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cp08-27-85 cHUTCHINSON
CITY
CALENDAR
WEEK OF
August 25 TO August 31
1985
WEDNESDAY
-2.8-
,10:00 - 11:30 A.M. - Director
Meeting at City Hall
I
SUNDAY MONDAY TUESDAY
-25- -26- -27-
THURSDAY
-29-
�NI i �1yr > ^�nj rr
I1�III
` r 4�` n YYWWYYwWWJJ. —
10 , - —
G
r
i
i
i
Noon - Safety Council Meeting
at Fire Station
1:00 P.M. - Utilities Commissioit
Meeting at Utilities
5:30 P.M. - City Council Budget 5:30 P.M. - City Council Budget
Review at City Hall Review at City Hall
7:30 P.M. - City Council Meetin
at City Hall
FRIDAY
-30-
mmm , 9
h n•
SATURDAY
-31
AGENDA
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 27, 1985
1. Call to Order - 7:30 P.M.
2. Invocation - Reverend Gary Galchutt
3. Consideration of Minutes - Regular Meeting of August 13, 1985; Bid
Opening of August 12, 1985
Action - Approve as distributed - Approve as amended
4. Routine Items
(a) Reports of Officers, Boards and Commissions
1. Financial Report - July 1985
2.
3.
4.
-10 5.
6.
Ac
Planning Commission Minutes dated July 16, 1985
Nursing Home Board Minutes dated July 25, 1985
Parks & Recreation Board Minutes dated July 10, 1985
Tree Board Minutes dated July 2, 1985
Hospital Board Minutes dated July 16, 1985
tion - Order minutes to be filed
(b) Consideration of Application for Permit to Hold Public Dance:
1. McLeod County Historical Society
2. T. L. Scalawags
Action - Motion to reject - Motion to approve and issue permits
5. Public Hearing - 8 :00 P.M.
(a) Improvement Project No. 86 -02
Action - Motion to close hearing - Motion to reject - Motion to approve
project and order preparation of plans and specifications - Motion to
waive reading and adopt Resolution
(b) "On Sale" Intoxicating Liquor License for Kevin Lamson At T.L.
Scalawags And Hutch Bowl
Action - Motion to close hearing - Motion to reject - Motion to
approveand issue liquor license - Motion to continue hearing
1
CITY COUNCIL AGENDA - AUGUST 27, 1985
6. Communications, Requests and Petitions
(a) Consideration of Status Reports By City Attorney:
1.- glockmann Property
2. Gutormson Property
Action -
(b) Consideration of Request to Use Library Square for Annual Arts And
Crafts Festival September 20 -21, 1985
Action - Motion to reject - Motion to approve request
(c) Consideration of Request for Director of Engineering to Attend Midwest
Engineers Conference And Exposition October 9 -10, 1985
Action - Motion to reject - Motion to approve request
7« Resolutions and Ordinances
(a) Resolution No. 8099 - Transferring $142,273 from 1985 Special
Assessment Bond Fund To General Fund for Engineering And
Administration Fees
Action - Motion to reject - Motion to waive reading and adopt
(b) Ordinance No. 13185 - An Ordinance Extending The Corporate Limits Of
The City of Hutchinson To Include Certain Unincorporated Property Owned
By And Abutting Upon The Limits Of The City
Action - Motion to reject - Motion to waive first reading and set
second reading September 10, 1985
ic);'.Rebolution No. 8101 - Resolution for Purchase
Action - Motion to reject - Motion to waive reading and adopt
(d) Resolution No. 8103 - Resolution for Police Officer
Action - Motion to reject - Motion to waive reading and adopt
8. Unfinished Business
(a) Consideration Of Report By City Engineer Concerning County Ditch 18
(DEFERRED AUGUST 13, 1985)
Action - Motion to reject - Motion to approve report - Motion to waive
reading and adopt Resolution No. 8098
2
6
CITY COUNCIL AGENDA - AUGUST 27, 1985
(b) Discussion Of City Charter And Appointment of Charter Commission
Action -
(c) Report By Korngiebel Architects On Fire Station Furnace Warranty
Action -
(d) Consideration of Reaffirming GVW Truck Bid Awarded to Plowman's
Action - Motion to reject - Motion to reaffirm awarding of bid
9. New Business
(a) Consideration Of Delinquent Water And Sewer Accounts
Action - Motion to authorize extension of payment period - Motion to
authorize discontinuation of servide
(b) Consideration Of Engineer's Report On Improvement For Additional 1986,;
Projects - Project No. 86 -03
It Action - Motion to reject - Motion to approve engineer's report and set
public hearing September 249 1985 at 8 :00 P.M. - Motion to waive
reading and adopt Resolution No. 8100
Voj.-
(c) Consideration Of Establishing Public Hearing Date To Amend Development
District Program And Tax Increment Financing Plan For Revolving Loan
Fund
Action - Motion to reject - Motion to approve and set public hearing
September 10, 1985 at 8 :00 P.M. - Motion to waive reading and -adopt
Resolution No. 8102
(d) Consideration Of Federal Revenue Sharing Audit By Charles Bailly &.Co.,
Action - Motion to reject - Motion to approve audit
(e) Consideration Of Party Wall Agreement Between City Of Hutchinson, And
Hutchinson Technology Incorporated
p
Action - Motion to reject - Motion to approve and enter into agreement
(f) Consideration of Final Plat And Subdivision Agreement for Hassan
Heights (within Two Mile Radius) with favorable recommendation of
Planning Commission
• Action - Motion to reject - Motion to approve plat and authorize
signing agreement
3
CITY COUNCIL AGENA - AUGUST 27, 1985
2
(g) Consideration of Vacation of Easement as Petitioned By Pat Spaude with
favorable recommendation of Planning Commission
Action Motion to reject - Motion to approve easement vacation -
Motion to waive first reading of ordinance and set second reading
September 10, 1985
(h) Consideration of Vacation of Street as Petitioned by Pure Culture
Products with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve street vacation - Motion
to waive first reading of ordinance and set second reading September
10, 1985
(i) Consideration of Variance Request Submitted by Gail Plaisance with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve variance - Motion to
waive reading and adopt Resolution
(j) Consideration of Preliminary and Final Plat of Shady Haven Proposed by
Richard and Linda Martin with favorable recommendation of Planning •
Commission with contingencies
Action - Motion to reject - Motion to approve plat - Motion to waive
reading and adopt Resolution
(k) Consideration of Variance Request Submitted by Sumiko Nelson with
favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve variance - Motion to
waive reading and adopt Resolution
(1) Consideration of George Herbert Sketch Plan (within Two Mile Radius)
with favorable recommendation of Planning Commission
Action - Motion to reject - Motion to approve to County
(m) Consideration of Conditional Use Permit for Retail Sales In B-1 Highway
District (within Two Mile Radius) with No Objection from Planning
Commission
Action - Motion to reject - Motion to approve to County
10. Miscellaneous
(a) Communications from City Administrator
•
4
CITY COUNCIL AGENDA - AUGUST 279 1985
11. Claims, Appropriations and Contract Payments
(a) Verified Claims -
Action - Motion to approve and authorize payment from appropriate
funds
12. Adjournment
L�
0
5
MINUTES
BID OPENING
MONDAY, AUGUST 12, 1985
The bid opening was called to order at 2:00 P.M. Present were: City Adminis-
trator Gary D. Plotz, Parks S Recreation Director Bruce Ericson and Adminis-
trative Secretary Marilyn Swanson.
The reading of Publication No. 3443, Advertisement for Bids, City of Hutchin-
son, Surfacing of Roberts Park Parking Lot, was dispensed with. The following
bids were opened and read:
Atkinson Blacktop, Inc.
Litchfield, MN $239680.00
Wm. Mueller & Sons, Inc.
Hamburg, MN 349320.00
Addendum: Oil content of bituminous mixture to be 6 - 6-1/2 percent.
The bids were referred to the Parks and Recreation Department for review and
a recommendation.
There being no further business, the meeting adjourned at 2:05 P.M.
0
MINUTES
REGULAR MEETING - HUTCHINSON CITY COUNCIL
TUESDAY, AUGUST 139 1985
1. The meeting was called to order by Mayor Stearns at 7:30 P.M. The follow-
ing were present: Alderman Mike Carls, Alderman John Mlinar, Alderman Mar-
lin Torgerson, Alderman Pat Mikulecky, and Mayor Robert H. Stearns. Also
present: City Administrator Gary D. Plotz, Director of Engineering Marlow
V. Priebe, and City Attorney James Schaefer.
2. INVOCATION
The invocation was given by the Reverend Gary Galchutt.
3. MINUTES
The minutes of the regular meeting of July 23, 1985, bid opening of August
2, 1985, and special meeting of August 6, 1985 were approved as distributed.
4. ROUTINE ITEMS
(a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS
1. BUILDING OFFICIAL'S REPORT - JULY 1985
ie 2. LIBRARY BOARD MINUTES DATED JULY 30, 1985
3. NURSING HOME BOARD MINUTES DATED JUNE 27, 1985
Mayor Stearns ordered the minutes to be filed.
(b) CONSIDERATION OF APPLICATION FOR CIGARETTE LICENSE:
1. MIRIAM CHAPTER #27 - EASTERN STAR AT MCLEOD COUNTY FAIR
2. ERICKSON'S OIL PRODUCTS
The motion was made by Alderman Carls, seconded by Alderman Mlinar, to
approve the applications and issue licenses. Motion unanimously car-
ried.
(e) CONSIDERATION OF APPLICATION FOR RETAIL "OFF SALE" NON - INTOXICATING
MALT LIQUORS LICENSE FOR ERICKSON'S OIL PRODUCTS
Alderman Mikulecky moved to approve the application and issue
license. The motion was seconded by Alderman Mlinar and carried
unanimously.
(d) CONSIDERATION OF APPLICATION FOR "ON SALE" NON- INTOXICATING MALT
LIQUORS LICENSE FOR MCLEOD COUNTY AGRICULTURAL ASSOCIATION
• It was moved by Alderman Mlinar, seconded by Alderman Torgerson, to
approve the application and issue license. Motion unanimously carried.
1
CITY COUNCIL MINUTES - AUGUST 13, 1985
(e) CONSIDERATION OF APPOINTMENT:
16
1. HRA - DON KRASEN (5 -YEAR TERM)
2. PARKS & RECREATION BOARD - BETSY CONNELLY (UNEXPIRED 1 -YEAR TERM)
- G. BARRY ANDERSON (3 -YEAR TERM)
- ROY JOHNSEN (3 -YEAR TERM)
Alderman Torgerson moved to ratify the appointments. Motion seconded
by Alderman Carls and carried unanimously.
5. PUBLIC HEARING - 8 :00 P.M.
(a) "ON SALE" INTOXICATING LIQUOR LICENSE FOR DURWOOD L. AIRHART AT
D.J. MAC'S, INC.
Following discussion, the motion was made by Alderman Mlinar to close
the hearing at 8 :02 P.M. Alderman Mikulecky seconded the motion, and
it unanimously carried.
Alderman Mlinar moved to approve and issue a liquor license to Durwood
Airhart. The motion was seconded by Alderman Torgerson and carried
unanimously.
6. COMMUNICATIONS, REQUESTS AND PETITIONS
(a) CONSIDERATION OF STATUS REPORTS BY CITY ATTORNEY:
1. KLOCKMANN PROPERTY
City Attorney Schaefer reported a complaint had been signed against
the Klockmann property and a court appearance will be scheduled.
2. GUTORMSON PROPERTY
It was suggested by the City Attorney that the City obtain several bids
to remove the building from private property and certify the cost to
taxes.
Alderman Mlinar moved to request three quotes be obtained by the City
Attorney or City Administrator for removal of the building. Motion
seconded by Alderman Mikulecky and unanimously carried.
(b) CONSIDERATION OF REQUEST FOR SERGEANTS KIRCHOFF AND GREGOR TO ATTEND
CRIMINAL JUSTICE SEMINAR AUGUST 26 -289 1985
The motion was made by Alderman Mlinar, seconded by Alderman Torger-
son, to approve the request. Motion carried unanimously.
(c) CONSIDERATION OF REQUEST TO RESTORE DRAIN SERVICE TO MAPLEWOOD
ACADEMY
2
0
CITY COUNCIL MINUTES - AUGUST 13, 1985
City Engineer Priebe reported he had discussed the issue with the par-
ties involved. After discussion, Alderman Carls moved to refer the
request to the City Engineer for investigation and a report on the
causes. Motion seconded by Alderman Mlinar and unanimously carried.
(d) CONSIDERATION OF REQUEST FOR FINANCE DIRECTOR TO ATTEND CASH
MANAGEMENT COURSE SEPTEMBER 4 -5, 1985
Alderman Mikuleeky moved to approve the request. Motion seconded by
Alderman Torgerson and carried unanimously.
(e) COMMUNICATION FROM ALDERMAN PAT MIKULECKY CONCERNING CITY CHARTER
Alderman Mikulecky referred to his memorandum concerning the City
Charter. No action taken.
7. RESOLUTIONS AND ORDINANCES
(a) ORDINANCE NO. 12/85 - ORDINANCE AMENDING SECTION 1010 OF THE ORDINANCES
OF THE CITY OF HUTCHINSON ENTITLED "ANIMALS AND BIRDS RUNNING AT LARGE"
It was moved by Alderman Carls, seconded by Alderman Mlinar, to waive
the second reading and adopt Ordinance No. 720. Motion carried unan-
imously.
(b) RESOLUTION N0. 8087 - RESOLUTION FOR PURCHASE
It was moved by Alderman Torgerson, seconded by Alderman Mlinar, to
waive reading and adopt Resolution No. 8087. Motion unanimously car-
ried.
(c) RESOLUTION N0. 8088 - RESOLUTION ACCEPTING PLEDGED SECURITY FROM
FIRST STATE FEDERAL SAVINGS & LOAN ASSOCIATION OF HUTCHINSON,
MINNESOTA
The motion was made by Alderman Torgerson to waive reading and adopt
Resolution No. 8088. Alderman Mlinar seconded the motion, and it car-
ried unanimously.
(d) RESOLUTION NO. 8098 - RESOLUTION OF THE MCLEOD COUNTY BOARD AND THE
HUTCHINSON CITY COUNCIL CONCERNING COUNTY DITCH 18
Following discussion, Alderman Torgerson moved to table action until
the August 27 Council meeting. Motion seconded by Alderman Carls and >
unanimously carried.
8. UNFINISHED BUSINESS
(a) REPORT BY KORNGIEBEL ARCHITECTS ON FIRE STATION HEATING SYSTEM
(DEFERRED JULY 23, 1985)
3
CITY COUNCIL MINUTES - AUGUST 139 1985
Architect Korngiebel reported a back draft damper was incorrectly in-
stalled and was causing the problem with the heating system in the fire
station. RCM claimed the error was noticed in 1983, but it was not
corrected at that time. The RCM firm will rewire the system within the
next month, but they did not assume responsibility for the damage to
the furnace. The warranty on the furnace is being investigated.
(b) CONSIDERATION OF AWARDING BID FOR GVW TRUCK (DEFERRED AUGUST 2, 1985)
After lengthy discussion on the specifications and awarding of bid for
the GVW truck, it was moved by Alderman Carls to approve and award bid
upon the recommendation of City staff for the Ford truck from Plowman's
for the amount of $39,724.80. The motion failed for lack of a second.
Following further discussion, the motion was made by Alderman Mlinar to
approve the Plowman bid of $39x724.80 on a Ford truck. Alderman Miku-
lecky seconded the motion, and it unanimously carried.
Maintenance Operations Director Neumann requested authorization to sell
a 1968 Chevy dump truck at the school district auction on August 14 for
a minimum bid of $300 -500. It was the consensus of the Council to ap-
prove the sale of the truck.
(c) CONSIDERATION OF SIDEWALK REPLACEMENT ON EAST AND WEST PISB'NEY LANE
City Engineer Priebe reported the original sidewalk in this area was
installed by the developer, and it was located on private property due
to the narrow street right -of -way. Four alternatives for sidewalk
replacement were presented to the residents present at the meeting.
After discussion, Alderman Torgerson moved to accept alternative No. 2
for sidewalk replacement in Meadow Park Addition. The motion was sec-
onded by Alderman Mlinar and carried unanimously.
(d) CONSIDERATION OF ACCEPTING BID AND AWARDING CONTRACT FOR LETTING
N0. 8, PROJECT N0. 85 -01 -33 AND N0. 85 -01 -35
The motion Was made by Alderman Carls, seconded by Alderman Torgerson,
t to approve awarding the contract to Juul Contracting in the amount of
$25,428.45 and to waive reading and adopt Resolution No. 8091. Motion
unanimously carried.
(e) CONSIDERATION OF AWARDING BID FOR SURFACING OF ROBERTS PARK
(DEFERRED AUGUST 129 1985)
It was moved by Alderman Carls to approve awarding the contract to
Atkinson Blacktop for $23,680. Motion seconded by Alderman Mlinar and
carried unanimously.
9. NEW BUSINESS
4
4
U
•
CITY COUNCIL MINUTES - AUGUST 139 1985
(a) CONSIDERATION OF SPLITTING EMPLOYEE BENEFITS FOR SEPTEMBER DAVIDSON
AS REQUESTED BY BRA
REA Chairman Paul Ackland requested the City to consider a 50/50 split
of employee benefits for September Davidson who would be employed 20
hours by the Senior Center and 20 hours by BRA. Following extensive
discussion, it was moved by Alderman Mlinar to approve the recommen-
dation of HRA for employment of September Davidson until January 1,
1986 and reevaluate the situation at that time. Alderman Torgerson
seconded the motion. The motion failed three to two with Aldermen
Carls, Torgerson and Mikulecky voting nay and Alderman Mlinar and Mayor
Stearns voting aye.
(b) CONSIDERATION OF SURFACING BALANCE OF BRETZKE PARKING 'LOT TO REAR OF
45 LIBRARY SQUARE
City Engineer Priebe reported on the project and recommended complet-
ing the surfacing. It was moved by Alderman Mlinar to approve the sur-
facing. Motion seconded by Alderman Torgerson and unanimously carried.
(c) DISCUSSION OF SWIMMING POOL /GYMNASIUM /CIVIC ARENA PARKING LOT SURFACING
AS PART OF 1986 IMPROVEMENT PROJECTS
City Engineer Priebe ,stated this project was included with the 429
projects for 1986 under item 9-e. on the agenda.
(d) CONSIDERATION OF FIVE YEAR STATE AID PROGRAM
Following a report on the program by Engineer Priebe, it was moved by
Alderman Carls to approve the program and waive reading and adopt Res-
olution No. 8089. Alderman Mlinar seconded the motion, and it carried
unanimously.
(e) CONSIDERATION OF ORDERING PREPARATION OF ENGINEER'S REPORT ON
IMPROVEMENT FOR ADDITIONAL 1986 PROJECTS
After discussion, Alderman Torgerson moved to approve ordering an en-
gineer's report and to waive reading and adopt Resolution No. 8090.
The motion was seconded by Alderman Mikulecky and unanimously carried.
(f) CONSIDERATION OF DEFERRED ASSESSMENT REARING FOR PROJECT N0. 83- 01 -04,
LETTING NO. 1 (WALLER'S SECOND ADDITION)
Following discussion, the motion was made by Alderman Mikulecky, sec-
onded by Alderman Torgerson, to approve assessment roll No. 206, to set
a public hearing for September 10, 1985 at 8 :00 P.M., and to waive
reading and adopt Resolutions No. 8096 and No. 8097. Motion carried
unanimously.
(g) CONSIDERATION OF DEFERRED ASSESSMENT HEARING FOR PROJECT NO. 14 -2 ?
(ORCHARD PARK FIRST ADDITION - 1964)
5
CITY COUNCIL MINUTES - AUGUST 13, 1985
After discussion, it was moved by Alderman Torgerson, seconded by Ald-
erman Mlinar, to approve assessment roll No. 24A, to set a public
hearing for September 10, 1985 at 8 :00 P.M., and to Waive reading and
adopt Resolutions No. 8094 and No. 8095. Motion unanimously carried.
(h) CONSIDERATION OF ASSESSMENT REARING FOR 1984 PROJECT - CARLISLE STREET
Following discussion, Alderman Carls moved to approve assessment roll
No. 207, to set a public hearing for September 10, 1985 at 8 :00 P.M.,
and to waive reading and adopt Resolutions No. 8092 and No. 8093. Mo-
tion seconded by Alderman Torgerson and carried unanimously.
(i) CONSIDERATION OF CHANGE ORDER NO. 2 FOR RECREATIONAL FACILITY FROM
KORNGIEBEL ARCHITECTS
Architect John Korngiebel presented Change Order No. 2 for the recrea-
tional facility. It was moved by Alderman Mlinar, seconded by Alder-
man Torgerson, to approve Change Order No. 2 for the recreational fa-
cility. Motion unanimously carried.
(j) DISCUSSION OF CITY CHARTER AND APPOINTMENT OF CHARTER COMMISSION
After discussion, the motion was made by Alderman Torgerson to instruct
the City Attorney to prepare a Resolution asking the Judge of District •
Court to appoint a Charter Commission. Motion seconded by Alderman
Mliinar and carried four to one, with Alderman Mikulecky voting nay.
(k) DISCUSSION OF CODIFICATION OF CITY ORDINANCE BOOK
Following discussion, Alderman Mlinar moved to table discussion for the
budget preparation meetings. Motion seconded by Alderman Mikuecky and
unanimously carried.
10. MISCELLANEOUS
(a) COMMUNICATIONS FROM CITY ADMINISTRATOR
City Administrator Plotz reported the following items had been sub-
mitted late for the agenda:
1. STREET LIGHT BEQUEST BY ROLLING GREENS TOWNHOUSE ASSOCIATION
After discussion, the motion was made by Alderman Mikulecky, sec-
onded by Alderman Torgerson, to refer the request to the Utilities
Commission. Motion carried unanimously.
2. APPLICATION FOR INTOXICATING LIQUOR LICENSE BY KEVIN LAMSON FOR
T.L. SCALAWAGS AND HUTCH BOWL
Following discussion, Alderman Mlinar moved to set a public hearing
on August 27, 1985 at 8 :00 P.M. Alderman Torgerson seconded the
R
CITY COUNCIL MINUTES - AUGUST 13, 1985
4 motion, and it unanimously carried.
3. REQUEST FOR TRANSIENT MERCHANTS LICENSE ON SEPTEMBER 6-79 1985 BY
DWAYNE KNIGGE
After discussion, it was moved by Alderman Carls, seconded by Ald-
erman Torgerson, to approve and issue the license. Motion carried
unanimously.
4. INDEMNITY AGREEMENT BETWEEN CITY OF HUTCHINSON AND CHRIS KADELBACH
City Administrator Plotz explained the purpose of the agreement.
The motion was made by Alderman Torgerson, seconded by Alderman
Mlinar, to accept and enter into the agreement. Motion unanimously
carried.
5. APPLICATION FOR `ON SALE" NON- D=ICATING MALT LIQUORS LICENSE FOR
JAYCEES
It was moved by Alderman Carls to approve and issue the license.
The motion was seconded by Alderman Mlinar and unanimously carried.
6. SCHEDULING OF SEPTEMBER CITY COUNCIL BORSSHOP
City Administrator Plotz presented suggested topics to be covered
at the September Council workshop. It was the consensus of the
Council to establish the date of September 11, 1985 at 7:00 P -M.,
Fire Hall conference room, for the workshop.
(b) COMMUNICATIONS FROM ALDERMAN MIKE CARLS
Alderman Carls inquired when the street overlay project would be com-
pleted.
(c) COMMUNICATIONS FROM ALDERMAN PAT MIKULECKY
Alderman Mikulecky asked about the completion date for the Wigen and
Plowman parking lots.
(d) COMMUNICATIONS FROM ALDERMAN MARLIN TORGERSON
Alderman Torgerson questioned when the street behind the library would
be surfaced.
(e) COMMUNICATIONS FROM PERSONNEL COORDINATOR HAZEL SITZ
Coordinator Sitz inquired if the City wished to offer free bus service
to the McLeod County Fair as in the past. After discussion, it was
moved by Alderman Mikulecky to approve free transportation to and from
the Fair at specified times. Motion seconded by Alderman Mlinar and
carried unanimously.
7
CITY COUNCIL MINUTES - AUGUST 13, 1985
(f) COMMUNICATIONS FROM MAYOR ROBERT H. STEARNS
Mayor Stearns asked about the status of the Dennis Albertson annexa-
tion.
11. CLAIMS, APPROPRIATIONS AND CONTRACT PAYMENTS
(a) VERIFIED CLAIMS
The motion was made by Alderman Mlinar, seconded by Alderman Carls, to
approve the claims and authorize payment from the approprite funds.
The motion carried, with Alderman Mikulecky voting nay on John Bern -
hagen's payment.
12. ADJOURNMENT
There being no further business, the meeting adjourned at 10:40 P.M.
