cp06-09-2015HUTCHINSON CITY COUNCIL
MEETING AGENDA
TUESDAY, JUNE 9, 2015
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many
decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents,
and other questions or information that has not yet been presented or discussed regarding an agenda item)
1. CALL MEETING TO ORDER— 5:30 P.M.
(a) Approve the Council agenda and any agenda additions and/or corrections
2. INVOCATION — Bethlehem United Methodist Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
PUBLIC COMMENTS
is is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a
question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please
keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda
in advance of the meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.)
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of May 26, 2015
CONSENT AGENDA
(The items listedjor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city
staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA I
(a) Consideration for Approval of Amending Purchase of Fire Truck From an Open Bid Process to
Utilization of HGAC Contract Proposal
(b) Consideration of Resolution No. 14433 — Resolution to Sell At Auction Surplus Property (1999
Half -Ton Pickup)
(c) Consideration for Approval of Food Vendor License Renewals for Hutchinson Downtown
Association and Rafael Jimenez
(d) Consideration for Approval of Issuing Temporary Liquor License to Hutchinson Center for the
Arts for the RiverSong Music Festival on July 17 & 18, 2015
(e) Reappointment of Curtis Hughes to Police Commission to May 2018
(f) Claims, Appropriations and Contract Payments
CITY COUNCIL AGENDA JUNE 9, 2015
PUBLIC HEARINGS (6:00 P.M.) - NONE
purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. Includes
like monthly or annual reports and communications from other entities.)
8. DISCUSSION OF NEW DONATED SCOREBOARD AT VETERAN'S MEMORIAL FIELD
UNFINISHED BUSINESS
9. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 15-0742 — AN
ORDINANCE AMENDING CHAPTER 74 OF THE HUTCHINSON CITY CODE — TRAFFIC
SCHEDULES
10. APPROVE/DENY SECOND READING AND ADOPTION OF ORDINANCE NO. 15-
0743 — AN ORDINANCE AMENDING AIRPORT COMMISSION TERMS
NEW BUSINESS
11. APPROVE/DENY ENTERING INTO PURCHASE AGREEMENT WITH MIDCOUNTRY BANK
12. APPROVE/DENY SETTING JOINT MEETING WITH EDA BOARD FOR JULY 8, 2015, AT 11:30
A.M.
GOVERNANCE
(T e purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy
development and governance process items.)
13. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) EDA Board Minutes from April 2, 2015, and April 22, 2015
(b) Parks, Recreation, Community Education Board Minutes from April 6, 2015
MISCELLANEOUS
14. STAFF UPDATES
15. COUNCIL/MAYOR UPDATES
ADJOURNMENT
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HUTCHINSON CITY COUNCIL
MEETING MINUTES
TUESDAY, MAY 26, 2015
CITY CENTER — COUNCIL CHAMBERS
(The City Council is provided background information for agenda items in advance by city staff, committees and boards. Many
decisions regarding agenda items are based upon this information as well as: City policy and practices, inputfrom constituents,
and other questions or information that has not yet been presented or discussed regarding an agenda item)
INSTALLATION OF NEWLY ELECTED CITY COUNCIL MEMBER:
WILLIAM ARNDT
1. CALL MEETING TO ORDER— 5:30 P.M.
Ma or Gary Forcier called the meeting to order. Members present were Mary Christensen, John
L%ahl, Chad Czmowski and Bill Arndt. Others present were Matt Jaunich, City Administrator, Marc
Sebora, City Attorney and Kent Exner, City Engineer
(a) Approve the Council agenda and any agenda additions and/or corrections
Matt Jaunich, City Adminstrator, noted that Item 7(a) will be moved to New Business due to a
revision to the Resolution. Item 7(c) will be removed from the agenda.
Motion by Czmowski, second by Christensen, to approve the agenda as revised. Motion carried
unanimously.
2. INVOCATION — Hunter's Ridge Community Church
3. PLEDGE OF ALLEGIANCE
4. RECOGNITION OF GIFTS, DONATIONS AND COMMUNITY SERVICE TO THE CITY
Council Member Arndt thanked the Hutchinson High School Key Club for their volunteer work
throughout the community. Council Member Arndt also thanked those who worked at the cemetery for
putting flags out over Memorial weekend.
Mayor Forcier commented on the well -put -together Memorial Day service. Mayor Forcier also
commented on donated labor to the Farmers' Market gutter installation.
(a) Resolution No. 14431 — Resolution Accepting Park Donations
Matt Jaunich, City Administrator, explained that the following donations have been received by the
City: Hutchinson Oddfellows Hassan Valley Lodge 109 donated $500.00 for a park donation;
McLeod County Veterans Park supporters donated $3,000.00 for a park donation; Hutchinson
Rotarians donated $4,561.00 to Rotary Park fitness equipment and Hutchinson Health donated
$20,000.00 to Rotary Park fitness equipment.
Motion by Arndt, second by Lofdahl, to approve Resolution No. 14431. Motion carried
unanimously.
(b) Proclamation — Arbor Day — May 28, 2015
Mayor Forcier read a Proclamation proclaiming May 28, 2015, as Arbor Day and proclaiming 3M
Company as the official sponsor.
PUBLIC COMMENTS
(]his is an opportunity or members of the public to address the City Council on items not on the current agenda. Ifyou have a
question, concern or comment, please ask to be recognized by the mayor state your name and address for the record. Please
keep comments under 5 minutes. Individuals wishing to speakfor more than five minutes should ask to be included on the agenda
in advance ofthe meeting. All comments are appreciated, butplease refrain from personal or derogatory attacks on individuals.)
CITY COUNCIL MINUTES MAY 26, 2015
5. CITIZENS ADDRESSING THE CITY COUNCIL
6. APPROVAL OF MINUTES
(a) Regular Meeting of May 12, 2015
(b) Council Workshop of May 12, 2015
Motion by Lofdahl, second by Christensen, to approve the minutes as presented. Motion carried
unanimously.
CONSENT AGENDA
(The items listedfor consideration will be enacted by one motion unless the Mayor, a member of the City Council or a city
staff member requests an item to be removed. Traditionally items are not discussed.)
7. APPROVAL OF CONSENT AGENDA I
(a) Consideration for Approval of Xcel Energy Renewable Development Fund Grant Contract for
Wastewater Treatment Facility Solar PV Project
(b) Consideration for Approval of Improvement Project Change Order No. 1 (Letting No. 1, Project
No. 15-01)
(c) Consideration of Resolution No. 14432 — Resolution Authorizing Execution of MnDOT Grant
Agreement 03888 for Airport Maintenance and Operation, Amendment #2
(d) Consideration for Approval of Lane Closure on 1st Avenue SE on June 24, 2015, from 6:00 —
9:00 p.m. for 2nd Annual Minnesota Teen Challenge Event
(e) Consideration for Approval of Premises Permit Application to Allow American Legion Post 96
to Operate Gambling Devices at Landy's Lodge Located at 35 3rd Avenue SE
(f) Consideration for Approval of Issuing Short -Term Gambling License to St. Anastasia Catholic
Church on September 12 & 13, 2015
(g) Consideration for Approval of Issuing Short -Term Gambling License to McLeod County Voiture
414 on November 24, 2015
(h) Claims, Appropriations and Contract Payments — Register A
Item 7(b) was pulled for separate discussion. Items 7(a) and 7(c) were already pulled previously.
Motion by Christensen, second by Arndt, to approve consent agenda with the exception of the
items noted above. Motion carried unanimously.
Item 7(b) — Council Member Lofdahl wished to further discuss this item. Council Member
Lofdahl noted that the payback to the City over 14 years is substantial. The objectives of the
project are outlined in the Council packet however Council Member Lofdahl outlined the array
of benefits to the City and the community with this project.
Motion by Lofdahl, second by Christensen, to approve Item 7(b). Motion carried unanimously.
2
CITY COUNCIL MINUTES MAY 26, 2015
PUBLIC HEARINGS (6:00 P.M.) - NONE
purpose o t is portion o t e agen a is to provi e t e ounci with information necessary to craft wise policy. Includes
like monthly or annual reports and communications from other entities.)
8. DISCUSSION OF 2014 CITY ENERGY USAGE AND CONSERVATION EFFORTS
John Paulson Environmental Specialist presented before the Council. Mr. Paulson provided a brief
overview of the the compiled 2014 energy usage data relative to specific City departments and
ongoing energy conservation efforts. Overall, electric usage has been reduced by approximately 20%
department -wide. Gas usage has increased approximately 8% department -wide. Much of this has to do
with the extremely cold winters in 2013 & 2014. Mr. Paulson provided graphics that illustrate the City's
city-wide electric use, natural gas use, annual natural gas usage, and annual electric usage.
9. PRESENTATION OF CITY OF HUTCHINSON FIVE-YEAR CAPITAL IMPROVEMENT PLAN
ACCORDING TO CITY CHARTER SECTION 7.05
Matt Jaunich, City Administrator,presented before the Council. Mr. Jaunich noted that per City Charter
he is charged with presenting the five-year capital improvement plan to the Council by June 1 of each
year. Mr. Jaunich noted that much work still needs to be done with the plan, however he wanted to
present it to the Council now as required. Mr. Jaunich explained that one of the items that is new with
this plan is the new policy that a capital item must have a useful life of three years or greater and a
minimum cost of $10,000. Mr. Jaunich touched on a few items included in the plan, however he noted
that a workshop will be held in July/August to review it in more detail.
UNFINISHED BUSINESS
NEW BUSINESS
9(a) CONSIDERATION OF RESOLUTION NO. 14430 — RESOLUTION TO APPROVE A
CONDITIONAL USE PERMIT MODIFICATION AND SITE PLAN REVIEW TO ALLOW
CONSTRUCTION OF A MULTI -FAMILY BUILDING COMPLEX OF SIX BUILDINGS WITH
UP TO 23 -UNIT BUILDING IN AN R-4 ZONING DISTRICT LOCATED AT 875 CENTURY
AVENUE SW (PULLED FROM CONSENT AGENDA)
Dan Jochum, Planning Director, presented before the Council. Mr. Jochum clarified that upon further
review of the City's zoning ordinance, it has been determined that a "zero bedroom" apartment is a
studio apartment. No garaues are included with the proposed plan. The Planning Commission approved
the site plan and CUP application with staff recommending approving up to 117 units on the site due to
density requirements. The developer has been requesting 138 units. After the Planning Commission
meeting last week, staff realized that the allowable density was not properly calculated due to confusion
on the site plan regarding how many of the entrances to the apartment units were private entrances.
Staff has since found out that each apartment unit will have its own private entrance, meaning that 400
square feet per unit can be deducted from the lot area requirement for the project. What this means is
that the 13 8 units the developer originally proposed actually does meet the density requirements of the
zoning ordinance. The total lot area is 350,658 sf which will allow for 138 units as previously requested
by the developer. Mr. Jochum noted that the proj ect will be phased in with additional construction being
phased in as demand requires.
Motion by Lofdahl, second by Czmowski, to approve Resolution No. 14430. Motion carried
unanimously.
10. APPROVE/DENY PROPOSAL FROM USAQUATICS FOR HUTCHINSON AQUATIC CENTER
Matt Jaunich, City Administrator, noted that as a follow-up from the Council workshop held on May 12,
2015, the Council had determined to move forward with an aquatic center project. This item for
CITY COUNCIL MINUTES MAY 26, 2015
consideration is to enter into an agreement with USAquatics to conduct design work for the project. The
proposal is projected at a cost of $68,000 plus expenses. This proposal does not include putting together
the construction documents for bidding purposes. That would be an additional cost of the total
construction costs. This proposal also does not include USAquatics supervising the bidding process
and/or managing the construction phase of the project that will be included with the award contracts and
quotations. Mr. Jaunich reviewed that this project is a four-phase project. The first phase has been
completed with the study that was conducted in 2013. This proposal would be considered phase two of
the project. Phase 3 would be the construction documents and phase 4 would be the biddinu and
management portion with the construction of the project. Mr. Jaunich did offer out to the Council that
RFPs could be sought for these services, however staff does feel comfortable working with USAquatics.
Timeline of the proj ect was discussed. Most likely, construction would begin at the end of pool season
of 2016 with an opening in Spring of 2017.
Motion by Czmowski, second by Christensen, to approve proposal from USAquatics for Hutchinson
Aquatic Center. Motion carried unanimously.
11. APPROVE/DENY RENEWING AGREEMENT BETWEEN CITY OF HUTCHINSON AND
INDEPENDENT SCHOOL DISTRICT 423
Dolf Moon, PRCE Director, presented before the Council. Mr. Moon explained that this agreement
extends the joint powers agreement between the City and ISD 423 for another three years, with an
automatic three year renewal option. This agreement establishes a Parks, Recreation and Community
Education program by joining the Community Education programs and associated recreation programs
with the parks, recreation and civic programs.
Motion by Czmowski, second by Arndt, to approve renewing agreement between City of Hutchinson
and ISD 423. Motion carried unanimously.
12. APPROVE/DENY FIRST READING OF ORDINANCE NO. 15-0742 — AN ORDINANCE
AMENDING CHAPTER 74 OF THE HUTCHINSON CITY CODE — TRAFFIC SCHEDULES
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this item is a
follow-up from the last Council meeting whereby the Council determined the boundaries of which
bicyclists, rollerbladers and skateboarders would be prohibited from riding.
Motion by Czmowski, second by Lofdahl, to approve first reading of Ordinance No. 15-742.
Motion carried unanimously.
13. APPROVE/DENY FIRST READING OF ORDINANCE NO. 15-0743 — AN ORDINANCE
AMENDING AIRPORT COMMISSION TERMS
Marc Sebora, City Attorney, presented before the Council. Mr. Sebora explained that this item is
also a follow-up from the last Council meeting whereby the Council agreed to reducing Airport
Commissioner terms from five years to three years.
Motion by Christensen, second by Arndt, to approve first reading of Ordinance No. 15-743. Motion
carried unanimously.
