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cp07-13-2010 cAGENDA REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JULY 13, 2010 1. CALL TO ORDER — 5:30 P.M. 2. INVOCATION — Congregational UCC Church 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 22, 2010 Action — Motion to approve as presented 6. CONSENTAGENDA ( Purpose: onlyfor items requiringCouncilapprov t 71byexternalentities thatwouldotherwise have been a egate to a City Administrator. Traditionally, items are not discussed.) (a) RESOLUTIONS AND ORDINANCES 1. RESOLUTION NO. 13761 -RESOLUTION APPOINTING ELECTION JUDGES FOR 2010 STATE AND MUNICIPAL PRIMARY AND GENERAL ELECTIONS (b) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO RAFAEL JIMENEZ TO OPERATE AN ICE CREAM TRUCK ON CITY STREETS (c) CONSIDERATION FOR APPROVAL OF ISSUING TRANSIENT MERCHANT LICENSE TO STEPHANIE HANSEN TO OPERATE A PRODUCE STAND IN THE OUTPOST PARKING LOT LOCATED AT 1201 MAIN STREET NORTH (d) CONSIDERATION FOR APPROVAL OF ISSUING SHORT -TERM 3.2 MALT LIQUOR LICENSE TO POWER PULL NATIONALS LLC FOR JULY 16 & 17, 2010, AT MCLEOD COUNTY FAIRGROUNDS (e) CONSIDERATION FOR APPROVAL OF AIRPORT AGRICULTURAL LEASE WITH ROBERT PETERSON (f) CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS Action — Motion to approve consent agenda 7. PUBLIC HEARINGS— 6:00 P.M. -NONE 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to craft wise pot icy. ways oo ing toward the future, not monitoring past) (a) INFORMATIONAL PRESENTATION BY LORI PICKEL OF MCLEOD COUNTY HISTORICAL SOCIETY No action CITY COUNCIL AGENDA —JULY 13, 2010 (b) DISCUSSION OF COPS GRANT APPLICATION— SECURE OUR SCHOOL No action 9. UNFINISHED BUSINESS (a) CONSIDERATION FOR APPROVAL OF ORDINANCE NO. 10- 0550 —AN ORDINANCE 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) CONSIDERATION FOR APPROVAL OF SITE LEASE AGREEMENT WITH MIDWEST WIRELESS COMMUNICATIONS, LLC Action — Motion to reject — Motion to approve 10. NEW BUSINESS (a) CONSIDERATION FOR APPROVAL OF AMENDING WASTE MANAGEMENT CONTRACT Action — Motion to reject — Motion to approve (b) DISCUSSION OF LOCAL SALES TAX OPTION Action - (c) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 24,20 10, AT 4:00 P.M. FOR 2009 AUDIT REVIEW Action — Motion to reject — Motion to approve (d) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 13,R,)05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MNIDOT �TH, 454 MAIN STRFET NORTH, 466 .*AVEE STREET NORTH, l 4TH AVENUE THE 4 .MOAN , 25 4 5 4TH AVENUE4 4 4TH VENUE NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Action — Motion to reject — Motion to approve 11. GOVERNANCE (Purpose: toassesspastorganizationalperformance, developpolicy that guides the organization and ouncilge the logistics of the Council. May include monitoring reports, policy development and governance process items.) (a) FIRE DEPARTMENT MONTHLY REPORT FROM JUNE 2010 12. MISCELLANEOUS 13. ADJOURN MINUTES REGULAR MEETING — HUTCHINSON CITY COUNCIL TUESDAY, JUNE 22, 2010 1. CALL TO ORDER — 5:30 P.M. ayor teve oo 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 — The invocation was dispensed. 3. PLEDGE OF ALLEGIANCE 4. PUBLIC COMMENTS 5. MINUTES (a) REGULAR MEETING OF JUNE 8, 2010 Motion by Yost, second by Haugen, to approve the minutes as presented. Motion carried unanimously. 6. CONSENT AGENDA (Purpose: onlyfor items reguiringCouncil approval by external entities that would otherwise a een delegated to t e City Administrator. Traditionally ve , 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) 2. 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 5CA CITY COUNCIL MINUTES —JUNE 22, 2010 TO MCLEOD COUNTY AGRICULTURE ASSOCIATION FOR MCLEOD COUNTY FAIR AUGUST 18 — 22, 2010 (f) 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 Q) 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 Items 6(a)1, 6(b)1, and 6(g) were pulled for separate discussion Motion by Czmowski, second by Arndt, to approve consent agenda with the exception of the items noted above. Motion carried unanimously. Item 6(a) 1 had further discussion. Mayor Cook noted that the Compost Advisory Board ordinance had some revisions made to it based on the feedback received at the last Council meeting. Motion by Haugen, second by Yost, to approve Item 6(a)1. Motion carried unanimously. Item 6(b)l had further discussion. Council Member Yost noted that the applicant had contacted him with some concerns about the two foot setback requirement for the placement of his fence. Mike Corcoran, 944 Hwy 15 South, presented before the Council. Mr. Corcoran explained that as part of his conditional use permit application he was proposing to put a fence on his property line. One of the Planning Commission members had suggested that the fence be put up two feet off of his property line. He requested the ability to put the fence up to the property line if it is currently allowed by ordinance. He is proposing to put up a chain link fence on the side yard for storage. Mayor Cook suggested that the language on the conditional use permit allow for the fence to be put on the property line if it is maintenance free and accessible for maintenance by the property owner. Motion by Yost, second by Czmowski, to approve Item 6(b) 1, with the language in condition #8 to be read as follows: "if fence is located closer than two feet to the property line, both sides of fence must be able to be maintained from the owner's property." Motion carried unanimously. Item 6(g) had further discussion. Mayor Cook noted that he wants to see the city treated fairly and the proposed agreement allows for only a 2% inflationary increase each year. He suggested that the inflationary rate increase should be based on the consumer price index. Kent Exner, City Engineer, provided history on the contract negotiation with Midwest Wireless. He noted that Midwest Wireless does have other options to locate their equipment. Negotiations were agreed on 2% due to deflationary concerns of Midwest Wireless. 2 5 Cl) CITY COUNCIL MINUTES —JUNE 22, 1010 Council Member Haugen also noted that he would like to see the inflationary factor based on the consumer price index. Jeremy Carter, Finance Director, presented before the Council. Mr. Carter raised some concerns with the 2% inflationary factor and was a proponent of perhaps having an inflationary factor based on the consumer price index as well. Marc Sebora, City Attorney, presented before the Council. Mr. Sebora noted he was in favor of trying to negotiate for more money up front or an increased annual rate. Kent Exner noted he will go back to Midwest Wireless to negotiate the rent based on the consumer price index. Jim Fahey, 446 Main Street, presented before the Council. Mr. Fahey noted he has a tower on property he owns on Lynn Road. He noted he does not own the tower, but the land that the tower is on. He noted the rent he receives is very minimal based on today's numbers. In his contract, the rent is increased every five years and is based on numbers from 1998. Motion by Arndt, second by Cook, to table this item and negotiate rent with an annualized rental increase based on the consumer price index, with a minimum yearly increase of 2% and a maximum of 4 %. Motion carried unanimously. 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) Kent Exner, City Engineer, noted that the application is to place a flagpole in city right of way in a current turf area located at 130 Washington Avenue East. Council Members had several questions related to whether or not the pole would be lighted, type of flag, height of pole, etc. Motion by Czmowski, second by Arndt, to close public hearing. Motion carried unanimously. Motion by Czmowski, second by Yost, to table this item until more information can be received. Motion carved unanimously. (b) ASSESSMENT HEARING FOR SHERWOOD STREET SE EXTENSION PROJECT — ADOPT ASSESMENT, ACCEPT BID AND AWARD CONTRACT (LETTING NO. 2, PROJECT NO. 10-02) Kent Exner, City Engineer, ,presented before the Council. Mr. Exner explained that the project runs from Airport Road to the Southwmds Plat running to Edmonton Avenue. A trail will be constructed on the east side of the roadway. The low bid came in from R&R Excavatinq Inc. of Hutchinson with a bid amount of $739,591.17. This bid amount came in just under the engineer s estimate. Mr. Exner noted that he has spoken with the three adjacent property owners and all have communicated that they are on board with the project and have no concerns with the assessment information. Motion by Arndt, second by Haugen, to close public hearing. Motion carried unanimously. Motion by Arndt, second by Haugen, to adopt assessment, accept bid and award contract on Letting No. 2, Project No. 10 -02. Motion carried unanimously. 8. COMMUNICATIONS RE UESTS AND PETITIONS (Purpose: to provide Council with information necessary to cra 1 wise Po tcy. ways oo ng toward t e uture, not monitoring past) 9. UNFINISHED BUSINESS 10. NEW BUSINESS 5 CITY COUNCIL MINUTES — JUNE 22, 2010 (a) CONSIDERATION FOR APPROVAL OF SETTING COUNCIL WORKSHOP FOR AUGUST 10, 2010, AT 4:00 P.M. FOR 2009 AUDIT REVIEW Jeremy Carter, Finance Director, presented before the Council. Mr. Carter noted that he hoped to get this workshop set earlier this year than last year. It was noted that the Council meeting will need to be rescheduled due to primary election day on August 10, 2010, and therefore the workshop will not be able to be held on August 10, 2010, at 4:00 p.m. Motion by Czmowski, second by Yost, to set Council workshop for August 24, 2010, at 4:00 p.m. for 2009 audit review pending the auditor's schedule. Motion carried unanimously. Motion by Arndt, second by Czmowski, to reset August 10, 2010, City Council meeting to begin at 4:00 p.m. due to election (no public meetings may be held between 6:00 — 8:00 p.m.). Motion carried unanimously. (b) CLOSED SESSION PURSUANT TO MINNESOTA STATUTE 1319,05, SUBD. 3(C) TO DISCUSS PROPERTY ACQUISITION OF PROPERTY LOCATED AT 105 2 AVENUE SE AND MN /DOT TRUNK HWY 7/15 PROPERTIES (442 MAIN STREET NWTH, 454 MAIN STR ET NORTH, 466 ,*IN STREET NORTH, 480 MAIN STREET NORTH, 256 4 AVENUE NW, 264 4 AVENUE NW, 9 AVENUE NE, 11 4TH AVENUENE, 134 1 H AVENUE NE, 154TH AVENUE NE, 174TH AVENUE NE, 25 4TH AVENUE NE, 35 4TH AVENUE NE, 45 4TH AVENUE NE & 426 PROSPECT STREET NE) Motion by Yost, second by Arndt, to convene into closed session at 6:40 p.m. Motion carried unanimously. Motion by Arndt, second by Yost, to reconvene into open session at 7:59. Motion carried unanimously. 11. GOVERNANCE ( Purpose: toassesspastorganizational performance, develop policythatguides theorganizationand ounci an manage 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 (b) PLANNING COMMISSION MINUTES FROM MAY 18, 2010 (c) JOINT PLANNING BOARD MINUTES FROM APRIL 21, 2010 (d) PLANNING, ZONING, BUILDING DEPARTMENT MONTHLY REPORT FOR MAY 2010 12. MISCELLANEOUS Council Member Arndt— Bill Arndt suggested perhaps placing signs on the city limitboundaries indicating all of the civic organizations that are part of the city. Gary Plotz — Mr. Plotz noted that he is working on renegotiating the refuse hauling contract with Waste Management and he plans on bringing something forward at the next meeting. Kent Exner— Mr. Exner provided an update on the seal coating project. Washington Avenue is planned to be completed July 17, 2010. 13. ADJOURN Motion by Arndt, second by Cook, to adjourn at 8:00 p.m. Motion carried unanimously. 5 cq,� RESOLUTION NO. 13761 RESOLUTION DESIGNATING THE LOCATION OF POLLING PLACE FOR ALL CITY PRECINCTS AND APPOINTING JUDGES FOR THE 2010 CITY OF HUTCHINSON AND STATE PRIMARY AND GENERAL ELECTIONS WHEREAS, Chapter 204B, Section 204B.16, Subd. I and Section 20413.2 1, Subd. 2 of the Laws of Minnesota states that the governing body of any municipality, by resolution adopted prior to the giving of notice of the election, may designate the location of polling place of all precincts (one, two, and three) and naming of judges for the City and School District Election. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That the polling place to be used during the 2010 Elections for all precincts will be in the Recreation Center located at 900 Harrington Street S.W., Hutchinson, Minnesota. 2. That the Election Judges are hereby appointed in accordance with the attached list. Adopted by the City Council this 13`h day of July, 2010. ATTEST: Gary D. Plotz, City Administrator Steven W. Cook, Mayor (o tq�-) I CITY OF HUTCHINSON AND STATE PRIMARY /GENERAL ELECTIONS 2010 PRECINCT 1 ROMAN /ANNE HAAS * *ROXANNE JENSEN *CATHY PRELLWITZ ELAINE BLACK BILL WEGNER PEGGY KWITEK (PRIMARY ONLY) MARY ANN KERKVLIET JANET CONNER PRECINCT 2 ROLLIS BALKE DORI JOHNSON BILL WEGNER *MARK LEWANDOWSKI * *DEETTA NELSON RYAN POWELL DORIS DAGGETT GLADYS PILGRIM PRECINCT 3 DARLEEN KNIGGE PEARL SEALE *DENNISSCHROEDER PHYLLIS WESELOH "MORRIS BJURLIN GAIL FRANSEN SANDY TRAXLER ROB KUENZI FRANK BOLLER REGISTRATION TABLE NANCY NACKERUD ELIZABETH KURTH GEORGE /SUSAN STANLEY MAXINE ENGWALL GREETER JUDGE NELL GEHRKE *indicates head judge * *indicates assistant head judge THE LOCAL AUTHORITY MAY MAKE SUBSTITUTIONS AS NECESSARY (, b-) NM MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Chief Dan Hatteno/ DATE: July 13, 2010 RE: Consent Agenda Transient Merchant License Application and Investigation Rafael Jimenez A background check was conducted on Mr. Rafael Jimenez in reference to his obtaining a Transient Merchant License in the City of Hutchinson. Mr. Jimenez is planning on selling ice cream, candy's, pop and ship's by driving the city streets. He has sold in St. Cloud, Willmar and Cokato. Mr. Jimenez has a valid driver's license listed as Rafael Jimenez - Garcia. His last driving offense was in May of 2005. He does not have a criminal history. • It would be my recommendation to grant Mr. Jimenez this transient merchant license based on the information gathered during the investigation. /Ikg 2010 -01 -0025 • (A) �Y1 ♦Y—WI —LV I I I Hassan Strcet Southeast Hutchinson, MN 55350 (320) 587- 5151/Fax: (320) 2344240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS Application Type (choose one) 2" X 2" Picture Required ❑ Solicitor $125.00 Date of Application Z ❑ Transient Merchant $125.00 p- Peddler $125.00 Permanent Address: 2j [} ❑Parade Peddler $30.00 Applicant Information 2" X 2" Picture Required Name: q % t yy1 L t7tf L Height: Weight: ZLO Eye Color. Driver's License Number: State: Permanent Address: 2j [} City St� ZIP Permanent Telephone: Temporary Address: City Slate Zlp Temporary Telephone Access: Have you been convicted o any crime, traffic violations? L3 yes no misdemeanor, or violation of any municipal ordinance, other than If yes, state the nature of offense and punishment or penalty assessed