cp06-22-2010 cAGENDA
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JUNE 22, 2010
1. CALL TO ORDER — 5:30 P.M.
2. INVOCATION — Word of Life Church
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
5. MINUTES
(a) REGULAR MEETING OF JUNE 8, 2010
Action — Motion to approve as presented
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
ave een a egate to t e City Administrator. Traditionally, items are not discussed.)
(a) RESOLUTIONS AND ORDINANCES
ORDINANCE NO. 10 -0551 — AN ORDINANCE ESTABLISHING CREEKSIDE ADVISORY
BOARD (SET SECOND READING AND ADOPTION)
(b) PLANNING COMMISSION ITEMS
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES
DISPLAY LOCATED IN THE C-4 DISTRICT AT ANTIQUES TO GO, 934 HWY 15 SOUTH
WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT
RESOLUTION NO. 13758)
CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF
FIREWORKS LOCATED IN THE C -4 DISTRICT AT HUTCHINSON MALL, 1060 HWY 15
SOUTH, REQUESTED BY GERALD BRYER WITH FAVORABLE PLANNING COMMISSION
RECOMMENDATION (ADOPT RESOLUTION NO. 13759)
CONSIDERATION OF "STREET RIGHT OF WAY PLAT NO. 12" REQUESTED BY THE
CITY OF HUTCHINSON TO MODIFY THE MONTANA STREET NORTHWEST RIGHT OF
WAY WITH FAVORABLE PLANNING COMMISSION RECOMMENDATION (ADOPT
RESOLUTION NO. 13760)
(c) CONSIDERATION FOR APPROVAL OF PARK ELEMENTARY LEASE AGREEMENT
(d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO HUTCHINSON CENTER FOR THE ARTS FOR THE RIVERSONG MUSIC FESTIVAL JULY
30- 31.2010
(e) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE
TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FOR MCLEOD COUNTY FAIR
AUGUST 18 — 22, 2010
CITY COUNCIL AGENDA —JUNE 22, 2010
(fl CONSIDERATION FOR APPROVAL OF AMENDMENT TO MN/DOT AGREEMENT NO. 91425 —
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
(g) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS
COMMUNICATIONS, LLC
(h) CONSIDERATION FOR APPROVAL OF HUTCHINSON MUNICIPAL AIRPORT FUELING SYSTEM
UPGRADE STATE GRANT REQUEST
(i) CONS IDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO GERALD
BREYER TO SELL FIREWORKS IN THE HUTCHINSON MALL PARKING LOT FROM JUNE 25,
2010, TO JULY 5, 2010
0) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO CHRIS
ULMER OF TNT FIREWORKS TO HAVE A TENT SALE IN THE WALMART PARKING LOT FROM
JUNE 28, 2010, TO JULY 5, 2010
(k) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Action — Motion to approve consent agenda
7. PUBLIC HEARINGS— 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF GRANTING FRANCHISE TO CHERYL DOOLEY TO PLACE
A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON AVENUE EAST (WAIVE FIRST
READING AND SET SECOND AND ADOPTION OF ORDINANCE NO, 10 -0550 FOR JULY 13, 2010)
Action — Motion to reject — Motion to approve
(b) ASSESSMENT HEARING FOR SHERWOOD STREET SE EXTENSION PROJECT — ADOPT
ASSESMENT, ACCEPT BID AND AWARD CONTRACT (LETTING NO. 2, PROJECT NO. 10-02)
Action — Motion to reject — Motion to approve
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose. to provide Council with information
necessary to cra wise po icy. A ways oo ing toward I e uture, not monitoring past)
9
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 10, 2010,
AT 4:08 P.M. FOR 2009 AUDIT REVIEW
Action — Motion to reject — Motion to approve
(b) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 1.05, SUBD. 3(C) TO DISCUSS
PROPERTY ACQpUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MNIDOT
TRUNK HWY 7/15 PROPERTIES (442 MAIN STREET Ny ,TH, 454 MAIN STREET NORTH, 466
Iv *IN STREET NORTH, 480 MAIN STREET,�ORTH, 256 4 AVENUE NW, 264 4 AVENUE NW, 9
4 AVENUENE, 11 4TH AVENUE NE, 134 AVENUE NE, 154TH AVENUE NE, 174TH AVENUE
NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET
NE)
Action — Motion to reject — Motion to approve
CITY COUNCIL AGENDA —JUNE 22, 2010
11. GOVERNANCE (purpose: to assess past organizational performance, develop policy thatguides the organization and
ounci�e the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) CITY OF HUTCHINSON FINANCIAL REPORT FOR MAY 2010
(b) CITY OF HUTCHINSON INVESTMENT REPORT FOR MAY 2010
(c) PLANNING COMMISSION MINUTES FROM MAY 18, 2010
(d) JOINT PLANNING BOARD MINUTES FROM APRIL 21, 2010
(e) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2010
12. MISCELLANEOUS
13. ADJOURN
MINUTES
REGULAR MEETING — HUTCHINSON CITY COUNCIL
TUESDAY, JUNE 8, 2010
CALL TO ORDER — 5:30 P.M.
Mayor Steve Cook ca e t e meeting to order. Members present were Bill Arndt, Jim Haugen, Eric Yost and
Chad Czmowski. Others present were Gary Plotz, City Administrator, and Marc Sebora, City Attorney.
2. INVOCATION — No invocation was given.
3. PLEDGE OF ALLEGIANCE
4. PUBLIC COMMENTS
Ron Cleland, 385 Ottawa Avenue, presented before the Council. Mr. Cleland presented on behalf of the
Corvettes for a Cause who recently had a car show near Library Square and used the Rec Center parking lot.
Mr. Cleland thanked Hutchinson Police Services for their assistance. Mr. Cleland presented a check in the
amount of $300 to the City of Hutchinson. The Corvettes for a Cause show raises money for the American
Cancer Society and Breast Cancer Awareness.
5. MINUTES
a) REGULAR MEETING OF MAY 25, 2010
b) BID OPENING MINUTES FROM JUNE 2, 2010 (SHERWOOD STREET EXTENSION AND
SEALCOATING PROJECT)
Motion by Haugen, second by Arndt, to approve the minutes as presented. Motion carried unanimously.
6. CONSENT AGENDA (Purpose: onlyfor items requiring Council approval by external entities that would otherwise
e Peen a egate to t e City Administrator. Traditionally, items are nokliscussed.)
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
(b) RESOLUTIONS AND ORDINANCES
1. RESOLUTION NO. 13753 — RESOLUTION AUTHORIZING AN ABSENTEE BALLOT BOARD
(c) CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR MCLEOD
COUNTY VOITURE 414 FOR NOVEMBER 23, 2010, AT AMERICAN LEGION POST 96
(d) CONSIDERATION FOR APPROVAL OF SHORT TERM GAMBLING LICENSE FOR ST.
ANASTASIA CATHOLIC CHURCH ON SEPTEMBER 12, 2010
(e) REAPPOINTMENT OF TOM WIRT TO PUBLIC ARTS COMMISSION TO AUGUST 2011 AND
REAPPOINTMENT OF BUZZ BURICH TO PUBLIC ARTS COMMISSION TO AUGUST 2012
(f) CONSIDERATION FOR APPROVAL OF JOINT POWERS AGREEMENT WITH DEPARTMENT
OF PUBLIC SAFETY FOR E- CHARGING
(g) CONSIDERATION FOR APPROVAL OF CHANGE ORDER NO. 4— LETTING NO. 1, PROJECT
NO. 09 -01 (ENERGY PARK IMPROVEMENTS PHASE 1)
(h) CONSIDERATION FOR APPROVAL OF COOPERATIVE PROJECT AGREEMENT FOR 2010
WATERMAIN REHABILITATION
5 �a-)
CITY COUNCIL MINUTES — JUNE 8, 2010
(i) CONSIDERATION FOR APPROVAL OF ITEMS FOR SHERWOOD STREET SE EXTENSION
PROJECT (LETTING NO. 2, PROJECT NO. 10 -02)
(j) CONSIDERATION FOR APPROVAL OF MN/D OT PARTNERSHIP MASTER SERVICE
AGREEMENT AMENDMENT
(k) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSETO JAY
MALONE MOTORS FROM JUNE 12 —19,2010, AT HUTCHINSON MALL
(1) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
Item 6(h) was pulled for separate discussion.
Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of Item 6(h). Motion
carried unanimously.
Item 6(h) had further discussion. Mayor Cook asked Kent Exner, City Engineer, to review the watermain
Rehabilitation project and partnership that the City is entering into. Mr. Exner explained that the watermain
on the east shoulder of Hwy 15 south of downtown is proposed to be replaced. This watermain has had
several repairs over the recent years. The agreement being considered is between the City of Hutchinson,
City of Golden Valley and City of Fridley to bid the project out as one, however to allow each city to reserve
the right to reject their respective portion of the work. This partnership should receive lower bid prices and
secure a work schedule priority.
Motion by Haugen, second by Cook, to approve Item 6(h). Motion carried unanimously.
7. PUBLIC HEARINGS — 6:00 P.M.
(a) CONSIDERATION FOR APPROVAL OF ISSUING BONDS TO REFUND ALL OR PORTION OF
CITY'S GENERAL OBLIGATION MEDICAL FACILITIES REVENUE BONDS, SERIES 2002D
(APPROVE RESOLUTION NO. 13750 AND 1375 1)
Jeremy Carter, Finance Director, noted that the City retains an AA- bond rating from Standard & Poor's.
Mr. Carter introduced Steve Apfelbacher from the City's financial advising firm, Ehlers & Associates. Mr.
Apfelbacher explained the purpose of this evening's public hearing. The purpose is to refinance the 2012
through 2023 maturities of the $7,000,000 General Obligation Medical Facilities Revenue Bonds, Series
2002 as an advance crossover refunding.
Mr. Apfelbacher noted that the Series 2010A General Obligations Medical Facilities Revenue Refunding
Bonds see an overall savings of $409,400 which is a savings percentage of 5.418 %.
Mr. Apfelbacher also reviewed the issue of $770,000 Taxable General Obligation Medical Facilities
Revenue Refunding Bonds, Series 2010B. This issue sees a savings of $37,340 with a savings percentage of
4.620 %.
Motion by Arndt, second by Yost, to close public hearing. Motion carried unanimously.
Motion by Arndt, second by Haugen, to approve issuing bonds to refund all or portion of City's General
Obligation Medical Facilities Revenues Bonds, Series 2002D, approving Resolution Nos. 13750 and 13751.
Motion carried unanimously.
(b) DISCUSSION OF ORDINANCE NO. 10 -0548 — AN ORDINANCE REGULATING THE KEEPING OF
HONEYBEES WITHIN THE CITY LIMITS OF HUTCHINSON
Mayor Cook noted that this topic has been discussed at a few different meetings and the ordinance has been
revised a few times, Council Member Yost asked if anyone had consulted on what a reasonable colony size
is. Mayor Cook noted that this language was modeled after the City of Minneapolis's ordinance. Mayor
5 Cpl
CITY COUNCIL MINUTES — JUNE 8, 2010
Cook spoke about the benefits honeybees provide to the environment. He suggested that perhaps language
be added allowing additional help to Hutchinson Police Services should it be needed for clean up and other
issues with the costs being assessed to the property owner. Mayor Cook suggested that the City Attorney
contact the City of Minneapolis and discuss enforcement issues. Council Member Czmowski noted that he
has not received positive feedback on the proposed ordinance. He has received comments from parents who
have concerns for their children and allergic reactions. He also noted that there may be enforcement issues
for Hutchinson Police Services. Council Member Arndt suggested shelving this item due to low public
comment at meetings. He suggested letting nature be nature instead of perhaps bringing in items that might
be concerning to some residents.
Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously.
Motion by Czmowski, second by Arndt, to table item indefinitely until demand warrants differently. Mayor
Cook noted he did receive a comment from a resident who had concerns with bee sting allergies. Motion
carried unanimously.
(c) DISCUSSION OF ORDINANCE NO. 10 -0549 — AN ORDINANCE GRANTING A FRANCHISE TO
SKIP QUADE TO AFFIX A WALL MURAL AT 140 MAIN STREET (SECOND READING AND
ADOPTION JUNE 8, 2010)
Council Member Haugen asked if mural lighting had been discussed. Bob Peterson, project coordinator,
presented before the Council. Mr. Peterson noted that discussion was held regarding lighting. He noted that
a necessity was not found.
Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously.
Mayor Cook suggested that the franchise be labeled specifically for the mural for consideration and that
should the mural be revised, consent from the Council would have to he requested. An additional section
could be added to the ordinance stating, "This franchise agreement only pertains to the mural that was
commissioned by Kay Peterson and of the design presented to the City Council. Any substantial
changes/additions to mural would require City Council approval." as a Section 9.
Motion by Arndt, second by Czmowski, to approve Ordinance No. 10 -0549 with the additional language
noted above. Motion carried unanimously.
8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information
necessary to cra ! wtse po rcy. ways ao ing toward the future, not monitoring past)
(a) UPDATE ON TOBACCO AND LIQUOR LICENSE VIOLATIONS
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that in December 2009
Hutchinson Police Services conducted compliance checks for tobacco and liquor license holders. A total of
eight violations occurred at the following businesses: tobacco — Econo Foods, Cenex (both locations),
Caseys; liquor— Main Street Sports Bar, Sinclair Gas Station, Econo Foods, Elks Lodge. All of the tobacco
license holders have waived their right to a hearing and have paid their administrative penalty. The liquor
license holders have a right to a hearing as well. Main Street Sports Bar and Sinclair Gas Station have
waived their right to a hewing, Econo Foods is still pending in the court system and the Elks have requested
a hearing.
Motion by Haugen, second by Yost, to set liquor license violation hearing for June 29, 2010, at 5:00 p.m.
Motion carried unanimously.
a
10. NEW BUSINESS
(a) CONSIDERATION FOR APPROVAL OF ESTABLISHING CREEKSIDE ADVISORY BOARD (WAIVE
FIRST READING AND SET SECOND READING AND ADOPTION OF ORDINANCE NO. 10 -0551 FOR
JUNE 22, 2010)
5!�)
CITY COUNCIL MINUTES —JUNE 8, 2010
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz explained that several years ago an
ad hoc advisory committee was formed to discuss neighborhood issues relating to Creekside compost
facility. The committee's breadth has grown over the years, as well as the facility's business, and therefore it
seems worthwhile to form a formal board with specific representation.
Council Member Arndt, whom serves on the current committee, spoke about the positive things Creekside is
doing. Mayor Cook suggested the words, appointed by the Mayor with ratification by the Council, be added
in 10(C). He also spoke about term limits and that no specified length of years be indicated. He suggested
making language changes to be consistent with other board limits.
Motion by Arndt, second by Haugen, to set second reading and adoption of Ordinance No. 10 -0551 for June
22, 2010, with the suggested language changes. Motion carried unanimously.
(b) CONSIDERATION FOR APPROVAL OF ITEMS FOR 2010 STREET SEAL COATING PROJECT
(LETTING NO. 12, PROJECT NO. 10 -13) — ACCEPTING BID AND AWARDING CONTRACT
Kent Exner, City Engineer, presented before the Council. Mr. Exner explained that three bids were received
for the seal coating project. The low bid came in from Pearson Bros. Inc. of Hanover, Minnesota. Their bid
was approximate )y 14 /o lower than the final engineer's estimate for the project. The project will be funded
fr om the general fund along with construction bonding.
Motion by Arndt, second by Czmowski, to accept bid and award contract for 2010 street seal coating project.
Motion carried unanimously.
(c) DISCUSSION OF HOLDING AN ADVISORY REFERENDUM IN NOVEMBER ON A LOCAL V2%
SALES TAX DEDICATED TO HELPING PAY OFF THE WATER AND WASTEWATER PLANT
EXPANSION DEBT
Mayor Cook noted that there was a previous moratorium set by the state legislature that ended May 30,
2010. Mayor Cook explained that cities have gone to their voters first and then the legislature and have
also gone to the legislature first and then to the voters. Mayor Cook suggested putting the referendum on the
November election ballot, and if appproved, then move to the legislature at the next session. City Attorney
Sebora will research the necessary l9riguage and timeframes to have it on the November ballot.
(d) CONSIDERATION FOR APPROVAL OF SETTING BUDGET WORKSHOP IN JULY
Motion by Haugen, second by Yost, to set budget workshop for July 13, 2010, at 4:00 p.m. Motion carried
unanimously.
(e) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR JUNE 22, 2010, FOR
AN UPDATE ON THE IMPLEMENTATION OF NUISANCE ORDINANCE
Gary Plotz, City Administrator, presented before the Council. Mr. Plotz noted that City staff has
implemented the nuisance ordinance that was adopted late in 2009. Staff would like to Provide the Council a
status report on the project. General discussion was held regarding enforcing the ordinance. Mayor Cook
asked that staff consider how other cities handle costs that are incurred related to enforcement.
Motion by Arndt, second by Haugen, to set Council workshop for June 22, 2010, at 4:00 p.m. for an update
on the implementation of nuisance ordinance. Motion carried unanimously.
11. GOVERNANCE (Purpose: to assesspaslorganizatiorealperformance , develop policy that guides the organization and
Council and manage the logistics of the Council. May include monitoring reports, policy development and governance
process items.)
(a) FIRE DEPARTMENT MONTHLY REPORT FOR MAY 2010
(b) HUTCHINSON HOUSING & REDEVELOPMENT AUTHORITY BOARD MINUTES FROM APRIL 20,
2010
5Lj`-
CITY COUNCIL MINUTES —JUNE 8, 2010
(c) CITY OF HUTCHINSON WEED NOTICES MONTHLY REPORT FOR MAY 2010
Mayor Cook asked if the weed notice report is complaint -based or proactive enforcement. Gary Plotz noted
that it was both.
No action required for Items I I (a) — I I (c).
12. MISCELLANEOUS
(a) RESOLUTION NO. 13754 — RESOLUTION TO SELL AT AUCTION SURPLUS POLICE
DEPARTMENT PROPERTY
Gary Plotz noted that this auction is through the State of Minnesota. This is an auction that Hutchinson
Police Services has not been a part of in the past.
Motion by Arndt, second by Cook, to approve Resolution No. 13754. Mayor Cook suggested trying to sell
surplus property at consignment sales as well if we haven't already. Motion carried unanimously.
Jim Haugen — Council Member asked about patching on Main Street and the matching of the concrete. Kent
Exner noted that patching with blacktop is Mn/DOT'S method mainly due to costs.
Bill Arndt — Council Member Arndt commented on the upcoming Water Carnival celebration next week, as
well as Dairy Days this Friday.
Eric Yost — Council Member Yost commented on the comments he has received related to the mayor's term
and the power to appoint board members.
Kent Exner — Mr. Exner reviewed the Washington/Adams project.
Mayor Cook — Mayor Cook noted there is Board of Review training coming up this fall. Mayor Cook
commented on Item 6(a) of the agenda and how it is no longer being utilized. An ordinance change will be
considered at an upcoming meeting.
13. ADJOURN
Motion by Arndt, second by Yost, to adjourn at 7:10 p.m. Motion carried unanimously
• ORDINANCE NO. 10 -0551
AN ORDINANCE ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD
§31.32 CREEKSIDE RENEWABLES ADVISORY BOARD
(A) Establishment.
(1) A Creekside Renewables Advisory Board is hereby established.
(B) Purpose.
The purpose of the Creekside Renewables Advisory Board shall include but is not limited to:
(1) Advising the City Council on topics concerning the operation of any city-owned organics
processing facility and development for other renewable products to create a self -
sustainable community;
(2) Providing input to City staff and the City Council as to the continued use and
environmental - friendly manufacturing of compost and other products that would
otherwise be unused waste materials;
(3) Developing Creekside facility into an energy- sustainable facility that will serve as a
• model throughout the community;
(4) Acting as a liaison between the City of Hutchinson and those neighboring any process
facility(ies) to address questions or concerns about Creekside's facility or processing
operations;
(C) Appointment and Board Composition
(1) The Board shall be composed of six members appointed by the Mayor, subject to
ratification by the City Council. The members shall include one City Council Member
and five citizen members. If possible, the citizen members should include persons
representing the area surrounding the Creekside facility, the Hutchinson
business/manufacturing sector and Creekside's customer base.
(2) Citizen member positions shall be designated as "Member I ", "Member 2 ", "Member 3 ",
"Member 4 ", and "Member 5 ". The initial appointment for Member I shall be for one
year, Members 2 and 3 for two years, and Members 4 and 5 for three years. Thereafter,
citizen members shall be appointed for three -year terms. The City Council Member shall
serve a one year term and shall be appointed or reappointed annually.
(3) No board member shall be appointed to more than two consecutive full terms, exclusive
of the fulfillment of an unexpired term or partial term previously served, but shall again
be eligible for service following a break in service of not less than one year. New
appointees shall assume office on the first day of the first month following their
appointment and qualification, or on the first day of the first month following the
expiration of the prior term and qualification, whichever shall occur last. Provided,
however, that all appointees to the board shall hold office until their successor is
. appointed and qualified. All vacancies shall be filled in the same manner as for an •
expired term, but the appointment shall be only for the unexpired term.
(4) The City Administrator and Compost Facility Manager shall be ex- officio members.
(D) Duties.
(1) The Creekside Renewables Advisory Board shall act in an advisory capacity to the City
Council for the City and may make recommendations to the City Council regarding
organics processing and other subjects related to the committee's stated purpose outlined
above.
Adopted by the City Council this day of 2010.
ATTEST:
Mayor Steven W. Cook Gary D. Plotz, City Administrator
•
40;'A,4 (46Q) z
ORDINANCE NO. 10-0551
AN ORDINANCE ESTABLISHING A CREEKSIDE RENEWABLES ADVISORY BOARD
§31.32 CREEKSIDE RENEWABLES ADVISORY BOARD
(A) Establishment.
(1) A Creekside Renewables Advisory Board is hereby established.
(B) Purpose.
The purpose of the Creekside Renewables Advisory Board shall include but is not limited to:
(1) Advising the City Council on topics concerning the operation of any city-owned organics
processing facility and development for other renewable products to create a self -
sustainable community;
(2) Providing input to City staff and the City Council as to the continued use and
environmental - friendly manufacturing of compost and other products that would
otherwise be unused waste materials;
(3) Developing Creekside facility into an energy - sustainable facility that will serve as a
model throughout the community;
(4) Acting as a liaison between the City of Hutchinson and those neighboring any process
facility(ies) to address questions or concerns about Creekside's facility or processing
operations;
(C) Appointment and Board Composition
(1) The Board shall be composed of six members. The members shall include one City
Council Member and five citizen members. If possible, the citizen members should
include persons representing the area surrounding the Creekside facility, the Hutchinson
business/manufacturing sector and Creekside's customer base.
Citizen member positions shall be designated as "Member 1 ", "Member 2 ", "Member 3 ",
"Member 4 ", and "Member 5 ". The initial appointment for Member I shall be for one
year, Members 2 and 3 for two years, and Members 4 and 5 for three years. Thereafter,
citizen members shall be appointed for three -year terms.
The City Council Member shall serve a one year term and shall be appointed or
reappointed annually by the Mayor subject to ratification by the City Council.
No board member shall be appointed to more than two consecutive full terms, exclusive
of the fulfillment of an unexpired term or partial term previously served, but shall again
be eligible for service following a break in service of not less than one year. New
appointees shall assume office on the first day of the first month following their
appointment and qualification, or on the first day of the first month following the
expiration of the prior term and qualification, whichever shall occur last. Provided,
&(CL) �
however, that all appointees to the board shall hold office until their successor is
appointed and qualified. All vacancies shall be filled in the same manner as for an
expired term, but the appointment shall be only for the unexpired term.
The City Administrator and Compost Facility Manager shall be ex -officio members.
(D) Duties.
(1) The Creekside Renewables Advisory Board shall act in an advisory capacity to the City
Council for the City and may make recommendations to the City Council regarding
organics processing.
Adopted by the City Council this day of 2010.
ATTEST:
Mayor Steven W. Cook Gary D. Plotz, City Administrator
(a ik) �
MEMORANDUM
DATE: June 16, 2010 for the June 22, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONDITIONAL USE PERMIT TO ALLOW OUTDOOR SALES DISPLAY
LOCATED AT ANTIQUES TO GO, 934 HWY 15 SOUTH
APPLICANT: Michael Corcoran, property owner
Background:
Michael Corcoran, owner of Antiques to Go is proposing an outdoor sales display area to
display larger items sold at his business. The applicant proposes to construct a 30' x
140'secured outdoor sales area, which would be constructed of wrought iron and /or chain
link fencing. The view of the outdoor sales area would require an opaque fence as
screening on the western portion of the fenced in area to screen the view from the existing
residential property. Additional information is contained in the attached staff report and
attachments.
Planning Commission Meeting:
The Planning Commission held a public hearing and considered the request at their June
15th meeting. There were no neighboring property owners objecting to the request. The
property owner was in attendance and spoke on behalf of his request. There was
discussion regarding storage of equipment and a trailer on the west side of the property that
is currently in violation of City Code regarding outdoor storage. Planning Staff noted that
the CUP was applied for to allow for outdoor storage for items for sale only, not storage.
