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cp11-12-19N Hutchinson City Center I I I Hassan Street SE Hutchinson, MN 55350-2522 Phone 320-587-5151, Fax 320-234-4240 CITY OF HUTCHINSON MCLEOD COUNTY HUTCHINSON, MINNESOTA NOTICE OF A SPECIAL CITY COUNCIL WORKSHOP Tuesday, November 12, 2019 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 12, 2019, at 4:00 p.m. in the Council Chambers at the Hutchinson City Center, 111 Hassan Street SE, Hutchinson, Minnesota for the following purpose: 0 BUDGET WORKSHOP - 2020 PRELIMINARY ENTERPRISE FUND BUDGETS DATED: November 7, 2019 POSTED: City Center Matthew Jauni ity Administrator HUTCHINSON CITY COUNCIL MEETING AGENDA TUESDAY, NOVEMBER 12, 2019 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: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet 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 — Hope Family Church (The invocation is a voluntary expression oftheprivate citizen, to andfor the City Council, and is not intended to affiliate the City Council with, or express the City Council's preference ffor, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previous y reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15113 — Resolution Accepting $20,000 Donation from VFW for the Reconstruction/Upgrade of a New Alleyway (Alley #40) Adjacent to the VFW (b) Proclamation — Aviation Month PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor — state your name and address for the record. Please keep comments under S minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of October 22, 2019 CONSENT AGENDA (The items iste or consi eration 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 Resolution 15112 — Resolution Establishing Location for Traffic Control Devices (Handicap Parking Stalls) (b) Consideration for Approval of Improvement Project Change Order No. 5 — Letting No. 2, Project No. 19-02 (South Grade Road Corridor Improvements) (c) Consideration for Approval of Issuing Short -Term Gambling License to Crow River Cutters from December 1 - 16, 2019, at Main Street Sports Bar CITY COUNCIL AGENDA November 12, 2019 (d) Appointment of Matt Beilke to Police Civil Service Commission to May 2021 (e) Consideration for Approval of Street Closure for Small Business Saturday Event on November 30, 2019 (f) Consideration for Approval of Revised Resolution No. 15037 (Replacing Doc. A440012 & Doc. A442075) — Resolution Approving a Site Plan, Conditional Use Permit, Preliminary and Final Plat of Prince of Peace Section Addition, Vacation of Easement and Vacation of Alley in Block 31 in South Half of Hutchinson to Construct an Addition to Prince of Peace Senior Apartments (g) Claims, Appropriations and Contract Payments PUBLIC HEARINGS — 6:00 P.M. - NONE purpose of this portion of the agenda is to provide the ounci with information necessary to craft wise policy. ides items like monthly or annual reports and communications from other entities.) HUTCHINSON PUBLIC LIBRARY ANNUAL UPDATE 9. REVIEW OF WASTEWATER TRATMENT FACILITY FLUSHABLE WIPES ISSUE AND RECENT CITY STAFF EFFORTS 10. REVIEW OF DRAFT TH15/MAIN RECONSTRUCTION PROJECT COOPERATIVE AGREEMENT AND ASSOCAITED COST -SHARING APPROACH 11. REVIEW OF ORDINANCE NO. 19-809 - AN ORDINANCE REGULATING TRANSIENT MERCHANTS/PEDDLERS AND FOOD VENDORS UNFINISHED BUSINESS 12. APPROVE/DENY "HUTCHINSON PILLAR STREETSCAPE" AND ALLOCATION OF FUNDING NEW BUSINESS 13. APPROVE/DENY PURCHASE AGREEMENT FOR THE PROPERTY LOCATED AT 205 WASHINGTON AVENUE EAST (ECONO FOODS BUILDING) 14. APPROVE/DENY ADVERTISEMENT OF BIDS AND SET BID OPENING DATE FOR RECREATION CENTER GYMNASIUM ROOF AND EXTERIOR WALLS UPGRADE 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.) 15. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS (a) Economic & Development Authority Board Minutes from September 25, 2019 2 CITY COUNCIL AGENDA November 12, 2019 (b) Hutchinson Utilities Commission Minutes from September 25, 2019 (c) Planning, Zoning, Building Department Quarterly Report MISCELLANEOUS 16. STAFF UPDATES 17. COUNCIL/MAYOR UPDATE ADJOURNMENT HUTCHINSON CITY COUNCIL ci vof 0, a_ � Request for Board Action 79 M-W Agenda Item: Accepting Donation from VFW Post 906 Department: Administration LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Matt Jaunich Agenda Item Type: Presenter: Matt Jaunich Reviewed by Staff F1 Recognition of Gifts/Donations Time Requested (Minutes): 5 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: The VFW Post has presented the City with a $20,000 check and asking for the City to accept this designation and assign it to the reconstruction/improvement of alley #40 (adjacent to VFW). City staff has shared with the VFW Post that this project has not yet been approved by the City Council. They understand this, but would still like to provide the donation to the City. In the event the project doesn't take place, the donation would be returned to the VFW or and/or it will be used in a manner mutually agreed upon between the City and the VFW Post 906 BOARD ACTION REQUESTED: Approve/Deny Resolution 15113 - Accepting a Donation Fiscal Impact: $ 0.00 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: Resolution No. 15113 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 WHEREAS, the following organization has offered to contribute the cash amount set forth below to the City of Hutchinson: Name of Donor Amount VFW Post 906 $20,000.00 WHEREAS, the donation is being made on the condition that the City earmarks the donation for the reconstruction/upgrade of a new alleyway (alley #40) adjacent to the VFW building; and WHEREAS, if the money is not spent on the alley the City agrees to return the donation to the VFW Post 906 and/or use it in a manner mutually agreed upon between the City and the VFW Post 906; and WHEREAS, The City Council hereby finds that it is appropriate to accept the donation offered, NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 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 12th day of November 2019. Gary T. Forcier, Mayor Matthew Jaunich, City Administrator City of WL =-U�&7 PROCLAMATION General Aviation Appreciation Month 2019 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 have an immense economic impact on the City of Hutchinson; and WHEREAS, Minnesota is home to 135 public system airports, which serve 12,890 pilots and 5,679 registered and airworthy aircraft; and WHEREAS, Minnesota is home to 109 fixed -base operators, 50 repair stations, 83 heliports, 12 FAA -approved pilot schools, 2,805 student pilots and 2,714 flight instructors; and WHEREAS, general aviation in Minnesota contributes over $5.3 billion to the state's total economic output; 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 as GENERAL AVIATION APPRECIATION MONTH in the City of Hutchinson. Gary T. Forcier, Mayor HUTCHINSON CITY COUNCIL MEETING MINUTES TUESDAY, OCTOBER 22, 2019 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: Citypolicy andpractices, inputfrom constituents, and other questions or information that has not yet been presented or discussed regarding an agenda item) 1. CALL MEETING TO ORDER— 5:30 P.M. Mayor Gary Forcier called the meeting to order. Members present were Steve Cook, Chad Czmowski, Mary Christensen and Dave Sebesta. Others present were Marc Sebora, Acting City Administrator and Kent Exner, City Engineer. (a) Approve the Council agenda and any agenda additions and/or corrections Marc Sebora, Acting City Administrator, asked that Item 7(g) be removed from the agenda at the request of the applicant. Mr. Sebora also noted that a revised Resolution has been distributed as it relates to Item 8. Motion by Christensen, second by Cook, to approve the agenda with the removal of Item 7(g) and the revised Resolution under Item 8. Motion carried unanimously. 2. INVOCATION — Cross Point Church (The invocation is a voluntary expression oftheprivate citizen, to andfor the City Council, and is not intended to ajiliate the City Council with, or express the City Council's preference for, any religious/spiritual organization. The views or beliefs expressed by the invocation speaker have not been previously reviewed or approved by the Council or staff) 3. PLEDGE OF ALLEGIANCE 4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY (a) Resolution No. 15104 — Resolution Accepting $500 Donation from Walt & Lynne Clay to Law Enforcement Memorial Park Fund (b) Resolution No. 15109 — Resolution Accepting $30 Donation from Richard Waage for Hutchinson Dog Park Motion by Czmowski, second by Sebesta, to approve Items 4(a) and 4(b). Motion carried unanimously. PUBLIC COMMENTS (This is an opportunity or members of the public to address the City Council. If the topic you would like to discuss is on the agenda, please ask the Mayor ifhe will be acceptingpublic comments during the agenda item ifnot apublic hearing. Ifyou have a question, concern or comment, please ask to e recognized by the mayor — state your name and address for the record. Please keep comments under S minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda in advance of the meeting. All comments are appreciated, but please refrain from personal or derogatory attacks on individuals) 5. CITIZENS ADDRESSING THE CITY COUNCIL 6. APPROVAL OF MINUTES (a) Regular Meeting of October 8, 2019 Motion by Czmowski, second by Christensen, to approve minutes as presented. Motion carried unanimously. CONSENT AGENDA (The items iste or consi eration 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.) CITY COUNCIL MINUTES October 22, 2019 7. APPROVAL OF CONSENT AGENDA I (a) Consideration for Approval of Resolution 15105 — Resolution Approving the Decertification of Tax Increment Financing District #6 of the City of Hutchinson (b) Consideration for Approval of Resolution No. 15106 — Resolution for Certification of Special Assessments From the City of Hutchinson to McLeod County Auditor (c) Consideration for Approval of Resolution No. 15108 — Resolution to Sell at Auction Unclaimed Property (Bicycles) (d) Consideration for Approval of Resolution No. 15110 — Resolution Authorizing Execution of Sub -Grant Agreement Through the Federal Emergency Management Agency's Hazard Mitigation Grant Program (e) Consideration for Approval of Issuing Short -Term Gambling License to Hutchinson Wrestling Club (f) Consideration for Approval of Issuing Caterer's Permit to T-Road Investments Inc. on December 7, 2019, at Hutchinson Event Center (h) Consideration for Approval of Improvement Project Change Orders - Change Order No. 3 & 4 - Letting No. 2, Project No. 19-02 (South Grade Road Corridor Improvements) (i) Consideration for Approval of Correspondence to MnDOT Regarding Glencoe Transportation Study 0) Claims, Appropriations and Contract Payments Motion by Czmowski, second by Cook, to approve consent agenda. Motion carried unanimously. PUBLIC HEARINGS — 6:00 P.M. 8. APPROVE/DENY RESOLUTION NO. 15107 - RESOLUTION APPROVING A HOUSING PROGRAM AND APPROVING THE ISSUANCE AND SALE OF SENIOR HOUSING FACILITY REVENUE BOND AND AUTHORIZING THE EXECUTION OF DOCUMENTS RELATING THERETO (PRINCE OF PEACE EXPANSION) Andy Reid, Finance Director presented before the Council. Mr. Reid reminded the Council that Prince of Peace is requesting the City to issue tax-exempt bonds to finance an expansion of its senior housing facility. Eleven new units will be constructed while two existing units will be converted into office and common space. The City is serving as the conduit to issue the tax-exempt bonds since non -profits, like Prince of Peace, cannot issue tax-exempt bonds directly. Essentially, the City is issuing bonds and borrowing those proceeds to Prince of Peace through a loan agreement. The City then assigns that loan agreement to Citizens Bank, which relieves the City of any responsibility or liability in the transaction. The City is not obligated in any manner to make debt service 2 CITY COUNCIL MINUTES October 22, 2019 payments, even upon default by Prince of Peace. There is a mortgage and security agreement which provides the protection for Citizens Bank. The issuance does not affect the City's credit rating and does not count against any statutory limitations on borrowing. The issuance does count towards the City's 2019 bank -qualification limit of $10,000,000, however the City is well under that limit and will not be impacted. No public comments were received. Motion by Czmowski, second by Christensen, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Christensen, to approve Resolution No. 15107. Council Member Cook clarified that the City's bond counsel has reviewed all of the documents and the transaction. Andy Reid confirmed that has occurred and everything is in place. Construction is planned to begin November 1, 2019. Motion carried unanimously. COMMUNICATIONS REQUESTS AND PETITIONS (Thep urpose oJ this portion oJ the agenda is to provide the ounci with information necessary to craft wise policy. Includes items like monthly or annual reports and communications from other entities) 9. REVIEW OF CITY OF HUTCHINSON AIRPORT CIVIL AIR PATROL SITE ESTIMATED COSTS AND POTENTIAL FUNDING John Olson, Public Works Manager, presented before the Council. Mr. Olson explained that the project will include construction of barracks, dining facility and a hangar located just north of the former Skydive Building on Airport Road. Sewer services are available across the road and Kent Exner will address issues related to water services. A development agreement and lease document have been drafted and are being reviewed and revised by the Civil Air Patrol staff. In addition, Mr. Olson is looking into requirements from the FAA and MnDOT Aeronautics, which include an environmental review. Kent Exner, City Engineer, spoke of issues related to sanitary sewer and water main extensions for service to the Civil Air Patrol training site. Total project cost is estimated at $350,000 with $110,000 being assessed between the Civil Air Patrol and McLeod County. Water and wastewater funds would pay for the remainder of the project. 10. REVIEW OF MINNESOTA RULES OF NAVIGATING A ROUNDABOUT Kent Exner, City Engineer, presented before the Council. Mr. Exner provided information regarding the navigation of roundabout street intersections. This information is included in the Council packet and engineering staff will be working with HCVN to see if roundabout guidance videos can be shown in the near future. Mr. Exner then provided an update on the South Grade Project, which includes a mini -roundabout. The road is scheduled to open November 1, 2019. UNFINISHED BUSINESS 11. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 19-806 - ORDINANCE REVISING CHAPTER 111 — PEDDLERS AND SOLICITORS Marc Sebora, City Attorney, presented before the Council. Mr. Sebora reminded the Council that several discussions have taken place regarding revisions to the City's peddlers/solicitors ordinance and food vendor ordinance. At the last Council meeting, the Council did approve the first reading of the peddlers/solicitors ordinance, but denied the first reading of the food vendor license to allow for more revisions to be considered. Therefore, the second reading of the peddler/solicitor ordinance is before the Council this evening. Council Member Cook suggested revising both the food vendor ordinance and the peddler/solicitor ordinance to only require a license if either vendor/merchant is on public property, but no license CITY COUNCIL MINUTES October 22, 2019 requirement if the vendor/merchant is on private property. Council Member Cook is still suggesting allowing the city administrator to approve temporary licenses and still allow for the multi -vendor license requirement. City Attorney Sebora suggested blending the two ordinances into one since many of the requirements are the same for both types of licenses. Of course, there will be come specific requirements for each type of vendor, but overall there are many similarities. The Council was in favor of all suggestions. Motion by Czmowski, second by Sebesta, to deny second reading and adoption of Ordinance No. 19-806. Motion carried unanimously. NEW BUSINESS 12. APPROVE/DENY SETTING COUNCIL BUDGET WORKSHOP FOR NOVEMBER 12, 2019, AT 4:00 P.M. Motion by Christensen, second by Sebesta, to set Council budget workshop for November 12, 2019, at 4:00 p.m. Motion carried unanimously. GOVERNANCE (T epurpose o t is portion of the agenda is to deal with organizational development issues, includingpolicies, performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy development and governance process items.) 13. MINUTES/REPORTS FROM COMMITTEES, BOARDS OR COMMISSIONS a) Public Arts Commission Minutes from August 14, 2019 �b) Hutchinson Housing & Redevelopment Authority Board Minutes from September 17, 2019 c) City of Hutchinson Financial Report and Investment Report for September 2019 MISCELLANEOUS 14. STAFF UPDATES Marc Sebora — Mr. Sebora noted that November 11 is Veterans' Day and City offices will be closed. He also reminded the Council of the joint meeting with McLeod County Commissioners on October 29th at the McLeod County Fairgrounds. Lastly, Mr. Sebora congratulated and thanked Hutchinson Leader reporter Mitch Abraham as he moves on to new endeavors 15. COUNCIL/MAYOR UPDATE Mary Christensen — Council Member Christensen spoke of the Haunted Tour of Hutchinson being put on by Historic Hutchinson. She also spoke of fundraising opportunities and sponsorships for the stained glass window replacement/updates at St. John's Church. Gary Forcier — Mayor Forcier noted that Steve Synstelien has resigned from the Police Commission as he is moving out of state. Matt Bielke has completed an interest form for serving on the Police Commission and he is being recommended to be appointed, therefore Mayor Forcier will place his appointment on the next agenda. ADJOURNMENT .19 CITY COUNCIL MINUTES October 22, 2019 Motion by Czmowski, second by Cook, to adjourn at 6:30 p.m. Motion carried unanimously. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Traffic Control Resolution No. 15112 Department: PW/Eng LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Kent Exner/John Olson Agenda Item Type: Presenter: Kent Exner/John Olson Reviewed by Staff ❑ Consent Agenda Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Two separate requests for handicap parking from downtown businesses were received at about the same time. Both 85-1 st Ave NW & 45 Washington Ave E requested handicap parking. In the case of 85-1 st Ave NW, the concern was for patients that need the parking, and for 45 Washington Ave E, the concern was accessibility for handicap staff. After discussions with PD and Engineering, the following is recommended: 85-1 st Ave NW. There is currently a handicap parking on the east end of 1 st Ave NW at its intersection with Main St N. Therefore, the recommendation is to move the stall on the northeast corner of 1 st Ave NW/Main St N to the northwest corner of 1 st Ave NW/Franklin St, leaving two on -street handicap parking stalls on that block. 45 Washington Ave E. There are currently two handicap stalls in front of the State Theater (35 Washington Ave E). The recommendation is to move one of the handicap stalls to the northwest corner of Washington Ave E/Hassan St NE and move the other to the westernmost parking stall on Washington Ave E at 25 Washington Ave E. Due to the adequacy of available handicap parking stalls in the downtown area, City staff is recommending no additional handicap stalls. This recommendation retains the same number of handicap parking stalls and stalls without the handicap restriction. BOARD ACTION REQUESTED: Approve Traffic Control Resolution No. 15112. Fiscal Impact: 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: RESOLUTION NO. 15112 RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES 1. WHEREAS, the Police Chief, City Engineer and Public Works Manager agree that the following areas have traffic control concerns which warrant removal of traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locates as points where traffic control devices shall be removed, pursuant to Section 7.04, Subdivision 1 of the Hutchinson City Code, and; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON: That the Council hereby establishes the following traffic control devices shall be removed: 1. "HANDICAP PARKING" sign to be placed at southernmost parking stall on the northwest corner of the Washington Ave E and Hassan St NE intersection. 2. "HANDICAP PARKING" sign to be placed at the westernmost parking stall on Washington Ave E at 25 Washington Ave E. a. Two each (2 ea.) "HANDICAP PARKING" signs to be removed from the north side of Washington Ave W at 35 Washington Ave. 3. "HANDICAP PARKING" sign to be placed at the westernmost parking stall on the northeast corner of 1st Ave NW and Franklin St NW at 85-1st Ave NW. a. One each (1 ea.) "HANDICAP PARKING" sign to be removed from easternmost parking stall on the south side of 1st Ave NW at 46 Main St N. Adopted by the City Council this 12th day of November, 2019. Gary Forcier, Mayor ATTEST: Matt Jaunich, City Administrator 85 —1St Ave NW; 45 Washington Ave E io& Request for Handicap Parking c tc OWL *' 2t1D AVE NW ` •' 13 Existing t �. handicap ;} 125 �+ 1 : parking 115 64 r Ir t R Z 91 v-. ` r " 1 ST AVE 1 A E NE Z 41, 36 ,.� � � 28 2 _ 43 -37�~ 5 36 ! 11J All Z IK—. �rr� 27 c1] y 2 8+ . P5 C-. �eZ� .�s25� fi z Request for ... 16 k8 i�1 D _ handicap ,Aff parking 1W37 ;y 1.125 F, 4915j3� 1 233 UWALANINGTON AVE W WASHIN VE Recommendation: 1) 85-1st Ave NW: I recommend moving the handicap parking from the NW corner of 1st Ave NW & Main St N to the NE corner of 1st Ave NW/Franklin St NW intersection." r. t 2) 45 Washington Ave E: I recommend moving one handicap parking stall from mid -block (State Theater) to the NW corner of Washington Ave E/Hassan St SE intersection. 