWAY 212: A CORRIDOR OF COMMERCE
WHEREAS, Highway 212 serves a critical role in connecting the Greater Minnesota to Twin Cities markets
in the Metropolitan Area and has been designated an Interregional Corridor, while also being placed on
the National Highway System;
WHEREAS, the City of Hutchinson has been assigned an Interregional Corridor by the Minnesota
Department of Transportation (MnDOT) consisting of State Highway 22 to Highway 212;
WHEREAS, the City of Hutchinson is a regional population center currently not provided direct access to
a four -lane highway system;
WHEREAS, the City of Hutchinson has significant transportation needs relative to commercial, industrial,
agricultural, commuter and recreational traffic;
WHEREAS US Highway 212 is heavily used by freight traffic with 1,850 heavy trucks in the corridor daily
and freight traffic in Southwest Minnesota will potentially grow by 200 percent by 2030, increasing truck
traffic on Highway 212 dramatically;
WHEREAS The Corridors of Commerce program was created to accelerate improvements to corridors
that are not being addressed through the regular program, including projects that span multiple MnDOT
districts, and the legislature specifically identified US Highway 212 as a Corridor of Commerce in
legislation passed in 2017;
WHEREAS Traffic volumes in year 2030 are forecast to increase to between 21,000 and 28,000 vehicles
per day or two to three times the existing traffic volumes, exceeding the capacity of the existing two-
lane facility;
WHEREAS An Environmental Assessment has been approved for the 4.6 mile 2 -lane gap between
Cologne and Carver and the project is ready for construction upon securing right-of-way and final
design;
WHEREAS forty-one communities and local chambers of commerce have passed resolutions supporting
improvements to Highway 212 to expand the capacity of this highway and the Board of Commissioners
of every county along the corridor has passed such a resolution;
WHEREAS the current highway poses serious safety problems as it switches from a four -lane facility
west of Chaska to a two-lane highway, then switches back to a four -lane highway around Cologne and
back to a two-lane highway from Cologne to Norwood Young America and would be much safer and
much better able to handle present and projected traffic flows if it were a continuous four -lane highway
through this area;
WHEREAS Congress and the State of Minnesota have recognized the need to expand this critical trade
link to the Twin Cities Metropolitan Area and have previously provided funding through the ISTEA
Resolution No. 14798 - Page 1
Transportation Authorization bill, TEA -21 Authorization bill, the 2002 Transportation Appropriations bill,
the 2003 Transportation Appropriations bill, the 2004 Transportation Appropriations bill and SAFETEA-
LU;
WHEREAS Multi -modal connections to or near Highway 212 include: freight rail lines, intermodal
terminals, park-and-ride lots, transit service, state trails and airports.
NOW, THEREFORE, BE IT RESOLVED that the City of Hutchinson strongly supports the inclusion of
funding from the Corridors of Commerce program to support the $110 million of needed improvements
that will complete the highway to a continuous four -lane highway to Norwood Young America and that
any maps or lists of Corridors of Commerce highways include US Highway 212.
Adopted by the Hutchinson City Council this 14th day of November, 2017.
Gary Forcier, Mayor
Attest:
Matthew Jaunich, City Administrator
Resolution No. 14798 - Page 2
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Approval of Imp Project Change Orders/Work Orders/Supplemental Agreements
Department: PW/Eng
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
As construction has proceeded on the below listed projects there has been additional work, project scope revisions,
and/or construction completion date changes. The items specified below have been identified and deemed necessary
to satisfactorily complete the projects per the intent of the original construction contract. The following Change Orders
and/or Work Orders are proposed as noted:
- Work Order No. 2 — Letting No. 2/Project No. 17-02 — School Road & Roberts Road Reconstruction
This Changer Order addresses miscellaneous extra work items including lowering of storm sewer manholes, remove
extra thich bituminous, casting for catch basin manhole, sawing for added catch basin, fix/repair existing storm sewer
lead offset pipe, common excavation, pilot light project and relocation of 2 trees. This work results in a total increase
in the Contract in the amount of $33,772.64. This work does not affect the Interim Completion Date or Final
Completion Date.
- Supplemental Agreement No. 1 - Letting No. 3/Project 17-03 - School Rd SW & Roberts Rd SW Trail
This Supplemental Agreement addresses the extension of the Final Completion Date from September 29, 2017 to
October 16, 2017 due to weather and utility installations. This extension does not affect the total Contract amount.
BOARD ACTION REQUESTED:
Approval of Change Orders & Work Order
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
STATE AID FOR LOCAL TRANSPORTATION
WORK ORDER FOR MINOR EXTRA WORK
City/lBvw 4rof City of Hutchinson
Work Order No. 2
Page 1 of 1
FEDERAL PROJECT NO.
STATE PROJECT NO.
LOCAL PROJECT NO.
CONTRACT NO.
NA
SAP 133-117-014 & SAP 133-116-003
L2P17-02
L2P17-02
CONTRACTOR NAME AND ADDRESS
LOCATION OF WORK
R & R Excavating
School Rd SW & Roberts Rd SW
1149 Hwy 22 South
TOTAL WORK ORDER AMOUNT
Hutchinson, MN 55350
$33,772.64
In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions.
This Work Order addresses miscellaneous extra work items as follows:
1. Lower 3 storm sewer manholes on Roberts East.
2. Remove extra thick bituminous on Phase 3 Roberts Rd.
3. Casting for new catch basin manhole on School Rd in townhome driveway.
4. Sawing for added catch basin on Phase 3 Roberts & Lakeview N E quadrant that was omitted from plan.
5. Fix/Repair existing storm sewer lead offset pipe at Roberts/Lakeview Lane SE quadrant.
6. Common Excavation plus CL5 for Roberts Phase 3
7. Pilot Light Project - 2 - 30' poles and lights.
8. Relocate 2 trees at 1401 Roberts Rd due to stakes being moved.
This Work Order does not affect the Interim Completion Date or Final Completion Date. This Work Order results in an increase of $33,772.64 to the contract amount.
COST BREAKDOWN
Item No.
IItem
Item No.
JUnit
IUnit Price
lQuantity
lAmount
Funding Category No. 001
2506.503
RECONSTRUCT STORM MANHOLE
152
EACH
$750.00
2
$1,500.00
2506.602
ADJUST DRAINAGE STRUCTURE
153
EACH
$500.00
1
$500.00
2104.507
REMOVE BITUMINOUS RUBBLE
154
CU YD
$29.75
12
$357.00
2506.602
CASTING ASSEMBLY SPECIAL
155
EACH
$260.00
1
$260.00
2506.602
MODIFY DRAINAGE STRUCTURE
156
EACH
$240.00
1
$240.00
2503.601
MAINTENANCE OF STORM SEWERS
157
LUMP SUM
$1,200.00
1
$1,200.00
2105.607
EXCAVATED MATERIAL
158
CU YD
$13.55
646
$8,753.30
2105.541
STABILIZING AGGREGATE
159
CU YD
$27.29
646
$17,629.34
2545.602
INSTALL LIGHTING UNIT
160
EACH
$1,265.00
2
$2,530.00
2104.602
RELOCATE TREE
161
EACH
$250.00
2
$500.00
3882.100
CONTRACTOR 10% ALLOWANCE (APPLIED TO ITEMS 160 & 161 ONLY)
162
LUMP SUM
$303.00
1
$303.00
Funding Category No. 001 Total:
$33,772.64
Work Order No. 2 Total:
$33,772.64
' Funding category is required for tederal projects.
\pproved By Project Engineer: Kent Exner Approved By Contractor: R & R Excavating
approved by the Hutchinson City Council on 11/14/2017.
Signed Signed
Date: 11/14/2017 Phone: (320) 234-4212 Date: Phone: (320) 587-5918
Original to Project Engineer; Copy to Contractor
Once contract has been fully executed, forward a copy to DSAE for funding review:
The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING PURPOSES ONLY. Reviewed for
compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee funds will be available.
This project is eligible for: Federal Funding State Aid Funding Local funds
District State Aid Engineer: Date:
Orig. Contract $2,049,044.52 Prev. COMVO $57,095.55/This CO/WO $33,772.64 Revised Contract Amount $2,139,912.71
STATE AID FOR LOCAL TRANSPORTATION
SUPPLEMENTAL AGREEMENT
City/County of City of Hutchinson
Supplemental Agreement No. 1
Page 1 of 1
FEDERAL PROJECT NO.
STATE PROJECT NO.
LOCAL PROJECT NO.
CONTRACT NO.
SAP 133-090-004
L3P17-03
L3P17-03
CONTRACTOR NAME AND ADDRESS
LOCATION OF WORK
Knife River Corporation
School rd SW & Roberts Rd SW - Trail
4787 Shadow Wood Dr
TOTAL SUPPLEMENTAL AGREEMENT AMOUNT
Sauk Rapids, MN 56379
$0.00
This Contract is between the Local Government Entity and Contractor as follows:
WHEREAS: THE FINAL COMPLETION DATE SHALL BE ADJUSTED FROM SEPTEMBER 29, 2017 TO OCTOBER 16, 2017
DUE TO WEATHER AND UTILITY INSTALLATIONS.
NOW, THEREFORE, IT IS HEREBY MUTUALLY AGREED AND UNDERSTOOD THAT:
THE FINAL COMPLETION DATE IS HEREBY ADJUSTED FROM SEPTEMBER 29, 2017 TO OCTOBER 16, 2017.
COST BREAKDOWN
There are no items associated with this Supplemental Agreement.
* Funding category is required for federal projects.
Approved By Project Engineer: Kent Exner Approved By Contractor: Knife River Corporation
Signed Signed
Date: 11/14/2017 Phone: (320) 234-4212 Date: Phone: (320) 258-2943
Original to Project Engineer; Copy to Contractor
Once contract has been fully executed, forward a copy to DSAE for funding review:
The State of Minnesota is not a participant in this contract; signing by the District State Aid Engineer is for FUNDING
PURPOSES ONLY. Reviewed for compliance with State and Federal Aid Rules/Policy. Eligibility does not guarantee
funds will be available.
This project is eligible for: Federal Funding State Aid Funding Local funds
District State Aid Engineer: Date:
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Conveyance of Tax-Forfeited Lands for an Authorized Public Use
Department: PW/Eng
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff was fairly recently informed of a stormwater pond (Fairway Estates Subdivision - Heritage Ave NW area)
property being included on McLeod County's tax-forfeiture list. Since this parcel is already encompassed by a City
drainage and utility easement, City staff has determined that it would be in the City's best interest to obtain this
property for a public use to avoid any potential property owner conflicts or adverse situations. Thus, McLeod County
staff has directed the City to administer the attached application.
BOARD ACTION REQUESTED:
Approval of Application
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
25-117-30-12-0380 23.428.0590 f�
1402 HERITAGE AVE NW 7AL
N6GIS ou rRv
11,446
K"C
Print Date: November 1, 2017
Application by a Governmental Subdivision for Conveyance of
Tax -Forfeited Lands for an Authorized Public Use
(Minnesota Statutes, Section 282.01, Subdivision la through le)
In McLeod County
Name of governmental subdivision (applicant):
Mailing address of applicant: 1 1 1 Hassan ST SE
City of Hutchinson
Hutchinson, MN 55350
Date requested property was forfeited to the State:
,�F'7L�1:WITO
(month) (day) (year)
Legal description of property (include the name of the city/town in which the property is located):
Parcel #23.428.0590
Outlot D (Pond)
Fairway Estates 2nd Addition
Describe the intended public use to be made of the property (be specific, including statute or special law
references, if relevant):
This property has an existing storm water pond. City intends to continue use for storm water
treatment.
State the need for the property (be specific, e.g., why this property instead of some other property?):
Continued use and maintenance of existing storm water pond.
A Wetland Certification Form Must Be Attached To This Application
STATE OF MINNESOTA )
) SS.
COUNTY OF MCLEOD )
I, Matthew Jaunich being first duly sworn, deposes and says that
he/she is the authorized representative of the applicant named herein, that he/she has read said application
and knows the contents thereof, and that the matters stated therein are true and correct.
Name
Matthew Jaunich
Title City Administrator, City of Hutchinson
Subscribed and sworn to before me this
14th day of November _'20 17
Notary Public, McLeod
Minn. My Commission expires
01/31/2021
County,
STAMP
RECOMMENDATION OF COUNTY BOARD UPON APPLICATION
The County Board of McLeod County, Minnesota, has reviewed the application of (applicant name)
dated , 20 , for the Conveyance for
an authorized public use of certain tax -forfeited land described therein. The county board recommends that
this application be: rejected granted
County Board Chair Date
CERTIFICATION OF COUNTY AUDITOR OR LAND COMMISSIONER
I, Cindy Schultz Ford, have taken the necessary steps required by Minnesota Statutes to prepare the herein
described tax -forfeited land for conveyance for an authorized public use.
Signature of County Auditor
OFFICE OF THE COMMISSIONER OF REVENUE
St. Paul, Minnesota,
Upon due consideration of this application, it is ordered that it is hereby: rejected
Commissioner of Revenue
an
Date
20
granted
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Items for Century Avenue SE Reconstruction Project (L1/P18-01)
Department: PW/Eng
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
City staff requests that the City Council approve the appropriate Resolutions to set a Public Hearing for the above
referenced project letting at their December 12th meeting. Please note that City staff will be administering a Project
Open House meeting (Tuesday, November 21st) to discuss project related information with adjacent property owners
prior to this future hearing.
BOARD ACTION REQUESTED:
Approval of Resolutions
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 2,248,000.00
Total City Cost: $ 1,798,000.00 Funding Source: Bonding, Federal Aid, Water, WW, SW Funds
Remaining Cost: $ 450,000.00 Funding Source: Special Improvement Assessments
RESOLUTION NO. 14799
RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT
LETTING NO. 1/PROJECT NO. 18-01
WHEREAS, it is proposed to improve:
Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE;
roadway reconstruction by construction of grading, curb and gutter, draintile installation,
bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street
lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
THAT, the proposed improvement, called Letting No. 1 /Project No. 18-01, be referred to the Engineer for study
and that that person is instructed to report to the Council with all convenient speed advising the Council in a
preliminary way as to whether the proposed improvement is necessary, cost-effective, and feasible; whether it
should best be made as proposed or in connection with some other improvement; the estimated cost of the
improvement as recommended; and a description of the methodology used to calculate individual
assessments for affected parcels.
Adopted by the Council this 14trh day of November 2017.
Mayor: Gary Forcier
City Administrator: Matthew Jaunich
HUTCHINSON PUBLIC WORKS/ENGINEERING DEPARTMENT
Hutchinson City Center/111 Hassan St SE/Hutchinson MN 55350-2522/320-234-4209/FAX 320-234-4240
ENGINEERING REPORT & FEASIBILITY STUDY
TO: Mayor & City Council
FROM: Kent Exner, DPW/City Engineer
DATE: November 14, 2017
SUBJECT: Letting No. 1/Project No. 18-01
I have studied the following proposed improvements and find that the proposed project is feasible and recommend it
be constructed:
L1/P18-01 Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway
reconstruction by construction of grading, curb and gutter, draintile installation, bituminous/concrete
surfacing, storm sewer, water distribution, sanitary sewer, street lighting, traffic signals, trail, sidewalk,
landscaping, restoration and appurtenances.
ESTIMATED COST
TOTAL
Construction Cost
$1,800,000
Engineering
$270,000
Administration
$108,000
Engineering Services - Geotechnical
$40,000
Street Lighting Materials
$30,000
ESTIMATED TOTAL
$2,248,000
ESTIMATED FUNDING
TOTAL
Assessable Costs
$450,000
Federal Aid
$1,000,000
State Aid
$0
City - Bonding
$608,000
Cit -Water Funds
$120,000
City -Wastewater Funds
$20,000
Ci - Stormwater Funds
$50,000
ESTIMATED TOTAL
$2,248,000
RESOLUTION NO. 14800
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
LETTING NO. 1/PROJECT NO. 18-01
WHEREAS, pursuant to a resolution of the Council adopted November 14th, 2017, a report has been
prepared by Kent Exner, Public Works Director/City Engineer with reference to the following proposed
improvements:
Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE;
roadway reconstruction by construction of grading, curb and gutter, draintile installation,
bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street
lighting, traffic signals, trail, sidewalk, landscaping, restoration and appurtenances; and
said report was received by the Council on August 22nd, 2017.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. The Council will consider the improvement in accordance with the report at an estimated total cost
of the improvement of $2,248,000.00.
2. A public hearing shall be held on such proposed improvements on the 12th day of December,
2017, in the Council Chambers of the Hutchinson City Center at 6:00 PM and the Clerk shall give mailed and
published notice of such hearing and improvements as required by law.
Adopted by the Hutchinson City Council this 14th day of November 2017.
Mayor: Gary Forcier
City Administrator: Matthew Jaunich
PUBLICATION NO. 8259
NOTICE OF HEARING ON IMPROVEMENT
L1 P18-01
(LETTING NO. 1/PROJECT NO. 18-01)
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota, will meet in the Council Chambers of the
Hutchinson City Center, 111 Hassan Street SE, Hutchinson, MN, at 6:00 pm on the 12th day of December,
2017, to consider the making of an improvement of Letting No. 1 /Project No. 18-01, an improvement of:
Century Avenue SE Reconstruction: State Trunk Highway 15 to Jefferson Street SE; roadway
reconstruction by construction of grading, curb and gutter, draintile installation,
bituminous/concrete surfacing, storm sewer, water distribution, sanitary sewer, street lighting,
traffic signals, trail, sidewalk, landscaping, restoration and appurtenances.
pursuant to Minnesota Statutes, Sections 429.011 to 429.111.
The estimated City cost of said improvement is $798,000.00, Federal Aid Funding in the amount of
$1,000,000.00, and an Assessable cost of $450,000.00 for the total estimated cost of $2,248,000.00 A
reasonable estimate of the impact of the assessment will be available at the hearing. Such persons as desire
to be heard with reference to the proposed improvement will be heard at this meeting.
Dated: 11/14/2017
Matthew Jaunich, City Administrator
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HEARING, WHETHER YOU ARE FOR OR
AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE BETTER INFORMED OF A TRUE
REPRESENTATION OF OPINION.
PUBLISHED IN THE HUTCHINSON LEADER ON WEDNESDAY, NOVEMBER 29TH 2017 AND
WEDNESDAY, DECEMBER 6TH, 2017.
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: CITY COUNCIL SUPPORT FOR APPLICATION TO JOB CREATION FUND
Department: EDA
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: Miles R. Seppelt
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Staff is requesting that the City Council consider adoption of a resolution of support to apply to the Minnesota
Department of Employment & Economic Development for business assistance funding through the Job Creation Fund
Fund (JCF) program on behalf of UPONOR.
This funding would be used to encourage and assist UPONOR with establishing business operations in the City of
Hutchinson, leading to significant job creation.
If you have any questions or need additional information, please give me a call anytime at 234-4223.
BOARD ACTION REQUESTED:
Approval of Attached resolution.
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION # 14802
RESOLUTION REGARDING THE SUPPORT OF A
JOB CREATION FUND APPLICATION ON BEHALF OF UPONOR
WHEREAS, the City of Hutchinson, Minnesota (the "City"), desires to assist UPONOR, a
Corporation, which is proposing to establish and expand operations in the City; and,
WHEREAS, the City of Hutchinson understands that UPONOR, through and with the support of
the City, intends to submit to the Minnesota Department of Employment and Economic
Development an application for an award and/or rebate from the Job Creation Fund Program;
and,
WHEREAS, the City of Hutchinson held a city council meeting on November 14, 2017, to consider
this matter.
NOW, THEREFORE, BE IT RESOLVED that, after due consideration, the Mayor and City
Administrator of the City of Hutchinson, Minnesota, hereby express their approval of the project
proposed by UPONOR and its application for an award and/or rebate from the Job Creation Fund
Program.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson
on November 14, 2017.
Mayor, Gary Forcier
ATTEST:
City Administrator, Matt Jaunich
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL OW
Department: EDA
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: Miles R. Seppelt
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
To encourage and assist UPONOR with establishing business operations in the City of Hutchinson it is being
proposed that application be made to the Minnesota Department of Employment & Economic Development for
funding from the Minnesota Investment Fund.
Before applying, it is required that a public hearing be held on the project.
Staff is requesting that a public hearing be held on Tuesday, November 28th, 2017 so that the competed MIF
application can be submitted to DEED on or about November 30, 2017.
If you have any questions or need additional information, please give me a call anytime at 234-4223.
BOARD ACTION REQUESTED:
Approval of Attached resolution.
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 14804
A RESOLUTION CALLING FOR A PUBLIC HEARING
TO PROVIDE CITIZEN INPUT PRIOR TO SUBMITTING A MINNESOTA INVESTMENT
FUND GRANT APPLICATION TO THE MINNESOTA DEPARTMENT OF
EMPLOYMENT AND ECONOMIC DEVELOPMENT
WHEREAS, a public hearing is required to receive citizen input prior to
submission of an application to the Minnesota Investment Fund,
THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA,
That a public hearing to receive citizen input prior to submitting a grant application to the
Minnesota Department of Employment and Economic Development for a grant under the
Minnesota Investment Fund (MIF) program is hereby called and shall be held on
Tuesday, November 281h, 2017, at 6:00 PM, at the City Council Chambers in City Center
located at 111 Hassan Street SE, Hutchinson, Minnesota;
Adopted by the City Council this 141h day of November, 2017
Adopted:
Gary Forcier, Mayor
ATTEST:
Matt Jaunich, City Administrator
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Authorization to Sign Amended & Restated Development Agreement and Closing
Department: EDA
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: Miles R. Seppelt
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 10
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Closing on the sale of city-owned land on the intersection of Hwy 7 / Hwy 15 to Hutchcobble LLC for the Cobblestone
Inn hotel project will take place by November 22nd at the latest.
City staff is seeking City Council authorization to sign final legal documents and move the project forward, specifically
the Amended and Restated Development Agreement along with all exhibits.
(This is an updated version of the original Development Agreement signed April 11, 2017 to include language
pertaining to the Soils Condition TIF District)
In addition to the Amended and Restated Development Agreement, the Purchase Money Mortgage and the Purchase
Money Promissory Note are included for your review.
The developer has indicated that they would like to begin construction by the end of November and have to new hotel
completed sometime in June of 2018.
