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cp06-27-2000 cJUNE SUNDAY MONDAY TUESDAY 2000 -25- -26- -27- Noon — Hutchinson Safety Council Meeting at Heritage Center 7:00 am. — Leadership Team Mtg. HUTCHINSON in City Center Main Conf. Room 1:30 p.m. — Management Team in CITY Main Conference Room CALENDAR 4:00 p.m. — Open Bids for 4:30 p.m. — Library Board Meeting Composting Facility (Site Work/ WEEK OF at Library Sewer) in Council Chambers June 25- July 1 5:15 p.m. — Tree Board in City 5:30 p.m. - City Council Meeting Center Main Conference Room in Council Chambers 5:30 p.m. — Airport Commission at Airport Lobby WEDNESDAY THURSDAY FRIDAY SATURDAY -28- -29- -30- -1- CONFERENCE /SEMINAR/ T AININ /VA ATION 3:00 p.m. — Utilities Commission 6/27 -28 Dolf Moon (M) at Utilities Office C = Conference M = Meeting S = Seminar T = Training V =Vacation AGENDA REGULAR MEETING - HUTCHINSON CITY COUNCIL TUESDAY, NNE 27, 2000 K1x$j 14 1 I U 2. INVOCATION — Pastor Jonathan Rathjen, Peace Lutheran Church 3. MEVUTES — Regular Meeting of June 12, 2000 and Bid Opening of June 12, 2000 Action - Motion to approve as presented (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. FINANCIAL REPORT AND CERTIFICATES INVESTMENT REPORT FOR MAY 2000 PLANNING COMMISSION MINUTES OF MAY 16, 2000 0 3. HUTCHINSON AREA HEALTH CARE BOARD MINUTES OF MAY 16, 2000 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 00 -269 — AMENDING SECTION 10.31; MAINTENANCE OF PRIVATE PROPERTY TO CITY OF HUTCHINSON WEED ORDINANCE AND LAND MANAGEMENT PLAN (WAIVE FIRST READING AND SET SECOND READING) 2. ORDINANCE NO. 00 -277 — AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT A, ISLAND VIEW HEIGHTS SECOND ADDITION (WAIVE SECOND READING AND ADOPT) 3. RESOLUTION NO. 11497 — ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY 4. RESOLUTION NO. 11498 — RESOLUTION FOR PURCHASE 5. RESOLUTION NO. 11499 — RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES u (c) LICENSES FOR ANNUAL FALL FESTIVAL AT ST. ANASTASIA CATHOLIC CHURCH: ➢ GAMBLING LICENSE ➢ "ON SALE" 3.2 BEER LICENSE (d) LETTING NO. 10, PROJECT NO. 00 -24 (SOUTH GRADE ROAD SW); ASSESSMENT ROLL NO. 5042 ➢ RESOLUTION NO. 11513 —RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ➢ RESOLUTION NO. 11514 —RESOLUTION RECEIVING REPORT AND • CITY COUNCIL AGENDA — JUNE 27, 2000 WAIVING HEARING ON IMPROVEMENT ➢ RESOLUTION NO. 11515 —RESOLUTION ORDERING IMPROVEMENT AND AUTHORIZING NEGOTIATION OF CONTRACT ➢ RESOLUTION NO. 11516 — RESOLUTION AWARDING CONTRACT ➢ RESOLUTION NO. 11517 — RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ➢ RESOLUTION NO. 11518 — RESOLUTION WAIVING HEARING ON PROPOSED ASSESSMENT ➢ RESOLUTION NO. 11519 — RESOLUTION ADOPTING ASSESSMENT, ASSESSMENT ROLL NO. 5042 (e) PEDDLERS LICENSE FOR BRANDI SCHAFER, D.B.A. SHAFER'S SHAVED ICE (f) VACATION OF EASEMENTS FOR LOT 5, BLOCK 2 OF ISLAND VIEW HEIGHTS SECOND ADDITION AS REQUESTED BY WILLIAM GUGGEMOS WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11520) (g) VARIANCE TO CONSTRUCT DETACHED GARGE WITHIN FRONT YARD AS REQUESTED BY TIM SMITH WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11521) (h) CONDITIONAL USE PERMIT TO CONSTRUCT DUGOUTS IN FLOODWAY OF SOUTH FORK OF CROW RIVER AS REQUESTED BY CITY OF HUTCHINSON WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11522) W CONDITIONAL USE PERMIT TO UTILIZE EXISTING BUILDING IN IIC DISTRICT FOR A SCHOOL AS REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11507) (j) CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE GREATER THAN 30" WITHIN FRONT YARD SETBACK AS REQUESTED BY LANCE WIGGERT WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION 11505) (k) PRELIMINARY PLAT FOR 11 -LOT SUBDIVISION KNOWN AS BEAU RIDGE TO BE LOCATED AT 500 GOLF COURSE ROAD NW AS REQUESTED BY JEFF MUNSELL WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOLUTION NO. 11523) (1) CONDITIONAL USE PERMIT TO CONSTRUCT A TRANSMISSION LINE IN FLOODWAY OF SOUTH FORK OF CROW RIVER (REVISED ROUTE) AS REQUESTED BY HUTCHINSON UTILITIES COMMISSION (ADOPT RESOLUTION NO. 11508) (m) CONDITIONAL USE PERMIT TO CONSTRUCT Y PICKET FENCE IN FRONT YARD SETBACK AND A FENCE EXCEEDING 6' AS REQUESTED BY KEITH 0 CITY COUNCIL AGENDA — JUNE 27, 2000 EVENSON WITH FAVORABLE RECOMMENDATION WITH STAFF RECOMMENDATIONS (ADOPT RESOUTION NO. 11506) Action — Motion to approve consent agenda COMMUNICATIONS, REQUESTS AND PETITIONS (a) PRESENTATION OF PLAQUES TO SENATOR STEVE DILLE AND REPRESENTATIVE ROBERT NESS (b) PRESENTATION OF MAINTENANCE OPERATOR AWARD TO DOUG JOHNSON BY DIRECTOR BYRON HAYUNGA FROM MINNESOTA WASTEWATER OPERATORS ASSOCIATION (c) COMMUNICATIONS FROM STEVE COOK: I. REQUEST FOR CITY COUNCIL APPROVAL OF PETITION FOR HUTCHINSON CITY CHARTER AMENDMENTS 2. REQUEST FOR FORMATION OF A CHARTER COMMISSION 3. REQUEST FOR DETERMINATION OF ANY RESTRICTIONS ON USE OF PARK ELEMENTARY SCHOOL AND /OR PROPERTY 4. DISCUSSION ON NEW INFORMATION REGARDING THE $1 MILLION STATE GRANT 7. UNFINISHED BUSINESS -NONE 8. NEW BUSINESS (a) CONSIDERATION OF SETTING PUBLIC HEARING ON JULY 11, 2000 AT 6:00 P.M. REGARDING FRANCHISE PROPOSAL RFP APPLICATIONS FOR CABLE COMMUNICATIONS SYSTEMS SUBMITTED BY HUTCHINSON TELEPHONE COMPANY Action — Motion to reject — Motion to approve (b) CONSIDERATION OF AWARDING BID FOR 1942 AMERICAN LAFRANCE PUMPER FIRE TRUCK Action — Motion to reject — Motion to approve (c) CONSIDERATION OF ENTERING INTO WASTEWATER INFRASTRUCTURE FUND PROJECT GRANT AGREEMENT WITH MINNESOTA PUBLIC FACILITIES AUTHORITY, DEPARTMENT OF TRADE AND ECONOMIC DEVELOPMENT 0 Action — Motion to reject — Motion to approve and adopt Resolution No. 11500 0 CITY COUNCIL AGENDA — JUNE 27, 2000 (d) DISCUSSION OF PROJECT STATUS AND ENVIRONMENTAL REVIEW BY MPCA FOR LETTING NO. 1 AND 2, PROJECT NO. 00-01 AND 00 -02, SOUTH AREA TRUNK SEWER, PHASE 1 AND 2 Action - (e) CONSIDERATION OF LETTING NO. 6, PROJECT NO. 00 -17, MICHAEL COURT (T.H. 15 NE PORTION); ASSESSMENT ROLL NO. 5040 Action — Motion to reject — Motion to approve and adopt Resolutions No. 11501 & No. 11502 (f) CONSIDERATION OF LETTING NO. 7, PROJECT NO. 00 -20, SOUTH GRADE ROAD (DALE STREET TO SCHOOL ROAD) MSA PROJECT; ASSESSMENT ROLL NO. 5041 AND ACQUIRING RIGHT -OF -WAY Action — Motion to reject — Motion to approve and adopt Resolutions No. 11503, No. 11504 & No. 11505 (g) CONSIDERATION OF RESOLUTION NO. 11524 — RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR HOSPITAL PURPOSES Action — Motion to reject — Motion to approve and adopt Resolution No. 11524 (h) PETITION FOR LOCAL IMPROVEMENT; LETTING NO. 11, PROJECT NO. 00- 25 (MARKET STREET SW PROJECT) ➢ RESOLUTION NO. 11509 — RESOLUTION DECLARING ADEQUACY OF PETITION AND ORDERING PREPARATION OF REPORT ➢ RESOLUTION NO. 11510 — RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT ➢ RESOLUTION NO. 11511 —RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS ➢ RESOLUTION NO. 11512 — RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS. d u l . : ►1 (a) COMMUNICATIONS REQUEST FROM HUTCHINSON AREA HEALTH CARE TO APPROVE AMBULANCE PURCHASE Action — Motion to reject low bid and approve bid from North Central Ambulance 2. REQUEST TO CLOSE AIRPORT FOR AIR SHOW ON SEPTEMBER 23, 2000 Action — Motion to reject — Motion to approve n • CITY COUNCIL AGENDA — JUNE 27, 2000 3. APPROVAL OF PEDDLERS LICENSES: ➢ BRANDISCHAFER ➢ MARVIN R WILLHTfE Action — Motion to rej ect — Motion to approve 4. PARADE PERMIT FOR MINNESOTA GOLD WING MOTORCYCLE CLUB ON JULY 8, 2000 Action — Motion to reject — Motion to approve 5. REQUEST FROM KDUZ/KARP RADIO TO LOWER SPEED LIMIT ON HWY. 15 NORTH Action - (• (a) VERIFIED CLAIMS A & B Action — Motion to approve and authorize payment from appropriate funds 1 l 1;►ul 5 MINUTES • REGULAR MEETING — HUTCB INSON CITY COUNCIL MONDAY, JUNE 12, 2000 1. Mayor Marlin Torgerson called the meeting to order at 5:30 p.m. with the following members present: Mayor Marlin Torgerson, Council Members, Jim Haugen, John Mlinar, Kay Peterson, and Duane Hoversten. Also present: City Administrator, Gary D. Plotz; Director of Engineering, John Rodeberg; City Attorney, Marc Sebora; and Planning Coordinator, Holly Kreft. 2. Pastor Jonathan Rathjen presented the invocation. 3. MINUTES — Regular Meeting Minutes of May 23, 2000 were approved with the correction that Council Member Mlinar was absent Bid Opening Minutes of June 9, 2000 were approved as presented. (a) REPORTS OF OFFICERS, BOARDS AND COMMISSIONS 1. BUILDING OFFICIAL'S REPORT FOR MAY 2000 • 2. PARKS, RECREATION & COMMUNITY EDUCATION ADVISORY BOARD MINUTES OF MAY 4, 2000 3. LIBRARY BOARD MINUTES OF MAY 22, 2000 4. CIVIL SERVICE POLICE COMMISSION MINUTES OF MAY 12, 2000 (b) RESOLUTIONS AND ORDINANCES 1. ORDINANCE NO. 00 -269 — AMENDING SECTION 10.31; MAINTENANCE OF PRIVATE PROPERTY TO CITY OF HUTCHINSON WEED ORDINANCE AND LAND MANAGEMENT PLAN (WAIVE FIRST READING AND SET SECOND READING FOR JUNE 27, 2000) 2. ORDINANCE NO. 00 -274 — REZONING OF PROPERTY FROM R -1 TO C-4 LOCATED NORTH OF AIRPORT ROAD AND EAST OF TH 15 AS REQUESTED BY MENARD INC. (WAIVE SECOND READING AND ADOPT) 3. ORDINANCE NO. 00 -275 — REZONING OF PROPERTY FROM LOCATED NORTH OF EDMONTON AVENUE AND SOUTH OF BROLL'S THIRD ADDITION FROM R -1 TO R -2 AND R -3 AS REQUESTED BY DEVELOPERS RESOURCE COMPANY (WAIVE SECOND READING AND ADOPT) MY COUNCII. NE NUTFS - R NE 12, 2000 4. ORDINANCE NO. 00 -276 — REZONING FROM UC TO R -2 (106 MONROE STREET SE) AS REQUESTED BY TODAY'S PROPERTY MANAGEMENT • (WAIVE SECOND READING AND ADOPT) (c) DANCE PERMITS: • JOSE PALACIOS ON AUGUST 12 & AUGUST 26, 2000 • HUTCH TIGER 2000 ALL CLASS REUNION ON JULY 1, 2000 (WAIVE FEE) (d) SHORT -TERM "ON SALE" NON - INTOXICATING 3.2 BEER LICENSE ON JUNE 30 -JULY 2, 2000 FOR HUTCH TIGER 2000 ALL CLASS REUNION AT FAIR GROUNDS (WAIVE FEE) (e) TEMPORARY ON -SALE LIQUOR LICENSE ON JUNE 30 -JULY 2, 2000 FOR HUTCH TIGER 2000 ALL CLASS REUNION AT FAIR GROUNDS (WAIVE FEE) (f) TOBACCO LICENSE FOR POTTERS PASTIMES (g) OUT -OF -STATE TRAVEL FOR DIRECTOR RANDY DEVRIES TO ATTEND ANNUAL WATER CONFERENCE OCTOBER 14-18,2000 IN ANAHEIM, CA Motion by Peterson, second by Mlinar to approve the consent agenda except for item 2- (b) -1, Ordinance No. 00 -269 to be discussed at a later meeting. Motion carried unanimously. 5. PIMLIC HEARIN G - 6:00 P.M. (a) LETTING NOA, PROJECT NO. 00-01; SOUTH AREA TRUNK SANITARY SEWER — PHASE 1 (b) LETTING NO. 2, PROJECT NO. 00-02; SOUTH AREA TRUNK SEWER —PHASE 2 Mayor Torgerson called the hearings to order at 6:03 p.m. Rodeberg explained that the proposed projects are essentially the same, but in different phases. He stated the majority of the cost of the project was for construction of a lift station near the existing HATS facility. He explained that the first phase of the project was from the Wastewater Treatment Facility to Jefferson Street and included both sanitary and storm sewer. He further added that the second phase consisted of construction of the extension of Edmonton Avenue from TH 15 to Jefferson Street and only included sanitary sewer. He stated that the water main would also be extended to the frontage road proposed by Menard's. Rodeberg explained that the project had been delayed because the Environmental Assessment Worksheet (EAW) had yet to be reviewed by Minnesota Pollution Control Agency (MPCA). He added that the project is expected to commence in August or September and final completion for June, 2001. • F? CITY COUNCIL MINUTES - JUNE 12, 2000 • Ame Esterbrooks, Developers Resource Company, questioned the assessment procedure. Rodeberg explained that it was based on front footage. Hoversten moved to close both hearings at 6:17 p.m., Mlinar seconded the motion. Motion to close the hearing carved unanimously. Mhnar moved to approve and adopt Resolutions No. 11491, 11492, 11493 and 11494. Peterson seconded the motion. Motion carried unanimously. (c) PETITION TO VACATE DRAINAGE AND UTILITY EASEMENTS LOCATED IN OUTLOT A OF ISLAND VIEW HEIGHTS SECOND ADDITION Mayor Torgerson opened the hearing at 6:18 p.m. Rodeberg explained the vacation of the easements was necessary for recording of the final plat for Island View Heights 5` Addition. Mlinar moved to close the hearing at 6:19 p.m. Peterson seconded the motion. Motion to close the hearing carried unanimously. Hoversten moved to approve and waive the first reading of Ordinance 00 -277 and set the second hearing for June 27, 2000. Haugen seconded the motion. Motion carried unanimously. lufull►1 �♦ 1 4 ZI X111j 314 Mr. ►11 Y 6 Lei ► (a) PRESENTAION BY JEFFREY J. BLOOM REGARDING INTERNET GAMING PARTY AT FAIR GROUNDS ON AUGUST 4 & 5, 2000 Mr. Bloom distributed handouts. He gave a brief history of the proposed parry and a synopsis of the events. He stated that the group which would be holding this party would be a non -profit group. He requested funds from the City of Hutchinson; however, the City Attorney stated that the City was allowed to donate money only to established non- profits and in his opinion, this request did not qualify. Hoversten stated that Ridgewater College may be a more appropriate location due to the existing facilities. (a) CONSIDERATION OF DEFERRING RESCUE VEHICLE BID OPENING UNTIL SPRING 2001 Brad Emans, Fire Chief, presented an update on the proposed purchase and sales of rescue vehicles. He stated that the bids received on the purchase of a new vehicle were more than $40,000 over the allocated funds available; therefore, the Committee was asked to research ways to reduce the cost. He also added that no bids had been received on the 1988 rescue vehicle and two bids were received on the 1948 vehicle. • 3 Motion by Mlinar, second by Peterson to defer the bid opening and purchase of a new . vehicle until a later date. EW►1 VAA.16M 10 OW (a) CONSIDERATION OF REQUESTS FROM HUTCHINSON AREA CHAMBER OF COMMERCE FOR THE 26 ANNUAL ARTS & CRAFTS FESTIVAL TO BE HELD SEPTEMBER 15 & 16, 2000 • USE OF LIBRARY SQUARE PARK FOR EXHIBITORS • CLOSING OF DESIGNATED STREETS AND MUNICIPAL PARKING LOTS • RESERVE ALL CONCESSION RIGHTS IN DOWNTOWN AREA AND CONTROL OF FOOD EXH1131 TORS FOR TASTE OF HUTCHINSON Motion to approve by Mlinar, seconded by Haugen. Motion carved unanimously. (b) CONSIDERATION OF AWARDING BID LETTING NO. 7, PROJECT NO. 00-20, SOUTH GRADE ROAD (DALE STREET TO SCHOOL ROAD) MSA PROJECT Rodeberg explained that the bid opening was held on Friday, June 9, 2000. He stated that the bids received are actually lower than the engineer's estimate. He also added that since the project was scheduled to be completed prior to commencement of school in the fall, the assessment hearing would be held at a later date. Motion by Hoversten to approve and adopt Resolution No. 11495, second by Peterson. • Motion carried unanimously. (c) CONSIDERATION OF RENAMING WAL -MART FINAL PLAT Rodeberg explained that the renaming was necessary to record the plat with the County Recorder. Mlinar moved to approve and adopt Revised Resolution No. 11453, Haugen seconded. Motion carried unanimously. (d) CONSIDERATION OF CITY COUNCIL MEETING BROCHURE WITH PROCEDURE AND PRACTICES Plotz explained that the City of Minnetonka had a similar brochure available for their Council meetings. Mayor Torgerson suggested sending the finalized brochure with the utility billings so that constituents could follow the brochure while watching the meeting on the local cable station. Mlinar moved to approve, Hoversten seconded. Motion carried unanimously. 4 CITY COUNCIL MINUTES - JUNE 12, 2000 (e) CONSIDERATION OF OBTAINING A REQUEST FOR PROPOSAL FOR PREPARATION OF COMMUNITY CENTER PREDESIGN PROPOSAL Plotz explained that as part the $1 million grant received from the Department of Trade and Economic Development (DTED), a pre -design was needed prior to a request for proposals. He added that this could be local individuals and suggested requiring that the persons or persons preparing the pre- design utilize outside source, such as the City of Minnetonka. Mlinar questioned the timeline for this project. Plotz replied that a purchase agreement would need to be in place. Hoversten moved to approve, Mlinar seconded the motion. Motion carried unanimously. T, i . u (a) COMMUNICATIONS FROM HUMAN RESOURCES COORDINATOR BRENDA EWING Ms. Ewing presented an update as to the status of the pay equity valuation. She displayed a list of proposed markets that the consultants would be comparing to the City of Hutchinson. The list included both counties and cities based on geographic proximity and comparable population size. (b) COMMUNICATIONS — PETITION FOR PORTION OF LEWIS AVENUE TO BECOME A ONE -WAY Rodeberg explained history of the request. Stephanie Ziems, 900 Lewis Avenue, stated that 21 of the 24 residents had signed the petition. She added that the residents would like to see the one -way be east to west. Rodeberg added that staff was in agreement with this request. (c) REVISED ASSESSMENT ROLL NO. 5039 FOR LETTING NO. 6, PROJECT 00-12 Rodeberg explained reasons for revising the assessment roll. Peterson moved to approve Revised Assessment Roll No. 5039, Haugen seconded the motion. Motion carried unanimously. Mlinar moved to have staff draft a resolution for the next meeting, Peterson seconded the motion. Motion carried unanimously. (d) COMMUNICATIONS FROM MAYOR The Mayor stated that a workshop had been held to review the results of the Community Needs Task Force survey, and that an additional meeting may be needed. He also added • E CITY COUNCIL. NC24UrES - NNE 12, 2000 that a group would be viewing Minnetonka's Community Center on June 20. Anyone wishing to join this group should contact the City Administrator. i (e) COMMUNICATION FROM COUCII, MEMBER PETERSON Peterson stated that two citizens had been chosen for the Pioneerland Library Hall of Fame. (f) COMMUNICATIONS TO SET WORKSHOP DATES Plotz stated that a workshop was requested by the Police Chief, Steve Madson as follow - up for a survey that the Council completed. Motion by Mlinar, second by Peterson to set a date of July 11, 2000 at 4:00 p.m. for this workshop. Motion carved unanimously. 1 N : 1�� � ' Y � ► : ►I � � ►Y Y:: M Iu 1 �Y (a) VERIFIED CLAIMS A & B Motion by Haugen, second by Mlinar to approve the verified claims A and authorize payment from appropriate funds. Motion carried with Hoversten abstaining. Motion by Mlinar, second by Hoversten to approve the verified claims B and authorize payment from appropriate funds. Motion carried unanimously. Plotz added that another workshop would be set at a later date for the Motor Pool Operation. There being no further business, the meeting adjourned at 6:38 p.m. 6 MINUTES BID OPENING MONDAY, JUNE 12, 2000 Fire Chief Brad Emans called the bid opening to order at 3:30 p.m. Emans dispensed with reading the advertisement for sale of a 1942 American LaFrance- Foamite fire truck and a 1988 refurbished Pierce Arrow fire truck. The following two bids were received for the 1942 American LaFrance/ #2332. George Nelson Hutchinson, MN $511.00 Vernon Marshall Pierz, MN $3,500.00 The bids were referred to the Fire Department for review and a recommendation. No bids were received for the 1988 Pierce Arrow/ #2337. 0 The meeting adjourned at 3:38 p.m. u N • • $9,995,709.30 E q(a) -r CERTFWATES OF DEPOSrT 22-Jun-00 Nap 31, 2000 Date Date Interest Of Of Institution Description Rate Purchase Maturity Amount TREAS BONDS 644136 7.18% 12!12191 211512001 364,500.00 Snr81 Barney GNMA 665M7 6.70% 9/04/97 9/042002 200,000.00 Smith Barney 313400 S H 7 717% 04/03/00 04/03/03 300,071.92 Smith Barney FHLB 3133m2 -u3 6.015% 02105/98 02105103 300,000.00 Prudential pool 336914 7.226% 1231 96 0201 2026 168,935.62 Expected life 62 years (89,729.94) Smith Barney FNMA 6.100% 01 20 98 01 2005 300,000.00 Prudentail pool 336399 7.270% 1231 96 0201 2026 161,617.93 Expected life 4.1 years (57,055.93) Citizens, Marquette 4.00% 0425196 061012001 100,000.00 Firstate, First Minnesota Prudential Fed Home Laos 6.00% 0128/98 0728A3 200.000.00 Smith Barney FNMA 6.13% 03/10/99 03/10/06 500,000.00 Smith Barney FNMA pass thru 7.50% 12!20/95 06/01102 206,371.04 REPAYMENT (144,201.10) Prudential Fed Home Loan 6.00% 10/26/01 10 /26/01 399,625.00 Citizens Bank 29872 6.17% 04/13/00 06/15/00 500,000.00 First Federal 411258714 6.75% 05112/00 10/12/00 400,000.00 Marquette 29852 5.81% 091699 091300 400,000.00 Citizens Bank 29866 5.550% 081399 081500 400,000.00 Braemar 90381 5.35% 07 29 99 07 28 00 400,000.00 First Federal 6296 6.60% 031600 061500 600,000.00 Prudential FHL 5.79% 11 1898 11 1805 199,750.00 Call 2/18199 and therafter Marquette 6.29% 021100 02 15 01 200,000.00 Smith Barney Money Market 6.16% 04 14 00 06 09 00 1,285,824.76 First Federal 6379 6.250% 03 01 00 07 28 00 200,000.00 Marquette 5.95% 0211 00 07 1300 500,000.00 Citizens Bank 297 5.850% 02 10 00 061500 1,000,000.00 Marquette 1231 '297 6.260% 01 28 00 01 3001 1,000,000.00 $9,995,709.30 E q(a) -r 2000 CITY OF HUTCHINSON FINANCIAL REPORT 20Q0 MAY 1999 2000 2000 2000 2000 MAY REVENUE REPORT - GENERAL MAY MAY MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAGE MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 0.00 154,370.67 (154,370.67) 0.00 1,852,448.00 1,852,448.00 0.00% LICENSES 790.00 560.00 2,883.33 (2,323.33) 21,585.00 34,600.00 13,015.00 62.38% PERMITS AND FEES 35,819.97 41,424.79 20,516.67 20,908.12 89,243.72 246,200.00 156,956.28 36.25% INTERGOVERNMENTAL REVENUE 37,553.37 11,542.33 207,511.08 (195,968.75) 36,462.70 2,490,133.00 2,453,670.30 1.46% CHARGES FOR SERVICES 114,277.31 89,636.56 96,648.42 (7,011.86) 281,973.38 1,159,781.00 877,807.62 24.31% FINES 8 FORFEITS 4,065.32 6,496.61 5,000.00 1,496.61 21,439.81 60,000.00 38,560.19 35.73% INTEREST 8,265.12 2,480.37 4,250.00 (1,769.63) 60,020.94 51,000.00 (9,020.94) 117.69% SURCHARGES - BLDG PERMITS 1,796.99 2,555.38 41.67 2,513.71 3,206.70 500.00 (2,706.70) 641.34% CONTRIBUTIONS FROM OTHER FUNDS 7,847.57 9,801.80 101,662.50 (91,860.70) 199,926.80 1,219,950.00 1,020,023.20 16.39% REIMBURSEMENTS 29947.45 8,603.20 9,060.42 (457.22) 18,045.34 108,725.00 90,679.66 16.60% SALES 0.00 0.00 0.00 0.00 1,500.00 1,500.00 TOTAL 240,363.10 173,101.04 601,944.75 (428,843.71) 731,904.39 7,224,837.00 6,492,932.61 10.13% r I • • 0 2000 CITY OF HUTCHINSON FINANCIAL REPORT x000 MAY 1998 2000 2000 2000 2000 MAY EXPENSE REPORT - GENERAL MAY MAY MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAOE MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING WED MAYOR & COUNCIL 5,547.80 4,024.90 4,983.25 (958.35) 19,070.62 59,799.00 40,728.38 31.86% CITY ADMINISTRATOR 15,319.30 17,534.10 17,142.83 391.27 87,029.79 205,714.00 118,684.21 42.31% ELECTIONS 0,00 105.90 1,058.33 (952.43) 105.90 12,700.00 12,594.10 0.83% FINANCE 20,713.00 23,864.90 28,981.17 (5,118.27) 145,864.42 347,774.00 201,909.58 41.64% MOTOR VEHICLE 11,657.40 11,816.20 12,157.75 (341.55) 60,409.10 145,893.00 85,483.90 41.41% ASSESSING 0.00 0,00 2,758.33 (2,758.33) 0.00 33,100.00 33,100.00 0.00% LEGAL 7,819.90 8,299.20 7,708.33 590.87 39,402.96 92,500.00 53,097.04 42.80% PLANNING 11,049.80 11,019.70 10,048.58 971.12 50,522.29 120,583.00 70,060.71 41.60% INFORMATION SERVICES 0,00 4,937.70 5,140.17 (202.47) 22,479.30 61,682.00 39,202.70 38.44% POLICE DEPARTMENT 151,219.90 173,716.80 139,477.67 34,239.13 711,880.37 1,673,732.00 961,851.63 42.53% SCHOOL LIAISON OFFICER 4,394.80 7,764.60 8,911.17 (1,146.57) 35,026.81 106,934.00 71,907.19 32.76% EMERGENCY MANAGEMENT 10.70 163.20 333.33 (170.13) 252.69 4,000.00 3,74731 6.32% SAFETY COUNCIL 0.00 0.00 20.83 (20.83) 0.00 250.00 250.00 0.00% FIRE DEPARTMENT 12,614.00 14,161.20 22,567.08 (8,405.88) 58,987.95 270,805.00 211,817.05 21.78% FIRE MARSHAL 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00% PROTECTIVE INSPECTIONS 10,530.80 13,707.50 12,496.42 1,211.08 62,806.79 149,957.00 87,150.21 41.88% ENGINEERING 29,203.60 31,842.60 30,291.00 1,551.80 147,789.54 363,492.00 215,702.46 40.88% STREETS & ALLEYS 58,149.90 52,567.30 55,288.67 (2,721.37) 275,084.20 663,464.00 388,399.80 41.46% STREET MAINTENANCE A/C 19,347.60 9,792.30 8,735.00 1,057.30 87,588.57 104,820.00 17,231.43 83.56% CITY HALL 5,217.30 9,667.70 8,909.50 758.20 50,196.27 106,914.00 56,717.73 48.65% PARK/REC ADMIN. 17,098.50 11,182.70 13,155.33 (1,972.83) 60,272.58 157,864.00 97,591.42 38.16% RECREATION 16,337.40 14,052.20 18,371.83 (4,319.63) 63,873.41 220,462.00 156,588.59 28.97% SENIOR CITIZENS CENTER 5,720.20 6,787.20 8,556.92 (1,769.72) 32,430.21 102,683.00 70,252.79 31.58% CIVIC ARENA 8.154.50 13,171.80 19,960.67 (6,788.87) 124,762.83 239,528.00 114,765.17 52.09% PARK DEPARTMENT 98,504.30 64,894.70 60,051.83 4,842.87 275,119.50 720,622.00 445,502.50 38.18% RECREATION BUILDING & POOL 4,189.70 8,864.60 8,539.17 325.43 42,278.94 102,470.00 60,191.06 41.26% LIBRARY 1,600.40 1,913.20 9,734.67 (7,821.47) 53,974.39 116,816.00 62,841.61 46.20% CEMETERY 18,420.90 15,660.30 8,227.50 7,432.80 49,584.42 98,730.00 49,145.58 50.22% DEBT SERVICE 700.00 0.00 7,806.08 (7,806.08) 4,704.50 93,673.00 88,968.50 5.02% AIRPORT 2,739.90 4,438.60 4,812.50 (373.90) 28,946.23 57,750.00 28,803.77 50.12% TRANSIT 8,585.40 1,373.60 0.00 1,373.60 32,525.43 0.00 (32,525.43) #DIV /01 COMMUNITY DEVELOPMENT 0.00 0.00 0.00 0.00 0.00 0.00 0.00 #DIV/01 UNALLOCATED 9,827.00 27,872.10 65,843.83 (37,971.73) 99,551.93 790,126.00 690,574.07 12.80% TOTAL 554,674.00 586,196.80 602,069.75 (36,872.95) 2,722,501.94 7,224,837.00 4,502,335.06 37.68% u i 2000 • CITY OF HUTCHINSON FINANCIAL REPORT • MAY 1999 2000 2000 REVENUE REPORT - GENERAL MAY MAY MONTHLY OVER (UNDER) YEAR TO ADOPTED BALANCE ERCENTAGE MONTH MONTH BUDGET BUDGET DATE ACTUAL BUDGET REMAINING USED TAXES 0.00 0.00 154,370.67 (154,370.67) 0.00 1,852,448.00 1,852,448.00 0.00% LICENSES 790.00 560.00 2,883.33 (2,323.33) 21,585.00 34,600.00 13,015.00 62.38% PERMITS AND FEES 35,819.97 41,424.79 20,516.67 20,908.12 89,243.72 246,200.00 156,956.28 36.25% INTERGOVERNMENTAL REVENUE 37,553.37 11,542.33 207,511.08 (195,968.75) 36,462.70 2,490,133.00 2,453,670.30 1.46% CHARGES FOR SERVICES 114,277.31 89,636.56 96,648.42 (7,011.86) 281,973.38 1,159,781.00 877,807.62 24.31% FINES d FORFEITS 4,065.32 6,496.61 5,000.00 1,496.61 21,439.81 60,000.00 38,560.19 35.73% INTEREST 8,265.12 2,480.37 1,250.00 (1,769.63) 60,020.94 51,000.00 (9,020.94) 117.69% SURCHARGES - BLDG PERMITS 1,796.99 2,555.38 41.67 2,513.71 3,206.70 500.00 (2,706.70) 641.34% CONTRIBUTIONS FROM OTHER FUNDS 7,847.57 9,801.80 101,662.50 (91,860.70) 199,926.80 1,219,950.00 1,020,023.20 16.39% REIMBURSEMENTS 29,947.45 8,603.20 9,060.42 (457.22) 18,045.34 108,725.00 90.679.66 16.60% SALES 0.00 0.00 0.00 0.00 0.00 1,500.00 1,500.00 0.00% TOTAL 240,363.10 173,101.04 601,944.75 (428,843.71) 731,904.39 7,224,837.00 6,492,932.61 10.13% General Govt. 77,324.50 91,270.30 98,886.25 (7,617.95) 475,080.65 1,186,659.00 711,578.35 40.04% Public Safety 178,770.20 209,513.30 183,806.50 25,706.80 868,954.61 2,205,678.00 1,336,723.39 39.40% Streets d Alleys 106,701.10 94,202.20 94,314.67 (112.47) 510,442.31 1,131,776.00 621,333.69 45.10% Parks& Recreation 151,605.00 120,886.40 138,370.42 (17,504.02) 652,711.86 1,660,445.00 1,007,733.14 39.31% Miscellaneous 40,273.20 49,344.60 86,689.92 (37,345.32) 215,312.51 1,040,279.00 824,966.49 20.70% TOTAL 554,674.00 565,196.60 602,069.75 (36,872.95) 2,722,501.94 7,224,837.00 4,502,335.06 37.68% 1 inuw i Cp HUTCHINSON PLANNING COMMISSION Tuesday, May 16, 2000 CALL TO ORDER 5:30 P.M. • The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olsen, Dean Kirchoff, Dave Westlund, Jim Haugen and Jeff Jones. Absent: Brandon Fraser. Also present: Julie Wischnack, AICP, Director of PlanninglBuikiinglZoning; Holly Kraft, Planning Coordinator and Marc Sebora, City Attorney. 2. CONSENT AGENDA Mr. Haugen moved to approve the minutes as submitted. Mr. Jones seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF REZONING OF PROPERTY LOCATED NORTH OF PROPOSED EDMONTON AVENUE AND SOUTH OF BROLL'S 3 1O ADDITION AS REQUESTED BY DEVELOPERS RESOURCE COMPANY Chairman Arndt opened the hearing at 5:33 p.m. with the reading of publication 116167 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Wischnack explained that the current property owner was the Hoernemann Trust. She added that this property had been recently annexed. She reminded the Commission that property annexed into the City automatically was zoned R -1, Low Density Residential. She presented that proposed sketch plan which indicated single - family homes on the east side of the property and higher density housing on the west. Ms. Wischnack explained the difference between R -1 (Low Density Residential) and R -2 (Medium Density Residential). She explained that the minimum lot size requirements for R -1 was • 10,000 square feet versus 8,400 square feet for R -2. She added that the area north of the proposed R -2 zone is currently zoned R -2B and clarified that the "B" indicated that this area was platted prior to 1988. Gary Knudsen, 130 Orchard Avenue, questioned what other developments in the City were also zoned R -2. Ms. Wischnack replied that the recent development of Bridgewater 2n Addition was rezoned to R -2. She also added that the majority of the residential zoning in the City is R -2. Mr. Jones questioned if the Comprehensive Land Use Plan had been changed following the public hearing for Broll's 3'" Addition. He added that he recalled that a 'buffer° zone had been created south of the existing homes of Schmidtbauer's 0 Addition. Ms. Wischnack explained that there was a buffer area shown on the Comprehensive Land Use Plan and referred the Commission to the map in the staff report There was discussion relative to the intent of creating the buffer zone. Mr. Haugen stated that he felt it was created to alleviate traffic congestion along Century Avenue, but with the extension of Denver Avenue and Edmonton Avenue, this would not be a concern. Marty Campion, Otto Associates project engineer, stated that he believed the intention was for the first phase of the development to be single family homes. He also added that the developer would be willing to have a single row of homes on north and east side of the development remain R -1. Forrest Cravens, 325 Jefferson Court, and Thomas Byrne, 330 Jefferson Circle, questioned how drairge would be addressed. Mr. Campion replied that the drainage plans had not yet been finalized. Ms. Wischnack explained that another public hearing would be held to discuss the preliminary plat and that the drainage plans would be reviewed at that time. Mr. Jones moved to close the hearing at 5:46 p.m. Mr. Westlund seconded the motion. The motion • carried unanimously. Mr. Jones moved to approve the rezoning except for the perimeter lots on the north (east of Sherwood Street) and east sides which shall remain R -1. Mr. Westund seconded the motion. Motion to approve, based on guidance of the comprehensive plan and consistency with existing surrounding zoning, carried unanimously. Minutes Planning Commission — May 16, 2000 Page 2 b) CONSIDERATION OF REZONING OF PROPERTY LOCATED NORTH OF AIRPORT ROAD AND EAST OF TH 15 FROM R -1 (LOW DENSITY RESIDENTIAL) TO C-4 (FRINGE COMMERCIAL) REQUESTED BY MENARD'S Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6157 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Wischnack explained that this property also was currently owned by the Hoememann Trust. She displayed the location map and preliminary plat layout. She explained that the lot for the proposed Menard's building would be approximately 21 acres. She explained the proposed route of the Edmonton Avenue extension. She added that the plan indicated 395 parking spaces and that this number met the requirements for a fumituretwarehouse facility. She added that the frontage road would be privately built. Ms. Vftchnack displayed photographs of other Menard stores. She added that staff was concerned that the fagade of the building should compliment other stores in the area as this would be a gateway to the City. There was discussion as to the facades and fencing types of the other Menard stores. Ms. Wischnack added that staff recommended that signage also compliment other signage in the area, for example the County Fair Marketplace monument sign. Mr. Haugen asked for clarification of fencing height requirements and if the Ordinance addressed maximum heights. Ms. Wractxradc explained that there was not a maximum height limit for fencing, but any height over six feet would need to meet Building Code. Mary Prochaska, Menard Inc., explained the facade construction of the other stores. He stated that Menard's had planned to construct a building with precast concrete panels similar to stores in Elk River and Mankato. He also added that the proposed building would have two exits. Mr. Olsen questioned if the proposed building would be a scaled -down version. Mr. Prochaska stated that it would be a standard size building. 0 Mr. Arndt stated that he would like to see wider driveways to allow more room for trailers. Mr. Prochaska stated that he agreed, but that many cities required a maximum width of 30 feet. Ms. Wischnack stated that she would research the requirements. Donald Sitz, 1570 Bradford Street, stated that he had concerns regarding the snowmobile Vail and landscaping adjacent to his property. He added that he had met with representatives from Menard's earlier and his concerns were addressed. Mr. Haugen moved to dose the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the rezoning. Mr. Haugen seconded the motion. Motion to approve carried unanimously. c) CONSIDERATION OF A PRELIMINARY PLAT FOR A 4-LOT SUBDIVISION TO BE LOCATED NORTH OF AIRPORT ROAD AND EAST OF TH 15 AS REQUESTED BY MENARD'S Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6157 for the conditional use permit as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Wischnack explained the request with :he rezoning Mr. Haugen moved to dose the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the preliminary plat with the following conditions: lighting design ale the new street must incorporate City lighting standards (acorn style); lots within the plat must be one acre in size; construction plans for stone water and streets must be submitted and approved by the City Engineer (this shall include construction details for turn lanes, Edmonton Avenue and the new street); exeartlon of a subdivKWs agreement must coincide with the final plat; appropriate utility easements 4(o)Z monies Planning Comm scion — May 16, 2000 Pegs 3 rrxmt be dedicated. Mr. Jones seconded the motion_ Motion to approve with listed conditions carried unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR OUTDOOR STORAGE OF MATERIAL AS REQUESTED BY MENARD'S (NORTH OF AIRPORT ROAD AND EAST OF TH 15) Chairman Arndt opened the hearing at 5:47 p.m. with the reading of publication #6158 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Wischnack explained the request with the rezoning. Mr. Haugen moved to dose the hearing at 6:09 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following conditions: the fence surrounding the outside storage area must be 100% opaque; the plantings must be installed within three months of the certificate of occupancy for the building; the fence detail is provided on the plans as a 14 foot high structure with 2' X 8' vertical wood siding; the fagade of the building must be similar to the Maple Grove store; and signage must be similar to those in the area. Mr. Olsen seconded the motion. Mr. Kirchoff moved to amend his motion to include the conditions that the fagade be submitted and that driveway curb cuts be wider, if possible. Mr. Olsen seconded the amendment. Motion to approve with the amended conditions carried unani nously. e) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A UTILITY TRANSMISSION LINE IN THE FLOODWAY AS REQUESTED BY THE HUTCHINSON UTILITIES COMMISSION (SECTION 8 OF HASSAN VALLEY TOWNSHIP) Chairman Arndt opened the hearing at 6:15 p.m. with the reading of publication #6159 as published in the Hutchinson Leader on Thursday, May 4, 2000. • Ms. Kreft presented the request and explained the governmental agencies that have jurisdiction over the proposed transmission line. She added that the conditional use permit required by the City is only for those poles which will be located in the floodway. Mr. Haugen asked what the extent of the floodway was in this area. Ms. Kreft replied that this would need to be researched, and that it will be addressed by staff once a topographic survey is made available. Mr. Jones questioned the amount of vegetation that would need to be removed. Ms. Kreft again stated that this information was not yet available. Mr. Kurchoff questioned what the food proofing measures entailed. Ms. Kreft replied that the Building Official had indicated to her that only substantial structures require fkxxi proofing and that this would be reviewed if a building permit application is made. Richard Schieffer, legal counsel for Hutchinson Utilities Commission, presented information. He stated that the Utilities Commission had reviewed the staff report and was in agreement with the recommended conditions. Mr. Haugen moved to close the hearing at 6:25 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve with the following conditions: any permits required by other agencies shall be obtained and copies of such permits provided to the City; plans or documents certifying that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area; any topographic surveys shall be made available to the City Planning Staff for review, prior to construction; and relocation of the line relative to this request shall be made by written documentation to the City Planning Staff. Mr. Kirchoff seconded the motion. Motion to approve with the listed conditions carried unanimously. • f) CONSIDERATION OF REZONING FROM I/C (INDUSTRIAL/COMMERCIAL) TO R -2 (MEDIUM DENSITY RESIDENTIAL) AS REQUESTED BY TODAY'S PROPERTY MANAGEMENT FOR PROPERTY LOCATED AT 106 MONROE ST. SE L4(q) z Minutes Planning Commission — May 16, 2000 Page 4 Chairman Arndt opened the hearing at 6:28 p.m. with the reading of publication #6160 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Kreft presented the request and displayed a map showing the exist zoning of the area. She state that the property currently has a non - conforming residence on it and in order for the property owne to do any structural alterations or additions, it would need to be rezoned. She stated that the area was originally rezoned to the I/C District in 1978. She added that the lot directly to the south had been rezoned from UC to R -2 in 1992. Mr. Westlund questioned what could be done to the residence if it were not rezoned. Ms. Kreft replied that no extensions or additions would be allowed as well as structural alterations. Bob Sandstede, representing Today's Property Management, discussed the use of the lot He stated that the lot to the west was previously used as Hutchinson Iron and Metal, but that the lot in question had always been used as a residence. Ms. Kraft stated that staff had been contacted about the possibility of using the adjacent lot as an antique shop. She added that this would not be an allowed use in the R -2 District, but would be allowed by a conditional use permit in the I/C District. Christine Haefner, Today's Property Management, stated that the potential buyer for that lot has decided not to purchase it. Mr. Olsen questioned if residentialty zoned areas abutting industrial and commercial areas was common. Ms. Wischnack replied that lt was somewhat common, especially in the older areas of the City such as this. Mr. Haugen stated that he felt this area was better utilized as residential. Mr. Haugen moved to dose the hearing at 6:40 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the rezoning. Mr. Westlund seconded the motion. Motion to approve the rezoning carved 5-1 with Chairman Arndt voting against. • g) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30' IN THE FRONT YARD SETBACK AS REQUESTED BY JOHN EWERT (795 COLORADO STREET) Chairman Arndt opened the hearing at 6:43 p.m. with the reading of publication 66161 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Kroft presented the request and displayed a sketch showing the proposed fence location. She explained the maximum height allowed within the front yard setback was 30'. She added that the proposed fence would be similar to a wrought iron fence and that staff had recommended approval. Mr. Ewert stated that he had planned to construct the fence outside of the 6' easement located on the southern property line. He added that the fence would be approximately 54° in height. Mr. Westlund moved to close the hearing at 6:45 p.m. Mr. Jones seconded the motion. The motion carved unanimously. Mr. Kirchoff moved to approve the conditional use permit with the condition that if the proposed fence is built within any easement, the property owner shall be responsible for repair needed for any fencing damaged during the maintenance or improvement of the utilities within the said easement. Mr. Olsen seconded tha, motion. Motion to approve with the above conditi:.n carved unanimously. h) CONSIDERATION OF A 6 VARIANCE TO CONSTRUCT AN ADDITION FOR OFFICE SPACE WHICH DOES NOT MEET THE REQUIRED SETBACK OF 30 FEET AS REQUESTED BY ALLIED MECHANICAL (340 MICHIGAN STREET SE) . Chairman Arndt opened the hearing at 6:46 p.m. with the reading of publication #6152 as published in the Hutchinson Leader on Thursday, May 4, 2000. 