therefore: ('Q Cdy of Hutchouon APPhcahom for Peddlers, Soliciiorx and Tranutemt Memhomu Page 7 of 4 Location Address City State Business Information Describe relationship between applicant and employer: ni�? r Describe nature of business and describe item(s) offered: Describe method of delivery: 6,y fa�Ur.K Describe source of supply: hit �rr_(?I, nlacl Supplier Name Suppkr Pho r Number Supplier Addmss Ctry Star ZIP Supplier Name Suppler Phan Number Supplier Addrexs Gry Smte ZIP Supplier Name Suppler Room Number Supplier Address City State Z! Reference Information Provide two (2) property owners (preferably in McLeod County) for chatact references: OlaKc� Ab peoai � l, Property nr Name A- Property ner Addrry zUl any— � P ny Owrrr Phan Number Fijalir 00 z0 City State Zip (lark Obar 3210 Property Owner Owner Name Property Owner Phame Number h . Pr r Owner Address �° , ss city � S�/L2 IC (.0 (,6) City ofHuichinson Applicatron for Peddlers, Soliafors, and Transient Merchonfs Page 3 of J List last (up to three (3)) previous city(ies) where you carried on same activity: C °(Ot1C� VJU �Q�- to ;U0 ( City State Date(s) of Activity n,A Q- � All 0 FY! to City State Date(s) of Activity GY—V'G 0 !J 1ho to City State Datc(s) of Activity 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): T yes ❑ no Application completed in full and signed: ❑ yes ❑ 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 perigdngoxceeding 90 days or both, plus, in either case, the costs of prosecution. Police ❑ approved ❑ denied Notes: City Council ❑ approved ❑ denied Notes: H./UCm ApylintiMn eld ,, Sdicibr Trap Mm � -;18 -/0 Dare (' ('0 MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor & Council FROM: Chief Dan Hatter DATE: July 7, 2010 RE: Consent Agenda Transient Merchant Stephanie Hansen License Application and Investigation A background check was conducted on Ms. Stephanie Hansen in reference to her obtaining a Transient Merchant License in the City of Hutchinson. Ms. Hansen is planning on selling produce from a stand she will set up in the Outpost parking lot. She has already received permission from the Outpost to locate there. This is the first time Ms. Hansen has applied for a license. It would be my recommendation to grant Ms. Hansen this transient merchant license based on the information gathered during the investigation. /Ikg 2010 -01 -0023 C0(�) /L�rG�fi�7(� I Hassan Stract Southeast Hutchinson. MN 55350 (3 20) 5 87- 5 15 IT= (3 20) 23 4-4240 City of Hutchinson APPLICATION FOR PEDDLERS, SOLICITORS, AND T'RANSIENT MERCHANTS Application Type (choose one) Solicitor S125.00 Date of Application tocw� Transient Merchant S125.00 I 11 Peddler S 125 ElParade Peddler $30,00 Awlicant Infonuation 2"' X 2" Picture Required Zia ve-you been convict-ex traffic violations? 13 yes Name. !_ .. Height: C) Weight: Eye Color: Driver"s License Nwnber- State: ,ht, Pennanent Aodres 01- 616 -6t, n ci Stare ZIP 7 C1 ') — Permanent Telephone, 4-U Temporary Address: cio State zip Temporary Telephone Access, any crime, afisd errs eanor, or violaElon of any municipal ordinance,, other than no If yes} state the nature of bffense and punishment or penalty assewd therefore: c� c�> City of Hutchinson Applicallan for Peddlers, Solicitors, and Transienl Merchants Page l of 4 LM Er O Address . BUSinesB:�n€Or- fnetSOri � - - - - �r —1 Dteesscribe relationship between apphcantt d,e�Toyer. Ib� (f'VrLw (4 ih4 I_111�( 1Rf at-yp- 1 YW( >S lid Describe nature of busi ess and describe item(s) offered: V V)" se-(� JD Describe method of delivery: nibe sourci of supply: 64 (Z�/i'1 —her Name Suppler Phone Number SupplierrAddress Ciry Stale Zip Supplier Name Suppler Phone Number Supplier Address Ciry Score Zip Supplier Name Suppler Phone Number SupplierAddresi city Stale zip Provide two (2) pro rty ers (preferably in McLeod County) for character references: P, 7C_ ', W .3ZD-ci�3 - 7.3�Ct Properly Owner Na to roperry Owner Phone Number �IVI 5 35 City J� tole Zf Proper Owner Name roperry Owner Phone Nuinter �._ City of Hutch imon Applicalion for Peddlers, Solicilors, and Tramimt Merchm s Page 3 of 4 List last (up to tl ree (3)) previous city(ies) where you carried on same activity: to Smote Date(s) of Activity t0 State Date(s) of Activity to State Date(s) of Activity 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 Application completed in full and signed: ❑ yes ❑ 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 period not exgeding 90 days or both, plus, in either case, the costs of prosecution. App�icaat's Signature l Internal" Use Only - - - - Police ❑ approved ❑ denied Notes: _ City Council ❑ approved ❑ denied Notes: Hl UWWAppl IOMPeMd SOIeiiar,T CRLE 3 Date "P k�tV CY-6W IGV,6� J Its' 111 t i, I t t Hassan Street Southeast Hutchinson, MK 55350 (320) 587 -5151 /1`ax, (320) 2344240 Short Term 3.2 Malt Liquor Fee: 5125.00 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 Pow e42- uj l ►b_-h orNc>_4 s LLG 3z�, - 8(vy- 49oa) BusinessiOrganization .Name Phone Number I/U) a 3 jgti S+ CT-Q,) Busines&VrganizationAddress ccc City I_ SS33(o State Zip N _R TIbnl0 T(-&C�c IOLLO -A,' As SOCicL hcv1 Ti e o Business f) anizanon Pow to PtJ! /s+4 itLMa1S tCe Applicant Name Phone Number /&O`" S-r 49-7 &/er) c6e_ InAl !�533L Applicant Address Ci State Zi Officer(s)/Owner(s) of the Organization/Business (ifnecessary, list additional names on separate sheet) JQ xkk 6Jnrem 4,,e man Title .Name Title Name Title 32 Malt Liquor Sales Information Location of Sales I ddress 1c /L" 4( 27""t o14 /0 Dates) of Sales Q � V _� / Rr,n y s r� COntaCt Peryon ' Checklist The following items need to be completed and/or attached in order for the application to be processed: Application fee paid in full (check or money order): Yyy ❑ no Application completed in full and signcd by a 01;/es applicant: ❑ no The above listed business hereby applies for a license to sell short-term 3.2 MALT LIQUOR for consumption "ON' those certain premises in the City of Hutchinson described above and to that end represents and state as follows: That said applicant is a citizen of the United States; of good moral character and repute; and has attained the age of 21 years; that he/she is proprietor of this establishment for which the license will be issued if this application is granted. That no manufacturer of such non - intoxicating malt liquors has any ownership, in whole or in part, in said business of said applicant or any interest therein City offfulchinson dpplrcalion for ShorlTerri 32 Afah Liquor License — On -Sale Page 2 oft That said applicant makes this application pursuant and subject to all the laws of the State of Minnesota and the ordinances and regulations of said City of Hutchinson applicable thereto, which are hereby made a part hereof, and hereby agrees to observe and obey the same. Each Applicant further states that he/she is not now the holder of, nor has he/she made application for, nor does he intend to make application for a Federal Retail Dealer's Special tax stamp for the sale of intoxicating liquor. I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. 6-A .2-010 Date Police Chief Recommendation {approved ❑ denied No es: -.7 Z ice Chie S'i ature Date ■ rd City of Hutchinson Hutchinson Municipal Airport — Butler Field Operations & Maintenance 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 2344219 Fax (320) 234 -6971 July 6, 2010 To: Honorable Mayor and City Council members From: John Olson, Public Works Manager Subject: Airport Agricultural Lease - Robert Peterson As part of the airport expansion in 1994, the City of Hutchinson purchased approximately 8.75 acres of land from Robert & Karen Peterson. The signed a lease that was in effect from 1994 -2004. The lease automatically renewed for another ten year period 2005 -2015. Since the original lease was signed, the property owner installed a buffer strip along the ditch that lies on the east side of the property. Some of the buffer strip runs through the leased property. To get proper credit for the buffer strip, Robert Peterson is requesting the City authorize a lease for the crop years 2003 to 2017 (a fifteen -year lease). The proposed lease is attached and includes standard airport agricultural lease language. The term of the lease is reasonable when compared to the original lease and charges for the lease also reflects language included in the original lease document. The highest and best use of this piece of property continues to be agricultural, since the land lies, in its entirety, within 750 feet of the runway centerline and cannot be developed. Staff recommends entering into a lease for crop years 2003 -2017 with Robert Peterson for 8.75 acres, more or less, of agricultural land owned by Hutchinson Municipal Airport. c'( e-) AGRICULTURAL LEASE AGREEMENT THIS AGREEMENT, made this _ day of , 2010, by and between the City of Hutchinson, a Minnesota Municipal Corporation, ( "City"), and Robert Peterson, 16 Grove St SW, Hutchinson, MN 55350, ( "Tenant"). 1. Propgty Description: The City hereby rents to the Tenant in consideration of the rents and promises hereinafter described the following property located in the County of McLeod and State of Minnesota, described in Exhibit A. The property contains 8.75 acres, more or less, of tillable agricultural fields. 2. Term. The term of this Lease is for 15 crop years commencing on the I' day of February 2003 and terminating on the last day of November, 2017. By mutual agreement, an additional term may be granted. 3. Rent. At the Tenant's option, periodic payments may be made, providing full payment is received by November 15 of each year. Rents are calculated on the basis of 8.75 tillable acres. For and during the term of this Lease the following sums are payable by November 15 each year as follows: 2003: $1 2004: $1 2008: $1 2009: $1 2013:$1 2014: $1 2005: $1 2010: $1 2015: $1 2006: $1 2011: $1 2016: $1 2007: $1 2012: $1 2017: $l a) Tillable acres used for the basis of this document were calculated using the City's Geographic Information System equipment. Any dispute related to tillable acres shall be determined by mutual agreement between the tenant and the City using sound geographic information procedures. The City's Public Works Manager must make adjustments in writing. b) The tenant waives any right to withhold rent in any claim against the City. c) The tenant grants permission to the City to construct municipal service improvements as necessary. In the event construction shall take land the tenant has planted, a credit shall be negotiated between the City and the Tenant not to exceed the crop loss prices paid by the Minnesota Department of Transportation for the crop planted when land is taken. Credits shall be applied to rents due. The tenant shall not plant any land staked by the Owner or its agents or representatives for construction. d) Rent shall be paid at Hutchinson City Center, 111 Hassan St SE, Hutchinson, Minnesota and be credited to appropriate accounts. 4. City's Responsibilities. The City shall be responsible for paying or doing the following: a) The City's Public Works Department shall cooperate with the Tenant to the fullest extent possible to coordinate the application of biosolids from the City's Wastewater Treatment plant, should that action be determined in the best interest of the City by that Department. b) The City's Wastewater Department shall comply with all local, state, and federal regulations pertaining to the application of biosolids on fields leased, c) The City shall peaceably allow the tenant to occupy the land for normal, customary agricultural practices. 5. Tenant Responsibilities. Tenant shall be responsible for paying or doing the following: a) The tenant shall occupy the premises for agricultural purposes only. The tenant will use normal, customary farming practices in the care and maintenance of the property and, without limiting normal practices, keep the premises free of noxious weeds to the extent possible. b) The tenant shall pay rent in a timely manner as prescribed herein. c) The tenant agrees to comply with all statutes, ordinances, rules, orders, regulations, and requirements of the federal, state, county, and municipal governments regulating the use of the premises. d) The tenant shall coordinate with and allow, at the City Public Works Department's discretion, the application of biosolids from the City's Wastewater Treatment Plant on fields leased by the tenant. b ce-) e) Any applications of fertilizer made after the City's Public Works Department has identified a field for deposition of biosolids shall be coordinated with the City's Public Works Department. The tenant shall not apply fertilizer at quantities greater than those determined by the Public Works Department. f) The tenant shall allow access to the property by the City and its agents during all reasonable hours for the purpose of examining the property to ascertain compliance with the terms of this Agreement and for the purpose of carrying out operations and functions necessary to the operation of an airport or municipal and any other lawful purpose including, but not limited to, exhibiting the property for sale. g) The tenant shall not remove or move any existing structures or improvements made to the property by the City. The tenant may not store equipment on the property for periods exceeding one week without coordinating such storage with the City. h) The tenant shall pile rocks or other items taken out of any field in areas designated by the City. i) The tenant shall plow back all fields prior to the termination of this lease. j) The tenant shall not hunt, nor allow hunting on this property. This property is in the corporate limits of the City of Hutchinson. 6. Independent Entities. The City does not retain the tenant as an agent of the City nor of the municipal airport. The tenant does not retain the City as an agent of the tenant. The City shall not provide to the tenant, its agents or employees, any benefits or expenses, including, but not limited to insurance for liability or property, or ordinary business expenses. 7. Costs associated with this Lease. The City is not responsible for paying any of the tenant's costs associated with this Lease, including preparation of the property for farming. The tenant shall pay all costs related to farming the property, including the cost of plowing property back at the end of this lease. 8. Insurance. The tenant shall acquire and maintain property and/or liability insurance adequate for operations conducted on the property. The tenant shall provide proof of insurance upon request by the City. The tenant, while performing any service or function related to this lease, agrees to indemnify, save and hold harmless, defend the City and all its agents and employees from any and all claims, demands, actions or causes of action of whatever nature or character arising out of or by reason of the execution or performance of functions provided in accordance with this agreement. 