14. APPROVE/DENY AUTHORIZING REQUEST FOR PROPOSALS FOR REFUSE HAULING
CONTRACT
Matt Jaunich, City Administrator, presented before the Council. Mr. Jaunich explained that earlier
this year the Council instructed staff to begin the process of putting together a Request for Proposal
on the City's residential refuse and compost collection and hauling contract. The last time the City
.19
CITY COUNCIL MINUTES MAY 26, 2015
sought proposals was in April of 2000. The current contract the City has entered into with Waste
Management expires on October 1, 2015. Mr. Jaunich explained that staff, along with Council
Member Arndt, have been working on putting together a draft RFP for these services. For the most
part, the proposed RFP is modeled after the proposal used by the City in 2000 with some updates to
reflect current needs by the City. Some changes from the one issued in 2000 include the following:
the City will be giving certain considerations to those companies who are willing to provide extra
yard waste to Creekside; the City currently only provides 90 gallon carts for organics/compost and
the new RFP asks for options on multiple -sized carts; the City is providing for the option to change
collection routes based off of the use of route optimization technology; the City has provided criteria
for how the RFP will be evaluated; Alternative Options — the proposed RFP allows for the proposed
Contractor to provide the City with alternatives that the City maybe otherwise would not have
considered.
Motion by Czmowski, second by Forcier, to approve authorizing Request for Proposals for refuse
hauling contract. Motion carried unanimously.
15. APPROVE/DENY SETTING COUNCIL WORKSHOP FOR JULY 14, 2015, AT 4:30 P.M. TO
REVIEW 2014 AUDITED FINANCIAL REPORT
This workshop is to allow for the City's financial auditor to present the City's 2014 audited financial
report.
Motion by Arndt, second by Christensen, to approve setting Council workshop for July 14, 2015, at
4:30 p.m. to review 2014 audited financial report. Motion carried unanimously.
GOVERNANCE
(T e purpose o t is portion of the agenda is to deal with organizational development issues, including policies,
performances, and other matters that manage the logistics of the organization. May include monitoring reports, policy
development and governance process items.)
16. MINUTES FROM COMMITTEES, BOARDS OR COMMISSIONS
(a) City of Hutchinson Financial Report and Investment Report for April 2015
(b) Hutchinson Housing & Redevelopment Authority Board Minutes from April 21, 2015
(c) Snow Removal — Ice Control Report for April 2015
MISCELLANEOUS
17. STAFF UPDATES
Kent Exner — Mr. Exner explained that the 2nd Avenue SE reconstruction proj ect is moving along very
well and is on schedule for the first phase to be completed June 5, 2015. The railroad trestle bridge east
of 5t11 Avenue SE has some issues with disposal of material. Although the City does not own the
bridge, the City will be getting quotes for disposal of materials from work that was done on the bridge.
Mr. Exner applauded the work completed by staff on the solar panel project, specifically John Paulson,
Environmental Specialist, and Marc Sebora, City Attorney. Mr. Exner also noted that the Main Street
overlay project may be scheduled to begin this Fall.
Matt Jaunich — Mr. Jaunich mentioned that a joint meeting with between the EDA Board and City
Council may be scheduled for the end of June.
CITY COUNCIL MINUTES MAY 26, 2015
18. COUNCIL/MAYOR UPDATES
Mary Christensen — Council Member Christensen asked Kent Exner when potholes will be addressed.
Mr. Exner noted that he feels most potholes have been addressed so if there are specific areas that need
to be addressed, residents should call the street or engineering departments. Council Member
Christensen reminded property owners to mow their lawns. Mr. Exner spoke about the weed notice
process used by the City.
John Lofdahl — Council Member Lofdahl noted that Dave Johnston from the Planning Commission will
be resigning due to increased job responsibilities and will need a replacement. Council Member
Lofdahl also commented on the number of homeless people in the City.
ADJOURNMENT
Motion by Arndt, second by Christensen, to adjourn at 6:50 p.m. Motion carried unanimously.
R
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Shared city and rural fire truck HGAC contract purchase option
Department: Fire
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Mike Schumann
Agenda Item Type:
Presenter:
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Honorable Mayor and City Council;
At the 3/24/2015 city council meeting the Hutchinson Fire Department gained your approval to finalize the spec and
prepare to release that spec for an open bid process of a new city/rural fire truck for $579,000.
Since that meeting we have had a new chairperson take over the truck committee, and therefore I allowed him time to
review the spec in finite detail and make any final changes which they have now completed. They have done an
excellent job and the spec is now ready. During this time we researched alternate purchase options and have found a
buying cooperative (HGAC, see attached paperwork) that meets the Minnesota State requirements and allows us to
sign a contract with the manufacturer of our choice while guaranteeing the best possible price. This assures that we
will receive the best product, at the best price, from the best manufacturer.
This HGAC buying cooperative has been used by many Minnesota Fire Departments (note: references on attached
documents) in the last year or two to purchase fire apparatus. The following Hutchinson City Officials have reviewed
this contract and approve of it's use for this purchase; Matt Jaunich, Marc Sebora, Andy Reid and Mike Schumann.
Summary (NO changes from previous proposal):
-Purchase one multi-purpose rescue/pumper that has full firefighting capabilities and full rescue capabilities.
-Sell the current city owned Engine 3, a 1992 "General" Engine with only firefighting capabilities.
-Sell the current shared city/rural Rescue 5, a 2001 "Pierce" heavy rescue with only rescue capabilities.
Thank you for your time and consideration,
Mike Schumann, Chief
Hutchinson Fire Department
BOARD ACTION REQUESTED:
The Hutchinson Fire Department is requesting you to amend your previous approval on 3/24/15 and that you approve
the use of HGAC contract FS12-13, at a price of $578,905.00, for the purchase of a new city/rural fire truck.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 578,905.00
Total City Cost: $ 264,405.00 Funding Source: Capital Projects / Excess LGA
Remaining Cost: $ 314,500.00 Funding Source: Rural townships / Sale of R-5 and E-3
rnsenbauer
Firefighting Terhnulnyy
To: City of Hutchinson
111 Hassan Street SE
Hutchinson, MN 55350
RE: HGAC Contract FS 12-13
Date: 05-19-15
We hereby propose and agree to furnish, after your acceptance of this proposal and the proper execution by the City of
Hutchinson MN, hereinafter called the BUYER and an officer of Rosenbauer Minnesota LLC, Wyoming, MN a division
subsidiary of Rosenbauer America, hereinafter called the COMPANY, the following apparatus and equipment:
Rosenbauer Heavy Duty EXT Pumper Body $352,431.00
Rosenbauer Commander 711 Cab and Chassis $226,474.00
TOTAL ... $578,905.00
Five Hundred Seventy Eight Thousand Nine Hundred Five Dollars and 00/100.
All of which are to be built in accordance with the specifications and drawing attached which are made a part of this
agreement and contract. Total contract price includes required HGAC inter -local agreement fee. No other taxes or fees
apply
"CHASSIS IS TO BE PROGESS PAID FOR IN THE AMOUNT SHOWN ABOVE UPONS ITS
COMPLETION AND ARRIVAL AT THE APPARATUS MANUFACTURERS FACILITY OR
ADDITIONAL INTEREST CHARGES WILL APPLY.
Delivery: The estimated delivery time for the completed apparatus, is to be made 360 calendar days after receipt of and
approval of this contract duly executed, (Chassis must arrive within 180 days or delivery may be delayed) subject to all
causes beyond the Company's control. The quoted delivery time is based upon our receipt of the specified materials
required to produce the apparatus in a timely manner. The Company can not be held responsible for delays due to Acts
of God, Labor Strikes, or Changes in Governmental Regulations that result in delayed delivery to our manufacturing
facilities of these specified materials. This delivery estimate is based on the Company receiving complete and accurate
paperwork from the Buyer and that no major changes take place during pre -construction, mid point inspections or final
inspections. Changes required or requested by the Buyer during the construction process may be cause for an increase in
the number of days required to build said apparatus.
Payment Terms: Final payment for the apparatus shall be made at time of final inspection and pick up / delivery of the
completed vehicle. It is the responsibility of the Buyer to have full payment ready when the apparatus is complete and
ready to pick up. If payment is delayed or delivery is delayed pending payment, a daily finance and storage fee may
apply. Upon pick up of the apparatus by the Buyer, Buyer agrees to provide all liability and physical damage insurance.
It is further agreed that if on delivery and test, any defects should develop, the Company shall be given reasonable time
to correct same.
The amount in this proposal shall remain firm for a period of 30 days from the date of same.
Respectfully submitted, BUYER
BIDDER GENERAL SAFETY FIRE APPARATUS INC. We accept the above Proposal and
enter into contract with signature below.
Dealer Title
Dealership Principal
Title
Date
After company receipt of this document signed by the Buyer, the document will be reviewed and upon
approval, countersigned by the Company putting the document in force.
ROSENBAUER MINNESOTA LLC.
Title
Date
HGACBPE
THE SMART PURCNAS/N SOLUM/ON FOR COOPERATIVE PURCHASING No.:
Permanent Number assigned by H -GAC
THIS INTERLOCAL CONTRACT ("Contract"), made and entered into pursuant to the Texas Interlocal Cooperation Act, Chapter
791, Texas Government Code (the "Act"), by and between the Houston -Galveston Area Council, hereinafter referred to as "H -GAC,"
having its principal place of business at 3555 Timmons Lane, Suite 120, Houston, Texas 77027, and *
, a local government, a state agency, or a non-profit corporation
created and operated to provide one or more governmental functions and services, hereinafter referred to as "End User," having its
principal place of business at *
WITNESSETH
WHEREAS, H -GAC is a regional planning commission and political subdivision of the State of Texas operating under Chapter 391,
Texas Local Government Code; and
WHEREAS, pursuant to the Act, H -GAC is authorized to contract with eligible entities to perform governmental functions and
services, including the purchase of goods and services; and
WHEREAS, in reliance on such authority, H -GAC has instituted a cooperative purchasing program under which it contracts with
eligible entities under the Act; and
WHEREAS, End User has represented that it is an eligible entity under the Act, that its governing body has authorized this Contract on
* (Date), and that it desires to contract with H -GAC on the terms set forth below;
NOW, THEREFORE, H -GAC and the End User do hereby agree as follows:
ARTICLE 1: LEGAL AUTHORITY
The End User represents and warrants to H -GAC that (1) it is eligible to contract with H -GAC under the Act because it is one of the
following: a local government, as defined in the Act (a county, a municipality, a special district, or other political subdivision of the
State of Texas or any other state), or a combination of two or more of those entities, a state agency (an agency of the State of Texas as
defined in Section 771.002 of the Texas Government Code, or a similar agency of another state), or a non-profit corporation created
and operated to provide one or more governmental functions and services, and (2) it possesses adequate legal authority to enter into this
Contract.
ARTICLE 2: APPLICABLE LAWS
H -GAC and the End User agree to conduct all activities under this Contract in accordance with all applicable rules, regulations, and
ordinances and laws in effect or promulgated during the term of this Contract.
ARTICLE 3: WHOLE AGREEMENT
This Contract and any attachments, as provided herein, constitute the complete contract between the parties hereto, and supersede any
and all oral and written agreements between the parties relating to matters herein.
ARTICLE 4: PERFORMANCE PERIOD
The period of this Contract shall be for the balance of the fiscal year of the End User, which began * and
ends * . This Contract shall thereafter automatically be renewed annually for each succeeding fiscal year,
provided that such renewal shall not have the effect of extending the period in which the End User may make any payment due an H -
GAC contractor beyond the fiscal year in which such obligation was incurred under this Contract.
ARTICLE 5: SCOPE OF SERVICES
The End User appoints H -GAC its true and lawful purchasing agent for the purchase of certain products and services through the H -
GAC Cooperative Purchasing Program. End User will access the Program through HGACBuv.com and by submission of any duly
executed purchase order, in the form prescribed by H -GAC to a contractor having a valid contract with H -GAC. All purchases
hereunder shall be in accordance with specifications and contract terms and pricing established by H -GAC. Ownership (title) to
products purchased through H -GAC shall transfer directly from the contractor to the End User.
(over)
ARTICLE 6: PAYMENTS
H -GAC will confirm each order and issue notice to contractor to proceed. Upon delivery of goods or services purchased, and
presentation of a properly documented invoice, the End User shall promptly, and in any case within thirty (30) days, pay H-GAC's
contractor the full amount of the invoice. All payments for goods or services will be made from current revenues available to the paying
party. In no event shall H -GAC have any financial liability to the End User for any goods or services End User procures from an H -
GAC contractor.
ARTICLE 7: CHANGES AND AMENDMENTS
This Contract may be amended only by a written amendment executed by both parties, except that any alternations, additions, or
deletions to the terms of this Contract which are required by changes in Federal and State law or regulations are automatically
incorporated into this Contract without written amendment hereto and shall become effective on the date designated by such law or
regulation.
H -GAC reserves the right to make changes in the scope of products and services offered through the H -GAC Cooperative Purchasing
Program to be performed hereunder.
ARTICLE 8: TERMINATION PROCEDURES
H -GAC or the End User may cancel this Contract at any time upon thirty (30) days written notice by certified mail to the other party to
this Contract. The obligations of the End User, including its obligation to pay H-GAC's contractor for all costs incurred under this
Contract prior to such notice shall survive such cancellation, as well as any other obligation incurred under this Contract, until
performed or discharged by the End User.
ARTICLE 9: SEVERABILITY
All parties agree that should any provision of this Contract be determined to be invalid or unenforceable, such determination shall not
affect any other term of this Contract, which shall continue in full force and effect.
ARTICLE 10: FORCE MAJEURE
To the extent that either party to this Contract shall be wholly or partially prevented from the performance within the term specified of
any obligation or duty placed on such party by reason of or through strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection,
accident, order of any court, act of God, or specific cause reasonably beyond the party's control and not attributable to its neglect or
nonfeasance, in such event, the time for the performance of such obligation or duty shall be suspended until such disability to perform
is removed; provided, however, force majeure shall not excuse an obligation solely to pay funds. Determination of force majeure shall
rest solely with H -GAC.
ARTICLE 11: VENUE
Disputes between procuring party and Vendor are to be resolved in accord with the law and venue rules of the State of purchase.