3) Move one handicap stall from mid -block to the westernmost parking stall on the north side of Washington N 1:9,9iS Ave W A Result in same handicap parking. Effective when sign posts are moved. Pavement markings will be done as soon as /I•'li practicable. ILMS HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Approval of Project Change/Work Orders and Supplemental Agreements Department: PW/Eng LICENSE SECTION Meeting Date: 11/12/2019 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, Supplemental Agreements and/or Work Orders are proposed as noted: - Change Order No. 5 — Letting No. 2/Project No. 19-02 — South Grade Road Corridor Improvements Per MnDOT bituminous pavement density incentive/disincentive specifications, it has been determined that the contractor has qualified for an incentive. Thus, this Change Order does result in an increase to the Contract in the amount of $2,032.72. BOARD ACTION REQUESTED: Approval of Change 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 CHANGE ORDER City/County of City of Hutchinson Change Order No. 5 FEDERAL PROJECT NO. STATE PROJECT NO. LOCAL PROJECT NO. CONTRACT NO. SAP 133-130-002 L2P19-02 L2P19-02 CONTRACTOR NAME AND ADDRESS LOCATION OF WORK R & R Excavating South Grade Road SW, Hutchinson MN 1149 Hwy 22 South TOTAL CHANGE ORDER AMOUNT Hutchinson, MN 55350 $2,032.72 In accordance with the terms of this Contract, you are hereby authorized and instructed to perform the work as altered by the following provisions. Issue: The Contract calls for the Contractor to be paid incentive/disincentive for bituminous density. Resolution: As per specification 2360.3D.1.q the Contractor has received a bituminous density incentive in the amount of $2,032.72. COST BREAKDOWN Item No. I Item Unit Unit Price I Quantity Amount Funding Category No. 002 2360.601 BITUMINOUS INCENTIVE/DISINCENTIVE LUMP SUM 1 $2,032.72 1 $2,032.72 Funding Category No. 002 Total: $2,032.72 Change Order No. 5 Total: $2,032.72 Funding category is required for federal projects. CHANGE IN CONTRACT TIME (check one) Due to this change the Contract Time: a. [ ] Is Increased by -Working Days b. [ X ] Is Not Changed [ ] Is Decreased by -Working Days [ ] Is Increased by _ Calendar Days c. [ ] May be revised if work affected the controlling operation [ ] Is Decreased by Calendar Days 4pproved By Project Engineer: Kent Exner Approved By Contractor: R & R Excavating Signed Signed Date: 11 /12/2019 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: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Short -Term Gambling License - Crow River Cutters Department: Administration LICENSE SECTION Meeting Date: 11/12/2019 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 December 1 - 16, 2019, at Main Street Sports Bar. 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 - 16, 2019, at Main Street Sports Bar. 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: City of 1 I I 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 Chapter 114 and Minnesota Statutes Chapter 349 All applications are to be received at least 30 days before event in order to be considered Application Type ^R Short Term Date(s) Z - ! - ZCI _ g' �d 1 & p 15' Fee: $30.00 ear - MoruhlDavlYear tization Information 0 3ZO "3-I3`t 5 Arame Phone Number Address where regular meeting are held City State Zip Federal or State ID: 5-1. t0 Z. 4q,5 t Day and time of meetings? ! S'r Wtb*CS pAo4 04 ep A tLA0r.Vitt -( :pp P+'►L Is this organization organized under the laws of the State of Minnesota? Ayes ❑ no How long has the organization been in existence? ZO How may members in the organization? ZOO What is the purpose of the organization? -Ctw— f{►rl,tSrf 4�E �ciC+tT'ED Hc.7N"C� In whose custody will organization records be kept? 4-kit►kote L Loc 3LA -K3- Name -z5G aovt_. teo^,Dsta Address Duly Authorized Officer of the Organization Information True Name -7SY SW Residence Address gord ti i" City Phone Number OL(" SS35C), State Zip Phone Number State Zip Date of Birth: 08 12'7 1 196F Place of Birth: AIR -EC G Monthldaylyear Have you ever been convicted of any crime other than a traffic offense? If yes, explain: City ❑ yes k'no State City of Hutchinson Application far Gambling Devices License Page 2 of 3 11 Designated Gambling Manager (dualilied under,'Srfinnesota Stature #349) M d�A�GrG cow True Name 7 5;!5;- -'V&t- eW-'4 7 .5 41-0 !-4coro''svwl .S& 455%. -- t37 Phone Number -';-; 5 3 S- Z: 5 Residence Address Clty State Zip Date of Birth: 090 / Z 7 / f1?4;:� 5; Place of Birth: A/146A!1OOR-"y Monthldaylyear Ciiy State Have you ever been convicted of any crime other than a traffic offense? ❑ yes Z.no If yes, explain: How long have you been a member of the organization? Game Information Location 41 57-0421r s rs e -C 7-Z7(:,D Name of location where game will be played Phone Number 3�3st> Address of location where game will be played city State Zip Date(s) andJor day(s) gambling devices will be used: 17,11 I through q _ AM Hours of the day gambling devices will be used: From 0-0 &U] AM To Maximum number of player: ('240 Will prizes be paid in money or merchandise? ❑ money If merchandise Will refreshments be served during the time the gambling devices will be used? 15 yes ❑ no If yes, will a charge be made for such refreshments? W1 yes ❑ no Game Information Location #2 Name of location where game will be played Phone Number Address of location where game will be played City State ZO Date(s) and/or day(s) gambling devices will be used: through AM AM Hours of the day gambling devices will be used: From pM To PM Maximum number of player: Will prizes be paid in money or merchandise? ❑ money ❑ merchandise Will refreshments be served during the time the gambling devices will be used? ❑ yes ❑ no If yes, will a charge be made for such refreshments? ❑ yes ❑ no City of Hutchinson Application for Gambling Devices License Page 3 of 3 Officers of the Organization (if necessary, list additional names on separate sheet) Nance Title Residence Address City State Zip 4--e#..,A4-,] 4-4sezy See*e,-rAW-Y Name Title 1;6 4Z 7vs Residence Address City State NrCA-i4WZ— !,qe�- Name Title Residence Address Ciry State L 1P Officers or Other Persons Paid for Services Information (if necessary, list additional names on separate 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 Chapter 349)? Gambling Manager #yes ❑ no Authorized Officer Ayes ❑ no Xldk— initial Initial I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. l I4.20 reigting to gambling and I will familiarize myself with the contents thereof. authorized officer of organization Signature ofgambling manager ofwganization Internal Use Only City Council ❑ approved ❑ denied Notes: /fIs1j4 Date Date HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Street Closure Request - Small Business Saturday Event Department: Police LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Thomas D. Gifferson Agenda Item Type: Presenter: Thomas D. Gifferson Reviewed by Staff ✓❑ Consent Agenda Time Requested (Minutes): 2 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: The Chamber of Commerce would like to request having the block of Washington Ave, from Main Street to Hassan St, shut down for the event Small Business Saturday on November 30th, 09am-11 am. During this time they will have a ping pong ball drop. Local businesses will be able to participate by offering gifts and gift cards. These gifts and gift cards will correlate with ping pong balls, which will be dropped during this time frame. I have spoken with Mary Hodson about this request and I have reviewed the traffic plans for the event. The PD will insure the parking is secured in the early morning prior to the event and close the street down just prior to the start of the event to allow for setup. The PD will close the entire block of Washington between Main St and Hassan ST SE. There will be no alcohol served at this year's event. I look forward to working with the Chamber of Commerce, Mary Hodson, and her staff to ensure a safe and successful event. BOARD ACTION REQUESTED: Recommend Approval 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: HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Revised Resolution Prince of Peace Project Approval Department: Planning LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Dan Jochum Agenda Item Type: Presenter: Dan Jochum Reviewed by Staff ❑ consent Agenda Time Requested (Minutes): 5 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Please see attached revised resolution for the Prince of Price project approval. As staff was working through the alley vacation details we realized that the resolution could be more clear on the exact location of the alley being vacated. This is a very minor change that provides clarity on exactly what is being vacated. Please note the red text for the clarification language. BOARD ACTION REQUESTED: Approval of revised resolution. 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: CITY OF HUTCHINSON MCLEOD COUNTY, MINNESOTA REVISED RESOLUTION NO. 15037 (Replacing Doc. A440012 & Doc. A442075) RESOLUTION APPROVING A SITE PLAN, CONDITIONAL USE PERMIT, PRELIMINARY AND FINAL PLAT OF PRINCE OF PEACE SECOND ADDITION, VACATION OF EASEMENT, AND VACATION OF ALLEY IN BLOCK 31 IN SOUTH HALF OF HUTCHINSON, TO CONSTRUCT AN ADDITON TO PRINCE OF PEACE SENIOR APARTMENTS LOCATED 301 GLEN ST SW, 306, 316, 326 FRANKLIN ST SW, HUTCHINSON, MN. FACTS 1. Prince of Peace Senior Apartment Inc is the owner of the property located at 301 Glen St SW, 306, 316, 326 Franklin St SW 2. The subject property is legally described as: 301 Glen St SW: Lot 1, Block 1, Prince of Peace Addition 306 Franklin St SW: Lot 1, Block 31, Townsite of Hutchinson South Half 316 Franklin St SW: Lot 2, Block 31, Townsite of Hutchinson South Half 326 Franklin St SW: Lot 3, Block 31, Townsite of Hutchinson South Half (To be known as: Lot 1, Block 1, Prince of Peace Second Addition) Prince of Peace Senior Apartments Inc., has applied to the City for a site plan, conditional use permit, preliminary and final plat and vacation of alley to allow construction of an 11-unit addition to the existing Prince of Peace Senior Apartment building at 301 Glen St SW, Hutchinson. 4. The Planning Commission met on April 16, 2019 and considered the effects of the proposal on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and hereby recommends approval of the request due to the following findings and conditions: a. Staff recommends rezoning the property from R-2 to R-4 b. The proposed building and site improvements shall comply with the standards of the R-4 district and the Zoning Ordinance, as well as all other City regulations. C. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the developer's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. d. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work affects roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the original disturbance. If the work is not fully completed within 10 Resolution # 15037 Site Plan, CUP, Preliminary/Final plat, Vacation of Alley Prince of Peace Second Addition Page 2 calendar days, the City reserves the right to have the work completed and invoices/assess the property owner for all associated costs. e. Fire hydrants must be located no farther than 400 feet from the building. f. Exterior refuse collection area must be fully screened. g. The exterior of the building shall generally match the architecture of the existing Prince of Peace building and be of residential character. h. Franklin Street utility installations and necessary restoration to be limited to established City roadway disturbance parameters. i. Traffic control for all roadway and sidewalk closures/impacts as deemed necessary by the City Engineer shall be the responsibility of the Developer. j . Any needed roadway work will require a pavement patch section that must meet or exceed existing thicknesses per City Engineer approval. k. Relocation of all gas, electric and other private utilities shall be the responsibility of the Developer. 1. Proposed bioretention swale performance must satisfy City stormwater pond detention and treatment criteria/guidelines (City Engineer and Environmental Specialist to review further). M. Sanitary sewer service piping should be noted as PVC. n. Storm sewer mains within City right-of-way shall be RCP. o. Staff recommends approval of the vacation of alley in Block 31, South Half of Hutchinson and the vacation of easement as noted on the plat. P. The Applicant must obtain all necessary permits for the construction of the proposed project. q. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. r. Building permits will not be issued until the plat is recorded. S. The standards for granting a conditional use permit would be met, subject to the conditions stated. t. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use required approval of a new conditional use permit. U. The applicant must obtain all necessary permits for the construction of the proposed project. The City Council has considered the recommendation and findings of the Planning Commission and hereby does recommend approval of the preliminary plat, rezoning, planned development district and conditional use permit subject to the following findings and conditions: a. Staff recommends rezoning the property from R-2 to R-4 b. The proposed building and site improvements shall comply with the standards of the R-4 district and the Zoning Ordinance, as well as all other City regulations. c. Any reconstruction of existing infrastructure within City of Hutchinson easement areas shall be the developer's responsibility, including improvements and associated costs. This work shall meet all of the City's engineering standards and be approved by the City. d. The City of Hutchinson must be notified 7 days prior to any roadway or utility work that is going to be done within the City right of way. If the proposed work affects roadway traffic flow, a traffic plan must be submitted to the City Engineer for approval. All roadway work must be fully completed to City standards within 10 calendar days of the Resolution # 15037 Site Plan, CUP, Preliminary/Final plat, Vacation of Alley Prince of Peace Second Addition Page 3 original disturbance. If the work is not fully completed within 10 calendar days, the City reserves the right to have the work completed and invoices/assess the property owner for all associated costs. e. Fire hydrants must be located no farther than 400 feet from the building. f. Exterior refuse collection area must be fully screened. g. The exterior of the building shall generally match the architecture of the existing Prince of Peace building and be of residential character. h. Franklin Street utility installations and necessary restoration to be limited to established City roadway disturbance parameters. i. Traffic control for all roadway and sidewalk closures/impacts as deemed necessary by the City Engineer shall be the responsibility of the Developer. j . Any needed roadway work will require a pavement patch section that must meet or exceed existing thicknesses per City Engineer approval. k. Relocation of all gas, electric and other private utilities shall be the responsibility of the Developer. 1. Proposed bioretention swale performance must satisfy City stormwater pond detention and treatment criteria/guidelines (City Engineer and Environmental Specialist to review further). m. Sanitary sewer service piping should be noted as PVC. n. Storm sewer mains within City right-of-way shall be RCP. o. Staff recommends approval of the vacation of alley in Block 31, South Half of Hutchinson and the vacation of easement as noted on the plat. p. The Applicant must obtain all necessary permits for the construction of the proposed project. q. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval. r. Building permits will not be issued until the plat is recorded. s. The standards for granting a conditional use permit would be met, subject to the conditions stated. t. The conditional use permit shall remain in effect as long as the conditions required by the permit are observed. Any expansion or intensification of a conditional use or change to another conditional use required approval of a new conditional use permit. u. The applicant must obtain all necessary permits for the construction of the proposed project. APPLICABLE LAW 1. The conditional use permit request meets the following standards as required in the City of Hutchinson Municipal Code: (a) The proposed building or use at the particular location requested is necessary or desirable to provide a service or a facility which is in the interest of the public convenience and will contribute to the general welfare of the neighborhood or community; (b) The proposed building or use will not have a substantial or undue adverse effect upon adjacent property, the character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare; and Resolution # 15037 Site Plan, CUP, Preliminary/Final plat, Vacation of Alley Prince of Peace Second Addition Page 4 (c) The proposed building or use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations. CONCLUSIONS OF THE LAW 2. The requested conditional use permit is consistent with the comprehensive plan. 3. The proposed use will not have a substantial or undue adverse effect upon adjacent property, character of the neighborhood, traffic conditions, utility facilities and other matters affecting the public health, safety and general welfare. 4. The proposed use will be designed, arranged and operated so as to permit the development and use of neighboring property in accordance with the applicable district regulations NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Hutchinson, Minnesota, that the applications to issue a site plan, conditional use permit, preliminary and final plat and vacation of alley to construct an addition to Prince of Peace Senior Apartments located at 301 Glen St SW., Hutchinson MN is approved. Adopted by the City Council this 12th day of November, 2019. ATTEST: Matthew Jaunich City Administrator Gary T. Forcier Mayor CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/23/19 - 11/12/19 Check Date Check Vendor Name Description Amount 11/04/2019 207675 PURSE-A-NALITIES VOID & REISSUE #207937 TO CORRECT VENDOR (1,000.00) 10/23/2019 207933 MINNESOTA DEPT OF HEALTH WATERMAINS - TH15 DOWNTOWN RECONSTRUCTION 150.00 10/25/2019 207934 MNPEA PAYROLL 10/6 - 10/19/2019 585.00 10/25/2019 207935 Unum Life Insurance PAYROLL 10/6 - 10/19/2019 1,176.33 10/25/2019 207936 HART PAYROLL 10/6 - 10/19/2019 585.47 10/25/2019 EFT1067 EFTPS PAYROLL 10/6 - 10/19/2019 65,024.94 10/25/2019 EFT1068 Child Support PAYROLL 10/6 - 10/19/2019 149.54 10/25/2019 EFT1069 MN Dept of Revenue PAYROLL 10/6 - 10/19/2019 11,988.55 10/25/2019 EFT1070 Provident Life Insurance PAYROLL 10/6 - 10/19/2019 655.60 10/25/2019 EFT1071 PERA PAYROLL 10/6 - 10/19/2019 50,709.64 10/25/2019 EFT1072 TASC-Flex PAYROLL 10/6 - 10/19/2019 1,551.25 10/25/2019 EFT1073 TASC-H S A PAYROLL 10/6 - 10/19/2019 12,899.81 10/25/2019 EFT1074 ICMA PAYROLL 10/6 - 10/19/2019 2,460.00 10/25/2019 EFT1075 VOYA PAYROLL 10/6 - 10/19/2019 530.00 10/25/2019 EFT1076 MNDCP PAYROLL 10/6 - 10/19/2019 350.00 11/04/2019 207937 MARK SCHMIDT EDA SIGN & AWNING GRANT 1,000.00 11/12/2019 207938 ABEL REALTY ADVISORS, LLC OCT RETAILER BILLING: ECONO FOODS/POLICE FAC 3,500.00 11/12/2019 207939 ABELSON, RANDY REIMB: MSFCA CONF IN DULUTH - FIRE 227.36 11/12/2019 207940 ACE HARDWARE REPAIR & MAINTENANCE SUPPLIES - VARIOUS DEPTS 1,194.46 11/12/2019 207941 VOID - 11/12/2019 207942 ADS ON BOARDS COMPLETE HOCKEY BOARD CLEANING & SEAL 900.00 11/12/2019 207943 ALLSTATE PARTS OF GLENCOE VALVE, BRAKE KITS, CORES - CREEKSIDE TRAILERS 346.83 11/12/2019 207944 ALPHA TRAINING & TACTICS LLC BALLISTIC HELMET AND GAS MASK PROJECT -POLICE 7,156.80 11/12/2019 207945 ALPHA WIRELESS NOVEMBER MAINT ON RADIO EQUIP - POLICE 794.75 11/12/2019 207946 AMERICAN BOTTLING CO OCTOBER COST OF GOODS - LIQUOR STORE 314.64 11/12/2019 207947 AMERICAN DOOR WORKS REPAIRED DOOR 10/21/19 - CIVIC ARENA 178.50 11/12/2019 207948 AMERICAN WATER WORKS ASSN MIKE LIEN 12/1/19- 11/30/20 MEMBERSHIP 403.00 11/12/2019 207949 AMERIPRIDE SERVICES MONTHLY SERVICES - LIQUOR STORE 126.58 11/12/2019 207950 ANCHOR PROMOTIONS HELMETS, BANDS, BADGES, PENCILS - FIRE DEPT 1,061.70 11/12/2019 207951 ANIMAL MEDICAL CENTER ON CROW RIVER PROCESSING/BOARDING FEES - POLICE 3,305.00 11/12/2019 207952 ARCTIC GLACIER USA INC. OCTOBER COST OF GOODS - LIQUOR STORE 354.58 11/12/2019 207953 ARROWHEAD FORENSICS EVIDENCE BAGS, SYRINGE TUBES, EVIDENCE TAPE 275.55 11/12/2019 207954 ARTISAN BEER COMPANY OCT COST OF GOODS - LIQUOR STORE 2,219.55 11/12/2019 207955 AUTO VALUE - GLENCOE AUTO REPAIR PARTS - HATS 206.14 11/12/2019 207956 AUTOMATIC SYSTEMS CO 10/3 SERVICE: VERIFIED PROGRAMS, BACKUP - WWTP 1,533.60 11/12/2019 207957 B & C PLUMBING & HEATING INC INSTALL RPZ @ WWTP 142.32 11/12/2019 207958 BARN YARD, THE PALLETS 7/12/18 - 9/20/19 - CREEKSIDE 2,460.00 11/12/2019 207959 BASF CORPORATION STARBURST RED, MULCH MAGIC- CREEKSIDE 8,232.00 11/12/2019 207960 BAUER BUILT INC AIRP-457: TIRES (4) 355.08 11/12/2019 207961 BELLBOY CORP OCT COST OF GOODS - LIQUOR STORE 5,475.55 11/12/2019 207962 BERGER HORTICULTURAL PRODUCTS LTD BP FINE PEAT- CREEKSIDE 11,222.12 11/12/2019 207963 BERNICK'S OCT COST OF GOODS - LIQUOR STORE 518.20 11/12/2019 207964 BIOBAG AMERICAS INC 2019 BIO-BAG PURCHASE - REFUSE 3,885.00 11/12/2019 207965 BLUDORN BUILDERS REMODEL BATHROOMS AT HUTCHINSON LIBRARY 52,463.87 11/12/2019 207966 BLUE VALLEY SOD 10/14 PEAT DELIVERED - CREEKSIDE 3,600.00 11/12/2019 207967 BNO SHEET METAL INC REPAIRED IR HEATER FLUES - CIVIC ARENA 360.00 11/12/2019 207968 BOLTON & MENK INC. 2018 AIRPORT ZONING & T-HANGAR SERVICES 3,052.59 11/12/2019 207969 BRANDON TIRE CO F150 TIRE REPAIRS & NEW BOBCAT TIRES- PARKS 1,249.96 11/12/2019 207970 BREAKTHRU BEVERAGE OCT COST OF GOODS - LIQUOR STORE 11,687.73 11/12/2019 207971 BRETH-ZENZEN FIRE PROTECTION SPRINKLER MAINT - CIVIC ARENA & REC CENTER 1,225.00 11/12/2019 207972 BROTHERS FIRE PROTECTION COMPANY SERVICE: TROUBLE ON PANEL- WWTP 465.00 11/12/2019 207973 BUREAU OF CRIM. APPREHENSION CJDN ACCESS FEES - POLICE 390.00 11/12/2019 207974 BW WELDING FABRICATION - U-STRAP - WWTP 788.60 11/12/2019 207975 C & L DISTRIBUTING OCT COST OF GOODS - LIQUOR STORE 47,670.84 11/12/2019 207976 CANNON RIVER WINERY OCT COST OF GOODS - LIQUOR STORE 132.00 11/12/2019 207977 CARD SERVICES CASH WISE SUPPLIES - SENIOR CENTER 21.53 11/12/2019 207978 CARS ON PATROL SHOP LLC TOW FOR TWO VEHICLES - POLICE 300.00 11/12/2019 207979 CENTRAL HYDRAULICS EQUIPMENT REPAIR PARTS- VARIOUS DEPTS 1,687.97 11/12/2019 207980 CENTRAL MCGOWAN ACETYLENE, HIGH PRESSURE - WWTP 34.72 11/12/2019 207981 1 CHEMISOLV CORP FLOCCULENT & FERRIC CHLORIDE - WWTP 7,661.62 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/23/19 - 11/12/19 Check Date Check Vendor Name Description Amount 11/12/2019 207982 CHRIS CARRIGAN REFUND 2 COMMUNITY ED CLASSES 51.00 11/12/2019 207983 CINTAS CORPORATION MONTHLY SERVICES - VARIOUS DEPTS 307.14 11/12/2019 207984 CLEAR DATA COMPANY LLC LC3000 CONTROLLER, INET900 RADIO - WWTP 4,850.00 11/12/2019 207985 COLDSPRING ROSE NICHE FRONT- CEMETERY 257.00 11/12/2019 207986 CORE & MAIN LP WATER METERS (16) 2,115.55 11/12/2019 207987 CREEKSIDE SOILS BITCON FOR PARKS DEPT 4.13 11/12/2019 207988 CROW RIVER AUTO & TRUCK REPAIR POLICE OIL CHGS (2), REPAIRS ON 2 OTHER DEPTS 615.72 11/12/2019 207989 CROW RIVER GOLF CLUB BANQUET, RENTAL 10/24/19 - LIQUOR EVENT 587.81 11/12/2019 207990 CROW RIVER PRESS INC SENIOR NEWSLETTERS PRINTING 93.41 11/12/2019 207991 CROW RIVER WINERY OCT COST OF GOODS - LIQUOR STORE 1,906.80 11/12/2019 207992 DELANO CEMETERY SERVICES INC D.HATTEN/D.JOHNSON MEMORIALS - PD PARK 220.00 11/12/2019 207993 DOG -ON -IT -PARKS ROLL BAGS - DOG PARK 240.08 11/12/2019 207994 DOMINO'S PIZZA 16 LARGE PIZZAS -ADAPTIVE REC NIGHT 115.96 11/12/2019 207995 DORSEY & WHITNEY LLP PRINCE OF PEACE FINANCING - LEGAL FEES 1,750.00 11/12/2019 207996 DUININCK INC L1P19-01 5TH AVE PROJECT PAY #5 - FINAL PAYMENT 58,632.04 11/12/2019 207997 EAST SIDE OIL COMPANIES DIESEL & LUBRICANTS - VARIOUS DEPTS 1,306.96 11/12/2019 207998 ECOLAB PEST ELIMINATION RODENT PROGRAM 10/16 - POLICE & REFUSE 226.45 11/12/2019 207999 EHLERS & ASSOCIATES INC 2018 TIF REPORTING FEES - NEWSPAPER PUBLICATION 245.00 11/12/2019 208000 EISCHENS, THERESA REIMB: SAFETY FOOTWEAR 100.99 11/12/2019 208001 ELDER, JULIE EDA COMMERICAL LOAN - URBAN HAIR SALON 20,905.00 11/12/2019 208002 ENVIRONMENTAL TOXICITY CONTROL CHRONIC TOXICITY TESTING, FINAL EFFLUENT - WWTP 1,300.00 11/12/2019 208003 FARM -RITE EQUIPMENT HYD CUTE ASSY, NUTS, SKID SHOES, EDGE - PARKS 1,257.64 11/12/2019 208004 FASTENAL COMPANY TOOLS & REPAIR SUPPLIES - VARIOUS DEPTS 845.85 11/12/2019 208005 FIL-TREK CORPORATION 5 MICRON RO PRE -FILTERS - WTP 3,730.56 11/12/2019 208006 FILZEN, MARY REIMB: MDRA MEETINGS MILEAGE & PARKING 118.97 11/12/2019 208007 FIRST CHOICE FOOD & BEVERAGE SOLUTI COFFEE - HATS AND CITY CENTER 425.10 11/12/2019 208008 FIRST STATE TIRE RECYCLING 9.41 TONS OF TIRES RECYCLED - HATS 1,589.08 11/12/2019 208009 FLOORCOAT MIDWEST, LLC 6 EA. AIR RELIEF VALVE VAULT, LINE/COAT - WWTP 16,570.00 11/12/2019 208010 FORKLIFTS OF MINNESOTA INC TROUBLESHOOT CHECK ENGINE LIGHT ON / REP - HATS 270.07 11/12/2019 208011 GEB ELECTRIC INC ELECTRICAL REPAIRS - CIVIC ARENA & REC CENTER 574.50 11/12/2019 208012 GOPHER STATE FIRE EQUIPMENT CO. ANNUAL INSPECTIONS AT ALL CITY FACILITIES 2,742.58 11/12/2019 208013 GRAINGER MAINTENANCE SUPPLIES- VARIOUS DEPTS 1,839.49 11/12/2019 208014 GRAUPMANN, STACY DJ DANCE - SENIOR CENTER 100.00 11/12/2019 208015 HACH COMPANY LAB SUPPLIES - WWTP 217.28 11/12/2019 208016 HALQUIST, DAVID REIMB: DLI SPRING SEMINAR, JEANS 123.08 11/12/2019 208017 HANSEN TRUCK SERVICE WALKING FLOOR TRAILER REPAIRS - CREEKSIDE 398.25 11/12/2019 208018 HARTFORD, THE 2019/2020 SOLAR ARRAY INSURANCE PREMIUM 5,800.00 11/12/2019 208019 HAWK PERFORMANCE SPECIALITIES PAINT/SEAL ICE ARENA 3,720.00 11/12/2019 208020 HCVN-TV 3RD QTR CABLE TV FRANCHISE FEES 23,511.83 11/12/2019 208021 HILLYARD/ HUTCHINSON TOWELS, TOILET PAPER, REPAIRS TO VACUUM 314.23 11/12/2019 208022 HJERPE CONTRACTING REPAIRS ATTWO LOCATIONS- WATER/STORM WAT 1,401.80 11/12/2019 208023 HOHENSTEINS INC OCT COST OF GOODS - LIQUOR STORE 564.50 11/12/2019 208024 HOLDEN ELECTRIC CO INC AIRPORT REEL LIGHT MAINT 863.60 11/12/2019 208025 HOLT MOTORS INC STRT-115: TENSIONER REPAIR 143.57 11/12/2019 208026 HOLT-PETERSON BUS 12/12/19 TOUR - JOSEPH GRILL, HISTORY THEATER 645.00 11/12/2019 208027 HOTSYMINNESOTA.COM REPAIR LEAKING PUMP - WWTP 210.85 11/12/2019 208028 HUTCH CAFE LUNCHES FOR EDA MEETINGS - 3 SEPARATE MEETINGS 279.00 11/12/2019 208029 HUTCHINSON BOYS TENNIS BIO BAG DELIVERY- REFUSE 500.00 11/12/2019 208030 HUTCHINSON CO-OP FUEL FOR CREEKSIDE AND POLICE 6,657.97 11/12/2019 208031 HUTCHINSON CONVENTION & VISITORS BU SEPTEMBER 2019 LODGING TAX 10,497.61 11/12/2019 208032 HUTCHINSON LEADER LIQUOR STORE ADVERTISING & CITY PUBLISHING 637.87 11/12/2019 208033 HUTCHINSON SENIOR ADVISORY BOARD NOVEMBER NEWSLETTER POSTAGE 110.00 11/12/2019 208034 HUTCHINSON WHOLESALE #1550 SHOP SUPPLIES- PUBLIC WORKS 405.11 11/12/2019 208035 HUTCHINSON WHOLESALE #1551 SHOP SUPPLIES - CREEKSIDE 224.54 11/12/2019 208036 HUTCHINSON WHOLESALE #1552 SHOP SUPPLIES - PARKS 698.93 11/12/2019 208037 INDIGITAL, INC. SCANNED DOCUMENTS & DESTRUCTION - BLDG INSP 1,257.91 11/12/2019 208038 INGSTAD BROADCASTING KARP: LIQUOR STORE RADIO ADVERTISING 515.00 11/12/2019 208039 INSELMANN, ERIC REIMB: WELDING TABLE FOR HATS 147.49 11/12/2019 208040 INTEPLAST GROUP SPLENDORGROT" BAG FILM - CREEKSIDE 74,109.79 11/12/2019 208041 1 INTERSTATE BATTERY SYSTEM MINNEAPOL BATTERIES FOR HATS SHOP 126.95 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/23/19 - 11/12/19 Check Date Check Vendor Name Description Amount 11/12/2019 208042 INTERSTATE POWER COMPANIES INC NEX LOCKING KEY - CREEKSIDE 1,343.99 11/12/2019 208043 J&L INDUSTRIAL SUPPLY FAN NOZZLES - WWTP 654.50 11/12/2019 208044 JACK'S UNIFORMS & EQUIPMENT SHIRTS, PANTS, BELT- HOSPITAL SECURITY GUARDS 342.64 11/12/2019 208045 JAUNICH, MATT REIMB: ICMA CONFERENCE EXPENSES 109.24 11/12/2019 208046 JAY MALONE MOTORS SWITCH ASSEMBLY - PARTS FOR PARKS VEHICLE 43.77 11/12/2019 208047 JEFF MEEHAN SALES INC. SEPT & OCT 2019 CREEKSIDE COMMISSIONS 3,573.93 11/12/2019 208048 JENNELLE STIRAS REFUND COMMUNITY EDUCATION CLASS 23.00 11/12/2019 208049 JESSE BJUR REFUND FEE - PARENT COACHING 50.00 11/12/2019 208050 JESSICA CRAWFORD REFUND FEE FOR TENNIS 60.00 11/12/2019 208051 VOID 3,324.00 11/12/2019 208052 JOHNSON BROTHERS LIQUOR CO. OCT COST OF GOODS - LIQUOR STORE 36,728.52 11/12/2019 208053 KAHNKE BROTHERS NURSERY VARIOUS TREES/PLANTS- GATEWAY PARK/OTHER 1,326.42 11/12/2019 208054 KENT, JOHN REIMB: SAFETY FOOTWEAR 175.00 11/12/2019 208055 KERI'S CLEANING & HANDYMAN SERVICES 10/16 - 10/31 CITY CTR, LIBRARY, SR DINE, FIRE, LIQUOR 3,344.00 11/12/2019 208056 KOHLS SWEEPING SERVICE LAYOUT & STRIPE CENTER & FOG LINE @ DEPOT 175.00 11/12/2019 208057 KRAEMER TRUCKING & EXCAVATING INC. 1_151318-15 PAY #6 - AIRPORT HANGAR PROJECT 2,134.44 11/12/2019 208058 KRANZ LAWN & POWER REPAIRS SUPPLIES - STREETS 174.67 11/12/2019 208059 KWIK TRIP CONCESSION SUPPLIES - RECREATION CENTER 78.00 11/12/2019 208060 L & P SUPPLY CO SPARK PLUG & 0-RING - PARKS REPAIRS 5.72 11/12/2019 208061 LOCHER BROTHERS INC OCT COST OF GOODS - LIQUOR STORE 50,621.50 11/12/2019 208062 LTP ENTERPRISES MATERIAL AND LABOR TO REPAIR WELL 5 - WTP 54,425.00 11/12/2019 208063 M. MILLER TRUCKING CREEKSIDE FREIGHT TO DE PERE, WI 775.00 11/12/2019 208064 MARSHALL CONCRETE PRODUCTS PAVERS, EDGING - GATEWAY PARK 1,499.81 11/12/2019 208065 MARTIN-MCALLISTER PUBLIC SAFETY ASSMT: B KUTTNER - HOSPITAL SEC 550.00 11/12/2019 208066 MATHESON TRI-GAS INC ACETYLENE, HIGH PRESSURE - WWTP 22.17 11/12/2019 208067 MCLEOD COUNTY AUDITOR -TREASURER 2019 ASSESSMENT/MAINT FEES 61,152.00 11/12/2019 208068 MCLEOD COUNTY FIRE CHIEFS ASSN ACTIVE 911 CELL PHONE SERVICES, ANNUAL DUES 360.00 11/12/2019 208069 MCLEOD COUNTY HHW RECYCLE APPLIANCE - STREETS 10.00 11/12/2019 208070 MCLEOD FOR TOMORROW STRENGTHS FINDER CLASS: E INSELMANN, J OLSON 198.00 11/12/2019 208071 MEDICA November Medical Insurance 136,885.89 11/12/2019 208072 MEEKER WASHED SAND & GRAVEL SAND FOR CREEKSIDE PRODUCTION 5,618.10 11/12/2019 208073 MENARDS HUTCHINSON REPAIR & MAINTENANCE SUPPLIES - VARIOUS DEPTS 2,134.31 11/12/2019 208074 VOID 11/12/2019 208075 MESERB 2019-2020 MEMBERSHIP ASSESSMENT - WWTP 4,365.00 11/12/2019 208076 MILLERBERND MANUFACTURING CO SAP 133-130-002 1_21319-02 - TH15 & SGR PROJECT 57,804.00 11/12/2019 208077 MINI BIFF 9/9 - 10/21 DOG PARK & SHOOTING RANGE 195.84 11/12/2019 208078 MINNEAPOLIS, CITY OF SEPTEMBER APS FEES 37.80 11/12/2019 208079 MINNESOTA PETROLEUM SERVICE EMERGENCY REPAIRS TO HATS FUEL PUMPS 1,544.80 11/12/2019 208080 MINNESOTA VALLEY TESTING LAB WWTP SAMPLE TESTING SERVICES 1,220.00 11/12/2019 208081 MN DEPT OF TRANSPORTATION JOB COST TRANSFERS - SGR PROJECT 595.32 11/12/2019 208082 MORGAN CREEK VINEYARDS OCT COST OF GOODS - LIQUOR STORE 454.80 11/12/2019 208083 MTI DISTIBUTING, INC. FILTERS, BLADE, OIL, ROLLERS, GROMMETS - PARKS 1,278.27 11/12/2019 208084 NASH FINCH COMPANY 3RD QTR 2019 CAM - LIQUOR STORE 619.86 11/12/2019 208085 NORTH CENTRAL INTERNATIONAL ENGINE-2: TROUBLESHOOT & INSTALL OIL FILL CAP 206.78 11/12/2019 208086 NORTHERN BUSINESS PRODUCTS OFFICE SUPPLIES - POLICE, LIQUOR & CREEKSIDE 324.47 11/12/2019 208087 NORTHERN STATES SUPPLY INC EQUIPMENT REPAIR PARTS- HATS 349.57 11/12/2019 208088 O'REILILY AUTO PARTS DEGREASER, ANTIFREEZE, MUSCLE MAGIC- PARKS 175.71 11/12/2019 208089 OFFICE OF MN IT SERVICES SEPTEMBER SERVICES - DMV 169.73 11/12/2019 208090 PAULSON, DEB REIMB: APP FEE, LICENSE FEE, REFRESHER COURSE 235.96 11/12/2019 208091 PAULSON, JOHN REIMB: PW LEAD ACADEMY, OP LIC RENEWAL FEE 167.07 11/12/2019 208092 PAUSTIS WINE COMPANY OCT COST OF GOODS - LIQUOR STORE 2,025.45 11/12/2019 208093 PEN & INC. GRAPHICS, MATERIALS, PHOTO, PLATES- CREEKSIDE 3,143.29 11/12/2019 208094 PENMAC STAFFING SERVICES, INC. CREEKSIDE TEMP STAFFING 10/13 - 11/2/2019 9,193.54 11/12/2019 208095 PHILLIPS WINE & SPIRITS OCT COST OF GOODS - LIQUOR STORE 30,764.00 11/12/2019 208096 PIONEERLAND LIBRARY SYSTEM 4TH QTR 2019 FUNDING - LIBRARY 44,197.50 11/12/2019 208097 PLUNKETTS PEST CONTROL SEP-OCT GENERAL PEST CONTROL - CIVIC ARENA 241.90 11/12/2019 208098 POLZIN, REED UB refund for account: 2-070-7010-3-00 203.07 11/12/2019 208099 POSTMASTER REIMBURSE POSTAGE DUE ACCOUNT- UTILITY BILLS 50.00 11/12/2019 208100 POSTMASTER POSTAGE - UTILITY BILLS ESTIMATE 1,500.00 11/12/2019 208101 PREMIUM WATERS OCTSERVICES-PARKSGARAGE 31.74 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/23/19 - 11/12/19 Check Date Check Vendor Name Description Amount 11/12/2019 208102 PRO AUTO MN INC. FIRE DURANGO - OIL CHANGE, TIRE ROTATION/REPAIR 79.45 11/12/2019 208103 PROFESSIONAL WATER TECHNOLOGIES INC SPECTRAGUARD 100 ANTISCALANT - WTP 5,369.00 11/12/2019 208104 PROTEC PERM PORTS, SEALS, 0-RINGS, CONE - WTO 2,676.00 11/12/2019 208105 QUADE ELECTRIC INSTALL HTI/UPONOR SIGN - HWY 7E 7,387.90 11/12/2019 208106 QUILL CORP CLEANING SUPPLIES- POLICE & REC BUILDING 321.04 11/12/2019 208107 R & R EXCAVATING L21319-02 9/24 - 10/28'19: PAY #3 - SGR PROJECT 818,884.41 11/12/2019 208108 RANDY'S REPAIR SERVICE REPAIRS TO CREEKSIDE TRAILER & SEMI 1,033.23 11/12/2019 208109 REDLINE SYSTEMS INC. STEEL TUBING - PARKS DEPT 195.00 11/12/2019 208110 REINER ENTERPRISES INC 10/14, 10/17 FLATBED TRUCKING - CREEKSIDE 783.24 11/12/2019 208111 REVIER WELDING WELDING SERVICES - HATS & WTP 740.32 11/12/2019 208112 RICE COMPANIES, INC. ROOF, CORNICE, WORK ON THE PUBLIC LIBRARY 93,909.00 11/12/2019 208113 RICK'S J&R REPAIR & RADIATOR #2923 2017 MACK: RECHARGE A/C - STREETS 1,476.91 11/12/2019 208114 ROBYNN REAL ESTATE EDA SIGN & AWNING GRANT 6,000.00 11/12/2019 208115 ROCHELLE MERKINS REFUND FEE FOR COACHING 50.00 11/12/2019 208116 RUNNING'S SUPPLY MAINTENANCE SUPPLIES - VARIOUS DEPTS 833.26 11/12/2019 208117 RYAN MACKENTHUN REFUND FEE FOR COACHING 50.00 11/12/2019 208118 SAM'S TIRE SERVICE MOUNT TIRES - STREETS / DOT INSPECT CREEKSIDE 844.95 11/12/2019 208119 SCHIMMEL CONSTRUCTION LLC HRA LOAN: ANDREW & TADUM CULPEPPER 8,000.00 11/12/2019 208120 SCHUMANN, MIKE REIMB: MSFCA CONF IN DULUTH 227.36 11/12/2019 208121 SEPPELT, MILES REIMB: BOARD OF DIR MTG, MN EC DEV FOUND 64.96 11/12/2019 208122 SHORT-ELLIOT-HENDRICKSON, INC SERVICES -LED LIGHTING, HAWK SYST & SO PARK WT 4,866.51 11/12/2019 208123 SIGNATURE MASONRY INC. RETAINING WALL REBUILD & SIDEWALK - 5TH AVE 3,600.00 11/12/2019 208124 SIMONSON LUMBER CO LUMBER, SCREWS, HANGER - PARKS DEPT 402.71 11/12/2019 208125 SMITH, TYLER & RACHEL UB refund for account: 3-075-0060-8-03 2.88 11/12/2019 208126 SOLUS LED LED LIGHTING - CITY CENTER 408.00 11/12/2019 208127 SOLUS LED NICOR LED PARKING LOT AREA FIXTURE - REC BLDG 461.18 11/12/2019 208128 SOUTHERN WINE & SPIRITS OF MN OCT COST OF GOODS - LIQUOR STORE 24,587.56 11/12/2019 208129 SPRING LAKE ENGINEERING SEPTEMBER - LIFT STATION UPGRADE SERVICES-WWTP 2,027.56 11/12/2019 208130 ST. PAUL STAMP WORKS ANIMAL TAGS, S-LINKS- POLICE 228.31 11/12/2019 208131 STANDARD PRINTING-N-MAILING OCTOBER UTILITY BILLS, CITY MAILING/POSTAGE 1,737.42 11/12/2019 208132 STAPLES ADVANTAGE OFFICE SUPPLIES - VARIOUS DEPTS 166.99 11/12/2019 208133 STREICH TRUCKING 10/14 HAULING - CREEKSIDE 440.00 11/12/2019 208134 STREICHER'S 9MM DUTY, .223 CAL AMMO- POLICE 3,884.98 11/12/2019 208135 STRUCTURAL SPECIALTIES INC L21318-02 5/31- 10/30'19: PAY #8 - 2ND AVE BRIDGE 20,024.87 11/12/2019 208136 STURGES, JASON REIMB: MSFCA CONF IN DULUTH - FIRE 286.14 11/12/2019 208137 SUSTEEN INC LIVE PATC TRAINING - POLICE 1,495.00 11/12/2019 208138 SWANSON FLO CO INSPECT, EVALUATE, TEST ACTUATORS - WWTP 476.38 11/12/2019 208139 SYN-TECH SYSTEMS TECH SUPPORT ON HATS FUEL SYSTEM 135.00 11/12/2019 208140 TASC December 2019 Flex Adm. Fees 96.90 11/12/2019 208141 TCIC, INC 8/12, 8/25, 8/26, 8/27 ENGINEERING HOURS - WWTP 750.00 11/12/2019 208142 TOWMASTER INC. STWT-106: HUB ASSY, BRAKE DRUM - STORM WATER 448.63 11/12/2019 208143 TRI COUNTY WATER BOTTLE WATER DELIVERY - POLICE & CREEKSIDE 207.50 11/12/2019 208144 TRIMBO, DAVID 10/15, 10-22, 10-23 DEEP CLEANING- POLICE FLOORS 945.00 11/12/2019 208145 TRIPLE G COMPANIES SITE WORK, CONCRETE PADS - SO PARK FRISBEE GOLF 3,500.00 11/12/2019 208146 TRUE BRANDS OCT COST OF GOODS - LIQUOR STORE 285.34 11/12/2019 208147 TUCHOLKE, ROBERT UB refund for account: 3-926-0610-0-00 8.78 11/12/2019 208148 TWO-WAY COMMUNICATIONS INC REPAIR RADIO IN PAYLOADER - TX ISSUES - STREETS 45.00 11/12/2019 208149 UNCLE CHARLIE'S FLOWERS II MUM PLANT: DEB VOSS - POLICE 44.25 11/12/2019 208150 UNITED FARMERS COOP DYED FUEL - HATS REFUEL SYSTEM 16,645.56 11/12/2019 208151 UNITED PACKAGING & DESIGN 80 GA BK 3 LAYER BLOWN UVI STRETCH - CREEKSIDE 7,404.00 11/12/2019 208152 UNIVERSITY OF MINNESOTA JOHN PAULSON RECERTIFICATION FEE 155.00 11/12/2019 208153 VALLEY SALES OF HUTCHINSON LAMP - WTP 78.91 11/12/2019 208154 VER-TECH SOLUTIONS & SERVICES NOVEMBER SENIOR DINING DISHWASHER RENTAL 69.95 11/12/2019 208155 VERIZON WIRELESS SEP 03 - OCT 02 SERVICES - POLICE 38.88 11/12/2019 208156 VIKING BEER OCT COST OF GOODS - LIQUOR STORE 19,360.30 11/12/2019 208157 VIKING COCA COLA OCT COST OF GOODS - LIQUOR STORE/CONCESSIONS 755.60 11/12/2019 208158 VINOCOPIA INC OCT COST OF GOODS - LIQUOR STORE 9,982.83 11/12/2019 208159 WASTE MANAGEMENT OF WI -MN 10/11 RESIDENTIAL REFUSE & SOURCE SEP DISPOSAL 16,743.05 11/12/2019 208160 WEST CENTRAL SHREDDING SHREDDING SERVICE AT CITY CENTER & POLICE 50.00 11/12/2019 208161 WILSON'S NURSERY INC TREES/PLANTS - FORESTRY 1,237.00 CHECK REGISTER A FOR CITY OF HUTCHINSON CHECK DATE FROM 10/23/19 - 11/12/19 Check Date Check Vendor Name Description Amount 11/12/2019 208162 WINE COMPANY, THE OCT COST OF GOODS - LIQUOR STORE 3,156.05 11/12/2019 208163 WINE MERCHANTS INC OCT COST OF GOODS - LIQUOR STORE 10,442.71 11/12/2019 208164 WM MUELLER & SONS FINE MIX - STREET MAINTENANCE MATERIAL 723.81 11/12/2019 208165 WM MUELLER & SONS L51319-06 8/29 - 10/23'19: PAY #3 FINAL - HTI/UPONOR 113,071.17 11/12/2019 208166 WOLD ARCHITECTS & ENGINEERS NEW POLICE FACILITY - SD: THRU 10/31/19 95.70 11/12/2019 208167 ZELLAS EDA SIGN & AWNING GRANT 1,000.00 11/12/2019 208168 DELL MARKETING, L.P. PRECISION 5820 - COMPUTERS FOR HUC 6,064.90 11/12/2019 208169 JOE'S SPORTS SHOP YOUTH BASKETBALL T-SHIRTS 1,200.00 Total - Check Disbursements: 1 $ 2,355,752.34 lutchinson Library ed Income ■City Contributions ■ County Contributions Gifts ■ Charges/Fines 62% Copy Machine Other 019 Budget - Hutchinson Public Library Estimated Expenditures rI ■ Staff ■ PLS/Library Services Collection ■ Programming and Supplies 63°l New Equipment ■ Other - The above figures are based on the Hutchinson Public Library's 2019 working budget. Created 10-31-19. HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Review of WWTF Flushable Wipes Issue and Recent City Staff Efforts Department: PW/Eng LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Tim Gratke/Kent Exner Agenda Item Type: Presenter: Tim Gratke/Kent Exner Reviewed by Staff ❑ Communications, Requests Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: As previously discussed with the City Council, City staff continue to have issues with "flushable" wipes and other similar items blocking/plugging a variety of locations within our wastewater collection and treatment systems. At this point, we would like to again share information regarding this situation (see attachments) and review recent staff efforts to address this situation. BOARD ACTION REQUESTED: None 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: N L a�i i Q 0 —O (6 Q} (B N a)a)� CD N [6 •V o Q 0, 0 ( cn O LL, N — Q ���C�°L�Q �Oo� c6 N ►�- � cQ N o �' Q c m N �' E _r G� 1 0- N cm con a) > >' 2 cn oL)o a)0�� L CL05a- D cn c� 0 0 D m -a� cu 4— o �} 0 (� ~ IZ- coon � O O 0 O � i . U O — = U cR (U (u 4— (Q N � M (n � cn v t� 0 v ��0 CD 0) L a0��, a o-��Q�o �� CY' U N _ _ o .s � ui Q � 0-.- ui :L ca � 0 �-0 (D aa) (D a� QM � � c co O �Zn Q N i _ LL O E Q cno ~ O (D � V ,J -11 L a) N (u N = N -0 O Q m cn 0) (U c6 Q a..+ +1 S U D D a)a--� a..� N �— O U o a� ZY 70 (a t3 (D (v N (D N U M cU G? U 0) o - 0 0 N CL CD a) U)cB�c�—o�zcu c a 0 0 Ah ___-4 /o ,r Non-flushableIPaper (Paper hand towels, tissues/napkins, etc.) 18% Noll lushable Baby wipes Flushable Wipes 1/0 m Iv11ez Vastewate atment: 13% Noll lushable 145ll Feminine hygiene Non-flushable; (tampons, pads, wrappers, etc.) Household wipes; (Surface, cosmetic, & medicated wipes, etc.) ; 7.4-V N%h,: Non-Flushable Materials 8 Flushable wipes - Read the label before flushing - it is (wipes labeled as flushable) important to follow package instructions! *Combined average of INDA/Maine Waste Water Control Association/Water Environment Federation/Portland Water District Collection Study at Westbrook Pumping Station, Maine: Average from three collection times: Sept. 20 & 21, 2011; Jan.10, 2012, and "Identification of Materials Entering the Moraga Pumping Station" by Ryan Casey, November 2010, Moraga CA. More info at www.inda.org/issues-advocacy/flushability HUTCHINSON CITY COUNCIL ci vof 0, a_ � Request for Board Action 79 M-W Agenda Item: Review of Draft TH15/Main Street Reconstruction Cooperative Agreement Department: PW/Eng LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Kent Exner Agenda Item Type: Presenter: Kent Exner Reviewed by Staff F1 Communications, Requests Time Requested (Minutes): 15 License Contingency N/A Attachments: No BACKGROUND/EXPLANATION OFAGENDA ITEM: Over the last few months, City staff has been working with MnDOT and project consultant representatives to develop the Cooperative Agreement associated with the upcoming TH15/Main Street Reconstruction Cooperative Agreement. At this point, City staff would like to review the draft agreement (to be provided prior to this meeting) and corresponding cost -sharing approach/analysis. Currently, the City's estimated project costs appear to be fairly aligned with previous cost estimations. Looking forward, the City Council could be asked to formally approve this agreement during their November 28th meeting. This schedule would allow for the special assessment process to begin shortly thereafter to ensure that the City is well situated prior to MnDOT's specified bid opening date (February 28, 2020). BOARD ACTION REQUESTED: None 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: HUTCHINSON CITY COUNCIL ci vof 0, a_ � Request for Board Action 79 M-W Agenda Item: Ordinance No. 19-809 - Transient Merchants/Peddlers/Solicitors/Food Vendors Department: Administration/Legal LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff F1 Communications, Requests Time Requested (Minutes): 10 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: Attached for your review is staffs attempt to combine the transient merchant and food vendor ordinances that we have been discussing the past several meetings. Staff feels that this combination has worked well and staff has incorporated the changes we have talked about along the way such as the city administrator issuing licenses, licenses for multi -vendor events, community festivals, etc. One thing to note is, in an attempt to address the Council's concern for sales activities that take place on private property, we did add the third paragraph and Section 111.04 to say that sales activities that take place on private property, if invited to do so, do not require licenses. With that provision added, a license from the City will only be required if the sales activities are taking place on public property. Staff looks forward to discussing this with you at the Council meeting. BOARD ACTION REQUESTED: Review draft of Ordinance No. 19-809 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: ORDINANCE 19-809 AN ORDINANCE REGULATING PEDDLERS, SOLICITORS, TRANSIENT MERCHANTS AND FOOD VENDORS The City Council hereby ordains: 111.01 DEFINITIONS. Except as may otherwise be provided or clearly implied by context, all terms shall be given their commonly accepted definitions. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. PEDDLER. Any person, whether a resident of the city or not, who goes from house to house, from place to place or from street to street, conveying or transporting goods, wares or merchandise or offering or exposing the same for sale or making sales and delivering articles to purchasers. It does not include vendors who distribute products to regular customers on regular established routes. SOLICITOR. Any person, whether a resident of the city or not, who goes from house to house, from place to place, or from street to street, in person or by telephone, soliciting or taking or attempting to take orders for sale of goods, wares or merchandise, including magazines, books, periodicals or personal property of any nature whatsoever for future delivery, or for service to be performed in the future, whether or not such individual has, carries or exposes for sale a sample of the subject of such order or whether or not he or she is collecting advance payments on such orders. Such definition includes any person who, for himself or herself, or for another person, firm or corporation, hires, leases, uses or occupies any building, motor vehicle, trailer, structure, tent, hotel room, lodging house, apartment, shop or other place within the city for the primary purpose of exhibiting samples and taking orders for future delivery. It does not include vendors who distribute products to or take orders from regular customers on regular established routes or display products or take orders at invited in -home demonstrations. TRANSIENT MERCHANT. Any person, firm or corporation, whether as owner, agent, consignee or employee whether a resident of the city or not, who engages in a temporary business of selling and delivering goods, wares and merchandise within the city, and who, in furtherance of such purpose, hires, leases, uses or occupies any building, structure, motor vehicle, lodging house, apartments, shops or any street, alley or other place within the city, for the exhibition and sale of such goods, wares and merchandise, either privately or at public auction. Such definition does not include any person who, while occupying such temporary location, does not sell from stock, but exhibits samples for the purpose of securing orders for future delivery only. The sale of farm or garden products, whether or not sold by the person producing the same, shall be included within the definition set forth above; provided, however, that, the City Council may exempt such farm and garden products from the chapter as are sold at a duly organized and authorized farmer's market. MOBILE FOOD CART. A non- motorized cart from which prepackaged or ready to eat foods are sold to the public. MOBILE FOOD VEHICLE. A self-contained vehicle or trailer used prepare and serve food or ice cream novelties that is readily movable without disassembling. TEMPORARY FOOD STAND. A food and beverage service establishment that is disassembled and move from location to location which operates no more than 21 days in the same location. FOOD VENDORS. Those persons owning or operating a mobile food cart, mobile food vehicle or temporary food stand. § 111.02 LICENSE REQUIRED (A) It is unlawful for any peddler, transient merchant, or food vendor to engage in any business within the city without first obtaining a license therefor from the city. It is unlawful for any solicitor to engage in any business within the city without first registering his or her business information with the city. Business information shall include: (1) Name of owner/agent of company performing solicitation; (2) Company address; (3) Contact phone number and e-mail address of owner/agent; (4) List of all employee names who will be working in the city; (5) Estimated time frame of operations in the city; (6) Products being sold, peddled or solicited; and (7) Other cities where operations have occurred. (B) Where licensing is referenced throughout the remainder of this chapter, it shall not apply to solicitors. § 111.03 Types of license An applicant may apply for the following types of license: (A) Annual License — an annual license for the activities contained in this chapter may be issued for the duration of a calendar year at a fee set by the City Council as part of the city's fee schedule. The fee shall not be prorated. (B)Temporary License - a license for the activities contained in this chapter may be issued for a period of up to three consecutive days at a fee set by the City Council as part of the city's fee schedule. A maximum of four temporary licenses per calendar year will be issued to the same applicant or for the same location. (C) Multi -vendor Sponsored Event License — a license for events hosted by an individual or entity that will have three or more licensee in attendance. This license will not be issued to the same applicant or for the same location more than four times in a calendar year and each license is limited to a period of up to three consecutive days. It shall be the responsibility of the sponsor of the event to provide all of the information required under this chapter for all transient merchants attending the sponsored event. The fee for this license shall be set by the City Council as part of the city's fee schedule. § 111. 04 EXEMPTIONS This chapter does not include the acts of persons selling personal property at wholesale to dealers in such articles nor to the acts of merchants or their employees in delivery goods in the regular course of business. Nor shall the provisions of this chapter be applied to the acts of persons selling or displaying personal property, goods or wares to merchants or their employees for use in the merchant's business or sale upon consignment by the merchant. Multi -vendor events that are held at the Hutchinson Event Center, McLeod County Fairgrounds, Hutchinson Mall or are sponsored by the Chamber of Commerce are exempt. Nothing contained in this chapter prohibits any sale required by statute or by order of any court, or prevents any person conducting a bona fide auction sale pursuant to law. Any person may sell or peddle the products of the farm or garden that they occupy and cultivate without obtaining a license therefor. No license is required under this chapter if sales activities take place on private property if the merchant solicitor, peddler or vendor have been previously invited to conduct sales activities on the property by the owner or occupant of the private property. § 111.05 APPLICATION. (A) Applicants for a license under this chapter shall file with the City Administrator a sworn application in writing on a form to be furnished by the City Administrator. (B) The application shall give the following information: (1) Name and physical description of applicant; (2) Complete permanent home and local address of the applicant and, in the case of transient merchants, the local address from which proposed sales will be made; (3) A brief description of the nature of the business and the goods to be sold; (4) The name and address of the employer, principal or supplier of the applicant, together with credentials therefrom establishing the exact relationship; (5) The length of time for which the right to do business is desired; (6) The source of supply of the goods or property proposed to be sold, or orders taken for the sale thereof, where such goods or products are located at the time said application is filed, and the proposed method of delivery; (7) The names of at least two property owners of the county who will certify as to the applicant's good character and business respectability or, in lieu of the names of references, such other available evidence as to the good character and business responsibility of the applicant as will enable an investigator to properly evaluate such character and business responsibility; (8) A statement as to whether or not the applicant has been convicted of any crime, misdemeanor or violation of any city code provision, other than traffic violations, the nature of the offense and the punishment or penalty assessed therefor; (9) The last municipalities, not to exceed three, where applicant carried on business immediately preceding date of application and the addresses from which such business was conducted in those municipalities; and (10) At the time of filing the application, a license/investigation fee adopted by ordinance of the Council shall be paid to the City Administrator to cover the cost of investigation of the facts stated therein. § 111.06 RELIGIOUS AND CHARITABLE ORGANIZATIONS; EXEMPTION. The provisions of this chapter shall not apply to any organization, society, association or corporation desiring to solicit or have solicited in its name money, donations of money or property or financial assistance of any kind or desiring to sell or distribute any item of literature or merchandise for which a fee is charged or solicited from persons other than members of such organizations upon the streets, in office or business buildings, by house to house canvass or in public places for a charitable, religious, patriotic or philanthropic purpose. § 111.07 INVESTIGATION AND ISSUANCE. (A) Upon receipt of each application, it shall be referred to the Chief of Police, who shall immediately institute such investigation of the applicant's business and moral character as he or she deems necessary for the protection of the public good and shall endorse the application in the manner prescribed in this chapter within seven days after it has been filed by the applicant with the City Administrator. (B) As a result of such investigation, the Chief of Police shall endorse his or her approval or disapproval on such application and his or her reasons for the same and return the application to the City Administrator. (C) If the City Administrator shall reject such application, the City Administrator shall notify the applicant that his or her application is not approved and that no license will be issued. If the City Administrator shall approve such application, the City Administrator shall deliver to the applicant his or her license. Such license shall contain the signature of the issuing officer and shall show the name and address of the licensee, the class of license issued and the kinds of goods to be sold thereunder, the date of issuance and the length of time, not to exceed one year from the date of issuance that the same shall be operative, as well as the license number. Each peddler, solicitor, transient merchant or food vendor must secure a personal license. No license shall be used at any time by any person other than the one to whom it is issued. The City Administrator shall keep a permanent record of all licenses issued. (D) An applicant whose license application has been denied by the City Administrator may appeal the denial by requesting a hearing before the City Council as set forth in § 111.16. § 111.08 LOUD NOISES AND SPEAKING DEVICES. No licensee, nor any person in his or her behalf, shall shout, cry out, blow a horn, ring a bell or use any sound amplifying device upon any of the streets, alleys, parks or other public places of the city or upon private premises where sound of sufficient volume is emitted or produced therefrom to be capable of being plainly heard upon the streets, avenues, alleys, parks or other public places, for the purpose of attracting attention to any goods, wares or merchandise which such licensee proposes to sell. § 111.09 INSURANCE All licensees under this chapter conducting activities on city owned or controlled property shall be properly insured naming the city as an additional insured for liability imposed by law arising out of the ownership, maintenance or operation of such cart or vehicle in amounts of at least $50,000 for the injury or death of one person, $100,000 for the injury or death of two or more persons and $10,000 for damage to property. § 111.10 USE OF STREETS. Except as pertains to food vendors in this chapter; (A) No licensee shall have any exclusive right to any location in the public streets, nor shall any be permitted a stationary location in the public streets or public right-of-way, nor shall any be permitted to operate in a congested area where such operation might impede or inconvenience the public use of such streets. (B) For the purpose of this chapter, the judgment of a police officer, exercised in good faith, shall be deemed conclusive as to whether the area is congested and the public impeded or inconvenienced. § 111.11 REQUIREMENTS PERTAINING TO FOOD VENDORS (A) All persons applying for a mobile food cart or food vehicle license shall first have obtained all proper licenses from the state and submit copies of said licenses to the city for review during license application process. (B) Licensees shall have a waste receptacle available to patrons and are responsible for all litter and waste generated by the food cart or food vehicle operation. No tables or chairs for customer use are permitted. (C) All signage, other than one sandwich board sign as permitted through the Planning Department shall be affixed to the food cart or food vehicle only. Use of sandwich board signs by licensees shall be subject to the requirements of this chapter. (D) All mobile food carts or food vehicles shall prominently display all relevant state and local licenses and permits. (E) In areas where parking spaces are delineated, no food vehicle shall occupy more than two parking spaces and shall otherwise comply with all parking regulations. § 111.12 RESTRICTIONS PERTAINING TO FOOD VENDORS. It is unlawful for any food vendor to engage in the following activities: (A) To operate within 100 feet of a restaurant that is open for service without the written consent of the restaurant owner or operator; (B) To operate a food cart within 500 feet of any festival, fair or civic event, except when authorized to do so by the event sponsor in writing; (C) To operate on public property or adjacent parking lots where a concession stand is open and operating; (D) To operate in violation of nuisance statutes or ordinances; (E) To operate on any public parking lot, trail or public sidewalk within four feet of the curb or roadway; (F) To operate in such a way as to impede normal traffic flow; (F) To permit smoking within 15 feet of the food cart or food vehicle; (G) To operate within five feet of any crosswalk, access ramp, disabled parking space or in a manner that would impede access to any adjacent business; (H) To sell or distribute alcoholic beverages; and/or (I) To disobey any order of the City Police Department. § 111.13 EXHIBITION OF LICENSE. Licensees are required to exhibit their license at the request of any citizen. § 111.14 DUTY OF POLICE TO ENFORCE. It shall be the duty of the police to require any person seen peddling, soliciting, canvassing or selling food items and who is not known by such officer to have obtained a license hereunder to produce his or her license and to enforce the provisions of this chapter against any person found to be violating the same. § 111. 15 RECORDS. The Chief of Police shall report to the City Administrator all convictions for violation of this chapter and the City Administrator shall maintain a record for each license issued and record the reports of violation therein. § 111. 16 DENIAL OR REVOCATION OF LICENSE AND HEARING. (A) Licenses applied for or issued under the provisions of this chapter may be denied or revoked by the Council after notice and hearing, for any of the following causes: (1) Fraud, misrepresentation or incorrect statement contained in the application for license; or in the case of a license denial, submitting an incomplete application; (2) Fraud, misrepresentation or incorrect statement made in the course of carrying on his or her business as solicitor, canvasser, peddler, transient merchant, itinerant merchant or itinerant vendor; (3) Any violation of this section; (4) Conviction of any crime or misdemeanor; and (5) Conducting the business of peddler, canvasser, solicitor, transient merchant, itinerant merchant or itinerant vendor, as the case may be, in an unlawful manner or in such a manner as to constitute a breach of peace or to constitute a menace to health, safety or general welfare of the public. (B) Notice of the hearing for the denial or revocation of a license shall be given by the City Administrator in writing, setting forth specifically the grounds of complaint and the time and place of hearing. Such notice shall be mailed, postage prepaid, to the licensee at his or her last known address at least five days prior to the date set for hearing, or shall be delivered by a police officer in the same manner as a summons at least three days prior to the date set for hearing. § 111.17 REAPPLICATION. No licensee whose license has been revoked shall make further application until at least six months have elapsed since the last previous revocation. § 111.18 EXPIRATION OF LICENSE. (A) All annual licenses issued under the provisions of this chapter shall expire at midnight on December 31 in the year when issued. (B) Other than the annual license, licenses shall expire at midnight on the date specified in the license. § 111.19 Community Festivals. The City Council retains the authority to determine what types of licensing, if any, are required of the sponsors of recognized community festivals. § 111.20 PENALTY. Violations of any portion of this section are punishable as a misdemeanor and are grounds for the suspension or revocation of any license issued herein. Adopted by the City Council this Gary T. Forcier, Mayor day of 2019. Attest: Matthew Jaunich, City Administrator HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: "Hutchinson Pillar Streetscape" Approval & Allocation of Funding Department: City Council/PAC LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Steve Cook Agenda Item Type: Presenter: Steve Cook Reviewed by Staff ❑ unfinished Business Time Requested (Minutes): 15 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: At the February 12th city council meeting, the council heard about the Hutchinson Pillar Streetscape project that is planned to be part of the Main St 2020 project. The estimated project cost was $75,000 and the council tentatively approved allocating up to $38,000 of city funds and $18,000 in public art funds towards the project, with the understanding that a grant would be applied for through the Southwest MN Arts Council for the remaining $19,000 and artist solicitations would be initiated through an RFQ process. The plan at that time was that the council would have the opportunity to provide final approval in September after artists had been selected and we heard back about the grant request. Since that time, artists have been chosen and designs for the tree and side panels have been developed. In addition architectural plans for the pillars themselves have been developed so they could be included with the MnDOT bid documents. However, a decision was made by the PAC to delay applying for the SMAC grant until the second round of grants. That application is due in December 2019 with a January announcement. This will allow us to submit more complete information with the grant request. That delay was advantageous because MnDOT advised us later that, due to underground utilities, the two pillars by 1st Ave S. would need to be moved around the corner on the side street portion of the new bump outs. Since the pillar by the Post Office was already on the side street, the decision was made to move the pillar on 1 st Ave N around the corner as well to provide consistency. This move placed the pillars on city property, which eliminated the need for MnDOT approval and allowed us to add a third side panel to each pillar. Following a short presentation that will provide information on the artists that were selected, the proposed designs, the updated locations, and an updated budget, the council will be asked to formalize their approval of the project and allocating up to $38,000 of city funds and $18,000 of public art funds to the project. That approval will be contingent on successful grant application(s) and/or donations to make up the remaining funds needed. BOARD ACTION REQUESTED: Approve/Deny Project and allocation of up to $38,000 of city funds and $18,000 of public art funds to the project. Approval will be contingent on successful grant application(s) and/or donations to make up fund needs. Fiscal Impact: $ 38,000.00 Funding Source: Community Improvement Fund or Other FTE Impact: Budget Change: No Included in current budget: No PROJECT SECTION: Total Project Cost: $ 80,000.00 Total City Cost: $ 56,000.00 Funding Source: $18,000 from PAC; up to $38,000 Comm. Imp. Remaining Cost: $ 24,000.00 Funding Source: Grants, Donations Pillar Notes RFQ's were posted for both the Oak Trees and the Side Panels on various artist sites. Artists could apply for either the oak trees, the side panels, or both. 2. Artist Selection Committee included Morgan Baum, Kris Haag, Lisa Hill, Mary Christensen and Steve Cook. We interviewed three artists for the Oak Trees and three artists for the Side Panels. Some applied for both. 3. Nick Legeros (Minneapolis) was the artist selected to create the oak tree sculptures. Nick has had two pieces in the Hutchinson Sculpture Stroll: "Dreams Take Flight" in Library Square last year and "Hillaway Ponies" by the Pedestrian Bridge in 2014. 4. Greg Mueller (Lutsen) was selected to create the side panels. Greg and Nick know each other and are looking forward to working together. 5. Originally the Pillars were going to be located along Main Street at these same general locations. However, when MnDOT looked at everything closer they decided that there was just too much underground infrastructure in the way so the pillars were moved around the corner onto city right of way. • Project consultant has assured us that these locations will work and they were originally identified as alternative locations. • A benefit to being on city right of way is that the city has approval of the project instead on MnDOT. • We are now able to add a third side panel to each pillar. • Kent Exner has been involved in all the discussions. 6. Small information plates will be installed on three sides of each pillar. These will be located on the lower tier of the cap. • The "value side" will have historical and contemporary information about the value. • The "leaf side" will have information about oak trees in general and information specific to the oak tree represented by the leaf • The "root side" will list the artists and recognition of funders. 