4 (o) Z Mlnuie5 Planning Commission - May 16, 2000 Page 5 Mr. Kirchoff excised himself from the Commission because he would be representing Abed Mechanical. Ms. Kreft presented the request and displayed an overhead showing the proposed additions. She stated • that the addition would be for office space that is currently located in a temporary mobile home. She added that staff recommended approval of the variance. Mr. Kirchoff stated that they had reviewed the proposed conditions by staff and that they felt the conditions could be met. Mr. Olsen asked when Allied Mechanical planned to start construction. Mr. Kirchoff replied that they hoped as soon as possible. Mr. Eric Knutson, owner of Lynn Card, asked if the storage would be removed. Mr. Kirchoff replied that all of the current material stored outside is going to be stored inside the addition. Mr. Jones moved to close the hearing at 6:52 p.m. Mr. Westlund seconded the motion. The motion carried unanimously. Mr. Jones moved to approve with the following conditions: paving of the parking lot shall be completed prior to the issuance of a Certificate of Occupancy and that outdoor storage must be addressed either by fencing or storage in the new addition. Mr. Olsen seconded the motion. Motion to approve with the list conditions carried 5-0-1. i) CONSIDERATION OF A VARIANCE TO REDUCE THE REQUIRED FRONT YARD SETBACK FROM 30 FEET TO 5 FEET FOR A 60'x 200' COMMERCL4L BUILDING AS REQUESTED BY RICHARD MCCLURE (945 5'" AVENUE SE) Chairman Arndt opened the hearing at 6:54 p.m. with the reading of publication #6163 as published in the Hutchinson Leader on Thursday, May 4, 2000. Ms. Wischnack explained the request. She stated that the City was not interested in vacating the easements in Arch Street at this time. • Mr. Kirchoff asked if Arch Street was a minimum maintenance road. Ms. Wischnack replied that it was not and that a stone water pond may be placed in the vacated street. She also added that the current parking lot is gravel and due to the significant slope in the area, there was a large amount of runoff to the Crow River. She also added that silt fencing had been installed and would need to remain in place at least until the parking lot is paved. Ms. Wischnack stated that currently there are materials stored on City property which will need to be removed immediately. Mr. Jones stated that he felt a better process could be written in the Ordinance regarding vacated streets. Mr. Haugen questioned if the parking lot needed to be paved immediately. Ms. Wischnack stated that due to the proximity of the Crow River, staff felt that paving should be done as soon as possible. Mr. McClure stated that the building he had constructed last year was completed late last fall and there had not been time to pave the parking lot. He also added that the outdoor storage was construction material that would be removed as soon as the proposed project was complete. Mr. Arndt asked Mr. McClure if he intended to use Arch Street as access. Mr. McClure replied that he did not. Mr. Westlund moved to close the hearing at 7:03 p.m. Mr. Kirchoff seconded the motion. The motion cared unanimously. Mr Kirchoff moved to approve the variance request with the following conditions: remove alL:outside storage items or apply for a conditional use pen rQ; sift fencing must remain until the soil is stabilize'` and pavement of the lots completed; and paving of the parking lot must be completed prior to the issuance of a certificate of occupancy. Mr. Kirchoff seconded the motion. Motion to approve with the listed conditions carved unanimously. • j) CONSIDERATION OF A CONDITIONAL USE PERMIT FOR GRADING WITHIN THE FLOODWAY OF THE SOUTH FORK OF THE CROW RIVER FOR CONSTRUCTION OF A 10' BITUMINOUS TRAIL AS REQUESTED BY THE CITY OF HUTCHINSON (NORTH OF SHOPKO) Chairman Arndt opened the. hearing at 7:05 p.m. with the reading of publication #6164 as published in VCc�2. Minutes Planning Commission - May 16, 2000 Page 6 the Hutchinson Leader on Thursday, May 4, 2000. Ms. Kreft presented the request and displayed photographs showing the area of the proposed trail. Th Commission discussed the trail route. Mr. Haugen moved to close the hearing at 7:06 p.m. Mr. Jones seconded the motion. The motion carved unanimously. Mr. Kirchoff moved to approve with the following conditions: sift fencing must installed during construction and restoration of the slope must be completed before silt fencing may be removed. Mr. Westlund seconded the motion. Motion to approve with listed conditions carried unanimously. 4. NEW BUSINESS a) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY HOERNEMANN TRUST (SECTION 7 OF HASSAN VALLEY TOWNSHIP) Ms. Wischnack explained that since the Hoememann Trust was still one parcel, a lot split was needed. Mr. Westlund moved to approve the lot split. Mr. Jones seconded the motion. Motion to approve carved unanimously. b) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY CURTIS AND JANEL REITER (760 CENTURY AVENUE SW) Ms. Kreft explained the request and displayed the survey showing the proposed split. She added that since this was in the I/C District, there were no minimum lot dimensions. Mr. Westlund moved to approve the lot split. Mr. Olsen seconded the motion. Motion to approve carried unanimously. 0 5. OLD BUSINESS a) DISCUSSION OF HOME OCCUPATION REVISIONS TO ZONING ORDINANCE Ms. Wischnack stated that staff had received many requests asking about home occupations. She added that the current regulations probably do not are feasible and should be changed. She asked the Commission their feelings of pursuing amendments to the home occupation language in the Ordinance. Mr. Kirchoff moved to have staff draft possible changes to the home occupation language in the Ordinance. Mr. Jones seconded the motion. Motion carried. b) DISCUSSION OF ZONING OF SOUTH GRADE ROAD AREA NEAR DALE STREET (COMMERCIAL AND RESIDENTIAL MIX) Ms. Wischnack explained that in this newly annexed area there was a unique mix of residential and commercial properties. She gave the example of a cabinet shop with one employee who can not currently expand the business because it is a non - conforming use. John Slyter, the business owner, stated that he was assessed as property and felt this was unfair since -he could not expand this use. Ms. Wischnack stated that staff felt that many of the uses in the area would be too commercially intense to qualify as home occupations. She did suggest that this could be made a special zoning di$t�t similar to the I/C in which all of the uses would be only conditionally permitted. 6 There was discussion of what some the possible regulations for such a district could be. Mr. Slyter stated that he felt it was important that there be a limit on the number of employees. Mr. Jones suggested that the size of the business buildings could be proportionate to the size of the lots. L4 W 9 Planning Commission — May 16, 2000 Pape 7 6. COMMUNICATION FROM STAFF • Ms. Kreft presented the tentative agenda for June. 7. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 7:25 p.m. Mr. Westlund seconded the motion. Motion carried. • • 4 (0)2 HUTCHINSON AREA HEALTH CARE REGULAR BOARD OF DIRECTORS •: MEETING 1 Hospital — Conference Room 1 ' P resent : Paulette Slanga, Chairperson; Bob Peterson, Vice Chairperson; Steven Snapp, Secretary; Pastor Randy Chrissis, Trustee; Duane Hoversten, Trustee. Absent: Wayne Fortun, Trustee; (excused) Dr. Jim Allen, Chief of Staff/Trustee (excused). Others Present Phil Graves, President; Robyn Erickson, Care and Program Support Division Director; Jane Lien, Acute Care Division Director, Pat Halverson, Community Care Programs and Services; Pam Larson, Finance, Information and Material Services Division Director; Linda Krentz, Burns Manor Nursing Home Administrator; Elaine Schermann, Quality Consultant; Tom O'Connor, Vice President, Regional Health Services, Allina; Bill Abel, Colliers/ Towle Realty; and Corrinne Schlueter, Recorder. Chairperson Slanga called the meeting to order at 5:33 PM. I. Minutes of Past Meetings. The minutes of the April 18, 2000, were presented and discussed. • Following discussion, motion by Chrissis, seconded by Hoversten, to approve • the minutes of the April 18, 2000, meeting. All were in favor. Motion carried. Il. Medical Staff Meeting Minutes_ and Credentialing. In Dr. Allen's absence, Graves reported on the activities of the Medical Staff Executive Committee. Modifications to the Nurse Midwife Privilege List were requested to reflect that the nurse midwives would be turning care of the infants over to the physicians directly following delivery. Credentialing recommendations were made for the following practitioners: Initial; Carrie Bach PA Student, Dassel Medical Center David M. Olson MD Courtesy (Dassel and ER) Voluntary Resignation: Noelle Dowling MD Courtesy, ER John Dean MD Active, Anesthesiology • Following discussion, motion was made by Snapp, seconded by Hoversten, to grant membership and privilege to the above listed practitioners as Board of Directors Meeting — May 16, 2000 Page two • recommended by the Executive Committee of the Medical Staff. All were in favor. Motion carried. II. Old Business A. Mall Purchase Bill Abel, from Colliers/Towle Realty, was at the meeting to provide an update on the negotiations with Krause Anderson regarding the purchase of the Plaza 15 Mall. He reported the appraisal, on the property, was almost finalized and that once it is complete, dialogue would resume with Kraus Anderson. Attorney, Dick Schiefer, has recommended a small work group be formed consisting of representation from HAHC and the City to work with Able and he (Schiefer) on the negotiations as well as dealing with other concerns on the possible acquisition. Slanga appointed Peterson and Snapp to serve as work group members. Hoversten will serve as a representative from both the Hospital and Council. The group will report their recommendation to the board at the next meeting. IV A. Market Research U ate Graves reported it has been two years since we updated information on our market place. Staff would recommend hiring the firm of Maureen Swan Consulting, to refresh the information on our market. Graves reported the anticipated cost of this project is $20,000. • • Following discussion, motion was made by Snapp, seconded by Chrissis, to authorize hiring the firm of Maureen Swan Consulting, at a cost of $20,000. All were in favor. Motion carried. B. Floor at Bums Manor. The board reviewed a capital expenditure request to replace the floor and cabinets at BMNH in the dining room. The half wall will also be extended to offer more privacy for resident activities. The floor is a safety issue according to the State of Minnesota survey conducted earlier this year. The cabinetry is in need of repairs and new cabinetry will better fit the needs for resident activities. Following discussion, motion was made by Hoversten, seconded by Peterson, to authorize staff to bid the project. All were in favor. Motion carried. C. Fourth Quarter Safety_Renort Halverson narrated the Fourth Quarter Safety Report. Some of the findings are: • There were four Hutchinson Area Health Care employee exposures, two at Burns Manor Nursing Home and two at the hospital. FM Board of Directors Meeting — May 16, 2000 Page three • One exposure was from a cut with a blade and the other three were all needle -stick exposures. There were no non - employee exposures during the Fourth Quarter. • The total number of Blood/Body Fluid (BBF) exposures for 1999 was 13, which is two less than the 1998 total of 15. • Patient/Visitor Slips/Falls, Fourth Quarter 1999 Acute Care - Year end figures showed falls decreased from 51 in 1998 to 45 in 1999. Mental Health — Year -end figures showed falls increased from 10 in 1986 to 16 in 1999. Bums Manor Nursing Home — A downward trend was seen in total falls in 1999 of 401 compared to 492 in 1998. There is a Security Subcommittee which meets quarterly. • Radiation Safety — Film monitoring badges reviewed and found to be within acceptable limits. • Hazardous Materials — One incident reported at BMNH by an alert employee. Odor in Laundry Room caused by water being shut off to washers causing chlorine gas to form. Immediately corrected problem by making a mechanical change to equipment to prevent this type of incident from happening again. • • Hazardous Wastes — Wastes that have been accumulating over some time that cannot be land- filled have been identified and collected; bids are being sought for pick -up of this waste. Chairperson Slanga asked for the Governing Board Response to this Fourth Quarter Report. • Following discussion, motion was made by Snapp, seconded by Peterson, to approve the report of the Safety Committee. All were in favor. Motion carried. D. Day Treatment Contract. Graves reported in December 1999, we recommended, for approval, three of the five contracts for McLeod County. Two of the contracts needed more discussion. We have reached agreement with McLeod County for a 3% increase, effective January 1, 2000, for the provision of Day Treatment services to the clients of McLeod County. Last year, 70% of our funding, for the program, came from McLeod County. Following discussion, motion was made by Chrissis, seconded by Snapp to approve the Day Treatment Contract as presented. All were in favor. Motion carried. • 3 Board of Directors Meeting — May 16,20M Page four E. State Survey. Krentz provided a follow -up report on the State Survey, which was recently done by Surveyors from the State Department of Health. Krentz reported the survey team had again witnessed a violation that was previously cited. The violation was as follows: an employee was observed transferring a Resident by herself when two employees were required. As such for a repeat violation, the penalty imposed was a potential loss of Medicare/ Medicaid funding for new patients admitted after June P. She reported to the board that a corrective action plan was put into place to address our systems as well as individual issues. A repeat survey will be requested before June 3 rd to insure the continuance of our Medicare/ Medicaid funding for new residents. Bums Manor Bed Purchase Graves announced the Foundation has provided $100,000 for the purchase of 65 beds and night stands at Bums Manor. The remaining 55 units will be purchased as Phase II of this project. G. Medical Staff Rules and Reptlatio s . Graves reported the Executive Committee of the Medical Staff has adopted changes to their by -laws. These will become final when adopted by the Board of Directors. • BMNH Residents require an H &P either 24 hours prior to admission or within 72 hours after admission. The H &P done 30 days prior to admission is accepted if updates are 24 hours before admission or within 72 hours after • admission. • If someone other than the attending physician conducted the assessment within 30 days before admission, the patient's long term care attending physician or designee must assess and update the report within 24 hours before or 72 hours after admission. Following discussion, motion was made by Snapp, seconded by Hoversten, to approve the above changes to the Medical Staff Rules and Regulations, as recommended by the Executive Committee of the Medical Staff. All were in favor. Motion carried. H. Rental Space consideration. Graves reported the Hutchinson Medical Center currently has excess space capacity, and they have offered to rent us space for a limited period of time to address some of our problems in the Hospital. There would be 10 office areas, that could be rented. The rent, plus taxes, and other expense will be approximately $25,000 - $30,000 per year. • Following discussion, motion was made by Peterson, seconded by Hoversten to rent the ten -room space in the Hutchinson Medical Center. All were in favor. Motion carried. Board of Directors Meeting — May 16, 2000 Page five • 1. Geog=hic Reclassification Graves reported that Geographic Reclassification is again being researched with the assistance of two consultants. At this time it is too early to determine if, and when, it could again be achieved. OConnor reported that he believed that reclassification was a good possibility after he spent time with a consultant and recommended that HAHC pursue this with a great deal of effort Graves reported that he has had dialogue with a legal firm in Washington D.C. on this matter. Board members agreed that the effort put forth in this item would yield a great deal of financial gain to the organization. Following discussion, a consensus was reached by the Board to engage the services of a legal firm in Washington D.C. and to hire a financial consultant in order to pursue Geographic Reclassification from the Medicare program. Quality Report Schermann provided a Quality Presentation on "Patient Safety: A Systems Approach ". One of the goals in the presentation was `Building a High Reliability Healthcare Organization ". • Organizational commitment to safety. • Organizational culture for continuous learning and willingness to change • Every accident is an investment in safety (critical incident analysis) • • Simple, standardized procedures • Well- designed jobs • Clear performance expectations • Reasonable work schedules • High levels of redundancy in personnel and safety measures • Backup and recovery systems • Well maintained equipment • Skilled, knowledgeable workforce • Adequate training. • Good interpersonal skills and communication • Trust and respect Allina Report. O'Connor announced Becky Strange resigned three months ago and took the position of Vice President of Labor Relations. Ricky Ressler was recently hired to replace Strange in the position of Vice President of Regional Health Services. Accounts Payable. The accounts payable and cash disbursements were presented for approval. Following discussion, motion was made by Snapp, seconded by Chrissis, to approve the accounts payable and cash disbursements, as listed, in the amount of $1,201,991.77. All were in favor. Motion carried. • I Board of Directors Meeting — May 16, 2000 Page six Statistics. The April statistics for admissions, newborns, emergency services, ambulance runs, radiology /mammograms, same day surgical visits, inpatient surgical, average length of stay and case mix were presented and discussed. Financial Report. Larson reported the organization's financials for the month of April, 2000, showed a net income of $195,885 compared to a budget of $197,596. Hospital Auxiliary Meeting Minutes The Hospital Auxiliary Meeting Minutes were presented. No unusual comments were made. Adjournment There being no further business, motion was made by Snapp, seconded by Horversten to adjourn the meeting. All were in favor. Motion carried. The meeting was adjourned at 7:41 PM. Respectfully submitted, 9 A Corrine Schlueter Steven Snapp Recorder Secretary PUBUCATiON NO. • ORDINANCE NO.00 -,2�y9 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA, AMENDING CITY CODE SECTION 10.31 GOVERNING THE MAINTENANCE OF PRIVATE PROPERTY THE CITY COUNCIL OF THE CITY OF HUTCHINSON ORDAINS AS FOLLOWS: Section 1. City Code, Section 10.31, Subd. 1 and Subd. 2, as hereinafter described, are hereby repealed. .�..■ ...-NNINNINNINNINNINII II-Alit. ..:- !1.1!'11 lt- OL=I 4TC - - - - Section work to be deme au id U e aMm mwH,tts * =rred 91-ml be a Bism u It 9t=IN real eslate- 414a Section 2- City Code, / OF .•. hereby is 1 Nuisance Pr oh i bited No Si ..l'. -. or • .y. • : ll of .-U • 3hal 'elT or maintain anv of the follomdag thereons :/ /•.• o 'iL _•y /l =d Ill ` ILIfb 1 rte• F_ •. 1.•J t •. t' F .F. =a• .11 ._I 1.= = • 14.11 • = 1 = ' -ll •1 o •ill I " •; El id C Any person violatina this subdivision is guilty of maintaining a public nuisance and is subied to all penalties provided therefor. • 4 (b) I 900 /Z001A 3AoamaIy'0'Il11rY COLT 994 ZT94 LT: VT 00 /ZZ /90 Subd 2 Subd 7 Subd 10 0 ORDINANCE NO. 00 -277 AN ORDINANCE OF THE CITY OF HUTCHINSON, MINNESOTA VACATING DRAINAGE AND UTILITY EASEMENTS WITHIN OUTLOT A, ISLAND VIEW HEIGHTS SECOND ADDITION THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA ORDAINS: Section 1 . Notice of hearing was duly given and publication of said hearing was duly made and was made to appear to the satisfaction of the City Council that it would be in the best interest of the City to vacate the drainage and utility easements locates in Outlot A, Island`View Heights Second Addition. The petitioners requesting vacation of the drainage and utility easements as a part of the platting process for Island View Heights Fifth Addition. Section 2 . That drainage and utility easements to be vacated are described as follows: All the drainage and utility easements as dedicated in Outlot A, Island View Heights Second Addition, according to the recorded plat thereof, McLeod County, Minnesota. Section 3 . This ordinance shall take effect from and after passage and publication. • Adopted by the City Council this 27thday of June, 2000. ATTEST: Gary D. Plotz Marlin D. Torgerson City Administrator Mayor RESOLUTION NO. 11497 • ACCEPTING PLEDGED SECURITIES FROM CITIZENS BANK & TRUST COMPANY WHEREAS, Citizens Bank & Trust Company, a city depository, has requested the addition of the following security under the collateral agreement with the City of Hutchinson: FNMA 06 -06 -00 313564BDLO $1,000,000 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: THAT the City Finance Director be authorized to accept the securities. Adopted by the City Council this 27th day of June 2000. • Marlin Torgerson Mayor ATTEST: Gary D. Plotz City Administrator RESOLUTION NO. 11498 CITY OF HUTCHINSON RESOLUTION FOR PURCHASE • The Hutchinson City Council authorizes the purchase of the following: ITEM COST PURPOSE DEPT. BUDGET VENDOR Heating 6 Plumbing s19,607 Cemetery Office Addition Cemetery Yes Rutz Plumbing 6 Heating The following items were authorized due to an emergency need: ITEM COST PURPOSE DEPT. ]BUDGET I VENDOR Date Approved: June 27, 2000 Motion made by: Resolution submitted for Council action by: Finance Director • Seconded by: 4) -�Z RESOLUTION NO. 11499 • RESOLUTION ESTABLISHING LOCATION FOR TRAFFIC CONTROL DEVICES WHEREAS, the Director of Engineering and the Police Chief agree that the following areas have traffic control concerns which warrant traffic control devices, and; WHEREAS, the Hutchinson City Council has the authority to establish locations as points where traffic control devices shall be located, pursuant to Section 7.04, Subdivision l of the Hutchinson City Code; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON HEREBY ESTABLISHES THE FOLLOWING TRAFFIC CONTROL DEVICES: 1. "One-Way" signs shall be installed at the following location: On Lewis Avenue SW between Dale Street and Lake Street. "One -Way" direction shall • be west- bound. Adopted this 27th day of June, 2000 by the City Council of Hutchinson, Minnesota. Mayor — Marlin Torgerson City Administrator — Gary D. Plotz F- IUSERSURODEBERIResoiuto ITRAFFICITmJCo27.aw • City of Hutchinson FEE: = 25.00 APPLICATION FOR GAMBLING DEVICES LICENSE Approved by Building Pile Application shall be submitted at Police least _ days prior to the Gambling occasion I, 1 Pr P 1< t QA�5C--Q AND I, MP-- XR1AAr1JL A1 &)c- Name of Authorized Offlicer of Dame of Designated Gambling Organization Manager Hereby submit in duplicate this application for a license to conduct the game ofgamblingin accordance with the provisions of the City of Hutchinson Ordinance NO. 655 and Minnesota Statutes Chapter 349 for the license year ending ' nO . Sipeatures: L Authori0 fiver o gani� nation Desi nated Gambling Manager o organization A. The following is to be completed by the duly authorized officer • of the organization: /� 4 1. True Name: 0 ,4zk -� f .TRICK (last) (first) (middle) 2. Residence Address: -t TO G K A-141giv, sf //I� 3 (street) (city) (state) (nip ) ��� "� 3. Date of Birth: ���- 3 4. Place of Birth Lcf ( j�v(/ (mo /day /year) (city state) 5. Have you ever been convicted of any crime other than a traffic offense? Yes No L.- If Yes, explain B. The following is of organization: 1. True Name: (last) (first (middle) Address: � � /Q�� �o lQC) 7— /�U> /�SCiy�.t/ SS3 - 0 (street) (city) (state) (zip) 3. Date of Birth: 07 - //- cfZ- 4. Place of Birth: f �,4� g �/✓ • (mo /day /year) (city /state) 2. Residence to be completed by the designated gambling manager 4-1. 5. Have you ever been convicted of aryl crime other than a traffic offense? Yes No 7 � If yes, explain 6. How long have you been a member of the organization? aSc /r S. 7. Attach a copy of the official resolution or official action designating you gambling manager. C. Game Information: 1. Place where gambling devices will be used 5-+,/}/Vi - sT f� T q .iQiSN 2. Date or dates gambling devices will be used Dq- / O — O U (date and /or day(s) 3. Hours of the day gambling devices will be used: of week) From A. To Z Z 30 A P.M. P. 4. Maximum number of players S O 5. Will prizes be paid in money or merchandise? 0,4S t4 6. Will refreshments be served during the time the gambling devices will be used? Yes C No . I£ so, will a charge be made for such refreshments? Yes 7- NO D. Organization Information: f1 1. Address where regular meetings are held V100 2. Day and time of meetings Zggln - 4'ttt 3. Is the applicant organizatio organized under the laws of the State of Minnesota? Yes No 4. How long has the organization been in existence? 4a. How many members in the organization? - - 2 �Sa6 5. What is the purpose of the organization? 'eLZ /&"/CC.r s 6. Officers of the Organization: Name Address / Title ri4Te iC .SS U .C 0-C2AdA A- y t ie6 g 7. Give names of officers or any other persons paid for services to the organization: Name Address Title • Organization Information: (Continued) 8. In whose custody will organization records be kept? Name LJ.Q, - rZIUL- Address 6UaQ LA-,< sy_ ,q �.- Nccrc �{rv�.v 9. If the organization carries sufficient insurance to compensate the players in the event any injury is sustained by players while gambling devices are used, or while on the licensed premises, please state the Name of Insurer (lAtI cu /)1.ra,¢,/_ and Policy No. 10. Have you (Manager & Officer) read, and do you thoroughly understand the provisions of all laws, ordinances, and regulations governing the operation and use of gambling devices? 11. Attach a list of all active members of the organization. E. 0 The following information is provided concerning a bond given by the gambling manager in favor of the 1. Name of bonding company 2. Address of bonding company 3. Amount and duration of bond 4. Application is hereby made for waiver of the bonding requirements. Yes No I declare that the information I have provided on this application is truthful, and I authorize the City of Hutchinson to investigate the information submitted. Also, I have received from the City of Hutchinson a copy of the City Ordinance No. 655 relating to gambling, and I will familiarize myself with the coD"nts thereof. A li 1410e` Signature of authorize office of organiazation Date: 6 - '9 — O cl Subscribed and sworn to before me a notary public on 19 Signaturp of Notary Public Commission expires on Subscribed and sworn to before me a notary public on this 19 Signature of Notary Public Commission expires on fidelity organization. this day of day of AN BEMEL "ON SALE' 0 COU.W y Of d L—dd CLr7 n) Hutchinson 1ST the .............. .................. -Of thL ......... cic1. ...................... at_!�!cshlpesa._........ - -- ........................um" d ]flues : �F ANAsrAstA 2A Ftiol-)e 014U hereby a Umma, )s tie SO of one yur fsOee At Retail Only, Non bUmmtfs MaR lkmori, to emu e. a" Seise srr deFwd by ism, Jar ewersewp"m "OX" than awn Pramiw iw W - -- - - -- cin _� abe •�_ daswibat .e f allamr. rs- edi:. -..... BEGY _d.2.L !4T L4/ LG ST/UII 9 ",ehiah otao dd - - -- *b . u- hasba= - t - �' ffa0l- E and it that eat >.praeg ,.mod eesga ". Jsit..: TAW and 4piisaat �" - �� W an" 3faaa; of jwd Meant Awwww and repmte; and ham -_ o",an l w aN of +1 rims: Gne - ._.yrs�rfelar as daMishmoms Jor ashiah Ge "omn niA be isnssd if Gin OPPkeaiiaw u Qrowtad Thos wo gsawsa)aetsasr: of sudr Maw- iaeaalos"O Mau Riraaars Ass am oU%w wP, in risia w in Dar4. in said business of said appitaau Mar mini Gavin; That Mid appUsmat_ We - P*imddm Aursmani Mad sui/ot to ett as imp sf AS Slob of M and the ord[Mansr and n(ataYaes of rata rip. 4PPikeb4 thaata, +Mich are hmby weds a past haw% mud hsraby n/ftv -1a @born and ebq as other; I na.. eer W � M ev. w a Recoomend appro Driver's license Z.D. required for purch"e. EacA 4Pp4rant further stain that _ho IS nag noto the hoido of, nor hag Jar mede appacation for, nor dots _Jae intend to make app(ieation for a Redeml Retail Dee/er's Specie! tax &tamp for tim sale d intoximtinq Agear. 1 ! O. dw —CVO RESOLUTION NO. 11513 RESOLUTION DECLARING ADEQUACY OF PETITION • AND ORDERING PREPARATION OF REPORT CITY OF HUTCHINSON LETTING NO. 101 PROJECT NO. 00-24 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: A certain petition requesting the reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID * 01- 116 -30- 16-0310), was filed with the council on June 27th, 2000, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the Director of Engineering and that person is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the council this 27th day of June, 2000. • Mayor City Administrator —6j—, AGREEIIAENT OF ASSESSIENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL LETTING NO. 10 PROJECT NO. 00-24 This Agreement, is made this 5th day of April, 2000, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and Gregory Pearce and Patricia Pearce of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6. Blocir 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID # 01- 116 -30-16 -0310) and to assess 100 % of the cost of $3,871.05 to the Owner. Owner agrees to pay said percentage, as may be detemrned by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed $3 05 plus interest, over a period five (5) years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owner's property is excessive, together with all rights to appeal in the courts. This agreement shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. OWNERS SIGNATURE: IN PRESENCE OF: OWNERS SIGNATURE: ADDRESS: DESCRIPTION OF PROPERTY 786 Madson Ave SW W96.99' of Lot 4 EX E40' & E50' of Lot 5 & 1) C6 W 7 ' Hutchinson MN 55350 E60' of Lot 6, Blk 1, Hanson's 3rd Add. rego P r 786 Madson Ave SW W96.99' of Lot 4 EX E40' & E50' of Lot 5 & 2 1 C 1z �c� c �x-Cl_ -= Hutchinson MN 55350 E60' of Lot 6, Blk 1. Hanson's 3rd Add, Patricia Pearce 4 -(6t) :-Jill.•:. g•.: •.�i: Ltli�... , i • • iaY \�P.i.: l • LETTING NO. 10 PROJECT NO. 00-24 Hutchinson, Minnesota Dabd: April W 2000 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, all owners of real property known and described as: W96.97 of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6. Block 1. Hanson's 3rd Addition (525 South Grade Road SW - City PID ff 01- 116 -30-16 -0310) hereby petition for improvement by street reconstruction pursuant to Minnesota Statutes, Chapter 429, and Olaf the City assess the entire cost of the improvement against our property described below, and we hereby agreed to pay the entire cost as apportioned by the City. This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the Parties. OWNERS SIGNATURE ADDRESS: 786 Madson Ave SW 1) Hutchinson MN 55350 r ry rce • Q 786 Madson Ave SW 2 )C a 2 1 QCZ� e D_ Hutchinson MN 55350 Patricia Pearce DESCRIPTION OF PROPERTY W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Blk 1, Hanson's 3rd Add. W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Blk 1. Hanson's 3rd Add. Examined, checked and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improverent petitioned for Gary D. Plotz, City Administrator • �46) RESOLUTION NO. 11514 RESOLUTION RECEIVING REPORT AND WAIVING HEARING ON IMPROVEMENT • CITY OF HUTCHINSON LETTING NO. 10PROJECT NO. 00-24 WHEREAS, pursuant to a resolution of the Council adopted June 27th, 2000, a report has been prepared by the Director of Engineering, with reference to the reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E80' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID # 01- 116 -30-16 -0310) and said report was received by the Council on June 27th, 2000, and WHEREAS, this improvement was petitioned for by 100% of the property owners and said property owners have waived hearing on said improvement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports 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 $3,871.05 2. The public hearing on said improvement is hereby waived. Adopted by the Hutchinson City Council this 17th day of June, 2000. • City Administrator 4 - (J-) n u 0 0 ENGINEERING REPORT TO: Mayor and City Council FROM: John P. Rodeberg, Director of EngineeringtPublic Works DATE: June 27th, 2000 SU BJECT: Letting No. 10/Project No. 00 -24 I have studied the following areas and find that the proposed projects are feasible and recommend they be constructed. Project No. 00-24: Reduction of South Grade Road SW abtAting real property described as W96.W of Lot 4 EX E40' & E50' of Lot 5 3 E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW -City PID # 01- 116 -30- 16-0310) ESTIMATED COST I 00-24 Construcam cost $3,652.50 Engin w tiQ $0.00 Adminfstra6on $218.55 Fiscaft.egainnterest $0.00 ESTIMATED TOTAL $3,871.05 ESTWTED FUPWW 00-24 Assessable Cast 53,871.05 Deferred Assess" Cost $0.00 City Banded $0.00 C+ky - WatedSewler Funds $0.00 Cily — TIF $0.00 MSA 30.00 MrVDOT $0.00 ESTIMATED TOTAL 53.871.05 CC Cal Rice - Engineering Deparftr*M fib: LIOMO -24 4 -(64) RESOLUTION NO. 11515 RESOLUTION ORDERING IMPROVEMENT • AND AUTHORIZING NEGOTIATION OF CONTRACT CITY OF HUTCHINSON LETTING NO. 10fPROJECT NO. 00-24 WHEREAS, a certain petition requesting the reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID # 01- 116 -30- 16-0310), was duty presented to the council on the 27th day of June, 2000; and WHEREAS, pursuant to resolution of the council adopted June 27th, 2000, a report has been prepared by the Director of Engineering with reference to the improvement, and this report was received by the council on June 27th, 2000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA. The council finds and determines that said petition was signed by all owners of real property abutting upon the street(s) names as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the council resolution adopted June 27th, 2000. 1* 3. The estimated cost of such improvement does not exceed $25,000.00 and therefore the Director of Engineering is hereby authorized to enter into direct negotiation for construction of such improvement. John P. Rodeberg is hereby designated at the Engineer for this improvement. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator 4 - (C�Q RESOLUTION NO. 11516 RESOLUTION AWARDING CONTRACT LETTING NO.101PROJECT NO. 00-24 Whereas, pursuant to a resolution of the Council adopted June 27th, 2000 the Director of Engineering entered in to direct negotiation for the furnishing of all labor and material for the reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40'& E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City P1 # 01- 116 -30- 16-0310). NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The mayor and city administrator are hereby authorized and directed to enter into a contract with Juul Contracting Company of Hutchinson, in the amount of $3,652.50, in the name of the City of Hutctnson, for the improvement contained herein. Adopted by the Hutchinson City Council this 27th day of June, 2000. Mayor • I� f,J City Administrator DOCUMENT 00500 CONTRACT AGREEMENT FORM THIS AGREEMENT,,, this 27th day of June, 2000, by and between Juul Contracting Company hereinafter called the Contractor, and the City of Hutchinson, a Mtircipal Corporation in the County of McLeod, State of Minnesota, fherebuder called the Municipally. WITNESSETH, that the Contractor and the Municipality for the consideration heremafter named agree as blows: ARTICLE 1. The Contractor agrees to provide all materials, equipment and labor necessary for the complete construction of al the work shown on the drawings and described in the specifications prepared by the MunK#x*ty for LErrING NO. 10, PROJECT NO.00 -24, and to do everything in strict confomiy with said specifications and drawings. ARTICLE 2 The Contractor agrees that the work contemplated by this contract shall be entirely completed by July 3rd, 2000. ARTICLE 3. The Mtrrcipally agrees to pay Cie Cortaabr in cum* finds for the performance of this Contract the sum of Three Thousand, Sic Hundred Frlty -Two Dollars and SW100 ($3,652.50) subject to additions and deductions as provided for in the specifications and to make payments on account of the Contract as provided for in the specifications, except as hereirudW stated: i ARTICLE 4. The Contractor and the Municipality agree that the specifications and the drawings, together with this agreement form the Contract and that such specifications and drawings are as fully a part of the Contract as I attached or herein repeated. The Contractor and the Municipality agree that the attached Table of Contents (Document No. 00002) is a complete list of all specifications and drawings to be part of the Contract The CaMracbr and the Murr rip aMy, for themselves, disir successors, wisartors, administrators and assigns, hereby agree to the full performance of the Covenants herein contained. IN WITNESS WHEREOF, the parties have caused these presents to be signed in their behalf by the proper officers thereunto duty authonzed and their corporate seal to be hereto affixed, the day and year first above written. In the presence at CONTRACTOR: By: In Me presence oft OF HUTCHINSON Mayes Clerk• • Dee nOOaPe" t RESOLUTION NO. 11511 RESOLUTION DECLARING COST TO BE ASSESSED AND • ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5042 LETTING NO. I01PROJECT NO. 00-24 WHEREAS, cost has been determined for the improvement at. Project No. 00-24: Reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID # 01- 116 -30-16 -0310) and the bid price for such improvement is $3,652.50 and the expenses incurred or to be incurred in the making of such improvement amount to $218.55 so that the total cost of the improvement will be $3,871.05. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $0.00 and the portion of the cost to be assessed against benefited property owners is declared to be $3,871.05. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the fist Monday in January, 2001 and shall bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specialty assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall Me a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator n LJ � -4) COMILED BY: J RODIBRAG AMZUMU T POLL NO. MG LUnING NO. IWPROJECT NO. W24 OLCOMMUCTNNN OF AOUTU GRADE ROAD RW f 3,911.03 CONETRGCT DTRQ 4TM COW4n EDRY: JRODOOG CEECIMD RY+ P.VANDER VERN DST MAKING WAIVED 01641 AM NVbMn O /Y [AW: If 1ND DIARD/G WMVfDAf/J7 DflLIfBT LATL ADOPTED "W/I*M ACCOUNT NI). CITY m110 NAMEA ADORM OF PWPWIVO 1.W AL DTACRVDo11 "D1T1 Of RDi [1 N IWIT AAMFTARV RLWDR CR[DITR DUEMD AN TOTAL ACTM MWFYPIDNO. 1 01 11630-16 -0310 Gmaory k PuriciA Name 525 S. O. GnJ. Rd SW 716 Mdnn Aw SW W%."' Lot 1 E% E10' a E50' Lot 5 & 23.164 006,0 HulaWi n MN 55350 E60' of Lm 6 R14 1 H,nJOn', 3rd Add. 1 5 3 1 1 s 3 T OTAL - ASSESSMENT ROU 5042 s 3,J71.05 4 RESOLUTION NO. 1151S RESOLUTION WAP4M HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5042 LETTING NO. 10fPROJECT NO. 00-24 WHEREAS, by a resolution passed by the Council on the 27th day of June, 2000, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 00-24 Reconstruction of South Grade Road SW abutting real property described as W96.99' of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID # 01- 116 -30- 16-0310). WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2000. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accred to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator RESOLUTION NO. 11515 RESOLUTION ADOPTING ASSESSMENT ASSESSMENT ROLL NO. 5042 LETTING NO. 10fPROJECT NO. 00-24 WHEREAS, pursuant to resolution and waiver of hearing the Councd has met and reviewed the proposed assessment for improvement of: Project No. 00-24 Reconstnkcbw of South Grade Road SW abutting real property described as VM.W of Lot 4 EX E40' & E50' of Lot 5 & E60' of Lot 6, Block 1, Hanson's 3rd Addition (525 South Grade Road SW - City PID * 01 -116- 30-16- 0310), NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON. MINNESOTA: 1. Such proposed assessment a copy of which is attached hereto and made a part hereof, is hereby accepted, and shall white the spedal assessmeird aganst the' Im named therein, and each trail of land therein included is herby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 2. Such assessment shall be payable in equal annual installments extending over a period of ten (10) years, the first of the installments to be payable on or before the first Monday in January, 2001, and shall bear interest at the rate of p ercent per annum as set down by the adoption of this assessment resolution. To the fast installment shall be added interest on the entire assessment from November 1, 2000, until the 31st day of December, 2001. To each subsequent installment when due, shall be added interest for one year on all unpaid installments. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Treasurer, except that no interest shall be charged if the entire assessmert is paid by the 15th day of November, 2010; and he may, at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to the 31st day of December, of the year in which such payment is made. Such payment must be made before November 15, or interest will be charged through December 31, of the next succeeding year. 4. The Administrator shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the property tax lists of the County, and such assessment shah be collected and paid over in the same manner as other municipal taxes. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator yid) I Memorandum To: Mayor & City Council CC: Director Dolf Moon From: Marilyn J. Swanson, Administrative Secretary Date: June 27, 2000 Re: PEDDLERS LICENSE FOR BRANDI SCHAFER In 1999, the City Council approved Brandi Schafer to operate her Shaver Ice wagon in the area of the Park & Recreation building and swimming pool. She worked with Dolf Moon, and his department received a percentage of her sales. Ms. Schafer will be operating under the same arrangements in the summer of 2000. r� 1 4—F pn a F. I n CITY CEN16Jf 111 NASSAR am SB APPLICATION MMMMK MN FOR n U PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 2" x 2" Picture NAME and DRIVER'S LICENSE INFORMATION required I " �k \ ' �- \ I / \ n NAME: (, rr PERMANENT ADDRESS: J2AO PERMANENT TELEPHONE:( - oQQ 1 ���J' IrIC-) ADDRESS: • TEMPORARY TELEPHONE ACCESS: DRIVER'S LICENSE NUMBER (STATE) HEIGH4w WEIGHT EYE COLOR FEES 3 LENGTH OF PERMIT REQUESTED How many days? Months? Or year? LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit fee(s) Solicitors, per day ......... ............................... S 25.00 Solicitors, per year ........ ............................... S200.00 Transient Merchants, per day ............................... S 25.00 Transient 4erchants, per year .............................. $200.00 Peddl per day ........... ............................... S 25.00 dlers, e year .......... ............................... $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION F ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO A IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: oa1D 'Jun e 8 2000 awol Hm"11 on 4—E, DESCRIBE NATURE OF BUSINESS AND DESCRIBE ITEM OFFERED: DESCRIBE METHOD OF DELIVERY: DESCRIBE YOUR SOURCE OF SUPPLY - NAME & ADDRESS OF SUPPLIER: �CL S "u o, �C � PROVIDE TWO (2) MCCLEOD COUNTY PROPERTY OWNERS FOR NAME 5 ADDRESS: cS� IU�� NAME PHONE 'LUMBER: (�aO� o`3y hS C� PHO CHARACTER REFERENCES: (� & ADDRESS: h(Jtef�VSL 1� �" IUIL� 5�35� NE NUMBER: 3a0- -- z__l_'t STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITYISTATE NAME: DATE OF ACTIVITY: FROM: TO .2- 0 C .c C c 2 % I hereby certify I have completely filled out the entire above applica- tion and that the application is true, correct, and accurate.* • I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of a misdemeanor and upon conviction thereof shall be punished by a fine not ex- ceeding SS00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of >x- , 4—e- D�' ��- — 1 pp�� SL1� ature of pp i t Date • No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMMENDATION: 0 -3- Mitchinson City Center 111 11 ® Shed SE aarort� cans 553W2522 324.587- 5151/Fm 320. 2344240 • • MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning C ommiss ion SUBJECT: VACATION OF EASMENTS FOR LOT 5, BLOCK 2 OF ISLAND VIEW HEIGHTS 2 ADDITION AS REQUESTED BY WILLIAM GUGGEMOS Pursuant to Section 5.972 of Subdivision Ordinance No. 466, the Hutchinson Planting Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request. HISTORY On May 10, 2000, William Guggemos submitted an application for vacation of easements located on the north side of Lot 5, Block 2 of Island View Heights 2" Addition. FINDINGS OF FACT I . 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 Judie 8, 2000. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the vacation of easements with die following condition: 1. There be an additional perimeter easement dedicated on Oudot A. 2. That the properties must ad as one parcel; Oudot A may not be sold separately or camnuctDd upon without Lot 5, Block 2. Respectfully submitted, Bill Amdt, Chairman Hutchinson Planning Commission • cc: William Guggemos, 137 Fairlawn Avenue East, Winsted, MN 55395 -0357 rrh�darwyckd pWw - tiu) RESOLUTION NO. 11520 RESOLUTION APPROVING VACATION OF CERTAIN DRAINAGE AND UTILITY EASEMENTS WITHIN LOT 5, BLOCK 2, ISLAND VIEW HEIGHTS SECOND ADDITION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS William Guggernos, property owner, petitioned for partial vacation of dedicated drainage and utility easements within Lot 5, Block 2, Island View Heights Second Addition. 2. The request is to accommodate the placement of a dwelling over the property line to include Out lot A of Island View Heights Fourth Addition. I The area to be vacated is legally described as: The southerly 6 feet lying easterly of the westerly 6 feet and Iving westerly of the easterly 10 feet of Lot 5, Block 2, Island View Heights Second Addition, according to the recorded plat thereof, • McLeod County, Minnesota. 4. New drainage and utility easements will be dedicated within Outlot A, Island View Heights Fourth Addition. 5. The City Council has determined that this vacation is in keeping with the general planning of the City. CONCLUSION RECOMMENDATION: The City Council hereby approves the partial vacation of easements as described above. Adopted by the City Council this 27' day of June, 2000. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor y (,f) CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission • Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Doff Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Christie Rock, Holly Kreft, and Julie Wischnack, AICP Date: June 7, 2000 — Meeting Date June 20, 2000 Applicant: William Guggemos, Property Owner Brief Description The applicant owns two lots — Lot 5, Block 2, Island View Heights Estates Second Addition and Outlot A of Island View Heights Estates Fourth Addition. The owner would like to construct a home which would be over the lot lines which create the boundary between the outlot and the lot. There is an easement located on the south side of Lot 5, which would prohibit the construction of the home over the easement Staff believed it would be best to combine the lots into one tax parcel, but the County was unable to accomplish this since their tax numbering system use separate numbers for different plats. Staff would require an additional perimeter easement be dedicated around outlot A (10' front; 6' • on rear and side). There are no utilities within the easement area. Analysis: Staff met to review this application and recommend approval of the vacation of easement on the south side of Lot 5, Block 2, Island View Heights Estates Second Addition with the following conditions: 1. There be an additional perimeter easement dedicated on Outlot A. 2. That the properties must act as one parcel; Outlot A may not be sold separately or constructed upon without Lot 5, Block. Cc: William Guggemos, owner, 137 Fairlawn Avenue East, Winsted MN 55395 • 4Cf) ISLAND VIEW HEIGHTS 4 ADDITION .Ar T 1 ' .� .... .... ... .... -------------------- ..__.__._ H6 ......_ AF a to ; a �sr Ise � •. w z 5 � ' � f ; � '333. ` Ali •�.,IL. _ ...I..:�w.�.•. _... e 30 wr w. w w.r ice.+ 1� ,. h r't f y1 5 y Q \ .. ry 1 1 ' ' .. ^1f. + l 11 15 � I J 1 C t to is '� ,..l a 4� A 0 Ylr1 / 1 ! .li -]a •' � N / }1 �. 1 40 79 a .. _.._d1,; � �'•! T1 � '�: "`ti •. _ I ` T i . �7_ A R.IS7o.0e 92 I I I I ��` •� ` •• },. �i I +'� 1 i ___!_____ � I I .. •�. ''.I�s.•.. ••'.�wl. n. ww w.a al... ww.f•' w»'f .�..tis•wi lti•, �,.,� �.� ..�.w K.lran ~rw.. ilw ww ...��r 1�1 J J 6.00 feet and lying westerly of the easterly 10.00 feet of Lot 5, Block 2 ISLAND VIEW HEIGHTS ESTATES SECOND ADDITION, Mcleod County, Minnesota r— m 1 l 1 1 6 1 I l 1 U1 N �} of 0) O 1 X01 ml 1 1 1 1 1 1 el - _ IV75 0 1 , 1 - _ 5 1 10 1 1 1 I I 2 I i !0 V/ r R . 40 rri N 1 INCH. _ _ FEET R=180.00 49.93 0 =15 °53'38" R= 200.00 15.58 A =04 °27'47" � rr'r "E TR= 200.00 OVA 81��� �� L= 30.09 1120 7 Drainage and tlflty� � 08 OUTLOT A easement to be VOCated N89' "E __ J 113.60 V T m r r Id a r Hutchinson City Center Ill EL� Stmt SE dutch! MN 55350-2522 320.587- 5151/Fu 320-234.4240 • MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: VARIANCE TO CONSTRUCT A DETACHED GARAGE WITHIN A FRONT YARD AS REQUESTED BY TIM SMITH (841 2� AVENUE SW) Pursuant to Section 8.05, of Zoning Ordinance No. 464. the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for variance. HISTORY On May 17, 2000. Tim Smith submitted an application for a variance to consaw a detached garage within a him yard. 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 June 8. 2000. • 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. 4. The hardship is due to the rear ,yard being located in a floodplain and limited access available to the rear yard. RECOMMENDATION The Planning Commission voted to recommend approval of the variance with the following conditions: I. An attempt be made to save the existing tree in the garage area 2. The garage dimensions be constructed as provided in the plans. 3. The garage may not exceed 16 feet in height. 4. The garage will not be a pole building. Respectfully submitted, Bill Arndt, Chairman Hutchinson Planning Commission • cc: Tim and Jill Smith, 841 2n Avenue SW, Hutchinson, MN 55350 PnrAea m mcyckd paM - '4(3) RESOLUTION NO. 11521 RESOLUTION APPROVING A VARIANCE TO PLACE AN ACCESSORY STRUCTURE WITHIN THE FRONT YARD OF A PROPERTY AS REQUESTED BY TIM AND JILL SMITH AT 841 2" AVENUE SW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Tire and Jill Smith, property owners, made application to the City Council for a Variance under Section 7.14 to construct an accessory building within the front yard of a property at the following legal description: LEGAL DESCRIPTION: Lot 3 and the West 15 feet of Lot 4 of the Auditor's Plat of Lot 27, Lynn Addition to Hutchinson 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use is in harmony with the general purpose and intent of the • Zoning Ordinance and the Comprehensive Plan. 4. The City Council finds a hardship exists with the topography of the lot and the limited access to the rear of the property. CONCLUSION RECOMMENDATION: The City Council hereby approves the variance with the following conditions: An attempt be made to save the existing tree in the garage area. 2. The garage dimensions be constructed as provided in the plans dated 6/7/00 3. The garage may not exceed 16 feet in height. 4. The garage will not be a pole building. Adopted by the City Council this 27' day of June. 2000. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor L4 C9) I CITY OF HUTCHINSON PLANNING ST AFF REPORT To: Hutchinson Planning Commission • Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Sehnobrich, Steve Madson, Holly Krett, Christie Rock and Julie Wischnaek Date: June 9, 2000 — Meeting Date: Jane 20, 2000 Applicant: Timothy &Jill Smith (Applicants and Property Owners) Brief Description The applicants would like to construct a detached garage within a front yard. The Ordinance states "Accessory buildings in all Districts shall be located to the rear of the principal building". The applicants are, therefore, requesting a variance from this regulation_ The stated hardship is due to the lot configuration, namely, a portion of the rear yard is located in the floodplain and access is insufficient. (There is only 6 feet - between the lot line and the home, making access to the rear of the property impossible.) GENERAL INFORMATION • Existing Zoning: R -1 Property Location: 841 g od Avenue SW Lot Size: 21248 sq. ft. (77.20' X 322') Existing Land Use: Single Family Dwelling Adjacent Land Use And Zoning: Residential, Shoreland of Otter Lake to north, R -2 District to south Comprehensive Land Use Plan: Low Density Residential Zoning History: N/A Applicable Regulations: Section 7.14 — Accessory Structures Section 6. ^4 — Variance Required SPECIAL INFORMATION • Transportation: Shared driveway with 831 2" Avenue SW Parking: N/A L1(9) Variance Tba and Jill snith Planning Commission Review — Jane 20, 2000 Page 2 • Physical Characteristics: The property is lakeshore and slopes toward the lake. The slope is approximately 18 %. The property is also steeply sloped from the street Analysis: The proposed accessory building is 28' X 28'. It is proposed to be located approximately 100' from the front property line (see enclosed sketch). This location is very near a large tree. Staff would recommend the building be situated to accommodate the tree location. Because a portion of rear yard is located in the floodplain and the limited access to the rear yard, the applicant has requested the placement of the accessory structure in the front yard. An attached garage is not feasible due to the narrowness of the lot and drainage issues. The proposed structure does meet all other requirements of the Ordinance. Staff recommends approval of the variance based on the hardships of unique topography and limited access to the lakeshore portion of the property. Staff recommends approval with the following conditions: • 1. An attempt be made to save the existing tree in the garage area. 2. The garage dimensions be constructed as provided in the plans. 3. The garage may not exceed 16 feet in height 4. The garage will not be a pole building. Cc: Tim and Jill Smith, 841 2 nd Avenue SW, Hutchinson, MN 55350 "(9) • • CERTIFICATE OF SURVEY FOR TIM SMITH- DESCRIPTION CROW RIVER I A v p� V � N I O J 11r. I Q 1— to F- t N a IZ so s o foal• In fut Dqw. Inn o..wn rw.w O O.new IrM1 �errnm ur un�pr +— 1 7 1 SECOND AVENUE SW wtoww, M Lot 3 and the West 15.00 feet of Lot 4 of -he AUDITOR'S PLAT OF -OT 27, LYNN ADDITION TO HUTCHINSON. i V ice "I aDl IT w P -rig ro A 4 ca) .I .Y .r a. il...... drI .u.w. .n n.. suroirt• atOH ar A I �r� i �O I - 6t2 I un�pr +— 1 7 1 SECOND AVENUE SW wtoww, M Lot 3 and the West 15.00 feet of Lot 4 of -he AUDITOR'S PLAT OF -OT 27, LYNN ADDITION TO HUTCHINSON. i V ice "I aDl IT w P -rig ro A 4 ca) Fi-le no. N 9 Exhibit A "We hereby certify that we have made an inspection of the property herein described, and that this plat shows the location of the improvements thereon, and that there are no encroachments unless indicated thereon. This plat and certificate are for mortgage purposes only." Li(6) - 77.A0 - �unRuvwte S,u� C • Hutchinson City Center 111 Hr sheet SE Ha tddt MN 55354.2322 324587- 5151/Fu 320.2744240 MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO CONSTRUCT DUGOUTS IN THE FLOODWAY OF THE SOUTH FORK OF THE CROW RIVER AS REQUESTED BYTHE CITY OF HUTCHINSON (300 LES KOUBA PARKWAY — RIVERSIDE PARK) Pursuant to Sections 10.01 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On May 17, 2000, the City of Hutchinson's Park Department submitted an application for a conditional use permit to construct dugouts within the floodway of the South Fork of the Crow River. FINDINGS OF FACT I. The required application was submitted and the appropriate fee waived. • 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on June 8,2000. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following condition: 1. The Park and Recreation Department must acquire a building permit completing the project Respectfully submitted, Bill Arndt, Chairman Hutchinson Planning Commission • cc: Dolf Moon, Director of Parks, Recreation and Community Recreation Prmud m rtrycbd p.W - `! 01) RESOLUTION NO. 11522 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT FOR INSTALLING DUGOUTS REQUESTED BY THE CITY OF HUTCHINSON BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. City of Hutchinson, applicant, has submitted an application for a conditional use permit to grade, fill, and place dugouts within the floodway of the South Fork of the Crow River. 2. The City Council has considered the recommendation of the Planning Co mmissi on and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3 . The City Council has determined that this project will not adversely impact the floodway of the river. 4. The Council has determined that the proposed use, with the listed conditions, will be in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. • CONCLUSION IftX61813H 601a17:T1 a [i7`.B The City Council hereby approves the conditional use permit with the following conditions: 1. The Paris and Recreation Department must acquire a building permit completing the project. Adopted by the City Council this 2T" day of June, 2000. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayo- y (hl CITY OF HUTCHINSON PLANNING STAFF REPORT 3 • To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Holly Kreft, Christie Rock and Julie Wischnack, AICP Date: June 9, 2000 —Meeting Date: June 20, 2000 Applicant: City of Hutchinson (Applicant and Property Owner) Brief Description The City of Hutchinson is proposing to construct dugouts in the floodway of the South Fork of the Crow River. The dugouts are to be located at the Riverside Park. The Ordinance states that " "structures accessory to ...parks require a conditional use permit. GENERAL INFORMATION II L • Existing Zoning: R -1 Property Location: 300 Les Kouba Parkway (Riverside Park) Lot Size: N/A Existing Land Use: Park area Adjacent Land Use And Zoning: Shore land of Otter Lake; 1 /C to the north Comprehensive Land Use Plan: Park/Open/Public Zoning History: NA Applicable Regulations: Section 8.18 — Flood Plains Section 6.07 — Conditional Uses SPECIAL INFORMATION Parking: N/A Physical Characteristics: The one - hundred year flood plain is at a 1046.2 elevation. The park is 1045.7. The entire park is within the floodway as indicated by the Federal Emergency Management maps: L40-1) Conditional Use Permit City of Hutchinson — Riverside Park Dugouts Planning Commission Review — June 20, 2000 Page 2 Analysis: The dugout pads have blocks which are turned to allow water flow through the structure (see design). The structure will not be inhabited; therefore the flooding issues with this structure are not problematic. Recommendation: Staff met to discuss the proposal and recommends approval of the conditional use permit based on the fact it will not impact the flood storage capacity of the floodway. The approval with be with the following condition: The Park and Recreation Department must acquire a building permit to complete the project. Cc: Dolf Moon, Director of Parks, Recreation and Community Education Robert Collett, DNR Hydrologist N CM1 n U Publication No 6181 PUBLISHED IN THE HUCCHINSON LEADER Thursday, June 8, 2000 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA 111 Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, exL 258 fax (320) 234 -4240 n U • Notice is hereby given the Hutchinson Planning Commission will be holding a meeting in the Council Chambers, at City Hall on Tuesday, Jww 20, 2000, at 5.30 p.m. for the purposes of holding a public hearing regarding an application from: City of Hutchinson, property owner, is requesting a conditional use permit to construct dugouts within the floodway of the South Fork of the Crow River on property located at 300 Les Kouba Parkway, Riverside Park. The following is a map which identifies the location of the property: All persons wishing to be heard regarding this application should appear at this meeting or provide written comments no later than 4:30 p.m. on Tuesday, June 20, 2000. Plans and materials are available at the City offices for review, by appointment. A complete agenda of the Planning Commission meeting is also available at the City offices. If you have questions about the proposal, you may contact the Planning Department at the number provided. June 6.2000 Date I 4 L6) x •rwo. PARKING �x / • 1047.9 /018.2 • a I � x —x •1045 x �x PARKING/ PARKING Din oK t / o9 `✓ ,,- Lo J am,.+ 5 OBJ Cs x ooe a / o9J A g • /043.7 �* �_ o LV I PARK `✓ ooe4o ` n /BA S EBALL x IAMOND [ I / ULP �^ 1 O } L� Lv ^ • /042.2 O 4 L►�) C 1 Hutchinson City Center in Hsu Street SE Hutch NIV 553562322 326587- 515t/Fm 326234-4240 MEMORANDUM DATE: June 21. 2000 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO UTILIZE AN EXISTING BUILDING IN THE VC DISTRICT FOR A SCHOOL AS REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE (820 CENTURY AVENUE SW) Pursuant to Sections 10.01 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On May 16, 2000, Mike Young, Director of the Crow River Special Education Cooperative submitted an application for a conditional use permit to use an existing single family dwelling as a school. 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 June 8, 2000. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: 1. On -site parking must be provided for or an arrangement must be made with other facilities on- site. 2. All necessary improvement must be made and inspected by the Building Official. 3. This conditional use permit shall expire one year after issuance, unless an extension is requested Respectfully submitted, Bill Arndt, Chairman Hutchinson Planning Commission • cc: Mike Young, Director of Special Education, 30 Glen Street, Hutchinson, MN 55350 Tim Ulrich, Vice President of the McLeod County Agricultural Association. P. O. Box 142. Hutchinson, MN 55350 P,imed m m Iod p.pv - RESOLUTION NO. 11507 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO UTILIZE AN EXISTING BUILDING IN THE I/C DISTRICT FOR A SCHOOL AS REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE (820 CENTURY AVENUE SW) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. McLeod County Agricultural Association, property owner, has submitted an application for a conditional use permit to use the existing building located in the UC District for a school at the following described property: LEGAL DESCRIPTION: Lot Three (3), Block One (1), Fair Grounds Addition according to the recorded plat thereof, McLeod County, Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of* the use on the Comprehensive Plan. 3. The Council has determined that the proposed use, with the listed conditions, will be in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION RECOMMENDATION: The City Council hereby approves the conditional use permit with the following condition: 1. On -site parking must be provided for or an arrangement must be made with other facilities on -site. 2. All necessary improvement must be made and inspected by the Building Official. 3. This conditional use permit shall expire one year after issuance, unless an extension is requested. Adopted by the City Council this 27 day of June, 2000. ATTEST: Gary D. Plotz City A dministrato r Marlin D. Torgerson Mayor q 0) CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission • Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Holly Kreft, Christie Rock and Julie Wischnack, AICP Date: June 9, 2000 —Meeting Date: June 20, 2000 Applicant: Crow River Special Education (Applicant) McLeod County Agricultural Association (Property Owner) Brief Description The applicant is requesting a conditional use permit to use an existing building located at 820 Century Avenue SW for a school. The building is located in the UC District and; therefore, a conditional use permit is needed for any use within this District The request is to use this location for one year. GENERAL INFORMATION Existing Zoning: I/C Property Location: 820 Century Avenue (McLeod County Fairgrounds) Lot Size: N/A Existing Land Use: Single family dwelling Adjacent Land Use And Zoning: R -1 to the west; Century 7 Theatres to the east; fairground buildings to the south; "Old" McLeod County Household Hazardous Waste facility to the north Comprehensive Land Use Plan: Commercial Zoning History: Crow River Special Education Cooperative received a conditional use permit in May of 1998 to use the former Bethany Baptist Church at 800 Grove Street. The following conditions were attached: 1. Approval contingent on fire inspection. 2. Permit subject to a two-year review. Applicable • Regulations: Section 8.13 — Industrial/Commercial District Section 6.07 — Conditional Uses HCO Conditional Use Permit Crew River Special Education Cooperative Planning Commission, Review —June 20, 2000 Page 2 SPECIAL INFORMATION Parldng: Under Section 10.03 schools require either 1.6 or 4.5 parking spaces per classroom (elementary and junior or high school, respectively). Busing for the students will be provided; however, the staff will be parking on -site. There is 11 -12 staff members anticipated. There is currently a gravel parking area located to north of the home. Physical Characteristics: The property is flat and sparsely wooded. Analysis: Crow River Special Education Cooperative received a conditional use permit to use the former Bethany Baptist Church (see Zoning History). They would like to use the existing singe family dwelling located at the Fairgrounds for one year (see attached later). They have proposed the attached list of improvements in order to meet the requirements of the Uniform Building Code. Staff recommends approval with the following conditions: 1. On -site parking must be provided or arrangement must be made with other facilities on -site. 2. All necessary improvements must be made and inspected by the Building Official. 3. This conditional use permit shall expire one year after issuance, unless an extension is requested. Cc: Mike Young, Director of Special Education, 30 Glen Street, Hutchinson, MN 55350 Tim Ulrich, Vice President of the McLeod County Agricultural Association, P. O. Box 142, Hutchinson, MN 55350 4c") • Publication No 6182 PUBLISHED IN THE HUTCHINSON LEADER Thursday, June 8, 2000 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA III Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, ext. 258 fax (320) 234 -4240 0 Notice is hereby given the Hutchinson Planning Commission will be holding a meeting in the Council Chambers. at City Hall on Tuesday, June 10, 2000, at 5:30 p.m. for the purposes of holding a public hearing regarding an application from: Crow River Special Education Cooperative, applicant, is requesting a conditional use permit to utilize an existing residence in the l/C District as a school on property located at 820 Century Avenue SW. The following is a map which identifies the location of the property: .r, • soak . Y a. e.. ✓�J All persons wishing to be heard regarding this application should appear at this meeting or provide written comments no later than 4:30 p.m. on Tuesday, June 20, 2000. Plans and materials are available at the City offices for review, by appointment. A complete agenda of the Planning Commission meeting is also available at the City offices. If you have questions about the proposal, you may contact the Planning Department at the number provided. June 6, 2000 Date ,I CE) Hutchinson City Center ill ll o sheet SE llutchinsao. WV 55360-2522 320.587- 5151/Fm 320.234 -4240 MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning C ommiss ion SUBJECT: CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30" WMEN A FRONT YARD SETBACK AS REQUESTED BY LANCE WIGGERT (805 LINDY LANE) Pursuant to Sections 10.01 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit HISTORY On May 15, 2000, Lance Wiggert submitted an application for a conditional use permit to construct a fence at a height greater than 30" within a front yard setback. 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 m the Hutchinson Leader on June 8,2000. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planting Commission voted to recommend approval of the conditional use permit with the following condition: 1. If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement Respectfully submitted, tj i4AO'e Bill Arndt, Chairman Hutchinson Planning Commission • cc: Lance Wiggert, 805 Lindy Lane, Hutchinson, MN 55350 Prinad a mcycled pya - LI l j� RESOLUTION NO. 11505 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30" IN THE FRONT YARD SETBACK AS REQUESTED BY LANCE WIGGERT (805 LINDY LANE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Lance Wiggert, property owner, has submitted an application for a conditional use permit for the construction of a fence at a height greater than 30" in the front yard setback at the following described property: LEGAL DESCRIPTION: Lot One (1) in Block Two (2) in KIMBERLY'S COUNTRY ESTATES according to the plat thereof on file and of record in the Office of the Registrar of Titles in and for the County of McLeod and State of Minnesota 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, ertistitg and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of • the use on the Comprehensive Plan. 3. The Council has determined that the proposed use, with the listed conditions, will be in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CKi7►r���[a1�1 RECOMMENDATION: The City Council hereby approves the conditional use permit with the following condition: 1. If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement. Adopted by the City Council this 27" day of June, 2000. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor 4 C)) H.., C IT Y OF HUTCHINS PLANNING ST AFF RE PORT To: Hutchinson Planning Commission • Prepared By: Planning Stag. Brad Emans, Dick Scheiffer, Doff Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Holly Kreflt, Christie Rock and Julie Wischnack, AICP Date: June 9, 2000 — Meeting Date: June 20, 2000 Applicant: Lance Wiggert (Applicant, Property Owner) Brief Description The applicant is requesting a conditional use permit to construct a fence at a height greater than 30" within a front yard setback. The proposed fence would be setback 3' from the western property line. The required front yard setback is twenty -five feet. GENERAL INFORMATION Existing Zoning: R -2, Medium Density Residential Property Location: 805 Lindy Lane • Lot Size: 11,000 square feet (100' x 110') Existing Land Use: Single Family Dwelling Adjacent Land Use And Zoning: C4 to the north, R -3 to the west Comprehensive Land Use Plan: Commercial Zoning History: N/A Applicable Regulations: Section 10.07 — Fences and Wails Section 6.07 — Conditional Uses SPECIAL INFORMATION Parking: N/A Physical Characteristics: Flat, comer lot is Analysis: Mr. Wiggert would like to construct a fence along his western property line for privacy from eastbound traffic on Lindy Lane (see •1 C Conditional Use Permit Lm Witert -805 Ludy Lane Plamning Commission Review — June 20, 2000 Page 2 attached drawing). The proposed fence would be at a height of 6' approximately 3' from the property line. Since the line-0f -sight for traffic on Lindy Lane will not be obstructed, staff recommends approval with the following condition: If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement. Cc: Lance Wiggert, 805 Lindy Lane, Hutchinson, MN 55350 4 C -1) I, BLOCK 2, KIMBERLYS COUNTRY ESTATES 8 74.0 Curb S �A v � f'O - � N Y p Q ? u � 7 C u o S V O O Z am x3.04 at. W F W cur■ 72.84 a ?