Staff noted that if the applicant wanted to have outdoor storage for items not for sale he
would need to amend the CUP, in addition to constructing a fence to screen the items being
stored. After discussing the request, the Planning Commission unanimously recommended
approval with the following findings and recommendations:
1. The proposal would meet the standards for granting a conditional use permit, subject
to the conditions stated.
2. Screening or fencing with 100% opacity from residential districts is required to meet t
the requirements of Section 154.115. The screening is only needed on the western
portion of the fence, as that is the only area that abuts a residential district.
3. The grass area or green space located to the south and west of the building is not to
be used for circulation or parking purposes.
4. Approval of a fence permit is required before the fence is constructed.
5. Property owner must locate utilities prior to installing the fence.
6. The fence should not interfere with the meters located on the building. \
�� J 1
City Council Memo
June 16, 2010
Antiques to Go outdoor sales display
Conditional Use Permit
7. Parking spaces shall be striped and meet the requirements of Section 154.116 of the
Zoning Ordinance prior to the fence being constructed.
8. Add a two foot buffer (setback) from the fence to the north property line.
c, US))
RESOLUTION NO. 13758
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR SALES DISPLAY AT 934 HWY 15 SOUTH IN THE C-4 (FRINGE
COMMERCIAL DISTRICT) REQUESTED BY MICHAEL CORCORAN,
ANTIQUES TO GO
Whereas, Michael Corcoran, property owner, has requested approval of a Conditional Use
Permit to allow outdoor sales display located at 934 Hwy 15 South in the C-4 District with the
following legal description:
Legal Description: Lot 3, Block 1, Hanson's Third Addition
Whereas, the Planning Commission met on June 15, 2010, and held a public hearing on the
request and considered the requirements of the Zoning Ordinance and effects of the proposal on
the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated
traffic conditions, and the effect on values of properties in the surrounding area and consistency
with the Comprehensive Plan, and hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Screening or fencing with 100% opacity from residential districts is required to meet the
requirements of Section 154.115. The screening is only needed on the western portion of the
fence, as that is the only area that abuts a residential district.
3. The grass area or green space located to the south and west of the building is not to be used
for circulation or parking purposes.
4. Approval of a fence permit is required before the fence is constructed.
5. Property owner must locate utilities prior to installing the fence.
6. The fence should not interfere with the meters located on the building.
7. Parking spaces shall be striped and meet the requirements of Section 154.116 of the Zoning
Ordinance prior to the fence being constructed.
8. Add a two foot buffer (setback) from the fence to the north property line.
Adopted by the City Council this 22h day of June, 2010.
0111IM"
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
(,0�)
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DIRECTORS REPORT PLANNING DEPARTMENT
2 P- e.,00'al elf XF '01 a r , v 0 -or e 'a. 00 .01 �ff or dr'A
TO _. Hutchinson Planning Commission
From Brad Emans,, Dolf Moon, Dave Hunstad, Miles Seppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dim leer, Kent Exner, John Paulson, Mark Schnobfich, Marc Sebora, Gary Plotz,
Jeremy Carter, Jium Popp, Dan Hatten. Mick Nagy, Dan Jochum and Bonnie
Baumetz (Persons in attendance at Planning Staff Meeting in bold)
Date: June 3, 20 10, for June 15, 20 10, Planning Commission Meeting
Application: CONSIDERATION OF A CONDITIONAL USE PERMIT TO ALLOW
OUTDOOR SALES DISPLAY LOCATED AT ANTIQUES TO GO-9 934
HVVY 15 SOUTH
Applicant: Michael Corcoran, property owner
CONDITIONAL USE PERMIT
The property owner is requesting a conditional use permit to allow an outdoor sales display in a fenced
area, consisting of chain link or wrought irun fence on the north side of his business. Antiques to Go., at
934 Hwy 15 South, between Pizza Hut and Edina Realty. The property owner proposes to construct an
approximately 30' x 140" fenced outdoor sales area to provide a secured' area for larger items to be sold.
The site plan on record indicates he will lose 7 parking spaces with the addition of a fenced sales display
area: however. the applicant still meets the parking requirement of 14 spaces. The site plan indicates the
14 parking spaces will be located in front of the building (east side). Parking requirements are.,
Furvilture/Warehouse - I space per 1000 sq. ft. The building is approximately 14,000 sq. ft. A conditional
use permit is required for any outdoor storage or display, including items for sale in the display area
according to the Zoning Ordinance, section 154.115.
Planning Commission —June 15, 2010
Conditional Use Permit — Outdoor Sales Display
934 Hwy 15 South
Page 2
Existing Zoning:
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use and Zoning:
Comprehensive Land Use Plan:
Zoning History:
Applicable Regulations:
Analysis and Recommendations:
GENERAL INFORMATION
C -4 (Fringe Commercial)
934 Hwy 15 South
1 acre
Antique store
C4 (Fringe Commercial) and R- 3(Medium -High Density
Residential)
Urban Commercial Design Zone
A variance was granted in 2004 to allow a hard - surface parking
lot up to the property line.
Section 154.115 (C) (2), City Code
Michael Corcoran, owner of Antiques to Go is proposing an outdoor. sales display area to display larger
items sold at his business. The applicant proposes to construct a 30' x 140'secured outdoor sales area,
which would be constructed of wrought iron or chain link fencing. The view of the outdoor sales area
would require an opaque fence as screening on the western portion of the fenced in area to screen the
view from the existing residential property.
Staff reviewed the application and discussed the parking requirement of 14 spaces. The property owner
indicated in his letter of May 19, 2010, that he has no plans to blacktop the rear area of the property and
will leave it as green space, since this area won't be used for parking or circulation. The applicant has
indicated on his site plan that there will be 14 parking spaces in the front of his building (east side). The
14 spaces shown on the site plan satisfy the parking requirement for this use. Staff recommends that the
applicant stripe the 14 parking spaces prior to the fence being constructed.
Staff also noted there are utilities along the north property line. The property owner must locate these
utilities prior to installing the fence and also ensure the fence doesn't interfere with the meters located on
the building.
Staff does have concerns related to vehicular circulation between the Corcoran property and the Fahey
property located directly north of the subject site. The current parking arrangement on the south side of
Fahey's property will need to be re- arranged if a fence is built. It appears there won't be enough room for
head in parking or angled parking in this area.
Staff recommends that vehicular circulation and parking not be allowed on the grass located south and
west of the Antiques to Go building. It appears that historically there has been a drive aisle located on the
south and west side of the building that was used to access the rear of the property. Due to the fact the
applicant is considering this space green space and it doesn't meet the requirements of a parking lot it
should no longer be used as a circulation route around the building or for parking or other circulation
purposes. 6)
Planning Commission —June 15, 2010
Conditional Use Permit — Outdoor Sales Display
934 Hwy 15 South
Page 3
Staff also is aware of a signed parking lot access agreement between Michael Corcoran and James Fahey
related to possible encroachment situations regarding access and vehicle turnaround. This agreement was
given to the City in 2004 but the City has no authority to grant easement rights, as suggested in the letter.
Staff considers this agreement to be between the two property owners and not a City issue related to this
Conditional Use Permit application.
The following standards for granting a conditional use permit must be met:
(a) The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities and
other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
Staff recommends approval of the request with the following recommendations and findings:
1. The proposal would meet the standards for granting a conditional use permit, subject to the
conditions stated.
2. Screening or fencing with 100% opacity from residential districts is required to meet the
requirements of Section 154.115. The screening is only needed on the western portion of the
fence, as that is the only area that abuts a residential district.
3. The grass area or green space located to the south and west of the building is not to be used
for circulation or parking purposes.
4. Approval of a fence permit is required before the fence is constructed.
5. Property owner must locate utilities prior to installing the fence.
6. The fence should not interfere with the meters located on the building.
7. Parking spaces shall be striped and meet the requirements of Section 154.116 of the Zoning
Ordinance prior to the fence being constructed.
X00)1
Planning Cornmission — June 15, 2010
Conditional Use Permit — Outdoor Sales Display
934 Hwy 15 South
Page 4
View from east looking west at the proposed area to be fenced in.
View from north looking south at the proposed parking area. (����
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MEMORANDUM
DATE: June 16, 2010 for the June 22, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: CONDITIONAL USE PERMIT TO ALLOW TENT SALES OF FIREWORKS
LOCATED AT HUTCHINSON MALL, 1060 HWY 15 SOUTH
APPLICANT: Gerald Breyer, Generous Jerry's FW, Inc.
Southern Prairie Development, LLC, property owner
Background:
The applicant is requesting a conditional use permit to allow fireworks to be sold in a tent
located in the Hutchinson Mall parking lot. Approval of a similar request was granted for
the Wal Mart parking lot in April 2009. The request is to set up the tent June 25, 2010 and
take it down by July 5, 2010. Section 130.08 C (6) of the Hutchinson Municipal Code
requires a conditional use permit for outside sale of fireworks. In addition to the CUP, the
City requires approval of a fireworks permit from the Fire Department and a transient
merchant license through the City Council. A new conditional use permit will be required if
the fireworks permit request is for a new location or if there are other changes to the
request. State Statutes allow a conditional use permit issued for a speck property to
remain in effect as long as the use does not cease operation for one year on the same
property, provided that conditions remain the same. Additional information is contained in
the attached staff report and attachments.
Plannina Commission Meeting:
The Planning Commission held a public hearing and considered the request at their June
15th meeting. There were no neighboring property owners objecting to the request. After
briefly discussing the request and the location of the tent in the parking lot, the Planning
Commission unanimously recommended approval with the following findings and
recommendations:
1. The request meets the standards for granting a conditional use permit.
2. A conditional use permit is approved to allow sales of fireworks in a tent at 1060 Hwy
15 S., according to the application details and site plan received by the City on May
18, 2010. Fireworks sales may be allowed for the dates and conditions specified on
the fireworks sales permit and transient merchant license issued annually.
3. Annual application and approval of a fireworks permit and transient merchant license
are required for future renewals. Any changes to the operations or conditions would
require approval of a new or amended conditional use permit.
4. All display and sales areas must be kept secured.
5. Signage requires a separate sign permit prior to installation of signage.
6. Locate the tent to the west of the parking island near the Mall entrance.
(,to0��
RESOLUTION NO. 13759
RESOLUTION APPROVING A CONDITIONAL USE PERMIT TO ALLOW SALE OF
FIREWORKS IN A TENT IN THE HUTCHINSON MALL PARKING LOT
AT 1060 HWY 15 SOUTH FOR GERALD BREYER, GENEROUS JERRY'S FW, INC.
Whereas, Gerald Breyer, applicant, has requested approval of a conditional use permit to allow
fireworks to be sold in a tent, located in the Hutchinson Mall parking lot with the following
legal description:
Legal Description: Lot 1, exceppting therefrom all that portion thereof platted as Hutchinson
Mall Plat 2, according to the recorded plat thereof McLeod County,
Minnesota
Whereas, the Planning Commission met on June 15, 2010, and held a public hearing on the
request and considered the effects of the proposal on the health, safety, and welfare of the
occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on
values of properties in the surrounding area and consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission
and hereby does recommend approval of the conditional use permit, subject to the following
findings and conditions:
1. The request meets the standards for granting a conditional use permit.
2. A conditional use permit is approved to allow sales of fireworks in a tent at 1060 Hwy 1!
S., according to the application details and site plan received by the City on May 18,
2010. Fireworks sales may be allowed for the dates and conditions specified on the
fireworks sales permit and transient merchant license issued annually.
3. Annual application and approval of a fireworks permit and transient merchant license are
required for future renewals. Any changes to the operations or conditions would require
approval of a new or amended conditional use permit.
4. All display and sales areas must be kept secured.
5. Signage requires a separate sign permit prior to installation of signage.
6. Locate tent to the west of the parking island near the Mall entrance.
Adopted by the City Council this 22 "d day of June, 2010.
a 11111 0- 1 6
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor .
(" CIO) D'
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DIRECTORS REPORT PLANNING DEPARTMENT
To,-. Hutchinson Plann i
ing Commisson
From: Brad Emans, Dolf Moon, Dave Hunstad, Miles ppelt, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Dimler, Kent Exner, John Paulson, Mark Schnobrich, Marc Sebora, Gary Plot z,
Jeremy Carter, Jim Popp, Dan Hatters, Dick Nagy, Dan Jochum and Bonnie
Baumetz (Persons in attendance at Planning Staff Meeting in bold)
Date: June 3, 2010, for June 15, 2010, . Planning Commission Meeting
Appheation: CONDITIONAL USE PERMIT TO AILLOW TENT SALES OF FIREWORKS
LOCATED AT HUTCRINSON MALL., 1060 HWY 15 SOUTH
Applicant: Gerald Breyer, Generous Jerry's FW, Inc., applicant
Southern Prairie Development, LLB, property owner
CONDITIONAL USE PERMIT
The applicant is reqUeSt in a coed itional use perm it to a] low fireworks to be of in a tent located 1 n the
I-lutchinson Mall parking lot. Approval oCa similar request was granted in the Wal Mart parking lot in
April 2009. The reqtlest is to set up the tent J tine 25, 20 10 and take it down by July 5., 2010. Section
130-08 C (6) of the 14utchinson Municipal Code requires a conditional use permit for outside sale of
fireworks.
Conditional use permit
1060 Hwy IS S - Fireworks tent
Planning Commission - 6- 152010
GENERAL INFORMATION
Existing Zoning: C4 (Fringe Commercial)
Property Location:
Lot Size:
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
1060 Hwy 15 South
Approximately 14 acres
Commercial
Commercial
Urban Commercial Design
Zoning History: In 2004, the City Code was amended to require conditional use permits for
fireworks sales in tents. Previously, tent sales were not allowed, however,
State Statute changed to require Cities to allow tent sales of fireworks.
Applicable
Regulations: Section 130.08 C (6), City Code
Analysis and
Recommendation:
In addition to the CUP, the City requires approval of a fireworks permit from the Fire Department and a
transient merchant license through the City Council. Anew conditional use permit will be required if the
fireworks permit request is for a new location or if there are other changes to the request. State Statutes
allow a conditional use permit issued for a specific property to remain in effect as long as the use does not
cease operation for one year on the same property, provided that conditions remain the same.
A CUP shall be granted if the use meets the following standards:
(a) The proposed building or use at the particular location requested is necessary or desirable to
provide a service or a facility which is in the interest of the public convenience and will
contribute to the general welfare of the neighborhood or community;
(b) The proposed building or use will not have a substantial or undue adverse effect upon
adjacent property, the character of the neighborhood, traffic conditions, utility facilities and
other matters affecting the public health, safety and general welfare; and
(c) The proposed building or use will be designed, arranged and operated so as to permit the
development and use of neighboring property in accordance with the applicable district
regulations.
Staff recommends approval of this application with conditions for safety. The location of the tent will be
south of the construction site for Buffalo Wild Wings. Traffic flow could become an issue with the
construction traffic, mall and Runnings traffic. The display must be kept secured at all times. Any signage
requires a separate sign permit application and approval. Staff recommends approval of the CUP with f_
the following conditions and findings: l(' J
Conditional use permit
1060 Hwy 15 S — Fireworks tent
Planning Commission — 6-15 -2010
1. The request meets the standards for granting a conditional use permit.
2. A conditional use permit is approved to allow sales of fireworks in a tent at 1060 Hwy
15 S., according to the application details and site plan received by the City on May 18,
2010. Fireworks sales maybe allowed for the dates and conditions specified on the
fireworks sales permit and transient merchant license issued annually.
3. Annual application and approval of a fireworks permit and transient merchant license are
required for future renewals. Any changes to the operations or conditions would require
approval of a new or amended conditional use permit.
4. All display and sales areas must be kept secured.
5. Signage requires a separate sign permit prior to installation of signage.
SOUTH
GRADE ROAD
TENANT IN
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88,842
SF
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34,384
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13,060
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1,750
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1,340
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785
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2,783
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3,049
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2.631
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5,997
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5,270
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4,5D0
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NAME YOUR FRAME
2,202
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1,479
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68.
GNC
1,786
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72.
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1,378
SF
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71
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1,180
SF
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j D' I
74.
UNKE1
622
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I
75.
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604
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^
78.
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588
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81.
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828
SF
83.
CLAIRE'S
1,320
SF
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84.
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SF
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1,488
SF
93.
96.
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HALLMAPJ(
3,364
5.515
SF
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102
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1,W
SF
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108.
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2,993
SF
HUTCHINSON MALL
9Wtk
AVALABLE
170
SF
Hutchinson, Minnesota
9001B
AVAILABLE
170
SF
MEMORANDUM
DATE: June 16, 2010 for the June 22, 2010 City Council meeting
TO: Hutchinson City Council
FROM: Dan Jochum, Planning Director
Bonnie Baumetz, Planning Coordinator
SUBJECT: PRELIMINARY AND FINAL PLAT "STREET RIGHT OF WAY PLAT NO. 12 "
APPLICANT: City of Hutchinson
Backaround:
The request to plat is for the purpose of providing a street right of way to designate the location
of Montana Street NW. Additional information is contained in the attached staff report and
attachments.
Plannina Commission Meetina:
The Planning Commission held a public hearing and considered the request at their June 15th
meeting. There were no neighboring property owners objecting to the request. After briefly
discussing the request, the Planning Commission unanimously recommended approval with
the following findings and recommendations:
1. The platted roadway meets the subdivisions standards for new roadways in the City
Code.
2. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days
of approval
(- bJ- -!)
RESOLUTION NO. 13760
RESOLUTION APPROVING A PRELIMINARY AND FINAL PLAT
OF RIGHT OF WAY PLAT NO.12
Whereas, the City of Hutchinson, property owner, has requested approval of a preliminary and final plat of
RIGHT OF WAY PLAT NO. 12, with the following legal description:
Legal Description:
Part of the Southeast Quarter of the Southeast Quarter of Section 36, Township 117 North, Range 30 West,
McLeod County, Minnesota, from the southerly line of MINNESOTA DEPARTMENT OF
TRANSPORTATION RIGHT OF WAY PLAT NO. 43-41, according to the recorded plat thereof, south to the
northerly line of the former Railroad right of way. The portion of said MONTANA STREET NORTHWEST as
shown on this plat prepared by the County Surveyor of McLeod County, Minnesota, is hereby certified as the
Official Plat pursuant to Minnesota Statutes Chapter 505.1792.
Whereas, the Planning Commission met on June 15, 2010, and considered the effects of the proposal on the
health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions,
and the effect on values of properties in the surrounding area and consistency with the Comprehensive Plan, and
hereby recommends approval of the request.
The City Council has considered the recommendation and findings of the Planning Commission and hereby
does recommend approval of the preliminary and final plat subject to the following findings and conditions:
1. The platted roadway meets the subdivision's standards for new roadways in the City Code.
2. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of approval
Adopted by the City Council this 22nd day of June, 2010.
ATTEST:
Gary D. Plotz
City Administrator
Steven W. Cook
Mayor
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DIRECTORS REPORT PLANNING DEPARTMENT
To: Hutchinson Planning Commission
From: Brad 1: mans, Dolf Moon, Dave Huns,tad, Miles Seppelt,, Patrick Brama, Jean
Ward, Judy Flemming, John Webster, John Olson, Lenny Rutledge, Kyle
Di ern ler, Kent Exner, John Paulson, Mark Schnobfich, Marc Sebora, Gary Plot z,
Jeremy Carter, Jim. Popp, Dan Hastert, Dick Nagy, Dan ochum and Bonnie
Baumetz (Persons in attendance at Planning Staff Meeting In bold)
Date-. June 3, 2010, for June 15, 2010, Planning Commission Meeting
Application: PRELIMINARY AND FINAL PLAT 66 RIGHT OF WAY PLAT NO. 12"
Applicant'. City of Hutchinson
PRELD41NARY AND FINAL PLAT
The plat will is designating the definite location of Montana Street NW right of way.
Existing Zoning:
Property Location:
GENERAL INFORMATION
I/C (industrial Commercial)
Between Les Kouba Parkway N W and Th ird Aver ue N W and between
HL11chinson Mane fa.cturing to the west and prop eqy owned by Gus Wurdell to
the cast
Lot Size: .67 acres (0)3
Preliminary and Final plat
Right of Way Plat No. 12
Planning Commission - 6-15-10
Page 2
Existing Land Use:
Adjacent Land Use
And Zoning:
Comprehensive
Land Use Plan:
Zoning History:
Applicable
Regulations:
Analysis and
Recommendations:
Street
1 -1 (Light Industrial), C -5 (Conditional Commercial) and R- l(Single Family
Residential/Gopher Campfire)
The street runs through proposed industrial area.
n/a
Sections 153.35 — 153.51, City Code
The request to plat is for the purpose of providing a street right of way to designate the location of
Montana Street NW. Staff recommends approval of the plat with the following recommendations and
findings:
1. The platted roadway meets the subdivisions standards for new roadways in the City Code.
2. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval
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Marc A. Sebora, City Attorney
Office of the City Attorney 111 Hassan street SE
Hutchinson, MN 55350 -2522
320 - 587- 5151/F¢a 320 - 234 -4201
Memorandum
To: Hutchinson City Council Members
From: Marc A. Sebora, City Attorney
RE: Park Elementary Lease
Date: June 17, 2010
In January of 2008 the City of Hutchinson and the Independent School District 4423 entered into
a lease whereby the City leased North Park (the land surrounding Park Elementary School) to the
school district for the days and hours that Park Elementary was being used by students. This was
done to give legal authority to the school district to prevent harassment of students by certain
individuals who would be in the Park for the purpose of harassing or intimidating students during
the school day, rather than having to resort to calling the police every time a student was
threatened by a third party.
This lease actually had expired in June of 2009, but the school district has approached the City
about entering into the lease again. As I mentioned, the lease is only applicable during the days
and hours that students are attending Park Elementary School and the lease requires insurance to
be in place to protect the City from any potential claims. The lease would run from July 1, 2010,
through June 30, 2012.
I recommend approval.
— Printed on recycled paper —
Lease
This lease agreement is made and entered into this 14th day of January, 2008, by and
between the City of Hutchinson a Minnesota municipal corporation (Lessor) and
Independent School District #423 (Lessee).
Whereas, Lessee operates an elementary school adjacent to the leased premises; and,
Whereas, Lessee currently utilizes the leased premises for the purposes of conducting
educational and school related activities; and,
Whereas, from time to time school personnel have intervened in situations involving
students and members of the general public for the purposes of protecting students; and,
Whereas, as currently structured, Lessee, its administrators and other personnel have
limited authority to prevent undesirable interaction between students and the public
during school hours because the leased premises is owned by the City; and,
Whereas, it is the desire of the Lessor and Lessee to ensure the safety of students at the
school and, by leasing the premises, school personnel would have authority over third
parties that are on the premises,
Therefore, for one dollar ($1.00) and other good and valuable consideration, the parties
agree as follows:
Leased premises. The Lessor, in consideration of all the conditions, and some premises
contained herein does hereby lease to the Lessee the following described property in the
City of Hutchinson, McLeod County, Minnesota:
North Park excepting therefrom the North 412.5 feet of the South 478.5 feet of the East
264 feet, South Half City of Hutchinson
Lessee's Use of the Leased Premises. The Lessee agrees that the leased premises shall
be used only for those uses commonly associated with the education of students. Such
uses shall include, but not be limited to, recess, physical education classes, scientific and
other experiments and other educational uses.
Hours of Use. Lessee agrees that they shall have the ability to operate under the terms of
and for the purposes of this lease between the hours of 7:00 a.m. and 4:00 p.m. each day
that school is in session. Additionally, these terms are applicable one hour preceding and
following school activities outside the normal hours of operation.
Exclusive Use. Lessor agrees that Lessee shall have the exclusive use of the leased
premises during the hours mentioned above. Lessee agrees, however, that it will use
sound discretion in restricting the use of the leased premises by members of the general
(V Ct-
public. Both parties recognize that the Lessee shall have the ability to limit the use of the
leased premises by third parties during the above - stated hours.
Subleases. The parties agree that the Lessee does not have the ability to sublease the
premises to third parties.
Term. The term of this lease shall be from the last date signed below until June 30,
2012, unless terminated earlier by the parties.
Improvements. Lessee shall not make improvements to the leased premises without the
permission of the Lessor. All improvements so made shall become the property of the
Lessor.
Termination. This lease may be terminated for any reason by either party by giving the
other a 90 day notice of its intention to do so.
Insurance. Lessee shall have in full force and effect a policy of liability insurance for
the full term of this lease naming the Lessor as an additional injured in an amount of not
less than $1,200,000.00. The Lessee shall provide a certificate of said insurance policy at
the time this lease is entered into.