9. Assignment and Subletting Prohibited. Tenant agrees to assign or sublease the premises only with the written consent of the City, provided such consent is not unreasonably withheld. If the City does not consent, it may, at its option, terminate the lease. 10. Surrender of Possession. The tenant shall surrender the property to the City in good condition and repair upon termination of the Lease, whether by lapse of time or otherwise 11. Termination by the City. The City may, after providing 90 days written notice to the last known address of the tenant, take possession of the property for any purpose deemed in the best interest of the City. The City shall allow the tenant to remove crops with normal, customary farming practices or return all rents paid for the year and compensate the tenant at rates not to exceed the crop loss prices paid by the Minnesota Department of Transportation for the crop planted when land is taken. 12. Remedy. If the tenant fails to pay the rent when due or fails to perform any of the promises contained in this Lease, the City may re -enter and take possession of the property and hold the property without such re- entering working a forfeiture of the rents to be paid by the tenant for the full term of the Lease, after furnishing the tenant with a thirty (30) day written notice, to the last known address of the tenant, specifying the default. 13. Quiet Enjoyment. The City promises that the tenant shall peaceably and quietly have, hold, and enjoy the leased property for the term of this Lease provided tenant pays the rent and performs the promises described herein. 14. Tenant's Default. Rights and remedies of the tenant are cumulative. None shall exclude any other right or remedy allowed by law or other provision of this agreement. In the event of one of the following acts, the tenant shall be in default: a) Tenant fails, neglects, or refuses to pay any installment of rent or any other monies agreed to be paid, as provided in this Lease when those amounts become due and payable, and if such failure continues for five (5) days after written notification by the City. b) Any voluntary or involuntary petition or similar pleading under any sections of any bankruptcy act shall be filed by or against the tenant or should any proceeding in a court or tribunal declare the tenant insolvent or unable to pay debts. c) Tenant fails, neglects, or refuses to keep and perform any other conditions of this Lease, and if such failure continues for a period of 30 days after written notification by the City. d) Should the tenant make any assignment of any interest in this Lease to any entity without the written consent of the City. In the event of any default or violation of this Lease continuing more than 30 days after written notification by the City to the tenant of default, the City may enter into and take absolute possession of the property. Possession of the property in these conditions does not relieve the tenant of the obligation to pay the rent or abide by other conditions of the Lease. In the event of any default or violation of the Lease continuing more than 30 days after written notification by the City to the tenant of a default, the City may return any rents paid by the tenant for that year and lease the property to another tenant. 15. Lease Aareement is Binding This Lease Agreement shall be binding upon the parties hereto and their heirs, successors and assigns. (D (e) 16. Venue for Causes of Action. This agreement shall be governed by the laws of the State of Minnesota and the venue for all causes of action shall be McLeod County, State of Minnesota. 17. Notification. Notification related to lease shall be sent to the following addresses: Tenant: . Robert Peterson 16 Grove St SW Hutchinson, MN 55350 Phone (320) 587 -5103 Owner's Representative John Olson, Public Works Manager 1400 Adams St SE Hutchinson, MN 55350 Phone (320) 234 -4473 Fax (320) 234 -6971 IN TESTIMONY WHEREOF, the City and Tenant have set their hands as of the day and year first above written. CITY OF HUTCHINSON By: Attest: Steven W. Cook, Mayor Gary Plotz, City Administrator ROBERT PETERSON 6 C, (e) Exhibit A Agricultural Property Described as: Agricultural property of 8.75 acres, more or less, all located in the City of Hutchinson, McLeod County, State of Minnesota That part of the Northeast Quarter of the Northwest Quarter of Section 13, Township 116 North, Range 30 West of the 51h Principal Meridian, described as follows: Beginning at the northeast comer of said Northwest Quarter; thence westerly, along the north line of said Northwest Quarter, a distance of 627.70 feet to the intersection with a line parallel with and 750.00 feet southwesterly of, measured at a right angle to, the center line of the Hutchinson Municipal Airport runway and its northwesterly prolongation; thence southeasterly, along said parallel line a distance of 1360.47 feet to the intersection with the east line of said Northwest Quarter; thence northerly, along said east line, a distance of 1213.41 feet to the point of beginning. (v ce-) ELECTRONIC FUNDS TRANSFERS COUNCIL MEETING 07/13/10 TAX FUND FUEL HATS LIQUOR LIQUOR SALES PRCE CIVIC ARENA USE WATER SEWER CRE GAfinsneckforms%cm electronicfundstrensfers.xls PAYABLE TO MN DEPT OF REV MN DEPT OF REV MN DEPT OF REV MN DEPT OF REV AMOUNT $1,695.65 $79,249.00 $702.00 $12,096.00 c,(f) PAYROLL DATE: 07/02/2010 Period Ending Date: 06/26/2010 FOR COUNCIL LIST ONLY - ELECTRON16 TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT ACCT* $25,052.98 9995.2034 $14,217.32 9995.2240 $4,135.25 9995.2242 NAME DESCRIPTION WITH. TAX Employee Contribution - Federal Tax ACCOUNT Employee Contribution - Soc. Security Employee Contribution - Medicare $43,405.55 Sub -Total - Employee Contribution $14,217.32 9995.2240 Employer Contribution - Social Security $4,135.25 9995.2242 Employer Contribution - Medicare $18,352.57 Sub -Total - Employer Contribution $81,758.12 Grand Total - Withholding Tax Account $12,060.80 9995.2035 MN DEPT OF REVENUE $17,404.13 9995.2241 PERA Employee Contribution - Pension Plan $22,142.08 9995.2241 Employer Contribution - Pension Plan $39,646.21 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 $39,598.23 GRAND TOTAL - PERA Finance Director Approval Per Journal Entries DMteranca Fica $ 28,434.84 Medicare $ 8,270.50 Withholding $ 25,052.98 Total $ 61,758.12 $040 State Tax $ 12,060.80 $0.00 Para $ 39,572.22 DCP $ 26.01 Total $ 39,598.23 $0.00 co (-(-) b r� 7/8/2010 Page - CITY OF HUTCHINSON R55CKREG LOG22001V0 Council Check Register 7/2/2010 7/13/2010 Check x Ck Date AMOUNT Vendor/ Explanation Account Description 160766 7/2/2010 133.01 AMERICAN FAMILY INS CO. ACCRUED LIFE INSURANCE 160767 7/2/2010 502.17 H.A.R.T. ACCRUED DEFERRED COMP 160768 7/2/2010 1,141.13 HUTCHINSON, CITY OF UTILITIES 160769 7/212010 2,141.151CMA RETIREMENT TRUST ACCRUED DEFERRED COMP 160770 7/212010 1,689.60 ING LIFE & ANN CO. ACCRUED DEFERRED COMP 160771 7/2/2010 528.00 NCPERS LIFE INS. ACCRUED LIFE INSURANCE 160772 7/2/2010 500,000.00 NUCRANE MANUFACTURING, LLC LOAN 160773 7/13/2010 3,578.88 313SPECIALTIES SIGNS & STRIPPING MATERIALS 160774 7/13/2010 10,000.00 ABDO, EICK & MEYERS AUDIT& FINANCE 160776 7/13/2010 836.83 ACE HARDWARE OFFICE SUPPLIES 160777 7/13/2010 282.00 ACTION ACCENTS OPERATING SUPPLIES 160778 7/13/2010 18.00 ADAMS, KRIS OTHER CONTRACTUAL 160779 7/13/2010 1,561.37 AEM MECHANICAL SERVICES, INC CONTRACT REPAIR & MAINTENANCE 160780 7/13/2010 5.00 AMBERG, KRYSTAL RECREATION ACTIVITY FEES 160781 7/13/2010 80.16 AMENT, ADAM UNIFORMS & PERSONAL EQUIP 160782 7/13/2010 289.60 AMERICAN BOTTLING CO COST OF SALES -MLSC 160783 7/13/2010 136.75 AMERIPRIDE LINEN & APPAREL CONTRACT REPAIR & MAINTENANCE 160784 7/13/2010 446.74 AMS COATING SYSTEMS INC. SIGNS & STRIPPING MATERIALS 160785 7/13/2010 7,928.06 ANDERSON CHEMICAL COMPANY CHEMKAS & PRODUCTS 160786 7/13/2010 34.00 ANDERSON, RACHEL RECREATION ACTIVITY FEES 160787 7/13/2010 63.73 ARAMARK UNIFORM SERVICE CLEANING SUPPUES 160788 7/13/2010 1,151.15 ARCTIC GLACIER PREMIUM CE INC COST OF SALES -MISC 160789 7/13/2010 1,030.00 ARNESON DISTRIBUTING CO COST OF SALES-BEER 160790 7/13/2010 164.83 ARNOLD'S OF GLENCOE, INC CENTRAL GARAGE REPAIR 160791 7/13/2010 99.35 ARROWHEAD SCIENTIFIC INC OPERATING SUPPLIES 160792 7/13/2010 252.23 BACHMAN'S OPERATING SUPPLIES 160793 7/13/2010 10,995.00 BARGEN INC CONTRACT REPAIR & MAINTENANCE 160794 7/13/2010 1,592.00 BARN YARD, THE RECEIVED NOT VOUCHERED 160795 7/13/2010 298.52 BARNUM GATE SERVICES INC RECEIVED NOT VOUCHERED 7/8/2010 Page - b 160796 7/13/2010 14,485.35 BEACON BANK M15CELLANEOUS 160797 7/13/2010 4,403.50 BELLBOY CORP COST OF SALES -MISC 160798 7/13/2010 275.00 BENUSA, ALLEN VARIANCE FEES 160799 7/13/2010 300.44 BERNICK'S COST OF SALES -MISC 160800 7/13/2010 5,077.65 BFG SUPPLY COMPANY RECEIVED NOT VOUCHERED 160801 7/13/2010 129.25 BIELKE -DU12, HEATHER RENTS -BLDGS OTHER 160802 7/13/2010 244.10 BLACK GOLD ENVIRONMENTAL SERVI CONTRACT REPAIR & MAINTENANCE 160803 7/13/2010 54.49 BRANDON TIRE CO CENTRAL GARAGE REPAIR 160804 7/13/2010 1,162.00 BRAUN INTERTEC CORP PROFESSIONAL SERVICES 160805 7/13/2010 8,261.14 BRYAN STRETCH TRUCKING FREIGHT -IN 160806 7/13/2010 512.00 BUERKLE, ROGER OTHER CONTRACTUAL 160807 7/13/2010 29.76 BUFFALO CREEK ENTERPRISES COST OF SALES -MISC 160808 7/13/2010 51.00 BUSCHE, MAUREEN OTHER REVENUES 160809 7/13/2010 64.00 BUSHMAN, RAQUEL OTHER CONTRACTUAL 160810 7/13/2010 752.40 BUSINESSWARE SOLUTIONS RECEIVED NOT VOUCHERED 160811 7/13/2010 71,771.15 C & L DISTRIBUTING COST OF SALES -BEER 160812 7/13/ 2010 135.45 CADD /ENGINEERING SUPPLY OFFICE SUPPUES 160813 7/13/2010 592.99 CALIFORNIA CONTRACTORS SUPPLIE SAFETY SUPPLIES 160814 7/13/2010 120.00 CANNON RIVER WINERY COST OF SALES -WINE 160815 7/13/2010 540.00 CARLOS CREEK WINERY COST OF SALES -WINE 160816 7/13/2010 510.42 CARLSON TRACTOR & EQUIP 160817 7/1312010 10.11 CARQUEST OF HUTCHINSON REPAIR & MAINTENANCE SUPPUES 160818 7/13/2010 594.00 CARRIGAN, CORY OTHER CONTRACTUAL 160819 7/13/2010 550.00 CARSON PATROL SHOP LLC AUTOMOTIVE REPAIR 160820 7/13/2010 69.98 CARTER, RANDY UNIFORMS & PERSONAL EQUIP 160821 7/13/2010 1,122.00 CATES, SHAY OTHER CONTRACTUAL 160822 7/13/2010 4.56 CENTRAL HYDRAULICS RECEIVED NOT VOUCHERED 160823 7/13/2010 239.50 CENTRAL MCGOWAN RECEIVED NOT VOUCHERED 160824 7/13/2010 200.00 CHEF CRAIG'S CAFE & CATERERS RENTS -BLDGS OTHER 160825 7/13/2010 100.00 CLABO, TROY UNIFORMS & PERSONAL EQUIP 160826 7/13/2010 32.06 CMK SERVICES LLC OTHERCONTRACTUAL 160827 7/13/2010 512.00 COLLATT, WARREN OTHER CONTRACTUAL 160828 7/13/2010 816.00 COLORLYNE DIRECTORIES OF MN ADVERTISING 160829 7/13/2010 1,012.07 COMDATA CORPORATION FOOD PRODUCTS- CONCESSION 160830 7/13/2010 4, 700.00 COMMERCIAL ASPHALT REPAIR LLC CONTRACT REPAIR & MAINTENANCE 160831 7/13/2010 100.46 COMPAR, INC OPERATING SUPPLIES 160832 7/13/2010 11.00 CORRA GROUP PROFESSIONAL SERVICES 160833 7/13/2010 514.24 COUNTRY INN &SUITES TRAVEL SCHOOL CONFERENCE 160834 7/13/2010 249.87 CREEKSIDE SOILS OPERATING SUPPLIES 160835 7/13/2010 142.74 CROW RIVER AUTO &TRUCK REPAIR CENTRAL GARAGE REPAIR 160836 7/13/2010 335.02 CROW RIVER PRESS INC PRINTING & PUBLISHING 160837 7/13/2010 587.81 CROW RIVER SIGNS CENTRAL GARAGE REPAIR 160838 7/13/2010 617.16 CUMMINS NPOWER, LLC CONTRACT REPAIR & MAINTENANCE 160839 7/13/2010 370.12 CUSTOM PRODUCTS & SERVICES CENTRAL GARAGE REPAIR 160840 7/13/2010 SSO.00 CWA CONSULTING SERVICES TRAVEL SCHOOL CONFERENCE 160841 7/13/2010 12,619.98 DAY DISTRIBUTING COST OF SALES -BEER 160842 7/13/2010 496.00 DONOHUE & ASSOCIATES PROFESSIONAL SERVICES 160843 7/13/2010 30.00 DOSTAL ELECTRONIC'S CENTER CONTRACT REPAIR & MAINTENANCE 160844 7/13/2010 2,005.15 DPC INDUSTRIES INC CHEMICALS & PRODUCTS 160845 7/13/2010 36.20 DROP -N -GO SHIPPING, INC RECEIVED NOT VOUCHERED 160846 7/13/2010 1,174.07 DYNA SYSTEMS RECEIVED NOT VOUCH ERED 160847 7/13/2010 2,895.25 E2 ELECTRICAL SERVICES INC RECEIVED NOT VOUCHERED 160848 7/13/2010 9,566.97 EARTHLY DELIGHTS, LTD, MISCELLANEOUS 160849 7/13/2010 2,876.00 EATON CORPORATION CONTRACT REPAIR & MAINTENANCE 160850 7/13/2010 63.65 ECONO FOODS OPERATING SUPPLIES 160851 7/13/2010 374.94 EHLERS & ASSOCIATES INC PROFESSIONAL SERVICES 160852 7/13/2010 192.00 ELECTRO WATCHMAN CONTRACT REPAIR & MAINTENANCE 160853 7/13/2010 140.69 EPIC PRODUCTS INC COST OF SALES -MISC 160854 7/13/2010 282.19 EXNER, KENT LICENSES & TAXES 160855 7/13/2010 748.13 EXSTED, HARRY OPERATING SUPPLIES 160856 7/13/2010 145.50 EXTREME BEVERAGE LLC COST OF SALES -MISC 160857 7/13/2010 100.00 FAHEY SALES AGENCY, INC. MISCELLANEOUS 160858 7/13/2010 817.96 FARMER BROTHERS COFFEE OPERATING SUPPLIES 160859 7/13/2010 113.42 FASTENALCOMPANY SAFETY SUPPLIES 160860 7/13/2010 200.00 FIEDLER, DALE MISCELLANEOUS 160861 7/13/2010 572.00 FINNELL, RYAN OTHER CONTRACTUAL 160862 7/13/2010 2,271.00 FIRE SAFETY USA, INC SMALL TOOLS 160863 7/13/ZO30 478.00 FIRST CHOICE FOOD & BEVERAGE S OFFICE SUPPLIES 160864 7/13/2010 115.02 FISHER SCIENTIFIC OPERATING SUPPLIES 160865 7/13/2010 96.00 FLEISCHACKER, ALAN OTHER CONTRACTUAL 160866 7/13/2010 103.67 FORESTRY SUPPLIERS INC REPAIR& MAINTENANCE SUPPLIES 160867 7/13/2010 1,828.33 FRONTLINE PLUS FIRE & RESCUE SMALL TOOLS 160868 7/13/2010 69.41 G & K SERVICES OPERATING SUPPLIES 160869 7/13/2010 185.86 GALLS AN ARAMARK CO UNIFORMS & PERSONAL EQUIP 160870 7/13/2010 8,737.15 GARICK CORPORATION RECEIVED NOT VOUCHERED 160871 7/13/2010 201.68 GE WATER& PROCESS TECHNOLOGIE EQUIPMENT PARTS 160872 7/13/2010 377.65 GEB ELECTRICAL INC BUILDING REPAIRS 160873 7/13/2010 389.37 GRAINGER REPAIR & MAINTENANCE SUPPUES 160874 7/13/2010 868.10 GRAND PERE WINES INC COST OF SALES -WINE 160875 7/13/2010 197.72 GRANIT BROW IMPROV OTHER THAN BLDGS 160876 7/13/2010 6,159.86 GREAT LAKES ENTERPRISES INC RECEIVED NOTVOUCHERED 160877 7/13/2010 416.00 GRIMM, DANIEL W OTHER CONTRACTUAL 160878 7/13/2010 100.00 GROEHLER, FLOYD UNIFORMS & PERSONAL EQUIP 160879 7/13/2010 110.00 GRUNZKE, MATT OTHER CONTRACTUAL 160880 7/13/2010 128.00 GUENINGSMAN, DANIEL OTHER CONTRACTUAL 160881 7/13/2010 760.00 GUNDERSON, MICHAEL OTHER CONTRACTUAL 160882 7/13/2010 462.64 H &L MESABI EQUIPMENT PARTS 160883 7/13/2010 156.00 HANSEN DEMOLITION LANDFILL REFUSE - RECYCLING 160884 7/13/2010 2,984.50 HANSEN DIST OF SLEEPY EYE COST OF SALES -BEER 160885 7/13/2010 5.00 HANSEN GRAVEL REPAIR& MAINTENANCE SUPPUES 160886 7/13/2010 3,169.68 HARRIS SERVICE CONTRACT REPAIR & MAINTENANCE 160887 7/13/2010 1,293.75 HAWKINS INC CHEMICALS & PRODUCTS 160888 7/13/2010 3,899.23 HD SUPPLY WATERWORKS LTD EQUIPMENT PARTS 160889 7/13/2010 602.00 