&I .71.7 - S 89 2 2' 30 E — 100.00•- 72. s. p ( 7 `I' o - � O s OON 09' }� ON .73.4 Ul 7s.aa — . .T .».e (74.4) r3 r. 56 PROPOSED cPROPOSED HOUSE MOUSE ✓ N v 1 Garage floor 74.8 N •' " - _ 42 N 14 I9- i a74.f O (74.4) a74.i - - -" .74.2 • a s.e � s N � a3 .is 173.01 ( iii 1 S f \\ - 85.00- - — S89 P4 o' W 4 e 4 � - LANE . .du` x denotes existing elevation I I denotes proposed elevation BUILDING PERMIT SURVEY for TISCHER CONSTRUCTION INC. Scale: I Inch - 30 feet. Book P Be Page 6 Job No. 8993 1 hereby certify that this survey was prepared by ee ar under my direct supervislon,and that 1 am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Date Ju 1 1989 Willard Pellinen, License No. 9626 -t (j) PELLINEN LAND SURVEYING HUTCNINSON MINNESOTA / 3z— ei7 -2-9 —t S— 0 / 8O Hutchinson City Center 111 lla® Street SE fl uk hw sm MN 5535F2522 320-587- 515VFm 320-7344240 • MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: A PRELIMINARY PLAT FOR A 13 -LOT SUBDIVISION TO BE KNOWN AS BEAU RIDGE TO BE LOCATED AT 500 GOLF COURSE ROAD NW AS REQUESTED BY JEFF MUNSELL Pursuant to Section 3.20 of Subdivision Ordinance No. 466, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a preliminary plat. HISTORY On May 15, 2000, Jeff Mtmsell submitted a preliminary plat for a 13-lot subdivision to be (mown as Beau Ridge located south of Golf Course Road and east of the proposed "New" Golf Course Road (Right -of -Way Plat No. 5). FINDINGS OF FACT 1. The required application was submitted and the fee waived. 2. Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on Am • 8, 2000. RECOMMENDATION The Planning Commission voted to recommend approval of the preliminary plat with the following conditions: I _ Must obtain final approval from the City Engineer regarding construction plans. 2. Must execute subdivider's agreement prior to consideration of the final plat by the City Council- 3. Watermain must be oversized and pmwures must be verified. 4. The drainage issues must be addressed. 5. Street construction detail must be modified 6. Street name must be changed. 7. Legal description for the property must be modified Respectfully submitted, Bill Arndt, Chairman Hutchinson Planning Commission cc: Jeff Munsell, Excetsior Homes, Inc.. 1355 Hwy 7 WesL Hutchinson, M-55350 - Main Campion. Otto Associates, 9 West Division, Buffalo, MN 55313 • vrimd m area pWa - qCq RESOLUTION NO. 11523 RESOLUTION GIVING APPROVAL OF PRELBIINARY PLAT TO BE KNOWN AS BEAU RIDGE LOCATED WEST OF KOUWE STREET AND SOUTH OF GOLF COURSE ROAD AS BY JEFF MUNSELL WHERE AS, Jeff Munsell, has submitted a preliminary plat to be known as Beau Ridge 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 land in McLeod County, to-wit; As found in Exhibit A BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: That said preliminary plat of Beau Ridge 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 following conditions: 1. Must obtain final approval from the City Engineer regarding construction plans. 2. Must execute subdivider's agreement prior to consideration of the final plat by the City Council. 3. Watermain must be oversized and pressures must be verified. 4. The drainage issues must be addressed. S. Street construction detail must be modified. 6. Street name must be changed. 7. Legal description for the property must be modified. Adopted by the City Council this 27th day of June, 2000. ATTEST: Gary D. Plotz City Administrator Marlin Torgerson Mayor L1 (,1e,, .F CITY OF HUTCHINSON`PLANNING STAFF RE PORT To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Schieffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Christie Rock, Holly Kreft and Julie Wischnack, AICP Date: June 9, 2000 — Meeting Date June 20, 2000 Applicant: Jeff Munsell, Property Owner Brief Description The property owner is requesting review of the preliminary plat for a portion of property located near Golf Course Road. The proposal provides for 13 lots on the eastern portion of the property. GENERAL INFORMATION Existing Zoning: R -1 Lot Size: Entire parcel — 22.92 acres; Area of Preliminary Plat — 4.5 acres Existing Land Use: Vacant /Agricultural Adjacent Land Use And Zoning: Housing to the west and east; Agricultural to the north; and commercial to the south. Comprehensive Land Use Plan: Low to medium density y ( 1/,) Preliminary Plat — Bean Ridge PLuut Comiaion Review — Jme 20, 2000 Page 2 Zoning History: NA • Applicable Regulations: Section 12.20 Hutchinson Subdivision Ordinance SPECIAL INFORMATION Transportation: There will be a major collector street constructed on the western property line of the proposed platting area Right of way plat number 5 has not been completed at this time, but acquisition will occur in the near future. Construction of the street would occur in conjunction with the reconstruction of Highway 7 (approximately the year 2006). Access for lot 1 must be located on the very eastern portion of the property. Additional right of way may be necessary along Golf Course Road for future accommodation of an urban section. Staff will inform the applicant prior to final plat how much additional right of way is necessary. Sewer, Water and Other Charges: Sewer and Water charges will be due at the time of building permit. Sewer fees are $600 per unit. Water fees are $400 per unit. Park fees will be $215 per trait. Electric service charge will • be $800 per unit. A subdivider's agreement must be executed prior to consideration of the final plat by the City Council. Prior to construction of the road and utilities, 7% of the construction costs must be submitted to the City. The developer is proposing a privately financed development (not a city assessment process). Analysis: Lot Configuration: The lots range between 13,952 square feet and 28,508 square feet in size. The minimum lot size within the R1 District is 10,400 square feet. Drainage/Storm Water: There will be a storm water pond located on lots 6 and 7. A possible tile line outlet to Highway 7 should be considered. Drainage to the north also needs to be addressed. Drainage on Lot 8 must be remedied. Water: 11 1--c water pressure fire flows must be verified. The watermain should be oversized, which the City would compensate. Street: The street construction, proposal needs to be revised to meet the current city standard. The ctrl de sac does not exceed 500 • feet; therefore meets the code. �l ( k) Preliminary Plat — Bean Ridge Planning Com= anion Review — Jane 20, 2000 Page 3 • Recommendation: Staff recommends approval of the final plat with the following conditions: 1. Must obtain final approval from the City Engineer regarding construction plans. 2. Must execute subdivider's agreement prior to consideration of the final plat by the City Council. 3. Watermain must oversized and pressures must be verified. a. The drainage issues must be addressed. 5. Street construction detail must be modified. 6. Street name must be changed. 7. Legal description for the property must be modified. Cc: Jeff Munsell Marty Campion, project engineer L.J • y(lc) I i � � — L�if rr•� _ L7 as \ 4 27./71Y Y lasn g ;� r C° M 1 , Mgr R ,1 a RD y R 117 sP Ld �.w � � F o 45 nays or , 'l 14� Al' 12 J . i- 14.101 SF 1 ) 7 S 6 p• 11 , SAO w 1 ;at ar v I IS,= al� J � 7 u ar sl u I .s 7 ow 'I po ambo _ w I 1 fi I 1 1 �I 'I �,.� lmp ]R■ r C° M 1 ."1 I.a Ipp70 3 leM Naar "h iM ■ the a Ia ILL 1/e M w 9.1. 1/e I_ 1 w F t TOTAL PLAT AREA - 6.55 DEVELOPER: JEFF MUNSELL 355 HWY 7 WEST HUTCHINSON, MN 5_ 320- 587 -4990 VICINITY MAP . - --- - R PROPOSED PROKRW DES(Jp%lar: 7W "" d the L ubsom O"no, el " PwuM Oor oea of the %wo w p,>Ir a peobuael 0°rler of 9aOen M. 7,w," 117 North. *ape 30 NW of 00 10 0 - -11 1 14Aaa. aarea a 1 1pvt► BeyWWIp pl o p.N1 a a Yne PareeM ells ono 4737 IeM e a m4W@f M a rW Im IN �co R a RD _ R \ I 1113 'l 12 i- 14.101 SF 7 11 , 1 ;at ar 10 IS,= al� J bb 9 I ."1 I.a Ipp70 3 leM Naar "h iM ■ the a Ia ILL 1/e M w 9.1. 1/e I_ 1 w F t TOTAL PLAT AREA - 6.55 DEVELOPER: JEFF MUNSELL 355 HWY 7 WEST HUTCHINSON, MN 5_ 320- 587 -4990 VICINITY MAP . - --- - R PROPOSED PROKRW DES(Jp%lar: 7W "" d the L ubsom O"no, el " PwuM Oor oea of the %wo w p,>Ir a peobuael 0°rler of 9aOen M. 7,w," 117 North. *ape 30 NW of 00 10 0 - -11 1 14Aaa. aarea a 1 1pvt► BeyWWIp pl o p.N1 a a Yne PareeM ells ono 4737 IeM e a m4W@f M a rW Im IN Hutchinson City Center Ill Hann Street SE Hutddl .MN 553542522 320. 587- 51511Fau 3242344240 MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: Hutchinson Planning Commission SUBJECT: CONSIDERATION OF CONDITIONAL USE PERMIT TO CONSTRUCT A UTILITY TRANSMISSION LINE IN THE FLOODWAY AS REQUESTED BY THE HUTCHINSON UTILITIES COMMISSION (SECTION 8 OF HASSAN VALLEY TOWNSHIP) Pursuant to Section 10.01 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit. HISTORY On May 17, 2000, Hutchinson Utilities Commission submitted an application for a conditional use permit to construct a utility transmission line in the floodway with a revised route. A previous route was approved last month. FINDINGS OF FACT I . The required application was submitted and the fee waived. • 1 Notices were mailed to the surrounding property owners as well as published in the Hutchinson Leader on June 8, 2000. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: I . Any permits required by other agencies (i.e. MN DNR, Corp of Engineers) shall be obtained and copies of such permits provided to the City. 2. Plans or documents certifying that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 3. Any topographic surveys shall be made available to the City Planning Staff for review, prior to construction. 4. All available precautions shall be taken so as not to affect the proposed location of the Compost Facility and any other future City property plans. Respectfully submitted, W4 2Pw/nt / Bill Arndt, Chairman Hutchinson Planning Commission is cc: Clarence Kadrmas, Director of Hutchinson Utilities Commission Robert Collett, MNDNR Area Hydrologist. 20596 Hwy 7 West, Hutchinson. MN 55350 Pnnm mmcxiedpVff- 4(,l RESOLUTION NO. 11508 RESOLUTION APPROVING THE CONDITIONAL USE PERMIT TO CONSTRUCT A UTILITY TRANSMISSION LINE IN THE FLOODWAY AS REQUESTED BY THE HUTCHINSON UTILITIES COMMISSION (REVISED ROUTE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Hutchinson Utilities Commission, applicant, has submitted an application for a conditional use permit for the construction of a utilities transmission line in the floodway at the following described property: LEGAL DESCRIP'T'ION: see attached 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. • 3. The Council has determined that the proposed use, with the listed conditions, will be in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION RECOMMENDATION: The City Council hereby approves the conditional use permit with the following conditions: 1. Any permits required by other agencies (i.e. MN DNR, Corp of Engineers) shall be obtained and copies of such permits provided to the City. 2. Plans or documents certifying that the flood proofing measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 3. Any topographic surveys shall be made available to the City Planning Staff for review, prior to construction. 4. All available precautions shall be taken so as to not affect the proposed location of the Compost Facility and any other future City property plans. Adopted by the City Council this 27' day of June, 2000. ATTEST: Gary D. Plotz City Administrator Marlin D. Torgerson Mayor Ll (t) CITY OF HUTCHINSON PLANNING STAFF REPORT To: Hutchinson Planning Commission • Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Plotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Holly Kreft, Christie Rock and Julie Wischnack, AICP Date: June 9, 2000 — Meeting Date: June 20, 2000 Applicant: Hutchinson Utilities Commission Brief Description The Hutchinson Utilities Commission is proposing an alternate route to address concerns raised by affected residential property owners. The route will now cross the South Fork of the Crow River three times and may be within the floodway in a fourth area see attached map). The previous request was approved by the City Council at their May 23 meeting. Hutchinson Utilities Commission is proposing a 115 KV line. This line is covered by three jurisdictions: McLeod County, Joint Planning Area and City of Hutchinson. Both the County and Joint Planning Area require conditional use permits for major essential • service lines. The City, however, only requires a conditional use permit for transmission lines constructed in the floodway. The public hearings for both of these requests were held in April. GENERAL INFORMATION Existing Zoning: I -1/I -2 Property Location: South half of Section 8, Hassan Valley Township Lot Size: N/A Existing Land Use: HATS, Wastewater Treatment Facility, Compost Site Adjacent Land Use And Zoning: Farmland, I -2 to the west Comprehensive Land Use Plan: Industrial Zoning History: N/A • Applicable Regulations: Section 8.18 — Flood Plain Management `fit) Conditional Use Permit Ehrkbiason Utilities Commission Planning Commission Review — June 20, 2000 Page 2 Staff recommends approval with the following conditions: 1. Any permits required by other agencies (i.e. MN DNR Corp of Engineers) shall be obtained and copies of such permits provided to the City. 2. Plans or documents certifying that the flood proofing • measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 3. Any topographic surveys shall be made available to the City Planning Staff for review, prior to construction. 4. All available precautions shall be taken so as not to affect the proposed location of the Compost Facility. Cc: Clarence Kadrmas, Director of Hutchinson Utilities Commission Rob Collett, DNR Area Hydrologist Li CI) SPECIAL INFORMATION Parldng: N/A Physical Characteristics: Shoreland of the South Fork of the Crow River; riparian woodland Analysis: The zoning ordinance states that `utility transmission lines" require a conditional use permit in the floodway district. Section 8.18.11 addresses the factors that the Planning Co should take into consideration when reviewing the request. The Ordinance also states "all public utilities and facilities such as gas, electrical, sewer, and water supply systems to be located in the floodplain shall be flood proofed in accordance with the State Building Code or elevated to above the Regulatory Flood Protection Elevation ". Staff recommends approval with the following conditions: 1. Any permits required by other agencies (i.e. MN DNR Corp of Engineers) shall be obtained and copies of such permits provided to the City. 2. Plans or documents certifying that the flood proofing • measures are consistent with the Regulatory Flood Protection Elevation and associated flood factors for the particular area. 3. Any topographic surveys shall be made available to the City Planning Staff for review, prior to construction. 4. All available precautions shall be taken so as not to affect the proposed location of the Compost Facility. Cc: Clarence Kadrmas, Director of Hutchinson Utilities Commission Rob Collett, DNR Area Hydrologist Li CI) • Publication No 6184 PUBLISHED IN THE HUTCHINSON LEADER Thursday, June 8, 2000 Notice of Public Hearing CITY OF HUTCHINSON COUNTY OF MCLEOD STATE OF MINNESOTA I l I Hassan Street, Hutchinson MN 55350 phone (320) 587 -5151, ext. 258 fax (320) 234 -4240 Notice is hereby given the Hutchinson Planning Commission will be holding a meeting in the Council Chambers, at City Hall on Tuesday, June 20, 2000, at 5.30 Am. for the purposes of holding a public hearing regarding an application from: Hutchinson Utilities Commission, applicant, is requesting a conditional use permit to construct a utility transmission line within the floodway of the South Fork of the Crow River (revised route). The following is a map which identifies the location of the property: Revi sod • . +.n MrANd UNOAR7 aron�§ • All persons wishing to be heard regarding this application should appear at this meeting or provide written comments no later than 4:30 p.m. on Tuesday, June 20, 2000. Plans and materials are available at the City offices for review, by appointment. A complete agenda of the Planning Commission meeting is also available at the City offices. If you have questions about the proposal, you may contact the Planning Department at the number provided. June 6, 2000 Date 1 �'r '1 (1) Hutchinson City Center 111 Ha® Shat SE Hutchinson, MN 5535&7522 320.587.5151/Fm 32&23412441 • MEMORANDUM DATE: June 21, 2000 TO: Hutchinson City Council FROM: H utchinson Planning Commission SUBJECT: CONDITIONAL USE PERMIT TO CONSTRUCT A 3' PICKET FENCE IN THE FRONT YARD SETBACK AND A FENCE EXCEEDING 6' AS REQUESTED BY KEITH EVENSON (626 HARMONY LANE) Pursuant to Sections 10.01 of Zoning Ordinance No. 464, the Hutchinson Planning Commission is hereby submitting its findings of fact and recommendation with respect to the aforementioned request for a conditional use permit HISTORY On May 17, 2000, Keith Evenson submitted an application for a conditional use permit to construct a picket fence in the front yard setback and a fence exceeding 6'. FINDINGS OF FACT I. 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 June • g, 2000. 3. At the public hearing held, no neighbors were present to object nor had staff received any written objections. RECOMMENDATION The Planning Commission voted to recommend approval of the conditional use permit with the following conditions: I. If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement. 2. The proposed fences must have a finished side on the exterior. Respectfully submitted, Bill Arndt Chairman Hutchinson Planning Commission cc: Keith Evenson, 16561 Oday Avenue, Hutchinson, MN 55350 • Pnawd � nncim wn« - 4m) RESOLUTION NO. 11506 RESOLUTION APr'ROVING THE CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30" IN THE FRONT YARD SETBACK AND A FENCE EXCEEDING WIN THE SIDE AND REAR YARD AS REQUESTED BY KEITH EVENSON (626 HARMONY LANE) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MN: FINDINGS 1. Keith Evenson, property owner, has submitted an application for a conditional use permit for the suction of a fence at a height greater than 30" in the front yard setback and a fence exceeding 6' in the side and rear yard at the following described property: LEGAL DESCRIPTION: Lots Thirteen (13) and Fourteen (14), Lynn Addition, City of Hutchinson, according to the recorded plat thereof, McLeod County, Minnesota. 2. The City Council has considered the recommendation of the Planning Commission and the effect of the proposed use on the health, safety, and welfare of the occupants of the surrounding lands, existing and • anticipated traffic conditions, and the effect on values of properties in the surrounding area and the effect of the use on the Comprehensive Plan. 3. The Council has determined that the proposed use, with the listed conditions, will be in harmony with the general purpose and intent of the Zoning Ordinance and the Comprehensive Plan. CONCLUSION RECOMMENDATION: The City Council hereby approves the conditional use permit with the following condition: 1. If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement. 2. the proposed fence must a have a finished side on the exterior. Adopted by the City Council this 27 dsy of June, 2000. ATTEST: Gary D. Plotz City Administnaor Marlin D. Torgerson Mayor Ll C&n) 1 CITY OF HUTCHINSON PLANNING STAFF REPORT I 0 To: Hutchinson Planning Commission Prepared By: Planning Staff: Brad Emans, Dick Scheiffer, Dolf Moon, Don Nelson, Gary Ptotz, Jean Ward, John Rodeberg, John Olson, John Webster, Marc Sebora, Mark Hensen, Mark Schnobrich, Steve Madson, Holly Kreft, Christie Rock and Julie Wischnack, AICP Date: June 9, 2000 — Meeting Date: June 20, 2000 Applicant: Keith Evenson (Applicant, Property Owner) Brief Description The applicant is requesting a conditional use permit to construct a fence at a height greater than 30" within a front yard setback and greater than 6' m the side and rear yards. GENERAL INFORMATION Existing Zoning: R -2, Medium Density Residential Property Location: 626 Harmony Lane • Lot Sae: 8,712 square feet (66' x 132') Existing Land Use: Vacant lot Adjacent Land Use And Zoning: R -1 to north Comprehensive Land Use Plan: Low Density Residential Zoning History: Single family dwelling was removed this spring Applicable • Regulations: Section 10.07 — Fences and Walls Section 6.07 — Conditional Uses SPECIAL INFORMATION Parking: N/A Physical Characteristics: Flat, wooded area L-1c") Conditional Use Permit Keith Evenson- Harmony Lane Planning Commission Review —June 20,20M Page 2 Analysis: Mr. Evenson would like to construct an opaque fence at a height of • eight feet in the side and rear yards and a picket fence at a height of three feet in the front yard (see attached drawing). The required heights are six feet and thirty inches, respectively. Mr. Evenson plans to use the lot for outdoor photography. There will not be a dwelling on the lot at this time. Commercial uses are not allowed in the R -2 District. Mr. Evenson has been made aware that if complaints are made about the use, staff will enforce the Ordinance. Since the line -0f - - sight for traffic on Harmony Lane will not be obstructed, staff recommends approval with the following conditions: 1. If the proposed fence is built within any easement, the property owner shall be responsible for repair need for any fencing damage during the maintenance or improvement of utilities within said easement. 2. The proposed fences must have a finished side on the exterior. Cc: Keith Evenson, 16561 Oday Avenue, Hutchinson, MN 55350 -4 C6,) 0 %kkk% 3' J ? i -kef FiKc a' - Pri ✓acy 1ei+c= • �J r i I y Cl,,) 7 MINUTES HUTCHINSON PLANNING COMMISSION Tuesday, June 20, 2000 • 1. CALL TO ORDER 5:30 P.M. VIS/ The meeting was called to order by Chairman Arndt at 5:30 p.m. with the following members present: Jason Olsen, Dean Kirchoff, Dave Westlund, Jim Haugen, Jeff Jones and Brandon Fraser. Also present: Julie Wischnack, AICP, Director of Planning /Building /Zoning; Holly Kreft, Planning Coordinator and Richard Schieffer, City Attorney. 2. CONSENT AGENDA Mr. Jones moved to approve the minutes as submitted. Mr. Kirchoff seconded the motion. Motion carried. 3. PUBLIC HEARINGS a) CONSIDERATION OF VACATION OF EASEMENTS FOR LOT 5, BLOCK 2 OF ISLAND VIEW HEIGHTS 2 ADDITION AS REQUESTED BY WILLIAM GUGGEMOS Chairman Arndt opened the hearing at 5:33 p.m. with the reading of publication #6179 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Wischnack explained the request and displayed maps showing the area proposed to be vacated. She added that the lots could not be combined because they were part of two separate subdivisions. She stated that there were no utilities within the easement to be vacated, but that staff did recommend perimeter easements be dedicated in the Outlot. Mr. Haugen moved to close the hearing at 5:35 p.m. Mr. Kirchoff seconded the motion. The motion • carried unanimously. Mr. Kirchoff moved to approve the request for vacation of easements with the following conditions: 1. There be an additional perimeter easement dedicated on Outlot A, and 2. That the properties must act as one parcel; Outlot A may not be sold separately or constructed upon without Lot 5, Block 2. Mr. Haugen seconded the motion. Motion to approve with the above conditions carried unanimously. b) CONSIDERATION OF A VARIANCE TO CONSTRUCT A DETACHED GARAGE WITHIN A FRONT YARD AS REQUESTED BY TIM SMITH (841 2ND AVENUE SW) Chairman Arndt opened the hearing at 5:36 p.m. with the reading of publication #6180 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Wischnack explained that the Zoning Ordinance does not allow for an accessory structure to be placed within a front yard. She added that some cities consider the lake side the front yard on properties such as this. She also stated that the proposed building does meet all of the other required setbacks. She explained that staff recommended approval with a list of conditions, and that staff felt the limited access to the rear yard and its location in the floodplain did prove a hardship. Mr. Haugen questioned if the large tree shown in the photograph would be saved. Mr. Smith stated that it would be. Mr. Kirchoff questioned the use of the proposed garage. Mr. Smith replied that it would be for vehicles because the area previous used as an afiached garage.was now part of the living quarters. Mr. Jones questioned if the exterior of the proposed structure would match the house. Mr. Smith replied that it would. Mr. Kirchoff moved to close the hearing at 5:40 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Mr. Haugen moved to approve the variance with the following conditions: 1. An attempt be made to save the existing tree in the garage area, 2. The garage dimensions be constructed as provided in the plans, 3. The garage may not exceed 16 feet in height and 4. The garage will not be a pole building. Mr. Westlund seconded the motion. Motion to approve carried unanimously. Minutes Planning Commission — June 20, 2000 Page 2 c) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT DUGOUTS IN THE • FLOODWAY OF THE SOUTH FORK OF THE CROW RIVER AS REQUESTED BY THE CITY OF HUTCHINSON (300 LES KOUBA PARKWAY — RIVERSIDE PARK) Chairman Arndt opened the hearing at 5:41 p.m. with the reading of publication #6181 for the conditional use permit as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Wischnack explained the request and showed the location relative to the floodplain. She added that a conditional use permit is required for structures constructed in the floodway. She also added that construction had already started. Ms. Wischnack stated that the construction plans were verified with the City Engineer and Department of Natural Resources and that it was determined that it would not obstruct flow. Mr. Kirchoff moved to close the hearing at 5:43 p.m. Mr. Jones seconded the motion. The motion carried unanimously. Mr. Kirchoff moved to approve the conditional use permit with the following condition: the Park and Recreation Department must acquire a building permit for completion of the project. Mr. Haugen seconded the motion. Motion to approve with the above condition passed unanimously. d) CONSIDERATION OF A CONDITIONAL USE PERMIT TO UTILIZE AN EXISTING BUILDING IN THE I/C DISTRICT FOR A SCHOOL AS REQUESTED BY CROW RIVER SPECIAL EDUCATION COOPERATIVE (820 CENTURY AVENUE SW) Chairman Arndt opened the hearing at 5:45 p.m. with the reading of publication #6182 as published in the Hutchinson Leader on Thursday, June 8, 2000. is Ms. Kreft presented the request and stated that staff recommended approval with the listed conditions. Mr. Mike Young, Director of Special Education Services, stated that he was in agreement with all of the proposed conditions and that their lease was for only one year. He also added that potentially 30-40 students would be on -site, but it would probably be less than that. Mr. Haugen moved to close the hearing at 5:50 p.m. Mr. Olsen seconded the motion. The motion to close the hearing carried unanimously. Mr. Haugen moved to approve the conditional use permit with the following conditions: 1. On -site parking must be provided for or arrangements must be made with other facilities on -site, 2. All necessary improvements must be made and inspected by the Building Official and 3. This conditional use permit shall expire one year after issuance, unless an extension is requested. Mr. Jones seconded the motion. Motion to approve with the above conditions carried unanimously. e) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE AT A HEIGHT GREATER THAN 30" WITHIN A FRONT YARD SETBACK AS REQUESTED BY LANCE WIGGERT (805 LINDY LANE) Chairman Arndt opened the hearing at 5:51 p.m. with the reading of publication #6183 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Kreft presented the request and explained that since the line-a,'-sight would not be obstructed, staff recommended approval. Mr. Jones questioned what type of fence it would be. Mr. Wiggert replied that the proposed fence would be a six foot wood fence. Mr. Kirchoff moved to close the hearing at 5:55 p.m. Mr. Olsen seconded the motion. The motion carried unanimously. Minutes Planning Commission — June 20, 2000 Page 3 Mr. Westlund moved to approval the conditional use permit with the condition that if the proposed fence is built within any easement, the property owner shall be responsible for repair needed for any fencing • damaged during maintenance or improvement of utilities within said easement. Mr. Olsen seconded the motion. Motion to approve carried unanimously. f) CONSIDERATION OF A PRELIMINARY PLAT FOR AN 11 -LOT SUBDIVISION TO BE KNOWN AS BEAU RIDGE TO BE LOCATED AT 500 GOLF COURSE ROAD NW AS REQUESTED BY JEFF MUNSELL Chairman Arndt opened the hearing at 5:56 p.m. with the reading of publication #6186 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Wischnack explained the request. She displayed maps showing the proposed plat as well as the proposed Right -of -Way Plat No. 5. Right -of -Way Plat No. 5 will reroute Golf Course Road to Highway 7. She added that the project will be done in conjunction with the reconstruction of Highway 7, which is proposed for 2006. She stated that the proposed plat meets the minimum standards for lot size. Only one access will be from Golf Course Road and the City Engineer has stated that this access must go as far east as possible for Lot 1. She added that staff did recommend approval with the numerous conditions listed in the staff report. Mr. Jones questioned if the lots on the western border would be reduced due the construction of Right - of -Way No. 5. Ms. Wischnack replied that they would not be reduced because the surveyor included the Right -of -Way plat. Mr. Marty Campion of Otto and Associates and project engineer stated that both he and the developer agreed with staffs recommended conditions. The Commission questioned the close proximity of the homes on the eastern border. Ms. Vischnack stated that most the homes were probably built prior to the adoption of the Zoning Ordinance. Mr. Jones moved to close the hearing at 6:00 p.m. Mr. Kirchoff seconded the motion. The motion carried unanimously. Mr. Jones moved to approve the preliminary plat with the following conditions: 1. Must obtain final approval from the City Engineer regarding construction plans, 2. Must execute subdivider's agreement prior to consideration of the final plat by the City Council, 3. Watermain must be oversized and pressures must be verified, 4. The drainage issues must be addressed, 5. Street construction detail must be modified, 6. Street name must be changed and 7. Legal description for the property must be modified. Mr. Haugen seconded the motion. Motion to approve with the above conditions carried unanimously. g) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A TRANSMISSION LINE IN THE FLOODWAY OF THE SOUTH FORK OF THE CROW RIVER AS REQUESTED BY HUTCHINSON UTILITIES COMMISSION (REVISED ROUTE) Chairman Arndt opened the hearing at 6:01 p.m. with the reading of publication #6184 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Kreft presented the request and explained that this was a revised route. She displayed maps showing the previously approved route as well the revised route. She added that the previous route had been approved by the City Council, but it had not been approved by the County Board for the portion_:. out3de of city limits. Ms. Kreft also stated that the topoJraphic survey had not been done as of yet. Mr. Kirchoff questioned if the item should be tabled until a topographic survey is provided. Ms. Kreft stated that staff did not feel this was necessary if a condition is attached that staff could review the survey prior to construction. Craig Lenz, Hutchinson Utilities Commission member, stated that there is a need to move forward with the process. Mr. Jones questioned why the route had been revised. Mr. Lenz replied that the route had been revised to address concerns of property owners. Mr. Fraser questioned the timeline. Mr. Lenz stated that a lease would be up soon and that bids would need to be let for the 2001 construction. Minutes Planning Commission - June 20, 2000 Page 4 Mr. Haugen moved to close the hearing at 6:05 p.m. Mr. Olsen seconded the motion. The motion • carried unanimously. Mr. Haugen moved to approve the conditional use permit with the following conditions: 1. Any permits required by other agencies (i.e. MN DNR, Corp of Engineers) shall be obtained and copies of such permits provided to the City., 2. Plans or documents certifying that the floodproofing measures are consistent with the regulatory Flood Protection Elevation and associated flood factors for the particular area, 3. Any topographic surveys shall be made available to the City Planning Staff for review, prior to construction, and 4. All available precautions shall be taken so as not to affect the proposed location of the Compost Facility or any other proposed City projects. Mr. Kirchoff seconded the motion. Motion to approve, with the above listed conditions, carried unanimously. h) CONSIDERATION OF A CONDITIONAL USE PERMIT TO CONSTRUCT A FENCE 3' PICKET FENCE IN THE FRONT YARD SETBACK AND A FENCE EXCEED 6' AS REQUESTED BY KEITH EVENSON (626 HARMONY LANE) Chairman Arndt opened the hearing at 6:07 p.m. with the reading of publication #6185 as published in the Hutchinson Leader on Thursday, June 8, 2000. Ms. Kreft explained the request and displayed a sketch outlining the heights and locations of the fence. Mr. Jones questioned the precedent set by allowing a commercial use of property in a residential district. Ms. Kreft replied that staff was not concerned with this use at this time because it was not an intensively commercial use of the property. She also stated that the applicant, as well as other area photographers, already used city parks for such purposes. Mr. Schieffer stated that he did not agree with the recommendation for approval and added that if violations did occur that staff would be responsible for enforcement. Mr. Evanson stated that he did not feel this use would not be any different than going to someone's home or the city parks for photographs. Mr. Jones questioned the need for the 8' fence. Mr. Evenson replied that it was needed to block the activities from the neighbors. Mr. Kirchoff moved to close the hearing at 6:15 p.m. Mr. Haugen seconded the motion. The motion carried unanimously. Mr. Westlund moved to approve the conditional use permit with the following conditions: 1. If the proposed fence is built within any easement, the property owner shall be responsible for any repair needed for any fencing damage during the maintenance or improvement of utilities within said easement and 2. The proposed fences must have a finished side on the exterior. Mr. Jones seconded the motion. Motion to approve carried unanimously. NEW BUSINESS a) CONSIDERATION OF A LOT SPLIT AS REQUESTED BY JASON AND NICCOLE SCHWARTZ (5001502 LAKEVIEW LANE SW) Ms. Kreft presented the request and stated that the proposal met all of the required lot sizes and setbacks. Mr. Fraser questioned if the siding should be placed in the association agreement. Mr. Schieffer stated that it should be included and that this condition should be attached to all lot splits with existing buildings. Mr. Haugen moved to approve the lot split with the two conditions: 1. A building inspection shall be completed prior to review by the City Council and 2. An association agreement should be drafted and submitted prior to review by the City Council. Mr. Kirchoff seconded the motion. Motion to approve • carried unanimously. Minutes Planning Commission — June 20, 2000 Page 5 b) CONSIDERATION OF ANNEXATION OF PROPERTY LOCATED ON HWY 7 EAST AS REQUESTED • BY FRANK FAY Ms. Wischnack gave the history of the requested annexation and reiterated that the petition was initiated by the property owners and not the City. She stated that a previous request for annexation that included all of the property along Highway 7 East had been rejected by Hutchinson Township. She added that there are actually two items before the Commission, a petition for annexation and a joint resolution drafted by Hutchinson Township. Ms. Wischnack reviewed the positives and negatives of the annexation listed in the staff report. She added that as the resolution stated that the City would be responsible for providing services immediately, paying for the Township's legal costs and allow the adjacent property owners an indefinite amount of time for annexation. Mr. Jones questioned if there were currently any buildings in the proposed annexed area. Ms. Wischnack replied that property owned by Mr. Heikes does have a building on it. Mr. Jones questioned the reasoning behind having the condition that the excluded property owners could wait to be annexed. Ms. Wischnack replied that the township had indicated that it wanted to protect those property owners. Mr. Jones also questioned what staff would recommend for timeline for annexation of the properties currently excluded. Ms. Wischnack replied that staff would recommend a timeline of five years. Mr. Westlund questioned that would happen if those properties did not need services at time of annexation. Ms. Wschnack said that the City Council would need to decide what to do in such a case. Mr. Kirchoff questioned if water service would run along Highway 7. Ms. Wischnack replied that it would. Mr. Haugen asked if the properties were annexed if the City would need to provide services immediately. Ms. Wischnack stated that as the resolution read the City would need to provide services, but it was not in a position to do so. Mr. Olsen questioned if the properties north of the proposed annexed area were interested in annexation. Jon Christensen, property owner, stated that he lived on a family farm and that they had no interest whatsoever of annexation. Mr. Fay stated that Hennen's had signed a purchase agreement for the property located to the south of Highway 7 and east of Highway 22. He added that they only needed water and not sewer services at this time. Mr. Westlund questioned if the buyer's were aware of the cost for these services. Mr. Fay stated that they were. Jon Christensen, Chairman of Hutchinson Town Board, stated that at their meeting the township had suggested seven years as the timeline for annexation by the properties not included. Bob Weir, owner of Yamaha Motorsports, stated that he had signed a purchase agreement in 1998 for property located south of Highway 7 and west of Highway 22. He added that a township meeting he had attended three months ago the township had recommended approval of the annexation with the condition that the area not annexed be allowed seven years before annexation. Mr. Jones questioned what Mr. Weir would do if he were not annexed. Mr. Weir stated that he would still move to the new location and would need a conditional use permit in the Joint Planning Area. Craig Lenz, owner of Ag Systems, stated that as a property owner not wishing to annex at this time, he felt that the process was too rushed. Mr. Schieffer stated that he had concerns relative to the contract language regarding services provided by the City. He also questioned if :ne planning behind the proposed annexation was appropriate since the area is not contiguous with the city limits. Mr. Lenz stated that he would like more details as to the cost the planning of services for this area. Mr. Weir questioned staff if a study had been done in this area. Ms. Wischnack replied that there had been a study done this year to address the Highway 22 Bypass area. Fred Seitz, property owners, stated that he and his wife had purchased the land about five years ago. He added that a predevelopment meeting had been held and that no one had indicated any problems with the proposal at that time. Minutes Planning Commission - June 20, 2000 Page 6 Mr. Jones questioned Mr. Lenz as to why he did not want to be annexed. Mr. Lenz said that he realized that annexation was inevitable, but felt that it should be in a more orderly fashion at a time when services would be available. He also added that orderly annexation would allow for budgeting of assessment costs. Mr. Olsen questioned what the next step should be. Ms. Wischnack stated that if the Commission wished to table the item, they should have a list of the additional material needed. Mr. Jones stated that he felt there were too many loose items to reach a decision at this time. He added that he would like to see more information regarding the plans for the sewer services. Mr. Fraser stated that he would also like to see what the proposed plans are for the area outside of the annexation. Mr. Arndt added that he would like to see any development in this area under the city's control. Ms. Wischnack summarized the additional information regarding: the sewer study, the land use study for the corridor and that the concerns regarding the resolution be relayed to the Township attorney. There was discussion as to whether or not a special meeting should be held. Due to the upcoming holiday, the Commission decided that a special meeting would not be feasible. Mr. Jones moved to table the item until the July 18, 2000 meeting to allow time for staff to gather the additional information listed above. Mr. Olsen seconded the motion. Motion to table the request passed 6-0 -1 with Mr. Kirchoff absent. 