If you have any questions or need additional information, please give me a call anytime at 234-4223
BOARD ACTION REQUESTED:
Authorization to sign the amended and restated development agreement and closing documents with Hutchcobble
LLC to complete the sale of land for the hotel project.
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BY AND BETWEEN
CITY OF HUTCHINSON, MINNESOTA
AND
HUTCHCOBBLE LLC
This Document Was Drafted By:
DORSEY & WHITNEY LLP (GIT)
Suite 1500
50 South Sixth Street
Minneapolis, Minnesota 55402
4838-3276-3985\5
Draft 10/ /17
TABLE OF CONTENTS
PAGE
ArticleI Definitions.........................................................................................................................2
Section1.1
Definitions....................................................................................................2
Article II REPRESENTATIONS AND WARRANTIES................................................................4
Section 2.1
Representations and Warranties by Developer............................................4
Article III PROPERTY
TRANSFER...............................................................................................5
Section3.1
Property ........................................................................................................5
Section3.2
Closing.........................................................................................................5
Section 3.3
Earnest Money; Purchase Price...................................................................5
Section3.4
Title and Survey...........................................................................................6
Section 3.5
City Closing Documents..............................................................................6
Section 3.6
Closing Costs and Prorations.......................................................................6
Section3.7
AS IS............................................................................................................6
Section 3.8
Limited Representations..............................................................................7
Article IV DEVELOPMENT...........................................................................................................7
Section 4.1
Private Improvements..................................................................................7
Section 4.2
Public Improvements...................................................................................9
Section 4.3
Real Property Taxes.....................................................................................9
Section4.4
DEED Reports.............................................................................................9
Article V PUBLIC ASSISTANCE
..................................................................................................9
Section 5.1
Reimbursement for Qualified Costs...........................................................10
Section 5.2
Conditions Precedent to Provision of Public Assistance ...........................
I I
Section 5.3
Satisfaction of Conditions Precedent.........................................................I
I
ArticleVI INSURANCE...............................................................................................................12
Section 6.1
Insurance by Developer.............................................................................12
Section 6.2
Proof of Coverage; General.......................................................................12
Article VII INDEMNIFICATION.................................................................................................12
Section 7.1
City Indemnification..................................................................................12
Article VIII EVENTS OF DEFAULT...........................................................................................13
Section 8.1
Events of Default Defined.........................................................................13
Section 8.2
Remedies on Default..................................................................................14
Section 8.3
No Remedy Exclusive................................................................................14
Section 8.4
No Implied Waiver....................................................................................14
Section8.5
City Default................................................................................................15
Section 8.6
Attorneys' Fees and Expenses...................................................................15
Article IX ASSIGNMENT; PROPERTY TRANSFERS..............................................................15
Section 9.1
Assignment; Property Transfers................................................................15
Article X General Provisions.........................................................................................................15
Section 10.1
Conflict of Interests; City Representatives Not Individually Liable .........15
Section 10.2
Equal Employment Opportunity ................................................................15
Section 10.3
Restrictions on Use....................................................................................16
Section 10.4
Titles of Articles and Sections...................................................................16
Section 10.5
Business Subsidies Act..............................................................................16
4838-3276-3985\5
Section 10.6
Term of Agreement....................................................................................16
Section 10.7
Provisions Surviving Termination.............................................................16
Article XI MISCELLANEOUS.....................................................................................................16
Section 11.1
Scope of Agreement...................................................................................16
Section11.2
Liability......................................................................................................16
Section 11.3
Amendments..............................................................................................16
Section11.4
Severability................................................................................................17
Section 11.5
Agreement Binding....................................................................................17
Section 11.6
Run with the Land......................................................................................17
Section 11.7
Venue and Law of Governing....................................................................17
Section11.8
Litigation....................................................................................................17
Section 11.9
No Third -Party Beneficiaries.....................................................................17
Section 11.10
Time of the Essence...................................................................................17
Section11.11
Notice.........................................................................................................17
Section11.12
Recordation................................................................................................18
Section 11.13
No Presumption Against Drafter...............................................................18
Section 11.14
Payment of Costs.......................................................................................18
Section 11.15
Assignability of Agreement.......................................................................18
Exhibit A: Legal Description
Exhibit B: Site Plan
Exhibit C: Minimum Improvements
Exhibit D: Form of Limited Warranty Deed
Exhibit E: Form of Certificate of Completion
Exhibit F: Form of Development Agreement Memorandum
Exhibit G: Form of Easement Agreement
Exhibit H: Estimated Development Costs
Exhibit I: Form of TIF Note
Exhibit J: Projected TIF Payment Schedule
4838-3276-3985\5
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
This First Amended and Restated Development Agreement (this "Agreement"), made as
of , 2017 ("Effective Date"), is between HUTCHCOBBLE LLC, a Minnesota
limited liability company ("Developer"), and CITY OF HUTCHINSON, a municipal corporation
and political subdivision of the State of Minnesota (the "Lily").
RECITALS:
WHEREAS, the Developer and the City entered into that certain Development Agreement
dated April 11, 2017 (the "Original Agreement');
WHEREAS, the Developer and the City wish to amend and replace the Original Agreement
with this Agreement to incorporate certain provisions related to tax increment financing for the
Development (as defined below);
WHEREAS, the City currently owns that certain real property consisting of approximately
2.86 acres and located at 9 4t' Avenue NE, Hutchinson, MN 55350, and known as the "Prochnow
Addition", which real property is legally described on Exhibit A attached hereto (the "Pro e ");
WHEREAS, Developer desires to, and subject to the terms of this Agreement agrees to,
develop the Property into a midscale or better hotel of approximately 54 rooms and at least
30,000 total square feet in accordance with the site plan attached hereto as Exhibit B (the "Site
Plan") and meeting the requirements set forth on Exhibit C (the "Minimum Improvements"). Such
hotel and all improvements ancillary thereto, excluding the Public Improvements (as defined
below), are herein collectively referred to as the "Private Improvements";
WHEREAS, to maintain and revitalize commercial activity in the City, the City has agreed
to enter into an Agreement to provide for the transfer of the Property to Developer and to provide
for the City's construction (subject to the terms of this Agreement) of an approximately
twenty-four (24) foot wide access road from Prospect Street to the Private Improvements, as
depicted in the Site Plan, and a retaining wall or slope stabilization alternative to facilitate
construction of access road and any storm water retention features constructed by the City, as
depicted on the Site Plan (collectively, the "Public Improvements" and, together with the Private
Improvements, the "Development");
WHEREAS, the City has designated a development district in the City denominated
Development District No. 4 (the "Development District") and has approved a modification to the
Development Program for the Development District (the "Modification") pursuant to and in
accordance with Minnesota Statutes ("M.S."), Sections 469.124 through 469.133 (the "Act"), as
amended; and
WHEREAS, the City adopted a resolution establishing Tax Increment Financing District
No. 4-19, a "soils conditions district" pursuant to M.S., Section 469.174, Subdivision 19 (the "TIF
District") to pay for the cost of removal and/or remedial action as called for by the Response Action
Plan developed for the site and approved by the Minnesota Pollution Control Agency (the
"Response Action Plan") and approved a Tax Increment Financing Plan therefore (the "TIF Plan");
4838-3276-3985\5
WHEREAS, in order to achieve the objectives of the Development Program, the
Modification, and the TIF Plan, the City intends to provide assistance to the Developer through
tax increment financing, as described in the TIF Act, to finance certain costs of the Development;
WHEREAS, the City has determined that, in order to accomplish the purposes specified in
and to carry out the Development Program, the Modification, and the TIF Plan, it is necessary and
desirable for the City to reimburse the Developer for certain costs to be incurred and paid by the
Developer in connection with the Private Improvements;
WHEREAS, the City will apply tax increment revenues generated from the TIF District to
(i) pay or reimburse the City for administrative expenses relating to the TIF District to the extent
permitted by the TIF Act and, (ii) to reimburse the Developer, with interest, for certain costs
incurred in connection with the construction of the Minimum Improvements associated with the
Development; and
WHEREAS, the City believes that the development activities associated with the
Development pursuant to this Agreement are in the best interests of the City and comply with the
applicable state and local laws and requirements under which the Development has been
undertaken.
NOW THEREFORE, in consideration of the Property and the mutual covenants and
agreements herein set forth, the parties do hereby covenant and agree as follows:
ARTICLE I
DEFINITIONS
Section 1.1 Definitions. In this Agreement, unless a different meaning clearly appears
from the context:
"Act" means Minnesota Statutes, Sections 469.124 through 469.133.
"Agreement" means this Agreement, as the same may be from time to time modified,
amended or supplemented.
"Approved Plans" means such City -approved plans and specifications.
"Available Tax Increment" means 80 percent (80%) of the tax increment revenues
generated by Tax Increment Financing District No. 4-19 as computed pursuant to Minnesota
Statutes, Section 469.177, or its successor.
"Business Subsidies Act" means Minnesota Statutes, Sections 116J.993 through I I6J.995.
"Certificate of Completion" means a certification in the form attached hereto as Exhibit E,
to be provided to the Developer pursuant to this Agreement.
"City" means the City of Hutchinson, Minnesota.
2
4838-3276-3985\5
"City Council" means the City Council of the City of Hutchinson, Minnesota.
"Developer" means HutchCobble LLC, and its successors and assigns.
"Development Costs" means certain costs incurred and to be incurred by the Developer
during the Development, the estimated types and amounts of which are shown on Exhibit H to this
Agreement.
"Development District" means Development District No.4 designated pursuant to
Minnesota Statutes, Sections 469.124 through 469.133.
"Development" means the Public Improvements together with the Private Improvements.
"Event of Default" means as any of the events set forth in Section 8.1 hereof.
"Modification" means the Modification to the Development Program for Development
District No. 4.
"Minimum Improvements" means the minimum improvements to be undertaken by the
Developer as part of the Development on the Property all as further described in Exhibit C attached
hereto.
"Original Agreement" means the Development Agreement between the City and the
Developer dated April 11, 2017.
"Private Improvements" means the hotel and all improvements ancillary thereto, excluding
the Public Improvements, to be undertaken by the Developer.
"Property" means the real property legally described on Exhibit A attached hereto.
"Public Assistance" means the Available Tax Increment to be paid under Section 5.1
hereof.
"Public Improvements" means the Public Improvements already constructed by the City,
which include an approximately twenty-four (24) foot wide access road from Prospect Street to
the Private Improvements, as depicted in the Site Plan, and a retaining wall or slope stabilization
alternative to facilitate construction of access road and any storm water retention features
constructed by the City, as depicted on the Site Plan.
"Qualified Costs" means costs incurred in connection with implementation of the Response
Action Plan that are reimbursable from tax increment pursuant to the TIF Act, which are shown
on Exhibit H to this Agreement.
"Site Plan" means the site plan described on Exhibit B attached hereto.
"Termination Date" means the earlier of (i) the date on which the Tax Increment District
expires or is otherwise terminated, or (ii) the date this Agreement is terminated or rescinded in
accordance with its terms.
4838-3276-3985\5
"TIF Act" means Minnesota Statutes, Sections 469.174 through 469.1794.
"TIF District" means Tax Increment Financing District No. 4-19 established by the City.
"TIF Plan" means the Tax Increment Financing Plan for Tax Increment Financing District
No. 4-19 approved by the City.
"Unavoidable Delays" means delays which are the result of (i) strikes or other labor
troubles, unforeseeable and unavoidable casualties to the Public Improvements or the Private
Improvements, (ii) governmental actions that are not in the control of the defaulting party or
(iii) severe weather, acts of God, fire or other casualty.
ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1 Representations and Warranties by Developer. Developer represents and
warrants that:
(a) Developer is a limited liability company organized and validly existing
under the laws of the State of Minnesota.
(b) Developer has duly authorized the execution of this Agreement and the
performance of its obligations hereunder, and neither the execution and delivery of this Agreement,
the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance
with the terms and conditions of this Agreement, is prevented, limited by or conflicts with or results
in a breach of, any indebtedness, agreement or instrument of whatever nature to which Developer
is now a party or by which it is bound, or constitutes a default under any of the foregoing.
(c) Developer will, to the extent required by this Agreement, construct or cause
the construction of the Minimum Improvements in accordance with the terms of this Agreement,
the TIF Plan and all local, state and federal laws and regulations.
(d) There are no pending or threatened legal proceedings of which Developer
has knowledge that seek to restrain or enjoin the transactions contemplated by this Agreement or
which question the authority of Developer to execute and deliver this Agreement or the validity of
this Agreement.
(e) The estimated value of the Development is $3.2 million.
(f) To the best of Developer's knowledge and belief, the execution and delivery
of this Agreement will not create a conflict of interest prohibited by Minnesota Statutes,
Section 469.009, as amended.
(g) Developer has obtained funding which, with the Public Assistance to be
paid pursuant to this Agreement, is sufficient to enable Developer to successfully complete the
construction of the Development.
4
4838-3276-3985\5
(h) Within two years of completion of the Development, Developer or the
successor owner of the Property will have created a minimum of 11.5 full-time equivalent jobs at
the Development.
(i) The Developer recognizes that the City intends that the TIF District be a
"soils condition district" under the TIF Act. As owner in fee simple of the Property, the Developer
represents to the City that the Property and the Minimum Improvements will be operated in a
manner such that the TIF District will qualify and continue to qualify as a "soils condition district"
under the TIF Act.
0) The Developer would not undertake the Development without the financial
assistance to be provided by the City pursuant to this Agreement and the TIF Plan.
(k) The financial assistance received by the Developer will be used as
assistance for a tax increment financing soils condition district.
ARTICLE III
PROPERTY TRANSFER
Section 3.1 Pro e . Subject to the terms and conditions of this Agreement, the City
will convey to Developer, and Developer will purchase and accept from the City the Property. The
City shall not be required to remove any improvements from the Property and Developer takes the
Property in its as -is condition and except as expressly set forth in Section 3.8 below, without any
representation or warranty concerning the Property (including, without limitation, the warranties
of fitness for a particular purpose, tenantability, habitability and use).
Section 3.2 Closing. The closing of the sale and purchase of the Property (the
"Closing") will occur on November 22, 2017, as described in the Vacant Land Purchase
Agreement between the City and the Developer dated April 11, 2017, as amended by a First
Amendment to Vacant Land Purchase Agreement dated ! I.
Section 3.3 Earnest Money; Purchase Price. Concurrently with the execution of this
Agreement, Developer shall deposit with the City earnest money in the amount of $1,000.00 (the
"Earnest Money"). In the event the Closing does not occur for any reason, other than the default
of the City, the City shall be entitled to retain the Earnest Money. The Earnest Money shall be
returned to Developer, less any amounts owed to the City under this Agreement, at the Closing.
The purchase price for the Property is $300,000.00, which is payable by Developer to the City at
the Closing. The purchase price shall be financed by the City with the following terms:
(a) Loan from the City in the amount of $300,000.00.
(b) Interest at the rate of 0%.
(c) No payments for 24 months.
(d) Repayment to begin 24 months after closing, unless the loan is forgiven.
(e) The loan is forgiven upon issuance of a Certificate of Occupancy.
5
4838-3276-3985\5
(f) Certificate of Occupancy must not be unreasonably withheld.
(g) If the Development does not proceed, Developer has the right to sell the lot
back to the City for $1.00 within 24 months of Closing in which case the loan would be forgiven.
(h) The parties shall sign a note and mortgage to reflect the above -referenced
terms in a form reasonably satisfactory to both parties.
Section 3.4 Title and Survey. Developer shall be responsible for performing any and
all title and survey examination or due diligence that Developer deems prudent, at Developer's
sole cost and expense. Developer acknowledges and agrees that the City is not providing any
representations or warranties as to the condition of title and expressly waives any claims Developer
may have against the City in connection with any title defects.
Section 3.5 City Closing Documents.
(a) City Closing Documents. The City will deliver to Developer at the Closing:
(i) a limited warranty deed duly executed by the City substantially in
the form attached hereto as Exhibit D; and
Closing:
(ii) any other items required by this Agreement for the Closing.
(b) Developer Closing Documents. Developer will deliver to the City at the
(i) the purchase price specified in Section 3.3;
(ii) any other items required by this Agreement for the Closing.
Section 3.6 Closing Costs and Prorations.
(a) Closing Costs. The City and the Developer will each pay half of the legal
costs associated with the Agreement. Developer will be responsible for its and the City's
respective accounting and other expenses associated with the transaction contemplated by this
Article 3. Developer will be responsible for any taxes required in connection with the transaction
(including all deed tax), all document recording fees, fees associated with the transfer or obtaining
of licenses and permits required to operate the Property, and any sales or use taxes required in
connection with the transaction. Developer will pay the closing fee and any escrow fees incurred
in connection with this transaction. It being the intention of the parties that the City will incur no
costs in connection with the transaction contemplated by this Article 3.
(b) Taxes and Assessments. Real estate taxes and installments of special
assessments with respect to the Property, if any, due and payable in the year in which the Closing
occurs will be prorated as of the date of the Closing.
Section 3.7 AS IS. Except as expressly set forth in Section 3.8 below, (i) the City makes
no representations or warranties regarding the Property, (ii) the City hereby disclaims, and
6
4838-3276-3985\5
Developer hereby waives, any and all representations or warranties of any kind, express or implied,
concerning the Property or any portion thereof, as to its condition, value, compliance with laws,
status of permits or approvals, existence or absence of hazardous materials on site, occupancy rate
or any other matter of similar or dissimilar nature relating in any way to the Property, including
the warranties of fitness for a particular purpose, tenantability, habitability and use and
(iii) Developer takes the Property "AS IS", "WHERE IS" and " WITH ALL FAULTS".
Section 3.8 Limited Representations. The City represents and warrants as of the date
hereof and the date of Closing, which representations and warranties shall survive for a period of
three (3) months following the Closing:
(a) Wells. The City certifies and warrants that the City does not know of any
"Wells" on the described Property within the meaning of Minn. Stat. § 1031. This representation
is intended to satisfy the requirements of that Statute.
(b) Methamphetamine. To the actual knowledge of the City, no
methamphetamine production has occurred on the Property. This representation is intended to
satisfy the requirements of Minnesota Statutes Section 152.0275 Subdiv. 2(m).
(c) Sewage Treatment System Disclosure. For the purposes of satisfying any
applicable requirements of Minn. Stat. § 115.55, the City discloses and certifies that to the City's
actual knowledge, no sewage is generated on the Property.
ARTICLE IV
DEVELOPMENT
Section 4.1 Private Improvements.
(a) Development and Construction Obligations. Developer will design and
build the Private Improvements in accordance with the Approved Plans. Developer shall
commence physical construction of the Private Improvements no later than the first anniversary of
the Effective Date and shall diligently pursue completion of the Private Improvements. Subject to
Unavoidable Delays, the Private Improvements shall be completed no later than
[ 1. Developer will perform, or cause to be performed, all of the Private
Improvements in strict accordance with this Agreement and applicable federal, state and local
laws, ordinances, rules and regulations.
(b) Plans. Developer shall deliver to the City all plans, specifications and
working drawings for the Development (of sufficient scope and detail to satisfy requirements for
obtaining all necessary permits, for obtaining firm cost bids and for directing the construction of
the Development) for the City's prior approval. Developer shall not commence construction on
the Private Improvements until the City has approved the plans, specifications and working
drawings for the Development in accordance with this paragraph.
(c) Zoning and Land Use Approvals; Building Permits, Fees.
(i) Developer shall submit the appropriate application materials as
required under the City municipal code. Developer shall be responsible for applying for and
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obtaining all land use and zoning approvals necessary for the Private Improvements. All zoning
and land use approvals shall be in accordance with the ordinances of the City.
(ii) Developer shall comply in all respects with all applicable City
building codes and construction requirements and shall be responsible for obtaining all building
permits with respect to construction of the Private Improvements. Developer shall be responsible
for paying, or causing to be paid, to the City and all other governmental agencies the cost of all
applicable permit fees and licenses required for construction of the Private Improvements.
(iii) No approval by the City of the Approved Plans under Section 4.1(b)
shall relieve Developer of the obligation to comply with the terms of this Agreement, applicable
federal, state and local laws, ordinances, rules and regulations, or to properly construct the Private
Improvements. No approval by the City shall constitute a waiver of an Event of Default. Further,
Developer is not excused from the necessity of obtaining environmental, navigational, design,
business or safety approvals that may be required by applicable federal, state and local laws,
ordinances, rules and regulations.
(d) Changes. If Developer desires to make any material change in the
Approved Plans, then Developer shall submit the proposed change to the City for its approval,
which approval shall not be unreasonably withheld, conditioned or delayed provided such change
does not vary from the Minimum Improvements, which Minimum Improvements are set forth on
Fyhihit f
(e) Certificate of Completion. Developer will notify the City when it has fully
completed construction of the Private Improvements. The City will promptly inspect the Private
Improvements to determine whether the Private Improvements have been constructed in
substantial conformity with the approved plans. If the City determines that the Private
Improvements have not been constructed in conformity with the approved plans, the City shall,
within ten (10) business days of its inspection, deliver a written statement to Developer indicating
that the Private Improvements have not been constructed in substantial conformity with the
Approved Plans and the terms of this Agreement. At such time as the City determines that the
Private Improvements have been fully completed in conformity with the Approved Plans and this
Agreement, the City shall promptly deliver a Certificate of Completion to Developer substantially
in the form attached hereto as Exhibit E. Delivery of a Certificate of Completion by the City does
not constitute a representation or warranty by the City that the Approved Plans or the Private
Improvements (or any portion thereof) comply with any applicable building code, health or safety
regulation, zoning regulation, or other law or regulation, or that the Private Improvements (or any
portion thereof) will meet the qualifications for issuance of a certificate of occupancy, or that the
Private Improvements (or any portion thereof) will meet the requirements of its users. It will be
the responsibility of Developer to provide for the recording of the Certificate of Completion and
the payment of any costs for such recording.
(f) Progress Reports/City Access. Until a Certificate of Completion is issued,
Developer shall make, in such detail as may reasonably be required by the City, and forward to
the City, on a quarterly basis, a written report as to the actual progress of work on the Private
Improvements. Developer agrees to permit the City and any of its officers, employees or agents
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access to the Private Improvements for the purpose of inspection of all work being performed in
connection with the Development.