7. Time capsules will be included in each pillar and the public will be invited to submit notes related to each value to be include in the time capsules. Nicholas Legeros Inc. SCULPTURE 84 14TH Avenue North East Minneapolis, Minnesota 55413 nlegeros@msn.com www.nikosculpture.com Studio phone (612) 270-2962 Resume EDUCATION: 1983 MFA, Studio Arts (Major in Sculpture, Minor in Art History) University of Minnesota, Minneapolis, MN 1978 University of Iowa (Graduate study in Sculpture) Iowa City, IA 1977 B.A. Studio Arts (Minor in Art History) Gustavus Adolphus College St. Peter, MN PAST EMPLOYMENT: Sept. 1992 - President, C.E.O. of Nicholas Legeros Inc., Minneapolis, MN Present Aug. 1981 - Artist -in -Residence, Minnetonka Center for the Arts, Minnetonka, MN May 2002 Sept. 1993 - Faculty, Art Department, Breck Schools, Golden Valley, MN June1994 Sept. 1988 - Community Faculty, Metropolitan State University, Minneapolis, MN Dec. 1993 Sept. 1988 - Instructor, Edina Art Center, Edina, MN Dec. 1993 1978 — 80 Sculptor's Assistant to Paul T. Granlund, Artist -in -Residence, Gustavus Adolphus College, St. Peter, MN SELECTED PUBLIC AND CORPORATE COMMISSIONS GLAMOROUS DAYS OF FLIGHT, 2015, Centennial Lake Park, Edina, MN, 11.5'w x 8.5h, 9 months, $125,000, John Horn, Past President Northwest Airlines, (612) 839-1133 GOLDY GOPHER, 2013, Coffman Union, University of Minnesota, Bronze and Granite, 6'3" x 7' x 2', 10 months, $107,000.00 Contact Maggie Maggie Towle, Director, Student Unions & Activities, University of Minnesota, (612) 625-8124 SID HARTMAN, 2010, Target Center, Minneapolis, MN, Bronze 6' 10" x 5', 8 months, $115,000.00 Contact Marty Davis, President and Chief Executive Officer of Cambria, (507) 665-4581 ST. JOSEPH, 2007, St. Joseph Hospital, St. Paul, MN, Bronze, 17' x 5' x 5', 10 months, $220,000.00 Contact John S. Swanholm, Vice President & Executive Director, HealthEast Foundation (651)-326-3570 OSSUARY AT ROSELAWN, 2007, Roselawn Cemetery, St. Paul, MN, Bronze and Granite, 56' x 4'6", 9 months, $150,000.00 Contact Larry Hudella, Superintendant, (651) 489-1720 JEAN DORAN KRAUSE, 2011, 412 Lofts Garden, Minneapolis, MN, Bronze 64" x 3' x 3', 7 months, $69,000.00 Kelly Doran, President, Doran Companies (612) 618-6040 GENERATIONS, 2006, Lifetouch Corp. Headquarters, Eden Prairie, MN, Bronze, 10' x10' x 10', 10 months, $250,000.00 ZEN ROCK GARDEN, 2004, Gustavus Adolphus College, St. Peter, MN, Bronze and Limestone, 17' x 8' x 6', 8 months $35,000.00 FR. MURPHY, 2004, University of St. Thomas, St. Paul, MN, Bronze, 6'6" x 4' x 4', 6 months, $65,000.00 Contact Harry McNeely, Trustee, (612)228-4501 HEALING WATERS 1 & 2, 2001, 2008, Hudson Hospital, Hudson, WI, Bronze and Limestone, 13' x 8' x 6', $150,000.00 Contact Marsha Welshons, Healing Arts Director, (715) 531-6059 TREE ARBOR, 2001, City of Grand Forks, ND, Bronze, 13' x 10' x 10', $60,000.00 References "St. Joseph" John S. Swanholm, CFRE, Vice President & Executive Director HealthEast Foundation 1690 University Avenue West Suite 250 St. Paul, MN 55104 Phone: (651)-326-3570 Fax: (651)-232-4834 E-mail: jsswanholm@healtheast.org "The Glamorous Days of Flying" John Horn, Past President of Northwest Airlines 5856 Masters Blvd Orlando, FL 32819-4072 Phone: (612) 839-1133 E-mail: jssshorn@aol.com "Goldy Gopher" Denny Olsen, Interim Director Student Unions & Activities University of Minnesota 500 Coffman Memorial Union 300 Washington Avenue SE Minneapolis, MN 55455 Phone: (612) 624-4636 Email: olsen013Aumn.edu Greg Mueller MUELLER STUDIO PO Box 196 Lutsen, Minnesota 55612 Studio: 419 575 8753 www.greglmueller.com glmuellerstudioCa)-gmail.com Resume EDUCATION M.F.A. Sculpture, Montana State University School of Art, Bozeman, Montana Apprenticeship, Granlund Studio, Gustavus Adolphus College, St. Peter, Minnesota Post -Baccalaureate Year, Massachusetts College of Art, Boston, Massachusetts B.S. Studio Art, St. John's University, Collegeville, Minnesota PROFESSIONAL EXPERIENCE Present Mueller Studio LLC, public sculpture studio practice, Lutsen, Minnesota 2013-17 Assistant Professor of Sculpture, Converse College, Spartanburg, South Carolina 2010-13 Sculptor -in -Residence, Gustavus Adolphus College, St. Peter, Minnesota 2002-08 Sculpture Instructor, Bowling Green State University School of Art, Bowling Green, Ohio SELECTED EXHIBITIONS, COLLABORATIONS AND COMMISSIONS 2019 Peoria National Juried Riverfront Sculpture Exhibition, Peoria, Illinois City Art Sculpture Tour VIII, national juried exhibition, Mankato, Minnesota 2018 Central Lakes Bike Trail Commission; Springboard for the Arts, Fergus Falls, Minnesota Canteen Alley Rainwater Commission, Economic Authority, Genus Architects, Ottumwa, Iowa Midwest Public Sculpture Initiative National Exhibition; Valparaiso, Indiana 2017 Art of Grief, Juried Exhibition, Duluth Institute of Art, Duluth, Minnesota City of Eagan, Bridgeview Park, Public Sculpture Commission, Eagan, Minnesota Port of Dubuque, national juried sculpture exhibition, Dubuque, Iowa City Art Sculpture Tour VI, national juried sculpture exhibition, Mankato, Minnesota 2016 Percent for Art Commission, Hennepin County Library, Brooklyn Park, Minnesota 7th Biennial National Juried Sculpture Exhibition, Chattanooga, Tennessee White River Urban Sculpture Park Installation, nationally juried, Indianapolis, Indiana Franconia Sculpture in the City Exhibition, Casket Arts, Minneapolis, Minnesota City Art Sculpture Tour VI, national juried sculpture exhibition, Mankato, Minnesota 2015 Art Fields, Southeast regional juried exhibition, Lake City, South Carolina City Art Sculpture Tour IV, national juried exhibition, Mankato, Minnesota McKnight Foundation Fellowship Artist Exhibition, Art Center of St. Peter, Minnesota 2014 Concord and Flow, site installation, Milliken Gallery, Spartanburg, South Carolina Spirit Vessel, Commission, Gustavus Adolphus College, St. Peter, Minnesota Port of Dubuque, Art On The River, national juried sculpture exhibition, Dubuque, Iowa City Art Sculpture Tour IV, national juried exhibition, Mankato, Minnesota Upcycled, Art of Reclaimed Objects, Jones Carter Gallery, Lake City, South Carolina Sculpture Tour III national juried exhibition, Eau Claire, Wisconsin Art Fields, Southeast Regional Juried Exhibition, Lake City, South Carolina 2013 City Art Sculpture Tour, 111 national juried exhibition, Mankato, Minnesota Featured Solo Artist, Festival of the Arts, Owatonna Arts Center, Owatonna, Minnesota 2012 Sesquicentennial Commission, Gustavus Adolphus College, St. Peter, Minnesota City Art Sculpture Tour 11, national juried group exhibition, Mankato, Minnesota Port of Dubuque Art On The River, national juried group exhibition, Dubuque, Iowa Dakota Reconciliation Park 150th Collaboration, Mankato, Minnesota 2011 Sculpture Works by Greg Mueller, solo exhibition, Bluffton University, Bluffton, Ohio (Un)Realized Visions, solo exhibition, Georgetown College, Georgetown, Kentucky Millennium Sculpture: Concept, Craft, Tradition and Trends in American Sculpture, invitational group exhibition, Bryan Gallery, Bowling Green State University, Ohio 2010 RE-Surgence, Huntington Center Sculpture Commission, Ganz -Mueller -Williams Public Art Team, and the Arts Commission of Greater Toledo, Toledo, Ohio RECENT AWARDS AND HONORS 2019 Artist Grant, Arts Learning Public Art, Arrowhead Regional Arts Council, Duluth, Minnesota 2018 Artist Grant, Equipment and Technology, Arrowhead Regional Arts Council, Duluth, Minnesota 2017 Best of Show, National Juried City Art Sculpture Tour, Mankato, Minnesota 2016 1st Place Award Build, National Juried Exhibition, Ciel Gallery Charlotte, North Carolina 2014 Best of Show, Sculpture Tour/1/ national juried exhibition, Eau Claire, Wisconsin 2014 Public Art Project Grant, South Carolina Arts Commission, Spartanburg, South Carolina SELECTED COLLECTIONS: Augustana College, Rock Island, Illinois Bishop Ake Bonnier, Skara, Sweden College of St. Catherine, Minneapolis, Minnesota Converse College, Spartanburg, South Carolina Children's Museum of Southern Minnesota, Mankato, Minnesota Georgetown College, Georgetown, Kentucky Gustavus Adolphus College, St Peter, Minnesota King Carl Gustaf XVI, Stockholm, Sweden City of Kingsport Office Public Affairs, Kingsport, Tennessee City of Mankato, City Center, Mankato, Minnesota Community Hospital, Madelia, Minnesota Moore Farms Botanical Garden, Lake City, South Carolina Renaissance River Front Park, Chattanooga Tennessee White River State Urban Park, Indianapolis, Indiana PROFESSIONAL REFERENCES: Jack Ohle - retired college president, Gustavus Adolphus College, St Peter, Minnesota 13523 Village Court, Clive, IA 50325 Phone: (507) 469-5541 Email: oh le. lackp_gmail. com Dr. Katerina Ray — Director, School of Art Bowling Green State University, School of Art, Bowling Green, OH 43403 Phone: 419 372 2786 1 Fax: 419 372 2544 Email: krray@bgsu.edu Richard Higgs — former Dean, School of the Arts Converse College 380 North 2nd Street Creswell, Oregon 97426 Phone: 262 271-2555 Email: richard.higgs@converse.edu Dr. Juilee Decker —Associate Professor, Museum Studies Program Rochester Institute of Technology, College of Liberal Arts - 92 Lomb Memorial Drive Rochester, NY 14623 Phone: 585-475-6095 Email: jdgsh@rit.edu Noelle Lawton Executive Director, Twin Rivers Council for the Arts Emy Frentz Arts Guild 523 S 2nd Street PO Box 293 Mankato, MN 56001 Phone: 507-387-2387 Email: director@twinriversarts.org ARTIST BIO: Greg Mueller (BS Studio Art, St. John's University, MN; MFA Montana State University School of Art, Bozeman, MT) also studied at the Massachusetts College of Art in Boston, and worked as a foundry apprentice to sculptor Paul Granlund at Gustavus Adolphus College in Minnesota. He also served as a resident sculptor in the Granlund Studio creating several works for Gustavus Adolphus Sesquicentennial. Mueller has held academic professorships including the Bowling Green State University School of Art in Ohio and the Converse College School of the Arts in South Carolina. His national exhibition record and public art commissions can be seen in detail at www.greglmueller.com LegefOS Aft Examples - see more at http://nikosculpture.com/ Bristle Cone Pine - 2010 Bronze and Stone 54" tall X 36" Deep X 48" Wide NJ Tree Arbor - 2001 Bronze 13'X10'X10' Goldy Gopher — 2013 UofMN Bronze & Granite 6'-3" X 7' X2' Sid Hartman — 2010 Target Center Bronze 6'-10" X 5' MueIIef Aft Examples — see more at https://www.greglmueller.com/ Bridge — 2018 Bronze and Steel 12'X30'X20' Sesquicentennial Award — 2012 Bronze 12" X 4" X4" CTK Cross — 2012 (Detail) Cast & Fabricated Bronze 16'X8'X3' Tornado Cross - 2013 Bronze 12' X 7' X 3' Mueller Side Panels - Each pillar will have a different native oak leaf. Patina of the leaves will vary and Greg will work with Nick to coordinate with the trees. t -�J r Mueller Side Panels - Each pillar will have a different native oak leaf. Patina of the leaves will vary and Greg will work with Nick to coordinate with the trees. E Y O_ Q 9 o Cr Z_ L d C y Y O C 0 C E a 0 � Y W V O Z ioAk W uU J ~ Ul Mueller Side Panels - Each pillar will have a different native oak leaf. Patina of the leaves will vary and Greg will work with Nick to coordinate with the trees. o z c ca LO C U N m� WroW U o x CC c N J Q Q a a) a) LUoo a�2 a r N ri Im.: -.1-1 t I t i _ k 1# Northern Red Oak The Oak tree is one of the most loved trees in the world. It's a symbol of strength, morale, resistance and knowledge. Throughout history, the Oak has been represented in different mythologies and sometimes linked to powerful gods. For example in Greek mythology the oak was a symbol of Zeus, the God of Thunder. The Northern Red Oak grows throughout Minnesota, but is most common and of best quality in the rich soil of southern, central, and southeastern parts of the stat. The red oak is moderately shade tolerant and fast growing. The wood is light, reddish -brown, hard, strong, and coarse; used for construction and finish of houses, furniture, and fuel; grows more rapidly than most oaks. Bur Oak Oaks are native to the northern hemisphere, including in the Americas, Europe, northern Africa and Asia. There are approximately 600 species of oaks and most are deciduous, but there are a few species that are evergreen. The usual lifespan for oaks is about 200 years, but some live to be over 1,000 years old. This makes the oak a powerful fife -affirming symbol. The Bur Oak is one of the most common trees in Minnesota, extending far out on the prairies in the western part of the state; easily propagated, but grows slowly. The wood is heavy, hard, strong, tough, durable, rich brown; used for furniture, interior finish, flooring, structural material, and railroad ties. White Oak Production of acorns starts at the age of 20 to 50 years. Each acorn contains one seed (rarely two or three) and takes 6-24 months to mature, depending on the species. One oak can produce more than 2,000 acorns every year, but only one in 10,000 acorns will manage to develop into a tree. Wildlife that consume acorns as part of their diets includes squirrels, deer, bear, pigs, mice, and birds like ducks, pigeons and jays. The White Oak is the tallest oak species and it can be as wide as it is tall. Abundant in southeastern Minnesota as far north as the Twin Cities, the white oak is a good tree to plant wherever there is available space and the soil is suitable. The wood is light brown, hard, durable; one of our most useful woods for heavy construction; used for ships, railway ties, interior finish, furniture, and fuel. Northern Pin Oak Native Americans across the country valued the oaks and used them in a variety of ways. Acorns were a carbohydrate rich food source and when dried they could be stored for use over the winter, They could also be ground into flour. In addition, Native Americans used other parts of oak trees to make bows and various utensils; weave baskets; derive medicines for treating sicknesses; make dyes and tanning solutions, and use the wood for warmth, cooking, and firing pottery. The Northern Pin oak usually grows on dry ridges in the southeastern part of Minnesota and as far north as Cass Lake. Not as common in MN. The wood is heavy, hard, strong, coarse -grained, reddish -brown; used mostly for fuel and as an ornamental tree; easily grown from seed. Education Education has been important to Hutchinson from the very beginning of the city when the founders set aside four lots for schools. Hutchinson formed the county's second school district and the city's first formal public - school house, the Pendergast Academy, was built on the hill north of the river. The bell from that school is now in the McLeod County Historical Museum in Hutchinson. Since that time education and life-long learning opportunities have continued to be a cornerstone of the community. This includes public and private options, early childhood learning, K-12 education, technical training, higher education and community education. Collaboration between education partners, public and private partnerships, and a dose relationship with the city have enhanced programs to help meet the changing needs of the community. Service The early settlers of Hutchinson used their individual talents for the betterment of the community in a variety of ways. From bringing in equipment to building homes and businesses; to starting schools, churches, and providing services such as a local post office; to serving in the new state government and enlisting in the defense of the city and country, the early settlers worked together to help the community grow and prosper. That spirit of service and volunteerism continues and is integral to the fabric of Hutchinson. By participating in service clubs, volunteering with various non -profits, working with church groups, helping neighbors, working as first responders, enlisting in our military, and serving in local, county and state government, people of all ages help make Hutchinson a better place to live by working together. Humanity The Hutchinsons were renowned musicians whose vocal harmonies captivated audiences. They were also social progressives who used their musical talents to advocate for issues of the time such as abolition, temperance and women's rights. When the city was founded their focus on humanity was evident when they set aside five acres of land for Humanities Church, which would be open to all denominations, and stipulated that women would have equal rights. The humanitarian side of Hutchinson is just as evident today through its strong faith community, its support of various social programs that help those in need, the willingness to chip in when the need arises, and its welcoming attitude. At the same time music, arts, culture and historical heritage continue to be important to the community. Sustainability When the city was founded in 1855, fifteen acres of land was set aside as park. This was one of the earliest originally dedicated parkland in the country and is an example of the forward thinking of the city founders. Todaythis property is North Park and South Park. In addition, a town square was originally set aside and that is now known as Library Square. That commitment to sustainable, forward looking planning has continued. The city's expansive park and trail system; household organic, composting and recycling programs; stormwater management; river improvements; urban forest program; and renewable energy efforts are all examples of sustainable planning practices that have been adopted and help Hutchinson to be a beautiful, green and walkable community. B0o 0 oa o po SH M N N 3 — OZQO QQ�N rc- rc 1 Y ~22 ONp� w�Np wzz o,jz �Y VI wa� z- .zN Kw UK �ow2 z1O 3�zOo, O oN Or Uar NU o ww N a�a�ZWgmo �N oz ac�xaa ELJ a. zGPaz . r=�rcrc�azwr ww wu } o wo a000uwiomN wZit Of a Z W H n v z p (n O g o c) b m W 9 -z o Q (D g8 J d W H Z 5; Of .. 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Wd VC;C 6IO2ILI/L .z^^S 1st Ave N & Main Library Square s III�Ili1`� Dairy Queen � N x c s G 1st Ave S & Main 1101 Citizens Bank N � E—M .L f 3rd Ave S & Main Post Office memo _ 'w t— M s► rr �r � ar HUTCHINSON CITY COUNCIL Request for Board Action Agenda Item: Purchase Agreement - PoonoFoods Building Department: AdministrationlLegal LICENSE SECTION Meeting Date: 11/1212019 Application Complete N/A Contact: Marc A. Sebora Agenda Item Type: Presenter: Marc A. Sebora Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OF AGENDA ITEM: As you know, over the past several months City staff has worked to negotiate a purchase agreement for the old Econo Foods building and property. For your consideration is that purchase agreement. The important points of the purchase agreement are: 1. The City of Hutchinson will purchase the Econo Foods building and the parking areas on the east and west side of the building altogether for a purchase price of $650,000. 2. We are going to put down $10,000 as earnest money which will be counted toward the overall purchase price of $650, 000. 3. We are purchasing the property "as is". 4. We have 90 days to inspect the premises to determine if there are any environmental concerns that we should be worried about. If we find anything objectionable while we are doing these inspections, we can walk away from the deal and our down payment money will be returned to us. During that 90 day inspection period we will also have a survey complete. 5. The closing date is set for April 15, 2020, 6. Prior to the closing date Erickson's diversified Corporation — the owner of the Econo Foods property — will see to it that any mortgages or other financing obligations have been released from the property and also that any service agreements for security, maintenance, pest control etc. have been terminated. Staff will be happy to answer other questions about this at the meeting. BOARD ACTION REQUESTED: Approve purchase agreement with Erickson's Diversified Corporation for Econo Foods building located at 205 Washington Avenue East. 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: REAL PROPERTY PURCHASE AGREEMENT THIS AGREEMENT ("Agreement") is made between Erickson's Diversified Corporation ("Erickson's") and The City of Hutchinson, Minnesota ("Buyer"). RECITALS: Erickson's owns improved real estate in Hutchinson, Minnesota, previously operated as a retail grocery store which (1) has been closed for a considerable length or time, and (11) which it wishes to sell, and which Buyer wishes to purchase; and The sale shall also be subject to a number of terms and conditions, as each is described by this Agreement; THEREFORE, IT IS AGREED: ARTICLE I THE PURCHASED REAL PROPERTY 1.1 Sale of the Real Property. Erickson's agrees to sell, transfer, and convey to Buyer, which agrees to purchase the real estate outlined in red on Exhibit 1 (which the parties believe to be materially accurate) together with all buildings (comprised of about 42,567 square feet, total), real estate fixtures and improvements (all three together, the "Improvements"). The real estate shall hereinafter be referred to as the "Real Estate" and shall include all other easements, tenements, hereditaments, and appurtenances, if any, and is legally described on Exhibit 2 attached hereto. The Improvements and Real Estate are together hereinafter referred to as the "Real Property". The parties acknowledge that the fee parcel to be conveyed pursuant to this Agreement is one of two units that are part of a Common Interest Community established pursuant to that certain Condominium No. 5 Erickson's Downtown Redevelopment Condominium Declaration dated April 2, 1993, recorded as Document No. 254124, as amended by First Amendment to Declaration of Common Interest Community No. 5, Condominium, Erickson's Downtown Redevelopment Condominium, dated October 28, 2012, recorded as Document No. A400129 (collectively, the "CIC Declaration"). The City owns the other Unit established pursuant to the CIC Declaration. The parties acknowledge that, per the CIC Declaration, ownership of any "Unit" includes an undivided interest in the Common Elements (as such term is defined in the CIC Declaration) and that the parking lot is deemed a Common Element per the CIC Declaration. As a result of the conveyance of the Real Property, Buyer will hold Unit 1's undivided interest in the Common Elements, as outlined in red on Exhibit IA. ARTICLE II THE PURCHASE PRICE 2.1 Purchase Price. Buyer agrees to purchase the Real Property for the sum of Six Hundred Fifty Thousand Dollars ($650,000) (the "Purchase Price"). Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 2.2 Terms of Payment. The Purchase Price shall be paid as follows: A. Initial Earnest Money: An earnest money payment of Ten Thousand Dollars ($10,000) ("Initial Earnest Money") which shall be applied to the Purchase Price at Closing (as defined by Section 5.1), and paid by Buyer to the Title Company at its Minneapolis, Minnesota office within five (5) business days following the Effective Date of this Agreement. B. Extending Due Dili.: If the first of two Due Diligence Period extension options (of 45 days each) available to Buyer (see Section 4.4) is elected, the first such election shall be accompanied by an additional deposit of Five Thousand Dollars ($5,000) paid by Buyer to the Title Company. If the second 45-day Due Diligence Period extension option available to Buyer is elected, it shall be accompanied by an additional deposit of Five Thousand Dollars ($5,000) paid by Buyer to the Title Company. Each $5,000 deposit is an "Extension Fee" and when added to the Initial Earnest Money shall together be the "Earnest Money." C. Initial Earnest Money Refundable: The Initial Earnest Money shall be refundable only if (1) Buyer has provided notice of termination as provided in Sections 3.6, 4.1, and 11.3(b), or (2) this transaction fails to Close as a result of a breach by Erickson's of this Agreement. D. Extension Fee(s) Nonrefundable: Each $5,000 Extension Fee shall be nonrefundable except if this transaction does not Close solely as a result of a breach by Erickson's of this Agreement; but each Extension Fee will still be applied to the Purchase Price at Closing. E. Credit at Closing: At Closing, all Earnest Money shall be credited toward the Purchase Price. F. The Balance Due: The balance of the Purchase Price, as adjusted by the allocations and prorations required by this Agreement, shall be paid in immediately available funds at Closing. ARTICLE III TITLE EXAMINATION & SURVEYS 3.1 Condition of Title. Subject to the rights and obligations of Erickson's, and Buyer's objection rights of Sections 3.4 and 3.5, the Real Property shall be conveyed subject to: (a) All easements, interests, rights, restrictions, reservations, covenants and encumbrances (1) apparent, or (11) of record, or (111) as platted, or (iv) as may be revealed by an accurate survey — as any of the foregoing may burden, or pertain to, the Real Property; and (b) Any Intervening Liens as defined by Section 3.5, either created by or not objected to by Buyer; and (c) Any liens, encumbrances or matters which may have resulted from the acts of Buyer; and (d) The continuing lien of real estate taxes; and 2 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 (e) Assessments (however designated) not delinquent; and (f) All zoning and applicable ordinances, regulations and laws. Erickson's hereby notifies Buyer that a certain Right of First Refusal has previously been granted in favor of Gateway Foods, Inc. ("Gateway") filed June 29, 1993, in Book 128 of Miscellaneous, page 595, Document No. 253208 (the "ROFR"). Notwithstanding anything to the contrary in this Agreement, Erickson's makes no representations or warranties as to the status or effectiveness of the ROFR, or whether Gateway has any existing rights under the ROFR, and any transfer of the Real Property and Buyer waives, releases and discharges any claim against Erickson's in connection with the ROFR, as long as Erickson's causes the Title Company to remove the ROFR as an exception to title on the Owner's Title Insurance Policy issued at Closing. 3.2 Title Insurance. Within five (5) business days from the date the Effective Date, Erickson's will order for Buyer a commitment for a title insurance policy (the "Title Report"), issued by Stewart Title (the "Title Company") and Schedule B title exceptions affecting the Real Property ("Cited Title Exceptions"). The contact information for the Title Company is as follows: Kathleen Geherin (until an agent is assigned) Vice President Business Development Stewart Title Company 333 South Seventh Street Suite 2420 Minneapolis, MN 55402 (0) 612 435-6106 M (612) 834-7101 3.3 Survey. Within ten (10) business days from the Effective Date, an ALTA/NSPS (2016 standards) survey (the "Survey") shall be arranged for by and paid for by Buyer. The Survey shall include Table A items requested by Buyer; and shall be produced in both digital and paper copies by the surveyor, including revisions. The Survey shall (1) be furnished simultaneously to the parties, and (11) be certified to Erickson's, Buyer and the Title Company. A copy of the latest survey, if in Erickson's possession shall be provided — without representation or warranty -- to the Buyer upon execution of this agreement. 3.4 Buyer's Review of Title & the Survey. Buyer shall have fourteen (14) days from the latter of the date of its receipt of the (1) Title Report and Cited Title Exceptions, and (11) the Survey to submit to Erickson's written objections to the condition of title of the Real Property or to give Erickson's written notice that it accepts such condition of title; provided however, that Unpermitted Liens (as defined herein) shall be deemed objectionable and shall be subject to the terms of Section 3.6. Failure to so object shall be deemed acceptance thereof. Those matters affecting title so accepted by Buyer shall thereafter be known as "Permitted Exceptions." 3 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 The final Survey shall be deemed accepted by Buyer, unless there are additional matters reflected on the Survey not constituting Permitted Exceptions, in which case the provisions of this Article regarding objections and approvals shall apply. 3.5 Intervening Liens. Except for those things caused by Buyer, any liens, encumbrances, easements, restrictions, conditions, covenants, rights, proceedings in eminent domain or condemnation, rights of way, or other matters affecting title to the Real Property which are created and which may appear of record or may be revealed by the Survey or otherwise, after the date of the Title Report but before Closing ("Intervening Liens"), shall also be subject to Buyer's approval. 3.6 Elimination of Objections. Erickson's shall use reasonable efforts to eliminate as an exception to title those matters and any Intervening Liens to which Buyer has both objected and which constitute a title defect; provided, however, to eliminate such objections, Erickson's shall not be obligated to: (1) make any monetary payments to third parties, except that Erickson's shall be obligated to pay off and cause to be released (collectively "Unpermitted Liens") which include: (a) liens securing a mortgage, deed of trust or trust deed evidencing an indebtedness of Erickson's or its affiliates, limited, however, to those signed by an authorized representative of Erickson's; and (b) judgment liens against Erickson's; and (c) tax liens; and (d) broker's liens based on the agreement of Erickson's or its affiliates; and (e) any mechanics liens that are based upon an agreement between either (x) the claimant (a "Contract Claimant") and Erickson's or its affiliates, or (y) the Contract Claimant and any other contractor, supplier or materialman with which Erickson's or its affiliates has an agreement, or (f) Any and all service contracts including, but not limited to, pest control, security systems, building and parking lot maintenance, waste management and recycling services, fire suppression, inspection services, snow removal, or (11) begin or participate in any legal proceedings, or (111) effect any title changes which would adversely affect Erickson's or its affiliates. Except for Unpermitted Liens which shall be paid off and released as of Closing, if Erickson's does not eliminate or arrange to eliminate any matter to which Buyer has objected within sixty (60) days after the objection, Buyer, may either (a) extend once by thirty (30) days with written notice of the time for Erickson's to eliminate the objection to title, or (b) as its sole remedies, may (1) proceed with the transaction with no reduction in the Purchase Price and such objections shall be Permitted Encumbrances, or (11) terminate this Agreement and receive prompt refund of the Earnest Money. In the event Buyer extends the time per "a" in the immediately preceding paragraph, then upon the lapse of such extension, Buyer shall have the same remedies available (i.e. proceed or terminate, per "b" in the immediately preceding paragraph) should the title objection not be eliminated. 4 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 ARTICLE IV Buyer's Inspection & Due Diligence Rights & Right to Terminate 4.1 Inspection. Erickson's shall allow Buyer and its contractors' reasonable access to the Real Property for the purpose of inspections for mechanical, structural, electrical, environmental and other defects or damage. Buyer shall have ninety (90) days from the Effective Date of this Agreement to inspect the Real Property (the "Inspection"). If Buyer's inspections of the Real Property reveal anything unsatisfactory to Buyer, in the sole opinion of Buyer, then it shall have the right to terminate this Agreement upon giving written notice, received by Erickson's within ninety-five (95) days from the Effective Date of this Agreement. Erickson's will provide — without representation of warranty -- Buyer with a copy of all Phase I Environmental studies in its possession within the time period described in Section 8.1C. All Initial Earnest Money (but no Extension Fee) shall be returned to Buyer following termination of this Agreement by Buyer pursuant to this Section 4.1. 4.2 Conditions to and Covenants Regarding Inspections. Buyer's Inspection rights are subject to the following: A. Buyer Covenants Regarding Inspections: (a) Limitations: Buyer covenants that (1) there will be no cutting, drilling or other invasive testing performed by Buyer or its contractors or agents without the prior written consent of Erickson's, which it may withhold in its sole and absolute discretion except investigative or geotechnical soil borings as necessitated by any phase I or phase II environmental study, and (11) no information regarding any of the Inspections shall be released to any third party except Abel Realty Advisors, Wold Architects, the Buyer's various departments, the surveyor retained by the Buyer, and other such parties or entities retained by the Buyer to facilitate this transaction without the prior written consent of Erickson's unless required by law — in which case Erickson's shall be given prior written notice. (b) Indemnity: Buyer covenants that Buyer shall defend (upon tender, at the election of Erickson's in its sole discretion) indemnify and hold harmless Erickson's, and its officers, employees and agents (all together, the "Indemnified Parties") from any and all claims, damages, fines, expenses, attorneys' fees and all other costs claimed against or incurred by any of the Indemnified Parties resulting from or relating to the Inspection. (c) Damages: Buyer covenants that it will take reasonable precautions not to damage or alter any of the Real Property. If any alterations or damage occurs, such shall be properly fixed and repaired by Buyer at its sole expense; and returned to the condition prior to the damage or alteration. The covenants and obligations of Buyer pursuant to this Section 4.3A shall survive closing. B. Conditions Regarding Inspections: As a condition to entry by Buyer (or its agents or contractors) upon the Real Property, Erickson's shall be named as an additional insured on the insurance policy of the party so entering, with such policy containing coverage, specifications and a deductible acceptable to Erickson's in its sole discretion. 5 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 Prior to entry upon the Real Property Buyer shall furnish to Erickson's a certificate of insurance evidencing the coverages and limits required by this Section, as well as Erickson's status as a named insured. 4.3 Due Diligence. Running concurrently with the Inspection, Buyer shall have ninety (90) days from the Effective Date of this Agreement to conduct whatever other due diligence on the Real Property (the "Due Diligence Period") it deems necessary or it wishes to undertake. If Buyer's due diligence review and investigation into (i) the Real Property, (n) its use or potential use, (111) holding costs (present or projected), or (iv) operating costs (present or projected), or (v) anything else -- reveals anything unsatisfactory to Buyer, in the sole opinion of Buyer, then it shall have the right to terminate this Agreement upon giving written notice, received by Erickson's within ninety-five (95) days from the Effective Date of this Agreement. All Initial Earnest Money (but no Extension Fee) shall be returned to Buyer following termination of this Agreement by Buyer pursuant to this Section 4.3. 4.4 Option to Extend Due Diligence. Buyer shall have the right to extend the Due Diligence Period for two (2) periods of forty-five (45) days each (each, an "Extension Option") by (a) giving written notice to Erickson's at least ten (10) days prior to the expiration of the then -current Due Diligence Period and (b) simultaneously funding to the Title Company the Extension Fee of $5,000 (for each) as more particularly described by Section 2.2 herein. ARTICLE V CLOSING DATE & AGENDA 5.1 Closing. Closing shall be held at the office of the Title Company in Minneapolis, Minnesota or at such other time and date ("Closing Date" or "Closing") as the parties may mutually agree; provided, however, that Closing shall take place within thirty (30) days from: (a) Expiration of the ninety day (90) Due Diligence Period described in Section 4.4 herein; (b) The day after the expiration of any time extensions agreed to by the parties in writing. If this transaction has not closed by April 15, 2020, either party can cancel this Agreement upon giving five (5) days written notice, with all rights reserved in the event of any breach or default. 5.2 Closing Agenda for Buyer. On the Closing Date, the Buyer shall perform the obligations of this Section: A. Buyer's Closing Documents: Buyer shall (as appropriate) either (i) execute and deliver, or (11) deliver (or arrange for the delivery of) the following (collectively, the "Buyer's Closing Documents") to Erickson's: (1) Closing Statement: The closing statement, as prepared by the Title Company consistent with the terms of this Agreement. (11) Any other Required Documents: Buyer shall execute and deliver such documents, instruments, consents, assignments, certifications, or confirmations as may be (1) reasonably required and designated by Erickson's or the Title Company (such as affidavits of identity 6 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 and corporate resolutions), and (11) as may be required by law or rules reasonably related to the nature of this transaction, as any of the foregoing may be necessary to effect and consummate fully the transactions contemplated by this Agreement. B. Purchase Price: Buyer shall pay to Erickson's the Purchase Price in immediately available funds of Six Hundred Fifty Thousand Dollars ($650,000) as adjusted by (1) the Earnest Money deposit credit(s), and (11) the cost allocations and prorations of this Agreement. 5.3 Closing Agenda for Erickson's. On the Closing Date, Erickson's shall (as appropriate) either (1) execute and deliver, or (11) deliver (or arrange for the delivery of) the following (collectively, "Erickson's Closing Documents & Items") to Buyer: A. Limited Warranty Deed: E ickson's shall execute and deliver a Limited Warranty Deed in recordable form, conveying the Real Property to Buyer, subject to the exceptions allowed by this Agreement, which Limited Warranty Deed shall be in the form of Exhibit 3, with adjustments for local recording requirements. B. FIRPTA Affidavit: Erickson's shall sign and deliver a non -foreign affidavit, properly executed, containing such information as required by Internal Revenue Code §4445(b)(2) in its regulations. C. The Updated Title Commitment: Based upon Buyer's proforma Title Policy markup (which shall be acceptable to the Title Company) Erickson's shall obtain Title Company's updated commitment for issuance of the Owner's Title Insurance Policy (which shall not include the ROFR as an exception to title). D. Release of Bank Mortgage: Erickson's shall have received the approval and release by Wells Fargo Bank (or any other lender) by which the Real Estate is released from any mortgage, together with a release of any UCC Fixture Filings. E. Seller's Affidavits: Erickson's shall provide a Seller's Affidavit for the Real Property, in a form reasonably acceptable to Erickson's, Buyer and the Title Company. F. Closing Statement: The closing statement, as prepared by the Title Company consistent with the terms of this Agreement. G. Other Documents: Erickson's shall execute and deliver such other documents, instruments, consents, assignments, certifications, or confirmations as may be (1) reasonably required and designated by the Title Company (such as affidavits of identity and corporate resolutions), and (11) as may be required by law or rules reasonably related to the nature of this transaction (such as Well Disclosure Statements or UST Affidavits), as any of the foregoing may be necessary to effect and consummate fully the transactions contemplated by this Agreement. H. Keys: Erickson's shall deliver all keys to the building, together with anything like security codes or passwords for any equipment which has them. 7 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 ARTICLE VI CONDITIONS TO CLOSE 6.1 Erickson's Conditions Precedent to Closing. Erickson's obligations under this Agreement are contingent upon the satisfaction (or waiver by Erickson) of the following conditions precedent: A. Representations and Warranties: Buyer's Representations and Warranties must be true now and on the Closing Date, as if made on the Closing Date. B. Release of Bank Mortgage: Erickson's shall have received the approval and release by Wells Fargo Bank (or any other lender), by which the Real Estate is released from any mortgage together with a release of any UCC Fixture Filings. C. Delivery of Items & Payments: Buyer shall have delivered to Erickson's (1) the Buyer's Closing Documents, (11) the Purchase Price, and (111) any other items or money required to be delivered or paid pursuant to the terms of this Agreement. D. No Breach of Buyer's Obligations: On the Closing Date, Buyer shall not be in breach or default of Buyer's representations, warranties, covenants or obligations set forth in this Agreement. If any conditions in this Section 6.1 have not been satisfied on or before the applicable date set forth in this Section 6.1 with respect to each condition, then Erickson's may terminate this Agreement by notice to Buyer on or before the applicable date (subject to Section 6.3), and the Earnest Money shall be disbursed to Erickson's. To the extent that any of the conditions in this Section 6.1 require the satisfaction of Erickson's, such satisfaction shall be determined by Erickson's in its sole and absolute discretion. The conditions in this Section 6.1 are specifically stated and for the sole benefit of Erickson's. Erickson's in its discretion may unilaterally waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof, by notice to Erickson's. If Erickson's fails to timely terminate this Agreement on or before the applicable date, then the applicable condition shall be deemed to be satisfied and waived by Erickson's. 6.2 Buyer's Conditions Precedent to Closing. Buyer's obligations under this Agreement are contingent upon the satisfaction (or waiver by Buyer) of the following conditions precedent: A. Representations and Warranties: Erickson's Representations and Warranties must be true now and on the Closing Date, as if made on the Closing Date. B. Delivery of Items: Erickson's shall have delivered to Buyer, Erickson's Closing Documents & Items, as required by this Agreement. C. No Breach of Erickson's Obligations: On the Closing Date, Erickson's shall not be in breach of Erickson's representations, warranties, covenants or obligations set forth in this Agreement. D. FF&E Removed: Erickson's shall have completely removed the remaining furniture, fixtures and equipment from the Real Property and the property shall be delivered to the buyer in essentially "broom swept clean: condition. If any conditions in this Section 6.2 have not been satisfied on or before the applicable date set forth in this Section 6.2 with respect to each condition, then Buyer may terminate this Agreement by notice to Erickson's on or before the applicable date (subject to Section 6.3), and the Earnest Money shall be 8 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 disbursed to Buyer. To the extent that any of the conditions in this Section 6.2 require the satisfaction of Buyer, such satisfaction shall be determined by Buyer in its sole and absolute discretion. The conditions in this Section 6.2 are specifically stated and for the sole benefit of Buyer. Buyer in its discretion may unilaterally waive (conditionally or absolutely) the fulfillment of any one or more of the conditions, or any part thereof, by notice to Erickson's. If Buyer fails to timely terminate this Agreement on or before the applicable date, then the applicable condition shall be deemed to be satisfied and waived by Buyer. 