0
3
C
'� - et, 611-4
jJULY
CITY OF HUTCHINSON FINANCIAL REPORT - 19B5
JULY
iREVENUE REPORT - GENERAL FUND
JULY"
YEAR TO
ADOPTED
BALANCE
PERCENTAGE
ACTUAL
DATE ACTUAL
BUDGET
REMAINING
USED
(TAXES
1137.83
507462.24
1233985.00
726522.76
0.41
LICENSES
86.00
9381.00
17000.00
7619.00
0.55
PERMITS AND FEES
6831.63
46218.74
45700.00
- 518.74
1.01
INTER- GOVERNMENT REVENUE
202521.25
222659.61
9033321.00
660661.39
0.25
CHARGES FOR SERVICES
27454.29
186896.94
374345.00
187448.06
0.50
FINES & FORFEITS
1770.00
16259.56
23000.00
6740.44
0.71
MISCELLANEOUS REVENUE
10507.67
102528.76
182384.00
79655.24
0.56
CONTRIBUTIONS FROM OTHER FUNDS
0.00
150000.00
479000.00
329000.00
0.31
REVENUE FOR OTHER AGENCIES
386.72
508.83
300.00
- 208.83
1.70
TOTAL
250695.39
1241915.68
3259035.00
2017119.32
0.38
EXPENSE REPORT
GENERAL FUND
MAYOR & COUNCIL
-- 1617.32
19966.84
27960.00
7993.16
0.71
CITY ADM. /CITY CLERK
8206.72
71521.41
124809.00
53287.59
0.57
ELECTIONS
0.00
0.00
9346.00
9346.00
0.00
FINANCE
21616.13
117464.75
188659.00
71194.25
0.62
.
MOTOR VEHICLE
ASSESSING
4947.10
0.00
37248.57
0.00
66276.00
19672.00
29027.43
19672.00
0.56
0.00
LEGAL
4148.67
21543.72
41618.00
20074.28
0.52
PLANNING
0.00
2860.12
26475.00
23614.88
0.11
CITY HALL
2472.61
19889.87
41151.00
21261.13
0.48
POLICE DEPARTMENT
68136.66
397131.40
701951.00
304819.60
0.57
FIRE DEPARTMENT
2945.75
36264.50
109936.00
71673.50
0.35
COMMUNITY SERVICE OFFICER
2339.19
17191.23
34228.00
17036.77
0.50
PROTECTIVE INSPECTIONS
4269.86
41219.47
74279.00
33059.53
0.55
CIVIL DEFENSE
18.00
223.40
1175.00
951.60
0.19
SAFETY COUNCIL
0.00
0.00
150.00
150.00
0.00
FIRE MARSHALL
2555.10
21108.18
39576.00
18467.82
0.53
ENGINEERING
11796.21
99820.41
166649.00
68828.59
0.59
STREETS & ALLEYS
27068.54
1733571.21
356499.00
182927.79
0.49
STREET MAINTENANCE A/C
10861.76
41496.23
66825.00
27328.77
0.60
LIBRARY
1381.65
50163.01
62314.00
12150.99
0.81
SENIOR CITIZEN CENTER
6336.95
30805.61
37683.00
6877.39
0.82
;PARK /REC. ADMIN.
9416.48
31992.13
76353.00
44360.87
0.42
RECREATION
15403.57
65979.14
98204.00
32224.86
0.67
CIVIC ARENA
4916.03
63982.54
113192.00
49209.46
0.57
PARK DEPARTMENT
26930.52
183157.42
342028.00
156870.58
0.54
RECREATION BUILDING
0.00
0.00
13728.00
13728.00
0.00
CEMETERY
1305.60
20331.22
41036.00
20704.78
0.50
COMMUNITY DEVELOPMENT
3026.38
15503.09
32550.00
17046.91
0.48
LANCON
1658.31
58310.80
17125.00
- 41185.80
3.41
DEBT SERVICE
0.00
38946.10
45946.00
6999.90
0.85
AIRPORT
6193.03
40602.16
60925.00
20322.84
0.67
TRANSIT
4897.53
40528.73
61625.00
41096.27
0.50
UNALLOCATED
39528.30
"185246.13
135090.00
- 50156.13
1.37
TOTAL
293995.97
1946069.339
3259035.00
1312965.61
0.60
'� - et, 611-4
JULY
CITY OF HUTCHINSON
FINANCIAL
REPORT
- 1985
JULY
ENTERPRISE FUNDS
REVENUE REPORT - LIQUOR FUND
JULY YEAR
TO
ADOPTED
BALANCE
PERCENTAGE
ACTUAL DATE ACTUAL
BUDGET
REMAINING
USED
LIQUOR SALES
30896.77
206562.81
410000.00
2013437.19
0.50
WINE SALES
13060.76
66166.54
125000.00
56831.46
0.55
BEER SALES
71982.42
368121.94
590000.00
221878.06
0.62
BEER DEPOSITS
- 430.07
- 917.54
0.00
917.54
MISC. SALES
3903.03
17378.96
0.00
- 1737B.96
INTEREST
727.20
3034.56
CASH DISCOUNTS
- 404.09
- 1246.34
0.00
1246.34
TOTAL
119736.02
661102.93
1125000.00
463897.07
0.59
D
EXPENSE REPORT
LIQUOR FUND
PERSONEL SERVICES
9420.40
77751.73
132154.00
54402.27
0.59
r..
•
SUPPLIES, REPAIR & MAINTENANCE
289.34
2218.77
4700.00
2481.23
0.47
OTHER SERVICES & CHARGES
1078.94
7724.38
29000.00
21275.62
0.27
MISCELLANEOUS
200.00
527.00
9050.00
8523.00
0.06
CAPITAL OUTLAY
0.00
4058.39
13700.00
9641.61
0.00
DEBT SERVICE
0.00
0.00
5110.00
5110.00
0.00
TRANSFERS
0.00
0.00
110000.00
110000.00
0.00
COST OF SALES
94034.11
513634.59
831050.00
317415.41
0.62
OTHER
0.00
9490.00
9490.00
0.00
�.
TOTAL
105022.79
605914.86
1144254.00
538339.14
0.53
C
REVENUE REPORT - WATER
SEWER /FUND
L
FEDERAL GRANTS
2619.00
5826.00
0.00
- 5626.00
0.00
WATER SALES
36445.75
245616.88
460000.00
214383.12
0.53
WATER METER SALES
505.00
3355.00
5000.00
1645.00
0.67
C.
REFUSE SERVICES
18793.81
148522.11
236000.00
87477.89
0.63
_.
SEWER SERVICES
42784.62
321983.78
615000.00
293016.22
0.52
EPA SALES
27496.84
PENALTY CHARGES
563.42
4259.33
6300.00
2040.67
0.00
INTEREST EARNED
123.25
11949.15
28000.00
16050.85
0.43
REFUNDS & REIMBURSEMENTS
0.00
810.26
2000.00
1169.74
0.00
OTHER
194.22
1376.82
2500.00
1123.18
0.55
TOTAL
129525.91
771196.17
1354800.00
583603.83
0.57
L_
EXPENSE REPORT - WATER
SEWER /FUND
L-
OPERATIONS
21593.25
151350.58
238000.00
86649.42
0.64
WATER
13757.06
361521.74
1068926.00
707406.26
0.34
�.
SEWER
62548.42
602296.54
630142.00
27845.46
0.96
TOTAL
97898.73
1115168.86
1937070.00
821901.14
0.58
Minutes
Hutchinson Planning Commission
Tuesday, July 16, 1985
1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.,
with the following members present: Marlin Torgerson, Don Erickson,
Shu -Mei Hwang, Larry Romo, Thomas Lyke and Chairman Ebent. Members
absent: Elsa Young. Also present: Director of Engineering Marlow
Priebe and City Attorney James H. Schaefer.
2. MINUTES
The minutes of the regular meeting dated Tuesday, June 18, 1985, were
approved as presented on a motion by Mr. Erickson. Seconded by Mr.
Romo, the motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY GLEN AND
ROXANNE SLADEK
Chairman Ebent opened the hearing at 7:30 p.m. with the reading of
publication #3431 as published in the Hutchinson Leader on
Thursday, July 4, 1985. The request is for a con itional use
permit to allow the construction of a 16' by 18' addition to an
existing nonconforming garage on property located at 422 Jefferson
St. South.
Mr. and Mrs. Saldek were present to explain that they needed the
additional space for storage. They had spoken to the neighbors
who had no objection. Mr. Romo noted that he had no objection to
the request, but was concerned about how large the whole structure
would be. Director Priebe responded that it met square footage
requirements.
Mr. Erickson made a motion to close the hearing at 7:35 p.m.
Seconded by Mr. Torgerson, the motion carried unanimously. Mr.
Torgerson made a motion to recommend to City Council approval of
the request as submitted. Seconded by Mr. Romo, the motion
carried unanimously.
(b) CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY GLEN AND ROXANN
SLADEK
Chairman Ebent opened the hearing at 7:35 p.m. with the reading of
publication #3430 as published in the Hutchinson Leader on
Thursday, July 4, 1985. The request is for a variance to allow a
16' by 18' addition to an existing garage located 3'7" from the
sideyard property line on property located at 422 Jefferson St.
• South.
Mr. Romo made a motion to close the hearing at 7:37 p.m. Seconded
by Mr. Erickson, the motion carried unanimously. Mr. Romo made a
PLANNING COMMISSION MINUTES /JULY 16, 1985
motion to recommend to City Council approval of the variance'as
requested. Seconded by Mr. Torgerson, the motion carried
unanimously.
(c) CONSIDERATION OF VARIANCE REQUEST SUBMITTED BY ERICKSON OIL
PRODUCTS, INC.
Chairman Ebent opened the hearing at 7:37 p.m. with the reading of
publication #3432 as published in the Hutchinson Leader on
Thursday, July 4, 1985. The request is for a variance to allow
the construction of an Erickson Station Store 15' from the
sideyard property line on property located at 11 Fourth Ave. N.E.
Mr. David Erickson of Erickson Oil Products, was present to
explain the request. He stated that moving the building closer
to the sideyard line would make the site more useable. It
would allow for better movement of traffic as well as make room
for a wider driveway for the property owner to the rear. (Note:
Erickson's has already applied for a variance to reduce the
rearyard setback, which has been recommended for approval by the
Planning Commission, and which has been tabled by the City Council
until the Ericksons can reach an agreement with the property
owners to the rear of the Erickson station regarding access to
their properties.) Mr. David Erickson went on to explain that as
of July 16, 1985, the agreements had been secured with those
property owners. He would provide documentation of those agree-
ments to the City Council at the July 23 meeting.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mr. Romo, the motion carried unanimously. Mr. Romo
made a motion to recommend approval of the variance as requested,
subject to evidence of conveyance and easement documentation being
provided to the City Council. Seconded by Mr. Torgerson, the
motion carried unanimously.
(d) CONSIDERATION OF CONDITIONAL USE PERMIT AS SUBMITTED BY HUTCH
AGRI -TECH
Chairman Ebent opened the hearing at 7:45 p.m. with the reading of
publication #3433 as published in the Hutchinson Leader on
Thursday, July 4, 1985. The request is for a conditional use
permit to allow the construction of a 48' by 65' and 12' by 60'
addition to their building located at 15 Monroe Street, which is
located in an IC -1 zone. It was noted that a similar request had
been approved previously, but that Hutch Agri -Tech had changed the
plans, so a new conditional use permit was required.
There was no one present regarding the request. Director Priebe
stated his concern that there was no formal response on the request
from the DNR.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Torgerson the motion carried unanimously. Mr. Erickson made a
motion to recommend approval of the conditional use permit as
Pa
It
s
0
PLANNING COMMISSION MINUTESIJULY 16, 1985
requested contingent upon approval by the DNR. Seconded by Dr.
Lyke, the motion carried unanimously.
4. OLD BUSINESS
(a) REVIEW OF SECTIONS 2, 3 AND 4 SUBDIVISION ORDINANCE #466
The Planning Commission reviewed Sections 2, 3 and 4 of
Subdivision Ordinance #466 and discussed various changes as
recommended by Director Priebe. Action will be taken after all
of the ordinance is reviewed. Section 5 will be reviewed at the
August 20 meeting.
5. NEW BUSINESS
(a) CONSIDERATION OF PROPOSED ANNEXATION OF BOLDT, KADELBACH, SATTERLEE
AND SCHIMMEL PROPERTIES
Director Priebe explained that the City had purchased the Boldt
and Kadeibach properties to allow for the construction of the
wastewater treatment plant, and that that property would now have
to be annexed. The City already owns the Satterlee pit area. A
portion of the Schimmel property was landlocked by the sale and
should also be annexed.
Mr. Melvin Kobow and Mr. Leon Nelson of the Hassan Valley Town
Board were present to ask questions about the annexation. They
expressed concern about the annexed area becoming an "industrial
park" and wondered if the City had any specific plans for such.
Director Priebe explained that in their long range planning, it
was the hope of the City to have this area available for
industrial development, but that there were no specific plans at
this time.
After discussion, Mr. Torgerson made a motion to recommend to City
Council approval of the annexation as proposed. Seconded by Mr.
Hwang, the motion carried unanimously.
6. ADJOURNMENT
There being no further business, Mr. Hwang made a motion to adjourn the
meeting. The meeting was adjourned at 8:50 p.m.
C]
BURNS MANOR MUNICIPAL NURSING HOME
Minutes - July - 1985
The Board of Directors for Burns Manor Municipal Nursing Home
met Thursday, July 25, 1985 at Burns Manor, 12:00 noon, President
Leslie Linder presiding.
Members present: Les Linder Gloria Dansereau
Esther Kuehl Keith Duehn
David Jensen Mavis Geier
Members absent: Mike Carls Eldred Miller
Larry Graf
The meeting was called to order by President Leslie Linder.
MINUTES OF PAST MEETING:
A motion was made by Esther Kuehl and seconded by Gloria
Dansereau to approve the minutes, with the correction of Cindy
Thompson's name instead of Robin Erickson under the Home Health
Care topic. All were in favor. Motion carried.
ACCOUNTS PAYABLE:
A motion was made by Keith Duehn and seconded by Esther Kuehl
to approve for payment the attached listing of accounts payable
and cash disbursements in the amount of $34,349.97, plus $77.00 to
Airtex. All were in favor. Motion carried.
FINANCIAL REPORT:
The financial report was given by David Jensen.
OLD BUSINESS:
A. Pay Equity: The first phase of the study was completed
July 19, 1985 and submitted to Health Inquiry Inc. Material pre -
pared by Bonnie Watkins will be discussed at the September meeting
to ascertain that Burns Manor is fulfilling the intent of the law
by submitting the study as a separate entity in the City.
B. Employee Policy: Death & Funeral leave. The present
policy states: up to two (2) days paid time will be granted in the
death of a relative (mother, father, grandmother, grandfather, -
mother -in -law, father -in -law, sister, brother, sister -in -law, and
brother -in -law, the addition of step- mother, step- father and step-
children has been requested. Discussion followed.
• A motion was made by Keith Duehn and seconded by Esther
Kuehl that Death & Funeral leave policy be: Scheduled paid time
will be granted in the event of a death of a relative, as follows;
July Minutes
Page 2
Mother - 2 days Sister -in -law - 1 day
Father - 2 days Brother -in -law - 1 day
Sister - 2 days Step- mother - 1 day
Brother - 2 days Step- father - 1 day
Grandmother - 1 day Step -Child - 1 day
Grandfather - 1 day
All were in favor. Motion carried.
C. Discipline Guide: A motion was made by Keith Duehn and
seconded by Gloria Dansereau to clarify some terminology of the
Discipline Guide per attached sheet. All were in favor. Motion
carried.
D. Equal Rate: The State of Minnesota, Department of Human
Services Instructional Bulletin #85 -65, July 10, 1985 was distributed,
read and discussed. Jim Schaefer, City Attorney will be requested
to suggest procedures to comply with the requirements of the statute.
NEW BUSINESS:
A. Remodeling: Remodeling of Burns Manor was discussed.
Bill Fahey, Bond Consultant, will attend the August meeting.
B. Air Conditioners: A motion was made by Keith Duehn and
seconded by Gloria Dansereau to air condition two rooms in the
Medicare Section. The air conditioned rooms will be for the resident
whose medical condition warrants the need.
C. Life Safety Code: July 18, 1985, David Keepers, State of
Minnesota Fire Inspector and George Field, City of Hutchinson Fire
Marshall inspected Burns Manor. The basement supply room does not
meet minimum requirement accordance with NFPA #13. A window or
sprinkler system in the area would meet the requirements. After
written notification is received the matter will be brought before
the board.
D. Resident Satisfaction Forms: The need for air conditioning
was suggested as an improvement of Burns Manor.
There being no further business, a motion was made by Keith
Duehn to adjourn the meeting.
The Burns Manor Board of Directors will meet Thursday August
22, 1985 at 12:00 noon, in the basement at Burns Manor Municipal
Nursing Home. •
ATTEST:
Leslie B. Linder. President
Re p ctfully./Obmitttil�__'
Ma is y, ecretary
0
DISCIPLINE GUIDE: Revised:
Change from:
1.
Poor job performance; abuse of sick or personal leave to:
1.
Poor job performance: Failure to follow established pattern
and procedure. Failure to execute task and duties.
2.
Insubordination (abuse of supervisor, abusive or threaten-
ing language to:
2.
Abuse of supervisors; abusive or threatening language .
Swearing.
3.
Immoral behavior to:
3.
Abuse of sick or personal leave.
4.
Using liquor, narcotics or nonprescription drugs on
premises to:
4.
Using liquor, narcotics or nonprescription drugs on
premises. Counseling may be suggested.
8.
Dishonesty to:
8.
18.
Dishonesty - to lie, steal or deceive in any way.
Not
suited for the job. (Added to current manual)
19.
Violation of safety rules to:
19.
Violation of safety rules (clogs and opentoed sandals are
not considered safe footwear).
Warning
slips will be given and signed by employee to:
Warning
slips will be given and shall be signed by employee.
Philosophy to MISSION
Also added will be an index.
0
MINUTES
Parks b Recreation Board
Wednesday, July 10, 1985
61ernbers Present: Lyle Block, chairman; Kathy McGraw; Pat Mikuiecky; Roger Haggenmiller;
Roy Johnsen
Members Absent: Ward Haugen
Also present were Bruce Ericson, John McRaith, Mary Haugen, Ray Wurscher 6 Kris Hoikka
Guests: Bruce Rosenow, Lee Cox (Baseball Association); Jerry Binsfeld, Scot Davis,
Neil Wegner 6 other members of the Hutch Wrestling Club.
Minutes
The minutes dated June 12, 1985 were approved by a motion made by Roy Johnsen and
seconded by Kaathy McGraw. The board unanimously agreed.
Hutch Open Concessions
Members of the Hutch Wrestling Club expressed concern over the concession situation
during the Hutch Open. They felt that not all of the customers were being served,
and that the HWC should receive some of the profit from concessions or pay a fee and
receive all of the profits.
Mary said it is the policy that the civic arena runs the concession stand for the
events held there. He also said that they don't have enough equipment to handle any
Whore people than they do now, no matter how many more workers are added.
Since the Hutch Open is the largest tournament of its kind in the area, the HWC feels
they should be making more money with this fund - raiser, or possibly hold it somewhere else.
Kathy McGraw made a motion that the Hutch Wrestling Club be allowed to operate an additional
concession stand in the west end of the arena. This would be on a one -year trial basis
only. Each stand would sell different items, except possibly pop, which must be the
same size and price. Pat Mikulecky seconded the motion and the board unanimously agreed.
Bruce will get in touch with Jerry Binsfeld to work with Marv.
Tartan Park Field Renovation
Bruce distributed a drawing showing the relation of the proposed field to the present
one. The new arrnagement would make the sun less of a problem and provide more room
for parking and seating. The new field could be used by the Travelers, High School,
VFW, and Legion teams. He also handed out a proposal that listed the items that had to
be done to renovate Tartan Park. It included approximate dates, costs, man hours, and
notes.
Bruce asked for a recommendation for a committment including: removing outfield grass,
drain tile, sod infield, sod outfield, fencing and dugouts at a cost of approximately
$15,000. A motion was made by Roger Haggenmiller to recommend to the City Council to
appropriate $2500 for renovation this year, which would include removing outfield grass,
drain tile, sod infield, and sod outfield. It was seconded by Roy Johnsen, and the
board unanimously agreed. Bruce said some funds were already available for infield
work and some could be transferred from the funds for playground equipment. It was
noted that a grant was going to be applied for, and that some of the labor could be done
V
Minutes
Parks 3 Recreation Board
July 109 1985
Page two
by volunteers from the Baseball Association. Lights, grandstand and concessions would
possibly be added at a later date.
Recreation Facility
Construction on block layers is a little behind schedule and digging for the pool will
begin soon. A minor change is that the concession door will swing up and the counter
will be narrower. John said that they have the money for flooring but are 325,000
short for basketball standards and volleyball nets.
Trash Containers and Benches
Junker is taking away the city's dumpsters. Bruce suggested that containers with bags
in them should be boughts which would help with disposal. Eight would be Beaded for
Library Square. Ideas are to buy 22 gallon containers like at Rockite for $94 each
or to make some like at Citizen's Bank. The board is to let Bruce know by Friday. July 12
which style they prefer.
There is about $1500 available for benches. Some money budgeted for picnic tables and
grills could also be used. The consensus was to have eight Victorian style benches in
Library Square.
Mosquito Spraying it
There is the possibility of doing other towns, but make sure that the rate is high I
enough to cover chemicals, labor, and machine wear and tear. No requests have been made yet.
Some outdoor skating rinks aren't used very much. This will be discussed again at the
next meeting.
Mary said that they are doing a lot of maintenance work at the Civic Arena this summer.
John said that the summer programs are going well.
Don Falconer passed away last month. A motion was made by Pat Mikulecky to plant a tree
for him in Memorial Park. It was seconded by Roy Johnsen, and the board agreed. Due
to Don's death, there is a position available on the Parks and Recreation Board. Some
names mentioned were Ralph Johnson, Dave Mooney, and Barry Anderson. Bruce will put
an ad in the paper.
The board received a list of ideas for the 1936 Budget. They will be discussed at a
later date.
The meeting was adjourned by a motion made by Roger Haggenmiller and seconded by Pat
Mikulecky at 7:55 pm. The board unanimously agreed.
0
MINUTES
Tree Board
July 2, 1985
Members Present: Roy Johnsen, Jerry Brown, Ivan Larson and Pat Mikulecky.
Also present were Mark Schnobrich and Karen McKay.
Guest present: Sheldon Danielson representing Source Technology Biologicals,
Incorporated.
The meeting was called to order at 5:00 p.m.
Landscaping Library Square
Mark Schnobrich, City Forester has been asked to do the landscaping in Library
Square. The Parks and Recreation and the Library Boards will be making recom-
mendations. Two branches of the Aid Association for Lutherans will be able to
provide $2,500 and 10 volunteers to help Mark with the project. Mark and Jerry
Brown will be drawing up a master plan for the park.
Source Technology Biologicals, Incorporated
Sheldon Danielson of Source Technology Biologicals, Incorporated was introduced
to the board. They have been in business since 1980 and are a Minnesota based
company near the Twin Cities. Their chemical, Phyton -27 is a treatment used
• after the elm trees have already become diseased. It is less expensive and
easier to apply to trees than Arbotect.
Mark is asking them if they would consider Hutchinson as a demo site and provide
some of the equipment needed in addition to the chemical to treat some of the
elm population.
Mr. Danielson told the board that the materials for a 24" tree is approximately
$30. They did a test site in some midwest army bases, and "almost all the
trees treated are in good condition now ".
A discussion followed the presentation. The board agreed that using the Phyton-
27 would be cheaper than Arbotect. They felt it was worth a try.
Mark.is going to be contacting Mr. Danielson to make the arrangements for inject-
ing some of the elm trees in Hutchinson.
Miscellaneous
Mark has sent out over 70 weed notices to property owners with grass over eight
inches high.
Adjournment
The meeting was adjourned at 6:15 p.m. by a motion made by Ivan Larson and second-
ed by Roy Johnsen. The board unanimously agreed.
0 klm
HUTCHINSON COMMUNITY HOSPITAL
REGULAR BOARD OF DIRECTORS MEETING - July 16, 1985
Large Conference Room - 5:30 PM
Present: Rev. Thor Skeie, President; Rolly Balke, Secretary; Robert Durfee,
Trustee; Dori Johnson, Trustee; Mike Carls, Trustee
Absent: Joan Ewald, Vice President; Dr. William O'Brien, Chief of Staff
(both excused)
The meeting was called to order at 5:45 PM by President Skeie.
Minutes of Past Meetings. The minutes of the joint meeting with the Burns
Manor board and the regular board of directors meeting were presented.
Following discussion:
Motion was made by Balke, seconded by Johnson, to approve
the minutes of the June 18 joint board meeting with Burns
Manor Nursing Home board of directors and the June 18 regular
board of directors meeting as presented. All were in favor.
Motion carried.
• Medical Staff Meeting Minutes. Medical staff meeting minutes were presented.