THIS INSTRUMENT HAS BEEN EXECUTED IN TWO ORIGINALS BY THE PARTIES HERETO AS FOLLOWS:
Name of End User (local government, agency, or non-profit corporation)
Mailing Address
City State
Signature of chief elected or appointed official
Typed Name & Title of Signatory
ZIP Code
Date
Houston -Galveston Area Council
3555 Timmons Lane, Suite 120, Houston, TX 77027
By:_
Attest:
Date:
*Denotes required fields
Executive Director
Manager
rev. 6/2010
*Request for Information
To expedite service, please complete the following blanks relevant to your agency's administrative/elective
personnel and return the completed form to H -GAC, Cooperative Purchasing Program, P.O. Box 22777,
Houston, TX 77227-2777.
Name of End User Agency: County Name:
(Municipality / County /District / etc.)
Mailing Address:
(Street Address/P.O. Box) (City) (State) (ZIP Code)
Main Telephone Number: (_) - FAX Number: (_)
Physical Address:
(Street Address, if different from mailing address)
Web Site Address:
(City) (State) (ZIP Code)
Authorized Official: Title:
(City manager /Executive Director / etc.) Ph No.: ( )
Mailing Address: Fx No.: ( )
(StreetAddressIP.O. Box) E -Mail Address:
(City)
Official Contact:
(State)
(Purchasing Agent/Auditor etc.)
Mailing Address:
(City)
(Street Address/P.O. Box)
(State)
(ZIP Code)
(ZIP Code)
Official Contact:
(Public Works Director/Police Chief etc)
Mailing Address:
(City)
(StreetAddressIP.O. Box)
(State)
Official Contact:
(EMS Director/Fire Chief etc.)
Mailing Address:
(StreetAddressIP.O. Box)
(ZIP Code)
(City) (State) (ZIP Code)
Title:
Ph No.: O
Fx No.. O
Email Address:
Title:
Ph No.: O
Fx No.. O
Email Address:
Title:
Ph No.: O
Fx No.. O
Email Address:
471.345, 2012 Minnesota Statutes Page 1 of 4
2012 Minnesota Statutes
471.345 UNIFORM MUNICIPAL CONTRACTING LAW.
Subdivision 1. Municipality defined. For purposes of this section, "municipality" means a county, town, city,
school district or other municipal corporation or political subdivision of the state authorized by law to enter into
contracts.
Subd. 2. Contract defined. A 'contract" means an agreement entered into by a municipality for the sale or
purchase of supplies, materials, equipment or the rental thereof, or the construction, alteration, repair or maintenance
of real or personal property.
Subd. 3. Contracts over $100,000. If the amount of the contract is estimated to exceed $100,000, sealed bids
shall be solicited by public notice in the manner and subject to the requirements of the law governing contracts by the
particular municipality or class thereof. With regard to repairs and maintenance of ditches, the provisions of section
103E.705, subdivisions 5. 6, and 7, apply.
Subd. 3a. Contracts over $100,000; best value alternative. As an alternative to the procurement method
described in subdivision 3, municipalities may award a contract for construction, alteration, repair, or maintenance
work to the vendor or contractor offering the hest value under a request for proposals as described in section 16C.28.
subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 4. Contracts exceeding $25,000 but not $100,000. If the amount of the contract is estimated to exceed
$25,000 but not to exceed $100,000, the contract may be made either upon sealed bids or by direct negotiation, by
obtaining two or more quotations for the purchase or sale when possible, and without advertising for bids or
otherwise complying with the requirements of competitive bidding. All quotations obtained shall be kept on file for a
period of at least one year after receipt thereof.
Subd. 4a. Contracts exceeding $25,000 but not $100,000; best value alternative. As an alternative to the
procurement method described in subdivision 4, municipalities may award a contract for construction, alteration,
repair, or maintenance work to the vendor or contractor offering the best value under a request for proposals as
described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 5. Contracts $25,000 or less. If the amount of the contract is estimated to be $25,000 or less, the
contract may be made either upon quotation or in the open market, in the discretion of the governing body. If the
contract is made upon quotation it shall be based, so far as practicable, on at least two quotations which shall be kept
on file for a period of at least one year after their receipt. Alternatively, municipalities may award a contract for
construction, alteration, repair, or maintenance work to the vendor or contractor offering the best value under a
request for proposals as described in section 16C.28, subdivision 1, paragraph (a), clause (2), and paragraph (c).
Subd. 5a. County or town rental contracts. If the amount of a county or town contract for the rental of
equipment is estimated to be $60,000 or less, the contract may, in the discretion of the county or town board, be
made by direct negotiation by obtaining two or more quotations for the rental when possible and without advertising
for bids or otherwise complying with the requirements of competitive bidding, All quotations shall be kept on file for
a period of at least one year after their receipt.
Subd. 5b. Water tank service contracts. A municipality may, by direct negotiation or through the solicitation
of requests for proposals, enter into a multiyear professional service contract for the engineering, repair, and
maintenance of a water storage tank and appurtenant facilities owned, controlled, or operated by the municipality, if
the contract contains:
(1) a provision that the municipality is not required to make total payments in a single year that exceed the water
utility charges received by the municipality for that year;
(2) a provision requiring that the work performed be done under the review of a professional engineer licensed
in the state of Minnesota attesting that the work will be performed in compliance with all applicable codes and
engineering standards; and
(3) a provision that if, at the commencement of the contract, the water tank or appurtenant facilities require
engineering, repair, or service in order to bring the water tank or facilities into compliance with federal, state, or local
requirements, the party contracting with the municipality is responsible for providing the engineering, repair, or
https:llwww.revisor.mn.gov/statutes/?id=471.345 7/9/2013
471.345, 2012 Minnesota Statutes
Page 2 of 4
service. The costs to bring the water tank or facilities into compliance must be itemized separately and charged to the
municipality in payments spread over a period of not less than three years from the commencement of the contract.
Subd. 6. Applicability of other laws. The purpose of this section is to establish for all municipalities, uniform
dollar limitations upon contracts which shall or may be entered into on the basis of competitive bids, quotations or
purchase or sale in the open market. To the extent inconsistent with this purpose, all laws governing contracts by a
particular municipality or class thereof are superseded. In all other respects such laws shall continue applicable.
Subd. 7. Minimum labor standards. Nothing in this section shall be construed to prohibit any municipality
from adopting rules, regulations, or ordinances which establish the prevailing wage rate as defined in section 177.42,
as a mmimurn standard for wages and which establish the hours and working conditions prevailing for the largest
number of workers engaged in the same class of labor within the area as a minimum standard for a contractor's
employees which must be agreed to by any contractor before the contractor may be awarded any contract for the
furnishing of any labor, material, supplies, or service.
Subd. 8. Procurement from economically disadvantaged persons. For purposes of this subdivision, the
following terms shall have the meanings herein ascribed to them:
(a) "Small targeted group business" means businesses designated under section 16C.16.
(b) "Business entity" means an entity organized for profit, including an individual, partnership, corporation,
joint venture, association, or cooperative.
Nothing in this section shall be construed to prohibit any municipality from adopting a resolution, rule,
regulation, or ordinance which on an annual basis designates and sets aside for awarding to small targeted group
businesses a percentage of the value of its anticipated total procurement of goods and services, including
construction, and which uses either a negotiated price or bid contract procedure in the awarding of a procurement
contract under a set-aside program as allowed in this subdivision, provided that any award based on a negotiated
price shall not exceed by more than five percent the municipality's estimated price for the goods and services if they
were purchased on the open market and not under the set-aside program.
Subd. 9. IRepealed, 1990 c 549 s 31
Subd. 10. Shared hospital or ambulance service purchasing. Supplies, materials, or equipment to be used in
the operation of a hospital licensed under sections 144.50 to 144.56 or an ambulance service licensed under chapter
144E that are purchased or leased under a shared service purchasing arrangement whereby more than one hospital or
ambulance service purchases supplies, materials, or equipment with one or more other hospitals or ambulance
services either through one of the hospitals or ambulance services or through another entity, may be purchased
without regard to the competitive bidding requirements of this section, if the following conditions are met:
(1) the hospital's or ambulance service's governing authority authorizes the arrangement;
(2) the shared services purchasing program purchases items available from more than one source on the basis of
competitive bids or competitive quotations of prices; and
(3) the arrangement authorizes the hospital's or ambulance service's governing authority or its representatives to
review the purchasing procedures to determine compliance with these requirements.
The shared services purchasing program may award contracts to more than one bidder if doing so does not
decrease the service level or diminish the effects of competition.
Subd. 11. Fuel contracts for generation of municipal power. Notwithstanding the amount of the contract,
any contract entered into by a municipality for the purchase of fuel required for the generation of power from
municipal power plants shall be governed by subdivision 4.
Subd. 12. Procurement from rehabilitation facilities. Nothing in this section prohibits a municipality from
adopting a resolution, rule, regulation, or ordinance that on an annual basis designates and sets aside for awarding to
rehabilitation facilities as described in section 268A.06 a percentage of the value of its anticipated total procurement
of goods and services, including construction, and which uses either a negotiated price or bid contract procedure in
the awarding of a procurement contract under a set-aside program as allowed in this subdivision, provided that any
award based on a negotiated price shall not exceed by more than five percent the municipality's estimated price for
the goods and services if they were purchased on the open market and not under the set-aside program.
Subd. 13. Energy efficiency projects. The following definitions apply to this subdivision.
https://www.revisor.mn.gov/statutes/?id�471.345 7/9/2013
471.345, 2012 Minnesota Statutes
Page 3 of 4
(a) "Energy conservation measure" means a training program or facility alteration designed to reduce energy
consumption or operating costs and includes:
(1) insulation of the building structure and systems within the building;
(2) storm windows and doors, caulking or weatherstripping, multiglazed windows and doors, heat absorbing or
heat reflective glazed and coated window and door systems, additional glazing, reductions in glass area, and other
window and door system modifications that reduce energy consumption;
(3) automatic energy control systems;
(4) heating, ventilating, or air conditioning system modifications or replacements;
(5) replacement or modifications of lighting fixtures to increase the energy efficiency of the lighting system
without increasing the overall illumination of a facility, unless an increase in illumination is necessary to conform to
the applicable state or local building code for the lighting system after the proposed modifications are made;
(6) energy recovery systems;
(7) cogeneration systems that produce steam or forms of energy such as heat, as well as electricity, for use
primarily within a building or complex of buildings;
(8) energy conservation measures that provide long-term operating cost reductions.
(b) "Guaranteed energy -savings contract" means a contract for the evaluation and recommendations of energy
conservation measures, and for one or more energy conservation measures. The contract must provide that all
payments, except obligations on termination of the contract before its expiration, are to be made over time, but not to
exceed 20 years from the date of final installation, and the savings are guaranteed to the extent necessary to make
payments for the systems.
(c) "Qualified provider" means a pet -son or business experienced in the design, implementation, and installation
of energy conservation measures. A qualified provider to whom the contract is awarded shall give a sufficient bond
to the municipality for its faithful performance.
Notwithstanding any Iaw to the contrary, a municipality may enter into a guaranteed energy -savings contract
with a qualified provider to significantly reduce energy or operating costs.
Before entering into a contract under this subdivision, the municipality shall provide published notice of the
meeting in which it proposes to award the contract, the names of the parties to the proposed contract, and the
contract's purpose.
Before installation of equipment, modification, or remodeling, the qualified provider shall first issue a report,
summarizing estimates of all costs of installations, modifications, or remodeling, including costs of design,
engineering, installation, maintenance, repairs, or debt service, and estimates of the amounts by which energy or
operating costs will be reduced.
A guaranteed energy -savings contract that includes a written guarantee that savings will meet or exceed the cost
of energy conservation measures is not subject to competitive bidding requirements of section 471.345 or other law
or city charter. The contract is not subject to section 123B.52.
A municipality may enter into a guaranteed energy -savings contract with a qualified provider if, after review of
the report, it finds that the amount it would spend on the energy conservation measures recommended in the report is
not likely to exceed the amount to be saved in energy and operation costs over 20 years from the date of final
installation if the recommendations in the report were followed, and the qualified provider provides a written
guarantee that the energy or operating cost savings will meet or exceed the costs of the system. The guaranteed
energy -savings contract may provide for payments over a period of time, not to exceed 20 years.
A municipality may enter into an installment payment contract for the purchase and installation of energy
conservation measures. The contract must provide for payments of not less than 1120 of the price to be paid within
two years from the date of the first operation, and the remaining costs to be paid monthly, not to exceed a 20 -year
term from the date of final acceptance.
https://www.revisor.mn.gov/statutes/?id=471.345 7/9/2013
471.345, 2012 Minnesota Statutes Page 4 of 4
A municipality entering into a guaranteed energy -savings contract shall provide a copy of the contract and the
report from the qualified provider to the commissioner of commerce within 30 days of the effective date of the
contract.
Guaranteed energy -savings contracts may extend beyond the fiscal year in which they become effective. The
municipality shall include in its annual appropriations measure for each later fiscal year any amounts payable under
guaranteed energy -savings contracts during the year. Failure of a municipality to make such an appropriation does
not affect the validity of the guaranteed energy -savings contract or the municipality's obligations under the contracts.
Subd. 14. Damage awards. In any action brought challenging the validity of a municipal contract under this
section, the court shall not award, as any part of its judgment, damages, or attorney's fees, but may award an
unsuccessful bidder the costs of preparing an unsuccessful bid.
Subd. 15. Cooperative purchasing. (a) Municipalities may contract for the purchase of supplies, materials, or
equipment by utilizing contracts that are available through the state's cooperative purchasing venture authorized by
section 16C.11. For a contract estimated to exceed $25,000, a municipality must consider the availability, price and
quality of supplies, materials, or equipment available through the state's cooperative purchasing venture before
purchasing through another source.
(b) If a municipality does not utilize the state's cooperative purchasing venture, a municipality may contract for
the purchase of supplies, materials, or equipment without regard to the competitive bidding requirements of this
section if the put -chase is through a national municipal association's purchasing alliance or cooperative created by a
joint powers agreement that purchases items from more than one source on the basis of competitive bids or
competitive quotations.
Subd. 16. Reverse auction. Notwithstanding any other procedural requirements of this section, a municipality
may contract to purchase supplies, materials, and equipment using an electronic purchasing process in which vendors
compete to provide the supplies, materials, or equipment at the lowest selling price in an open and interactive
environment. A municipality may not use this process to contract for services, as defined by section 16C.02,
Subdivision 17, or a service contract, as defined by section 16C.02, subdivision 16. Nothing in this subdivision must
be construed to prohibit a municipality from adopting a resolution, rule, regulation, or ordinance relating to minimum
labor standards under subdivision 7, or procurement from economically disadvantaged persons under subdivision 8.