Section 4.2 Public Improvements. The City has designed and completed construction
of the Public Improvements in accordance with applicable standards and specifications of the City
and the State of Minnesota at the City's sole cost, subject to Section 8.2 below. The Public
Improvements are the property of Developer and Developer shall grant the City with an Easement
Agreement in the form attached hereto as Exhibit G attached hereto and incorporated herein by
reference. The Public Improvements are not a "public subsidy" as defined by Minnesota Statute
Sections 116J.993 -116J.995. Prior to completion of the Private Improvements, Developer shall
have prepared, at its sole cost and expense, the depiction of the Easement Area necessary for the
Easement Agreement attached hereto as Exhibit G, and shall deliver the same to City.
Section 4.3 Real Property Taxes. Prior to the Termination Date, the Developer shall
pay all real property taxes payable with respect to all and any parts of the Property acquired and
owned by it until the Developers' obligations have been assumed by any other person pursuant to
the provisions of this Agreement or title to the Property is vested in another person.
The Developer agrees that prior to the Termination Date:
(1) It will not seek administrative review or judicial review of the applicability of any
tax statute relating to the ad valorem property taxation of real property contained on the Property
determined by any tax official to be applicable to the Project or the Developer or raise the
inapplicability of any such tax statute as a defense in any proceedings with respect to the Property,
including delinquent tax proceedings; provided, however, "tax statute" does not include any local
ordinance or resolution levying a tax;
(2) It will not seek administrative review or judicial review of the constitutionality of
any tax statute relating to the taxation of real property contained on the Property determined by
any tax official to be applicable to the Development or the Developer or raise the
unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent
tax proceedings with respect to the Property; provided, however, "tax statute" does not include
any local ordinance or resolution levying a tax;
(3) It will not seek any tax deferral or abatement, either presently or prospectively
authorized under Minnesota Statutes, Section 469.1813, or any other State or federal law, of the
ad valorem property taxation of the Property between the date of execution of this Agreement and
the Termination Date.
Section 4.4 DEED Reports. The Developer shall provide the City with information
about the Project as requested by the City so that the City can satisfy the reporting requirements
of Minnesota Statutes, Section 115J.994, Subd. 8.
ARTICLE V
PUBLIC ASSISTANCE
The Developer has agreed to and shall be responsible to pay all of its respective costs of
the Development, as herein provided. However, the City, in order to encourage the Developer to
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proceed with the construction of the Development, and to assist the Developer in paying the costs
thereof, is willing to provide Public Assistance and thereby reimburse the Developer for a portion
of the Development costs, as permitted by the TIF Act and in accordance with the TIF Plan, that
will be incurred by the Developer to construct the Private Improvements.
Section 5.1 Reimbursement for Qualified Costs. The City will reimburse itself for
Qualified Costs of the Development and agrees to reimburse the Developer, using Available Tax
Increment on a pay -as -you -go -basis, for Qualified Costs of the Development. The City shall, upon
completion of the Development and the issuance of a the Certificate of Completion therefor, make
reimbursement payments pursuant to a limited revenue tax increment note (the "Note") for the
Development, the form of which is attached hereto as Exhibit I, with said payments of principal
and interest to be made on the dates (the "Payment Dates") and in the amounts set for such
payments in Exhibit J hereto, which is incorporated herein, but subject to the following terms and
conditions:
(a) The sum of the principal amounts of all the Notes issued for the
Development will not exceed $[ ].
(b) No payments shall be made by the City to the Developer unless and until
the Developer has provided written evidence satisfactory to the City that Qualified Costs
in the amount to be reimbursed from the Available Tax Increment have been incurred for
the Development and paid by the Developer and the Certificate of Completion has been
issued as contemplated in Section 4.1(e) hereof.
(c) The City shall be obligated to make the payments to the Developer required
pursuant to this Section 5.1 only from and to the extent of the Available Tax Increment
actually received from the TIF District for any tax year, and such payments shall never be
considered to be a general obligation or indebtedness of the City.
(d) The City will retain 20% of the Tax Increment generated. Up to 10% of the
Tax Increment generated may be retained by the City for administrative costs, and the City
shall apply the Tax Increment first to pay any administrative expenses relating to the
Property to the extent permitted by the Tax Increment Act and to the extent that such
expenses have not been paid or reimbursed to the City by the Developer. The remainder
of the Tax Increment generated and retained by the City not used to pay administrative
expenses will be reimbursed to the City for the City's Qualified Costs of the Public
Improvements related to the Development. Any Tax Increment remaining after the
payment of any administrative expenses then due and owing and any reimbursement to the
City (the "Available Tax Increment") shall be paid to the Developer for reimbursement of
the Qualified Costs plus interest on the Payment Dates.
(e) Upon thirty (3 0) days' written notice to the Developer, the City may prepay
all or a portion of the outstanding principal balance due to the Developer pursuant to this
Section 5.1 without penalty, on any date at a prepayment price equal to the outstanding
principal balance to be prepaid plus accrued interest to the prepayment date.
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(f) The City shall not be obligated to make any payments hereunder subsequent
to the termination of this Agreement, and any amounts remaining unpaid as of such date
(other than by reason of failure of the City to comply with the terms of this Agreement)
shall be considered forgiven by the Developer and shall cease to be owing.
(g) With the written consent of the City, the Developer may assign the
payments to be made to Developer under this Section 5.1 to secure financing incurred by
the Developer to pay costs of the Development.
Section 5.2 Conditions Precedent to Provision of Public Assistance. Upon payment by
the Developer of Qualified Costs for the Development, which are eligible to be reimbursed
pursuant to the TIF Act, the Developer will deliver to the City an instrument executed by the
Developer specifying (i) the amount and nature of the Minimum Improvement costs to be
reimbursed, and (ii) certifying that such costs have been paid to third parties unrelated to the
Developer or if any costs have been paid to third parties related to the Developer, that such costs
do not exceed the reasonable and customary costs of services, labor or materials of comparable
quality, dependability, availability and other pertinent criteria and that such costs have not
previously been contained in an instrument furnished to the City pursuant to this Section 5.2.
Together with such instrument, the Developer shall deliver to the City evidence satisfactory to the
City of the payment by the Developer of such costs to be reimbursed. Thereafter, the City will
provide to the Developer reimbursement for the Development, constituting a portion of the
Assistance described in Section 5.1 hereof, paid up to the maximum amount then due and payable,
in accordance with the payment schedule provided on Exhibit D attached hereto.
Section 5.3 Satisfaction of Conditions Precedent. Notwithstanding anything to the
contrary contained herein, the City's obligation to reimburse the Developer for Qualified Costs
shall be subject to satisfaction, or waiver in writing by the City, of all of the following conditions
precedent:the conditions precedent in this Section 5.3 hereof have been satisfied;
(ii) the Developer shall have cured any title defects with respect to the Property;
(iii) the Developer shall not be in default under the terms of this Agreement;
(iv) the Developer shall have closed on financing sufficient to pay all costs to be
incurred in connection with the Development.
In the event that all of the above conditions required to be satisfied as provided in this Section 5.3
have not been satisfied by [January 1, 2019], either the City or the Developer may terminate this
Agreement. Upon such termination, the provisions of this Agreement relating to the Private
Improvements shall terminate and, except as provided in Article 10, neither the Developer nor the
City shall have any further liability or obligation to the other hereunder.
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ARTICLE VI
INSURANCE
Section 6.1 Insurance by Developer.
(a) Developer will provide and maintain or cause to be maintained at all times
during the process of constructing the Private Improvements and, from time to time at the request
of the City, will furnish the City with proof of payment of premiums on:
(i) Builder's risk insurance, written on the so-called `Builder's Risk -
Completed Value Basis," in an amount equal to 100% of the insurable value of the Private
Improvements at the date of completion, and with coverage available in non -reporting form on the
so-called "all risk" form of policy.
(ii) Workers' compensation insurance, with statutory coverage.
(iii) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations and contractual liability
insurance) together with an Owner's/Contractor's Policy, with limits against bodily injury and
property damage of not less than $2,500,000 for each occurrence (to accomplish the
above -required limits, an umbrella excess liability policy may be used), written on an occurrence
basis.
In each case the City shall be named as an additional insured to the extent of its interest and the
City shall be protected in form and content reasonably satisfactory to the City.
Section 6.2 Proof of Coverage; General. All insurance required in this Article shall be
taken out and maintained with responsible insurance companies which are authorized under the
laws of the State of Minnesota to assume the risks covered thereby. Each policy must contain a
provision that the insurer will not cancel nor modify the policy without giving written notice to the
insured at least thirty (30) days before the cancellation or modification becomes effective. Not
less than fifteen (15) days prior to the expiration of any policy, Developer, or its successor or
assign, must renew the existing policy or replace the policy with another policy conforming to the
provisions of this Article. In lieu of separate policies, Developer or its successor or assign, may
maintain a single policy, blanket or umbrella policies, or a combination thereof, having the
coverage required herein.
ARTICLE VII
INDEMNIFICATION
Section 7.1 Citv Indemnification.
(a) Developer covenants and agrees that the City and its governing body
members, officers, agents, servants and employees (the "City Indemnified Parties") shall not be
liable for, and Developer agrees to indemnify and hold harmless the City Indemnified Parties
against, any loss or damage to property or any injury to or death of any person occurring at or
about or resulting from any defect in the Private Improvements.
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(b) Developer agrees to protect and defend the City Indemnified Parties, and
further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other
proceeding arising out of or with respect to the construction, installation, ownership, and operation
of the Property or the Private Improvements.
(c) Developer agrees to protect and defend the City Indemnified Parties, and
further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other
proceeding arising out of or with respect to this Agreement.
(d) Developer agrees to protect and defend the City Indemnified Parties, and
further agrees to hold the aforesaid harmless, from any claim, demand, suit, action or other
proceeding by reason of any lien or claim of lien for labor, services or materials (including
allowances for interest or profit) of any general contractor, subcontractor or sub -subcontractor,
materialmen or any persons whatsoever, or by reason of any equitable or statutory lien against the
Private Improvements, arising by reason of or in the course of any construction, improvement or
work of any nature, whether heretofore completed, now in progress or hereafter to be done.
(e) None of the City Indemnified Parties shall be liable to Developer or to any
third party for any consequential or other damages that may arise out of delays of any kind relating
to activities undertaken pursuant to this Agreement, including but not limited to delays due to
environmental conditions, court challenges or elements outside the control of the City Indemnified
Parties.
ARTICLE VIII
EVENTS OF DEFAULT
Section 8.1 Events of Default Defined. The following shall be "Events of Default"
under this Agreement:
(a) Subject to Unavoidable Delays, failure by Developer to complete
construction of the Private Improvements pursuant to the terms, conditions and limitations of
Article II.
(b) Failure by Developer to commence physical construction of the Private
Improvements by the first anniversary of the Effective Date.
(c) Failure by Developer to provide and maintain any insurance required to be
maintained by Article IV.
(d) Failure by Developer to observe or perform any covenant, condition,
obligation or agreement on its part to be observed or performed under this Agreement not
otherwise set forth in this Section 8.1 and Developer fails to cure such failure within thirty
(30) days after the City notifies Developer of such failure.
(e) Developer's filing of any petition in bankruptcy or for any reorganization,
arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United
States Bankruptcy Code or under any similar federal or state law.
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(f) The making of an assignment for the benefit of Developer's creditors.
(g) The making of an assignment of this Agreement or sale or transfer of the
Property in violation of this Agreement.
(h) Developer's admittance in writing of its inability to pay its debts generally
as they become due.
(i) The adjudication of Developer as bankrupt or insolvent; or a petition or
answer proposing the adjudication of Developer as bankrupt or its reorganization under any present
or future federal bankruptcy act or any similar federal or state law which is filed in any court and
such petition or answer is not be discharged or denied within 60 days after the filing thereof, or a
receiver, trustee or liquidator of Developer, or of the Development, or part thereof, is appointed in
any proceeding brought against Developer, and is not discharged within 60 days after such
appointment, or if Developer consents to such appointment.
Section 8.2 Remedies on Default. Whenever any Event of Default referred to in
Section 8.1 occurs, the City may take any one or more of the actions set forth below:
(a) Suspend its performance under this Agreement until it receives assurances
from Developer reasonably acceptable to the City that Developer will cure its default and continue
its performance under this Agreement;
(b) Cancel and terminate this Agreement;
(c) Withhold the Certificate of Completion;
(d) Recover any and all costs and expenses incurred by the City for or in
connection with the Public Improvements or this Agreement, or -
(e) Take any other action, including legal, equitable or administrative action,
which may appear necessary or desirable to the City, including any actions to collect any payments
due under this Agreement, or to enforce performance and observance of any obligation, agreement,
or covenant to the Developer under this Agreement.
Section 8.3 No Remedy Exclusive. No remedy hereunder is intended to be exclusive
of any other available remedy or remedies, but each and every such remedy shall be cumulative
and shall be in addition to every other remedy given under this Agreement or now or hereafter
existing at law or in equity. No delay or omission to exercise any right accruing upon any default
shall impair any such right or shall be construed to be a waiver thereof, but any such right may be
exercised from time to time and as often as may be deemed expedient.
Section 8.4 No Implied Waiver. In the event any agreement contained herein should be
breached by any party and thereafter waived by the other party, such waiver shall be limited to the
particular breach so waived and shall not be deemed to waive any other concurrent, previous or
subsequent breach hereunder.
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Section 8.5 City Default. The City shall be in default under this Agreement (a "City
Default') in the event the City fails to observe or perform any covenant, condition, obligation or
agreement on its part to be observed or performed under this Agreement and the City fails to cure
such failure within thirty (30) days after Developer notifies the City of such failure, subject to
Unavoidable Delays. Upon the occurrence of a City Default, Developer will have the right to
exercise any of the following remedies: (i) seek specific performance or other equitable relief or
(ii) sue for money damages. Developer shall not be entitled to terminate this Agreement.
Section 8.6 Attorneys' Fees and Expenses. Each party shall pay its own attorneys' fees
and expenses, even when arising any default, collection action or other dispute hereunder.
ARTICLE IX
ASSIGNMENT, PROPERTY TRANSFERS
Section 9.1 Assignment, Property Transfers. Prior to the issuance of a Certificate of
Completion for the Developer, Developer shall not make, or suffer to be made, any total or partial
sale, assignment, conveyance, lease, or other transfer, with respect to this Agreement, the
Development or the Property, or any part thereof or any interest therein, or enter into any contract
or agreement to do any of the same, without the prior written approval of the City, which may be
withheld in the City's sole discretion. No transfer of, or change with respect to, ownership in the
Development or the Property or any part thereof, or any interest therein, however consummated or
occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or
limit the City of or with respect to any rights or remedies or controls provided in or resulting from
this Agreement with respect to the Property and the completion of the Development that the City
would have had, had there been no such transfer or change. No sale, assignment, conveyance,
lease, or other transfer or approval by the City of the same shall be deemed to relieve Developer,
or any other party bound in any way by this Agreement or otherwise with respect to the completion
of the Development, from any of its obligations with respect thereto.
ARTICLE X
GENERAL PROVISIONS
Section 10.1 Conflict of Interests; City Representatives Not Individually Liable. No
member, official, employee, or consultant or employee of a consultant of the City shall have any
personal interest, direct or indirect, in this Agreement, nor shall any such member, official,
consultant or the consultant's employees or employee participate in any decision relating to this
Agreement which affects his or her personal interests or the interests of any corporation,
partnership, or association in which he or she is directly or indirectly interested. No member,
official, consultant or consultant's employee, or employee of the City shall be personally liable to
Developer, or any successor in interest, in the event of any default or breach by the City or for any
amount which may become due to Developer or successors or on any obligations under the terms
of this Agreement.
Section 10.2 Equal Employment Opportunity. Developer, for itself and its successors
and assigns, agrees that during the construction of the Project it will comply with any applicable
affirmative action and nondiscrimination laws or regulations.
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Section 10.3 Restrictions on Use. Developer agrees for itself, and its successors and
assigns, and every successor in interest to the Property, or any part thereof, that Developer, and
such successors and assigns, shall devote the Property to, and only to and in accordance with, the
uses specified in the Development Program, this Agreement and other agreements entered into
between the Developer and the City, and shall not discriminate upon the basis of race, color, creed,
religion, national origin, sex, marital status, disability, status with regard to public assistance,
sexual orientation, and familial status in the sale, lease, or rental or in the use or occupancy of the
Property or any improvements erected or to be erected thereon, or any part thereof.
Section 10.4 Titles of Articles and Sections. Any titles of the several parts, Articles, and
Sections of this Agreement are inserted for convenience of reference only and shall be disregarded
in construing or interpreting any of its provisions.
Section 10.5 Business Subsidies Act. Based on the representations of the Developer
contained in Section 2.1(k) of this Agreement, the Public Assistance being provided by the City to
the Developer under this Agreement is not a business subsidy under the Business Subsidies Act
and subsidy agreement as described in Minnesota Statutes, Section 116J.994, Subd. 3 and Subd. 4
is not being entered by the City and Developer.
Section 10.6 Term of Agreement. This Agreement shall terminate upon the earlier to
occur of (i) reimbursement of the Developer's costs by the City as provided in Section 5.1 hereof,
(ii) the decertification of the TIF District; or (iii) the City and the Developer agree in writing to
terminate this Agreement; it being expressly agreed and understood that the provisions of this
Agreement are intended to survive the expiration and satisfaction of any security instruments
placed of record contemporaneously with this Agreement, if such expiration and satisfaction
occurs prior to the expiration of the term of this Agreement, as stated in this Section 106.
Section 10.7 Provisions Surviving Termination. Sections 7.1 and 8.6 hereof shall
survive any termination, rescission, or expiration of this Agreement with respect to or arising out
of any event, occurrence, or circumstance existing prior to the date thereof
ARTICLE XI
MISCELLANEOUS
Section 11.1 Scope of Agreement. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter hereof, and no statements, promises, or
inducements that are not contained in this Agreement will be binding on the parties. All exhibits,
schedules, or other attachments referenced in this Agreement are hereby incorporated into this
Agreement by such reference and are deemed to be an integral part of this Agreement.
Section 11.2 Liabili . No member, official, or employee of the City shall be personally
liable to Developer, or any successor in interest, in the event of any default or breach by the City
for any amount which may become due to Developer on any obligations under the terms of this
Agreement. Under no circumstances shall the City be liable for any consequential or special
damages in connection with this Agreement or the transactions contemplated herein.
Section 11.3 Amendments. The parties to this Agreement may amend or modify this
Agreement only by written instrument duly executed by the parties hereto.
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Section 11.4 Severability. If any part, term, or provision of this Agreement is held by a
court to be illegal or otherwise unenforceable, such illegality or unenforceability will not affect the
validity of any other part, term, or provision, and the rights of the parties will be construed as if
the part, term, or provision was never part of this Agreement.
Section 11.5 Agreement Binding. This Agreement shall be binding upon and inure to
the benefit of the parties and their respective heirs, personal representatives, successors and
assigns. This Agreement may be executed in two or more counterparts, each of which shall be
deemed to be an original, and all of which together shall constitute one and the same instrument.
Section 11.6 Run with the Land. The covenants and restrictions set forth in this
Agreement shall run with the title to the Property and shall be binding upon all present and future
owners and occupants of the Property; provided, however, that the covenants and restrictions set
forth in the Agreement shall inure only to the benefit of the City and may be released or waived in
whole or in part at any time, and from time to time, by the sole act of the City, and variances may
be granted to the covenants and restrictions herein contained by the sole act of the City.
Section 11.7 Venue and Law of Governing. This Agreement shall be construed under
and in accordance with the laws of the State of Minnesota.
Section 11.8 Litigation. Each party will reasonably cooperate with the others with
respect to any litigation commenced by third parties in connection with this Agreement.
Section 11.9 No Third -Party Beneficiaries. It is the intention of the parties to this
Agreement that no person who is not a party signatory to this Agreement shall, under a third party
beneficiary theory or otherwise, have any rights or interests hereunder, and no such other party
shall have standing to complain of any parties' exercise of, or alleged failure to exercise, its rights
and obligations under this Agreement.
Section 11.10 Time of the Essence. Time is of the essence of this Agreement.
Section 11.11 Notice. Any notice, demand, request or other communication which may
or shall be given or served by the parties shall be deemed to have been given or served on the date
the same is deposited in the United States Mail, registered or certified, return receipt requested,
postage prepaid; sent by facsimile transmission; or given to a nationally recognized overnight
courier service for next business day delivery and addressed as follows:
If to Developer: HutchCobble LLC
207 Misquah Road
Duluth, MN 55804
Attn: Brian Forcier, Managing Partner
If to City: City of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
Attn: Miles Seppelt
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With a copy to: Dorsey & Whitney LLP
50 S. 6t' St, Suite 1500
Minneapolis, MN 55402
Attn: Grant Turpin
The above addresses may be changed at any time by the parties by notice given in the manner
provided above. The parties agree that electronically reproduced signatures such as by facsimile
transmission are valid for execution or amendment of this Agreement and that electronic
transmission/facsimile is an authorized form of notice as that term is used in this Agreement.
Section 11.12 Recordation. Concurrently with the execution of this Agreement, the
parties shall execute and record a memorandum of Agreement substantially in the form attached
hereto as Exhibit F. Developer shall be responsible for all costs of recordation of such
memorandum of Agreement.
Section 11.13 No Presumption Against Drafter. This Agreement has been negotiated at
arm's length and between persons sophisticated and knowledgeable in the matters dealt with
herein. In addition, each party has been represented by experienced and knowledgeable legal
counsel. Accordingly, this Agreement shall be interpreted to achieve the intents and purposes of
the parties, without any presumption against the party responsible for drafting any part of this
Agreement.
Section 11.14 Payment of Costs. Developer will reimburse the City for one-half of the
City's legal fees and expenses, which shall not exceed $2,500 in the aggregate, in connection with
this Agreement, the administration hereof and the transactions contemplated herein within thirty
(30) days after the City invoices the Developer for such costs. Developer's obligations under this
Section shall survive any termination of this Agreement.
Section 11.15 Assi ng ability of Agreement. This Agreement may be assigned only with
the written consent of the City. The TIF Note may only be assigned pursuant to the terms of the
TIF Note.