HEMMAH, LLOYD OTHER CONTRACTUAL 160890 7/13/2010 249.40 HENRY'S WATERWORKS INC REPAIR & MAINTENANCE SUPPLIES 160891 7/13/2010 4,573.17 HEWLETT - PACKARO CO RECEIVED NOT VOUCHERED 160892 7/1312010 831.94 HILLYARD / HUTCHINSON CLEANING SUPPUES 160893 7/13/2010 30.00 HOFFMAN, CINDY TREE APPLICATION /PERMITS 160894 7/13/2010 968.14 HOLT MOTORS INC CENTRAL GARAGE REPAIR 160895 7/13/2010 495.00 HOLT TOUR &CHARTER OTHER CONTRACTUAL 160896 7/1312010 15.00 HOMETOWNSPORTS OPERATING SUPPLIES 160897 7/13/2010 1,169.34 HUTCHINSON CO-OP CHEMICALS & PRODUCTS 160898 7/13/2010 513.00 HUTCHINSON CONCRETE RECEIVED NOT VOUCHERED 160899 7/13/2010 8,925.65 HUTCHINSON CONVENTION & VISITO LODGING TAX REIMBURSEMENT 160900 7/13/2010 5,269.71 HUTCHINSON LEADER ADVERTISING 160901 7/ 13/ 2010 132.00 HUTCHINSON MEDICAL CENTER MISCELLANEOUS 160902 7/13/2010 51.80 HUTCHINSON PLUMBING & HEATING CENTRAL GARAGE REPAIR 160903 7/13/2010 225.00 HUTCHINSON SENIOR ADVISORY BOA OPERATING SUPPOES 160904 7/13/2010 125,635.42 HUTCHINSON UTILITIES STREET LIGHTING UTILITIES 160905 7/13/2010 1,363.60 HUTCHINSON WHOLESALE CENTRAL GARAGE REPAIR 160906 7/13/2010 2,000.00 HUTCHINSON, CITY OF MISCELLANEOUS 160907 7/13/2010 64.00 IBBITSON, JEANNE OTHER REVENUES 160908 7/13/2010 96.00 IDE, GERALD OTHER CONTRACTUAL 160909 7/13/2010 416.00 IDE, NATHAN OTHER CONTRACTUAL 160910 7/13/2010 344.99 INTERSTATE BATTERY SYSTEM MINN EQUIPMENT PARTS 160911 7/13/2010 536.14 JACK'S UNIFORMS & EQUIPMENT UNIFORMS & PERSONAL EQUIP 160912 7/13/2010 2,066.11 JEFF'S ELECTRIC RECEIVED NOT VOLICHERED 160913 7/13/2010 184.36 JIM'S GARDEN SERVICE OTHER CONTRACTUAL 160914 7/13/2010 1,036.10 JJ TAYLOR DIST OF MN COST OF SALES-BEER 160915 7/13/2010 751.60 JOES SPORT SH0P OPERATING SUPPLIES 160916 7/ 13/ 2010 28,868.64 JOHNSON BROTHERS LIQUOR CO. COST OF SALES -BEER 160917 7/13/2010 200.00 JORDAHL, JIM OPERATING SUPPUES 160918 7/13/2010 11,393.42 JUUL CONTRACTING CO CONTRACT REPAIR &MAINTENANCE 160919 7/13/2010 550.00 KDUZ KARP RA0IO ADVERTISING 160920 7/13/2010 200.00 KLABUNDE, IAN RENTS- BL.DGS OTHER 160921 7/13/2010 528.00 KLITZKE, LUKE OTHER CONTRACTUAL 160922 7/13/2010 1,434.11 KNIFE RIVER CONTRACT REPAIR & MAINTENANCE 160923 7/13/2010 119.99 KOGUN, KEVIN UNIFORMS & PERSONAL EQUIP 160924 7/13/2010 104.99 KOSEK, ANDREW UNIFORMS &PERSONAL EQUIP 160925 7/13/2010 15.25 KOSEK, RICHARD EQUIPMENT PARTS 160926 7/13/2010 352.00 KOTTKE, GARY OTHER CONTRACTUAL 160927 7/13/2010 16,534.44 KRAEMER TRUCKING & EXCAVATING IMPROV OTHER THAN BLDGS 160928 7/13/2010 3,400.00 KUE CONTRACTORS INC BUILDINGS 160929 7/13/2010 8,102.42 L &PSUPPLY CO RECEIVED NOT VOUCHERED 160930 7/13/2010 57.69 LANDSCAPE CONCEPTS, INC LANDSCAPE MATERIALS - 160931 7/13/2010 395.00 LEAGUE OF MN CITIES TRAVEL SCHOOL CONFERENCE 160932 7/13/2010 295.00 LEAGUE OF MN CITIES TRAVEL SCHOOL CONFERENCE 160933 7/13/2010 252.00 LEE, JEREMY OTHER CONTRACTUAL 160934 7/13/2010 30.00 LEMBCKE, PAT &DAVE TREE APPLICATION /PERMITS 160935 7/13/2010 1,090.13 LITTLE CROW SHOOTING SPORTS OPERATING SUPPLIES 160936 7/13/2010 44,664.30 LOCHER BROTHERS INC COST OF SALES -BEER 160937 7/13/2010 23,887.00 LOGLS DATA PROC EQUIPMENT RENTAL 160938 7/13/2010 59.99 LOKENSGARD, THOMAS UNIFORMS & PERSONAL EQUIP 160939 7/13/2010 16,637.00 LTP ENTERPRISES CONTRACT REPAIR & MAINTENANCE 160940 7/13/2010 4,149.15 LYNDE & MCLEOD INC RECEIVED NOT VOUCHERED 160941 7/13/2010 97.44 M -RSIGN SIGNS& STRIPPING MATERIALS 160942 7/13/2010 2,789.45 MACQUEEN EQUIP INC CENTRAL GARAGE REPAIR 160943 7/13/2010 159.24 MAIN STREET SPORTS BAR OPERATING SUPPLIES 160944 7/13/2010 195,268.55 MATHIOWETZ CONSTRUCTION IMPROV OTHER THAN BLDGS 160945 7/13/2010 15.00 MCDONALD TRAILER PARK TREE APPUCATION /PERMITS 160946 7/13/2010 19.75 MCLEOD COUNTY COURT ADMINISTRA MISCELLANEOUS 160947 7/13/2010 198.00 MCLEOD COUNTY RECORDER PROFESSIONAL SERVICES 160948 7/13/2010 46.00 MCLEOD COUNTY RECORDER PRINTING & PUBLISHING 160949 7/13/2010 171,929.22 MCLEOD COUNTY TREASURER IMPROV OTHER THAN BLDGS 160950 7/13/2010 289.62 MCLEOD PUBLISHING INC PRINTING & PUBLISHING 160951 7/13/2010 301.50 MEHR, BRIAN TRAVEL SCHOOL CONFERENCE 160952 7/13/2010 1,672.07 MENARDS HUTCHINSON CHEMICALS & PRODUCTS 160953 7/13/2010 146.07 MIDWEST MACHINERY CO REPAIR & MAINTENANCE SUPPUES 160954 7/13/2010 95.00 MINNEAPOLIS, CITY OF OTHER CONTRACTUAL 160955 7/13/2010 1,452.76 MINNESOTA DEPT OF AGRICULTURE DUES & SUBSCRIPTIONS 160956 7/13/2010 42.00 MINNESOTA DEPT OF AGRICULTURE LICENSES & TAXES 160957 7/13/2010 11.50 MINNESOTA DEPT OF MOTOR VEHICL MISCELLANEOUS 160958 7/13/2010 11.50 MINNESOTA DEPT OF MOTOR VEHICL MISCELLANEOUS 160959 7/13/2010 11.50 MINNESOTA DEPT OF MOTOR VEHICL MISCELLANEOUS 160960 7/13/2010 390.00 MINNESOTA DEPT OF PUBLIC SAFET TELEPROCESSING EQUIP 160961 7/13/2010 337.50 MINNESOTA ELEVATOR INC CONTRACT REPAIR & MAINTENANCE 160962 7/13/2010 495.00 MINNESOTA NURSERY & LANDSCAPE DUES & SUBSCRIPTIONS 160963 7/13/2010 23.00 MINNESOTA POLLUTION CONTROL AG LICENSES & TAXES 160964 7/13/2010 56.45 MINNESOTA SHREDDING REFUSE - RECYCUNG 160965 7/13/2010 2,910.00 MINNESOTA VALLEY TESTING LAB OTHER CONTRACTUAL O 160966 7/13/2010 265.87 MORAN USA, LLC COST OF SALES -MISC 160967 7/13/2010 459.00 MORGAN CREEK VINEYARDS COST OF SALES -WINE 160968 7/13/2010 892.56 MOTION INDUSTRIES INC RECEIVED NOT VOUCHERED 160969 7/13/2010 75.00 NATIONAL ARBOR DAY FOUNDATION DUES & SUBSCRIPTIONS 160970 7/13/2010 23150 NEPM DIV OF AM-DA INC OPERATING SUPPUES 160971 7/13/2010 68.12 NEKTEL COMMUNICATIONS COMMUNICATIONS 160972 7/13/2010 96.00 NORMAN, DICK OTHER CONTRACTUAL 160973 7/13/2010 559.44 NORTH CENTRAL LABORATORIES OPERATING SUPPLIES 160974 7/13/2010 535.00 NORTH SHORE ANALYTICAL INC OTHER CONTRACTUAL 160975 7/13/2010 1,248.04 NORTHERN BALANCE & SCALE EQUIPMENT PARTS 160976 7/13/2010 297.91 NORTHERN BUSINESS PRODUCTS OFFICE SUPPLIES 160977 7/13/2010 135.56 NORTHERN SAFETY &INDUSTRIAL SAFETY SUPPLIES 160978 7/13/2010 275.96 NORTHERN STATES SUPPLY INC EQUIPMENT PARTS 160979 7/13/2010 79.98 NOWAK, JENNIFER UNIFORMS & PERSONAL EQUIP 160980 7/13/2010 1,917.13 NU- TELECOM MISCELLANEOUS 160981 7/13/2010 229.79 O'REILLY AUTO PARTS EQUIPMENT PARTS 160982 7/13/2010 544.00 OELFKE, MARK OTHER CONTRACTUAL 160983 7/13/2010 182.56 OENOPHILLA COST OF SALES -MISC 160984 7/13/2010 153.94 OFFICE OF ENTERPRISE TECHNOLOG COMMUNICATIONS 160985 7/13/2010 41.00 OUTDOOR MOTION OPERATING SUPPLIES 160986 7/13/2010 301.85 P.F. PETTIBONE & CO. OPERATING SUPPLIES 160987 7/13/2010 74.90 PAULSON, JOHN TRAVEL SCHOOL CONFERENCE 160988 7/13/2010 216.00 PEARCE,GREG PROFESSIONAL SERVICES 160989 7/13/2010 400.00 PELLINEN LAND SURVEYING PROFESSIONAL SERVICES 160990 7/13/2010 15.00 PENWELL, DEB TREE APPLICATION /PERMITS 160991 7/13/2010 19,200.53 PHILLIPS WINE &SPIRITS COST OF SALES -WINE 160992 7/13/2010 444.56 PLOTZ, GARY D TRAVEL SCHOOL CONFERENCE 160993 7/13/2010 872.00 POHLMEIER, RICH OTHER CONTRACTUAL 160994 7/13/2010 448.00 POPP, RANDY OTHER CONTRACTUAL 160995 7/13/2010 35.02 POSITIVE ID INC MISCELLANEOUS 160996 7/13/2010 1,440.00 POSTMASTER POSTAGE 160997 7/13/2010 187.04 PRIEVE LANDSCAPING & LAWN CARE CONTRACT REPAIR & MAINTENANCE 160998 7/13/2010 9,852.68 PRINCE OF PEACE SENIOR APT INC MISCELLANEOUS 160999 7/13/2010 27.00 PRIORITY 1 LIFE SAFETY OPERATING SUPPLIES D U 161000 7/13/2010 200.02 PRO AUTO& TRANSMISSION REPAIR CENTRAL GARAGE REPAIR 161001 7/13/2010 1,333.80 PRO CARE SERVICES INC CONTRACT REPAIR & MAINTENANCE 161002 7/13/2010 9433 PRO -BUILD REPAIR & MAINTENANCE SUPPLIES 161003 7/13/2010 396.11 QUAOE ELECTRIC REPAIR& MAINTENANCE SUPPUES 161004 7/13/2010 2,391.86 QUALITY CONTROL & INTEGRATION OTHER CONTRACTUAL 161005 7/13/2010 240.47 QUALITY FLOW SYSTEMS EQUIPMENT PARTS 161006 7/13/2010 18,192.41 QUALITY WINE &SPIRITS CO. COST OF SALES -WINE 161007 7/13/2010 1,527.60 RJ.L TRANSFER FREIGHT 161008 7/13/2010 2,039.44 RAMSTAD TECHNOLOGIES LLC REFUNDS & REIMBURSEMENTS 161009 7/13/2010 112.75 RBSCOTT EQUIPMENT RECEIVED NOT VOUCHERED 161010 7/13/2010 2,726.71 REINER ENTERPRISES, INC FREIGHT - IN 161011 7/13/2010 846.45 REINER IRRIGATION & SEPTIC INC OPERATING SUPPLIES 161012 7/13/2010 27.86 RELIABLE OFFICE SUPPUES OFFICE SUPPLIES 161013 7/13/2010 3,954.21 ROYALTIRE RECEIVED NOT VOUCHERED 161014 7/13/2010 433.25 RUNNING'S SUPPLY RECEIVED NOT VOUCHERED 161015 7/13/2010 384.76 RUTTGERS BAY LAKE LODGE TRAVEL SCHOOL CONFERENCE 161016 7/13/2010 62.98 SCHIROO ELECTRICAL REBUILDING RECEIVED NOT VOUCHERED 161017 7/13/2010 18.00 SCHLUETER, JOEL OTHER CONTRACTUAL 161018 7/13/2010 19,867.03 SCHMEUNG OIL CO MOTOR FUELS & LUBRICANTS 161019 7/13/2010 7,946.33 SCHOOL DIST# 423 OTHER REVENUES 161020 7/13/2010 64.20 SCOTT'S WINDOW CLEANING SERVIC AUDIT& FINANCE 161021 7/13/2010 3,602.98 SEH PROFESSIONAL SERVICES 161022 7/13/2010 465.86 SEPPELT, MILES TRAVEL SCHOOL CONFERENCE 161023 7/13/2010 461.23 SHARE CORP CHEMICALS & PRODUCTS 161024 7/13/2010 79.07 SHELLENBARGER, VIRGENE OFFICE SUPPLIES 161025 7/13/2010 40.76 SHOPKO OPERATING SUPPLIES 161026 7/13/2010 126.13 SIMPLEXGRINNELL LP CONTRACT REPAIR & MAINTENANCE 161027 7/13/2010 228.98 SORENSEN'S SALES & RENTALS RECEIVED NOT VOUCHERED 161028 7/13/2010 2,781.64 SPRINT COMMUNICATIONS 161029 7/13/2010 983.84 ST. JOSEPH'S EQUIPMENT INC RECEIVED NOTVOUCHERED 161030 7/13/2010 850.73 STANDARD PRINTING RECEIVED NOT VOUCHERED 161031 7/13/2010 1,950.51 STAPLES ADVANTAGE OFFICE SUPPLIES 161032 7/13/2010 1,100.00 STEILE CONSTRUCTION CONTRACT REPAIR & MAINTENANCE 161033 7/13/2010 95.87 TARGET BANK SAFETY SUPPLIES 161034 7/13/2010 87.00 TEK MECHANICAL CONTRACT REPAIR &MAINTENANCE 161035 7/13/2010 20.00 TESCHENDORF, ALTHEA CAMPGROUND FEES 161036 7/13/2010 512.00 THOMPSON, BENJAMIN OTHER CONTRACTUAL 161037 7/13/2010 125.00 THOMPSON, ERIC UNIFORMS & PERSONAL EQUIP 161038 7/13/2010 34.00 THUNSTROM, MICHELLE RECREATION ACTIVITY FEES 161039 7/13/2010 584.54 TIMBERLAKE LODGE TRAVEL SCHOOL CONFERENCE 161040 7/13/2010 326.34 TIMBERLAKE LODGE TRAVEL SCHOOL CONFERENCE 161041 7/13/2010 326.34 TIMBERLAKE LODGE TRAVEL SCHOOL CONFERENCE 161042 7/13/2010 1,344.98 TKDA PROFESSIONAL SERVICES 161043 7/13/2010 28.00 TOTAL FIRE PROTECTION CONTRACT REPAIR & MAINTENANCE 161044 7/13/2010 17,161.42 TREBELHORN &ASSOC MOTOR FUELS & LUBRICANTS 161045 7/13/2010 978.56 TRICO TCWIND, INC EQUIPMENT PARTS 161046 7/13/2010 7,692.30 TWIN CITY PALLETS INC. RECEIVED NOT VOUCHERED 161047 7/13/2010 616.19 TWO WAY COMMUNICATIONS INC CONTRACT REPAIR & MAINTENANCE 161048 7/13/2010 944.00 UHLCOMPANY CONTRACT REPAIR & MAINTENANCE 161049 7/13/2010 9.00 UNIVERSITY OF MINNESOTA PROFESSIONAL SERVICES 16 D5O 7/13/2010 112.92 USA BLUE BOOK REPAIR & MAINTENANCE SUPPLIES 161051 7/13/2010 1,991.75 USPS- HASLER POSTAGE 161052 7/13/2010 74.76 VERTECH SOLUTIONS & SERVICES CONTRACT REPAIR & MAINTENANCE 161053 7/13/2010 20,386.40 VIKING BEER COST OF SALES -BEER 161054 7/13/2010 36835 VIKING COCA COLA COST OF SALES -MISC 161055 7/13/2010 132.00 VOELZ, JOEL OTHER CONTRACTUAL 161056 7/13/2010 130.40 WAL -MART COMMUNITY MISCELLANEOUS 161057 7/13/2010 815.78 WASTE MANAGEMENT OF WI -MN REFUSE - RECYCUNG 161058 7/13/2010 5,396.00 WCCO -AM RECEIVED NOT VOUCHERED 161059 7/13/2010 60.00 WELCOME NEIGHBOR ADVERTISING 161060 7/13/2010 833.33 WELLS FARGO INSURANCE SERVICES PROFESSIONAL SERVICES 161061 7/13/2010 1,088.95 WINE MERCHANTS INC COST OF SALES -WINE 161062 7/13/2010 17,679.05 WIRTZ BEVERAGE MINNESOTA FREIGHT 161063 7/13/2010 21,319.72 WOODUNE SAWMILLS, INC RECEIVED NOT VOUCHERED 161064 7/13/2010 74.00 WOODS, CANDICE COST OF SALES -MISC 161065 7/13/2010 2,012.85 WORK CONNECTION, THE OTHER CONTRACTUAL 161066 7/13/2010 55.00 WRIGHT COUNTY SHERIFFS OFFICE OTHER CONTRACTUAL 161067 7/13/2010 755.46 XEROX CORP COPY MACHINE 161068 7/13/2010 3,375.00 ZACHOW, NORMAN FREIGHT -IN 161069 7/13/2010 155.98 ZEP MANUFACTURING CO EQUIPMENT PARTS 161070 7/13/2010 309.70 ZIEGLER INC CONTRACT REPAIR & MAINTENANCE 1,666,689.14 Grand Total Payment Instrument Totals Check Total 1 1,666,689.14 Total Payments 1 1,666,689.14 MEMORANDUM POLICE / EMERGENCY MANAGEMENT SERVICES TO: Mayor and Council �/ FROM: Chief Daniel HattenOP" DATE: July 6, 2010 RE: Communication COPS — Secure Our Schools (SOS) Grant On July 2, 2010, this department submitted a COPS grant application entitled Secure Our Schools. This grant is designed by the Federal government to be a partnership with law enforcement and the schools in their area. The main object is to improve school security and safety while incorporating the community policing philosophy. This department joined with Independent School District 423 to apply for the grant monies available. The deadline for applying was July 2nd. Due to the short time frame in which to apply for the grant not all the particulars have been determined. The SOS grant does require a 50% match from the agencies that apply. Since this is a partnership with ISD 423 a portion of the matching funds will be provided by them — how much is yet to be calculated. The total amount of the proposed project is $149,670. Before accepting any award with regard to this grant I, along with Superintendant Vanderheiden, will outline who is responsible for what dollars and will each present the information to our respective governing bodies to discuss their willingness and / or ability to accept the grant. /Ikg 2010 -01 -0022 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 for a term of 20 years 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. In addition, a yearly filing fee of $0.00 must be paid. Furthermore, at the end of the franchise period, the City will consider renewing the franchise agreement through a separate process. 