Subd. 17. Electronic sale of surplus supplies, materials, and equipment. Notwithstanding any other
procedural requirements of this section, a municipality may contract to sell supplies, materials, and equipment which
is surplus, obsolete, or unused using an electronic selling process in which purchasers compete to purchase the
surplus supplies, materials, or equipment at the highest purchase price in an open and interactive environment.
Subd. 18. Electronic bidding. Notwithstanding any other procedural requirements of this section, vendors
may submit bids, quotations, and proposals electronically in a form and manner required by the municipality. A
municipality may allow bid, performance, or payment bonds, or other security, to be furnished electronically.
Subd. 19. Town road construction and maintenance. Notwithstanding any other procedural requirements of
this section, a town may contract for the construction or maintenance of a town road by agreeing to the terms of an
existing contract between a vendor and a county for road construction or maintenance on an adjoining road if the
existing county contract was made in conformance with all applicable procedural requirements.
History: 1969 c 934 s 1; 1973 c 123 ar1 5 s 7; 1973 c 226 s 12; 1974 c 5.10 s 1; 1977 c 182 s 1-3; 1980 c 462 s
4. 1983 c 42 s 1-3; 1983 c 301 s 211,- 1984 c 413 s 1; 1985 c 172 s 129; 1SD1985 c 13 s 347; 1986 c 350 s 1,2; 1986
c 444; 1988 c 409 s 1 1988 c 689 ar12 s 268; 1989 c 9 s 3 1989 c 352 s 19,25; 1990 c 391 art 8 s 51; 1990 c 541 s
25 29; 1990 c 549 s 1,- 1992 c 380 s 4-6; 1998 c 386 ar12 s 93; 1998 c 397 al -111 s 3: 1999 c 13 s 1; 2000 c 328 s
2-4; 2002 c 358 s 1. 1&2003 c 10 s 1; 2004 c 278 s 10-14; 2005 c 63 s 1; 2006 c 274 s 2.2007 c 136 art 3 s 4; 2007
c 148 arl 3 s 31-33; 2008 c 207 s 4-8; 2008 c 356 s 11; 2009 c 101 art 2 s 92
https://www.revisor.mn.gov/statutes/?id�471.345 71912013
Melissa Starke
From: Steve Harris <sharris@rosenbaueramerica.com>
Sent: Thursday, April 02, 2015 10:50 AM
To: m_sturgesl5@yahoo.com; Mike Schumann
Subject: HGAC Purchase Info
Attachments: MN STATE STATUTE BIDDING EXEMPTIONS.PDF; HGAC ILC Form Single Rev 6 16
010.pdf
Hi Matt, as I was telling you this morning, I think about 95 percent of the trucks being sold in
Minnesota over the last year or two are being bought using this nationally recognized purchasing Co -
Op. Below is a list of a few of the local Minnesota departments I have sold to recently that have
bought through the HGAC buy process. I have also attached the state statute (page 4) that explains
how this nationally recognized purchasing co-op meets the statute for exemption to the bidding
process along with the simple agreement form you need to fill out if you are going to buy off of it. This
does not need to be turned in until an actual purchase contract is signed and certainly does not
obligate you to purchase off the HGAC contract. There is what is called an "Interlocal Agreement
Fee" of $2,000 that is already included in any formal prices I quote for new fire trucks if bought
through the Co -Op, but as I said the fee is only applicable if you buy using HGAC and it is already
included in the price of the truck(s) that I quote so there are no other taxes or fees from what the
quoted price of the truck is.
We are bound by the rules of being listed on HGAC similar to that of Minnesota State contracts such
as radios, chassis and SCBA that we cannot quote prices or sell apparatus cheaper to entities than
what we have listed published with HGAC. The prices of apparatus priced through HGAC buy are
always equal to or less (typically 3% to 5%) than what we would quote through a standard bid
process or other any other form of negotiated sale.
For the department it assures pre-set competitive pricing, cut downs the time of having to go through
the formal bid process and also the finger pointing and bull crap that can go along with the bid
process and having to be forced into buying a product you may not want.
Once an apparatus is purchased through the HGACbuy process, the customer receives a formal
HGAC Co -Op purchase order acknowledgment that itemizes the base model price, in addition to the
published and unpublished option pricing content for the purchasing entity to have on file for any
future audit records.
Almost every truck we are selling in Minnesota is using this means of apparatus purchasing versus
the formal bid process over the last couple of years. Additional info on HGAC can be found at
www.hgacbuy.org and I am also happy to answer any other questions you may have at all.
The prices I have been using and giving you so far have all been based priced through the HGAC
Buy program so they are accurate HGAC numbers.
Rosemount FD Jim Voelker 612.414.0721
Roseville FD Tim O Neil 651.792. 7305
Minneapolis FD Al Thunberg 612.360.8653
Stillwater FD Stuart Glaser 651.351.4951
AffAi•Ti5iODINI- FTil=pr4'i,T1.51iT4X-qiN
St Louis Park FD Dennis Millerbernd 952.924.2561
Maple Grove FD Scott Anderson 612.868.9210
Eagles Nest FD (Ely MN) Jim Sutherland 218.365.4573
Pelican Rapids FD Treaver Steeves 888.450.4168
Edina FD Marty Scheerer 952.292.6555
Winona FD Curt Bittle 507.457.8266
Savage FD Joel McColl 952.292.3130
Fairmont FD Bob Atzenhoefer 507.238.4461
Hibbing FD Andy Anderson 218.208.7136
East Bethel FD Mark DuCharme 612.328.6833
Hoyt Lakes FD Pete Wolner 218.780.5722
Oak Grove FD Curt Hallerman 763.528.0733
Willmar FD Rick Johnson 320.235.1354
Ramsey, MN Dean Kapler 763.286.0278
Hastings FD Mike Schutt 651.775.5547
Fridley, FD John Berg 763.238.8086
Bayport, MN Allen Eisinger 651.260.6936
Plymouth FD Tom Evenson 612.290.6373
Coon Rapids, MN Bret Gageby 763.350.1318
Lake Johanna Fire Tim Boehlke 651.481.7024
Shakopee FD Rick Coleman 612.490.9501
Bloomington MN Mike Ryan 952.693.5646
Moorhead MN FD Greg Doeden 218.790.3796
Lindstrom MN FD Scott Sellman 651.248.7421
Columbia Heights MN FD Gary Gorman 763.706.3650
Ham Lake MN FD Don Krueger 612.751.6101
Foley MN FD Mark Pappenfuus 320.250.6415
Richfield MN FD Mike Dobesh 612. 243.4502
Lake Elmo FD Greg Malmquist 651.775.1137
Woodbury MN FD Tim Rossebo 651.303.8346
Hope this helps and by all means let me know if you have any questions at all.
Steven A. Harris
GENERAL SAFETY FIRE APPARATUS
"HELPING YOU SERVE YOUR COMMUNITY"
Office - 651.462.1000
Cell - 612.703.6019
Fax - 651.462.1700
E -Mail - sharris(a)-rosenbaueramerica.com
www. rosen baueram erica. com
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Consideration for Approval of Surplus Property Resolution #14433
Department: Refuse
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Andy Kosek
Agenda Item Type:
Presenter: Andy Kosek
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 1
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Creekside's Refuse department recently acquired a new 1/2 ton 4x4 pickup. The 4x4 unit was purchased to replace a
1999 1/2 ton 4x2 unit that belongs to the Refuse fund.
The unit to be sold was offered to other departments for further use, no department expressed an interest in this
vehicle. It is staffs recommendation to sell the 1999 4x2 unit at auction, and the proceeds from the sale be credited to
the Refuse fund. Upon approval, staff will be working with Fahey Sales to sell the vehicle at auction.
BOARD ACTION REQUESTED:
Approval of Resolution
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
RESOLUTION NO. 14433
RESOLUTION TO SELL AT AUCTION
SURPLUS PROPERTY
WHEREAS, the Hutchinson Refuse Department has accumulated surplus property; and
WHEREAS, the Hutchinson City Code provides, pursuant to Section 91, for the sale at auction
of surplus City property; and
WHEREAS, the Refuse Department has determined that it is in possession of surplus property
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
HUTCHINSON, MINNESOTA:
That the following surplus City property be sold at auction and proceeds from the sale be
credited to the appropriate account:
1999 Chevrolet CK1500 4X2 pickup, VIN# 1GCEC14V8XE109165, Unit# 165
Adopted by the City Council this 9t" day of June, 2015.
Gary Forcier, Mayor
ATTEST:
Matt Jaunich, City Administrator
HUTCHINSON CITY COUNCIL ci vof 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Food Vendor License Renewal - HDA & Rafael Jimenez
Department: Administration
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete Yes
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff 0
Consent Agenda
Time Requested (Minutes):
License Contingency No
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Both the Hutchinson Downtown Association and Rafael Jimenez have submitted food vendor renewal applications.
The Hutchinson Downtown Association operates the popcorn wagon in Library Square and Mr. Jimenez operates an
ice cream truck throughout the community with the business name of Chitos. Both the Hutchinson Downtown
Association and Mr. Jimenez have submitted the appropriate documentation and license renewal fees.
BOARD ACTION REQUESTED:
Approve issuing a 2015 food vendor license to Hutchinson Downtown Association and Rafael Jimenez to operate a
food cart and a food truck.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
APPLICATION FOR LICENSE RENEWAL
for Food Vendor
City of Hutchinson
111 Hassan St 5E
Hutchinson, MN 55350
(320) 234-4216
Ile
Hutchinson Downtown Association
111 Hassan St SE
Hutchinson MN 55350
LICENSE
Issued To:
Hutchinson Dowrtown Asso6at6cn
DBA:
Popcorn Wagon
Address:
Hwy 15 & 1st Ave SE
Hutchinson MN 55350
Name: Hutchinson Downtown Association
Address: 111 Hassan St SE
Hutchinson MN 55350
ContacVAttn
Telephone: 320-234-5652
Fax: 320.234.A240
Federal Tax ID: 41-1411249
State Tax ID:
SSN:
Exempt.
INSURANCE
Description
Food Vendor
License Nbr: 00004333
Applicant: 726
INSTRUCTIONS:
Make any corrections, sign and return
boom
this application along with the license
fee to the City of Hutchinson by
1210112014. Make check payable to:
City of Hutchinson
License Expires. 12/31/2014
Arn2U0
$125.00
Pursuant to Minnesota Statute, Section 176.182 proof of Workers' Compensation Liability is required.
Please include a Certificate of Insurance naming the City of Hutchinson as additional insured with the following information: Insurance Company
Name (NOT the insurance agent), Policy Number, Dates of Coverage (Must be exact Tenn of License).
am not required to have workers' compensation liability coverage because:
XI have no employees
[) I am self-insured (include permit to self -insure)
{) I have no employees who are covered by the workers' compensation law (these include: Spouse, Parents, Children, and certain farm
employees)
I certify that the information provided is accurate and complete to the best of my knowledge and that a valid workers' compensation
policy will be kept in effect at all times as required by law.
CITUSE /
Date / S
Date Recd 0/1D'
Check# fjOP`]
*ap lic nt Date Amount V2 {Tp
City of Hutchinson
111 Hassan St SE
Hutchinson, MN 55350
(320)234-4216
Rafael Jimenez
Rafael Jimenez
306 S. Donnelly
Litchfield MN 55355
LICENSE
Issued To:
DBA:
Address:
APPLICANT
Rafael Jimenez
306 S. Donnelly
Litchfield MN 55355
Name: Rafael Jimenez
Address: 306 S. Donnelly
Litchfield MN 55355
Contact/Attn: Rafael Jimenez
Telephone: 320-593-1125
Fax:
Federal Tax ID
State Tax ID:
SSN:
Exempt:
INSURANCE
APPLICATION FOR LICENSE RENEWAL
for Food Vendor
Description
Food Vendor
License Nbr: 00404283
Applicant: 336
INSTRUCTIONS:
Make any corrections, sign and return
this application along with the license
fee to the City of Hutchinson by
1214112014. Make check payable to,
City of Hutchinson
License Expires: 1121311/20114
Amount
$125.00
Pursuant to Minnesota Statute, Section 176.182 proof of Workers' Compensation Liability is required.
Please include a Certificate of Insurance naming the City of Hutchinson as additional insured Ivith the following information: Insurance Company
Name {NOT the insurance agent}, Policy Number, Dates of Coverage (Must be exact Term of License).
I am not required to have workers' compensation liability coverage because:
¢� I have no employees
{ } I am self-insured (include permit to self -insure)
{ } I have no employees who are covered by the workers' compensation law (these include: Spouse. Parents, Children, and certain farm
employees)
I certify that the information provided is accurate and complete to the best of my knowledge and that a valid workers' compensation
policy will be kept in effect at all times as required by law.
CITY USE ONLY.•
Date Recd
Check
Signature of Applicant Date /
Amount
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Temporary Liquor License - Hutchinson Center for the Arts - RiverSong
Department: Administration
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete Yes
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ✓❑
Consent Agenda
Time Requested (Minutes):
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
The Hutchinson Center for the Arts has submitted a temporary liquor license application to dispense liquor at the
RiverSong Music Festival being held July 17 and 18, 2015. The Hutchinson Center for the Arts is a non-profit
organization that has been in existence for at least three years and meets the requirements for a temporary liquor
license.
BOARD ACTION REQUESTED:
Approve issuing temporary liquor license to Hutchinson Center for the Arts on July 17 and 18, 2015.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
FAMA
MINNESOTA DEPAATMENT OF PUBLIC SAFELY
I I 1
Name of organization
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
445 Minnesota Street, Suite 222, St. Paul, MN 55101
651-201-7500 Fax 651-297-5259 TTY 651-282-6555
APPLICATION AND PERMIT FOR A 1 DAY
TO 4 DAY TEMPORARY ON -SALE LIQUOR LICENSE
Hutchinson Center for the arts DBA RiverSong Music Festival
Address
15 Franklin Street SW
Name of person making application
Lenny Rutledge
Date(s) of event
July 17 and 18 2015
Organization officer's name
Date organized Tax exempt number
December 3, 2007 1 MN01 16565126-2263988
City State Zip Code
Hutchinson Minnesota I55350
Business phone Home phone
320-234-4210 320-587-2423
Type of organization
[] Club ® Charitable ❑ Religious ❑ Other non-profit
City
X
Lenny Rutledge - Steering Committee
Hutchinson
X
Karen Grasman -Chair Steering Committee
Hutchinson
Add New Officer
State Zip
Minnesota 55350
Minnesota 55350
Location where permit will be used. If an outdoor area, describe.