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EXECUTED ON:
HUTCHCOBBLE LLC
This day of , 2017 By:
Name:
Its:
EXECUTED ON:
CITY OF HUTCHINSON
This day of , 2017 By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
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Exhibit A
Legal Description
Lot 1, Block 1, Prochnow Addition
A-1
4838-3276-3985\5
Exhibit B
Site Plan
[Appended behind this cover page]
B-1
4838-3276-3985\5
Exhibit C
Minimum Improvements
1. Site needs to be developed as a midscale (or higher) hotel.
2. Construction of the Hotel must be underway within 12 months of signing the
Agreement.
3. Project needs to be consistent with applicable zoning.
4. Project must adhere to the City's site and project approval processes.
5. Buyer is responsible for all due diligence regarding the site.
6. At least 11.5 full-time equivalent (FTE) jobs must be created by the project within
24 months of completion.
C-1
4838-3276-3985\5
Exhibit D
Form of Limited Warranty Deed
(Top 3 inches reserved for recording data)
LINHTED WARRANTY DEED
Business Entity to Business Entity
eCRV number:
DATE: , 2017
DEED TAX DUE: $[...]
FOR VALUABLE CONSIDERATION, CITY OF HUTCHINSON, a municipal corporation and
political subdivision of the state of Minnesota ("Grantor"), hereby conveys and quitclaims to
HUTCHCOBBLE LLC, a limited liability company under the laws of Minnesota ("Grantee"),
real property in McLeod County, Minnesota, legally described on attached Exhibit A together
with all hereditaments and appurtenances belonging thereto (the "Property").
Check here if all or part of the described real property is Registered (Torrens) ❑
This Deed conveys after-acquired title. Grantor warrants that Grantor has not done or suffered
anything to encumber the property.
The Property is conveyed subject to the terms of that certain First Amended and Restated
Development Agreement dated �, 2017] between Grantor and Grantee.
Check applicable box:
❑ The Seller certifies that the Seller does not know of
any wells on the described real property.
❑ A well disclosure certificate accompanies this
document or has been electronically filed. (If electronically filed, insert WDC number: [...].)
❑ I am familiar with the property described in this
instrument and I certify that the status and number
of wells on the described real property have not changed
since the last previously filed well disclosure
certificate.
D-1
4838-3276-3985\5
GRANTOR:
CITY OF HUTCHINSON
By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
STATE OF MINNESOTA )
COUNTY OF MCLEOD )
ss.
The foregoing instrument was acknowledged before me this day of ,
20 , by and 'the Mayor and City
Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal
corporation.
Notary Public
THIS INSTRUMENT WAS DRAFTED BY
Dorsey & Whitney LLP (SAO)
50 South Sixth Street
Suite 1500
Minneapolis, MN 55402-1498
(612) 340-2600
4838-3276-3985\5
TAX STATEMENTS FOR THE REAL
PROPERTY DESCRIBED IN THIS
INSTRUMENT SHOULD BE SENT TO:
Exhibit A to Limited Warranty Deed
Legal Description
Lot 1, Block 1, Prochnow Addition
Exhibit D-3
4838-3276-3985\5
Exhibit E
Form of Certificate of Completion
A. HUTCHCOBBLE LLC, a Minnesota limited liability company ("Developer"),
pursuant to the First Amended and Restated Development Agreement with the CITY OF
HUTCHINSON, a municipal corporation and political subdivision of the State of Minnesota (the
"City"), dated , 2017 (the "Agreement"), has agreed to plan, design, finance, acquire,
develop, and construct certain improvements on the property legally described on Schedule I
attached hereto as more particularly described in the Agreement.
B. Developer has substantially completed construction of the Private Improvements
as required under the Agreement.
C. The issuance of this Certificate of Completion by the City is not intended nor shall
it be construed to be a warranty or representation by the City as to the structural soundness of
Private Improvements, including, but not limited to, the quality of materials, workmanship or the
fitness of the Private Improvements for its proposed use.
NOW THEREFORE, this is to certify that all construction and other physical
improvements specified to be done and made by Developer with regard to the Private
Improvements have been substantially completed, and the provisions of the Agreement imposing
obligations on Developer to construct the Private Improvements as required under the Agreement,
are hereby satisfied and terminated, and the Recorder in and for McLeod County, Minnesota is
hereby authorized to record this instrument, to be a conclusive determination of the satisfactory
termination or said provisions of the Agreement.
[Remainder ofpage intentionally blank.]
E-1
4838-3276-3985\5
Dated: , 20
EXECUTED ON:
This day of 52017
CITY OF HUTCHINSON
By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
STATE OF MINNESOTA )
COUNTY OF MCLEOD )
ss.
The foregoing instrument was acknowledged before me this day of ,
20 , by and 'the Mayor and City
Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal
corporation.
Notary Public
E-2
4838-3276-3985\5
SCHEDULEI
Legal Description
Lot 1, Block 1, Prochnow Addition
E-3
4838-3276-3985\5
Exhibit F
Form of Development Agreement Memorandum
MEMORANDUM OF DEVELOPMENT AGREEMENT
THIS MEMORANDUM OF DEVELOPMENT AGREEMENT (this "Memorandum"), is
made this day of , 2017 by and between the HUTCHCOBBLE LLC, a
Minnesota limited liability company ("Developer") and the CITY OF HUTCHINSON, a
municipal corporation and political subdivision of the state of Minnesota (the "City"):
WITNESSETH:
WHEREAS, Developer and the City entered into that certain First Amended and Restated
Development Agreement dated , 2017 (the "Agreement"), whereby
Developer agreed to construct certain improvements (the "Improvements") upon the real property
located in the City of Hutchinson, McLeod County, Minnesota and legally described on the
attached Exhibit A (the "Property"); and
WHEREAS, in accordance with the terms of the Agreement Developer has agreed to
construct the Improvements;
WHEREAS, the Agreement contains certain obligations, covenants and restrictions as
further set forth therein; and
WHEREAS, the City and Developer desire to give record notice of said Agreement.
NOW, THEREFORE, in consideration of the foregoing, the City and Developer agree as
follows:
1. Minimum Improvements. The Developer has agreed to construct the
Improvements in accordance with the terms of the Agreement.
2. Effect of Memorandum. This Memorandum is intended to provide notice of the
fact of the existence of the Agreement and is not intended to create a legally binding
agreement, therefore in the event of a conflict between the terms of the Agreement
and this Memorandum, the terms of the Agreement shall control in all respects.
Other Terms and Conditions. All other obligations, covenants, terms and
provisions set forth in the Agreement are hereby incorporated by reference, and
made a part hereof.
F-1
4838-3276-3985\5
4. Copy of Agreement. A copy of the Agreement is on file at the offices of the City.
5. Runs with the Land. The Agreement and the covenants set forth therein shall run
with title to the Property and shall be binding upon all present and future owners
and occupants of the Property.
[Signature pages follow.]
F-2
4838-3276-3985\5
IN WITNESS WHEREOF, the parties have executed this Memorandum as of the date set
forth above.
EXECUTED ON:
This day of , 2017
STATE OF MINNESOTA )
COUNTY OF MCLEOD )
CITY OF HUTCHINSON
By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
ss.
The foregoing instrument was acknowledged before me this day of ,
20 , by and 'the Mayor and City
Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal
corporation.
Notary Public
F-3
4838-3276-3985\5
EXECUTED ON:
HUTCHCOBBLE LLC
This day of ,2017 By:
Name:
Its:
STATE OF MINNESOTA
M11
COUNTY OF MCLEOD
The foregoing instrument was acknowledged before me this day of ,
20 , by , the of HutchCobble LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
F-4
4838-3276-3985\5
EXHIBIT A
Property
Lot 1, Block 1, Prochnow Addition
F-5
4838-3276-3985\5
Exhibit G
Form of Easement Agreement
EASEMENT AGREEMENT
THIS EASEMENT AGREEMENT (this "Easement"), is made this day of
, 2017 by and between the HUTCHCOBBLE LLC, a Minnesota limited
liability company ("Grantor") and the CITY OF HUTCHINSON, a municipal corporation and
political subdivision of the state of Minnesota (the "Grantee"):
WITNESSETH:
WHEREAS, Grantor and Grantee entered into that certain First Amended and Restated
Development Agreement dated , 2017 (the "Agreement"), whereby
Grantee agreed to construct certain improvements including an approximately twenty-four
(24) foot wide access road from Prospect Street to the Grantor's building, retaining wall or other
slope stabilization alternative to facilitate construction of access road and any storm water retention
features constructed by the City (collectively, the "Public Improvements") upon the real property
located in the City of Hutchinson, McLeod County, Minnesota owned in fee by Grantor and legally
described on the attached Exhibit A (the "Property"); and
WHEREAS, in accordance with the terms of the Agreement, Grantee has completed
construction of the Public Improvements and such Public Improvements are the property of
Grantor; and
WHEREAS, Grantor desires to grant an easement over the Property for access to and
maintenance of portions of the Public Improvements on the terms and conditions herein provided.
NOW, THEREFORE, in consideration of the foregoing, the Grantor and Grantee agree as
follows:
1. Easement. Grantor hereby grants Grantee a perpetual easement for access to and
maintenance of the storm -water retention feature as depicted on the attached
Exhibit A (the "Easement Area").
2. Maintenance of Public Improvements. Grantee shall at all times provide all day to
day and long-term maintenance and replacement of the Public Improvements
except as otherwise provided herein. Grantor shall at all times provide maintenance
and upkeep of the retaining pond or storm water retention feature within the Public
Improvements.
3. Runs with the Land. This Easement and the covenants set forth therein shall run
with title to the Property and shall be binding upon all present and future owners
and occupants of the Property.
[Signature pages follow.]
G-1
4838-3276-3985\5
IN WITNESS WHEREOF, the parties have executed this Easement as of the date set forth
above.
EXECUTED ON:
This day of , 2017
CITY OF HUTCHINSON
By:
Name:
Its: Mayor
By:
Name:
Its: City Administrator
STATE OF MINNESOTA )
COUNTY OF MCLEOD )
ss.
The foregoing instrument was acknowledged before me this day of ,
20 , by and 'the Mayor and City
Administrator of the City of Hutchinson, a municipal corporation, on behalf of the municipal
corporation.
Notary Public
G-2
4838-3276-3985\5
EXECUTED ON:
This day of , 2017
STATE OF MINNESOTA
COUNTY OF MCLEOD
HUTCHCOBBLE LLC
By:
Name:
Its:
M11
The foregoing instrument was acknowledged before me this day of ,
20 , by , the of HutchCobble LLC, a
Minnesota limited liability company, on behalf of the limited liability company.
Notary Public
G-3
4838-3276-3985\5
EXHIBIT A
Property Legal Description and Depiction of Easement Area
Lot 1, Block 1, Prochnow Addition
[see attached depiction of easement area]
G-4
4838-3276-3985\5
Exhibit H
Estimated Development Costs
City's Public Improvements and Qualified Costs
Developer's Private Improvements and Qualified Costs
*
TOTAL $
*Denotes Qualified Cost reimbursable with tax increment revenues. The Developer estimates that approximately
$[ of the total Qualified Costs will be reimbursed with tax increment revenues.
H-1
4838-3276-3985\5
TOTAL
$
*Denotes Qualified Cost reimbursable with tax increment revenues. The City estimates that approximately $[---j
of the total Qualified Costs will be reimbursed with tax increment revenues.
Developer's Private Improvements and Qualified Costs
*
TOTAL $
*Denotes Qualified Cost reimbursable with tax increment revenues. The Developer estimates that approximately
$[ of the total Qualified Costs will be reimbursed with tax increment revenues.
H-1
4838-3276-3985\5
No. R-1
Exhibit I
Form of TIF Note
UNITED STATES OF AMERICA
STATE OF MINNESOTA
CITY OF HUTCHINSON
LIMITED TAX INCREMENT REVENUE NOTE OF 2017
PRINCIPAL AMOUNT: $
INTEREST RATE: 4.0%
The CITY OF HUTCHINSON, MINNESOTA (the "City") for value received, promises
to pay, but solely from the source, to the extent and in the manner hereinafter provided, to
HUTCHCOBBLE LLC, or its registered assigns (the "Owner"), the principal sum of
($ ), in semi-annual installments payable on August 1, 2019, and
on each February 1 and August 1 thereafter up to and including February 1, 2040 (each being a
"Scheduled Payment Date"), together with interest on the outstanding and unpaid principal balance
of this Note at the rate of 4.0% per annum. Installment payments shall be applied first to interest
and then to a reduction of outstanding principal. Interest on the outstanding balance of this Note
shall accrue from the date hereof and shall be added to the principal amount on each February 1
and August 1 installment payment date unless paid on such date. Each payment on this Note is
payable in any coin or currency of the United States of America which on the date of such payment
is legal tender for public and private debts and shall be made by check or draft made payable to
the Owner and mailed to the Owner at the postal address within the United States designated from
time to time by the Owner.
This Note is subject to prepayment on any Scheduled Payment Date at the option of the
City, in whole or in part, upon payment to the Owner of the principal amount of the Note to be
prepaid, without premium or penalty.
This Note is a special and limited obligation and not a general obligation of the City, which
has been issued by the City in aid of financing a project pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota, including M.S., Sections 469.174 through
469.1794. This Limited Tax Increment Revenue Note of 2017 (Tax Increment Financing District
No. 4-19) (or "Note") is issued pursuant to the provisions of that certain First Amended and
Restated Development Agreement, dated as of , 2017, as the same may be amended from
time to time (the "Development Agreement"), by and between the City and HutchCobble LLC (the
"Developer").
THIS NOTE IS NOT PAYABLE OUT OF ANY FUNDS OR PROPERTIES OTHER
THAN PLEDGED TAX INCREMENT, AS DEFINED BELOW.
The Note Payment Amounts due hereon shall be payable solely from a portion of the tax
increments generated from the Property within the City's Tax Increment Financing District No. 4-
I-1
4838-3276-3985\5
19 (the "Tax Increment District") within its Development District No. 4, less twenty percent (20%)
of the tax increment retained by the City to (i) pay the City's administrative costs, which
percentage of the increments generated (10%) the City is entitled to retain pursuant to the
provisions of M.S., Sections 469.174 through 469.1794, as the same may be amended or
supplemented from time to time, and (ii) reimburse itself for the costs of the Public Improvements
(as defined in the Development Agreement) related to the Development (as defined in the
Development Agreement) (the "Available Tax Increment"). The City makes no representation or
covenant, express or implied, that the Available Tax Increments will be sufficient to pay, in whole
or in part, the amounts which are or may become due and payable hereunder.
The City shall pay to the Owner on each Scheduled Payment Date all Available Tax
Increment on that date to the extent necessary to pay principal and interest then due and any past
due installment. To the extent that the City is unable to pay the total principal and interest due on
this Note at or prior to the February 1, 2040 maturity date hereof as a result of its having received
as of such date insufficient Available Tax Increment, such failure shall not constitute a default
under this Note and the City shall have no further obligation hereon.
This Note shall not be payable from or constitute a charge upon any funds of the City, and
the City shall not be subject to any liability hereon or be deemed to have obligated itself to pay
hereon from any funds except the Available Tax Increment, and then only to the extent and in the
manner herein specified.
The Owner shall never have or be deemed to have the right to compel any exercise of any
taxing power of the City or of any other public body, and neither the City nor any council member,
officer, employee or agent of the City, nor any person executing or registering this Note shall be
personally liable hereon by reason of the issuance or registration hereof or otherwise.
IT IS HEREBY CERTIFIED AND RECITED that all acts, conditions, and things required
by the Constitution and laws of the State of Minnesota to be done, to have happened, and to be
performed precedent to and in the issuance of this Note have been done, have happened, and have
been performed in regular and due form, time, and manner as required by law; and that this Note,
together with all other indebtedness of the City outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebtedness of the City to exceed any
constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the City Council of the City of Hutchinson has caused this
Note to be executed by the manual signatures of the Mayor and the City Administrator and has
caused this Note to be dated as of 2017.
Mayor City Administrator
I-2
4838-3276-3985\5
Exhibit J
Projected TIF Payment Schedule
J-1
4838-3276-3985\5
PURCHASE MONEY PROMISSORY NOTE
$300,000 Hutchinson, MN 55350
September , 2017
FOR VALUE RECEIVED, the undersigned, HutchCobble, LLC. a Minnesota limited liability company (the
"Developer") promises to pay to the order of the CITY OF HUTCHINSON, a public body corporate and politic (the
"City") the principal sum of Three Hundred Thousand and no/cents ($300,000.00), together with interest thereon as
hereinafter stated.
This Purchase Money Promissory Note (this "Note") evidences the obligation of Developer to pay to City the purchase price
for the property located at 416 Prospect Street NE, Hutchinson, Minnesota, 55350 ("the Property") and legally described
as:
Lot 1, Block 1, Prochnow Addition
pursuant to a Development Agreement ("Development Agreement") dated April 11, 2017.
Monthly installment payments shall commence on November 1, 2019, and continue thereafter on the first day of
each succeeding month, through and including, October 1, 2034. The installment amount shall be One Thousand
Six Hundred Sixty Six and 66/100 dollars ($1,666.66) principal and interest necessary to fully pay the principal
balance of this Note as of the date of payment, with interest at the annual rate. The annual rate shall be equal to Zero
Percent (0.00%).
The purchase price and, therefore, the balance of this Note, will be reduced to zero if the Developer obtains a Certificate of
Occupancy before November 1, 2019 from the City of Hutchinson for a Hotel to be built at the Property.
All payments hereunder shall be applied first to accrued interest and the balance shall be applied to the reduction of the
principal balance evidenced hereunder.
If any installment hereof is not paid when due, or if the Developer shall fail to perform or observe any obligation binding
upon it under any mortgage or security agreement securing this Note or if any default, or event of default, shall occur under
any such agreement, or if the undersigned or any guarantor shall become insolvent, shall die, shall make an assignment for
the benefit of their creditors, or a receiver shall be appointed for any property of any of them or any proceeding shall be
commenced with respect to any item under any bankruptcy or insolvency laws, or if the holder hereof shall at any time in
good faith believe that the prospect of due and punctual payment of this Note is impaired, then (in any such event) the holder
hereof may, at its option, declare the entire principal balance then remaining unpaid on this Note to be immediately due and
payable, and the same shall thereupon be immediately due and payable, together with all interest accrued hereon, without
notice or demand.
This note may be prepaid, in whole or in part, without premium or penalty but with interest accrued to the date of prepayment
on the principal amount prepaid.
To the extent permitted by law, the undersigned agrees to pay all costs of collection, including reasonable attorney's fees
and legal expenses, incurred by the holder hereof in the event this note is not duly paid.
Presentment or other demand for payment, notice of dishonor and protest are hereby expressly waived.
This Promissory Note is secured with a Mortgage on the Property.
HUTCHCOBBLE, LLC, a Minnesota limited liability
company
By its Manager TPHutch 2 LLC, a Minnesota limited
liability company
C
Brian D. Forcier
Its Sole Member
PURCHASE MONEY MORTGAGE
THIS INDENTURE, Made this day of , 2017, between HutchCobble,
LLC, a Minnesota limited liability company, Mortgagor, and the City of Hutchinson, a public body
corporate and politic, Mortgagee,
WITNESSETH, That Mortgagor, in consideration of the sum of Three Hundred Thousand and
no Cents ($300,000.00), to Mortgagor in hand paid by Mortgagee, the receipt whereof is hereby
acknowledged, does hereby convey unto Mortgagee, forever, real property, in McLeod County,
Minnesota, described as follows:
Lotl, Block 1, Prochnow Addition
Together with all hereditaments and appurtenances belonging thereto (the Property).
TO HAVE AND TO HOLD THE SAME, to Mortgagee forever, Mortgagor covenants
with Mortgagee as follows: That Mortgagor is lawfully seized of the Property and have good right
to convey the same; that the Property is free from all encumbrances.
That Mortgagor shall quietly enjoy and possess the same; and that the Mortgagor will warrant and
defend the title to the same against all lawful claims not hereinbefore specifically excepted.
PROVIDED, NEVERTHELESS, That if Mortgagor shall pay to Mortgagee the sum of
Three Hundred Thousand and no Cents ($300,000), according to the terms of a promissory note
of even date herewith (the Note), the final payment being due and payable on the first day of
October 2034, with interest at the rate provided in the Note, and shall repay to Mortgagee, at the
times and with interest as specified, all sums advanced in protecting the lien of this Mortgage, in
payment of taxes on the Property and assessments payable therewith, insurance premiums covering
buildings thereon principal or interest on any prior liens, expenses and attorneys fees herein
provided for and sums advanced for any other purpose authorized herein, and shall keep and
perform all the Covenants and agreements herein contained, then this Mortgage shall be null and
void, and shall be released at Mortgagor's expense.
AND MORTGAGOR covenants with Mortgagee as follows:
1. to pay the principal sum of money and interest as specified in the Note:
2. to pay all taxes and assessments now due or that may hereafter become liens against the
Property before penalty attaches thereto;
3. to keep all buildings, improvements and fixtures now or later located on or a part of the
Property insured against loss by fire, extended coverage perils, vandalism, malicious mischief
and, if applicable, steam boiler explosion, for at least the market value of the property at all
times while any amount remains unpaid under this Mortgage. If any of the buildings,
improvements or fixtures are located in federally designated flood prone area, and if flood
insurance is available for that area, Mortgagor shall procure and maintain flood insurance in
amounts reasonably satisfactory to Mortgagee. Each insurance policy shall contain a loss
payable clause in favor of Mortgagee affording all rights and privileges customarily provided
under the so-called standard mortgage clause. In the event of damage to the Property by fire or
other casualty, Mortgagor shall promptly give notice of such damage to Mortgagee and the
insurance company. The insurance shall be issued by an insurance company or companies
licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance
policies shall provide for not less than ten days written notice to Mortgagee before
cancellation, non -renewal, termination, or change in coverage, and Mortgagor shall deliver to
Mortgagee a duplicate original or certificate of such insurance policies;
4. to pay, when due, both principal and interest of all prior liens or encumbrances, if any, and to
keep the Property free and clear of all other prior liens or encumbrances;
5. to commit or permit no waste on the property and to keep it in good repair;
6. to complete forthwith any improvements which may hereafter be under course of construction
on the Property; and
7. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation
with any third party for the protection of the lien of this Mortgage.