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 0 olicies being for the protection of Grantor and its officers, agents and employees, against liability for loss or damage for bodily jury, 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 T In the event 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 require 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 13`h day of July, 2010. Mayor Attest: City Administrator Published in the Hutchinson Leader on vst Reading: June 22, 2010 Second Reading: July 13, 2010 I L) June 28, 2010 Mayor Steve Cook City of Hutchinson 111 Hassan St. SE Hutchinson, MN 55350 Dear Mayor Cook, The flag pole that I want to erect at my office (130 Washington Ave. E., Hutchinson, MN) will be 20' high and will have a standard 3' X 5' American Flag. I have enclosed a number of photos of other flag poles that are on the City of Hutchinson's property in the downtown area. I plan to attend the city council meeting on July 14, 2010 to answer any other questions you may have. Thank you. Sincerely, he Do ey ✓ Cc: Kent Exner, Jim Haugen, Bill Arndt, Eric Yost, Chad Czmowski Cheryl Dooley From: <cwoIler@homeIownmn.corn> To: <col ey@hom.e tower` nn.com>; <cwolIer@hometownrnn,com> Sent: Thursday, June 24, 2010 4-40 PM S u bj ect; 6/24/10 Get Kodak prints of this picture, and all your other favorites., at www.kodakqgllerv.com! 4 17 Page I of.' Y Page 3 of 4' How to save a pinure Simply right-dick on it, then "Save Image As.., (Mac users. drag the picture to your desktop.) Free Software! Organize, print, and share your digital photos us-Ing FREE Kodak EasyShare software. Download t-he software Ko d a k E- s y S a r,--. ,4 Get 20 Free �� Prints Get started for free at kodakgalliery.com and we'll give you 20 free prints {new members only). Plus, create photo mugs, books, cards, and more! JUN 0 1 2010 CITY OF HUTCHINSON FRANCHISE AGREEMENT P e APPLICATION Date: 6/1/10 Property Address: 130 Washington Ave. E. Zoning District: C — 3 Applicant: Address: Cheryl Dooley Work Phone: 587 -6115 Home Phone: Legal Description of property: LO`F 1 -+ N Z L.' of Lot 2 4 loct / S t/2 C; 4-� Description of request: _install a flag pole in front of our building (Washington Ave. ) Certificate of Liability Insurance: Site drawing of request: —4 440F..,_ r",orp '27--a 9 /A "r 1_11 This is an application only. The request must be approved by the Hutchinson City Council and an ordinance published. q �� 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, 2010 Second Reading: July 13. 2010 �\ C 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: July 13, 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. Per City Council feedback at the June 22°d meeting, this agreement was brought back to the applicant for renegotiation of the annual lease amount inflation factor. Based on the applicant's input and final proposal (please see attached correspondence), the inflation factor has been adjusted to an annual rate of 3 %. We recommend that the City Council consider the attached Agreement and Memo for approval. cc: Gary PloM City Administrator 9 �) Kent Exner From: John Paulson Sent: Monday, June 28, 2010 8:17 AM To: Kent E:xner; Marc Sebora Cc: Gary Plotz; Dick Nagy Subject: FW: Verizon (Midwest Wireless) lease Attachments: LeaseHutchinsonThreePercentCom promise. pdf Importance: High Good Morning, Attached is the revised Midwest Wireless lease agreement. Below you will find an explanation regarding the change to 3% and why CPI is not used by Verizon Wireless. To clarify, Verizon owns Midwest Wireless but left the lease in Midwest's name for accounting purposes. This appears to be Verizon's maximum rate they are willing to accept for this area. Feel free to contact me with any questions. Thanks, (g4s�)" 0 . John Paulson Environmental Specialist City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 ioaulson @ci. hutchinson.mn.us 320.234.5682 Office 320.583.1941 Cell 320.234.4240 Fax r= Think Green - please do not print this email unless necessary From: Julie R. Plante [mallto:julieplante @gmail.com] Sent: Friday, June 25, 2010 9:31 PM To: John Paulson Subject: Verizon (Midwest Wireless) lease Hi John, Verizon Wireless cannot agree to an increase based on CPI. Verizon is willing to compromise and offer the city a 3% annual increase, rather than the 2 %. A lease with a 4% increase would be rejected by the Area Manager. Having an increase based on CPI is against Verizon company policy for a number of reasons. One is for budgeting reasons. It is important for Verizon to have a long term snapshot of what a site is costing. Also, if an increase were to be based on CPI, our payment system cannot automatically adjust for CPI. There is too great of risk for error which could 1 9 result in a rental payment not being correct and a default action by the Landlord. It puts Verizon in too great of a risk. Since all payments are automatic and not done by a person there is no way for Verizon to know if a lease rate needs a CPI adjustment. Three percent is above market for the area, but in the interest of having the lease approved at the next meeting I will be able to get a justification approved. I have attached an updated copy of the lease to reflect 3 %. Thanks, John, for placing this lease in front of the City Council. I will be out of the office until July 1 st. Julie Plante 612 - 242 -3673 NOTICE: Unless restricted by law, e-mail correspondence to and from the City of Hutchinson or Hutchinson Utilities may be public data subject to the Minnesota Data Practices Act and /or may be disclosed to third parties. SITE LEASE AGREEMENT THIS SITE LEASE AGREEMENT ( "Lease "), made this day of 20 (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 Aereement. Effective January 1, 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 "Terminated Agreemenf�. 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. I. 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 8 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 I by three percent (3 %) 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 l of 18 Site Lease Agreement 15084160 q 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 Continzencv. (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 MN07 Hutchinson Page 2 of 18 Site Lease Agreement 15094160 q� 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 I I(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. MN07 Hutchinson Page 3 of 18 Site Le Agreement 15084160 9 \ (d) Operation. 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. MN07 Hutchinson Page 4 of 18 Site Lease Agnxment 1508416,3 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 (l) 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 furnish 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- 2727 ". 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. MN07 Hutchinson Page 5 of 18 Site Lease Agmment 15084160 q �� 6. Emereencv 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. MN07 Hutchinson Page 6 of 18 Site Lean Agreement 1508416x3 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 MN07 Hutchinson page 7 of 18 Site Lease Agreement 15094160 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 MN07 Hutchinson page 8 of 18 Site Lease Agrecment 15084160 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. MN07 Hutchinson Page 9 of 18 Sim Lease Agreement 1509416.3 (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. Asslanment. 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 MN07 Hutchinson Page 10 of 18 Site Lx c Agreement 15084160 � ��� 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. Riaht 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): MN07 Hut<himmn Page I 1 of 18 Site Lea Agreement 15084160 1 Landlord: City of Hutchinson Office of the City Administrator l 11 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/Title 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. Governing Law. This Lease shall be construed in accordance with the laws of the State MN07 Huwhin n Page 12 of 18 Site Lean Agreement 150941e0 ��� 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 ofpage intentionally left blank MN07 tlurcnme n Page 13 of 18 Site Lean Agreenwrrt 15094160 IN WITNESS WHEREOF, the parties hereto have set their hands and affixed their respective seals the day and year written below. LANDLORD: City of Hutchinson, a Minnesota municipal corporation By: Name: Its: Mayor By: Name: Its: City Administrator Date: ML 304 "W Midwest Wireless Communications L.L.C., a Delaware limited liability company Beth Ann Drohan Its: Area Vice President Network Date: Acknowledgments on following page Remainder of page intentionally left blank MN07 Hutchinson page 14 of l8 Site Lena Agreement 15084160 9 C') LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) ) SS. COUNTY OF MCLEOD ) This instrument was acknowledged before me on ' 20 by , and 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 ♦ : ►Y �J d 1 J 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 Page 15 of 18 Site Lease Agreement 1508416v3 �C� Exhibit A 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 Page 16 of 18 Site Lease Agreement 15094160 9 t'O Exhibit B (Page 1 of 2) z amtm a.s rrsta snow DWW L" MIrDft V (M I1 ■ N4 0111 _ =7 ' 0-0 come Y 9m" O IM PAM O Mm�M X N r \J L IMB/q \\L Fl1lp � nr INR NORM lMd� W MN07 HUTCHINSON MN07 Hutchinson page 17 of 18 Site Lease Agreement 150&H60 qb>) as {4 ! R tmlo •, eel am onwMz DEW mm mm (4) 4Y cants PDONM MOM wa Cq wo mnm MOW= mm 5 • Exhibit B (Page 2 of 2) _s- On, 9'. tY `E1811� tcnM p° ofc'on Oq v s p V Oult110. ®IIRIOIi 7R]el 5% sa rt. LM ?m MN07 Humhimmn Page 18 of IS Site Lane Agreement 15094160 o o nK ttmtrrr 377 +7R ttttm sw r R.E= RLWW toot DWMY 7 R Mm awWlt tUt¢ y d� srwr 4ti � mr NOMM MN07 HUTCHINSON 9 cO DRAFTED BY AND RETURN TO: Moss & Barnett (JDL) - 4800 Wells Fargo Building 90 South Seventh Street Minneapolis, MN 554024129 (Site Name: MN07 Hutehtnson) (Prepared by Carol J. Yerks, Telephone No. (612) 877 -5314) (Space above this line for Recorders 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 20, 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 2nd 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 Hutchimmn Memorandum of Site Lease Agreement 1602016v 9L) IN WITNESS WHEREOF, Landlord and Tenant have duly executed this Memorandum as of the day and year written below. 19 00 00) 11 City of Hutchinson, a Minnesota municipal corporation B1 Its: Mayor By: Name: Its: City Administrator Date: MN07 Hutchinson Memorendton of Sae Lease Agreement 1602016v TENANT: Midwest Wireless Communications L.L.C., a Delaware limited liability company 0 Beth Ann Drohan Its: Area Vice President Network Date: Acknowledgments on following page Remainder ofpage intentionally left blank q [10 LANDLORD ACKNOWLEDGMENT STATE OF MINNESOTA ) )SS. COUNTY OF MCLEOD ) This instrument was acknowledged before me on , 201 by , and 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. MN07 Hutchir n Memmuidwn of Site Lease Agr nt 1602016v Print or Type Name: Notary Public in and for the State of Illinois My appointment expires: 3 q N) Exhibit "A" (Legal Description) Page 1 of 1 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. MNG7 Hmchin Me uxandum of Site Lease Agreement 1602016v1 9 tb) Marc A. Sebora, City Attorney Office of the City Attorney Memorandum To: Hutchinson City Council Members From: Marc A. Sebora City Attorney Date: July 9, 2010 Re: Waste Management Contract Renewal 111 Hassan street SE Hutchinson, hiN 55350.2522 320- 587.5151 /F" 320.234 -4201 Enclosed please find an initial draft of the proposed new contract with Waste Management. Two items that the City is still awaiting to hear from Waste Management about are the base rate and a description of the types of trucks that will be permitted to conduct waste collection activities in the City. Jeremy Carter will have that information prior to the Council meeting — Printed an recycled paper — I L) 63 )- INDEX I........ TERM ................................................................................ ............................... II....... DEFINITIONS .................................................................... ............................... III...... CONTRACTOR SERVICES 2 3 N A...... MMSW and Source Separated Organics .............................. 4 B...... Carts and Computerized Chin Reading System ............................. 5 C...... City Cart Pickup on City Property and Public Rights -of -Way ....... 5 D...... Recyclables Collection and Disposal ............................ 5 E...... Scheduling of Collection - :MMSW, Organics and Recyclables 6 F...... Yard Waste, Hard Goods and White Goods 6 G...... Equipment ........ 7 H...... Personnel Requirements ...................... 7 I....... Supervision 7 J....... Safetv ...................... 8 IV. PAYMENT AND ADJUSTMENTS TO RATES ............................... ............................... 8 V. ANNUAL BOARD OF REVIEW /COMPLAINTS ............................. .......................'....... 8 VI. LEGAL COMPLIANCE ...................................................................... ............................... 8 VII. LICENSING ........................................................................................ ............................... 8 VIII. ASSIGNMENT AND TRANSFER ..................................................... ............................... 9 IX. PERFORMANCE BOND ............................................................... ............................... 9 X. HOLD HARMLESS ......................................................................... ............................... 9 XI. INSURANCE ................................................................................... ............................... 10 XII. GUARANTY OF NONDISCRIMINATION XIII. DEFAULT AND TERMINATION .......................................... ............................... XIV. ENTIRE AGREEMENT ........................................................... ............................... XV. REMEDIES ARE CUMULATIVE ........................................... ............................... 1 10 10 10 CITY OF HUTCHINSON DRAFT (07/09/10) AGREEMENT FOR RESIDENTIAL COLLECTION AND HAULING SERVICES: REFUSE, GARBAGE, MIXED MUNICIPAL SOLID WASTE, AND SOURCE SEPARATED ORGANICS AND RECYCLABLE MATERIALS THIS AGREEMENT is effective as of August 1, 2010, by and between the CITY OF HUTCHINSON, MINNESOTA, a Minnesota municipal corporation ( "City "), III Hassan Street Southeast, Hutchinson, MN 55350, and WASTE MANAGEMENT OF MN, INC., a Minnesota corporation that is a wholly -owned subsidiary of WASTE MANAGEMENT, INC., 124 Union Street, Norwood, :MN, 55368 ( "Contractor "). RECITALS WHEREAS, the City has authority to provide collection and hauling services under Minn. Stat. §412.221, Minn. Stat. §I15A.941, and City Ordinance 92 -57, Second Series (the "Ordinance "); and WHEREAS, the City has not organized collection pursuant to Minn. Stat. §1 15A.94; and WHEREAS, the City requires collection and hauling services for refuse, garbage, and mixed municipal solid waste (together hereinafter "MI \1 S W ") and source separated organics (hereinafter "organics ") and recyclable materials (hereinafter "recyclables ") from residences and certain other establishments in the City; and WHEREAS, the Contractor is a licensed hauler in the City engaged in the business of collecting and hauling such wastes and materials; and WHEREAS, the City desires to hire the services of the Contractor; and WHEREAS, the City on or about April 1, 2001 will begin operating a compo sting facility for source separated organic materials and a transfer station for mixed municipal solid waste; and WHEREAS, McLeod County plans to own and operate a materials recovery facility for, recyclables; and WHEREAS, Contractor desires to provide collection and hauling services to the City and to deliver collected waste and materials to the destinations identified herein; and NOW, THEREFORE, it is agreed by and between the parties: I. TERM A. Term The term of this Agreement shall be a period of five (5) years commencing August 1, 2010. 