Independent School District #423
C
Date
City of Hutchinson
IC
117A
Date
(, (c)
,
Short Term 3.2 Malt Liquor
Fee: $125.00
111 Hassan Street Southeast
Hutchinson, MN 55350
(320) 587- 5151/Fax: (320) 234 -4240
City of Hutchinson
APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE
In provisions of the City of Hutchinson Municipal Code Chapter 112
All applications must be received at least 10 days before City Council Meeting in order to be considered
Applicant Information
[4 44 d Ce 4 c'4
r'oJ�j 3z- SP7 -,7r-
Busines gganiza on ame/_ �l
Uvnu� u,'f'cK
Phone Number
/' �• °Jt' /zfZ—
G r�l,' //! / //r _ —tea
Business/Organization Address
City State Zip
T e ofBusinesslOrganization
Applicant Name
�/o2of(¢�O.rs
Phone Number
ifcAc�l,'nSd1 _ �S�f
Applicant Address
city State zip
Office s Owne s of a Organization/Business (V necessary,
, list additional names on se orate sheet
Title
/Name
SCO -��' JC7'ia�jPq/Jx,'er
I 1
(/t'Ce f�SiO�n,1
Name
Title
%ay,� y/',r
Name
Title
3.2 Malt Li uor Sales Information
fee` ( .r><�r�4.,d &hr-x-sk'd /d- IV,,-e6ea Ar_z, 4zz.
Location ojSales Z Dates) of Sales
%Z ail
ddre„ gs, , Contact Person
to be completed and/or attached in order for the application to be processed:
Application fee paid in full (check or money order): Oyes ❑ no
in full and
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those
certain premises in the City of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21
years; that he /she is proprietor of this establishment for which the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of
said applicant or any interest therein. l.0 ca
City of Hutchinson
Application for ShortTerm 3.2 ,Nah
Liquor License — On -Sale
Page 2 of 2
That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and
hereby agrees to observe and obey the same.
Each Applicant further states that he /she is not now the holder of, nor has he /she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to
lill approved ❑ denied /Notes:
Police
ct _"?a /O
Dale
Gi--
Date
MI
r/ l,�%
III Hassan Street Southeast
Hutchinson, MN 55350
(320) 587-5151 /Fax: (320) 234-4240
Short Term 3.2 Malt Liquor
Fee: $100.00
City of Hutchinson
APPLICATION FOR SHORT TERM 3.2 MALT LIQUOR LICENSE — ON SALE
In provisions of the City of Hutchinson Municipal Code Chapter 112
All applications must be received at least 10 days before City Council Meeting in order to be considered
Applicant Information gk ah;q6-rn
89
02o-,23U-097
_
✓ Business /Organization Name
Phone Number
n �/ J'YO/A
Business /Organization Address
A Li/i'1S/Jn 4e�jl 6
City State Zip
NO,-? -0,- 617 f
T e o Business /Or anization
— tileaan 67lizahem A_116� soh
32Q-291p'S(o��
� Applicant Name
Phone Number
X39 E%uu/ gd,sw
f /LiiraSOh lk v/ 5535o
Applicant Address
_
city State Zi
Officer(s)/Owner(s) of the Or anizationd3usiness (if necessary,
list additional names on separate sheet
tI25nr) Ae�, -oh
ifPerir>GClomm #ec Cha/r-
Name
lla l of en Ae A-_rsd n
Title
Nepf/%l p /jam iv I'h(loe Kee t Mt
��—
Name
Title
�P X�51s rl l�
t
j Name
Title
3.2 Malt Liquor Sales Information
�JirsOnin /GW,i/ 1' 'VPrPar,e t/�iti jo- 3/, 'v0/b
Location of Sales Date(s) of Sales
/ao 3 /�5 <06,b L P1cw ( Ntnl /�lPor?n afa�S6 p_J
Address Contact Person
items need to be completed and/or
Application fee paid in full (check or money order):
LO Yes ❑ no
❑ no
to he processed:
The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON" those
certain premises in the City of Hutchinson described above and to that end represents and state as follows:
That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21
years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted.
That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of
said applicant or any interest therein. / - (e)
Ciry of Hutchinson
Application for Short Term 3.2 Malt
Liquor License —On -Sale
Page 2 of 2
That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the
ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and
hereby agrees to observe and obey the same.
Each Applicant further states that he/she is not now the holder of, nor has he /she made application for, nor does he intend to
make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor.
I declare that the information I have provided on this application is truthful, and 1 authorize the City of Hutchinson to
investigate the information submitted.
Signature ofaGthorized applicant
*approved ❑ denied Notes:
Police
4/'%o27,a0 /d
Date
Date
& (-e)
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
John Olson, Public Works Manager
RE: Consideration for Approval of Amendment to Mn/DOT Agreement No. 91425 —Grant
Agreement for Airport Improvement
DATE: June 22, 2010
This amendment to the above described agreement is necessary to extend the term effective date from June 30, 2009
to June 30, 2012. This documentation will allow the City to receive all reimbursements For the 2007 Airport layout
Plan update.
We recommend that the attached Agreement Amendment be approved.
cc: Gary Plou, City Administrator
v «0
Ibf
1 hN
Minnesota Department of Transportation
Office of Aeronautics
Mail Stop 410
222 East Plato Boulevard
Saint Paul, MN 55107 -1618
May 25, 2010
Mr. John Olson, Public Works Superintendent
City of Hutchinson
1400 Adams St. SE
Hutchinson, MN 55350
Subject: Hutchinson Municipal Airport
S.P. 430422; Agreement Number 91425
AIP 3- 27- 0042 -07 -07
State Funding Agreement
Mr. Olson:
Phone: 651-234-7200
Fax:651- 234 -7261
Enclosed for the City's consideration are 4 copies of Amendment Number 1 to the above
mentioned Grant Agreement for Airport Improvement. The State Agreement has expired; this
amendment extends the expiration date to June 30, 2012. No payments can be submitted until the
amendment is finalized. Please arrange for the appropriate signature's and return to me ASAP
If you have questions please call or e-mail.
Sincerely,
Don Berre
Regional Airport Engineering Specialist
651.234.7249
don.berre@state.mn.us
UK)
An equal 0000rtunity emolover
Rev. 1/07
AMENDMENT NUMBER 1
Mn/DOT Agreement No. 91425
This Amendment is by and between the state of Minnesota acting through its Commissioner of Transportation
( "State "), and the City of Hutchinson ( "Recipient').
The State and Recipient have an agreement, identified as Mn/DOT Agreement No. 91425 ( "Original
Agreement "), to provide for SP 4304 -22 Update Airport layout Plan.
The Original Agreement is being amended to extend the term of the agreement effective date.
NOW, THEREFORE, it is agreed as follows:
Article One of the Original Agreement states that the agreement will remain in effect until June 30, 2009 and the
parties deem it necessary to extend the agreement expiration date until June 30, 2012.
Except as amended and modified above, the Original Agreement and its Amendment(s) will remain in full force
and effect. The Original Agreement and its Amendment(s) will be deemed to have been continually in force
without interruption from August 3, 2007 to June 30, 2012.
Page 1 of 2 f ,, .{/-�-\
lY�`J\
State Encumbrance Verification
Individual certifies that �funds have been encumbered as required by Minn. Stat. §§ 16A.15 and 160.05.
By:'12 fi'�t�-' &L
Date:
MAPS Order No: 1; U — �2 !
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, charter provisions or ordinances.
By:
Title:
Date:
By:
Title:
Date:
Commissioner, Minnesota Department of Transportation
By:
Director, Office of Aeronautics
Date:
Mn/DOT Contract Management
as to form & execution
w
Date:
Page 2 of 2 l -\
Rev. #1, 7/06 Mn/DOT Agreement No. 91425
State Project No. 4304-22
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
This Agreement is by and between the State of Minnesota acting through its Commissioner of Transportation ( "State "), and the
City of Hutchinson ( "Recipient ").
WHEREAS, the Recipient desires the financial assistance of the State for an airport improvement project ('Project ") as described
in Article 2 below; and
WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 (subdivisions 13 & 14) and 360.305 to provide
financial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance of airports and
other air navigation facilities; and
WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airport
improvement Project.
NOW, THEREFORE, it is agreed as follows:
1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect until .tune 30, 2009.
2. The following table provides a description of the Project and shows a cost participation breakdown for each item of work:
Item Descriolion Federal Share
State Share
Local Shar e
Update Airport Layout Plan 95%
0%
100%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
0%
3. The Project costs will not exceed $30,000.00. The proportionate shares of the Project costs are: Federal: $28300.00, State:
$0.00, and Recipient: $1500.00. Federal funds for the Project will be received and disbursed by the State. In the event federal
reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such federal funds an
amount not to exceed the state funds advanced for this Project. No funds are committed under this Agreement until they are
encumbered by the State. No more than 95% of the amount due under this Agreement will be paid by the State until the State
determines that the Recipient has complied with all terms of this Agreement, and furnished all necessary records.
4. The Recipient will designate a registered engineer (the "Project Engineer ") to oversee the Project work. If, with the State's
approval, the Recipient elects not to have such services performed by a registered engineer, then the Recipient will designate
another responsible person to oversee such work, and any references herein to the "Project Engineer' will apply to such
responsible person.
5. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project, which
are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes in the plans
or specifications of the Project after the date of this Agreement will be valid only if made by written change order signed by the
Recipient, the Project Engineer, and the contractor. Change orders must be submitted to the State. Subject to the availability of
funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costs of qualifying
change orders.
6. The Recipient will make payments to its contractor on a work - progress basis. The Recipient will submit requests for
reimbursement of certified costs to the State on state - approved forms. The State will reimburse the Recipient for the state and
federal shares of the approved Project costs.
At regular intervals, the Recipient or the Project Engineer will prepare a partial estimate in accordance with the terms of th
contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no later an
Page 1 of 4 ('t - 1
one month after the work covered by the estimate is completed. The Project Engineer and the contractor must certify that each
partial estimate is true and correct, and that the costs have not been included on a previous estimate.
b. Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordance with
the terms of the contract, special provisions, and standard specifications for the Project(s).
c. Following certification of the partial estimate, the Recipient may request reimbursement from the State for costs eligible for
federal and state participation. A copy of the partial estimate must be included with the Recipient's request for payment.
Reimbursement requests and partial estimates should not be submitted if they cover a period in which there was no progress
on the Project.
d. Upon completion of the Project(s), the Recipient will prepare a final estimate in accordance with the terms of the contract,
special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient,
Project Engineer and the contractor.
e. Following certification of the final estimate, the Recipient will make final payment to the contractor in accordance with the
terms of the contract, special provisions, and standard specifications for the Project(s).
f. Following certification of the final estimate, the Recipient may request reimbursement from the State for costs eligible for
federal and state parficipation. A request for final payment must be submitted to the State along with those project records
required by the State.
7. For a Project which involves the purchase of equipment, the Recipient will be reimbursed by the State in one lump sum after the
Recipient: (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proof of payment to
the Slate, and (3) a certificate that the equipment is not defective and is in good working order. The Recipient will keep such
equipment, properly stored, in good repair, and will not use the equipment for any purpose other than airport operations.
8. If the Project involves force - account work or project donations, the Recipient must obtain the written approval of the State
and Federal Aviation Administration (FAA). Force - account work performed or project donations received without written
approval by the State will not be reimbursed under this Agreement. Force - account work must be done in accordance with the
schedule of prices and terms established by the Recipient and approved by the State.
9. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (g) (1), the Recipient will operate its airport as a licensed,
municipally -owned public airport at all times of the year for a period of 20 years from the date the Recipient receives final
reimbursement under this Agreement- The Airport must be maintained in a safe, serviceable manner for public aeronautical
purposes only. The Recipient will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real or
personal property, which is purchased or improved with State aid funds without prior written approval from the State. If the State
approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the State may place on
such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement.
10. This Agreement may be terminated by the Recipient or State at any time, with or without cause, upon ninety (90) days written
notice to the other party. Such termination will not remove any unfulfilled financial obligations of the Recipient as set forth in this
Agreement. In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expenses incurred for
work satisfactorily performed on the Project up to the date of termination. The State may immediately terminate this Agreement if
it does not receive sufficient funding from the Minnesota Legislature or other funding source, or such funding is not provided at a
level sufficient to allow for the continuation of the work covered by this Agreement. In the event of such termination, the
Recipient will be reimbursed for work satisfactorily performed up to the effective date of such termination to the extent that funds
are available. In the event of any complete or partial state government shutdown due to a failure to have a budget approved at the
required lime, the State may suspend this Agreement, upon notice to the Recipient, until such govemment shutdown ends, and the
Recipient assumes the risk of non - payment for work performed during such shutdown.
t L Pursuant to Minnesota Rules 8800.2500, the Recipient certifies that (1) it presently has available sufficient unencumbered funds to
pay its share of the Project; (2) the Project will be completed with(,ut undue delay; and (3) the Recipient has the legal authority to
engage in the Project as proposed.
12. Pursuant to Minnesota Statutes Section 16C.05, subdivision 5, the Recipient will maintain such records and provide such
information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, or the State
Auditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreement for
Page 2 of 4 W ( \"—)
a minimum of six years after the expiration of this Agreement.
13. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited to,
its costs and attorneys' fees arising out of the Project which is the subject of this Agreement.
14. The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate, either
directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or debarred
from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or debarred party
acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This restriction does not
prevent the Recipient from utilizing these funds to pay any party who might be disqualified or debarred, after the Recipient's
contract award on this Project.
15. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment
opportunity requirements of Minnesota Statutes Section 181.59.
16. The amount of this Agreement is limited to the dollar amounts as defined in Article 3 above. Any costs incurred above the amount
obligated by the State is done without any guarantee that these costs will be reimbursed in any way. A change to this Agreement will be
effective only if it is reduced to writing and is executed by the same parties who executed this Agreement, or their successors in office.
17. For projects that include consultant services, the Recipient and its consultant will conduct the services in accordance with the work
plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office of Aeronautics.
The work plan is incorporated into this Agreement by reference. The Recipient will confer on a regular basis with the State to
coordinate the design and development of the services.
18. The parties must comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a party
pursuant to this Agreement.
l9. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement. Venue for all legal proceedings arising out
of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in Ramsey County,
Minnesota.
20. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to, Title
14 Code of Federal Regulations, subchapter 1, part 151; and Minnesota Rules Chapter 8800.
21. For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and state laws,
rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the project in
accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws.
22. Under this Agreement, the Sate is only responsible for receiving and disbursing federal and state funds. Nothing in this
Agreement will be construed to make the State a principal, co- principal, partner, or-joint venturer with respect to the Project(s)
covered herein. The State may provide technical advice and assistance as requested by the Recipient, however, the Recipient will
remain responsible for providing direction to its contractors and consultants and for administering its contracts with such entities.
The Recipient's consultants and contractors are not intended to be third party beneficiaries of this Agreement.
Page 3 of 4
State Encumbrance Verification
Individual certifi that nds It vc be /en a mbered as required by Minn. Stat. §§ 16A.15 and 160.05.
By: 4 -�-
/ � "-
Dale: /C ?-, .
MAPS Cfrder No:
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, charter provisions or ordinances. _ A
By: �
even COO
Title: Mayor
Date:
07/10/2007
By: ar g
Title: City Administrator
Date:
M
07/10/2007
Date: L- `0
MNDOT Contract Management
as L&'Forna & execution
By:
Date:�T y {
of Transportation
.. Page 4 of 4 ���
RESOLUTION NO. 13234
AUTHORIZATION TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION GRANT AGREEMENT
FOR AIRPORT IMPROVEMENT EXCLUDING LAND ACQUISITION
It is resolved by the City of Hutchinson as follows:
1) That the State of Minnesota Agreement No. 91425, 'Grant Agreement for Airport
Improvement Excluding Land Acquisition" for State Project No. 4304 -22 at the Hutchinson
Municipal Airport Is accepted.
2) That the Mayor and City Administrator are authorized to execute thls Agreement and any
amendments on behalf of the City of Hutchinson.
Adapted by the Hutchinson City Council this 10th day of July, 2007.
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF ; I
I certify that the above Resolution is a true and correct copy of the Resolution adopted by the
Hutchinson City Council at an authorized meeting held on the 10th day of July, 2007, as shown by the
minutes of the meeting in my possession.
Notary Public:
•. ��1..,�.t
i gig
e: .!1
My Commission Expires:
P:N/Jv
MELISSA A. STARKE
(SE NOTARY PUSIJC- iMNNESOTA
My Comm. Exp, Jan. 31, 2011
ry- 'dr'('JWYdlY'
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
John Paulson, Environmental Specialist
RE: Consideration for Approval of Site Lease Agreement with Midwest Wireless
Communications L.L.C.
DATE: June 22, 2010
The attached Site Lease Agreement and Memorandum of Site Lease Agreement are a renewal of an existing
telecommunication tenant on the South Park water tower. This agreement format and fee structure is per the
Telecommunication Study and corresponding procedure completed approximately a year ago. Also, the City
Attorney has assisted in the preparation of these documents.
We recommend that the attached Agreement be approved.
cc: Gary Plotz, City Administrator
MAP
SITE LEASE AGREEMENT
THIS SITE LEASE AGREEMENT ( "Lease "), made this 22nd day of
June 20 10 (the "Effective Date ") between the City of Hutchinson, a Minnesota
municipal corporation ( "Landlord "), and Midwest Wireless Communications L.L.C., a Delaware
limited liability company ( "Tenant").
For good and valuable consideration, the parties agree as follows:
Prior Terminated Agreement. Effective January I, 2010, Landlord and Tenant agree
that this Lease replaces the Site Lease Agreement (South Park Water Tower) between
Landlord and Tenant's predecessor in interest dated April 25, 1994, as amended by the
April 24, 1999, Addendum to Site Lease Agreement (South Park Water Tower),
referenced by Tenant as Contract #NG 92787 (collectively, the "rerminated Agreement ").
Landlord and Tenant acknowledge that notwithstanding the termination of the Terminated
Agreement and the commencement of this Lease, Tenant may continue to make, and
Landlord may continue to receive, rental and other payments pursuant to the Terminated
Agreement. In such event, any rental or other payments made pursuant to the Terminated
Agreement for any period after its termination date (December 31, 2009) shall be applied
and credited against any rentals or other payments due under this Lease.
Leased Premises. Subject to the terms and conditions of this Lease, Landlord hereby
leases to Tenant and Tenant leases from Landlord a portion of Landlord's property (the
"Property"), consisting of approximately 550 square feet, located at 200 2°d Avenue
Southwest, in the City of Hutchinson, County of McLeod, State of Minnesota, legally
described in Exhibit A attached hereto, subject to any and all existing easements, and a
portion of the Hutchinson Water Tower or other structures ( "Structure "), located as shown
in Exhibit B attached hereto, together with a non - exclusive easement for access thereto
and for adequate utility services, including sources of electric and telephone facilities
( "Leased Premises ").
2. Rent.
(a) Amount, Adjustments. As consideration for this Lease, Tenant shall pay Landlord an
annual rent in the amount of Fifteen Thousand and No /100 Dollars ($15,000.00) for the
initial year commencing January 1, 2010, which shall be increased each subsequent year
on January 1 by two percent (2 %) of the previous year's annualized rental.
(b) Time of Payment. The annual rental shall be paid before January 1 of each year. For
2010, the annual rental (minus any rental or other payments made pursuant to the
Terminated Agreement for any period after December 31, 2009) shall be paid to Landlord
within forty (40) days of full execution of this Lease.
(c) Taxes. In addition to the annual rental, Tenant shall have the responsibility to pay any
personal property, real estate taxes, assessments, or charges owed on the Property which
Landlord demonstrates is the result of Tenant's use of the Leased Premises and/or the
installation, maintenance, and operation of the Tenant's improvements, and any sales tax
MN07 Hutchinson Page I of 18
Site Lease Agreement
I
5084 16v3 r _ ' \
U!'� \ny \J
imposed on the rent (except to the extent that Tenant is or may become exempt from the
payment of sales tax in the jurisdiction in which the Property is located), including any
increase in real estate taxes at the Property which Landlord demonstrates arises from the
Tenant's improvements and /or Tenant's use of the Leased Premises. Landlord and Tenant
shall each be responsible for the payment of any taxes, levies, assessments and other
charges imposed including franchise and similar taxes imposed upon the business
conducted by Landlord or Tenant at the Property. Notwithstanding the foregoing, Tenant
shall not have the obligation to pay any tax, assessment, or charge that Tenant is disputing
in good faith in appropriate proceedings prior to a final determination that such tax is
properly assessed provided that no lien attaches to the Property. Nothing in this Paragraph
shall be construed as making Tenant liable for any portion of Landlord's income taxes in
connection with any Property or otherwise. Except as set forth in this Paragraph,
Landlord shall have the responsibility to pay any personal property, real estate taxes,
assessments, or charges owed on the Property and shall do so prior to the imposition of
any lien on the Property.
Tenant shall have the right, at its sole option and at its sole cost and expense, to appeal,
challenge or seek modification of any tax assessment or billing for which Tenant is wholly
or partly responsible for payment. Landlord shall reasonably cooperate, to the extent
allowed under applicable law, with Tenant at Tenant's expense in filing, prosecuting and
perfecting any appeal or challenge to taxes as set forth in the preceding sentence,
including but not limited to, executing any consent, appeal or other similar document. In
the event that as a result of any appeal or challenge by Tenant, there is a reduction, credit
or repayment received by the Landlord for any taxes previously paid by Tenant, Landlord
agrees to promptly reimburse to Tenant the amount of said reduction, credit or repayment.
In the event that Tenant does not have the standing rights to pursue a good faith and
reasonable dispute of any taxes under this paragraph, Landlord will pursue such dispute at
Tenant's sole cost and expense upon written request of Tenant.
3. Governmental Approval Contingency.
(a) Tenant Application. Tenant's right to use the Leased Premises is expressly made
contingent upon its obtaining all the certificates, permits, zoning and other approvals that
may be required by any federal, state, or local authority. Without waiving any right,
power or duty to enforce any applicable municipal regulation or law, including any
applicable zoning requirement, Landlord shall cooperate with Tenant in its efforts to
obtain and retain such approvals and shall advise Tenant of any pending or proposed
Landlord actions which would adversely affect the status of the Leased Premises with
respect to the Tenant's proposed use thereof.
(b) Non - approval. In the event that any application necessary under Subparagraph 3(a)
above is finally rejected or any certificate, permit, license, or approval issued to Tenant is
cancelled, expires, lapses, or is otherwise withdrawn or terminated by governmental
authority so that Tenant, in its sole discretion, will be unable to use the Leased Premises
for its intended purposes, Tenant shall have the right to terminate this Lease and be
reimbursed for any rental pre- payment if made pursuant to the terms hereof. Notice of
Tenant's exercise of its right to terminate shall be given to Landlord in writing by certified
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mail, return receipt requested, and shall be effective upon receipt of such notice by
Landlord as evidenced by the return receipt. Except as required under Subparagraph
II(d) below and except as otherwise provided in this Lease, upon such termination, this
Lease shall become null and void and the parties shall have no further obligations to each
other.
4. Term and Renewals. The "Initial Term" of this Lease shall be for five (5) years
commencing on January 1, 2010 (the "Commencement Date "), and ending on December
31, 2014. Subject to the terms and conditions of this Lease, the Lease will automatically
extend for three (3) additional five (5) year renewal periods ( "Renewal Term ")
commencing on January I following the expiration date of the Initial Term or of any
subsequent Renewal Term.
This Lease shall automatically renew at the end of the Initial Term or any Renewal Term
unless Tenant sends written notice to Landlord of Tenant's election not to renew at least
ninety (90) days prior to the expiration of the Initial Term or any Renewal Term. The
Initial Term and all Renewal Terms shall be collectively referred to herein as the "Term ".
5. Tenant's Use.
(a) User Priority. Tenant agrees that the following priorities of use, in descending order,
shall apply in the event of communication interference, emergency public safety needs, or
other conflict while this Lease is in effect, and Tenant's use shall be subordinate
accordingly: existing equipment/structures of Landlord or third parties as of April 25,
1994.
(b) Purposes. Tenant shall use the Leased Premises only for the purpose of installing,
maintaining, and operating a Landlord- approved communications antenna facility,
equipment, cabinets and an accessory building, and uses incidental thereto for providing
radio and wireless communication services which Tenant is legally authorized to provide
to the public. This use shall be non - exclusive, and Landlord specifically reserves the right
to allow the Structure and Property to be used by other parties and to make additions,
deletions, or modifications to its own facilities on the Property as long as such uses and
additions, deletions, or modifications do not interfere with Tenant's then existing use.
Tenant's communications antenna facility shall consist of antennas at a Landlord -
approved location, along with cables and appurtenances connected to an accessory
building or cabinet located on the Leased Premises ( "Antenna Facilities "). Tenant shall
comply with all applicable ordinances, statutes and regulations of local, state and federal
government agencies.
(c) Construction. Tenant may erect and operate an antenna array in accordance with the
drawing attached as Exhibit B. Tenant agrees that is will install only antennas that Tenant
knows will not interfere with existing antennas or with antennas with higher priority, and
Tenant must be willing, if necessary, to demonstrate that the Structure can structurally
support the additional antennas. The cost of any necessary evaluation must be carried out
by a qualified professional retained by Tenant and approved by Landlord, and must be
paid by the Tenant within thirty (30) days after receiving written notice of the cost.