5. OLD BUSINESS 6. COMMUNICATION FROM STAFF a) REVIEW OF OUTLINE FOR AMENDMENT TO ORDINANCE REGARDING HOME OCCUPATIONS 91 Ms. Wischnack reviewed the proposed changes of the zoning ordinance regarding home occupations. Mr. Westlund questioned how this would affect the existing uses. Ms. Wischnack replied that they would be treated as a non - conforming use and if they wished to enlarge or change the use, then Code would require compliance. Mr. Jones felt that a definition of employees should be included. He gave the example of a home business that had many employees who visited once a day to receive their instructions for the day. Discussion also was held relative to whether or not there should be a distinction between owner and employee. Ms. Wischnack stated that she would place the item on July's agenda for a public hearing. b) CONTINUED DISCUSSION OF REZONING OF ANNEXED AREA ON DALE STREET The consensus was to see if the revised home occupation language would address most of the concerns in this area. ADJOURNMENT There being no further business, Mr. Jones moved to adjourn the meeting at 8:06 p.m. Mr. Arndt seconded the motion. Motion carried. 9 February 1. 2000 Mr. Dou.) t - M cI S W 414,e-1 H � M rt . 5535 RE: %IW0 A Central Section Nomination \\ Class N1w'n }en�.tcc OP1�rir►Tar< Dear On behalf of the Ventral Section of the i%[W0A organization. I would like to Congratulate }you on your nomination Inr the ('lass N 1A _____ __ t Tl)erator Award. Your name will now go in for the Class Wla' r% +e^ Artet Operator Award at the Slate level. rvc enclosed tiro cupirs of the one page applicalion. Please till it out and send it hack to me by April 10. 2000 so I can forward it to the Award Cnmntinee O'hairperson tbv \iav I. 201M). The winners, will he selected by .fune 1 i. 20x111 and the Award will In prewnled at the Annual \1WOA Banquet on .lu1v 27. _WO in Skakopee. Please include a noteback on the (Tithe. Alien. and Where ofvour City Council or Board • meetings. If you have am• questions. please call me at 3211 -'-69 -*;440 home or 320 -269 -5419 work. Congratulations Again!!! Sincerely. / 1 U , Byron liavvnga, Ccnlral Section Director 71 l South 12th itrect Montevideo. MN'. X626+ June 19, 2000 40 To The Hutchinson City Council: Since Hutchinson does not have an active charter commission we contacted the League of MN Cities to see how we should proceed with our petition. They recommended that the petition be submitted to the city council if charter commission vacancies cannot be filled in time. I believe you have received a copy of the letter from the League, but I have enclosed a copy for your reference. As you can see, the required number of petition signatures is also addressed in this letter and the research attorney determined that we need to obtain five percent of the total votes cast in the last state general election, pursuant to MN Statute 410.12 subd. L For your information, the five percent means we would need 270 good signatures based on information from the county auditor. The council does have the option of putting these on the ballot by ordinance. Otherwise, we just have to go through the petition process. The enclosed petition is being submitted to the Hutchinson City Council for its approval to form and substance as prescribed in MN Statute 410.12 subd.1. The council shall within ten days after submission to it, return the same to the proposers of the amendments with such modifications in statement as it may deem necessary in order that the summary may fairly comply with the requirements set forth. Sincerely, �� M I. I RECEIVED JUN 2 0 2000 • Cqy of Hutchison 6 —c—, L MC L.Ww 06.. May 30, 2000 Steve Cook 728 Juul Road Hutchinson, MN 55350 Dear Mr. Cook: 145 University Avenue West, St. Paul, MN 55103 -20" Phone: (671) 281 -1200 • (800) 925 -1122 TDD (651) 281.1290 LMC Fu: (651) 281 -1299 • LWIT Fa:: (651) 281.1298 Web Site: http: / /www.hnnc.org This letter is in response to your inquiry regarding your efforts to amend the Hutchinson City Charter. You indicated that the charter commission for the City was disbanded in 1987 after the charter was adopted. I spoke to Duke Addicks, League special counsel, about this matter. He stated that the situation in fact is one in which the charter commission continues to exist but that there is not anyone serving on it. Therefore, vacancies exist on the charter commission. • I discussed with Mr. Addicks the proper method by which your petition should proceed in light of the state of the charter commission. He stated that the best approach would be for the vacancies in the charter commission to be filled pursuant to Minnesota Statute § 410.05, subd. 2. At that point, the amendment procedure would follow the form outlined in Minnesota Statutes. Mr. Addicks indicated that, if the charter commission vacancies were filled, he would be happy to meet with the commission to explain Ws role. If, however, you have enough signatures on the petitions before the vacancies on the charter commission are filled, the proper avenue would be to submit the petition papers directly to the city council as would be done to the charter commission in Minn. Stat. § 410.12, subd. 3. Your other question concerned the number of qualified voter signatures that would be required for amendment. Your concern stemmed from the fact that while the Minnesota Statutes required 5% for an amendment the City Charter seemed to raise the limit to 20 %. 1 believe that the 20% requirement that you are concerned with comes from § 5.02 of the City Charter. In light of the language of § 5.01, 1 believe that the 20% requirement only concerns petitions for ordinances and recall and not charter amendments. My conclusion is based upon review of the copy of the Hutchinson City Charter we have on file here at the League, which may be subject to other interpretations. The copy of the charter that the AN EQUAL OPPORTUNrTY /AWW.MATIVE ACTION EMPLOYER League has may not have been updated to contain all the current amendments to the charter. • I hope that this information is helpful to you. Pursuant to League policy, I am forwarding a copy of this letter to the Hutchinson City Council. Please feel free to contact the League if we can be of any future assistance to you. Ve truly yours,/' Eric L Hedtke Research Attorney League of Minnesota Cities cc Hutchinson City Council PETITION FOR HUTCHINSON C17Y CHARTER AMENDMENTS TIH.4 PERLION POR HU TCHDI" CTrY CHARM ANDIS4'X13 (a0adby not Its •s hvs Isa aes d tie 1mal.alts cm in t` Im ptaviaa mse (Pod elocu m to tb Caty of HGtt II ►Bump a hey died wO the Hatchiss City Clark for m PWPm Of PmPSam[ teriaont o the C9y Chmtar to maw be pnd and etmsad by Oar City Camcd of the City of Hschom Nominate er, ifdz Comm) rata m coW the F , aedmcm in s aocspume fora whom the use limo m forth by the Hutchoeoe Cal Ckster and Onftmw . ad MS. 8410.11 then to be Oamd on the ballot at the nett elect= o=wrm{ m the Coy. The enact tad of the pmpad City Clatter Amendments ate m file wsh the omoc of City Clerk the Hmch®m Lt is male a Ptrt d this Petium far Hmcllase City Chmter AaomdmmIs by referescs. The proposed Hrschoson City Chstef Ammdm ate s1t®mved IN knows: l.) Cater 1 Sarbm 2.01 Pam of Gtivamm. sad 204 FJmivn Omens,"be mild sa the the deaod office's will nwhrde a msyv, A tam¢, and one wad mental member hots tad of the tome worms and os stye camcil rmeber. 2) Chapter 1 Somm 2.09 Valdes In The Camml SW be mvt d so the a vacant amm Pmbom shall be filled by spaisl ckcbm if The vacancy omen whm Were to mote tbm 363 days Ialt m the term 3) Chapter 4, Swum 4.01 ltp u Marstapd EIada4"be mvisd m the We mfr mutod* elemass will be bdd in eveo-®bumd yeas on We acme dae as the store psoi elamon 4) ChWu 4. Sm m 4.02 Spedai Ekcbota SIGH be revisd N the the CRY IMO apply to We Carry Abmnar for approval n om(bict We election by oral for d VwW election clocstmea not mmdraed dsrst4 the Novmtba Foaral alauim. CWgX fur decum for ems or ohm Were are mare thm two gssas b be asked 5) Chapter 5. Seoioa 3.02 mGH be mild so thr the mmmency of a pabon is deksmmd by spabsn of regutarad roan equal to at lent we pertazt of the total votes as m the Ian reprint nmmmpl election Thk Penis ore lla CSy Carr Asaa�as��ti•a��aAYadY Yeagniassr`�dY/Yy Mod 9sw C.* aWhad RV" 0.(3.R h1kher P. CaP thadh" ns tsl Rard 1350 CSephea lsr 314 two 9raa SW ar Oil NE 36 N.A MO OawW VA, a MN 55350 Hwd � !a 55350 IYdrra MN 53350 Fbmca 4 MN 55350 Hwk. Set 55350 We the unclumped decmr4 tmdemPted the tend and the norm of the mdtmm hereto oaa� Pmbm the mmml for thm adoption or is Hem thereat. or the sisisdem of gal P,d smeodwemt to the damn for their Approval to be voted a iodepeadestly a sparse sma dses to the city charter at the Bert sale 0 moral dectbs in the Ciq of Hmkhislas. MN. Nunes Ad&= 2. 3. 4. 5. 6. 7. 8. 9. 10. CYRTUFICATION STATE OF aO NE97TA n t Eta AiY arse. 4 0a� M arYatd Y a� sW Y it aatY. e�Y amisdY frPapyr.lis d Y � iPO aene+sa ash � Y tore'. ptrnS sdOaY �mra 1� Y• u MY �r �� dY Ps aYa•a�rY /04stb E\ $iaa� (Siren dCYmYar) 9bmbd � was to Gfav s � ter/ pabtic vla+� Y Ad CaeaY is _ do d� StoO. • AAWNDMIINT #1 to the Hutchinson City Charter The text of Chapter 2 of The Hutchinson City Charter, upon a positive vote of the city's electors, shall be revised to read the following: CHAPTER 2 SECTION 2.01 FORM OF GOVERNMENT The form of gpvernmeut established by this charter is the Mayor - Council plan. The council, consisting of the mayor and one council member elected at -large and one ward catncil member from each ward, shall exercise the legislative power of the city and determine all matters of policy. CHAPTER 2 SECTION 204 ELECTIVE OFFICERS; QUALIFICATIONS; TERMS; WARD REPRESENTATION The elective officers of the city shall be registered voters of the city and shall consist of a mayor and one council member elected at- large, and one ward council member for each ward Except as specified by any adopted transition simile, the mayor is elected for a term of two years and a council member is elected for a term of four yeas The term of office for each elected officer shall begin the first business day of Jamuuy %Bowing their dectim and shall camme until their respective successor is elected and qualified The mayor and council members shall be registered voters of the city and must further qualify for office as provided in this charter and the Minnesota Constitution The mayor and council members must be residents of the city. The ward council members must satisfy the residence requirements as provided in this section. A ward council member must be a resident of the ward the council member will represent (l) at least for the thirty days immediately prior to the date of the election, or (u) at the time of appo intment to • fill a vacancy. Except as provided in this section, continued residence in the ward in which the council member resides at the time of election or appointment is a required qualification to hold office during the council member's term. The city shall be divided into three separately numbered wards, corresponding generally to geographical areas of the city and as equal in population as practicable. A ward must be composed of compact and contiguous territory. Wards shall be reviewed and reapportioned in accordanoe with Minnesota State Stanues If the council does not reapportion within the period described, the mayor and council members forfeit all remuneration until the wards of the city are reapportioned as required by this section. A change in ward boundaries does net disqualify a council member from serving the remainder of a term. Nothing in this section shall be construed to deny the citizens of Hutchinson the right to seek or review reapportionment in state court Subd. 1. It is the intent of this charter that the transition to ward representation of elective officers set by this charter take place (I) in an orderly manner (ii) with no adjustment of terms of office in effect on the effective date of this charter and ( iii) in a m *tom such that a transition to the elective scheme iincnbed in Section 2.01 be fully implemented as soon as practicable. AMENDMENT N2 to the • Hutchinson City Charter The text of Chapter 2 of The Hutchinson City Charter, upon a positive vote of the city's electors shall be revised to toad the following CHAPTER 2 SECTION 2.09 VACANCIES IN THE COUNCH. A vacancy in the council shall be deemed to exist in case of the failure of any person elected thereto to qualify on or before the of the second regular meeting of the new council, or by reason of the death, resignation, removal from office, removal from the city. omuml m absence from the city for more than three months or conviction of a fekity of my such person whether before or auto his goalifirmimi, or by reason of the failure of any council member without good muse to perform any Of the duties of membership in the council for a period of three months. In each such use the council shall by resolution declare such vacancy to exist A vacancy in an office shall be filled by council appointment until an election is held or as otherwise provided in this section. In case of a be vote in the council, the mayor shall mate the appointment The City Administrator shall give at least thirty days published pnor notice of such special decwn, in the officiai newspaper of genial drcvlation eeeept as set forth in this section. If the vacancy occurs with moss than three hundred soap five dais remai®g is the tuam a special dection shall be held at or before the aw regular city decoon and an appointed person shall serve until the qualification of a successor elected at a special election to fill the unexpired portion of the term. Dever, if less than three hundred and sixty five days remain in the term the council by majority shall appoint a successor to save the remainin said term. In the case of a ue vote of the council, the mayor shall make said appo intment If there are insufficient numbers of candidates in a regular or special demon to fill the vacated office or offices the city shall fill the offices by appointment until the next regular election. In the case of a tie vote by the council, the mayor shall make the appointment. • • AMENDMENT #3 to the i Hutchinson City Charter The ten of Chapter 4 of The Hutchinson City Charter, upon a positive vote of the City electors, shall be revised to read the following: CHAPTER 4 SECTION 4.01 REGULAR MUNICH'AL ELECTIONS A regular municipal election shall be held on the first Tuesday after the first Monday in November of each even- munbp'Od year at Such place or pL=m as the city Council may designate. The city administrator shall give two weeks publication notice of the tine and place of hok kag such election, and of the officers to be elected. At least one we& before the election the city administrator shall publish a sample ballot in the official newspaper and post a sample ballot in his oTwe for public inspection. Failure to give such notice or to make such publication or posting shall not uivalidate the election. Subd. 1. It is the intent of this charter that the transition from odd year schedule of elective officers and their terms to a even year elections and terms set by this charter take place (1) in an orderly manner, (ii) with no adjustment in the term of office in effect on the effective date of this charter and (iii) in a manner such that a transition to the elective scheme described in Section 4.01 be fully implemented as soon as practicable. G • • AMENDMENT q4 to the Hutchinson City Charter The teat of Chapter 4 of The Fhuchutson City Charter, upon a pouwm vote of the city electors, shall be revised to read the following: CHAPTER 4 SECTION 4.02 SPECIAL ELECTIONS The council may by resolution order a special election and provide all means for holding it. For special elections pertaining to election questions not conducted during the November general election, the city shall apply to the county auditor for approval to conduct the special election by mail ballot pursuant to M S. §2048.46 No more than two questions may be submitted at the mail election and no maces may be voted on. Nonce of the election and the special mail proms must be given at least six weeks prior to the etecum No earlier than 20 or later than 14 days prior to the elec ion, the auditor or clerk shall mail ballots by m>dbraardable mail to all voters registered in the city. Eligible voters not registered at the time the ballots are mailed may apply for ballots pursuant to MS. §203B. Any other special election, including requests not approved for mail ballot by the county auditor, shall conform as nearly as possible to that prescribed for other city elections. In those cases the city administrator shall give at least two weeks published ounce of a special election AMENDIKENT #5 to the Hutchinson City Charter The text of Chapter 5 of The Hutchinson City Charter, upon a positive vote of the city electoes, shall be revised to road the following CHAPTER S SECTION 5.02 PETITIONS An Initiative, Referendum or Recall, shall be initiated by a petition sigied by registered voters of the city egaal in number to ten percent of the total votes cast in the last state general elation held in the city. Each petition shall be sponsored by a committee of five registered voters whose names and addresses shall appear an the petition. A petition may consist of one or more papas, hit each paps circulated separately shall contain at i head or attached to it the statement regrmed by Sections 5.06, 5.07, 5.08, as the case may be. Each %goer shall sign their name and give their street address Each separate page of the petition Shall have appended to it a certificate verified by oath, that each siv atone is the grm®e srgoattae of the person whose name it purports to be. The person marring the certificate shall be a resideat of the city. Any person whose time appears on the petition may withdraw his name by a statement in writing filed with the city administrator before the city administrator advises the council on the sufficiency of the Petition. `{ (, -ease, rno 'tom wt C" 1aso� ve-IU �Or ��e,Krx eitei -tA k 1 4--Y o Hutchinson Fire Department • 205 3 rd Ave SE Hutchinson MN 55350 234-4211 MEMO June 13, 2000 To: Mayor and City Council From: Brad Emans, Fire Chief Re: Sale of Excess Fire Trucks We held bid opening for our 42337 / 1988 Pierce pumper and 42332 / 1942 • American LaFrance pumper on Monday, June 12, 2000. We received no bids for 42337 and two bids for #2332. The bids for #2332 were: George Nelson of Hutchinson $511.00 Vernon Marshall of Piert, Minnesota $3,500.00 The chief officers of the fire department have reviewed the bids and have recommended letting the truck go for $3,500.00. This will also open the space in the station that we could use right now. I have notified the high bidder for #2332 and have instructed him to pick up the vehicle at his earliest convenience. It will be our intention to readvertise #2337 in September and have bid opening in January or February of 2001. Hopefully a few departments will have an opportunity to budget for this expenditure and more favorable results will be gained. If you have questions please contact me direct at 234 -4211. • MINNESOTA PUBLIC FACILITIES AUTHORITY WASTEWATER INFRASTRUCTURE FUND PROJECT GRANT AGREEMENT TUl • tt rrr tt This Agreement is made May 25, 2000 between the Minnesota Public Facilities Authority (the "Authority") and the City of Hutchinson (the "Grantee "), 111 Hassan Street S.E., Hutchinson, MN 55350 Any amendments to this Agreement shall be in writing and shall be executed by the Grantee by the same officials which signed this Agreement, or their successors. Section 1. Terms. Pursuant to Minnesota Laws, 2000, Chapter 492, Article 1, Section 22, Subdivision 3 (the "Law "), the Authority hereby commits, subject to the conditions hereinafter set forth, to grant the sum of FOUR HUNDRED THOUSAND DOLLARS, ($400,000.) from the Wastewater InI astructtue Fund (the "Grant ") to the Grantee for the purpose of fimding eligible project costs of the wastewater treatment project described as follows: "SO percent reimbursement for the cost of equipment and installation" (the "Project ") as identified in the Grant application. The term of this agreement is from May 25, 2000 to May 25, 2002 . This term may be extended upon written request to the Authority and approval by the Authority. Section 2. Disbursements The Grant will be disbursed to the Grantee pursuant to this agreement, based on • a disbursement request submitted by the Grantee and approved by the Authority. ARTICLE II - THE PROJECT Section 1. Grantee's Responsibilities (a) The Grantee acknowledges its responsibility to complete the project regardless of the availability of additional fiords from the Authority. (b) As provided in Minnesota Statutes 446A.072, subd. 2 the Project must meet the Minnesota Pollution Control Agency's ( "MPCA ") project performance requirements in Minnesota Rules 7077.0288, as amended or supplemented. If the project fails to meet these requirements, the Grant must be repaid. (c) The Grantee shall maintain adequate property insurance coverage for the Project in such amounts with such limits as it determines in good faith to be reasonable or in such amounts and with such limits as may be required by the Authority from time to time. (d) The Grantee agrees that it shall complete the Project for which financial assistance has been awarded under this Agreement in accordance with all applicable MPCA statutes, rules, regulations, reporting requirements, approvals, and certifications governing the design and construction of the Project, and shall operate its wastewater treatment system in compliance with MPCA permit requirements. (e) The Grantee agrees to exert all reasonable efforts to investigate claims which the Grantee may have against third parties with respect to the construction of the Project and, in appropriate circumstances, take • whatever action, including legal action, the Grantee reasonably determines to be appropriate. Section 2. Construction Comuiiance (a) The Grantee will comply with the provisions of State wage • requirements given in Minnesota Statutes, Sections 177.41 to 177.44, as amended or supplemented from time to time; and (b) The Grantee will make a good faith effort to prepare and implement an affirmative action plan for the employment of minority persons, women, and disabled and submit the plan to the Commissioner of Human Rights; and (c) The Grantee will comply with Minnesota Statutes, Section 290.9705, as amended or supplemented from time to time, Withholding of Payment to Out -of -State Contractors, for all contracts that exceed, or are expected to exceed 5100,000 by either. (1) Depositing with the Commissioner of the Minnesota Department of Revenue eight (8 %) percent of every payment made to non - resident (of Minnesota) construction contractors; or (2) Receiving a waiver of the requirement from the Co of the Minnesota Department of Revenue. ARTICLE III - FUNDS, FINANCIAL RECORDS AND REPORTS Section 1. Replacement Fand The Grantee must establish a wastewater system replacement fund setting aside a mirumum of 5.10 per 1,000 gallons of flow per annum for the major rehabilitation, expansion, or replacement of the treatment system at the end of its useful life. Money must remain in the fund until use of the fund is approved by the Authority for the major rehabilitation, expansion, or replacement of the • wastewater treatment system. Section 2. Financial Recordkeeping For ail expenditures of funds made pursuant to this Agreement, the Grantee shall ke" financial accounts and records in accordance with generally accepted government accounting principles including invoices, contracts, receipts, vouchers and other documents sufficient to evidence in proper detail the nature and propriety of the expenditures. Such accounts and records shall be accessible and available for examination to authorized representatives of: the Authority, the Department of Trade and Economic Development, the Legislative Auditor, and the State Audits Office, for a minimum of six years from the end of this Contract. Section 3. General The Grantee shall submit such Project reports as may be required by the Authority on forms prescribed by the Authority. ARTICLE IV - COMPLIANCE Section 1. Minnesota Statute 16A.695 This Grant may be funded in whole or in part with State match funds derived from State General Obligation Bond proceeds. In order to comply with Minnesota Statutes Section 16A.695, as amended or supplemented from time to time, and the order of the Commissioner of Finance (the "Commissioner") of the Department of Finance of the State of Minnesota (the "Order") promulgated in connection with Section 16A.695 on July 14, 1994, if these grant fiords are derived from State General Obligation Bonds, the Grantee agrees that: (i) any lease or management contract entered into by the Grantee with respect to property constituting all or a part of the Project shall be for the express purpose of carrying out of a governmental program established or authorized by law and established by • official action of the Grantee and the Grantee shall obtain the prior written consent of the Commissioner; 2 ......a r mugs (ii) any such lease or management contract, including any renewals that are solely at the option of the lessee • or manager, must be for a term substantially less than the useful life of the property subject to such lease or management contract, but may allow renewal beyond that term upon de by the Grantee that the use continues to carry out the governmental program; (iii) any such lease or management contract will be terminable by the Grantee if the other contracting party defaults under the contract, or if the governmental program is terminated or changed; and will provide for program oversight by the Grantee; (iv) the Grantee will not sell any property constituting all or a part of the Project unless the Grantee determines by official action that such property is no longer usable or needed by the Grantee to cant' out the governmental program for which it was acquired or constructed; and (v) any such sale must be made as authorized by law for fair market value as defined in Section 16AA695 and the Grantee shall obtain the prior written consent of the Commissioner. The Authority may waive the requirements of this paragraph at any time upon detc mmation by the Authority that this Grant has not been and will not be fimded from proceeds of State general obligation bonds. Section 2. General. Upon notification from the MPCA to the Authority that there has been a violation by the Grantee of MPCA statutes, rules, regulations, [sporting requirement, approvals, certifications, or permit regtmements, as amended or supplemented from time to time; or if the Authority determines that the Grantee is in default with any section of the Agreement, the Authority may exercise any remedies available at lane or in equity. • • 3 mvind I IAQMI Loan Number: MPFA400- 0002- R -FY00 Borrower Name: City of Hutchinson The Authority and the Borrower acknowledge their assent to this agreement and agree to be bound by its terms through their signatures entered below. Statutory Cities must execute this Agreement as provided in Minnesota Statute 412.201, as amended or supplemented. Home Rule Charter Cities must execute this Agreement as provided m Minnesota Statute, Chapter 410, as amended or supplemented BORROWER: We have read and we agree to all of the above pro ' ons of 's agreement. Th onorab m Torgerson a a , r Title City Administrator Date STATE OF MINNESOTA by and through the Public Facilities Authontj,4peP t of Trade and Whorruc DevelovAmy . I Department of Trade and Economic Development M Date Encumbered (Individual sighing certified that funds have been encumbered as required by Minnesota Statute 16A) m Date rend 11/18" Public Facilities Authority Application • Rural Development / Wastewater Infrastructure Fund Matching Grant Signature Resolution BE IT RESOLVED that Mayor Marlin Torgerson and City Administrator Gary Plotz or their successors in office, are hereby authorized to execute the Wastewater Infrastructure Grant Agreement (the "Grant Agreement"), and amendments thereto, as are necessary to implement the wastewater project(s) on behalf of the applicant. In the event of disability or resignation or other absence of either such officer, the Grant Agreement may be signed by the manual signature of such absent or disabled officer. In case either such officer whose signature shall appear on the Grant Agreement shall cease to be such officer before delivery of the Grant Agreement shall cease to be such officer before delivery of the Grant Agreement, such signature shall nevertheless be valid and sufficient for all purposes, the same as if or she fad remained in office until delivery. I CERTIFY THAT the above resolution was adopted by the City Council of • Hutchinson on June 27, 2000. SIGNED: Marlin Torgerson Mayor WITNESSED: Gary Plotz City Administrator • r-- k Jo ode rg - - RE: utchinson $out Area Trun Viewer chedule _ age 1 From: " Leezer, Denise" <denise. leezer@pca. state. mn. us> To: < jrodeberg @c.hutchinson.mn.us >,'" dhalter@ sehinc .com "' <dhalter @sehinc.com> • Date: 6126/0011:29AM Subject: RE: Hutchinson South Area Trunk Sewer Schedule Dave, As per our discussion on June 23rd, you may not begin construction until the EAW process has been completed. I do not believe there is a problem with soliciting bids, however, I would caution that, depending on the comments received during the public comment period the project may be subject to change. This may change the scope of work as described in the bid solicitation process. If you choose to proceed it would be at your own risk. Denise From: dhalter @sehinc.00m [SMTP:dhalter @sehinc.comj Sent: Friday, June 23, 2000 2:41 PM To: jrodeberg@ci.hutchinson.mn.us Cc: bmoberg @sehinc.com; jchilling@sehinc.com, denise.leezer @pca.state.mn.us; eric_meester@earthtech. com Subject Hutchinson South Area Trunk Sewer Schedule John, as you know Joel Schilling talked to Denise at MPCA on Wednesday and it appears the EAW abstract will be published in the EQB Monitor on July 10. The 30 day publication period would then be up on August 9. • To facilitate construction this year, we could have the plans and specs approved by the Council on July 24 and order the Adv. for Bids at that time. The bid opening could be set for the week of August 21 with the earliest possible award date of August 28. We could put a hold of 60 days on the bids which would giive us until approximately October 21 to award the construction contract. I talked to Denise Leezer today and she felt it would be possible to award the contracts as early as August 28. That would be predicated on no major issues arising during the comment period. She did believe we should not award the contracts until the finding of facts have been signed. Denise, could you respond by indicating what you believe is a reasonable time to get the findings of fact signed after the comment period has elapsed assuming no significant issues arise? CC: <bmoberg @sehinc.com >, <jchilling @sehinc.com >, <eric_meester@earthtech.com >, "Lockwood, Beth" <beth. lockwood@pca. state. mn. us> r1 Minnesota Pollution Control Agency � v RECEIVED June 1, 2000 Cr17Y OF KU fCH1N$Qry Mr. John Rodeberg, P.E. Public Works Director City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 -2522 RE: Proposed Schedule to Complete the Environmental Assessment Worksheet (EAW) for Airport Basin Sanitary Interceptor and Pump Station (Hutchinson) EAW Dear Mr. Rodeberg, Enclosed please find a proposed schedule to complete the EAW and permitting processes for the Airport Basin Sanitary Interceptor and Pump Station (Hutchinson) EAW. The proposed schedule does not ensure a project completion date and should not be used to • enter into any contracts or to set any construction commencement dates. Changes due to unforeseeable delays may occur. The schedule is also dependent upon the timeliness and quality of the response for any requested information. If you have any questions or concerns regarding the proposed schedule please contact me at (651) 297 -8236. Sincerely, J n n Denise Leezer Project Manager Operations and Planning Section South District DL:kva cc: Cynthia Moeller- Krass, S E H w /enclosure Joellen Rumley, MPCA w /enclosure Judy Mader, MPCA w /enclosure Don Smith, MPCA w /enclosure • 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296 -6300 (Voice); (651) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar; www.pca.state.mn.us Equal Opportunity Employer • Printed on recycled paper containing at teas120% fibers from paper recycled by consumers. Project Team for Airport Basin Sanitary Interceptor • and Pump Station (Hutchinson) EAW MPCA Contacts: -Questions should be directed the Denise Leezer Env momenta/ Review Lead 651/297 -8236 Beth Lockwood 651/296 -7780 Joellen Rumle Water li 651/296-7169 Don Smith 651/296 7625 Judv Mader I Wetland 1 651/296 -7315 Katherine Logan 1 5071280 -5586 Hutchinson Contacts John Rodeberg, P.E Public Works Director 320/587 -5151 Cynthia Moeller- Krass, P.E Consultant/SEH 952/912 -2600 It is the MPCA's intent to resolve issues at the staff level; however, if that is not attaim ble, the next step would be to discuss the issue with the appropriate supervisor (names and telephone numbers provided above). The following MPCA hierarchy above the supervisor level, for this project, is provided for those limited times when an issue is not resolved at the supervisor level: John Holck, Manager, Section Manager, North/South District (651/297- 7568); Roger Bjork, District Manager, North/South Districts (651/296- 7303); Lisa Thorvig, Assistant Commissioner (651- 296 - 7305); and Karen Studders Commissioner (651- 296- 7301). Proposed Project Schedule The following schedule has been drafted using tentative dates for completion of this project. Meeting the • projected dates is dependent upon the timeliness and quality of requested responses from the project proposer, the assumption that the project will not be controversial and the assumption that there will not be a request for an Environmental Impact Statement. The schedule will change when necessary and should not be considered as a guaranteed completion date. 0 Task Name Start 1 Finish Actual Incorporate Responses 6/15/00 6/29/00 Route to Typing 6/30/00 7/7/00 Route to Supervisor for Signature 7/7/00 7/14/00 Make Changes if Necessary 7/17/00 7/17/00 Route to Typing & Back to Sup. For Signature 7/18/00 7/25/00 Prepare Abstract 7/17/00 7/17/00 Fax Abstract to E B 7/31/00 7/31/00 Receive Mailing List 7/17/00 1 7/17/00 Route to PIO for News Release 7/17/00 7/17/00 Route to Webmaster 7/18/00 7/18/00 Mail Final to E B 8/3/00 8/3/00 Pu blic Notice 8/7/00 9/5/00 7 C Review Comments/Prepare Response 9/6/00 9/19/00 Write Findings 9/20/00 9/29/00 Send to Typing 9/29/00 10/6/00 Route to Signature Chain 10/6/00 10/9/00 Mail Findings 10 /10 /00 10 /10 /00 Permit Process General Storm Water Permit 401 Certification State Disposal System Permit I r db April 25, 2000 Minnesota Pollution Control Agency 6 � Mr. John Rodeberg, P.E. Public Works Director G� v� J" City of Hutchinson 111 Hassan Street Southeast Hutchinson, MN 55350.2522 0 ; -L ' -, .,. RECEIVED APP 2 7 9010 CRY OF NUTC UNSM RE: Request for Additional Information to Complete the Airport Basin Sanitary Interceptor and Pump Station Environmental Assessment Worksheet Dear Mr. Brown: • A preliminary review of the draft Environmental Assessment Worksheet (EAW), submitted on March 21, 2000, for the proposed Airport Basin Sanitary Interceptor and Pump Station, determined that there is insufficient information to perform a complete environmental review of the proposed project. The following recommendations should be considered when completing the next draft of the EAW. Item 5. Proiect Location: • Please include dates on each map that reflect the date the map was drifted. Specifically, determine the date of the USGS map attached as "Figure 2." Item 6a. Description: • Include a description of the project area and the potential environmental effects from all aspects of the defined project. • State specific geographic boundaries for each phase of the project. • Also include the estimated timing for each phase of the project. is 520 Lafayette Rd. N.; St. Paul, MN 55155 -4194; (651) 296 -8300 (Voice); (851) 292 -5332 (TTY) St. Paul • Brainerd • Detroit Lakes • Duluth • Mankato • Marshall • Rochester • Willmar, www.peastatemn.us Equal opportunity Employer • Primed on recycled paper containing at least 20% fibers from paper recycled by consumers. • Mr. John Rodeberg, P.E. Page 2 April 25, 2000 Item 6b. Description: • Specify the boundary of the project area, as identified in Figure 2. • Describe each phase of the project; identifying the specific construction timing, boundaries, operation methods and features that will cause physical manipulation of the environment or will produce wastes. • Discuss, in more detail, the potential environmental effects to the lakes, flood zone and wetland that would result from both the construction of the sewer extension and lift station, as well as, any future development. • Discuss the effect this project will have on the Hutchinson Wastewater Treatment Facility • Specify if the 2.57 million gallons per day (MGD) and 7.76 expected peak flow rate are for this project area or are expected for full development. Again, discuss area boundaries and expected flow rate from each section. Item 6c. Description: • Describe the size of any secondary development that will result from this project and discuss • the existing capacity problems. Also, discuss in detail how the project will relieve the existing problems. Item 6d. Description: Describe in more detail future stages, relationship to present project and timelines. Include a map designating each phased area. Is the Otter Tail Pump Station included in the 2.57 MGD flow or is this part of a different phase of the proposed project? Item 11. Fish, wildlife and ecotoeically sensitive resources • Describe, in more detail, the process of "jacked/bored construction method." Item 17. Water Quality: surface water runoff Describe, in detail, the effect the residential development will have on surface water runoff. (This section was also deficient in the sample EAW enclosed) Item 18. Water Ouality: wastewater • • Revise the table using average wet weather flows rather than peak flows. Mr. John Rodeberg, P.E. • Page 3 April 25, 2000 Item 20.a Solid Wastes, Hazardous Wastes, Storaee Tanks • Please note your intention for disposal of any debris generated as a result of construction activities Item 24. Odors, noise and dust. Please note any mitigation that will be proposed to address dust emissions, should they become an issue during construction activities. Also, please discuss any plan to mitigate odors during low flow with insufficient cleaning velocity. Item 31. Summary of issues • List any impacts and issues identified above that may require further investigation before the project is begun. • Discuss any alternatives or mitigative measures that have been, or may be, considered for • potential impacts and issues, including those that have been or may be ordered as permit conditions. • Please address all wetland areas and mitigation proposals for any wetlands in any phase of the project. • This question was left unanswered. Please briefly highlight the major issues. An electronic copy of the completed forms should be submitted on a computer disk. Also enclosed, please find a sample EAW for use as a guide in supplementing the EAW forms. If you have any questions or concerns regarding this letter, please contact me at (651) 297 -8236. Sincerely, T ��z ' V� - (L� � Denise Leezer Project Manager Operations and Planning Section South District DL:lk Enclosures is cc: David Halter, SHE Inc. / I J4 A 5� :1CM READ TRANSMITTAL • 10901 RED CIRCLE DRIVE, SUITE 200, MINNETONKA, MN 553 OF HUTC "400 800.734.6757 612.912.2601 FAX To: Joe Esker ( 2.4 G - 121 j RE: South Area Sewer - EAW MN Pollution Control Agency AHUTCH0001.00 3.0 Fee Number and Lccatlwn 520 Layfayette Road North St Paul, MN 551554100 0 E We are ® Enclosing 1. Two copies - Draft EAW a, Co- )a � . M-0 ❑ Sending Under Separate Cover ❑ As Requested ¢ g ewe• I 1 4Ut 3,21 1_ I II f I , Ta�w — T 1 1 114 qc I.u<�<o - �l��.f A— o- 2, -21. 