In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and
attorney's fees as above specified, or to insure said buildings, improvements, and fixtures and
deliver the policies as aforesaid, Mortgagee may pay such taxes, assessments, prior liens, expenses
and attorney's fees and interest thereon, or obtain such insurance, and the sums so paid shall bear
interest from the date of such payment at the same rate set forth in the Note, and shall be impressed
as an additional lien upon the Property and be immediately due and payable from Mortgagor to
Mortgagee and this Mortgage shall from date thereof secure the repayment of such advances with
interest.
In case of default in any of the foregoing covenants, Mortgagor confers upon the Mortgagee
the option of declaring the unpaid balance of the Note and the interest accrued thereon, together
with all sums advanced hereunder, immediately due and payable without notice, and hereby
authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell
the Property at public auction and convey the same to the purchases in fee simple in accordance
with the statue, and out of the money's arising from such sale to retain all sums secured hereby,
with interest and all legal costs and charges of such foreclosure and the maximum attorneys fee
permitted by law, which costs, charges and fees Mortgagor agrees to pay.
The terms of this Mortgage shall run with the Property and bind the parties hereto and their
successors in interest.
This is a purchase money mortgage and secures the purchase price for the sale of the Property
by the Mortgagee to the Mortgagor.
IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first
above written.
MORTGAGOR:
HUTCHCOBBLE, LLC, a Minnesota
limited liability company
By its Manager TPHutch 2 LLC, a
Minnesota limited liability company
LN
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Brian D. Forcier
Its Sole Member
The foregoing instrument was acknowledged before me this day of 2017, by
Brian D. Forcier, the Sole Member of TPHutch 2 LLC, a Minnesota limited liability company the
Manager of HutchCobble, LLC, a Minnesota limited liability company, on behalf of the company.
Notary Public
This instrument was drafted by:
Marc A. Sebora
City of Hutchinson
111 Hassan Street SE
Hutchinson, Minnesota 55350
(320) 587-5151
Attorney ID#: 0251239
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Short-Term Gambling License - Crow River Cutters
Department: Administration
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete Yes
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
Consent Agenda
Time Requested (Minutes):
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Crow River Cutters of the National Wild Turkey Federation, a nonprofit organization, has submitted a short-term
gambling license application into administration for review and processing. The application is for an event the
organization is holding from December 1 through December 18, 2017, at Landy Lodge. The applicant has completed
the appropriate application in full and all pertinent information has been received.
BOARD ACTION REQUESTED:
Approve issuing short-term gambling license to Crow River Cutters from December 1 through December 18, 2017.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
111 Hassan Street Southeast
Hutchinson, MN 55350
(320) 587-5151/Fax: (320) 234-4240
City of Hutchinson
APPLICATION FOR GAMBLING DEVICES LICENSE
In provisions of the City of Hutchinson Ordinance No. 655 and Minnesota Statutes Chapter 349
All applications must be received at least 34 days before event in order to be considered
A lication T
Short Term Dates)I,20l - I8 J!•`� Fee: $30.00
Month) /Year-Mon!t (Year
a iaation Information
Name
Phone Number
-6,5 L5soZ
K,,, r-as3zk-'
Address where regular meeting are held City
State Zip
Day and time of meetings? 2t s i>
00 P*A
Is this organization organized under the laws of the State of Minnesota? V I yes
❑ no
How long has the organization been inexistence? 2�7Hew may members in the organization?
What is the purpose of the organization? il-t4c t'bkP, t'r J_ GAME 7W- Ho,-, i
In whose custody will organization records be kept?
N1 tO IL
320
Name
Phone Number
32-1 r Gc Hola-4lissoo
kc, 553tia
Address City
State Zi
AuthorizedDfioer o_f the�anization Information
True Name
3z-1 ST Se
-a%c_ : )s� '., - d.3 '7 5
Phone Number
r-#L;ret+IM<-C,&i %k-tA-1
Residence Address C
Date of Birth: OF, 1 Z,7 Place of Birth:
Monthldtrylyear
Have you ever been convicted of any crime other than a traffic offense?
If yes, explain:
Y Stare
f7'C►cel-?L.+e C,
City
❑ yes t)E(no
City of Hutchinson
Apptiralion for Bingo Gambling Devices License
Page I of 3
render Minnesota Statute
is fa�-C L 1-r
True Name
3�1��t��•r SE
Residence Address
Date of Birth: 0L" / 'L 7
37-0 5E5 3 1-377
Phone Number
��t•rr►��+y�c �: �4.1 S53
Ci
Place of Birth:
City
state Zip
rL, Ab►e[; � )/
Monthldaylyear City state
Have you ever been convicted of any crime other than a traffic offense? ❑ yes )9i1no
If yes, explain_
How long have you been a member of the organization? %� S
Came Information
Location #1
Name of location where game will be played Phone Number
3'e -t> A UE S 6 IAYe^,' S�3so
Address of location where game well be played J City State Zip
Date(s) and/or day(s) gambling devices will be used: 12- ! 0l1ZOt-7 through
AM
Hours of the day gambling devices will be used: From �! '�'' PM To Qa r
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 Apo
If yes, will a chane be made for such refreshments? ❑ ves ❑ no
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? 0 money ❑ merchandise
Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no
If Yes, will a chane be made for such refreshments? ❑ ves ❑ no
Officers of the dr anization (necessary, lest additional names on s.
t A �eom-& L C <-c
Name
. r. c }� rbc. � .-• -� ..-
Title
3Zr beic S7 5F X-eAl
Residence Address
•ter � Z-A:5LE-a
Name
/6 79Z 70S7 4LIr--
Residence Address
City State
Sc�P- 7A � r-`/
Title
.S5.35�
zip
City State Zip
City ofmurchinson
Application for Bingo Gar tiling bevtces License
Page 3 of
Name
Residence Address
Title
/1.Lj
State
Officers or Other Persons Paid for Services Information necess
list additional names on se arate sheet
Name
Title
Residence Address
City
State
zip
Name
Title
Residence Address
City
State
Zip
Name
Title
Residence Address
city
State
zip
Have you (Gambling Manager and Authorized Officer) read, and do you thoroughly understand the provisions of all laws,
ordinances, and regulations governing the operation and use of gambling devices (as outlined in City of Hutchinson
Ordinance 114.20 and Minnesota Statutes Cha er 349)?
GamblingManager �.r ��L�
g � yes ❑ no Authorized Officer u�yes ❑ no
Initial Initial
I declare that the infonnnation I have provided on this application is truthful, and I authorize the City of Hutchinson to
investigate the information sn mitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No.
114.20 relating to gambling I will familiarize myself with the conicats thereof.
Signature of authoriz d of cer o. f organization
Signature
manager of organization
Internal Use Only
City Council 0 approved © denied Notes:
Date
Date
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Airport engineering work order
Department: PW/Eng
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: John Olson
Agenda Item Type:
Presenter: John Olson
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Public Works is requesting the City Council to approve Work Order #2 with Bolton-Menk to engineer and architectural
work in preparation for constructing a T-hangar.
This approval would allow work to begin in time to have an early-season bid date, which will likely result in more
favorable bid pricing. This project is reimbursable under a FAA grant at 90%, with the City's 10% match being $7,500.
This work would be done prior to the grant application, as the intent is to complete construction of a T-hangar. If, for
whatever reason, that were not possible, a grant would be applied for to include costs incurred to-date, including this
work order.
BOARD ACTION REQUESTED:
Approval of Work Order #2 with Bolton-Menk for 2018 T-hangar construction
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost: $ 74,998.00
Total City Cost: $ 7,500.00 Funding Source: Airport construction
Remaining Cost: $ 67,498.00 Funding Source: Federal Aviation Administration grant
November 7, 2017
To: Resource Allocation Committee
From: John Olson, Public Works Manager
City of Hutchinson
Hutchinson Municipal Airport — Butler Field
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234-4219 Fax (320) 234-6971
Subject: Proposed construction of an 8 -unit T -hangar at the Airport
Last year, airports in Minnesota experienced sticker shock for building construction projects.
Prices were significantly higher than expected.
Public Works staff believes this is a result of the timing of FAA grants. FAA grants are not
usually available until late in the construction season. Bids are usually let in May or June for late
summer/fall construction. This is much later than traditional building projects, so the thought is
prices were higher because most builders had already planned their season's work.
Based on these observations, it may be in the City's financial interest to conduct design and bid
administration so bids can be let earlier in the construction season, prior to and contingent upon
receipt of a FAA grant.
Attached is a proposed work order from Bolton & Menk, Inc. for design and bid administration
for a proposed hangar project in 2018. This work order would cover necessary preliminary work,
design of site improvements and the hangar building, and preparation and administration of bids
for the project. The work order cost estimate is $74,998.
This work is eligible for a Federal Aviation Administration (FAA) Airport Improvement Project
(AIP) grant. FAA allocates $150,000 of AIP funds to the City annually, with a maximum
accumulation of $450,000. For this project, the FAA share would be $67,498, and the local share
would be $7,500.
Were the City to pursue this project with the goal of securing better pricing, the cost of the work
would need to be carried into the summer of 2018, prior to a FAA AIP grant becoming available.
Once a grant was secured, the City could reimburse itself for 90% of the project costs.
A decision should be made whether it would be reasonable to carry costs of up to $74,998 until a
grant is received. Based upon the difference in pricing for last year's construction projects for
various airports, this is a risk that may come with at least a commensurate reward.
Until a grant is in hand there is, of course, a risk that the City would not receive a grant adequate
to cover the costs. This appears unlikely, considering the work is eligible under the FAA AIP
grant program. The City's 2018 balance is anticipated to be the full $450,000 maximum allowed
under the program, following repayment of AIP funds that were lent to other airports last year.
Q M& ENK
Real People. Real Solutions.
October 9, 2017
Mr. John Olson
Public Works Manager
City of Hutchinson
1400 Adams Street SE
Hutchinson, MN 55350
RE: Hutchinson Municipal Airport — Butler Field (HCD)
2018 T -Hangar Construction
BM Work Order No.2
Proposal for Professional Services
Dear Mr. Olson,
7533 Sunwood Drive NW
Suite 201,
Ramsey, MiV 55303-5119
Ph: 17631433-2851
Fax: [7631427-0833
Bolton-Menk.com
Bolton & Menk is pleased to submit our proposal for Design and Bid Administration services for the
construction of an 8 -Unit T -Hangar at the Hutchinson Municipal Airport.
This is Work Order No.2 to the Professional Services Contract between the City and Bolton & Menk, Inc.
with contract effective date of April 11, 2017.
Our understanding of the project is the City desires to construct an 8 -Unit T -Hangar southwest of the
existing T -Hangar on the northern end of the Apron.
The T -Hangar will be designed to meet the following minimum standards:
• Pre -engineering metal building.
• Concrete slab and foundations.
• Bi -fold doors.
• 14' door opening clearance.
• Light emitting diode (LED) ceiling lights.
• Electrical receptacles.
• Embedded 4' pedestrian door.
• Truss roof with gutter system.
The dimensions of each T -Hangar unit will be finalized upon completion of a pre -design meeting with
the City.
H:\HUTC\Genera 1\2018T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design(092217).docx 1 of
The T -Hangar will be designed for cold storage. If the Sponsor desires to install liner panels with wall
insulation, this can be completed as an Alternate Bid Schedule.
A Bituminous Apron will be also constructed to tie into the existing pavement southwest of the existing
T -Hangar.
The project will be let for bids in early 2018.
The project will include multiple bid schedules to maximize the available Federal funding. Funding shall
be combination of Federal, State, and Local funds. The anticipated funding participation rates are 90%
Federal, 5% State, and 5% Local.
Construction Administration services will be completed via a separate Work Order.
SCOPE OF SERVICES:
TASK 1: DESIGN & BID ADMINISTRATION
1.1 Project Scoping
Consultant shall confer with the Sponsor on, and ascertain, project requirements, finances,
schedules, and other pertinent matters affecting the project and shall arrive at a mutual
understanding of the scope of services.
Consultant shall coordinate with the Sponsor, FAA, State, subconsultants, and other
applicable agencies to complete the work elements in Task 1.
One (1) preliminary design meeting will be conducted with the Sponsor to review project
requirements. This meeting shall include the Sponsor, Consultant, and Architectural
Subconsultant.
1.2 Topographical Survey
Consultant shall verify existing survey data completed in 2015. It is anticipated survey field
work will require one trip to the Airport by a one-person survey crew. Consultant shall
convert survey date to a CAD format for use in design.
1.3 Geotechnical Investigation
Consultant shall determine the type and frequency of geotechnical testing required for the
project. Field work will be performed by a qualified geotechnical subconsultant. The
geotechnical investigation will include the following:
• Three (3) soil borings to a depth of 15 -feet.
• Three (3) subgrade soil gradations.
H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx
BLALon & Menk i6 air equal opporwnly einniayec 2 of 6
• Three (3) sieve/hydrometer tests.
Geotechnical subconsultant shall submit a report summarizing existing soil conditions, soil
impacts to structure design, footing design, subgrade modulus for slab design, and vapor
barrier recommendations.
1.4 Construction Safety and Phasing Plan (CSPP)
Consultant shall complete FAA Form 7460-1 and the Construction Safety and Phasing Plan
(CSPP), through the FAA's Obstruction Evaluation / Airport Airspace Analysis (OE/AAA)
website portal. The 7460 form and the CSPP will be prepared according to current FAA
guidelines.
1.5 Prepare Modification of Airport Design Standards
Consultant shall complete the FAA Dakota -Minnesota Region's Modification of Airport
Design Standards to allow the use of MN DOT Specifications for certain construction bid
items. The request will be submitted to the FAA prior to completing Preliminary Design
services for review and approval.
1.6 Prepare Preliminary Plans, Specifications, and Cost Estimate
Consultant will prepare preliminary plans. The plan sheets will be limited to those sheets
necessary to carry out the construction of the proposed project.
Consultant shall assemble the technical specifications necessary for the intended work.
Standard FAA and MNDOT Specifications will be utilized where possible. Additional
specifications will be prepared to address work items or materials that are not covered by
FAA or MNDOT Specifications.
Architectural services shall be completed by IS Group from Mankato, MN. Services shall
include architectural, structural, mechanical, and electrical engineering. Construction
specifications shall meet all applicable local, state, and national building code requirements.
Consultant shall prepare preliminary construction cost estimate.
1.7 Final Plans, Specifications, and Cost Estimate
Consultant shall submit 90% plans, specifications, and cost estimate to the Sponsor for
review. One (1) in person design review meeting will be held to review the bidding
documents and discuss Sponsor comments.
The final set of plans, specifications, and cost estimate will be prepared which incorporates
revisions, modifications, and corrections determined during the Sponsor review meeting.
H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx
BoLLon & Menk i6 air equ at oppl E wiwy ei rtulaye+
3of6
1.8 Prepare Disadvantaged Business Plan (DBE)
Since the project is anticipated to use Federal funds in excess of $250,000, the bi-annual
Disadvantaged Business Enterprise goal for the Airport will be updated to reflect the current
project. This task includes research of the current state highway certified DBE listings and
are contractors to determine the availability of potential DBE contractors, preparation of
preliminary construction estimates, and identification of potential DBE work items. The DBE
work goal sheets will be finalized for the Sponsor submittal to the FAA Civil Rights Office.
1.9 Prepare Advertisement for Bids
Required advertisement and bidding dates will be established. Consultant shall submit a
copy to the Sponsor for distribution to local and selected publications of the project. The
Sponsor shall pay for the associated cost of advertising.
1.10 Furnish Bid Documents
Consultant shall prepare, reproduce, and distribute 10 sets of bidding documents for the
project. In addition, electronic copies of the bidding documents will be made available for
download through the Quest Construction Document Network website (QuestCDN). The
Consultant shall keep a current list of plan holders and distribute this to interested parties
upon request. This task also includes coordination required to facilitate these requests.
1.11 Respond to Bidders Questions
During the bidding process, Consultant will be available to clarify bidding issues with
contractors and suppliers, and for consultation with various entities associated with the
project. This item also includes contacting bidders to generate interest in the project.
1.12 Prepare and Distribute Addendums
Consultant shall issue addenda as appropriate to interpret, clarify, or change the bidding
documents as required by the Sponsor, FAA, or the State. Addenda will be made available to
the plan holders either though mail, electronic mail, hand delivering, or via facsimile
transmission.
1.13 Pre -Bid Meeting and Bid Opening
No pre-bid meeting will be scheduled for this project.
Consultant shall attend the bid opening and assist the City with the bid opening process.
H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx
BLALon & Menk i6 air equal opporwnly einnicyu
4of6
1.14 Bid Review and Bid Tabulation
Consultant shall advise the Sponsor as to the acceptability of any subcontractors, suppliers,
and other persons and organizations proposed by the bidders and as to the acceptability of
substitute materials and equipment proposed by bidders. Consultant shall prepare a
spreadsheet that includes all bid items for the purpose of evaluating the lowest bidder.
Consultant shall input the as -bid unit prices into the spreadsheet to verify mathematical
computations of the bids.
1.15 Prepare Recommendation for Awards
Consultant shall prepare a recommendation of award for the Sponsor to accept or reject the
bids as submitted. If rejection is recommended, Consultant shall supply an explanation for
their recommendation and possible alternative actions the Sponsors can pursue to complete
the project. Once the Contract Award is made, Consultant shall distribute the bid tabulations
on the request of the Sponsor.
1.16 Prepare Grant Application
Consultant shall prepare the Federal Grant Application after project design has been
completed and the bids are accepted. Consultant shall submit the Grant Application to the
Sponsor for approval and signatures. After obtaining the necessary signatures, Consultant
will submit copies to the FAA and State for further processing.
COMPENSATION:
The services described above in this proposal shall be completed on an LUMP SUM NOT TO EXCEED
basis of $ 74,998.
SCHEDULE:
We anticipate the work can be performed to the following schedule:
• Design: November, 2017 — February, 2018
• Bid Letting: March, 2018
• Construction: September 2018 —July, 2019 (Contingent upon Federal Grant)
Bolton & Menk, Inc. puts a high priority on ensuring that our company's efforts are consistent with our
clients' needs. If you find this proposal acceptable, please return to me a signed and dated copy of this
document.
H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx
RuUm & Menk ie air equal opportunity einnlayer 5 of 6
Sincerely,
Bolton & Menk, Inc.
,9A4&)1:6P~
Silas Parmar, P.E.
Project Manager
Enclosures:
• Fee Analysis
• Project Sketch
*************************************************************************************
I hereby accept the terms defined in this letter proposal.
Mr. Gary Forcier
Mayor
Mr. Matt Jaunich
City Administrator
H:\HUTC\Genera 1\2018 T-Hangar\Work_Order\HCD-Work Order No.2-THangar Design (092217).docx
Date
Date
BaLlm & Menk ie air equal opportunity einnlayer
6of6
DETAILED WORK PLAN
ESTIMATED PERSON -HOURS AND FEES
SPONSOR: HUTCH NSON MUNICIPAL AIRPORT - BUTLER FIELD (HCD)
PROJECT: T -HANGAR HANGAR CONSTRUCTION
CONSULTANT: BOLTON & MENK, INC.
DESIGN & BID ADMINISTRATION
BOLTON &MENK, INC. I Engineering Fe
TASK 1- DESIGN & BID ADMINISTRATION 1 $74,998.0
Item
No.
Principal/Senior
Project Manager
$180.00
Project
Manager
$148.00
Project Engineer
$110.00
Engineering
Technician
$95.00
Licensed Land
Surveyor
$125.00
Airport Planner
$148.00
Clerical
$75.00
Total
Hours
Cost
Summary
TASK 1- DESIGN & BID ADMINISTRATION
1.1
Project Scoping
1
8
8
0
0
0
0
17
$2,244.00
1.2
Topographical Survey
0
1
0
0
8
0
0
9
$1,148.00
1.3
Geotechnical Investigation
0
1
2
0
0
0
0
3
$368.00
1.4
Construction Safety and Phasing Plan (CSPP)
0
2
8
8
0
0
0
18
$1,936.00
1.5
Prepare Modification of Airport Design Standards
0
12
4
4
0
0
2
22
$2,746.00
1.6
Prepare Preliminary Plans, Specifications, and Cost Estimate
0
24
60
32
0
0
0
116
$13,192.00
1.7
Final Plans, Specifications, and Cost Estimate
0
12
32
16
0
0
0
60
$6,816.00
1.8
Prepare Disadvantaged Business Plan (DBE)
0
4
0
0
0
0
20
24
$2,092.00
1.9
Prepare Advertisement for Bids
0
1
0
0
0
0
2
3
$298.00
1.10
ffurnish Bid Documents
0
0
0
0
0
0
8
8
$600.00
1.11
Respond to Bidders Questions
0
8
0
0
0
0
2
10
$1,334.00
1.12
Prepare and Distribute Addendums
0
4
4
0
0
0
4
12
$1,332.00
1.13
Pre -Bid Meeting and Bid Opening
0
6
0
0
0
0
0
6
$888.00
1.14
Bid Review and Bid Tabulation
0
2
0
0
0
0
2
4
$446.00
1.15
Prepare Recommendation for Award
0
i0
0
0
0
2
4
$446.00
1.15
Prepare Grant Application
0
4
2
0
0
0
4
10
$1,112.00
1.16
Estimated Total Man-hours
1
91
120
60
8
0
46
326
Summary Costs
$180.00
$13,468.00
$13,200.00
$5,700.00
$1,000.00
$0.00
$3,450.00
$36,998.00
Expenses
Rate
Geotechnical Subconsultant -AET
1
$3,000.00
$3,000.00
Architectural Subconsultant - IS GROUP
1
$35,000.00
$35,000.00
Total Expensesl
$38,000.00
TASK 1- DESIGN & BID ADMINISTRATION
$74,998.00.