Question was raised about the backup coverage for Dr. Remucal, citing
confusion regarding a surgical replacement for Dr. Remucal. Graves explained
that a misunderstanding had occurred between the backup surgeon and the
physician on call, and a surgeon from Litchfield was called in his place.
Graves informed the board that the Medical Center will be interviewing a
surgeon on July 19th who approached them about his interest in practicing in
Hutchinson. Graves also discussed his recent conversation with Dr. Michael
Paparella and told the board of his scheduled meeting with Dr. Paparella to
discuss equipment needed in order to resume ENT surgery at the hospital.
The board was also informed that Or. Nissen, a family practitioner from
Alexandria, will be joining the Medical Center soon. Another family
practitioner has expressed an interest in working at Hutchinson for a
period of one year, and that option is presently being explored.
Old Business
A. Capital Financing. The board discussed the requests for bid that recently
were sent to and received back from the four local banks and two firms
in Minneapolis for financing of capital expenditures. Citizens Bank of
Hutchinson came in with the lowest bid of 8.37% on $311,000, and a
quote of 8.5% on $200,000 (should the hospital decide not to purchase
the full $311,000 of equipment). Graves recommended that the board choose
this method of financing and utilize the services of Citizens Bank of
Hutchinson. Following discussion:
. Motion was made by Johnson, seconded by Durfee, to accept the
bid from Citizens Bank & Trust Co. of Hutchinson for capital
financing, with the amount to be financed yet to be determined
by the hospital and Citizens Bank at a later date. All were
in favor. Motion carried.
Regular Board of Directors Meeting - 7/16/85
Page Two
B. PHP. Graves notified the board that the hospital has signed a contract
wTth Physician's Health Plan (PHP) through December 31, 1986, which will give
the hospital reimbursement of billed charges up until that time. He noted
that the Medicare portion of the contract may have to be renegotiated, due
to federal changes in the Medicare program, and he foresaw no problems with
that. There was also mention made of the termination clause in the contract
whereby either party can terminate, and the board understood that PHP
may elect to terminate the contract in order to negotiate reimbursement
of charges from the full reimbursement our hospital will receive down to
a percentage of billed charges, as they usually reimburse hospitals.
New Business
A. PRO Contract. The proposed contract with the Professional Review Organization
PRO in the area was presented and discussed. This contract is required
by the federal government in order for the hospital to receive Medicare
funds. Following discussion:
Motion was made by Balke, seconded by Carls, to approve the
PRO contract as presented. All were in favor. Motion carried.
B. Grant. Graves presented a copy of the letter recently received from the
State of Minnesota regarding approval of the hospital's grant application
for funding of a program for resistant alcoholics. He reviewed the
discussion with the project officer to discuss concerns expressed in the
letter. Buildings suitable for the program are being looked at in both
Hutchinson and Glencoe.
Tom Olson, Program Director for the Mental Health Unit, recently spoke to
the county board of commissioners about our interest in running this program,
and their response was favorable. It is estimated that there are 12 -15
people in the county presently who are in need of this service. The board
will be kept informed of any further progress.
C. St. Paul Malpractice Renewal. The board was informed of the renewal of
the hospital's malpractice insurance contract with St. Paul Fire 8 Marine
at a cost of approximately $36,000. The other bid received for coverage
was for $72,000 and was not accepted.
D. Second Quarter Objective Status Report. Copies of the second quarter
objective status report on institutional objectives were distributed.
Each objective was discussed by the board, and no unusual comments were
made.
E. lanning for Fiscal Year 1986. The hospital will begin planning for fiscal
year 1986 soon, and budget panning will begin in August. It was suggested
that the board meet, either for an entire weekend day or for a few nights
during the week, to discuss future plans. No date was set for this meeting,
and further discussion will take place at the next board meeting.
F. Other
1. Fit City. The board discussed an employee wellness program being considered
on a city -wide level. Bill Nelson, a native of Hutchinson, is currently
involved in corporate wellness programs in Minneapolis and wants to use
Regular Board of Directors Meeting - 7/16/85
Page Three
(F. 1.) Hutchinson as a prototype for a city -wide wellness program he is
f' developing. The hospital had been approached for endorsement, but
concern was expressed regarding the concept, which was termed "Amway- like"
by a representative of Nelson's. There would be a charge of $50 per
person, but the person's employer may be asked to cover this charge
for their employees. The board will be kept informed of further
information received on this program.
2. Greencastle. Johnson distributed copies of a new brochure telling the
public about the Greencastle condominium project proposed to be built on
property east of the hospital grounds.
3. Channel 6 Programming. Copies of a brochure regarding programming of
patient education films were distributed to the group. This brochure
will be given to patients upon admission so that they are aware of
the educational offerings. It was suggested that the ministerial services
be added to the schedule in the brochure so that patients are made aware
of these, as well.
Statistical Report. The report was presented. Admissions were down significantly
rpm the previous month, and percentage of occupancy for the month was 30 %.
Outpatient statistics also have decreased compared to the previous month.
Accounts Payable. Motion was made by Durfee, seconded by Johnson, to approve
for purchase the attached listing of accounts payable and cash disbursements
in the amount of $423,204.64. All were in favor. Motion carried.
Financial Statements. The hospital lost $17,000 during the month of June after
funding price eve depreciation and working capital requirements. Money was
made on operations; however, after subtracting these other allocated items,
a loss was taken. It was noted that the hospital is within $316 of statistics
from the same six -month period last year.
Departmental Reports
A. Director of Mental Health Unit. The report was presented. No unusual
comments were made.
B. Director of Nursing Services. The report was presented. No unusual comments
were made.
C. Education Coordinator. The report was presented. No unusual comments were
made.
D. Dietitian. The report was presented. No unusual comments were made.
Patient Satisfaction Surveys. Surveys received since the last board meeting
were reviewed. No unusual comments were made.
Other
A. DRG Audit.
at the June
. to review o
made in our
program for
properly.
Question was asked regarding the date of the DRG audit discussed
board meeting. The firm is scheduled to come in on September 16
jr diagnoses to determine whether or not any changes should be
system to maximize reimbursement. This should be an educational
the hospital, showing our coders and physicians how to code
Regular Board of Directors Meeting - 7/16/85
Page Four
Adjournment. The meeting was adjourned at 8:05 PM by President Skeie, and
those present proceeded to the OB department to view the remodeling work completed
thus far on the project.
Respectfully submitted,
Laurie Hulkonen Rolly Balke
Recording Secretary Secretary
LH
•
0
t�
CU F40U PERIOD
For Seven Months Ended July 31, 1985
ACTLpA, BUDGEr `7ARIJVCE PAT33W REVENUE
Daily Hospital Service
$1069529 $1509447 $(439918) Medical Nursing Units
329141 219510 (1096313 Mental Health Unit
2790436 2439809 35,621 Ancillary
$4189106 $415,766 $ 2,340
8,867 (17,152) 26,019
$4269973 $3989614 $28,359
15,612 99519 6,093
$442,585 $408,133 $34,452
$2299962 $2259213 $ 49749
4Q,242
39,410
832
356
18,830
109526
517
6,448
69
.09693
99219
19474
48,699
389135
109564
169806
17,600
(794)
59685
79742
(29057)
19575
1,455
120
49875
4,970
(95)
19450
19483
(33)
161,206
199282
(39076)
2,072
11,600
(9,528)
$8659374 $191249362 $(2589988)
2519413 2119835 399578
1,7889002 1,825,694 (37,692)
Gross Patient Revenue
$2,904,789
$3,1619891
$(257,102)
Less: Discounts & Allowances
91,748
(120,063)
1299811
(21078)
68,338
829818
Net Patient Revenue
$29914,537
$3,0419828
$(1279291)
• •.
Total Operating Revenue
Salaries
Employee Benefits
Medical & Other Fees
Raw Fbod
Drugs
Medical & Other Supplies
Utilities
Building & Sluipment Aepairs
Rental Expense
Insurance
Interest
Depreciation
Other Expenses
859025 66,504 189521
$2,999,562 $3,1089332 $(1089770)
$195629895' $196449685 $(81,790)
2775978
2949157
(169179)
1599565
1299812
299753
519117
53,195
(21078)
68,338
829818
(149480)
2919812
284,755
79057
1149810
1239219
(89409)
319203
469671
(15,468)
109652
149250
(39598)
329406
329521
(115)
10,583
109381
202
1209957
1349973
(14,016)
411,431
832680
(42,249)
$4149138 $401,387 $129751 Total Operating EKpense $297739747 $29935,117 $(1619370)
289447 69746 219701 Operating Ltxme 2259815 173,215 529600
Add (Deduct)
Non - Operating . Revenue Ubpanse)
$(20,812) $(20,812) - -- Price -Level Depreciation $(145,684) $(145,684) - --
And Working Capital
$_7,635 $(149066) $219701
J
Excess Revenues over Expenses $809131 $27,531 $52,600
APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE
6 FEE $5.00*
1. Name of Applicant Woodrow Wright
Address
2. Organization
Address
Rt. 2, Hutchinson, MN 55350
McLeod County Historical Society
3. Place to be Held b Time
4. Band Already Booked
5. Name of Band
Civic Arena - 8:00 to 11:30 P.M.
6. Have you run dances in Hutchinson before? _)�e Elsewhere? __21,CL-
7. Date Dance to be Held: Saturday, September 28, 1985
8. I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50:
"OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon
the person to whom such permit is issued to have an officer of the
law present at every public dance to be given or held thereunder dur-
ing all the time the public dance is being held. In the case of a pub-
lic dance to be held or given in a city, village, or borough, such offi-
cer of the law shall be designated by the chief peace officer thereof.
In all other cases such officer of the law shall be designated by the
sheriff of the county. In all cases the fees and expenses of such offi-
cer of:!the law shall be paid in advance by the person to whom the permit
has been issued. In case any person, not a public officer, shall be
designated as such officer of the law, the person to whom the permit has
been issued shall be responsible for his acts and conduct and there shall
be no liability for his acts and conduct on the part of the officer desig-
nating him under the provisions of Section 624.42 to 624.54.
Signature of Applicant
9. Recommendation of Chief of Police
10. Action of City Council
0 11. Fees and Expenses of Officer*y,�
*(Payable in Advance)
APPLICATION FOR PERMIT TO HOLD PUBLIC DANCE
FEE $5.00*
Name of Applicant
. L, SCLAL�,W AE
Address w 1y W y, { (- 1,i-F A 1 n15o f,J
2. Organization
Address
3. Place to be Held & Time 7',<-.
4. Band Already Booked /AJ E
5. Name of Band -7-A,' 6 pV�_ iv
6. Have you run dances in Hutchinson before? r-,5 Elsewhere?
7.
8.
9.
Date Dance to be Held: Ay c, 2 °%
I understand that according to Minnesota Statutes, Ch. 624, Sec. 624.50:
'OFFICER MUST ATTEND ALL PUBLIC DANCES. It shall be incumbent upon
the person to whom such permit is issued to have an officer of the
law present at every public dance to be given or held thereunder dur-
ing all the time the public dance is being held. In the case of a pub-
lic dance to be held or given in a city, village, or borough, such offi-
cer of the law shall be designated by the chief peace officer thereof.
In all other cases such officer of the law shall be designated by the
sheriff of the county. In all cases the fees and expenses of such offi-
cer of:ithe law shall be paid in advance by the person to whom the permit
has been issued. In case any person, not a public officer, shall be
designated as such officer of the law, the person to whom the permit has
been issued shall be responsible for his acts and conduct and there shall
be no liability for his acts and conduct on the part of the officer desig-
nating him under the provisions of Section 624.42 to 624,.5,4.
OAt .uic va a y�r Au a.naa�
Recommendation of Chief of Police A6o aw /`NL�
— — w w1 i
10. Action of City Council
0 11. Fees and Expenses of Officer*
*(Payable in Advance)
4+4X
"41 _60^444 "Aue
6
Published in the Hutchinson Leader on Tueaday, August 6th, 1985, and on
Tuesday, August 13th, 1985.
NOTICE OF HEARING ON IMPROVEMENT
PROJECT NO. 86-02
PUBLICATION NO. 3440
TO WHOM IT MAY CONCERN:
Notice is hereby given that the City Council of Hutchinson, Minnesota,
will meet in the Council Chambers of the City Hall at 8 :00 P.M. on the 2Tth
day of August, 1985, to consider the making of an improvement of:
12" Watermain on T.H. 22 from Oakland Avenue to 1200, South;
McDonald Drive from School Road to 900, West by Grading, Gravel Base,
Surfacing and Appurtenances;
• Bradford Street in Orchard Park 1st Addition, Roberts Road, Sibley Drive
and Tyler Street in 4th Addition to Lakewood Terrace and Campbell Lane in
Clarks 2nd Addition by Gravel Base, Curb and Gutter and Appurtenances;
pursuant to Minnesota Statutes, Sections 429.011 to 429.111. The area
proposed to be assessed for such improvement is the benefited property. The
estimated cost of such improvement is $148,800.00. Such persons as desire to
be heard with reference to the proposed improvement will be heard at this
meeting.
City Cle k
Dated: July 23rd, 1985
PLEASE NOTE: IT IS IMPORTANT THAT YOU ATTEND THIS HRARTNG9 WHETHER YOU ARE
FOR OR AGAINST THE PROJECT, IN ORDER THAT YOUR COUNCIL CAN BE
BETTER INFORMED OF A TRUE REPRESENTATION OF OPINION.
j-_ a
PUBLICATION NO. 3453 .
PUBLISHED IN THE HUTCHINSON LEADER: Thursday, August 15, 1985
NOTICE OF PUBLIC HEARING
TO WHOM IT MAY CONCERN
Notice is hereby given that a public hearing will be held on
August 27, 1985
at the hour of 8:00 P.M. in the Council Chamber
of City Hall for the purpose of :
0 considering the issuance of an "On Sale" Intoxicating Liquor License
to Kevin Lamson, owner of T.L. Scalawags and Hutch Bowl.
This hearing will be held by the City Council
of the City of Hutchinson. At such hearing, all persons interested
may be heard.
August 14, 1985
Dated
�J
City Clerk)
APPLICATION FOR OM -SAIa INTOXICATING LIQUOR LICENSE
This fore was prepared by the City of Hutchinson and the Minnesota
Bureau of Criminal Apprehension, Dapartasnt of Public Safety, pursuant
to Minnesota Statutes, 1976, Section 340.13, for purposes of back-
ground investigation. It does not supercede any laws, rules or
regulations of the Division of Liquor Control regarding the issuance
of liquor licenses. Failure to provide inforasation requested may
result in denial of the application.
1.
NUT-C-0 60("JL GS SPWIT- Sd -
F_ATS
Trade Nase Date of Application
2.
Licensing Period
3. Type of Application: New FI Renewal ® Transfer .
4. �F:IJ I ShpMSor� 7- SO3(3
Name of Applicant Phone
5. I4iCz0 `-7 PLac� MP-Pt�-6R00 Mr�i --
Home Address
6. Citizenship: j'NI.jrJ£SoTA
Place of Birth Date of Birth
B. I j(Ai'C U (a, Conn POLY Nw Y 7 W. W. IF N 1 r SOn1 M N. SS 0
Address of Business Location
9.
Legal Description
10. List owners of building or premise to be licensed: E;-% pd(- I) L R
11. List all partners, officers or directors, if corporation:
Naawe Address Date of Birth
Sk4(,- sons jq]'?o 7-7 +1\ PLAC£ Pik,
g2Pn /J LARSr><J I35 10 T—N AU£ N +i. NuTCA10SQP1 N0.
12. Prior experience in this type of businesss SPO TS J_ DR,NK McrJA6C1Nin)1-
Cn, Pr rJ Y' C 1?fl 5', JT-LY MPNASL Sl_I QuQre ADO FQQQ QPf "I "J Fol-
SCALAv.lA61-S w ��77
13. Present ownership in any other liquor establishment: II(5
14. Present ownership in a;.y other restaurant or food business: UO
3
15. Three Business References: f R (- M t rjYJ 1C-IC `1 k ' T R (fa
LOCI9ER( ru5 '�,Rii.J ISLE NQ
Ii)PM DOC.DF2 PRFSIAinIT SCACAWArS IWC
16. N(.tTc f-1 (3Otni(., SPORJ -1 COMP«k WC.
Corporate or Partnership Title
0
). (JUTcN I)J C.
Corporate or Partnership Address
18. If this is a transfer application give none, address, of persona, partnership or
corporation holding license for the past year.
rv-) 0c) L IJ F (z
19. Who owns the bar /tavern fixtures? T-0 (JO C-0 E2
20. Are you a Minnesota resident? ® Yes F-1 No l( 1 7 O C 6 toP S 5 F r.1'r
Frdm To
If not, where resident? Dates of Residency
21. Residential Address during Past Five (5) Years: f`f ti ZO 7 74-h PLta, L
r1lA1PLf 62OJE VO(\N X536 1
22. Three Personal Referencesn PNTRlcrc McLAUr6ttt J STPPul M)U- 6`JT --,•64
VC��I P MUR2P�/ lz F-F AMP, 6�� -3863
SdSE('1A W.R"F- ACIS P'1PCS MN. 33Z- fO6C
23. Employment for the Past Five Years: 19 72 - 1 19 -A W P2 R £ N) C Q. l PA k) i
6(l ICAUK SO.MPLSYn1N
Jci? —cAtic 19 4 K- L INC. _
24. Any Convictions Other Than Minor Traffics A)n
25. This application must be accompanied by detailed statement of net worth and last year's
tax return and statement of wethod of payment for business, fixtures and inventory.
26. Applicant, and his associates in this application, will strictly comply with all the
Laws of the State of Minnesota governing the taxation and the sale of intoxicating
liquor; rules and regulations promulgated by the Liquor Control Commissionerl and
all ordinances of the aunicipality; and I hereby certify that I have read the fore-
going questions and that the answers to said questions are true of my own knowledge.
I further understand that an investigation fee not to exceed $500.00 shall be charged
an applicant by the city or county if the investigation is conducted withip'thd state,
or the cost not to exceed $10,000.00 if the investigation is required outside t
state. I further understand the ordinances of the City of Hutchi n�re4arding,he
operation of on -sale liquor licensee and agree to abide_" hem,i J
Subscribed and sworn to before me this
I'd day of 19�.
LF2lro / iC �(r n.� J
(Notary Public)
MOALELR. - ORlalUn1aNNsTKagE '
nw► �
My Commission Expires: 11-29-1i
0
go
•
4 POLICE DEPARTMENT MEMORANDUM DATE August 23, 1985
it
•
TO Mayor and City Council
FROM Dean M. O'Borsky, Chief of Police
SUBJECT Liquor License Application
Based on the background investigation conducted by our department I
recommend that the license application of Kevin Lamson be approved. See
attached memo.
RIDS ,- 9
J�- R P
POLICE DEPARTMENT MEMORANDUM DATE 8 -23-85 46
TO Dean O'Borsky,4 201
FROM Dick Waage / #203
SUBJECT Hutch Bowl and Scalawags Spirits Liquor License Investigation
on Kevin Lamson
I have determined there is nothing preventing Kevin Lamson
legally from obtaining a liquor license from the City of Hutchinson.
From the investigation I concluded that Mr. Lamson b Brad Larson,
current manager of the Hutch Bowl are in partnership on the current
license and they plan to operate as a business together. Lamson
has been managing Scalawags Liquor establishment since June 1, 1985.
All criminal checks, FBI 6 BCA were negative. Through investigation
I found he was a prior or partial or corporate owner of the
Court Pub which was part of the Southridge Racket and Fitness
Center located in Greenfield, WI (a suburb of Milwaukee, WI). I
contacted police departments both in Greenfield and Milwaukee and
found only favorable comments for the establishments run in that city.
I also checked with his local police department where the
applicant resides (Maple Grove) and found that he is not suspected to
be involved in any criminal activity as the only record in their files
were calls for service.
Xk 41 Richard Wa / #203:jg
a
0
•
POLICE DEPARTMENT MEMORANDUM
TO Mayor and City Council
FROM Dean M. O'Borsky, Chief of Police
SUBJECT Liquor License Application
DATE August 23, 1985
Based on the background investigation conducted by our department I
recommend that the license application of Kevin Lamson be approved. See
attached memo.
DMO:neb
j- R t
POLICE DEPARTMENT MEMORANDUM
TO Dean O'Borsky/fi2o1
FROM Dick Waage /#203
DATE 8 -23 -85
SUBJECT Hutch Bowl and Scalawags Spirits Liquor License Investigation
on Kevin Lamson
I have determined there is nothing preventing Kevin Lamson
legally from obtaining a liquor license from the City of Hutchinson.
From the investigation I concluded that Mr. Lamson & Brad Larson,
current manager of the Hutch Bowl are in partnership on the current
license and they plan to operate as a business together. Lamson
has been managing Scalawags Liquor establishment since June 1, 1985.
All criminal checks, FBI & BCA were negative. Through investigation
I found he was a prior or partial or corporate owner of the
Court Pub which was part of the Southridge Racket and Fitness
Center located in Greenfield, WI (a suburb of Milwaukee, WI). I
contacted police departments both in Greenfield and Milwaukee and
found only favorable comments for the establishments run in that city.
I also checked with his local police department where the
applicant resides (Maple Grove) and found that he is not suspected to
be involved in any criminal activity as the only record in their files
were calls for service.
Richard Wa 1#203:jg
s
(612) 587 -5151
HU1CH' CJI T Y OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
August 22, 1985
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
-�.t'� � 1' y •' •I } NI 171- 1
I request Penn scion to attend the Midwest Engineers Conference
and Exposition on October 9th and 10th in Minneapolis. The
registration fee is $58.50. This is a budgeted conference.
,0
cc: Ken Merrill
m
Marlow V. Priebe
•
RESOLUTION NO. 8099
TRANSFERRING $142,273 FROM 1985 SPECIAL ASSESSMENT
BOND FUND TO GENERAL FUND
FOR ENGINEERING AND ADMINISTRATION FEES
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
THAT $142,273 is hereby transferred by the 1985 Special Assessment Bond
Fund to the General Fund for project administration fee and engineering fees.
Adopted by the City Council this 27th day of August, 1985.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
7 -Q.
Cij
•
•
ORDINANCE NO. 13/85
PUBLICATION NO.
AN ORDINANCE EXTENDING THE CORPORATE LIMITS
OF THE CITY OF HUTCHINSON TO INCLUDE CERTAIN
UNINCORPORATED PROPERTY OWNED BY AND ABUTTING
UPON THE LIMITS OF THE CITY
WHEREAS, the territory described below is not
presently within the corporate limits of any incorporated
city; and
WHEREAS, this territory abuts upon the corporate
limits of the city at the southern boundary thereof and is
deemed to be urban or suburban in character; and
WHEREAS, this territory is owned in fee by the city;
The city council of the city of Hutchinson ordains:
Section 1. Territory annexed. The corporate limits
of the city of Hutchinson are hereby extended to include the
unplatted property described as follows now owned by the city:
See legal description in Attachment A.
Section 2. Filing. The city clerk is directed to
file certified copies of this ordinance with the Secretary of
State, the County Auditor of the county in which the property
is located, the Town Clerk of the affected township and the
Minnesota Municipal Board.
Section 3. Effective date of annexation. This
ordinance takes effect upon its passage and publication and
the filing of certified copies as directed in Section 2.
Adopted by the city of Hutchinson, Minnesota,
1985.
Gary D. Plotz, Clerk
ATTEST:
Robert H. Stearns, Mayor
n
ATTACHMENT A
Satterlee Pit Area:
Lots 9 and 14 of Auditor's Plat of the South Half of Section 8, Township
116 North, Range 29 West, McLeod County, Minnesota, according to the plat
on file in the office of the Register of Deeds and part of the old Chicago,
Milwaukee, St. Paul and Pacific Railway Company right -of -way lying adjacent
to and adjoining said lots 9 and 14 except the following described tract:
Beginning at the intersection of the Easterly extension of the North
line of said Lot 9 with the Westerly 50 foot right -of -way line of Min-
nesota State Highway No. 22; thence Southeasterly along said right -of-
way line, 1005 feet; thence deflect to the right 94058' a distance of
210.9 feet; thence deflect to the right 84042' a distance of 297.8 feet;
thence deflect to the left 8024' a distance of 292.0 feet; thence de-
flect to the left 81016' a distance of 44.0 feet; thence deflect to the
right 90000' on a line parallel to said highway right - of-way line to a
point in said North line of Lot 9; thence East along said North line to
the point of beginning.
Containing 84.3 acres more or less
AND •
All that part of the Northwest Quarter of the Northeast Quarter of Section
17, Township 116 North, Range 29 West of the 5th P.M., lying North of the
Crow River and more particularly described as follows:
Commencing at a point where the North line of the Northeast Quarter of
said Section 17 crosses the North Bank of the Crow River; thence West
along said line to a point 406 feet West of the point of beginning; thence
Southerly, Easterly and Northerly along the North Bank of Crow River to
the Point of Beginning and containing one acre more or less.