Outdoors in Masonic West River Park, same as last 6 years. entire site will be fenced in. Hutchinson Police Services will be engaged
along with security volunteers at all times liquor is being served. Trained and certified staff are running beer and wine area.
If the applicant will contract for intoxicating liquor service give the name and address of the liquor license providing the service.
Only intoxicating beer/malt beverages and wine will be served. Trained personal will be provided on all shifts, staffed by volunteers.
If the applicant will carry liquor liability insurance please provide the carrier's name and amount of coverage.
APPROVAL
APPLICATION MUST BE APPROVED BY C€TY OR COUNTY BEFORE SUBMITTING TO ALCOHOL AND GAMBLING ENFORCEMENT
CitylCoun#y Date Approved
City Fee Amount Permit Date
Date Fee Paid City/County E-mail Address
Signature City Clerk or County Official Approved Director Alcohol and Gambling Enforcement
CLERKS NOTICE: Submit this form to Alcohol and Gambling Enforcement Division 30 days prior to event.
PLEASE PROVIDE A VALID E-MAIL ADDRESS FOR THE CITY/COUNTY AS ALL TEMPORARY PERMIT APPROVALS WILL BE SENT
BACK VIA EMAIL. E-MAIL THE APPLICATION SIGNED BY CITYICOUNTY TOAGE.TEMPO€tARYAPPLICATIONPSTATE.MN.US
Page 1 of 1
MAY 18 2015
LIQUOR LIABILITY MINNESOTA JOINT UNDERWRITING ASSOCIATIGN
POLICY DECLARATIONS 12400 PORTLAND AVE S, S.T'E 190 Page 1
BURNSVILLE, MAI 55337
Location: 1 Building: 1
Policy Number: L150191 Policy Period: FROM 7/17/2015 TO 7/19/2015
12:01. AM Standard Time
INSURED:
HUTCHINSON CENTER FOR THE ARTS
RIVERSONG MUSIC FESTIVAL
15 FRANKLIN STREET SW
HUTCHINSON MN 55350
AGENT: 171
CITIZENS INS AGCY OF HUTCHINSON LLC
102 MAIN ST S PO BOX 339
HUTCHINSON MAI 55350
I
THE XJUA IS PROHIBITED i:Y STATUTE rROM pROVIDING PRODUCTS AND COMP=XTED OPERATIONS COVERAGE
NEW POLICY
LIQUOR LIABILITY
s is ar. anditzd no' icy and premium adjustments are made at the erd of the policy pe_icd.
--h-'s replaces all previously issued poLcy Declarations, i any. This policy applies only tc accidents, occurrences az losses
,Ntich happen duzinq the policy period shown abo e. This po141Cy applies anIV to those ccrerages below for which a li:uit of
Inskrdn a androt & limit cf lzaaili�y oz premium charge is shorn. ^ur limit for each coverage shall :tot be more than tFie amount
stated for sl r cpverage, subiact tc all the teras of this acid•.
The Desczib�ad Locatian[s? c3;ered bw� this poiicp are as follows:
OUTDOORS IN MASONIC WEST RIVER PARR, HUTCH11iSDN, MN, 55350, MCLEOD
Total Policy Premium
COVERAGE
Deductible Amount: NOME
L. Bodily Injury
Property Damage
Loss of Means of Support
Pecuniary Loss
Annual. Aggregate
Per Claimant
(Each Person)
(Each Occurrence)
( Each Occurrence)
(Each Person)
(Each occurrence)
(Each Person)
(Each Occurrence)
Sub ect to the Fol'o`iag FCL:ns a_d ERdorsements Ka datcry For:as
Business Description: SPECIAL EVENT — SHORT TERM, LIQUOR
5/14/15
COUNTERSIGNATURE TATE
Premium
$449
LIMIT PREMIUM
$50,000
$.1.00, 000
$10,000
$50,000
$100,000
$50,000
$100,000
$300,000
NONE
C ^ -
* AGMXT ** OUR AUTHORIZED REPRESZNTATIVE
7/17/15
CP -DEC (3/93) 7117115
Continued On Page 2 For Location 1 Building 1 (See Reverse
$449
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 5/27/2015 - 6/9/2015
6/3/2015
Check Number Check Date
Amount
Vendor
Account Description
186067 6/9/2015
3,591.57
2286066 ONTARIO INC O/A REXER
Equipment Parts
186068 6/9/2015
742.18
3D SPECIALTIES
Sign Repair Materials
186069 6/9/2015
1,500.00
ABSOLUTE LOGISTICS LLC
Freight - Bagged
186070 6/9/2015
549.28
ACE HARDWARE
Operating Supplies
186071 6/9/2015
190.50
AEM MECHANICAL SERVICES INC
Contractual R&M
186072 6/9/2015
1,323.53
AHLGREN ELECTRIC
Contractual R&M
186073 6/9/2015
5,000.00
AIM ELECTRONICS INC
Machinery & Equipment
186074 6/9/2015
239.84
AMERICAN BOTTLING CO
Cost of Sales - Miscellaneous
186075 6/9/2015
135.00
AMERICAN RED CROSS
Operating Supplies
186076 6/9/2015
81.33
AMERIPRIDE SERVICES
Contractual R&M
186077 6/9/2015
811.28
ARCTIC GLACIER USA INC.
Cost of Sales - Miscellaneous
186078 6/9/2015
202.47
ARNESON DISTRIBUTING CO
Cost of Sales - Beer
186079 6/9/2015
463.00
ARTISAN BEER COMPANY
Cost of Sales - Beer
186080 6/9/2015
179.43
AUTO VALUE - GLENCOE
Equipment Parts
186081 6/9/2015
51.17
B & B SPORTS
Repair & Maintenance Supplies
186082 6/9/2015
2,085.99
B & C PLUMBING & HEATING INC
Contractual R&M
186083 6/9/2015
343.00
B.T. LOCK & KEY LLC
Repair & Maintenance Supplies
186084 6/9/2015
9,997.75
BACHMAN'S
Operating Supplies
186085 6/9/2015
50.12
BARN UM GATE SERVICES INC
Repair & Maintenance Supplies
186086 6/9/2015
1,344.04
BELLBOY CORP
Freight
186087 6/9/2015
346.00
BERNICK'S
Cost of Sales - Miscellaneous
186088 6/9/2015
60.00
BJORSTROM, JACOB
Recreation Activity Fees
186089 6/9/2015
94.99
BLACK, HAYDEN
Uniforms & Personal Equip
186090 6/9/2015
18,035.40
BOLTON & MENK INC.
Engineering Fees
186091 6/9/2015
3,740.75
BRAUN INTERTEC CORP
Other Professional Services
186092 6/9/2015
565.00
BROTHERS FIRE PROTECTION COMPANY
Other Professional Services
186093 6/9/2015
335.00
BROWN COUNTY COURT ADMINISTRATION
Other Revenues
186094 6/9/2015
1,263.71
BUSINESSWARE SOLUTIONS
Contractual R&M
186095 6/9/2015
58,010.93
C & L DISTRIBUTING
Case Deposits
186096 6/9/2015
239.80
CALIFORNIA CONTRACTORS SUPPLIES
Repair & Maintenance Supplies
186097 6/9/2015
750.70
CARPETSPLUS COLOR TILE
Contractual R&M
186098 6/9/2015
47.94
CENTRAL HYDRAULICS
Equipment Parts
186099 6/9/2015
4,427.68
CHEMISOLV CORP
Chemicals & Chemical Products
186100 6/9/2015
1,250.00
CLARKE ENVIRONMENTAL MOSQUITO MANAGEM
Contractual R&M
186101 6/9/2015
516.43
COMDATA CORPORATION
Meetings In House
186102 6/9/2015
44.00
CORRA GROUP
Operating Supplies
186103 6/9/2015
175.55
CREEKSIDE SOILS
Operating Supplies
186104 6/9/2015
603.82
CROW RIVER AUTO & TRUCK REPAIR
Automotive R&M
186105 6/9/2015
429.50
CROW RIVER GOLF CLUB
Meetings In House
186106 6/9/2015
97.63
CROW RIVER PRESS INC
Printing & Publishing
186107 6/9/2015
520.38
CROW RIVER WINERY
Cost of Sales - Wine
186108 6/9/2015
1,212.14
CURTIS 1000 INC - MN
Printing & Publishing
186109 6/9/2015
2,470.00
DAVE'S PALLET SERVICE
Inventory- Process Material
186110 6/9/2015
10,043.94
DAY DISTRIBUTING
Case Deposits
186111 6/9/2015
268.06
DOMINO'S PIZZA
Miscellaneous Expense
186112 6/9/2015
1,100.19
DPC INDUSTRIES INC
Chemicals & Chemical Products
186113 6/9/2015
67.50
DROP -N -GO SHIPPING INC
Postage
186114 6/9/2015
880.60
DUANE W. NIELSEN COMPANY
Contractual R&M
186115 6/9/2015
244,284.23
DUININCK INC
Improv other than Buildings
186116 6/9/2015
34.47
DUNDEE
Flowers -Funeral
186117 6/9/2015
6.00
DVS RENEWAL
Chevy Equinox
186118 6/9/2015
6.00
DVS RENEWAL
Chevy Equinox
186119 6/9/2015
2,426.12
E2 ELECTRICAL SERVICES INC
Contractual R&M
186120 6/9/2015
60.03
ECOLAB PEST ELIMINATION
Contractual R&M
186121 6/9/2015
723.89
ENVIRONMENTAL RESOURCE ASSOC
Contractual R&M
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 5/27/2015 - 6/9/2015
6/3/2015
Check Number Check Date
Amount
Vendor
Account Description
186122 6/9/2015
1,890.00
ERICKSON ENGINEERING CO LLC
Other Professional Services
186123 6/9/2015
1,987.00
ESS BROTHERS & SONS
Repair & Maintenance Supplies
186124 6/9/2015
170.88
FARM -RITE EQUIPMENT
Automotive R&M
186125 6/9/2015
311.17
FASTENAL COMPANY
Motor Fuels & Lubricants
186126 6/9/2015
228.00
FIRST CHOICE FOOD & BEVERAGE SOLUTIONS
Office Supplies
186127 6/9/2015
2,590.40
FRED HOLASEK & SON INC
Operating Supplies
186128 6/9/2015
36.00
FUCHS, SUSAN
Park Fees
186129 6/9/2015
135.06
G & K SERVICES
Operating Supplies
186130 6/9/2015
35,397.59
GARICK CORPORATION
Inventory- Process Material
186131 6/9/2015
150.50
GEB ELECTRICAL INC
Contractual R&M
186132 6/9/2015
50.00
GLENCOE COMMUNITY ED
Other Professional Services
186133 6/9/2015
999.00
GOLDSTAR PRODUCTS INC
Chemicals & Chemical Products
186134 6/9/2015
248.07
GRAINGER
Operating Supplies
186135 6/9/2015
449.60
HACH COMPANY
Equipment Parts
186136 6/9/2015
34.50
HANSEN GRAVEL
Repair & Maintenance Supplies
186137 6/9/2015
5,921.51
HAWKINS INC
Chemicals & Chemical Products
186138 6/9/2015
96,589.34
HD SUPPLY WATERWORKS, LTD
Machinery & Equipment
186139 6/9/2015
135.00
HEINTZ INC.
Other Professional Services
186140 6/9/2015
643.36
HENRYS FOODS INC
Concession Supplies
186141 6/9/2015
151.70
HILLYARD / HUTCHINSON
Operating Supplies
186142 6/9/2015
1,512.28
HUTCHFIELD SERVICES INC
Contractual R&M
186143 6/9/2015
5,849.81
HUTCHINSON AREA HEALTH CARE
Common Area Maintenance
186144 6/9/2015
229.84
HUTCHINSON CO-OP
Automotive R&M
186145 6/9/2015
129.38
HUTCHINSON WHOLESALE
Motor Fuels & Lubricants
186146 6/9/2015
4,346.87
HUTCHINSON, CITY OF
Utilities
186147 6/9/2015
720.00
HUTCHINSON, CITY OF
Refunds & Reimbursements
186148 6/9/2015
5,000.00
HUTCHINSON, CITY OF
Replenish ATM
186149 6/9/2015
3,395.55
IDEAL SERVICE, INC
Contractual R&M
186150 6/9/2015
205.83
INTERSTATE BATTERY SYSTEM MINNEAPOLIS
Equipment Parts
186151 6/9/2015
362.36
J & R COMPLETE AUTO & RADIATOR
Contractual R&M
186152 6/9/2015
2,344.99
JEFF MEEHAN SALES INC.
Sales Commissions
186153 6/9/2015
1,548.15
A TAYLOR DIST OF MN
Cost of Sales - Beer
186154 6/9/2015
11,984.00
JLR GARAGE DOOR SERVICE
Contractual R&M
186155 6/9/2015
13.84
JOCHUM, DANIEL
Miscellaneous Expense
186156 6/9/2015
34,360.86
JOHNSON BROTHERS LIQUOR CO.
Cost of Sales - Liquor
186157 6/9/2015
8.54
JOHNSON, DOUG L.