6.3 Termination. If this Agreement is terminated pursuant to the terms hereof, then (a) the respective rights of Erickson's and Buyer arising out of this Agreement shall immediately cease with the exception of obligations that expressly survive termination under this Agreement, and (b) within ten (10) days after such termination notice, Buyer shall (1) deliver to Erickson's a true, correct, complete and legible copy of any reports or material obtained by Buyer, if any, to the extent not previously delivered to Erickson's, and (11) execute, acknowledge, and deliver to Erickson's a quit claim deed with respect to the Property in order to remove from Property any cloud of this Agreement (provided that the failure to give such deed or termination shall not affect the termination of this Agreement).Buyer's obligations under this Section 6.3 shall survive termination of this Agreement, and Erickson's may recover from Buyer its reasonable legal fees and costs of enforcing the provisions of this Section 6.3. ARTICLE VII CLOSING COSTS 7.1 Closing Costs Allocations & Prorations. The following costs shall be paid as follows: (a) Erickson's Shall Pay: (1) The cost of preparation of the Limited Warranty Deed and the other documents of conveyance. (11) All utility charges, insurance premiums and other related expenses relating to the Real Property, to the date of Closing. (iii) Real Estate taxes due and payable in the year preceding Closing. (iv) Any special assessments levied against the Real Property due and payable in year preceding Closing. (v) One half (1/2) of the Title Company Closing fee. (vi) The title examination and search fees. (b) Buyer Shall Pay. (1) Any deed taxes, transfer taxes, registry stamps, recording or documentary fees. (11) The cost of the Survey. (iii) One half (1/2) of the Title Company Closing fee. (iv) The premium for the owner's title insurance policy including the cost of any endorsements Buyer purchases for the Title Policy. 9 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 (c) Prorations: (1) Real Estate taxes for the Real Property which are due and payable in the year of Closing shall be prorated to the date of Closing. (11) Special Assessments due and payable in the year of Closing. 7.2 Each Party Bears Its Other Expenses. Except as otherwise specifically provided for by this Agreement, all expenses incurred by the parties in connection with or related to the authorization, preparation and execution of this Agreement (and the Closing of the transaction contemplated), including without limitation, all fees and expenses of agents, representatives, counsel and accountants employed by any parry, shall be born solely and entirely by the party which has incurred the expense. ARTICLE VIII "AS -IS, WHERE -IS" SALE 8.1 No Warranties & Buyer Waiver. A. No Warranties: The Real Property is being sold in an "as -is" condition and with "all faults.". No representations or warranties, express, implied or statutory, have been made as to the condition, state of repair, value, or expense of holding (or operating on) the Real Property, and Erickson's disclaims all such warranties and representations. B. Buyer Waivers: Buyer waives, releases and discharges any claim it has, might have had or may have against Erickson's with respect to (1) the condition of the Real Property as of the Closing Date, (11) the past, present or future condition or compliance of the Real Property with regard to any laws, regulations or ordinances, or (iii) any other state of facts that exists with respect to the Real Property. C. Application of Section to Seller Deliverables: Sections 8. lA and 8.1B shall also apply to any due diligence materials which Erickson's shall furnish to Buyer, including, without limitation, the materials described in the following sentence. Within ten (10) days of the Effective Date of this Agreement, Erickson's shall furnish to Buyer (1) two years of tax statements, (11) most recent survey, (iii) any title work or underpinning documents, and (iv) all environmental reports in Erickson's possession.. ARTICLE IX DAMAGE, DESTRUCTION & RISK OF LOSS 9.1 Risk of Loss. Risk of loss shall pass to on the Closing Date; provided, however, if this Agreement is terminated because of title defects not cured pursuant to Section 3.5 risk of loss shall be deemed to have remained with Erickson's. ARTICLE X REPRESENTATIONS & WARRANTIES 10.1 Representations of Erickson's. As an inducement to Buyer to enter into this Agreement and purchase the Real Property, Erickson's represents to Buyer that: A. Organization: Erickson's is a corporation duly organized and existing in good standing under the laws of the State of Wisconsin, and is duly registered to do business in the State 10 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 of Minnesota. B. Authorization: All actions and appropriate proceedings required to be taken by Erickson's for the authorization and performance of this Agreement by Erickson's under the laws of the State of Wisconsin, and its Articles of Incorporation and Bylaws have been duly taken and the Officer(s) executing this Agreement and any document required by it are duly authorized to do so. C. Statutory Disclosures. Except as disclosed by the documents relating the Real Property made available to Buyer: (1) Wells. Erickson's does not have actual knowledge that there is any "Well" (as defined in Minnesota Statutes § 103L005, Subd. 21) on any of the Real Property within the meaning of Minn. Stat. § 103L235, Subd. 1(a). This representation is intended to satisfy the requirements of the statute. (11) Individual Sewage Treatment Systems. Solely for purposes of satisfying the requirements of Minn. Stat. § 115.55, Erickson's does not have actual knowledge that there has been or may be one or more "individual sewage treatment systems" (within the meaning of that statute) on or serving any of the Real Property either in use, not in use or abandoned. Erickson's makes no representation, and has no basis to believe, that any such system is in compliance with applicable sewage treatment laws and rules. (111) Storage Tanks. Erickson's does not have actual knowledge that any above- ground or underground tanks have been located on or under any of the Real Property. (iv) Methamphetamine. Erickson's does not have actual knowledge that the Real Property or any part thereof is now being, or has been, used for the production of methamphetamine. (v) Terminate Service Contracts: Erickson's shall terminate on or before closing any and all service contracts, including but not limited to pest control, security systems, building and parking lot maintenance, waste management and recycling services, fire suppression, inspection services and snow removal — as applicable. D. Absence of Leases: There are no leases nor licenses, recorded or unrecorded, pertaining to the Real Property. 10.2 Representations of Buyer. A. Organization: Buyer is a municipal corporation duly organized and existing in good standing under the laws of the State of Minnesota, B. Authorization: All actions and appropriate proceedings required to betaken by Buyer for the authorization and performance of this Agreement by Buyer under the laws of the State of Minnesota, under its City Charter have been duly taken and the Officer(s) executing this Agreement and any document required by it are duly authorized to do so. 11 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 C. Non -Contravention: Buyer has full and unrestricted power to purchase from Erickson's the Real Property sold pursuant to this Agreement. ARTICLE XI ERICKSON'S DEFAULTS & BUYER EXCLUSIVE REMEDIES 11.1 Notice of Default For any breach or default by Erickson's under the terms, covenants, obligations or condition of this Agreement, Buyer shall give Erickson's written notice of any such breach or default ("Notice of Default"). 11.2 Erickson's Default Not Involving a Failure to Close. For any Notice of Default not involving a failure to Close, Erickson's shall have ten (10) days from receipt of the Notice of Default to cure the default. 11.3 Erickson's Default & Failure to Close. Should Erickson's fail to consummate and Close this transaction for any reason, except for (1) Buyer's default or breach, or (11) the failure of any Erickson's condition, not waived, or (111) the failure of Buyer to perform its obligations set forth in this Agreement, then Buyer may (provided a Notice of Default has been given to Erickson's and an opportunity to cure, if applicable) at its own option: (a) Enforce the specific performance of this Agreement, but in such action, shall have no right to recover damages which are suffered by Buyer by (1) reason of the delay in the acquisition of the Real Property, or (11) any other reason; and Buyer waives and relinquishes any and all rights to damages, expenses, attorney fees and claims, however designated or described (as any of them may be); or (b) May cancel and terminate this Agreement and may be relieved of its obligations under it, and the Earnest Money deposit shall be returned to Buyer. The rights, options, election and remedies contained in this Section 11.3 are not cumulative, but rather they are the Buyer's exclusive rights, elections, options and remedies. ARTICLE XII BUYER DEFAULTS & ERICKSON'S EXCLUSIVE REMEDIES 12.1 Notice of Default. For any breach or default by Buyer under the terms, covenants, obligations or condition of this Agreement, Erickson's shall give Buyer written notice of any such breach or default ("Notice of Default"). 12.2 Buyer Default Not Involving a Failure to Close. For any Notice of Default not involving a failure to Close, Buyer shall have ten (10) days from receipt of the Notice of Default to cure the default. For any uncured default by Buyer under the Articles dealing with Buyer's Inspections Rights and Due Diligence rights, Erickson's shall have all rights and remedies available to it at law or in equity. 12.3 Buyer Default & Failure to Close. Should Buyer fail to consummate and Close this transaction for any reason, except for (i) Erickson's breach or default, or (11) the failure of any Buyer condition precedent, not waived, or (111) the failure of Erickson's to perform its obligations set forth in this Agreement, then Erickson's shall be entitled to at its option to cancel and terminate this Agreement and 12 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 may be relieved of its obligations under it, retaining the (as applicable) Initial Earnest Money or Earnest Money deposit as liquidated damages. The retention of the Earnest Money as liquidated damages shall be Erickson's exclusive remedy for the Buyer failure to Close under this Section. 12.4 Recording of Agreement. This Agreement shall not be recorded or filed in the public land or other records of any jurisdiction by either party and any attempt to do so may be treated by the other parry as a breach of this Agreement. In no event shall Buyer file or assert any lis pendens against the Real Estate or Real Property. 12.5 1031 Exchange. [Left Blank Intentionally] ARTICLE XIII GENERAL 13.1 Multiple Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original for all purposes, whether in hard copy form of PDF. 13.2 Notices. Any notice which is necessary or permissible to be given under the terms of this Agreement shall be in writing, and shall be deemed to have been given or served on the date of mailing (1) by certified mail -return receipt requested, or (11) via a nationally recognized overnight courier service; and in either case, with postage prepaid, properly addressed as follows: If to Erickson's: Erickson's Diversified Corporation c/o SpartanNash Company Attn: Real Estate Department 7600 France Avenue South Edina, MN 55435 Copy to: Erickson's Diversified Corporation c/o SpartanNash Company Attn: Legal Department 7600 France Avenue South Edina, Minnesota 55435 If to Buyer: City Administrator City of Hutchinson I I I Hassan Street Hutchinson, Minnesota 55350 13.3 Modification. Any amendment or modification to this Agreement must be in writing and signed by the party to be bound, and any purported amendment or modification not in writing and signed shall be void. 13.4 Complete Agreement. This Agreement contains the entire understanding of the parties as it pertains to its contents, and all prior understanding or agreements, whether written or oral, shall be deemed both merged into this Agreement and of no further force or effect to the extent to which they may conflict with the terms of this Agreement or expand upon them. 13 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 13.5 Costs. All costs required herein to be paid by each party shall be paid prior to Closing and to the extent not so paid shall be paid at Closing from the Purchase Price. Each party hereby agrees to indemnify, defend and hold the other harmless from any claims, damages, expenses, liabilities, liens, judgments or otherwise (including costs, expenses and attorneys' fees) resulting from failure to pay, which agreement shall survive Closing. 13.6 Non -Waiver. Nothing in this Agreement shall be considered waived by either party unless given in writing; and no such written waiver shall be a waiver of any right or past or future (1) default, or (11) breach; nor shall it be or considered a modification (nor anything else) of any of the terms, provisions or conditions of this Agreement, unless expressly stipulated in the waiver. 13.7 Commissions. Except for Colliers that is the broker for Erickson's, and Abel Realty Advisors, LLC the consultant for the City, each party warrants it has not entered into any other contract with any brokers or finders nor otherwise obligated itself to pay any real estate commissions or fees by reason of this Agreement or the Closing. Each party agrees to indemnify, defend, and hold the other harmless from any claims, damages, expenses, liabilities, liens or judgments (including costs, expenses and attorneys' fees) resulting from any claim that any real estate commissions or fees are payable and have not been fully paid to the parties' respective agents. The parties' consent to having the agents and/or broker's fees on the Closing Statement (handled as a part of Closing), to the extent permitted by the respective contracts. 13.8 Recitals Incorporated. The recitals to this Agreement are incorporated into and constitute an integral part of this Agreement. 13.9 Governing Law. This Agreement shall be governed and construed in accordance with the laws of the State of Minnesota. 13.10 No Presumptions about Construction. The parties to this Agreement have consulted with their legal counsel and have both actively drafted and negotiated its contents. Neither party shall be deemed to have been the drafter of this Agreement, and no presumptions shall be made regarding ambiguities or their construction against one party or the other. 13.11 Waiver of Jury Trial. The parties waive any right they may have to a trial by jury in respect to any litigation based hereon, or arising out of, under or in connection with this Agreement and any agreements contemplated hereby to be executed in conjunction herewith, or any course of conduct, course of dealing, course of performance, representations or statements (whether verbal or written) or actions of the parties. This provision is a material inducement for the parties entering into this Agreement. 13.12 No Third -Party Beneficiary. This Agreement is for the benefit of the parties only and not for that of any purported or claimed third -party beneficiary. 13.13 No Other Representations. There are no representations, warranties, covenants, or promises, express or implied, other than those specifically referred to in this Agreement. 13.14 Time Is of the Essence. Time is of the essence in this Agreement. 14 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 13.15 Standard of Reasonableness. In any instance where actions, consents, notices, compliances or performances are required by either party, in each such instance the doctrine of reasonableness shall apply together with a presumption of reasonable diligence and reasonably prompt performance. 13.16 Exhibits Incorporated. Each exhibit attached to this Agreement is incorporated into it as an integral part. 13.17 Assignability. Buyer may not assign this Agreement or any interest herein without the prior written approval of Erickson's, which approval may be conditioned or withheld in Erickson's sole discretion; provided, however, Buyer has the right to assign its interest under this Agreement to any entity owned or controlled by Buyer or affiliated with Buyer, provided that (1) Buyer shall give Erickson's written notice of such assignment at least ten (10) business days prior to the Closing Date; (11) the transferee shall assume this Agreement; and (111) no such assignment shall release the assigning Buyer from its obligations and liabilities under this Agreement. 13.18 Effective Date. The actual date or dates of execution by the parties is or are, respectively, the date of dates set forth underneath the signatures, and this Agreement shall be effective ("Effective Date") on the latest of such dates. [SIGNATURE PAGE FOLLOWS] 15 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 [SIGNATURE PAGE FOR REAL PROPERTY PURCHASE AGREEMENT] THE CITY OF HUTCHINSON ERICKSON'S DIVERSIFIED CORPORATION Signature: Name: Title: Date: Purchase Agreement (Hutchinson, Minnesota) Signature: Name: Title: Date: 16 7.23.19 US.124217528.04 Exhibit 1 to Real Estate Purchase Agreement Depiction of Real Estate (Parcels 1 and 2) 17 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 Exhibit 1A to Real Estate Purchase Agreement 000 i+� y s/F ti- - -- — Ip Purchase Agreement (Hutchinson, Minnesota) C!, s 7.23.19 US.124217528.04 Exhibit 2 to Real Estate Purchase Agreement Legal Description Parcel 1 (Fee): Unit No. 1, Building No. 1, Erickson's Downtown Redevelopment Condominium, Condominium No. 5, McLeod County, Minnesota, as amended by First Amendment to Declaration of Common Interest Community No. 5, Condominium, Erickson's Downtown Redevelopment Condominium, dated October 28, 2012, recorded December 27, 2012, as Document No. A400129. (Abstract property) Parcel 2 (Easement): Non-exclusive easement for ingress and egress as contained in the Easement Agreement dated May 16, 2006, recorded May 26, 2006, as Document No. A362198, as amended by First Amendment to Declaration of Common Interest Community No. 5, Condominium, Erickson's Downtown Redevelopment Condominium, dated October 28, 2012, recorded December 27, 2012, as Document No. A400129. [Note, the foregoing grants easement rights to a 3rd party by Erickson's and the City, collectively, as the grantors and contains obligations of the grantors] 19 Purchase Agreement (Hutchinson, Minnesota) 7.23.19 US.124217528.04 Exhibit 3 to Real Property Purchase Agreerr,eht rorrn of Limited Warranty Deed No ddmqneW t9SRs and tirm enured GEtIfI ate Of Reel Estate Value { )Bed ( ) mt req i Ce=ftata of Real Estate SLahre No. .20 . Coimn• Auditor By. D-17,' STATE DEED TAX DUE IDMI M j (reserved For recordmg data) Date: FOR VALUABLE CONSIDEP-AnON, Lrkkq m's Disersdird C'mrporsfiaa a Wiscomm CDrpaTaflom, as Chamdor. for and in connderatton of Ter DoLus MO) and other gDod and t.,atmble conaderat as hereby pan ts and rom-eys rD The Cdv of Hotckmae, as Cmntm the tnllDwigg de,mibLdreal estate iaMcLeod Cmmty,'Almesota_ TDgerhel with all heredit>Ltas and appmtenaotes be7t,cgmg thereto. if any; but smblect to mnmg and other applicable ordinames and regulations, essemenls, rights DFway, cDcenamts, resnicbom. rifts and interest aFrecord, or as pLatted., or atuch would be revealed by an ac mate surrey, iod cmTe= ta;r and Assessments not deli.nqiamt, The Cizm= hereby covemma wnh Grantee: and its successors in Lnteres; fi= Grantor holds the real estate by title m fee simpLe; that a has goad and Lawful artthDrity rD sell and rom-ey me reel estate: that the real estate is tree and dear of all Uens and entrances smffeFed byGrantor, except as maybe abmL stated d tt cusv frith spedal wanamty rD WmTam and Defend the real estate against the larofid claims of all pe soms elaizm- by, �anDt, omgh or mtder Grantor, but against none D&er, excepr as mey be mb %m stored. ATLtuess Poe hand of the C7FzWDr_ ErkksDm�'s Drveca5ed Cerpor$]7a David1. Block. Jr_ STATE OF AGCETr'-,►V ) ) ss_ CflIINFY OF ETNT• ) on dns _ dsvcf . 20_ befomme pmonallvappeared Dac•Ld 1_ Be]ock 1r., rho ackmw7 iEe i-nmdito Lae rbe Vice pre6dezt Read Estate ofEncks Cs rhLrrsfied Corporate Daly a Wismwm cmrperaAm. and that naiad 1. Belock, In, as s3ch Gfficm burg aroma ed so ID dD. executed the fmeBomg Lnstrmaent for the purpose berem cant unA by sigm, thie natm of We {Drpuranom by hnnsrlf as L• Lce Premdend Real Estate. NCIARMI STAND OL SML {ce cr-TA6o- � Rork} THIS BdSTRCT]lrlEDJT WAS DRAFTED BY John D_ Bmker `-UmNash {'ampamy 76M France ASTrme Edina, U N 55435 Tel, B52M44-115a Fztabit 3 qrp*cial Tlrrro'Cty Fosd_daa 20 Purchase Agreement (Hutchinson, Minnesota) txL.yrotA� MY -4— I'- sty to tb -.1 PL'j- 43 d-ahoa m ffi. ; >h-Ld m %-tt.