Kadelbach And Boldt Area:
That part of the Northwest Quarter of Section 8, Township 116 North, Range
29 West of the 5th Principal Meridian described as follows:
Beginning at the intersection of the West line of said Northwest Quarter
and the Southwesterly right -of -way line of State Highway No. 22; thence
Southerly, along said West line to a point 100.00 feet Southwesterly of,
as measured at a right angle to, said right -of -way line; thence South-
easterly, parallel with said right -of -way line, to the intersection with
the South line of said Northwest Quarter; thence Easterly, along said
South line, to said right -of -way line; thence Northwesterly, along said
right -of -way line, to the point of beginning.
Fi. ;iE
0
9
11
Description As Per Certificate Of Title
All that part of the Northwest Quarter of Section 8, Township 116 North,
Range 29 West, McLeod County, Minnesota, described as follows:
Beginning at a point on the West line of said Section 8, a distance
of 432.2 feet due North (assumed bearing) of the Southwest corner of
said Northwest Quarter; thence due North, along said West line, a dis-
tance of 1332.65 feet; thence South 54 degrees 52 minutes East a dis-
tance of 2496.25 feet to a point of tangency with a curve, concave to
the Southwest and having a radius of 5579.58 feet; thence Southeasterly,
along said curve, to a point on the South line of said Northwest Quar-
ter; thence South 89 degrees 22 minutes West, along said South line, a
distance of 2035.86 feet; thence North 17 degrees 44 minutes West a dis-
tance of 123.6 feet; thence North 52 degrees 44 minutes West a distance of
262 feet; thence North 44 degrees 39 minutes West a distance of 213 feet
to the point of beginning, containing 51.1 acres more or less.
RESOLUTION NO. 8101
CITY OF HUTCHINSON
RESOLUTION FOR PURCHASE
The Hutchinson City Council authorizes the purchase of the following:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
De -icing Salt $
1430.00
Street Maintenance
Street
Yes
Cargill Salt
The following items were authorized due to an emergency need:
ITEM
COST
PURPOSE
DEPT.
BUDGET
VENDOR
Date Approved: August 27, 1985
Motion made by:
Seconded by:
Resolution submitted for Council action
by:
7�
it
9
(612) 587 -5151
'CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
August 22, 1985
MEMORANDUM
TO: MYOR AND CITY COUNCIL��
FRONT: PERSONNEL COORDngUOR CY
-�� -• • • • • �• • iy is �(•ti -( u• • •) �
PERA requires membership of any part time employee who works
more than 6 months in a calendar year and earns $325 per month.
Under this rule, one of our part time police officers is required
to beoane a PERA member at this time.
PERA law also states that in the case of Polioe/Fire employees,,
a resolution of the city oommcil must accompany this membership.
Resoluticn No. 8103 is attached to fulfill this rapiremant.
(This does not mean we are changing or planning to change the
status of any part time licensed police officer. This officer
and several others have worked a similar schedule in past summers.
We are respmding to a tightening up of PERA administrative
policy. See PERK notice below.)
copy: Dean O'Borsky
Ken Merrill
April 24, lies
PTA= 10M P(8SS MM
Previous administrative policy allowed persona whose earnings
fluctuated from month to month to eresed the $325 salary limits -
tion twice in a calendar year (school year for school employees)
before membership in PM became mandatory.
Effective May 1, 1995. this policy is no lager in effect. Tram
this date, membership will be required the first time salary eawda
$325 in a month for part-time employees. his is in accordance with
the Provisions of M.S., Section 353.01, Buhdivisiou 2b (9).
If you have any questions .regarding this administrative chan9s,
Please contact the PERA office at 612 -296-7060 or our toll -frw
number of 1 -800 -652 -9026.
Please keep this notice for future reference.
Thank you.
RESO=ON NO. 8103
BE IT HFMBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCiINSON
The City Council of the City of Hutchinson, duly assembled in the
meeting of August 27, 1985, does hereby declare that the position now
held by Scott Streachek is that of a part -time police officer as defined
in Minnesota Statutes, Section 353.64, Subdivision 2, pursuant to which
said employee shall beconie a member of the Public EWloyees Retirement
Association Police and Fire Fund.
Adapted this 27th day of August, 1985.
Ibbert H. Stearns
Mayor
ATTEST:
Gary D. Plotz, City Clerk
IP
n
LJ
7-d-'
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
August 22, 1985
M E M O R A N D U M
TO: MAYOR AND CITY COUNCIL
RE: COUNTY DITCH 18
I have been informed that the cost study will be limited
to a maximian cost of $40,000 as per the resolution.
After an engineer is selected the estimated cost will be
available. This is anticipated to be less than $40,000;
however, haw much less is not knoam at this time.
No cost would be incurred by the city in 1985.
hs
4
FO R - �_ lrdl_ ME.
RESOLUTION NO. 8098
RESOLUTION OF THE MCLEOD COUNTY BOARD AND THE HUTCHINSON CITY COUNCIL
CONCERNING COUNTY DITCH 18'
WHEREAS, County Ditch 18 is a County Ditch which flows from lands
situated within the County of McLeod into the City of Hutchinson and;
WHEREAS, said County Ditch 18 is currently unable to meet the
drainage needs of the area it drains and;
WHEREAS, prior to any repair being done, it would be advisable
for the County Board of McLeod County and the City of Hutchinson to
coordinate their efforts to provide for appropriate drainage for the
County Ditch 18 watershed; and pursuant to the petition of the County
of McLeod and;
WHEREAS, Minnesota Statute 106.471, Subd. 4 provides that prior
to making the necessary repairs that the County Board may appoint
an engineer to investigate the feasiblity of repair of County Ditch
18 and expend up to $20,000. 0
THEREFORE, BE IT RESOLVED that the County of McLeod and the City
of Hutchinson agree to contract with an engineer to provide a study
for the needs of County Ditch 18; that the expenses of the study up to
$40,000 shall be shared equally by the City of Hutchinson and by the
County of McLeod; that the engineer shall be appointed by the County of
McLeod in consultation with the City of Hutchinson and the County's
share of costs for the study shall be the cost of repair pursuant to
Minnesota Statute 106.471, Subd. 8.
Adopted by the City Council this 27th day of August, 1985.
Date: Date:
Robert Stearns, Mayor
City of Hutchinson
Lawrence Wendorff, Chairman
McLeod County Board
E
RESOLUTION NO.
A RESOLUTION REQUESTING APPOINTMENT OF MEMBERS
TO THE HUTCHINSON CHARTER COMMISSION
WHEREAS, the City of Hutchinson has in the past
established the Hutchinson Charter Commission, a body
consisting of twelve members, and;
WHEREAS, the terms of all original Hutchinson Charter
Commission members have expired and no successors have been
appointed, and;
WHEREAS, Minnesota Statutes Annotated chapter 410
provides that the District Court in which a municipality lies,
acting through its Chief- Judge shall be responsible for the
appointment of new members to an existing commission, and;
WHEREAS, the city of Hutchinson desires the
appointment of new members to the Hutchinson Charter
Commission for the purpose of examining the existing
Hutchinson City Charter and making recommendations concerning
its provisions,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF HUTCHINSON,
1) That the City of Hutchinson hereby petitions the Judges of
the First Judicial District of the State of Minnesota to
appoint twelve new members to the Hutchinson Charter
Commission.
2) That the city of Hutchinson hereby requests that the
Judges of the First Judicial District of the State of
Minnesota give consideration to the appointment of the
following individuals for the term indicated:
•
MEMBER
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
ADOPTED BY THE CITY COUNCIL THIS
1985.
ATTEST:
Gary D. Plotz, City Clerk
TERM
DAY OF
CITY OF HUTCHINSON
By/
Robert H. Stearns, Mayor
•
a
�V
August 23, 1985 N AUG 1985 N
RECavm w
BY
Mr. John Korngiebel �`s7�1 12f11pb6��
Korngiebel Architects
45 Washington Avenue South
Minneapolis, MN 55350 FOR YOUR
OR
IV HUTCHINSON, MINNESOTA �ATiON
FIRE STATION
Dear Mr. Korngiebel:
Per your recent telephone conversation with Paul Martinsen of RCM,
each agreed to pursue certain tasks in resolving the problems with the
furnaces. You indicated you would check on who wired the furnaces,
who wired the dampers that were not operating correctly and the
circumstances surrounding the installation.
RCM agreed to (1) check on the furnace warranty and (2) address
correction of the damper wiring.
rieke Paul Martinsen obtained the following information from representatives
"uller of Bryant, the furnace manufacturer. Bryant warrants the heat
sociates, inc, exchangers on the furnaces at the Hutchinson Fire Station for ten years.
architects It is our understanding that the warranty is for any failure with the
engineers exception of causes such as obvious physical abuse. The warrant must
land surveyors P P Y Y
he handled through an authorized dealer and does not include the dealer's
labor costs for removing the old heat exchanger and installing the new
heat exchanger. The authorized dealer in the Hutchinson area is
Sharstrom Plumbing and Heating.
When we discussed resolution of the wiring for the damper, I indicated
RCM was willing to come to the site and assist in tracing the wiring and
determine exactly what corrective work is required. Since RCM is not
an electrical contractor, we are not in a position to do any rewiring.
However, we will assist in any way we can to have the wiring changed as
required. Please advise us as to the course of action you propose so we
can coordinate our activities with yours.
Sin ely,
1 AkAj-
Paul F. Kaeding
RIEKE CARROLL MULLER ASSOCIATES, INC.
PFK•s a
cc: VMr. Gary Plotz, City of Hutchinson
I.J
1011 first street south
post office box 130
hookins minnesota 55343
612 -935 -6901
r- C.
(612) 587 -5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: AUGUST 20, 1985
TO: MAYOR AND CITY COUNCIL
------------------------ - - - - --
FROM: RALPH NEUMANN
------------------------------
SUBJECT: 339000 G V W TRUCK BIDS
------------------------ - - - - --
I will briefly recap our bidding procedure to date. July 2, 1985
we had our original bid opening with the following results:
Truck with Truck with Truck with
J -Craft equipment Crysteel equipment MacQueen equipment
' PLOWMANS 33922.00 36955.00 39527.00
WIGENS 34571.00 37643.85 39675.85
Mick Wigen was in attendance at the bid opening. It became apparent
that he was not the low bidder. At this time he complained about the
wording of the bid specifications. Due to the fact that we did not want
to create hard feelings with any dealer and also the very low price we
were offered on the used 1975 Chev. truck trade -in, it was felt the
City should reject all bids. Doug Meier then rewrote the specifications
being more specific on what we expected to be bid. August 2, 1985 we
had our second bid opening with the following results:
Truck with Truck with
Crysteel equipment MacQueen wquipment
PLOWMANS 37392.80 39724.80
WIGENS 37500.00 39500.00
Enclosed with the agenda for the City Council meeting of Aug. 13,
1985 were memos from Doug Meier and myself recommending that we accept
Plowmans bid due to the fact that Wigens were unable to meet our
specifications. Jon Wigen was in attendance. August 14, 1985 a letter
from Bob Plowman was received relative to the radiator /PTO aliignment.
(copy attached). As it now stands, both Plowmans and Wigens can not
meet the specs regarding the radiator /PTO configuration, however, Wigens
can not meet the dual clutch plate requirement. We would like to have
the City Councils support in reaffirming the bid award to Plowmans.
JAKE G. PLOWMAN
President and General Manager
City Council
City Of Hutchinson
37 Washington Ave. W.
Hutchinson, Mn
RRs Publication #3438
Gentlemen.
plowman , nn
s, Jan c.
"THE HOME OF SUDDEN SERVICE"
HUTCHINSON, MINNESOTA 55350
Area 612 Phone 5874748
August 14, 1985
Plymouth
J. SCOTT PLOWMAN
Vice- President
'Special Assignments'
This is a letter, both of Apology and embarassment.
I regret to have to inform you that we cannot comply to the specifications
pertaining to the radiator included in yourproposel. Up until this Morning
August 14, I was led to believe that the P.T.O. shaft would run under the
radiator.. Because when Doug Meyer came out here with the specifications,
I called the Heavy Truck Rngineers Office in MPLS, end spoke to John Thors
while Doug was in the office..At that time I was assured the P.T.O. shaft
would not run through the radiator. This morning when informed that we
had been awarded the Bid, I called in to Inform the Mpls. Office# which
is customary in the case of a public bid. I again spoke withJohn Thors
who suggested he re affirm the radiator being above the P.T.O shaft. In
about 30 minutes he called back and said the P.T.O shaft would Wve to
run through the radiator.
I am embarrassed, and I sincerely apologize for any
Inconvenience we may have caused your office
•
0
Sincerely D,,,,�.,,t
�^'�""'
Bob Plowman
Plowman's Inc •
Hutchinson. Mn
P.S. All other specifications have been met as per bid remarks.
/b
/ (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 20, 1985
TO: — Mayors -d -CJAY_C .QtMCAL----------- - - - - --
FROM: — Doug _Meier ----------------- - - - - --
SUBJECT: — 33.000 GVW truck bjde — — — — — — — — — — — — — — — — — —
This letter is to inform the council that since our last meeting, the 130°
of August 1985, at which time I indicated to the council my preference con-
cerning the purchase of a 33000 GVW vehicle was a Ford F -800 series truck.
I based my vehicle preference on three areas of concern.
One area of concern was the raised radiator to allow for PTO shaft to
pass under the radiator. The following day when placing the order with Plowman's
I was informed by Bob Plowman that the raised radiator option was not available
from Ford Motor Co., in this particular series of truck. I want to point out
that there was no indication on the return bid indicating that Ford Motor
Company could not comply with the raised radiator. Since a raised radiator is
no longer available from any of the bidders this option can no longer be considered.
I feel the dual plate clutch is an option we can't overlook because of the type
of work the vehicle will be required to perform. This type clutch configuration
is offered in GMC and Chevrolet trucks but only in the larger more powerful
models. I feel we are fortunate to have the option available in the size truck
we require.
I recommend the city purchase a Ford truck from Plowman Ford of Hutchinson
with MacQueen suppling the box, hoist, and sander.
Thank You,,
•
r�
c 12I o79'C'.�
OF HUTCHINSON
37 VIASHING TON AVENUE WEST
H' ITCHINSON, i'VINN. 55350
M E M O R A N D U M
DATE: August 27, 1985
TO: Mayor & City Council
— — — — — — — — — — — — — — — — — — — —
FROM: Water Billing Department
— — — — — — — — — — — — — — — — — — — —
SUB.JECT: Delinquent Water Accounts for the month of August
— — — — — — — — — — — — — — — — — — — —
Attached is a listing of the delinauent water accounts for the month
of August. Recommend water service be discontinued on Tuesday, Sept-
ember 3, 1985 at Noon.
glary Aanderude
420 Connecticut
Hutchinson MN
420 Connecticut
3- 340 - 0420 -051
105.09
James Deragon
540 Monroe St.
Hutchinson MN
540 Monroe St.
3- 735- 0540 -031
127.96
Calvin Lee
416 Adams St.
Hutchinson Mn
416 Adams St.
3- 210 - 0416 -081
56.69
Promises to pay
Tammy Morin
646 Second Ave.
Hutchinson MN
624 Second Ave.
3- 030 - 0646 -083
98.52
Howard Riggle
S.E. 415 Adams St.
55350 Hutchinson MN 55350
S.E. 415 Adams St.
3- 210 -0415 -091
113.22
Victoria Weishert
Rt. 1
Glencoe Mn 55336
Midwest Trailer Court
Box 157
Winsted MN 55395
450 Water Street
3- 970 - 0450 -051
1543.29
Promises to pay 112 9/13
1/2 9/27
Richard Sturges
534 Madson Ave.
Hutchinson MN 55350
425 Third Ave. S.E.
3- 045 - 0425 -081
72.81
Knutson Mortgage Finance Co.
Washington Ave.
_ '1i_nn_Pa -)nlia ;1N—
Interiors Unlimited
640 Adams St. S.
Hutchinson M11 55350
640 Adams St.
3- 210 - 0640 -061
38.22
Ron McGraw
Citizens Bank Bldg.
Hutchinson MN 55350
142 Third Ave. S.E.
1- 045 - 0142 -042
98.04
CLOSED ACCOUNT
0
$125.46
Walter Teich
c/o Wally's Liquor Store
Cosmos, MN 56228
441 Main St. N.
3- 680 - 0441 -082
64.86
Miles liillhite
136 11th Ave. N.E.
Hutchinson MN 55350
136 11th Ave. N.E.
3- 130 - 0136 -041
114.78
Promises 1/2 9/06
1/2 9/13
Vince Jahner
712 Hilltop Drive
Hutchinson MN 55350
712 Hilltop Drive
3- 530 - 0712 -021
56.32
James Schlagel
Buffalo Lake MN 553111
0
��
Alvin Baune
Janice Burnett
478 Shady Ridge
Rd.
630 Second Ave. S.E.
55350
Hutchinson MN
55350
Hutchinson 11N 55350
478 Shady Ridge
Rd.
630 Second Ave. S.E.
3- 870 - 0478 -041
3- 030 - 0630 -063
114.78
93.10
Victoria Weishert
Rt. 1
Glencoe tin 55336
Gerald Elliot
Lawrence LaTour
590 Monroe St.
482 California St.
55350
Hutchinson 11N
55350
Hutchinson 11n 55350
590 Monroe St. S.
482 California
3- 735 - 0590 -021
3- 275- 0482 -091
91.15
72.43
Quinton Gruis
125 Water Street
Hutchinson MN 55350
Total amount now due:
Jim Lindmeyer
Rodney Markgraf
705 Main St. N.
575 Peterson Circle
55350
Hutchinson MN
55350
Hutchinson MN 55350
705 Main St. N.
575 Peterson Circle
3 -680- 0705 -171
3- 800 - 0575 -012
90.00
110.51
8/28/85
Promises to pay 9/5/85
Howard Riggle
S.E. 415 Adams St.
55350 Hutchinson MN 55350
S.E. 415 Adams St.
3- 210 -0415 -091
113.22
Victoria Weishert
Rt. 1
Glencoe Mn 55336
Midwest Trailer Court
Box 157
Winsted MN 55395
450 Water Street
3- 970 - 0450 -051
1543.29
Promises to pay 112 9/13
1/2 9/27
Richard Sturges
534 Madson Ave.
Hutchinson MN 55350
425 Third Ave. S.E.
3- 045 - 0425 -081
72.81
Knutson Mortgage Finance Co.
Washington Ave.
_ '1i_nn_Pa -)nlia ;1N—
Interiors Unlimited
640 Adams St. S.
Hutchinson M11 55350
640 Adams St.
3- 210 - 0640 -061
38.22
Ron McGraw
Citizens Bank Bldg.
Hutchinson MN 55350
142 Third Ave. S.E.
1- 045 - 0142 -042
98.04
CLOSED ACCOUNT
0
$125.46
Walter Teich
c/o Wally's Liquor Store
Cosmos, MN 56228
441 Main St. N.
3- 680 - 0441 -082
64.86
Miles liillhite
136 11th Ave. N.E.
Hutchinson MN 55350
136 11th Ave. N.E.
3- 130 - 0136 -041
114.78
Promises 1/2 9/06
1/2 9/13
Vince Jahner
712 Hilltop Drive
Hutchinson MN 55350
712 Hilltop Drive
3- 530 - 0712 -021
56.32
James Schlagel
Buffalo Lake MN 553111
0
��
i
DATE:
TO:
FROM:
ENGINEER'S REPORT
CITY OF HUTCHINSON
August 16, 1985
Mayor and City Council
Director of Engineering
SUBJECT: Sanitary Sewer, Watermain, Storm Sewer, Curb and Gutter and
Surfacing and Appurtenances Improvement Project
Gentlemen:
I have studied the following areas and find that the proposed project is
feasible and recommend it be constructed. If acceptable, I recommend a
hearing be held on the 24th day of September, 1985.
PROJECT NO. 86 -03
T.H. 7 West Service Road from Les Kouba Parkway to 10401 East by
Surfacing and Appurtenances;
Eighth Avenue N.W. from Colorado Street to 600' East and Colorado Street
from Eighth Avenue N.W. to Country Club by construction of Sanitary
Sewer, Watermain, Storm Sewer, Grading, Gravel Base and Appurtenances;
Carolina Avenue from School Road to 150' East by construction of Gravel
Base, Curb and Gutter and Appurtenances;
Civic Arena Parking Lot by Grading, Gravel Base, Curb and Gutter,
Surfacing and Appurtenances;
Jorgenson Street from Hassan Street to Sherwood Street,
Southview Drive and Southview Court from Linden Avenue to Sunset Street
and Sunset Street to Linden Avenue,
Selchow Avenue from Jorgenson Street to Jefferson Street,
Bradford Street from Century Avenue to 700' North,
Randall Road from Bradford Street to Century Avenue,
Sunset Street from Linden Avenue to Southview Drive,
Sherwood Street from Jorgenson Street to Century Avenue,
Century Avenue from Sherwood Street to T.H. 15,
Third Avenue S.W. from Lynn Road to East Pishney Lane,
Larson Street from Roberts Road to Lewis Avenue and
Hassan Street from Oakland Avenue to Selchow Avenue,
by construction of Wearing Course Overlay and Appurtenances;
Construction Cost
Engineering
iFiscal and Miscellaneous
Land Acquisition
$ 595,000.00
41,650.00
41,650.00
0.00
q -It -I
Mayor and City Council
Engineer's Report
Project No. 86-03
August 16, 1985
Page 2
Capitalized Interest
TOTAL------------- - -- - --
Assessable Cost
Deferred Assessable Cost
47,600.00
--- - - - - -$ 725,900.00
$ 242,000.00
0.00
Sewer and Water Fund 209000.00
City Cost 4639900.00
TOTAL--------------------------- - - - - -$ 725000.00
Respectfully submitted,
Marlow V. Priebe
Director of Engineering
to
10
n
LJ
•
RESOLUTION RECEIVING REPORT AND CALLING HEARING ON IMPROVEMENT
PROJECT NO. 86 -03
RESOLUTION NO. 8100
WHEREAS, pursuant to resolution of the Council adopted August 13th, 19859
a report has been prepared by Marlow V. Priebe with reference to the
improvement of:
T.H. 7 West Service Road from Les Kouba Parkway to 10401 East by
Surfacing and Appurtenances;
Eighth Avenue N.W. from Colorado Street to 600' East and Colorado Street
from Eighth Avenue N.W. to Country Club by construction of Sanitary
Sewer, Watermain, Storm Sewer, Grading, Gravel Base and Appurtenances;
Carolina Avenue from School Road to 1501 East by construction of Gravel
Base, Curb and Gutter and Appurtenances;
Civic Arena Parking Lot by Grading, Gravel Base, Curb and Gutter,
Surfacing and Appurtenances;
Jorgenson Street from Hassan Street to Sherwood Street,
Southview Drive and Southview Court from Linden Avenue to Sunset Street
and Sunset Street to Linden Avenue,
Selchow Avenue from Jorgenson Street to Jefferson Street,
Bradford Street from Century Avenue to 7001 North,
Randall Road from Bradford Street to Century Avenue,
Sunset Street from Linden Avenue to Southview Drive,
Sherwood Street from Jorgenson Street to Century Avenue,
Century Avenue from Sherwood Street to T.H. 15,
Third Avenue S.W. from Lynn Road to East Pishney Lane,
Larson Street from Roberts Road to Lewis Avenue and
Hassan Street from Oakland Avenue to Selchow Avenue,
by construction of Wearing Course Overlay and Appurtenances;
and this report was received by the council on August 27th, 1985.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON,
MINNESOTA:
1. The council will consider the improvement of such street in
accordance with the report and the assessment of benefited property for all or
a portion of the cost of the improvement pursuant to Minnesota Statutes
Chapter 429 at an estimated total cost of the improvement of $725,900.00.
2. A public hearing shall be held on such proposed improvement on the
24th day of September, 1985, in the Council Chambers of the City Hall at 8 :00
P.M. and the clerk shall give mailed and published notice of such hearing and
improvement as required by law.
Clerk
Adopted by the council this 27th day of August, 1985.
Mayor
(612) 587 -5151
C/T Y OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: August 16, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: Project No. 86 -03
6
f °R rO'YR I'�F
ORjyAT1ON
For your information, the breakdown of Assessable Cost, City Cost or Sewer and
Water Fund on the above - referenced project, is estimated as follows:
Sewer and
Section Assessable City Water Fund
Service Road from Les Kouba $ 149060 $ 14,000 $ -0-
Parkway to 1040, East
Eighth Ave. and Colorado St.
$
159,340
$ -0-
$ 20,000
Carolina Avenue
$
4,400
$ -0-
$ -0-
Arena Parking Lot
$
-0-
$3182900
$ -0-
Street Overlay
$
64,200
131 000
$ -0-
TOTAL
$ 242,000
$463,900
$ 20,000
Due to the general conditions
of the
streets in
the overlay project, the
estimated front foot cost is
$8.50.
Using an assessed cost of
$3.50, the
break down per street is estimated
as
follows:
Street
Assessable
City
Jorgenson St.
$
69260
$ 13,210
Southview Dr. & Southview Ct.