1&A II. DEFINITIONS For purposes of this Agreement, the following terms shall have the following meanings: A. "County" means McLeod County. B. "Facility" means the Hutchinson Compost and Transfer Facility (MPCA Permit SW -569) owned and operated by the City. C. "Hard Good" means non - electronic consumer items customarily found in and about a residential dwelling including, without limitation, furniture, mattress sets, carpet rolls, bicycles, exercise equipment, weed whackers and other yard equipment, garden tillers, cultivators and other garden equipment, and similar consumer items. D. "Hazardous Waste" means waste defined as hazardous by State or Federal law, rules and regulations, including but not limited to 42 U.S.c. § 6903(5), and regulations interpreting such act, or in Minnesota Statutes § 1 16.06, subd. 13, and regulations interpreting such statute, but not including waste excluded from regulation by Minnesota Rules 7045.0120A, as any of the foregoing may be amended from time to time. E. "Mixed Municipal Solid Waste ( "MMSW')" has the meaning provided in Minn. Star. § 115A03, subd. 21, except for purposes of this Agreement MMSW shall not include source separated compostable materials. F. "Organic Waste" means garden organics, kitchen organics, twigs, grass clippings, leaves, and similar vegetable materials, newspapers, cardboard not exceeding the diameter of the cart, and similar domestic paper, food and meat scraps, kitchen and garden organics. G. "Organic Cart" means a green plastic container with wheels with imbedded chip technology more fully described in Section III. B. 2. the contents of which shall be limited to Organic Waste as defined herein. H. "Recyclable Materials" means glass, plastic, aluminum, tin cans, paper, and any other materials mutually agreed between Contractor and the City. I. "Title" means ownership, including the right and authority to direct the location and method of disposal. Title to MMSW, Organic Waste, Recyclable Materials, and any items collected pursuant to this agreement passes to the City at the time the customer places such item in its appropriate location for collection by the Contractor. The City's title continues until relinquished by the City upon final disposal. J. "Unacceptable Waste" means waste delivered in quantities to the Facility which, as determined by the Facility, may pose a threat to health or safety, or to the environment, or may cause damage to, or materially adversely affect, the operation of the Facility, including but not limited to: Hazardous Waste, chemicals and radioactive materials; incinerator ash; foundry sand; explosives; hospital, pathological and biological waste; oil sludges; asbestos in identifiable quantities; cesspool or other human waste other than that contained in disposable diapers; sewage and other higWy diluted, water - carried materials or substances and those in gaseous forms; human or animal remains street sweepings; ash; mining waste; sludges; construction waste and demolition debris; sod, soil, or rocks; tires; hazardous refuse of any kind, such as cleaning fluids, crank case oils, cutting oils, paints, acids, caustics, poisons, drugs, large hard goods or white goods, and such other materials prohibited from being deposited in a landfill under federaVstate /county law or regulations or as may be specified in writing from time to time by the Facility. K. "White Good" means domestic appliances including but not limited to refrigerators, clothes dryers, computers, television sets, vacuum cleaners, hot water heaters, trash compactors, microwave ovens, air conditioners, dehumidifiers and similar domestic items. III. CONTRACTOR SERVICES The Contractor shall provide the following services to the City: MMSW and Source Separated Organics 3 ( ­b to-) Contractor shall provide collection service to all residential customers, as determined by the City, plus any commercial, institutional, or industrial (hereinafter "commercial ") accounts that have waste generation that does not exceed a weekly volume of one 90- gallon container for L \I MSW, and one 90 gallon cart for organics. If the customer generates L \I MSW, the customer shall be provided a choice of a 30, 60 or 90- gallon container. For organics, the customer will have a 90- gallon cart. The customer will also have a choice of valet pickup service (adjacent to garage/house) at an extra charge for MMSW and/or organics cart service. The City will also have an extra bag charge for L \iMSW or Organic Waste, using designated bags and/or stickers. Customers with a 30- gallon MMSW cart and with a minimal amount of'MMSW may elect to have every other week service and are responsible to contact the City's Utility Billing Department. The City will then notify the Contractor which residences require every other week service. All MMSW and organics collected by the Contractor during this Agreement shall be delivered by the Contractor to the Hutchinson Compost Facility. The MMSW fraction shall be directly transferred from that portion of the Contractor's truck to a walking floor semi trailer provided by the City. The Contractor will be responsible for positioning and operating its truck(s) at the direction of City staff The operation of the walking floor trailer will be the responsibility of the City. The City will then be responsible for transportation and disposal of remaining MMSW in the semi - trailer to a landfill or other permitted disposal facility selected by the City. The Contractor shall continually make a good faith effort to supply the compost facility with more organics for composting purposes. 4. In the event the walking -floor semi- transfer trailer is not available, the Contractor shall transport the MMSW to the landfill or other licensed disposal facility designated by the City. The City will reimburse the Contractor for the actual cost of transporting the :MM:SW to the City's designated landfill or other licensed disposal facility, specifically including truck fuel, labor, and employee benefits. The City will also pay for all landfill or other disposal charges, except as specified below, and further reserves its full right of choice and discretion in selecting and negotiating with such landfill or other licensed disposal facility. 5. The organics shall be placed at the Hutchinson Compost Facility at a location specified by the Facility personnel. The organic waste will then be managed by the Facility. 6. Cart containers are to be furnished and maintained in good condition by the Contractor. Actual service needs are to be determined by volume accumulations as judged by the City Resource Recovery Coordinator, upon review with the Contractor. 7. Collection shall not include Hazardous Waste or other Unacceptable Waste. S. MMSW and organics cart containers shall be placed at the curb on collection day by customers, in a location easily accessible to motor vehicle pick -up. Containers must be placed properly for pick -up prior to 6:00 a.m., and cannot continue past 7:00 p.m. on the day of collection to ensure service. 9. Valet service will be provided by the Contractor at the direction of the City for all customers choosing this option. 10. The Contractor shall not deliver any Unacceptable Waste to the Facility, nor shall the Contractor mix any Unacceptable Waste with :MMSW or organics collected under this Agreement. If the Contractor is uncertain whether certain waste is unacceptable, Contractor may request a determination from the Facility by submitting a request to the Facility. IL If the Facility has a reasonable basis to believe that MMSW or organics delivered by the Contractor contains Hazardous Waste or other Unacceptable Waste, the Facility may require the Contractor, at Contractor's expense, to recover and properly manage or dispose of waste deposited upon the tipping floor which contains hazardous waste or unacceptable waste. In the event :MMSW or organic are rejected by the Facility, and the Contractor disagrees with a decision by the Facility, the Contractor shall have the right to present information to the City in support of its claim. The claim will then be resolved by the City Council. 12. Contractor shall implement and carry out an organics collection program for Hutchinson area schools with the materials collected to be disposed of consistent with this Section A. N A B. Organics Carts and Computerized Chip Reading System I . The Contractor will be responsible to provide and maintain two (2) plastic containers (with wheels) for each customer, at no charge to the City or customers. The customer can choose a 30, 60, or 90 gallon refuse cart. Cart specifications are as provided in the Contractor's Request for Proposal. 2. The second cart will be designated for organics and be green in color. The green organics cart shall have the imbedded chip technology described in Attachment _ readable by equipment mounted on the automated cart lift arm. The Contractor shall be responsible for the installation and maintenance of the chip reading equipment, and provide the City with daily collection data that is downloadable to the City's computer system. The format will be a comma delimited ACSII file. Layout must match existing City software, and the Contractor shall provide the street serial number with its matching serial number on the cart. The MMSW cart may be any other color approved by the City. Additionally, the MI'v1SW cart may be previously used. The green organics cart shall be new. Both carts shall be injection molded. 4. The City Utility Department shall notify the Contractor of any new accounts. Garbage containers and Organic Carts shall be dropped offby the Contractor to the new account on or before the pickup date next following notification. Such notification must be in writing by any medium. 5. The City plans to utilize the computerized reading system to determine participation and may offer a credit system. 6. Each container ('MMSW and organic) shall have the name of the Contractor, and a toll free number to assist in handling customer concerns. Contractor shall provide a 24 -hour answering service for the toll -free number. Also, a serial number is required. In the event the City desires to have a sticker on the organics carts, the City will pay for such sticker and the Contractor shall install the sticker. 7. Lost or missing carts shall be the responsibility of the Contractor. One replacement cart, in such cases, shall be provided the customer at no charge, for refuse and organics, respectively. The Contractor shall have the right to collect payment directly from the customer for any containers beyond the aforementioned replacements described above; however, collection of this additional payment shall not be the responsibility of the City. 9. The customer shall have an initial window of opportunity to change the size of their'MMSW until July 1, 2001. Thereafter, the size of the cart may only be changed on a monthly basis, pursuant to the upcoming monthly billing date, according to the deadline established by the City Finance Director. Changes after the window of opportunity will result in a customer charge of $1 0.00 per stop, to be collected by the City and paid to the Contractor. 10, The City shall not be liable to the Contractor for purchasing too many or too few of a given cart size. C. City Cart Pickup on City Property and Public Rights of Way The Contractor shall provide carts utilizing the automated side arm for the City Property and Public Rights -of -Way locations indicated on the map in Attachment - - - -, according to the size and type of cart, frequency of pick -up per month, type of service - valet services or curb service, and number of carts per location (JU MSW and/or organics) indicated on the map. In the eVent the City desires pickups per week or additional locations not on the map, the City reserves the right to add or delete locations at the per unit price in Attachment _ D. Recyclables Collection and Disposal The Contractor shall collect Recyclable Materials (blue bin) as defined herein, at curbside on the same day MMSW is collected from the customer. The recyclable materials shall not be co-mingled in any manner by the Contractor at any time such Recyclable Materials are located vIthin McLeod County. The Contractor shall ensure that all recyclable materials are marketed and shall retain any proceeds derived from such markets. However, if and when the County establishes a Materials Recovery Facility (.MRF) for recyclable materials, the Contractor shall deliver to the County MRF all recyclable ,bU) materials collected pursuant to this Agreement. In this event, any marketing proceeds shall remain on deposit with the County, to be shared between the City and the County as their interests may appear. 2. If mutually agreed upon, other materials can be added such as magazines, catalogues and other types of paper, metals and plastics. The Contractor shall not mix MMSW or organics with the recyclables or take any action so as to make the recyclable material unacceptable to the County MRF. 4. The Contractor shall provide monthly reports to the City on marketing of recyclable materials for all materials collected. The required information includes the market, the receipts, and the net weight and type of material. 5. In the event the County :MRF cannot accept the materials, the Contractor shall deliver the recyclable materials to a licensed MRF( s) or other proper recycling market of its choosing. 6. Recyclable materials, when delivered to the County MRF or other market shall not have reject levels that exceed two percent (2 %). The City will initially provide the Contractor with its current scanning devices. Any replacement, operational, or maintenance costs are the responsibility of the Contractor. In the event Contractor wants to implement a different scanner system or process, the replacement system must be compatible with the City's existing software and be approved by the City prior to implementation. E. Scheduling of Collection - MMSW. Organics and Recyclables The Contractor shall provide collection for MMSW, organics and recyclables according to the Collection Schedule in Attachment _ Any change in the collection schedule requires the agreement of the City and the Contractor. 2. Subsequent changes to the Collection Schedule require a 90 -day advance notice and approval by the City Council prior to implementing a change. If approved, the Contractor shall provide written notice to customers of the change at least 15 days in advance of implementation. 