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(d) Overatio n. Tenant shall have the right, at its sole cost and expense, to operate and
maintain the Antenna Facilities on the Leased Premises in accordance with good
engineering practices, with all applicable FCC rules and regulations. Without waiving
any right, power or duty to enforce any applicable municipal regulation or law, including
any applicable zoning requirement, Tenant's installation of all Antenna Facilities shall be
done according to plans approved by Landlord, which approval shall not be unreasonably
withheld, conditioned or delayed. Any damage done to the Leased Premises or other
Landlord property including the Structure during installation or during operations shall be
repaired at Tenant's expense within thirty (30) days after notification of damage, provided
Tenant shall have such extended period as may be required beyond the thirty (30) days if
the nature of the repair is such that it reasonably requires more than thirty (30) days and
Tenant commences the repair within the thirty (30) day period and thereafter continuously
and diligently pursues the repair to completion. Landlord may not maintain any action or
effect any remedies against Tenant unless and until Tenant has failed to repair the
damages within the time periods provided in this Paragraph. The Antenna Facilities shall
remain the exclusive property of the Tenant, unless otherwise provided in this Lease.
(e) Maintenance. Improvement Expenses. All modifications to the Leased Premises and
all improvements made for Tenant's benefit shall be at the Tenant's expense and such
improvements, including antenna, facilities and equipment, shall be maintained in a good
state of repair, at least equal to the standard of maintenance of the Landlord's facilities on
or adjacent to the Leased Premises, and secured by Tenant. If any additional Antenna
Facilities are mounted on the Structure they shall, at all times, be painted, at Tenant's
expense, the same color as the Structure.
(f) Replacements. Before the Tenant may update or replace the Antenna Facilities, Tenant
must notify and provide a detailed proposal to Landlord's City Administrator. Tenant
shall submit to the City Administrator a detailed proposal for any such replacement
facilities and any other information reasonably requested by the City Administrator of
such requested update or replacement, including but not limited to a technical study,
carried out at Tenant's expense. Without waiving any right, power or duty to enforce any
applicable municipal regulation or law, including any applicable zoning requirement, the
City Administrator may not unreasonably withhold, condition or delay the approval,
which shall be given as a written consent. In the event the City Administrator does not
either (i) object to the plans in writing or (ii) furnish the Tenant with written consent,
within fifteen (15) days of the date of submission of the plans, the City Administrator will
be deemed to have approved them.
(g) No Interference. Tenant shall, at its own expense, maintain any equipment on or
attached to the Leased Premises in a safe condition, in good repair and in a manner
suitable to Landlord so as not to conflict with the use of the surrounding premises by
Landlord. The operation of Tenant's equipment shall not unreasonably interfere with the
then existing operation of the equipment of another tenant that is being operated in
compliance with industry standards and applicable law, and, subject to Paragraph 14(a)
and the following relocation provision, shall not interfere with the working use of the
water storage facilities thereon or to be placed thereon by Landlord.
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1508416v3
Landlord shall not place additional water storage facilities on the Structure or Property
that will harmfully interfere with Tenant's use of the Leased Premises, provided that
Landlord, on one (1) occasion, may relocate Tenant to another location on the Landlord's
Property or Structure (herein referred to as the "Alternate Property"), provided:
(i) the Alternate Property is similar to Tenant's current Leased
Premises in size and is compatible for Tenant's use in Tenant's sole
discretion;
(ii) Landlord shall pay all costs incurred by Tenant for relocating
Tenant's equipment from the Leased Premises to the mutually agreeable
site and improving the Alternate Property so that the Alternate Property is
substantially similar to the original Leased Premises, including all costs
incurred to obtain all of the certificates, permits and other approvals that
may be required by any Federal, State or Local authorities as well as any
satisfactory soil boring tests which will permit Tenant use of the Alternate
Property as set forth herein;
(iii) Landlord shall give Tenant at least six (6) months written notice
before requiring Tenant to relocate; and
(iv) Tenant's service will not be interrupted, and Tenant shall be
allowed if necessary to place a temporary cell site and antenna structure on
Landlord's Property during relocation.
(h) Access. Tenant, at all times during this Lease, shall have access to the Leased
Premises in order to install, operate, and maintain its Antenna Facilities. Tenant shall
have access to the Structure only with the approval of Landlord Tenant shall request
access to the Structure twenty-four (24) hours in advance, except in an emergency, and
Landlord's approval thereof shall not be unreasonably withheld, conditioned or delayed.
(i) Payment of Utilities. If permitted by the local utility company servicing the Leased
Premises, Tenant shall fumish and install an electrical sub -meter on the Property for the
measurement of electrical power used by Tenant's installation. In the event such sub -
meter is installed, the Tenant shall pay the utility directly for its power consumption, if
billed by the utility, and if not billed by the utility, then the Tenant shall pay the Landlord
thirty (30) days after receipt of an invoice from Landlord indicating the usage amount
based upon Landlord's reading of the sub - meter. All invoices for power consumption
shall be sent by Landlord to Tenant at "Verizon Wireless, c/o First Energy, PO 182727,
Columbus, OH 43218- 272T'. Tenant shall be permitted at any time during the term, to
install, maintain and/or provide access to and use of, as necessary (during any power
interruption at the Leased Premises), a temporary power source, and all related equipment
and appurtenances within the Leased Premises, or elsewhere on the Property in such
locations as reasonably approved by Landlord. Tenant shall have the right to install
conduits connecting the temporary power source and related appurtenances to the Leased
Premises.
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6. Emergency Facilities. In the event of a natural or man made disaster, in order to protect
the health, welfare, and safety of the community, Tenant may erect additional Antenna
Facilities and install additional equipment on a temporary basis on the Leased Premises to
assure continuation of service. Such temporary operation shall not exceed ninety (90)
days unless Tenant obtains written approval from the Landlord.
7. Additional Maintenance Expenses. Upon notice from Landlord, Tenant shall promptly
pay to Landlord all reasonable additional Landlord expenses incurred in maintaining the
Leased Premises, including painting or other maintenance of the Structure, that are caused
by Tenant's occupancy of the Leased Premises not to exceed $5,000.00.
8. Defense and Indemnification.
(a) General. Subject to Paragraph 9 below, each party shall indemnify and hold the other
harmless against any claim of liability or loss from personal injury or property damage
resulting from or arising out of the negligence or willful misconduct of the indemnifying
party, its employees, contractors or agents, except to the extent such claims or damages
may be due to or caused by the negligence or willful misconduct of the other party, or its
employees, contractors or agents.
(b) Hazardous Materials. Landlord warrants and agrees that neither Landlord nor, to
Landlord's knowledge, any third party has used, generated, stored or disposed of, or
permitted the use, generation, storage or disposal of, any Hazardous Material (as defined
below) on, under, about or within Landlord's Property in violation of any law or
regulation. Landlord and Tenant each agree that they will not use, generate, store or
dispose of any Hazardous Material on, under, about or within Landlord's Property in
violation of any law or regulation. Landlord and Tenant each agree to defend and
indemnify the other and the other's partners, affiliates, agents and employees against any
and all losses, liabilities, claims and/or costs (including reasonable attorneys' fees and
costs) arising from any breach of any warranty or agreement contained in this paragraph.
For purposes of this Lease, "Hazardous Materials" shall be interpreted broadly and
specifically includes, without limitation, asbestos, fuel, batteries or any hazardous
substance, waste, or materials as defined in any federal, state, or local environmental or
safety law or regulations including, but not limited to, CERCLA.
The obligations of this Paragraph 8 shall survive the expiration or other termination of this
Lease.
9. Insurance.
(a) The parties hereby waive and release any and all rights of action for negligence against
the other which may hereafter arise on account of damage to the Leased Premises or to the
Property, resulting from any fire, or other casualty of the kind covered by standard fire
insurance policies with extended coverage, regardless of whether or not, or in what
amounts, such insurance is now or hereafter carried by the parties, or either of them.
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These waivers and releases shall apply between the parties and they shall also apply to any
claims under or through either party as a result of any asserted right of subrogation. All
such policies of insurance obtained by either party concerning the Leased Premises or the
Property shall waive the insurer's right of subrogation against the other party.
(b) Landlord and Tenant each agree that at its own cost and expense, each will maintain
commercial general liability insurance with limits not less than $1,000,000 for injury to or
death of one or more persons in any one occurrence and $500,000 for damage or
destruction to property in any one occurrence. Landlord and Tenant each agree that it will
include the other party as an additional insured.
(c) In addition, Landlord shall obtain and keep in force during the Term a policy or
policies insuring against loss or damage to the Tower at full replacement cost, as the same
shall exist from time to time without a coinsurance feature. Landlord's policy or policies
shall insure against all risks of direct physical loss or damage (except the perils of flood
and earthquake unless required by a lender or included in the base premium), including
coverage for any additional costs resulting from debris removal and reasonable amounts
of coverage for the enforcement of any ordinance or law regulating the reconstruction or
replacement of any undamaged sections of the Tower required to be demolished or
removed by reason of the enforcement of any building, zoning, safety or land use laws as
the result of a covered loss, but not including plate glass insurance.
10. Damage or Destruction. If the Leased Premises is destroyed or damaged, without
contributory fault of the Tenant or its agents, so as, in Tenant's judgment, to hinder its
effective use of the Antenna Facilities, Tenant may elect to terminate this Lease upon 30
days' written notice to Landlord. In the event Tenant elects to terminate the Lease, Tenant
shall be entitled to reimbursement of prepaid rent covering the period subsequent to the
date of damage to or destruction of the Leased Premises.
11. Lease Termination.
(a) Events of Termination. Except as otherwise provided herein, this Lease may be
terminated upon sixty (60) days written notice to the other party as follows:
(i) by either party upon a default of any covenant or term hereof by the other
party, which default is not cured within sixty (60) days of receipt of written notice of
default to the other party (without, however, limiting any other rights of the parties
pursuant to any other provisions hereof), provided each party shall have such extended
period as may be required beyond the sixty (60) days if the nature of the cure is such that
it reasonably requires more than sixty (60) days and the party commences the cure within
the sixty (60) day period and thereafter continuously and diligently pursues the cure to
completion. Neither party may maintain any action or effect any remedies for default
unless and until the other party has failed to cure the breach within the time periods
provided in this paragraph;
(ii) by Tenant for cause if it is unable to obtain or maintain any license, permit
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or other governmental approval necessary for the construction and/or operation of the
Antenna Facilities or Tenant's business;
(iii) by Tenant for cause if the Leased Premises is or becomes unacceptable for
technological reasons including without limitation shadowing or interference under
Tenant's Antenna Facilities, design or engineering specifications or the communications
systems to which the Antenna Facilities belong;
(iv) by Landlord, upon one year's prior written notice to Tenant if its Council
decides to discontinue use of the Structure for all purposes;
(v) by Landlord if it determines that the Structure is structurally unsound,
including, but not limited to, consideration of age of the Structure, damage or destruction
of all or part of the Structure on the Property from any source, and subject to Tenant's
right to repair the structure as described in Paragraph 18 below;
(vi) by Landlord if it determines that Tenant has failed to comply with
applicable ordinances, or state or federal law, or any conditions attached to government
approvals granted there under, after a public hearing before the Landlord's Council, and
Tenant has not cured such non - compliance within thirty (30) days of receiving written
notice of the Council's decisions, provided Tenant shall have such extended period as may
be required beyond the thirty (30) days if the nature of the cure is such that it reasonably
requires more than thirty (30) days and Tenant commences the cure within the thirty (30)
day period and thereafter continuously and diligently pursues the cure to completion; or
(vii) provided Tenant is not in default hereunder beyond applicable notice and
cure periods, Tenant shall have the right to terminate this Lease upon the annual
anniversary of the Commencement Date.
(a) Notice of Termination. The parties shall give Notice of Termination in writing by
certified mail, return receipt requested. Such Notice shall be effective upon receipt as
evidenced by the return receipt, or such later date as stated in the Notice. Except as
specifically provided for in this Lease, all rentals paid for the Lease prior to said
termination date shall be retained by Landlord.
(c) Tenant's Liability for Early Termination. If Tenant terminates this Lease other than of
right as provided in this Lease, Tenant shall pay to Landlord as liquidated damages for
early termination, 150% of the annual rent for the year in which Tenant terminates, unless
Tenant terminates during the last year of any Term under Paragraph 4 and Tenant has paid
the annual rental for that year.
(d) Site Restoration. In the event that this Lease is terminated or not renewed, Tenant
shall have 90 days from the termination or expiration date to remove its Antenna
Facilities, and related equipment from the Leased Premises, repair the site and restore the
surface of the Structure. If such time for removal causes Tenant to remain on the Leased
Premises after termination of this Lease, Tenant shall pay rent at the then existing
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monthly rate or on the existing monthly pro -rata basis if based upon a longer payment
term, until such time as the removal of the Antenna Facilities and related equipment is
completed. Subject to Minnesota Statute § 50413.271, in the event that Tenant's Antenna
Facilities, and related equipment are not removed to the reasonable satisfaction of the
Landlord after thirty (30) days notice from Landlord, they shall be deemed abandoned. If
Landlord removes the Antenna Facilities or related equipment, Landlord must give
written notice to any mortgagee of Tenant at the addresses provided, informing them that
Antenna Facilities or related property have been removed and will be deemed abandoned
if not claimed and the storage fees and other reasonable costs paid within thirty (30) days.
12. Limitation of Liability. Except for indemnification pursuant to paragraph 8, neither
party shall be liable to the other, or any of their respective agents, representatives,
employees for any lost revenue, lost profits, loss of technology, rights or services,
incidental, punitive, indirect, special or consequential damages, loss of data, or
interruption or loss of use of service, even if advised of the possibility of such damages,
whether under theory of contract, tort (including negligence), strict liability or otherwise.
13. Public Health and Safety. In the event the Federal Communications Commission makes
a determination which is final and non - appealable or which is affirmed and becomes final
after the exhaustion of all available appeals concluding that the Tenant's use as set forth in
this Lease presents a material risk to the public health or safety, either the Landlord or
Tenant may terminate this Lease upon thirty (30) days notice to the other party. Tenant
shall not interfere with the Property's existing use as a public water storage facility or
harm the water supply.
14. Tenant Interference
(a) With Structure. Tenant shall not interfere with Landlord's use of the Structure for
water storage purposes and agrees to cease all such actions which unreasonably and
materially interfere with Landlord's use thereof no later than thirty (30) days after receipt
of written notice of the interference from Landlord. In the event that Tenant's cessation of
action is material to Tenant's use of the Leased Premises and such cessation frustrates
Tenant's use of the Leased Premises, within Tenant's sole discretion, Tenant shall have
the immediate right to terminate this Lease.
(b) With Higher Priority Users. If Tenant's Antenna Facilities cause impermissible
interference with higher priority users as set forth in under Subparagraph 5(a) above or
with pre- existing equipment or operation thereof of other tenants, Tenant shall take all
measures necessary to correct and eliminate the interference. If the interference cannot be
eliminated within 48 hours after receiving Landlord's written notice of the interference,
Tenant shall immediately cease operating its Antenna Facilities and shall not reactivate
operation, except intermittent operation for the purpose of testing, until the interference
has been eliminated. If the interference cannot be eliminated within thirty (30) days after
Tenant received Landlord's written notice, Landlord may at its option terminate this Lease
immediately, however in no event will Landlord be entitled to terminate this Lease as long
as Tenant is making a good faith effort to remedy the interference issue.
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(c) Interference Study - New Occupants. Upon written notice by Landlord that it has a
bona fide request from any other party to lease an area including or in close proximity to
the Leased Premises ( "Leased Premises Area '), Tenant agrees to provide Landlord, within
sixty (60) days, the radio frequencies currently in operation or known to be operated in the
future of each transmitter and receiver installed and operational by Tenant on the Leased
Premises at the time of such request. Landlord may then have an independent, registered
professional engineer of Landlord's choosing perform the necessary interference studies
to determine if the new applicant's frequencies will cause harmful radio interference to
Tenant. Landlord shall require the new applicant to pay for such interference studies.
(d) Interference - New occupants. Landlord agrees that it will not grant a future lease in
the Leased Premises Area to any party who is of equal or lower priority to Tenant, if such
party's use is reasonably anticipated to interfere with Tenant's operation of its Antenna
Facilities. Landlord agrees further that any future lease of the Leased Premises Area will
prohibit a user of equal or lower priority from interfering with Tenant's Antenna
Facilities. Landlord agrees that it will require any subsequent occupants of the Leased
Premises Area of equal or lower priority to Tenant to provide Tenant these same
assurances against interference. Landlord shall have the obligation to eliminate any
interference with the operations of Tenant caused by such subsequent occupants. If such
interference is not eliminated, Tenant shall have the right to terminate this Lease or seek
injunctive relief against the interfering occupant, at Tenant's expense.
The parties acknowledge that there will not be an adequate remedy at law for
noncompliance with the provisions of this Paragraph 14 and therefore, either party shall
have the right to equitable remedies, such as, without limitation, injunctive relief and
specific performance.
15. Assignment This Lease, or rights there under, may not be sold, assigned, or transferred
at any time by Tenant except to the Tenant's principal, affiliates, subsidiaries of its
principal or to any entity which acquires all or substantially all of Tenant's assets in the
market defined by the Federal Communications Commission in which the Property is
located by reason of a merger, acquisition or other business reorganization. As to other
parties, this Lease may not be sold, assigned, or transferred without the written consent of
the Landlord, such consent not to be unreasonably withheld, conditioned or delayed.
Landlord hereby consents to the assignment by Tenant of its rights under this Lease as
collateral to any entity, which provides financing for the purchase of the equipment to be
installed at the Leased Premises.
16. Condemnation. In the event the whole of the Leased Premises is taken by eminent
domain or a portion of the Leased Premises is taken by eminent domain, Tenant shall
have the right to terminate this Lease as of said date of title transfer, by giving thirty (30)
days' written notice to the Landlord. Without waiving any applicable Landlord power of
eminent domain, in the event of any taking under the power of eminent domain, Tenant
shall not be entitled to any portion of the reward paid for the taking of the leasehold
interest and the Landlord shall receive full amount of such award, and Tenant hereby
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expressly waives any right or claim to any portion thereof. Although all damages,
whether awarded as compensation for diminution in value of the leasehold or to the fee of
the Leased Premises, shall belong to Landlord, Tenant shall have the right to claim and
recover from the condemning authority any and all damage to Tenant's business,
including loss of going concern, and any and all costs or expenses incurred by Tenant in
moving/removing/relocating its business, equipment, personal property, Antenna
Facilities, and leasehold improvements.
17. Rieht of First Refusal. If Landlord elects, during the Term to sell, transfer or otherwise
grant to a third party by easement or other legal instrument an interest in and to that
portion of the Tower and/or Property occupied by Tenant, or a larger portion thereof, for
the purpose of operating and maintaining communications facilities or the management
thereof, with or without an assignment of this Lease to such third party, Tenant shall have
the right of first refusal to meet any bona fide offer of sale or transfer on the same terms
and conditions of such offer. If Tenant fails to meet such bona fide offer within thirty
(30) days after written notice thereof from Landlord, Landlord may sell or grant the
easement or interest in the Property or portion thereof to such third person in accordance
with the terms and conditions of such third party offer.
18. Tower Compliance. Landlord covenants that it will keep the Structure in good repair as
required by all laws. The Landlord shall also comply with all rules and regulations
enforced by the Federal Communications Commission with regard to the lighting,
marking and painting of towers. If the Landlord fails to make such repairs including
maintenance or upon damage to the Structure that Landlord decides to not repair, the
Tenant may make the repairs and Tenant shall have the right to deduct the costs of the
repairs from the succeeding rental amounts normally due from the Tenant to the Landlord.
19. Notices. All notices hereunder must be in writing and shall be deemed validly given if
sent by certified mail, return receipt requested or by commercial courier, provided the
courier's regular business is delivery service and provided further that it guarantees
delivery to the addressee by the end of the next business day following the courier's
receipt from the sender, addressed as follows (or any other address that the party to be
notified may have designated to the sender by like notice):
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Landlord: City of Hutchinson
Office of the City Administrator
111 Hasson Street S
Hutchinson, MN 55350
Tenant: Midwest Wireless Communications L.L.C.
180 Washington Valley Road
Bedminster, New Jersey 07921
Attention: Network Real Estate
Notice shall be effective upon actual receipt or refusal as shown on the receipt obtained
pursuant to the foregoing.
20. Enforcement and Attorneys' Fees. In the event that either party to this Lease shall
bring a claim to enforce any rights hereunder, the prevailing party shall be entitled to
recover costs and reasonable attorneys' fees incurred as a result of such claim.
21. Authority/I'itle. Each of the individuals executing this Lease on behalf of the Tenant or
the Landlord represents to the other party that such individual is authorized to do so by
requisite action of the party to this Lease. Landlord covenants that Tenant, on paying the
rent and performing the covenants herein, shall peaceably and quietly have, hold and
enjoy the Leased Premises. Landlord represents and warrants to Tenant as of the
execution date of this Lease, and covenants during the Term that Landlord is seized of
good and sufficient title and interest to the Property. Landlord further covenants during
the Term that there are no liens, judgments or impediments of title on the Property, or
affecting Landlord's title to the same and that there are no covenants, easements or
restrictions which prevent or adversely affect the use or occupancy of the Leased Premises
by Tenant as set forth above.
22. Binding Effect This Lease shall run with the Leased Premises. This Lease shall extend
to and bind the heirs, personal representatives, successors and assigns of the parties
hereto. To the extent that Landlord grants to a third party by easement or other legal
instrument an interest in and to that portion of the Tower and/or Property occupied by
Tenant for the purpose of operating and maintaining communications facilities or the
management thereof and in conjunction therewith, assigns this Lease to said third party,
Landlord shall not be released from its obligations to Tenant under this Lease, and Tenant
shall have the right to look to Landlord and the third party for the full performance of this
Lease.
23. Complete Lease: Amendments. This Lease constitutes the entire agreement and
understanding of the parties and supersedes all offers, negotiations, and other agreements
of any kind. There are no representations or understandings of any kind not set forth
herein. Any modification of or amendment to this Lease must be in writing and executed
by both parties.
24. Governine Law. This Lease shall be construed in accordance with the laws of the State
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of Minnesota.
25. Limitation of Liability. Nothing in the Lease shall be deemed a waiver of any limitation
of liability or defenses under Minnesota Statutes Chapter 466 or any other provision of
law.
26. Severability. If any term of this Lease is found to be void or invalid, such invalidity shall
not affect the remaining terms of this Lease, which shall continue in full force and effect.
27. Memorandum. Upon request by either party, the parties agree to promptly execute and
deliver a recordable Memorandum of this Lease in a form acceptable to both parties,
which may be recorded by the party requesting the Memorandum of Lease.
Signatures on following page
Remainder of page intentionally left blank
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15084160
� L�
IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their
respective seals the day and year written below.
16"; "UR0l:11
City of Hutchinson,
a Minnesota municipal corporation
By:
Name: Steven w_ Conk
Its: Mayor
Name: nary n_ Pinr7.
Its: City Administrator
TENANT:
Midwest Wireless Communications L.L.C.,
a Delaware limited liability company
By:
Beth Ann Drohan
Its: Area Vice President Network
albl
Acknowledgments on following page
Remainder ofpage intentionally left blank
MN07 Hutchinson page 14 of 18
Site Le Agreement
1508416x3
a,
LANDLORD ACKNOWLEDGMENT
STATE OF MINNESOTA )
) ss.
COUNTY OF MCLEOD )
This instrument was acknowledged before me on 20_1¢
by Steven W. Cook I and Gary D. P otz ' respectively, the
Mayor and City Administrator of the City of Hutchinson, a Minnesota municipal corporation, on
behalf of the municipal corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
TENANT ACKNOWLEDGMENT
STATE OF ILLINOIS )
)SS.
COUNTY OF COOK )
On this day of , 20, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Area Vice President Network of Midwest Wireless
Communications L.L.C., a Delaware limited liability company, that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Midwest Wireless Communications L.L.C., a Delaware limited liability company, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
MN07 Hutchinson
Site Lewe Agreement Page 15 of 18
15084160
Exhibit A
That part of the plat of the Townsite of Hutchinson South Half (S 112) shown as Park, said part
being hounded on the West by Grove Street, on the South by Fourth Avenue, on the East by Glen
Street, and on the North by Second Avenue, as said streets are laid out on the plat, McLeod
County, Minnesota.
Abstract property.
MN07 Hutchinson Page IC Of I8
Site Lease Agreement
15084160
I
Exhibit B (Page 1 of 2)
NO!"
MN07
HUTCHINSON
MN07 Hutch it page 17 of 18
Site Lento Agreement
15064160
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Exhibit B (Page 2 of 2)
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MN07 Huwhinwn
Site Leave Agreement
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Page 18 of IS
DRAFTED BY
AND RETURN TO:
Moss & Barnett (JDL)
4800 Wells Fargo Building
90 South Seventh Street
Minneapolis, MN 55402 -4129
(Site Name: MN07 Hutchinson)
(prepared by Carol J. Yerks, Telephone No. (612) 877 -5314)
(Space above this line for Recorder's use.)