$
71620
$ 16,110
Selchow Ave.
$
3,810
$ 8,040
Bradford St.
$
39810
$ 8,040
Randall Road
$
2,720
$ 52740
Sunset St.
$
29720
$ 51740
Sherwood St.
$
89160
$ 179310
r
•
4
4
•
Mayor and City Council
Project No. 86 -03
August 16, 1985
Page 2
Century Ave.
Third Ave. S.W.
Larson St.
Hassan St.
TOTAL
MVP /pv
$ 13,060
$ 4,350
$ 5,700
$ 5,990
$ 64,200
$ 27,710
$ 9,190
$ 7,200
$ 12,710
$ 131,000
Marlow V. Priebe
Director of Engineering
�.: (612) 587 -5151
if R1,51, CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
t HUTCHINSON, MINN. 55350
MEMO FoRyOUR/
NFpR41AT /o
DATE: August 16, 1985 N
TO: Mayor and City Council
FROM: Director of Engineering
RE: Project No. 86 -01, 86 -02 & 86 -03
As per your request, the cost breakdown for the above- referenced projects is
as follows:
It is anticipated that any additional projects for 1986 will be requested by
developers and would be 100% assessable.
Marlow V. Priebe
Director of Engineering
MVP /pv
0
Municipal
Assessable
State Aid
City
Sewer &
Project No.
Cost
Cost
Cost
Water Fund
Total
86 -01
$ 2429240
$ 365,360
$ -0-
$ -0-
$ 6079600
86 -02
$ 128,800
$ -0-
$ -0-
$ 20,000
$ 148,800
86 -03
$ 242,000
$ -0-
$ 463,900
$ 209000
$ 725,900
TOTAL
$ 613,040
$ 3652360
$ 463,900
$ 40,000
$1,4829300
It is anticipated that any additional projects for 1986 will be requested by
developers and would be 100% assessable.
Marlow V. Priebe
Director of Engineering
MVP /pv
0
r612) 587 -5151
TY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
DATE: August 16, 1985
TO: Mayor and City Council
FROM: Director of Engineering
RE: 5 Year Project Report
MEMO FoRyOUR
/NFOkA11
/0N
As per your request, the estimated cost breakdown for improvement projects is
as follows:
Municipal
MVP /pv
�J
I?XC�L O�
Marlow V. Priebe
Director of Engineering
9
Assessable
State Aid
City
Sewer &
Project No.
Cost
Cost
Cost
Water Fund
Total
1981
$
6429700
$
-0-
$
318,800
$
1312000
$19092,500
1982
$
4022000
$
_0_
$
451,000
$
579000
$ 9102000
1983
$
680,300
$
118000
$
451,000
$
729000
$1,321000
1984
$
3169250
$
1489000
$
3902000
$
57,200
$17011,450
1985
$
780,250
$
158,000
$
5457000
$
203000
$1,6869250
1986
$
6132040
$
365,360
$
463000
$
40,000
$1,4829300
(to date)
MVP /pv
�J
I?XC�L O�
Marlow V. Priebe
Director of Engineering
9
4 _CERTIFICATION OF MINUTES RELATING TO
DEVELOPMENT DISTRICT NO. 4
Issuer: City of Hutchinson, Minnesota
Governing Body: City Council
Kind, date, time and place of meeting: a regular meeting
held August 27 , 1985, at 7:30 o'clock P.M. n the City
Hall.
Members Present:
Members Absent:
Documents attached:
Minutes of said meeting (pages):
RESOLUTION NO. 8102
RESOLUTION RELATING TO DEVELOPMENT DISTRICT
NO. 4; CALLING FOR A PUBLIC HEARING ON
It AN AMENDMENT TO THE DEVELOPMENT DISTRICT
PROGRAM AND TAX INCREMENT FINANCING PLAN
I, the undesigned, being the duly quly qualified
and acting recording officer of the public corporation issuing
the obligations referred to in the title of this certificate,
certify that the documents attached hereto, as described
above, have been carefully compared with the original records
of said corporation in my legal custody from which they have
been transcribed; that said documents are a correct and complete
transcript of the minutes of a meeting of the governing body
of said corporation, and correct and complete copies of all
resolutions and other actions taken and of all documents
approved by the governing body at said meeting, so far as
they relate to said obligations; and that said meeting was
duly held by the governing body at the time and place and
was attended throughout by the members indicated above, pursuant
to call and notice of such meeting given as required by law.
WITNESS my hand officially as such recording officer
this 28th day of August , 1985.
(SEAL) Signature
Gary D. Plot z, City Administrator
Name and Title
-- - L
Member introduced the following
resolution and moved its adoption:
RESOLUTION NO. 8102
RESOLUTION RELATING TO DEVELOPMENT DISTRICT
NO. 4; CALLING FOR A PUBLIC HEARING ON
AN AMENDMENT TO THE DEVELOPMENT PROGRAM
AND TAX INCREMENT FINANCING PLAN
BE IT RESOLVED by the City Council of the City
of Hutchinson (the City) as follows:
1. Recitals. This Council by resolution adopted
October 14, 19$T.—signat.ed a development district pursuant
to Minnesota Statutes, Chapter 472A and a tax increment financing
district pursuant to Minnesota Statutes, Section 273.71 through
273.78. Both the development district and the tax increment
financing district have been designated Development District
No. 4 (the District). This Council has previously adopted
a development district program (the Program) and a tax increment
financing plan (the Plan) for the District. This Council
by Resolution No. 7140 and Resolution No. have approved
amendments to the Program and the Plan fol =ing public hearings
thereon.
Iwo
2. Proposed Amendment. The City has received
a proposal that it establish a revolving loan fund (the Fund)
to aid in providing financing for projects to be undertaken
within the District. The types of projects anticipated to
be financed would include improvements to commercial buildings
to bring them in conformity with life and safety codes, community
public works projects not normally financed under Minnesota
Statutes, Chapter 429 and community development and non - profit
projects. It is proposed that a portion of the tax increment
derived by the District would be dedicated by the City to
the Fund. This Council has been advised that in order to
dedicate tax increments derived from the District to the
Fund it is necessary to further amend the Program and the
Plan and that prior to the further amendment of the Program
and the Plan it is necessary to hold a public hearing on
the proposed amendments.
3. Preparation of Amendment to Program and Plan.
The City Administrator and City Attorney are hereby directed,
in cooperation with Ehlers and Associates, Inc., to prepare
an amendment to the Program and Plan relating to the Fund.
The proposed public redevelopment costs to be paid by the
City in connection with the Fund shall be described in such
amendment.
40
it
•
4. Public Heari�n A public hearing on the proposal
to amend the Program and�t►e�Plan to provide that the City
may dedicate a portion of the tax increments to be derived
from the District to the Fund is hereby called and shall
be held on September 14 1985, at 8:00 o'clock P.M. at the
City Hall and tWeCity Administrator is hereby authorized
and directed to cause notice of the public hearing to be
published once not less than 10 nor more than 30 days prior
to the hearing in a newspaper of general circulation in the
City. The notice of the public hearing shall be in substantially
the following form:
-2-
NOTICE OF PUBLIC HEARING ON
AMENDMENTS TO DEVELOPMENT DISTRICT
NO. 4 OF THE CITY OF HUTCHINSON
NOTICE IS HEREBY GIVEN that the Hutchinson City
Council will meet on September 10, 1985, at 8 :00 o'clock p.M.,
at the City Hall in Hutchinson, Minnesota to hold a public
hearing on a proposed amendment to the development district
program and tax increment financing plan previously established
by the City for a development district and tax increment
financing district, both designated as Development District
No. 4 (the "District "). The proposed amendment provides
for dedication of a portion of the tax increments to be derived
from the District to a fund of the City to be used to aid
in the financing of certain projects to be undertaken from
time to time in the District. All persons wishing to be
heard on the proposed amendments to the development district
program and tax increment financing plan for the District
are requested to appear at the public hearing.
Dated: August 27, 1985.
BY ORDER OF THE CITY COUNCIL
6
By /s/ GarZ D. Plotz •
City Administrator
n
\J
-3-
Attest:
Adopted this 27th day of August, 1985.
Mayor
City Administrator
The motion for the adoption of the foregoing resolution
was duly seconded by Member
and upon
vote being taken thereon the following voted in favor thereof:
and the following voted against the same:
. whereupon the resolution was declared duly passed and adopted
•
and was signed by the Mayor which signature was attested
by the City Administrator.
-4-
(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN, 55350
M E M O R A N D U M
DATE: August 23, 1985
TO: —Mayor and City Council —
-- — — — — — — — — — — — — — — —
FROM: —Kenneth B. Merrill,—Finance Director
— ------------------ — — — — — — — — —
SUBJECT: —Federal Revenue Sharing Audit
----------------------- - - - - --
Because our city receives over $100,000 from federal revenue sharing,
• we must submit an annual financial and compliance audit.
Charles Bailly & Company has submitted a proposal to do the audit at a
cost of $850. They have all the necessary work papers and can meet the
necessary deadline.
I would ask the Council to approve the engagement of the Charles Bailly Co.
for the federal revenue sharing audit for the year ended 1984.
/ms
•
q - "�' I
LEONARD E. LINDQUIST
NORMAN L. NEWHALL
LAURESS V.ACKMAN
GERALD E. MAGNUSON
EDWARD M.GLENNOM
MELVIN I. ORENSTEIN
ROBERT J. SHERAN
ISRAEL E. KRAWETZ
EUGENE KEATING
JAMES P. MARTINEAU
TICHARD J. FITZGERALD
ILIP J. ORTMUN
HN A. FORREST
ILLIAM E. FOX
JERROLD F. SERGFALK
WILLIAM T. DOLAN
DAVID M. LEBEDOFF
JOHN H. STROTHMAN
DAVID G. NEWHALL
KURTIS A. GREENLET
•
ROBERT V. ATMORE
PATRICK DELANEY
HOWARD J.KAUFFMAN
JOHN B. WINSTON
LAURANCE R.WALDOCM
RICHARD B.SOLUM
THOMAS M.OARRETT IIE
DARYLE L. UPHOFF
DAVID J. DAVENPORT
MARK R.JOHNSON
RICHARD A. PRIMUTH
R. WALTER BACHMAN
JEFFREY R. SCHMIDT
TIMOTHY H. BUTLER
ROBERT O. MITCHELL,JR
J. MICHAEL CADY
J. KEVIN COSTLEY
ROBERT J. HARTMAN
JOSEPH O. KOHLER
PAUL H. TIETZ
L I N D Q U I S T & V E N N U M
RICHARD D.MKNEIL
DONALD C. S W ENSON
4200 IDS CENTER
JAMES P. MCCARTHY
MINNEAPOLIS, MINNESOTA 55402
STEVEN J.JOHNSON
T ELEPMONE 16121 371 -3211
RICHARD IHRIG
TELEX 29 0044
JEFFREY A.
16121
OVEEK
THOMAS G.LOVEO " S
TE LECO PIER 371 -3207
LYNN M.AND[RSON
CABLE: LINLAW MINNEAPOLIS
DAVID A.ORENSTEIN
THOMAS E.OLENNON
WAYZATA OFFICE
RENEE JA HOMUTHI SELIG
740 EAST LAKE STREET
TERESA B. BONNER
WAYZATA, MINNESOTA 55391
JOHN R. HOUSTON
DENNIS M.O'MALLEY
EDWARD J. WEGERSON
DANIEL J. SHERAN
DAVID A. ALLGEYER
GREGORY P. MILLER
TERRENCE J. FLEMING
July 30, 1985
James Schaefer, Esq.
P. O. Box 363
105 Second Avenue Southwest
Hutchinson, Minnesota 55350
Re: Hutchinson Technology Incorporated
Dear Jim:
N. ROLF ENOH
RICHARD T. OSTLUND
DEBORAH M. MEGAN
MARTIN R. ROSENBAUM
ELINOR C. ROSENSTEIN
ROSANNE H.WIRTH
DEBRA K. PAGE
MICHAEL D. OLAFSON
SUB" E. BARNES
DAVID L. HALLE"
STEVEN E.MAU
JEAN A. SAALETSKI
CHARLES R. WEAVER,JR.
SARA R. MORRISSEY
ANN M. PARRENT
DAVID L.SASSEVILLE
OF COUNSEL
THOMAS VENNUM
Thank -you for the time you spent talking with me by tele-
phone yesterday relative to Hutchinson Technology Incorporated's
recent plant expansions. As discussed, I am enclosing fully
executed party wall agreements which now need only the signature
of the City. After the documents have been executed, would you
kindly return them to me in the enclosed self- addressed, stamped
envelope, at which time I will see to their filing. After they
have been filed, we will be rendering our opinion that the
agreements have been entered into between the parties and that
such agreements have been filed so that the rights of the inter-
ested parties under the constituent documents are preserved.
Very truly yours,
* K�
Richard B. Solum
RBS /jf
cc: Mr. Jeffrey Green
Mr. Wayne Fortun
�- E
AGREEMENT 6
THIS AGREEMENT, which is made and entered into effective
this 10th day of January, 1985, is by and among HUTCHINSON
TECHNOLOGY INCORPORATED (formerly Hutchinson Industrial
Corporation), a Minnesota corporation (hereinafter "HTI "), the
CITY OF HUTCHINSON (hereinafter "City ") and FIRST TRUST COMPANY
OF ST. PAUL, MINNESOTA (hereinafter "Trustee ").
WHEREAS, the City is the owner of certain improved property
constituting some of HTI's plant and office facility located on
Lot 1, Block 1, Hutchinson Industrial Corporation Plat, McLeod
County, Minnesota, which is leased from the City by HTI according
to a lease dated May 1, 1973 (hereinafter "City Property "); and
WHEREAS, Trustee is a trustee under that Mortgage and
Indenture of Trust dated May 1, 1973, running between City and
Trustee, which Indenture sets out various rights and obligations
in connection with City Property (hereinafter "Indenture "); and
WHEREAS, HTI is in the process of constructing an addition
to its existing facility (hereinafter "the 1984 Addition ") which
are adjacent to, and will use common walls of some of City
Property; and
WHEREAS, it is in the mutual interests of the parties for
the 1985 Additions to tie into and become an integral part of the
existing facility of HTI, including that portion which is City
Property.
NOW, THEREFORE, in consideration of the foregoing recitals, 0
promises and conditions, it is agreed:
9 -�
1. The City Property includes an exterior wall running
approximately east and west on the northerly side of the City
Property, which wall is approximately 14 -1/2 feet high and lies
approximately on and several inches either side of the following
described line:
That part of Lot 1, Block 1, Hutchinson Industrial
Corporation Plat, according to the recorded plat
thereof, McLeod County, Minnesota, described as
follows:
Commencing at the Northeast corner of Lot 1,
Block 1, Hutchinson Industrial Corporation
plat; thence south assuming bearing, along
the east line of said Lot 1, a distance of
342.26 feet; thence south 89° 57' west 342.61
feet to the beginning of the line to be
described; thence continuing south 89° 57'
west 96.00 feet and said line there
terminating.
(hereafter referred to as "City Wall ").
2. The City and Trustee hereby agree and consent to HTI's
use of City Wall as a party wall of 1984 expansion and the making
of such cut -ins, utility connections and the like through or on
City Wall as are reasonably necessary to the operating unity of
the 1984 expansion and City Property. The Trustee and City
hereby grant to HTI, its successors or assigns, an easement in
City Wall to the extent necessary to fully effect the purpose and
rights which HTI could have in connection with party wall and
related provisions in the lease and indenture. HTI expressly
agrees that it shall maintain City Wall so that the use of said
wall as described herein shall not adversely affect the character
or impair the operating unity, structural integrity or efficiency
• of the City Property.
-2-
3. The rights, consents, releases and easements provided
for herein shall run with the land. Any rights conferred on the
City or Trustee or obligations imposed on HTI hereby shall cease
at such time as the lease is fully satisfied.
IN WITNESS WHEREOF, the parties have caused this Agreement
to be executed as of the day and year first above written.
HUTCHINSON TECHNOLOGY INCORPORATED
By
Its
FIRST TRUST COMPANY OF ST. PAUL,
MINNESOTA as Trustee
By w . a lL-t_
Its V icc, P "-cs,dT•f-
CITY OF HUTCHINSON, MINNESOTA
By
Its
This Agreement has been drafted by:
Delaney & Solum, Ltd.
Richard B. Solum
700 Galaxy Building
330 Second Avenue South
Minneapolis, Minnesota 55401
•
-3-
(612) 587 -5151
FCITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
T0: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Final Plat "Hassan Heights" (within two mile radius)
The Planning Commission recommends that the aforemention final
plat be approved as presented, noting that the subdivision
agreement has been approved and will be recorded with the Plat.
0
f
•
R- F
(612) 587 -5151
HUTCH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
August 22, 1985
MEMORANDUM
TO: MAYOR AND CITY COUNCIL
'•• / /'J7 •' �; } N/ 17171' /
RE: HASSAN HEIGHTS
Attached is the Slbdivision Agreement with Mr. & Mrs. Filk for
Hassan Heights for your approval.
kM
•
9 -F
SUBDIVISION AGREEMENT
HASSAN HEIGHTS
HASSAN VALLEY TOWNSHIP
CITY OF HUTCHINSON, MINNESOTA
THIS AGREEMENT, made and entered into the day and year set forth
hereinafter, by and between Herbert and Ella Filk, hereinafter called the
"Subdivider ", and the City of Hutchinson, a Municipal Corporation in the
County of McLeod, State of Minnesota, hereinafter called the "City ";
WITNESSETH:
WHEREAS, the Subdivider is the owner and developer of a certain
subdivision known as HASSAN HEIGHTS, which is located in Hassan Valley
Township in McLeod County Minnesota, and;
WHEREAS, City Ordinances requires subdividers to make certain
improvements in the subdivision;
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
1. Subsequent to annexation of HASSAN HEIGHT SUBDIVISION into the City,
it will be necessary to install sanitary sewer, sanitary sewer service
leads, watermain and water service leads to serve all lots in the
plat. To construct storm newer to provide drainage for the service
• road. To grade, place gravel base, construct curb and gutter and a
permanent roadway surface on the Service Road.
2. It is understood and agreed that the improvements required in
Paragraph No. 1 may be constructed under several contracts and may be
completed during several construction seasons.
3. It is understood and agreed `that the total improvement costs for
sanitary sewer service leads required for the subdivision will be
assessed equally to each lot in the subdivision.
4. It is understood and agreed that the total improvement costs for
watermain and water service leads required for the subdivision will be
assessed equally to each lot in the subdivision.
5. It is understood and agreed that the stated improvement costs for the
storm sewer required for the subdivision will be assessed equally to
each lot in the subdivision.
6. It is understood and agreed that the total improvement cost for the
grading and gravel required for the improvement of the Service Road
will be assessed equally to each lot in the subdivision.
7. It is understood and agreed that the total cost of constructing curb
and gutter on the Service Road will be assessed equally to each lot in
the subdivision.
. 8. It is understood and agreed that the total cost of constructing a
permanent roadway surface on the Service Road will be assessed equally
to each lot in the subdivision.
q_
SUBDIVISION AGREEMENT
HASSAN HEIGHTS
HASSAN VALLEY TOWNSHIP
CITY OF HUTCHINSON, MINNESOTA
PAGE 2
9. It is understood and agreed that the average lot size is 1.1666 acres
or 50,820 square feet and that upon annexation, each lot Will be
required to make a Parks and Playground Contribution to the City as
per the City's scheduled cost at time of annexation, based on the
average lot size of 50,820 square feet.
10. This agreement shall be binding upon and extend to the heirs,
representatives, assigns and successors of the parties.
11. It is understood and agreed that this instrument will be recorded
subsequent to execution by both parties and filing of the Plat.
IN WITNESS THER W, the Subdivider has hereunto set his hand and seal
this day of , 1985.
SUBDIVIDER
Herbert W. Filk Ell J. Filk •
Approved by the City Council on the day of , 1985.
CITY OF HUTCHINSON
Its Mayor
Its City Clerk
•
•
' (612) 587 -5151
HUTCH' C/T Y OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Vacation of Easement as petitioned by Patrick Spaude
Pursuant to Section 5.962 of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned petition to vacate
an easement.
HISTORY
On January 23, 1985, the City Council granted the vacation of Park Lane as
petitioned by Pat Spaude and Bruce Drahos. It was later brought to the
attention of Mr. Spaude that there was a second easement on his property
that would have to be vacated before he could build on the property. There -
fore, Mr. Spaude filed a petition to vacate a 6' by 130' easement on the east
side of Lot 2, Block 2, Helland's Third Addition. A public hearing was
held at the regular meeting of the Planning Commission on Tuesday, August
20, 1985, at which time there was no one present who objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
was waived, as it was determined the City should have been
aware of the existing easement at the time of the original petition.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, August 8, 1985 and
Tuesday, August 13, 19-95.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned petition to vacate the 6' by 130' utility easement be granted.
Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
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r (612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Vacation of Street-Right-of-Way
as Petitioned by Pure Culture
Pursuant to Section 5.962 of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned petition to vacate a steet
right -of -way.
HISTORY
On July 25, 1985, Hercules Incorporated, Pure Culture Products, submitted a
petition to vacate the Washington Street right -of -way 39' of the north
property line abutting Lots 4, 59 6, 7, 8, 9 and 10 of Block 46, North 1/2
City. A public hearing was held at the regular meeting of the Planning
Commission on Tuesday, August 20, 1985, at which time there was no one
present in the audience who stated their objection to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, August 8, 1985 and
Tuesday, August 13► 1985.
3. The request was made to facilitate a new loading facility for hazardous
chemicals (alcohal). The added room would make the loading more safe.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned petition to vacate the Washington Street right -of -way, 39' south
of the north property line of property abutting Lots 4, 5, 6, 7, 8, 9, and
10, Block 46, N 112 City, be granted.
Respectfully submitted,
• Roland Ebent, Chairman
Hutchinson Planning Commisson
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(612) 587 -5151
yarcH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Variance Request as submitted by Gail Plaisance
Pursuant to Section 6.05, B3, of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a variance.
HISTORY
On July 30, 1985, Mr. Gail Plaisance submitted an application for a 191
variance to allow the construction of a 23' by 311 attached garage 61 from
• the rearyard property line and a variance to allow a 7' by 201 deck on the
north side of the existing house on property located at 509 Linden Ave. Mr.
Plaisance had spoken to the Planning Commission about the request at the
June meeting. The Planning Commission recommended that Mr. Plaisance apply
for the variance. A public hearing was held at the regular meeting of the
Planning Commission on Tuesday, August 20, 1985, at which time there was no
one present who objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, August 8, 1985 and
Tuesday, August 13, 1985.
3. It was the consensus of the Planning Commission that the lot is unique,
and the garage would be more aesthetically pleasing as proposed, which
does require a variance.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned request for a variance be granted.
• Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson
q-_T*
�3
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q,-E, "
RESOLUTION N0. 8104
RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05, B.3 OF
ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF AN
ATTACHED 23' BY 31' GARAGE 6' FROM THE REARYARD PROPERTY LINE AND A
VARIANCE TO ALLOW A 7' BY 20' DECK ON THE NORTH SIDE OF THE EXISTING HOUSE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mr. Gail Plaisance of Hutchinson has applied for a variance from
Section 9 3.c of Zoning Ordinance No. 464 for a variance of 19' to allow the
construction of an attached 23' by 31' garage 6' from the rearyard property
line and a variance from Section 7.09 (F) of Zoning Ordinance #464 to allow
the construction of a 7' by 20' deck on property located at 509 Linden Avenue
with the following legal description:
The East 97.00 feet of Lot Seven (7) MERRILL'S SUBIDIVISON of Lot 869
Lynn Addition to Hutchinson
2. The Planning Commission has reviewed the application for a
variance and has recommended to the City Council that the application be
granted.
3. The Council has considered the effect of the proposed variance
• upon the health, safety, and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the
public safety, and the values of property in the surrounding area and the
effect of the proposed variance upon the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the
proposed variance will not impair an adequate supply of light and air to adja-
cent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, endanger the public safety, unreasonably diminish
or impair health, safety, comfort, morals, or in any other aspect be contrary to
the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question
are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which such land is
located.
6. The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant. It will not merely
serve as a convenience to the applicant, but is necessary to alleviate demon -
strable hardship or difficulty.
9 -r
RESOLUTION No. 8104
Page 2
CONCLUSION 6
The application for variance for the purpose designated is granted based
upon the findings set forth above.
Adopted by the City Council this 27th day of August, 1985.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
s
•
A
40
(612) 587 -5151
F CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON. MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Preliminary and Final Plat of "Shady Haven" as Submitted by
Richard and Linda Martin
Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a preliminary and
final plat.
HISTORY
On July 22, 1985, Richard & Linda Martin submitted an application for a
preliminary and final plat to be known as "Shady Haven ". A public hearing
was held at the regular meeting of the Planning Commission on Tuesday,
August 20, 1985, at which time there was no one present who objected to the
request.