H:\HUTC\_General\2018 T-Hangar\Work_Order\HCD-Work Order No.2-Hangar Design Fee Analysis (092217).xls
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SEPTEMBER, 2017 FIGURE NO.1
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description
Amount
10/24/2017
198475
MINNESOTA RURAL WATER ASSN
WATER SYSTEMS CLASS - E. LEVINE & M. LIEN
250.00
10/27/2017
EFT572
EFTPS
PAYROLL 10/8- 10/21/2017
63,926.16
10/27/2017
EFT573
Aflac
PAYROLL 10/8 - 10/21/2017
170.41
10/27/2017
EFT574
MN Dept of Revenue
PAYROLL 10/8 - 10/21/2017
12,164.95
10/27/2017
EFT575
PERA
PAYROLL 10/8 - 10/21/2017
47,510.53
10/27/2017
EFT576
TASC-Flex
PAYROLL 10/8 - 10/21/2017
1,886.76
10/27/2017
EFT577
TASC-H S A
PAYROLL 10/8 - 10/21/2017
11,913.00
10/27/2017
EFT578
ICMA
PAYROLL 10/8 - 10/21/2017
2,222.40
10/27/2017
EFT579
VOYA
PAYROLL 10/8 - 10/21/2017
990.00
10/27/2017
EFT580
MNDCP
PAYROLL 10/8 - 10/21/2017
305.00
10/27/2017
198476
MNPEA
PAYROLL 10/8 - 10/21/2017
624.00
10/27/2017
198477
UNUM Life Insurance
PAYROLL 10/8 - 10/21/2017
966.03
10/27/2017
198478
HART
PAYROLL 10/8 - 10/21/2017
662.21
10/31/2017
198479
MINNESOTA DEPT OF NATURAL RESOURCES
WATER CROSSING LICENSE APPLICATION FEE
2,250.00
10/31/2017
198480
HUTCHINSON CO-OP
CEMETERY #1: NEW TIRE
3,179.38
11/10/2017
EFT581
EFTPS
PAYROLL 10/22 - 11/04/2017
63,512.99
11/10/2017
EFT582
Aflac
PAYROLL 10/22 - 11/04/2017
170.41
11/10/2017
EFT583
MN Dept of Revenue
PAYROLL 10/22 - 11/04/2017
12,104.12
11/10/2017
EFT584
PERA
PAYROLL 10/22 - 11/04/2017
47,789.15
11/10/2017
EFT585
TASC-Flex
PAYROLL 10/22 - 11/04/2017
1,886.76
11/10/2017
EFT586
TASC-H S A
PAYROLL 10/22 - 11/04/2017
11,913.00
11/10/2017
EFT587
ICMA
PAYROLL 10/22 - 11/04/2017
2,326.24
11/10/2017
EFT588
VOYA
PAYROLL 10/22 - 11/04/2017
990.00
11/10/2017
EFT589
MNDCP
PAYROLL 10/22 - 11/04/2017
305.00
11/10/2017
198481
NCPERS
PAYROLL 10/22 - 11/04/2017
336.00
11/10/2017
198482
HART
PAYROLL 10/22 - 11/04/2017
662.21
11/14/2017
198483
AARP
OCTOBER SMART DRIVING CLASS - AARP INSTR
260.00
11/14/2017
198484
AASE, LAURA
REFUNDABLE DAMAGE DEPOSIT
300.00
11/14/2017
198485
ACE HARDWARE
VARIOUS R&M SUPPLIES
664.42
11/14/2017
198486
VOID
-
11/14/2017
198487
ACOMATOWNSHIP
GAP REPAIRS ON KOGLIN ROAD
1,418.50
11/14/2017
198488
ALBERTS, LESLIE
REIMB: FOOD FOR PRCE COACHES CLINIC
26.09
11/14/2017
198489
ALPHA TRAINING & TACTICS LLC
POINT BLANK ARMOR, CONCEALABLE CARRIER
909.78
11/14/2017
198490
ALPHA WIRELESS
MONTHLY UHF DISPATCH
53.44
11/14/2017
198491
AMBORN, THERESA
REFUND DAMAGE DEPOSIT - EVENT CENTER
300.00
11/14/2017
198492
AMERICAN BOTTLING CO
MISC BEVERAGES
346.96
11/14/2017
198493
AMERICAN PUBLIC WORKS ASSN
RENEWAL FOR 1/1/18 - 12/31/18
1,000.00
11/14/2017
198494
AMERIPRIDE SERVICES
TOWEL BARS, MOPS, MATS, LAUNDRY BAGS
216.70
11/14/2017
198495
ANCHOR SCIENTIFIC, INC.
SOLO -FLOAT 10' BLUNT
38.92
11/14/2017
198496
ANIMAL MEDICAL CENTER ON CROW RIVER
PROCESSING/BOARDING FEES
911.00
11/14/2017
198497
ARCTIC GLACIER USA INC.
ICE CUBES
369.66
11/14/2017
198498
ARNESON DISTRIBUTING CO
OCTOBER COST OF GOODS - LIQUOR
890.70
11/14/2017
198499
ARROW TERMINAL LLC
CABLE TIES, HEX WASHERS, GROMMETS, LED L
206.65
11/14/2017
198500
ARTISAN BEER COMPANY
OCTOBER COST OF GOODS - LIQUOR
2,804.75
11/14/2017
198501
AUTO VALUE - GLENCOE
3/8 DRIVE SOCKETS
219.94
11/14/2017
198502
AUTOMATIC SYSTEMS CO
ADDED WTP FLOW & CHEM USEAGE TO CICODE S
2,543.45
11/14/2017
198503
AXON ENTERPRISE, INC.
HANDLES, HOLSTERS, BATTERY PACKS, TASERS
4,108.72
11/14/2017
198504
B & C PLUMBING & HEATING INC
MECHANICAL PERMIT PM17-0197 WORK NO LONG
51.00
11/14/2017
198505
BARR ENGINEERING COMPANY
HUTCH RIVER BASIN IMPROVEMENT STUDY: 8/1
3,813.00
11/14/2017
198506
BELLBOY CORP
OPERATING SUPPLIES - MISC
4,724.11
11/14/2017
198507
BERNICK'S
MISC BEVERAGES
270.35
11/14/2017
198508
BETTER HALF EMBROIDERY
SHIRTS W/ EMBROIDERY
262.92
11/14/2017
198509
BIOBAG AMERICAS INC
BIO BAG PROGRAM - 1 YR BAG SUPPLY
8,658.00
11/14/2017
198510
BLUE WATER ENTERPRISES LLC
LADDER 1: EVACUATE A -C SYSTEM REPLACE CO
193.41
11/14/2017
198511
BNO SHEET METAL INC
DUCTWORK FOR DEHUMIDIFIERS - MAT & LABOR
5,000.00
11/14/2017
198512
BRANDON TIRE CO
UNIT#302: DISMOUNT & MOUNT W/ NEW TUBE,
838.66
11/14/2017
198513
BREAKTHRU BEVERAGE
OCTOBER COST OF GOODS - LIQUOR
8,681.87
11/14/2017
198514
BUSINESSWARE SOLUTIONS
OCTOBER Cost per Print
1,959.48
11/14/2017
198515
C & L DISTRIBUTING
OCTOBER COST OF GOODS - LIQUOR
52,300.67
11/14/2017
198516
CALIFORNIA CONTRACTORS SUPPLIES
THERMAL GLOVES - PUBLIC WORKS
539.64
11/14/2017
1198517
CARLOS CREEK WINERY
NOVEMBER COST OF GOODS - LIQUOR
612.00
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description
Amount
11/14/2017
198518
CARS ON PATROL SHOP LLC
LABOR - DECOMMISSION OLD SQUAD #4
1,045.00
11/14/2017
198519
CARTER, RON
REIMB FOR SAFETY GLASSES
100.00
11/14/2017
198520
CENTRAL HYDRAULICS
O -RINGS, SWIVELS, HOSE
371.63
11/14/2017
198521
CHEF CRAIG'S CAFE & CATERERS
RECOGNITION BANQUET 10/26/17
1,922.80
11/14/2017
198522
CHEP RECYCLED PALLET SOLUTIONS LLC
07 - B GRADE 48 X 40
7,237.78
11/14/2017
198523
CIVIL AIR PATROL MAGAZINE
SPACE ORDERED 1/18 PAGE
145.00
11/14/2017
198524
CJW TRUCKING INC
FREIGHT - FRATTALLONES TO CREEKSIDE
300.00
11/14/2017
198525
CORE & MAIN LP
OMNI MTR 1000 GAL; IPERL 1G 3 -TERN SCREW
4,198.95
11/14/2017
198526
CORPORATE MECHANICAL
LABOR/MAT TO REPLACE HONEYWELL SPYDER CO
1,382.00
11/14/2017
198527
CORRAGROUP
CREDIT REPORTS
22.00
11/14/2017
198528
CROW RIVER AUTO & TRUCK REPAIR
OIL CHANGE - PD 2 VEHICLES
69.44
11/14/2017
198530
CROW RIVER GOLF CLUB
EVENT ON 10/19/17, BANQUET OPEN FOOD, CU
536.88
11/14/2017
198531
CROW RIVER PRESS INC
SENIOR NEWSLETTERS
86.14
11/14/2017
198532
CROW RIVER SIGNS
SQUAD 1 & SQUAD 4: GRAPHICS
1,550.00
11/14/2017
198533
CROW RIVER WINERY
OCTOBER COST OF GOODS - LIQUOR
1,401.97
11/14/2017
198534
DAKTRONICS
BASKETBALL SCOREBOARD, DOWNLOAD, SW LICE
322.13
11/14/2017
198535
DOG -ON -IT -PARKS
WASTE STATION & BAG DISPENSER & BAGS, LI
767.10
11/14/2017
198536
DOUGLAS COUNTY SHERIFF'S OFFICE
PROCESS SERVICE: T CRAIG
90.00
11/14/2017
198537
DROP -N -GO INC
OCTOBER MAILING SERVICE AND POSTAGE
2,725.82
11/14/2017
198538
DUDE SOLUTIONS
MAINTENANCE EDGE - ANNUAL CONTRACT
1,389.15
11/14/2017
198539
DUNDEE
VARIOUS FLOWERS
34.99
11/14/2017
198540
DYNA SYSTEMS
CABLE TIES, CRYOBIT
99.48
11/14/2017
198541
E2 ELECTRICAL SERVICES INC
ELECTRICAL R&M AT VARIOUS LOCATIONS
930.41
11/14/2017
198542
ELECTRO WATCHMAN
LIBRARY: CHECKED ALARM PANEL BATTERY & PHONE
147.50
11/14/2017
198543
EMERGENCY MEDICAL TRAINING SPECIALI
EMR TRAINING - 10/3/17
1,350.00
11/14/2017
198544
EMPLOYMENT RESOURCE CENTER
TEMPORARY STAFFING - CREEKSIDE
3,553.26
11/14/2017
198545
ERICKSON ENGINEERING CO LLC
PROJ: SAP 133-109-008 7/2/17 - 9/30/17
8,776.00
11/14/2017
198546
EWERT BROS INC
CAMERA INSPECTION: GOING EAST ON ROBERTS
250.00
11/14/2017
198547
FARM -RITE EQUIPMENT
LENS, GASKETS, BULBS
119.36
11/14/2017
198548
FASTENAL COMPANY
BLACKSTONE CUT OFF WHEEL
65.14
11/14/2017
198549
FAUTH, DAVID A
UB refund for account: 3-486-4160-3-00
202.45
11/14/2017
198550
FRATZKE, MARK E
CITY HOME IMPROV LOAN - HRA
4,616.21
11/14/2017
198551
G & K SERVICES
MATS, TOWELS, COVERALLS, WET MOPS
184.44
11/14/2017
198552
GAUGER, LARRY
UB refund for account: 3-080-2470-0-00
21.40
11/14/2017
198553
GAVIN, DONLEY & OSTLUND, LTD
FLAT FEE AGREEMENT - SEPTEMBER 2017
3,300.00
11/14/2017
198554
GOODPOINTE TECHNOLOGY
PAVEMENT CONDITION SURVEY- STREETS, TRAI
19,040.00
11/14/2017
198555
GOPHER STATE FIRE EQUIPMENT CO.
ABC HYDRO -TEST, O-RING, VALVE STEM
3,249.69
11/14/2017
198556
GRAINGER
REDUCING TEE SOCKET
143.24
11/14/2017
198557
GRO-WELL BRANDS, INC
ALL WEST CEDAR - CREEKSIDE INVENTORY
5,555.74
11/14/2017
198558
HACH COMPANY
FLUORIDE REAGENT SET
984.21
11/14/2017
198559
HANSEN TRUCK SERVICE
LADDER 1- REPLACE FILTER ON FRONT DIFFE
515.65
11/14/2017
198560
HARRINGTON INDUSTRIAL PLASTICS
LABEL PRINTER, STARTER KIT & TAPE ROLL
5,414.25
11/14/2017
198561
HARTFORD, THE
2017/18 INSURANCE - SOLAR ARRAY
5,631.00
11/14/2017
198562
HAWK PERFORMANCE SPECIALITIES
LABOR/MATERIALS/TRAVELTO PAINT ARENA
1,815.00
11/14/2017
198563
HCVN-TV
3RD QUARTER MEDIACOM FRANCHISE FEES
24,102.81
11/14/2017
198564
HILLYARD / HUTCHINSON
CLEANING SUPPLIES / BATTERIES FOR ZAMBONI
4,333.12
11/14/2017
198565
HJERPE CONTRACTING
EMERGENCY REPAIR OF WATER LEAKS
5,549.00
11/14/2017
198566
HOFF, RANDY
ARRANGEMENT FOR STEVEN BORSTAD SERVICE
50.00
11/14/2017
198567
HOHENSTEINS INC
OCTOBER COST OF GOODS - LIQUOR
623.75
11/14/2017
198568
HOLDEN ELECTRIC CO INC
ANNUAL SERVICE -CLEANED BEACON LIGHTAIRPORT
497.50
11/14/2017
198569
HOLT TOUR AND CHARTER INC.
MONDAY, DEC 11, 2017 - COYOTE MOON GRILL
640.00
11/14/2017
198570
HP INC
LAPTOPS -J BURMEISTER AND FD #7
1,940.38
11/14/2017
198571
HUTCH AUTO BODY
2014 EQUINOX: DAMAGE REPAIR - INSUR CLAIM
4,349.98
11/14/2017
198572
HUTCH CAFE
6/28 11 MEALS; 7/25 20 MEALS FOR EDA MEETINGS
277.41
11/14/2017
198573
HUTCHINSON CO-OP
VARIOUS PARTS/SUPPLIES
9,156.54
11/14/2017
198574
HUTCHINSON CONVENTION & VISITORS BU
SEPTEMBER 2017 LODGING TAX
9,861.49
11/14/2017
198575
HUTCHINSON EVENT CENTER
15% FOOD/BEVERAGE CHGS - RECOGNITION EVENT
288.42
11/14/2017
198576
HUTCHINSON FIRE DEPT RELIEF ASSN
HALF OF COST FOR YOUTH FB PIZZA PARTY
140.00
11/14/2017
198577
HUTCHINSON HEALTH CARE
NOV CAM: CREDIT FROM 2016 CAM, USED FOR
794.77
11/14/2017
198578
HUTCHINSON HRA
PROJECT ADMIN REIMB FOR R FRATZKE IMPR L
1,982.40
11/14/2017
1198579
HUTCHINSON LEADER
MONTHLY ADVERTISING/PUBLICATIONS-VARIOUS 1
2,310.16
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description
Amount
11/14/2017
198580
HUTCHINSON SENIOR ADVISORY BOARD
ADVERTISING FOR WEDDING EXPO REIMB
53.69
11/14/2017
198581
HUTCHINSON UTILITIES
OCT UTILITIES OCT 1-NOV 1'2017
83,520.50
11/14/2017
198582
HUTCHINSON WHOLESALE #1550
UNIT 613 - SIGNAL LAMP
118.66
11/14/2017
198583
HUTCHINSON WHOLESALE#1552
SHOP USE: REDUCER
24.03
11/14/2017
198584
HUTCHINSON WHOLESALE #2520
SHOP SUPPLIES: YELLOW SHRINK BUTTS
59.33
11/14/2017
198585
HUTCHINSON, CITY OF
WATER & SEWER 9/1-9/30'17
814.19
11/14/2017
198586
HUTCHINSON, CITY OF
REPLENISH ATM AT CITY CENTER
5,000.00
11/14/2017
198587
I.M.S. SHARPENING SERVICE
CATCH BASIN REPAIR
900.00
11/14/2017
198588
INDIAN ISLAND WINERY
OCTOBER COST OF GOODS - LIQUOR
129.12
11/14/2017
198589
INTERSTATE BATTERY SYSTEM MINNEAPOL
SHOP PARTS
407.43
11/14/2017
198590
ISD423/PRCE
BROCHURE ADVERTISING
275.00
11/14/2017
198591
JACK'S UNIFORMS & EQUIPMENT
LADIES SHIRTS - HOSPITAL SECURITY
108.89
11/14/2017
198592
JEFF MEEHAN SALES INC.
SEPTEMBER 2017 CREEKSIDE COMMISSIONS
762.03
11/14/2017
198593
JESSE TREBIL FOUNDATION SYSTEMS INC
REFUND PERMIT FOR CANCELLED PROJECT
52.62
11/14/2017
198594
JJ TAYLOR DIST OF MN
OCTOBER COST OF GOODS - LIQUOR
5,540.15
11/14/2017
198595
JOE'S SPORT SHOP
T-SHIRTS FOR RECREATION
937.50
11/14/2017
198596
JOHNSON BROTHERS LIQUOR CO.
OCTOBER COST OF GOODS - LIQUOR
29,760.76
11/14/2017
1198597
JOHNSON, SKYLER
REFUND DAMAGE DEPOSIT - EVENT CENTER
300.00
11/14/2017
198598
KAHNKE BROTHERS NURSERY
TREES FOR POLICEMAN'S/EAST RIVER PARKS
2,208.60
11/14/2017
198599
KDUZ KARP RADIO
PRO SPORTS COMBO BILLING
401.00
11/14/2017
198600
KELLER, MATTHEW
SAFETY GLASSES REIMBURSEMENT
100.00
11/14/2017
198601
KERI L WILLIAMS
10/16-10/31: CONTRACT CLEANING
3,344.00
11/14/2017
198602
KEYSTONE INTERPRETING SOLUTIONS INC
CASE INVESTIGATION W/ DEAF ADVOCATE & TR
315.00
11/14/2017
198603
KLOSS, TOM
REIMB FOR ALLEN WRENCHES
13.95
11/14/2017
198604
KNIFE RIVER CORPORATION
1-31317-03 #2 FOR 9/26-10/23'17
122,002.56
11/14/2017
198605
KOHLS SWEEPING SERVICE
10/12 & 10/16 LEVELED WHERE CRUSHER WAS
520.00
11/14/2017
198606
KONERZA, STACY
KARAOKE NIGHT
75.00
11/14/2017
198607
KRANZ LAWN & POWER
CEMETARY MOWERS: KNOBS, DISCHARGE SHIELD
202.67
11/14/2017
198608
KUE CONTRACTORS INC
HRA RENTAL REHAB LOAN: GATEWAY CENTRAL
95,215.50
11/14/2017
198609
KULLY SUPPLY
BUBBLER KIT
23.85
11/14/2017
198610
L & P SUPPLY CO
VARIOUS MOWER/EQUIP SUPPLIES
488.18
11/14/2017
198611
LANO EQUIPMENT OF NORWOOD
DEFLECTORS, HEX BOLTS
33.48
11/14/2017
198612
LIEN, MIKE
REIMB 10/21-10/26'17 - CONFERENCE IN DALLAS TX
1,733.03
11/14/2017
198613
LIND, ERIN
REFUND DAMAGE DEPOSIT - EVENT CENTER
300.00
11/14/2017
198614
LOCHER BROTHERS INC
OCTOBER COST OF GOODS - LIQUOR
38,375.69
11/14/2017
198615
LOGIS
NETWORK THRU9/23/17-VARIOUS
287.50
11/14/2017
198616
LUBE -TECH ESI
FREIGHT CHARGES GRACO CART & PUMP ASSEMB
63.00
11/14/2017
198617
M -R SIGN
SIGNS - STREETS DEPT
500.01
11/14/2017
198618
MATHESON TRI -GAS INC
ACETYLENE LG, HIGH PRESSURE MD
17.52
11/14/2017
198619
MAYTAG LAUNDRY & CAR WASH
SERVICES 9/12 - 9/26 - EVENT CENTER LINEN
280.26
11/14/2017
198620
MCKIMM MILK TRANSIT
FREIGHT CREEKSIDE TO BFG SUPPLY
307.44
11/14/2017
198621
MCLEOD COUNTY COURT ADMINISTRATOR
FTA - DISHONORED CHECKS: S LARSON
600.00
11/14/2017
198622
MCLEOD COUNTY RECORDER
RESOLUTIONS 14744 & 14745
138.00
11/14/2017
198623
MCLEOD COUNTY SOLID WASTE MANAGEMEN
BAG FILM DISPOSAL FROM BAGGING BUILDING
15.00
11/14/2017
198624
MEEKER WASHED SAND & GRAVEL
SAND - CREEKSIDE INVENTORY
1,932.35
11/14/2017
198625
MENARDS HUTCHINSON
VARIOUS R&M SUPPLIES
922.03
11/14/2017
198626
MES - MIDAM
SCBA - SERVICE CALL & TESTS
943.00
11/14/2017
198627
MESSAGE MEDIA
NOVEMBER MONTHLY ACCESS FEE
30.00
11/14/2017
198628
MIDWEST PLAYSCAPES INC.