1 c•l�r•A S- "t - .e' • d � W , l� aJf S t ® Review ❑ Dlsb*UdDn March 20, 2000 ❑ Approval ❑ Revision and resubmittal REMARKS: Please process this draft EAW and advance the process on this project. The City of Hutchinson wants to construct this project as soon as possible. You may call me or Cynthia Moeller -Krass at 612 - 912 -2600 if you have questions. er David Halter c: John Rodeberg, Cynthia Moeller -Krass 6 � W" Short EtlbH Heron Inc Offices localeo throughout the Upper Midwest Equal Opportunity Employer We help you Plan, design, and achieve Environmental Assessment Worksheets 1 0 The RGU is almost always the unit with the greatest responsibility for approving the project: it makes no difference whether the unit is the sponsor of the project, or is in favor of or opposed to the project. Step 3. The RGU reviews the petition and determines the need for an EAW. The RGU has up to 30 working days from the date the petition is received to make a decision. The rules require only that the RGU con- sider all known evidence, compare that evidence to the standard "there may be potential for significant environmental effects," and document the findings and decision in writing. A hearing or testimony is not required. Once a decision is made, the petitioners' representative and the Environmental Quality Board must be notified within five working days. Any aggrieved party may appeal the decision in district court within 30 days of the date the RGU made the decision. Occasionally, the RGU cannot act on a petition because the project is not yet officially proposed for approval or because the project is with- drawn by the proposer. A petition remains valid for up to one year from its filing date vndl the Environmental Quality Board. If the petition expires, the citizens must file a new petition for review. E DISCRETIONARY REVIEW Regardless of whether a petition is filed, any government unit with approval authority can order a discretionary EAW if it determines that the project may have the potential for significant environmental effects, unless the project is exempt (part 4410.4600). A discretionary EAW is particularly appropriate for public projects with some possibility of significant adverse environmental impacts or with the perception of such. By preparing a discretionary EAW, the govern- mental unit can systematically identify adverse impacts and their severity, forestalling potential delays if a petition is filed. A discretionary EAW may be used to jointly review projects, which inde- pendently do not exceed a mandatory threshold but collectively may impact the same geographic area. ENVIRONMENTAL ASSESSMENT WORKSHEET PROCESS 30 CALENDAR DAYS . Can vary depending on RGU. NOTES Time frames are diagramed as prescribed in the rules and should be considered minimum estimates Day can mean either calendar or working day depending on the omeframe listed for a specific event- If the text Irsts 15 or fewer days, they are working days, calerdar days are 15 or more days (4410.0200, subpart 12). Working days exclude Saturdays, Sundays and legal state hdidays. How to count a period of time. The first day of any time perod is not counted but the final day is counted (part 4410.0200, subpart 12). The last day of the eme penoo ends with normal business hours, generally at 4:30 p.m. No time period can end on a Saturday, Sunday or legal state holiday. is The 30-day perrod for EAW comments begins on the biweekly publication date of the EOa Mbnaor which ls always on Monday. Thirty days from a Monday always falls on a Wednesday, so the comment periods end on Wednesday unless it is a legal holiday. Guide to Minnesota Environmental Review Ruks EAW PREPARATION -______________________________________ RGU Proposer RGU promptly renervs Data suommaI RGU RGU completes RGU distributes EAW RGU determines submits EAW's submittal for complete Mini EAW and w d'¢tdbuoon Ilst issues EAW is completed data !portions completeness; returns to proposer approves it for press ldnmbunon necesury to RGU proposer if incomplete ,� release PUBLIC COMMENT PERIOD EIS NEED DECISION +__— ____ —__- ---------------- -- - - -- published in E08 Molitor 304ay RGU dec des I project 30 calendar day RGU distributes Notice published in E08 7 to 2: days after receipt of EAW; comment needs Els. prepares I judicial appeal nonce of Monrtcv 7 to 21 days i Nonce 30 - day comment period begins period findings of fact: and period beings decision after receipt of decision i 1 ends responds to comments . Can vary depending on RGU. NOTES Time frames are diagramed as prescribed in the rules and should be considered minimum estimates Day can mean either calendar or working day depending on the omeframe listed for a specific event- If the text Irsts 15 or fewer days, they are working days, calerdar days are 15 or more days (4410.0200, subpart 12). Working days exclude Saturdays, Sundays and legal state hdidays. How to count a period of time. The first day of any time perod is not counted but the final day is counted (part 4410.0200, subpart 12). The last day of the eme penoo ends with normal business hours, generally at 4:30 p.m. No time period can end on a Saturday, Sunday or legal state holiday. is The 30-day perrod for EAW comments begins on the biweekly publication date of the EOa Mbnaor which ls always on Monday. Thirty days from a Monday always falls on a Wednesday, so the comment periods end on Wednesday unless it is a legal holiday. Guide to Minnesota Environmental Review Ruks C J Hutchinson City Center Ill Hr Sleet SE Hukhl u MN 553567322 370- 587- 5151/Fm 32.0Z34-4240 M E M O R A N D U M TO: Mayor and City Council FROM: John P. Rodeberg, Director of Engineering/Public Works RE: KDUZ Assessments DATE: June 21, 2000 In reviewing the potential assessment for KDUZ/KARP, please keep in mind the following: 1. The added cost to extend sanitary sewer from Michael Court to KDUZ is $31,713.55 (according to low bid of Duininck/Juul) 2. This sanitary sewer goes past several properties that may be served and assessed in the future (Compton, Pellinen commercial buildings) 3. The City lot south of KDUZ/KARP will now have sanitary sewer accessible to it. 4. Assessing by the front foot at today's standard rate of $31 /front foot for the 375' width of the lot would relate to an assessment of $11,625. 5. Since this parcel is on the highway, it only has a one -sided assessment. We are also only bringing the service to the south comer of the lot. The future cost to potentially extend the sanitary sewer across their lot to the north is approximately $20,625 (375' at $55 /foot) 6. The Trunk Sewer Access Charge is based on the area of the lot, and would add an additional $3,816 (3.18 acres at $1,200 /acre). This charge would help pay for a portion of the City's share of the project and past costs, including the cost to upgrade the lift station at North High Drive. Based on this review, I would recommend consideration of assessing the lot $20,625 for sanitary sewer service, plus the $3,816 Trunk Fee. The mediac ­3:ue of the actual cost (# 1) and the average assessment rate ( #4) is over $21,000. This proposal would be close to that median value. Although this is less than the actual cost to reach the lot by about $10,000, future assessments are possible along the sewer line. • As shown, there is no totally accurate way to calculate assessments. We believe that this reasoning is the most feasible wa .Lto determine the value /cost to serve the parcel. m �} �'e°� - �S _5, COMPILED BY: J RODEBERG ASSESSMENT ROLL NO. SW LETTING NO. &PROJECT NO. W17 MICHAEL COURT NW: NORTH OF NORTH IOGU DR TO EDta SY CON ON OF SANITARY SEWER# SEWER SERVICES $ 55.00 SANITARY SEWER COST PER FROM' FOOT COMPUTED BY: J RODEBERG CIIECIRD BY, P. VANDER VERN NUbER OF YEARS: 10 040412000 IST REARING 2ND HEARING 07/1172000 INTEREST RATE: ADOPTED ACCOUNT NO CITY ND NO. MAW A ADDRIM OF PROPERTY OWNER LEGAL DESCRIPTION ADDlTNNY OR NIRDIVWON FRONT FEET SANITARY /EWER CREDITa DEFERRED ASwmMEMT TOTAL ACTD AaPRAPMENT COUNTY PH) NO. 1 Iowa Cky Broadmfing 20132 Hwy 15 N DU P O Box 1248 370'x 375' of Lot 13 Aud. Plat S 1/2 08.051.0170 MN 55345 Sec. 30 k N 112 Sec 31 -117 -29 3.10 AC 375 f 20 625.00 S f - S 2-0 — Hopkins TOTAL - ASSESSMEN ROLL 5040 $ 20 625.00 'V PUBLJCATION NO. NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5040 LETTING NO. 61PROJECT NO. 00-17 0 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 11th day of July, 2000, in the Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt, the proposed assessment for the improvement of Project No. 00-17 Michael Court NW, North of North High Drive (CSAH 12) to KDUZ by construction of sanitary sewer and services and appurtenances; Adoption by the Council of the proposed assessment against abutting property may occur at the hearing. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the enfire assessment is paid by November 15th, 2000. You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until November 15, 2000. The proposed assessment is on file for public inspection at the City Administrators Office. The total amount of the proposed assessment is $ 20.625.00 . Written or oral objections will be considered at the meeting. • No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objector's witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied; however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. 6. At the dose of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point. —E— ' PUBLWATION NO. ASSESSRU Nr ROLL NO. 5040 LETTING NO.61PROJECT NO. 00-17 PAGE 2 An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Adminishabr within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting line requirements of the law and the resolution adopted under it may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed form for such deferral of payment of this special assessment on his property. Gary D. Plotz, City Administrator City of Hutchinson, Minnesota PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, JUNE 27TH, 2000 AND TUESDAY, • JULY 4TH, 2000. RESOLUTION NO. 11501 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5040 LETTING NO. &PROJECT NO. 00 -17 WHEREAS, cost has been determined for the improvement of: Project No. 00-17 Michael Court NW, North of North High Drive (CSAH 12) to KDUZ by construction of sanitary sewer and services and appurtenances; and the bid price for such improvement is $25,575.44 and the expenses incurred or to be incurred in the making of such improvement amount to $6,138.11 so that the total cost of the improvement will be $31,713.55. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $7,27255 and the portion of the cost to be assessed against benefited property owners is declared to be $20,625.00. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2001 and shall bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator • �1E RESOLUTION NO. 11502 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5040 LETTING NO.61PROJECT NO. 00-17 WHEREAS, by a resolution passed by the Council on the27th day of June, 2000, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 00-17 Michael Court NW, North of North High Drive (CSAH 12) to KDUZ by construction of sanitary sewer and services and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 11th day of July, 2000, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed notice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2000. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator f —E 1� COBR BY: J RGDFDERG ABIESSMM ROLL NO. WI L MM NO. 71PROJECT NO. Of If SOUTH GRADE( BD BIN FROM SCHOOL RD BW TO DALE BY SW BY BYCONBTRUCTIONOfSTORMS EWIX SANITARY SEWER ISERVICES, W ATERMAIN A SERVICES, GRADING, GRAVEL SASE, CURB AND GUTTER, BITUNUNOUSBASCIFFUAWN OUS SURFACING Ben TRAI. A APP URT. f 11100 STREET A UTH.MIFRONT FOOT C01,0I11YD BY: J RODEMG S CHICCM BY: P. VANDER VEEN NIMBEROPYEAR& 10 84V42000 1BTHEARING TNDIQAROBG 87/1 lam 1NTERPBT RAM ADOPTED ACCOUNT No. t]TYPIDNO, NAME A ADOREM of faOP11TY 0W11 L143AL D91IMPTION ADDITION OR RMDIVarON FRONT FIST halls CREDIT TOTAL DWSMAID A399WhWT TOTAL ACTTYB mflKrY MD NO 1 01- 116 - 230.13 OWI Independent School District #423 1375 South Grade Rd SW 30 Glen St NW F 11 SW 1/4 SW 1/4 A CQUBnWV 23.001.0150 Hutchinson MN 55350 Section 01-116 -30 654.11 f 77 184.98 f 1941.17 f f 61 243.11 2 01- 116 -30- 13-0020 Vineyard United Maho list Churcl 1395 South Grade Rd SW PO Bo1494 5.56 AC in SW 1/4 SW 1/4 A CQUWTION 23.001.1600 Hutchinson MN 55350 Section 01- 116-30 436.5 f 51507.00 f 7450.00 f f 44057.00 3 01- 116 -30- 14-0090 Ronald K Evelyn Hansen 990 Dale St SW 1325 South Grade Rd SW 1.46 AC in 1/2 SE 1/4 SW 1/4 23.001.1300 Hutchinson MN 55350 Wat of Road Section 01- 116-30 0 f f f f 4 01- 116.30- 14-0100 Ronald K Evelyn Hansen 1325 South Grade Rd SW 1325 South Grade Rd SW 5200' of E246' of W616.T of S 1/2 23,001.1400 Hutchinson MN 55350 SE1 /4SW 1/4Section 01- 116 -30 246 f 29028.00 f - f f 29021.00 5 01- 116 - 3014-0620 independent School District #423 1365 South Grade Rd SW 30 Glen S1 NW W371.04'of SW 1/4 SE 1/4 SW 1/4 ACQUmmm 23.001.0170 Hutchinson MN 55350 Secton 01 -116 -30 371.04 f 43782.72 S 507L13 f f 38710.89 b 12- 116- 30 -OMI I10 Robert k Karen Peterson 1000 Dale St SW 16 Grove St SW 2.42 AC of 1/2 NE IM NW I/4 23.012.2000 Hutchinson MN 55350 Section 12- 116-30 150.92 f 17808.56 S f f 17101.% 7 12- 116 -30 -03-0130 Mary Lou IV ke 1350 South Grade Rd SW 1350 South Grade Rd SW Lot 1 Block t 23.324.0010 Hutchlin on MN 55350 South Grade Road Subd. 161.43 f 19 048.74 f f f 19 048.74 8 12. 116 - 30-03-0140 John K Linda SI ter 1320 South Grade Rd SW 1320 South Grade Rd SW Lot 2 Block 1 21324.0020 Hutchinson MN 55350 South Grade Road Subd. 160.71 f 18 963.78 f f f 11963.71 9 12- 116-30 #0010 Rumll K Doris RickenBtl 1360 South Grade Rd SW 1360 South Grade Rd SW NW 1/4 NW 1/4 EX W1597' of A6qumrwN 581.55 Front Feet 23.012.2300 Hutchinson MN 55350 N817.32' Section 12- 116 -30 28.80 AC 731.55 f 86 322,90 f 3 f 61622.90 f 14 614.00 10 12- 116.30 -040020 Northwat Conf, of Evangalical 1391 South Grade Rd SW Covenant Church 5101 North Franosm Ave lW597.f N817.32' EX E175' of 23.0122400 Chi o IL 60625 1 N298.93' Section 12 -116]0 1.20 AC 1 331 IS 39 884.00 f Is 39 114.00 s • � COARH.ED RYA JRODEXIM AASSSMWNTROI.LNO. ISIt LETTTMO NO. 7/PROJFCT NO. W36 ROUTH GRADE RD SW FROM SCHOOL RD SW TO DALE ST NW BY BY CONSTRUCTION OF STORM S VIM SAMTARY NEWER l SERVICES, W ATMEAM R SERVICES, ORADDIG. GRAVEL RAM CURS AND GUTTER. OrnAM ACING S AlPORT. S 118.00 STREET• UTDdTY/FROf4T FOOT CORVRIFD BY; J RODMIERG 1 CHXCZZD ST. P. VAMDn V@! NT7►On OF YEARID IS 0490000 1ST HFARDIG 2ND REARM 07 11112000 MEREST RATE.' • ACCOIMT NO. CIIY PRIM MAMRAADOMM OF ROMM OW LEGAL DOCRIPT101t ADDDIONORSUWOAWN FROMT FRET STRRET Cann TOTAL DpRRRED AfRRRmO' TOTALACIIVR AMRSIRRMf COIIRfY RD MO. 11 12-116-3044-0030 lohn & Don Rickaronn 1390 South Grde Rd SW 1390 South Grade Rd SW E175' of W597' of N291.93' of NW 1/4 23.0122500 HutcHO MN 35350 NW 1/4 Section 12- 116-30 IM AC 175 S 20650.00 S S S 20650.00 OTAL DEFERRED ASSiTS 16t .f0 T OTAL ACTIVE ASSESSMB.NTS $311,008.78 OTAL. ASSESSMENT ROLL W41 3423.16 $404 u1 .00 UT 631.61 PUBLICATION NO. NOTICE OF HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5041 • LETTING NO. VPROJECT NO. 00 -20 TO WHOM IT MAY CONCERN: Notice is hereby given that the City Council will meet at 6:00 P.M. on the 11th day of July, 2000, in the Council Chambers at City Hall at Hutchinson, Minnesota, to consider and possibly adopt, the proposed assessment for the improvement of Project No. 00-20: South Grade Road SW from School Road SW to Dale Street SW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing, sidewalk and trail and appurtenances; Adoption by the Council of the proposed assessment against abutting property may occur at the hearing. You may at anytime prior to certification of the assessment to the County Auditor, pay the entire assessment on such property, with interest accrued to the date of payment, to the City Administrator. No interest shall be charged if the entire assessment is paid by November 15th, 2000- You may, at anytime thereafter, pay to the City Administrator the entire amount of the assessment remaining unpaid, with interest accrued to December 31 st of the year in which such payment is made. Such payment must be made before November 15th or interest will be charged through December 31 st of the succeeding year. If you decide not to prepay the assessment before the date given above, the rate of interest that will apply is 10 percent (plus or minus) per year. The right to partially prepay the assessment shall be until November 15, 2000. • The proposed assessment is on file for public inspection at the City Administrator's Office. The total amount of the proposed assessment is $ 404.180.68 . Written or oral objections will be considered at the meeting. No appeal may be taken as to the amount of an assessment unless a signed, written objection is filed with the City Administrator prior to the hearing or presented to the presiding officer at the hearing. The Council may, upon such notice, consider any objection to the amount of a proposed individual assessment at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. If an assessment is contested or there is an adjourned hearing, the following procedure will be followed: 1. The City will present its case first by calling witnesses who may testify by narratives or by examination, and by the introduction of exhibits. After each witness has testified, the contesting party will be allowed to ask questions. This procedure will be repeated with each witness until neither side has further questions. 2. After the City has presented all its evidence, the objector may call witnesses or present such testimony as the objector desires. The same procedure for questioning of the City's witnesses will be followed with the objectors witnesses. 3. The objector may be represented by counsel. 4. Minnesota rules of evidence will not be strictly applied, however, they may be considered and argued to the Council as to the weight of items of evidence or testimony presented to the Council. 5. The entire proceedings will be tape recorded. �- F PUBLICATION NO. ASSESSMENT ROLL NO. 5041 LETTING NO. 7WPROJECT NO. 00 -20 PAGE 6. At the close of presentation of evidence, the objector may make a final presentation to the Council based on the evidence and the law. No new evidence may be presented at this point An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Administrator within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Administrator. Under Minnesota Statutes, Section 435.193 to 435.195, the Council may, in its discretion, defer the payment of this special assessment for any homestead property owned by a person 65 years of age or older for whom it would be a hardship to make the payments. When deferment of the special assessment has been granted and is terminated for any reason provided in that law, all amounts accumulated, plus applicable interest, become due. Any assessed property owner meeting the requirements of the law and the resolution adopted under it may within 30 days of the confirmation of the assessment, apply to the City Clerk, for the prescribed torn for such deferral of payment of this special assessment on his property. Gary D. Plotz, City Administrator City of Hutchinson, Minnesota . PUBLISHED IN THE HUTCHINSON LEADER ON TUESDAY, JUNE 27TH, 2000 AND TUESDAY, JULY 4TH, 2000. RESOLUTION NO. 11503 RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5041 LETTING NO. 7 1PROJECT NO. 00 -20 WHEREAS, cost has been determined for the improvement of. Project No. 00-20: South Grade Road SW from School Road SW to Dale Street SW by construction of stone sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing, sidewalk and trail and appurtenances; and the bid price for such improvement is $742,540.32 and the expenses incurred or to be incurred in the making of such improvement amount to $178,209.68 and property acquisition amounts to $30,347.00 so that the total cost of the improvement will be $951,097.00. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The portion of the cost of such improvement to be paid by the City is hereby declared to be $646,916.32 and the portion of the cost to be assessed against benefited property owners is declared to be $404,180.68. 2. Assessments shall be payable in equal annual installments extending over a period of 10 years, the first of the installments to be payable on or before the first Monday in January, 2001 and • shall bear interest at the rate of 10 percent (plus or minus) per annum from the date of the adoption of the assessment resolution. 3. The City Administrator, with the assistance of the Director of Engineering, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. 4. The City Administrator shall, upon the completion of such proposed assessment, notify the Council thereof. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator RESOLUTION NO. 11504 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT ASSESSMENT ROLL NO. 5041 LETTING NO. 71PROJECT NO. 00-20 WHEREAS, by a resolution passed by the Council on the27th day of June, 2000, the Director of Engineering was directed to prepare a proposed assessment of the cost of improving: Project No. 00-20: South Grade Road SW from Schod Road SW to Dale Street SW by construction of storm sewer, sanitary sewer and services, watermain and services, grading, gravel base, curb and gutter, bituminous base, bituminous surfacing, sidewalk and trail and appurtenances; WHEREAS, the Director of Engineering has notified the Council that such proposed assessment has been completed and filed in his office for public inspection; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. A hearing shall be held on the 11th day of July, 2000, in the Council Chambers at Hutchinson City Center at 6:00 P.M. to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. 2. The City Administrator is hereby directed to cause a notice of the hearing on the proposed • assessment to be published once in the official newspaper at least two weeks prior to the hearing, and he shall state in the notice the total cost of the improvement. He shall also cause mailed rice to be given to the owner of each parcel described in the assessment roll not less than two weeks prior to the hearing. 3. The owner of any property so assessed may, at any time prior to certification of the assessment to the County Auditor, pay the whole of the assessmerd on such property, with interest accrued to the date of payment, to the City Administrator, except that no interest shall be charged if the entire assessment is paid by November 15th, 2000. He may at any time thereafter, pay to the City Administrator, the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator I CITY OF HUTCHINSON RESOLUTION NO. 1152 A RESOLUTION AUTHORIZING THE ACQUISITION OF REAL PROPERTY FOR HOSPITAL PURPOSES WHEREAS, the City of Hutchinson is a Minnesota municipal corporation and is authorized by law to acquire, establish, provide. operate, manage, control, sell, lease and convey real or personal property for hospital purposes pursuant to Minn. Stat. §§ 412.221(16), 447.10, 465.01 and Ch. 117; and WHEREAS, the City of Hutchinson has acquired, and does operate, manage and control a hospital, HUTCHINSON AREA HEALTH CARE, located at the intersection of Minnesota Trunk Highway 15 and Century Avenue within the City of Hutchinson; and WHEREAS, the medical services provided by HUTCHINSON AREA HEALTH CARE consist generally of hospital services, medical clinic services, and residential nursing home services (Bums Manor Nursing Home), together with allied nursing and physician services, ambulance services, and vehicular parking for patients and staff; and WHEREAS, Increased demand for hospital services caused by an expanded service area, an aging population, expanded treatment services, consolidation within the health care industry, and many other factors, has resulted in expansion of the physical plant of the HUTCHINSON AREA HEALTH CARE beyond the capacity of its existing real property; and WHEREAS, Bums Manor Nursing Home, while adequate to meet the needs or existing residents, was constructed upon 1960's technology and its physical plant and operations may not permit an economically feasible renovation, to the extent that current technology and demand for services require; and WHEREAS, during the past four to five years, the Board of Directors and Administrative Staff of HUTCHINSON AREA HEALTH CARE, together with advisors and consultants have engaged in continuing investigations and negotiations for the purchase of Plaza 15 Shopping Center located adjacent to the existing hospital at Minnesota Trun Highway 16 and Fremont Avenue within the City of Hutchinson and legally described Lots One (1) and Two (2) In Block One (1) in Cedar Acres Subdivision according to the plat thereof on file and of record in the Office of the Registrar of Titles, McLeod County, Minnesota; and WHEREAS, the Plaza 15 Shopping Cantor consists of commercial buildin� .. devoted to private office and retail establishments together with associated vehlculat_� parking areas on approximately eight acres of land under the ownership of Engelsm Investment Limited Partnership subject to various leasehold Financing Statements in favor, 0 6 -q- 06/23/00 15:07 X612 542 8-10 ---------- - - - - -- 611003/004 of.. Farwell, Ozmun, Kirk & Company, SuperValu Stores, Inc., IDS Insurance Company, IDS Life Insurance Company, Fanners & Merchants State Bank of New Ulm, and the City of Hutchinson (Utilities Easement); and WHEREAS, an Independent appraisal cvrtducted on behalf of HUTCHINSON AREA HEALTH CARE established parameters for the value of Plaza 15 Shopping Center. NOW, THEREFORE, the City Council of the City of Hutchinson makes the following Findings of Fact 1. HUTCHINSON AREA HEALTH CARE and the City of Hutchinson have e present need of approximately eight acres of additional land area and buildings for the possible future construction of a nursing home with associated assisted llving residential facility, expansion of hospital treatment facilities together with associated administrative office spaces, and vehiwrar perking areas; 2- The physical plant of the existing hospital has been expanded beyond the capacity of the existing real property in crowding, inefficiency of operations, inability to most expanded patient demand, Inadequate on -site vehicular parking spaces, and inability to increase the capacity to most wdsting and future demands for the health care of the citizens of Hutchinson and surrounding areas; 3. The Clty of Hutchinson, the Board of Directors, staff and consultants of is HUTCHINSON AREA HEALTH CARE have explored a number of other alternatives such as acquisition of land from Rldgeweter College located at Trunk Highway 15 and Century Avenue in the City of Hutchinson, construction of an elevated parting ramp, short and long tern lease arrangements with Engofsma Investment Limited Partnership and have been unable to produce a viable and reasonable alternative to the proposed acquisition of Plaza 15 Shopping Center; NOW, THEREFORE BE IT RESOLVED, by the City Council of the City of Hutchinson, County of McLeod, State of Minnesota that acquisition of fee simple title to: Lots One (1) and Two (2) In Block One (1) In Cedar Acres Subdivision according to the plat thereof on file and of record in the Office of the Registrar of Titles, McLeod County, Minnesota by negotiated purchase is hereby authored. BE IT FURTHER RESOLVED, the City of Council of the City of Hutchinson has reviewed and hereby approves an offer to purchase the Plaza 15 Shopping Center from Engelema Investment Limited Partnership, the purchase price being within the parameters established by the appraisal, and _hereby authorizes its attomeys,, Richard J. Schieffer and Arnold, Anderson & Dove to transmit the purchase offer to Engelsma Investment Limited Partnership. 2 • 9 -C) 0 Adopted by the City Council of the City of Hutchinson this 2r day of June, 2000. Martin Torgerson, Mayor City of Hutchinson ATTEST: Gary D. Plotz, City Administrator Clty of Hutchinson C� 0 3 PURCHASE AGREEMENT FOR PLAZA 15 SHOPPING CENTER • HUTCHINSON. MINNESOTA THIS PURCHASE AGREEMENT is made and entered into this day of , 2000, by and between Engelsma Investment Limited Partnership, a limited partnership under the laws of the State of Minnesota (Seller) and Hutchinson Area Health Care, a division of the City of Hutchinson, a Minnesota municipal corporation (Buyer). 1. OFFER AND ACCEPTANCE: Buyer offers to purchase and Seller agrees to sell real property legally described as: Lots One (1) and Two (2) in Block One (1) in Cedar Acres Subdivision according to the plat thereof on file and of record in the office of the Registrar of Titles, McLeod County, Minnesota. This property is hereinafter referred to as Real Property. 2. ACCEPTANCE DATE: The acceptance date of this purchase agreement is the date a fully executed original is delivered by the Seller to the Buyer. This offer to purchase, unless accepted sooner, shall be void at 11:50 a.m. on the _ day of 41 , 2000. 3. PERSONAL PROPERTY FIXTURES AND OTHER ELEMENTS: The Real Property described in paragraph 1 shall include the following: 3.1 Personal Property All personal property located in, on or about the Real Property which is owned by the Seller and which is used in the maintenance or operation of the Real Property. 3.2 Leases Seller's interest as lessor in all of the current leases, recorded or unrecorded. 3.3 Contracts. Seller's interest in any contracts, equipment leases, or other agreements related to the maintenance and operation of the Real Property. 3.4 Governmental Permits Seller's interest in any licenses or permits from any governmental agency required for the maintenance or operation of the Real Property. 3.5 Plans and Specifications The original or a copy of all architectural drawings, as -built utilities, drawings, blueprints, plans and specifications, variance documents, special use permit documents, regarding the Real 0 Property which are in the Seller's possession and, if not in possession, a written memorandum of the location of any such documents. • 3.6 Records All of Seller's records (or copies thereof) regarding the real property which, in the reasonable judgment of the Buyer, are related to the ownership, management, operation or maintenance of the Real Property, including, without limitation, real estate tax statements, special assessment notices, insurance policies with declaration statements, correspondence and information regarding tenants, maintenance and repair records, service records, capital improvements to the Real Property, and other documents which, in the reasonable judgment of the Buyer, are necessary to the continued operation, management or leasing of the Real Property. 3.7 Equipment and Construction Warranties Seller's interest in all warranties and guaranties provided to, assigned to or benefitting the Seller, a tenant or the Real Property regarding the operation, design, construction, use, management or maintenance of the Real Property. 3.8 Name and Signage All Seller's interest in the name "Plaza 15" and derivations thereof under which the Real Property has been operated by the Seller together with existing signs and signage. Seller shall deliver to Buyer complete copies of all documents described in paragraphs 3.2, 3.3, 3.4, 3.5, 3.6, 3.7 for Buyer's review and analysis within 15 days following acceptance of this Purchase Agreement. 4. PRICE AND TERMS: The Purchase Price to be paid by the Buyer to the Seller for the Real Property shall be Three Million Four Hundred Sixty Thousand Dollars ($3,460,000.00). 4.1 Earnest Money Earnest Money in the amount of $25,000.00 shall be paid by the Buyer to the Seller on or before 11:50 a.m. three business days after acceptance of this Purchase Agreement by the Seller. The Earnest Money shall be deposited with and held by Colliers Towle Real Estate, Suite 800, Towle Building, 330 Second Avenue South, Minneapolis, MN 55401, hereinafter called Escrow Agent, in an interest - bearing escrow account subject to such escrow agreement as may be provided by the Escrow Agent and approved by the parties, and provided further, that the fees of the Escrow Agent shall be paid by the Buyer. 