FINDINGS OF FACT
1. The required application and plat maps were submitted and the
appropriate fee paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, August 8, 1985 and
Tuesday, August 13, 1985.
3. Director of Engineering, Marlow Priebe outlined the necessary
subdivision agreement for the property,in a memo dated August 9, 1985,
with which Mr. and Mrs. Martin stated they would comply. The Utilities
Commission requested that 10' utility easements be provided. The Martins
stated that they would be provided.
RECOMMENDATION
It is the recommendation of the Planning Commission that the afore-
mentioned preliminary and final plat of "Shady Haven" be approved,
contingent upon appropriate subdivision agreements being drawn up as per the
Director of Engineering's recommendation and the 10' untility easements
being provided.
• Respectfully submitted,
Roland Ebent, Chairman
Hutchinson Planning Commisson q —
jr37 12) 587 -5151
TY OF HUTCHI NSON
SHINGTON AVENUE WEST
INSON, MINN. 55350
M E M 0
DATE: August 9, 1985 f
TO: Planning Counission & City Council
FROM: Director of Engineering
RE: Shady Haven Subdivision
I have reviewed the proposed plat and recommend approval of same.
A Subdivision Agreement will be required and will include the following items,
as well as other standard requirements for subdivisions:
1. Parks and Playground contribution in the amount of $406.56.
2. The balance of the existing assessments to be assigned to the new lots It
as per Subdividers request.
3. A sanitary sewer service lead and water service lead front he mains to
Lot 2, shall be installed by the City, to serve all three lots and be
assessed to the lots on an equal basis as per Subdivider's request.
4. Service leads to each individual lot will be the responsibility and
expense of the Subdivider and /or individual lot owner.
5. The existing drainage across the proposed plat from McClure's First
Addition shall be retained. Details to be completed before agreement
is signed.
6. Lowest floor elevation for any structure is 1046.4 as per Ordinance.
7. Building setback from shoreline is 75 feet, as per State Department of
Natural Resources.
Marlow V. Priebe
Director of Engineering
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RESOLUTION NO. 8106
RESOLUTION GIVING APPROVAL OF PRELIMINARY AND FINAL PLAT OF
• SHADY HAVEN
WHEREAS, Richard and Linda Martin of Hutchinson, prospective owners and
subdividers of the property proposed to be platted as Shady Haven have
submitted an application for approval of the preliminary and final plat of
said subdivision in the manner required for platting of land under the
Hutchinson Ordinance Code, and all proceedings have been duly had thereunder,
and
WHEREAS, said plat is in all respects consistent with the City Plan
and the regulations and requirements of the laws of the State of Minnesota
and the ordinance of the City of Hutchinson and
WHEREAS, said plat is situated upon the following described lands in
McLeod County, to -wit;
That part of the South Half of the South Half of Government Lot 2,
Section 35, Township 117 North, Range 30 West of the Fifth Principal
Meridian, described as beginning at the southeast corner of said
Government Lot 2; thence northerly along the east line of said
Government Lot 2 to the northeast corner of said South Half of the
South Half; thence South 88 degrees 07 minutes 43 seconds West, along
the south line of the plat of SHADY RIDGE as said plat is monumented,
• to the easterly shore line of Campbell Lake (the north line of said
South Ralf of the South Half is assumed to have a bearing of South 89
degrees 37 minutes 37 seconds West): thence southerly, along said
shore line, to the south line of said Government Lot 2; thence
easterly along said south line, to the point of beginning.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
1. That said plat of Shady Haven is hereby approved and accepted by the
City as being in accord and conformity with all ordinances, City plans and
regulations of the City of Hutchinson and the laws of the State of Minnesota,
subject to the parks and playground contribution being met and appropriate
subdivision agreement being drawn up.
2. That the City Clerk is hereby directed to file a certified copy of
this resolution in the office of the County Recorder for their use as required
by M.S.a. 462.358(3).
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9 -J-1
Resolution No. 8106
Page 2
BE IT FURTHER RESOLVED THAT such execution of the certification upon
said plat by Mayor and City Clerk, as required, shall be conclusive showing of
proper compliance therewith by the subdivider and City officials charged with
duties above described and shall entitle such plat to be placed on record
forthwith without further formality.
Adopted by the City Council this 27th day of August, 1985.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
9
•
(612) 587 -5151
8151, CITY OF HUTCHINSON
` 37 WASHINGTON AVENUE WEST
- -_� HUTCHINSON, MINN. 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Variance Request as Submitted by Sumiko Nelson
Pursuant to Section 6.05, B39 of Zoning Ordinance No. 464, the Hutchinson
Planning Commission is hereby submitting its findings of fact and recom-
mendation with respect to the aforementioned request for a variance.
HISTORY
On August 1, 1985, Mrs. Sumiko Nelson of Hutchinson submitted a request for
a 13.25' variance to allow the construction of an attached garage 6' from
the front yard property line on property located at 476 Bluff Street North.
40 A public hearing was held at the regular meeting of the Planning Commission
on Tuesday, August 20, 1985, at which time there was no one present who
objected to the request.
FINDINGS OF FACT
1. The required application was submitted and the appropriate fee
paid.
2. Notices were mailed to the surrounding property owners as well as
published in the Hutchinson Leader on Thursday, August 8, 1985 and
Tuesday, August 13, 1-
3• It was the consensus of the Planning Commission that the steep hill on
the property was unique. It was also noted that the wide boulevard
(201) allows for adequate parking.
RECOMMENDATION
It is the recommendation of the Planning Commission that the aforementioned
request for a 13.25' variance be granted.
Respectfully submitted,
• Roland Ebent, Chairman
Hutchinson Planning Commisson
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RESOLUTION NO. 8105
RESOLUTION GRANTING VARIANCE UNDER SECTION 6.05, B.3 OF
ZONING ORDINANCE NO. 464 TO ALLOW CONSTRUCTION OF AN
ATTACHED GARAGE 13.25' FROM THE FRONTYARD PROPERTY LINE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA:
FINDINGS
1. Mrs. Sumiko Nelson of Hutchinson has applied for a variance from
Section 9 3.a of Zoning Ordinance No. 464 for a variance of 13.25' to
allow the construction of an attached garage 6' from the frontyard property
line on property located at 476 Bluff Street North, with the following legal
description:
North 62' of S 198', Lot 1, Block 14 North Half City
2. The Planning Commission has reviewed the application for a
variance and has recommended to the City Council that the application be
granted.
3. The Council has considered the effect of the proposed variance
upon the health, safety, and welfare of the community, existing and
anticipated traffic conditions, light and air, danger of fire, risk to the
public safety, and the values of property in the surrounding area and the
effect of the proposed variance upon the Comprehensive Plan.
4. Because of conditions on the subject property and on the surrounding
property, it is possible to use the subject property in such a way that the
proposed variance will not impair an adequate supply of light and air to adja-
cent property, unreasonably increase the congestion in the public streets,
increase the danger of fire, endanger the public safety, unreasonably diminish
or impair health, safety, comfort, morals, or in any other aspect be contrary to
the intent of the ordinance and the Comprehensive Plan.
5. The special conditions applying to the structure or land in question
are peculiar to such property or immediately adjoining property and do not apply
generally to other land or structures in the district in which such land is
located.
6. The granting of the application is necessary for the preservation and
enjoyment of a substantial property right of the applicant. It will not merely
serve as a convenience to the applicant, but is necessary to alleviate demon-
strable hardship or difficulty.
1 -K
RESOLUTION No. 8105
Page 2
CONCLUSION
The application for variance for the purpose designated is granted based
upon the findings set forth above.
Adopted by the City Council this 27th day of August, 1985.
ATTEST:
Gary D. Plotz
City Clerk
Robert H. Stearns
Mayor
10
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(612) 587 -5151
HUTCH' CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
_ f
_ HUTCHlNSON, MINK, 55350
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: George Herbert Sketch Plan (within two -mile radius)
The Planning Commission recommends that aforementioned sketch
plan be approved.
1p
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(612) 587 -5151
CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
HUTCHINSON, MINN. 55350
M E M 0
DATE: August 9, 1985
TO: Planning Commission and \/City Council
FROM: Director of Engineering
RE: George Herbert
Sketch Plan
I recommend approval of the concept to plat the area as shown in the Sketch
Plan.
Before a Preliminary Plat is considered, the following data, commitments or
or requirements should be submitted or need to be met:
a. Topographic survey data of entire plat. At least 200 feet outside
of plat on the West and North sides. To the East right -of -way of
T.H. 15 on the East side. To County Road 76 on the South side.
b. Preliminary Plat shall show proposed drainage on each lot and where
drainage from plat will flow to.
c. Street grades on all proposed roadways in the plat with drainage
culverts shown, where needed.
d. Subdivider will sign a Subdivision Agreement with City, that will be
recorded by the City.
e. Subdivider or property owners will be required to make a Parks &
Playground contribution, when the plat is annexed, based on City
Schedule.
6
f. All improvements made subsequent to annexation will be paid by each
lot on an equal basis.
g. Improvements referred to in "f' would include sanitary sewer, watermain, —
storm sewer, curb and gutter, street grading, street base and street
surfacing.
h. No costs for above - referenced improvements of or on the roadway
abutting the South line or West line of the plat will be paid by
abutting property owners.
i. All lots shall be platted for residential use as per our Comprehensive
9- 4�6
Planning Commission and-City Council
George Herbert Sketch Plan
August 9, 1985
Page 2
16 Plan. No commercial zoning to be allowed.
Action by Township on Preliminary Plat will have to be submitted to City before
being placed on Planning Comtission Agenda.
MVP /pv
cc: George Herbert
Ed Homan
0
Is
Marlow V. Priebe
Director of Engineering
(612) 587 -5151
f'' HUTCH CITY OF HUTCHINSON
37 WASHINGTON AVENUE WEST
AL HUTCHINSON, MINN. 55350
•
0
M E M O R A N D U M
DATE: August 21, 1985
TO: Hutchinson City Council
FROM: Hutchinson Planning Commission
SUBJECT: Conditional Use Permit Submitted by Jim Heikes (within two mile
radius
The Planning Commission has no objection to the proposed use
(Retail Sales - furniture) at the Minnesota Fun location on Hwy 7
East.
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Minutes onmrlo
Hutchinson Planning Commission
Tuesday, August 20, 1985
1. CALL TO ORDER
The meeting was called to order by Chairman Roland Ebent at 7:30 p.m.,
with the following members present: Marlin Torgerson, Elsa Young, Don
Erickson, Shu -Mei Hwang, Larry Romo and Chairman Ebent. Members absent:
Thomas Lyke. Also present: City Administrator Gary D. Plotz, Director of
Engineering Marlow Priebe and City Attorney James Schaefer.
2. MINUTES
The minutes of the regular meeting dated Tuesday, July 16, 1985, were
apporoved as presented on a motion by Mr. Torgerson. Seconded by Mr.
Romo, the motion carried unanimously.
3. PUBLIC HEARINGS
(a) CONSIDERATION OF VACATION OF EASEMENT AS PETITIONED BY PAT SPAUDE
Chairman Ebent opened the public hearing at 7:35 p.m. with the
reading of publication #3444 as published in the Hutchinson Leader on
Thursday, August 8, and Tuesday, August 13, 1985. The petition is
for the vacation of a 6' by 130' utility easement on property
• described as Lot 2, Block 29 Helland's Third Addition.
Chairman Ebent explained that the Planning Commission had recommended
approval of the vacation of Park Lane as petitioned by Mr. Spaude in
February of 1985. This created a new lot line and new utility
easements along that line were established. The existing utility
easement was overlooked at the time and Mr. Spaude cannot proceed
with his building plans until the easement is vacated.
Mr. Erickson made a motion to close the hearing. Seconded by Mr.
Torgerson, the motion carried unanimously and the hearing was closed
at 7:38 p.m. Mr. Torgerson made a motion to recommend to City
Council approval of the vacation as requested. The motion was
seconded by Mr. Hwang. Discussion followed regarding plans for a
future street behind the lots in question. City Administrator Plotz
explained that it was his understanding that there would be another
street between-7th and 8th avenues rather than a central green area
as once planned. The motion to recommend approval of the petition to
vacate the easement carried unanimously.
(b) CONSIDERATION OF VACATION OF STREET AS PETITIONED BY PURE CULTURE
PRODUCTS
Chairman Ebent opened the public hearing at 7:40 p.m. with the
reading of publication $3445 as published in the Hutchinson Leader on
Thursday, August 8, and Tuesday, August 13, 1985. The request is to
• vacate the Washington Street right of way 39' south of the north
property line of property abutting Lots 4, 5, 6, 7, 8, 9 and 10 of
(c)
Block 46 North 112 City.
Staff recommended approval as the remaining 60, is adequate for a •
street.
Mr. Torgerson stated that he had received notice from the Hutchinson
Utilities Company that they would like an easement for a 6" gas main
located southwest of the spur track; other than that, they have no
objections to the request.
Administrator Plotz explained that the request is to provide room for
a loading dock for unloading raw materials. The new loading area
would be a much safer area than they have at present as the material
is flammable (alcohal).
Chairman Ebent stated his concern about the fairness of granting such
a vacation. He felt that it would be more fair to grant a 19.5'
vacation, leaving the 601 required for a street and 19.5' for the
property owners to the south, in the event that they might ask for a
vacation. He also stated his concern about traffic going west on
Washington driving into the wrong lane of oncoming traffic.
Director Priebe stated that the street is used mainly by Pure Culture
Products and Hutch Agri -Tech. There is only one residence on the
south side of the street. Mr. Romo stated that he had no problem
with the request because of the location. Mr. Erickson asked if a
site plan could be provided.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mr. Erickson, the motion carried unanimously and the
hearing was closed at 7 :54 p.m. Mr. Romo made a motion to recommend
to City Council approval of the vacation as requested, contingent
upon the 6" easement for the gas main and any other necessary
easements being provided, and upon a site plan of the proposed
loading dock being provided for the City Council meeting. Seconded
by Mr. Torgerson, the motion carried, with Chairman Ebent voting
"no ".
CONSIDERATION OF VARIANCE REQUEST AS SUBMITTED BY GAIL PLAISANCE
Chairman Ebent opened the hearing at 7:55 p.m. with the reading of
publication #3446 as published in the Hutchinson Leader on Thursday,
August 89 and Tuesday, August 13, 1985. The request is for a 191
variance to allow the construction of an attached double garage,with
living area,61 from the rearyard property line, and a variance to
allow a 7' by 201 deck on the north side of the existing house on
property located at 509 Linden Avenue.
Mr. Gail Plaisance was present to explain that since he had discussed
this with the Planning Commission (June meeting), the contractor had
recommended that living space be added above the proposed garage.
Other than that, the request was what had been discussed previously. •
2
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Chairman Ebent explained that this
fact that the rearyard appeared as
that he thought 31' was a large ga.
wasn't affected by the variance be
sideyard was allowed.
situation was unusual due to the
a sideyard: Mr. Romo commented
age. It was noted that the length
ause the required 6' on the
City Administrator Plotz stated that the staff recommendation was
based upon the fact that the variance would allow the site to be more
aesthetically pleasing. During discussion it was noted that by
forcing a detached garage on the property by denying the variance
would be defeating the purpose of having a more attractive site. The
variance would not create a safety or health hazzard.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mrs. Young, the motion carried unanimously and the
hearing was closed at 8 :07 p.m. Mr. Romo made a motion to recommend
to City Council approval of the variance as requested. Seconded by
Mr. Hwang, the motion carried unanimously.
(d) CONSIDERATION OF PRELIMINARY AND FINAL PLAT OF "SHADY HAVEN" AS
PROPOSED BY RICHARD AND LINDA MARTIN
Chairman Ebent opened the hearing at 8:05 pm. with the reading of
publication #3447 as published in the Hutchinson Leader on Thursday,
August 8, and Tuesday, August 20, 1985. The proposed plat is located
on the west side of Shady Ridge Road and is described as "That part
of the South Half of the South Half of Government Lot 2, Section 35,
Township 117 North, Range 30 West of the Fifth Principal Meridian,
described as beginning at the southeast corner of said Government Lot
2; thence northerly along the east line of said Government Lot 2 to
the northeast corner of said South Half of the South Half; thence
South 88 degrees 07 minutes 43 seconds West, along the south line of
the plat of SHADY RIDGE as said plat is monumented, to the easterly
shore line of Campbell Lake (the north line of said South Half of the
South Half is assumed to have a bearing of South 89 degrees 37
minutes 37 seconds West): thence southerly, along said shore line,
to the south line of said Government Lot 2; thence easterly along
said south line, to the point of beginning.
Richard Martin was present to explain the proposal. He explained
that the unusual contour of the property (ravines, low spots, etc.)
allowed for only three building sites: He was aware of Director
Priebe's memo outlining requirements for the subdivision agreement
that will be required and stated they would be in compliance with
those requirements.
Mr. Ebent read a letter from the Utilities Commission asking for 10'
utilities easements on all lot lines. It also stated that after the
utilities are installed, if any lot lines change, the developer would
bear the cost of moving utilities. Mr. Martin stated that they would
provide the 10' easements as requested.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mr. Romo, the motion carried unanimously and the hearing
was closed at 8 :09 p.m. Mr. Torgerson made a motion to recommend to
3
PLANNING COMMISSION MINUTES - 8/20/85
City Council approval of the preliminary and'final plat with the 10'
utility easements as requested, and contingent upon the subdivision
agreement including the recommendations as per Director Priebe's
memo. Seconded by Mr. Erickson, the motion carried unanimously.
(e) CONSIDERATION OF VARIANCE AS REQUESTED BY SUMIKO NELSON
Chairman Ebent opened the hearing at 8:10 p.m. with the reading of
publication #3448 as published in the Hutchinson Leader on Thursday,
August 8, and Tuesday, August 13, 1985. The request is for a 13.25
variance to allow the construction of an attached double garage 6'
from the frontyard property line on property located at 476 Bluff
Street North.
Chairman Ebent read staff's recommendation for approval based upon
unusual circumstances (steep hill), excessive boulevard width, and
the fact that there are no long range plans for sidewalk. Mr.
Torgerson commented that he had gone to look at the site and noted
the very high hill and the fact that most of the garage would not be
seen. He noted that this is the only lot served from the Bluff
Street side and that the other homes get to their garages from the
alley.
Chairman Ebent noted his concern that the Commission may be setting a
precedent by granting a variance to allow a garage 6' from the
frontyard property line. It was noted that similar variances have
already been granted.
•
Mr. Romo stated that he felt the situation was unique because of the
steep hill. He also stated that the wide boulevard would allow
enough room for off - street parking.
Julie Schaefer was present to state that the existing situation would
have to be corrected as the wall was giving way to allow rain and
snow to go run down into the house. She stated that maintenance was
a problem for her mother, Mrs. Nelson. They did not feel that put-
ting the garage in the back was a solution.
After discussion, Mr. Torgerson made a motion to close the hearing.
Seconded by Mrs. Young, the motion carried unanimously and the
hearing was closed at 8 :20 p.m. Mr. Romo made a motion to recommend
to City Council approval of the variance as requested. Seconded by
Mr. Torgerson, the motion carried unanimously.
4. OLD BUSINESS
(a) CONSIDERATION OF SKETCH PLAN AS SUBMITTED BY GEORGE HERBERT TO THE
COUNTY (WITHIN THE TWO MILE RADIUS)
Director Priebe explained that he recommended approval of the concept
of the sketch plan as it had been changed and was now being
presented. He stated that when the Preliminary Plat is presented
with more detail and contours they will be better able to review the
possible and water problems in the area. He noted that it would be
some time before this would come into the City, but that roadway
4
PLANNING COMMISSION MINUTES - 8/20/85
costs could be extensive.
After discussion, Mr. Torgerson made a motion to recommend approval
of the preliminary sketch plan, with all stipulations as listed by
Director Priebe. Seconded by Mr. Erickson, the motion carried unani-
mously.
(b) REVIEW OF MILLER TOWNHOUSE THIRD ADDITION
Director Priebe presented the layouts of this P.U.D. as it was
progressing. He noted some minor changes, as in the number of Units
per building (2 rather than 3).
5. NEW BUSINESS
(a) CONSIDERATION OF FINAL PLAT OF HASSAN HEIGHTS (WITHIN TWO MILE
RADIUS)
Director Priebe stated that they had completed the subdivision
agreement with Mr. Herb Filk (developer) and it would be recorded
with the final plat. He noted that this is the first such
subdivision agreement with a developer outside the City limits.
Mr. Torgerson made a motion to recommend approval of the final plat
as presented. Seconded by Mr. Hwang, the motion carried unanimously.
(b) DISCUSSION OF SIGN REQUEST BY HENNEN FURNITURE
• City Administrator Plotz explained that Hennen Furniture had
requested to put up a sign on their property on the south end of the
City (near the Prairie House south) advertising their downtown
business. As per City sign ordinance, the City had denied the
permit. He further explained that the letter from Hennen Furniture
explaining the request was to make the Planning Commission aware of
their disagreement with the policy.
(c) CONSIDERATION OF CONDITIONAL USE PERMIT REQUEST AS SUBMITTED TO THE
COUNTY BY JIM HEIKES (within two mile radius)
Director Priebe explained that Mr. Heikes is requesting a
conditional use permit to allow retail sales (furniture) in the B -1
Highway Business District. The land use 1s compatible with what the
City projects would happen in that area (C -4).
After discussion, Mr. Erickson made a motion to recommend that the
City state they have no objection to the land use (retail sales) as
proposed. Seconded by Mrs. Young, the motion carried unanimously.
(d) REVIEW OF PROPOSED PLANNING COMMISSION BUDGET FOR 1986
City Administrator Plotz presented the budget as proposed. After
review, Mrs. Young made a motion to accept the proposed budget.
Seconded by Mr. Romo, the motion carried unanimously.
(e) REVIEW OF SECTION FIVE (5) SUBDIVISION ORDINANCE #466
5
PLANNING COMMISSION MINUTES - 8/20/85
Director Priebe presented suggested changes for Section five.
6. ADJOURNMENT 0
There being no further business, Mr. Torgerson made a motion to adjourn
the meeting. Seconded by Mrs. Young, the motion carried unanimously and
the meeting was adjourned at 9;07 p.m.
•
0
11
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•
August 21, 1985
�o
City of Hutchinson
City Hall
37 Washington Ave. N.
Hutchinson, MN. 55350
Attn: Gary Plotz, City Administrator
r A t� 23��2Sc� —+
UG 1985 N
RECEIVED
1 v
68L95ti5'
RE: Industrial Revenue Bond, Preliminary resolution
Americ Inn Expansion Project, Hutchinson, MN.
Dear Gary,
This letter is written in response to conversations
with John Bernhaugen regarding the changes in Industrial
Revenue Bond funding regulations.
In light of the benefit for the city to maintain the
$500,000. allocation of Industrial Revenue Bond funding
I am willing at this time to discontinue my efforts
in placing the bonds for the Americ Inn in order to make
available the usage of the allocation for other potential
projects in Hutchinson.
Although I regret losing this method of financing, my
concern is that the pace of the project may jeopardize
the usage of the funds by another commercial- industrial
project which would be beneficial to all of us in the
city of Hutchinson.
I would ask that due to this release on my part, con-
sideration be given to the refund of the $1,000. deposit
and $850. auditor's fees.
Please advise if any additional documentation is required.
i *Wilhelmson i
11869 Evergreen Circle
Coon Rapids, MN. 55433
cc: John Bernhaugen
/0 -a l
M
BND- bethke
• August 22, 1985
•
RESOLUTION NO. 8107
RESOLUTION AUTHORIZING THE ISSUANCE OF
THE CITY'S $1,200,000 INDUSTRIAL DEVELOP-
MENT REVENUE NOTE (BETHKE PROJECT)
BE IT RESOLVED by the City Council of the City of
Hutchinson, Minnesota, as follows:
Section 1. Definitions.
1.01. In this Resolution the following terms have the
following respective meanings:
"Act" means the Minnesota Municipal Industrial
Development Act, Minnesota Statutes, Chapter 474, as
amended;
"Agreement" means the Loan Agreement, dated as of
August 11 1985, between the City and the Borrower;
"Asst nment" means the Assignment of Rents and
Leases,, dated of August 1, 1985, given by the Bor-
rower in favor of the Lender;
"Borrower" means collectively Larry Henry Bethke
and Sherry Lynn Bethke, their successors, heirs and
permitted assigns;
"Building" means the Building as defined in the
Agreement;
"City" means the City of Hutchinson,. Minnesota, its
successors and assigns;
"Costs of Construction" means those costs defined
as Costs of Construction in the Agreement;
"Disbursement Agreement" means the
Agreement, dated as of August 1, 1985, by
the City, the Borrower,
and the Lender;
Disbursement
and between
"Equipment" means the Equipment as that term is
defined in the Agreement;
"Holder" means the Lender and any subsequent
owner(s) of the Note;
- 1 -
lD -Q,
"Land" means the real property described in the
Mortgage; r
"Lender" means Citizens Bank 6 Trust Co., in
Hutchinson, Minnesota, its successors and assigns;
"Mortgage" means that certain Mortgage, Security
Agreement, and Fixture Financing Statement, dated as of
August 1, 1985, given by the Borrower in favor of the
Lender;
"Note" means the $1,200,000 principal amount
Industrial Development Revenue Note (Bethke Project),
dated as of the date of delivery thereof, issued by the
City to the Lender pursuant to the Resolution;
"Pledge Agreement" means the Pledge Agreement,
dated as of August 1, 1985, between the City and the
Lender;
"Project" means the Building and the Equipment to
be acqui— `reed, constructed, and installed upon the Land,
as defined in the Agreement;
"Resolution" means this resolution of the City
Council. •
Section 2. Findings.