MEMORANDUM OF SITE LEASE AGREEMENT
THIS MEMORANDUM OF SITE LEASE AGREEMENT ( "Memorandum ") evidences
that a Site Lease Agreement ( "Lease ") was entered into as of June 22nd , 2010 , by and
between the City of Hutchinson, a Minnesota municipal corporation, with a mailing address of
111 Hasson Street Southeast, Hutchinson, Minnesota 55350 ( "Landlord "), and Midwest Wireless
Communications L.L.C., a Delaware limited liability company, with its address for notice
located at 180 Washington Valley Road, Bedminster, New Jersey 07921 ( "Tenant ").
Landlord and Tenant, or their predecessors in interest, originally entered into a Site Lease
Agreement (South Park Water Tower) dated April 25, 1994, as amended by an Addendum to
Site Lease Agreement (South Park Water Tower) dated April 24, 1999 (collectively, the
"Terminated Agreement"), for certain real property located at 200 2"d Avenue Southwest, in the
City of Hutchinson, County of McLeod, State of Minnesota, within the property of Landlord and
being further described as shown on Exhibit "A" attached hereto and made a part hereof together
with a right of access and to install and maintain utilities. The Lease provides that Landlord and
Tenant agree that the Terminated Agreement shall terminate on December 31, 2009, and that the
term of the Lease shall be for a period of five (5) years commencing January 1, 2010 and
continuing through December 31, 2014. Subject to the terms and conditions of the Lease, the
Lease will automatically extend for three (3) additional five (5) year renewal periods.
Signatures on following page
MN07 Hutchinson
Mernomndum of Site Leese Agreement
1602016v1
E,
IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum
as of the day and year written below.
14_4`171011"1 1
City of Hutchinson,
a Minnesota municipal corporation
TENANT:
Midwest Wireless Communications L.L.C.,
a Delaware limited liability company
By:
By: Beth Ann Drohan
Name: Steven W. Cook Its: Area Vice President Network
Its: Mayor
Date:
By:
Name: Gary D. Plotz
Its: City Administrator
Date: 06/22/2010
Acknowledgments on following page
MN07 Huwhinson
Memorandum of Site Lease Agreement
602016v1
Remainder ofpage intentionally left blank
2
C' �)
I1"010 fill ,717_�17'�►I1 .L 1]�Ti( lJu1�I�YY
STATE OF MINNESOTA )
) ss.
COUNTY OF MCLEOD )
This instrument was acknowledged before me on June 22nd , 201 0
by Steven W. Cook and Gary D. Plotz- _ respectively, the Mayor
and City Administrator of the City of Hutchinson, a Minnesota municipal corporation, on behalf
of the municipal corporation.
Signature of Person Taking Acknowledgment
(Seal, if any)
Title or rank
Serial Number, if any
TENANT ACKNOWLEDGMENT
STATE OF ILLINOIS )
) ss.
COUNTY OF COOK )
On this day of 20_, before me, the undersigned, a Notary
Public in and for the State of Illinois, duly commissioned and sworn, personally appeared Beth
Ann Drohan, to me known to be the Area Vice President Network of Midwest Wireless
Communications L.L.C., a Delaware limited liability company, that executed the foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of
Midwest Wireless Communications L.L.C., a Delaware limited liability company, for the uses
and purposes therein mentioned.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
Print or Type Name:
Notary Public in and for the State of Illinois
My appointment expires:
MN07 Hutchinson
Memorandum of Site Lease Agreement
t602016v1
Ce �)
Exhibit "A"
(Legal Description) Page 1 of i
That part of the plat of the Townsite of Hutchinson South Half (S 1/2) shown as Park, said part
being bounded on the West by Grove Street, on the South by Fourth Avenue, on the East by Glen
Street, and on the North by Second Avenue, as said streets are laid out on the plat, McLeod
County, Minnesota.
Abstract property.
MN07 Hutchinson
Memorandum of Site Lease Agreement
1602016x1
L' �)
June 14, 2010
To: Honorable Mayor & City Council members
From: John Olson, Public Works Manager
CC: Kent Exner, City Engineer
Re: Hutchinson Municipal Airport
Fueling System Upgrade
State Grant Request — FY2010
City of Hutchinson
Hutchinson Municipal Airport — Butler Field
Operations & Maintenance
1400 Adams St SE
Hutchinson, MN 55350
Phone (320) 234 -4219 Fax (320) 234 -6971
Dear Mr. Berre:
The City of Hutchinson has been informed that on or around July 1, 2010, the credit card industry will
implement a new, more secure standard intended to reduce theft and fraudulent credit card transactions.
To maintain compliance with this new Payment Card Industry (PCI) standard, the fueling system at
Hutchinson Municipal Airport requires both hardware and software upgrades to the self - fueling credit card
payment system. The lowest quote for specific upgrades was from MN Petroleum.
QT Technologies Aviation Credit Card system with weather shield and heater (includes electrical, labor
and mobilization)
Cost: $13,333.33
This cost qualifies for a 50% State and 50% local match. Documents related to State Project #SP 4304 -27;
Agreement No. 97126, a grant of $6,666.67 (5001* of the total) are enclosed.
During inspections related to the credit card system, it was determined that repairs to the fuel system should
be performed to avoid potential contamination issues. It was noted that this work would best be done in
conjunction with the credit card payment system upgrade.
The specific upgrades and the quoted prices for the work are detailed below:
The Avgas system's submersible pump pushes fuel to a suction pump. That configuration puts the pressure
relief on the Tokheim 52 valve in bypass and creates a situation where fuel will bleed out of the valve and
create possible contamination. To fit this, the suction pump would be replaced with a remote dispenser.
This will allow the Tokheim 52 valve to be removed and allow the submersible pump in the tank to drive
fuel directly to the dispenser. In addition, the underground piping would be moved to aboveground for
reasons of routine inspection of the fuel system to avoid any possible contamination.
Cost: $14,908.50
(PC V
Honorable Mayor & City Council members
John Olson
Hutchinson Municipal Airport — Fueling System Upgrade
June 14, 2010
Page 2
City staff also requested a grant through the Minnesota Department of Transportation - Office of
Aeronautics for the above referenced work, but this item was denied.
Per ongoing discussions since January with the Airport Commission, they have requested this work be done
to reduce the potential for leaking fuel and related contamination. In late March, a further meeting was
held with the City Administrator, Finance Director, and City Engineering identifying this issue as one that
had not been anticipated at the time the 2010 budget was prepared.
Funding for the $21,575 was anticipated as coming from the Operations & Maintenance budgets in the
General Fund, with any remaining cost not covered, if any, from the Airport Construction Fund.
If you require additional information, I am available by telephone (320) 583 -8145 and plan to be available
at the June 22 City Council meeting.
c cvh
Rev. 1/07
RESOLUTION NO. 13757
AUTHORIZATION TO EXECUTE
MINNESOTA DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
It is resolved by the City of Hutchinson as follows:
1. That the state of Minnesota Agreement No. 97126,
"Grant Agreement for Airport Improvement Excluding Land Acquisition," for
State Project No. 4304 -27 at the Hutchinson Municipal Airport, is accepted.
That the Mayor and City Administrator are
authorized to execute this Agreement and any amendments on behalf of the
City of Hutchinson.
Adopted by the Hutchinson City Council this 22nd day of June, 2010.
Steven W. Cook, Mayor
Gary D. Plotz, City Administrator
CERTIFICATION
STATE OF MINNESOTA
COUNTY OF
I certify that the above Resolution is a true and correct copy of the Resolution adopted by
the City of Hutchinson at an authorized meeting held on the 22nd day of June, 2010 as shown by
the minutes of the meeting in my possession.
CORPORATE SEAL
Notary Public
My Commission Expires:
Rev. Hl, 7/06 MWDOT Agreement No. 27M
State Project No. 4304 -27
GRANT AGREEMENT FOR AIRPORT IMPROVEMENT
EXCLUDING LAND ACQUISITION
This Agreement is by and between the State of Minnesota acting through its Commissioner of Transportation ( "State'), and the
City of Hutchinson ( "Recipient').
WHEREAS, the Recipient desues the financial assistance of the State for an airport improvement project ( "Project') as described
in Article 2 below; and
WHEREAS, the State is authorized by Minnesota Statutes Sections 360.015 (subdivisions 13 & 14) and 360.305 to provide
financial assistance to eligible airport sponsors for the acquisition, construction, improvement, or maintenance of airports and
other air navigation facilities; and .
WHEREAS, the Recipient has provided the State with the plans, specifications, and a detailed description of the airport
improvement Project.
NOW, THEREFORE, it is agreed as follows:
1. This Agreement is effective upon execution by the Recipient and the State, and will remain in effect until June 30, 2013.
2. The following table provides a description of the Project and shows a cost participation breakdown for each item of work:
Item Description Federal Shsro State Share Local Sham
Credit Card Reader for Fuel System 0% 50% 50%
The Project costs will not exceed $te• The proportionate shares of the Project costs are: Federal: $O&&
State: 56.666.61 and Recipient: $6,666.66. Federal funds for the Project will be received and disbursed by the State. In the
event federal reimbursement becomes available or is increased for this Project, the State will be entitled to recover from such
federal funds an amount not to exceed the state funds advanced for this Project. No funds are committed under this Agreement
until they are encumbered by the State. No more than 95% of the amount dim under this Agreement will be paid by the State until
the State determines that the Recipient has complied with all terms of this Agreement, and furnished all necessary records.
3. The Recipient will designate a registered engineer (the "Project Engineer') to oversee the Project wok. If, with the State's
approval, the Recipient elects not to have such services performed by s registered engineer, then the Recipient will designate
another responsible person to oversee such work, and any references herein to the "Project Engineer" will apply to such
responsible person
4. The Recipient will complete the Project in accordance with the plans, specifications, and detailed description of the Project,
which are on file with the State's Office of Aeronautics and are incorporated into this Agreement by reference. Any changes
in the plants or specifications of the Project after the date of this Agreement will be valid only if made by written change order
signed by the Recipient, the Project Engineer, and the contractor. Change orders must be submitted to the State. Subject to the
availability of funds the State may prepare an amendment to this Agreement to reimburse the Recipient for the allowable costa
of qualifying change orders.
5. The Recipient will make payments to its contractor on a work- progress basis. The Recipient will submit requests for
reimbursement of certified costs to the State on state - approved forms. The State will reimburse the Recipient for the state and
federal shares of the approved Project costs.
a. At regular intervals, the Recipient or the Project Engineer will prepare a partial estimeta in accordance with the terms of
the contract, special provisions, and standard specifications for the Project(s). Partial estimates must be completed no
later than one month after the work covered by the estimate is compkted. The Project Engineer and the contractor must
certify that each partial estimate Is true and correct, and that the cents have not been included on a previous estimate.
b. Following certification of the partial estimate, the Recipient will make partial payments to the contractor in accordance
with the terms of the contract, spacial provisions, and standard specifications for the Project(s).
Paps 1 of 4 (,C • )
c. Following certification of the partial estimate, the Recipient may request reimbursement from the State for costs eligible
for federal and state participation. A copy of the partial estimate must be included with the Recipient's request for
payment. Reimbursement requests and partial estimates should not be submitted if they cover a period in which there was
no progress on the Project.
d. Upon completion of the Project(s), the Recipient will prepare a final estimate in accordance with the terma of the contract,
special provisions, and standard specifications for the Project(s). The final estimate must be certified by the Recipient,
Project Engineer and the contractor.
e. Following certification of the final estimate, the Recipient will make final payment to the contractor in accordance with the
terms of the contract, special provisions, and standard specifications for the Prcject(s).
f. Following certification of the final estimate, the Recipient may request reimbursement from the State for costs eligible for
federal and state participation. A request for final payment must be submitted to the State along with those project records
required by the State.
6. For a Project which involves the purchase of equipment, the Recipient will be reimbursed by the State in one hump sum after
the Recipient: (1) has acquired both possession and unencumbered title to the equipment; and (2) has presented proof of
payment to the State, and (3) a certificate that the equipment is not defective and is in good working order. The Recipient will
keep such equipment, property stored, in good repair, and will not use the equipment for airy purpose other than airport
operations.
7. If the Project involves force - account work or project donations, the Recipient must obtain the written approval of the State
and Federal Aviation Administration ( FAA). Force - account work performed or project donations received without written
approval by the State will not be reimbursed under this Agreement. Force - account work must be done in accordance with the
schedule of prices and terms established by the Recipient and approved by the State.
8. Pursuant to Minnesota Statutes Section 360.305, subdivision 4 (g) (1), the Recipient will operate its airport as a licensed,
municipally - owned public airport at all times of the year for a period of 20 years from the date the Recipient receives final
reimbursement under this Agreement. The Airport must be maintained in a safe, serviceable manner for public aeronautical
purposm only. The Recipient will not transfer, convey, encumber, assign, or abandon its interest in the airport or in any real
or personal property, which is purchased or improved with State aid funds without prior written approval from the State. If
the State approves such transfer or change in use, the Recipient must comply with such conditions and restrictions as the State
may place on such approval. The obligations imposed by this clause survive the expiration or termination of this Agreement.
9. This Agreement may be terminated by the Recipient or State at any tithe, with or without cause, upon ninety (90) days written
notice to the other party. Such termination will not remove any unfulfilled financial obligations of the Recipient as set forth in
this Agreement. In the event of such a termination, the Recipient will be entitled to reimbursement for eligible expenses
incurred for work satisfactorily performed on the Project up to the date of termination. The State may immediately terminate
this Agreement if it does not receive sufficient Nmding from the Minnesota Legislature or other funding source, or such
funding is not provided at a level sufficient to allow for the continuation of the work covered by this Agreement In the event
of such termination, the Recipient will be reimbursed for wort satisfactorily performed up to the effective date of such
termination to the extent that funds are available. In the event of any complete or partial state government shutdown due to a
failure to have a budget approved at the required time, the State may suspend this Agreement, upon notice to the Recipient,
until such government shutdown ends, and the Recipient assumes the risk of ran - payment for work performed during such
shutdown.
10. Pursuant to Minnesota Rules 8800.2500, the Recipient certifies that (1) it presently has available sufficient unencumbered
funds to pay its share of the Project; (2) the Project will be completed without undue delay; and (3) the Recipient has the legal
authority to engage in the Project as proposed.
11. Pursuant to Minnesota Statutes Section 160.05, subdivision S, the Recipient will maintain such records and provide such
information, at the request of the State, so as to permit the Department of Transportation, the Legislative Auditor, or the State
Auditor to examine those books, records, and accounting procedures and practices of the Recipient relevant to this Agreement
for a minimum of six years after the expiration of this Agreement.
12. The Recipient will save, defend, and hold the State harmless from any claims, liabilities, or damages including, but not limited
Papa 2 of 4 T C� )
to, its costs and attorneys' fees arising out of the Project which is the subject of this Agreement
13. The Recipient will not utilize any state or federal financial assistance received pursuant to this Agreement to compensate,
either directly or indirectly, any contractor, corporation, partnership, or business, however organized, which is disqualified or
debarred from entering into or receiving a State contract. This restriction applies regardless of whether the disqualified or
debarred party acts in the capacity of a general contractor, a subcontractor, or as an equipment or material supplier. This
restriction does riot prevent the Recipient from utilizing these funds to pay any party who might be disqualified or debarred
after the Recipient's contract award on this Project.
14. All contracts for materials, supplies, or construction performed under this Agreement will comply with the equal employment
opportunity requirements of Minnesota Statutes Section 181.59.
15. The amountof this Agreement is limited to the dollar amounts as defined in Article 3 above. Any costs incurred above the amount
obligated by the State is dorm without any guarantee that these costs will be reimbursed in any way. A change to this Agreement
will be effective only if it is reduced to wrifing and is executed by the same parties who executed this Agreement, or their
successors in office.
16. For projects that include consultant services, the Recipient and Its consultant will conduct the services in accordance with the
work plan indicated in the Recipient's contract for consultant services, which shall be on file with the State's Office of
Aeronautics. The work plan is incorporated into this Agreement by reference. The Recipient will confer on a regular basis
with the State to coordinate the design and development of the services.
17. The parties must comply with the Minnesota Government Data Practices Act, as it relates to all data provided to or by a party
pursuant to this Agreement.
18. Minnesota law, without regard to its choice -of -law provisions, governs this Agreement Venue for all legal proceedings
arising out of this Agreement, or its breach, must be in the appropriate state or federal court with competent jurisdiction in
Ramsey County, Minnesota
19. For projects including federal funding, the Recipient must comply with applicable regulations, including, but not limited to,
Title 14 Code of Federal Regulations, subchapter 4 part 151; and Minnesota Rules Chapter 8800.
20. For all projects, the Recipient must comply, and require its contractors and consultants to comply, with all federal and state
laws, rules, and regulations applicable to the work. The Recipient must advertise, let, and award any contracts for the project
in accordance with applicable laws. The State may withhold payment for services performed in violation of applicable laws.
21. Under this Agreement, the Sate is only responsible for receiving and disbursing federal and state funds. Nothing in this
Agreement will be construed to make the State a principal, co-principal, partner, or joint vanturei with respect to the
Project(s) covered herein. The Sate may provide technical advice and assistance as rcgtteaad by the Recipient, however, the
Recipient will rennin responsible for providing direction to its conti tors and consul and for administering its contracts
with such entities. The Recipient's consultants and contractors are not intended to be third party beneficiaries of this
Agreement
Papa 3 of 4 � N
State Encumbrance Verification
Individual certifies that f been as required by Minn. Stat 99 16A.15 and 16C.05
By: V
Date: 6 ODD
MAPS Orr NX /J V
Recipient
Recipient certifies that the appropriate person(s) have executed the Agreement on behalf of the Recipient as required by applicable
resolutions, charter provisions or ordinances.
By:
Steven W. Cook
Title: Mavor
By:
Gary D. Plotz
Title: City Administrator
Date: 06/22/2010
Commissioner, Minnesota Department of Transportation
Director, Office of Aeronautics
of7M
Mn/DOT Contract Management
as to form & execution
By:
Fillp In
Page 4of4 (X `k�
+rrnanr
e Smaafir7erra^
Minnesota Petroleum SVC
67239th.ve N.F.
C.ku bn I1eoo AM 5421
763 - 790.5191 763 - 780.5472 Fa.
A\ Bat Swop
Bswan(Mmnoetroxom
l ,[,[omcr: Hutchinson Auport
John Olson
SHIPPING METHOD
UPS Ground
DA1'1{ March 31, 2010
Q2 IorC4
SHIPPINGTERMS DELIVERYDATE
4 Weeks
(M rrmw M
DB7CBIP110H
Cat a" SA Bea\
i
SdTow
Qt Technologies Aviation Credit card
system - W/ weathexshield and Heater
1.00 M3000
also includes 50 Proprietary cards.
5 9,283.33 5
9,283.33
Electrical- Power down existing
Gasboy system- Wire main power for
1.00 Paxson s
QT System- Use existing conduits
$ 2,200.00 S
2,200.00 I
1.00 Mnpetro
Labor- Program and start up
$ 1,525.00 i 5
1,525.00
1.00 Mnpetro
Mobilization
5 200.00 $
200.001
Sales ru is not included - let me know
if the airport has to pay sales tax
Assumes all existing Gasboy conduit is
re- usabk.
SUBTOTALi 5
13,208.33
SALESTAXI
TBDII
Freighti
Authorized by
Date
TOTA $
TOTAL
13:333.33 Jl
t,c�)
To: John Olson/ Bruce Fenske - Hutchinson Utilities
Hutchinson Airport
C: 320 - 5838145 0:320- 234 -4219
I met with the FBO Operator at the Hutchinson Airport. The
AVGAS fuel system runs at very slow speeds. Upon Inspection I
found the AVGAS dispenser is actually a suction pump that is
being fed with a submersible pump in the tank. The submersible
pump pushes fuel to the suction pump which puts the pressure
relief on the Tokheim 52 valve In bypass and creates a situation
where fuel will bleed out of the valve and create a possible
contamination situation. To get the most out of this system, we
recommend replacing the existing auction pump with a remote
dispenser wl retail meter and pulsar. This wiM allow the Tokhefm
52 valve to be removed and allow the submersible pump in the
tank to drive the fuel directly to the remote dispenser. We also
recommend moving the piping from the AVGAS tank to a fully
inspectable above ground piping system.
Supply a new Wayne Reliance Retail Single Product Dispenser wl
up to 22 gpm at hose outlet SS Cabinet. Flow rate will ultimately
depend on submersible capapbflity In the fuel tank.
Mn Sales Tax:
Quote r.
ow: 3-Mer -2010
1.00 $3,550.00
1.00 $248.50
Supply a new AST Dispenser Stand, pipe from Avgas tank above
ground to new Dispenser Stand, set new dispenser, look Into
existing external fifter system and hose reel. Bleed out system and
calibrate. 1.00 $8,785.00
Electric - Power up new dispenser using existing wiring. Tie
System kdo Existing Gasboy Card Reader and bring system on
line. 1.00 $3,250.00
OPTION Upgrade existing 113 HP Red Jacket Submersible to a 2
HP Submersible. Labor and materials Included 1.00 $1,075.00
TOTAL FOR THE ABOVE:
Please remit deposit to:
Minnesota Petroleum S*mke, Inc.
882 39th Ave NE
Minneapolis, MN 53121
Please fax signed and accepted quote to:
drat Swan 17831.786 -5472
$3,550.00
$248.50
$8,785.00
$1,075.00
$14,808.80
� K)
Minnesota Petmteum Service, Inc.
682 3911 Ave NE
.,.e,m.
Minneapolis, MN 35421
763- 780.6191 F:793. 780.5472
The Sale'
www.mnoatro.com tiffanind2mmietro.corn
To: John Olson/ Bruce Fenske - Hutchinson Utilities
Hutchinson Airport
C: 320 - 5838145 0:320- 234 -4219
I met with the FBO Operator at the Hutchinson Airport. The
AVGAS fuel system runs at very slow speeds. Upon Inspection I
found the AVGAS dispenser is actually a suction pump that is
being fed with a submersible pump in the tank. The submersible
pump pushes fuel to the suction pump which puts the pressure
relief on the Tokheim 52 valve In bypass and creates a situation
where fuel will bleed out of the valve and create a possible
contamination situation. To get the most out of this system, we
recommend replacing the existing auction pump with a remote
dispenser wl retail meter and pulsar. This wiM allow the Tokhefm
52 valve to be removed and allow the submersible pump in the
tank to drive the fuel directly to the remote dispenser. We also
recommend moving the piping from the AVGAS tank to a fully
inspectable above ground piping system.
Supply a new Wayne Reliance Retail Single Product Dispenser wl
up to 22 gpm at hose outlet SS Cabinet. Flow rate will ultimately
depend on submersible capapbflity In the fuel tank.
Mn Sales Tax:
Quote r.
ow: 3-Mer -2010
1.00 $3,550.00
1.00 $248.50
Supply a new AST Dispenser Stand, pipe from Avgas tank above
ground to new Dispenser Stand, set new dispenser, look Into
existing external fifter system and hose reel. Bleed out system and
calibrate. 1.00 $8,785.00
Electric - Power up new dispenser using existing wiring. Tie
System kdo Existing Gasboy Card Reader and bring system on
line. 1.00 $3,250.00
OPTION Upgrade existing 113 HP Red Jacket Submersible to a 2
HP Submersible. Labor and materials Included 1.00 $1,075.00
TOTAL FOR THE ABOVE:
Please remit deposit to:
Minnesota Petroleum S*mke, Inc.
882 39th Ave NE
Minneapolis, MN 53121
Please fax signed and accepted quote to:
drat Swan 17831.786 -5472
$3,550.00
$248.50
$8,785.00
$1,075.00
$14,808.80
� K)
M3
•
•
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & Council
FROM: Chief Dan Hatter
DATE: June 18, 2010
RE: Consent Agenda
Transient Merchant License Application and Investigation
Gerald Breyer
A background check was conducted on Mr. Gerald Breyer in reference to his obtaining a
Transient Merchant License in the City of Hutchinson. Mr. Breyer is planning on selling
fireworks through the business name of "Generous Jerry's Fireworks Inc" from the
Hutchinson Mall parking lot near Kentucky Fried Chicken. This is the first time Mr. Breyer
has applied for a license.
It would be my recommendation to grant Mr. Breyer this transient merchant license based
on the information gathered during the investigation.
/Ikg
2010 -01 -0020
(4u)
City of
I 1111assen Surat Soulhew
llwchinswt MN 55350
(320)567- 5151 /Faz:(320)234 -4240
ieMtt a Ei
( 86 -7�
f d5.00
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
❑ Solicitor $125.00 Date of Application �- �7;l- - 10
I Transient Merchant $125.00
❑ Peddler $125 -00
❑Parade Peddler $30.00
2" X 2" Picture Required
Name: ��a�A. --Id,
fleight: rfU Weight.. Eye Color: -QrA%
Driver's I, icense Number /: LState:
Permanent Address: � ( S
C2�t S ����V 001
ON Slme Zip
Permanent Telephone: C%_ _ 72-A 0 f 9 f
Tem ora
OV
n �b
-- -
__ 'I'empurtry '1'elepl, Access:
Haveyou been convicted of any crime, misdemeanor, or violation o1'aoy municipal ordinance, other than
traffic violations'! ❑ yes A no
If'yes, state the nature of offense and punishment or penalty assessed therefore:
at>
City oflluxhi .