4.2 Final Payment Buyer shall pay to Seller, the balance of the purchase price, $3,450,000.00 in certified funds or by wire transfer on or before 3:00 p.m. CST or CDT on the date of closing. 5. CONTINGENCIES: Buyer and Seller understand and agree that Buyer intends to use and gradually convert the Real Property to hospital, medical care and related uses K (Hospital Use) but that Buyer intends to operate the Real Property, or portions thereof, as a retail shopping and service center continuing, during the transition period, to operate the • Real Property under the name of Plaza 15, the foregoing being hereinafter referred to as the Transitional Use. The Buyer's obligation to purchase the Real Property shall be subject to and contingent upon each of the following subparagraphs, unless and until waived by the Buyer in writing: 5.1 Title Title shall have been found marketable, or made marketable, in accordance with the requirements and terms of Sections 11 and 12 of this Purchase Agreement. 5.2 Warranties and Representations The Warranties and Representations made by the Seller in this Purchase Agreement must be true on the Closing Date as if made on the Closing Date. Seller shall have delivered to Buyer on the Closing Date, a certificate dated on the Closing Date and executed by an authorized representative of the Seller which certifies that such Warranties and Representations are true as of the Closing Date, hereinafter called the Closing Certificate. 5.3 Performance Seller shall have performed all of the obligations required to be performed by the Seller under this Purchase Agreement, in the form and at the time required by this Purchase Agreement. 5.4 Environmental Report Buyer shall have approved, in the Buyer's sole • discretion an Environmental Report to be prepared with regard to the Real Property by an environmental consultant selected by the Buyer, said Environmental Report to be prepared at Buyer's cost and expense. The Environmental Report shall include, without limitation, soil tests, engineering inspections, hazardous waste inspections, petroleum deposits and other contaminants, surface water drainage, and similar investigations. 5.5 Document Review Buyer shall have determined, subject to performance by the Seller, that Buyer's review and analysis of the documents described in Section 3 reflect the representations of the Seller with reasonable accuracy. 5.6 Government Approvals Buyer shall have concluded that all necessary governmental approvals and permits have been obtained, or are obtainable in Buyer's sole discretion to construct and operate the Transitional Use and Hospital Use. 5.7 Streets and Utilities Buyer shall have concluded that the property is serviced by all necessary utilities for the Buyers Transitional Use and Hospital Use and that adequate access is available for the Buyer's Transitional Use and Hospital Use from constructed public streets including, 0 3 without limitation, median and curb cuts, the parking lot of the Real Property, and service entrances. • 5.8 Use Restrictions There shall exist no condition relating to the Real Property (either on site or off site), including a moratorium which would result in any governmental authority delaying or denying permits for the use and occupancy of the Real Property for the uses intended by the Buyer. 5.9 No Adverse Action There shall exist no lawsuit, zoning change, governmental investigation or other proceeding which challenges or which may adversely affect the right of the Buyer to own, develop or use the Real Property in the future for the Buyer's intended uses. 5.10 Architectural and Engineering Report Buyer shall have approved, in the Buyer's sole discretion, an architectural and engineering report to be prepared with regard to the Real Property by an architectural and engineering consultant selected by the Buyer, said architectural and engineering report to be prepared at Buyer's cost and expense. The architectural and engineering report shall include, without limitation, all heating, ventilation, air conditioning and other mechanical systems; water systems, sanitary sewer systems, surface drainage and ground water systems; electrical supply, gas service, telephone, cable and other utilities; parking facilities, ingress and egress, landscaping and similar investigations. 5.11 Estoppel Certificates Buyer shall have received (on or before the • Closing Date) Estoppel Certificates from all tenants of the Real Property, which certificates shall disclose no facts which are material or contradictory to those facts previously disclosed to Buyer or which are material to Buyer's acquisition of the property, and shall confirm the rents payable by each tenant. Seller shall use its best efforts to obtain Estoppel Certificates from each of such tenants, provided that Seller shall not be required to expend significant funds or make significant concessions in order to obtain such Estoppel Certificates. If a tenant shall fail to deliver an Estoppel Certificate, Seller shall deliver at closing an Estoppel Certificate signed by Seller representing the same facts as that tenant would have represented in the missing Estoppel Certificate but the provision of such certificate shall not necessarily satisfy this condition. 5.12 On -going Contracts Buyer shall have determined that no contract or agreement with any employee, manager, agent, independent contractor, or other person, for the furnishing of any goods or services to the Real Property, including, without limitation, management contracts, lease brokerage contracts, contracts for supplies or services, and the like, exist and extend beyond the date of closing, it being agreed that the Seller, at its sole expense, will pay and discharge all such obligations, terminate such 4 contracts and agreements as of the date of dosing, and indemnify the Buyer against any claims by such persons under such contracts. 5.13 Financing Contingency Buyer shall have received approval of a grant of one million dollars from the State of Minnesota under Chapter 492 (H.F. 4078; S.F. 3811) Subd. 13, 2000 Omnibus Bonding Bill, subject to Minn. Stat. § 16A.695, the application for which the Buyer shall pursue with all reasonable speed and diligence. The Contingency Date shall be 60 days after Buyer has received from Seller, all documents and materials reasonably required by the Buyer to investigate the contingencies described herein, including, without limitation, all documents described in Paragraph 3 of this Purchase Agreement, and including access to the Real Property for inspection purposes. If any of the foregoing contingencies has not been satisfied on or before the Contingency Date, then this Purchase Agreement may be terminated solely by the Buyer, at the Buyer's exclusive option, provided that written notice thereof shall be given by the Buyer to the Seller on or before the Contingency Date. If the Buyer does not provide the Seller with written notice of the failure of any contingency as of the Contingency Date, said contingency shall be deemed waived and the parties shall proceed . with the closing as if the contingency had been satisfied. In the event of termination of this Purchase Agreement, the Buyer and Seller shall execute a recordable written termination of this Purchase Agreement and the Earnest Money with any accrued interest shall be released to the Buyer by the Escrow Agent. The contingencies set forth in this Purchase • Agreement shall be construed to be for the sole and exclusive benefit of the Buyer and the Buyer shall retain the right to unilaterally waive any contingency by written notice thereof, to the Seller. 6. ACCESS FOR BUYER'S INVESTIGATION: Seller shall allow Buyer or Buyer's Agents access to the Real Property at reasonable times as agreed between the Buyer and the Seller for the purpose of Buyer's investigation and testing. Buyer shall pay all-costs and expenses of such investigation and testing and shall indemnify and hold the Seller. and. the Real Property harmless from all costs and liabilities relating to the Buyer's investigation and testing. Buyer shall, at the request of Seller, promptly repair and restore any damage.. to the Real Property caused by Buyer's investigation and testing such that the Real Property is placed in the same condition as existed prior to Buyer's entry. 7. CLOSING: The Closing contemplated by this Purchase Agreement shall occur at the office of McLeod County Title, 101 Main Street South, Suite 201, Hutchinson, MN 55350, at a time acceptable to the Buyer, the Seller and the Closing Agent, no less than 45 days after the Contingency Date. Seller agrees to deliver possession of the Real Property to the Escrow Agent and Buyer on the Closing Date subject to the rights of tenants in accordance with their leases. 8. SELLER'S CLOSING DOCUMENTS: On the Closing Date, Seller shall deliver to the Buyer executed documents including but not limited to the following: 5 8.1 Deed A Warranty Deed in recordable form reasonably satisfactory to the Buyer conveying the Real Property to the Buyer, free and clear of all • encumbrances. 8.2 Bill of Sale. A Warranty Bill of Sale in a form reasonably satisfactory to the Buyer conveying any personal property contemplated by this agreement to the Buyer, free and clear of all encumbrances. 8.3 Assignment of Warranties Contracts and Permits Executed Assignments of any contracts, permits and warranties in a form reasonably satisfactory to the Buyer free and clear of any encumbrances, together with the consent of all parties having any interest in such warranties, contracts or permits. 8.4 Rent Roll A Rent Roll, certified by the proper officer of the Seller, accurately setting forth the tenants and the amounts and dates of rental payments. 8.5 Estoppel Certificates Estoppel Certificates executed either by tenants or the Seller as required. 8.6 Notices to Tenants Notices to the tenants under the leases, in a form reasonably satisfactory to the Buyer, advising the tenants of the sale of the • property and advising them to make future lease payments to the Buyer at the place designated by the Buyer. 8.7 Closing Certificate The Closing Certificate described in Section 5.2. 8.8 Opinion of Seller's Counsel An Opinion by Seller's counsel, dated on the Closing Date, in a form reasonably satisfactory to the Buyer, that: a. That Seller is a limited partnership in good standing under the laws of the State of Minnesota and qualified to transact business therein; b. That the named general partner is duly authorized to execute and deliver all documents required at the Closing; c. That all closing documents are valid and binding obligations of the Seller and enforceable in accordance with their terms; 8.9 Seller's Affidavit An Affidavit of Seller indicating that on the Closing Date the property is free of liens (as set forth in the Minnesota Uniform Conveyancing Blank) and that there are no other unrecorded interests in the Real Property except as may be reflected in one or more disclosed leases. 6 8.10 Original Documents Original, executed Leases, Contracts, Permits, Warranties, Plans and Records. • 8.11 Title Documents The Owner's Duplicate Certificate of Title regarding the Real Property. 8.12 Other Documents All other documents reasonably determined by Buyer to be necessary to transfer the Real Property to the Buyer free and clear of all encumbrances. 9. BUYER'S CLOSING DOCUMENTS: On the Closing Date the Buyer shall deliver executed documents as follows: 9.1 Purchase Price The remainder of the Purchase Price in certified funds or by wire transfer at the option of the Seller or placed in the trust account of McLeod County Title at the option of the Seller, on or before the Closing Date. 9.2 Assumption Agreement An Assumption Agreement pursuant to which the Buyer shall assume all obligations of the Seller under the Leases, Contracts and Permits as disclosed by the Seller at the time of the closing and which may accrue after the Closing Date in accordance with such disclosed documents. • 9.3 Opinion of Buyer's Counsel An Opinion of Buyer's Counsel as of the Closing Date in a form reasonably satisfactory to the Seller that the following conditions have been met: a. Buyer has been duty formed under the laws of the State of Minnesota and remains•ur -good standing and qualified to transact business in the state; b. Buyer's designated signatory has been properly authorized and directed to enter into the Purchase Agreement and all closing documents requiring Buyer's signature; c. All corporate action has been duly taken on the part of Buyer to authorize the execution and delivery of all closing documents; d. All closing documents and the Purchase Agreement are valid and binding obligations of the Buyer and enforceable in accordance with their terms; 9.4 Title Documents Affidavit of Purchaser of Registered Lands, Certificate of Real Estate Value and other documents as may be reasonably required • by McLeod County Title to record the Seller's closing documents. 7 10. PRORATING COSTS AND INCOME: 10.1 Title Insurance Buyer shall pay the premium of a policy of title insurance and the Seller shall pay all costs of providing evidence of title as described in Section 11 of this Agreement and any costs resulting from Seller's obligation to remove any title objections identified by Buyer as described in Section 12 of this Agreement. 10.2 Closing Fee The Buyer and the Seller shall each pay one -half of any reasonable and customary closing fee or charge imposed by the Closing Agent designated by McLeod County Title. 10.3 State Deed Tax Seller shall pay all State Deed Tax required for the recording of the Warranty Deed to be delivered by Seller to Buyer pursuant to this Purchase Agreement. 10.4 Sales Tax Seller shall pay any sales tax due as a result of any transaction required by this Purchase Agreement. 10.5 Real Estate Taxes and Special Assessments At the Closing, the Purchase Price shall be adjusted as follows: a. Current and Prior Years' Real Estate Taxes All Real Property • taxes which have become a lien on the Real Property and which became due and payable prior to the year in which the Closing occurs, shall be paid by the Seller at or prior to Closing. All Real Property taxes which are due and payable in the year in which the Closing occurs shall be prorated to the Closing Date, with the Seller paying such taxes from January 1 to the date immediately prior to the Closing Date and the Buyer paying such taxes commencing on the Closing Date through December 31 of the year in which the Closing occurs. b. Special Assessments Current installment payments for Special Assessments which are due and payable in the year of Closing shall be prorated in accordance with subparagraph 10.4.a. of this Agreement. All Special Assessments levied or pending as of the date of Closing and not payable in the year in which the Closing occurs shall be paid by the Seller. 10.6 Basic Rent All Basic Rent and other charges due under the tenant leases shall be prorated between Buyer and Seller as of the Closing Date. If, at the Closing Date, a tenant under any of the Leases is delinquent in any payments required, to the extent the Buyer receives from such tenants, amounts in excess of the payments due to Buyer pursuant to this Purchase • Agreement, Buyer shall remit such excess amounts to the Seller. However, 8 the Buyer has no obligation to pursue, seek or collect any such delinquent payments. 10.7 Tenant Operating Expenses All Operating Expenses shall be prorated between the Buyer and the Seller to the date of Closing. In the event tenants under lease are required to reimburse the landlord a portion of Operating Expenses, and any such payments are delinquent at the time of Closing, to the extent the Buyer receives from such delinquent tenants, amounts in excess of the payments due to the Buyer pursuant to this Purchase Agreement, Buyer will remit such amounts to the Seller. Buyer shall have no obligation to pursue, seek or collect any such delinquent payments. 10.8 Recording Costs The Seller shall pay all costs of recording all documents necessary to place record title in the condition warranted by the Seller pursuant to this Purchase Agreement. The Buyer shall pay the cost of recording all other documents. 10.9 Other Costs All other Operating Expenses and costs of the Real Property will be allocated between the Buyer and the Seller as of the Closing Date, such that the Seller shall pay all such costs incurred through and including the date prior to Closing. • 10.10 Attorney's Fees Neither the Buyer nor the Seller shall seek an award of attorneys fees for legal expenses occasioned by this transaction, except that a party to this Purchase Agreement who defaults on any term of the Purchase Agreement or any Closing Document shall be required to pay reasonable attorney's fees and court costs incurred by the non - defaulting party as may reasonably be required to enforce the rights of the non - defaulting party regarding any such default. 11. TITLE EXAMINATION: Title examination will be conducted as follows: 11.1 Seller's Title Evidence Seller shall, within 15 days after the date of acceptance of this Purchase Agreement, furnish to Buyer, at Seller's cost and expense, the following (collectively, "Title Evidence'): 11.1.1 Title Insurance Commitment A commitment (Title Commitment) for an ALTA Form B 1970 Owners Policy of Title Insurance insuring title to the Real Property, deleting standard exceptions and including affirmative insurance regarding zoning, contiguity, appurtenant easements and such other matters as may be identified by Buyer, in the amount of the Purchase Price, issued by Stewart Title through McLeod County Title Services, LLC, 101 Main Street South, Suite 201, Hutchinson, MN 55350, telephone (320) 587- • R11 6239 (Title). The Title Commitment will commit Title to insure title to the Real Property subject only to the Permitted Encumbrances. • 11.1.2 Survey. A survey prepared by a Registered Land Surveyor properly licensed to practice in the State of Minnesota and reasonably acceptable to Buyer (the Survey). The Survey shall show the Real Property and the location of all buildings, improvements and easements located on the Real Property and shall be prepared in accordance with the requirements of the Standard ALTA As -Built Survey and as otherwise required by Title in order to allow Title to issue an owner's policy of title insurance with regard to the Real Property without any exception for survey matters. 11.1.3 UCC Searches A report of UCC Searches made of the Uniform Commercial Code records of the Secretary of State of Minnesota, made by either said Secretary of State or by a search firm acceptable to Buyer, showing no UCC filings regarding any of the Real Property. 11.1.4 Encumbrances A copy of every document referenced as an exception to the title of the Real Property (including without limitation the Permitted Encumbrances) as described in the Title Commitment. 12. BUYER'S OBJECTIONS: Within 30 days after receiving the last of the Title 40 Evidence, Buyer shall make written objections (Objections) to the form and/or contents of the Title Evidence. Buyer's failure to make Objections within such time period will constitute a waiver of Objections. Any matter shown on the Title Evidence and not objected to by Buyer shall be a "Permitted Encumbrance" pursuant to this Purchase Agreement. Seller will have 60 days after receipt of the Objections to cure the Objections, during which period the Closing will be postponed as necessary. Seller shall use its best efforts to correct any Objections. To the extent an Objection can be satisfied by the payment of money, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing to satisfy such Objection and the amount so applied shall reduce the amount of cash payable to Seller at the Closing. If the Objections are not cured within such 30 day period, Buyer will have the option to do any of the following: 12.' Termination Terminate this Purchase Agreement and receive a refund of the Earnest Money and the interest accrued and unpaid on the Earnest Money, if any. 12.2 Escrow for Cure Withhold from the Purchase Price an amount which, in the reasonable judgment of Title, is sufficient to assure cure of the Objections. Any amount so withheld will be placed in escrow with Title, pending such cure. If Seller does not cure such Objections within 90 days after such escrow is established, Buyer may then cure such Objections and • charge the costs of such cure (including reasonable attomeys' fees) against 10 the escrowed amount. If such escrow is established, the parties agree to execute and deliver such documents as may be reasonably required by Title, and Seller agrees to pay the charges of Title to create and administer the escrow. 12.3 Waiver Waive the Objections and proceed to close. 12.4 Title Policy Seller will furnish the Policy to Buyer at Closing or a suitably marked up Title Commitment initialed by Title undertaking to issue the Policy in the form required by the Title Commitment as approved by the Buyer. 13. OPERATION OF THE REAL PROPERTY PRIOR TO CLOSING: During the period from the date of Seller's acceptance of this Purchase Agreement to the Closing Date (Executory Period), Seller shall maintain and operate the Real Property in the ordinary course of business in accordance with prudent, reasonable business standards, including the maintenance of adequate liability insurance, casualty insurance and normal physical maintenance. Seller agrees to execute no Contracts, Leases or other agreements binding the Real Property during the Executory Period which are not terminable on or before the Closing Date, without the written consent of the Buyer, which consent the Buyer, in its sole discretion, may withhold. 14. REPRESENTA AND WARRANTIES BY SELLER: Seller represents • and warrants to Buyer: 14.1 Authority to Sell Seller is a limited partnership in good standing under the laws of the State of Minnesota and the named general partner is duly authorized to execute and deliver this Purchase Agreement and all documents required by this Purchase Agreement or otherwise required to place marketable title to the Real Property in the Buyer, in a recordable_fgrm. 14.2 Title to Real Pro . Seller owns the Real Property free and clear of all encumbrances, including any personal property made a part of this agreement. 14.3 Leases Seller has made available to the Buyer a correct and .- complete copy of each Lease and its amendments. The Leases are in full- force and effect and neither the Seller, nor any tenant is, to the best . knowledge of the Seller after due inquiry, in default under any Lease. There are no other Leases or possessory rights of others regarding the Real Property. 14.4 Contracts Seller has made available to the Buyer a complete copy of each Contract and its amendments which may affect the Real Property. To the best knowledge of the Seller after due inquiry, the Contracts are in full • force and effect and neither Seller nor any party to any of the Contracts is 11 in default under the Contracts. All other Contracts in effect regarding the Real Property are terminable on or before the Closing Date. • 14.5 Permits Seller has made available to Buyer a complete copy of any Permit and its amendments which are necessary to the operation of the Real Property. To the best knowledge of Seller after due inquiry, the Permits are in full force and effect and the Seller is not in default under any Permit. To the best knowledge of the Seller after due inquiry, no other Permits are required from any governmental entity in order to operate the Real Property as it is presently being operated. 14.6 Utilities Seller has received no notice of actual or threatened interruption of any utility service now supplied to the Real Property. 14.7 Special Assessments The Seller has received no notice of pending or future public improvements or special assessments affecting the Real Property. 14.8 Environmental Laws To the best knowledge of the Seller after due inquiry, no toxic or hazardous substances or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde, the. group of organic compounds known as polychlorinated biphenyls, petroleum products including gasoline, fuel oil, crude oil and various constituents of • such products, and any hazardous substance as defined in the Comprehensive Environmental Response Compensation and Liability Act of 1980 ( "CERCLK), 42 U.S.C. §9601 -9657, as amended) have been generated, treated, stored, released or disposed of, or otherwise placed, deposited in or located on the Real Property nor has any activity been undertaken on the Real Property that would cause or contribute to (a) the Real Property to become a treatment, storage or disposal facility within the meaning of, or otherwise bring the Real Property within the ambit of, the Resource Conservation and Recovery Act of 1976 ("RCRK), 42 U.S.C. §6901 et seg ., or an similar state law or local ordinance, (b) a release or threatened release of toxic or hazardous wastes or substances, pollutants or contaminants, from the Real Property within the meaning of, or otherwise bring the Real Property within the ambit of, CERCLA, or any similar state law or local ordinance, or (c) the discharge of pollutants or effluents into any water source or system, the dredging or filling of any waters or the discharge into the air of any emissions, that would require a permit under the Federal Water Pollution Control Act, 33 U.S.C. §1251 et seg ., or the Clean Air Act, 42 U.S.C. §7401 et seq ., or any similar state law or local ordinance. To the best knowledge of Seller after due inquiry, no above ground or underground tanks are located in or about the Real Property or have been located under, in or about the Real Property and have subsequently been removed or filled. To the best knowledge of Seller after due inquiry, there are no wells on the Real Property. 12 14.9 Rights of Others to Purchase the Real Property Sell has not entered into any other contracts for the sale of the Real Property nor are there any • options or rights of first refusal or any other rights of others which may prevent the Buyer from purchasing the property under this Purchase Agreement. 14.10 Seller's Not in Default To the best knowledge of Seller, Seller is not in default concerning any of its obligations or liabilities regarding the Real Property. 14.11 Financial Information Financial Information for the Real Property provided by the Seller to the Buyers agent was correct at the time submitted. 14.12 Use of Real Property To the best knowledge of Seller, the Real Property as presently operated conforms with City zoning regulations. 14.13 No Legal Proceedings To the best knowledge of the Seller, there are no pending investigations or legal actions by any governmental regulatory agency against the Real Property. 14.14 Condition of Property To the best knowledge of the Seller, the buildings, structures and improvements located on the Real Property are in reasonably good repair and all mechanical, electrical, heating, air • conditioning, drainage, sewer, water and plumbing systems are in proper working order. Seller will indemnify Buyer, its successors and assigns, against, and will hold Buyer, its successors and assigns, harmless from any expenses or damages including reasonable attorneys' fees, that Buyer incurs because of the breach of any of the above representations and warranties, whether such breach is discovered before or after Closing_ Each of the representations and warranties herein contained shall survive the Closing. for a period of 180 days. Consummation of this Agreement by Buyer with knowledge of any breach of such representations and warranties by Seller will not constitute a waiver or release by Buyer of any claims due to such breach. 15. REPRESENTATIONS AND WARRANTIES BY BUYER: Buyer represents and warrants to Seller that Buyer is Hutchinson Area Health Care, a division of the City of Hutchinson, a Minnesota municipal corporation and that Buyer is duly qualified and legally authorized to enter into the Purchase Agreement described herein and to execute the Closing Documents required by this Purchase Agreement. Buyer further represents and warrants to Seller that this Purchase Agreement and the Closing Documents to be executed by Buyer are valid and binding obligations of Buyer and are enforceable in accordance with their terms. Buyer will indemnify Seller, its successors and assigns, against, and will hold Seller, its successors and assigns, harmless from, any expenses or damages, including reasonable attorneys' fees, that Seller incurs because of the breach • of any of the above representations and warranties, whether such breach is discovered 13 before or after Closing. Each of the representations and warranties herein contained shall survive the Closing. Consummation of this Purchase Agreement by Seller with knowledge • of any breach of such warranties and representations by Buyer will not constitute a waiver or release by Seller of any claims due to such breach. 16. NAME OF SHOPPING CENTER: Seller agrees that it will relinquish and transfer to Buyer on the Closing Date the right to continue the use of the business name displayed on the Real Property, currently used in advertising with respect to the Real Property, and otherwise associated with the Real Property. 17. DAMAGE AND CASUALTY: If, prior to the Closing Date, all or any part of the Real Property is substantially damaged by fire, casualty, the elements or any other cause, Seller shall immediately give notice to Buyer of such fact and at Buyer's option (to be exercised within 15 days after Seller's notice), this Purchase Agreement shall terminate, in which event neither party will have any further obligations under this Purchase Agreement and the Earnest Money, together with any accrued interest, shall be refunded to Buyer. If Buyer fails to elect to terminate despite such damages, or if the Real Property is damaged but not substantially, Seller shall promptly commence to repair such damage or destruction and return the Real Property to its condition prior to such damage. If such damage shall be completely repaired prior to the Closing Date then there shall be no reduction in the Purchase Price and Seller shall retain the proceeds of all insurance related to such damage. If such damage shall not be completely repaired prior to the Closing Date but Seller is diligently proceeding to repair, then Seller shall complete the • repair after the Closing Date and shall be entitled to receive the proceeds of all insurance related to such damage after repair is completed, provided, however, Buyer shall have the right to delay the Closing Date until repair is completed. If Seller shall fail to diligently proceed to repair such damage then Buyer shall have the right to require a closing to occur and the Purchase Price shall be reduced by the cost of such repair, or at Buyer's option, the Seller shall assign to Buyer all right to receive the proceeds of all insurance related to such damage and the Purchase Price shall remain the same. For purposes of this Section, the words 'substantially damaged' mean damage that would cost $10,000 or more to repair. 18. BROKER'S COMMISSION: Seller and Buyer represent and warrant to each other that they have dealt with no brokers, appraisers, consultants, attorneys or others in connection with this transaction who have not or will not be paid for their services by the party authorizing the services to be performed and agree to indemnify each other and to hold harmless against all claims, damages, costs or expenses of or for any other such fees or commissions resulting from their actions or agreements regarding the execution or performance of this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any such fees or commissions incurred by the other party, including reasonable attorneys' fees. 19. MUTUAL INDEMNIFICATION: Seller agrees to indemnify Buyer and hold Buyer harmless from all liabilities (including reasonable attorneys' fees in defending • against claims) arising out of the ownership, operation or maintenance of the Real 14 property prior to the Closing. Buyer agrees to indemnify Seller and hold Seller harmless from all liabilities (including reasonable attomeys' fees in defending against claims) arising • out of the ownership, operation or maintenance of the Real Property after to the Closing. If a party seeking indemnification actually receives insurance proceeds or other cash payments directly resulting from the liability claim in question, such payments (after deducting the cost of collection, including reasonable attomeys' fees) shall be deducted from the indemnification amount. Claims of indemnification shall be reduced or extinguished to the extent that the claim for indemnification arises out of the act or neglect of the party seeking indemnification. 20. ASSIGNMENT: Neither party may assign its rights under this Purchase Agreement or which survive this Purchase Agreement without the prior written consent of the other party, before or after the Closing. Any such assignment will not relieve such assigning party of its obligations under this Agreement. 21. SURVIVAL: All of the terms of this Agreement will survive and be enforceable after the Closing. 22. NOTICES: Any Notice required or permitted to be given by either party upon the other is valid if it is delivered personally, or delivered by United States mail, or delivered by courier properly addressed and prepaid as follows: If to Seller: Attn: If to Buyer. Phillip Graves, President Hutchinson Area Health Care 1095 Highway 15 South Hutchinson, MN 55350 Notices shall be deemed effective upon the date of receipt, or two business days after deposit in the U.S. mail or with a courier, whichever is earlier. Any party may change its address for the service of notice by giving written notice of such change to the other party, in any manner above specified, 10 days prior to the effective date of such change. 23. CAPTIONS: The paragraph headings or captions appearing in this Purchase Agreement are for convenience only, are not a part of this Agreement and are not to be considered in interpreting this Agreement. 24. ENTIRE AGREEMENT: MODIFICATION: This written Purchase Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties regarding the Real Property. There are no verbal agreements that change this Purchase Agreement and no waiver of any of its terms will • be effective unless in a writing executed by the parties. is 25. BINDING EFFECT: This Purchase Agreement binds and benefits the parties and their successors and assigns. • 26. CONTROLLING LAW: This Purchase Agreement has been made under the laws of the State of Minnesota, and such laws will control its interpretation. 27. REMEDIES: If Buyer defaults under this Purchase Agreement, Seller shall have the right to terminate this Purchase Agreement by giving written notice to Buyer. If Buyer fails to cure such default within 30 days of the date of such notice, this Purchase Agreement will terminate, and upon such termination Seller may obtain and retain the Earnest Money as liquidated damages, time being of the essence of this Purchase Agreement. The termination of this Purchase Agreement and retention of the Earnest Money will be the sole remedy available to Seller for such default by Buyer, and Buyer will not be liable for damages or specific performance. If Seller defaults under this Purchase Agreement, the Buyer shall have the option of seeking specific performance of this Purchase Agreement or recovery of damages from Seller to the extent of Buyer's out -of - pocket costs and fees, including, without limitation, attorneys' fees, accountants' fees, appraisers' fees and other consultants' fees incurred by Buyer in preparing and negotiating this Purchase Agreement, preparing for the Closing, investigating title and other similar and reasonable costs and expenses. The Buyer and the Seller have approved and executed this Purchase Agreement this day of , 2000. • SELLER: BUYER: Engelsma Investment Hutchinson Area Health Care Limited Partnership 16 RESOLUTION NO. 11509 RESOLUTION DECLARING ADEQUACY OF PETITION . AND ORDERING PREPARATION OF REPORT CITY OF HUTCHINSON LETTING NO. III PROJECT NO. 00-25 BE IT RESOLVED BY THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: A certain petition requesting improvement of Market Street SW by construction of trunk storm sewer extension and appurtenances, was filed with the council on June 27th, 2000, is hereby declared to be signed by the required percentage of owners of property affected thereby. This declaration is made in conformity to Minnesota Statutes, Section 429.035. 2. The petition is hereby referred to the Director of Engineering and that person is instructed to report to the council with all convenient speed advising the council in a preliminary way as to whether the proposed improvement is necessary, cost - effective, and feasible and as to whether it should best be made as proposed or in connection with some other improvement, and the estimated cost of the improvement as recommended. Adopted by the council this 27th day of June, 2000. \J City Administrator i VA RESOLUTION NO. 11610 RESOLUTION RECEIVING REPORT AND WAPANG HEARING ON IMPROVEMENT • CITY OF HUTCHINSON LETTING NO. 111PROJECT NO. 00 -25 WHEREAS, pursuant to a resolution of the Council adopted June 27th, 2000, a report has been prepared by the Director of Engineering, with reference to the improvement of Market Street SW by construction of trunk storm sewer extension and appurtenances; and said report was received by the Council on June 27th, 2000, and WHEREAS, this improvement was petitioned for by 100% of the property owners and said property owners have waived hearing on said improvement, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. The Council will consider the improvements of such streets in accordance with the reports 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 $111,600.00. 