Travel/Conference Expense
186158 6/9/2015
200.00
JORDAHL, JIM
Operating Supplies
186159 6/9/2015
99.09
JUUL CONTRACTING CO
Equipment Parts
186160 6/9/2015
4,402.00
KNECHT'S NURSERIES & LANDCAPING
Operating Supplies
186161 6/9/2015
3,412.50
KOHLS SWEEPING SERVICE
Contractual R&M
186162 6/9/2015
381.17
KRANZ LAWN & POWER
Equipment Parts
186163 6/9/2015
60.48
L & P SUPPLY CO
Automotive R&M
186164 6/9/2015
3,115.00
LAKESIDE EQUIPMENT CORP
Repair & Maintenance Supplies
186165 6/9/2015
406.00
LANDSCAPE CONCEPTS INC
Contractual R&M
186166 6/9/2015
52.70
LEAGUE OF MN CITIES
Operating Supplies
186167 6/9/2015
296.47
LOCATORS & SUPPLIES
Safety Supplies
186168 6/9/2015
36,425.75
LOCHER BROTHERS INC
Cost of Sales - Beer
186169 6/9/2015
20,860.00
LTP ENTERPRISES
Other Professional Services
186170 6/9/2015
79.98
MAGNUSSON, BRIAN
Uniforms & Personal Equip
186171 6/9/2015
71.94
MAIN STREET SPORTS BAR
Operating Supplies
186172 6/9/2015
37.59
MARSHALL CONCRETE PRODUCTS
Repair & Maintenance Supplies
186173 6/9/2015
9,785.50
MCLEOD COUNTY AUDITOR -TREASURER
Improv other than Buildings
186174 6/9/2015
204,527.04
MCLEOD COUNTY AUDITOR -TREASURER
Other Professional Services
186175 6/9/2015
1,222.17
MENARDS HUTCHINSON
Repair & Maintenance Supplies
186176 6/9/2015
1,187.50
MES - MIDAM
Operating Supplies
CITY OF HUTCHINSON
Council Check Register -A
Check Issue Dates: 5/27/2015 - 6/9/2015
6/3/2015
Check Number Check Date
Amount
Vendor
Account Description
186177 6/9/2015
30.00
MESSAGE MEDIA
Phone Services
186178 6/9/2015
318.25
MEYER LABORATORY INC
Cleaning Supplies
186179 6/9/2015
7,461.00
MINNESOTA DEPT OF HEALTH
Water- State Testing Fee
186180 6/9/2015
40.00
MINNESOTA DEPT OF TRANSPORTATION
Licenses & Permits
186181 6/9/2015
255.00
MINNESOTA SPORTS FEDERATION
Other Professional Services
186182 6/9/2015
270.00
1 MINNESOTA VALLEY TESTING LAB
Contractual R&M
186183 6/9/2015
200.88
MORGAN CREEK VINEYARDS
Cost of Sales - Wine
186184 6/9/2015
283.53
M -R SIGN
Sign Repair Materials
186185 6/9/2015
231.00
MRPA
Other Professional Services
186186 6/9/2015
1,303.00
MURPHY GRANITE CARVING
Repair & Maintenance Supplies
186187 6/9/2015
608.00
NATIONAL RESEARCH CENTER INC.
Other Professional Services
186188 6/9/2015
118.45
NILES, JIM
Travel/Conference Expense
186189 6/9/2015
189.61
NORTH CENTRAL LABORATORIES
Operating Supplies
186190 6/9/2015
4,061.87
NU -TELECOM
Phone Services
186191 6/9/2015
318.38
OENOPHILIA
Cost of Sales - Miscellaneous
186192 6/9/2015
150.09
OFFICE DEPOT
Office Supplies
186193 6/9/2015
101.08
OFFICE OF MN IT SERVICES
Phone Services
186194 6/9/2015
314.00
O'REILLY AUTO PARTS
Automotive R&M
186195 6/9/2015
74.37
PAGE, JEFFREY
Operating Supplies
186196 6/9/2015
109.99
PAULSON, DEB
Safety Supplies
186197 6/9/2015
1,172.01
PAUSTIS WINE COMPANY
Freight
186198 6/9/2015
27,515.64
PHILLIPS WINE & SPIRITS
Cost of Sales - Miscellaneous
186199 6/9/2015
1,563.75
PIONEER MANUFACTURING CO
Sign Repair Materials
186200 6/9/2015
1,600.00
POSTMASTER
Postage
186201 6/9/2015
204.92
POWER/MATION DIVISION INC
Equipment Parts
186202 6/9/2015
160.31
PRIEVE LANDSCAPING & LAWN CARE
Contractual R&M
186203 6/9/2015
37.41
PRO AUTO MN INC.
Contractual R&M
186204 6/9/2015
173.00
QUADE ELECTRIC
Repair & Maintenance Supplies
186205 6/9/2015
1,709.94
QUALITY FLOW SYSTEMS
Equipment Parts
186206 6/9/2015
293.93
QUILL CORP
Office Supplies
186207 6/9/2015
1,361.35
R J L TRANSFER
Freight
186208 6/9/2015
600.00
RDO TRUST #80-5800
Dues & Subscriptions
186209 6/9/2015
600.00
READY WATT ELECTRIC
Contractual R&M
186210 6/9/2015
8,023.97
REINER ENTERPRISES INC
Freight- Bagged
186211 6/9/2015
-
VOIDED CHECK
186212 6/9/2015
426.03
RUNNING'S SUPPLY
Travel/Conference Expense
186213 6/9/2015
40.00
SALOMON, TRACI
Park Fees
186214 6/9/2015
31.07
SAM'S CLUB
Operating Supplies
186215 6/9/2015
5,430.00
SCHIMMEL CONSTRUCTION LLC
HRA Construction
186216 6/9/2015
51.75
SEBORA, MARC
Travel/Conference Expense
186217 6/9/2015
1,895.34
SEH
Other Professional Services
186218 6/9/2015
83.76
SEPPELT, MILES
Travel/Conference Expense
186219 6/9/2015
132.83
SHELLENBARGER, VIRGENE
Travel/Conference Expense
186220 6/9/2015
96.63
SHRED -IT USA INC
Refuse - Recycling
186221 6/9/2015
800.00
SIGNATURE MASONRY INC.
Contractual R&M
186222 6/9/2015
8,126.30
SOUTHERN WINE & SPIRITS OF MN
Freight
186223 6/9/2015
8,203.61
SPARTAN STAFFING
Temporary Labor - External
186224 6/9/2015
15.00
STANDARD PRINTING
Office Supplies
186225 6/9/2015
639.35
STAPLES ADVANTAGE
Operating Supplies
186226 6/9/2015
169.00
STAR TRIBUNE
Refunds & Reimbursements
186227 6/9/2015
3,155.81
STREICH TRUCKING
Freight - Bulk
186228 6/9/2015
135.93
SUBWAY WEST
Operating Supplies
186229 6/9/2015
2,450.96
SUNCOAST GARDEN PRODUCTS INC.
Inventory- Bagged Product
186230 6/9/2015
1,130.49
TASC
Admin Fees - HSA/Flex
186231 6/9/2015
390.00
TASER TRAINING ACADEMY
Travel/Conference Expense
CITY OF HUTCHINSON
Council Check Register-A
Check Issue Dates: 5/27/2015 - 6/9/2015
6/3/2015
Check Number
Check Date
Amount
Vendor
Account Description
186232
6/9/2015
106.59
TESSMAN COMPANY
Chemicals & Chemical Products
186233
6/9/2015
1,141.20
TKO WINES
Cost of Sales - Wine
186234
6/9/2015
6,943.22
TRAFFIC MARKING SERVICE INC
Contractual R&M
186235
6/9/2015
70.00
TRAVIS, JOHN
Travel/Conference Expense
186236
6/9/2015
34,707.80
TREBELHORN & ASSOC
Motor Fuels & Lubricants
186237
6/9/2015
120.72
TWO WAY COMMUNICATIONS INC
Phone Services
186238
6/9/2015
174.99
UECKER, TROY
Uniforms & Personal Equip
186239
6/9/2015
1,226.40
UNITED PACKAGING & DESIGN
Inventory- Process Material
186240
6/9/2015
38.30
UPS/UPS SCS CHICAGO
Postage
186241
6/9/2015
1,768.00
URBAN COMMUNICATIONS LLC
Equipment Rental
186242
6/9/2015
432.25
US BANK EQUIPMENT FINANCE
Copy Machine
186243
6/9/2015
1,001.89
USPS-HASLER
Postage
186244
6/9/2015
2,663.06
VERIZON WIRELESS
Phone Services
186245
6/9/2015
18,144.15
VIKING BEER
Cost of Sales - Beer
186246
6/9/2015
372.80
VIKING COCA COLA
Cost of Sales - Miscellaneous
186247
6/9/2015
1,306.81
VIKING SIGN & GRAPHICS INC
Operating Supplies
186248
6/9/2015
856.46
VINOCOPIA INC
Freight
186249
6/9/2015
96.19
VISUAL EFFECTS SIGN & GRAPHICS CO
Printing & Publishing
186250
6/9/2015
1,299.85
WASTE MANAGEMENT OF WI-MN
Utilities
186251
6/9/2015
92.22
WEST CENTRAL SANITATION INC.
Utilities
186252
6/9/2015
4,733.10
WINE COMPANY, THE
Cost of Sales - Wine
186253
6/9/2015
1,131.00
WINSTON COMPANY
Inventory- Process Material
186254
6/9/2015
4,482.21
WIRTZ BEVERAGE MINNESOTA
Cost of Sales - Liquor
186255
6/9/2015
7,955.68
WM MUELLER & SONS - SEPARATE CK
Improv other than Buildings
Grand Totals:
1,076,497.20
CITY OF HUTCHINSON Check Register - Council Check Register Page: 1
Report Dates: 5/10/2015-5/23/2015 May 27, 2015 01:23PM
Report Criteria:
Transmittal checks included
Pay Period Journal Check Check
Date Code Issue Date Number Payee
Amount
05/23/2015
CDPT
05/27/2015
186066
HART
618.76-
05/23/2015
CDPT
05/27/2015
5271501
AFLAC
20.46-
05/23/2015
CDPT
05/27/2015
5271501
AFLAC
130.75-
05/23/2015
CDPT
05/27/2015
5271502
EFTPS
12,930.08-
05/23/2015
CDPT
05/27/2015
5271502
EFTPS
12,930.08-
05/23/2015
CDPT
05/27/2015
5271502
EFTPS
3,787.45-
05/23/2015
CDPT
05/27/2015
5271502
EFTPS
3,787.45-
05/23/2015
CDPT
05/27/2015
5271502
EFTPS
26,156.46-
05/23/2015
CDPT
05/27/2015
5271503
ICMA
2,105.00-
05/23/2015
CDPT
05/27/2015
5271504
ING
1,050.00-
05/23/2015
CDPT
05/27/2015
5271505
Minnesota Dept. of Revenue
11,045.06-
05/23/2015
CDPT
05/27/2015
5271506
MN Child Support System
41.87-
05/23/2015
CDPT
05/27/2015
5271507
MNDCP
250.00-
05/23/2015
CDPT
05/27/2015
5271508
PERA
12,509.68-
05/23/2015
CDPT
05/27/2015
5271508
PERA
12,509.68-
05/23/2015
CDPT
05/27/2015
5271508
PERA
6,016.23-
05/23/2015
CDPT
05/27/2015
5271508
PERA
9,024.33-
05/23/2015
CDPT
05/27/2015
5271508
PERA
26.01-
05/23/2015
CDPT
05/27/2015
5271508
PERA
26.01-
05/23/2015
CDPT
05/27/2015
5271508
PERA
1,924.58-
05/23/2015
CDPT
05/27/2015
5271509
TASC-Flex
359.91-
05/23/2015
CDPT
05/27/2015
5271509
TASC-Flex
1,495.49-
05/23/2015
CDPT
05/27/2015
5271510
TASC-HSA
4,159.36-
05/23/2015
CDPT
05/27/2015
5271510
TASC-HSA
5,230.56-
05/23/2015
CDPT
05/27/2015
5271510
TASC-HSA
657.98-
05/23/2015
CDPT
05/27/2015
5271510
TASC-HSA
653.82-
05/23/2015
CDPT
05/27/2015
5271510
TASC-HSA
1,089.20
-
Grand
Totals:
27
130,536.26-
ELECTRONIC FUNDS TRANSFERS
6/9/2015
TAX
FUND
PAYABLE TO
AMOUNT
FUEL
HATS
MN DEPT OF REV
$711.18
SALES TAX
LIQUOR
MN DEPT OF REV
$43,203.00
SALES TAX
PRCE CIVIC ARENA
MN DEPT OF REV
$777.00
SALES & USE TAX
WATER SEWER CREEKSIDE
MN DEPT OF REV
$11,296.00
$55,987.18
HUTCHINSON CITY COUNCIL ci vof 0, a_ �
Request for Board Action 79 M-W
Agenda Item: Discussion of New Donated Scoreboard at Veteran's Memorial Field
Department: Finance / Parks
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Andy Reid
Agenda Item Type:
Presenter: Hutchinson Huskies
Reviewed by Staff F1
Communications, Requests
Time Requested (Minutes): 10
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Representatives from the Hutchinson Huskies baseball board will be present to give council an update on a new
baseball scoreboard at Veteran's Memorial Field. The current scoreboard is over 20 years old and has served it's
useful life. Finding replacement parts for the scoreboard is difficult and using incandescent light bulbs is inefficient
and hard for spectators to see at times. The City now has the opportunity to replace this scoreboard with new
technology and LED light bulbs, at no cost to the City other than some employee labor.
The cost of the scoreboard is $26,846 and some electrical and installation work will also be needed. A private donor,
Clancy Kurth, is willing to reimburse the City for the entire $26,846 cost of the scoreboard over a two year period
(50% in 2015 and 50% in 2016 for tax purposes). The City will cover the initial cost out of the Public Sites fund and
will be reimbursed in full by Mr. Kurth by 2016.
The electrical work is going to be covered by the Hutchinson Huskies and the installation work will be handled by the
Parks Department.
Getting this new scoreboard in place has been true partnership between the City, Hutchinson Huskies and the private
donor. It also comes at an opportune time as the 2016 State Amateur Baseball Tournament will be held in
Hutchinson along with games in Litchfield and Dassel. The City has been using Facility Plan dollars to make some
improvements to the field as well. In 2014 we leveled the infield to address water drainage issues and replaced with
new sod. in 2015 we are addressing the old backstop and dugouts. The scoreboard will be the final piece that will
help showcase our baseball field to the many players and spectators traveling to Hutchinson for the 2016 tournament
in addition to the many High School, VFW and Legion games that bring people to the field each year.