Appficwf far Peddfem Sblfcow,, and Trranram Aferchr j
Page 2 of I
Location Inf on
L
Location Name
I C)
Locaron Address C!
Srate 71
Business Information
L— relations hip�betwee�n applicant �and empl r.
�'N r2.i BZG a
—
ltie it�ss �c ' mO
D a ofbusi and nbe ite s offered:
� h � e [� r '.Q 2 A C, (,q6)
Describe method of delivery:
n w
'be source of supply,
►tir��c,� �tc� � 70� -�75� l I oh
pr7ler A pe
(� �gr¢plierAddress 83'
SrPvkr Plo Number
gore zip
CiZL1tQ�l.C� � � _ 1fJ1_ J�YII.-
Septder Pfrane Ar mberQ
�IW1(t
Suppfl .v Ury
a Xlp
$rppf/er Naar
S.W" Pbvr Number
fer Ad%'en O
SYare ZAP
' vide two (2) property owne er(preferably in McLeod County) f character references:
uia X18- jet
���`y� _ Praperry Ovnm jwx Pmpffty Ow. Pbo" Nmbbee,
M h102L j�,S U //
tt Prolxrry Ow Ad*= C'ify pe 7'
yy _
44 rh
0
(' C()
Oily of HwChvuon
Apphcallon,far Peddler ;,Wlwwo and Transient Mercha s
Page 3 of 4
Reference
to three (3)) previous city(ies) where you =ied on same 'vity:
"X11-
�Ciry_ Sate N Da1e(s)OfAct p
r�1i1•./tYN /'Aa/71 ¶'sT/1 �Q�
oO
City P -tow AG Ny
U'Lyi, to
Ciry ) of Ai
/
ChecJdist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): yes ❑ no
Application completed in full and signed: es ❑ no
f hereby certify I have completely filled out the entire above application and that the application is true, co+rwt, and accurate,
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guihy of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
impriso [for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution.
AppTfcant s Signature Dare
Internal Use Only
Police ❑ approved ❑ denied Notes:
City Council 0 approved ❑ denied Notes:
1I/ IJ[pnui.i]yrlLlb[!?e1Gb. 5' ..T.. do
('G
MEMORANDUM
POLICE / EMERGENCY MANAGEMENT SERVICES
TO: Mayor & Council
FROM: Chief Dan Hatter
DATE: June 18, 2010
RE: Consent Agenda
Transient Merchant License Application and Investigation
Christopher Ulmer
A background check was conducted on Mr. Christopher Ulmer in reference to his obtaining
a Transient Merchant License in the City of Hutchinson. Mr. Ulmer is planning on selling
Minnesota legal fireworks called "TNT Fireworks" in the northeast corner of the Walmart
parking lot. Mr. Ulmer has been granted this same license in 2008 and 2009.
• It would be my recommendation to grant Mr. Ulmer this transient merchant license based
on the information gathered during the investigation.
/lkg
2010 -01 -0019
,6
1 t l Hassan Strcct Southeast
Hutchinson, MN 55350
(320) 587- 5151/Fax: (320) 234 -4240
City of Hutchinson
APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS
Application Type (choose one)
❑ /Aolicitor $100.00 Date of Application
0 Transient Merchant $100.00 /
❑ Peddler $100.00 Date(s) of Sale L�
❑Parade Peddler $25.00
Applicant Information
2" X 2" Picture Required
Name: /! I^
Height: 3 Weight: o� TO Eye Color: r,060tZ-1
b
Driver's License Number: fate:
Permanent Amass: 70
�t'City
Sm1e Zip
�7 p
Permanent Telephone:
Temporary Address:
City State Zip
Temporary Telephone Access:
Have you been convicted o any crime, misdemeanor, or violation of any municipal ordinance, other than
traffic violations? ❑ yes no
If yes, state the nature of ffense and punishment or penalty assessed therefore:
(,L�
City of Hutchinson
Application for Peddlers, Solicitors, and Transient Merchants
Page 1 of 4
12500 -Tynr, Huy l5 4-thm!�;c &U/ 5�
Location Address I City State Zip
Business Information
Describe relationship between applicant and employer:
II //
nc�cr-
Describe nature of business and describe item(s) offered:
M J �Wro U Fi r2tyyrK>
,
U c'r �O�J��7fi2��
Describe method of delivery:
Describe source of supply..
r��C'�� LCl l SC�t% I ✓L.J ��� � 0 � - ��� d
Supplter Na Suppler Phone Number
� '+lien s 1�L 55'x/5
Supplier Addrdss City State Zip
Supplier Name Suppler Phone Number
Supplier Address City State zip
Supplier Name Suppler Phone Number
Supplier Address city State zip
Information
(or — 77 ers
,_�ocTr
in McLeod County) for character references:
Name
TIs
e_
Property Owner Address
3_ p- 7- /0-Z
l Property Owner Plane Number
}7 trICh�it_�oV1 �I /V 5�3�
City Stare Zip
?06 - -Y/o � �O M-�
Property Owner Phone Number
�rT
City of Hutchinson
Applicalionfor Peddlers, Solicitors, and Transient Merchants
Page 3 of 4
List last(��,,t three (3)) previous city(ies) where you carried on same activity:
CI1Ernco ek) 5 to u
City state Date(s) of Activity
to �/ ��
City State Dates) of cavity
1MNJ, - / �J �i�- to
City State Date(s) o Acuvif ty t
Checklist
The following items need to be completed and/or attached in order for the application to be processed:
Application/Investigation fee paid in full (check or money order): ❑ yes ❑ no
A2plication completed in full and signed: lY" es ❑ no
I hereby certify I have completely filled out the entire above application and that the application is true, correct, and accurate,
I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchants Ordinance
No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not exceeding $1,000.00 or by
imprisonment for a d not exceeding 90 ys or both, plus, in either case, the costs of prosecution.
Applicant's Signature are
Internal Use Only
Police ❑ approved ❑ denied Notes:
City Council ❑ approved ❑ denied Notes:
HAIc App4keiia PdWa, Solioia, Trw .doc
u
R55CKREG LOG22001VO
6/22/10 Council Meeting
Council Check Register
CITY OF HUTCHINSON
Check N
-
Ck Date Amount
- --
Vendor/ Explanation
- - -- - - - --
Account Description
160514
6/22/2010',
133.01
AMERICAN FAMILY INS CO.
ACCRUED LIFE INSURANCE
160515
6/22/20101
500.79
H.A.R.T.
ACCRUED DEFERRED COMP
160516
6/22/20101
2,141.15
ICMA RETIREMENT TRUST
ACCRUED DEFERRED COMP
160517
6/22/20101
1,689.60
ING LIFE & ANN CO.
ACCRUED DEFERRED COMP
160518
6/22/2010,
50.07
! LIFE INSURANCE COMPANY OF AMER
-
ACCRUED LIFE INSURANCE
160519
6/22/2010',
466.00'AARP
PROFESSIONAL SERVICES
160521
6/22/2010'
1,196.88
{ACE HARDWARE
OPERATING_ SUPPLIES
160522
6/22/2010:
2,481 -94
!!AEM MECHANICAL SERVICES, INC
CONTRACT REPAIR & MAINTENANCE
160523_
6/22/2010',
320.00
AIR COMPRESSORS PLUS LLC
CONTRACT REPAIR & MAINTENANCE
160524
6/22/2010
_ 45.51
-- - -- -
ALLTEL
_ -- -
- -- COMMUNICATIONS
COMMUNIATIONS C
160525
6/22/2010
4,721.14
_
ALPHA WIRELESS
TRUCKS
160526
6/22/2010
11.41
AMBERG, KRYSTAL
RECREATION ACTIVITY FEES
160527
6/22/2010
140.00
AMERICAN BOTTLING CO
COST OF MIX & SOFT DRINKS
160528
6/22/2010
7.28
AMERICAN WELDING / WILLMAR FIR
RENTALS
160529
6/22/2_0101
201.90
AM_ERIPRIDE LINEN & APPAREL
CONTRACT REPAIR & MAINTENANCE
160530
6/22/2_0101
2_3,967.95
ANDERSON CHEMICAL COMPANY
CHEMICALS & PRODUCTS
160531
6/22/2010'
93.05
'ARAMARK UNIFORM SERVICE
SHOP MATERIALS
160532
6/22/2010
1,528.20_
ARCTIC GLACIER PREMIUM_ ICE INC
OF SALES -MISC
160533
6/22/2010
558.59
AUTO VALUE - GLENCOE
_COST
EQUIPMENT PARTS
160534
6/22/_2010
30.05
AUTO VALUE - NEW_ULM
EQUIPMENT PARTS
160535
6/22/2010
525.00
B & C PLUMBING & HEATING INC
PROFESSIONAL SERVICES
160536
6/22/2010
1,449.00
B & L UTILITY MAINTENANCE
CONTRACT REPAIR & MAINTENANCE
160537
6/22/2010
200.00
BAASEN, EUGENE
SIGNS & STRIPPING MATERIALS
160538
6/22/2010
7,790.65
BACHMAN'S
OPERATING SUPPLIES
160539
6/22/2010
108.55
BASSLER, MATT
ACCOUNTS PAYABLE MANUAL
160540
6/22/201.0
5.38
BCA/TRAINING & DEVELOPMENT
-
OPERATING SUPPLIES
160541,
6/22/2010
184.97
- - - - -- - -
BERNICK'S FOOD SERVICE
- - - —
COST OF MIX &SOFT DRINKS
160542
6/22/2010
142.25
BRANDON TIRE CO_
CENTRAL GARAGE REPAIR
160543
6/22/2010
5,556.71
BRYAN STREICH TRUCKING
FREIGHT - IN
160544
6/22/2010'
29.76
BUFFALO CREEK ENTERPRISES
COST OF SALES -MISC
160545
6/22/2010
2,174.49
BUSINESSWARE SOLUTIONS
CONTRACT REPAIR & MAINTENANCE
160546
6/22/2010
400.00
C & C STRIPING & SEALING
CONTRACT REPAIR & MAINTENANCE
160547
6/22/2010
56,307.20
C & L DISTRIBUTING
COST OF SALES -BEER
160548
6/22/2010
460.01
CENTRAL MCGOWAN_
EQUIPMENT PARTS
160549
6/22/2010
1,3_83.50
CERES ENVIRONMENTAL
OPERATING SUPPLIES
160550
6/22/2010
188.87
--
CHIEF
-
UNIFORMS & PERSONAL EQUIP
160551
6/22/2010
1,335.94
CLARKE MOSQUITO CONTROL PRODUl
OTHER CONTRACTUAL
160552
6/22/20101
106.87
CMK SERVICES LLC
OTHER CONTRACTUAL
160553
6/22/20101
150.58
COLLINS BROTHERS
COST OF SALES -MISC
160554
6/22/2010
90.13
-
COMDATA CORPORATION
REFUNDS & REIMBURSEMENTS
160555
6/22/2010
800.00
CONCORD SINGERS
REFUNDS & REIMBURSEMENTS
160556
6/22/2010
72.00
CORNER POST EROSION CONTROL
REPAIR & MAINTENANCE SUPPLIES
160557
6/22/2010'
469.18
COUNTRYSIDE FLAGPOLE
BUILDING REPAIRS
160558
6/22/20101,
28.27
CREEKSIDE SOILS
LANDSCAPE MATERIALS
1605559 9
6/22/2010
- -
30.00
- - -
CROW RIVER FLORAL &GIFTS
- --- S -
MISCELLANEOUS
181.68
_DYNA
ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
1605
6/22/2010
35.04
CROW RIVER GLASS & SIGNS
OPERATING SUPPLIES
160561
6/22/2010
984
23
-_ - -
CROW RIVER PRESS INC
-- - T - -
PRINTING & PUBLISHING
160562
6/22/2010
177.42
,CROW RIVER VET HOSPITAL PA
OTHER CONTRACTUAL
160563
6/22/2010
38
48
CU LLIGAN -METRO
RENTALS
160564
6/22/2010'
215.83
CULVER'S OF HUTCHINSON
OPERATING SUPPLIES
160565
6/22/2010',
550.00
CWA CONSULTING SERVICES
TRAVEL SCHOOL CONFERENCE
160566
6/22/2016T
600.00
DAKOTA COUNTY
OTHER REVENUES
160567
6/22/20_1011
6,871.55
DAY DISTRIBUTING
COST OF SALES -BEER
160568
6/22/2010
80.16
DIAMOND VOGEL PAINTS
SIGNS & STRIPPING MATERIALS
160569
6/22/2010
3,570.94
1 DPC INDUSTRIES INC
CHEMICALS & PRODUCTS
160570
6/22/2010
184.81
DROP -N -GO SHIPPING, INC
RECEIVED NOT VOUCHER_ED
160571
6/22/2010'
1,252.45
SYSTEMS
REPAIR & MAINTENANCE SUPPLIES
160572
6/22/2010
181.68
_DYNA
ECOLAB PEST ELIM
RECEIVED NOT VOUCHERED
160573
6/22/2010
94.07
ECONO FOODS
MEETINGS
160574
6/22/2010,
80.13
ED DAVIS BUSINESS MACHINES
OFFICE SUPPLIES
160575
6/22/2010
396.48
ELECTRO WATCHMAN
CONTRACT REPAIR & MAINTENANCE
160576
6/22/2010
3,915.00
EVERETT & VANDERWIEL PLLP
PROFESSIONAL SERVICES
160577
6/22/2010
9,725.03
EWERT BROS INC
CONTRACT REPAIR & MAINTENANCE
u
160578',
6/22/2010
21.00 ':EWING, SHANNON
RECREATION ACTIVITY FEES
160579
6/22/2010
315 -00 EXTREMEBEVERAGELLC
COST OF SALES -MISC
160580!
6/22/2010
281.88'FARMER BROTHERS COFFEE
!OPERATING SUPPLIES
10581
6/22/2010
867.59 FASTENAL COMPANY
!RECEIVED NOT VOUCHERED
10582!
6/22/2010
229.00 I FINANCE & COMMERCE
DUES & SUBSCRIPTIONS_
- --
10583
6/22/2010'
320.00 FIRE SAFETY USA, INC
OPERATING SUPPLIES
- -
1058411
-
6/22/2010
16.78 'FIRST MINNESOTA BANK
ACCOUNTS PAYABLE MANUAL
--
160585
6/22/2010
18840',FOREST EDGE WINERY
- --
COST OF SALES -WINE
,
160586
- -
6/22/2010
307.96 i FOSTER MECHANICAL
- - --
_
CONTRACT REPAIR & MAINTENANCE
T----
1605871 ,
6/22/2010
- - -
3,197.80_ FRED HOLASEK & SON INC
-
OPERATING SUPPLIES
1605881
6/22/2010
69.83 - - 2
G & K SERVICES - -
-
- �PERATIN-- G S- UPP LI ES
_
22/20 --
-- - -
82,542.80 'GARICK CORPORATION
-.
BAG FILM � !
105SO _6/_22/2010
40.95 GAUDERMAN, TOM
ACCOUNTS PAYABLE MANUAL
105911
6/22/2010
3 ORSON & WINTERS LTD
PROFESSIONAL SERVICES
10592
6/22/20101
1,242.28 GE WATER &PROCESS TECHNOLOGIE
- - - -� -_
PARTS
t
105931
6/22/2010'
-EQUIPMENT
580.00 G OA
013
-
160595!
6/22/2010
373 IGLLENCOE REGIONAL HEALTH SERVICP
RTOFS ONAL SERVICES
160596
- --
6/22/2010
-
_ ALE --
274.40 !GLOBAL EQUIP CO.
-- - --
REPAIR &MAINTENANCE SUPPLIES ', {'
160597
6/22/2010
-
1,387.00 'GRAND PERE WINES INC
2222- - _ _
iCOST OF SALES WINE l
160598Y6/22/2010
828.65 IGRUFRUFF DESIGN
'OPERATING SUPPLIES
10599!
6/22/2010
-
1,394.59 HACH COMPANY
'OPERATING SUPPLIES
10600i
6/22/2010
169.93 'HAGER JEWELRY INC.
OPERAT ING SUPP LIES
1001r
- ---
6/22/2010_
60.00 HANSEN DEMOLITION LANDFILL
TREATMENT
1002'
6/22/2010
987.00 ' HANSEN DIST OF SLEEPY EYE
COST OF SALES -BEER
-
1003,
6/22/2010
- - -- -2/i
100.00 HANSEN TRUCK SERVICE
- - -- -
RECEIVED NOT VOUCHERED
- �-
160604'
6/22/2010
2,287.50 HANSON & VASEK CONSTRUCTION
CONTRACT REPAIR & MAINTENANCE F
0
1605
_ --
6/22/2010
- -_ -
3,034.93 HD SUPPLY WATERWORKS_LTD ---
ET
MERS & METER PARTS
160_06_
6/22/2010
117,635.16 HEALTH PARTNERS
EMPL.HEALTH & INS. BENEFIT
160607
-- --
6/22/2010
764.16 HEWLETT - PACKARD CO
OPERATING SUPPLIES
160608
6/22/2010_
146.45 HILLYARD / HUTCHINSON
;OPERATING SUPPLIES
-
10609'
6/22/2010
55.76 HIRSHFIELD'S INC
REPAIR & MAINTENANCE SUPPLIES
2 2010
1,166.00 'HJERPE CONTRACTING
i LANDSCAPE MATERIALS
160611
6/22/2010
--_ _ -
1,449.41 HOMESOURCE STORE, THE
-
SMALL TOOLS
160612,
6/22/2010
225.00 HOMETOWN SPORTS
OPERATING SUPPLIES
160613
6/22/2010
150.00
HUTCH AUTO BODY
CONTRACT REPAIR & MAINTENANCE
160614
6/22/2010
- -- - - - - --
64.99
------ - - - - -- -
HUTCH SPORT SHOP
UNIFORMS & PERSONAL EQUIP
160615
6/22/2010
450.00
HUTCHINSON AREA CHAMBER OF COh REFUNDS & REIMBURSEMENTS
160616'
6/22/2010'
12,567.85
HUTCHINSON CO -OP
MOTOR FUELS & LUBRICANTS
160617'
6/22/2010
1,029.20
HUTCHINSON LEADER
PRINTING & PUBLISHING
160618;
6/22/2010
708.75
HUTCHINSON SENIOR ADVISORY BOA
OPERATING SUPPLIES
160620
6/22/2010
552.96
HUTCHINSON WHOLESALE
OPERATING SUPPLIES
160621
6/22/20 10
2,310.71
HUTCHINSON, CITY OF
UTILITIES
-
160622
-
6/22/200
2,000.00
HUTCHINSON, CITY OF
MISCELLANEOUS
160623
6/22/2010
9.17
INDEPENDENT EMERGENCY SERVICES
_
COMMUNICATIONS
160624
6/22/2010
367.44
INTERSTATE BATTERY SYSTEM MINN
EQUIPMENT PARTS
160625
6/22/2010
105.00
JACOBSEN, SEPTEMBER
OPERATING SUPPLIES
160626
6_/2.2_ /2010
116.54
JASTER, LITA
ACCOUNTS PAYABLE MANUAL
160627
6/22/2010
24,349 -19
JEFF F -- _ - -
MEEHAN SALES INC.
MAY COMMISSIONS
160628'
6/22/2010
660.68
JEFF'S ELECTRIC
RECEIVED NOT VOUCHERED
160629
6/22/2010
33,757.96
JOHNSON BROTHERS LIQUOR CO.
COST OF SALES -WINE
160630'
6/22/2010
104.99
JOHNSON, BETH
UNIFORMS & PERSONAL EQUIP
160631
6/22/2010
48.80
JUUL CONTRACTING CO
REPAIR & MAINTENANCE SUPPLIES
1606321
6/22/2010
919.39
KDUZ KARP RADIO
ADVERTISING
160633'
6/22/2010
221.73
KLOSS, TOM
_
COMMUNICATIONS
160634 -
6/22/2010
40.00
KNORR, HEATHER
OTHER REVENUES
160635
6/22/2010
1,531.93
KOSEK, ANDREW
REPAIR & MAINTENANCE SUPPLIES
160636
6/22/2010
42,833.70
KRAEMER TRUCKING & EXCAVATING
IMPROV OTHER THAN BLDGS
160637
6/22/2010
850.00
KRISTICO, INC
FREIGHT
160638
6/22/2010
24.99
KUHN, KATI _
UNIFORMS & PERSONAL EQUIP
160639'
6/22/2010
7,9.89.03
L & P SUPPLY CO
EQUIPMENT PARTS
160640'
6/22/2010
55.13
LANG'S OLD FASHIONED MEAT MARK
MISCELLANEOUS
160641
6/22/2010
112.00
LARAWAY ROOFING INC
CONTRACT REPAIR & MAINTENANCE
160642
6/22/2010
376.71
LARSON BUILDERS
BUILDING PERMITS.
160643
6/22/2010
64.07
LARSON, JASON
TRAVEL SCHOOL CONFERENCE
160644
6/22/2010
43,764.25
LEAGUE OF MN CITIES -INS TRUST
ACCURED WORKERS COMP
160645
6/22/2010
134.00
LEXISNEXIS
OTHER CONTRACTUAL
160646
6/22/2010
96.00
LEXISNEXIS
DRUG TESTING
U
160647 6
6/22/2010 6
64.00 iLIES, MARK (
(OTHER REVENUES
160648 6
6/22/2010 8
844.68 ',LIFE INSURANCE COMPANY OF AMER E
EMPL.HEALTH & INS. BENEFIT
160649 6
6/22/2010 3
32,744.40 LOCHER BROTHERS INC C
COST OF SALES -BEER
160650 6
6/22/2010 2
28,462.78 LOGIS D
DATA PROC EQUIPMENT RENTAL
160651 6
6/22/2010 4
4,576.65 LYNDE & MCLEOD INC C
COMPOST
160652 6
6/22/2010 1
159.86 m _
SIGNS & STRIPPING MATERIALS
160653 6
6/22/2010 1
__-R S
MEETINGS
160654 6
6/22/2010 7
75.00 MATHWIG, BARB (
(UNIFORMS & PERSONAL EQUIP
160655 6
6/22/2010 4
479.15 1 MAYTAG LAUNDRY & CAR WASH -
SERVICES
- S
LTIES
160657 6/22/2010 65.00 MCLEOD COUNTY ABSTRACT & TITL PROFESSIONAL SERVICES MCLEOD
160659' 6/22/2010 185.00 ' iMCLEOD COUNTY COUADMINISTRiOTHER REVENUESTIONS
- - -- -
160660 6/22/2010 50.00 MCLEOD COUNTY COURT ADMINISTRAOTHER REVENUES
- -- - - __ - + - -- -
160661 6/22/2010 250.00 f - MCLEOD COUNTY COURT ADMINISTR�OTHER REVENUES
160662 6/22/2010 35.00 MCLEOD COUNTY FAIR ADVERTISING
160663 6/22/2010 4,343.60 MEEKER WASHED SAND& GRAVEL RECEIVED NOT VOUCHERED
160664 6/22/2010 43.00 I MEHR, BRIAN TRAVEL SCHOOL CONFERENCE
- - -- - --- - - - - -
160665 6/22/20101 512.56 MENARDSHUTCHINSON EQUIPMENT PARTS
160666 6/22/2010' 230.00IMESSNER- WENDORFF,JESSICA RENTS- BLDGSOTHER
160667 6/22/2010 66.58 'METRO ATHLETIC SUPPLY INC _OPERATING SUPPLIES
160668 6/22/2010 130.00 MIES, MIKE TRAVEL SCHOOL CONFERENCE
160669 6/22/2010 8334 'MINI - BIFF RENTALS
160670 6/22/2010 7,485.00 (MINNESOTA DEPT OF HEALTH STATE WATER TESTING FEE
160671 6/22/2010 56.45 MI---- -
',NNESOTA SHREDDING 'CONTRACT REPAIR &MAINTENANCE
160672 6/22/2010 227.00 MINNESOTA STATE BAR ASSOC DUES & SUBSCRIPTIONS
160673 6/22/2010 4,386.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL
160674 6/22/2010 53.251MMBA OPERATING SUPPLIES
160675 6/22/2010 53.90 MORAN USA, LLC i COST OF SALES -MISC
160676 6/22/2010 130.00 MOWLEN, ALEX OTHER CONTRACTUAL
160677 6/22/2010 400.00 MPCA PERMITS
160678 6/22/2010 154.97 (NAME YOUR FRAME & PHOTOGRAPH) OPERATING SUPPLIES
160679 6/22/2010 343.44 ' NORTH CENTRAL LABORATORIES PROFESSIONAL SERVICES
160680 6/22/2010 125.00
NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL
160660 6/22/2010 50.00 MCLEOD COUNTY COURT ADMINISTRAOTHER REVENUES
- -- - - __ - + - -- -
160661 6/22/2010 250.00 f - MCLEOD COUNTY COURT ADMINISTR�OTHER REVENUES
160662 6/22/2010 35.00 MCLEOD COUNTY FAIR ADVERTISING
160663 6/22/2010 4,343.60 MEEKER WASHED SAND& GRAVEL RECEIVED NOT VOUCHERED
160664 6/22/2010 43.00 I MEHR, BRIAN TRAVEL SCHOOL CONFERENCE
- - -- - --- - - - - -
160665 6/22/20101 512.56 MENARDSHUTCHINSON EQUIPMENT PARTS
160666 6/22/2010' 230.00IMESSNER- WENDORFF,JESSICA RENTS- BLDGSOTHER
160667 6/22/2010 66.58 'METRO ATHLETIC SUPPLY INC _OPERATING SUPPLIES
160668 6/22/2010 130.00 MIES, MIKE TRAVEL SCHOOL CONFERENCE
160669 6/22/2010 8334 'MINI - BIFF RENTALS
160670 6/22/2010 7,485.00 (MINNESOTA DEPT OF HEALTH STATE WATER TESTING FEE
160671 6/22/2010 56.45 MI---- -
',NNESOTA SHREDDING 'CONTRACT REPAIR &MAINTENANCE
160672 6/22/2010 227.00 MINNESOTA STATE BAR ASSOC DUES & SUBSCRIPTIONS
160673 6/22/2010 4,386.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL
160674 6/22/2010 53.251MMBA OPERATING SUPPLIES
160675 6/22/2010 53.90 MORAN USA, LLC i COST OF SALES -MISC
160676 6/22/2010 130.00 MOWLEN, ALEX OTHER CONTRACTUAL
160677 6/22/2010 400.00 MPCA PERMITS
160678 6/22/2010 154.97 (NAME YOUR FRAME & PHOTOGRAPH) OPERATING SUPPLIES
160679 6/22/2010 343.44 ' NORTH CENTRAL LABORATORIES PROFESSIONAL SERVICES
160680 6/22/2010 125.00
NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL
160681
6/22/20101
282.00
NORTHERN BALANCE & SCALE
PROFESSIONAL SERVICES
160682
6/22/2010
404.28
NORTHERN BUSINESS PRODUCTS
OFFICE SUPPLIES
160683
6/22/2010
143.00
'NORTHERN LIGHTS BROADCASTING
ADVERTISING
160684
6/22/2010
43.62
NORTHERN STATES SUPPLY INC
EQUIPMENT PARTS
160685
6/22/20101
63.49
-- - -
NORTHLAND CHEMICAL CORP
- - -
CLEANING SUPPLIES
160686
6/22/2010',
55.29
NU- TELECOM
COMMUNICATIONS
160687
6/22/20101
10.99
NUSS TRUCK & EQUIPMENT
- CENTRAL GARAGE REPAIR
160688
6/22/2010
239.82
O'REILLY AUTO PARTS
CENTRAL GARAGE REPAIR
160689
6/22/20101
37.00
OFFICE OF ENTERPRISE TECHNOLOG
'TELEPROCESSING EQUIP
160690
6/22/2010
49.12
OUTDOOR MOTION
1CONTRACT REPAIR &MAINTENANCE
160691
6/22/2010
-
221.8 0
-
PAKOR INC
- - - - - -
',OPERATING SUPPLIES
160692
6/22/2010
130.00
'PA-
ULSON, HEIDE
- - -
OTHER REVENUES � T
160693'
6/22/2010!__
PAUSTIS & SONS WINE CO
COST OF SALES- LIQUOR
160694
6/22/2010' -
6,270.00
PEAT INC.