2.01. It is hereby found and declared that:
(a) based upon representations made to the City by
representatives of the Borrower as to the nature of the
Project as described in the Agreement, the Project con-
stitutes a project authorized by the Act;
(b) the purpose of the Project is and the effect
thereof shall be to promote the public welfare by the
attraction, encouragement, and development of economic-
ally sound industry and commerce so as to prevent the
emergence of or to rehabilitate, so far as possible,
blighted and marginal lands and areas of chronic un-
employment, the retention of industry to use the avail -
able resources of the community in order to retain the
benefit of its existing investment in educational and
public service facilities, halting the movement of tal-
ented, educated personnel of mature age to other areas
and thus preserving the economic and human resources
needed as a base for providing governmental services and
facilities and more intensive development of land avail-
able in the community;
•
- 2 -
(c) the financing of the Project, the issuance and
• sale of the Note, the execution and delivery of the
Agreement, the Pledge Agreement, and the Disbursement
Agreement, and the performance of all covenants and
agreements of the City contained in the Note, the Agree-
ment, the Pledge Agreement, and the Disbursement Agree-
ment and of all other acts and things required under the
Home Rule Charter (the "Charter ") of the City and the
Constitution and laws of the State of Minnesota to make
the Note, the Agreement, the Pledge Agreement, and the
Disbursement Agreement valid and binding obligations of
the City in accordance with their terms are authorized
by the Act;
(d) it is desirable that the Note in the principal
amount of $1,200,000 be issued by the City upon the
terms set forth herein and that the City pledge its
interest in the Agreement and grant security interest
therein to the Lender as security for�he payment of the
principal of, premium, if any, and interest on the Note;
(e) the Loan Repayments provided in the Agreement
are fixed and are required to be revised from time to
time as necessary, so as to produce income and revenue
sufficient to provide for prompt payment of the princi-
pal of, premium, if any, and interest on the Note when
• due, and the Agreement also provides that the Borrower
is required to pay all expenses of the operation and
maintenance of the Land and the Project, including, but
not limited to, adequate insurance thereon and all taxes
and special assessments levied upon or with respect to
the Land and payable during the term of the Agreement;
(f) under the provisions of Minnesota Statutes,
Section 474.10, the Note is not to be payable from nor
charged upon any funds of the City other than the reve-
nue pledged to the payment thereof; the City is not
subject to any liability thereon; no Holder of the Note
shall ever have the right to compel any exercise of the
taxing power of the City to pay the Note or the interest
thereon nor to enforce payment thereof against any pro-
perty of the City; the Note, premium, if any, and in-
terest thereon shall not constitute an indebtedness of
the City within the meaning of any constitutional, Char-
ter or statutory limitation and shall not constitute or
give rise to a pecuniary liability of the City or a
charge against its general credit or taxing powers and
shall not constitute a charge, lien, or encumbrance,
legal or equitable, upon any property of the City other
than its interest in the Project;
- 3 -
(g) the execution and delivery of the Note, the
Agreement, the Pledge Agreement, and the Disbursement •
Agreement shall not conflict with or constitute, on the
part of the City, a breach of or a default under any
existing agreement, indenture, mortgage, lease, or other
instrument to which the City is subject or is a party or
by which it is bound; provided that this finding is made
solely for the purpose of estopping the City from deny-
ing the validity of the Note, the Agreement, the Pledge
Agreement, or the Disbursement Agreement by reason of
the existence of any facts contrary to this finding;
(h) no litigation is pending or, to the best know-
ledge of the members of this City Council, threatened
against the City questioning the organization or boun-
daries of the City or the right of any officer of the
City to hold his or her office or in any manner ques-
tioning the right and power of the City to execute and
deliver the Note or otherwise questioning the validity
of the Note or the execution, delivery, or validity of
the Agreement, the Pledge Agreement, or the Disbursement
Agreement or questioning the pledge of revenues to pay-
ment of the Note or the right of the City to loan the
proceeds of the Note to the Borrower;
(i) all acts and things required under the Charter •
and the Constitution and the laws of the State of Minne-
sota to make the Note, the Agreement, the Pledge Agree-
ment, and the Disbursement Agreement the valid and bind-
ing obligations of the City in accordance with their
terms shall have been done upon adoption of this Resolu-
tion and execution of the Note, the Agreement, the
Pledge Agreement and the Disbursement Agreement;
(j) the City, a municipal corporation and poli-
tical subdivision of the State of Minnesota, is duly
organized and existing under its Charter and the Consti-
tution and the laws of the State of Minnesota and is
authorized to issue the Note in accordance with the Act;
and
(k) the City shall allocate $1,200,000 of its
bonding authority to the issuance of the Note and
further certifies that the allocation of bonding
authority to the Note was not made in consideration of
any bribe, gift, gratuity, or direct or indirect contri-
bution to any political campaign.
Section 3. Authorization and Sale.
3.01. Authorization. The City is authorized by the Act
to issue revenue bonds and loan the proceeds thereof to .
- 4 -
business enterprises to finance the acquisition, construc-
tion,, and installation of facilities constituting a "proj-
ect," as defined in the Act, and to make all contracts,
execute all instruments, and do all things necessary or con-
venient in the exercise of such authority.
3.02. Preliminary CitX Approval. By resolution duly
adopted by the City Council on March 13, 1985, after a
public hearing held on that date, this City Council gave
preliminary approval to financing the the acquisition, con-
struction, and installation of the Project through the issu-
ance of the Note.
3.03. Approval of Documents. Pursuant to the fore-
going, there have been prepared and presented to the City
Council copies of the following documents, all of which are
now or shall be placed on file in the office of the City
Clerk:
(a) the Agreement;
(b) the Mortgage and the Assignment;
(c) the Pledge Agreement; and
(d) the Disbursement Agreement.
• The forms of the documents listed in (a) through (d) above
are approved, and the officers of the City are hereby autho-
rized to execute the same with such variations, insertions,
and additions as are deemed appropriate by such officials,
as evidenced by their execution thereof. The documents
listed in (b) above, being documents to which the City is
not a party, will not be executed by the City.
Section 4. Authorizations.
4.01. Upon the completion of the Agreement, the Pledge
Agreement, and the Disbursement Agreement approved in Sec-
tion 3.03 hereof and the execution thereof, the City offi-
cials are authorized to execute and deliver the Note, in
substantially the form approved in paragraph 5.01 hereof,
and the officers of the City are authorized to execute such
other certifications, documents, or instruments as Bond
Counsel shall require, and all certifications, recitals, and
representations therein shall constitute the certificates,
recitals, and representations of the City. Execution of any
instrument or document by one or more appropriate officers
of the City shall constitute and shall be deemed the con-
clusive evidence of the approval and authorization by the
City and the City Council of the instrument or document so
• executed.
- 5 -
Section 5. The Note. •
5.01. Form and Authorized Amount. The Note is hereby
authorized to be issued and s a e issued substantially in
the form presented to the City Council and set forth as
Exhibit A to this Resolution, with such appropriate varia-
tions, omissions, and insertions as are permitted or re-
quired by this Resolution, in the principal amount of
$1,200,000. The offer of the Lender to purchase the Note at
a price of par is found reasonable and is hereby accepted.
The terms of the Note are set forth therein, and such terms,
including, but not limited to, provisions as to interest
rate, dates and amount of payment of principal and interest,
and prepayment privileges, are incorporated by reference
herein. The Note shall in all events contain a recital that
it is issued pursuant to and in accordance with the Act.
5.02. Execution. The Note shall be executed on behalf
of the City y the manual signatures of the Mayor and the
City Administrator, which shall be attested by the manual
signature of the City Clerk, and shall be sealed with the
City's corporate seal, and the Certificate of Registration
shall be signed by the Note Registrar. In case any officer
whose signature shall appear on the Note shall cease to be
such officer before the delivery thereof, such signature •
shall nevertheless be valid and sufficient for all purposes.
5.03. Mutilated, Lost, and Destroyed Note. In case the
Note shall become mutilate or be lost or destroyed,, the
City shall cause to be executed and delivered a new Note of
like outstanding principal amount and tenor in exchange and
substitution for and upon cancellation of the mutilated Note
or in lieu of and in substitution for such Note lost or
destroyed, upon the Holder's paying the reasonable expenses
and charges of the City in connection therewith and, in case
the Note is destroyed or lost, filing with the City evidence
satisfactory to it of such loss or destruction.
5.04. Assignment. The Lender is hereby designated as
Note Registrar (the "Note Registrar ") and shall keep a Note
Register in which, subject to such reasonable regulations as
it may prescribe, the Note Registrar shall provide for the
registration of transfer of ownership of the Note. The Note
shall be initially registered in the name of the Lender and
shall be transferable upon the Note Register by the Lender
in person or by its agent duly authorized in writing, upon
surrender of the Note together with a written instrument of
transfer duly executed by the Lender or its duly authorized
agent in the following form:
CQ'
For value received hereby
• sells, assigns and transfers unto
the within Note of the City of Hutchinson, Minne-
sota, and does hereby irrevocably constitute and
appoint attorney to
transfer said Note on the books of the Note Regi-
strar with full power of substitution in the prem-
ises. The undersigned certifies that the transfer
be made in accordance with the provisions of the
Note Resolution of the City.
Upon such transfer the Note Registrar shall note the
date of registration and the name and address of the new
Holder of the Note in the Note Register and in the regi-
stration blank appearing on the Note.
5.05. Delivery and Use of Proceeds. Prior to delivery
of the Note, the ocuments referred to in Section 3.03 here-
of shall be completed and executed, and an original, exe-
cuted counterpart of each such document shall be delivered
to the Lender. The City shall thereupon deliver to the
Lender the Note in the principal amount of $1,200,000
together with a copy, duly certified by the City Clerk, of
this Resolution and such closing certificates as are re-
quired by Bond Counsel.
• Upon delivery of the Note and the above items to the
Lender, the proceeds of the Note shall be deposited in a
Construction Fund hereby created, to be maintained by the
Lender, and disbursement of such proceeds shall be made to
the Borrower in reimbursement of or to its order, for pay-
ment of costs of Construction pursuant to the provisions of
the Agreement and the Disbursement Agreement.
Any surplus in the Construction Fund shall be applied
toward prepayment of the Note as provided in the Agreement
and shall not be invested to produce a yield greater than
the yield on the Note as required by Internal Revenue Ser-
vice Revenue Procedures 79 -5 and 81 -22 and any regulations
amendments or modifications thereto; provided that if the
Lender receives an opinion of Bond Counsel that the exemp-
tion from federal income taxation of the interest on the
Note will not be jeopardized, the surplus funds may be in-
vested at a yield greater than the yield on the Note.
5.06 Issuance of New Note. The City shall, at the
request and expense of the Lender, issue new Notes, in an
aggregate outstanding principal amount equal to that of the
Note surrendered, and of like tenor except as to number,
principal amount, and the amount of the monthly payment
payable thereunder, and be registered by the Note Registrar
• in the name of the Lender or such transferee as may be des-
ignated by the Lender.
7
Section 6. Limitations of the City's Obligations. •
6.01 Notwithstanding anything contained herein or in
the Note, the Agreement, the Pledge Agreement, or the Dis-
bursement Agreement or any other documents referred to in
Section 3.03 hereof, the Note, the principal thereof, pre-
mium thereon, if any, and interest thereon and the Agree-
ment, the Pledge Agreement, and the Disbursement Agreement
shall not constitute any indebtedness of the City within the
meaning of any constitutional, Charter, or statutory limi-
tation and shall not constitute or give rise to a pecuniary
liability of the City or a charge against its general credit
or taxing powers and shall not constitute a charge, lien, or
encumbrance, legal or equitable, upon any property of the
City other than its interest in the Project, and no Owner of
the Note shall ever have the right to compel any exercise of
the taxing power of the City to pay the Note or the interest
thereon or to enforce payment thereof against any property
of the City other than its interest in the Project. The
agreement of the City to perform the covenants and other
provisions contained in this Resolution or the Note, the
Agreement, the Pledge Agreement, or the Disbursement Agree-
ment and the other documents listed in Section 3.03 hereof
shall be subject at all times to the availability of reve-
nues furnished by the Borrower sufficient to pay all costs •
of such performance or the enforcement thereof, and neither
the City nor any of its officers, employees, or agents shall
be subject to any personal or pecuniary liability thereon.
Section 7. City Representative.
7.01. The City Administrator and the Mayor of the City
are hereby designated and authorized to act on behalf of the
City as the City Representative and alternate City Repre-
sentative, respectively (as defined in the Agreement).
Adopted by the Hutchinson City Council on
1985.
Attest:
, City Clerk
MuM
Mayor
Exhibit A
(Form of Note)
No. R -1 $11200,000
STATE OF MINNESOTA
COUNTY OF MCLEOD
CITY OF HUTCHINSON
Industrial Development Revenue Note
(Bethke Project)
The City of Hutchinson, Minnesota (the "City "), hereby
acknowledges itself to be indebted and, for value received,
promises to pay to Citizens Bank & Trust Co., in Hutchinson,
Minnesota, or to its successors or registered assigns (the
"Lender" or "Registered Owner "), from the source and in the
manner hereinafter provided, the principal amount of ONE
MILLION TWO HUNDRED THOUSAND DOLLARS ($1,200,000) on the
dates and in the principal amounts hereinafter provided, and
the City further promises to pay to the Lender interest from
the date hereof on the outstanding portion of the principal
• amount hereof (the "Principal Balance "), until the same is
paid, at the rate of percent
(_%) per annum (the "Initial Interest Rate "), or at such
other rate or rates of interest determined as hereinafter
provided.
All payments due on this Note are payable on the first
day of each month, commencing September 1, 1985 (the "Pay-
ment Dates "), at the offices of the Lender, or at such other
place or places as the Lender may specify to the City and
the Borrower (hereinafter defined) in writing from time to
time, in any coin or currency of the United States of
America which on the date of payment thereof is legal tender
for public and private debts.
From the date hereof through the ' Payment
Date, interest only shall be paid. In addition to the
abovementioned interest, during the period commencing on the
date hereof and ending on , this Note shall
bear additional interest in the amount of $ (the
"Additional Interest "), which Additional Interest shall be
payable to the Lender in installments of $ on each of
the first five Payment Dates.
A - 1
From and
after
, the Principal Balance shall
•
be amortized
at the
Initial Interest Rate and paid in
A - 1
consecutive monthly installments payable on said date and on
each Payment Date thereafter to and including August 1, 2000
(the "Final Maturity Date "), at which time the Principal
Balance and all accrued and unpaid interest borne by this
Note shall be paid in full.
On August 1 of the years 1990 and 1995 (the "Interest
Rate Adjustment Dates "), the rate of interest on this Note
shall be adjusted to the sum of (a) one percent (1.00$) plus
(b) the interest rate payable on United States Treasury
Bills maturing in five (5) years issued most recently prior
to the applicable Interest Rate Adjustment Date. Upon a
change in the interest rate borne by this Note on each
Interest Rate Adjustment Date, the monthly payments shall be
accordingly adjusted to amortize the remaining Principal
Balance in equal monthly installments at said adjusted rate
of interest from the date of such adjustment to the Final
Maturity Date.
If the interest on this Note should become generally
subject to federal income taxation pursuant to a "Deter-
mination of Taxability" (as defined in the hereinafter de-
fined Agreement), the Lender may, at its option, elect (a)
to declare the entire unpaid Principal Balance and all un-
paid accrued interest on this Note to be immediately due and
payable in full or (b) to adjust the interest rate borne by
this Note to a variable rate equal to (i) the rate announced .
by the Lender as its Base Rate, as the same may fluctuate
from time to time, plus (ii) two percent (2.00$), effective
as of the Date of Taxability (as defined in the Agreement),
and if as a result of a Determination of Taxability, the
Lender elects option (b) above, the interest rate adjust-
ments provided in the preceding paragraph shall no longer
apply, and the monthly payment due on each Payment Date
shall be adjusted to an amount equal to the accrued interest
on the Principal Balance plus a principal amount equal to
the principal amount of each such monthly payment which
would have been payable by the Borrower hereunder if the
rate of interest in effect on the Date of Taxability had
remained in effect until the Final Maturity Date.
The Principal Balance of this Note is subject to
optional prepayment in whole or in part on any Payment Date,
at the option of the Borrower and upon thirty (30) days'
prior written notice by the Borrower to the City and the
Lender, at a price of par plus accrued interest to the date
of such prepayment.
This Note is subject to mandatory redemption upon the
occurrence of an Event of Default (as defined in the Agree-
ment), upon the Borrower's failure to comply with its obli-
gations following a Casualty to the Project (as provided in •
A - 2
the Agreement), upon the occurrence of certain transfers or
encumbrances of the Project (as provided in the Agreement),
and in the event that excess proceeds of this Note remain in
the Construction Fund following completion of the Project.
Each such mandatory redemption shall be at a price of the
Principal Balance of this Note and all accrued interest to
the date of redemption, except that a prior redemption
arising due to the availability of excess Note proceeds
shall be a redemption in part, to the extent of such pro-
ceeds.
In the event of prepayment of this Note, and except as
otherwise provided herein, the Lender shall apply any such
prepayment against the accrued interest on the Principal
Balance and then against the Principal Balance, and the
monthly payments due on this Note shall be accordingly
reduced to amortize the then remaining Principal Balance
over the remaining term hereof at the interest rate then in
effect.
This Note is the sole obligation of a duly authorized
issue designated as "Industrial Development Revenue Note
(Bethke Project)," dated as of the date of delivery thereof
(the "Note "), issued as a fully registered Note without
interest coupons in the principal amount of $1,2001000 pur-
suant to and in full conformity with Minnesota Statutes,
• Chapter 474 (the "Act "), and a resolution of the City Coun-
cil of the City, adopted on , 1985 (the "Note Reso-
lution"). The Note is equally and ratably secured by a
Mortgage, Security Agreement, and Fixture Financing State-
ment (the "Mortgage ") and an Assignment of Rents and Leases
(the "Assignment "), both dated as of August 1, 1985, exe-
cuted by Larry Henry Bethke and Sherry Lynn Bethke, husband
and wife (collectively, the "Borrower "), in favor of the
Lender. The Note has been issued to provide funds to the
Borrower to finance a portion of the cost of constructing a
53 room hotel facility in the City (the "Project ") pursuant
to a Loan Agreement, dated as of August 1, 1985, between the
City and the Borrower (the "Agreement "). All right, title,
and interest of the City in the Agreement, except for the
City's rights to indemnification and reimbursement of
expenses, have been pledged to the Lender pursuant to a
Pledge Agreement, dated as of August 1, 1985 (the "Pledge
Agreement "). The proceeds of the Note are required to be
placed in the Construction Fund established pursuant to the
Note Resolution, to be disbursed therefrom in accordance
with the terms and conditions of a Disbursement Agreement,
dated as of August 11 1985, by and between the Borrower, the
City, the Lender, and , a Minnesota
corporation (the "Disbursement Agreement ").
A - 3
The City, for itself, its successors, and assigns, here-
by waives demand, presentment, protest, and notice of dis-
honor.
The remedies of the Lender, as provided herein and in
the Mortgage, the Assignment, the Agreement, the Pledge
Agreement, and the Disbursement Agreement, are not exclusive
and shall be cumulative and concurrent and may be pursued
singly, successively, or together, at the sole discretion of
the Lender, and may be exercised as often as occasion there-
for shall occur, and the failure to exercise any such right
or remedy shall in no event be construed as a waiver or
release thereof. The Lender shall not be deemed, by any act
of omission or commission, to have waived any of its rights
or remedies hereunder unless such waiver is in writing and
signed by the Lender and then only to the extent specifi-
cally set forth in the writing. A waiver with reference to
one event shall not be construed as continuing or as a bar
to or waiver of any right or remedy as to a subsequent
event.
This Note may be transferred or exchanged, as provided
in the Note Resolution, only upon the Note Register kept by
Citizens Bank & Trust Co., as Note Registrar, for such pur-
pose, by the Lender in person or by its attorney duly
authorized in writing, upon surrender hereof together with a •
written instrument of transfer or exchange in the form
specified in the Note Resolution duly executed by the Lender
or such duly authorized attorney, and thereupon, at the
request and expense of the Lender, the City shall issue and
deliver in the name of the designated transferee or trans-
ferees a new Note or Notes of the same aggregate principal
amount, designation, maturity, and interest rate as the
surrendered Note and in any authorized denomination, all as
provided in the Note Resolution. The City and the Note
Registrar may treat and consider the Lender of this Note as
the holder and absolute owner hereof for the purpose of
receiving payment of or on account of the principal or
redemption price hereof and interest due hereon and for all
other purposes whatsoever.
The City and its authorized officials or agents shall
not be personally liable on this Note or for any act or
omission related to the authorization or issuance hereof.
The Note is a special and limited obligation of the
City, is payable solely from the revenues pledged therefor
pursuant to the Agreement and the Pledge Agreement, does not
constitute a debt of the City within the meaning of the
City's Home Rule Charter (the "Charter ") or of any consti-
tutional or statutory limitation whatsoever, does not con-
stitute or give rise to a pecuniary liability of the City or
A - 4
a charge against the general credit or taxing powers of the
City, and does not constitute a charge, lien, or encum-
brance, legal or equitable, upon any property of the City
other than the City's interest in the Project pledged to the
Lender pursuant to the Pledge Agreement. Neither the Lender
nor any other person shall ever have the right to compel any
exercise of the taxing power of the City to pay the prin-
cipal of or interest on the Note or to enforce payment
against any property of the City other than the property
pledged to the Lender as security for the Note pursuant to
the Pledge Agreement.
It is hereby certified and recited that the Project
constitutes a project within the meaning of Section 474.02,
Subdivision la, of the Act and that all conditions, acts,
and things required by the Charter and the Constitution and
laws of the State of Minnesota to exist, to have happened,
and to be performed precedent to or in the issuance of this
Note do exist, have happened, and have been performed in
regular and due form, time, and manner as required by law.
IN WITNESS WHEREOF, the City of Hutchinson, Minnesota,
has caused this Note to be duly executed by the manual
signatures of its Mayor and City Administrator; has caused
said signatures to be attested by the manual signature of
the City Clerk; has caused the official seal of the City to
• be impressed hereon; and has caused this Note to be dated
August 27, 1985.
ATTEST:
City Clerk
(SEAL)
CITY OF HUTCHINSON, MINNESOTA
A - 5
Mayor
City Administrator
CERTIFICATE OF REGISTRATION
It is hereby certified that at the request of the Reg-
istered Owner of the within Note the Note Registrar has this
date registered it as to principal and interest in the name
of such Registered Owner, as indicated in the registration
blank below, on the books kept by the undersigned for such
purpose:
Name of Registered Date of
Owner Registration
Citizens Bank &
Trust Co.
M i
Authorized Signature
of Note Registrar
0
•
•
Clerk Certificate
I, the undersigned, being the duly qualified and acting
Clerk of the City of Hutchinson, Minnesota, hereby certify
that I have carefully compared the attached and foregoing
resolution with the original thereof on file in my office
and further certify that the same is a full, true and com-
plete transcript therefrom, insofar as the same relates to
the approval of the issuance of a note of the City to
finance a commercial or industrial development project for
Larry Henry Bethke and Sherry Lynn Bethke.
I certify that Councilmember intro-
duced said resolution, Councilmember moved
its adoption, which motion was duly seconded y Council -
member , and upon roll call, the "Ayes,"
"Abstains" an 'Nays were as follows:
AYES ABSTAINS NAYS
Whereupon the resolution was declared duly passed and
adopted.
I further certify that said resolution was duly adopted
by the Hutchinson City Council on August 27 , 1985, at a
duly called and regularly held regular or special meeting
thereof.
WITNESS my hand officially as such Clerk and the corpo-
rate seal of the City this 28 day of August , 1985.
(SEAL)
City Clerk
Hutchinson, Minnesota
State of Minnesota )
County Auditor's Certificate
County of McLeod ) of Registration of Note
I, the undersigned, being the duly qualified and acting
County Auditor of McLeod County, Minnesota, hereby certify
that there has been filed in my office a certified copy of a
resolution adopted by the City Council of the City of
Hutchinson, Minnesota, on , 1985, authorizing the
issuance of the City's $1,200,000 Industrial Development
Revenue Note (Bethke Project), dated as of the date of
delivery thereof.
I further certify that said Note has been entered on the
register of obligations kept in my office as required by
Minnesota Statutes, Sections 475.62 and 475.63.