� 7.23.19 US.124217528.04 HUTCHINSON CITY COUNCIL ci=V�f� Request for Board Action 79 M-W Agenda Item: Recreation Center gymnasium roof and wall upgrades Department: PRCE LICENSE SECTION Meeting Date: 11/12/2019 Application Complete N/A Contact: Mary Haugen Agenda Item Type: Presenter: Mary Haugen Reviewed by Staff ❑ New Business Time Requested (Minutes): 0 License Contingency N/A Attachments: Yes BACKGROUND/EXPLANATION OFAGENDA ITEM: This a re -bid of the project first advertised in May 2019 and a re -cap of the information provided to the Mayor and Council at that time. The Facilities Committee has been working with the Engineering/Architectural firm ISG to create plans and specifications for Recreation Center roofing and exterior wall upgrades. The original intent of this process was to identify options and cost estimates for replacing the original roof, (1985) which has had extensive repairs attempting to keep moisture out. During various inspections by city staff and consultants, deficiencies in the existing cement block walls, side-lites and steel sheeting were identified. This lead to an expansion of the scope of the project to include options to prevent further moisture infiltration and damage from occurring, especially where the roofing material transitions to the sidewalls. Over time, moisture has continued to create problems with the roof insulation and it has extended down into the sidewalls, causing failure of interior paint adhesion. We have included the plans and specifications that the team has created. The plans include new roofing, insulation, interior ceiling liner and covering the existing exterior walls with a new facade. The committee believes that these improvements are necessary and will help protect and preserve the building envelope for the next generation. The "Probable Cost Estimate" for the project is $1,029,278., a 4% increase from the original estimate from last spring. The facility fund currently has this amount reserved for this project to be completed in 2020. We originally advertised for bids in May and due to various factors, including a tight construction window, we did not receive any bids. We believe that a bid opening date of January 16th, with construction commencing in April, will provide a desirable project to potential bidders. The plans and specifications include various options for reducing the cost as related to the treatment of the exterior sidewalls. The city will have a menu to choose from as it relates to these options. For this project to move forward, your approval is requested to advertise for bids and to set a bid opening date. of January 16th, 2020. City staff will be available to answer questions. BOARD ACTION REQUESTED: Request council approval to advertise for bids and set bid opening date for Recreation Center gymnasium roof and exterior walls upgrade. Fiscal Impact: $ 1,029,278.00 Funding Source: Facilities fund FTE Impact: Budget Change: No Included in current budget: Yes PROJECT SECTION: Total Project Cost: $ 1,029,278.00 Total City Cost: $ 1,029,278.00 Funding Source: Facilities fund Remaining Cost: $ 0.00 Funding Source: 0LLI Z o Z z z I.. ILLI.- LLXI LLI LLI 1..0 LLI 0 0 Z Z LLI L6 .4 LLI LU m z LLI -j T. z LU -C o 0 LLI LL, L6 -o LLI LU LL, LL, m a' z uj u co 2 04 C� x cl LL n `\\\ _�o� ZI � � CO Z �a a U) to 0 w��r.o_rmpa_rmp � � b IL z 0 H" LLIJF= .2 o-a H. 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TO PIN 12 Sol 1 1 numul Me SECTION 00 3113 BIDDING AND CONSTRUCTION SCHEDULE Hutchinson Recreation Center Reroof and Facade Improvements Hutchinson, MN. 55350 ISG NO. 18 - 22464 Monday, December 2, 2019 Send out advertisement for Bids. Monday, December 9, 2019 Pre -bid meeting, walk-through 10:00 a.m. Thursday, January 16, 2020 Receive Bids before 2:00 p.m. Tuesday, January 28, 2020 Estimated date to issue Notice of Award. Tuesday, February 4, 2020 Estimated date to execute contract and issue Notice to proceed. Monday, April 20, 2020 Estimated preconstruction meeting date. Monday, April 27, 2020 Estimated commence construction date. Thursday, August 6, 2020 Substantial completion, perform final walk through and inspection with Owner and Architect. Owner can occupy. Thursday, August 13, 2020 Final Completion. END OF SECTION Project No. 18-22464 Section 00 3113 - Page 1 of 1 Hutchinson Recreation Center Reroof and Facade Improvements ALUMINUM TLC PANELS' TLC-1 PANEL TLC-2 PANEL 3" - 6" - - 12" Coverage — 12" Coverage 111115ireff.rrTrIMM 6" 12" Coverage ARCHITECTURAL COMMERCIAL INDUSTRIAL PANEL 12" Coverage CONCEALED 12" SOFFIT, FASCIA, OPEN FRAMING OR FASTENED COVERAGE WALL OR LINER SOLID SUBSTRATE PANEL PANEL OVERVIEW ■ Finish: PVDF ► Thickness: 0.032" standard ■ Material: 3003-H 14 Aluminum per ASTM B 209 ► 1.2" panel coverage, 1'1," height ■ Roll -formed panels ► Use on single skin or field -assembled wail system applications ■ Concealed fastened system ► Panels can be installed Horizontal or Vertical and are interchangeable for accent effiects TESTING ® ASTM E 283, Air Leakage, 0.00 cfmlft'. at 6.24 psf ■ ASTM E 331, Water Penetration, None at 12 psf ■ ASTM E 330, Wall Load Test with SM7108 adhesive in joints ■ ASTM E 1592, Wall Load Test with SM710X adhesive in.joints ApAd'� metal sales I Z� manufacturing corporation FASTENING PATTERN Field -Applied Adhesive Field -Applied Adhesive Farrel Fastener DIRECTIONAL DETAILS Left to Right Installation _ _ { Right io Left Installation Condensed Technical Relerence ■ Length Avaitabie in 1" increments. Minimum factory cut length is Maximum recommended panel length is 40'-0" Please inquire about longer panels. ■ Fasteners Overdriven fasteners will cause panel distortions. Panel fastenerts should exte d l f" or more past the inside face of the suvpbrt.matprial:_ Type 304 Stainless Steel fasteners are recommended for any fastener that penetrates Aluminum. Type of fastener material is shown in parenthesis. Panel Fasteners: Attaching to Wood: #10-12 Pancake Head Wood Screw (Stainless Steel) #10-12 Pancake Head Wood Screw (Carbon Steel) Attaching to Steel Framing (18 ga to 12 ga): #10-16 BiMeta I Tom Head Driller (Stainless Steel) #10-16 Pancake Head Driller (Carbon Steel) Trim Fasteners: 1I8" x 3116" Pop Rivets (Stainless Steel) #14-11 x 1"Stitch Screw (Stainless Steel) 114"-14 x 718" Stitch Screw (Carbon Steel) Field -Applied Adhesive: 114" diameter head of SM7108 Thick in SECTION PROPERTIES Width Yield Weight I STa� in Kai psf in^ift in'Ift s$orom n'Ift Spans)(3 or More Equal Inward and Outward Load x+ 3' 4' 5' 6' 8' 0.032 12 20 0,71 0.2370 0,5149 0.2086 39 25 19 15 12 - 0.040 12 20 0.88 0.2870 0.6310 0.2525 70 61 52 43 34 16 I. Theoretical section properties have been calculated per 20I0 Aluminum Design Manual. Ixx and 5xx are section properties for deflect.ior and bending. 2. Allowable load is calculated in accordance with 2010 AIuminum Design Manual specifications considering bending, shear, combined bending and shear, deflection and uplift load testing per ASTM E 330 over 16 ga supports. For 0.040" panels, values at 2' and 8' are based on tested values. For 0.032" panels, values at 2' and 6' are based on tested values. Other values are determined by interpolation. Allowable loads do not address web crippling or fasteners 1 supports for other assemblies. 3. Deflection consideration is limited by a maximum deflection ratio of U180 of span. 4. Allowable loads do not include a 113 stress increase in uplift. j7,S metal sales manufacturing corporation 171etalsale's.tls.Co117 Anchorage, AK 366,640.7663 Detroit Lakes, MN 888,594.1394 Bay City, MI 888.777.7640 Fontana, CA 800.782.7953 Deer Lake, PA 800.544.2577 Fort Smith, AR 877,452,3915 Oenvsr, GO 800.2a9.7663 Independence, MO 300.747.00'12 Jacksonville, FL 800.394.4419 Jefferson, 0H 800. 321 . 5833 Mocksvilte, NC 800.228.6119 Nashville, TN 800,251,8508 Rock Island, IL 800.747.1206 Rogers, BAN 800.328.93-16 Sesttle, WA 800.4 31 -3470 Sellersburg, iN 800.999.7777 Sioux Falls, s❑ 888.9o2.d;i;! Spokane, )NA 800.572.65315 Temple. TX K0_5,". I 'NoodlarJ. " ,a'30; "'s? L 0 Y to LL LL U) O j z7,Cw1?iae Y TLC-3 Aluminum Wall, Soffit Panel Coverage: 12" Rib Height: 1-1/2" Standard Gauge(s): 0.032 ga. aluminum JEF�w to s6' Cr:v�:riy�� 1- ?' Example Projects IC72-Panel - Roof Panel Coverage: 36" Rib Height: 1-112" Rib Features: 7.2" centers Standard Gauge(s): 24 ga. Optional Gauge(s): 20 ga., 22 ga. ■ AmAL SErukturoc Panels 5trukturoc texture and embossed gall panel systems are available it multiple specifications, offering super;or functionality for a wide variety of commercial designs, The panels may be used in both vertical anC har:zontal applications. T°-,e panel is universal in design, being used as wall,fasica and soffit panels. Other uses include fencing, ceilings and screening. Signature Series STK2000 Strukturoc Textured (stucco) panel • 20 gauge, hidden fastener, 16" wide, 14"-30' length Tongue & Groove • 24 standard colors; custom colors available PROBABLE PROJECT COST SUMMARY for Hutchinson Recreation Center Hutchinson, MN Bldg. SF: 15,800 CONSTRUCTION DOCUMENTS PHASE I&S Project Number: 18-22464 Revision Date: November 5, 2019 SUMMARY: Division 1 - General Requirements Rate Estimated Construction Cost $ 129,090.00 Actual Construction Cost $ - Cost SF $ 8.17 Division 2 - Existing Conditions & Demolition 13 200.00 0.84 Division 3 - Concrete - $ - Division 4 - Masonry 195,000.00 $ 12.34 Division 5 - Metals 228,400.00 $ 14.46 Division 6 - Wood and Plastics - 1 $ - Division 7 - Thermal and Moisture Protection 313,500.00 $ 19.84 Division 8 - Doors and Windows - $ - Division 9 - Finishes 59,500.00 $ 3.77 Division 10 - Specialties 51,000.00 $ 3.23 Division 11 - Equipment - $ - Division 12 - Furnishings - $ - Division 13 - Special Construction - $ - Division 14 - Conveying Systems - $ - Division 21- Fire Suppression - $ - Division 22- Plumbing - $ - Division 23 - HVAC - $ - Division 26 - Electrical - $ - Division 27 - Communications - $ - Division 28 - Electronic Safety & Security - $ - Division 31 - Earthwork - $ - Division 32 - Site Improvments - $ - Division 33 - Utilities .. - •� �� $ - $ 62.64 Contingencies 0.00% Adjustment Bidding 12119 vs. 05119 4.00%1 $ 39,587.60 $ 2.51 .. $ 65.14 Design Fees Other Costs Identified By Owner $ - $ - $ - •.- .. •� $ 65.14 EDA Board Meeting Main Conference Room — Enterprise Center 11:30 AM Wednesday, September 25th, 2019 MEETING MINUTES Members present in bold. EDA Board Members Mike McGraw Jonny Block Mike Cannon Corey Stearns Daron Vanderheiden Chad Czmowski Mary Christensen Jeremy Carter Staff Miles Seppelt, EDA Director Matt Jaunich, City Administrator Andy Reid, Finance Director Maddie Newcomb, EDA Program Manager I. Call to Order Meeting called to order at 11:32 AM. II. Approve Agenda III. Review Minutes a. August 21st Finance Team M/S/P: Cannon, Stearns to approve the minutes as written. Passed unanimously. Economic Development Authority Financial Summary as of August 2019 Operations Cash Available $111,797 Reserved $56,736 Unreserved $54,601 Economic Development Loan Fund Cash Available $39,764 Redline Systems Balance $7,592 Ashwill Industries Balance $7,845 Zephyr Wind Services $100,000 Laser Dynamics Balance (forgivable) $23,000 Innovative Foam Balance (forgivable) $14,355 Advances to other funds (Enterprise Center) $292,146 Downtown Revolving Loan Fund Cash Available $566,059 Loans Receivable $355,780 Capital Assets $201,329 Total Assets $1,123,168 MIF Loan Fund Cash Available $3,406 MOXY Loan Receivable $16,906 Enterprise Center Fund Cash Available $30,907 SHOPKO TIF District (TIF 4-5) Cash Available $147,776 Interfund Loans Receivable $478,307 MEDICAL CLINIC TIF District (TIF 4-16) Interfund Loan Payable $311,459 b. August 28th EDA Board M/S/P: Czmowski, Block to approve the minutes as written. Passed unanimously IV. Review of EDA Financial Statements Finance Director Andy Reid provided an update on the EDA financials. (Please refer to table) M/S/P: Christensen, Stearns to approve the financial report as presented. Passed unanimously. V. Director's Report A Marketing Plan B Business Recruitment / Expansions C Uponor Street Project D DALADO Property Facebook updates = 5 Twitter activity = 5 Website updates = 1 Social media has 318 likes on Facebook and 85 followers on Twitter. Staff updated the board on recent contacts and conversations. Project is complete, waiting for TDK sign installation. No current prospects. E Clinic Site Redevelopment Staff to meet with developer next week, received appraisals for 5 houses. FEMA grant due mid -October. F Warrior Mfg. Expansion Project moving along nicely, TIF budget will need to be revised due to larger scale project. G Zephyr Wind Services Open house on October 1 St H Civil Air Patrol Base Went in front of City Council on the 24t". Waiting to hear the final word. TigerPath 2.0 Conference Nov. 12t", working on getting planned. SWIF to sponsor again this year. J Coworking Space Workshop Staff attended. VI. Potential Solar Energy Project for Enterprise Center Report and Discussion ■ Possible Solar Array at the Enterprise Center ■ Goal is to cover all of the electrical needs of the building. ■ Staff to do more research. VII. Unique Tool, LLC ■ Looking for a 5,000 sq. ft. building. Vill. Marketing Plan 2020 ■ Last year, EDA did a $6,000 ad in the DEED "Thriving in the North" magazine ■ Site Selectors do not look at print ads. ■ Staff suggested joining the MN Marketing Partnership for $625 and working to cultivate relationships with a small group of site selector firms/individuals specializing in manufacturing projects in the Midwest. IX. Possible Donation of DALADO Property to City ■ Discussion on the possibilities of the property ■ Staff to meet with owners. X. Grant & Loan Program Applications Sian & Awnina Grant Proaram Robynn Real Estate — Pollman 12&14Main StS Zella's — Pollman 12&14Main StS Ward Law Office — Steve Ward 113 Main St S Purse-a-nalities — Mark Schmidt 34Main StN $1,000 (not yet considered by FT) $1,000 (not yet considered by FT) $1,000 $1,000 Urban Hair Studio — Julie Elder 18 Main St S $1,000 M/S/P: Block, Czmowski to approve the grant applications. Passed unanimously. Facade Improvement Grant Urban Hair Studio — Julie Elder 18 Main St S Robynn Real Estate — Pollman 12&14Main StS $1,000 $1,000 (not yet considered by FT) M/S/P: Czmowski, Christensen to approve the grant applications. Passed unanimously. Commercial Rehabilitation Loan Programs Urban Hair Studio — Julie Elder 18 Main St S $25,000 10 years @ 5.25% M/S/P: Block, Czmowski to approve the Commercial Loan at $22,000 pending the receipt of final needed information from the applicant. Mike Cannon abstained. Passed unanimously. XI. Other Business — None. XII. Set Next Meeting — 11:30 AM Wednesday, October 23rd, 2019 XIII. Adjourn Meeting adjourned at 1:04 pm. M/S/P: Block, Cannon to adjourn the meeting. Passed unanimously. Respectfully Submitted, Madison Newcomb EDA Program Manager MINUTES Regular Meeting — Hutchinson Utilities Commission Wednesday, September 25, 2019 Call to order — 3:00 p.m. President Don Martinez called the meeting to order. Members present: President Don Martinez; Vice President Matt Cheney; Secretary Robert Wendorff; Commissioner Monty Morrow; Commissioner Anthony Hanson; GM Jeremy Carter; Attorney Marc Sebora Conflict of Interest 2. Approve Consent Agenda a. Approve Minutes b. Ratify Payment of Bills Motion by Commissioner Wendorff, second by Commissioner Hanson to approve the Consent Agenda. Motion carried unanimously. 3. Approve Financial Statements Mr. Martig presented the Financial Statements. Last month there was a meter error with the hospital account, this has been fixed and a refund will be issued next month of $46K, which will affect the rate stabilization for the next couple of months. GM Carter noted that the Electric Division usage was down slightly but overall trending as it should. Natural Gas Division revenues and expenses were similar to last year. Motion by Commissioner Morrow, second by Commissioner Cheney to approve the financial statements. Motion carried unanimously. 4. Open Forum 5. Communication a. City Administrator— Matthew Jaunich — i. Wrapping up street projects. ii. Budget preparations b. Divisions i. Dan Lang, Engineering Services Manager — Nothing to report ii. Dave Hunstad, Electric Transmission/Distribution Manager — 1. Reviewed Outage report iii. Randy Blake, Production Manager — 1. Caterpillar is working on 150hr testing. 2. Working on finishing CIP projects for 2019 3. Starting on 2020 budget iv. John Webster, Natural Gas Division Manager- 1. Working on issue at hospital — Will be replacing all Mercury pressure and temperature volume correctors, as there is an issue with AMI system. 2. Met with 3M and Northern Pipe Construction to discuss natural gas installation to proposed generating facilities. v. Jared Martig, Financial Manager- 1. MRES will not have a rate increase for next year c. Legal — Marc Sebora — Nothing to report d. Human Resources - Brenda Ewing — Nothing to report e. General Manager —Jeremy Carter i. Catching up from conference last week. ii. Will start working on Budget and CIP iii. Follow up with Board on Strategic Planning topics, looking for feedback to move forward in 2020 6. Policies a. Review Policies i. Disconnection of Residential Services by HUC ii. Disconnection of Commercial Services by HUC iii. After Hours Reconnection Policy iv. Landlord Acknowledgement v. Inserts with Utility Bills vi. Identity Theft — Red Flag Program vii. MN Government Data Practices Act & Public Records Request No changes recommended at this time. b. Approve Changes No changes made to the policies under review. 7. Unfinished Business 8. New Business a. Approve Requisition #8119 — Hutchinson Mall Area Re -Conductor 2019 Mr. Hunstad presented Requisition #8119 — Hutchinson Mall Area Re -Conductor 2019. The work to install the new duct requires HUC to use a contractor since HUC's equipment is not large enough to install the 2 - 4" ducts. Three companies were asked for quotes on this project. Only Steile Construction quoted the project at $34,400.00. The other two companies have a full workload this time of year and are unable to complete the work. RAI A motion by Commissioner Morrow, second by Commissioner Hanson to Approve Requisition #8119 — Hutchinson Mall Area Re -Conductor 2019. Motion carried unanimously. 9. Adjourn There being no further business, a motion by Commissioner Cheney, second by Commissioner Wendorff to adjourn the meeting at 3:12p.m. Motion carried unanimously. Robert W ndorff, Secret ,, ATTEST: Don Martinez, Presidewt' M Planning, Zoning and Building Dept. Monthly Report 3rd Quarter 2019 Building Department Permit Activities 3rd Qtr. 2018 3rd Qtr. 2019 2018 Year to Date 2019 Year to Date Total Number Inspections 886 947 2118 3119 Total Number Plan Review 71 55 163 140 Building Permits Issued by Type Number of Permits & Valuation Number of Permits & Valuation Year to Date Number Permits & Valuation Year to Date Number Permits & Valuation Commercial (new) 0 $0.00 2 $4,025,000.00 A 2 $6,761,366.00 3 $4,720,800.00 Commercial ( additions/remodels) 24 $1,408,853.00 36 $11,606,270.00 60 $7,429,698.00 77 $20,752,621.00 Total Commercial 24 $1,408,853.00 38 $15,631,270.00 62 $14,191,064.00 80 $25,473,421.00 Industrial (new) 0 $0.00 0 $0.00 0 $0.00 0 Industrial (additions/remodels) 2 $1,604,100.00 4 $5,166,145.00 10 $4,348,700.00 4 $5,166,145.00 Total Industrial 2 $1,604,100.00 4 $5,166,145.00 10 $4,348,700.00 4 $5,166,145.00 Fire Sprinkling 11 $234,285.00 6 $82,878.00 22 $585,573.00 8 $87,675.00 New Residential 14 $2,466,120.00 4 $786,399.00 27 $5,053,040.00 20 $4,403,956.00 Residential misc (additions/remodels) 58 $222,708.00 33 $255,345.00 129 $756,982.00 95 $620,029.00 Set Fee permits (reside, reroof, window) 254 $0.00 165 $0.00 669 399 HRA Permits 0 $0.00 0 $0.00 0 $0.00 1 $0.00 Waived Fees 1 $942,275.00 0 $0.00 2 $946,275.00 0 $0.00 Subtotal Building Permits 364 $6,878,341.00 250 $21,922,037.00 921 $25,881,634.00 607 $35,751,226.00 Mechanical 66 $1,452,981.00 60 $2,762,555.00 173 $3,242,266.00 1531 $3,587,653.00 HRA Mechanical 0 $0.00 0 $0.00 0 0 Plumbing 33 $0.00 21 $0.00 861 70 HRA Plumbing 0 $0.00 0 $0.00 0 0 Total Valuation 463 $8,331,322.00 331 $24,684,592.00 1180 $29,123,900.00 830 $39,338,879.00 A Commercial New 1375 Montreal St SE (Hiehfield bide 5) - 53.100.000: 955 Cleveland Ave SW (Woodstone) - $925,000; B Commercial/Ind. Remodel 1095 Hwy 15 S (Hutch Health addition) - $8,545,038; 1370 Hwy 15 S (Target remodel) - $1,160,640; 1145 5th Ave SE (Warrior addition/footing and foundation) - $694,797; 905 Adams St SE (3M roof) - $519,800; 1145 5th Ave SE (Warrior addition) - $3,888,548; 1095 Hwy 15 S (Hutch Health Pharmacy C remodel) - $350,222 New Single Family 1341 Southfork Dr SE- $199,996; 142 Detroit Ave SE- $175,367; 137 Detroit Ave SE - $188,821; 145 Detroit Ave SE- $222,215; Other Building Inspection Activities July 17 - SW MN Chapter of ICC; Evergreen Meals served July - September Week of Hutchinson Park Towers Silver Lake Glencoe Brownton Stewart week 1 748 163 18 351 87 134 week 2 815 293 24 622 102 234 week 3 989 217 94 428 156 276 week 4 712 355 72 614 204 196 week 5 494 176 15 269 50 133 3758 1204 223 2284 599 973 Total Meals served July - September 9041 Dates Closed Planning and Zoning Quarterly Activities Year: 3rd Quarter, 2019 Activity Number Additional Info. Number of Planning Applications Reviewed and 1 Variance to reduce a front yard setback Processed located at 700 Shady Ridge Rd NW Number of Joint Planning Board Applications 2 Conditional Use Permit for home Reviewed and Processed occupation/landscaping business larger than 2000 sq ft with water and sewer and employing non-resident employees located at 08.030.0525, Section 30, Hutchinson Township; Conditional Use Permit for an accessory building larger than 2000 sq ft located at 17993 Noble Rd, Section 09, Hassan Valley Township Number of Planning Commission Meetings 2 Rezone of properties at 477 and 479 Hwy 7 E and Preliminary and Final Plat for Coop Subdivision; Variance to reduce a front yard setback located at 700 Shady Ridge Rd NW; Number of Joint Planning Meetings 1 Conditional Use Permit for home occupation/landscaping business larger than 2000 sq ft with water and sewer and employing non-resident employees located at 08.030.0525, Section 30, Hutchinson Township Number of Zoning Reviews for Building Permits 28 (Compliance with Zoning Code Number of Land Use Permits Issued - (Fences, 64 small sheds, patios, driveways, detached decks, etc.) Number of Zoning Review for Sign Permits 19 Number of Predevelopment/Pre Application 4 MITGI, Industrial Park, Fahey, Andrew Meetings Larson Number of Misc. Planning Meetings 45 City Council - 6 Directors Mtg - 6 Public Arts - Resource Allocation Mtg - 3 Monthly Facilities - 2 Directors Coordination Mtg - 2 MITGI Project review Planning Staff Facilities Committee Comp Plan (Barb & Lynn) Branding Proposal Pre App mtg ISG PBZ mtg - 2 Jim Fahey Marc Telecky Marketing RFP Interviews Greg Wegner Nemitz HCD Airport Zoning Aaron Fleet Committee - 2 Council Workshop Wage Committee Jeff R Branding/Marketing mtg Paul Wright Address Mapping Carlos Gonzales MN Planning Conference Number of Zoning Enforcement Cases 8 Number of Walk -In Customers Served 836 Site Visits 12