- - --
REED SEDGE '
160695
6/22/2010'
8,627.33
PHILLIPS WINE & SPIRITS
COST OF SALES -WINE
160696
-
6/22/2010
--
10.05
PLOTZ, GARY D
TRAVEL SCHOOL CONFERENCE
160697''
-
6/22/2010
50.00
_
POLLMANN, SARA
-
RECREATION ACTIVITY FEES
160698'
6/22/2010
242.00
POSTMASTER
POSTAGE
160699
6/22/20101
635.91
PREMIER POOL & SPA INC
REPAIR & MAINTENANCE SUPPLIES
5,362.27
PREMIER TECH PACKAGING
RECEIVED NOT
160700
6/22/2010',
855.91
PRO AUTO & TRANSMISSION REPAIR
GE REPAIR
CENTRAL GARAGE REPAIR
160702
6/22/2010
1,3.33.80
PRO CARE SERVICES INC
CT REPAIR & MAINTENANCE
160703
6/22/2010
26.90
PRO -BUILD
_CONTRA_
REPAIR & MAINTENANCE SUPPLIES
160704
6/22/2010
36.00
'PRO KOSCH, REBECCA
OTHER REVENUES
160705
6/22/2010
1.87
'QUADE ELECTRIC
REPAIR & MAINTENANCE SUPPLIES
160706
6/22/2010'
1,808.86
QUALITY FLOW SYSTEMS
EQUIPMENT PARTS
160707
6/22/2010
22,449.61
QUALITY WINE & SPIRITS CO.
COST OF SALES - LIQUOR
160708
6/22/2010
55.56
QUIZNOS
OPERATING SUPPLIES
160709'
6/22/2010_
190.63
RAMSEY COUNT_ Y COURT ADMIN
OTHER REVENUES
160710
6/22/2010
909.64
RECREONICS
REPAIR & MAINTENANCE SUPPLIES
160711
6/22/2010
10,393.73
REINER ENTERPRISES, INC
FREIGHT
160712
6/22/2010
64.00
ROLF, WADE_ & TAMRA
OTHER REVENUES
160713
6/22/2010
5,151.67
ROYALTIRE
RECEIVED NOT VOUCHERED
160714
6/22/2010
147.85
RUNNING'S SUPPLY
CENTRAL GARAGE REPAIR
160715
6/22/2010
439.05
SCHMELING OIL CO
MOTOR FUELS & LUBRICANTS
160716
6/22/20101
2,658.00
SCHOOL DIST # 423
OTHER REVENUES
160717
6/22/2010
506.80
SCOTT'S WINDOW CLEANING SERVIC
CONTRACT REPAIR & MAINTENANCE
160718
6/22/2010'
121.20
SEBORA, MARC
TRAVEL SCHOOL CONFERENCE
160719
6/22/20101
48.09
SEWING BASKET
UNIFORMS & PERSONAL EQUIP
160720
6/22/20101
75.00
SHAW, KAREN
PROFESSIONAL SERVICES
6/22/2010
79.00
SPS COMMERCE
EDI MONTHLY FEE
160722
-
6/22/2010i
64.50
ST. JOSEPH'S EQUIPMENT INC
CENTRAL GARAGE REPAIR
160723
_6/22/2010
27.79
--
_STANDARD PRINTING
- -
OFFICE SUPPLIES
-
160724
6/22/2010'
586.82
STAPLES ADVANTAGE
OFFICE SUPPLIES
160725
6/22/20101
237.64
STAR TRIBUNE
DUES & SUBSCRIPTIONS
160726'
6/22/2010
50.00
STARRETT, TERRA
RECREATION ACTIVITY FEES
160727
6/22/20101
25.00
STATE OF MINNESOTA DEPT OF PUB
PERMITS
160728
6/22/2010'
239.60
STAYWELL
OPERATING SUPPLIES
160729
6/22/2010.
71.59
STEWARTTITLE
ACCOUNTS PAYABLE MANUAL
160730
6/2.
/2 2/2010
27 7 .00
- - - -
TEK MECHANICAL
- -
REPAIR &MAINTENANCE SUPPLIES '
-- -
160731
6/22/2010
1,685 55
THE HARTFORD
EMPL.HEALTH & INS. BENEFIT
160732
6/22/2010
254.92
TOTAL FIRE PROTECTION
SAFETY SUPPLIES
160733'
6/22/2010'
_ -
20.60
TOWN & COUNTRY TIRE
CENTRAL GARAGE REPAIR
160734'
6/22/2010
76.00
- - - - -- -- -
TRAUTMAN, SUSAN
- - -- - -- -
OTHER REVENUES
160735
6/22/2010,
36,164.73
TREBELHORN & ASSOC
MOTOR FUELS & LUBRICANTS
160736'
6/22/2010'
289.76
TRI COUNTY WATER
OPERATING SUPPLIES
160737
6/22/20101
50.00
TROSKA, JESSE
RECREATION ACTIVITY FEES
160738'
6/22/2010
78.35
TRUE FABRICATIONS
COST OF SALES -MISC
160739
6/22/2010
158.27
TWIN CITY FILTER SERVICE INC
REPAIR & MAINTENANCE SUPPLIES
160740
6/22/2010
7,696.00
TWIN CITY PALLETS INC.
RECEIVED NOT VOUCHERED
160741
6/22/2010
188 -85
TWO WAY COMMUNICATIONS INC
REPAIR & MAINTENANCE SUPPLIES
160742
6/22/2010
195.00
UNIQUE TOOL INC
RECEIVED NOT VOUCHERED
160743
6/22/2010
10,560.00
UNITED PACKAGING & DESIGN
PALLET WRAP FILM
160744
6/22/2010
13.48
VALLEY NATIONAL GASES LLC
REPAIR & MAINTENANCE SUPPLIES
160745
6/22/2010
27.88
VANG, RAY
ACCOUNTS PAYABLE MANUAL
160746
6/22/2010
74.76
VERTECH SOLUTIONS & SERVICES
CONTRACT REPAIR & MAINTENANCE
160747
6/22/2010
450.00
VIEVU
OPERATING SUPPLIES
160748
6/22/2010
19,151.72
VIKING BEER
COST OF SALES -BEER
160749',
6/22/20101
661.99
VIKING COCA COLA
COST OF SALES -MISC
160750
6/22/20101
49100
VINOCOPIA INC
COST OF SALES -WINE
160751,
6/22/2010'
16.00
WALSH, REBECCA
RECREATION ACTIVITY FEES
160752_
6/22/20101
9,141.12
WASTE MA_NAGEM_ENT OF WI -MN
REFUSE - LANDFILL CHARGES
160753
6/22/2010
284.27
WASTE MANAGEMENT- SPRUCE RIDGE
REFUSE -LANDFILL CHARGES
160754
6/22/2010
1,428.21
WASTE MA_NAGEME_NT -TC WEST_
- RECYCLING
1607551
6/22/2010
2,304.00
WCCO -AM
_REFUSE
RECEIVED NOT VOUCHERED
160756
6/22/2010,
1_,476.62
i WEST PUBLISHING PAYMENT CTR
OPERATING SUPPLIES
160757,
6/22/2010'
141.12
'WHITE RABBIT VINEYARD & WINERY
COST OF SALES -WINE
160758,
6/22/20101
4,008.89
WINE COMPANY, THE
COST OF SALES -WINE
160759
6/22/20101
1,161.00 WINE MERCHANTS INC
COSTOFSALES -WINE
160760
6/22/2010'
18,174.93 WIRTZ BEVERAGE MINNESOTA
COST OF SALES -MISC
1607616/22/2010
15,307.53 WOODLINE SAWMILLS, INC.
RECEIVED NOT VOUCHERED
160762
6/22/2010
8,691.12 WORK CONNECTION, THE
OTHER CONTRACTUAL
160763
6_/22/2010
755.46 XEROX CORP
COPY MACHINE
160764
6/22/2010
957.57 IZEP MANUFACTURING CO
EQUIPMENT PARTS
160765
6/22/2010'
45.00 IZWIL_LING, TROY
TRAVEL SCHOOL CONFERENCE
856,101.16 Grand Total
Payment Instrument
Totals
Check Total
856,101.16
r
Total PaymE
856,101.16
U
PAYROLL DATE: 06/1812010
Period Ending Date: 06/12/2010
FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER
TO STATE AND IRS
DO NOT ISSUE CHECKS FOR THIS PAGE
AMOUNT
ACCTS
$24,074.49
9995.2034
$13,588.97
9995.2240
$3,981.98
9995.2242
NAME DESCRIPTION
WITH. TAX Employee Contribution - Federal Tax
ACCOUNT
Employee Contribution - Soc. Security
Employee Contribution - Medicare
$41,645.44 Sub-Total - Employee Contribution
$13,588.97 9995.2240 Employer Contribution - Social Security
$3,981.98 9995.2242 Employer Contribution - Medicare
$17,570.95 Sub -Total - Employer Contribution
$69,216.39 Grand Total - Withholding Tax Account
$11,563.42
9995.2035
MN DEPT OF REVENUE
Medicare
$17,337.47
99952241
PERA Employee Contribution - Pension Plan
$22,038.86
9995.2241
Employer Contribution - Pension Plan
$39,376.33
Sub- Total - PERA
$26.01 9995.2243 PERA -DCP Employee Contribution - Pension Plan
$26.01 9995.2241 Employer Contribution - Pension Plan
$52.02 Sub - Total - DCP
$39,426.35 GRAND TOTAL - PERA
Finance Director Approval
Per Journal EnViea DBbrenee
Fica
$
27,177.94
Medicare
$
7,963.96
Withholding
$
24,074.49
Total
$
59,216.39 $0.00
Stab Tax $ 11,563.42 $0.00
Pera $ 39,402.34
DCP $ 26.01
Total $ 39,428.35 $0.00
c, Lk—)
NBUVED
JUAN p 1 2010
CITY OF HUTCHINSON
FRANCHISE AGREEMENT P s
APPLICATION
Date: 6/1/10
Property Address: 130 Washington Ave. E. Zoning District: C - 3
Applicant: _Cheryl Dooley
Work Phone: 587 -6115
Home Phone:
Legal Description of property: LOi 1 '4- N ZL of Lot 2 4loct- -? J ,
Description of request: _install a flag pole in front of our building (Washington Ave. )
Certificate of Liability Insurance:
Site drawing of request:
f lcko pole
Signature :,
C,,-+�
This is an application only. The request must be approved by the Hutchinson City Council and
an ordinance published.
Lo—)
Ordinance No. 10.0550
Publication No.
AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, GRANTING A FRANCHISE TO CHERYL
DOOLEY, HOMETOWN REALTY, TO PLACE A FLAG POLE ON CITY PROPERTY AT 130 WASHINGTON
AVENUE EAST
THE CITY OF HUTCHINSON ORDAINS:
Section 1. The City of Hutchinson, in the County of McLeod, State of Minnesota, hereafter referred to as Grantor,
hereby grants to Cheryl Dooley, Hometown Realty, hereafter referred to as Grantee, a franchise to place a flag pole on City
owned property at 130 Washington Avenue East.
Section 2. The franchise is granted commencing on the date of the acceptance of the franchise. Grantee shall file a
written acceptance of the franchise with the City Administrator of the City of Hutchinson within ten (10) days after the
effective date of this ordinance. The franchise shall become effective only when the acceptance has been filed and evidence of
general comprehensive and liability insurance provided for in this grant of franchise has been filed and approved. The filing
fee has been waived by City Council.
Section 3. Grantor reserves the right to enforce reasonable regulations concerning construction, operation and
maintenance of facilities located along, over and under the public premises before mentioned and the placement of such
facilities.
Section 4. Grantee shall indemnify and defend Grantor, its boards, commissions, officers, agents and employees, in
any and all other public agencies, and their members, officers, agents and employees, against any and all liabilities for injury to
or death of any person or any damage to any property caused by Grantee, its officers, agents or employees in the construction,
operation or maintenance of its property, or arising out of the exercise of any right or privilege under the franchise.
Section 5. At all times during the term of the franchise, Grantee will, at its own expense, maintain in force general
comprehensive liability insurance, with an insurance company approved by the City of Hutchinson, with limits approved by the
policies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for
bodily injury, death or property damage occasioned by the activities of the Grantee under the franchise.
Section 6. Grantee shall not have the right to assign the franchise otherwise transfer it in any manner whatsoever or
sell, lease, license, mortgage, or permit others to use transfer in any manner whatsoever any interest in all or any part of its
facilities that are installed or operated under this grant, except on prior written approval by ordinance of the City Council of the
City of Hutchinson.
Section 7. In the event that Hometown Realty, should fail to use the franchise for one calendar year, this franchise
shall be deemed null and void and shall revert to the City of Hutchinson without any action on the part of the City of
Hutchinson whatsoever.
Section 8. The City may at the point of expiration of this franchise or for public purposes request that the
encroachments be removed from the rights of way at the Grantees expense.
Section 9. This ordinance shall take effect from and after passage and publication, subject to the provision above
requiring written acceptance by Cheryl Dooley, Hometown Realty.
Adopted by the City Council, this 13th day of July, 2010.
Mayor
Attest:
City Administrator
Published in the Hutchinson Leader on
First Reading: June 22, 20 10 Second Reading: July 13, 20 10 9 / „ \
C
TO: Mayor & City Council
FROM: Kent Exner, City Engineer
RE: Assessment Hearing for Sherwood Street SE Extension Project
(Letting No. 2/Project No. 10 -02)
DATE: June 22, 2010
The Cit� received nine (9) bids for the Sherwood Street SE Extension project letting that were opened on Wednesday,
June 2 (see attached Bid Tabulation). R & R Excavating of Hutchinson, MN, submitted the apparent low bid in the
amount of $739,591.17. This bid is approximately 5% lower than the final Engineer's Estimate for this project.
Based on City staff's review, the bid by R & R Excavating appears to be complete and responsive. Per the bid unit
prices, City staff has calculated the proposed improvement assessments for the three adjacent property owners, and they
are slightly lower than previously communicated estimates (see attached Assessment Roll). City staff has worked closely
with the adjacent property owners as this project has proceeded to address any construction and assessment issues.
Attached is the final Assessment Roll and necessary Resolutions to award this project. City staff will provide a brief
overview of the bids and project prior to opening the Assessment Hearing.
We recommend approving the attached Assessment Roll and Resolutions.
cc: Gary Plotz— City Administndo
UD)
CITY OF HUTCHINSON, 111 HASSAN ST SE, HUTCHINSON UN 65350 320-23"209
BID TABULATION - CITY OF HUTCHINSON LETTNIG 90, 71PROJECT NO. 1 O.02 - SMnuaod St U Knono4w
BID OPENING: O NS2=1 O AT 10:30 AY ENGINEER'S ESTIIIIATE $775,000.00 "
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ASSESSMENT ROLL NO. 6094 put c4pd
LETit*G NO. 21PROJECT NO. 10-02
m.aapa 66ad 6E Baendpn Po yfi San Eanrnlon Aw eE b Airport M BE (0841 1157 by nw roaddwY cOrwauctan aM uWty
M agar YnufYbn4 YCt awtrucbon d truY1 ntl la4dal Mum ewer dtl aadm.aar.tnepa npvanvm, bunt rxl
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NUMBER OF YFMB:
10
COMPUTED BY: P VANDER VEEN
INTEREST RATE
CHECKED BY: K EXNER
1ST HEART Ni:
06N4fM10
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ADOPTED:
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$12,27500
$Om
$000
$000
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$131,120.00
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aW tdtporanry a1CV wa com aawaWaa awl any aauaenW aeM1nda Taa, an aaailluW $2",I5 W of anprowln.m
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property Darr pwr Ua raapacfiaa aaauarrrra payrava ryr ) to H c bayirvwrp alaaan y cars ham tM pro',t
a4rt (aaen br dalarrW aawaunante a4Y ba c alas) or pnor w ui Y Nwwpnue u WNataO on Ina aajanru property.
5 Sas aaaneuman la paq in Iu0 w year 11 (2031). City 2594 nkrouw HAHC la 603 d irurut lane part 1 to 1012011 to 2020}
$6.00
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$LSO
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ITOTAL ASSESSMENT ROLL NO. 5091
14,aLM
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RESOLUTION NO. 13755
RESOLUTION ADOPTING ASSESSMENT
ASSESSMENT ROLL NO. 5094
LETTING NO. 2/PROJECT NO. 10-02
WHEREAS, pursuant to resolution and waiver of hearing the Council has met and reviewed the
proposed assessment for improvement of:
Sherwood Street SE Extension Project from Edmonton Ave SE to Alrport Rd SE (CSAH 115) by new
roadway construction and utility infrastructure installations including construction of trunk and lateral
storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services,
trunk and lateral waterrnaln and services, grading, aggregate base, concrete curb and gutter, trail,
bituminous surfacing, lighting, landscaping, restoration and appurtenances.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
1. Such proposed assessment, a copy of which Is attached hereto and made a part hereof, is
hereby accepted, and shall constitute the special assessment against the lands named therein, and each had
of land therein included is hereby found to be benefited by the proposed improvement in the amount of the
assessment levied against it.
2. Such assessment shall be payable in equal annual Installments extending over a period often (10)
years, the first of the installments to be payable on or before the first Monday in January, 2011 and shall bear
interest at the rate of percent per annum as set down by the adoption of this assessment resolution.
To the first installment shall be added interest on the entire assessment from November 1, 2010, until the 31st
day of December 2011. To each subsequent installment when due, shall be added interest for one year on all
unpaid installments.
3. The owner of any property so assessed may, at any time prior to certification of the assessment to
the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of
payment, to the City Finance Department, except that no interest shall be charged if the entire assessment is
paid by the 15th day of November, 2010; and he may, at any time thereafter, pay to the City Finance
Department the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of
December, of the year in which such payment is made. Such payment must be made before November 15, or
interest will be charged through December 31, of the next succeeding year.
4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County, and such assessment shall be collected and
paid over in the same manner as other municipal taxes.
Adopted by the Council this 22nd day of June 2010.
Mayor
City Administrator
9('6)
RESOLUTION NO. 13758
RESOLUTION ACCEPTING BID AND AWARDING CONTRACT
LETTING NO. 21PROJECT NO. 10 -02
Whereas, pursuant to an advertisement for bids for the furnishing of all labor and material for the improvement of
Sherwood Street SE Extension Project from Edmonton Ave SE to Airport Rd SE (CSAH 115) by new
roadway construction and utility infrastructure installations including construction of trunk and lateral
storm sewer and treatment/drainage improvements, trunk and lateral sanitary sewer and services, trunk
and lateral watermain and services, grading, aggregate base, concrete curb and gutter, trail, bituminous
surfacing, lighting, landscaping, restoration and appurtenances; and
bids were received, opened and tabulated according to law, and the following bids were received complying with
the advertisement
Bidder
R & R Excavating Inc of Hutchinson MN
Hjerpe Contracting Inc of Hutchinson MN
Wm. Mueller & Sons Inc of Hamburg MN
Duininck Bros Inc of Prinsburg MN
S R Weidema Inc of Maple Grove MN
Geislinger & Sons of Watkins MN
Chad Monson Excavating of Willmar MN
Northdale Construction of Willmar MN
Burschville Construction of Hanover MN
Amount Bld
$ 739,591.17
$ 778,724.25
$ 777,939.59
$ 779,717.19
$ 795,922.50
$ 821,317.00
$ 819,222.00
$ 843,909.85
$ 978,320.95
and whereas, it appears that R & R Excavating Inc of Hutchinson MN Is the lowest responsible bidder.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON,
MINNESOTA:
The mayor and city administrator are hereby authorized and directed to enter into a contract with R & R
Excavating Inc of Hutchinson MN in the amount of $739,591.17 in the name of the City of Hutchinson, for
the improvement contained herein, according to the plans and specifications therefor approved by the
City Council and on file in the office of the City Engineer.
2. The City Engineer is hereby authorized and directed to return forthwith to all bidders the deposits made
with their bids, except that the deposits of the successful bidder and the next lowest bidder shall be
retained until a contract has been signed, and the deposit of the successful bidder shall be retained until
satisfactory completion of the contract.
Adopted by the Hutchinson City Council this 22nd day of June 2010.