BOARD ACTION REQUESTED:
No action needed
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: 0.00 Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost: $ 26,846.00
Total City Cost: $ 0.00 Funding Source: 0
Remaining Cost: $ 26,846.00 Funding Source: Private Donation
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Ordinance No. 15-0742 -Amending City Code Chapter 74 -Traffic Schedules
Department: Administration/Legal
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Marc A. Sebora
Agenda Item Type:
Presenter: Marc A. Sebora
Reviewed by Staff ❑
Communications, Requests
Time Requested (Minutes):
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
As a follow up from the last Council meeting, please find attached Ordinance No. 15-0742 in final form for your
consideration of its second reading and adoption. No changes have been made to the ordinance since its first
reading held at the last meeting. In order to protect the safety of pedestrians on Main Street, this ordinance proposes
to prohibit bicycling, roller blading and skate boarding from the south side of Second Avenue North to the north side of
Third Avenue South, excluding alleys.
BOARD ACTION REQUESTED:
Second reading and adoption of Ordinance No. 15-0742.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
ORDINANCE NO. 15-0742
AN ORDINANCE AMENDING CHAPTER OF THE HUTCHINSON CITY CODE —
TRAFFIC SCHEDULES
The City Council of the City of Hutchinson hereby ordains:
CHAPTER 74: TRAFFIC SCHEDULES
Schedule
I. Downtown area; snowmobile prohibited zone
II. Downtown business district
SCHEDULE L DOWNTOWN AREA; SNOWMOBILE PROHIBITED ZONE.
It is unlawful to operate a snowmobile upon any county road or state highway within the
city, or within the designated downtown area, which includes and is bounded by the streets set
forth below.
Boundaries of Downtown Area Where Snowmobiles are Prohibited
The rights-of-way of Franklin, Main and Hassan Streets from Second Avenue North to Fifth
Avenue South
('89 Code, § 8.09) (Ord. 92-63, passed 10-27-92) Penalty, see § 10.99
Cross-reference:
Snowmobile operating restrictions, see § 73.02
SCHEDULE IL DOWNTOWN BUSINESS DISTRICT.
The downtown business district includes the locations set forth below.
Downtown Business District Where Riding Bicycles, Roller Skates and the Like is Restricted
Street or Ri ht -of- Way
Side qf Street
Location
All sidewalks adjacent to
West and east sides
From the south side of Second
Main Street within the city
Avenue North to Eew4h
limits
A-ventie the north side of Third
Avenue South, excluding
alleys
('89 Code, § 8.12) (Ord. 97-205, passed 9-9-97) Penalty, see § 10.99
Cross-reference:
Use of bicycles, skateboards, roller skates and the like, see § 73.31
Adopted by the Hutchinson City Council this 9th day of June, 2015.
ATTEST:
Gary T. Forcier, Mayor Matthew Jaunich, City Administrator
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: Ordinance No. 15-0743-Amending City Code Section 31.28-Airport Commission
Department: Administration/Legal
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Marc A. Sebora
Agenda Item Type:
Presenter: Marc A. Sebora
Reviewed by Staff ❑
Unfinished Business
Time Requested (Minutes):
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
As a follow up from the last City Council meeting, please find attached Ordinance No. 15-0743 for consideration of its
second reading and adoption. The ordinance amends Airport Commissioner terms from five years to three years.
BOARD ACTION REQUESTED:
Second reading and adoption of Ordinance No. 15-0743.
Fiscal Impact: Funding Source:
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
ORDINANCE NO. 15-0743
AN ORDINANCE AMENDING SECTION 31.28 OF THE HUTCHINSON CITY CODE —
AIRPORT COMMISSION
The City Council of the City of Hutchinson hereby ordains:
§ 31.28 AIRPORT COMMISSION.
(A) Establishment and composition. An Airport Commission is hereby established.
The Commission shall be composed of six members to serve staggered €xve three-year terms, one
of which shall be a member of the Council designated by the Council.
(B) Powers and duties. The Commission shall advise the Council in all matters
dealing with the airport and its operation. It shall recommend an annual operating budget, report
on the adequacy of facilities, recommend capital improvements and serve as a forum for others
to express their views on subjects relating to the airport and its operation.
('89 Code, § 2.55) (Am. Ord. 12-699, passed 12-11-12)
Adopted by the Hutchinson City Council this 9th day of June, 2015.
ATTEST:
Gary T. Forcier, Mayor Matthew Jaunich, City Administrator
HUTCHINSON CITY COUNCIL ci=V�f�
Request for Board Action 79 M-W
Agenda Item: MidCountry Bank Real Estate Purchase Agreement
Department: Administration/Legal
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Marc A. Sebora
Agenda Item Type:
Presenter: Marc A. Sebora
Reviewed by Staff ❑
Consent Agenda
Time Requested (Minutes): 0
License Contingency N/A
Attachments: Yes
BACKGROUND/EXPLANATION OF AGENDA ITEM:
Earlier this year, it came to the City's attention that the southern portion of the parking lot behind MidCountry Bank on
Main Street might be for sale. That portion of the parking lot is owned by MidCountry Bank. City staff is interested in
purchasing the parcel so that the right turn movement for vehicles coming out of the alley after using the post office
mailbox along the alley can be maintained without concern of development by the bank. After some negotiations
between the bank and City staff, there is now a purchase agreement for the City Council to consider.
Essentially the terms of the purchase agreement are:
• The City would buy the southerly parcel for the price of $57,000.
• The closing for the transaction would be no later than August 15, 2015
• The bank would have the opportunity to purchase the northernmost 46.3 feet of the parking lot from the City and the
chance to match any other offer that the City receives in the five years after the date of the purchase agreement for
this northern parcel
• Any sale of the northerly 46.3 feet would be subject to a public hearing as required by the City Charter
• If the bank ultimately buys the north 46.3 feet, that property must be used for a business purpose that is not
exclusively parking.
Along with the purchase agreement, I am enclosing a map showing the two parcels involved. The lower portion in red
is the parcel that is the subject of the purchase agreement. The top portion of the map (in blue) shows the parcel that
may be purchased by MidCountry Bank in the future.
It is suggested that money from the Community Improvement Fund or retired bond fund proceeds be used to
purchase the property.
Staff recommends the purchase of this property and will be available for any questions the Council may have at the
meeting.
BOARD ACTION REQUESTED:
Approve purchase agreement between MidCountry Bank and City of Hutchinson
Fiscal Impact: $ 57,000.00 Funding Source: CIP Fund/Retired Bond Proceeds
FTE Impact: Budget Change: No
Included in current budget: No
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
REAL ESTATE PURCHASE AGREEMENT
Parties. This Purchase Agreement is made and effective on the last date executed below by and
between MidCountry Bank, a federal savings bank under the laws of the United States of
America, "Seller", and the City of Hutchinson, a Minnesota municipal corporation, "Purchaser"
Offer/Acceptance. Seller agrees to convey real property (the "Property") in McLeod County,
Minnesota, legally described as:
South 48 feet of Lot 3 in Block 27 in the Townsite of Hutchinson, South Half, described as
follows, to -wit: Beginning at the Southeast Corner of Lot 3, Block 27 in the Townsite of
Hutchinson, South Half, thence running in a Northerly direction along the East boundary line of
said Lot 3, 48 feet; thence running in a Westerly direction on a line parallel with the South
boundary line of said Lot 3 to a point on the West boundary line of said Lot 3, 48 feet North of
the Southwest Corner of said Lot 3; thence running in a Southerly direction along the West
boundary line of said Lot 3 to the Southwest Corner thereof, thence running in an Easterly
direction along the South boundary line of said Lot 3 to the point of beginning, in McLeod
County, State of Minnesota.
Purchase Price and Terms. The purchase price for the Property shall be fifty-seven thousand
dollars and no cents ($57,000.00) which the Buyer agrees to pay in cash or by certified check or
bank draft on the date of the closing and upon delivery of the deed as hereinafter provided.
Buyer shall cause one thousand dollars and no cents ($1,000.00) of this amount as earnest money
to be made payable to the Seller and delivered with this Purchase Agreement. Seller may co -
mingle the earnest money with Seller's other funds.
Closing Date and Contingencies. For a period of up to thirty (30) days following the effective
date of this Purchase Agreement, Buyer shall have an opportunity to conduct investigations of
the Property as described below. The obligation of the Buyer to complete the transaction
contemplated under this Purchase Agreement is specifically contingent on and the Buyer
satisfying itself that there are no significant environmental or other material problems affecting
the Property. The Buyer shall be the sole judge of the fitness of the condition of the Property.
The closing of this transaction shall take place within thirty (30) days of the end of the
contingency period and, in no event later than August 15, 2015.
Deed. At closing, Seller shall execute and deliver a Limited Warranty Deed conveying title of
record, subject to building and zoning laws, ordinances, state and federal regulations, exceptions
to title which constitute encumbrances, restrictions or easements of record.
Assessments. Seller shall pay on the date of closing any deferred real estate taxes (including
"green acres" taxes) under Minnesota Statute §273.1.11 or special assessments payment of which
is required as of the closing of this sale. Real estate taxes due and payable in the year in which
this transaction is closed shall be prorated between the Buyer and Seller. Buyer shall pay real
estate taxes due and payable in the year following closing and thereafter. Seller makes no
representation concerning the amount of future real estate taxes or of future special assessments.
Seller's Lien Warrants. Seller warrants that there have been no labor or material furnished to the
Property for which payment has not been made.
71064330
Condition of Property. Seller shall remove all debris and all personal property not included in
this sale from the Property prior to closing. Seller has not received any notice from any
governmental authority as to the existence of any Dutch elm disease, oak wilt, or other disease of
any trees on the Property.
Records. Upon execution of this Purchase Agreement, and to the extent in Seller's possession,
Seller will deliver to the Buyer true and correct copies of all records effecting the Property and
its ownership, condition and use including, without limitation, copies of all surveys, soil tests,
environmental studies and reports, market studies, appraisals, tax records, governmental permits
and correspondence.
To the best of Seller's knowledge, no hazardous substances or petroleum products having been
placed, stored, or released from or on the Property by any person in violation of any law, nor of
any underground storage tanks having been located on the Property at any time.
Seller does not warrant and represent to Buyer that there have been no acts or occurrences upon
the Property that have caused or could cause hazardous substances or petroleum products to be
released or discharged into the subsoil or ground water of the Property or other property in the
area. Seller does not represent and warrant to Buyer that the Property is free of hazardous
substances and is not subject to any "superfund" type liens or claims by governmental regulatory
agencies or third parties arising from the release or threatened release of hazardous substances in,
on, or about the Property.
To the best of Seller's knowledge, there are no wetlands, flood plain, or shoreland on or affecting
the Property.
Other than the representations made in this paragraph, and by any contingencies, the Property is
being sold "AS IS" with no express or implied representations or warranties by the Seller as to
physical conditions or fitness for any particular purpose.
Disclosure of Notices. Seller has not received any notice from any governmental authority as to
violation of any law, ordinance or regulation. If the Property is subject to restrictive covenants,
Seller has not received any notice from any person as to a breach of the covenants. Seller has not
received any notice from any governmental authority concerning any eminent domain,
condemnation, special taxing district, or rezoning proceedings. Should Seller receive notice of
annexation proceedings, Seller agrees to cooperate with Buyer to annex the above-described land
into the City of Hutchinson.
Access Prior to Closing. By this Purchase Agreement, Buyer does not acquire any right of
possession of the Property, license, or easement. However, during the contingency period, Buyer
and its agents shall have access to the Property for completing such tests, studies, evaluations
and other investigations as Buyer deems necessary. This right of entry shall also include the
Buyer's agents, surveyors, engineers, and site evaluators for the purposes of testing, measuring
and evaluating the condition of the parcel.
Buyer shall indemnify and hold Seller harmless from any and all liens, claims, liabilities or
charges incurred or related to Buyer's contracts with surveyors, engineers and site evaluators, or
Buyer's or Buyer's independent contractors entry upon the Property, which indemnity shall
2
71064330
include any reasonable attorney's fees, costs or disbursements incurred by Seller in any defense
thereof. Buyer shall not damage the Property; and, shall not perform any excavating or earth
moving or tree removal.
Possession. Seller shall deliver possession of the Property immediately following closing.
Examination of Title. Seller shall cause to be issued to Buyer, at Seller's cost, no later than
fifteen (15) days from the effective date of this Purchase Agreement, with a commitment for an
American Land Association ("ALTA") owner's policy of title insurance (the "Commitment"),
issued by Crow River Title Guaranty, Inc., to include proper searches including bankruptcies,
state and federal liens, judgments and taxes and assessments, current and delinquent, as well as a
certificate from the city or county clerk / treasurer as to assessments, utilities and sundry costs.
The Buyer shall be allowed fifteen (15) days after receipt thereof for examination of said title
and the making of any objections to title. Said objections shall be in writing. Any objections not
in writing shall be deemed to be waived by Buyer. If the objections are made, the Seller shall
use commercially reasonable efforts to resolve all issues relating to the objections in a manner
that is reasonably acceptable to Buyer within one hundred twenty (120) days and the closing date
shall be extended pending correction of title. However, Seller has no obligation to cure any
objections, except that Seller covenants and agrees that prior to or at closing, it will discharge
any encumbrances that constitute a lien against the Property. Except as to liens, if Seller is
unable or unwilling to provide a cure (or arrange a cure) that is reasonably acceptable to Buyer
for any objection prior to the date of closing, Buyer may either: (i) by written notice to Seller,
terminate this Purchase Agreement with the earnest money returned to Buyer, or (ii) by written
notice to Seller waive such objections and proceed under the terms of this Purchase Agreement.
Upon making title marketable or the waiver of Buyer's objections as described above, the
closing date shall occur within ten (10) days after written notice to Buyer from Seller that title
has been corrected and the parties shall perform this Purchase Agreement according to its terms.
Warranties and Representations of Seller. By executing this Purchase Agreement, Seller
represents and warrants that the Seller is the sole owner of the Property and that there are no
actual pending or threatening legal action with respect to the Property. Seller also warrants that
there are no other contracts for deed, agreements, and options of first refusal affecting the
Property. Finally, the Seller warrants that to the best of Seller's knowledge, there are no
violations of applicable governmental laws, ordinances or regulations pertaining to the Property.