3. Scheduling changes due to a holiday are permitted if notice is printed in the Hutchinson Leader and Shopper Newspaper (using no less than 12 point type) at the expense of the Contractor. 4. In the event the Contractor shall fail to make a collection at any particular residence as required by this Agreement, the Contractor shall do so within 24 hours after notification from the City or customer of the address where such pickup was not made. The Contractor shall keep a record of all missed collections and provide it to the City at the end of each month. 5. Collections shall only be made as have been authorized by this Agreement or the City, and the Contractor shall not be entitled to payment for any collections made and not authorized by the City or this Agreement. 6. In the event that the City wishes to discontinue service at a collection stop, the City shall notify the Contractor to that effect at least one week prior to the date of discontinuance of such service. Yard Waste, Hard Goods and White Goods Yard Waste special collection shall be provided by the Contractor at curbside on three dates in spring as determined by the City. All materials are to be delivered to the City Compost Facility. The City reserves its discretion to specify the type of compost bag(s) eligible to be picked up. In addition to yard waste, the Contractor shall pick up twigs and brush bundled and no longer than four (4) feet on the same three dates in spring referred to above, and deliver such materials to the City Compost Facility. t) &) The City's customers shall be provided by the Contractor the opportunity to have one Hard Good and one White Good picked up at curbside once in spring and once in fall, at dates determined by the City. All other times of the year, City customers may contact any hauler licensed by the City, including the Contractor, to remove Yard Waste, Hard Goods and White Goods at the customer's own cost, or the customer may haul such items themselves at their own cost. The Contractor is responsible to pay for any special charges at the landfill or other disposal or recycling destination for White goods and Hard Goods. G. Equipment Should any MMSW, organics, recyclables or other waste or materials collected by the Contractor be dumped or spilled duringcollection or transportation, such waste or materials shall be immediately cleaned up by Contractor. A broom and shovel in goousable condition should be placed and maintained on each vehicle for this purpose. Carts and vehicles shall be kept clean, sanitary, usable, and as free from all offensive odors as possible and shall not be allowed to stand in any street, alley, or other place longer than is reasonably necessary. 2. The Contractor shall keep all equipment used in the performance of the work in good operating condition and in a clean, sanitary condition, shall thoroughly disinfect each vehicle at least once a week unless the same has not been used since the last disinfection thereof, and shall thoroughly inspect each vehicle as necessary. They shall be equipped to meet all federal, state, and municipal regulations concerning vehicles used on public roads and maintained to meet these standards. Equipment is subject to periodic inspection by the City. 3. The Contractor shall advise the City in writing of any withdrawal of a part of such equipment or of any change therein within one week of the time of making such change. 4. Each collection vehicle shall have a flashing light warning system, fire extinguisher, and proper back -up alarms as approved by the City. 5. No truck which is engaged in the collection of any materials pursuant to this contract, or which contains any such materials, shall collect, load or contain any non - contract materials. H. Personnel Requirements I. There shall be no limitation on the size of the Contractor's collection crew so long as they are sufficient to fulfill the requirements of this Agreement. The Superintendent shall respond to citizen or City complaints and keep a log noting the name of the complainant, address about which the complaint is lodged, manner in which the complaint was resolved and any other information deemed useful. The log shall be available for review by the City Resource Recovery Coordinator at reasonable times. 2. The Contractors employees shall handle all containers with reasonable care to avoid damage, replace the containers in an upright position on the boulevard adjoining the curb, and properly dispose of any contents which may be spilled. The Contractor's employees will also report to the Contractor any violations of regulations as they observe in the performance of their work. Employees shall be sober at all times in the performance of their duties, be of a presentable appearance, perform work in a neat and quiet manner, and at all times be courteous to the public. Supervision I . A full -time superintendent of collections shall be employed by the Contractor and shall be the representative of the Contractor under this Agreement. The superintendent shall be on the job during normal hours of collection operations and shall maintain proper schedules for collection. The superintendent shall have supervisory duties which shall include servicing of complaints. 2. All services to be performed for the City by the Contractor pursuant to the terms of this Agreement shall be supervised by such employee, agent, or officer of the City as the City Administrator shall designate. The designated 1 b LCJi-) inspector may have access to all of the Contractor's records and equipment at reasonable times. Safety The Contractor shall provide and maintain all sanitary and safety accommodations for the use and protection of its employees as may be necessary to provide for their health and welfare and comply with federal, state, and local codes and regulations, as well as those of other bodies and tribunals having jurisdiction. IV. PAYMENT AND ADJUSTMENTS TO RATES Payments to the Contractor shall be made according to the following: A. The City will pay the Contractor on a monthly basis according to the Schedule in Attachment _ . The City will utilize a quarterly customer count to determine the monthly payment to the Contractor. On August I and February I of each year, the City will adjust each of the respective rates for any percentage increase /decrease in the most recent annual Consumer Price Index for all urban consumers, Minneapolis/St. Paul ( "CPI -V") as published by the United States Bureau of Labor Statistics. This shall be the sole method of compensating the Contractor for any increase in operating cost (i.e. labor, fuel, etc.) during the term of this Agreement. The minimum increase shall be 2% and the maximum increase shall be 4 %. B. Except as provided above, the City shall be responsible for billing customers for all services provided by the Contractor, as well as all computations necessary in individual rates for the inclusion of landfill charges paid by the City, plus a monthly City administrative charge as determined by the City Council, or other charges it deems necessary. C. The applicable state sales taxes and surcharges shall be billed by City to customers and paid to the state by City. D. The Contractor shall keep complete and accurate records in accordance with generally accepted accounting practices. Accounting of all MMSW, organics, recyclables, Yard Waste, Hard Goods, and White Goods collected, including but not limited to tip receipts/reports, shall be provided on a weekly basis to the City's Finance Director in such detail as deemed necessary by the City. E. The Contractor shall promptly pay all persons doing work or furnishing skills, tools, machinery, or materials or insurance premiums or equipment or supplies and all just claims for such work, material, equipment, insurance, and supplies in and above the performance of this Agreement. V. ANNUAL BOARD OF REVIEW /COMPLAINTS The City shall advertise and the Contractor shall attend an annual meeting to review public comments, complaints, suggestions, etc. regarding services under this Agreement. The meeting shall be at a date and time established by the City Council. A record of all complaints and action taken thereon shall be kept by the Contractor and reported monthly to the City. All complaints shall be answered by the Contractor courteously and promptly. VI. LEGAL COMPLIANCE A. The Contractor shall comply with ordinances of the City and the laws and regulations of the State of Minnesota and its agencies relating to solid waste management in effect during the term of the Agreement. B . The Contractor shall report all violations of ordinances pertaining to solid waste management for enforcement purposes, including all unsanitary and filthy conditions, to the City Code Enforcement Office. VII. LICENSING The Contractor must be licensed under City ordinance on an annual basis and comply with all provisions of said ordinance (see Attachment ). The Contractor must also obtain licensing through the County Solid Waste Department and is subject to all )D6-� regulations of the County. VIII. ASSIGNMENT AND TRANSFER A. The Contractor shall not make or create, or suffer to be made or created, any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or any part thereof or any interest therein, without the prior written approval of the City, which approval will not be unreasonably withheld. If such a request is made, the City Council reserves the right and full discretion to accept the assignmentitransfer, or teiminate the Agreement at a timetable chosen by the City Council to facilitate an orderly change to another potential contractor. B. The City shall be entitled to require, except as otherwise provided in this Agreement, as conditions to any such approval that: I. Any proposed transferee shall have the qualifications and financial responsibility, as reasonably determined by the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by Contractor; and 2. The transfer does not create an anti -trust situation in the local solid waste hauling industry that is contrary to the public interest of the residents of the City; and 3. Any proposed transferee, by instrument in writing satisfactory to the City for itself and their successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of service under this Agreement and agreed to be subject to all the conditions and restrictions to which service is subject. It is the intent of this paragraph, together with other provisions of this Agreement, that (to the fullest extent permitted by law and equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership or any part thereof, or any interest therein, however consummated or occurring, whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the City of or with respect to any rights or remedies or controls provided in or resulting from this Agreement; and There shall be submitted to the City for review all instruments and other legal documents involved in effecting such transfer, and if approved by the City, its approval shall be indicated to the Contractor in writing. The proposed transferee shall submit to the City for review all bonds, insurance policies, and any and all other documents required by this Agreement, and if approved by the City, its approval shall be indicated to the proposed transferee in writing. IX. PERFORMANCE BOND The Contractor shall execute and deliver to the City a performance bond in the sum of $1 00,000 conditioned upon the faithful performance of the Agreement. In addition, to further protect the City in the event the Contractor fails to properly perform under the Agreement, the Contractor shall pledge to the City all receivables collected by the City and not paid to the Contractor, and all receivables not yet collected by the City. This Agreement shall not become effective until such bond has been delivered to the City in form acceptable to the City Attorney and has been accepted by the City. Such bond shall be filed with the City Clerk within ten (10) days from the execution of this Agreement and shall remain in effect until the expiration of this Agreement. In the event the Contractor fails to properly perform under this Agreement, the City may take whatever action is necessary to secure substitute collection and hauling services for the remainder of the Agreement -term, and may use the proceeds of the bond to pay for the difference between the rates provided by the Agreement and the actual cost of such substitute service X. HOLD HARMLESS The Contractor agrees to indemnify and hold harmless the City, its agents, officers, and employees from any and all claims, causes of action, liabilities, losses, damages, costs, expenses including, but not limited to reasonable attorneys' fees, suits, demands, and judgments of any nature, specifically including, any claims under state or federal superfund liability laws, and/or because of bodily injury to, or death of, any person or persons and/or because of damages to property ofthe Contractor or others, including loss of use from any cause whatsoever, which may be asserted against the City on account of any act or omission, including 16 L-L) negligence, of the Contractor, or the Contractor's employees or agents in connection with the Contractors performance of this Agreement. The Contractor agrees to defend any action brought against the City on any such matters, and to pay and satisfy any judgment entered thereon together with all costs and expenses incurred in connection therewith. The City shall in no way be liable for any claims or charges incurred by the Contractor in the performance of this Agreement. XI. INSURANCE A. During the entire period of this Agreement, the Contractor shall carry Public Liability Insurance including coverage of all motor vehicles of $1,500,000.00 combined single limit (bodily injury and property damage); and $1,500,000.00 in excess liability; and the City of Hutchinson shall be a party insured in said policies. B. Additionally, the Contractor agrees to pay all necessary Federal Social Security taxes and all State or Federal taxes required by law and at its own expense will cover all of their employees with workers compensation insurance as required by law, and shall deliver such policies to the City of Hutchinson. The Contractor agrees to comply with all laws of the State of Minnesota and the United States regarding the employment of persons. C . All policies evidencing insurance required by this paragraph shall name the City and the Contractor as named insureds, and shall insure the City and the Contractor by reasons of any act or omission, including negligence, of the Contractor or of the Contractor's employees or agents in connection with the performance of this Agreement, including claims arising out of the use of or operation of any vehicles used by the Contractor or the Contractor's