Mayor
City Administrator
���
CITY OF HUTCHINSON FINANCIAL REPORTS (MAY 2010 AS OF 0611712010)
$ 4,117,053.50 $ 682,363.89 $ 3,915,339.14 511,139,000.00 $ 7,223,880.86 35%
1 110)
2009
2010
2010
2010
2010
MAY
EXPENDITURES BY
MAY
MONTH OF
MAY
ADOPTED
BALANCE
PERCENT
DESCRIPTION:
YTD
MAY
YTD
BUDGET
REMAINING
USED
TAXES
-
-
-
4,404,300.00
4,404,300.00
0%
LICENSES
43,822.13
870.00
44,669.62
58,281.00
13,611.38
77%
PERMITS
72,653.29
6,453.40
49,510.63
297,596.00
248,085.37
17%
INTERGOVERNMENTAL REVENUE
55,100.23
8,777.65
47,742.45
2,164,243.00
2,116,500.55
2%
CHARGES FOR SERVICES
587,864.22
121,057.84
560,787.41
1.767,647.00
1,206,859.59
32%
FINES & FORFEITS
7,958.53
5,055.50
12,962.87
45,000.00
32,037.13
29%
INTEREST ON INVESTMENTS
(52,316.13)
-
(1,134.47)
70,000.00
71,134.47
-2%
REIMBURSEMENTS
254,804.83
64,575.22
187,543.69
419,850.00
232,306.31
45%
TRANSFERS
417,261.64
94,471.81
358,576.36
1,901,083.00
1,542,506,64
19%
SURCHARGES
2,262.15
216.55
506.74
1,000.00
493.26
51%
FUND BALANCE
-
-
-
10,000.00
10,000.00
0%
TOTAL REVENUES
S 1,389,410.89
$ 301,477.97
$ 1,261,165.30
$ 11,139,000.00
E 9,877,834.70
11%
$ 4,117,053.50 $ 682,363.89 $ 3,915,339.14 511,139,000.00 $ 7,223,880.86 35%
1 110)
2009
2010
2010
2010
2010
MAY
EXPENDITURES BY
MAY
MONTH OF
MAY
ADOPTED
BALANCE
PERCENT
DEPTARTMENT:
YTD
MAY
YTD
BUDGET
REMAINING
USED
MAYOR & CITY COUNCIL
15,518.38
2,704.84
14,067.85
56,310.00
42,242.15
25%
ADMINISTRATION
154,886.35
26,555.14
161,924.77
408,020.00
246,095.23
40%
ELECTIONS
-
875.32
1,137,32
14,000.00
12,862.68
8%
FINANCE DEPARTMENT
247,157.13
47,453.64
197,122.97
512,296.00
315,173.03
38%
MOTOR VEHICLE
107,722.44
18,034.66
117,994.56
234,028.00
116,033.44
50%
ASSESSING
-
-
-
61,911.00
61,911.00
0%
LEGAL
77,597.98
16,219.67
80,485.68
230,363.00
149,877.32
35%
PLANNING
58,072.73
5,935.97
29,603.67
152,746.00
123,142.33
19%
INFORMATION SERVICES
108,056.64
20,604.81
125,402.11
283,083.00
157,680.89
44%
POLICE DEPARTMENT
1,186,660.51
192,508.13
1,124,671.69
3,060,716.00
1,936,044.31
37%
EMERGENCY MANAGEMENT
3,923.74
109.37
9,046.88
18,000.00
8,953.12
50%
SAFETY COMMITTEE
5,575.00
-
5,700.00
13,450.00
7,750.00
42%
FIRE DEPARTMENT
124,412.81
17,020.49
131,037.54
437,194.00
306,156.46
30%
PROTECTIVE SERVICES
98,914.87
13,491.08
85,598.99
268,773.00
183,174.01
32%
ENGINEERING
191,109.10
31,022.59
173,476.32
462,781.00
289,304.68
37%
STREETS & ALLEYS
473,623.50
60,225.98
423,321.19
1,416,898.00
993,576.81
30%
CITY HALL BUILDING
47,672.89
8,347.80
48,338.51
143,532.00
95,193.49
34%
PARK/REC ADMINISTRATION
81,065.09
22,143.82
69,111.22
211,466.00
122,354.78
42%
RECREATION
70,531.78
17,025.44
76,594.21
219,566.00
142,971.79
35%
SENIOR CITIZEN CENTER
25,060.50
7,593.65
31,645.39
81,783.00
50,137.61
39%
CIVIC ARENA
150,763.27
13,689.62
142,568.34
326,489.00
183,920.66
44%
PARK DEPARTMENT
258,145.23
62,375.72
255,304.64
728,460.00
473,155.36
35%
RECREATION BLDG & POLL
67,836.90
10,339.80
61,018.74
141,716.00
80,697.26
43%
EVENT CENTER
103,562.72
12,802.51
84,604.00
231,903.00
147,299.00
36%
EVERGREEN BUILDING
5,450.51
1,00179
4,968.56
14,050.00
9,081.44
35%
LIBRARY
86,892.10
38,873.98
86,524.94
189,454.00
102,929.06
46%
CEMETERY
63,129.93
15,777.78
46,571.59
134,541.00
87,969.41
35%
AIRPORT
30,298.29
10,346.80
35,643.94
109,528.00
73,884.06
33%
UNALLOCATED GENERAL EXP.
273,413.21
9,283.49
271,853.52
975,943.00
704,089.48
28%
TOTAL EXPENDITURES
$ 4,117,053.60
$ 682,363.89
$ 3,915,339.14
$ 11,139,000.00
$ 7,223,660.86
- 35%
$ 4,117,053.50 $ 682,363.89 $ 3,915,339.14 511,139,000.00 $ 7,223,880.86 35%
1 110)
2009
2010
2010
2010
2010
MAY
EXPENDITURES BY
MAY
MONTH OF
MAY
ADOPTED
BALANCE
PERCENT
FUNCTION OF GOVERNMENT:
YTD
MAY
YTD
BUDGET
REMAINING
USED
GENERAL GOVERNMENT
816,684.54
160,527.87
776,077.44
2,096,289.00
1,320,211.56
37%
PUBLIC SAFETY
1,419,486,93
254,151.66
1,356,055.10
3,798,133.00
2,442,077.90
36%
STREETS & ALLEYS
664,732.60
68,573.78
596,797.51
1,879,679.00
1,282,881.49
32%
PARKS & RECREATION
849,308.10
163,702.51
832,340.04
2,144,887.00
1,312,546.96
39%
MISCELLANEOUS
366,841.43
35,408.07
354,069.05
1,220,012.00
865,942.95_
29%
$ 4,117,053.50 $ 682,363.89 $ 3,915,339.14 511,139,000.00 $ 7,223,880.86 35%
1 110)
Institution
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Smith Barney
Edward Jones
Wells Fargo
Wells Fargo
Wells Fargo
Wells Fargo
Wells Fargo
Wells Fargo
Wells Fargo
UBS Financial
UBS Financial
Description
CD's
FHLB
CD's
CD's
CD's
CD's
FHLB
FHLM - Step
FNMA - Step
FHLM - Step
FHLM - Step
FNMA - Step
FNMA - Step
FHLB - Step
FHLB - Step
FHLB - Step
CITY OF HUTCHINSON
INVESTMENT REPORT
May 31, 2010
Date
Date
Interest
of
Rate
Purchase
2.75 % -3.15%
5/20/2009
5.200%
4/22/2010
3.3 % -3.4%
6/10/2009
2.450%
7/22/2009
1.400%
1/2712010
1.400%
1/22/2010
2.000%
3/26/2008
2.000%
4/29/2010
3.000%
12/28/2009
2.000%
1/13/2010
2.625%
4/28/2010
2.250%
8/20/2009
3.250%
1/20/2010
2.000%
5/17/2010
2.000%
3/23/2010
4.125%
5/10/2010
Date
of
Maturity
Amount
5/29/2012
350,000.00
4/15/2015
500,000.00
6/10/2013
300,000.00
7/23/2012
500,000.00
1/27/2012
248,000.00
1/23/2012
496,000.00
3/26/2012
500,000.00
10/29/2016
650,000.00
12/2812016
500,000.00
1/13/2017
500,000.00
10/28/2010
600,000.00
8/20/2014
1, 000, 000.00
1/20/2017
500,000.00
5/17/2016
500,000.00
3/23/2016
500,000.00
4/29/2025
500,000.00
$ 8,144,000.00
MINUTES
HUTCHINSON PLANNING COMMISSION
Tuesday, May 18, 2010
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman John Lofdahl at 5:30 p.m. with the following members
present: Chris Kovacic, Christie Rock, Jim Fahey, Chad Czmowski, Dean Kirchoff , Dave Johnston
and Chairman Lofdahl. Absent: None Also present: Gary Plotz, City Administrator, Kent Exner,
City Engineer, Marc Sebora, City Attorney and Bonnie Baumetz, Planning Coordinator
2. PLEDGE OF ALLEGIANCE
3. CONSENT AGENDA
a) Consideration of Minutes dated April 20, 2010
Mr. Kovacic moved to approve the consent agenda as submitted. Seconded by Mr. Johnston.
The consent agenda was approved unanimously with the change in the minutes noting Vice
Chairman Kovicic opened the public hearings in Chairman Lofdahl's absence.
4. PUBLIC HEARINGS
a) VARIANCE TO ALLOW REDUCTION IN PARKING STALL LENGTH AND SITE PLAN REVIEW
REQUESTED BY JOE FREDRICK, BUFFALO WILD WINGS, TO DEVELOP A BUFFALO
WILD WINGS GRILL AND BAR TO BE LOCATED IN LOT 1, BLOCK 1, HUTCHINSON MALL
PLAT 3.
Chairman Lofdahl opened the hearing at 5:31 p.m. with the reading of publication #7811 as
published in the Hutchinson Leader on May 6, 2010.
Mr. Plotz commented on the site plan review. He noted that a one stop shop for Buffalo Wild
Wings was held on April 29'". The projected start construction date is the middle of June this
year with an opening date of October, 2010. It was determined at the one stop shop that the
parking stall length requirement will not be met and the applicant requested a variance to
reduce parking stall length from 20 feet to 18 feet. He reported the applicant notes the unique
circumstance of the lot as "With the existing roads on the north and east sides of lot and the
easement on the southwest comer, they are unable to move the building to accommodated 20
foot parking stall length." The undue hardship stated as "The diagonal shape of the easement
restricts use of the property. This area is unique because of existing street and easement."
Mr. Plotz explained that the proposed improvements appear to meet zoning ordinance
requirements. Staff recommends approval of the site plan subject to the following findings and
recommended conditions:
The standards for granting a variance have been met, including the finding of undue
hardship and uniqueness. The characteristics of the property were not created by the
applicant and the proposed parking configuration would not alter the character of the
locality and undue hardship of the shape of the easement restricts use of the property.
The proposed building and site improvements would comply with the standards of the C-4
district and the zoning ordinance, subject to the conditions stated.
Site must be to 6" of grade for electrical and natural gas installation.
I I tc)
Minutes
Planning Commission — May 18, 2010
Page 2
4. Address City Engineer's comments on the May 10, 2010, memo. Protection of the fire
hydrant.
5. All signage shall meet ordinance requirements. Sign permits are required prior to
installation of the signage.
6. A SAC/WAC fee which will be determined by the number of fixture units and based on use
and size per sq. ft. and a parkland contribution fee of $1,247.00 will be due at the time of
building permit.
7. Exterior lighting must be indirect and shall not cause glare to adjacent properties.
8. Exterior refuse collection area must be fully screened.
Discussion followed on item number 4 of the Engineer's memo regarding traffic control. The
consensus of the Commissioners is the item should also state "subject to approval of the City
Engineer°.
Mr. Fahey made a motion to close the hearing. Seconded by Mr. Kovacic, the hearing closed at
5:42 p.m. Mr. Kovacic made a motion to recommend approval of the request with staff
recommendations and modification to #4 of the Engineer's memo. Seconded by Mr. Fahey, the
motion carried unanimously. Chairman Lofdahl stated this item will be placed on the City
Council consent agenda at their meeting held May 25, 2010 in the Council Chambers at 5:30
p. M.
b) PRELIMINARY AND FINAL PLAT OF "SITZ SUBDIVISION" TO PLAT THE SHERWOOD
STREET S.E. RIGHT OF WAY ALONG THE EASTERLY EDGE OF THE PROPERTY
LOCATED EAST OF MENARDS.
Chairman Lofdahl opened the hearing at 5:43 p.m. with the reading of publication #7811 as
published in the Hutchinson Leader on May 6, 2010.
Mr. Plotz explained the location of the property and the configuration of the street. He
commented on the request to plat a 36.8 acre property owned by Hazel Sitz. He explained the
annexation was approved by City Council on April 27, 2010. The Ordinance of annexation was
be mailed to the Minnesota Office of Administrative Hearings for their approval May 19, 2010.
The plat will allow platting of the Sherwood Street S.E. right of way. At this time, there are no
plans for development of Outlot A. He reported the request to plat is for the purpose of
extending Sherwood Street S.E. to the north through the Sitz property. Staff recommends
approval of the plat with the following recommendations and findings:
The final plat shall be recorded at the McLeod County Recorder's Office within 270 days of
approval
Discussion followed on the existing street right of way and the intent to vacate. Mr. Exner
explained the procedure to vacate the existing county right of way. He stated the driveway for
Lot 6, of the Breezy Meadows plat will be off the new Sherwood street.
Mr. Kirchoff made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at
5:47 p.m. Mr. Kirchoff made a motion to recommend approval of the request with staff
recommendations. Seconded by Ms. Rock, the motion carried unanimously. Chairman Lofdahl
stated this item will be placed on the City Council consent agenda at their meeting held May 25,
2010 in the Council Chambers at 5:30 p.m.
l�tr-)
Minutes
Planning Commission — May 18, 2010
Page 3
5.
c) PRELIMINARY AND FINAL PLAT OF "SOUTHWIND FOURTH ADDITION" TO CONTINUE
THE SHERWOOD STREET S.E. RIGHT OF WAY CONNECTION.
Chairman Lofdahl opened the hearing at 5;48 p.m. with the reading of publication #7811 as
published in the Hutchinson Leader on May 6, 2010.
Mr. Plotz stated the property to be platted is a portion of Outlot A, Southwind Second Addition.
The new plat would provide street right of way to connect Sherwood Street S.E. between the
Sitz Subdivision plat and the Southwind plat. The request to plat is for the purpose of providing
street right of way to connect Sherwood Street S.E. between the Sitz Subdivision plat and the
Southwind plat. Staff recommends approval of the plat with the following recommendation and
finding:
1. The final plat shall be recorded at the McLeod County Recorder's Office within 270 days
of approval
Mr. Fahey made a motion to close the hearing. Seconded by Ms. Rock the hearing closed at
5:49 p.m. Mr. Johnston made a motion to recommend approval of the request with staff
recommendations. Seconded by Mr. Fahey, the motion carried unanimously. This item will be
placed on the City Council consent agenda at their meeting held May 25, 2010 in the Council
Chambers at 5:30 p.m.
a) SITE PLAN REVIEW REQUESTED BY LEAH BERLIN, KWIK TRIP INC., TO DEVELOP A
CONVENIENCE STORE WITH CAR WASH ON PROPERTY LOCATED ON LOT 1, BLOCK 1,
MONTREAL PLACE.
Mr. Plotz explained the location of the property and commented on the one stop shop that was
held with representatives of Kwik Trip Inc. on April 28, 2010. They indicated a start construction
date of Spring, 2011. The development is a convenience store /carwash with 3 grades of
gasoline. There was discussion on the on -site traffic flow and the construction of Montreal
Street. The City has completed their part of the Montreal Street construction. The property
owner is responsible for completion of the street.
The proposed improvements appear to meet zoning ordinance requirements. Staff recommends
approval of the site plan subject to the following findings and recommendations::
1. The proposed building and site improvements would comply with the standards of the G2
district and the zoning ordinance sections for automotive service station standards and car
wash standards, subject to the conditions stated.
2. Site must be to 6" of grade for electrical and natural gas installation.
3. Address City Engineer's comments on the May 10, 2010, memo along with the SWPPP
review checklist with comments from the City Environmentalist. (Attached)
4. All signage shall meet ordinance requirements. Sign ordinance language is being amended
to include moving message type signs. Sign permits are required prior to installation of the
signage.
5. A SAC/WAC fee which will be determined by the number of fixture units and based on use
and size per sq. ft. and a parkland contribution fee of $2236.00 will be due at the time of
building permit.
6. Exterior lighting must be indirect and shall not cause glare to adjacent properties.
7. Exterior refuse collection area must be fully screened.
1 (<)
Minutes
Planning Commission — May 18, 2010
Page 4
Mr. Czmowski made a motion to recommend approval of the site plan with staff
recommendations and findings. Seconded by Ms. Rock the motion carried unanimously and will
be placed on the City Council consent agenda at their meeting to be held May 25, 2010 at 5:30
p.m. in the Council Chambers.
6. OLD BUSINESS
NONE
7. COMMUNICATION FROM STAFF
Mr. Plotz prefaced the need to change the shoreland ordinance. Atty. Sebora explained the
informational piece on changes to the ordinance. He commented on the procedure to amend the
ordinance with a 10 day waiting period to go the DNR for comment. The City Council will decide
on the revisions to the ordinance. Some of the changes would include: defining impervious surface,
defining what is to be use in determining the coverage of lots, variance requirements and building
height allowed in the shoreland district
Mr. Plotz introduced the new planner Dan Jochum. Mr. Jochum commented on his experience in
planning.
8. ADJOURNMENT
There being no further business the meeting adjourned at 6:15 p.m. with a motion by Mr.
Czmowski, second by Mr. Kirchoff.
9. WORKSHOP ON VARIANCES BY JED BURKETT, LMC
1 cc-)
MINUTES
HUTCHINSON AREA JOINT PLANNING BOARD
Wednesday, April 21, 2010
Hutchinson City Council Chambers
CALL TO ORDER 5:30 P.M.
The meeting was called to order by Chairman Jim Lauer at 5:30 p.m. with the following members
present: Tom Wirt, Larry Karg, Grant Knutson, Garrett Luthens, Jim Haugen and Chairman Lauer.
Absent: None Also present: Lary Gasow, McLeod County Zoning Administrator, Gary Plotz, City
Administrator, Marc Sebora, City Attorney, Marc Telecky, McLeod County Assistant Zoning
Administrator and Bonnie Baumetz, Planning Coordinator
2. ELECTION OF OFFICERS
Chairman Lauer called for nominations for Chairman. Mr. Wirt moved to nominate Mr. Lauer for
Chairman. Mr. Knutson moved nominations cease. Seconded by Mr. Wirt nominations ceased. Mr.
Wirt cast a unanimous ballot to elect Mr. Lauer as Chairman, seconded by Mr. Knutson the motion
carried for Mr. Lauer as Chairman. Chairman Lauer called for nominations for Vice Chairman. Mr.
Haugen moved to nominate Mr. Wirt for Vice Chairman. Seconded by Mr. Knutson who moved to
cast a unanimous ballot for Mr. Wirt as Vice Chairman. Seconded by Mr. Haugen the motion carried
to elect Mr. Wirt as Vice Chairman.
3. APPROVAL OF MINUTES
a) Consideration of Minutes dated February 17, 2010.
Mr. Wirt made a motion to approve the minutes of February 17, 2010. Seconded by Mr.
Luthens the motion carried unanimously.
4. PUBLIC HEARINGS
a) PRELIMINARY PLAT OF CRIPPS ADDITION LOCATED IN SECTIONS 30 AND 31,
HUTCHINSON TOWNSHIP AT 20100 RAVEN AVENUE SUBMITTED BY SCOTT CRIPPS,
PROPERTY OWNER
Chairman Lauer opened the hearing at 5:33 p.m. with the reading of publication #7800
published in the Hutchinson Leader on Thursday, April 8, 2010
Mr. Gasow commented on the request for a two lot plat. He stated the soil boring are
compatible. He stated Environmentalist Roger Berggren recommends the northwesterly area for
septic. Mr. Gasow stated The existing lot is currently zoned "Agricultural ". The quarter -quarter
has six existing residences. This split will become the seventh residence which will keep it
zoned as agricultural. He explained more than eight residences is the threshold for rezoning to
residential in the Joint Planning Area.
Mr. Gasow reported staff has concerns with potential low lying areas in the southerly portion of
the property. The McLeod County Environmentalist and a septic contractor did soil borings last
fall within the proposed lot area. Initial findings would support a septic system.
Mr. Gasow commented access from the new lot must be from Raven Ave. Mr. Cripps
commented on the plat and discussed driveway access. This is the preliminary work and the
plat will go to the township for driveway access. Discussion followed on concerns with the low
lot. Mr. Cripps explained where the water accumulates when there is a heavy rain. Discussion
Minutes
Joint Planning Board — April 21, 2010
Page 2
followed on the access drive as a recommendation of staff and recommending the building and
septics on the north '/ of the lot. Mr. Gasow stated this is preliminary and when the building
application comes in the recommendation will be then.
Mr. Cripps wanted clarification for the future when he wants a building permit. Mr. Knutson
stated the site meets the specs of the ordinance today. Mr. Telecky commented on the
ordinances and the process in the past noting access must be 225 feet from the right of way of
any intersection. The plat shows the buildable area. Mr. Cripps commented on his perception
of placement of a future building.
Mr. Karg moved to close the hearing. Seconded by Mr. Wirt. The hearing closed at 5:44 p.m.
Mr. Wirt made a motion to approve the request with staff recommendations. Seconded by Mr.
Knutson, the motion carried unanimously. Mr. Gasow stated this item would be forwarded to the
County Board and placed on their regular agenda, May 4, 2010 at 10:00 a.m.
5. NEW BUSINESS
a) FINAL PLAT OF JOHNSON'S ADDITION TO WOODVIEW ACRES LOCATED IN SECTION 25,
ACOMA TOWNSHIP, SUBMITTED BY WAYNE JOHNSON, PROPERTY OWNER
Mr. Telecky commented on the request of a 2 lot final plat. The Title Opinion has met approval
from the County Attomey. Staff recommends approval noting the plat must be recorded within
90 days of County Commissioners approval.
Mr. Johnson will be writing covenants for the additional lot.
Mr. Karg made a motion to approve the request with staff recommendations. Seconded by Mr.
Haugen, the motion carried unanimously. Mr. Telecky stated this item would be forwarded to
the County Board and placed on their consent agenda, May 4, 2010 at 9:00 a.m.
6. OLD BUSINESS
7. COMMUNICATION FROM STAFF
Atty. Sebora reported the City has identified several topics including orderly annexation in the next
5 years. Discussion followed regarding townships being proactive with orderly annexation. Atty.
Sebora reported the city is in the process of hiring a planning director which will aid in the process.
Mr. Plotz stated the comp plan was part of the discussion with planner candidates. He explained
that hopefully a planner will be on board in 30 days. The City was looking for a planner with
experience in comprehensive planning and writing comp plans. He explained the city would write
the plan in -house to save money and definitely involve the townships. Discussion followed to invite
the townships in the early stages of writing the plan.
8. ADJOURNMENT
There being no further business Mr. Wirt moved to close the meeting. Seconded by Mr. Karg, the
meeting adjourned at 5:57 p.m.
Ild)
Planning, Zoning, and Building Dept Monthly Report
May 2010
Building Department Permit Activities
Planning. Zoning, and Building Department— Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in May
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
512009
5/2010
2009 Year to Date
2010 Year to Date
Total Number Inspections
161
126
581
590
Building Permits Issued by Type
Number of
Permits &
Valuation
Number of
Permits &
Valuation
Number of Permits
& Valuation
Year to Date
Number Permits
& Valuation
Commercial new
0
0
1 -$15,000
0
Commercial Additions/ Remodels
6-$545,500
8 - $340,740
23 - $4,683,100
30 - $1,510,135
Industrial (new)
0
0
0
0
Industrial Additions /Remodels
0
0
1-$418,800
0
Fire Sprinkling
2-$79,266
0
5-$54,115
3 - $45,150
Total New Residential Units (Single Family, twins, townhomes)
2-$312,000
0
1 -$208,000
1 -$203,000
Residential misc. additions, repairs, remodels, etc
38-$63,000
15-$22,450
24 - $168,310
53 - $207,265
Set fee permits reside, reroof, window replacement, misc. •
58
66
187
181
Subtotal Building Permits:
$999,766
$363,190
$5,547,325
$1,965,550
Mechanical
18-$14,700
15
79 - $300,640
83 - $259,091
Plumbing*
4
7
30-$14,253
32
Signs*
6
1 4
24
22-$108
Total Permits issued and valuation
134 - $1,014,466
115- $363,190
375 - $5,862,218
405 - $2,224,749
Set fees not included in valuation
Planning. Zoning, and Building Department— Other Activities
Facilities Management/Maintenance Activities:
Evergreen Meals served in May
Park Silver
Week Of Hutchinson Towers Lake Glencoe Brownton Stewart
513 -5f7
303
163
90
158
411
54
5/10 -5/14
286
169
94
145
44
80
5/17 -5/21
304
171
76
171
49
67
5/24 -5/28
307
169
74
144
46
64
Closed 5131
Total
1200
672
334
618
180
265
Total Meals Served in May - 3,269
Educational Activities: Kyle and Lenny both attended the SW MN ICC Chapter Meeting on May 19, 2010 at Redwood Falls
jDan and Lenny also attended the Shore Land Management Meeting on May 26, 2010.
\ l/
V
Planning, Zoning, and Building Dept.
Monthly Report for May 2010
Page 2
Planning and Zoning Monthly Activities MonthNear: May, 2010
Activity
Number
Additional Info.
Zoning Review of Building Permits
32
Zoning Review of Sign permits
4
Planning /Zoning Applications Provided
3
934 Hwy 15 S — Outdoor display —
CUP
1060 Hwy 15 S — Fireworks Tent —
CUP
Right of Way Plat 12 — Montana
Street ROW
Predevelopment Meetings/
4
Planning Staff
Pre - application Assistance
Met with property owner on signage
for Miller Townhouses
Met w /property owner, Kent, Marc, on
Honey Tree Rd
Met with developer on proposed Sr.
Housing project
Planning Commission Applications
5
1300 Hwy 15 S — Fireworks tent —
Processed
CUP
Sitz Addition plat
Southwind 4th Addition
Site Plan — Buffalo Wild Wings
Site Plan — Kwik Trip
Joint Planning Applications
1
Final Plat — Cripps Addition
Reviewed and Processed
Zoning Enforcement Letters
Misc. Meetings Attended
Attended Shoreland Conservation in
Urban Settings seminar in
Bloomington