ROTARY VANDALISM - LIFE FITNESS EQUIP -
668.90
11/14/2017
198629
MINI BIFF
10/4-10/31'17 RENTAL
69.10
11/14/2017
198630
MINNEAPOLIS, CITY OF
APS TRANSACTION FEES FOR SEPT 2017: SECU
62.10
11/14/2017
198631
MINNESOTA DEPT OF AGRICULTURE
2018 SPECIALTY FERTILIZER REGISTRATION R
100.00
11/14/2017
198632
MINNESOTA DEPT OF PUBLIC SAFETY
APPLICATION FEE FOR RETAILERS CARD
20.00
11/14/2017
198633
MINNESOTA SHERIFFS' ASSOCIATION
ADVANCED DATA PRACTICES: CINDY
480.00
11/14/2017
198634
MINNESOTA VALLEY TESTING LAB
BOD, PHOSPH, NITROGEN, FECAL COLIFORM
2,367.70
11/14/2017
198635
MN DEPT OF NATURAL RESOURCES
LICENSE #UWAT011130 - COVERING CERTAIN P
293.00
11/14/2017
198636
MN FALL MAINTENANCE EXPO
FALL EXPO ATTENDEE
300.00
11/14/2017
198637
MORRISON COUNTY SHERIFF'S OFFICE
CR161421 T TISDELL SUBPOENA
100.00
11/14/2017
198638
NELSON, KELLY
REFUND DAMAGE DEPOSIT - EVENT CENTER
300.00
11/14/2017
198639
NERO ENGINEERING
HARMONY LIFT STATION REHAB
2,174.20
11/14/2017
1198640
NEUBARTH, JULI
REFUND NCV & DEC HANGAR RENT
1 80.00
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description
Amount
11/14/2017
198641
NICOLLET COUNTY COURT ADMIN
DAS & SPEED W/ GUILTY PLEA: C SILLIVENT
455.00
11/14/2017
198642
NORTHERN BUSINESS PRODUCTS
VARIOUS OFFICE SUPPLIES
241.20
11/14/2017
198643
NORTHERN SAFETY & INDUSTRIAL
FASTFIT GLOVES
142.77
11/14/2017
198644
NORTHERN STATES SUPPLY INC
LADDER, LO -SIDE BOX
2,339.41
11/14/2017
198645
NORTHERN TIER TRANSPORTATION LLC
FREIGHT CREEKSIDE TO BISMARCK, ND
950.00
11/14/2017
198646
NU -TELECOM
November Phone Service
4,155.13
11/14/2017
198647
O'HARA, LISA
REIMB FOR BOOTS - PD CHAPLAIN
111.99
11/14/2017
198648
O'REILLY AUTO PARTS
VARIOUS AUTO R&M SUPPLIES
334.61
11/14/2017
198649
OBERG FENCE CO
FENCING AND GATES FOR DOG PARK
30,170.00
11/14/2017
198650
OEM SERVICE CO, LLC
MCCLOSKEY SCREENER: MAKE NEW CYLINDER MO
120.49
11/14/2017
198651
OENOPHILIA
DECANTERS, PUMPS, CUPS, VINO GIZMOS, HIG
228.38
11/14/2017
198652
OFFICE DEPOT
VARIOUS OFFICE SUPPLIES
237.47
11/14/2017
198653
OFFICE OF MN IT SERVICES
SEPTEMBER CHARGES
599.97
11/14/2017
198654
OSSEO CONSTRUCTION CO, LLC
L4P16-04: WATER TOWER #3 (FINAL) FOR PER
36,148.00
11/14/2017
198655
PAPER ROLL PRODUCTS
PERFORATED ROLL W/ CUE MARK
164.85
11/14/2017
198656
PAULSON, DEB
REIMB 8/7-10/5'17
290.52
11/14/2017
198657
PAUSTIS WINE COMPANY
OCTOBER COST OF GOODS - LIQUOR
2,206.37
11/14/2017
198658
PEOPLEREADY INC
TEMPORARY STAFFING - CREEKSIDE
3,258.60
11/14/2017
198659
PHILLIPS WINE & SPIRITS
OCTOBER COST OF GOODS - LIQUOR
33,679.66
11/14/2017
198660
PIONEER MANUFACTURING CO
QUIK STRIP ARCTIC WHITE
175.50
11/14/2017
198661
PIONEERLAND LIBRARY SYSTEM
4TH QTR FUNDING 2017
41,660.50
11/14/2017
198662
POSTMASTER
SR NEWSLETTERS - DEC
98.00
11/14/2017
198663
POSTMASTER
POSTAGE FOR UTILITY BILLS
1,600.00
11/14/2017
198664
PRECISION CONCRETE CUTTING
7 LG REPAIRS CITY CENTER; 6 LG REPAIRS L
1,144.00
11/14/2017
198665
PROFESSIONAL WATER TECHNOLOGIES INC
SPECTRAGUARD ANTISCALANT
5,369.00
11/14/2017
198666
QUADE ELECTRIC
MAX BALLAST
140.00
11/14/2017
198667
QUALITY FLOW SYSTEMS
SERVICE CHECK: 12 OF 13 STATIONS (HARMON
1,800.00
11/14/2017
198668
QUILL CORP
KLEENEX, BOUNTY, CENTER PULL TOWEL, LABE
242.25
11/14/2017
198669
R & R EXCAVATING
1_21317-02 #6 FOR 9/26-10/23'17
186,601.18
11/14/2017
198670
RADTKE, ALESHA
REFUND DAMAGE DEPOSIT - EVENT CENTER
300.00
11/14/2017
198671
RANDY'S REPAIR SERVICE
SEMI 805: INSTALL NEW WHEEL SEAL, INSTAL
400.79
11/14/2017
198672
RATH RACING INC
HERTTRAILER: 3 LIGHT BRACKETS
210.00
11/14/2017
198673
REFLECTIVE APPAREL FACTORY INC
PARKAS, SWEATSHIRTS - STREETS & WATER
468.33
11/14/2017
198674
REID, ANDY
REIMB 9/27/17 FOR MILEAGE TO GFOA CONFERENCE
124.12
11/14/2017
198675
RIDGEWATER COLLEGE
EMR REFRESHER 44 PLAN COURSE 9/28/17
1,326.00
11/14/2017
198676
ROSTI CONSTRUCTION COMPANY OF MN
1_61317-06 #2 FOR 9/25-10/23'17
175,914.97
11/14/2017
198677
RUNNING'S SUPPLY
VARIOUS R&M SUPPLIES
733.40
11/14/2017
198678
SAM'S TIRE SERVICE
GRINDER: SERVICE CALL, LABOR; O-RING; SE
230.38
11/14/2017
198679
SCARCELY LTD
HRA DOWNTOWN RENTAL REHAB: G SCHAUST
250.00
11/14/2017
198680
SCHAUST, GEORGE
HRA DOWNTOWN RENTAL REHAB: G SCHAUST
614.00
11/14/2017
198681
SCHIMMEL CONSTRUCTION LLC
HRA DOWNTOWN RENTAL REHAB: G SCHAUST
15,451.00
11/14/2017
198682
SCOTT COUNTY SHERIFF'S OFFICE
SUBPOENA CR161903
70.00
11/14/2017
198683
SEBORA, MARC
REIMB 9/12-10/10'17
136.95
11/14/2017
198684
SEPPELT, MILES
REIMB 9/12-9/22'17
61.16
11/14/2017
198685
SHAW, KAREN
OCTOBER 2017 PILATES/YOGA INSTRUCTION
210.00
11/14/2017
198686
SHORT-ELLIOT-HENDRICKSONINC
2016ANTENNAPROJECTS
7,131.47
11/14/2017
198687
SOUTHERN WINE & SPIRITS OF MN
OCTOBER COST OF GOODS - LIQUOR
24,470.25
11/14/2017
198688
SPECIAL OPERATIONS TRAINING ASSOC
TYLER SCHMELING 2017 BASIC SWAT 5 DAY
795.00
11/14/2017
198689
SPRING LAKE ENGINEERING
WW LIFT STATION CONTROLS: PROGRAMMING TH
9,720.00
11/14/2017
198690
ST. JOSEPH'S ATHLETICS
5TH GRADE VOLLEYBALL TOURNAMENT 10/28/17
85.00
11/14/2017
198691
STAPLES ADVANTAGE
PAPER, TOWEL ROLLS, INK, TOILET PAPER
1,119.45
11/14/2017
198692
SUBWAY WEST
EDA: 2 SANDWICH PLATTERS, 12 COOKIES
74.00
11/14/2017
198693
TAPCO
FOR RADAR SIGNS ON SCHOOL RD: UNIVERSAL
375.12
11/14/2017
198694
TASC
December 2017 Flex Adm. Fees
104.12
11/14/2017
198695
THOMSON REUTERS -WEST
DISCOUNT PLAN CHARGES - LEGAL
1,358.84
11/14/2017
198696
TOWN & COUNTRY TIRE
MOUNT & BALANCE 4 COOPER WEATHER MASTER
802.40
11/14/2017
198697
TRIMBO, DAVID
WORK ON 10/17; 10/30; 10/31'17
945.00
11/14/2017
198698
TRIPLE G COMPANIES
PREP/INSTALL CONCRETE PADS FOR DEHUMIDIF
4,430.00
11/14/2017
198699
TRUE BRANDS
UNIVERSAL BEER RINGS SINGLE REEL
400.97
11/14/2017
198700
TWO WAY COMMUNICATIONS INC
REPROGRAM TRUNKING RADIO
152.50
11/14/2017
1198701
UNITED FARMERS COOP
FUEL
14,077.96
CHECK REGISTER A FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description Amount
11/14/2017
198702
UNUM LIFE INSURANCE CO OF AMERICA
November Life Insurance 2,181.39
11/14/2017
198703
US BANK EQUIPMENT FINANCE
10/20 - 11/20'17 CONTRACT ALLOWANCE 395.03
11/14/2017
198704
VERIZON WIRELESS
SEPT24-OCT23'2017 3,252.89
11/14/2017
198705
VIKING BEER
OCTOBER COST OF GOODS - LIQUOR 21,782.45
11/14/2017
198706
VIKING COCA COLA
MISC BEVERAGES - LIQUOR STORE 729.94
11/14/2017
198707
VINOCOPIA INC
OCTOBER COST OF GOODS - LIQUOR 985.75
11/14/2017
198708
VIVID IMAGE
INSTALL & CONFIGURE LET'S ENCRYPT SSL CE 1,190.00
11/14/2017
198709
WACONIATREE FARMS
2" REDPOINTE MAPLE TREES 2,640.00
11/14/2017
198710
WASTE MANAGEMENT OF WI-MN
REFUSE OCT 1ST-15TH 8,921.09
11/14/2017
198711
WASTE MANAGEMENT-SPRUCE RIDGE LANDF
DUMPED GARBAGE FROM RANGE: THEY COUPED M 13.24
11/14/2017
198712
WATER CONSERVATION SERVICE INC
LEAK LOCATE 10/9/17 @ 207 4TH AVE NE 617.58
11/14/2017
198713
WEST CENTRAL SANITATION INC.
1400 ADAMS - SEPTEMBER 385.12
11/14/2017
198714
WINE COMPANY, THE
OCTOBER COST OF GOODS - LIQUOR 467.30
11/14/2017
198715
WINE MERCHANTS INC
OCTOBER COST OF GOODS - LIQUOR 40.61
11/14/2017
198716
WM MUELLER & SONS - SEPARATE CK
111316-01 FINAL PAY REQUEST #10 83,773.71
11/14/2017
198717
WOLD ARCHITECTS & ENGINEERS
MASTER FACILITIES PLANNING: REIMBURSABLE 120.38
11/14/2017
198718
WRIGHT COUNTY SHERIFFS OFFICE
MILEAGE & SERVICE: CP201701692 B FIECKE 88.00
11/08/2017
1198719
DODGE OF BURNSVILLE
2017 DODGE GRAND CARAVAN - IT DEPT 21,282.00
Total - Check Disbursement
1,728,314.47
CHECK REGISTER B FOR CITY OF HUTCHINSON
CHECK DATE FROM 10/25/2017 - 11/14/2017
Check Date
Check
Vendor Name
Description Amount
11/14/2017
198529
CROW RIVER GLASS
LEXON WITH HOLES 102.47
Total - Check Disbursement
102.47
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Discussion on Proposals of the Preservation of Historical City Plats
Department: Administration
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
Communications, Requests
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
A few weeks back, staff was directed by Council to look at ways to preserve the historic city plats in the city council
chambers. Attached is a proposal from the McLeod County Historical Society to preserve these plats. The cost to do it
is minimal and that is not the reason behind the need for a discussion. The question that staff is raising with the
Council is whether or not we want to donate the original plat maps to the Museum or retain them. Staff has received
mixed messages on where the Council would like to go with this. If we donate them, we will receive a digital copy of
the image for personal use.
BOARD ACTION REQUESTED:
No action sought. Just discussion.
Fiscal Impact: $ 290.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
City of Hutchinson Plat daps:
The McLeod County Historical Society and Museum would like to let the Council
know that the two original town plat maps of Hutchinson, MN may be damaged
by the following in their current location and display methods:
• Ultra Violet rays from interior lights -this will overtime fade the printing on
the paper and it will disappear.
• Hanging Stress from gravity -hanging the maps on the wall adds stress to the
fibers of the paper and over time the paper will tear at the stress points.
• Acidic Exposure -Adhesives or other mounting/framing techniques can
cause the paper to dry out and become brittle overtime due to the
migration of acid from one item pressed against the maps.
• Temperature and Humidity Fluctuation -Although I would have to take
readings over a year at day and evening intervals to know if the maps could
be suffering ill effects from this, paper is very susceptible to damage with
the fluctuation of temperature and humidity. The more stable and
constant the temperature and humidity can be kept throughout the year
the aging process of the paper can be slowed.
McLeod County Historical Society and Museum staff would recommend the
following steps to ensure the prolonged life of the original Hutchinson Plat Maps:
• Remove the Plat Maps from their current frames/mats, being tremendously
careful and aware that any adhesive products that may have been used
need to be removed using paper conservation methods.
• High Resolution, (1200 to 2400 dpi) scans or photos of the Plat Maps should
be taken and along with their history, provenance information,
measurements and a detailed condition report should be taken to prevent
handling and regulate their preservation plan in the future.
• Create a custom Mylar enclosure that is at least two inches wider than the
actual document and allows for air circulation and uses no adhesive,
creates no holes or damage of any sort to the maps. (Rule of thumb, never
do anything to a piece that cannot be undone.)
• The Encapsulated Maps should then be placed in acid free boxes or custom
made envelopes. I would recommend two metal edge acid free boxes,
stored flat in a dry temperature and humidity controlled space.
Currently when artifacts like the Plat Maps are donated to the Museum, the
Museum will cover all supply and labor costs to do the above_ The Maps would
then be stored in our archive that can be accessed by the public via our research
library, or the images and history via our online website and in-house database.
As a thank you to the donor, Museum staff will create a digital copy of the image
for the donor's personal use.
If the donor wishes to retain the original, the Museum will take a high resolution
scan or photo of the artifact for our records and to share with the public. The
Museum will do the preservation work for the donor at a cost for supplies and
labor.
The cost to preserve the two Hutchinson Plat maps would be:
• Mylar with breathable enclosures on three sides -$50.00
• Two Acid Free Metal Edge boxes -$180.00
• Shipping -$20.00
• Labor to remove from the frame/matting and custom encapsulation -$40.00
Total Cost: $290.00
If you have any questions, please feel free to contact me via email or phone
below:
Lori Pickell-Stangel
MCHS Executive Director
320-587-2109
asa@hLitchtel.net
Recommendations and Guidelines for Preservation
Damage Caused by Displays
Acidic Storage: "Some of the deterioration that items in storage suffer is caused by the acids
and other harmful substances in the containers, supports, and mounts that are used to protect
them. These harmful substances migrate from storage materials into the items, causing such
problems as discoloration, corrosion, and embrittlement. For example, discoloration caused by
an acidic window mat can disfigure and hasten the deterioration of a drawing on paper that has
been matted and framed."
-Storage Containers, Supports, and Mounts. Conservation Office of MNHS
Light Damage: "Any exposure to light, even for a brief time, is damaging, and the damage
cannot be reversed. Although all wavelengths of light are harmful, ultraviolet (IJV) is particularly
harmful. One of the most common sources of UV is the sun. Certain types of lamps, such as
fluorescent tubes, also emit high amounts of UV energy and should be avoided. If they cannot
be avoided, they can be filtered with relatively inexpensive plastic filtration films that reduce
UV emissions."
-80sic Preservation Considerations. How Much Light Is Too Much? Conservation Office of MNHS
Proper Storage
Boxes or Drawers: "Oversize materials, such as maps and large prints, are best stored flat in the
drawers of map cases or in large covered boxes. Place the items in folders, and cut all the
folders to fit the size of the drawer or box. Allow adequate room where oversize materials are
stored to remove them safely from drawers or shelves, and make sure there is a place to put
them down once they are removed."
-paper: Oversize Items. Conversation {office of MNHS
Acid -Free: "Folders, envelopes, tissue, and papers for interleaving sheets should be lignin -free
and made of chemically stable fibers. The board for boxes should also be lignin -free and
chemically purified. The board used for matting drawings and other sorts of items should be a
100 percent cotton or linen rag board or an otherwise lignin -free, chemically purified
conservation mounting board. Tapes for making mats, folders, and boxes should be chemically
stable, non -staining, and free of damaging components if possible. Such materials commonly
are described as acid -free. It is important to be aware that not all paper based materials are
acid -free. Standard museum preservation practice maintains, however, that only acid -free
materials should be used."
-Storage Containers, Supports, and Mounts: Paper -Based Storage Materials Should Be Acid -
Free. Conservation Office of MNHS
Substitutions
"Substitution works especially well for paper items. While all materials are susceptible to the
environmental and security hazards presented by display, paper is particularly vulnerable.
Many items made of paper are easy to copy, and thanks to new technologies, the copies look
similar to the original. Some examples follow:
• High-quality laser color copiers produce excellent substitutes of documents,
newspapers, book pages, and some art on paper. If the substitute is made on a sheet of
paper that is similar in texture to the original, it is even more convincing. Check your
telephone directory for a copy service in your area.
• A substitute of a photograph can be made from the original negative, if it is available
and in acceptable condition, or from a copy negative, if that is available. If not, it can be
made from the original print. This latter alternative will give you a copy negative to keep
for future use. Often a local photographer can do this.
* Digital scanning technology also can be used to produce substitutes of documents,
newspapers, book pages, photographs, and some art on paper. This technology allows
the image to be manipulated in a variety of ways so that blemishes and evidence of
physical damage can be lessened if this is deemed appropriate."
-Display: Use of Substitutions. Conservation Office of MNHS
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: CITY COUNCIL AUTHORIZATION TO APPLY THE MINNESOTA INVESTMENT
Department: EDA
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Miles R. Seppelt
Agenda Item Type:
Presenter: Miles R. Seppelt
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
Staff is requesting City Council authorization to apply to the Minnesota Department of Employment & Economic
Development for business assistance funding through the Minnesota Investment Fund (MIF) grant program on behalf
of UPONOR.
This funding would be used to encourage and assist UPONOR with establishing business operations in the City of
Hutchinson, leading to significant job creation.
If you have any questions or need additional information, please give me a call anytime at 234-4223.
BOARD ACTION REQUESTED:
Approval of Attached resolution.
Fiscal Impact: $ 0.00 Funding Source: N/A
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION # 14803
AUTHORIZATION TO APPLY TO MINNESOTA INVESTMENT FUND
BE IT RESOLVED that the City of Hutchinson act as the legal sponsor for the project contained in
the Minnesota Investment Fund Application to be submitted on or about November 30, 2017
and that the City Administrator and the Economic Development Director are hereby authorized
to apply to the Department of Employment and Economic Development for funding of this
project on behalf of City of Hutchinson.
BE IT FURTHER RESOLVED that the City of Hutchinson has the legal authority to apply for financial
assistance, and the institutional, managerial, and financial capability to administer the proposed
project.
BE IT FURTHER RESOLVED that the City of Hutchinson has not violated any Federal, State, or local
laws pertaining to fraud, bribery, kickbacks, collusion, conflict of interest or other unlawful or
corrupt practice.
BE IT FURTHER RESOLVED that upon approval of its application by the State, the City of
Hutchinson may enter into a Grant Contract with the State of Minnesota for the approved
project, and that the City of Hutchinson certifies that it will comply with all applicable laws,
statutes, regulations and rules as stated in the Grant Contract and described in the Project
Compliance Certification of the Application.
AS APPLICABLE, BE IT FURTHER RESOLVED that the City of Hutchinson has obtained credit reports
and credit information on UPONOR. Upon review by the City of Hutchinson and its City Attorney,
no adverse findings or concerns regarding, but not limited to, tax liens, judgments, court actions,
and filings with state, federal and other regulatory agencies were identified. Failure to disclose
any such adverse information could result in revocation or other legal action.
NOW, THEREFORE BE IT RESOLVED that the City Administrator and the Economic Development
Director, or their successors in office, are hereby authorized to execute the Grant Contract and
amendments, thereto, as are necessary to implement the project on behalf of the City of
Hutchinson.
I CERTIFY THAT the above resolution was adopted by the City Council of the City of Hutchinson
on November 14, 2017.
Mayor, Gary Forcier
ATTEST:
City Administrator, Matt Jaunich
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: MnDNR License For Utility To Cross Public Waters
Department: PW/Eng
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Kent Exner
Agenda Item Type:
Presenter: Kent Exner
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 5
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
The City of Hutchinson is in the process of obtaining a license to install a water main underneath the South Fork of the
Crow River south of the 2nd Ave SE bridge. The water main will be directionally drilled underneath the river which
requires a 50 year license with the Department of Natural Resources (DNR) to own/operate a utility on DNR managed
lands. This construction method is considered "low impact" and is a preferred method by the DNR for installation of a
utility such as this.
The City has submitted an application to install the water main under the river and it is currently being reviewed by
DNR Lands and Minerals staff. That application will be attached, upon its approval, to the License being considered
here.
City staff will provide an overview of the water main project and will be available at the meeting to answer any
questions.
BOARD ACTION REQUESTED:
Approve/Deny MN DNR "License For Utility To Cross Public Waters".
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 0.00
Total City Cost: $ 0.00 Funding Source:
Remaining Cost: $ 0.00 Funding Source:
MDEPARTMENT OF
i NATURAL RESOURCES
November 1, 2017
John Paulson
City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
RE: License # UWAT011130
Legal Description: Covering certain public water in McLeod County
Dear Licensee:
Enclosed is one copy of the above license for execution by your company. The application is not
included in this mailing but will be made a part of the final license when completed. This liquids
pipeline license is for a 50 year period commencing on November 1, 2017.
Please comply with the following concerns:
1. Inspect and clean all equipment prior to bringing it to the project areas to prevent the
introduction and spread of invasive species. Refer to the attached information sheet on
equipment cleaning and Best Practices far Preventing the Spread of Aquatic Invasive
Species and refer to Term 5. C. of the license.
2. Use effective erosion prevention and sediment control measures to protect land and
waters of the state. Refer to Term 3 of the license.
3. Use only wildlife -friendly erosion control materials (non -plastic, non -welded, and not
chicken wire). Refer to the attached information sheet on Wildlife friendly Erosion
Control.
4. Re -vegetate disturbed soil with native species suitable to the local habitat immediately
after construction completes. Refer to the attached standard State Seed Mixes and refer
to Term 3 of the license.