employees or agents in performing this Agreement. Such policies shall be in form and content satisfactory to the City Attorney and shall be filed with the City Clerk. A certificate showing that the Contractor has in effect the aforesaid insurance covering both the Contractor and the City shall be filed with the City Clerk within ten (10) days from the execution of the Agreement, and yearly thereafter, at least thirty (30) days prior to the date ofthe expiration of said policies of insurance for each year of the Agreement. All of the foregoing policies shall be issued by an insurance company or companies licensed to do business in the State of Minnesota and authorized to assume the risks covered thereby. Memorandum policies and receipts for the payment of premiums shall be filed with the City showing payment of premiums for at least one year in advance and on each renewal date provided therein. XII. GUARANTY OF NONDISCRIMINATION The Contractor agrees that during the term of this Agreement, the Contractor will not, within the State of Minnesota, discriminate against any employee or applicant for employment because of race, color, creed, national origin or ancestry, or sex, and will include a similar provision in all subcontracts entered into for the performance' thereof The Agreement may be cancelled or terminated by the City, and all money due or to become due may be forfeited for a second or subsequent violation of the terms or conditions of this paragraph. This paragraph is inserted in the Agreement to comply with the provisions of Minnesota Statutes, § 181.59. XID. DEFAULT AND TERMINATION A. If the City determines that the Contractor is in violation of the terms of this Agreement, a written notice of default will be sent to the Contractor allowing thirty (30) days to comply. Failure by the Contractor to correct the default by end of the 30 -day period shall provide the City the right to terminate this Agreement by written notice to the Contractor. B. Upon failure of the Contractor to fulfill any of the provisions of this Agreement, the City Administrator shall be authorized to hire such personnel equipment, or assign City employees and equipment, as may be necessary to do such work and the cost of such expenses thereof may be charged and deducted from any monies due the Contractor, collected from the Contractor, or collected by recourse to the Contractor's bond, pursuant to Article IX, above. XIV. ENTIRE AGREEMENT. This Agreement, with all of its Attachments incorporated herein by reference, is the entire agreement between the parties. No modification of this Agreement shall be valid or effective unless made in writing and signed by the parties hereto. iIU IacG)-- XV. REMEDIES ARE CUMULATIVE. All remedies described in this Agreement may be exercised by the City in addition to and not in lieu of any other remedy provided in law or equity. IN WITNESS WHEREOF, the City of Hutchinson and Waste Management of Minnesota, Inc. have executed this Agreement the day and year written below. Dated: L WASTE MANAGEMENT OF MINNESOTA, INC. CITY OF HUTCHINSON CITY OF HUTCHINSON M Its: M Its: 11 X IIn Its: )O / Marc A. Sebora, City Attorney Office of the City Attorney Memorandum To: Hutchinson City Council Members From: Marc A. Sebora City Attorney Date: July 9, 2010 Re: Hutchinson City Sales Tax 111 Arisen Street SE Hutchfa n, MN 553547522 320 - 587- 5151/Fax 320.2354201 This memo is a follow up to the Council's discussion from a couple of meetings ago when we last discussed the proposed 1/2% Hutchinson city sales tax. As you know, despite the many efforts of the mayor and city staff, the bill introduced by Sen. Dille for legislative approval of a Hutchinson city sales tax in the last legislative session did not pass. If it is the desire of the City Council to continue to pursue this idea, the statute requires that a few things be done: 1.) The City Council must pass a Resolution setting forth the parameters of the proposed new tax including the tax rate, how the revenues will be used, the total revenue that will be raised before the tax expires, and the estimated length of time that the tax will be in effect. 2.) After passage of the Resolution, the voters would need to approve the implementation of the tax at a general election. 3.) The Legislature would then have to approve a special law putting the sales tax into effect. If the city Council wishes, I could prepare a Resolution for you to consider at the July 27, 2010, City Council meeting. The Resolution would contain the required statutory language, as well as the declaration of the Council to have the question put to the voters at the general election on November 2, 2010. The proposed ballot language would be considered in the Resolution as well. I look forward to answering any additional questions you may have about this at the July 13, 2010, City Council meeting. — Printed on recycled paper — 1(�(b) CITY OF HUTCHINSON MEMO Finance Department July 9, 2010 TO: MAYOR & CITY COUNCIL FROM: JEREMY CARTER, FINANCE DIRECTOR SUBJECT: 2009 FINANCIAL REVIEW Kyle Meyers from the CPA Firm of Abdo, Eick & Meyers LLC. will be here August 24`s to do a brief over view of the City of Hutchinson's 2009 audited Comprehensive Annual Financial Report (CAFR) at the regular Council meeting and answer any questions council members may have at that time. Also, at the workshop, beginning at 4 p.m. Kyle Meyers will review the 2009 CAFR in greater detail and cover the management letter answering any questions and giving clarification on any information presented in the 2009 financial statements. Once I receive the printed versions of the 2009 audited financial statements and management letter I will distributed them to each of you, which should be well before the August 24h meeting. Any questions ahead of time can be directed to my attention. Thanks H: \DOC \City council memo 1.doc )D(G) Too Citizens of the Hutchinson Fire District, Mayors, City Councils, and Town Board Supervisors Frorm Brad Emans, Fire Chief Data 07101/2010 Re: Monthly Update on Activities of the Fire Department Fire Department Response: The Fire Department responded to 44 calls for service in the month of June. Fire Officer Only Response: A "fire officer only' responded to 11 calls in June, saving the Hutchinson Fire District the cost of a "general" alarm estimated at 1$ .958.00 for the month. Response Time (First Emergency Vehicle Out of the Door): June —4 minutes 8 seconds Example of a Few of the Calls: • The FD responded to two power outages within the city in a one week period causing people to become stuck in elevators, and fire alarm panels to activate throughout the city; • The FD responded to a hit and run vehicle accident, the vehicle was found on fire and the driver ran away causing a search of the area around the accident site; • The FD responded to a one vehicle accident and extricated one victim from the entangled vehicle; • The FD responded to a building fire in the westem part of the fire district, the property owner failed to notify Meeker County dispatch that the fire was a controlled bum; • The FD responded to a missing person report, the FD searched the river below the dam and the land on both sides of the river. The missing person reported back to the facility early the following morning; • The FD responded to a bam fire in the northeast part of the fire district, the family was using a 55 gallon barrel as a recreational fire pit inside the hayloft_ The vacant bam was a total loss; • A FD officer responded to a carbon monoxide call, the detector was activated by the burning of candy inside residence; • The FD assisted with a welfare check on a possible "garbage house "; • The FD responded to machine fire in an industrial building in the southeast part of the city. The fire was extinguished by built-in fire protection system; • The FD responded to seven fire alarms in a three hour period, all activated by the severe weather in the area. t 11(o Breakdown of the Calls for the Month: City Type of Call Number for the Month Residential 3 Commercial/Industrial 11 Mufti-Family 2 School 0 Grass 0 Medical 4 CO 3 Rescue 2 Haz-Mat Leak/Spill 4 Vehicle 0 S -Wam 1 Mutual Aid 0 Total 30 Structure Fires 0 Arson 0 Rural: of Call Number for the Month -Type Residential 2 Commercial / Industrial 0 School 0 Farm Building 2 Grass 1 Medical 4 CO 0 Rescue 3 Haz-Mat Leak/Spill 1 Vehicle 1 Mutual Aid 0 Total 14 Structure Fires 2 Arson 0 Training: Firefighters trained on the following topics/equipment In June: Firefighters trained in various part of the city on "real time" emergency response which include incident command size -up, truck positioning, water supply, and hose advancement on two consecutive training nights; • The Fire Departrnent conducted the "Oath of Office' ceremony for new recruits and the "Letters of Commendations" ceremony for those fire and police officers that performed above and beyond expectations during a critical incident in the fire district • Page 2 I I L�__) Fire Prevention ! Public Relations / Other Information: • Firefighters participated in the 68'" Annual Jaycee Water Carnival Parade; • Firefighters assisted HAHC with 1 a Aid at the end of the Water Carnival Parade; • Firefighters assisted with the Jaycee Water Carnival fireworks exhibition; • A Fire Officer assisted the staff at Birchwood with the written evacuation procedure for clients and staff, • Two of our paid-on-call firefighters remodeled the fire station kitchen and Battalion Chiefs office on the second floor. These individuals represent the best of the people that protect the fire district, Other Information: Number of calls that required more than one engine, one IC, and four firefighters for June: 15 Estimated dollars lost to fire for the June: $26,500 Estimated dollars saved for the June: $260,000 • Page 3 LQ- • Memorandum TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator Brenda K. Ewing, Human Resources Director RE: Voluntary Severance Program Recommendation DATE: July 13, 2010 Attached is a recommendation from staff for a 2010 voluntary severance program for Council consideration. The voluntary layoff severance program proposal includes the following components, and is similar to the packages provided to employees prior to 2009 for severance eligible events: 1. One week of pay for each year of service to the City, up to a $20,000 maximum • payment. 2. The dollar equivalent of one week of the employer provided health and dental premium for each year of employment (full time employees, only). 3. Total voluntary severance package will be at least the minimum amount offered under the involuntary severance package. 4. Accept the Voluntary Severance Package offer on or before September 1, 2010. 5. Final paid date no later than November 1, 2010. Attached is a spreadsheet with general examples of how the voluntary layoff severance would be calculated for individuals with various years of service and the different levels of insurance coverage (single /family). Encl. �ac�� 2010 Voluntary Layoff Severance Program Includes the Following Components,._ - 1 One week of pay for each year of -service up to a $20,000 maximum. 2 The dollar equivalent of one week of the employer provided health and dental insurance for each year of employment (full time only) 3 Total voluntary severance package will be at least the minimum amount offered under the involuntary severance package. 1 - - L - Employees subject to a layoff will be separated from employment no later than November 1, 2010. These employees are eligible to receive payment of unused vacation leave and compensatory time upon separation - r -- Date of Hire 6/15/1985 Layoff Date 10/31/2010 10/31/2010 10/31/2010 Yrs of Service 25.4 1/3/11996 11/30/2006 - - Hourly Rate $29.00. - Weekly Rate $1,160.00 i Total $29,464.00 Total /$20,000 Max 20,000.00 i Insurance Cov. Family Health Prem. $1,301.23 Dental Prem. $88.90 Monthly Total $1,390.13 14.8 -- $25.00 $1,000.00 $1 Single $520.62 $28.90 $549.52 3.9 $20.00 ;,:E= 120.00 Family $1,301.23 $1,390.13 -- Months of Coverage 6.4 3.7 1 Insurance Paymen 8,898.83 2,033.22 - 1,390.13 - -- Total Severance 28,896.83 18833.22 4,510.13 -1 - -- -- 1 - - - -- -- * - amount is less than the involuntary severance package of $6,719.85 • Memorandum TO: Mayor and City Council FROM: Gary D. Plotz, City Administrator Brenda K. Ewing, Human Resources Director RE: Involuntary Layoff Severance Program Recommendation DATE: July 13, 2010 Attached is a recommendation from staff for a 2010 involuntary layoff severance program for Council consideration. The involuntary layoff severance program proposal includes the following components, similar to what was provided for in 2009: 1. Two weeks of pay and one (1) day pay for each year of service up to a $5,000 maximum combined payout. • 2. Payment representing the 35% of the COBRA cost of the current medical and dental insurance premiums for a 9 -month period. The involuntary separation(s) is(are) proposed to be effective no later than November 1, 2010. Attached is a spreadsheet with general examples of how the involuntary layoff severance would be calculated for individuals with various years of service and the different levels of insurance coverage (single /family). Encl. • a(( - 2 un rY Layoff Severance I P- rogram_ 010 - _ •Involuntary layoff Severance Pro � 1 gram Includes the Following - Components: - 1 - Y maximum-.--- - 1 Two weeks of a and one 1 day p 00 - - _P_ Y O y pay for each year of service up to a $5,000 I- Note': One day is considered 8 hours. F T - - -- L 2 Payment representing the 35% of the COBRA cost of the medical/dental premiums for -month period r -- - Employees subject to a layoff will be separated from employment no later than November 1, 2010. These employees are eligible to receive payment of unused vacation Leave and_com P ensato time upon separation. - ry -- Examples 4 Em to ee A - Em to ee B Em to ee C - - - - -_ - Date of Hire 6115/1985 1/3/1996 11/30/2006 - - Layoff Date 12/31/2010 12131/2010 12/31/2010 Yrs of Service 25.5: - 15.0 - -- 4.1 - -r - - Hourly Rate $29.00 -- $25.00 $20.00 I - lI - - Daily Rate $232.00;' - -- $200.00 $160.00 7 -_ Weekly Rate $1,160.0at $1,000.00 $800.00 - 2 Weeks Pa_ $2,320.00; -_ � - - - _ y - $2,000.00 $1,600.00 - - - Day Pa - - y/Yr Sery $5,926 31 $2,998.89 - $653.33 - - Total $8,246.31: - $4,998.89 $2,253.33 - - Total /$5,000 Max 5,000.00 4 998.89 2,253.33 - T - - -M_- - Insurance Cov. Family - Single Family - I - r 35% Health Prem. $464 54 $185.86 $464.54 - - -4 -- 35% Dental Prem. $31 74 $13.89--- 13 89 - - $31.74 - } - Monthly Total $496 21% $199.75 $496j - .28 _ -- � - Month F�aymentj $ 4,4 M. 1 797.75797.75 4,41112 Total Severance $9.499821 r"Ta"Maim, TAV -fir- { -�- -- - - - - --