2. The public hearing on said improvement is hereby waived. • Adopted by the Hutchinson City Council this 27th day of June, 2000. Mayor City Administrator g'- RESOLUTION NO. 11511 . RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS CITY OF HUTCHINSON LETTING NO. 111PROJECT NO. 00-25 WHEREAS, a certain petition requesting the improvement of Market Street SW by constriction of trunk storm sewer extension and appurtenances, was duly presented to the council on the 27th day of June, 2000; and WHEREAS, pursuant to resolution of the council adopted June 27th, 2000, a report has been prepared by the Director of Engineering with reference to the improvement, and this report was received by the council on June 27th, 2000. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: The council finds and determines that said petition was signed by all owners of real property abutting upon the street(s) names as the location of the improvement. 2. Such improvement is hereby ordered as proposed in the council resolution adopted June 27th, 2000. • 2. John P. Rodeberg is hereby designated as the Engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. Adopted by the Council this 27th day of June, 2000. Mayor City Administrator • r -�) Hut&dnwn City Certter, 111 Hassan St SE, ENGINEERING REPORT TO FROM: DATE Mayor and City Council John P. Rodeberg, Director of Engineering/Public Works June 27th, 2000 SU BJECT: Letting No. 11Project No. 00 -25 I have studied the following areas and find that the proposed projects are feasible and recommend they be constructed. Project No. 00 -25: Market Street SW by construction of trunk storm sewer extension and appurtenances. ESTIMATED COST 1 00 -25 Construction Cost $90,000.00 Engineering $13,500.00 Administration $5,400.00 FiscaULegaUlnterest $2,700.00 ESTIMATED TOTAL $111,600.00 Assessable Cost $30,000.00 Deferred Assessable Cost $0.00 City Bonded $81,600.00 City - Water /Sewer Funds $0.00 City — TIF $0.00 MSA $0.00 Mn/DOT $C.00 ESTIMATED TOTAL $11 1,600.00 cc: Cal Rice - Engineenng Department file: L11/00 -25 RESOLUTION NO. 11512 • RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS CITY OF HUTCHINSON LETTING NO. 11 /PROJECT NO. 00 -25 WHEREAS, the Director of Engineering has prepared plans and specifications for the improvement of Market Street SW by construction of trunk storm sewer extension and appurtenances. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HUTCHINSON, MINNESOTA: 1. Such plans and specifications, a copy of which is attached hereto and made a part hereof, are hereby approved. 2. The Director of Engineering shall prepare and cause to be inserted in the official newspaper, an advertisement for bids upon the making of such improvements under such approved plans and specifications. The advertisement shall be published for ten days, shall specify the work to be done, shall state that bids will be received by the City Administrator until 2:00 pm on Monday, July 10th, 2000, at which time they will be publicly opened in the Council Chambers of the Hutchinson City Center by the City Administrator and/or Director of Engineering, will then be • tabulated, and will be considered by the Council at 6:00 pm on Tuesday, July 11th, 2000 in the Council Chambers of the Hutchinson City Center, Hutchinson, Minnesota. Any bidder whose responsibility is questioned during consideration of the bid will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the Director of Engineering and accompanied by cash deposit, cashier's check, bid bond or certified check payable to the City of Hutchinson for 5 percent of the amount of such bid. Adopted by the Hutchinson City Council this 27th day of June, 2000. Mayor City Administrator • 8 —k' PETITION FOR LOCAL IMPROVEMENT (100% OF PROPERTY OWNERSI CITY OF HUTCHINSON LETTING NO. 111CITY PROJECT NO. 00-25 Hutchinson, Minnesota Dated: June 27, 2000 TO THE CITY COUNCIL OF HUTCHINSON, MINNESOTA: We, all owners of real property known and described as: Market Street SW by construction of trunk storm sewer extension and appurtenances, pursuant to Minnesota Statutes, Chapter 429, and that the City assess the entire cost of the improvement against our property described below, and we hereby agreed to pay the entire cost as apportioned by the City. This petition shall be binding upon and extend to the heirs, representatives, assigns and successors of the parties. OWNERS SIGNATURE: MCLEOD COUNTY AGRICULTURE ASSN: 1) - By: Title DESCRIPTION OF PROPERTY Lot 3, Bilk 1. Fair Ground Addition 2) Lot 3. Blk 1, Fair Ground Addition By: Title Examined, checked and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for. Gary D. Plotz, City Administrator yr-(4, AGREBENT OF ASSESSIENT, WAIVER OF HEARING AND WAIVER OF IRREGULARITY AND APPEAL • CITY OF HUTCHINSON LETTING NO. 111CITY PROJECT NO. 00-25 This Agreement, is made this 27th day of June, 2000, between the City of Hutchinson, State of Minnesota, hereinafter referred to as the City and McLeod County Agriculture Association of McLeod County, State of Minnesota, hereinafter referred to as Owner. In consideration of the action of the City Council, at the owners' request, to cause the constriction of trunk storm sewer extension and appurtenances on Market Street SW, and to assess 100% of the cost to the Owner. Owner agrees to pay said percentage, as may be determined by the Council of the City to be a fair apportionment of the costs of said improvement not to exceed 530,000.00, plus interest, over a period ten (10) years. Owner expressly waives hearing and objection to any irregularity with regard to the said improvement assessments and any claim that the amount thereof levied against owners property is excessive, together with all rights to appeal in the courts. This agreement steal be binding upon and extend to the heirs represarrtatives assigns and successors of the parties. In testimony, whereof, said Owner has hereunto set his hand, the day and year first above written. • OWNERS SIGNATURE: DESCRIPTION OF PROPERTY Ll McLEoo CouNTY AGRICULTURE ASSN: 1) By: Title 2) By: Idle Lot 3, Blk 1, Fair Ground Addition Lot 3. Blk 1. Fair Ground Addition Y-4, CITY COUNCIL AGENDA ITEMS UNDER 9 -A 1. REQUEST FROM HUTCHINSON AREA HEALTH CARE TO APPROVE AMBULANCE PURCHASE Action — Motion to reject low bid and approve bid from North Central Ambulance 2. REQUEST TO CLOSE AIRPORT FOR AIR SHOW ON SEPTEMBER 23, 2000 Action — Motion to reject — Motion to approve 3. APPROVAL OF PEDDLERS LICENSES: ➢ BRANDISCHAFER ➢ MARVIN R WILLHITE Action — Motion to reject — Motion to approve • 4. PARADE PERMIT FOR MINNESOTA GOLD WING MOTORCYCLE CLUB ON JULY 8, 2000 Action — Motion to reject — Motion to approve 5. REQUEST FROM KDUZ /KARP RADIO TO LOWER SPEED LIMIT ON HWY. 15 NORTH Action — 0 AdIaL Hutchinson Area Health Care Mrgla Satcbfwsow Conrewwlty Hosp" Burns Manor Nursing Home • Dassei Medical Center • tinted Family Practice Clinic I qW 1095 Highway 15 South Hutchinson, MN 55350 (320) 234 -5000 • June 21, 2000 RECOM JUN 2 3 2000 City of HttW* wn The Honorable Mayor Marlin Torgerson and Members of the City Council Hutchinson City Center I 1 I Hassan Street SE Hutchinson, MN 55350 Dear Mayor Torgerson and City Council Members: The Board of Directors of Hutchinson Area Health Care (HAHC), as part of their regular meeting on June 20, 2000, considered a capital expenditure request from staff that requires City Council approval. The following is an excerpt from the minutes of that meeting: " Ambulance Purchase The tabulation of the two bids received for the ambulance purchase was reviewed. After careful analysis it was determined that North Central Ambulance Sales was the only company who met the bid specifications. The specific vehicle that was offered, by North Central, was a Braun Ambulance. Wheeled Coach submitted an "alternate" bid, in the amount of l $67,746 in which they offered their stock ambulance with very few options. North Central • Ambulance Sales have met all the specifications, and are located in Lester Prairie, MN, which makes service very accessible and timely. • Following discussion, motion was made by Fortun, seconded by Snapp, to recommend to the City Council that the low bid from Wheeled Coach be rejected for not meeting bid specifications and the bid from North Central Ambulance, in the amount of S 113,188 be accepted All were in favor. Motion carried." Thank you, in advance, for consideration of this request. Duane Hoversten will be able to address questions you may have regarding this item at your meeting on Tuesday. Sincerely, t H DO N AnnH,EA,, LTH CARE Philip G. Graves President /cs 9 -A, HUTCHINSON MUNICIPAL AIRPORT MAINTENANCE OPERATIONS 1400 ADAMS STREET SE HUTCHINSON, MN 55350 Phone (320) 234 4287; Fax (320) 2346971 Hutchinson Aviation (320) 587 -7615 June 26, 2000 To: Honorable Mayor & City Council From: Airport Commission, Jim Faber, Acting Chair Subject: Request to close airport for air show Dooley Airshows, 750 Harmony Ln SW, Hutchinson, on behalf of the Viking Council, Boy Scouts of America have requested permission to close the Hutchinson Municipal Airport from 2:00 p.m. to 5:00 p.m. on Saturday September 23, 2000 in order to conduct an airshow. A motion was passed unanimously at last night's Airport Advisory Commission meeting requesting that the City Council grant permission for the air show. All notification requirements to Mn/DOT, FAA and other appropriate agencies will be the responsibility of • Dooley Airshows and/or Viking Council, Boy Scouts of America or their employees, agents, or contractors. We request the City Administrator signs a letter allowing the closure and that you adopt the following motion at the June 27, 2000 meeting. MOTION Permission is granted to Dooley Airshows on behalf of the Viking Council, Boy Scouts of America, to close Hutchinson Municipal Airport between 2:00 p.m. and 5:00 p.m. on Saturday September 23, 2000. Dooley Airshows and/or the Viking Council, Boy Scouts of America is responsible for fulfilling all requirements necessary for conducing these activities on a public airport. • A l7RWN CRrCr MWAMSNWX APPLICATION NNOMM M so*= FOR PEDDLERS, SOLICITORS, AND TRANSIENT MERCHANTS 0 2" z 2" Picture required NAME and DRIVER'S LICENSE INFORMATION i PERMANENT ADDRESS: PERMANENT TELEPHONE: 66 TEMPORARY LOCAL ADDRESS: / TEMPORARY TELEPHONE ACCESS: ORIVER'S LICENSE NUMBER (STATE} HEIGHT WEIGH EYE COLOR =, FEES & LENGTH OF PERMIT REQUESTED How many days? Months? Or year? ,X1 LICENSE FEES ARE AS FOLLOWS: Application Fee of $25 applied towards the following permit Solicitors, per day ......... ............................... Solicitors, per year ........ ............................... Transient Merchants, per day ............................... Transient Merchants, per year .............................. Peddlers. per :ay .......................................... per year ......................................... fee(s) S 25.00 $200.00 S 25.00 $200.00 S 25.00 $200.00 BACKGROUND STATEMENT HAVE YOU BEEN CONVICTED OF ANY CRIME, MISDEMEANOR, OR VIOLATION OF ANY MUNICIPAL ORDINANCE, OTHER THAN TRAFFIC VIOLATIONS? YES NO >e, _ IF YES, STATE NATURE OF OFFENSE AND PUNISHMENT OR PENALTY ASSESSED THEREFORE: L ct y or tilzn.nson y A, DESCRIBE NATURE OF B BU USINE / SS AND DESCRIBE ITEM OFFERED: DESCRIBE METHOD OF DELIVERY: 1- 97� - k DESCRIBE YOUR SOURCE OF SUPPLY - NAME 3 ADDRESS OF SUPPLIER: PROVIDE TWO (2) MC COUNTY / PROPERTY OWNERS FOR CHARACTER REFERENCES: NAME S ADDRESS: C c 2A 1 f PHONE NUMBER: NAME S ADDRESS: IL rF417167r u '7 r.- I 1v i e n,' h1 b' PHONE NUMBER i3 . 0 _S c 7 - f , . `f STATE LAST CITY YOU CARRIED ON SAME ACTIVITY: CITY /STATE NAME: / -2 -V I- DATE OF ACTIVITY: FROM: TO- -2- I hereby certify I have completely filled out the entire above applica- tion and that the application is true. correct. and accurate.' I fully understand that any person who violates any provision of the Peddlers, Solicitors, and Transient Merchant Ordinance No. 673 is guilty of • a misdemeanor and upon conviction thereof snall be punished by a fine not ex- ceeding SS00 or by imprisonment for a period not exceeding 90 days or both, plus, in either case, the costs of prosecution. Sigi5ture of p cant Da • No application will be forwarded to the City Council unless received one week prior to the regular Council meeting completely filled out with required picture. OFFICE USE POLICE CHIEF RECOMiENDATION: L • �7E grac- I n fr w11� 1 0- ' ,v tX J flpl 1 -� CL Yo Q 11 rs-nus+a 7385 +ee,a +es MW ST�ESBT -Y HUTCHINSON. MN MW DA 1 PAY T CITY OF H&CHO SM -.- _ 010 0PJX OF n $ Doturss m VR CITIZENS 13ANK Gold & TRUST CO. Club o .aa s- w.a•o�r. ar - _ A -3- • RELEASE OF INTOMEATIO: As an applicant for a PaddlarsiSolicitors /Transiant Merchants Lioanse from the City of Hutchinson, `iinnesota, I am required to f_r ish infor-3tion which that a_enc-: =ay use in date mining =y coral, physical, nnta: and `financial acai_fics- tions. In this connection, I heretic expressly authorize release of any and all iz for —ation which you may have concarming an, including i:fzr_ation of a cn_'i:ancia or privileged nature. I hereby release the agency with which I an seeking application for license, and any organization, company or person furnishing infor=stiom to that agency as expressly authorized above, from any liability for da=asa which may result from ` urnishing the infor -3tion requested. Applicant's Full Printed 'lame: Ci�tiy` (First Applicant's Address: trret) t IVA( S'S3t U (State S 27 Applicant's Birth Date: Applicant's Place of Birth: 1 �1-30 (?ear) Applicant's Social Security No.: Applicant's Driver's License No.: Dace: �O /p?U /00 ':�2 Appiics =t's Signacsre APPLICATION FOR PARADE PERMIT • 1. Name Organization of 2. Address of Organization (7 Phone 3. Authorized Officer's Name 4. Officer's Address 12� 5.,' Parade Chairman 6. Parade Chairman's Address 7. Date of Parade Assembly Time '! 8. Location and Description of Assembly Area i 9. Starting Time of Parade r '00 Est Time of Termination 10. r Starting Point of Parade 11. Route of Parade Travel ,5,f 0 12. Termination Point of Parade 13. Approximate Number of Units, Animals and Vehicles Type and Description no ofAnimals and y Vehicles_ 6 FOR OFFICE USE ONLY Date Received: _ Approved: will constitute Parade with V 14. Maximum Interval of Space to be Maintained Between Units 15. Maximum Length of Parade 16. Minimum and Maximum Speed of Parade 9 17. Portion of Street Width Traversed / . - - - - — ------------------------------- Approved this ;-F7 day of 7= ZDOW upon compliance with the following terms and conditions 7 --1 ,2c,00 tinier or roiace 9- A r � - - i w'—­11. - -- - ' '806.9 FM KARP MW www.kduz.com June 20, 2000 Hutchinson City Council City of Hutchinson 111 Hassan Street SE Hutchinson, MN 55350 Dear Council Members: Now that the city limit has been extended on highway 15 North we feel that the 55 mile per hour speed limit is too fast. For safety reasons, we ask that you request a lower speed limit from the state for highway 15 north Your efforts are appreciated. � / �, 1 Graf Consultant KDUZ/KARP Radio • TOM INGSTAD BROADCAST GROUP 20132 Highway 15 North _ Hutchinson, MN 55350 - 5643 " Ph. (320) 587- 2140" Fax (320) 587 -5158 e-mail kduz0butchteLnet q (a) OPEN -HOLD COUNCIL REPORT 27 -JUN -2000 (16:36) page 1 ----- ------------ 1j& TIDS -- - -- -- -- -_ JOHNSON, LEONARD G. _ --- __----- __- _-- - - JULY PAYMENT - -__ $812.76 __- � *> $812.76* 1999 IMPR. CONST OTTO ASSOCIATES CONSTRUCT OBSERV- ROLLING MEAD $280.50 SRF CONSULTING GROUP CENTURY, DALE, S GRADE ROAD $1,534.35 <*> $1,814.85* 2000 IMPR. CONST JUUL CONTRACTING CO LET 10/00 -24 EST #1 FINAL $3,642.50 PELLINEN, WILLARD SKETCH & DESCRIPTIONS $416.00 R & R EXCAVATING L4 /00 EST #1 $69,781.82 SRF CONSULTING GROUP SCHOOL ROAD -NEW CONST $19,447.94 $93,288.26* AIRPORT RENOVAT. MATHIOWETZ CONSTRUCTION AIRPORT CONST EST #9 $60,281.41 < *> $60,281.41* CAP.IMPRO.FUND ST. CLOUD RESTAURANT SUPPLY REMAINING BALANCE -FOLD TABLES $2,340.75 <*> $2,340.75* CENTRAL GARAGE AIRLAKE 2000 FORD F350 SUPER -CAB $24,034.00 BARKEIM, ELDEN REIMB -FUEL $20.00 BRANDON TIRE CO TIRE REPAIR $213.58 CALIFORNIA CONTRACTORS SUPPLIE WRENCH SET, O END SET $99.90 CARQUEST AUTO PARTS PARTS $66.24 HOLT MOTORS INC PARTS $61.55 HUTCHINSON WHOLESALE PARTS $263.75 INTERSTATE BATTERIES OPERATING SUPPLIES $130.89 JACK'S UNIFORMS & EQUIPMENT LIGHT BAR $993.80 JERABEK MACHINE SERV PIPE $73.34 JERRYS TRANSMISSION PARTS, LABOR- REPAIR TANKER $1,093.83 L & P SUPPLY CO CHAIN $78.12 MACQUEEN EQUIP INC FLOAT BALL, SEAL, CLAMP $58.78 MTI DIST.CO SHOP PARTS $108.65 • NO STATES SUPPLY INC SHOP PARTS OIL CHANGE $8.73 $100.75 PENSKE AUTO CENTER RESPOND SYSTEMS SAFETY SUPPLIES $113.26 RIVER VALLEY TRUCK CENTERS FENDER, BRACKET KIT $337.62 SAFETY TECHNOLOGY GROUP SHOP PARTS $105.58 SAUK CENTRE WELDING MACHINE WO OIL CAP $23.02 SCHMELING OIL CO OIL $2,636.68 SNAP ON TOOLS CORP BOLT CUTT ER $92.66 SORENSEN FARM SUPPLY ROLLER CHAIN, LINKS $85.63 STREICHERS GRILL GUARD, WRAP AROUNDS $382.64 *� $31,183.00* ENERGY LOAN FD ANDERSON DECORATING CENTER & PLBG WORK- DOWNTOWN LOAN GENERAL FUND ADDINGTON, LOUISE REFUND - SWISHER CAMP CANCELLED AHLQUIST, KRISTI REFUND- STUDENT DIVING CANCLD AMERICAN BOTTLING CO, THE POP PURCHASE ASSOCIATES, THE PROJECTION EQUIPMENT BAUERLY BROS INC. 3/4" WASHED ROCK BECK, CINDY REFUND- CANCELLED SWIM LESSONS BERG, MARY REFUND - SWISHER CAMP CANCELLED C J BERKLEY RISK SERVICES BERNICKS PEPSI COLA BONTE, BEV CARSWELL, CARL CASE CREDIT CENTRAL GARAGE CITY OF HUTCHINSON COAST TO COAST COMM TRANSPORTATION CONSTRUCTION BULLETIN CONTINENTAL RESEARCH CORP CREDIGHTON BRADLEY & GUZZETTA CZECH, RANDY DANK REFRIGERATION QTRLY PREMIUM CREDIT REFUND -TIGER SWIM CANCELLED REFUND -TREE APPLICATION LEASE PAYMENT MAY REPAIRS PAYMENT - POLICE RADIO EQUIP PAINT PERMIT RENEWAL SOUTH GRADE PROJECT JUMBO STRIPS PROFESS SERV - FRANCHISE PROCESS EMPLOYEE SNACK SALES REIMS REPAIR AIR CONDITIONING $6,550.00 $6,550.00* $50.00 $32.50 $51.00 $2,684.52 $117.07 $24.00 $50.00 $3,009.85 $130.03 $48.00 $15.00 $25,186.15 $28,140.99 $46,547.70 $136.72 $60.00 $449.50 $457.42 $225.00 $306.40 $127.90 h- OPEN -HOLD COUNCIL REPORT 27 -JUN -2000 (16:36) page 2 - - - -___ G FUND DAIRY QUEEN ___ ------- - - ---- DQ CAKES, DILLY BARS &AL DEPT NATURAL RESOURCES DNR FEES TO STATE DEPT OF EMPLOYEE RELATIONS REG -JOHN OLSON /BIKE CONFERENCE DEPT OF LABOR & INDUSTRY CERTIFICATE DESENS, TIM REFUND- CANCELLED PARK PLACE EBERT, PAT REIMS- MILEAGE ELECTION SYSTEMS & SOFTWARE ELECTION EQUIPMENT MAINT FIRE ENGINEERING SUBSCRIPTION FLESSLAND, CAROL REFUND -SWIM LESSONS FRASER, KARI REFUND - SWISHER CAMP CANCELLED GAME TIME ROTO -MOLD GARBERG, MARCIA REFUND -TIGER SWIM CANCELLED GE CAPITAL MS- COURSE /TOM KLOSS GERMSCHEID, BECKY REFUND- SWISHER CAMP CANCELLED GREEN LIGHTS RECYCLING FLUORESCENT BULB RECYCLING GRUFRUFF DESIGN T- SHIRTS GRUHLKE, CINDY REFUND - SWISHER CAMP CANCELLED GRUNZKE, RITA REFUND- CANCELLED SWIM LESSONS HAGEN, TAMI REFUND - SWISHER CAMP CANCELLED BALI -BRITE INC RELAY RADIO CONTROLLER HANKE, JULIE REFUND- COMPETITIVE DIVING HEDIN, GINA REFUND - GUSTAVUS SWIM HENRYS FOODS INC CONCESSION CANDY, POPCORN HILLYARD FLOOR CARE / HUTCHINSON KIAVAC POWER HEAD HIRSHFIELD'S DECORATING CENTER TECH -GARD HOVERSTEN, LEAH REFUND- SWISHER CAMP CANCELLED HRA WORK COMP AUDIT REFUND HUTCH COOP CENEX DIESEL FUEL HUTCH ELECTRIC ELECTRICAL MATERIALS, LABOR HUTCHINSON TEL CO JUNE SERVICE HUTCHINSON UTILITIES 2000 DIVIDEND WORK COMP HUTCHINSON WHOLESALE BEARINGS HUTCHINSON, CITY OF FISH & GAME IND.SCHOOL DIST. #423 MAY COMMUNITY EDUCATION JEFF'S ELECTRIC LABOR, MATERIALS- AIRPORT JOES SPORT SHOP RIBBONS KEGLEY, GINNY REFUND- CANCELLED DIVE CAMP KIRCHOFF, LISA REFUND- SWISHER CAMP CANCELLED KLEESPIE • LABOR, TRIP, SUPPLIES KLOSS, TOM REIMB -MEALS KREFT, HOLLY REIMB -PLAN COMM FOOD KRISHNAMOORTHI, CHITRA REIMB- MILEAGE, MEALS L & P SUPPLY CO CLEANER, BATERY LATHROP PAINT SUPPLY SAFETY PAINT LEAGUE OF MN CITIES DEDUCTIBLE BILLING LEE, DAVE REFUND LEAGUE DEPOSIT LIQUOR HUTCH WORK COMP 2000 DIVIDEND MACHTEMES, KATHY REFUND - GUSTAVUS SWIM CANCELLED MAIN STREET SPORTS BAR FOOD & POP -EE RECOGNITION MAKI, CONNIE REIMB -MEALS MANKATO MOBILE RADIO LABOR, TRAVEL- REPAIR BASE MARSHALL CONCRETE BLOCKS, PALLETS MCKESVER, LAURAL REFUND - GUSTAVUS SWIM CANCELLED MCLEOD COUNTY CHAPTER 12 WATER SAFETY KITS MID -MN HOT MIX INC TN FINES MIDWEST WIRELESS COMM. JUNE SERVICE MINNESOTA PETROLEUM SERVICE PARTS, LABOR- REPAIR PETRO VEND MITCHELL, WILLIAM UMPIRE GAMES MN D.A.R.E. INC DARE CAKE MN ELEVATOR INC. MAY ELEVATOR SERVICE NO STATES SUPPLY INC PARTS OFFICEMAX OFFICE SUPPLIES --------------- ------ $54.15 $530.00 $65.00 $10.00 $25.00 $39.32 $120.00 $28.50 $45.00 $50.00 $157.36 $80.50 $1,697.61 $50.00 $17.00 $33.00 $50.00 $44.00 $50.00 $31.18 $130.00 $50.00 $653.79 $1,172.80 $65.52 $26.00 $336.74 $27.92 $498.18 $1,087.14 $21,897.28 $10.01 $233.00 $21,015.00 $415.20 $25.29 $32.50 $50.00 $199.46 $39.02 $17.71 $77.75 $486.61 $106.74 $20,969.44 $100.00 $661.47 $50.00 $138.93 $51.66 $156.30 $1,360.80 $50.00 $480.00 $281.33 $342.40 $564.89 $255.00 $18.00 $73.65 $26.67 $140.93 OJHA, ASHOK REFUND -SWIM LESSONS $22.00 OLSONS LOCKSMITH LOCK REPAIR, LABOR, SERVICE- $238.65 OTTO, JUDY REIMB -MEALS $25.92 PARTIES PLUS OPERATING SUPPLIES $46.55 PAULSON, ANN REFUND - CANCELLED T -BALL $23.00 PETERSON BUS SERVICE MAY BUS TOURS $984.10 PETTET, RICK REFUND- OVERPYMT LEAGUE FEES $190.00 PITNEY BOWES INC POSTAGE METER RENTAL $368.68 POPP ELECTRICAL INC PLIERS $45.40 POTTER, NEWTON REFUND -NO TREES AVAILABLE $15.00 POWERS, VICKY • REFUND - COMPETITIVE DIVING $130.00 PRCE COPY MACHINE USE $8,647.76 PRINTS CHARMING T- SHIRTS $2,593.80 QUADE ELECTRIC REPAIR & MAINTENANCE SUPPLIES $47.44 OPEN -HOLD COUNCIL REPORT C � FUND_____ `, 1 u QUASS, JESSICA LYNN REINHARD, WENDY RESPOND SYSTEMS REYNOLDS FENCE ROEPKE, JODY RUTHLEDGE, LENNY RYDNING, LISA SCAN AIR FILTER SCHROEDER, KYLE SCHUETZ, MELISSA SCHWANS SALES ENTERPRISES INC SEATING & ATHLETIC FACILITY EN SHARE CORP SHOPKO SHRED -IT SIGNATURE CONCEPTS INC. SIMONSON LUMBER CO SORENSEN FARM SUPPLY STANDARD PRINTING STATE OF MN BUILDING CODES STEWARD ENTERPRISES SUPERIOR COFFEE & FOODS THE SALTMAN TORGERSON, MARLIN TURF SUPPLY COMPANY UHL CO. UNITED BLDG CENTERS USI INC VANDERPOL, JASON VIKING COCA COLA VIKING OFFICE PRODUCTS WAL -MART WASTE NEWS WEBB, KAREN WICHTERMAN, KAKI WILLSON, LEAH WINZER CORP WISCHNACK, JULIE WOLTER, KARLA WRIGHT COUNTY SHERIFF'S OFFICE XEROX CORP ZELLMANN. TERRY 27 -JUN -2000 (16:36) page 3 REIMB- MILEAGE REFUND - CANCELLED SWIM LESSONS SAFETY SUPPLIES WIRE TIES REFUND - CANCELLED SWIM LESSONS REIMB- MEALS, MILEAGE REFUND -TIGER SWIM CANCELLED REPAIR & MAINTENANCE SUPPLIES REIMB- MILEAGE REFUND - CANCELLED DISCOVERY SCHWANS BARS- CONCESSIONS BLEACHER PARTS CLEANING SUPPLIES CANDY SHREDDING SERVICE T SHIRTS FLAIR PASS PARTS FOR JD MOWER NOTARY STAMP PLAN REVIEW- HILLYARD FLOOR 35# PAIL GREASE COFFEE SOFT SALT REIMB - MEALS, MILEAGE, PARKING ATHLETIC PRO 50 # SERVICE WORK WILSONART STR NEBULA CLEAR POUCH REFUND- CANCELLED SWIM LESSONS POP - CONCESSIONS RETURN ADDRESS STAMP CLEANING SUPPLIES SUBSCRIPTION RENEWAL REFUND - CANCELLED SKATE LESSONS REIMB - SAFETY BOOTS REFUND - SWISHER CAMP CANCELLED OPERATING SUPPLIES REIMB - MILEAGE, LODGING, MEALS REFUND -SWIM LESSONS CANCELLED REIMB- UNSERVED SUBPEONA COPIER LEASE REFUND -FAST PITCH SOFTBALL _______ $26.70 ______ $22.00 $52.00 $39.02 $378.98 $53.40 JUNE SERVICE $44.00 $4,287.10 $51.26 ROCK, CHRISTIE $48.00 $83.20 141.02 $25,564.87 $12.35 LUNCHES $49.00 $1,225.65 $31.96 $267.36 450.00 $376.16* 263.48 HUTCH TRANS FAC. $50.28 MAY REPAIRS $54.95 384.74 CENTRAL MCGOWAN $21.08 $392.01 $37.97 HUTCHINSON TEL CO $517.91 $52.00 $191.61 $378.98 $114.14 JUNE SERVICE $160.50 $4,287.10 $41.02 ROCK, CHRISTIE $67.14 $83.20 $106.94 $25,564.87 $904.66 LUNCHES $277.11 $1,225.65 $80.98 $267.36 $24.00 $376.16* $179.50 HUTCH TRANS FAC. $22.89 MAY REPAIRS $40.91 $49.00 CENTRAL MCGOWAN $13.00 $392.01 $59.99 $50.00 SERVICE SHIPPING -EMPTY TANK $78.42 $123.45 HUTCH COOP CENEX $24.00 $13,166.50 $36.00 $908.75 MATER, LABOR- REPAIR TRENCH DEN $125.00 $204,760.93* WITTE SANITATION HUTCH COMM DEV.0 HUTCHINSON TEL CO ADDITIONAL MAINT HOURS $52.00 JUNE POP $378.98 MIDWEST WIRELESS COMM. JUNE SERVICE $118.44 $4,287.10 JUNE WINE ROCK, CHRISTIE MILEAGE LEAGUE CONFERENCE $83.20 JUNE LIQUOR $25,564.87 SUBWAY LUNCHES $122.52 $1,225.65 < *> $267.36 JUNE LIQUOR $376.16* 1999 AUDIT PREM HUTCH TRANS FAC. CENTRAL GARAGE MAY REPAIRS $300.17 CENTRAL MCGOWAN OPERATING SUPPLIES $392.01 CON -WAY TRANSPORTATION SERVICE SHIPPING -EMPTY TANK $201.61 HUTCH COOP CENEX SUPER NO LEAD FUEL $13,166.50 NELSON CONSTRUCTION CO. MATER, LABOR- REPAIR TRENCH DEN $164.35 WITTE SANITATION MAY SERVICE $79.92 <«� $14,304.56* LIQUOR STORE ALL SAINT'S BRANDS DISTRIB FREIGHT BELLBOY CORP BERKLEY RISK SERVICES BERNICKS PEPSI COLA C & L DISTRIBUTING DAY DISTRIBUTING ED PHILLIPS & SONS CO. ELECTRO WATCHMAN GRIGGS COOPER & CO HANSEN DIST OF SLEEPY EYE . HENRYS FOODS INC HERMEL WHOLESALE JOHNSON BROTHERS LIQUOR CO. LEAGUE OF MN CITIES LENNEMAN BEVERAGE DIST. INC $610.00 LIQUOR CREDIT $1,414.67 QTRLY PREMIUM $44.55 JUNE POP $378.98 JUNE MISC $58,584.68 JUNE BEER $4,287.10 JUNE WINE $18,834.64 QTRLY CHARGE $284.36 JUNE LIQUOR $25,564.87 JUNE BEER $4,792.10 CREDIT- MATCHES $1,225.65 TOBACCO $267.36 JUNE LIQUOR $17,111.85 1999 AUDIT PREM $573.44 JUNE BEER $7,266.50 OPEN -HOLD COUNCIL REPORT 27 -JUN -2000 (16:36) page 4 -_ ___ -_ LOR STORE __ LEO'S TRANSFER ___ ------------------------------- MAY /JUNE FREIGHT $1,419.71 LITCHFIELD FLORAL FLORAL BASKET $30.00 LOCHER BROS INC JUNE BEER $30,804.95 LUNDHOLM, LORI CLEAN WINDOWS $42.60 MCLEOD CTY AG ASSN FAIR DONATION $35.00 NATIONAL PEN CORPORATION PENS $252.09 NORTH STAR ICE 204 BAGS ICE $441.60 PAUSTIS & SONS WINE CREDIT $345.50 PEART & ASSOCIATES CAMERA, LENS, LABOR -SEC SYSTEM $1,002.47 QUADE ELECTRIC BULBS $36.36 QUALITY WINE & SPIRITS CO. JUNE WINE $8,525.44 RESPOND SYSTEMS SAFETY SUPPLIES $66.18 TRI COUNTY BEVERAGE & SUPPLY NNE BEER $376.10 VIKING COCA COLA JUNE POP $382.55 WINE MERCHANTS INC JUNE WINE $91.00 < +> $185,092.30• PUBLIC SITES MCLEOD COOP POWER MAY 2000 ELECTRICAL HOOKUP $800.00 <k> $800.00+ RURAL F. D. CENTRAL GARAGE MAY REPAIRS $1,060.36 <•� $1,060.36+ SCDP 97 Hsg Reh CROW RIVER TITLE DTED GAP EQUITY -J DEBOER $31,755.00 HRA ADMIN FEES- SCHRAMM & JOHNSON $1,400.00 < -> $33,155.00* WATER /SEWER FUND AM.WELDING SUPPLIES REPAIR & MAINTENANCE SUPPLIES $32.94 BERKLEY RISK SERVICES QTRLY PREMIUM $534.60 BROWNS GREENHOUSE FLOWERS $28.56 CAMERA SHOP FILM, DEV & PRINT $15.99 CARQUEST AUTO PARTS LABOR $12.05 CENTRAL GARAGE MAY REPAIRS $3,367.33 CENTRAL HYDRAULICS REPAIR & MAINTENANCE SUPPLIES $15.68 COAST TO COAST SLEDGE HAMMER $29.81 • D.P.C.IND.INC CYLINDER, HAZ FEE $361.34 DEPT OF LABOR & INDUSTRY INSPECTION $20.00 DEVRIES, RANDY REIMB -MEALS $407.61 EARTH TECH /RUST SOUTH SANITARY $26,988.40 EBERT, DICK REIMB- LODGING, MILEAGE $116.20 FASTENAL COMPANY HDWE $124.61 GOPHER STATE INC MAY CALLS $187.20 HACH COMPANY LAB SUPPLIES $458.53 HAWKINS WATER TREATMENT GROUP HYDROFLUOS ACID $857.42 HUTCHINSON UTILITIES MAY UTILITY $611.23 JEFF'S ELECTRIC MATERIALS, LABOR -STNY PT LIFT $6,070.54 JERABEK MACHINE SERV SHEET METAL $8.46 JOHNSON, BECKY REIMB- MILEAGE $33.48 JUUL CONTRACTING CO METER VALVE $30.00 LAB SAFETY SUPPLY INC LAB SUPPLIES $492.60 LEAGUE OF MN CITIES 1999 AUDIT PREM $2,793.03 LTP ENTERPRISES REPAIRS TO WELL #5 $10,349.01 MCC INC BIOSOLIDS DRYING EST #9 $761,593.40 MCLEOD COUNTY HIGHWAY DEPT. 1989 CHEVY 1/2 TON TRUCK $2,662.50 MED- COMPASS MEDICAL EXAMS $315.00 MIDWEST WIRELESS COMM. JUNE SERVICE $116.16 MN VALLEY TESTING LAB LAB TESTS $70.00 MOTOR VEHICLE TITLE TRANSFER FEE $5.50 MPCA RENEWAL FEE -DOUG JOHNSON $23.00 NAGY, RICHARD REIMB- MILEAGE $85.80 NCL LAB SUPPLIES $1,030.74 NEDLAND INDUSTRIES 20 YD CONTAINER - $2,665.00 PITNEY BOWES FOLD /STUFF MACHINE $1,093.49 PRAIRIE COUNTRY RC & D COUNCIL REVIEW OF DRAFT PERMIT $214.50 RAPID CONTAINER SERVICE CONTAINER RENTAL $850.00 RISC NEW EMPLOYEE SITE SAFETY $495.00 SAFETY KLEEN SERVICE MACHINE $140.77 SCHRAMM IMPLEMENT PARTS $101.10 SIMONS, DAVID REIMB - MEALS, MILEAGE $138.29 • STANDARD PRINTING PAPER $292.88 TRI- COUNTY ELECTRIC MOTOR SERV LABOR, MATERIALS $1,775.46 TWO WAY COMM INC STARTAC BATTERY $42.55 OPEN -HOLD COUNCIL REPORT 27 -JUN -2000 (16:36) page 5 --------------------------------------------- WR /SEWER FUND US FILTER /DAVIS PROCESS --------------------------- --' BIOXIDE $7,322.94 US FILTER /WATERPRO 10" 3/0 KIT $203.20 VESSCO INC VACU REGULATOR MAINT $265.97 WEF REG -RANDY DEVRIES $525.00 WELCOME NEIGHBOR MAY LISTING $60.00 < -> $836,034.87• $1,471,855.21* WIRE TRANSFERS H.A.T.S. FUND MN Dept of Revenue - Special fuel tax WATER /SEWER FUND MN Dept of Revenue -Sales tax LIQUOR FUND MN Dept of Revenue- Liquor sales tax MN Dept of Revenue -June est. Liquor sales tax GENERAL FUND MN Dept of Revenue -Civic Arena sales tax L J 445.80 $7,396.00 25,071.00 18,804.00 457.00 is PAYROLL ACCOUNT - PAYROLL OF JUNE 16, 2000 PERIOD ENDING: 06110/00 FOR COUNCIL LIST ONLY - ELECTRONIC TRANSFER TO STATE AND IRS DO NOT ISSUE CHECKS FOR THIS PAGE AMOUNT PEID ACCT# NAME $19,803.88 0140 9995 -2081 WITH. TAX ACCOUNT $11,135.47 0140 9995 -2226 $477.19 0140 9995 -2228 $31,416.54 Sub -Total - Employee Contribution $6,914.19 0140 9995 -2226 $4,698.47 0140 9995 -2228 • $11,612.66 Sub -Total - Employer Contribution $43,029.20 Grand Total - Withholding Tax Account $7,801.63 Finance Director Approval DESCRIPTION Employee Contribution - Federal Tax Employee Contribution - Soc. Security Employee Contribution - Medicare Employer Contribution - Social Security Employer Contribution - Medicare 9995 -2082 MN DEPT OF REVENUE 10 IMMEDIATE PAY COUNCIL REPORT ------------------------------------------ 2000 IMPR. CONST R & R EXCAVATING CRAL GARAGE CITY OF HUTCHINSON FORTIS BENEFITS HUTCHINSON UTILITIES MN MUTUAL LIFE MOTOR VEHICLE 27 -JUN -2000 (16:42) page 1 --------------------------------------------------------- L4/00 EST #1 $69,781.82 $69,781.82* JUNE MEDICAL $432.09 $614.00 JUNE LTD $22.45 JUNE MEDICAL - COBRA - NELSON PARK DEPT TRUCK INSPECTION $314.00 CONCORD SINGERS JUNE LIFE $7.98 SCHMELING OIL CO LICENSE REGISTRATION -EXPED $5.50 $1,494.00 < *> $782.02* JUNE LTD GENERAL FUND CHANHASSEN DINNER THEATRES ADAP REC TOUR -25 +1 TICKETS $614.00 $327.98 CITY OF HUTCHINSON JUNE MEDICAL - COBRA - NELSON $30,684.02 MAY UTILITY CONCORD SINGERS REIMBURSE DONATION $650.00 SCHMELING OIL CO DEPT NATURAL RESOURCES DNR FEES TO STATE $1,494.00 < *> FORTIS BENEFITS JUNE LTD $1,773.17 HENNEPIN COUNTY COURT ADMIN BAIL MONEY -K DRESSEL $100.00 HUTCHINSON UTILITIES PHOTO EYE, BULBS 769.20 JUNE MEDICAL HUTCHINSON, CITY OF FISH & GAME 266.50 FORTIS BENEFITS MCLEOD COOP POWER MAY UTILITY 580.51 MCLEOD COUNTY COURT ADMINISTRA BAIL MONEY -DEAN, VASQUEZ $375.00 MN MUTUAL LIFE JUNE LIFE - COBRA- NELSON $609.00 $1,183.79* SCHMELING OIL CO FUEL OIL $296.70 CO. EE CONTRIB 6/10/00 TEMPLETON INC ER CONRIB -G PLOTZ $638.35 AMERICAN FAMILY INS CO. WASHINGTON COUNTY COURT ADMIN BAIL MONEY -A GLESENER $100.00 c *> EE CONTRIB 6/10/00 $38,950.45* HUTCH COMM DEV.0 CITY OF HUTCHINSON FORTIS BENEFITS MN MUTUAL LIFE JUNE MEDICAL JUNE LTD JUNE LIFE $432.09 $29.33 $10.29 $471.71* HUTCH TRANS FAC. CITY OF HUTCHINSON WATER /SEWER $327.98 FORTIS BENEFITS JUNE LTD HUTCHINSON UTILITIES MAY UTILITY $49.83 REG- MARION GRAHAM $30.00 SCHMELING OIL CO DIESEL FUEL $6,511.31 $103.74 < *> < > $6,889.12* LOOR STORE CITY OF HUTCHINSON JUNE MEDICAL $1,109.42 FORTIS BENEFITS JUNE LTD $55.05 MN MUTUAL LIFE JUNE LIFE $19.32 < *> $1,183.79* PAYROLL FUND AETNA VARIABLE LIFE ASS. CO. EE CONTRIB 6/10/00 $545.00 AMERICAN FAMILY INS CO. EE CONTRIB 6/10/00 $54.30 CITY OF HUTCHINSON EE CONTRIB 6/10/00 $1,974.71 GREAT WEST LIFE INS. CO. EE CONTRIB 6/10/00 $300.00 H.R.L.A.P.R. EE CONTRIB 6/10/00 $213.13 ICMA RETIREMENT TRUST EE CONTRIB 6/10/00 $2,238.46 MN CHILD SUPPORT PAYMENT CENTE MN CHILD SUPPORT PYMT- 6/10/00 $162.89 PERA LIFE INS CO. EE CONTRIB 6/10/00 $132.00 PERA- D.C.P. EE CONTRIS 6/10/00 $52.02 PRUDENTIAL EE CONTRIB 6/10/00 $75.00 PRUDENTIAL MUTUAL FUNDS EE CONTRIB 6/10/00 $30.00 PUBLIC EMPLOYEES EE CONTRIB 6/10/00 $17,323.50 TEMPLETON INC EE CONTRIB 6/10/00 $270.00 WADELL & REED EE CONTRIB 6/10/00 $150.00 < *> $23,521.01* SCDP 97 Heg Reh CROW RIVER TITLE HRA c *> DTED GAP LOAN -T JOHNSON $27,750.00 ADMIN FEE - SCHRAMM & JOHNSON $1,400.00 $29,150.00* WATER /SEWER FUND CITY OF HUTCHINSON JUNE MEDICAL $5,319.84 FORTIS BENEFITS JUNE LTD $291.99 MN DEPT OF HEALTH REG- MARION GRAHAM $30.00 MN MUTUAL LIFE JUNE LIFE $103.74 < > $5,745.57* 1 ' 6 9 9 WA 1 11 ;Il i REQUEST FOR PROPOSALS PRE- DESIGN SUBMITTAL FOR POTENTIAL SHOPPPING CENTER ACQUISITION The City of Hutchinson is requesting proposals to provide services to meet the pre-design requirements of the Minnesota Department of Trade and Economic Development (DTED) for a project involving a proposed acquisition of an existing slapping center with a portion thereof connected to a "multi- purpose Community Center." The proposed location for the Community Center is within the Plaza 15 Shopping Center located on Hwy. 15 South, Hutchinson, MN. Request for proposal forms and the pre-design msattal are available from: The Office of the City Administrator I 11 Hassan Street SE Hutchinson, MN 55350. Tel: 320 -587 -5151 Fax: 320 - 234 -4240 • The city reserves the right to reject any and all proposals thereof. Nothing herein shall be construed to any way limit the ability of the city to negotiate with anyone regarding a proposal. Because of the difficulty in comparing proposals, the city reserves the right to negotiate with, or accept a proposal from, parties who are not necessarily the apparent low bidder. This Request for Proposal is not a solicitation for a competitive bid nor does Minnesota law dealing with competitive bidding requirements govern it. The city reserves to itself; in its sole discretion, the right to determine the terms and conditions of any long -tam leases, building management agreement or similar document. The proposals are to be submitted to Gary. Plotz, City Administrator, in a sealed envelope by 9:30 a.m. on July 7, 2000, and will be publicly opened at 10:00 am. on July 7, 2000, in the Council Chambers, City Center, 111 Hassan Street SE, Hutchinson, MN 55350. The preparation of the pre- design should include the following: 1. PRE- DESIGN SUMMARY STATEMENT • 2. PROJECT NARRATIVE (a) Statutory Requirement • (b) Operational Program (c) Summary of Needs Analysis and Planning Process 3. FINANCIAL INFORMATION (a) Proposed Estimated Project Cost/Budget (1) Site Acquisition (2) Relocation, If Any (3) Pre- design (4) Design Fees (Schematic, Design Development, Contract Documents, Bidding, and Construction Administration) (5) Building Construction/Remodeling (6) Site Construction > Asphalt Parking Lot Replacement > Additional Parking Lot (Reconfiguration of Service Drive and Fremont Avenue) > Sidewalk Replacement > Concrete Replacement for Loading Dock > Overhead Door Replacement > Parking Lot Lighting Replacement 4. REMODEL • • Determine Environmental Issues (Hazardous materials, including asbestos, survey and abatement, if any; also underground storage tanks, if any) • Ensure American Disabilities Act (ADA) requirements are met (including doors), etc. • Evaluate HVAC - Roof Top Units and Any Others - Ductwork for New Occupancy - HVAC Cleaning • Evaluate Roof • Evaluate Interior, Sound, Acoustics and Telecormnunication Opportunities • Evaluate Lighting and Electrical • Evaluate Fire Alarm and Fire Sprinkling Systems • Evaluate Need for "Standby Generator" • Evaluate Facilities to Accornmodate Catering Operation Five Year Proposed Operating Budget • Expenses Itemized • Revenues Itemized • • Surplus/Deficit * Proposed Project Schedule 0 Proposed Funding Procesw Sequence P ROJECT 3 M; IiY O► (a) Narrative of Hospital Master Plan for Re -use of Shopping Center • Relationship with Existing Hospital Facility • Planned Expansion Over Next 10 Years (b) Conceptual Layout of Use of Space (Scaled Drawing) (c) Space Detail and Summary • Community Center • Balance of Shopping Center and Site The pre- design, as outlined above, shall be completed by August 18, 2000 and reviewed at the City Council meeting on August 22, 2000. If this deadline cannot be met, please specify the alternate date of completion on the proposal form. • CITY ASSISTANCE The City Administrator will provide a copy of the Pre- Design Manual and the name of a contact person at the Department of Trade and Economic Development. Also, he will provide a sample of various components of past DTED pre - design submittals. The Park & Recreation Director, Dolf Moon, will provide a draft pro-forma operating budget. The Director of Engineering, John Rodeberg, will provide a preliminary drawing for additional parking due to revisions on Freemont and /or the frontage service drive along the east of Hwy. 15 South. The Fire Chief, Brad Emans, and the Building Official, Mark Hensen, will be available to answer any questions at 320 -587 -5151. HAFP(Plaza 15 • REQUEST FOR PROPOSALS NAME OF FIRM: TELEPHONE: E -MAIL ADDRESS: A. Has your firm prepared a pre- design for a project submitted to the Department of Trade & Economic Development (DTED)? _ Yes _ No If yes, when Type B. Has your firm completed work for a community center, conference center project or other similar public building? _ Yes _ No If yes, when? Type of C. List all other relevant qualifications. D. List principal person working on pre - design Is your firm able to complete the work scope by August 18, 2000 and present your findings to the City Council on August 22, 2000? _ Yes _ No If no, what is your completion date? SCOPE OF SERVICE A. Will you perform all services outlined in the RFP Scope of Service and as defined in the DTED pre-design manual? _ Yes _ No If no. please explain what services would not be provided. Will you employ Mr. Steve Pieh, the Minnetonka Community CenteriSenior Center Coordinator, to assist you for up to 10 hours at $50 per hour. plus mileage expense? 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