IN WITNESS WHEREOF, I have hereunto set my hand and
official seal on , 1985.
County Auditor
(SEAL)
McLeod County, Minnesota
•
REGULAR COUNCIL MEETING
August 27, 1985
WATER & SEWER FUND
cash advance for 8 day school
$150.00
• Kaye Link
Logis workshop
$ 3.98
Diane Olson
Logis workshop
25.10
Mn. Dept. Labor $ Ind.
fine
70.00
Blue Cross Blue Shield
Aug. $ Sept. med. ins.
2707.12
Canada Life Assurance Soc.
Aug. dental ins.
179.83
1st Bank of Mn.
parts
6.42
Firemans Fund Ins.
Sept. LTD ins.
47.68
Mn. Mutual Ins. Co.
Aug. $ Sept. life ins.
94.86
Mn. VAlley Testing
testing
86.50
No. Central Sec. AWWA
registration fees
65.00
State Treasurer
PERA
241.65
Water Products
rental $ supplies
98.82
Dorsey $ WHitney
legal services
12433.77
Consulting Eng. Diversified
engineering services
71,152.93
• BNT Implement
.
$ 76,023.66
CENTRAL GARAGE FUND
Meades 66 Station repairs & parts $ 62.00
Blue Cross Blue Shield Aug. $ Sept. med. ins. 426.86
Canada Life Ass. Society August dental ins. 28.31
• Firemans Fund Ins. Sept. LTD ins. 6.60
1st Bank of Mn. parts 46.36
Mn. Mutual Life Ins. Co. Aug $ Sept. life ins. 13.02
State Treasurer pera 42.55
$ 625.70
GENERAL FUND
*Robert Ringstrom
cash advance for 8 day school
$150.00
*Commissioner of Revenue
July arena sales tax
64.71
*Mn. State Treasurer
snowmobile reg. fees
232.00
*Mn. State Treasurer
boat registration fees
103.00
*McLeod County Treasurer
recording fees
44.00
Nancy Redetzke
city picnic
959.66
Howard Manthei
umpire
25.00
Malissa Minge
labor- concession stand
83.75
Cindy Theis
labor - concession stand
50.25
Tim Zackrison
tournaments
96.00
Joe Sic
custodial maintenance
27.00
Mark Schnobrich
equipment show
10.00
Orvis Wahl
materials for loader
61.00
Mn. Dept. Labor $ Industry
fine
70.00
Am. Planning Assn.
annual dues
105.00
• BNT Implement
part
205.57
Bailey Nurseries Inc.
trees
472.50
Creative Signs
sign
80.00
Davidsons
supplies
29.14
Elliotts Steack $ Chicken
meeting
112.50
-2-
• G P Technologies Inc.
supplies
$ 6.95
Hutch Com. Video Network
special council meeting
35.00
Hennepin Co. Chief of Police
officer survival course
165.00
Lynn Card Co.
supplies
37.90
Stadiums Unlimited Inc.
benches
999.00
ST. Croix Rec. Co.
net
433.63
Trautmans Lawn Service
fert /spray
500.00
MDRA
registration fees
30.00
STate Agency Revolving fund
administration fees
70.65
Gold Coin
meeting
54.23
Midwest Eng. Conf. & Exposition
registration fees
58.50
Acme Wash Inc.
car wash tokens
32.00
Am. Welding Supplies
welding gas
10.95
Blue Cross Blue Shield
AOg. -Sept. med. ins.
28,796.26
John Bernhagen
bal. on National conference
176.97
Coca Cola Bottling
concession supplies
711.50
Chamber of Commerce
coffee
6.99
Co. Treasurer
dl fees
123.50
Canada Life Ass. Society
Aug. dental ins.
1942.10
Dostal & Oleson Oil
solvent
10.25
ERickson Foods
concession food
747.79
Firemans Fund
Sept. LTD ins.
612.98
Gopher Athletic
supplies
59.33
HAVTI
work study student
33.58
Henrys Candy Co.
concession food
955.07
• Hutch Milk House
concession food
16.50
Hutch Community Hospital
laundry
14.85
Hutch Fire Dept.
training schools
924.00
Hutch Fire Dept.
1985 pension fund assessment
5500.00
Hutch Iron $ Metal
iron
6.80
Hutch Leader
advertising $ legal notices
406.23
Hutch Medical Center
Redman physical
135.00
ICMA Retirement Corp.
employer contribution
213.69
School Dist. 423
bldg. supervisor
1365.00
Ideal Shoe Shop
repairs
87.50
Jerabek Machine Shop
supplies
26.49
Johnson Super Valu
concession food
65.01
Joes Sport Shop
trophies
940.00
K Mart
supplies
69.29
MN. Mutual Life Ins.
Aug. -Sept. life ins.
982.70
Mankato Mobile Radio
repairs
251.25
Marilyn Swanson
2 video cassettes
23.30
McGarvey Coffee
police coffee
26.80
Peterson Bus Service
bus rental
440.00
State Treasurer
PERA
3827.15
James Schaefer
i month comp
1001.00
UBC
supplies
168.51
$ 56,082.28
•
•
-3-
BOND FUNDS
Bonds of 1977
Bonds of 1979
due to
$20,000.00
Bonds of 1982
Fire Hall Construction
due to
43,000.00
Bonds of 1983
Bonds of 1984
due to
100,000.00
Bonds of 1985
Bonds of 1979
due to
50,000.00
Bonds of 1983
due to
195,000.00
1984 Parking Bonds
Bonds of 1983
due to
30,000.00
1985 Tax Increment Bonds
Dorsey 4 Whitney
legal services
1493.79
•
Bonds of 1985
Dorsey & Whitney
legal services
1243.77
City of Hutchinson, general fund
adm. $ eng. fees
142,273.00
1981 Parking Bonds
1st State Bank of Brownton
Bennie Carlson contract payment
669.30
Library Construction Funds
DMO Inc.
library furnishings
27,731.00
P.M. Johnsons Inc.
library furnishings
12,514.82
Culligan
shelving
50.00
•
MUNICIPAL LIQUOR STORE FUND
Commissioner of Revenue
June sales taxes
4431.81
Commissioner of Revenue
July sales taxes
10,018.17
State Treasurer
PERA
163.93
City of Hutchinson
payroll
4342.16
State Treasurer
social security
280.54
State Treasurer
pera
169.12
City of Hutchinson
payroll
4324.07
State Treasurer
pera
165.96
State Treasurer
social security
275.30
Friendly Beverage Co.
beer
1607.85
Locher Bros.
beer
11,700.75
Triple G
beer
16,161.00
Twin City Wine Co.
liquor $ wine
3131.98
Griggs Cooper 4 Co.
liquor $ wine
892.30
Ed Phillips & Sons
liquor & wine
1826.11
Quality Wine $ Spirits
liquor $ wine
2434.66
Henrys Candy Co.
cigarettes & candy
870.41
Griggs Cooper $ C.o.
mix.
96.83
Ed Phillips $ Sons
mix
11.76
Northland Beverages
mix
420.60
Coca Cola Botting
mix
894.85
Bernicks Pepsi Cola
mix
105.00
Lenneman Beverages
beer $ mix
30,805.90
City of Hutchinson
payroll
4343.14
City of Hutchinson
utilities
53.27
Junker Sanitation
refuse pickup
97.50
Allen Office Products
cash reg. tape
48.50
• American Linen Supply
towel service
17.60
Hutchinson Telephone
phone service
72.93
UBC
hinges
40.00
Coast to Coast
bulbs $ supplies
23.13
Hutchinson Leader
advertising
85.63
Mn. Mun.Liquor STore Assn.
annual dues
200.00
Nationwide papers
bags
141.11
Ink Spots Inc.
forms
19.00
Hutchinson Utilities
electricity
769.61
Sprengler Trucking
freight charges
494.65
$ 101,536.23
•
(612) 587 -5151
CITY Of HUTCHINSON POR .YOUR INFO
• 37 WASHINGTON AVENUE WEST RWWIV
HUTCHINSON, MINN. 55350
August 22, 1985
F11
Phil Graves F4&G
Administrator HUTCHINSON COMMUNITY HOSPITAL Hwy 15 S. & Century Avenue co
Hutchinson, MN 55350 RE: Conflict of Interest /Dori Johnson ��.� +,s2\
Dear Phil:
I have been asked to comment on the possibility that
Dori Johnson's employment with Retirement Living Communities,
Inc. and her position as a member of the Hutchinson Community
Hospital Board constitutes a conflict of interest. I will
base my comments upon the following information:
1) Dori Johnson is currently a voting member of the Hospital
Board.
2) Dori Johnson had no business affiliation or association
with Retirement Living Communities, Inc. or Newell P. Weed
at any of the following times:
a. When the Hospital Board considered the sale of
hospital property to Retirement Living Communities,
Inc.
b. When the Hospital Board recommended the sale of
hospital property to Retirement Living Communities,
Inc. to the Hutchinson City Council;
C. When the Hutchinson City Council considered the sale
of hospital property to Retirement Living Communities,
Inc.;
d. When the Hutchinson City Council agreed to enter into
a purchase agreement for the sale of hospital property
to Retirement Living Communities, Inc.;
e. When the Hutchinson Planning Commission considered and
recommended the sale of hospital property to
Retirement Living Communities, Inc. to the Hutchinson
• City Council.
t
Phil Graves
August 22, 1985
Page Two
3) At the present time Dori Johnson
employed as Sales Representatives
Communities, Inc. The scope of ti
sale of living units in the
prospective purchasers. They are
basis.
and her husband are
for Retirement Living
►eir employment is the
proposed project to
paid on a commission
4) Retirement Living Communities, Inc. will not be directly
contracting with the City of Hutchinson or the Hutchinson
Community Hospital for future services.
5) Upon completion or partial completion of the project a
future homeowners association may independently contract
with the Hutchinson Community Hospital for the provision
of services to the project. Any such agreement will not
involve Retirement Living Communities, Inc. or any of its
employees.
6) Any future contracts between Retirement Living
Communities, Inc. and the city of Hutchinson will be
merely formalizations of agreements reached between It
Retirement Living Communities, Inc. and the city of
Hutchinson at a time when Dori Johnson and her husband
were not employees or Retirement Living Communities, Inc.
The holder of an elective or appointive public office
faces potential conflict of interest in both contract and
non - contract situations. The general rule is that any
official who has a personal pecuniary interest that may
conflict with the public interest in considering an official
action is generally disqualified from participating in the
action. This is particularly true where the members own
personal pecuniary interest is so immediate, particular, and
distinct from the public interest that he cannot be expected
to represent the public interest fairly in deciding the matter
at issue. In such a situation action may be taken validly if
the disqualified official does not participate in the action
and the action is approved by the requisite number of
non - interested votes. If a member in a non - contract situation
improperly votes or participates in the decision - making
process, such an action will not affect the result if the
requisite majority without the interested official takes the
action. On the otherhand, any ordinance, resolution, motion,
contract or other action for which a disqualified member votes
is void where the vote of the member is necessary to makeup
the number of votes ,required to take the action or necessary •
in order to'establish a quorum.
IL
0
Phil Graves
August 22, 1985
Page Three
The rules concerning participation of a disqualified
member in a contract situation are considerably harsher.
Minnesota Statutes forbid any public officer who is authorized
to take part in the making of a" sale, lease or contract to
voluntarily have a personal financial interest in the
transaction or personally benefit from it. The unlawful
interest statutes apply to all kinds of contracts /formal or
informal, for goods or for services. Any contract entered
into by a council or board having a member not authorized to
take part as a result of that members financial interest or
personal benefit is void. The contract is void even though
the interested member did not participate in the proceedings
and his vote was not essential to approval of the contract.
Given the above rules and the factual situation as
previously outlined, the question becomes whether Dori Johnson
has, through either her own employment or her husband's
employment, such a personal financial interest in Retirement
Living Communities, Inc. that such interest brings her within
the scope of the unlawful interest statutes. The majority of --
my analysis will be based upon contractual situation: In all
non - contractual situations any conflict of interest may be
solved by having Dori Johnson refrain from participating in
any discussion or vote dealing with Retirement Living
Communities, Inc. while she is employed by that organization.
The law is clear that the unlawful interest statutes
are prospective in nature. The fact that a public official
becomes employed by an organization or business during the
course of that public official's term of office does not
invalidate previous contracts or agreements with that business
even if the public official participated in the
decision - making process that awarded the contract. On this
basis I do not believe that any of the transactions that have
taken place to this date can be considered void since all
agreements and contracts are based upon Board and Council
action taken prior to Dori Johnson's employment with
Retirement Living Communities, Inc.
The validity of future contracts depends upon the
nature and extent of Dori Johnson's financial interest in
Retirement Living Communities, Inc. The Attorney General has
ruled that if a Council member is an employee of the
contracting firm and his /her salary or any other financial
• interest is not affected by the contract, the Council may
Phil Graves
August 22, 1985
Page Four
determine that no personal financial interest exists and that
the contract may be made and enforced. (A.G. Op.90 -F -5)
Whether or not Dori Johnson's financial interest with
Retirement Living Communities, Inc. is of such a degree that
it poses a problem to future contracts between the city and
Retirement Living Communities, Inc. appears to be a fact
question which must be answered by the governing body at the
time the contract is being considered. For the present, I do
not believe that Dori Johnson's affiliation with Retirement
Living Communities, Inc. constitutes a conflict of interest.
I do not feel that potential contracts between the Hutchinson
Community Hospital and a future homeowner's association would
constitute a personal financial interest to Dori Johnson.
Based upon my analysis of the situation, I would make
the following conclusions /recommendations:
1) Dori Johnson's current employment with Retirement Living
Communities, Inc. does not at the present time constitute
a conflict of interest.
2) If at anytime in the future the Hospital Board or the
City Council are required to consider or make policy that
would affect Retirement Living Communities, Inc., Dori
Johnson should refrain--f rom participation in such
considerations and should abstain from voting on any such
policies.
3) In the event future contracts between the hospital, the
city and Retirement Living Communities, Inc. are
contemplated, examination of Dori Johnson's financial
interest in her employment with Retirement Living
Communities, Inc. should be made. If a determination that
a conflict exists at that time, the contract may not be
made until Dori Johnson has either resigned her position
with Retirement Living Communities, Inc. or her membership
on the Hospital Board.
It should be understood that in the preceding analysis
I have considered only the question of whether a legal
conflict of interest exists. In many situations the public
may perceive a conflict of interest even though no legal
conflict exists. For example, a council may enter into a
contract with the son of a councilmember if the councilmember
has no financial interest in the contract. The councilmember •
Phil Graves
August 22, 1985
Page Five
may participate in the discussion and vote on the contract.
Even though such a procedure is acceptable, many members of
the public would perceive as a conflict of interest. Many
members of the public perceive any situation in which a
councilmember may find it difficult to be impartial as a
"conflict of interest ". Such situations should be left, not
to the law of resolution, but to the good sense of the parties
involved.
Sincerely yours,
CITY OF HUTCHINSON
By/ , "+
James Schaefer
itHutchinson City Attorney
JHS:dlp
cc: Mayor Stearns and the
Hutchinson City Council
n
U
• ADMINISTRATIVE
UPDATE
August 13, 1985 CITY OF HUTCHINSON ISSUE NO. 12
ITEMS FOR SEPTEMBER WORKSHOP
PRIORITY NO.
5 Personnel Policy Improvements - Presentation by Hazel Sitz
5 Civil Service Commission Policy Changes - Presentation by Dean O'Borsky
and Jim Schaefer
12 Builder's Handbook_- Presentation- by-Homer Pittman and Oary_Plotz
12 Developer's Handbook - Presentation by John Bernhagen
11 Truck Routes - Presentation by Marlow Priebe and Jim Schaefer
10 Proposed Changes On Voter Precinct Boundaries Presentation by Gary Plotz,
Ken Merrill and Jim Schaefer
PRIORITIES IMPLEMENTED TO DATE
1 Police Department Building Committee - Committee formed, members appointed,
regular meetings (next meeting August 27). Committee has selected an arch-
itect for preliminary layout; architect and committee chairman will make
formal report to City Council in mid- September.
6 Comprehensive Plan (Map) Change - Completed and adopted by Planning Commis-
sion and City Council.
19 POSSE (Police) Computer System - Hardware is installed, system is opera-
tional, several employees now trained, all supervisors and patrolmen fully
trained by January 1.
16 Capital Improvements Program - The 10 -year program and detail was maii &d `
out in February 1985. Marlow has already presented reports on many of'-the
1986 capital improvement projects.
TIES ITEMS
2 Hold Or Reduce Mill Levy (City Budget) To a large extent the informa-
tion has been gathered for the city budget and is in the process of being
compiled and summarized. We have established August 26 and 27 for review'
of budget requests. This would be a time to have this #2 priority impact
the city.
7 Revolving Loan Fund - Research has been completed and a report to the
City Council; a resolution establishing a future public hearing date
will be in the August 27 Council packet.
4 City Charter Commission - A report has been made to the City Council by
the City Attorney; Jim Schaefer awaits to know the size of the committee.
15 Airport Appraisals - Council approved the surveying of the property; sur-
veys completed on time by July 1, 1985; surveys were mailed to the State
appraisers on July 3; the City Attorney has provided the clear title opin-
ions to the State appraisers.
5 General Policy Handbook - Several policies have been approved; staff in-
vites some suggestions on policy areas or specific policies from the City_
Council. Few new suggestions to date; booklet can be printed whenever
we desire.
14 wrinkling Buildings - Some cost estimates have been received by Fire
Marshall; Fire Marshall has provided input to Community Development Cor-
poration; George Field has put implementation on "hold" to see if finan-
cial assistance (revolving loan fund) is approved by City Council.
17 Industrial Land - Annexation approved by City Council and Planning Commis-
sion; some land was purchased for -- potential - industrial sewage treatment
use (Boldt and Kadelbach properties). City is awaiting aerial photographs
from Marklund Corp, for layout purposes of an industrial park marketing
brochure.
ITEMS SCHEDULED FOR STUDY AUGUST - DECEMBER
8 Self- Insurance - We have contracted with Dwight Tange to do the feasi-
bility study. This item is behind schedule; however, Dwight has made our
1985 insurance renewal top priority, plus he has had some health problems.
I have sent a letter to Dwight on behalf of the City Council urging him
to move on this project.
13 Community Development - "Market Study" - The Board of Directors will be
considering at an upcoming board meeting the market study.
9 Employee Evaluations - I have initially met with Phil Graves on their
format. Hazel and I will be going out to the hospital to review their
format. We intend to check with Rollie Balke and also the League of
Cities. Evaluations to be completed by December 1.
TWO DAY OSHA INSPECTIONS COMPLETED
The OSHA representative, Debbie Peterson, made an unannounced two-day inspection of many
city facilities, including the water plant sewage treatment plant, parks department, main-
tenance operations, water towers, Civic Arena, airport, and fire department.
Ms. Peterson will be providing a written report within one week. We will forward a copy
of her findings to you for your information. The activities over the past two days in-
cluded items in the attached check list.
-2-
CLOSI f98�CONFERENCE:
1. apparent violations noted during the walk -ward investigation and related time
latkm to OSHA Stsndwds.
2 ined, with the employer representative, reaonablo abatement times. Addressed employ"
/0"Wam"atMt Ive dhagreameMs.
3. 1� Advised that citations and proposed penalties may be issued as a result of this investigation:
plained proposed penalty procedures.
4. Advised that a cover letter would accompany any citation and would contain further information.
5. icated that a followup investigation may be done and failure to abate penalties may be assessed
re is noncompliance.
B. 121,,4scussed the posting requirements for any citation and proposed penalties which may be issued.
7. xplained that 30-day progress reports and /or final accomplishment reports may be required.
8. L3 Advised the employer that he has 15 working days after receipt of the citation to contest any
pion of the citation or penalty.
9. EI, Discussed the merits of a company safety program and operating safety committee.
10. © 'Advised that Consultation Unit assistance may be available upon request.
11. ❑ Advised the employer additional information Is on back and In handouts.
The second purpose of this form is to furnish you, the employer, reminders of your rights and duties. Thee
rights and duties will be further explained in a cover letter which will accompany any citation you may
receive In response to this Investigation.
MM MOTA DEPARTMENT OF LABOR AND INDUSTRY
"a =i'
u.;^',.' OBHDIVISION
CHECKLIST
OCCUPATIONAL SAFETY AND HEALTH INVESTIGATION
ENTRY4F ESTABLISFMtENT:
1. 2roummod otedlntt ' so the senior ofBdaL
2. tie purpose of I* ML
S Ise ream Iruepeetbna
4. about y wIM OSHA.
4 for amployn npnaanted and determined how employee reprawipidve was elected.
M Cloaked H this Is a union or non-union shop.
7. Requested Gtfmoostion end AINd te OGHD•1 Form.
B. OSHA Poatm and raowduapMq; dismand and cakvlmd the LWDI rata.
i i. Chad" far ovuida mnae rpm ra
IM Inquired about postMle Veda aaereh and awned confider Iffy of thaw secrete
11. Disauwd the use of camera and monitoring equipment
12. Inquired about the presence of the employee repnamfy
ne in a doakV ooniererna
CONFERENCE:
the 1. the basks of the Minnesota OSHA Program.
2. ExPlelrnad the nature, secpe and purpose of this visit to the employer end employ"
3 1r� E?q>dYtad IMt h Is the ratporwbAlty of the ar ployer Lo furnish each ass ipfoyea whh oonatlan of
1 Is
1wrploymwd anti a plane of employment free from nee on d Irnrds
4. �J ExpieMrd to ties wnployee rapr aaaws w dma employees must comply aAW OSHA StertdaMs and
ii
/011 rinse, regulations and ordwa heed punuwrc to this ant which we appYeeble to the aeploy Wo
own
actions and conduct
S.. Explained to the employer and unpioyee representatives that any two of leases w. of
ampioyees due to safety effort an "r part (IA., compiairtia, ref11W to work due to he=ard, aec.)
1 could be construed as a discriminatory act under the OSH Law.
fL CJ Offered the opportunity to a tam. Including an employer representative and employee .
representative, to participate In the welk•wound k vardoetion. (Stressed no Uwe of pay for
employee Participation.)
7. Infomed inspection teem that employees may be interviewed during walk- wound.
8 Strewed the Importance of no taking durhq the walk word Investigation. _
.
WAL AROUND INVESTIGATION:
1
rights std dutiesk and proulectlan en I - dscrimi anion. Enoouag ca wm an workplace
0 m. and vwillad Information an exposure.
CLOSI f98�CONFERENCE:
1. apparent violations noted during the walk -ward investigation and related time
latkm to OSHA Stsndwds.
2 ined, with the employer representative, reaonablo abatement times. Addressed employ"
/0"Wam"atMt Ive dhagreameMs.
3. 1� Advised that citations and proposed penalties may be issued as a result of this investigation:
plained proposed penalty procedures.
4. Advised that a cover letter would accompany any citation and would contain further information.
5. icated that a followup investigation may be done and failure to abate penalties may be assessed
re is noncompliance.
B. 121,,4scussed the posting requirements for any citation and proposed penalties which may be issued.
7. xplained that 30-day progress reports and /or final accomplishment reports may be required.
8. L3 Advised the employer that he has 15 working days after receipt of the citation to contest any
pion of the citation or penalty.
9. EI, Discussed the merits of a company safety program and operating safety committee.
10. © 'Advised that Consultation Unit assistance may be available upon request.
11. ❑ Advised the employer additional information Is on back and In handouts.
The second purpose of this form is to furnish you, the employer, reminders of your rights and duties. Thee
rights and duties will be further explained in a cover letter which will accompany any citation you may
receive In response to this Investigation.
INFORMATION SHEET
1. In the event you ncaiva a dustion, read the citation "Corer Letter" carefully. It
eupWro your rights and obllgetlons under the Minnesota Ocapetlorrl Safety and
HeeM Act of 1973 in more detall.
2. Special attention should be paid to the paragraph on progress reports. Than are
necessary to keep the OSH Division infornrd of your program in completing the
a9gad violations.
3. If you have giwstiom corncrnkg the dtation, do not hesitate to all either the Ara
Office listed in the upper right -hand corner of the "Cover Latter' or the St. Paul
Office.
4. It any circurnWrM:es should aria such an dHflculty In the delivey of necessary
equipment or parts, strike, outride contractor oommltrnrhts aM, which prevents
conectioth of an alleged violation on or before the abatement data. notify the Ara
Office nest you (listed in the upper right -hand corner) in writing following that 2
MCAR 1.7290 "Petitions for Modification of Abatement Date" procedures.
6. It may literal you to know that dwe Is a Consultation Unit In the Minnesota
Department of Labor and Industry which an assist private employers In complying
with standards fat forth by the Act They may be corhtar by writing to:
Consultation Unit
Minnesota Department of Labor St Industry
411 Lafayatta Road
St. Paul, Minnesota 66101
OR
Phone: (612) 297 -2393
There is no charge for this service. Also, a all to this unit will not trigger a compliance
Inspection i it Is a separate agency of the Department of Labor arhd Industry.
10