5. Use only weed -free mulches, top soils, and seed mixes. Refer to Term 3.C. of the license.
Minnesota Department of Natural Resources • South Region • Division of Lands and Minerals
21371 State Highway 15, New Ulm, MN 56073
License # UWAT011130
Page 2
Please have the license document signed by the proper officials of the company. Return the
license to this office for execution by the State along with a check for $293.00 made payable to
the department of Natural Resources. Payment is for the term of the license. Within two or three
weeks, one executed license form complete with application and attachments will be sent to you
for your files.
If you have any questions, please contact me at 507-359-6072 or email me at
karla.ihns@state.mn.us.
Sincerely,
"ia 'QT�
Karla ihns
Real Estate Technician
cc: Army Corps of Engineers
MINNESOTA DEPARTMENT
OF NATURAL RESOURCES
LICENSE NUMBER UWAT01 1130
COMPANY PROJECT NO: L2 P18-02
LICENSE FOR UTILITY TO CROSS PUBLIC WATERS
This license is issued by the State of Minnesota, acting by and through its commissioner of natural resources,
and hereafter called the "State", under authority and subject to Minnesota Statutes, section 84.415, and Minnesota
Rules Chapter 6I35 and other applicable law, to the Licensee as named and for the fee and term as specified below.
Name and Address of Licensee: City of Hutchinson
11 I Hassan Street SE
Hutchinson, MN 55350
License Fee: Two Hundred and Ninety Three and NO/I00 Dollars ($293.00)
Term (years): 50 Years
Effective Date: November 1, 2017
Expiration Date: October 31, 2067
Purpose of License: Construction, maintenance and operation of a liquids pipeline under water under the covenants and
agreements of the Licensee to use the following described waters:
That part of the following descriptions as shown on the attached application and map, all of which are made a part
hereof by reference.
NE 1/4 NE 'A in Section 6, Township 116 North, Range 29 West, in McLeod County
This license is granted subject to the following provisions:
1. Use of premises.
A. This license is subject to the provisions of Minnesota Statutes, section 84.415 and Minnesota Rules Chapter
6135. All standards of Chapter 6135 are incorporated as terms and conditions of this license, except such
variations as are identified and approved by the State in the license applications, plans and specifications
which are attached and made part of the terms and conditions of this license. The Licensee is bound by the
crossing location and installation method as detailed in the application and approved by the State. The
Licensee shall not deviate from the terms and conditions of this license or the application as approved by the
State unless it has first obtained written permission from the State.
B. When the installation occurs more than six months after the issuance of the license, the Licensee shall contact
the State 20 days prior to installation.
C. No merchantable timber shall be cut, used, removed or destroyed without first paying the State the timber
value in the sum stated above as determined by the State. Slash material on state water crossings must be
disposed of within 30 days of clearing activities.
D. For overhead crossings of state waters, lines shall have a minimum clearance of 25 feet above the water, unless
otherwise approved by the State.
E. When directed by the State as a condition of the license, flight diverters shall be placed on overhead utility
lines.
F. Any cable or conduit located at a shoreline shall be sufficiently buried so that it does not become exposed.
G. When directed by the State as a condition of the license, underwater crossings shall be marked by permanent
signs on the banks at the points where the line enters and leaves the public waters.
H. To protect fish spawning activities, the State may prohibit work in the public water or within a specified
distance of the public water during the spawning season.
License Number UWAT011130
1 of 5
2. State's rights and reservations. The use of these waters by the Licensee in constructing or maintaining the lines
for which this license is granted shall be subject to the use, sale, or leasing for mineral or other legal purposes.
The Licensee will not cause any unnecessary hindrance to the activities of the State and shall allow access across
the license area by the State when needed.
Erosion and Revegetation.
A. Erosion control measures shall be adequately designed for site characteristics. They shall be installed prior to
commencement of construction and maintained for as long as needed. All erosion control measures installed
next to a water body shall run parallel to the contours.
B. All disturbed areas shall be restored to original contours and elevations and stabilized as soon as possible
following construction. Areas of subsidence and crowing shall be repaired. Topsoil shall be reserved on site
and used to re -dress disturbed areas.
C. All disturbed areas shall be revegetated using state approved seed mixes. All seed and plant materials shall be
certified weed -free. Weed -free straw or hay shall be used for mulching and erosion control. Native species
plants should be used, whenever possible, to revegetate disturbed areas. This revegetation should occur as
early in the season as possible to permit adequate regrowth.
D. The Licensee shall monitor revegetation at state water crossings until the site is stabilized and the vegetation is
self-sustaining. Where severe or repeated damage is occurring or where measures have not been successful,
preventative and corrective actions shall be taken by the Licensee, including construction of appropriate
barriers, installation of warning signs, and other methods in consultation with the State.
E. The Licensee shall routinely inspect for erosion that may develop during the term of the license. Areas of
erosion shall be stabilized by the Licensee.
F. If a disturbed area cannot be stabilized with vegetation before September 15 in the year that the utility was
installed, the Licensee shall submit a written site stabilization plan to the State for approval. This plan shall
describe erosion control, mulching, dormant seeding and monitoring. Seeding shall occur as soon as soil
conditions are suitable.
G. Excavated materials shall not be deposited or stored alongside public water in a manner where the materials
can be redeposited into the public water by reasonably expected high water or storm run-off.
Herbicides and Pesticides.
A. The Licensee must request and obtain written permission to apply herbicides or pesticides to state waters from
the State prior to treatment. This request shall consist of (1) a map identifying proposed treatment areas and
(2) a description of the proposed treatment plan, including target species, herbicide or pesticide name, rate of
application, a description of application method, and beginning and end dates. All applications must be
according to label regulations and as otherwise specified by the State. The Licensee shall not apply pesticides
that are restricted for use on certified state forest land administered by the State.
B. The Licensee must submit annual reports detailing herbicide or pesticide application on areas covered under
the license. The report must include the dates, acres, location expressed as quarter -quarter section, township
and range, herbicide or pesticide used, target species, and such other information as may be reasonably
required by the State for the purpose of verifying herbicide or pesticide use.
C. The Licensee shall post all places commonly used by the public for access along the utility corridors treated
with herbicides or pesticides.
Invasive Species.
A. The Licensee shall inspect all state water crossings for the presence of invasive species and noxious weeds
prior to commencing clearing activities and take action to prevent their spread. For installation of the utility
line, the State will identify on a map the known infested sites to be avoided. For maintenance and operation,
the Licensee is responsible for obtaining updated information on known infested sites.
B. If the State or the Licensee discover additional invasive species infestation areas on state water crossings
during construction, the Licensee shall immediately take action to prevent spread from the newly discovered
infested area and then consult with the State on a resolution.
License Number UWATOI 1130
2 of 5
C. The Licensee shall prevent invasive species from entering into or spreading within state water crossing by
cleaning equipment and clothing prior to arriving at the license area. The Licensee shall legally dispose of
material cleaned from equipment and clothing at a location offsite and the materials must be secured prior to
transport to avoid dispersal.
D. Whenever possible, parking, staging areas and travel routes shall not be within known infested sites. Where
there are multiple state water crossings and at least one contains invasive species, the Licensee shall to the
extent practicable start work at the site with the fewest number of invasive plants, leaving the most heavily
infested sites to last. The Licensee shall make every effort to schedule operations and site visits to avoid the
spread of weed seed.
E. The Licensee shall continue to control invasive species on state water crossings for the terms of the license
using methods approved by the State.
6. Crossing of State Trail,
A. The location of any crossing of a state trail must be approved in advance by the State. The State may provide
written instructions as to specific construction standards to be followed for the crossing of the state trail.
B. Utility installation and maintenance activities shall be conducted in a manner so as to minimize disturbance of
state trail use and to separate the public from work areas. The Licensee must provide signs to warn state trail
users of construction hazards.
C. The Licensee is responsible for repairing any damage to the state trail in a manner satisfactory to the State.
D. For maintenance and operations, prior approval must be obtained from the State for the cutting or trimming of
trees within the state trail right-of-way.
E. The Licensee may not close the state trail right-of-way without the prior written approval of the State.
Maintenance, operations and repairs.
A. The Licensee must keep the premises in a neat and orderly condition, and shall remove all refuse and debris
that may accumulate thereon.
B. After initial installation, no merchantable timber shall be cut, used, removed or destroyed by the Licensee
without first contacting the State at least 60 days in advance to determine if a timber payment is needed. Slash
material on state water crossings must be disposed of within 30 days of maintenance activities.
C. Emergency repairs and replacements may be made without prior notification to the State by the Licensee
according to conditions and standards prescribed by Minnesota Rules, Chapter 6135 and the method of
installation identified in this license. The Licensee shall notify the State of this activity as soon as practicable.
D. The Licensee shall employ appropriate erosion and sedimentation measures at the site during any emergency
repairs. The State must approve plans for restoration of the site after the emergency repairs are conducted.
E. Other than the herbicide or pesticide application reporting as provided in paragraph 4, the Licensee shall notify
the State of the extent and method of any routine maintenance and the proposed schedule. The notification
must be in writing and must be provided either annually or at least 20 days prior to commencing any routine
maintenance work on state water crossings subject to this license, The Licensee shall include a specific
description of the proposed maintenance activities including location, clearing methods, erosion and
sedimentation control measures, removal of merchantable timber, revegetation plans, and plans for preventing
the spread of invasive species. The Licensee may commence any routine maintenance work unless notified to
the contrary by the State within 20 days after the State's receipt of the maintenance plan. The State may
require the Licensee to adjust its maintenance plans due to natural resource management concerns.
State inspection. The project hereunder shall at all times during and after construction be subject to inspection by
the State and for that purpose the Licensee shall grant access to the premises at all reasonable times.
Compliance with laws. The Licensee shall comply with all federal, state and local laws and regulations,
including municipal ordinances, affecting said lands or the area in which they are situated.
License Number UWAT011130
3 of 5
10. Taxes and assessments. The Licensee will pay when due all taxes and assessments levied against said waters or
any improvements owned, used, or controlled by the Licensee, provided that the taxes or assessments are imposed
due to this license.
11. Enforcement. No delay by the State in enforcing any of the conditions of this license shall operate as a waiver of
any of its rights.
12. Liability. This license is permissive only. No liability shall be imposed upon or incurred by the State of
Minnesota or any of its officers, agents, or employees, officially or personally, on account of the granting of the
license or on account of any damage to any person or property resulting from any act or omission of the Licensee
or any of its agents, employees, or contractors relating to any license matter. This license shall not be construed as
estopping or limiting any legal claims or right of action of any person against the Licensee, its agents, employees,
or contractors for any damage or injury resulting from any such act or omission, or as estopping or limiting any
legal claim or right of action of the State against the Licensee, its agents; employees, or contractors, for violation
of or failure to comply with the provisions of the license or applicable provisions of law. The Licensee shall
indemnify and hold harmless the State from all claims arising out of the Licensee's use of the above described
lands whether such claims are asserted by civil action or otherwise.
13. Termination and cancellation.
A. At the end of the license period and if both parties wish to renew, the renewal fee will be determined by the
State.
B. This license shall be cancelable upon reasonable notice by the State for violation of any of its terms, or if at
any time its continuance will conflict with a public use of the land over or upon which it is granted, or for any
other reason_ Licensee shall ensure that Licensee's employees, agents and contractors have received and
thoroughly understand all conditions of this license.
C. Unless otherwise authorized by the State, upon the surrender, expiration or cancellation of this license, the
Licensee shall remove from the above described lands all the utility lines and related structures owned by it. If
Licensee does not remove such lines or related structures, all such lines or structures remaining shall become
the property of the State, to be used or disposed of as the State elects. If the State requires the Licensee to
remove utility lines and related structures and Licensee fails to do so, the Licensee agrees to pay the State for
the costs of removing and disposing of such lines or structures.
14. Assignment or transfer. The Licensee shall not without the State's prior written consent: a) assign, convey or
otherwise transfer this license or any interest under it; b) sublet the license corridor or any part thereof, or c)
permit the use or occupancy of the license corridor or any part thereof by anyone other than the Licensee. This
license shall extend to, and bind the successors, heirs, legal representatives and assigns of the Licensee, if any.
The State may require a party who has requested to sublet, use or occupy the license corridor to obtain a separate
license from the State prior to occupying or using the license corridor.
15. Reports. The Licensee must submit reports on herbicide and pesticide use as provided in paragraph 4 and
maintenance and repair work as provided in paragraph 7.
16. Contacts. The contact for the State is the Regional Lands and Minerals Operations Supervisor, who is Cheryl
Kelley -Dobie at 218-308-2627. Any questions about this license shall be directed to the Regional Lands and
Minerals Operations Supervisor. The Regional Lands and Minerals Operations Supervisor may direct the
Licensee to contact additional State staff for reviews and approvals.
License Number UWAT01 1130
4 of 5
17. Special provisions. This license is subject to the SPECIAL PROVISIONS attached hereto (if none, state none).
None.
ACCEPTED AND ACKNOWLEDGED
CITY OF HUTCHINSON
Licensee(s)
By
Gary Forcier
Title Mayor
By
Matthew Jaunich
Title _ City Administrator
Date 11/14/2017
Form approved by Lands and Minerals Division, DNR. March 5- 2015.
STATE OF MINNESOTA
DEPARTMENT OF NATURAL RESOURCES
By
Date
Regional Lands and Minerals Operations
Supervisor
License Number UWATOI 1130
5 of 5
HUTCHINSON CITY COUNCIL c`=y-f 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Approve/Deny Directing Staff to Develop a Plan for Gateway Park
Department: Administration
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
New Business
Time Requested (Minutes): 10
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OFAGENDA ITEM:
At our last meeting Council Member Cook brought up the idea of developing a plan for Gateway Park. Following a
short discussion, the City Council asked for an item to be placed on this agenda for discussion/action on developing
that plan. I've attached a drawing from our Imagine Hutchinson plan showing this initial concept back in 2013.
Staff will be looking for direction on this item Tuesday night.
A couple of things to keep in mind as you consider this item:
-- The current site proposed for Gateway Park is located within a floodplain. Staff looked at this during our wayfinding
study and it was determined that because of the floodplain issue the construction of a structure at the site would be
extremely difficult with the likely need to "build up" the site.
-- If the City implements a multi-use trail along the west side of the TH 15 bridge (study currently being completed),
then ideally there would be extensive bike parking at this location with destination info/kiosk. Also, the northerly limits
of the 2020 reconstruction project will be adjacent to this site, but shouldn't significantly impact it.
-- Depending on what we are looking at in regards to a budget and a time line, if it's over $10,000, we should look to
include it in our Capital Improvement Plan.
-- In 2015 we did a Levee Area Walkway study in this same area. Are we looking to have this be a completely
separate project from that one, or do we want to incorporate that project into this one as well?
BOARD ACTION REQUESTED:
Approve/Deny Directing Staff to Develop a Plan for Gateway Park
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
ra anauny uvn 1-1119 water
Potential housing above
Permeable paving for parking
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#2. Townhomes or Mixed -Use
Walk-up townhomes
Parking under unit with alley access
Provide views of Crow River
K_
#3. Gateway Park
Public restrooms
fi
Wayfinding and signage for downtown
Mural and garden areas
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Figure 5.11: Potential housing and mixed use
....................................................................................................................................................................................
HUTCHINSON DOWNTOWN VISION AND ACTION PLAN 75
HUTCHINSON CITY COUNCIL c`=y-f 0' a_ �
Request for Board Action 79 M-W
Agenda Item: Calling a Special Workshop Meeting for 4:00 pm on November 28
Department: Administration
LICENSE SECTION
Meeting Date: 11/14/2017
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
New Business
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OFAGENDA ITEM:
In early October, the City Council was approached about putting up a digital sign in Library Square. As a follow up to
that request, the Council asked that a workshop be held to discuss the merits of the sign and the possibility of
amending our sign ordinance to allow for the sign.
Along with discussion on the Library Square sign, Council Member Cook has asked if we could talk about an extra
contribution to the Center for the Arts at this workshop as well.. So the workshop will be two-fold. One is to discuss the
library square sign and the other is to discuss an extra contribution to the Center for the Arts.
BOARD ACTION REQUESTED:
Approval of calling a special workshop meeting for 4:00 p.m. on November 28
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
Library Board Meeting Minutes
September 25, 2017
Present: Steve Bailey, Carolyn Ulrich, Julie Lofdahl, Kristine Leuze, Jack Sandberg, Gerry Grinde, Mary
Christensen, Katy Hiltner, Ex -Officio
Motion by Carolyn, seconded by Gerry to approve minutes from the August 27, 2017 meeting. Minutes
approved as written.
Presentations - Summer Reading Wrap -Up & Upcoming Fall Programs:
Sherry Lund, Children's Librarian reported that 486 kids signed up for the program. This is about the
same number as last year; 282 finished which is 30 more than before. Kids who were 12 -years -old could
pick which program to be in, children or teen. There were 10 Stories in the Park which had 1,657 kids
attend. The ZooMobile was partnered with 4H and had 548 kids attend. Daycares brought buses with
kids. This program is usually capped at 300 kids, but Sherry did not know this. The ZooMobile presenter
said it went fine and they would come again with that many kids because of the help of the staff. The
Lego Guy also came as a featured summer program. A total of 193 kids came to the two Lego programs.
The Schiffelly Puppets performed at the State Theatre this year. It was standing room only with 319
people attending.
Next month will start the fall programming. Sherry would like to do a family program once a month.
Some programs include the author of Nettie's Garden Heather Rae Weseman to visit, an origami
program, and painted rocks.
Rachelle Golde, Teen Services Library, gave an update on the teen program. A total of 63 teens signed
up and 32 logs were returned in. See Rachelle's written report for the rest of the update.
Old Business:
1. Friends of Library Annual Book Sale: Sale was very good despite rain. Thanks to all the volunteers who
helped make the sale a success. Katy should have figures for us at a future meeting (official totals will be
announced in the Friends' newsletter).
2. Program Reminder: Little Golden Books, Tuesday, Sept. 26 at 6:30 p.m.
3. Review: Library Goals - We edited the Board Information Flyer. See attached copy. We did not get
to goals. Board members to think about goals and will discuss next meeting.
New Business:
1. Senior Expo, Tuesday, Sept. 26th at Hutchinson Event Center. Katy and Jackee to have a booth at the
event.
2. Upcoming Legacy Programs:
• Mark Mitten, Thursday, Nov. 9th at 6:30 p.m. Sipping Whiskey in a Shallow Grave and Hard to
Quit. Books are westerns. He will also present a program for writers on Wednesday, Nov. 1St as
part of NalloWriMo activities at the Winsted Library.
• Mary Krugerud, Sunday, Jan. 14th at 2 p.m. at the McLeod County Historical Society. Author of
Interrupted Lives: The History of Tuberculosis in Minnesota and Glen Lake Sanatorium.
• Katy would like to set up an adult program each month.
Reorganizing Archive Room: To free up space, 30 bound newspapers were donated to the McLeod
County Historical Society. These were volumes that the museum did not have. There are still earlier
editions that need to find a new home.
4. Library Buzz — What Have You Been Reading/Watching? We ran out of time for our discussion, but
Carolyn emailed her list. We can talk about more next time.
In Farleigh Field, Evan's Gate, Her Royal Spyness - all written by Rhys Bowen
Stealing the Countess by David Housewright (really good)
Tony Hillerman's Landscape by Anne Hillerman and Don Strel
The Cottingley Secret by Hazel Gaynor
Y is for Yesterday by Sue Grafton
Song of the Lion by Anne Hillerman
A Talent for Murder by Andrew Wilson
Meeting adjourned at 5:34 pm
Next meeting: Oct. 23, 2017 at 4:30 p.m.
August 2017 Donations
Patron Donation $20.00
Celia Smykalski (QuiltMaker magazine subscription) $27.97
Total $47.97
Meeting Notes- Teen Services
September 20, 2017 and September 25, 2017
1. Teen Summer Reading Program:
a. 63 teens signed up
b. 32 Logs were turned in
c. Teens liked the prizes!
i. The four $25 gift cards were purchased using a SAMMIE Summer Reading
Grant for $100
ii. iPad-donated (anonymously)
iii. Buffalo Wild Wings coupons- donated
d. Based upon the number of reading logs turned in: estimated 192 books read
e. We offered 3 maker programs- one each month through the summer
i. Mini Garden Designs- 6 teens attended
ii. Book Bag Designs- 6 teens attended
iii. Rock Your Locker- 4 teens attended
f. We did 3 Art Journaling sessions- one per month
i. Average of 5 teens in attendance
g. Bookmark Contest:
i. 5 entries
ii. 82 public votes
2. Teen Fall Programs:
a. Harry Potter Party— held Tuesday, September 19, 2017
i. Huge success!
b. October schedule:
i. Tuesday, October 3, 2017- Teen Advisory Board Meeting —there will be
pizza!
1. Working on finding away to get the pizza donated
ii. Week of October 8: TEEN READ WEEK
1. Display and put out bookmarks for the public- Bookmark contest
winner's bookmark
2. Oct. 10: M.G. Nelson Author Visit
a. SAMMIE Teen Read Grant for $100 to help cover the
authorfees
3. Passive Program: Bookface photo contest
c. November Schedule
i. Tuesday, Nov. 211- Teen Advisory Board Meeting
ii. Tuesday, Nov. 14th- Silent Reading Party
3. Contact me through email -
a. Please give people my email address if they have questions, comments,
concerns, ideas, etc. I check my work email at home and can usually get back to
people faster through email. Email is listed on all the teen activity flyers and on
the Hutchinson Public Library Website Teen page.
4. Thanks for all your help throughout the summer!
Teen Sum mer Reading Program 2017STATS
Date
Name of Program and/or Performer
Signed up
Total Attendance
6/6/2017
Mini Garden Designs
5
6
7/11/2017
Book Bag Designs
8
6
8/8/2017
Rock Your Locker
2
4
6/20/2017
Art JournalingJune
n/a
7
7/18/2017
Art JournalingJuly
n/a
4
8/15/2017
Art Jou rnal i ng August
n/a
0
Totals
Teens Signed Up 63
Logs Turned In 32
Participants in Prize Drawing#1: $25 Starbucks card 19
Participants in Prize Drawing #2: $25 iTunes card 48
Participants in Prize Drawing#3: $25 Applebee's card 67
Participants in Prize Drawing #4: $25 Google Play card 34
Total prize drawing entries 168
Participants in Grand Prize Drawing: iPad 32
Estimated # of books read based upon the number of logs turned in 192