Closing Costs and Prorations. Seller shall pay all costs and expenses necessary to place title in
the condition represented by Seller. Seller shall pay the costs of the Commitment. Seller shall
pay any state deed tax due and payable with respect to the Limited Warranty Deed conveying the
Property. Real estate taxes due and payable for the Property the year in which the Closing
occurs shall be prorated between Seller and Buyer as of the Closing Date. Buyer shall pay the
costs of recording the conveyance instruments and the premium for any policy of title insurance
which Buyer elects to purchase. Seller and Buyer shall share equally the closing fee charged by
a title company. All other costs and expenses with respect to the Property shall be prorated
between the Seller and Buyer as is customary as of the closing date. Each party shall pay its
respective attorney's fees and professional costs with respect to the negotiation and closing of the
purchase. Seller shall pay any commission or fee payable to Seller's broker or agent if any.
3
71064330
Option to purchase. For a period of five years following the closing, Buyer shall have an
opportunity to purchase the following described real estate located in McLeod County,
Minnesota:
The north 46.3 feet of Lot 1, Block 27, South Half City of Hutchinson
(hereinafter the "Optioned Real Estate")
Seller shall pay to Buyer, for the option to purchase the Optioned Real Estate as provided above
one thousand dollars and no cents ($1,000.00) (the "Option Deposit"). Buyer may co -mingle the
Option Deposit with its other funds. The Option Deposit shall be applied to the purchase price of
the Optioned Real Estate if Seller exercises the option hereunder, and if, the option is not
exercised, the Option Deposit is non-refundable and shall be retained by Buyer. To exercise the
option hereunder, Seller shall notify Buyer in writing that Seller is exercising the option. Seller's
exercise of the option shall be deemed effective two (2) business days after Seller delivers such
notice. Such notice can be delivered by registered certified U.S. Mail, facsimile, email or
personal delivery. If the Seller does not exercise the option within the five (5) year period
provided hereunder, the option will expire without the need for further notice of any kind.
During this option term, Buyer may market for sale its rights in the Property; provided, however,
if Buyer entered into an agreement for the purchase of the Property, Buyer shall let the third
party purchaser know of the option hereunder, shall provide Seller with written notice of such
agreement, which shall trigger a fifteen (15) day period under which the Seller must exercise the
option, or the option shall be deemed terminated without any further notice or requirements
hereunder. If Seller exercises the option hereunder, the sale of the Optioned Real Estate shall be
under the same terms of this Purchase Agreement including, without limitation, the purchase
price, and Seller and Buyer will enter into a purchase agreement for the Optioned Real Estate
within five (5) days after Seller exercises the option.
Should the Optioned Real Estate be sold to MidCountry Bank, the Property shall be used for
business purposes other than exclusively parking.
Minnesota Law
Minnesota.
This Purchase Agreement shall be governed by the laws of the State of
Well Disclosure. Seller certifies that Seller does not know of any wells on the Property.
Closing. Closing shall be conducted at Crow River Title Guaranty Inc. located at 106 2nd
Avenue SW, Hutchinson, Minnesota 55350. At closing, Seller and Buyer shall disclose their
Federal Tax Identification numbers for the purposes of completing state and federal tax forms.
Breach of Contract. Either party's failure to comply with the terms and provisions of this
Purchase Agreement, or any documents or agreements herewith or contemplated hereby, shall
constitute a default of this Purchase Agreement. Upon default, the non -defaulting party's sole
remedy shall be cancelation of this Purchase Agreement and earnest money shall be paid to the
non -defaulting party. Notwithstanding the foregoing, if Buyer breaches under the provisions
relating to the Optioned Real Estate, or any purchase agreement relating to the Optioned Real
Estate if Seller exercises the option, then Seller shall, in addition to all other available remedies
4
71064330
under law, have the right to seek specific performance. This provision relating to the Optioned
Real Estate shall survive closing.
Airport Zoning Regulations. Buyer understands and agrees that Seller does not know, or have
any reason to know, whether there are airport zoning regulations that affect the Property. If
airport zoning regulations affect the Property, a copy of those airport zoning regulations as
adopted can be viewed or obtained in the office of the county recorder where the zoned area is
located.
Methamphetamine Production. Buyer and Seller agree and acknowledge that, to the best of
Seller's knowledge, there has been no methamphetamine production on the Property, and that
Seller has no reason to know of any methamphetamine production on the Property.
Assignment. Neither party may assign, in whole or in part, any part of this Purchase Agreement
within the other party's prior written consent.
BUYER
CITY OF HUTCHINSON
Gary T. Forcier, Mayor
Dated:
Matthew Jaunich, City Administrator
Dated:
5
71064330
SELLER
MIDCOUNTRY BANK
David Turk, Chief Financial Officer
Dated:
-149 148
i
245
W -A
.6
HUTCHINSON CITY COUNCIL c'=y-fAa�
Request for Board Action 7AL =-ft
Agenda Item: Calling a Special Joint Council Meeting with the EDA for 11:30 am on July 8
Department: Administration
LICENSE SECTION
Meeting Date: 6/9/2015
Application Complete N/A
Contact: Matt Jaunich
Agenda Item Type:
Presenter: Matt Jaunich
Reviewed by Staff ❑
New Business
Time Requested (Minutes): 1
License Contingency N/A
Attachments: No
BACKGROUND/EXPLANATION OF AGENDA ITEM:
One item that I would like the Council to do on an annual basis is to set joint meeting with the Economic Development
Authority. The purpose of this annual meeting would be three-fold. One it would allow for a time for you to get an
update from the EDA on what they are working on. Secondly it would provide you some insight on the current
"business climate" of the community. Lastly it would provide you with an opportunity to provide feedback to the EDA
on what they are working on. I've been working with Miles and we are looking at having this first joint meeting taking
place on Wednesday, July 8 from 11:30 am to 1:00 pm. Lunch would be provided to better accommodate everyone's
schedules.
BOARD ACTION REQUESTED:
Approval of calling a special joint council meeting with the EDA for 11:30 am on July 8
Fiscal Impact: $ 0.00 Funding Source:
FTE Impact: Budget Change: No
Included in current budget: Yes
PROJECT SECTION:
Total Project Cost:
Total City Cost: Funding Source:
Remaining Cost: $ 0.00 Funding Source:
EDA Board Meeting
Main Conference Room — City Center
8:15 AM, Thursday, April 2nd, 2015
Members present in bold.
MEETING MINUTES
Members
Steve Jansick Daron Vanderheiden Chad Czmowski Corey Stearns
Mary Christensen Mike McGraw Jonny Block
Staff
Miles Seppelt, EDA Director
Call to order
EDA President Steve Jansick called the meeting to order at 8:15 AM
II. Approve Agenda — No Action
III. Grant & Loan Applications
Downtown Commercial Rehabilitation Loan Program
LA Meyer Properties — 2 Main Street North $13,356
10 year, 3.25%
Staff provided background on the project and loan request, noting that — per rule — the applicant was only eligible for
the difference between the maximum loan amount and the amount due on existing loans with the EDA. As of today,
that amount would be $11,495, but it could increase a bit if the applicant makes payments on their existing loan
before this one closes.
M/S/P: Block, Vanderheiden to approve the loan up to the maximum allowed by the
program. Passed unanimously.
IV. Other Business — None
V. Adjourn
With no further business to attend to, the meeting was adjourned at 8:20 AM.
Respectfully Submitted,
Miles R. Seppelt
EDA Director
EDA Board Meeting
Main Conference Room — City Center
11:30 AM Wednesday, April 22nd, 2015
Members present in bold.
MEETING MINUTES
Members
Steve Jansick Corey Stearns
Mary Christensen Mike McGraw
Staff
Miles Seppelt, EDA Director
Andy Reid, City Controller
Matt Jaunich, City Administrator
Jeffrey Page, EDA Assistant
Daron Vanderheiden Chad Czmowski
Jonny Block
Call to Order - Jansick called the meeting to order at 11:42 AM.
II. Approve Agenda
III. Review Minutes of March 18th Finance Team Meeting
M/S/P: Stearns, Block to approve the March Finance Team meeting minutes; passed
unanimously
Review Minutes of the March 25th EDA Board Meeting
M/S/P:Block, Czmowski to approve the March EDA Board meeting minutes; passed
unanimously.
IV. Review March EDA Financial Statements — Miles Seppelt
A. Format of financials has been revised to bring them in line with the most recent
accounting practices. The key change is that interest is shown as income while loan
principal is not.
B. Cash available in operations is $143,187.
C. $56,736 is reserved (proceeds from Warrior land sale) and $85,249 is unreserved.
D. The Economic Development Loan fund has $418,630 in cash available.
E. Loan repayments totaled $0 for the month.
F. Downtown revolving loan fund has $242,847 in cash available; $168,847 is unreserved;
loans receivable total $699,125 and $201,329 in capital assets (Cenex & Wright
properties).
G. Loan repayments totaled $9,258 for the month, of which $1,267 was interest income.
H. MIF Loan fund has $1,010,324 in cash available and loans receivable of $253,067
($223,354 NuCrane and $29,713 Customer Elation).
M/S/P: Block, Christensen to approve the March financials as presented; passed unanimously.
V. Director's Report
A. BR & E Visits: Visits were made to NuCrane Mfg., Pride Solutions, RD Machine.
B. Marketing Plan Report; Director presented marketing metrics from social media efforts.
C. JumpStart Manufacturing Update: Sponsors include: Vivid Image, MN CORE, Hutchinson
Chamber of Commerce, SBDC, SWIF, Crow River Press, and the EDA. 1st Round
proposals are due July 2nd
D. Hutchinson Way -Finding & Signage Plan: Some concepts have been rolled out for
consideration. There will be a public open house in May.
E. ARTPLACE Grant: Our application did not advance to the semi-finalist round.
F. McLeod County Solid Waste & Energy Park: The Board and Staff discussed the effects of
spring winds on the refuse stored outdoors.
G. Ohly Update: Director updated the Board on the most recent information from Ohly.
H. Potential expansion projects: The Board and Staff discussed possible concerns regarding
the availability of leasable mid-sized manufacturing and industrial properties.
I. Ag Land Bids — The winning bid was from Thomas Schlueter for $50/acre and a total of
$2347.50.
VI. Downtown Redevelopment Opportunities — Discussion
• Consider recommendation to proceed with TIF District Modification — tabled until May
• Consider TIF District boundaries recommended by Finance Team —tabled until May
• Board discussed the staff recommendation to fund '/2 the cost of Levee & Trail
Evaluation.
M/S/P: Stearns, Vanderheiden to approve the use of $15,495 of tax increment dollars to fund '/2 the
cost of a Levee & Trail Evaluation in partnership with the Engineering Department; passed
unanimously.
VII. FORMSTACK: Staff presented software that would enable applicants to complete and submit
EDA loan and grant applications online.
VIII. Grant and Loan Applications
Sign & Awning Grant Program
River of Hope — Laura Aase / Hutchinson Properties $ 1,000
16 Washington Ave
MSP: Czmowski, Stearns to approve the application contingent on its meeting program
guidelines; passed unanimously.
IX. Other Business: None.
X. Set Next Meeting — 11:30 AM Wednesday, May 27th, 2015.
XI. Adjourn - With no further business to attend to, the meeting was adjourned at 1:12 PM.
Respectfully Submitted,
Jeffrey Page
EDA Program Assistant
MINUTES
Parks, Recreation & Community Education Advisory Board
April 6, 2015
Members present were Jim Waldron, Elizabeth Hanninen-Scharn, Marsha Anderson, Marlys Hoeft,
John Rodeberg, Don DeMeyer and Tim Peterson. Also present were Dolf Moon and Karen McKay.
The meeting was called to order at 5:15 pm.
A motion was made by Don DeMeyer and seconded by Jim Waldron to approve the minutes dated
March 2, 2015. The board unanimously agreed.
OLD BUSINESS
Facilities Improvement Update/School Board: The school board met to discuss facility and field
needs for tennis, baseball, softball, soccer and lacrosse. Soccer and Lacrosse are growing in
participation with limited availability of fields for practice and games. They will be prioritizing
these projects.
Luce Line Trail Update: Bid Alternate #3 was chosen and includes 23 miles of paved trail. This is
the DNR's largest project this year. The city council appropriated funding to resurface the 2.2 miles
of trail that is in city limits. This includes the straight portion of the trail on the north edge of West
River Park.
Heart of Hutch Project Update: Heart of Hutch is working with the Rotary Club to have a five unit
fitness trail installed in Rotary Park. Heart of Hutch is donating $20,000, the Rotary Club is
donating $5,000, and the City is covering the rest of the $32,000 - $33,000 of the project. Concrete
pads will be poured mid-May.
NEW BUSINESS
2015 PRCE Projects:
• Installation of six bicycle racks throughout the city;
• Backstop replacements at Roberts Park;
• Roof replacement on Event Center vestibule;
• Ice rink board replacements at Northwoods Park;
• Backstop replacement at VMF Field;
• Consideration of scoreboard repair or replacement at VMF Field;
• Resurfacing of Park Garage parking lot.
The total for these projects is estimated at $300,000.
Arena Update: The Facilities Committee has recommended replacing the east rink roof and
dehumidification system in 2016. The City will consider hiring Stevens Engineering to do the
design work. The rubber flooring is scheduled to be replaced in 2015.
Pool Update: The city administrator met with the city council to discuss community needs and
funding. The city council agreed that a decision needs to be made regarding the pool. Funding and
financial alternatives for replacing the pool will be investigated by city staff. Extension of the half -
cent sales tax will not be an option for this project as it would probably not receive legislative
support.
PRCE Advisory Board
April 6, 2015
Page two
May Meeting: There will be no meeting in May. Board members are being asked to volunteer with
the annual summer program mass registration on Monday, May 4 at the Recreation Center.
Board Member Items
• Jim Waldron had heard that the Elks were interested in installing a handicapped
accessible play structure in Elks Park. Dolf Moon stated that he had been
approached recently by this organization with this idea. He put them in touch with
Sara Witte, Parks Supervisor. The structure would be geared toward 2-5 year olds
with disabilities such as autism.
Marlys Hoeft reserved the Riverside shelter last summer for a family reunion. At the
time of the reservation, there was a volleyball court in the park but at the time of the
reunion, it had been removed. She wondered if the court was going to be replaced.
Dolf Moon stated that because of lack of use, this court was removed with no plans
for replacement.
ADJOURNMENT
The meeting was adjourned at 6:30 pm on a motion by Tim Peterson and seconded by John
Rodeberg.